S.D. Codified Laws § 34-20B-51 — SD Code / Title 34 / Chapter 20B / Section 34-20B-51
Survival of right of action
Status: in_force

In case of the death of either party, the right of action given in chapter 34-20C shall survive to or against such party's personal representative.

Source: SL 1977, ch 316; SL 1997, ch 203, § 15.
S.D. Codified Laws § 34-20G-31 — SD Code / Title 34 / Chapter 20G / Section 34-20G-31
Department verification of information--Issuance of registry identification card--Verification system
Status: in_force

(1) Verify the information contained in an application or renewal submitted pursuant to this chapter and approve or deny an application or renewal within fifteen days of receiving a completed application or renewal application;

(2) Issue registry identification cards to a qualifying patient and to a qualifying patient's designated caregivers, if any, within five days of approving the application or renewal. A designated caregiver shall have a registry identification card for each of the qualifying patients; and

(3) Enter the registry identification number of any dispensary the patient designates into the verification system.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
S.D. Codified Laws § 34-12-18 — SD Code / Title 34 / Chapter 12 / Section 34-12-18
Unlicensed operation as misdemeanor
Status: in_force

Any person establishing, conducting, managing, or operating any health care facility or related institution without a license is guilty of a Class 1 misdemeanor.

Source: SL 1925, ch 220, § 7; SDC 1939, § 27.9927; SL 1945, ch 108, § 9; SL 1953, ch 123, § 9; SDC Supp 1960, § 27.9946; SL 1977, ch 190, § 14; SL 1986, ch 278, § 11; SL 1989, ch 290.
S.D. Codified Laws § 34-23A-91 — SD Code / Title 34 / Chapter 23A / Section 34-23A-91
Intentional, knowing, or negligent failure to comply--Civil action
Status: in_force

Where there has been an intentional, knowing, or negligent failure to comply with the provisions of §§ 34-23A-89 to 34-23A-93 , inclusive, a pregnant woman who undergoes an abortion, or her survivors, may bring a civil action, and obtain liquidated damages in the amount of ten thousand dollars, plus reasonable attorney's fees and costs jointly and severally from the physician who performed the abortion and the abortion facility where the abortion was performed.

This amount shall be in addition to any damages that the woman or survivors may be entitled to receive under any common law or statutory provisions, to the extent that she sustains any injury. This amount shall also be in addition to the amounts that the woman or other survivors of the deceased unborn child may be entitled to receive under any common law or statutory provisions, including the wrongful death statutes of this state.

Source: SL 2021, ch 151, § 3.
S.D. Codified Laws § 34A-16-9 — SD Code / Title 34A / Chapter 16 / Section 34A-16-9
Expansion of district
Status: in_force

A regional recycling and waste management district may expand to include additional areas not provided for in the articles of incorporation if the governing body of the county or municipality in which such additional areas are located, after the public hearing required in § 34A-16-2 , adopts a resolution requesting inclusion in the district and the commissioners of the district adopt a resolution consenting to the expansion. If a municipality included within a district annexes territory, the annexed area shall be included in the same district as the municipality.

Source: SL 1993, ch 259, § 9.
S.D. Codified Laws § 34A-17-8 — SD Code / Title 34A / Chapter 17 / Section 34A-17-8
Recording
Status: in_force

(a) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee.

(b) Except as otherwise provided in § 34A-17-9(c), an environmental covenant is subject to the laws of this state governing recording and priority of interests in real property.

Source: SL 2005, ch 196, § 8.
S.D. Codified Laws § 34A-8A-3 — SD Code / Title 34A / Chapter 8A / Section 34A-8A-3
Joint promulgation of rules
Status: in_force

Rules promulgated pursuant to § 34A-8A-2 shall be conducted jointly by both the Department of Agriculture and Natural Resources and the Game, Fish and Parks Commission, including joint notice, publication, hearings, and decision - making.

Source: SL 2001, ch 191, § 3; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-25-22.1 — SD Code / Title 34 / Chapter 25 / Section 34-25-22.1
Blood samples taken in violent or accidental death cases--Transmission to laboratory
Status: in_force

The county coroner of each county shall take or cause to be taken blood samples of any person who has died from apparent violence, fire, suicide, or motor vehicle, agricultural, or industrial accident. The samples shall be taken as soon as practicable after the death has been discovered and forthwith transmitted to a laboratory certified to examine the sample for toxicology levels.

Source: SL 1973, ch 228; SL 1983, ch 256; SL 2004, ch 236, § 1.
S.D. Codified Laws § 34-54-2 — SD Code / Title 34 / Chapter 54 / Section 34-54-2
Provisions not applicable--Direct primary care agreement
Status: in_force

A direct primary care agreement is not insurance and is not subject to title 58. Entering into a direct primary care agreement is not the business of insurance and is not subject to title 58. A primary care provider or agent of a health care provider is not required to obtain a certificate of authority or license under this chapter to market, sell, or offer to sell a direct primary care agreement.

Source: SL 2021, ch 159, § 2.
S.D. Codified Laws § 34-44-10 — SD Code / Title 34 / Chapter 44 / Section 34-44-10
Asbestos abatement certificate--Requirements for issuance to contractor
Status: in_force

The department shall issue an asbestos abatement certificate to any asbestos contractor who:

(1) Successfully completes an approved training course;

(2) Demonstrates that each of his workers who works on or is directly responsible for an asbestos abatement project is certified under §§ 34-44-13 and 34-44-14 as appropriate;

(3) Certifies that he has read, understands and shall comply with the applicable state and federal rules on asbestos abatement.

Source: SL 1988, ch 284, § 8.
S.D. Codified Laws § 34A-6-1.8 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.8
Areas addressed in application--Exception
Status: in_force

Each of the following specific areas shall be addressed in detail in the application unless the secretary in accordance with rules promulgated pursuant to § 34A-6-1.6 determines that it is inappropriate for the specific type of facility:

(1) An operations plan which details the specific disposal or resource recovery method to be used including the daily and weekly disposal and cover routine, litter control, source controls and monitoring, occupational safety, dust control, weigh - in, and fee collection method where applicable, and quality control;

(2) A closure and post - closure plan detailing the schedule for and the methods by which the operator will meet the conditions for proper closure and post - closure adopted by rule by the board. The plan shall include the proposed frequency and types of actions to be implemented prior to and following the closure of an operation, the proposed post - closure actions to be taken to return the area to a condition suitable for other uses, and an estimate of the costs of closure and post - closure and the proposed method of meeting these costs. The post - closure plan shall cover the thirty - year time period following closure of the facility;

(3) A plan for the control and treatment of leachate and methane;

(4) A financial plan detailing the actual cost of all phases and components of the comprehensive plan and the solid waste facility and the funding sources for the project. In addition to the submittal of the financial plan filed pursuant to this division, the operator of an existing landfill shall submit an annual financial statement to the department; and

(5) An emergency response and remedial action plan including provisions to minimize the possibility of fire, explosion, or any release to air, land, or water of pollutants that could threaten human health and the environment, and the identification of possible occurrences that may endanger human health and environment.

Source: SL 1989, ch 306, § 10; SL 1993, ch 256, § 27.
S.D. Codified Laws § 34-23-7 — SD Code / Title 34 / Chapter 23 / Section 34-23-7
Treatment facilities provided by prison officials--Prisoners required to undergo treatment
Status: in_force

The authorities of any state, county, or city prison are directed to make available to the health authorities such portion of any state, county, or city prison as may be necessary for a clinic or hospital wherein all persons who may be confined or imprisoned in any such prison and who are infected with venereal disease, and all such persons who are suffering with venereal disease at the time of the expiration of their term of imprisonment, and in case no other suitable place for isolation or quarantine is available, such other persons as may be isolated or quarantined under the provisions of this chapter shall be isolated and treated at public expense until cured. In lieu of such isolation any of such persons may in the discretion of the Department of Health be required to report for treatment to a licensed physician or submit to treatment provided at public expense.

Source: SL 1919, ch 284, § 4; SDC 1939, § 27.2404.
S.D. Codified Laws § 34-26-17 — SD Code / Title 34 / Chapter 26 / Section 34-26-17
Right and duty of burial on failure by persons first charged--County claim against estate for expense of burial
Status: in_force

In case the person upon whom the right and duty of burial is first cast by the provisions of § 34-26-75 does not make the burial within a reasonable time, the duty devolves upon the person next specified; and if all omit to act it devolves upon the county of the legal residence of the deceased, and if no such residence is known, then upon the county where the body is first found, and in all such cases the county has a legal preferred claim against the estate of the decedent for the actual expense incurred.

Source: PenC 1877, § 355, subdiv 4; CL 1887, § 6556, subdiv 4; RPenC 1903, § 360, subdiv 4; RC 1919, § 3874 (4); SDC 1939, § 27.1303 (4); SL 1963, ch 153; SL 2022, ch 113, § 9.
S.D. Codified Laws § 34-45-14 — SD Code / Title 34 / Chapter 45 / Section 34-45-14
Private listings furnished to 911 system
Status: in_force

Any private listing subscriber in 911 service area shall waive the privacy afforded by nonlisted or nonpublished numbers to the extent that the name and address associated with the telephone number may be furnished to the 911 system, for call routing, for automatic retrieval of location information, and for associated emergency services.

Source: SL 1989, ch 303, § 14.
S.D. Codified Laws § 34A-2-104 — SD Code / Title 34A / Chapter 2 / Section 34A-2-104
Legislative findings--Declaration of public policy
Status: in_force

The Legislature finds that groundwater is a resource of immeasurable value to public health and welfare, critical for the provision of water supply needs for domestic, agricultural, industrial, mining, recreational and other beneficial uses of water, and that pollution of groundwater of this state from both point and nonpoint sources constitutes a menace to public health, welfare and the environment, and that there has been an increasing awareness on the part of the public, local governments and the state that groundwater must be protected, that once groundwater is polluted, it is extremely difficult and expensive to clean up, that both strong enforcement and public education are important and necessary components of the state strategy for minimizing and reducing potential pollution sources, and that effective preventive measures and swift response to releases of pollutants minimize groundwater pollution. It is hereby declared to be the public policy of this state to conserve the groundwaters of the state and to protect, maintain and improve the quality thereof for present and future beneficial uses through the prevention of pollution, correction of groundwater pollution problems and close control of limited degradation perimeters permitted for necessary economic or social development.

Source: SL 1989, ch 306, § 40.
S.D. Codified Laws § 34-20G-88 — SD Code / Title 34 / Chapter 20G / Section 34-20G-88
Data maintained by department--Grounds for disclosure
Status: in_force

Confidential data or data that is not a public record kept or maintained by the department may only be disclosed as necessary to:

(1) Verify a registration certificate or registry identification card pursuant to this chapter;

(2) Notify law enforcement of an apparent criminal violation of this chapter or respond to law enforcement or prosecutorial officials engaged in the investigation or enforcement of the criminal provisions of this chapter;

(3) Notify state and local law enforcement about falsified or fraudulent information submitted for the purpose of obtaining or renewing a registry identification card;

(4) Notify the applicable licensing board if there is reason to believe that a practitioner has violated the standard of care for evaluating a medical condition; or respond to the board, if the board is seeking data relevant to an investigation of a person who holds a license issued by the board;

(5) Any judicial authority under grand jury subpoena or court order or equivalent judicial process for investigation of criminal, civil, or administrative violations related to the use of medical cannabis;

(6) An authorized employee of the department performing official duties associated with the medical cannabis program;

(7) A practitioner to determine if a person in the practitioner's care engages in the medical use of cannabis so the practitioner may assess possible drug interactions or assess other medically necessary concerns; or

(8) Comply with the reporting requirement in § 34-20G-88.1 .

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 120, § 2; SL 2022, ch 134, § 2; SL 2022, ch 136, § 3; SL 2024, ch 132, § 10.
S.D. Codified Laws § 34-25-32.3 — SD Code / Title 34 / Chapter 25 / Section 34-25-32.3
Disposition of remains of embryo or fetus
Status: in_force

Remains of a human embryo or fetus resulting from an abortion or miscarriage, induced or occurring accidentally or spontaneously at a hospital, clinic, or medical facility shall be disposed of in the manner provided by §§ 34-25-32.3 to 34-25-32.7 , inclusive.

Source: SL 1998, ch 208, § 1.
S.D. Codified Laws § 34-48A-49 — SD Code / Title 34 / Chapter 48A / Section 34-48A-49
Emergency management as governmental function--Exceptions--Worker's compensation
Status: in_force

All functions under this chapter and all other activities relating to emergency management are governmental functions. Neither the state nor any political subdivision thereof, nor other agencies, nor, except in cases of willful misconduct, gross negligence, or bad faith, any emergency management worker complying with or reasonably attempting to comply with this chapter, or any order, rule promulgated pursuant to the provisions of this chapter, or pursuant to any ordinance relating to blackout or other precautionary measures enacted by any political subdivision of this state, is liable for the death of or injury to persons, or damage to property, as a result of such activity. The provisions of this section do not affect the right of any person to receive benefits to which he would otherwise be entitled under this chapter, or under the worker's compensation law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress.

Source: SL 1949, ch 236, § 10; SL 1951, ch 285, § 10; SL 1953, ch 288, § 6; SDC Supp 1960, § 41.01C09 (1); SL 1977, ch 271, § 38; SL 1992, ch 236, § 24; SDCL § 33-15-38 .
S.D. Codified Laws § 34-25-32.7 — SD Code / Title 34 / Chapter 25 / Section 34-25-32.7
Fetal organ, tissue donation--Circumstances--Consent required
Status: in_force

Tissue and organ donation may occur in cases of spontaneous abortions if the consent of the mother is obtained.

Source: SL 1998, ch 208, § 5.
S.D. Codified Laws § 34-26-8 — SD Code / Title 34 / Chapter 26 / Section 34-26-8
Notice to medical school of unclaimed body--Requisition by and forwarding to medical school
Status: in_force

It shall be the duty of any person into whose charge may come the unclaimed dead body of a convict or other person to be buried at public expense, to give notice to the dean of the School of Medicine of the University of South Dakota within twenty - four hours after the receipt of any such body, specifying in such notice the probable cause of death; and upon the requisition of such dean he shall forward such body to the university, at its expense, within twenty - four hours of the receipt of such requisition.

Source: SL 1909, ch 278, § 1; RC 1919, § 5595; SDC 1939, § 15.1104.
S.D. Codified Laws § 34-20B-28.4 — SD Code / Title 34 / Chapter 20B / Section 34-20B-28.4
Exemptions--Granting on appropriate showing--Inclusion in listings
Status: in_force

The Board of Pharmacy may grant exemptions from the requirements of §§ 34-20B-28.1 to 34-20B-28.6 , inclusive, upon application by any drug manufacturer or distributor showing size, physical characteristics, or other unique characteristics which render the application of a code imprint to a legend drug subject to §§ 34-20B-28.1 to 34-20B-28.6 , inclusive, impractical or impossible. Any such exemption granted by the board shall be included by the manufacturer or distributor in the listing required by § 34-20B-28.3 , describing the physical characteristics and type of drug to which the exemption relates.

Source: SL 1980, ch 241, § 4.
S.D. Codified Laws § 34-3A-3 — SD Code / Title 34 / Chapter 3A / Section 34-3A-3
Fees receivable by counties and municipalities
Status: in_force

The counties and municipalities are hereby authorized to receive the amount of fees to be charged for such services, that may be received from the patient, home health insurance benefits as provided by the Social Security Act and any amendments thereto, State Department of Social Services, other insurance programs, governmental agencies, private health and welfare agencies and associations.

Source: SL 1968, ch 26.
S.D. Codified Laws § 34A-5-28 — SD Code / Title 34A / Chapter 5 / Section 34A-5-28
Trustees and employees not to be interested in district transactions
Status: in_force

No trustee or employee of a sanitary district may be directly or indirectly interested in any contract, work, or business of the district, or the sale of any article, the expense, price, or cost of which is paid by the district, nor in the purchase of any real, personal, or other property belonging to the district, or which shall be sold for taxes or assessments, or by virtue of legal process at the suit of the district.

Source: SL 1947, ch 226, § 16; SDC Supp 1960, § 45.3816; SDCL § 34-17-24; SL 2011, ch 165, § 92.
S.D. Codified Laws § 34A-6-64 — SD Code / Title 34A / Chapter 6 / Section 34A-6-64
Disposal of tires
Status: in_force

Disposal of tires at sanitary landfills in this state is prohibited beginning on July 1, 1995, unless the tire has been processed in the manner established in rule by the board.

Source: SL 1992, ch 254, § 26.
S.D. Codified Laws § 34A-13-50 — SD Code / Title 34A / Chapter 13 / Section 34A-13-50
Scope of program
Status: in_force

Payments made from the director for tank pulling and corrective action under the abandoned tank removal program may include:

(1) Tank pulling, as defined in this chapter, including the disposal of tank contents and specifically excluding the replacement of surface above the backfill area; and

(2) Removal of abandoned waste oil tanks and corrective action of a waste oil release located on an abandoned site.

Source: SL 2000, ch 175, § 2.
S.D. Codified Laws § 34-12G-3 — SD Code / Title 34 / Chapter 12G / Section 34-12G-3
Eligible health care professionals
Status: in_force

A physician is eligible to participate in the recruitment assistance program established pursuant to §§ 34-12G-1 to 34-12G-9 , inclusive, if the physician is licensed to practice medicine pursuant to chapter 36-4 and has completed an accredited residency program in family practice, pediatrics, internal medicine, or obstetrics/gynecology, and if the physician agrees to practice in an eligible rural community for a minimum period of three years. No more than fifteen physicians may participate in the program at any specified time. Preference shall be given to physicians who have graduated from the University of South Dakota School of Medicine and completed an accredited residency program located in South Dakota.

A dentist is eligible to participate in the recruitment assistance program established pursuant to §§ 34-12G-1 to 34-12G-9 , inclusive, if the dentist is licensed to practice dentistry pursuant to chapter 36-6A and agrees to practice general or pediatric dentistry in an eligible rural community for a minimum period of three years. No more than five dentists may participate in the program at any specified time.

A physician assistant, certified nurse practitioner, or certified nurse midwife is eligible to participate in the recruitment assistance program established pursuant to §§ 34-12G-1 to 34-12G-9 , inclusive, if the physician assistant, certified nurse practitioner, or certified nurse midwife is licensed to practice pursuant to chapter 36-4A or chapter 36-9A , respectively, and has completed an accredited physician assistant, certified nurse practitioner, or certified nurse midwife program and if the person agrees to practice as a primary care physician assistant, family certified nurse practitioner, or certified nurse midwife in an eligible rural community for a minimum period of three years.

A certified registered nurse anesthetist is eligible to participate in the recruitment assistance program established pursuant to §§ 34-12G-1 to 34-12G-9 , inclusive, if the nurse is authorized to practice the nursing specialty of nurse anesthesia, as described in § 36-9-3.1 , and agrees to practice as a certified registered nurse anesthetist in an eligible rural community for a minimum period of three years.

No more than a cumulative total of fifteen physician assistants, certified nurse practitioners, certified nurse midwives, or certified registered nurse anesthetists may participate in the program at any specified time.

Source: SL 2012, ch 179, § 3; SL 2017, ch 171, § 50; SL 2021, ch 143, § 1.
S.D. Codified Laws § 34-23A-67 — SD Code / Title 34 / Chapter 23A / Section 34-23A-67
Legislative findings as to unborn child capable of experiencing pain
Status: in_force

The Legislature finds that:

(1) The state has a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain;

(2) There is substantial medical evidence that an unborn child is capable of experiencing pain by twenty weeks after fertilization.

Source: SL 2016, ch 180, § 1.
S.D. Codified Laws § 34-20E-4 — SD Code / Title 34 / Chapter 20E / Section 34-20E-4
Grounds for extension of time to submit information
Status: in_force

The board may grant an extension of the time in which a dispenser must report the information required by § 34-20E-2 to any dispenser that is unable to submit prescription information by electronic means because of one of the following occurrences:

(1) The dispenser suffers a mechanical or electronic failure or cannot report within the required time for other reasons beyond the dispenser's control;

(2) The central repository is unable to receive electronic submissions; or

(3) Good cause shown by a dispenser.

Source: SL 2010, ch 175, § 4.
S.D. Codified Laws § 34-18-14.1 — SD Code / Title 34 / Chapter 18 / Section 34-18-14.1
Issuance of provisional license
Status: in_force

The department may issue a provisional license if an applicant or licensee under this chapter fails to comply with the established standards but signifies an intention to remedy such fault. The provisional license shall state on its face the conditions under which it is granted and the period of time for which it is issued. A provisional license may also be issued to cover the maintenance of the establishment or campground until an inspection can be completed and a regular license issued, if the application for license is found to be in order.

Source: SL 2000, ch 167, § 3.
S.D. Codified Laws § 34-11A-4 — SD Code / Title 34 / Chapter 11A / Section 34-11A-4
Certification of petition--Designation of time and place for hearing
Status: in_force

Upon the filing of petition in the office of the county auditor, the county auditor shall determine and certify that the petition has been signed by at least twenty percent of the number of registered voters voting in the last gubernatorial election within the proposed district. If the petition contains sufficient names, the county auditor shall designate a time and place for the petition or resolution of the county commissioners to be heard by the board of county commissioners.

Source: SL 1982, ch 259, § 4; SL 1998, ch 36, § 22; SL 2007, ch 191, § 2.
S.D. Codified Laws § 34A-13-10 — SD Code / Title 34A / Chapter 13 / Section 34A-13-10
Avoidance of liability by conveyance or agreement prohibited--Exceptions
Status: in_force

No covered party may avoid liability by means of a conveyance of any right, title, or interest in real property; or by any indemnification, hold harmless agreement, or similar agreement.

However, the provisions of this chapter do not:

(1) Prohibit a person who may be liable from entering into an agreement by which the person is insured or is a member of a risk retention group, and is thereby indemnified for part or all of the liability;

(2) Prohibit the enforcement of an insurance, hold harmless, or indemnification agreement; or

(3) Bar a cause of action brought by a person who may be liable or by an insurer or guarantor, whether by right of subrogation or otherwise.

Source: SL 1988, ch 290, § 10; SL 1992, ch 260, § 13.
S.D. Codified Laws § 34-31A-15.1 — SD Code / Title 34 / Chapter 31A / Section 34-31A-15.1
Filling of vacancy on board of directors
Status: in_force

The board of county commissioners shall fill a vacancy on the board of directors of a rural fire protection district by appointing a voter of the district who meets the requirements in § 34-31A-13 to complete the unexpired term.

Source: SL 1987, ch 257.
S.D. Codified Laws § 34A-16-34 — SD Code / Title 34A / Chapter 16 / Section 34A-16-34
Application of designation
Status: in_force

The designation may not apply to or include materials that are separated from solid waste by the generator of the waste for reuse or recycling and recovered for reuse in their original form or for use in manufacturing processes.

Source: SL 1993, ch 259, § 36.
S.D. Codified Laws § 34-21-49 — SD Code / Title 34 / Chapter 21 / Section 34-21-49
Transportation without timely notice prohibited
Status: in_force

Unless the terms of §§ 34-21-47 and 34-21-48 are complied with no radioactive waste may be transported through the state.

Source: SL 1980, ch 243, § 3.
S.D. Codified Laws § 34-39-1.1 — SD Code / Title 34 / Chapter 39 / Section 34-39-1.1
Liquefied petroleum gas defined
Status: in_force

The term "liquefied petroleum gas," as used in this chapter, shall mean and include any material which is composed predominantly of any of the following hydrocarbons, or mixtures of the same: propane, propylene, butanes (normal butane or isobutane), and butylenes.

Source: SL 1941, ch 101, § 1; SL 1947, ch 98, § 1; SDC Supp 1960, § 31.03A01; SDCL § 34-39-1 .
S.D. Codified Laws § 34A-8-2 — SD Code / Title 34A / Chapter 8 / Section 34A-8-2
Investigation of wildlife by secretary--Information developed
Status: in_force

The game, fish and parks secretary shall conduct investigation on nongame, endangered, or threatened wildlife to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine management measures necessary to ensure their perpetuation as viable components of their ecosystem and for human enjoyment.

Source: SL 1977, ch 335, § 3.
S.D. Codified Laws § 34-10-4 — SD Code / Title 34 / Chapter 10 / Section 34-10-4
Joint action of county commissioners of two or more counties
Status: in_force

If the district extends into two or more counties, the boards of county commissioners shall, within thirty days after the filing of such petition, meet in joint session and canvass the same, and if found to be signed by the requisite number of resident electors in the district, they shall by joint action order such election and appoint judges and clerks of election as provided in § 34-10-3 . Such joint session and all subsequent joint sessions required by this chapter shall be held at the county seat of the county having the largest portion of its territory included within the boundaries of said proposed district.

Source: SL 1959, ch 135, § 4; SDC Supp 1960, § 27.19B04; SL 1972, ch 15, § 3.
S.D. Codified Laws § 34-12G-11 — SD Code / Title 34 / Chapter 12G / Section 34-12G-11
Rural health care facility recruitment program--Eligible facilities
Status: in_force

A rural health care facility is eligible to participate in the recruitment assistance program if the facility:

(1) Is located in a community with a population of ten thousand or less;

(2) Is:

(a) Licensed pursuant to chapter 34-12 ;

(b) A dental practice; or

(c) Certified under Title XVIII or XIX of the Social Security Act as amended through December 31, 2011; and

(3) Agrees to provide its portion of the recruitment assistance payment payable to a health care professional who practices in the health care facility as required by §§ 34-12G-10 to 34-12G-17 , inclusive.

A rural health care facility may have up to three eligible health care professionals per year participate in the program.

Source: SL 2012, ch 180, § 2; SL 2023, ch 116, § 1.
S.D. Codified Laws § 34-23-13 — SD Code / Title 34 / Chapter 23 / Section 34-23-13
Rules and regulations for venereal disease control
Status: in_force

The State Department of Health is hereby empowered and directed to make, in compliance with chapter 1-26 , such rules and regulations as shall in its judgment be necessary for the carrying out of the provisions of this chapter, including rules and regulations provided for the control and treatment of persons isolated or quarantined under the provisions of this chapter and such other rules and regulations not in conflict with the provisions of this chapter concerning the control of venereal diseases and concerning the care, treatment, and quarantine of persons infected therewith, as it may from time to time deem advisable.

All such rules and regulations so made shall be of force and binding upon all county and municipal health officers and other persons affected by this chapter.

Source: SL 1919, ch 284, § 5; SDC 1939, § 27.2405; SL 1972, ch 15, § 4.
S.D. Codified Laws § 34-11A-15 — SD Code / Title 34 / Chapter 11A / Section 34-11A-15
District constitutes body politic and corporate
Status: in_force

Upon compliance with the provisions of this chapter relating to organization and upon compliance with chapter 6-10 , the district under its designated name shall be and constitute a body politic and corporate.

Source: SL 1982, ch 259, § 15.
S.D. Codified Laws § 34-22-44.1 — SD Code / Title 34 / Chapter 22 / Section 34-22-44.1
Definition of statewide emergency registry volunteer
Status: in_force

Terms used in § 34-22-44.2 mean:

(1) "Statewide Emergency Registry of Volunteers for South Dakota (SERV SD)," the state's version of the Emergency System for Advance Registration of Health Professions Volunteers authorized by Public Law 107-188, known as the Public Health Security and Bioterrorism Preparedness and Response Act of 2002;

(2) "Volunteer," an individual who, without the expectation of receiving compensation for services, responds to and acts in accordance with a call to service under the SERV SD program in response to a declared public health emergency as provided for in §§ 34-22-41 to 34-22-44 , inclusive.

Source: SL 2009, ch 167, § 1.
S.D. Codified Laws § 34A-8-6 — SD Code / Title 34A / Chapter 8 / Section 34A-8-6
Departments to manage, protect, and restore endangered and threatened species
Status: in_force

The Department of Game, Fish and Parks and the Department of Agriculture and Natural Resources shall perform those acts necessary for the conservation, management, protection, restoration, and propagation of endangered, threatened, and nongame species of wildlife.

Source: SL 1977, ch 335, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-29B-21 — SD Code / Title 34 / Chapter 29B / Section 34-29B-21
Secretary of public safety as ex-officio chairman of board
Status: in_force

The secretary of public safety shall be ex - officio chairman of the fire marshal's advisory board.

Source: SL 1991, ch 283, § 22; SL 2003, ch 272, § 23.
S.D. Codified Laws § 34-23A-78 — SD Code / Title 34 / Chapter 23A / Section 34-23A-78
Legislative finding regarding noncompliance with subsection34-23A-10.1(1)(e)(ii)
Status: in_force

The Legislature finds that the failure to comply with the provisions of subsection 34-23A-10.1 (1)(e)(ii) is contrary to the interests of pregnant mothers and pregnant mothers' need to make informed and voluntary decisions, and is not in keeping with the spirit and purpose of §§ 34-23A-1.3 to 34-23A-1.7 , inclusive, and 34-23A-10.1 , and the holding of the United States Court of Appeals in Planned Parenthood v. Rounds , 686 F.3d 889 (8th Cir. 2012)( en banc ) and the final amended judgment of the U.S. District Court, dated December 28, 2012.

Source: SL 2018, ch 205, § 5.
S.D. Codified Laws § 34A-2-34 — SD Code / Title 34A / Chapter 2 / Section 34A-2-34
Rules for grant or denial of certification--Procedural requirements of rules
Status: in_force

The board shall promulgate rules pursuant to chapter 1-26 establishing procedures which the secretary shall follow in granting or denying certification under § 34A-2-33 . The rules may not exceed minimum federal regulations. The rules shall require adequate public notice of an application for certification within an area no smaller than the county where the activity is located, opportunity for public participation in the decision - making process on an application for certification, and opportunity and procedures for contested case hearings on applications for certification in conformity with chapter 1-26 .

Source: SL 1976, ch 285, § 1; SDCL Supp, § 46-25-50.2; SL 1993, ch 256, § 16.
S.D. Codified Laws § 34-12-54 — SD Code / Title 34 / Chapter 12 / Section 34-12-54
Promulgation of rules regarding trauma care system
Status: in_force

The department shall promulgate rules, pursuant to chapter 1-26 , to provide for a trauma care system and statewide trauma registry. The rules shall include:

(1) Designation of the levels of trauma hospitals or freestanding emergency medical care facilities and the resources each hospital or freestanding emergency medical care facility is required to have concerning personnel, equipment, data collection, and organizational capacity for each level;

(2) Prehospital emergency medical services triage and treatment protocols for trauma patients; and

(3) Requirements for collection and release of trauma registry data.

Source: SL 2008, ch 168, § 3; SL 2017, ch 150, § 5.
S.D. Codified Laws § 34-23A-37 — SD Code / Title 34 / Chapter 23A / Section 34-23A-37
Information collection form
Status: in_force

The Department of Health shall prepare a reporting form for physicians which shall provide for the collection of the following information:

(1) The number of pregnant mothers to whom the physician provided the information described in subdivision 34-23A-10.1 (1) and of those pregnant mothers, the number to whom the physician provided information in the capacity of a referring physician and the number to whom the physician provided information in the capacity of a physician who is to perform the abortion;

(2) The number of pregnant mothers to whom the physician provided the information described in subdivision 34-23A-10.1 (2); of that number, the number provided by telephone and the number provided in person; of each of those numbers, the number provided in the capacity of a referring physician and the number provided in the capacity of a physician who is to perform the abortion; and of each of those numbers, the number provided by the physician and the number provided by an agent of the physician;

(3) The number of pregnant mothers who availed themselves of the opportunity to obtain a copy of the printed information described in § 34-23A-10.3 , and the number who did not; and of each of those numbers, the number who, to the best of the reporting physician's information and belief, went on to obtain the abortion;

(4) The number of pregnant mothers who availed themselves of the opportunity to view a sonogram image, hear the heartbeat of the unborn child, or both, pursuant to § 34-23A-52 , and the number who did not; and of each of those numbers, the number who, to the best of the reporting physician's information and belief, went on to obtain the abortion;

(5) The number of abortions performed by the physician in which information otherwise required to be provided at least twenty-four hours before the abortion was not provided because an immediate abortion was necessary to avert the pregnant mother's death, and the number of abortions in which such information was not so provided because a delay would have created a serious risk of substantial and irreversible impairment of a major bodily function;

(6) The name of the hospital or physician office;

(7) The month, day, and year of the report; and

(8) A unique patient number that can be used to link the report under this section to the medical report for inspection, clarification, and correction purposes, but which cannot, of itself, reasonably lead to the identification of any pregnant mother obtaining an abortion.

Source: SL 1998, ch 209, § 4; SL 2004, ch 234, § 3; SL 2008, ch 174, § 2; SL 2019, ch 151, § 1.
S.D. Codified Laws § 34-20A-79 — SD Code / Title 34 / Chapter 20A / Section 34-20A-79
Refusal of commitment by facility
Status: in_force

An accredited treatment facility may refuse a request of a competent patient, spouse, parent, sibling, adult child, or guardian to accept the patient for commitment to treatment.

Source: SL 1974, ch 240, § 12 (k); SL 1985, ch 277, § 29.
S.D. Codified Laws § 34-18-11 — SD Code / Title 34 / Chapter 18 / Section 34-18-11
Annual fees for food service and lodging establishment licenses
Status: in_force

The annual license fee for a food service establishment or a lodging establishment shall be as follows:

(1) Food service establishment with no seating, ninety dollars;

(2) Food service establishment with one to fifty seats, inclusive, one hundred twenty dollars;

(3) Food service establishment with fifty-one to one hundred seats, inclusive, one hundred eighty dollars;

(4) Food service establishment with one hundred one or more seats, two hundred twenty-five dollars;

(5) Vacation home establishment, forty-five dollars;

(6) Specialty resort, forty-five dollars; and

(7) Hotel, two dollars and twenty-five cents per unit, with a minimum of forty-five dollars.

Source: SL 1913, ch 238, § 6; SL 1915, ch 215, § 6; RC 1919, § 7826; SL 1921, ch 256, § 4; SL 1935, ch 173, § 3; SDC 1939, § 27.1707; SL 1941, ch 127, § 2; SL 1955, ch 94, § 3; SL 1963, ch 158, § 7; SL 1967, ch 106, § 1; SL 1980, ch 238, § 7; SL 2009, ch 165, § 5.
S.D. Codified Laws § 34-44-24 — SD Code / Title 34 / Chapter 44 / Section 34-44-24
Procedure for submitting approval and renewal applications
Status: in_force

Applications for approval and renewals of approval shall be submitted according to procedures established by the board through rules promulgated pursuant to chapter 1-26 .

Source: SL 1988, ch 284, § 22.
S.D. Codified Laws § 34-31A-18 — SD Code / Title 34 / Chapter 31A / Section 34-31A-18
District contracts with other agencies or nonprofit corporations for fire protection--Validity of contracts
Status: in_force

Any rural fire protection district may enter into a contract with another rural fire protection district to consolidate or cooperate for mutual fire protection and prevention purposes, or may enter into a contract with any federal, state, or local government agency for fire protection service or fire protection cooperation upon terms suitable to all concerned. Power to make such contracts is hereby conferred upon such state or local government agency in addition to such powers as are otherwise provided by law. Any rural fire protection district may enter into a contract with any nonprofit corporation, organized under the laws of this state and whose sole purpose is fire protection, for fire protection service or fire protection cooperation upon terms suitable to all concerned. Any contract between a rural fire protection district and a nonprofit corporation that was entered into prior to July 1, 2005, and which now complies with the provisions of this section is hereby declared to be valid and legal.

Source: SL 1971, ch 208, § 10; SL 2005, ch 192, § 1.
S.D. Codified Laws § 34A-5-45 — SD Code / Title 34A / Chapter 5 / Section 34A-5-45
Recording of map and resolution after annexation or exclusion of territory
Status: in_force

If the limits of any district are changed by resolution or by decree of court, the president of the board of trustees shall cause an accurate map of the territory, together with a copy of the resolution or decree, duly certified, to be recorded in the office of the register of deeds of the county or counties in which the territory is situated and thereupon the territory becomes a part of the district or is excluded from the district, as the case may be.

Source: SL 1967, ch 227, § 4; SDCL § 34-17-38; SL 2011, ch 165, § 105.
S.D. Codified Laws § 34-26A-5.1 — SD Code / Title 34 / Chapter 26A / Section 34-26A-5.1
Crematory licensure--Suspension or revocation--Hearing--Promulgation of rules
Status: in_force

The State Board of Funeral Service may, after notice and a hearing, suspend or revoke licensure issued in accordance with § 34-26A-4.1 . The board shall promulgate rules, in accordance with chapter 1-26 , to establish the grounds for suspension or revocation of the licensure.

Source: SL 2023, ch 129, § 6.
S.D. Codified Laws § 34-48A-20 — SD Code / Title 34 / Chapter 48A / Section 34-48A-20
Cooperation with federal agencies--Mobilization of forces--Warning signals--Utility systems--Public meetings--Evacuation
Status: in_force

The Governor and secretary may cooperate with the President and other appropriate federal officers and agencies and with the officers and agencies of other states and political subdivisions, in matters pertaining to the emergency management of the state and nation, including the direction or control of:

(1) Mobilization of emergency management forces;

(2) The use of warning signals for tests, exercise, or attacks;

(3) The maintenance of utility systems;

(4) Public meetings or gatherings; and

(5) The evacuation and reception of the civilian population.

Source: SL 1951, ch 285, § 6; SDC Supp 1960, § 41.01C05 (2) (h); SL 1977, ch 271, § 14; SL 2004, ch 17, § 194; SDCL § 33-15-16 .
S.D. Codified Laws § 34-38-35 — SD Code / Title 34 / Chapter 38 / Section 34-38-35
Promulgation of rules
Status: in_force

For the purpose of implementing this chapter, the department may promulgate rules, pursuant to chapter 1-26 , to protect the health and safety of persons from fire, explosion and like emergencies based on codes and standards set forth by the International Building Code, the International Fire Code, and the International Mechanical Code, 2015 editions, and referenced standards except such portions as are deleted, modified, or amended.

Source: SL 1991, ch 269, § 13; SL 2006, ch 185, § 9; SL 2010, ch 177, § 7; SL 2016, ch 181, § 7.
S.D. Codified Laws § 34-26-7 — SD Code / Title 34 / Chapter 26 / Section 34-26-7
Dissection authorized by legislative enactment
Status: in_force

The right to dissect the dead body of a human being exists in the cases authorized by positive enactment of the Legislature of this state.

Source: PenC 1877, § 351, subdiv 1; CL 1887, § 6552, subdiv 1; RPenC 1903, § 356, subdiv 1; RC 1919, § 3870 (1); SDC 1939, § 27.1304 (1).
S.D. Codified Laws § 34-1-23 — SD Code / Title 34 / Chapter 1 / Section 34-1-23
Appropriations and disbursements from health special services fund--Other appropriations unrestricted
Status: in_force

The funds described in § 34-1-22 are hereby annually appropriated for payment of salaries, travel, and expenditures relating to the sources of revenue, as determined by the secretary of health. The state auditor shall issue warrants upon the funds hereby appropriated upon vouchers approved by the secretary of health. The funds hereby appropriated shall not be construed to be a limitation on money expendable by the State Department of Health for the purposes herein specified, notwithstanding other and further appropriations from the state general fund or other moneys for said or similar purposes.

Source: SL 1961, ch 136.
S.D. Codified Laws § 34A-16-36 — SD Code / Title 34A / Chapter 16 / Section 34A-16-36
Required evaluations for plan proposing designation to facilities
Status: in_force

If the plan proposes designation to disposal facilities, the designation plan shall also evaluate:

(1) Whether the disposal facility is part of an integrated waste management system involving a processing facility and the designation is necessary for the financial support of the processing facility;

(2) Whether the designation will better serve to protect public health and safety;

(3) The impacts on other disposal facilities inside and outside the area;

(4) Whether the designation is necessary to promote regional waste management programs and cooperation; and

(5) The extent to which the design and operation of the disposal facility protects the environment including whether it is permitted under current law.

Source: SL 1993, ch 259, § 38.
S.D. Codified Laws § 34A-2-67 — SD Code / Title 34A / Chapter 2 / Section 34A-2-67
Appeal bond not required of state or board
Status: in_force

Neither the state nor the board need give a bond or make a deposit for costs upon an action for judicial review or upon any subsequent appeal.

Source: SL 1973, ch 280, § 12 (2); SDCL Supp, § 46-25-83.
S.D. Codified Laws § 34-20B-27 — SD Code / Title 34 / Chapter 20B / Section 34-20B-27
Recommendations for addition, deletion, or rescheduling of scheduled substances
Status: in_force

The department shall make recommendations to the Legislature that a substance be added, deleted, or rescheduled when the department determines that such substance has a different potential for abuse.

Source: SL 1970, ch 229, § 7 (a); SDCL Supp, § 39-17-69; 9SL 1976, ch 158, § 42-17.
S.D. Codified Laws § 34-44-17 — SD Code / Title 34 / Chapter 44 / Section 34-44-17
Suspension or revocation of contractor's or worker's certificate
Status: in_force

The department may suspend or revoke a certificate pursuant to chapter 1-26 if an asbestos contractor or worker fails to comply with any provisions of this chapter or with rules promulgated pursuant to chapter 34A-1 as they apply to asbestos projects.

Source: SL 1988, ch 284, § 15.
S.D. Codified Laws § 34-37-2.1 — SD Code / Title 34 / Chapter 37 / Section 34-37-2.1
Minimum age for sale or dispensing of fireworks--Violation as misdemeanor
Status: in_force

A person under the age of eighteen years may not be licensed under this chapter. A wholesaler or retailer may not employ or permit any person under the age of eighteen to sell, dispense, or offer for sale any fireworks enumerated in this chapter. A violation of this section is a Class 1 misdemeanor.

Source: SL 1971, ch 207, § 1; SL 2019, ch 154, § 3, eff. Mar. 20, 2019.
S.D. Codified Laws § 34-31-7 — SD Code / Title 34 / Chapter 31 / Section 34-31-7
Fire equipment fund created--Revenue
Status: in_force

There is created in the state treasury the fire equipment fund. All revenues collected from counties and volunteer fire departments pursuant to § 34-31-6 shall be deposited in the fund for the administration of the provisions of § 34-31-6 .

Source: SL 1984, ch 277, § 3.
S.D. Codified Laws § 34-25-52.5 — SD Code / Title 34 / Chapter 25 / Section 34-25-52.5
Construction of chapter--Disclosure of specified information on birth, marriage, or divorce certificates--Admissibility
Status: in_force

Nothing in this chapter may be construed to permit disclosure of information contained in the "Information for Medical and Health Use Only" section of the birth certificate or the "Information for Statistical Purposes Only" section of the certificate of marriage or certificate of divorce unless specifically authorized by the department for statistical or research purposes. Such data is not subject to subpoena or court order and is not admissible before any court, tribunal, or judicial body.

Source: SL 2005, ch 190, § 5.
S.D. Codified Laws § 34-21-6 — SD Code / Title 34 / Chapter 21 / Section 34-21-6
Training programs to qualify personnel--Participation in federal and interstate programs
Status: in_force

The agency may institute training programs for the purpose of qualifying personnel to carry out the provisions of this chapter, and may make personnel available for participation in any program or programs of the federal government, other states, or interstate agencies in furtherance of the purposes of this chapter.

Source: SDC Supp 1960, § 27.17A04 (11) as added by SL 1967, ch 107, § 2.
S.D. Codified Laws § 34-31A-30 — SD Code / Title 34 / Chapter 31A / Section 34-31A-30
Expenditure of payments by tax-exempt organizations
Status: in_force

Funds derived from payments pursuant to § 34-31A-28 shall be expended by the district for fire - fighting supplies and equipment and the training of fire department personnel.

Source: SL 1971, ch 208, § 15.
S.D. Codified Laws § 34-1-7.1 — SD Code / Title 34 / Chapter 1 / Section 34-1-7.1
State health officer's position abolished--Performance of functions
Status: in_force

The position of state health officer is abolished, and all its functions shall be administered by the secretary of health as provided by § 1-43-2 .

Source: SL 1974, ch 3, § 27.
S.D. Codified Laws § 34A-9-12.1 — SD Code / Title 34A / Chapter 9 / Section 34A-9-12.1
Establishment of environmental impact statement preparation fund--Source of fund--Administration--Appropriation and expenditures
Status: in_force

There is hereby established in the state treasury a special revolving fund to be designated as the environmental impact statement preparation fund. This fund shall consist of all moneys from all lawful public and private sources including legislative appropriations, federal grants, gifts, fees received pursuant to § 34A-9-4 , and interest on investments made on money in the fund. The fund shall be maintained separately for each environmental impact statement and be administered by the agency in order to retain consulting and professional services and to defray such other expenses as are reasonable and necessary in order to prepare the environmental impact statement. All fees assessed by the agency requiring the environmental impact statement under § 34A-9-4 shall be payable to the agency for deposit in the environmental impact statement preparation fund established pursuant to this section. Moneys may be deposited in the fund on an ongoing basis and this fund shall be expended for the purposes of chapter 34A-9 and shall be appropriated by the Legislature through the normal budget process.

Source: SL 1992, ch 254, § 78.
S.D. Codified Laws § 34-20-4 — SD Code / Title 34 / Chapter 20 / Section 34-20-4
Poison register for schedule A poisons--Contents of entries
Status: in_force

No person shall furnish any poison named in schedule A to any person unknown to him, unless identified by one known to the seller, and unless he shall record in a well - bound book known as a poison register in the following form:

Date of Sale

Name of Poison or Preparation

Quantity

Purpose

Signature of Buyer or Person to Whom Delivered

Address

By Whom Introduced

By Whom Sold

Source: SL 1893, ch 132, § 12; SL 1897, ch 103, § 2; RPolC 1903, § 280; RC 1919, § 7844; SL 1929, ch 124, § 1; SL 1935, ch 114, § 1; SDC 1939, § 22.1201.
S.D. Codified Laws § 34-32A-7 — SD Code / Title 34 / Chapter 32A / Section 34-32A-7
Immunity from liability of insurer or governmental agency releasing information
Status: in_force

Any insurance company, person acting in its behalf, or authorized agency who releases information, whether oral or written, pursuant to §§ 34-32A-2 to 34-32A-5 , inclusive, shall be immune from civil liability or criminal prosecution. "Immune," as used in this section, means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to §§ 34-32A-2 to 34-32A-8 , inclusive, if actual malice, bad faith or situations involving compounding on the part of the insurance company or authorized agency against the insured is not present.

Source: SL 1979, ch 240, §§ 1(5), 6.
S.D. Codified Laws § 34-44-23 — SD Code / Title 34 / Chapter 44 / Section 34-44-23
Training course materials and records to be made available--Access to training sessions
Status: in_force

Any person providing approved asbestos abatement training shall make available to the department for audit purposes, at no cost to the department, all course materials, records, and access to training sessions.

Source: SL 1988, ch 284, § 21.
S.D. Codified Laws § 34-12-68 — SD Code / Title 34 / Chapter 12 / Section 34-12-68
Visitation policies and procedures--Limitations and restrictions--Notice--Review
Status: in_force

An assisted living facility shall post on its website, if one exists, and in a conspicuous place within the facility, all policies and procedures pertaining to the visitation rights set forth in § 34-12-67 . The facility shall, prior to the signing of an occupancy contract with a resident and at least annually thereafter, provide electronic copies of the visitation policies and procedures to the resident and the resident's designated family members and shall provide printed copies upon request.

If in accordance with federal or state laws, or if in accordance with best clinical practices during a health emergency, the visitation policies and procedures must be limited or restricted, the facility shall inform each resident and designated family members and shall provide electronic or, if requested, printed notices regarding the limitations and restrictions, the reason and rationale for such, and the period of time that the limitations and restrictions are to remain in effect. The facility shall also post such information on its website, if one exists.

Any limitations and restrictions instituted in accordance with this section must be reviewed at least every thirty days. The facility shall provide notice of the review to residents and designated family members, encourage the submission of written and oral comments, and give due consideration to the submissions.

If after the required review the facility determines that the limitations or restrictions are to be continued, the facility shall post notice of the continuation on the facility's website, if one exists, and in a conspicuous place within the facility. The notice must include:

(1) The citation of the federal or state law being implemented; or

(2) A link to evidence-based research indicating that the continuation is clinically necessary for the health and safety of the residents.

A printed copy of the applicable laws or evidence-based research must be provided upon request.

Source: SL 2021, ch 142, § 2.
S.D. Codified Laws § 34-48A-38 — SD Code / Title 34 / Chapter 48A / Section 34-48A-38
Audit of project applications
Status: in_force

The auditor general shall conduct required audits of disaster project applications pursuant to the Federal Register, Volume 40, Number 103, part III, General Section.

Source: SL 1977, ch 271, § 41; SDCL § 33-15-25.2 .
S.D. Codified Laws § 34-11A-23 — SD Code / Title 34 / Chapter 11A / Section 34-11A-23
Tax exempt organizations--Assessment of property--Annual statement of payments
Status: in_force

Any club, lodge, chapter, charitable home, dormitory, state or county fair association, or like organization located within an ambulance district and outside the boundaries of any municipality, shall pay to the board of directors of the district annually for ambulance service such amount as may be agreed upon, but not less than twenty-five percent of the amount which would be levied against such property under the provisions of this chapter if such property were subject to such levy. For the purposes of this section, such property shall be assessed by the director of equalization of the county in which such property lies, or by his deputies.

The board of directors shall file an annual statement with the Department of Health showing the names of persons or organizations making payments and the amounts of payments made under this section.

Source: SL 1982, ch 259, §§ 24, 25; SL 2004, ch 17, § 208; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 33, eff. Apr. 20, 2015.
S.D. Codified Laws § 34A-10-6 — SD Code / Title 34A / Chapter 10 / Section 34A-10-6
Judicial review by court originally taking jurisdiction
Status: in_force

If judicial review of any administrative, licensing, or other proceeding is available, the court originally taking jurisdiction shall maintain jurisdiction for purposes of judicial review.

Source: SL 1973, ch 144, § 5 (4); SDCL Supp, § 21-10A-6; SL 2011, ch 165, § 143.
S.D. Codified Laws § 34-12-22 — SD Code / Title 34 / Chapter 12 / Section 34-12-22
Appeal from department
Status: in_force

Any person aggrieved by any decision or ruling of the said Department of Health may appeal under the provisions of chapter 1-26 .

Source: SL 1925, ch 220, § 5; SDC 1939, § 27.1205; SL 1945, ch 108, § 7; SL 1953, ch 123, § 7; SDC Supp 1960, § 27.1207; SL 1972, ch 15, § 4.
S.D. Codified Laws § 34-18-20 — SD Code / Title 34 / Chapter 18 / Section 34-18-20
Nonprofit organizations and alcoholic beverage licensees exempt--Health requirements applicable
Status: in_force

Nonprofit organizations shall be exempt from the licensing and license fee provisions of this chapter. Establishments serving alcoholic beverages as defined in chapter 35-1 and who do not otherwise come within the definition of a food service establishment, temporary food service establishment, or mobile food service establishment shall be exempt from the licensing and license fee provisions of this chapter. Such exemption from the licensing and license fee provisions does not release the owner of such establishments from compliance with the public health requirements of this chapter and the rules and regulations of the department.

Source: SL 1963, ch 158, § 12.
S.D. Codified Laws § 34A-6-1.29 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.29
Department may seek to enjoin threatened or actual violation--Bond unnecessary--Temporary relief available
Status: in_force

The department may bring an action without furnishing of bond, for an injunction against the continuation of any threatened or actual violation, or against any person who fails to comply with an emergency order issued by the secretary by virtue of § 34A-6-1.26 , or any final order of the secretary or board. The court to which the department applies for an injunction may issue a temporary injunction, if it finds that there is reasonable cause to believe that the allegations of the department are true, and it may issue a temporary restraining order pending action on the temporary injunction.

Source: SL 1989, ch 306, § 29.
S.D. Codified Laws § 34A-3-15 — SD Code / Title 34A / Chapter 3 / Section 34A-3-15
Examination and certification of applicants
Status: in_force

Each applicant shall be examined by the department. The examination shall consist of such questions and such phases of the practice as may be prescribed from time to time by the department.

If the applicant satisfactorily passes the examination required, and demonstrates possession of the necessary qualifications, the applicant shall be certified.

Source: SL 1970, ch 217, § 10; SDCL Supp, § 36-22A-14; SL 2011, ch 165, § 73.
S.D. Codified Laws § 34-23A-13 — SD Code / Title 34 / Chapter 23A / Section 34-23A-13
Medical facility not to discriminate for performance or refusal to perform abortion
Status: in_force

No physician, nurse, or other person who performs or refuses to perform or assist in the performance of an abortion shall, because of that performance or refusal, be dismissed, suspended, demoted, or otherwise prejudiced or damaged by a hospital or other medical facility with which he is affiliated or by which he is employed.

Source: SL 1973, ch 146, § 8.
S.D. Codified Laws § 34-12-15.5 — SD Code / Title 34 / Chapter 12 / Section 34-12-15.5
Surety bond required of nursing facilities handling large amounts of residents' funds--Amount of bond
Status: in_force

Each private nursing facility covered by §§ 34-12-15.1 to 34-12-15.10 , inclusive, which is handling or will handle money on a monthly basis of over fifty dollars per resident per month, or over five hundred dollars for all residents per month, shall file with the agency licensing the facility, a surety bond in the following amounts:

(1) If the amount to be handled is seven hundred fifty dollars per month or less the bond required shall be one thousand dollars;

(2) If the amount to be handled is seven hundred fifty - one dollars to one thousand five hundred dollars the bond required shall be two thousand dollars; and

(3) If the amount to be handled is one thousand five hundred one dollars to two thousand five hundred dollars the bond required shall be three thousand dollars.

Every further increment of one thousand dollars or fraction thereof shall require an additional one thousand dollars on the bond.

Source: SL 1977, ch 279, § 9.
S.D. Codified Laws § 34-25-46 — SD Code / Title 34 / Chapter 25 / Section 34-25-46
Signing, dating, and numbering of permits for disposition by local registrar
Status: in_force

The local registrar shall sign, date, and number consecutively the permits for disposition filed at the county office.

Source: SDC 1939, §§ 27.0206, 27.0217; SL 1941, ch 124, § 6; SL 1945, ch 103, § 2; SL 1945, ch 105; SL 1963, ch 149, § 1; SDCL, §§ 34-25-17 , 34-25-46 ; SL 1972, ch 194, § 38; SL 1974, ch 55, § 35; SL 1977, ch 285, § 3; SL 1999, ch 175, § 4; SL 2003, ch 186, § 11.
S.D. Codified Laws § 34-18-28 — SD Code / Title 34 / Chapter 18 / Section 34-18-28
Request for hearing on license suspension or revocation or closure order
Status: in_force

If the owner of any establishment or campground licensed under this chapter is aggrieved by action taken for suspension or revocation of his license or a closure order he may request a hearing which shall be had and appeal may be taken under the provisions of chapter 1-26 as a contested case. Such request for a hearing shall be a written notice to the secretary of health setting forth the reason or reasons for the grievance.

Source: SL 1963, ch 158, § 14; SL 1970, ch 199, § 16; SL 1972, ch 15, § 4.
S.D. Codified Laws § 34A-6-73 — SD Code / Title 34A / Chapter 6 / Section 34A-6-73
Responsible units of governments--Evaluation of capacity
Status: in_force

Each county and first class municipality shall be the responsible unit of government for preparing the solid waste evaluation required under § 34A-6-70 . The responsible unit shall evaluate capacity to meet the solid waste management needs of the unit for a period of at least fifteen years. Capacity shall be sufficient to meet the requirements of state law and all applicable requirements of the United States Environmental Protection Agency. The evaluation shall be submitted to the department on or before January 1, 1993, and shall provide details of a local recycling program which shall contain a methodology for meeting the state source reduction and recycling goal pursuant to § 34A-6-60 and a methodology for implementing a program of separation of wastes including yard waste, glass, plastic, paper, and metal.

Source: SL 1992, ch 254, § 36.
S.D. Codified Laws § 34-12-67 — SD Code / Title 34 / Chapter 12 / Section 34-12-67
Assisted living facility--Resident--Visitation rights
Status: in_force

Each resident of an assisted living facility has a right to receive visitors of the resident's own choosing, at the time of the resident's own choosing, provided the visitation does not impose upon the rights of another resident.

In addition to those persons granted access to a resident in accordance with their official capacities, a facility must provide access to any resident by:

(1) A member of the resident's immediate family and other relatives of the resident, subject to reasonable clinical and safety restrictions and the resident's right to deny or withdraw consent;

(2) Any other person visiting with the consent of the resident, subject to reasonable clinical and safety restrictions and the resident's right to deny or withdraw consent; and

(3) Any person providing health, social, legal, or other services to the resident, subject to reasonable clinical and safety restrictions and the resident's right to deny or withdraw consent.

Source: SL 2021, ch 142, § 1.
S.D. Codified Laws § 34-22-12.1 — SD Code / Title 34 / Chapter 22 / Section 34-22-12.1
Confidentiality of reports--Exceptions
Status: in_force

Any report required to be submitted pursuant to § 34-22-12 is strictly confidential medical information. No report may be released, shared with any agency or institution, or made public, upon subpoena, search warrant, discovery proceedings, or otherwise. No report is admissible as evidence in any action of any kind in any court or before any tribunal, board, agency, or person. However, the Department of Health may release medical or epidemiological information under any of the following circumstances:

(1) For statistical purposes in such a manner that no person can be identified;

(2) With the written consent of the person identified in the information released;

(3) To the extent necessary to enforce the provisions of this chapter and rules promulgated pursuant to this chapter concerning the prevention, treatment, control, and investigation of communicable diseases;

(4) To the extent necessary to protect the health or life of a named person;

(5) To the extent necessary to comply with a proper judicial order requiring release of human immunodeficiency virus test results and related information to a prosecutor for an investigation of a violation of § 22-18-31 ; and

(6) To the attorney general or an appropriate state's attorney if the secretary of the Department of Health has reasonable cause to suspect that a person violated § 22-18-31 .

Source: SL 1989, ch 296, § 1; SL 2003, ch 184, § 1.
S.D. Codified Laws § 34-20G-36 — SD Code / Title 34 / Chapter 20G / Section 34-20G-36
Notice--Denial or revocation
Status: in_force

The department shall give written notice to the qualifying patient of the reason for:

(1) Denying a registry identification card to the qualifying patient or to the qualifying patient's designated caregiver; or

(2) Revoking the registry identification card of the qualifying patient or the qualifying patient's designated caregiver.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 127, § 1.
S.D. Codified Laws § 34-5-12 — SD Code / Title 34 / Chapter 5 / Section 34-5-12
Unauthorized removal of distressed food as misdemeanor
Status: in_force

No person shall remove, salvage, destroy, or convert for personal use any distressed food at the site of a disaster without consent of the secretary. A violation of this section is a Class 1 misdemeanor.

Source: SL 1974, ch 241, § 4; SL 1977, ch 190, § 9.
S.D. Codified Laws § 34-23A-7 — SD Code / Title 34 / Chapter 23A / Section 34-23A-7
Forty-eight hour notice to parent or guardian for minor or incompetent female--Delivery of notice--Exceptions
Status: in_force

No abortion may be performed upon an unemancipated minor or upon a female for whom a guardian has been appointed because of a finding of incompetency, until at least forty-eight hours after written notice of the pending operation has been delivered in the manner specified in this section. The notice shall be addressed to the parent at the usual place of abode of the parent and delivered personally to the parent by the physician or an agent. In lieu of such delivery, notice may be made by certified mail addressed to the parent at the usual place of abode of the parent with return receipt requested and restricted delivery to the addressee, which means a postal employee can only deliver the mail to the authorized addressee. If notice is made by certified mail, the time of delivery shall be deemed to occur at twelve noon on the next day on which regular mail delivery takes place, subsequent to mailing.

No notice is required under this section if:

(1) The attending physician certifies in the pregnant unemancipated minor's medical record that, on the basis of the physician's good faith clinical judgment, a medical emergency exists and there is insufficient time to provide the required notice. Unless the unemancipated minor gives notice of her intent to seek a judicial waiver, a good faith effort shall be made by the attending physician or the physician's agent to verbally inform the parent within twenty-four hours after the performance of the emergency abortion, that an emergency abortion was performed on the unemancipated minor and shall also be sent a written notice, in the manner described in this section, of the performed emergency abortion. If the unemancipated minor, upon whom an emergency abortion was performed, elects not to allow the notification of her parent, any judge of a circuit court shall, upon petition, or motion, and after an appropriate hearing, authorize the waiving of the required notice of the performed abortion if the judge determines, by clear and convincing evidence that the unemancipated minor is mature and capable of determining whether notification should be given, or that the waiver would be in the unemancipated minor's best interest; or

(2) The person who is entitled to notice certifies in writing that the person has been notified. The certification is valid only if the signature has been notarized. If the person does not provide a notarized signature, the person shall be sent a written notice as described in this section. No abortion as described in this section may be performed until at least forty-eight hours after written notice of the pending operation has been delivered in the manner specified in this section; or

(3) A pregnant female elects not to allow the notification of her parent, in which case, any judge of a circuit court shall, upon petition, or motion, and after an appropriate hearing, authorize a physician to perform the abortion if the judge determines, by clear and convincing evidence, that the pregnant female is mature and capable of giving informed consent to the proposed abortion. If the judge determines that the pregnant female is not mature, or if she does not claim to be mature, the judge shall determine, by clear and convincing evidence, whether the performance of an abortion upon her without notification of her parent would be in her best interests and shall authorize a physician to perform the abortion without such notification if the judge concludes that her best interests would be served thereby.

Source: SL 1973, ch 146, § 6; SL 1993, ch 249, § 2; SL 1997, ch 204, § 2; SL 2005, ch 189, § 1.
S.D. Codified Laws § 34-12-15 — SD Code / Title 34 / Chapter 12 / Section 34-12-15
Inmate records and statistics required of institutions--Copy to patient and certain other persons on request--Reproduction cost--No liability for compliance--Section not applicable to chemical dependency treatment facilities
Status: in_force

All superintendents, or managers, or other persons in charge of hospitals, lying - in, or other institutions, public or private, to which persons resort for treatment of disease, confinement, or are committed by process of law, shall make and keep a record of all the personal and statistical particulars relative to the inmates, such record to be made at the time of their admittance and in such form of certificate as directed by the secretary of health. In case of persons admitted or committed for treatment of disease, the physician in charge shall specify for entry in such record the nature of the disease and where in the physician's opinion it was contracted. The personal particulars and information required by this section shall be obtained from the individual, if it is practicable to do so, and if not practicable, shall be obtained in as complete a manner as possible from relatives, friends, or other persons acquainted with the facts. Such record shall be open at all times to the inspection of the secretary of health or an accredited agent of the secretary.

A health care facility shall provide copies of all medical records, reports, and X rays pertinent to the health of the patient, if available, to a discharged patient or the patient's designee upon receipt by the health care facility of a written request or a legible copy of a written request signed by the patient. The health care facility may require before delivery that the patient pay the actual reproduction and mailing expense.

If a personal representative of a deceased patient has not been appointed, the following surviving family members, in the priority stated, have the right to copies of the patient's medical record to the same extent as the patient would have the right to copies of the medical record while alive:

(1) The spouse, if not legally separated at the time of the patient's death;

(2) An adult child;

(3) A parent;

(4) An adult sibling;

(5) A grandparent or an adult grandchild;

(6) An adult aunt or uncle, or an adult niece or nephew.

A health care facility, complying in good faith with the provisions of this section, may not be held liable for any injury or damage proximately resulting from compliance with this section. This section does not apply to chemical dependency treatment facilities.

Source: SDC 1939, § 27.0205; SL 1979, ch 236, § 1; SL 1981, ch 258, §§ 1, 2; SL 1989, ch 288; SL 1999, ch 171, § 1.
S.D. Codified Laws § 34-48A-46 — SD Code / Title 34 / Chapter 48A / Section 34-48A-46
Interstate mutual aid arrangements
Status: in_force

The director of each local organization for emergency management may, subject to the approval of the Governor, enter into mutual aid arrangements with emergency management agencies or organizations in other states for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted.

Source: SL 1949, ch 236, § 9; SL 1951, ch 285, § 9; SDC Supp 1960, § 41.01C08 (2); SL 1977, ch 271, § 23; SL 1992, ch 236, § 21; SDCL § 33-15-35 .
S.D. Codified Laws § 34-12-43 — SD Code / Title 34 / Chapter 12 / Section 34-12-43
Agreements--Exemptions--Insurance
Status: in_force

A continuing care retirement community and any agreement it enters into with its residents is not subject to any provision of Title 58 except as contained in this section. This section does not provide any exemption for the sale of long - term care or other insurance product to a continuing care retirement community. This section does not provide any exemption for the sale of long - term care or other insurance products by persons other than the continuing care retirement community to residents of the continuing care retirement community.

Source: SL 1998, ch 206, § 4.
S.D. Codified Laws § 34-23A-75 — SD Code / Title 34 / Chapter 23A / Section 34-23A-75
Legislative finding that Planned Parenthood facility in Sioux Falls does not comply with subsections34-23A-10.1(1)(b) and (e)(ii)
Status: in_force

The Legislature finds that the physicians, agents, and employees performing or assisting in the performance of abortions and pre-abortion counseling at the Planned Parenthood facility in Sioux Falls, South Dakota have been providing pre-abortion counseling that does not comply with the mandatory disclosures required by subsections 34-23A-10.1 (1)(b) and (e)(ii).

Source: SL 2018, ch 205, § 2.
S.D. Codified Laws § 34-20-1 — SD Code / Title 34 / Chapter 20 / Section 34-20-1
Label and warnings required for specified poisons--Contents of label
Status: in_force

No person shall vend, sell, give away, or furnish, either directly or indirectly, any poison named in schedules A or B as set forth in §§ 34-20-2 and 34-20-3 , unless the package, box, bottle, paper, or other container of such poison be labeled with the name of the active ingredients, the name and address of the person furnishing the same, and the word, poison, in red letters not less than one - fourth inch in height together with the skull and crossbones in like color and size and in addition thereto a caution to the user as to the dangerous properties of such poison; provided however, that whenever any such poison is sold in the original unbroken package the name and address of the seller need not be shown on the label.

Source: SL 1893, ch 132, § 12; SL 1897, ch 103, § 2; RPolC 1903, § 280; RC 1919, § 7844; SL 1929, ch 124, § 1; SL 1935, ch 114, § 1; SDC 1939, § 22.1201.
S.D. Codified Laws § 34-12-15.3 — SD Code / Title 34 / Chapter 12 / Section 34-12-15.3
Deposit in bank of residents' funds not kept at nursing facility--Public facility to deposit with state treasurer
Status: in_force

Residents' moneys in excess of fifty dollars shall be deposited in a local financial institution authorized to do business in South Dakota in an interest bearing demand trust account that is separate from any of the facility's operating accounts and credits all interest earned on such account to such account. However, a public agency which is subject to §§ 34-12-15.1 to 34-12-15.10 , inclusive, shall deposit such funds with the state treasurer in the appropriate trust and agency account for the facility.

Source: SL 1977, ch 279, § 5; SL 1991, ch 271, § 2.
S.D. Codified Laws § 34-14-18 — SD Code / Title 34 / Chapter 14 / Section 34-14-18
Use of cells or tissues obtained in violation of §34-14-16or34-14-17prohibited
Status: in_force

No person may use for research purposes cells or tissues that the person knows were obtained by performing the activities described in §§ 34-14-16 and 34-14-17 . A violation of this section is a Class 1 misdemeanor.

Source: SL 2000, ch 169, § 3.
S.D. Codified Laws § 34-45-8.6 — SD Code / Title 34 / Chapter 45 / Section 34-45-8.6
Distribution of revenue to compliant public agencies and to public safety 911 emergency fund and 911 coordination fund
Status: in_force

The Department of Revenue shall transfer the surcharges collected pursuant to §§ 34-45-4 and 34-45-4.2 to the Department of Public Safety. The Department of Public Safety shall remit each month seventy percent of the revenue collected from the 911 emergency surcharges imposed by § 34-45-4 to the public agency where the surcharges were collected. However, if the public safety answering point is not in compliance with the standards for operation and utilization of public safety answering points as determined by the board, the board shall notify the public agency receiving the revenue. If within ninety days the public safety answering point serving the public agency does not become compliant with the standards for operation or utilization or submit a plan to the board to be approved by the board, detailing how the public safety answering point will become compliant, the Department of Public Safety shall withhold the revenue from the public agency. If within one hundred eighty days of the notice given to the public agency, the public safety answering point does not become compliant or receive approval from the board of the plan to become compliant, the revenue collected within the public agency shall be deposited into the public safety 911 emergency fund created pursuant to § 34-45-8.7 . If within one hundred eighty days of the notice given to the public agency, the public safety answering point becomes compliant or receives approval from the board of a plan to become compliant, any revenue to the public agency withheld by the department shall be remitted to the public agency.

The secretary of the Department of Public Safety shall approve vouchers and the state auditor shall draw warrants to pay each public agency its share of the distribution. The Department of Public Safety shall deposit thirty percent of the revenue collected from the 911 emergency surcharges imposed by § 34-45-4 into the public safety 911 emergency fund created pursuant to § 34-45-8.7 . The Department of Public Safety shall deposit all of the revenue collected from the prepaid wireless service surcharge imposed by § 34-45-4.2 into the South Dakota 911 coordination fund created pursuant to § 34-45-12 .

Source: SL 2018, ch 208, § 2.
S.D. Codified Laws § 34-23A-34 — SD Code / Title 34 / Chapter 23A / Section 34-23A-34
Physician's reporting form--Contents
Status: in_force

The Department of Health shall prepare a reporting form for physicians which shall provide for the collection of the following information:

(1) The month, day, and year of the induced abortion;

(2) The method of abortion used for each induced abortion;

(3) The approximate gestational age, in weeks, of the unborn child involved in the abortion;

(4) The age of the mother at the time of the abortion and, if the mother was younger than sixteen years of age at the time the child was conceived, the age of the father, if known;

(5) The specific reason for the induced abortion, including the following:

(a) The pregnancy was a result of rape;

(b) The pregnancy was a result of incest;

(c) The mother could not afford the child;

(d) The mother did not desire to have the child;

(e) The mother's emotional health was at risk;

(f) The mother would suffer substantial and irreversible impairment of a major bodily function if the pregnancy continued;

(g) Other, which shall be specified;

(6) Whether the induced abortion was paid for by:

(a) Private insurance;

(b) Public health plan;

(c) Other, which shall be specified;

(7) Whether coverage was under:

(a) A-fee-for-service insurance company;

(b) A managed care company; or

(c) Other, which shall be specified;

(8) A description of the complications, if any, for each abortion and for the aftermath of each abortion;

(9) The fee collected for performing or treating the abortion;

(10) The type of anesthetic, if any, used for each induced abortion;

(11) The method used to dispose of fetal tissue and remains;

(12) The specialty area of the physician;

(13) Whether the physician performing the induced abortion has been subject to license revocation or suspension or other professional sanction;

(14) The number of previous abortions the mother has had;

(15) The number of previous live births of the mother, including both living and deceased;

(16) The date last normal menses began for the mother;

(17) The name of physician performing the induced abortion;

(18) The name of hospital or physician office where the induced abortion was performed;

(19) A unique patient number that can be used to link the report to medical report for inspection, clarification, and correction purposes but that cannot, of itself, reasonably lead to the identification of any person obtaining an abortion;

(20) Certain demographic information including:

(a) State, county, and city of occurrence of abortion;

(b) State, county, and city of residence of mother;

(c) Marital status of mother;

(d) Education status of mother;

(e) Race of mother;

(21) Certain Rhesus factor (Rh) information including:

(a) Whether the mother received the Rh test;

(b) Whether the mother tested positive for the Rh-negative factor;

(c) Whether the mother received a Rho(D) immune globulin injection;

(22) The sex of the unborn child and the following information:

(a) Whether the pregnant mother used a sex-determining test;

(b) What type of sex-determining test the pregnant mother used; and

(c) The approximate gestational age of the unborn child, in weeks, when the test was taken;

(23) The post-fertilization age of the unborn child and the following information:

(a) How the post-fertilization age was determined or if a determination was not made, the basis of the determination that an exception existed;

(b) Whether an intra-fetal injection was used in an attempt to induce fetal demise;

(c) If the unborn child was deemed capable of experiencing pain, pursuant to § 34-23A-70 , the basis of the determination that it is a medical emergency;

(d) If the unborn child was deemed capable of experiencing pain pursuant to § 34-23A-70 , whether the method of the abortion used was that, in reasonable medical judgment, provided the best opportunity for the unborn child to survive and, if such a method was not used, the basis of the determination that termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant mother or of the substantial and irreversible physical impairment of a major bodily function, not including a psychological or emotional condition, of the mother than other available methods;

(24) The following information concerning the performance of a medical abortion:

(a) Any complication that requires medical follow-up;

(b) The medical follow-up that was required resulting from any complication;

(c) The facility where the medical follow-up was performed; and

(d) If the pregnant mother was sex trafficked.

Source: SL 1998, ch 209, § 1; SL 2004, ch 234, § 1; SL 2014, ch 168, § 5; SL 2016, ch 180, § 7; SL 2022, ch 143, § 3.
S.D. Codified Laws § 34-23A-11 — SD Code / Title 34 / Chapter 23A / Section 34-23A-11
Counselor or social worker not liable for arranging abortion--Retaliation from employer prohibited
Status: in_force

No counselor, social worker, or anyone else who may be in such a position where the abortion question may appear as a part of their workday routine, shall be liable to any person for damages allegedly arising from advising or helping to arrange for or for refusal to arrange or encourage abortion, and there shall be no retaliation from any agency or institution with which such person may be affiliated or by which he may be employed.

Source: SL 1973, ch 146, § 9.
S.D. Codified Laws § 34-20C-10 — SD Code / Title 34 / Chapter 20C / Section 34-20C-10
Types of damages recoverable under §34-20C-8
Status: in_force

Any person entitled to bring an action under § 34-20C-8 may recover only the following damages:

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

(2) Attorneys' fees; and

(3) Disbursements.

Source: SL 1997, ch 203, § 11.
S.D. Codified Laws § 34A-6-59 — SD Code / Title 34A / Chapter 6 / Section 34A-6-59
Legislative findings
Status: in_force

The Legislature finds that the implementation of federal regulations under subtitle D of the Resource Conservation and Recovery Act, P.L. 94-580, as amended to January 1, 2011, will reduce the available landfill capacity in the state for the disposal of municipal solid waste. The Legislature further finds:

(1) That maximum solid waste source reduction, reuse, recycling, and composting are preferable to land disposal, are the most economically sound and environmentally safe methods of solid waste management and are in the best interest of the state in order to protect public health and the environment and to conserve resources, energy, and tax dollars; and

(2) That education, research, development, and innovation in the design, management, and operation of source reduction, reuse, recycling, and composting are essential in reducing operating costs and providing incentives for the use of these systems and operations and their products.

Source: SL 1992, ch 254, § 21; SL 2011, ch 165, § 123.
S.D. Codified Laws § 34A-16-26 — SD Code / Title 34A / Chapter 16 / Section 34A-16-26
Insurance
Status: in_force

The district may require any employee to obtain and file with it an individual bond or fidelity insurance policy. It may procure insurance in amounts it deems necessary to insure against liability of the district, the board of commissioners or employees, for personal injury or death and property damage or destruction, and against risks of damage to or destruction of any of its facilities, equipment or other property as it deems necessary, or the district board may determine to self - insure for some or all of such risks. The district may procure or arrange for the procurement of any form of insurance for the protection or benefit of its employees.

Source: SL 1993, ch 259, § 28.
S.D. Codified Laws § 34-26A-20.1 — SD Code / Title 34 / Chapter 26A / Section 34-26A-20.1
Recyclable materials
Status: in_force

A crematory that removes recyclable material from the cremation residue, in accordance with the authorization to cremate form, may deliver the material for recycling.

Source: SL 2023, ch 129, § 15.
S.D. Codified Laws § 34A-2-11 — SD Code / Title 34A / Chapter 2 / Section 34A-2-11
Water quality standards--Factors considered--Objectives--Violation
Status: in_force

The Water Management Board shall promulgate rules pursuant to chapter 1-26 to establish water quality standards and to classify water according to its beneficial uses. The board shall consider environmental, technical, social, and economic factors and present use, persons adversely affected, natural background waters in relationship to the contaminants and pollutants contained in the waters, existing degradation, and irretrievable man-induced conditions placed on those waters. The standards shall protect the public health and welfare and the use of the waters for public water supplies, propagation of fish and aquatic life and wildlife, recreational purposes, and agricultural, industrial, and other legitimate uses in accordance with the Federal Water Pollution Control Act as amended to January 1, 2011. A violation of standards promulgated pursuant to this section is subject to § 34A-2-75 .

Source: SDC Supp 1960, § 61.0145 as enacted by SL 1966, ch 260, § 1; SL 1967, ch 340; SDCL § 46-25-7; SL 1973, ch 280, § 4 (3); SDCL Supp, § 46-25-33; SL 1978, ch 260, § 2; SL 1986, ch 295, § 9; SL 1988, ch 285, § 1A; SL 1992, ch 158, § 16B; SL 1993, ch 256, § 9; SL 2011, ch 165, § 36.
S.D. Codified Laws § 34-8-23 — SD Code / Title 34 / Chapter 8 / Section 34-8-23
County wards in other hospitals--Appropriation
Status: in_force

The board of county commissioners of any county in which no county hospital has been established may establish one or more wards in any public or private hospital situated in the county, or any adjoining county for the use of the county under such regulations as may be agreed upon. For such purpose the board shall appropriate the necessary money from the general fund.

Source: SL 1929, ch 210, § 16; SDC 1939, § 27.1908; SL 1985, ch 77, § 21.
S.D. Codified Laws § 34-22-43 — SD Code / Title 34 / Chapter 22 / Section 34-22-43
Department primarily responsible for public health emergency response--Scope of authority--Promulgation of rules
Status: in_force

The department shall have primary jurisdiction, responsibility, and authority for responding to a public health emergency declared pursuant to § 34-22-42 including:

(1) Planning and executing public health emergency assessment, mitigation, preparedness, and response;

(2) Coordinating public health emergency response between state and local authorities;

(3) Collaborating with relevant federal, state, tribal, and local authorities; and

(4) Organizing public information activities regarding public health emergency response operations.

The Department of Health may promulgate rules, pursuant to chapter 1-26 , to implement the provisions of this section.

Source: SL 2002, ch 168, § 3.
S.D. Codified Laws § 34-45-30 — SD Code / Title 34 / Chapter 45 / Section 34-45-30
Responsibilities of the commission
Status: in_force

The commission may:

(1) Consult and cooperate with counties, municipalities, agencies of this state, other governmental agencies, and other institutions concerning the development of 911 telecommunicator training;

(2) Make or encourage studies of any aspect of 911 telecommunicator administration;

(3) Conduct and stimulate research by public and private agencies which shall be designed to improve 911 telecommunicator training and administration;

(4) Make recommendations concerning any matter within its purview pursuant to §§ 34-45-22 to 34-45-32 , inclusive;

(5) Make such evaluations as may be necessary to determine if governmental units are complying with the provisions of §§ 34-45-22 to 34-45-32 , inclusive;

(6) Enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to §§ 34-45-22 to 34-45-32 , inclusive.

Source: SL 1998, ch 142, § 9.
S.D. Codified Laws § 34-9-9 — SD Code / Title 34 / Chapter 9 / Section 34-9-9
Transfer of surplus municipal funds to private hospitals authorized
Status: in_force

Authority is hereby granted to municipalities to transfer surplus funds accumulated through special municipal revenue producing enterprises to private hospital corporations towards the cost of construction of any hospital to be constructed or now under construction or towards the retirement of any indebtedness incurred in the construction of a hospital in such municipality; provided such transfer of funds shall be made through a majority vote of the governing body of the municipality and accepted by a majority vote of the directors of such hospital corporation.

Source: SL 1949, ch 200, § 1; SL 1953, ch 259; SDC Supp 1960, § 45.1437.
S.D. Codified Laws § 34-18-2 — SD Code / Title 34 / Chapter 18 / Section 34-18-2
Secretary responsible for safety and sanitation requirements--Bond not required--Additional compensation not provided
Status: in_force

The secretary of health shall be responsible for carrying out the provisions of this chapter and all other statutes relating to the safety and sanitation of lodging establishments, campgrounds, food service establishments, temporary food service establishments, and mobile food service establishments as defined in this chapter. The secretary shall not be required to give bond, nor shall he receive any additional compensation for such services.

Source: SL 1907, ch 165, §§ 8 to 10; SL 1909, ch 185, §§ 7, 9, 10; SL 1913, ch 238, §§ 1, 7; SL 1915, ch 215, §§ 1, 7; RC 1919, §§ 7821, 7827; SL 1921, ch 256, § 5; SL 1935, ch 173, § 4; SDC 1939, §§ 27.1701, 27.1708; SL 1963, ch 158, § 1; SL 1970, ch 199, § 2.
S.D. Codified Laws § 34-21-4.1 — SD Code / Title 34 / Chapter 21 / Section 34-21-4.1
Transfer of enforcement of radiation safety control activities, measures pertaining to X ray producing devices and sources of ionizing radiation used for diagnostic or therapeutic purposes in the practice of all healing arts to secretary of Department of Health
Status: in_force

The authority and function of the Department of Water and Natural Resources and the Board of Minerals and Environment as it related to the enforcement of radiation safety control activities and measures pertaining to X ray producing devices and sources of ionizing radiation used for diagnostic or therapeutic purposes in the practice of medicine, chiropractic, podiatry, dentistry, veterinary, and all the healing arts are transferred to the secretary of the Department of Health. The secretary of health shall perform and carry out all the functions and duties relative to the enforcement of radiation safety control activities and measures pertaining to X ray producing devices and sources of ionizing radiation used for diagnostic or therapeutic purposes in the practice of medicine, chiropractic, podiatry, dentistry, veterinary, and all the healing arts including, but not limited to, the authority for requiring the taking out of licenses for devices and sources and the authority to adopt, promulgate and enforce rules as may be necessary to implement or effectuate the powers and duties of the department.

Source: SL 1987, ch 393 (Ex. Ord. 87-4), § 18.
S.D. Codified Laws § 34-23A-83 — SD Code / Title 34 / Chapter 23A / Section 34-23A-83
Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement
Status: in_force

The Legislature finds that the physicians, agents, and employees performing or assisting in the performance of abortions at the Planned Parenthood facility in Sioux Falls, South Dakota provide written disclosures to pregnant mothers considering an abortion that include the statement:

"Politicians in the State of South Dakota require us to tell you that you are legally and constitutionally protected against being forced to have an abortion."

Source: SL 2018, ch 205, § 10.
S.D. Codified Laws § 34A-6-101 — SD Code / Title 34A / Chapter 6 / Section 34A-6-101
Court-imposed monetary penalties
Status: in_force

If a person is convicted of a crime under the provisions of §§ 34A-6-93 to 34A-6-102 , inclusive, the sentence of the court, in addition to the penalties provided in §§ 22-6-1 and 22-6-2 , may include the following:

(1) Payment of the cost of restoring to its original state the area where infectious waste was released unlawfully in violation of the provisions of this chapter;

(2) A sentence to pay a fine in an amount fixed by the court, not exceeding the higher of:

(a) One hundred fifty thousand dollars for a Class 4 felony;

(b) One hundred thousand dollars for a Class 5 felony;

(c) Fifty thousand dollars for a Class 6 felony;

(d) Fifteen thousand dollars for a Class 1 misdemeanor; or

(e) Double the amount of the defendant's gain from the commission of the crime.

Source: SL 1992, ch 259, § 9.
S.D. Codified Laws § 34A-3-7 — SD Code / Title 34A / Chapter 3 / Section 34A-3-7
Terms of office of appointive members of board
Status: in_force

The appointed members' terms of office on the board shall be three years and until their successors are selected and qualified.

Source: SL 1970, ch 217, § 6; SDCL Supp, § 36-22A-6.
S.D. Codified Laws § 34A-6-102 — SD Code / Title 34A / Chapter 6 / Section 34A-6-102
Disposition of fines
Status: in_force

All fines and penalties collected pursuant to §§ 34A-6-93 to 34A-6-102 , inclusive, shall be deposited in the regulated substance response fund established in § 34A-12-3 .

Source: SL 1992, ch 259, § 10.
S.D. Codified Laws § 34-48A-5 — SD Code / Title 34 / Chapter 48A / Section 34-48A-5
Authority of Governor in time of disaster, terrorist attack, or emergency
Status: in_force

In the event of disaster, war, act of terrorism as defined in state law, or emergency that is beyond local government capability, the Governor:

(1) May assume direct operational control over all or any part of the emergency management functions within the state which may affect all or any portion of the state;

(2) May declare an emergency or disaster to exist in the stricken area and employ emergency management to assist local authorities to affect relief and restoration;

(3) May call upon and use any facilities, equipment, other nonmedical supplies, and resources available from any source, other than personal or private funds, in order to carry out the purposes of this chapter by contributing to the expense incurred in providing relief in such amounts as the Governor shall determine. However, nothing in this subdivision may be construed to authorize the taking of firearms, as defined in subdivision 22-1-2 (16), without the consent of the owner;

(4) May suspend the provisions of any rules of any state agency, if strict compliance with the provisions of the rule would in any way prevent, hinder, or delay necessary action in managing a disaster, war, act of terrorism, or emergency, including fire, flood, earthquake, severe high and low temperatures, tornado storm, wave action, oil spill, or other water or air contamination, epidemic, blight, drought, infestation, explosion, riot, or hostile military or paramilitary action, which is determined by the Governor to require state or state and federal assistance or actions to supplement the recovery efforts of local governments in alleviating the damage, loss, hardship, or suffering caused thereby;

(5) May control the ingress and egress in a designated disaster or emergency area, the movement of vehicles upon highways within the area, the movement of persons within the area, and the occupancy of premises within the area;

(6) May procure, acquire, store, distribute, and dispense any pharmaceutical agents or medical supplies located within the state as may be reasonable and necessary to respond to the disaster, emergency, or act of terrorism;

(7) May appoint and prescribe the duties of such out-of-state health care providers as may be reasonable and necessary to respond to the disaster, emergency, or act of terrorism;

(8) May provide for the examination and safe disposal of any dead body as may be reasonable and necessary to respond to the disaster, emergency, or act of terrorism; and

(9) May provide for the protection, construction or reconstruction, repair, and maintenance of public or private transportation facilities.

The powers granted to the Governor under this section shall remain in effect for a period of six months and may be restored for one or more successive six-month periods by declaration of the Governor that the conditions permitting such powers persist.

Source: SL 1949, ch 236, § 6; SL 1951, ch 285, § 6; SL 1955, ch 236, § 3; SDC Supp 1960, § 41.01C05 (1); SL 1977, ch 271, § 4; SL 1989, ch 283, § 1; SL 2002, ch 162, §§ 1, 2; SL 2004, ch 223, § 1; SDCL § 33-15-8; SL 2020, ch 149, § 1, eff. Mar. 31, 2020; SL 2020, ch 149, § 3, eff. July 1, 2021.
S.D. Codified Laws § 34-24-22 — SD Code / Title 34 / Chapter 24 / Section 34-24-22
Testing for other metabolic, inherited, or genetic disorders
Status: in_force

If tests for detecting a metabolic, inherited, or genetic disorder other than phenylketonuria, hypothyroidism, and galactosemia are perfected, the Department of Health may require that tests for the syndrome or syndromes be made and reported to the department.

Source: SL 1973, ch 233, § 5; SL 1982, ch 264, § 6; SL 1991, ch 277, § 5; SL 2015, ch 185, § 3.
S.D. Codified Laws § 34-20B-42 — SD Code / Title 34 / Chapter 20B / Section 34-20B-42
Unauthorized manufacture or distribution by registrant prohibited--Civil fine--Knowing violation as felony
Status: in_force

No person who is a registrant shall manufacture, distribute, or dispense a controlled drug or substance not authorized by his registration to another registrant or other authorized person. A violation of this section may be punished by a civil fine of not more than ten thousand dollars. In addition, if the violation was done knowingly, it is a Class 5 felony.

Source: SL 1970, ch 229, § 10 (d) (2); SDCL Supp, § 39-17-98; SL 1977, ch 190, § 397.
S.D. Codified Laws § 34A-6-53 — SD Code / Title 34A / Chapter 6 / Section 34A-6-53
Legislative approval required for large-scale solid waste facilities--Requirements--Exception
Status: in_force

No large-scale solid waste facility may be sited, constructed, or operated in this state unless the Legislature enacts a bill approving the siting, construction, or operation of the facility pursuant to a solid waste permit or permit renewals, issued by the Board of Minerals and Environment. The Legislature must find that the facility is environmentally safe and in the public interest. The requirements of this section do not apply to the land application for irrigation purposes of solid waste generated from a livestock processing facility if the application is done in accordance with a solid waste permit or permit renewal issued by the board.

Source: SL 1991, ch 453 (I.M. 1); SL 2008, ch 177, § 1.
S.D. Codified Laws § 34-38-27 — SD Code / Title 34 / Chapter 38 / Section 34-38-27
Aboveground storage tank to be listed for such use--Underground tanks not to be installed aboveground--Failure to comply as misdemeanor
Status: in_force

Any tank used for aboveground storage shall be listed for aboveground use. No backfill is permitted. No tank designed and built for underground use may be installed for aboveground use. A violation of this section is a Class 2 misdemeanor.

Source: SL 1991, ch 269, § 5.
S.D. Codified Laws § 34-20H-1 — SD Code / Title 34 / Chapter 20H / Section 34-20H-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Medical supply," any product necessary to administer a prescription drug; and

(2) "Participating pharmacy," a pharmacy that:

(a) Is licensed pursuant to chapter 36-11 ; and

(b) Has provided written notice to the State Board of Pharmacy regarding its intent to accept donated prescription drugs and medical supplies, in accordance with §§ 34-20H-2 to 34-20H-6 , inclusive.

Source: SL 2022, ch 137, § 1.
S.D. Codified Laws § 34-12-35.8 — SD Code / Title 34 / Chapter 12 / Section 34-12-35.8
Proposals to address identified need for additional nursing facility beds or new nursing facilities--Promulgation of rules
Status: in_force

If a need for additional nursing facility beds or additional new nursing facilities or both in a defined area is identified by the Department of Health in accordance with § 34-12-35.7 , the department shall solicit and evaluate proposals to address the identified need. In doing so the department shall utilize the process and criteria established in §§ 5-18D-17 to 5-18D-20 , inclusive. Additionally, the Department of Health may promulgate rules pursuant to chapter 1-26 to establish additional criteria specific to the identified need. The rules may include criteria pertaining to:

(1) Minimum nursing facility occupancy rates;

(2) Unique characteristics of the area and population to be served;

(3) Proposal viability, including financial business plan information and payor source information;

(4) Local community support for the proposed project;

(5) Benchmarks for quality assurance;

(6) Additional services to be provided; and

(7) Ability to meet workforce needs.

Source: SL 2012, ch 178, § 3.
S.D. Codified Laws § 34A-5-7 — SD Code / Title 34A / Chapter 5 / Section 34A-5-7
Commissioners' order to incorporate district upon assent of electors--Name of district
Status: in_force

If the board of county commissioners is satisfied that the requirements of this chapter have been fully complied with, the board shall issue an order declaring that the territory shall, with the assent of the electors as specified in § 6-16-2 , in an election as provided in §§ 6-16-4 to 6-16-6 , inclusive, be an incorporated sanitary district by the name specified in the application. The name shall be different from that of any other sanitary district in this state.

Source: SL 1947, ch 226, § 6; SDC Supp 1960, § 45.3806; SL 1964, ch 144, § 4; SDCL § 34-17-7; SL 1998, ch 36, § 42; SL 2011, ch 165, § 87.
S.D. Codified Laws § 34A-2-50 — SD Code / Title 34A / Chapter 2 / Section 34A-2-50
Notice of denial, revocation, suspension, or modification of permit--Hearing--Decision by secretary
Status: in_force

If the secretary recommends denial of an application for a permit, or revokes, suspends, or modifies a permit, the secretary shall give written notice of the action to the applicant or holder, who may request a hearing before the secretary. The hearing shall be held within thirty days after receipt of written request. The secretary may affirm, modify, or reverse the secretary's initial decision based upon the evidence presented at the hearing.

Source: SL 1973, ch 280, § 9 (6); SDCL Supp, § 46-25-66; SL 1988, ch 285, § 16; SL 2011, ch 165, § 48.
S.D. Codified Laws § 34-29A-43 — SD Code / Title 34 / Chapter 29A / Section 34-29A-43
Suspension of certificate for unsafe or noncomplying boiler--Duration of suspension
Status: in_force

The Department of Public Safety or its authorized representative may at any time suspend an operation certificate when, in its opinion, the boiler for which it was issued, cannot be operated without menace to the public safety, or when the boiler is found not to comply with the rules and regulations herein provided. Each suspension of an operation certificate shall continue in effect until such boiler is made to conform to the rules and regulations of the Department of Public Safety, and until the operation certificate is reinstated.

Source: SL 1973, ch 229, § 15; SL 1982, ch 18, § 65; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-20G-78 — SD Code / Title 34 / Chapter 20G / Section 34-20G-78
Certain conduct of practitioner--Misdemeanor
Status: in_force

A practitioner is guilty of a Class 2 misdemeanor if the practitioner:

(1) Knowingly refers a patient to a medical cannabis establishment or to a designated caregiver in exchange for financial consideration;

(2) Advertises in a medical cannabis establishment;

(3) Issues written certifications while holding a financial interest in a medical cannabis establishment;

(4) Offers a discount, deal, or other financial incentive for making an appointment with the practitioner for the purpose of receiving a written certification;

(5) Conducts the medical assessment required for a bona fide practitioner-patient relationship in a space licensed for the sale of alcoholic beverages; or

(6) Charges a patient based on the term of a written certification issued to the patient.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2023, ch 123, § 1.
S.D. Codified Laws § 34-9-4 — SD Code / Title 34 / Chapter 9 / Section 34-9-4
Counties permitted to assist municipal hospitals
Status: in_force

The provisions of § 34-9-5 shall apply to all counties.

Source: SL 1947, ch 222, § 3; SDC Supp 1960, § 27.19A01; SL 1971, ch 201, § 1; SL 1971, ch 202, § 1.
S.D. Codified Laws § 34-12-15.6 — SD Code / Title 34 / Chapter 12 / Section 34-12-15.6
Records required on residents' funds--Form--Receipts kept
Status: in_force

Every nursing facility or other facility covered by the provisions of §§ 34-12-15.1 to 34-12-15.10 , inclusive, shall, in addition to the requirements of § 34-12-15.2 , maintain adequate safeguards and accurate records of residents' moneys and funds which are entrusted to their care. These safeguards and records shall include:

(1) Records of residents' moneys which are maintained in an interest bearing demand trust account shall include a control account for all the receipts and expenditures, an account for each resident and supporting vouchers filed in chronological order. Each account shall be kept current with columns for debits, credits, and balance; and

(2) Records of residents' moneys and funds entrusted to the home or facility for safekeeping shall include a copy of the receipt furnished to the resident or to the person or agency responsible for the resident.

Source: SL 1977, ch 279, § 3; SL 1991, ch 271, § 4.
S.D. Codified Laws § 34-5-15 — SD Code / Title 34 / Chapter 5 / Section 34-5-15
Rules and regulations--Hold orders or condemnation--Misdemeanor
Status: in_force

The Department of Health may promulgate and the secretary of health shall enforce rules and regulations, under the provisions of chapter 1-26 , governing the control, movement, sorting, embargo, buying, selling, storage, and salvage of distressed food. The department may use hold orders or condemnation if adulteration is present. A violation of those rules is a Class 1 misdemeanor.

Source: SL 1974, ch 241, §§ 2, 7; SDCL Supp, § 34-5-16 ; SL 1977, ch 190, § 10; SL 1980, ch 238, § 4.
S.D. Codified Laws § 34-29A-53 — SD Code / Title 34 / Chapter 29A / Section 34-29A-53
Municipal ordinances not to be less restrictive--Conflicting ordinances void
Status: in_force

No municipality or other governmental subdivision may make any laws, ordinances, or resolutions providing for the construction, installation, inspection, operation, maintenance, and repair of boilers within the limits of such municipality or governmental subdivision which are less restrictive than this chapter. Any such laws, ordinances, or resolutions, whenever made or passed, are void.

Source: SL 1973, ch 229, § 21; SL 1982, ch 18, § 73; SL 1992, ch 60, § 2.
S.D. Codified Laws § 34A-15-6.1 — SD Code / Title 34A / Chapter 15 / Section 34A-15-6.1
State brownfields revitalization and economic development program--Liability for costs of a response action or remediation--Limitation
Status: in_force

Notwithstanding the provisions of § 34A-15-6 , a lender - owner is not liable for environmental, response, cleanup, or remediation costs at a brownfields site approved by the Department of Agriculture and Natural Resources for participation in the state brownfields revitalization and economic development program unless:

(1) The lender - owner, its employees, or agents directly cause an immediate release or directly exacerbate a release of the regulated substances on or from the property or directly violate any environmental statute or regulation; or

(2) The lender - owner, its employees, or agents knowingly and willfully compelled the borrower to:

(a) Perform an action that caused an immediate release of regulated substances in excess of reportable quantities; or

(b) Violate any environmental statute or regulation.

Liability pursuant to this section is limited to the cost for a response action or remediation that is directly attributable to the lender - owner's activities set forth in subdivisions (1) and (2) of this section. Liability arises only if the lender - owner's actions were the proximate cause of the release or violation. Ownership or control of the property pursuant to a security interest during or after foreclosure does not by itself result in liability. No lender - owner is liable for any response action or remediation if the response action or remediation arises solely from a release of regulated substances in excess of reportable quantities that occurred before or commences before and continues after foreclosure. However, the lender - owner is responsible for the portion of the response action or remediation that is directly attributable to the lender - owner's aggravation of a release. A release of regulated substances in excess of reportable quantities discovered in the course of conducting environmental due diligence is presumed to be a prior or continuing release on the property.

Source: SL 2004, ch 228, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-6-39 — SD Code / Title 34A / Chapter 6 / Section 34A-6-39
Appropriations for long-term contracts
Status: in_force

If the term of any contract entered into pursuant to § 34A-6-26 or 34A-6-38 extends for more than one year, an appropriation need not have been previously made concerning such expense except sufficient to cover the amount payable or estimated to become payable under such contract for the first year thereof. The governing body shall annually thereafter appropriate sufficient money to cover the amount payable or estimated to become payable under such contract during the ensuing fiscal year.

Source: SL 1977, ch 280, § 31.
S.D. Codified Laws § 34-12-42 — SD Code / Title 34 / Chapter 12 / Section 34-12-42
Continuing care retirement community defined
Status: in_force

For the purposes of §§ 34-12-40 to 34-12-47 , inclusive, a continuing care retirement community is a facility that offers any person, under a continuing agreement, board and lodging, in addition to care in a nursing facility or assisted living center, regardless of whether the lodging and care is provided at the same location.

Source: SL 1998, ch 206, § 3.
S.D. Codified Laws § 34-51-6 — SD Code / Title 34 / Chapter 51 / Section 34-51-6
Reimbursement from decedent's estate prohibited
Status: in_force

If a patient dies while receiving a general or individualized investigative treatment, the manufacturer or eligible facility may not seek reimbursement for any outstanding debt related to the treatment or lack of insurance due to the treatment from the patient's or caretaker's estate.

Source: SL 2015, ch 188, § 6; SL 2025, ch 144, § 4.
S.D. Codified Laws § 34A-15-7 — SD Code / Title 34A / Chapter 15 / Section 34A-15-7
Effective date
Status: in_force

This chapter applies to civil actions filed on or after July 1, 1992.

Source: SL 1992, ch 261, § 7.
S.D. Codified Laws § 34A-2-113 — SD Code / Title 34A / Chapter 2 / Section 34A-2-113
Procedure for issuance, suspension, revocation and renewal of permits--Hearing--Uncontested recommendation
Status: in_force

The board, by rules adopted in compliance with chapter 1-26 , shall provide for the issuance, suspension, revocation and renewal of any permits required under this chapter. Procedures shall provide for a recommendation on such permit by the secretary with an opportunity for a contested case hearing upon protest by the applicant or any person. If the recommendation of the secretary is not contested, that recommendation shall become a final determination on the application. If an uncontested recommendation is for approval or conditional approval of the application, the permit shall be issued by the secretary consistent with his recommendation.

Source: SL 1991, ch 288, § 10; SL 1993, ch 257, § 11.
S.D. Codified Laws § 34-23B-6 — SD Code / Title 34 / Chapter 23B / Section 34-23B-6
Referral to alcohol or drug program--Immunity from liability
Status: in_force

Any physician, physician's assistant, nurse, certified nurse practitioner, certified nurse midwife, counselor, social worker, licensed or registered child welfare provider, employee or volunteer of a domestic abuse center, chemical dependency counselor, or safety sensitive position as defined in § 3-6C-1 who provides services to a pregnant woman may make a referral to a prevention or treatment program accredited pursuant to chapter 34-20A if the provider has information that a pregnant woman is engaging in the abusive use of alcohol or use of any controlled drug or substance not lawfully prescribed by a practitioner as authorized by chapter 22-42 or 34-20B . Any such provider, who, in good faith, makes a referral to a prevention or treatment program accredited pursuant to chapter 34-20A of a pregnant woman engaging in abusive use of alcohol, abusive use of a lawfully prescribed controlled substance, or use of any controlled drug or substance not lawfully prescribed by a practitioner as authorized by chapter 22-42 or 34-20B , is immune from any liability, civil or criminal, that might otherwise be incurred or imposed, and has the same immunity with respect to participation in any judicial proceeding resulting from the referral. This immunity also extends to any public official who in good faith is involved in the investigation of such conduct or to any person described in this section who in good faith cooperates with any public official in an investigation. Any referral pursuant to this section is permissive and nothing in this section requires the making of any referral.

Source: SL 2006, ch 183, § 1; SL 2017, ch 171, § 50; SL 2021, ch 116, § 2.
S.D. Codified Laws § 34A-6-38 — SD Code / Title 34A / Chapter 6 / Section 34A-6-38
Municipal acquisition of property--Maximum duration of contract--Shares of parties to regional or county solid waste authority
Status: in_force

Municipalities are authorized to acquire by gift, devise, lease, purchase, or eminent domain real or personal property necessary to the installation and operation of a solid waste management system either individually or as a party to a regional or county solid waste authority. A contract for the purchase or lease of such property by a municipality may be for a term not to exceed twenty years. If contracted as a party to a regional or county solid waste authority, each member's share shall be fixed at the time of purchase with provisions for a division of proceeds upon termination of the region or the withdrawal from regional participation.

Source: SL 1972, ch 198, § 10; SDCL, § 34-16B-25; SL 1977, ch 280, § 30.
S.D. Codified Laws § 34-44-13 — SD Code / Title 34 / Chapter 44 / Section 34-44-13
Worker to hold certificate--Violation as misdemeanor--Civil penalty
Status: in_force

No worker may work on an asbestos abatement project unless the person holds a certificate issued by the department. A violation of this section is a Class 1 misdemeanor. Any person who violates this section is also subject to a civil penalty not to exceed one thousand dollars per day of violation.

Source: SL 1988, ch 284, § 11.
S.D. Codified Laws § 34-16-18 — SD Code / Title 34 / Chapter 16 / Section 34-16-18
Remedies against nuisances and interference with private rights unimpaired
Status: in_force

Nothing contained in this chapter shall be so construed as to affect the powers of the courts to administer the usual legal and equitable remedies in case of nuisances or of improper interference with private rights.

Source: SL 1913, ch 109, § 7; RC 1919, § 7670; SDC 1939, § 27.0108.
S.D. Codified Laws § 34A-9-5 — SD Code / Title 34A / Chapter 9 / Section 34A-9-5
Draft impact statement--Contents
Status: in_force

As early as possible in the formulation of a proposal for action that is likely to require the preparation of an environmental impact statement, the responsible agency may prepare or may have prepared a draft environmental statement describing in detail the proposed action and reasonable alternatives to the action, and briefly discussing, on the basis of information then available to the agency, the remaining items set forth in § 34A-9-7 .

Source: SL 1974, ch 245, § 3; SDCL Supp, § 11-1A-5; SL 1981, ch 269, § 3.
S.D. Codified Laws § 34A-3A-28 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-28
Administrative penalty for violation of chapter
Status: in_force

Any violation of this chapter and the rules promulgated thereunder is subject to the administrative penalty provisions of §§ 34A-3A-26 and 34A-3A-27 and enforcement under § 34A-3A-15 .

Source: SL 1999, ch 181, § 4.
S.D. Codified Laws § 34A-3A-17 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-17
Prevention of pollution of water supply systems--Development of voluntary wellhead protection program--Specifications
Status: in_force

The department shall develop procedures necessary to safeguard public health and welfare and prevent pollution of public water supply systems. The department shall develop a voluntary wellhead protection program which will specify the following:

(1) Guidelines for a wellhead protection program to protect the public water supplies from new and existing facilities which may be potential or actual pollution sources, including, but not limited to, the design of new facilities and modification of existing facilities, the department approval or denial under existing authority of plans and specifications for new facilities or modifications to existing facilities, the construction and the installation of release detection and containment systems, siting criteria for new facilities, operation and maintenance criteria, contingency plans for pollutant release containment and cleanup, technical assistance, and education and training;

(2) Guidelines specifying the duties of the department and local governments in developing and implementing the wellhead protection program;

(3) Guidelines for determining the extent of wellhead protection areas. Factors for consideration may include, but are not limited to, the cone of depression, the area of influence, the area of contribution and the recharge area;

(4) Guidelines for determining all potential and actual pollution sources which may have an adverse effect on public health;

(5) Guidelines for taking into consideration potential sources of pollution when siting new wells for public water supplies; and

(6) Guidelines for developing contingency plans for pollution release containment, cleanup and the provision of alternative drinking water supplies for each public water system in the event of well or wellfield pollution.

Source: SL 1989, ch 306, § 42.
S.D. Codified Laws § 34-23A-79 — SD Code / Title 34 / Chapter 23A / Section 34-23A-79
Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement
Status: in_force

The Legislature finds that the physicians, agents, and employees performing or assisting in the performance of abortions at the Planned Parenthood facility in Sioux Falls, South Dakota provide pregnant mothers written disclosures that include the statement:

"Politicians in the State of South Dakota require us to tell you that, as a matter of biology, the abortion will end a developing, living organism (an "embryo" or a "fetus") of the human species ("Homo sapiens") that has a complete, separate genetic makeup that is unique to that embryo or fetus."

Source: SL 2018, ch 205, § 6.
S.D. Codified Laws § 34-18-24 — SD Code / Title 34 / Chapter 18 / Section 34-18-24
Departmental inspections of lodging establishments and campgrounds
Status: in_force

The secretary of health shall at least annually inspect or cause to be inspected every lodging establishment and campground licensed in this state for compliance with the provisions of this chapter and the rules promulgated thereunder.

Source: SL 1907, ch 165, § 10; SL 1909, ch 185, § 10; SL 1913, ch 238, § 7; SL 1915, ch 215, § 7; RC 1919, § 7827; SL 1921, ch 256, § 5; SL 1935, ch 173, § 4; SDC 1939, § 27.1708; SL 1955, ch 94, § 4; SL 1963, ch 158, § 3; SL 1970, ch 199, § 13; SL 1982, ch 261, § 1; SL 1986, ch 281, § 2.
S.D. Codified Laws § 34-3A-1 — SD Code / Title 34 / Chapter 3A / Section 34-3A-1
Special revenue funds authorized
Status: in_force

The counties and municipalities are hereby authorized to establish a home health agency services special revenue fund.

Source: SL 1968, ch 26.
S.D. Codified Laws § 34A-6-105 — SD Code / Title 34A / Chapter 6 / Section 34A-6-105
Big Stone power plant approved
Status: in_force

Pursuant to the provisions of § 34A-6-53 , the Legislature hereby approves the operation of the Big Stone Power Plant near Big Stone City, South Dakota, with respect to the disposal of solid waste and finds that the facility is environmentally safe according to regulations in effect in 1993 and as permitted by the Board of Minerals and Environment and is in the public interest. The operation shall be in accordance with the terms of a solid waste permit or permit renewal issued by the Board of Minerals and Environment.

Source: SL 1993, ch 260.
S.D. Codified Laws § 34-45-18.8 — SD Code / Title 34 / Chapter 45 / Section 34-45-18.8
Prohibited conduct--Misdemeanor
Status: in_force

Any person who:

(1) Makes any false or fraudulent return in attempting to defeat or evade the surcharge imposed by § 34-45-4 or 34-45-4.2 is guilty of a Class 1 misdemeanor;

(2) Fails to pay the surcharge collected pursuant to the provisions of this chapter within sixty days from the date the surcharge becomes due is guilty of a Class 2 misdemeanor;

(3) Fails to keep the records required by this chapter or refuses to exhibit these records to the Department of Revenue for the purpose of examination is guilty of a Class 2 misdemeanor;

(4) Fails to file a return required by this chapter within sixty days from the date the return is due is guilty of a Class 2 misdemeanor;

(5) Willfully violates any rule of the secretary for the administration and enforcement of the provisions of this chapter is guilty of a Class 2 misdemeanor; or

(6) Fails to submit a 911 emergency surcharge registration after having been notified in writing by the secretary of the Department of Revenue that the person is subject to the provisions of this chapter is guilty of a Class 2 misdemeanor. However, it is not a violation of this subdivision if the person submits a registration and meets all lawful prerequisites for registering within ten days from receipt of written notice from the secretary.

For purposes of this section, the term, person, includes corporate officers, member-managers or managers of limited liability companies, or partners that control, supervise, or are charged with the responsibility of filing the returns or remitting the payments pursuant to this chapter.

Source: SL 2012, ch 188, § 21.
S.D. Codified Laws § 34-11-3 — SD Code / Title 34 / Chapter 11 / Section 34-11-3
Licensure requirement--Application--Fee--Promulgation of rules--Expiration
Status: in_force

Before an ambulance service may be operated in this state, the service must be licensed by the department. In order to obtain licensure, the ambulance service must:

(1) Complete and submit an application developed by the department; and

(2) Submit a licensure fee established by the department, in rule, pursuant to chapter 1-26 , but not exceeding twenty-five dollars.

A license issued in accordance with this section may only be renewed on or before June thirtieth in each even-numbered year.

Source: SL 1974, ch 239, § 3; SL 2024, ch 126, § 4.
S.D. Codified Laws § 34-10-27 — SD Code / Title 34 / Chapter 10 / Section 34-10-27
Accounting for district funds--Disbursements
Status: in_force

The treasurer of the hospital district shall keep a detailed account of all tax moneys paid into the public hospital district fund, of all other moneys from any source received by the district, and of all payments and disbursements from the fund. Funds shall be paid out on warrants issued by the direction of the board of trustees, signed by the treasurer, and countersigned by the chairman of the board.

Source: SL 1959, ch 135, § 11; SDC Supp 1960, § 27.19B11.
S.D. Codified Laws § 34A-2-125.3 — SD Code / Title 34A / Chapter 2 / Section 34A-2-125.3
Concentrated animal feeding operation administrative subfund--Source of moneys--Administration--Appropriation
Status: in_force

The concentrated animal feeding operation administrative subfund is established within the environment and natural resources fee fund, as created in § 1-41-23 .

The subfund consists of moneys from public and private sources, including legislative appropriations, federal grants, gifts, and fees received pursuant to §§ 34A-2-125.1 , 34A-2-125.2 , and 34A-2-125.4 . The Department of Agriculture and Natural Resources shall maintain the subfund separately to defray expenses associated with administering the concentrated animal feeding operation program. Expenditures from the subfund are appropriated by the Legislature through the normal budget process. Unexpended funds and interest remain in the subfund until appropriated by the Legislature.

Source: SL 2025, ch 145, § 3.
S.D. Codified Laws § 34-20B-92 — SD Code / Title 34 / Chapter 20B / Section 34-20B-92
Judicial review of department's decisions--Findings of fact conclusive
Status: in_force

All final determinations, findings, and conclusions of the department under this chapter shall be final and conclusive decisions of the matters involved, except that any person aggrieved by such decision may obtain review of the decision in the circuit court. Findings of fact by the department, if supported by substantial evidence, shall be conclusive.

Source: SL 1970, ch 229, § 11 (g); SDCL Supp, § 39-17-143.
S.D. Codified Laws § 34A-3A-5 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-5
Variances of standards--Grounds for authorizing
Status: in_force

The secretary may authorize a variance from any maximum contaminant level established in § 34A-3A-3 if:

(1) The raw water sources which are available to a specific system cannot meet the maximum contaminant level specified despite application of the best technology, treatment techniques, or other means which the secretary finds are generally and reasonably available, taking cost into consideration;

(2) The concentration of the contaminant or contaminants, for which the maximum contaminant level is exceeded by granting such variance, will not result in unreasonable risk to health;

(3) Within one year of the date of variance authorization, a schedule for compliance is issued and the owner of the supply agrees to implement the compliance schedule.

Source: SL 1983, ch 260, § 5.
S.D. Codified Laws § 34A-2-28 — SD Code / Title 34A / Chapter 2 / Section 34A-2-28
Rules for permits to discharge wastes--Plans and specifications for disposal systems--Violation
Status: in_force

The board shall promulgate rules pursuant to chapter 1-26 governing application, public notice, and public participation for permits to discharge sewage, industrial wastes, or other wastes into state waters, including rules requiring the filing of plans and specifications relating to the construction, modification, or operation of disposal systems.

A violation of rules promulgated pursuant to this section is subject to § 34A-2-75 .

Source: SL 1973, ch 280, § 4 (6); SDCL Supp, § 46-25-46; SL 1992, ch 158, § 24; SL 1993, ch 256, § 12.
S.D. Codified Laws § 34-31A-35 — SD Code / Title 34 / Chapter 31A / Section 34-31A-35
Change of district boundaries--Prior rights unimpaired--Liability for debts
Status: in_force

The boundaries of any rural fire protection district organized under the provisions of this chapter may be changed in the manner prescribed by §§ 34-31A-5 to 34-31A-9 , inclusive, but the changes of boundaries of any such district may not impair or affect its organization or its right in or to property; nor may it impair, affect or discharge any contract, obligation, lien, or charge for or upon which it might be liable had such change of boundaries not been made. Any portion or area of land which was part of a rural fire district, organized under §§ 34-31A-5 to 34-31A-9 , inclusive, and which is annexed into a bordering municipality, is liable for any indebtedness incurred while within the boundaries of the fire district. Nothing in this section precludes a municipality, by ordinance, when annexing land within a rural fire protection district, of assuming a portion or all of the indebtedness on the annexed land that is a result of being in the rural fire protection district.

Source: SL 1971, ch 208, § 12; SL 1983, ch 258; SL 2021, ch 43, § 24.
S.D. Codified Laws § 34-12-39.5 — SD Code / Title 34 / Chapter 12 / Section 34-12-39.5
Authorization to construct new nursing facility
Status: in_force

Notwithstanding the provisions of § 34-12-39.2 , a new nursing facility as defined in § 34-12-1.1 may be constructed, operated, and maintained with prior authorization by the Department of Health in accordance with §§ 34-12-35.6 to 34-12-35.8 , inclusive. Any new nursing facility authorized in accordance with §§ 34-12-35.6 to 34-12-35.8 , inclusive shall maintain an annual minimum Medicaid occupancy rate no less than ten percent below the statewide average at the time rates are established.

Source: SL 2012, ch 178, § 5.
S.D. Codified Laws § 34-8-13 — SD Code / Title 34 / Chapter 8 / Section 34-8-13
Receipts for payments to hospital
Status: in_force

Triplicate receipts shall be issued by the secretary of the board of trustees for all moneys received, showing the amount of money received, the date of its receipt, and the person from whom, and the purpose for which it was received. The original of such receipt shall be delivered to the payor, one copy thereof shall be delivered to the county treasurer, and one copy retained in the files of the board of trustees after having been audited and approved by the board of county commissioners.

Source: SL 1919, ch 282; SL 1929, ch 210, § 9; SDC 1939, § 27.1905.
S.D. Codified Laws § 34A-6-91 — SD Code / Title 34A / Chapter 6 / Section 34A-6-91
Wholesaler or retailer exchange of lead acid batteries
Status: in_force

Any wholesaler or retailer of lead acid batteries shall accept, on a one for one exchange basis, used lead acid batteries and shall ensure the proper handling and disposal of the batteries.

Source: SL 1992, ch 254, § 50U.
S.D. Codified Laws § 34-45-18.1 — SD Code / Title 34 / Chapter 45 / Section 34-45-18.1
Board representatives
Status: in_force

The South Dakota 911 Coordination Board created pursuant to § 34-45-18 shall consist of representatives from each of the following groups as appointed by the Governor for three-year terms, the initial appointments shall be for staggered terms:

(1) One representative of the South Dakota Chapter of the Association of Public Safety Communication Officials;

(2) One representative of the Dakota Chapter of the National Emergency Number Association;

(3) Two representatives who are South Dakota service providers;

(4) One representative who is an employee of the South Dakota Department of Public Safety;

(5) Two representatives of the South Dakota Association of County Commissioners;

(6) Two representatives of the South Dakota Municipal League;

(7) One representative of the South Dakota Police Chiefs Association; and

(8) One representative of the South Dakota Sheriffs Association.

The Governor shall be provided with a list of ten persons for each board position from each group represented. The Governor has the authority to reject any or all names provided. The Governor may also remove any person appointed to the board at any time without cause. The board may conduct public hearings to develop and recommend standards for operation and utilization of public safety answering points.

Source: SL 1999, ch 177, § 3; SL 2008, ch 176, § 15.
S.D. Codified Laws § 34A-7-12 — SD Code / Title 34A / Chapter 7 / Section 34A-7-12
Injunction of violations--Citizens' suits--Alternative or in addition to criminal proceedings
Status: in_force

Any person violating the provisions of this chapter may be enjoined from further violations in the circuit courts of this state. Such suits may be brought by any citizen of the state. An action for injunction shall be an alternative to, or in addition to, criminal proceedings.

Source: SL 1976, ch 214, § 2; SDCL Supp, § 34-16C-15.1.
S.D. Codified Laws § 34A-11-11 — SD Code / Title 34A / Chapter 11 / Section 34A-11-11
Complaint alleging violation--Investigation--Report--Enforcement action
Status: in_force

Any person may file a complaint with the secretary of agriculture and natural resources regarding a violation of this chapter. The secretary may conduct an investigation of the alleged violation and make a written report of the investigation to the person. If the secretary determines that a violation has occurred, the secretary may take whatever enforcement action he or she considers appropriate.

Source: SL 1983, ch 262, § 11; SL 2005, ch 10, § 28; SL 2011, ch 165, § 147; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-13-49 — SD Code / Title 34A / Chapter 13 / Section 34A-13-49
Abandoned tank removal program created--Eligibility for participation
Status: in_force

There is hereby created within the petroleum release compensation fund, a new program to be known as the abandoned tank removal program. Under this program, the director may provide payments for tank pulling and corrective action at abandoned sites where the owner or the person having legal custody of an abandoned site has voluntarily requested such action in the manner and time established by the secretary of the Department of Agriculture and Natural Resources and if the following criteria are met:

(1) The owner or person having legal custody of the abandoned site has submitted to the director a written request to have the tank removed. The request shall be made in the manner established by the secretary of the Department of Agriculture and Natural Resources to include documentation of eligibility for the site to participate in the abandoned tank removal program, proof of ownership, and legal description;

(2) The owner or person having legal custody of the abandoned site has, in writing, waived all claims against the state, its officers, agents, and employees for damages resulting directly or indirectly from the tank pulling or corrective action;

(3) If the abandoned site is on private property, all property taxes are current; and

(4) The owner or person having legal custody of the abandoned site has agreed to transfer ownership of the removed tank and its contents to the state.

No tank is eligible for coverage under this program if the tank is located at the site of a commercially operational motor fuel vendor in service on or after April 1, 1988.

Source: SL 2000, ch 175, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 31; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 156, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-12-12 — SD Code / Title 34A / Chapter 12 / Section 34A-12-12
Strict liability for costs of corrective action
Status: in_force

Any person who has caused a discharge of a regulated substance in violation of § 34A-12-8 is strictly liable for the corrective action costs expended by the department pursuant to §§ 23A-27-25 , 34A-1-39 , 34A-12-1 to 34A-12-1 5, inclusive, 45-6B-70 , 45-6C-45 , 45-6D-60 , and 45-9-68 .

Source: SL 1988, ch 291, § 13.
S.D. Codified Laws § 34-44-6 — SD Code / Title 34 / Chapter 44 / Section 34-44-6
Responsibility of asbestos contractor for handling and delivery of friable asbestos material--Penalty for violation
Status: in_force

The asbestos contractor carrying out an asbestos project is responsible for the safe and proper handling and delivery of waste that includes friable asbestos material to a landfill authorized to receive such waste. A violation of this section is a Class 1 misdemeanor.

In addition, any person who violates this section is subject to a civil penalty not to exceed one thousand dollars per day of violation.

Source: SL 1988, ch 284, § 5; SL 1990, ch 280, § 3; SL 1993, ch 254.
S.D. Codified Laws § 34A-6-20 — SD Code / Title 34A / Chapter 6 / Section 34A-6-20
County agreements with other political subdivisions and persons
Status: in_force

The board of county commissioners of a county may enter into agreements with other counties, one or more municipalities, townships, governmental agencies, with private persons, trusts, or with any combination thereof to provide a solid waste management system for all participating counties, an individual county, or any portion thereof.

Source: SL 1972, ch 198, § 13; SDCL, § 34-16B-18.
S.D. Codified Laws § 34-20C-19 — SD Code / Title 34 / Chapter 20C / Section 34-20C-19
Action stayed during criminal investigation or prosecution
Status: in_force

On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this chapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action.

Source: SL 1997, ch 203, § 23.
S.D. Codified Laws § 34-29B-3 — SD Code / Title 34 / Chapter 29B / Section 34-29B-3
State fire marshal--Appointment and approval--Deputies
Status: in_force

The state fire marshal shall administer and enforce this chapter. The state fire marshal shall be appointed by the department secretary with the approval of the Governor and serve at the pleasure of the Governor and shall operate under the supervision of the secretary of public safety. The state fire marshal may designate a chief deputy and such deputy fire marshals as may be authorized.

Source: SL 1991, ch 283, § 3; SL 2003, ch 272, § 23.
S.D. Codified Laws § 34-3-8 — SD Code / Title 34 / Chapter 3 / Section 34-3-8
Dissolution of full-time county department--Withdrawal of first or second class municipality from participation
Status: in_force

A full - time county health department may be dissolved by resolution of the board of county commissioners, and a first or second class municipality may withdraw from such department by resolution of its governing body, at any time after one year from the establishment of the department, or merger therewith, as the case may be; provided that no dissolution or withdrawal shall occur during any fiscal year for which a budget has been approved therefor, and in no case until ninety days' prior written notice thereof has been given the county board of health.

Source: SL 1953, ch 129, § 4; SDC Supp 1960, § 27.18A04; SL 1992, ch 60, § 2.
S.D. Codified Laws § 34-49-19 — SD Code / Title 34 / Chapter 49 / Section 34-49-19
Out-of-state sales permitted
Status: in_force

Nothing in this chapter prohibits any person or entity from manufacturing or selling cigarettes that do not meet the requirements of §§ 34-49-2 to 34-49-7 , inclusive, if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to any person located in this state.

Source: SL 2009, ch 172, § 19, eff. Jan. 1, 2011.
S.D. Codified Laws § 34A-3A-15 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-15
Injunctive and declaratory relief
Status: in_force

The secretary may enforce the provisions of this chapter by means of injunctive and declaratory relief in circuit court.

Source: SL 1983, ch 260, § 15; SL 1992, ch 158, § 38.
S.D. Codified Laws § 34-45-18.2 — SD Code / Title 34 / Chapter 45 / Section 34-45-18.2
Promulgation of rules regarding operational standards, coordination of service, and expenditures
Status: in_force

The board may promulgate rules pursuant to chapter 1-26 setting:

(1) Minimum technical, operational, and procedural standards for the operation and utilization of a public safety answering point;

(2) Requirements and amounts for reimbursement of recurring and nonrecurring costs;

(3) Standards for coordination of effective 911 service on a statewide basis; and

(4) Allowable expenditures of the 911 emergency surcharge proceeds collected pursuant to § 34-45-4 .

No public safety answering point may be required to comply with the provisions of ARSD 50:02:04:02(2), unless the next generation 911 initiative has been implemented. The board shall determine when the next generation 911 initiative is operational. The board shall notify each public safety answering point not complying with the provisions of this rule when this determination has been made. The public safety answering point shall comply with the provisions of the rule within ninety days. However, any public safety answering point that submits a written request to the board to opt out of the provisions of ARSD 50:02:04:02(2) may only receive seventy-five cents of each surcharge assessed pursuant to § 34-45-4 that is to be remitted such public safety answering point. The remaining surcharge assessment shall be deposited in the public safety 911 emergency fund.

Source: SL 1999, ch 177, § 4; SL 2008, ch 176, § 16; SL 2010, ch 179, § 5; SL 2011, ch 163, § 2; SL 2012, ch 188, § 18.
S.D. Codified Laws § 34A-2-41 — SD Code / Title 34A / Chapter 2 / Section 34A-2-41
Conditions in permits issued for publicly owned treatment works
Status: in_force

The secretary, in accordance with rules promulgated by the board pursuant to chapter 1-26 , may impose as conditions in permits for the discharge of wastes from publicly owned treatment works appropriate measures to establish and ensure compliance by industrial users with pretreatment standards, and any system of user charges required under state or federal law or any regulations or rules promulgated thereunder.

Source: SL 1973, ch 280, § 9 (3) (d); SDCL Supp, § 46-25-57; SL 1988, ch 285, § 11; SL 1993, ch 256, § 20.
S.D. Codified Laws § 34-20D-8.1 — SD Code / Title 34 / Chapter 20D / Section 34-20D-8.1
Waiver of electronic reporting--Disclosure of record to law enforcement
Status: in_force

The attorney general may grant a retailer a waiver pursuant to § 34-20D-8 if the retailer demonstrates that the electronic reporting will cause the retailer an undue economic hardship or that the retailer does not have the technological ability to report electronically. If a waiver is granted, the retailer shall disclose the record, upon request, to a law enforcement agency for a law enforcement purpose.

Source: SL 2014, ch 166, § 3.
S.D. Codified Laws § 34A-6-109.2 — SD Code / Title 34A / Chapter 6 / Section 34A-6-109.2
Purchase of catalytic converters--Limitations
Status: in_force

Only a scrap metal business with a valid state sales tax license may purchase a detached catalytic converter.

A person may not purchase, trade for, or pledge to buy a detached catalytic converter, or offer or advertise to purchase, trade for, or pledge to buy a detached catalytic converter, unless the person follows the requirements under §§ 34A-6-108 to 34A-6-112 , inclusive.

Source: SL 2022, ch 139, § 3.
S.D. Codified Laws § 34-21-45 — SD Code / Title 34 / Chapter 21 / Section 34-21-45
Injunction proceedings brought by attorney general
Status: in_force

It shall be the duty of the attorney general on the request of the agency to bring any action for an injunction against any person violating the provisions of this chapter, or violating any rule or order of the agency.

Source: SL 1957, ch 122, § 9; SDC Supp 1960, § 27.9959.
S.D. Codified Laws § 34-21-37 — SD Code / Title 34 / Chapter 21 / Section 34-21-37
Hearing on suspected violation--Hearing officers
Status: in_force

If a hearing is requested after notice given pursuant to § 34-21-35 , such hearing shall be held in compliance with chapter 1-26 within thirty days after the receipt of the request for hearing. Hearings may be conducted by the secretary or hearing officers appointed by the agency. Such hearing officers shall be persons who are not regular employees of the agency.

Source: SL 1967, ch 107, § 5 (b); SL 1972, ch 15, § 4.
S.D. Codified Laws § 34-24A-1 — SD Code / Title 34 / Chapter 24A / Section 34-24A-1
Duty of control of fluoride content in municipal water supply
Status: in_force

Any person, firm, limited liability company, corporation, or municipality having jurisdiction over a municipal water supply, whether publicly or privately owned or operated, shall control the quantities of fluoride in the water so as to maintain a minimum fluoride content prescribed by the South Dakota Department of Agriculture and Natural Resources.

Source: SL 1969, ch 112; SL 1986, ch 295, § 1; SL 1994, ch 351, § 63; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-1-43 — SD Code / Title 34A / Chapter 1 / Section 34A-1-43
Hearings by board--Procedural powers
Status: in_force

In addition to any other powers conferred on it by law the board may hold hearings relating to any aspect of or matter in the administration of this chapter, and in connection with the hearings, exercise the powers granted by chapter 1-26 .

Source: SL 1970, ch 203, § 5 (2); SDCL Supp, § 34-16A-48; revised pursuant to SL 1972, ch 15, § 4; SL 2011, ch 165, § 23.
S.D. Codified Laws § 34-26A-32 — SD Code / Title 34 / Chapter 26A / Section 34-26A-32
Refusal to release or dispose remains pending dispute resolution--Immunity
Status: in_force

A crematory may refuse to release or dispose of cremated remains if it is aware of any dispute concerning the release or disposition of the remains.

A crematory shall release or dispose of the cremated remains upon receiving an order from a court directing the activity or upon receipt of sufficient documentation indicating that the dispute has been resolved.

A crematory is immune from liability for refusing to release or dispose of cremated remains, in accordance with this section.

Source: SL 1988, ch 283, § 32; SL 2023, ch 129, § 26.
S.D. Codified Laws § 34-29B-6 — SD Code / Title 34 / Chapter 29B / Section 34-29B-6
Interference with, or disobedience of, fire official as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for any person to interfere with a fire official or law enforcement official carrying out any duties or functions prescribed by this chapter. It is also a Class 1 misdemeanor for any person to disobey a lawful order of a fire official or law enforcement official.

Source: SL 1991, ch 283, § 6.
S.D. Codified Laws § 34A-3-22 — SD Code / Title 34A / Chapter 3 / Section 34A-3-22
Procedure for suspension or revocation
Status: in_force

No certificate may be suspended or revoked except in compliance with chapter 1-26 .

Source: SL 1970, ch 217, § 13; SDCL Supp, § 36-22A-21; revised pursuant to SL 1972, ch 15, § 4; SL 2011, ch 165, § 76.
S.D. Codified Laws § 34-18-38 — SD Code / Title 34 / Chapter 18 / Section 34-18-38
Exemption from licensure––Requirements
Status: in_force

A person selling food prepared at the person's primary residence, in accordance with § 34-18-35 , is exempt from the licensing and license fee provisions of this chapter if:

(1) The food meets the requirements of § 34-18-37 ;

(2) The food is sold in the seller's physical presence at:

(a) The seller's primary residence;

(b) A farmer's market;

(c) A roadside stand; or

(d) Other temporary sale venue; and

(3) The seller, or a person residing at the seller's primary residence, personally delivers the food to the buyer at the completion of the sale.

Source: SL 2011, ch 158, § 1; SL 2020, ch 143, § 2; SL 2022, ch 106, § 5.
S.D. Codified Laws § 34-44-21 — SD Code / Title 34 / Chapter 44 / Section 34-44-21
Contents of training course
Status: in_force

In order to be approved under § 34-44-19 , a training course shall at least include material relating to:

(1) The characteristics and uses of asbestos and the associated health hazards;

(2) Local, state, and federal standards and laws relating to asbestos abatement work practices;

(3) Methods to protect personal and public health from asbestos hazards;

(4) Air monitoring;

(5) Safe and proper asbestos abatement techniques; and

(6) Proper disposal of waste containing asbestos.

Source: SL 1988, ch 284, § 19.
S.D. Codified Laws § 34-10-23 — SD Code / Title 34 / Chapter 10 / Section 34-10-23
Payment of bonds when debt service fund insufficient--Reimbursement from subsequent tax levies--Additional levies
Status: in_force

If the moneys in the debt service fund are at any time insufficient for the payment of principal and interest due on bonds of the district, such payment shall nevertheless be made from any other funds of the district available therefor, and such other funds may be reimbursed from tax levies subsequently collected. In the event that the tax initially levied is not collected in amounts sufficient to pay all principal and interest when due, additional taxes shall be levied by the board upon all taxable property within the district at the times and in the amounts required for such purpose, which levies shall not be subject to any limitation as to rate or amount.

Source: SL 1959, ch 135, § 12; SDC Supp 1960, § 27.19B12.
S.D. Codified Laws § 34-8-12 — SD Code / Title 34 / Chapter 8 / Section 34-8-12
Rules governing admission to hospital--Reimbursement of county for cost of care--Costs paid from general fund
Status: in_force

The board of county commissioners shall establish rules, not inconsistent with the laws of this state, covering the admission of persons to the county hospital provided for in § 34-8-1 , and shall require every person admitted to such hospital to pay the county the cost of his care therein, all moneys so received to be credited to the county general fund. In the case of poor and indigent persons, the board shall pay the cost of the care of such persons out of the general fund.

Source: SL 1909, ch 265, §§ 2, 3; RC 1919, § 10046; SDC 1939, § 50.0108; SL 1985, ch 77, § 18.
S.D. Codified Laws § 34A-13-9.1 — SD Code / Title 34A / Chapter 13 / Section 34A-13-9.1
Conditions for reimbursement
Status: in_force

Reimbursement, without a corrective action plan, may be allowed for tank pulling if petroleum contamination in the backfill area exceeds standards established by the department and if the tank pulling removes petroleum contamination to department standards. No reimbursement may be provided for upgrade of a release site taken during a corrective action.

Source: SL 1990, ch 292, § 2; SL 1992, ch 260, § 11; SL 2011, ch 165, § 157.
S.D. Codified Laws § 34A-5-23 — SD Code / Title 34A / Chapter 5 / Section 34A-5-23
Expense reimbursement and compensation of trustees
Status: in_force

Each sanitary district board of trustees shall establish amounts to reimburse board members for expenses for lodging, meals, and mileage and to provide compensation for each day of actual service for traveling to, attending, and returning from meetings, hearings, or investigations of the sanitary district board. Such reimbursement and compensation shall be paid at the rates set pursuant to chapter 3-9 .

Source: SL 1976, ch 215, §§ 1, 2; SDCL Supp, § 34-17-19.1; SL 1979, ch 243; SL 1991, ch 292; SL 2001, ch 243, § 2; SL 2011, ch 168, § 1; SL 2024, ch 20, § 14.
S.D. Codified Laws § 34A-1-17 — SD Code / Title 34A / Chapter 1 / Section 34A-1-17
Contamination within plant excluded from jurisdiction
Status: in_force

Nothing in this chapter shall be construed to grant to the department or board any jurisdiction or authority with respect to air contamination existing solely within commercial and industrial plants, works, or shops.

Source: SL 1970, ch 203, § 17; SDCL Supp, § 34-16A-23.
S.D. Codified Laws § 34-20A-75 — SD Code / Title 34 / Chapter 20A / Section 34-20A-75
Testimony presented at hearing
Status: in_force

At the hearing the court shall hear all relevant testimony, including, if possible, the testimony of at least one licensed physician or one addiction counselor who has examined the person whose commitment is sought.

Source: SL 1974, ch 240, § 12 (c); SL 1985, ch 277, § 25; SL 2016, ch 15, § 19; SL 2023, ch 117, § 11.
S.D. Codified Laws § 34-39-1 — SD Code / Title 34 / Chapter 39 / Section 34-39-1
Definitions
Status: in_force

Terms used in this chapter mean:

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

(2) "Secretary," the secretary of the Department of Public Safety.

Source: SL 2016, ch 183, § 57.
S.D. Codified Laws § 34-48A-22 — SD Code / Title 34 / Chapter 48A / Section 34-48A-22
Emergency management workers--Rights, duties, and compensation
Status: in_force

An emergency management worker while on duty, whether within or without the state, shall:

(1) If the worker is an employee of the state, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to the worker's employment;

(2) If the worker is an employee of a political subdivision of the state, and whether serving within or without such political subdivision, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to the worker's employment;

(3) If the worker is not an employee of the state or a political subdivision thereof, be compensated by the state at a rate set by rules promulgated pursuant to chapter 1-26 by the secretary, and have the same rights and immunities as are provided by law for the employees of this state; and

(4) Be subject to the operational control of the authority in charge of emergency management activities in the area in which the worker is now serving.

Source: SL 1949, ch 236, § 7; SL 1951, ch 285, § 7; SDC Supp 1960, § 41.01C06 (2); SL 1977, ch 271, § 34; SL 1986, ch 272, § 16; SL 1992, ch 236, § 5; SL 2004, ch 17, § 196; SDCL § 33-15-18 .
S.D. Codified Laws § 34A-6-69 — SD Code / Title 34A / Chapter 6 / Section 34A-6-69
Inspection of facilities
Status: in_force

The department may inspect, as provided in § 34A-6-1.20 , any facility engaged in the transport, storage, or processing of materials for recycling, reuse, or other solid waste management purposes.

Source: SL 1992, ch 254, § 32.
S.D. Codified Laws § 34-21-38 — SD Code / Title 34 / Chapter 21 / Section 34-21-38
Findings and decision
Status: in_force

On the basis of the evidence produced at a hearing pursuant to § 34-21-37 , the secretary or hearing officer shall, in compliance with chapter 1-26 , make and promulgate findings, a decision and, if appropriate, an order.

Source: SL 1967, ch 107, § 5 (b); SL 1972, ch 15, §§ 3, 4.
S.D. Codified Laws § 34-29B-9 — SD Code / Title 34 / Chapter 29B / Section 34-29B-9
Written report to fire marshal
Status: in_force

Every fire shall be reported in writing to the state fire marshal by the fire department officer in whose jurisdiction such a fire has occurred within thirty days of the occurrence. The report shall be in a form prescribed by the state fire marshal and shall contain a statement of all facts relating to the cause, origin, and circumstances of the fire, the extent of the damage, the insurance upon such property and any other information as may be required, including the injury, death, or rescue of persons.

Source: SL 1991, ch 283, § 9.
S.D. Codified Laws § 34-55-3 — SD Code / Title 34 / Chapter 55 / Section 34-55-3
Application--Review--Criteria--Promulgation of rules
Status: in_force

An applicant shall submit an application to the attorney general on a form prescribed by the attorney general. The attorney general shall, by rules promulgated pursuant to chapter 1-26 , develop administrative procedures regarding the application and grant award process including any scoring system to be used to evaluate or rank applications. The attorney general shall act as fiscal agent for the grant and shall be responsible for receiving and reviewing grant applications and awarding grants under this chapter. The attorney general shall give consideration to regions within the state that may have more significant need.

At least thirty days before the first day applications may be submitted each fiscal year, the attorney general shall publish on the office's website the specific criteria and any scoring system used to evaluate or rank applications and award grants under this chapter. The attorney general shall also post any unserved or underserved areas that are eligible for grant funding.

Source: SL 2021, ch 160, § 3, eff. Mar. 25, 2021.
S.D. Codified Laws § 34-22-18.1 — SD Code / Title 34 / Chapter 22 / Section 34-22-18.1
Action for injunction to enforce department directive or order--Confidential information
Status: in_force

If the department has determined by medical or epidemiological information that a person is confirmed to be infected with an active tuberculosis, any middle east respiratory syndrome (MERS), severe acute respiratory syndrome (SARS), smallpox, or viral hemorrhagic fevers, or any disease or condition which is the subject of a declared public health emergency pursuant to § 34-22-42 , or for the period beginning July 1, 2021, and ending June 30, 2022, severe acute respiratory syndrome coronavirus 2, which causes the disease known as COVID-19, and if that person presents a health threat to others, the department may commence an action in circuit court, pursuant to chapters 15-6 and 21-8 , for injunctive relief as necessary to enforce any applicable department directive or order. The court shall treat individually identifying information including the gender, age, ethnicity, race, national origin, location, or identity of any person subject to the proceedings as strictly confidential information. If necessary, identifying numbers or initials may be used to protect the individually identifying information of the person.

Nothing in this section authorizes the department to compel a person to be vaccinated.

Source: SL 2015, ch 181, § 33; SL 2020, ch 145, § 1, eff. Mar. 31, 2020; SL 2021, ch 147, § 1.
S.D. Codified Laws § 34-18-9.4 — SD Code / Title 34 / Chapter 18 / Section 34-18-9.4
Bed and breakfast establishment to maintain guest list and smoke detectors--Violation as misdemeanor
Status: in_force

Any bed and breakfast establishment shall maintain a guest list and shall place a smoke detector in each sleeping room with a minimum of at least one smoke detector per floor. Any violation of this section is a Class 2 misdemeanor.

Source: SL 1986, ch 280, § 5; SL 1996, ch 213, § 5.
S.D. Codified Laws § 34-49-22 — SD Code / Title 34 / Chapter 49 / Section 34-49-22
Repeal upon express federal preemption
Status: in_force

The provisions of this chapter are repealed if a federal reduced cigarette ignition propensity standard that expressly preempts this chapter is adopted and becomes effective.

Source: SL 2009, ch 172, § 22, eff. Jan. 1, 2011.
S.D. Codified Laws § 34-23A-38 — SD Code / Title 34 / Chapter 23A / Section 34-23A-38
Submission of information collection form
Status: in_force

By February twenty - eighth of each year, each physician who provided, or whose agent provided, information to one or more females in accordance with § 34-23A-10.1 during the previous calendar year shall submit to the Department of Health a copy of the physicians' information report form described in § 34-23A-37 with the requested data entered accurately and completely.

Source: SL 1998, ch 209, § 5.
S.D. Codified Laws § 34A-2-125.4 — SD Code / Title 34A / Chapter 2 / Section 34A-2-125.4
Water pollution control permit--Application fee for submissions--Exclusion--Deposit
Status: in_force

In addition to any other tax or fee levied by law, there is hereby imposed a water pollution control permit application fee of six hundred dollars on an operation that is required to obtain a water pollution control permit under § 34A-2-36.2 or 34A-2-36.3 . The fee is applicable for each submission to the Department of Agriculture and Natural Resources of one or more of the following:

(1) An application for a new operation;

(2) An application to increase the maximum animal numbers at an operation;

(3) An application to increase the manure or process wastewater containment structure volume at an operation;

(4) A second or any subsequent application, submitted in a calendar year, adding land application fields to the permit of an operation;

(5) An application submitted for an individual permit; or

(6) An application for coverage under a general permit submitted after July 1, 2027.

The fee does not apply to as-built plans.

The person filing the application for the water pollution control permit shall submit the fee with the application. The department shall deposit the fee in the concentrated animal feeding operation administrative subfund, as established in § 34A-2-125.3 .

Source: SL 2025, ch 145, § 4.
S.D. Codified Laws § 34-20D-11 — SD Code / Title 34 / Chapter 20D / Section 34-20D-11
Real-time electronic record-keeping system--Calculation of purchase limitations--Private vendor
Status: in_force

The Office of the Attorney General may provide retailers of chemical products containing pseudoephedrine, ephedrine, or phenylpropanolamine access to a real-time electronic record-keeping system to enter into the record system any transaction required by § 34-20D-8 . The real-time electronic record-keeping system shall be maintained in a central repository and shall have the capability to calculate state and federal ephedrine base, pseudoephedrine base, and phenylpropanolamine base purchase limitations. The electronic record-keeping system shall include a record of all the information obtained under § 34-20D-8 and the unique identification number, type, and state of issue. The Office of the Attorney General may contract with a private vendor to implement this section. A contractor shall comply with the confidentiality requirements of this chapter and is subject to sanctions for violation of confidentiality requirements, including termination of the contract. No cost may be assessed to the retailer associated with the implementation, access, continuation, or maintenance of the electronic record-keeping system.

Source: SL 2014, ch 166, § 2.
S.D. Codified Laws § 34-18-18 — SD Code / Title 34 / Chapter 18 / Section 34-18-18
Fairs and nonprofit organizations exempt from temporary food service license fee--Health requirements applicable
Status: in_force

Temporary food service establishments located on the state fairgrounds or on county fairgrounds of this state, operated in conjunction with these annual celebrations, and nonprofit organizations operating a temporary food service establishment shall be exempt from the license fee of this chapter. Such exemption from the license fee does not release the owner of such temporary food service establishment from compliance with the public health requirements of this chapter and the rules and regulations of the department.

Source: SDC 1939, § 27.1707 as enacted by SL 1941, ch 127, § 2; SL 1955, ch 94, § 3; SL 1963, ch 158, § 10.
S.D. Codified Laws § 34-50-5 — SD Code / Title 34 / Chapter 50 / Section 34-50-5
Exceptions to confidentiality of communication to or record of critical incident stress management team or peer support team
Status: in_force

A communication or record described by § 34-50-4 is not confidential if:

(1) It conveys information to an appropriate professional for further consultation, advice, or referral service that the critical incident stress management team reasonably deems necessary for the continuing care of the emergency service provider;

(2) It conveys information that the emergency service provider is or reasonably appears to be an imminent threat to the provider or others;

(3) It conveys information relating to a past, present, or future criminal act;

(4) The emergency service provider, or the legal representative of the provider, expressly agrees that the communication or record is not confidential; or

(5) The emergency service provider is deceased.

A communication or record described by § 34-50-4 is not confidential to the extent that it only conveys information concerning the services and care provided to or withheld by the emergency service provider to an individual injured or killed in the critical incident.

Source: SL 2015, ch 187, § 5.
S.D. Codified Laws § 34-22-11 — SD Code / Title 34 / Chapter 22 / Section 34-22-11
Screening and testing for communicable disease
Status: in_force

The department may provide facilities and personnel which will encourage participation in prescribed screening of the general population and high-risk segments of the general population through testing for communicable diseases.

Source: SL 1963, ch 380, § 5 (5); SL 2015, ch 181, § 8.
S.D. Codified Laws § 34-21-19 — SD Code / Title 34 / Chapter 21 / Section 34-21-19
Rules and regulations for licensing of nuclear materials and equipment
Status: in_force

The agency, upon recommendation of the Board of Minerals and Environment, shall, in compliance with chapter 1-26 , provide by rules or regulations for general or specific licensing of by - product, source, and special nuclear materials, or devices or equipment utilizing those materials. The rules or regulations shall provide for amendment, suspension, or revocation of licenses, subject to chapter 1-26 .

Source: SDC Supp 1960, § 27.17A04 (16) as added by SL 1967, ch 107, § 2; SL 1980, ch 242, § 9.
S.D. Codified Laws § 34-11A-34 — SD Code / Title 34 / Chapter 11A / Section 34-11A-34
Deferred compensation program for volunteer advanced life support personnel
Status: in_force

Any ambulance district with volunteer advanced life support personnel may establish a deferred compensation program for its volunteer advanced life support personnel. Such a program may be financed by the ambulance district or by the volunteer advanced life support personnel and may be managed through the ambulance district or through an insurance company or other financial institution. Such program shall be established by ordinance. Each ambulance district shall establish requirements for participation in the program. Participation in the program of deferred compensation shall be at the option of the volunteer advanced life support personnel.

Source: SL 2011, ch 36, § 4.
S.D. Codified Laws § 34-20-16 — SD Code / Title 34 / Chapter 20 / Section 34-20-16
Federal rodent control program not impaired
Status: in_force

Nothing in this chapter shall be construed to interfere with or prevent the preparation, sale and distribution of poisons, poisoned grains or baits by the district leader in rodent control for the United States Department of the Interior, Fish and Wildlife Service, when the same are intended for use in the control of rodents, nor prevent the preparation or distribution of poisoned grain or bait by or under the supervision of the board of county commissioners of any county in the state, acting upon the advice and with the co - operation of a person engaged in rodent control work under the Fish and Wildlife Service of the United States Department of the Interior.

Source: SL 1929, ch 124, § 5; SL 1933, ch 162; SDC 1939, § 22.1204; SL 1951, ch 106; SL 1964, ch 74.
S.D. Codified Laws § 34-21-47 — SD Code / Title 34 / Chapter 21 / Section 34-21-47
Notice by federal agency prior to transmitting waste
Status: in_force

Any agency of the United States government shall notify the Governor before transporting any radioactive waste through the state.

Source: SL 1980, ch 243, § 1.
S.D. Codified Laws § 34-29B-15 — SD Code / Title 34 / Chapter 29B / Section 34-29B-15
Application for alternative--Documentation--Records--Deadline for denial of application
Status: in_force

Each application for an alternative shall be filed with the state fire marshal and shall be accompanied by such evidence, letters, statements, results of tests, or other supporting information as may be required to justify the request. The state fire marshal shall keep a record of actions of such applications and a signed copy of the state fire marshal's decision shall be provided for the applicant. The state fire marshal may grant or deny any properly filed application; but if the state fire marshal does not deny an application within twenty days of its filing, the alternative shall be deemed granted.

Source: SL 1991, ch 283, § 16; SL 1992, ch 250.
S.D. Codified Laws § 34-45-21 — SD Code / Title 34 / Chapter 45 / Section 34-45-21
911 financial information
Status: in_force

Each 911 emergency reporting system created by a governing body of a public corporation pursuant to an ordinance authorized by § 34-45-2 shall cooperate fully with the board and provide operational and financial information in a timely manner as prescribed by the board.

Source: SL 1998, ch 214, § 4; SL 2010, ch 179, § 4.
S.D. Codified Laws § 34A-6-84 — SD Code / Title 34A / Chapter 6 / Section 34A-6-84
Payment of tire management fee by owner of motor vehicle--Date due--Exemption for United States and Indian tribe property
Status: in_force

The solid waste management fee imposed by § 34A-6-83 shall be paid by the owner to the county treasurer or secretary of revenue at the registration and licensing of the motor vehicle, and the fee shall be remitted to the state treasury by the county treasurer or secretary of revenue on the same day as other registration and licensing fees are due and payable. Motor vehicles which are the property of the United States or the Indian tribes are not subject to the fee imposed by § 34A-6-83 .

Source: SL 1992, ch 254, § 50K.
S.D. Codified Laws § 34A-5-31 — SD Code / Title 34A / Chapter 5 / Section 34A-5-31
Proceedings governed by municipal laws--Eminent domain proceedings
Status: in_force

All proceedings for the construction and operation of sewer and sewage disposal plants and solid waste disposal plants and systems and the borrowing of money, making of special assessments, and issuing of bonds shall be governed, to the extent applicable, by § 9-12-1 and chapters 9-26 , 9-40 , 9-43 , and 9-48 and in the exercise of the power of eminent domain the board of trustees may proceed as condemnation proceedings are conducted by the department of transportation under chapter 31-19 or as may otherwise be provided.

Source: SL 1947, ch 226, § 15; SL 1953, ch 268; SDC Supp 1960, § 45.3815 (7); SL 1964, ch 144, § 7; SL 1966, ch 146, § 1; SDCL, § 34-17-26; SL 1970, ch 197, § 3; SDCL Supp, § 34-17-26.1; SL 1972, ch 192, § 2.
S.D. Codified Laws § 34A-3A-25 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-25
Promulgation of rules to carry out requirements of Federal Safe Drinking Water Act--Violation
Status: in_force

In order to carry out the requirements of the Federal Safe Drinking Water Act as amended to January 1, 2011, the secretary of agriculture and natural resources shall promulgate rules, pursuant to chapter 1-26 , establishing:

(1) Procedures for a supplier of water to demonstrate that a new system intended to be a public water system has the technical, managerial, and financial capacity to achieve and maintain compliance with all relevant local, state, and federal requirements;

(2) Procedures for the department to issue certificates of approval to new water suppliers once a technical, managerial, and financial capacity review, consistent with provisions of this chapter, is completed. The rules shall provide that a new system intended to be a public water system, after October 1, 1999, may not operate until it has been issued a certificate of approval;

(3) The development and implementation of a strategy to assist public water systems in acquiring and maintaining technical, managerial, and financial capacity to comply with all relevant local, state, and federal requirements; and

(4) Such other rules as may be necessary to implement the provisions of the Federal Safe Drinking Water Act as amended to January 1, 2011, in a state drinking water program approved by the United States Environmental Protection Agency.

A violation of any rule adopted pursuant to this section is subject to the penalties provided for in § 34A-3A-3 .

Source: SL 1998, ch 217, § 1; SL 2011, ch 165, § 84; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-25-32.11 — SD Code / Title 34 / Chapter 25 / Section 34-25-32.11
Fetal death report to be referenced on certificate of birth resulting in stillbirth
Status: in_force

Any certificate of birth resulting in stillbirth shall include information referencing the corresponding fetal death report.

Source: SL 2007, ch 195, § 4.
S.D. Codified Laws § 34-12F-9 — SD Code / Title 34 / Chapter 12F / Section 34-12F-9
Parental notification required to withhold resuscitation--Records--Parental objection--Court action
Status: in_force

If a physician determines that a patient who is an unemancipated minor has a life-limiting illness, the physician may not institute an order to withhold resuscitation unless the physician has:

(1) Informed at least one of the patient's parents or the patient's legal guardian of the intent to institute such an order; and

(2) Made a reasonable attempt to inform the patient's other parent, if that parent's contact information is available or discernible, and if that parent has custodial or visitation rights.

The physician shall provide the information required by this section orally and in written form unless, using medical judgment, the physician determines that the urgency of the patient's condition requires reliance on only oral information.

The physician shall ensure that all communications made or attempted in accordance with this section are contemporaneously documented in the patient's medical record and that the record includes a listing of all participants in the communication, the date and time that communications or attempted communications occurred, and whether the information was provided orally or in written form. Copies of any written information provided must also be placed in the medical record.

Either of the patient's parents or the patient's legal guardian may object, orally or in written form, to the institution of an order to withhold resuscitation. The objection must be contemporaneously documented in the patient's medical record. An objection under this section precludes the physician from instituting an order to withhold resuscitation until the objection is withdrawn or a court permits institution of the order.

If the patient's parents are unable to agree on the institution of an order to withhold resuscitation, either parent may petition the circuit court of the county in which that parent resides or in which the patient is receiving treatment for an order enjoining a violation or a threatened violation of this section or to resolve a conflict. Pending a final determination, including any appeals, an order to withhold resuscitation may not be instituted.

Source: SL 2019, ch 145, § 1.
S.D. Codified Laws § 34A-2-21 — SD Code / Title 34A / Chapter 2 / Section 34A-2-21
Causing pollution of waters prohibited--Placement of wastes--Violation
Status: in_force

No person may cause pollution of any waters of the state, or place or cause to be placed any wastes in a location where they are likely to cause pollution of any waters of the state. A violation of this section is subject to § 34A-2-75 and may be abated as a public nuisance.

Source: SDC 1939, §§ 13.1506, 61.9901; SDCL, § 46-25-17; SL 1973, ch 280, § 8 (1); SDCL Supp, § 46-25-39; SL 1977, ch 190, § 635; SL 1984, ch 243, § 3; SL 1992, ch 158, § 20.
S.D. Codified Laws § 34-48A-5.2 — SD Code / Title 34 / Chapter 48A / Section 34-48A-5.2
Governmental authority--Emergencies--Limitations related to firearms and weapons
Status: in_force

Except as otherwise provided in this section, no state agency, political subdivision, or any elected or appointed official or employee of this state or of a political subdivision may, under any governmental authority or color of law exercised pursuant to this chapter, including any statutorily authorized response to disaster, war, acts of terrorism, or emergencies of whatever kind or nature:

(1) Prohibit, regulate, or curtail the otherwise lawful possession, carrying, sale, transportation, transfer, defensive use, or other lawful use of any:

(a) Firearm, including any component or accessory;

(b) Ammunition, including any component or accessory;

(c) Ammunition-reloading equipment and supplies; or

(d) Personal weapons other than firearms;

(2) Seize, commandeer, or confiscate in any manner, any:

(a) Firearm, including any component or accessory;

(b) Ammunition, including any component or accessory;

(c) Ammunition-reloading equipment and supplies; or

(d) Personal weapons other than firearms;

(3) Suspend or revoke a permit to carry a concealed pistol issued pursuant to chapter 23-7 , except as expressly authorized in that chapter;

(4) Refuse to accept an application for a permit to carry a concealed pistol, provided the application has been properly completed in accordance with chapter 23-7 ;

(5) Close or limit the operating hours of any entity engaged in the lawful selling or servicing of any firearm, including any component or accessory; ammunition, including any component or accessory; ammunition-reloading equipment and supplies; or personal weapons other than firearms, unless the closing or limitation of hours applies equally to all forms of commerce within the jurisdiction;

(6) Close or limit the operating hours of any indoor or outdoor shooting range; or

(7) Place restrictions or quantity limitations on any entity regarding the lawful sale or servicing of any:

(a) Firearm, including any component or accessory;

(b) Ammunition, including any component or accessory;

(c) Ammunition-reloading equipment and supplies; or

(d) Personal weapons other than firearms.

Nothing in this section precludes a law enforcement officer, who is acting in the lawful discharge of the officer's official duties and with or without a warrant, from temporarily disarming a lawfully detained person, if the officer reasonably believes that doing so is immediately necessary for the protection of the officer or another person. Unless the officer takes the person into custody for engaging in criminal activity or for observation, or unless the officer seizes the item as evidence pursuant to a criminal investigation, the officer shall return any item seized to the person.

Nothing in this section precludes a political subdivision that owns an indoor gun range, open to the public, from closing the indoor range for the period during which a certified range safety officer is unavailable, if the normal operating procedure of the range requires the presence of such a person.

Any person aggrieved by a violation of this section may file an action for damages, injunctive relief, or other appropriate redress in the circuit court having jurisdiction over the county in which the aggrieved person resides or in which the violation occurred.

Source: SL 2021, ch 157, § 1.
S.D. Codified Laws § 34-20H-9 — SD Code / Title 34 / Chapter 20H / Section 34-20H-9
Electronic database of drugs and supplies
Status: in_force

The State Board of Pharmacy shall develop and maintain, for use by prescribers and pharmacists, an electronic database that provides a searchable inventory of prescription drugs and medical supplies donated under this chapter.

The board shall post a current list of participating pharmacies on the board’s website.

Source: SL 2022, ch 137, § 9.
S.D. Codified Laws § 34-38-31 — SD Code / Title 34 / Chapter 38 / Section 34-38-31
Protection against vehicular collision
Status: in_force

Aboveground tanks shall be protected against vehicular collision by suitable barriers.

Source: SL 1991, ch 269, § 9.
S.D. Codified Laws § 34A-1-16 — SD Code / Title 34A / Chapter 1 / Section 34A-1-16
Specification of fuels permitted in state--Violation
Status: in_force

The Board of Minerals and Environment may promulgate rules pursuant to chapter 1-26 that specify the kind or composition of fuels permitted to be sold, stored or used within the state if it is deemed by the board to be necessary for the achievement of ambient air quality standards. Any person who violates these rules is subject to § 34A-1-39 .

Source: SDCL, § 34-16A-16 as added by SL 1973, ch 222, § 2; SDCL Supp, § 34-16A-22.1; SL 1980, ch 238, § 13; SL 1992, ch 158, § 9; SL 1993, ch 256, § 4.
S.D. Codified Laws § 34A-6-1.34 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.34
Enforcement of rules by board through permit procedures--Department as designated agency for purposes of federal laws
Status: in_force

The board may enforce through its permit procedures those rules promulgated by the secretary pursuant to chapter 34-21 that pertain to the land disposal of radioactive substances. The department is designated the agency for all state purposes of the Federal Solid Waste Disposal Act (Public Law 89-272) as amended to January 1, 2011, and the Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616) as amended to January 1, 2011.

Source: SL 1989, ch 306, § 34; SL 2011, ch 165, § 116.
S.D. Codified Laws § 34A-3-8 — SD Code / Title 34A / Chapter 3 / Section 34A-3-8
Vacancy in appointive membership--Termination of membership
Status: in_force

If a vacancy occurs in the appointed membership of the board, the secretary may appoint a member for the remaining portion of the unexpired term created by the vacancy. The membership of any board member who leaves his or her field of employment or who moves from the State of South Dakota automatically terminates.

Source: SL 1970, ch 217, § 6; SDCL Supp, § 36-22A-7; SL 2011, ch 165, § 70.
S.D. Codified Laws § 34A-16-13 — SD Code / Title 34A / Chapter 16 / Section 34A-16-13
County or municipality contracts with district for provision of waste facilities and services--Terms
Status: in_force

Any county or municipality may enter into a contract for any term of years not to exceed ten years as the governing body may determine with any regional recycling and waste management district for provision by the district of solid waste facilities or services. If any contract entered into pursuant to this section extends for more than one year, an appropriation need not have been previously made concerning such expense, except sufficient to cover the amount payable or estimated to become payable under such contract for the first year thereof. Any such contract shall bind all future governing bodies of the county or municipality and thereafter each such governing body shall annually appropriate an amount sufficient to cover the amount payable or estimated to become payable under such contract during the ensuing fiscal year.

Source: SL 1993, ch 259, § 13.
S.D. Codified Laws § 34-20A-98 — SD Code / Title 34 / Chapter 20A / Section 34-20A-98
Possession and administration of opioid antagonists by first responders
Status: in_force

Any first responder trained in compliance with § 34-20A-101 and acting under a standing order issued by a physician licensed pursuant to chapter 36-4 may possess and administer opioid antagonists to a person exhibiting symptoms of an opiate overdose.

Source: SL 2015, ch 179, § 1.
S.D. Codified Laws § 34-26-80 — SD Code / Title 34 / Chapter 26 / Section 34-26-80
Funeral homes--Limitation of liability--Acting in good faith
Status: in_force

No funeral home or funeral director who relies in good faith upon the instructions of an individual claiming the right of disposition shall be subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance with the instructions.

Source: SL 2022, ch 113, § 7.
S.D. Codified Laws § 34A-12-5 — SD Code / Title 34A / Chapter 12 / Section 34A-12-5
Department to perform administrative functions and corrective actions--Disbursements
Status: in_force

The department shall perform all administrative functions relative to the response fund and corrective actions funded by it. Disbursements from the response fund shall be on warrants drawn by the state auditor pursuant to vouchers approved by the secretary.

Source: SL 1988, ch 291, § 6.
S.D. Codified Laws § 34-1-9 — SD Code / Title 34 / Chapter 1 / Section 34-1-9
Divisions and personnel
Status: in_force

The secretary of health shall establish divisions as may be necessary for the proper functioning of the Department of Health and shall appoint all personnel necessary in the operation of the department pursuant to chapter 3-6D .

Source: SL 1949, ch 105, § 2; SL 1951, ch 134, § 3; SL 1957, ch 115, § 2; SDC Supp 1960, § 27.0102; SL 2018, ch 12, § 13.
S.D. Codified Laws § 34A-10-14 — SD Code / Title 34A / Chapter 10 / Section 34A-10-14
Chapter supplementary to other procedures
Status: in_force

This chapter shall be supplementary to existing administrative and regulatory procedures.

Source: SL 1973, ch 144, § 7; SDCL Supp, § 21-10A-14.
S.D. Codified Laws § 34-29B-11.1 — SD Code / Title 34 / Chapter 29B / Section 34-29B-11.1
Fire marshal may prohibit or restrict open burning
Status: in_force

The state fire marshal, after consultation with the Governor and the affected board of county commissioners, may prohibit or restrict open burning within a county in order to protect the public health and safety. This section does not limit or affect the laws of this state relating to the authority of counties or other local entities to prohibit or restrict open burning.

Source: SL 2001, ch 187, § 1.
S.D. Codified Laws § 34A-9-12 — SD Code / Title 34A / Chapter 9 / Section 34A-9-12
Prospective application of chapter
Status: in_force

The requirements of this chapter do not apply to actions undertaken or approved before March 2, 1974.

Source: SL 1974, ch 245, § 7; SDCL Supp, § 11-1A-12; SL 2011, ch 165, § 136.
S.D. Codified Laws § 34-31A-25 — SD Code / Title 34 / Chapter 31A / Section 34-31A-25
Tax proceeds to secretary-treasurer--Surety bond
Status: in_force

Said tax shall be turned over to the secretary - treasurer of the rural fire protection district, who shall have a surety bond in the amount of at least five thousand dollars.

Source: SL 1971, ch 208, § 7 (2).
S.D. Codified Laws § 34-12-29 — SD Code / Title 34 / Chapter 12 / Section 34-12-29
Promulgation of rules regarding nurse aide registration
Status: in_force

The Department of Health and the Board of Nursing may promulgate rules pursuant to chapter 1-26 to provide for the following regarding nurse aide registration:

(1) Education, training, and examination requirements;

(2) Qualifications of nurse aide instructors;

(3) Revocation, denial, or suspension of nurse aide registry status; and

(4) Hearing process.

Source: SL 1990, ch 268; SL 1995, ch 192.
S.D. Codified Laws § 34-20B-113 — SD Code / Title 34 / Chapter 20B / Section 34-20B-113
Severability of provisions and applications
Status: in_force

If a provision of this chapter is held unconstitutional or invalid, all constitutional or valid provisions that are severable shall remain in effect. If a provision of this chapter is held unconstitutional or invalid in one or more of its applications, the provision shall remain in effect in all its valid applications that are severable.

Source: SL 1970, ch 229, § 15; SDCL Supp, § 39-17-154.
S.D. Codified Laws § 34-20E-2.1 — SD Code / Title 34 / Chapter 20E / Section 34-20E-2.1
Prescriber and dispenser registration with program required--Exception
Status: in_force

Any person who has a controlled drug or substance registration pursuant to § 34-20B-29 to prescribe or dispense any controlled drug or substance within this state must register with the program. Veterinarians licensed pursuant to chapter 36-12 are not subject to this requirement. The program shall work with the Department of Health to assure compliance with the requirement.

Source: SL 2017, ch 157, § 5.
S.D. Codified Laws § 34A-8A-7 — SD Code / Title 34A / Chapter 8A / Section 34A-8A-7
Abrogation of certain previous designations
Status: in_force

Designation as a species of management concern abrogates any previous designation as a weed or pest.

Source: SL 2001, ch 191, § 7.
S.D. Codified Laws § 34-14-4 — SD Code / Title 34 / Chapter 14 / Section 34-14-4
Immunity from liability for furnishing information to research agencies
Status: in_force

The furnishing of information described in § 34-14-1 in the course of a research project to the Department of Health, South Dakota State Medical Association, or allied medical societies or their authorized representatives, shall not subject any person, hospital, sanitarium, nursing, or rest home or any such agency to any action for damages or other relief.

Source: SL 1959, ch 134, § 3; SDC Supp 1960, § 27.0117.
S.D. Codified Laws § 34-20-25 — SD Code / Title 34 / Chapter 20 / Section 34-20-25
Landowner permitted to lay out poison for rodents, magpies, and insects
Status: in_force

Section 34-20-24 shall not apply to the laying out of poison for the control of ground squirrels, pocket gophers, mice, prairie dogs, rabbits, and other food, crop, and tree destroying rodents or magpies and insects by a landowner or a lessee on his own land or land controlled by him.

Source: PenC 1877, § 450; CL 1887, § 6651; RPenC 1903, § 464; RC 1919, § 3977; SL 1921, ch 328; SL 1937, ch 191; SDC 1939, § 13.1502.
S.D. Codified Laws § 34-38-28 — SD Code / Title 34 / Chapter 38 / Section 34-38-28
Location requirements for aboveground tanks
Status: in_force

Any aboveground storage tank shall be located at least:

(1) Fifty feet from the nearest important building on the same property;

(2) Fifty feet from any fuel dispenser;

(3) Fifty feet from the nearest side of any public way; and

(4) Fifty feet from any property line that is or may be built upon.

However, distances may be reduced based on site limitations and conditions or quantity of liquid storage at the discretion of the local and division authority having jurisdiction.

Source: SL 1991, ch 269, § 6.
S.D. Codified Laws § 34-20B-64 — SD Code / Title 34 / Chapter 20B / Section 34-20B-64
Drug control fund created--Administration by attorney general--Expenditures--Excess funds
Status: in_force

There is hereby created in the state treasury a special revolving fund to be known as the "drug control fund," which shall be administered by the attorney general. The attorney general may authorize expenditure of moneys in the fund for purchase of controlled drugs and substances, as defined in this chapter, by authorized agents of the attorney general from unregistered dispensers and distributors. All disbursements from the fund shall be made on warrants drawn by the state auditor on vouchers approved by the attorney general. Any moneys in the fund in excess of two hundred fifty thousand dollars shall be available for distribution by the attorney general. Upon application by any local law enforcement agency, any drug law enforcement task force or the division of highway patrol, the attorney general may authorize release of any such available moneys in the fund for the purpose of assisting local law enforcement agencies in drug control and drug offender apprehension efforts.

Source: SL 1976, ch 5, §§ 1 to 3; SDCL Supp, § 39-17-123.1; SL 1990, ch 271.
S.D. Codified Laws § 34-20B-56 — SD Code / Title 34 / Chapter 20B / Section 34-20B-56
State agencies to cooperate with department
Status: in_force

It shall be the duty of all departments, officers, agencies, and employees of the State of South Dakota to cooperate with the Department of Health in carrying out its functions under this chapter or any other act.

Source: SL 1970, ch 229, § 4; SDCL Supp, § 39-17-117.
S.D. Codified Laws § 34-3-26 — SD Code / Title 34 / Chapter 3 / Section 34-3-26
Powers of county board and superintendent vested in full-time department
Status: in_force

The powers and duties of the board of health in a full - time county or district health department shall be the same as those specified for county boards of health and the superintendents thereof as provided for by chapter 34-16 .

Source: SL 1953, ch 129, § 8; SDC Supp 1960, § 27.18A08; SL 2002, ch 168, § 5.
S.D. Codified Laws § 34-24-33 — SD Code / Title 34 / Chapter 24 / Section 34-24-33
Prohibited medical interventions--Definitions
Status: in_force

Terms used in §§ 34-24-34 to 34-24-38 , inclusive, mean:

(1) "Minor," any person under the age of eighteen; and

(2) "Sex,” the biological indication of male and female, as evidenced by sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth.

Source: SL 2023, ch 127, § 1.