S.D. Codified Laws § 34-20B-14 — SD Code / Title 34 / Chapter 20B / Section 34-20B-14
Hallucinogenic substances included in Schedule I
Status: in_force

Any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, is included in Schedule I, unless specifically excepted, whenever the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Bufotenine;

(2) Diethyltryptamine (DET);

(3) Dimethyltryptamine (DMT);

(4) 5-methoxy-N, N-Dimethyltryptamine (5-MeO-DMT);

(5) 5-methoxy-3, 4-methylenedioxy amphetamine;

(6) 4-bromo-2, 5-dimethoxyamphetamine;

(7) 4-methoxyamphetamine;

(8) 4-methoxymethamphetamine;

(9) 4-methyl-2, 5-dimethoxyamphetamine;

(10) Hashish and hash oil;

(11) Ibogaine;

(12) Lysergic acid diethylamide;

(13) Mescaline;

(14) N-ethyl-3-piperidyl benzilate;

(15) N-methyl-3-piperidyl benzilate;

(16) 1-(-(2-thienyl)cyclohexyl) piperidine (TCP);

(17) Peyote, except when used as a sacramental in services of the Native American church, in a natural state that is unaltered, except for drying or curing and cutting or slicing;

(18) Psilocybin, except the pharmaceutical composition of crystalline polymorph psilocybin in a drug product approved by the United States Food and Drug Administration;

(19) Psilocyn;

(20) Tetrahydrocannabinol, except that which occurs in industrial hemp as defined in § 38-35-1 ; in a drug product approved by the United States Food and Drug Administration; or marijuana in its natural and unaltered state; including any compound, except nabilone or compounds listed under a different schedule, structurally derived from 6,6Ν dimethyl-benzo[c]chromene by substitution at the 3-position with either alkyl (C3 to C8), methyl cycloalkyl, or adamantyl groups, whether or not the compound is further modified in any of the following ways:

(a) By partial to complete saturation of the C-ring; or

(b) By substitution at the 1-position with a hydroxyl or methoxy group; or

(c) By substitution at the 9-position with a hydroxyl, methyl, or methylhydoxyl group; or

(d) By modification of the possible 3-alkyl group with a 1,1Ν dimethyl moiety, a 1,1Ν cyclic moiety, an internal methylene group, an internal acetylene group, or a terminal halide, cyano, azido, or dimethylcarboxamido group.

Some trade and other names: JWH-051; JWH-057; JWH-133; JWH-359; HHC; AM-087; AM-411; AM-855, AM-905; AM-906; AM-2389; HU-210; HU-211; HU-243; HU-336;

(21) 3, 4, 5-trimethoxy amphetamine;

(22) 3, 4-methylenedioxy amphetamine;

(23) 3-methoxyamphetamine;

(24) 2, 5-dimethoxyamphetamine;

(25) 2-methoxyamphetamine;

(26) 2-methoxymethamphetamine;

(27) 3-methoxymethamphetamine;

(28) Phencyclidine;

(29) 3, 4-methylenedioxymethamphetamine (MDMA);

(30) 3, 4-methylenedioxy-N-ethylamphetamine;

(31) N-hydroxy-3, 4-methylenedioxyamphetamine;

(32) 4-methylaminorex (also known as 2-Amino-4-methyl/x-5-phenyl-2-oxazoline);

(33) 2,5 Dimethoxy-4-ethylamphetamine;

(34) N,N-Dimethylamphetamine;

(35) 1-(1-(2-thienyl)cyclohexyl)pyrrolidine;

(36) Aminorex;

(37) 4,4′-Dimethylaminorex (4,4′-DMAR; 4,5-dihydro-4-methyl-5-(4-methylphenyl)-2-oxazolamine; 4-methyl-5-(4-methylphenyl)-4,5-dihydro-1,3-oxazol-2-amine);

(38) Cathinone and other variations, defined as any compound, material, mixture, preparation or other product unless listed in another schedule or an approved FDA drug, structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in any of the following ways:

(a) By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by one or more other univalent substitutents;

(b) By substitution at the 3-position with an acyclic alkyl substituent; or

(c) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups or by inclusion of the 2-amino nitrogen atom in a cyclic structure.

Some trade or other names: methcathinone, 4-methyl-N-methylcathinone (mephedrone); 3,4-methylenedioxy-N-methylcathinone (methylone); 3,4-methylenedioxypyrovalerone (MDPV); Naphthylpyrovalerone (naphyrone); 4-flouromethcathinone (flephedrone); 4-methoxymethcathinone (methedrone; Bk-PMMA); Ethcathinone (N-Ethylcathinone); 3,4-methylenedioxyethcathinone (ethylone); Beta-keto-N-methyl-3,4-benzodioxyolybutanamine (butylone); N,N-dimethylcathinone (metamfepramone); Alpha-pyrrolidinopropiophenone (alpha-PPP); 4-methoxy-alpha-pyrrolidinopropiophenone (MOPPP); 3,4-methylenedioxyalphapyrrolidinopropiophenone (MDPPP); Alpha-pyrrolidinovalerophenone (alpha-PVP); 3-fluoromethcathinone; 4Ν-Methyl-alpha-pyrrolidinobutiophenone (MPBP); Methyl-α-pyrrolindinopropiophenone (MPPP); Methyl-α-pyrrolidino-hexanophenone (MPHP); Buphedrone; Methyl-N-ethylcathinone; Pentedrone; Dimethylmethcathinone (DMMC); Dimethylethcathinone (DMEC); Methylenedioxymethcathinone (MDMC); Pentylone; Ethylethcathinone; Ethylmethcathinone; Fluoroethcathinone; methyl-alpha-pyrrolidinobutiophenone (MPBP); Methylecathinone (MEC); Methylenedioxy-alpha-pyrrolidinobutiophenone (MDPBP); Methoxymethcathinone (MOMC); Methylbuphedrone (MBP); Benzedrone (4-MBC); Dibutylone (DMBDB); Dimethylone (MDDMA); Diethylcathinone; Eutylone (EBDB); N-ethyl-N-Methylcathinone; N-ethylbuphedrone, 1-(1,3-benzodioxol-5-yl)2-(ethylamino)pentan-1-one (N-Ethylpentylone); 4'-Methyl-alpha-pyrrolidinopropiophenone (4-MEPPP, MPPP or MαPPP); alpha-Pyrrolidinobutiophenone (α-PBP); 1-(1,3-benzodioxol-5-yl)-2-(tert-butylamino)propan-1-one (Tertylone); 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)hexan-1-one (N-ethyl Hexylone); 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pntan-1-one (Pentylone); N-ethylhexedrone (α ethylaminohexanophenone); alpha-pyrrolidinohexanophenone (α-PHP); 4-methyl-alpha-ethylaminopentiophenone (4-MEAP); 4′-methyl-alpha-pyrrolidinohexiophenone (MPHP); alpha-pyrrolidinoheptaphenone (PV8); 4′-chloro-alpha-pyrrolidinovalerophenone (4-chloro-α-PVP); Alpha-PIHP (4-methyl-1-phenyl-2-(pyrrolindin-1-yl)pentan-1-one;

(39) 2,5-Dimethoxy-4-ethylamphetamine (DOET);

(40) Alpha-ethyltryptamine;

(41) 4-Bromo-2,5-dimethoxy phenethylamine;

(42) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7);

(43) 1-(3-trifluoromethylphenyl) piperazine (TFMPP);

(44) Alpha-methyltryptamine (AMT);

(45) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT);

(46) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);

(47) Synthetic cannabinoids. Any material, compound, mixture, or preparation that is not listed as a controlled substance in another schedule, is not an FDA-approved drug, and contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric), homologues, modifications of the indole ring by nitrogen heterocyclic analog substitution or nitrogen heterocyclic analog substitution of the phenyl, benzyl, naphthyl, adamantly, cyclopropyl, cumyl, or propionaldehyde structure, and salts of isomers, homologues, and modifications, unless specifically excepted, whenever the existence of these salts, isomers, homologues, modifications, and salts of isomers, homologues, and modifications is possible within the specific chemical designation:

(a) Naphthoylindoles. Any compound containing a 2-(1- naphthoyl)indole or 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinhyl)methyl, 2-(4-morpholinyl)ethyl, cyanoalky, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the naphthyl ring to any extent.

Some trade or other names: JWH-015; 1-pentyl-3-(1-naphthoyl)indole (JWH-018); 1-hexyl-3-(1-naphthoyl)indole (JWH-019); 1-butyl-3-(1-naphthoyl)indole (JWH-073); 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081); 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122); 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); JWH-210; JWH-398; 1-pentyl-3-(1-naphthoyl)indole (AM-678); 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201); WIN 55-212; JWH-004; JWH-007; JWH-009; JWH-011; JWH-016; JWH-020; JWH-022; JWH-046; JWH-047; JWH-048; JWH-049; JWH-050; JWH-070; JWH-071; JWH-072; JWH-076; JWH-079; JWH-080; JWH-082; JWH-094; JWH-096; JWH-098; JWH-116; JWH-120; JWH-148; JWH-149; JWH-164; JWH-166; JWH-180; JWH-181; JWH-182; JWH-189; JWH-193; JWH-198; JWH-211; JWH-212; JWH-213; JWH-234; JWH-235; JWH-236; JWH-239; JWH-240; JWH-241; JWH-258; JWH-262; JWH-386; JWH-387; JWH-394; JWH-395; JWH-397; JWH-399; JWH-400; JWH-412; JWH-413; JWH-414; JWH-415; JWH-424; AM-678; AM-1220; AM-1221; AM-1235; AM-2232, THJ-2201;

(b) Naphthylmethylindoles. Any compound containing a 1H-indol-2-yl-(1-naphthyl)methane or 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, cyanoalky, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the naphthyl ring to any extent.

Some trade or other names: JWH-175; JWH-184; JWH-185; JWH-192; JWH-194; JWH-195; JWH-196; JWH-197; JWH-199;

(c) Phenylacetylindoles. Any compound containing a 2-phenylacetylindole or 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, cyanoalky, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the phenyl ring to any extent.

Some trade or other names: 1-cyc lohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18); 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (RCS-8); 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250); 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203); JWH-167; JWH-201; JWH-202; JWH-204; JWH-205; JWH-206; JWH-207; JWH-208; JWH-209; JWH-237; JWH-248; JWH-249; JWH-251; JWH-253; JWH-302; JWH-303; JWH-304; JWH-305; JWH-306; JWH-311; JWH-312; JWH-313; JWH-314; JWH-315; JWH-316; Cannabipiperidiethanone;

(d) Benzoylindoles. Any compound containing a 2-(benzoyl)indole or 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, cyanoalky, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the phenyl ring to any extent.

Some trade or other names: 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694); 1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19); Pravadoline (WIN 48,098); 1-pentyl-3-[(4-methoxy)-benzoyl]indole (RCS-4); AM-630; AM-661; AM-2233; AM-1241;

(e) Naphthoylpyrroles. Any compound containing a 2-(1-naphthoyl)pyrrole or 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, cyanoalky, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the pyrrole ring to any extent and whether or not substituted on the naphthyl ring to any extent.

Some trade or other names: JWH-307; JWH-030; JWH-031; JWH-145; JWH-146; JWH-147; JWH-150; JWH-156; JWH-242; JWH-243; JWH-244; JWH-245; JWH-246; JWH-292; JWH-293; JWH-308; JWH-309; JWH-346; JWH-348; JWH-363; JWH-364; JWH-365; JWH-367; JWH-368; JWH-369; JWH-370; JWH-371; JWH-373; JWH-392;

(f) Naphthylmethylindenes. Any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, cyanoalky, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the indene ring to any extent and whether or not substituted on the naphthyl ring to any extent.

Some trade or other names: JWH-171; JWH-176; JWH-220;

(g) Cyclohexylphenols. Any compound containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not substituted on the cyclohexyl ring to any extent.

Some trade or other names: 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47, 497 and homologues, which includes C8); cannabicyclohexanol; CP-55,490; CP-55,940; CP-56,667;

(h) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol. Some trade or other names: HU-210;

(i) 2,3-Dihydro-5-methyl-3-(4-m orpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenyl. Some trade or other names: WIN 55, 2 12-2 ;

(j) Substituted Acetylindoles. Any compound containing a 2-acetyl indole or 3-acetyl indole structure substituted at the acetyl by replacement of the methyl group with a tetramethylcyclopropyl, adamantyl, benzyl, cumyl, or propionaldehyde substituent whether or not further substituted on the tetramethylcyclopropyl, adamantyl, benzyl, cumyl, or propionaldehyde substituent to any extent and whether or not further substituted at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group whether or not further substituted on the indole ring to any extent.

Some trade and or names: (1-Pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144); (1-(5-fluoropentyl)indol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (XLR-11); (1-(2-morpholin-4-ylethyl)-1H-indol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (A-796,260); 1-[(N-methylpiperidin-2-yl)methyl]-3-(adamant-1-oyl)indole (AM-1248); 1-Pentyl-3-(1-adamantoyl)indole (AB-001 and JWH-018 adamantyl analog); AM-679; (1-(4-fluorobenzyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (FUB-144);

(k) Substituted Carboxamide Indole. Any compound containing a 2-carboxamide indole or 3-carboxamide indole structure substituted at the nitrogen of the carboxamide with a tetramethylcyclopropyl, naphthyl, adamantyl, cumyl, phenyl, or propionaldehyde substituent, whether or not further substituted on the tetramethylcyclopropyl, adamantyl, cumyl, naphthyl, phenyl, or propionaldehyde substituent to any extent and whether or not further substituted at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group whether or not further substituted on the indole ring to any extent.

Some trade and other names: JWH-018 adamantyl carboxamide; STS-135; MN-18; 5-Fluoro-MN-18, 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo[2,3-b]pyridine-3-carboxamide (5F-CUMYL-P7AICA) ; N-(Adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (5F-APINACA); methyl (2R)-2-[[1-(5-fluoropentyl)indazole-3-carbonyl]amino]-3,3-dimethylbutanoate (5F-ADB); N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)indazole-3-carboxamide (AB-CHMINACA); 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (4-CN-CUMYL-BUTINACA); N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)indazole-3-carboxamide (ADB-CHMINACA or MAB-CHMINACA); methyl (2S)-2-[[1-[4-fluorophenyl)methyl]indazole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-FUBINACA); methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3-methylbutanoate (MMB-CHMICA); methyl (2S)-2-[[1-[4-fluorophenyl)methyl]indazole-3-carbonyl]amino]-3-methylbutanoate (AMB-FUBINACA); Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate (5F-AMB); methyl 2-(1-(5-fluoropentyl-1Hindole-3-carboxamido)-3,3-dimethylbutaoate (5F-MDMB-PICA); methyl (S)-3,3-dimethyl-2-[(1-(pent-4-enlindazole-3-carbonyl)amino]butanoate (MDMB-4en-PINACA); methyl 2-(1-(4-fluorobutyl)-1H-indazole-3carboxamido)-3,3-dimethylbutanoate (4F-MDMB-BUTINACA); Ethyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (5F-EDMB-PINACA); Methyl 2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate S(5F-MDMB-PICA); N-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (FUB-APINACA); 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (5F-CUMYL-PINACA); and

(l) Substituted Carboxylic Acid Indole. Any compound containing a 1H-indole-2-carboxylic acid or 1H-indole-3-carboxylic acid substituted at the hydroxyl group of the carboxylic acid with a phenyl, benzyl, naphthyl, adamantyl, cyclopropyl, quinolinyl, isquinolinyl, cumyl, or propionaldehyde substituent whether or not further substituted on the phenyl, benzyl, naphthyl, adamantyl, cyclopropyl, cumyl, quinolinyl, isquinolinyl, or propionaldehyde substituent to any extent and whether or not further substituted at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, tetrahydropyranylmethyl, benzyl, or halo benzyl group whether or not further substituted on the indole ring to any extent.

Some trade and other names: Naphthalen-1-yl 1-(5-fluoropntyl)-1H-indole-3-carboxylate (NM2201);

(48) 6,7-dihydro-5H-indeno-(5,6-d)-1,3-dioxol-6-amine) (MDAI);

(49) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);

(50) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D);

(51) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);

(52) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);

(53) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2);

(54) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4);

(55) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);

(56) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);

(57) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P);

(58) Substituted phenethylamine. Any compound, unless specifically exempt, listed as a controlled substance in another schedule or an approved FDA drug, structurally derived from phenylethan-2-amine by substitution on the phenyl ring in any of the following ways: by substitution with a fused methylenedioxy, fused furan, or fused tetrahydrofuran ring system; by substitution with two alkoxy groups; by substitution with one alkoxy and either one fused furan, tetrahydrofuran, or tetrahydropyran ring system; by substitution with two fused ring systems from any combination of the furan, tetrahydrofuran, or tetrahydropyran ring systems; whether or not the compound is further modified in any of the following ways:

(a) By substitution on the phenyl ring by any halo, hydroxyl, alkyl, trifluoromethyl, alkoxy, or alkylthio groups;

(b) By substitution on the 2-position by any alkyl groups; or

(c) By substitution on the 2-amino nitrogen atom with acetyl, alkyl, dialkyl, benzyl, methoxybenzyl, or hydroxybenzyl groups.

Some trade and other names: 2-(2,5-dimethoxy-4-(methylthio)phenyl)ethanamine (2C-T or 4-methylthio-2,5-dimethoxyphenethylamine); 1-(2,5-dimethoxy-4-iodophenyl)-propan-2-amine (DOI or 2, 5-Dimethoxy-4-iodoamphetamine); 1-(4-Bromo-2,5-dimethoxyphenyl)-2-aminopropane (DOB or 2,5-Dimethoxy-4-bromoamphetamine); 1-(4-chloro-2,5-dimethoxy-phenyl)propan-2-amine (DOC or 2,5-Dimethoxy-4-chloroamphetamine); 2-(4-bromo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (2C-B-NBOMe; 25B-NBOMe or 2,5-Dimethoxy-4-bromo-N-(2-methoxybenzyl)phenethylamine); 2-4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (2C-I-NBOMe; 25I-NBOMe or 2,5-Dimethoxy-4-iodo-N-(2-methoxybenzyl)phenethylamine); N-(2-Methoxybenzyl)-2-(3,4,5-trimethoxypheny (Mescaline-NBOMe or 3,4,5-trimethoxy-(2-methoxybenzyl)phenethylamine); 2-(4-chloro-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (2C-C-NBOMe; 25C-NBOMe or 2,5-Dimethoxy-4-chloro-N-(2-methoxybenzyl)phenethylamine); 2-(7-Bromo-5-methoxy-2,3-dihydro-1-benzofuran-4-yl)ethanamine (2CB-5-hemiFLY); 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine (2C-B-FLY); 2-(10-Bromo-2,3,4,7,8,9-hexahydropyrano[2,3-g]chromen-5-yl)ethanamine (2C-B-butterFLY); -(2-Methoxybenzyl)-1-(8-bromo-2,3,6,7-tetrahydrobenzo[1,2-b:4,5-bΝ]difuran-4-yl)-2-aminoethane (2C-B-FLY-NBOMe); 1-(4-Bromofuro[2,3-f][1]benzofuran-8-yl)propan-2-amine (bromo-benzodifuranyl-isopropylamine or bromo-dragonFLY); -(2-Hydroxybenzyl)-4-iodo-2,5-dimethoxyphenethylamine (2C-I-NBOH or 25I-NBOH); 5-(2-Aminoprpyl)benzofuran (5-APB); 6(2-Aminopropyl)benzofuran (6-APB); 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB); 6-(2-Aminopropyl)-2,3,-dihydrobenzofuran (6-APDB); para-methoxymethamphetamine (PMMA);

(59) Substituted tryptamines. Any compound, unless specifically exempt, listed as a controlled substance in another schedule or an approved FDA drug, structurally derived from 2-(1H-indol-3-yl)ethanamine by mono- or di-substitution of the amine nitrogen with alkyl or alkenyl groups or by inclusion of the amino nitrogen atom in a cyclic structure whether or not the compound is further substituted at the alpha-position with an alkyl group or whether or not further substituted on the indole ring to any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy groups.

Some trade and other names: 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT); 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT or O-Acetylpsilocin); 4-hydroxy-N-methyl-N-ethyltryptamine (4-HO-MET); 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DIPT); 5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT);

(60) Naphthalen-1-yl-(4-pentyloxynaphthalen-1-yl)methanone (CB-13);

(61) N-Adamantyl-1-pentyl-1H-Indazole-3-carboxamide (AKB 48);

(62) 1-(4-Fluorophenyl)piperazine (pFPP);

(63) 1-(3-Chlorophenyl)piperazine (mCPP);

(64) 1-(4-Methoxyphenyl)piperazine (pMeOPP);

(65) 1,4-Dibenzylpiperazine (DBP);

(66) Isopentedrone;

(67) Fluoromethamphetamine;

(68) Fluoroamphetamine;

(69) Fluorococaine;

(70) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);

(71) 1-(5-fluoropentyl)-8-quinolinyl ester-1H-indole-3-carboxylic acid (5 Fluoro-PB-22);

(72) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (AB-PINACA);

(73) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (5 Fluoro-AB-PINACA);

(74) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (AB-FUBINACA);

(75) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indole-3-carboxamide (ADB-PINACA (ADBICA));

(76) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indole-3-carboxamide (5 Fluoro-ADB-PINACA (5 Fluoro-ADBICA));

(77) N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (ADB-FUBINACA);

(78) N-(1-carbamoyl-2-methyl-propyl)-2-(5-fluoropentyl)-5-(4-fluorophenyl)pyrazole-3-carboxamide (5-Fluoro-3,5-AB-PFUPPYCA); and

(79) 2-(ethylamino)-2-(3-methoxyphenyl)cyclohexan-1-one (methoxetamine).

Source: SL 1970, ch 229, § 8(a)(1); SDCL Supp, § 39-17-57; SL 1973, ch 259; SL 1976, ch 158, §§ 42-12, 42-13; SL 1977, ch 315, § 3; SL 1979, ch 238, § 1; SL 1987, ch 255, § 2; SL 1988, ch 282, § 2; SL 1989, ch 293, § 2; SL 1990, ch 270, § 1; SL 1993, ch 247, § 1; SL 1994, ch 278, § 2; SL 2003, ch 183, § 2; SL 2004, ch 230, § 1; SL 2011, ch 160, § 1, eff. Feb. 24, 2011; SL 2012, ch 183, § 1, eff. Feb. 23, 2012; SL 2013, ch 156, § 4, eff. Mar. 6, 2013; SL 2014, ch 165, § 1, eff. Feb. 10, 2014; SL 2015, ch 180, § 1, eff. Feb. 18, 2015; SL 2019, ch 148, § 3, eff. Feb. 19, 2019; SL 2020, ch 176, § 24, eff. Mar. 27, 2020; SL 2021, ch 144, § 3, eff. Feb. 17, 2021; SL 2022, ch 109, § 2, eff. Feb. 9, 2022; SL 2023, ch 119, § 2, eff. Feb. 9, 2023; SL 2025, ch 139, § 2, eff. Feb. 18, 2025; SL 2026, ch 149, § 1.
S.D. Codified Laws § 34-26A-35 — SD Code / Title 34 / Chapter 26A / Section 34-26A-35
Penalties
Status: in_force

It is a Class 1 misdemeanor to:

(1) Operate a crematory that is not licensed in accordance with this chapter;

(2) Perform a cremation without first obtaining a completed and signed authorization to cremate form; or

(3) Sign an authorization to cremate form with the knowledge that the form contains false or misleading information.

Source: SL 1988, ch 283, § 35; SL 2023, ch 129, § 28.
S.D. Codified Laws § 34A-16-16 — SD Code / Title 34A / Chapter 16 / Section 34A-16-16
District's interest in real or personal property
Status: in_force

A district may acquire by purchase, lease, condemnation, gift, or grant, any right, title, and interest in and to any real or personal property deemed necessary for the exercise of its powers or the accomplishment of its purposes, including easements. Any public agency as defined in § 1-24-1 may convey to or permit the use of any property or facilities by the district, subject to the rights of the holders of any bonds issued with respect thereto, with or without compensation and without an election or approval by any other government agency. The district may hold the property for its purposes, and may lease, rent, or enter into contracts with respect to the property upon the terms and in the manner it deems advisable. The right to acquire lands and property rights by condemnation shall be exercised in accordance with chapter 21-35 .

Source: SL 1993, ch 259, § 16.
S.D. Codified Laws § 34-8-20 — SD Code / Title 34 / Chapter 8 / Section 34-8-20
Monthly payment of hospital receipts into fund--Use of surplus in fund
Status: in_force

The board of trustees shall at least once in each month pay to the county treasurer all moneys received by them as hospital fees or otherwise, which shall be by him deposited in the county hospital fund, which fund shall be available for the payment of any expenses incurred in operating such county hospital. The county commissioners may appropriate by resolution any surplus moneys in the county hospital fund for the purpose of constructing or renovating hospital facilities or equipping such facilities.

Source: SL 1919, ch 282; SL 1929, ch 210, § 9; SDC 1939, § 27.1905; SL 1970, ch 196; SL 1985, ch 77, § 20.
S.D. Codified Laws § 34-26-47 — SD Code / Title 34 / Chapter 26 / Section 34-26-47
Hospital protocol for identifying potential organ donors
Status: in_force

A hospital shall establish written protocols for the identification of potential human organ, eye, and tissue donors that:

(1) Assure that families of potential donors are made aware of the option of organ, eye, and tissue donation and their option to decline;

(2) Encourage discretion and sensitivity with respect to the circumstances, views, and beliefs of such families;

(3) Require that an organ procurement agency designated by the United States secretary of health and human services be notified of potential organ donors; and

(4) Require that an eye and tissue organization designated by the hospital be notified of potential eye and tissue donors.

Source: SL 1992, ch 249, § 1; SL 1995, ch 197, § 5.
S.D. Codified Laws § 34-23-8 — SD Code / Title 34 / Chapter 23 / Section 34-23-8
Service of criminal sentence not interfered with
Status: in_force

Nothing contained in § 34-23-6 or 34-23-7 shall be construed to interfere with the service of any sentence imposed by a court as a punishment for the commission of crime.

Source: SL 1919, ch 284, § 4; SDC 1939, § 27.2404.
S.D. Codified Laws § 34-12C-6 — SD Code / Title 34 / Chapter 12C / Section 34-12C-6
Rights of authorized person as incapacitated person
Status: in_force

The informed consent of the person authorized under this chapter to make a health care decision shall, for all purposes, be deemed the informed consent of the incapacitated person. The person has the same right as does the incapacitated person to receive information relevant to the proposed health care, and to receive, review, and consent to the disclosure of medical records. Disclosure of information regarding contemplated health care to a person authorized to make a health care decision for an incapacitated person is not a waiver of any evidentiary privilege or of a right to assert confidentiality.

Source: SL 1990, ch 222, § 6.
S.D. Codified Laws § 34A-5-21.2 — SD Code / Title 34A / Chapter 5 / Section 34A-5-21.2
Residency of district trustees
Status: in_force

To serve as a trustee of a sanitary district that has one hundred or more residents, the person shall be a resident of the sanitary district.

To serve as a trustee of a sanitary district with less than one hundred residents, a person shall be a resident of the sanitary district or a United States citizen who owns real property within the boundaries of the sanitary district.

Source: SL 1988, ch 288, § 2; SL 2011, ch 165, § 89; SL 2019, ch 160, § 2.
S.D. Codified Laws § 34-16-21 — SD Code / Title 34 / Chapter 16 / Section 34-16-21
Hearing--Time--Issuance of order--Appeal
Status: in_force

Any hearing before the board of county commissioners requested pursuant to § 34-16-19 shall be held during an open session of the board of county commissioners and shall be held no later than forty - five days after filing of the request for hearing. Following hearing, the board of county commissioners shall issue an appropriate order, including a statement of any corrective action which the board deems necessary. A decision of the board may be appealed to the circuit court in accordance with the provisions of chapter 7-8 .

Source: SL 1986, ch 279, § 3.
S.D. Codified Laws § 34A-5-36 — SD Code / Title 34A / Chapter 5 / Section 34A-5-36
Rates and charges for sanitary services--Measures for protection of bondholders
Status: in_force

The board of trustees may:

(1) Fix reasonable rates and charges for services furnished and made available by the district to users of its facilities;

(2) Provide for the collection of the charges;

(3) Pledge the net revenues derived from the charges to the payment of bonds made payable wholly or partly from the revenues; and

(4) Make and enforce on behalf of the district all covenants relating to:

(a) The proper operation and maintenance of the facilities;

(b) Insurance against hazards of loss and liability;

(c) The administration, expenditure and auditing of the income and revenues of the district;

(d) The expenditure of the bond proceeds; and

(e) All other matters affecting the security of the bonds, which the board of trustees determines to be necessary or desirable for the purpose of selling the bonds upon terms advantageous to the district and maintaining its credit and ability to engage in further financing when and as necessary.

Source: SL 1953, ch 268; SDC Supp 1960, § 45.3815 (8); SL 1964, ch 144, § 7; SDCL § 34-17-29; SL 2011, ch 165, § 96.
S.D. Codified Laws § 34-45-18.7 — SD Code / Title 34 / Chapter 45 / Section 34-45-18.7
Promulgation of rules regarding returns, records, and audits
Status: in_force

The secretary of the Department of Revenue may promulgate rules, pursuant to chapter 1-26 , concerning:

(1) The filing of returns and payment of the surcharges imposed by this chapter;

(2) Determining the application of the surcharges imposed by this chapter;

(3) Record-keeping requirements; and

(4) Determining auditing methods.

Source: SL 2012, ch 188, § 20.
S.D. Codified Laws § 34-25-34 — SD Code / Title 34 / Chapter 25 / Section 34-25-34
Burial-transit permit issued out-of-state as authority for final disposition
Status: in_force

A burial - transit permit issued under the law of another state which accompanies a dead body or fetus brought into this state shall be the authority for final disposition of the body or fetus in this state.

Source: SL 1931, ch 267, § 5; SDC 1939, § 27.0211; SL 1972, ch 194, § 30.
S.D. Codified Laws § 34A-11-2 — SD Code / Title 34A / Chapter 11 / Section 34A-11-2
Definitions
Status: in_force

Terms as used in this chapter mean:

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

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

(3) "Disposal," the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land, air, or water so that such hazardous waste or any constituent thereof may enter the environment, or be emitted into air, or discharged into any waters, including groundwaters;

(4) "Hazardous waste," a solid waste and combination of solid wastes, as defined in subdivision 34A-6-1.3 (17), which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed but does not include radioactive materials regulated pursuant to chapter 34-21 ;

(5) "Hazardous waste management," the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous waste;

(6) "Hazardous waste management facility," any facility for the collection, source separation, storage, transportation, transfer, processing, treatment, recovery, or disposal of hazardous wastes, whether such facility is associated with facilities generating such wastes or otherwise;

(7) "Manifest," the form used for identifying the quantity, composition, and the origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage;

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

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

(10) "Storage," the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste;

(11) "Treatment," any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to render such waste less hazardous or nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it less hazardous or nonhazardous.

Source: SL 1983, ch 262, § 2; SL 1984, ch 243, § 9; SL 1987, ch 29, § 21; SL 1989, ch. 306, §§ 1, 4; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1994, ch 351, § 71; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-5-44 — SD Code / Title 34A / Chapter 5 / Section 34A-5-44
Appeal to circuit court from denial of annexation or exclusion of territory--Notice, hearing and order of court
Status: in_force

Upon failure of the board of trustees to grant the request contained in the petition of the voters, the petitioners or any party feeling aggrieved thereby may within thirty days after the decision of the board of trustees or county commissioners, or within ninety days after the filing of the petition if no action has been taken on the petition by the board, present their petition or appeal to the circuit court for the county in which the district or the greater portion of the district is situated by filing the petition or appeal with the clerk of courts. Notice of the filing shall be served by the petitioners upon the president of the board of trustees together with a notice of the time and place, when and where a hearing will be held on the petition, at least ten days before the date of the hearing. If the court finds that the request of the petitioners ought to be granted and can be granted without injustice to the district, the court shall so order. If the court finds against the petitioners, the petition or appeal shall be dismissed at the cost of the petitioners.

Source: SL 1967, ch 227, § 3; SDCL § 34-17-37; SL 2011, ch 165, § 104.
S.D. Codified Laws § 34A-5-22 — SD Code / Title 34A / Chapter 5 / Section 34A-5-22
Organization of board of trustees--President--Meetings
Status: in_force

The members of the board of trustees shall organize by electing one of the members to serve as president. The president shall preside over all meetings of the board and shall call all special meetings of the board if the president or a majority of the board deems such a meeting necessary. If the president fails or refuses to call a special meeting, a special meeting may be called by a majority of the board.

Source: SL 1947, ch 226, § 16; SDC Supp 1960, § 45.3816; SDCL § 34-17-19; SL 1976, ch 215, § 1; SL 2011, ch 165, § 90.
S.D. Codified Laws § 34-5-11.2 — SD Code / Title 34 / Chapter 5 / Section 34-5-11.2
Hearing--Destroying or denaturing order--Judicial review
Status: in_force

The owner may request a hearing, pursuant to chapter 1-26 , which must be granted and held within ten days of a removal order. Based upon the hearing, the Department of Health may issue a destroying or denaturing order. The owner may appeal to the circuit court within three days of the order.

Source: SL 1980, ch 238, § 6.
S.D. Codified Laws § 34-23A-58.2 — SD Code / Title 34 / Chapter 23A / Section 34-23A-58.2
Pregnancy help centers placed on registry before January 1, 2012
Status: in_force

Any pregnancy help center which has been placed on the registry of pregnancy help centers maintained by the Department of Health before January 1, 2012, shall remain on the registry of the Department of Health and is eligible to provide the counseling and interviews described in §§ 34-23A-53 to 34-23A-62 for pregnancy help centers until January 1, 2013. Thereafter, each pregnancy help center shall remain on the state registry of the Department of Health and maintain its eligibility to provide the counseling and interviews by submitting to the Department of Health the supplemental affidavit provided for in § 34-23A-58.1 .

Source: SL 2012, ch 186, § 5.
S.D. Codified Laws § 34-20G-21 — SD Code / Title 34 / Chapter 20G / Section 34-20G-21
Custody and visitation rights--Child neglect or endangerment
Status: in_force

No person may be denied custody of, visitation rights with, or parenting time with a minor solely because the person is a cardholder. There is no presumption of neglect or child endangerment for conduct allowed under this chapter, unless the person's behavior creates an unreasonable danger to the safety of the minor. Nothing in this chapter supersedes or otherwise affects custody decisions, visitation rights, or parenting time based upon the best interests of the child.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 123, § 1.
S.D. Codified Laws § 34A-5-21.3 — SD Code / Title 34A / Chapter 5 / Section 34A-5-21.3
Published notice of vacancies--Content--Timeliness
Status: in_force

The board of trustees shall publish a notice in the official newspaper of the sanitary district setting forth the vacancies which will occur by termination of the terms of office of elective officers. The notice shall also state the time and place where nominating petitions may be filed for such offices. The notice shall be published once each week for two consecutive weeks. The first notice shall be published not less than thirty days prior to the deadline for filing nominating petitions.

Source: SL 1990, ch 284, § 2.
S.D. Codified Laws § 34A-5-5 — SD Code / Title 34A / Chapter 5 / Section 34A-5-5
Survey, map, and census made available for public examination
Status: in_force

The survey and map when completed shall be left at some convenient public place, to be designated by the county auditor of the county in which the application for incorporation is to be filed, within the territory for a period of not less than twenty days for examination by any person having an interest in the application.

Source: SL 1947, ch 226, § 4; SDC Supp 1960, § 45.3804; SL 1964, ch 144, § 2; SDCL, § 34-17-5; SL 1998, ch 36, § 40.
S.D. Codified Laws § 34-26A-23.2 — SD Code / Title 34 / Chapter 26A / Section 34-26A-23.2
Cremated remains--Shipping options
Status: in_force

Any crematory shipping cremated remains shall use a mail or delivery service that provides package tracking and requires an authorized signature upon delivery to the recipient's address.

A crematory may not be held liable for the loss or misplacement of any cremated remains after acceptance, by the mail or delivery service, of the package containing the remains.

Source: SL 2023, ch 129, § 22.
S.D. Codified Laws § 34-20C-4 — SD Code / Title 34 / Chapter 20C / Section 34-20C-4
Persons entitled to bring action
Status: in_force

Any of the following persons may bring an action for damages caused by another person's use of an illegal drug:

(1) A parent, legal guardian, child, spouse, or sibling of the individual drug user;

(2) Any person who was exposed to an illegal drug in utero;

(3) An employer of the user;

(4) A medical facility, insurer, governmental entity, employer, or other entity that funds a drug treatment program or employee assistance program for the user or that otherwise expended money on behalf of the user;

(5) Any person injured as a result of the willful, reckless, or negligent actions of a user.

Source: SL 1997, ch 203, § 5.
S.D. Codified Laws § 34-12G-13 — SD Code / Title 34 / Chapter 12G / Section 34-12G-13
Incentive payment
Status: in_force

A health care professional who fulfills the requirements of the recruitment assistance program established pursuant to §§ 34-12G-10 to 34-12G-17 , inclusive, is entitled to receive an incentive payment not to exceed ten thousand dollars.

Source: SL 2012, ch 180, § 4.
S.D. Codified Laws § 34A-16-28 — SD Code / Title 34A / Chapter 16 / Section 34A-16-28
Issuance of revenue bonds--Payment--Revenues--Powers of commission
Status: in_force

A regional recycling and waste management district may issue revenue bonds for the acquisition or betterment of facilities for the district's solid waste management program, for closure, postclosure, and contingency costs for solid waste facilities, for responses to releases from solid waste facilities, and for refunding outstanding revenue bonds. The district's revenue bonds may be payable from net revenues in excess of current reasonable and necessary costs of operation and maintenance or from gross revenues. Gross and net revenues may be derived from general rates and charges established as provided in § 34A-16-20 and from payments from contracts pursuant to §§ 34A-16-12 , 34A-16-13 , 34A-16-19 , and 34A-16-20 . The district may irrevocably pledge and appropriate for the payment of the revenue bonds and interest thereof the gross or net revenues from the operation of all or any defined portion of the solid waste management program and the proceeds of any state or federal grant or loan, and by resolution of the board or by an indenture executed under its authority may make any and all covenants with the bondholders, or with a trustee for the bondholders, which are determined by the district to be necessary or proper to assure the marketability of the bonds, the completion of the facilities financed thereby, the segregation of the revenues pledged in a special account in the solid waste management fund and the establishment, maintenance, and collection of rates and charges sufficient to produce net revenues adequate to pay the bonds and interest thereon when due and to create and maintain a reserve for that purpose, and may mortgage the site and facilities to the trustee. Any holder of bonds issued pursuant to this chapter may by proper proceeding enforce and compel performance of all duties required by this chapter, including the making and collecting of sufficient rates, the segregation of the income and revenue and the proper application thereof. Notwithstanding the provisions and limitations of § 34A-16-9 , a district may covenant and agree with bondholders that the rates to be charged for the service from the district shall be sufficient to provide for the payment of interest upon all bonds and to create a debt service fund to pay the principal thereof as and when the same becomes due, and to provide for the operation and maintenance and repairs thereof and depreciation, and shall be revised from time to time so as to produce these amounts. The bonds shall be authorized, issued, and sold as provided in chapter 6-8B , but no election is required for the issuance of the bonds. The board of commissioners of the district may agree with the holders of district obligations which are secured by revenues of the district as to the maximum amounts which the district may charge and collect for service provided by the district. The district may also authorize the issuance of bond anticipation notes in accordance with the provisions of §§ 6-8B-26 to 6-8B-29 , inclusive.

Source: SL 1993, ch 259, § 30.
S.D. Codified Laws § 34-55-5 — SD Code / Title 34 / Chapter 55 / Section 34-55-5
Grant funds--Use
Status: in_force

Grant funds may be used for:

(1) Costs and expenses associated with hosting and coordinating an eligible training;

(2) Per diem for food and lodging, at the rate established under § 3-9-2 , for each full day a person provides or participates in a training funded under this grant; and

(3) Mileage, at the rate established under § 3-9-1 , to and from the training for each person that provides or participates in a training funded under this grant.

Source: SL 2021, ch 160, § 5, eff. Mar. 25, 2021.
S.D. Codified Laws § 34-12D-25 — SD Code / Title 34 / Chapter 12D / Section 34-12D-25
Cause of action for compensatory and punitive damages for assisting suicide
Status: in_force

Any person given standing by subdivision 34-12D-24(1) or (2) or the person who would have committed suicide, in the case of an attempt, may maintain a cause of action against any person who violates or attempts to violate § 22-16-37 for compensatory damages and punitive damages. An action under this section may be brought whether or not the plaintiff had prior knowledge of the violation or attempt.

Source: SDCL § 22-16-37.3; SL 2005, ch 120, § 170.
S.D. Codified Laws § 34-31-4 — SD Code / Title 34 / Chapter 31 / Section 34-31-4
Municipal contracts with other agencies for fire protection
Status: in_force

Every municipality shall have power when and to the extent deemed expedient by its governing body, to enter into contracts for the furnishing of fire - fighting equipment and protection for the municipality, with any other political subdivision or subdivisions or with any nonprofit fire protection corporation or association legally organized, provided that any contracts so entered shall extend for a term of not to exceed ten years. The term "nonprofit fire protection corporation or association" as used herein shall include any corporation or association legally organized for the primary purpose of providing fire - fighting equipment and protection for a particular political subdivision or subdivisions, and operated on a nonprofit basis. Such contracts may be entered into with political subdivisions of adjoining states when reciprocal agreements between the contracting parties have been provided.

Source: SDC Supp 1960, § 45.0201-1 (22) as added by SL 1961, ch 244, § 1; SL 1971, ch 206, § 3.
S.D. Codified Laws § 34-23A-35 — SD Code / Title 34 / Chapter 23A / Section 34-23A-35
Submission of physician's information report
Status: in_force

By January fifteenth of each year, each physician who performed or treated an induced abortion during the previous calendar year or the physician's agent, shall submit to the department a copy of the physicians' information report described in § 34-23A-34 with the requested data entered accurately and completely.

Source: SL 1998, ch 209, § 2; SL 2004, ch 234, § 2.
S.D. Codified Laws § 34A-13-8.4 — SD Code / Title 34A / Chapter 13 / Section 34A-13-8.4
Defense costs of certain third-party claims
Status: in_force

In addition to the amounts set forth in this chapter, the department shall provide the defense of third - party claims and all costs related thereto for claims of covered parties arising under this chapter, including attorneys' fees. However, the department may not provide the defense of third - party claims and costs relating thereto, including attorneys' fees, if the coverage limit under this section is exhausted by judgments, settlements, or corrective action costs prior to the commencement of a civil action by the third - party claimant against the covered party.

Source: SL 1992, ch 260, § 8; SL 2024, ch 146, § 6.
S.D. Codified Laws § 34-20-26 — SD Code / Title 34 / Chapter 20 / Section 34-20-26
Federal program for rodent, magpie, and insect control unimpaired
Status: in_force

Nothing in § 34-20-24 shall be construed to prohibit or interfere with the Fish and Wildlife Service of the United States Department of the Interior from laying out poison for the control of ground squirrels, pocket gophers, mice, prairie dogs, rabbits, and other food, crop, and tree destroying rodents or magpies.

Nothing in § 34-20-24 shall be construed to prohibit or interfere with departments of the State of South Dakota, boards of county commissioners, officers of organized townships, and incorporated municipalities from laying out poison for the control of the above named rodents and magpies and insects when co - operating with and acting on the advice of said Fish and Wildlife Service of the United States Department of the Interior.

Source: SL 1937, ch 191; SDC 1939, § 13.1502.
S.D. Codified Laws § 34A-5-27 — SD Code / Title 34A / Chapter 5 / Section 34A-5-27
Employment of personnel for district--Professional assistance
Status: in_force

The board of trustees may employ and prescribe the duties and fix the compensation of all necessary officers and employees of the sanitary district, and may employ such additional engineering, legal, financial, and other professional assistance as the board deems necessary.

Source: SL 1947, ch 226, § 15; SL 1953, ch 268; SDC Supp 1960, § 45.3815 (5); SL 1964, ch 144, § 7; SDCL § 34-17-23; SL 2011, ch 165, § 91.
S.D. Codified Laws § 34-23A-10.3 — SD Code / Title 34 / Chapter 23A / Section 34-23A-10.3
Publication of educational materials
Status: in_force

The health department shall publish, in culturally sensitive languages, the following printed materials, in such a way as to ensure that the information is easily comprehensible:

(1) Materials designed to inform the pregnant woman of all the disclosures enumerated in § 34-23A-10.1 ;

(2) Materials designed to inform the pregnant woman of public and private agencies and services available to assist a pregnant woman through pregnancy, upon childbirth and while the child is dependent, including adoption agencies, which shall include a list of the agencies available and a description of the services they offer;

(3) Materials designed to inform the pregnant woman of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time when a pregnant woman can be known to be pregnant to full term, including any relevant information on the possibility of the unborn child's survival and pictures or drawings representing the development of unborn children at two-week gestational increments. Such pictures or drawings shall contain the dimensions of the fetus and shall be realistic and appropriate for the stage of pregnancy depicted. The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages; and

(4) Materials designed to inform the pregnant woman that: "If someone is sexually abusing you or causing you to exchange sex for something of value, and you want help, call 911, text or call the number provided on this notice.".

The materials shall be printed in a typeface large enough to be clearly legible and shall be available at no cost from the Department of Health upon request and in appropriate number to any person, facility, or hospital.

Source: SL 1993, ch 249, § 5; SL 2005, ch 186, § 9; SL 2017, ch 160, § 2; SL 2021, ch 149, § 2.
S.D. Codified Laws § 34-23A-30 — SD Code / Title 34 / Chapter 23A / Section 34-23A-30
Money damages in partial-birth abortion
Status: in_force

Civil relief pursuant to § 34-23A-29 includes money damages for all injuries, psychological or physical, that are proximately caused by a partial - birth abortion in violation of § 34-23A-27 . Any plaintiff with standing to sue pursuant to § 34-23A-29 who has paid for the costs of a partial - birth abortion may recover treble the costs in damages.

Source: SL 1997, ch 129, § 4.
S.D. Codified Laws § 34-20G-56 — SD Code / Title 34 / Chapter 20G / Section 34-20G-56
County and municipality limitation on number of medical cannabis establishments
Status: in_force

If the governing body of a county has enacted a numerical limit on the number of medical cannabis establishments in the county and a greater number of applicants seek registration, the department shall solicit and consider input from the county as to its preference for registration.

If the governing body of a municipality has enacted a numerical limit on the number of medical cannabis establishments in the municipality, and a greater number of applicants seek registration, the department shall solicit and consider input from the municipality as to its preference for registration.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 137, § 1.
S.D. Codified Laws § 34A-3-9 — SD Code / Title 34A / Chapter 3 / Section 34A-3-9
Chairman and officers of board--Secretary
Status: in_force

Each year the board shall select from its membership a chairman and such other officers as may be needed to conduct business. The secretary shall designate a member of the department staff as secretary of the board without power to vote.

Source: SL 1970, ch 217, § 7; SDCL Supp, § 36-22-8; SL 1977, ch 280, § 38.
S.D. Codified Laws § 34-11A-20 — SD Code / Title 34 / Chapter 11A / Section 34-11A-20
Tax levy--Limitations--Exemption of district from general county levy for ambulance service
Status: in_force

No tax in excess of sixty cents per thousand dollars of taxable valuation upon the property within an ambulance district may be levied for such district pursuant to the provisions of this chapter. The amount of money received from the tax levy on all property within the district plus the amount of money received from the imposition of any special assessment within the district may not exceed the amount which would be raised by a general tax levy of sixty cents per thousand dollars upon all property within an ambulance district.

In no case may the amount of tax levy exceed the amount of funds required to defray the expenses of the district for a period of one year as embraced in the annual estimate of expenses including the amount of principal and interest upon the indebtedness of the district for the ensuing year.

However, no district organized pursuant to this chapter is subject to any general county levy for ambulance service.

Source: SL 1982, ch 259, §§ 20, 20A, 21; SL 1989, ch 87, § 15H; SL 2000, ch 166, § 4.
S.D. Codified Laws § 34A-1-56 — SD Code / Title 34A / Chapter 1 / Section 34A-1-56
General permits for categories of air pollution sources--Terms and conditions--Modification, suspension or revocation--Violation
Status: in_force

Upon the recommendation of the secretary and after public notice in at least three newspapers of general circulation in this state and notice to all municipalities, counties, and tribal governments and opportunity for public hearing, the board may issue general permits for categories of air pollution sources. However, a general permit may only be issued to sources that are required by federal law to be permitted and may be no more stringent than any federal law, rule, or regulation that is applicable to the source being permitted. Air pollution control activities conducted in conformity with a general permit do not require a permit issued under § 34A-1-21 .

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

A violation of a condition of a permit issued pursuant to this section, or the operation of a source covered by this section without a permit is subject to § 34A-1-39 .

Source: SL 1991, ch 288, § 2; SL 1992, ch 158, § 16; SL 1993, ch 257, § 8; SL 1995, ch 203, § 3.
S.D. Codified Laws § 34-48A-32 — SD Code / Title 34 / Chapter 48A / Section 34-48A-32
Amount of state financial assistance--Additional assistance authorized
Status: in_force

In those counties in which the Governor has officially declared an emergency or disaster and in which local effort requirements have been met, the state will provide financial assistance for such additional operational costs needed for the particular emergency or disaster situation up to a maximum of sixty percent of additional local effort expenditures; provided, however, that the Governor upon finding it necessary for the preservation of life and property may authorize additional state financial assistance.

Source: SL 1969, ch 247, § 3; SL 1977, ch 271, § 28; SDCL § 33-15-24.4 .
S.D. Codified Laws § 34-44-2 — SD Code / Title 34 / Chapter 44 / Section 34-44-2
School building defined
Status: in_force

For the purpose of this chapter, "school building" includes any of the following:

(1) Any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food;

(2) Any gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education;

(3) Any other facility used for the instruction or housing of students or for the administration of educational or research programs;

(4) Any maintenance, storage, or utility facility, including any hallway, essential to the operation of any facility described in this section;

(5) Any portico or covered exterior hallway or walkway of a facility described in this section;

(6) Any exterior portion of a mechanical system used to condition interior space of a facility described in this section.

Source: SL 1988, ch 284, § 1A.
S.D. Codified Laws § 34-20B-105 — SD Code / Title 34 / Chapter 20B / Section 34-20B-105
Residential alcohol and drug abuse treatment program authorized at Human Services Center
Status: in_force

The Department of Social Services may establish and operate a residential alcohol and drug abuse treatment program at the South Dakota Human Services Center at Yankton.

Source: SL 1975, ch 255, § 1; SDCL Supp, § 39-17-151.3; SL 1985, ch 278, § 57; SL 1989, ch 21, § 160; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 34-12G-14 — SD Code / Title 34 / Chapter 12G / Section 34-12G-14
Rural health care facility agreement for payment of recruitment assistance
Status: in_force

Any agreement for the payment of recruitment assistance pursuant to §§ 34-12G-10 to 34-12G-17 , inclusive, shall obligate the rural health care facility employing the health care professional to provide a portion of the total amount of recruitment incentives based on the following criteria: rural health care facilities in communities of two thousand five hundred persons or less shall provide twenty-five percent of recruitment incentive payments, and rural health care facilities in communities of greater than two thousand five hundred persons shall provide fifty percent of recruitment incentive payments. When the rural health care facility certifies to the secretary of health that it has paid the full amount for which it is obligated, the secretary of health shall pay to the health care professional the remaining balance of the total incentive amount. The secretary shall pay the required amount out of funds appropriated by the Legislature for such purpose. The incentive shall be paid upon the health care professional's completion of the required three-year practice period. However, a rural health facility may pay its portion of the incentive at any time during the three-year period.

Source: SL 2012, ch 180, § 5.
S.D. Codified Laws § 34A-7-14 — SD Code / Title 34A / Chapter 7 / Section 34A-7-14
Ordinances to regulate litter authorized
Status: in_force

Municipalities and counties may by ordinance regulate litter, provide penalties for violations of such ordinances, establish procedures for court appearances for violations, and provide penalties for failure to appear on a written promise.

Source: SL 1976, ch 213; SDCL Supp, § 34-16C-16.1; SL 2011, ch 165, § 130.
S.D. Codified Laws § 34-20B-54 — SD Code / Title 34 / Chapter 20B / Section 34-20B-54
Cooperation by department with federal and state agencies
Status: in_force

The Department of Health shall, in addition to other powers and duties vested in it by this chapter or any other act, cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in drugs and substances.

Source: SL 1970, ch 229, § 5 (a); SDCL Supp, § 39-17-115.
S.D. Codified Laws § 34-20G-35 — SD Code / Title 34 / Chapter 20G / Section 34-20G-35
Grounds for denial of application or nonrenewal of designated caregiver
Status: in_force

(l) The designated caregiver does not meet the requirements of a designated caregiver as defined in § 34-20G-l;

(2) The applicant does not provide the information required;

(3) The designated caregiver previously had a registry identification card revoked; or

(4) The applicant or the designated caregiver provide false information.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
S.D. Codified Laws § 34-31A-37 — SD Code / Title 34 / Chapter 31A / Section 34-31A-37
Annexation resolution or petition filed with county auditor
Status: in_force

The proceedings for the annexation, referred to in § 34-31A-36 , may be initiated by resolution or by the presentation to the auditor of a petition signed by ten percent of the electors who are owners of any interest in real property assessed for taxation in the territory to be annexed and who are residing within the boundaries of such territory stating the desires and purposes of such petitioners or governmental body. The petition or resolution shall contain a description of the boundaries of the territory proposed to be annexed. It shall be accompanied by a map or plat and a deposit for publication costs.

Source: SL 1971, ch 208, § 11 (1); SL 1973, ch 226, § 6; SL 1992, ch 80, § 215.
S.D. Codified Laws § 34-20E-9 — SD Code / Title 34 / Chapter 20E / Section 34-20E-9
Records of information requests
Status: in_force

The board shall maintain a record of each request for information from the central repository. The board may use the records to document and report statistics and outcomes. The board may provide records of the requests for information to:

(1) Any board or regulatory agency responsible for the licensing of individuals authorized to prescribe or dispense controlled substances that is engaged in an investigation of the individual who submitted the request for information from the central repository; and

(2) Any local, state, and federal law enforcement or prosecutorial official engaged in the enforcement of laws relating to controlled substances for the purpose of an active investigation of an individual who requested information from the central repository.

Source: SL 2010, ch 175, § 9.
S.D. Codified Laws § 34-12D-16 — SD Code / Title 34 / Chapter 12D / Section 34-12D-16
Insurer or health-care provider may not prohibit or require declaration
Status: in_force

A person may not prohibit or require the execution of a declaration as a condition for being insured for, or receiving, health - care services.

Source: SL 1991, ch 273, § 15.
S.D. Codified Laws § 34A-3A-7 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-7
Action for variance or exemption--Notice--Hearing
Status: in_force

Action to consider a variance or exemption may be initiated by the secretary or by the owner of the supply through a formal request submitted to the secretary. Public notice and hearing on the application for a variance or exemption shall comply with the provisions of chapter 1-26 .

Source: SL 1983, ch 260, § 7.
S.D. Codified Laws § 34-20G-80 — SD Code / Title 34 / Chapter 20G / Section 34-20G-80
Medical cannabis establishment registration--Probation, fine, suspension, or revocation
Status: in_force

The department may, after notice and hearing in accordance with chapter 1-26 , impose probation, impose a fine, suspend, or revoke a registration certificate for multiple negligent or knowing violations of this chapter, or for a serious and knowing violation of this chapter, by the registrant or any of its agents.

The department may not:

(1) Impose a probation period that exceeds six months; or

(2) Suspend a registration certificate for a period that exceeds six months, except for a serious violation of patient health and safety, in which case the suspension may not exceed one year.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 132, § 7.
S.D. Codified Laws § 34-18-40 — SD Code / Title 34 / Chapter 18 / Section 34-18-40
Camping liability--Immunity granted
Status: in_force

Except as provided under § 34-18-41 , a private campground owner, or an employee or officer of a private campground owner, is not liable if a person is injured or killed or property is damaged as a result of an inherent risk of camping.

Source: SL 2022, ch 107, § 2.
S.D. Codified Laws § 34-26-3 — SD Code / Title 34 / Chapter 26 / Section 34-26-3
Dissection authorized by decedent during life
Status: in_force

The right to dissect the dead body of a human being exists whenever a person lawfully gives permission for such disposal of his body or any part thereof after death.

Source: SDC 1939, § 27.1304 (5); SL 1963, ch 152.
S.D. Codified Laws § 34-24-21 — SD Code / Title 34 / Chapter 24 / Section 34-24-21
Procedures prescribed after positive phenylketonuria, hypothyroidism, or galactosemia tests
Status: in_force

If a screening test indicates a newborn infant may be afflicted with the phenylketonuria syndrome, hypothyroidism, or galactosemia, the Department of Health shall prescribe the procedures to be followed in order to determine if the syndrome is actually present.

Source: SL 1973, ch 233, § 3; SL 1982, ch 264, § 5; SL 1991, ch 277, § 4.
S.D. Codified Laws § 34-26A-1 — SD Code / Title 34 / Chapter 26A / Section 34-26A-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Alternative container," a receptacle into which a decedent is placed for transport to a crematory and cremation and which:

(a) Is made of combustible material;

(b) Provides complete covering for the decedent;

(c) Is impermeable;

(d) Is sufficiently rigid for handling; and

(e) Provides protection for the health and safety of crematory personnel;

(2) "Cremated remains," all human remains recovered upon completion of the cremation process, together with the residual of:

(a) The container used for the cremation, if combustible;

(b) Dental work; and

(c) Combustible personal effects;

(3) "Cremation," the process of:

(a) Using heat and flame to reduce human remains to ashes and bone fragments; and

(b) The subsequent pulverization of any remaining bone fragments;

(4) "Cremation chamber," the enclosed space within which the cremation process occurs;

(5) "Crematory," the building or portion of a building that houses the cremation chamber and the holding facility;

(6) "Holding facility," an area that is within or adjacent to a crematory, designated for the retention of decedents prior to their cremation, and secure from access by unauthorized persons;

(7) "Processing," the reduction of identifiable bone fragments to unidentifiable bone fragments; and

(8) "Temporary container," a receptacle made of cardboard, plastic film, or similar material, intended for the purpose of holding cremated remains until an urn or other permanent container is acquired.

Source: SL 1988, ch 283, § 1; SL 1989, ch 298, §§ 1, 2; SL 1998, ch 211, §§ 1 to 3; SL 2023, ch 129, § 2.
S.D. Codified Laws § 34-16-22 — SD Code / Title 34 / Chapter 16 / Section 34-16-22
County board of health--Composition
Status: in_force

Each county may establish a county board of health which shall be composed of the state's attorney of the county, who shall be president of the board; a physician, a physician assistant, or certified nurse practitioner who practices in the county, appointed by the Department of Health, who shall serve as superintendent of the board of health; and one other resident of the county.

Source: SL 2002, ch 168, § 6; SL 2017, ch 171, § 50.
S.D. Codified Laws § 34-25-16.7 — SD Code / Title 34 / Chapter 25 / Section 34-25-16.7
Determining mother for birth certificate
Status: in_force

For the purposes of birth registration, the mother is deemed to be the woman who gives birth to the child, unless otherwise determined by a court of law prior to the filing of the birth certificate.

Source: SL 1993, ch 253, § 10.
S.D. Codified Laws § 34A-17-10 — SD Code / Title 34A / Chapter 17 / Section 34A-17-10
Amendment or termination by consent
Status: in_force

(a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:

(1) The agency;

(2) The current owner of the fee simple of the real property subject to the covenant;

(3) Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and

(4) Except as otherwise provided in subsection (d)(2), the holder.

(b) If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.

(c) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.

(d) Except as otherwise provided in an environmental covenant:

(1) A holder may not assign its interest without consent of the other parties;

(2) A holder may be removed and replaced by agreement of the other parties specified in subsection (a); and

(3) A court of competent jurisdiction may fill a vacancy in the position of holder.

Source: SL 2005, ch 196, § 10.
S.D. Codified Laws § 34-23A-63 — SD Code / Title 34 / Chapter 23A / Section 34-23A-63
Definitions regarding sex-selective abortions
Status: in_force

Terms as used in this chapter mean:

(1) "Sex-selective abortion," the performance of an abortion with knowledge that the pregnant mother is seeking the abortion due to the sex of the unborn child;

(2) "Sex-determining test," any scientific test that is capable of determining the sex of an unborn child.

Source: SL 2014, ch 168, § 1.
S.D. Codified Laws § 34-31A-38 — SD Code / Title 34 / Chapter 31A / Section 34-31A-38
Auditor's examination of annexation petition--Papers forwarded to directors
Status: in_force

The county auditor shall consult the tax schedules in the office of the county auditor and determine and certify whether or not such petition complies with the requirements of § 34-31A-37 and that the persons signing the same appear to reside within the boundaries described by such petition. Thereafter, the county auditor shall forward such petition, resolution, map or plat, and certificate to the board of directors of the district concerned.

Source: SL 1971, ch 208, § 11 (2); SL 1973, ch 226, § 7.
S.D. Codified Laws § 34-22-44.2 — SD Code / Title 34 / Chapter 22 / Section 34-22-44.2
Statewide emergency registry volunteers--Immunity from civil liability
Status: in_force

Any volunteer, as defined in § 34-22-44.1 , is immune from civil liability in any action brought in any court in this state on the basis of any act or omission resulting in damage or injury if:

(1) The volunteer was acting in good faith and within the scope of the volunteer's official functions; and

(2) The damage or injury was not caused by gross negligence or willful and wanton misconduct by the volunteer.

Source: SL 2009, ch 167, § 2.
S.D. Codified Laws § 34-26A-22.1 — SD Code / Title 34 / Chapter 26A / Section 34-26A-22.1
Filing of burial permit
Status: in_force

Upon completion of a cremation, the crematory shall file the burial permit with the local registrar of vital records, pursuant to § 34-25-24 .

Source: SL 2023, ch 129, § 20.
S.D. Codified Laws § 34-34A-10.1 — SD Code / Title 34 / Chapter 34A / Section 34-34A-10.1
Inspection of manufacturing and sales facilities
Status: in_force

A representative of the State Fire Marshal may enter, at reasonable times and without advance notice, a factory, warehouse, or establishment in which manufactured homes are manufactured, stored, or held for sale, to inspect, at reasonable times, in a reasonable manner and within reasonable limits, such place, and to inspect the books, papers, records, and documents relating to the construction of manufactured homes or the failure of a manufactured home to comply with applicable manufactured home construction and safety standards.

Source: SL 1982, ch 267, § 7; SL 2004, ch 17, § 216.
S.D. Codified Laws § 34A-5-39 — SD Code / Title 34A / Chapter 5 / Section 34A-5-39
Sanitary districts not subject to certain municipal sewer system requirements
Status: in_force

If a sanitary district has been established in accordance with the procedures provided in this chapter, no further proceedings are required under the provisions of §§ 9-48-26 to 9-48-31 , inclusive, and funds derived from the district's sewer rates and charges are not subject to the limitations provided in those sections.

Source: SDC Supp 1960, § 45.3815 (8) as added by SL 1964, ch 144, § 7; SDCL § 34-17-32; SL 2011, ch 165, § 99.
S.D. Codified Laws § 34-5-14 — SD Code / Title 34 / Chapter 5 / Section 34-5-14
Interdepartmental agreements authorized--Purpose
Status: in_force

The secretary is hereby authorized to enter into mutual agreements with secretaries of other state departments to provide better utilization of personnel in administration of §§ 34-5-9 to 34-5-18 , inclusive, and in any emergency where preassigned functions may have been delineated.

Source: SL 1974, ch 241, § 6.
S.D. Codified Laws § 34-12-35.10 — SD Code / Title 34 / Chapter 12 / Section 34-12-35.10
Nursing facility beds at Michael J. Fitzmaurice Veterans Home
Status: in_force

Notwithstanding the provisions of § 34-12-35.4 , the Department of Veterans Affairs may increase the number of nursing facility beds at the Michael J. Fitzmaurice Veterans Home. The total number of beds the nursing facility may operate may not exceed seventy-eight.

Source: SL 2016, ch 172, § 1, eff. Mar. 25, 2016; SL 2019, ch 142, § 1.
S.D. Codified Laws § 34A-10-7 — SD Code / Title 34A / Chapter 10 / Section 34A-10-7
Adjudication by court after administrative proceedings--Additional evidence
Status: in_force

Upon completion of proceedings under § 34A-10-5 , the court shall adjudicate the impact of the defendant's conduct on the air, water, or other natural resources and on the public trust therein in accordance with this chapter. In such adjudication the court may order that additional evidence be taken to the extent necessary to protect the rights recognized in this chapter.

Source: SL 1973, ch 144, § 5 (3); SDCL Supp, § 21-10A-7.
S.D. Codified Laws § 34A-13-11 — SD Code / Title 34A / Chapter 13 / Section 34A-13-11
Recovery of expenses in civil action--Prima facie evidence of reasonable expenses--Disposition of recovered funds
Status: in_force

Any reasonable and necessary expenses incurred by the fund in taking a corrective action, including costs of investigating a release, third - party claims, administrative and legal expenses including attorney's fees for prosecuting any action, and defense costs including attorney's fees for any claims, may be recovered in a civil action in circuit court brought by the director against a covered party. The certification of expenses by an approved agent of the fund is prima facie evidence that the expenses are reasonable and necessary. Any expenses that are recovered under this section shall be deposited in the fund.

Source: SL 1988, ch 290, § 11; SL 1990, ch 292, § 6; SL 1991, ch 294, § 5; SL 1992, ch 260, § 14.
S.D. Codified Laws § 34-26-71 — SD Code / Title 34 / Chapter 26 / Section 34-26-71
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Source: SL 2007, ch 197, § 24.
S.D. Codified Laws § 34-22-5 — SD Code / Title 34 / Chapter 22 / Section 34-22-5
Exposure of self or others to communicable disease as misdemeanor
Status: in_force

Each person who intentionally exposes himself or herself or another person infected with any communicable disease in any public place, except in the person's necessary removal from a public place in a manner not dangerous to the public health, is guilty of a Class 2 misdemeanor.

Source: PenC 1877, § 470; CL 1887, § 6671; RPenC 1903, § 485; RC 1919, § 3994; SDC 1939, § 13.1505; SL 1977, ch 190, § 58; SL 2015, ch 181, § 4.
S.D. Codified Laws § 34-23A-74 — SD Code / Title 34 / Chapter 23A / Section 34-23A-74
Legislative finding that Planned Parenthood facility in Sioux Falls performs ninety-eight percent of abortions
Status: in_force

The Legislature finds that the Planned Parenthood facility in Sioux Falls, South Dakota is the only abortion clinic in the State of South Dakota and approximately ninety-eight percent of all abortions performed in South Dakota are performed at that Planned Parenthood facility.

Source: SL 2018, ch 205, § 1.
S.D. Codified Laws § 34A-6-63.1 — SD Code / Title 34A / Chapter 6 / Section 34A-6-63.1
Policies and requirements for purchase, sale, or transfer of solid waste or by-products, recyclable materials, or scrap by local government facility or program
Status: in_force

The governing body of any county, municipality, or political subdivision of the state may, by ordinance or resolution, establish policies, requirements, and procedures for the purchase, acquisition, sale, or transfer of any solid waste, as defined in § 34A-6-1.3 ; solid waste by-products; recyclable materials, as defined in § 34A-6-61 ; and scrap materials by any solid waste or recycling system or facility that is owned or operated by the county, municipality, or political subdivision or by any other facility or program that is owned or operated by the county, municipality, or political subdivision. Policies and requirements established pursuant to this section shall conform to state statutes and rules related to solid waste and recycling.

Such purchases, acquisitions, sales, and transfers are exempt from the requirements of chapters 5-18A and 6-13 . If the governing body determines that it is in the best interests of the county, municipality, or political subdivision, the governing body may attempt to identify additional prospective buyers or sellers and may negotiate the conditions of such transactions with prospective buyers or sellers, including price, delivery, transport, quantity, and length of contract, to obtain the price or conditions most advantageous to the governing body. The governing body may authorize procedures for adjusting prices to meet changing market conditions not within the control of the purchaser or seller. No governing board member and no officer of the county, municipality, or political subdivision may purchase or acquire the materials described in this section unless such materials are available for sale to or acquisition by the general public.

Source: SL 2007, ch 204, § 1; SL 2011, ch 2, § 141.
S.D. Codified Laws § 34-20G-65.1 — SD Code / Title 34 / Chapter 20G / Section 34-20G-65.1
Test samples of cannabis or cannabis products
Status: in_force

A sample of cannabis or cannabis products submitted to a testing facility must be collected by a designated representative of the testing facility.

A medical cannabis establishment shall ensure that testing is conducted on a sample of cannabis or cannabis product immediately prior to the transfer of the cannabis for retail sale or cannabis product in final form to another medical cannabis establishment.

Source: SL 2022, ch 131, § 1; SL 2024, ch 132, § 4.
S.D. Codified Laws § 34A-16-38 — SD Code / Title 34A / Chapter 16 / Section 34A-16-38
Review and approval of designation plan
Status: in_force

The district shall submit the designation plan to the reviewing authority for review and approval or disapproval. If the designation plan has been approved by the reviewing authority or another state agency as part of the review and approval of a comprehensive solid waste management plan for the district, then no further submission or approval is required under this chapter.

Source: SL 1993, ch 259, § 40.
S.D. Codified Laws § 34-12F-4 — SD Code / Title 34 / Chapter 12F / Section 34-12F-4
Emergency medical service personnel and health care providers and facilities--Compliance with directive required--Immunity from civil and criminal liability and discipline for unprofessional conduct
Status: in_force

Any emergency medical service personnel, health care provider, and health care facility shall comply with a person's EMS cardiopulmonary resuscitation directive that is apparent and immediately available. Any emergency medical service personnel, health care provider, health care facility, or any other person who, in good faith, complies with an EMS cardiopulmonary resuscitation directive which is perceived to be valid is not subject to civil or criminal liability or to discipline for unprofessional conduct.

Source: SL 2004, ch 226, § 4; SL 2005, ch 183, § 4.
S.D. Codified Laws § 34-23-10 — SD Code / Title 34 / Chapter 23 / Section 34-23-10
Blood sample and testing when pregnant woman not attended by physician
Status: in_force

Every person other than a physician permitted by law to attend upon pregnant women in the state but not permitted by law to take blood tests, shall cause a sample of the blood of such pregnant woman to be taken by a duly licensed physician and submitted for standard serological tests for syphilis to the State Public Health Laboratory or such other laboratories cooperating with, and approved by, the Department of Health.

Source: SL 1939, ch 103; SDC Supp 1960, § 27.2406 (1).
S.D. Codified Laws § 34-12E-8 — SD Code / Title 34 / Chapter 12E / Section 34-12E-8
Disclosure of fees and charges upon request
Status: in_force

All fees and charges for health care procedures shall be disclosed by a health care provider or facility upon request of a patient.

Source: SL 1994, ch 276, § 8.
S.D. Codified Laws § 34-49-18 — SD Code / Title 34 / Chapter 49 / Section 34-49-18
Cigarette fire safety standard act fund created
Status: in_force

There is hereby established in the state treasury a special fund to be known as the cigarette fire safety standard act fund. The fund shall consist of all certification fees paid under this chapter and all moneys recovered as penalties under this chapter. The moneys shall be deposited to the credit of the fund and shall, in addition to any other moneys made available for such purpose, be made available to the Department of Public Safety, Department of Revenue, and the Office of Attorney General for administering the provisions of this chapter and for fire prevention activities and education.

Source: SL 2009, ch 172, § 18, eff. Jan. 1, 2011; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2012, ch 189, § 1.
S.D. Codified Laws § 34-20G-34 — SD Code / Title 34 / Chapter 20G / Section 34-20G-34
Grounds for denial or nonrenewal of qualifying patient registry identification card
Status: in_force

The department may deny an application or renewal of a qualifying patient’s registry identification card only if the applicant:

(1) Does not provide the required information, fee, or materials;

(2) Does not meet the requirement to obtain a registry identification card as defined in § 34-20G-1 ;

(3) Previously had a registry identification card revoked; or

(4) Provided false information.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 126, § 1.
S.D. Codified Laws § 34-12H-9 — SD Code / Title 34 / Chapter 12H / Section 34-12H-9
Revocation of MOST
Status: in_force

A patient with decision-making capacity may revoke a MOST at any time by:

(1) Destroying or defacing the MOST with the intent to revoke;

(2) A written revocation of the MOST, signed and dated by the patient; or

(3) An oral expression of the intent to revoke the MOST, in the presence of a witness eighteen years of age or older who signs and dates in writing, confirming that the expression of intent was made.

An authorized representative may not revoke a MOST unless the MOST was executed by the authorized representative. The authorized representative shall make the revocation in writing.

A revocation is effective upon communication to the health care provider. A health care provider who is informed of a revocation shall record the date and time of the notification of revocation in the patient's medical record.

Source: SL 2019, ch 146, § 9.
S.D. Codified Laws § 34-22-12.3 — SD Code / Title 34 / Chapter 22 / Section 34-22-12.3
Effect of good faith reporting
Status: in_force

Good faith reporting or disclosure pursuant to § 34-22-12 does not constitute a libel or slander or a violation of the right of privacy or privileged communication.

Source: SL 1989, ch 296, § 3.
S.D. Codified Laws § 34-31A-31 — SD Code / Title 34 / Chapter 31A / Section 34-31A-31
Maximum indebtedness of district--Borrowing power
Status: in_force

No district may incur debt greater than an amount equal to twenty times the annual maximum tax levy as authorized by § 34-31A-21 . A district may borrow money and issue appropriate evidence of indebtedness within the limits authorized by this section.

Source: SL 1971, ch 208, § 8; SL 1983, ch 28, § 27; SL 1990, ch 277.
S.D. Codified Laws § 34-20A-51 — SD Code / Title 34 / Chapter 20A / Section 34-20A-51
Determination of admission for treatment--Referral to other facilities
Status: in_force

Subject to rules adopted by the department, the administrator in charge of an accredited treatment facility may determine who is admitted for treatment. If a person is refused admission to the facility, the administrator, subject to rules adopted by the department, shall refer the person to another treatment facility for treatment if possible and appropriate.

Source: SL 1974, ch 240, § 9 (b); SL 1985, ch 278, § 47; SL 2011, ch 1 (Ex. Ord. 11-1), § 70, eff. Apr. 12, 2011; SL 2016, ch 15, § 16; SL 2023, ch 94, § 12.
S.D. Codified Laws § 34-11-16 — SD Code / Title 34 / Chapter 11 / Section 34-11-16
Air ambulance operator--Healthcare facility transfer--Conditions for ground ambulance use
Status: in_force

An air ambulance operator may utilize the operator's ground ambulance for the transfer of a patient from one healthcare facility to another healthcare facility if:

(1) The patient's attending medical practitioner determines that the patient requires a level of care that is not available without a transfer; and

(2) The operator is unable to use the operator's air ambulance to transport the patient due to:

(a) Mechanical problems; or

(b) Inclement weather conditions.

Source: SL 2024, ch 127, § 2.
S.D. Codified Laws § 34-20B-47 — SD Code / Title 34 / Chapter 20B / Section 34-20B-47
Intentional use of unauthorized registration number as felony
Status: in_force

It is a Class 5 felony for any person knowingly to use in the course of the manufacture or distribution of a controlled drug or substance a registration number which is fictitious, revoked, suspended, or issued to another person.

Source: SL 1970, ch 229, § 10 (e) (2); SDCL Supp, § 39-17-105; SL 1977, ch 189, § 121; SL 1977, ch 190, § 404.
S.D. Codified Laws § 34A-3-19 — SD Code / Title 34A / Chapter 3 / Section 34A-3-19
Certifications--Fees--Deposit and use of funds
Status: in_force

The secretary may charge each applicant a fee not to exceed sixty dollars which shall accompany the application. The fees shall be deposited in the state treasury to be credited to the Board of Certification fund, which shall be used to pay expenses, and to administer the provisions, of this chapter. Any surplus at the end of the fiscal year shall be retained by the board for future expenditures.

Source: SL 1970, ch 217, § 10; SDCL Supp, § 36-22A-18; SL 2011, ch 165, § 74; SL 2021, ch 162, § 3.
S.D. Codified Laws § 34-48A-28 — SD Code / Title 34 / Chapter 48A / Section 34-48A-28
Special emergency and disaster special revenue fund
Status: in_force

There is hereby created a fund to be known as the "special emergency and disaster special revenue fund." Expenditures may be made from the fund to meet special emergency requirements of the Division of Emergency Management, not included in the general and special appropriations which provide for the ordinary operation and maintenance of functions of this department, and for carrying into effect the objectives and provisions of this chapter. No part of this fund may revert to the general fund. Withdrawal from this fund shall be made on warrants drawn by the state auditor on vouchers signed by the secretary of public safety.

Source: SL 1955, ch 236, § 4; SL 1957, ch 418, § 2; SDC Supp 1960, § 41.01C15; SL 1977, ch 271, § 24; SL 1992, ch 236, § 9; SL 2003, ch 272 (Ex. Ord. 03-1), § 112; SDCL § 33-15-23 .
S.D. Codified Laws § 34-25-1.1 — SD Code / Title 34 / Chapter 25 / Section 34-25-1.1
Definition of terms
Status: in_force

Terms as used in this chapter mean:

(1) "Authorized representative," an attorney, physician, funeral director, or other designated agent acting on behalf of the family;

(1A) "Autopsy," the post mortem dissection and examination of a dead body, including fetal tissue older than twenty-four weeks;

(2) "Certified copy," a vital record or part thereof issued and sealed by the state registrar and other entities as authorized by the department;

(3) "Dead body," a lifeless human body or parts thereof from the state of which it may reasonably be concluded that death recently occurred;

(4) "Death certificate," a record by means of which both the fact of death record and the medical certificate have been completed and filed as required by the department;

(5) "Demographic information," the information required by the state registrar to describe characteristics of a registrant, the family of a registrant, and geographic locations pertinent to a registrant;

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

(7) "Fact of death information," the information required by the state registrar to record the time and place a death occurs and to identify the person who is deceased. The term does not include information regarding cause and manner of death;

(8) "Fact of death record," the portion of the death certificate that contains the fact of death information and demographic information;

(9) "Fetal death," death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy. The death is indicated by the fact that after such expulsion or extraction, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles;

(10) "Fetus," the biological offspring, including the implanted embryo or unborn child, of human parents;

(11) "Final disposition," the burial, interment, cremation, or other disposition of a dead body or fetus;

(12) "Institution," any establishment, public or private, which provides in-patient medical, surgical, or diagnostic care or treatment, or nursing, custodial, or domiciliary care to two or more unrelated individuals, or to which persons are committed by law;

(13) "Live birth," the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached;

(14) "Medical certificate," the portion of the death certificate that contains the information regarding the cause and manner of death.

(15) "System of vital registration," the process by which vital records are collected, completed, amended, certified, filed, preserved, and incorporated into the official records of the office of vital records, and activities related thereto including the tabulation, analysis, and publication of statistical data derived from such records;

(16) "Vital records," records of birth, death, fetal death, burial, marriage, divorce, and data related thereto as entered on forms prescribed by the department.

Source: SL 1972, ch 194, § 2; SL 1993, ch 253, § 1; SL 2000, ch 171, § 2; SL 2003, ch 186, § 1; SL 2004, ch 235, § 1; SL 2005, ch 190, § 1.
S.D. Codified Laws § 34-23A-16.2 — SD Code / Title 34 / Chapter 23A / Section 34-23A-16.2
Abortion--Child born alive--Civil and disciplinary action
Status: in_force

In addition to the damages recoverable under §§ 34-23A-60 and 34-23A-61 , a mother upon whom an abortion is performed or attempted to be performed, whose child is born alive, may obtain money damages for any psychological injury the mother sustained where the physician's negligence in caring for the child following birth was a significant contributing factor in causing her psychological injury.

The child born alive has a cause of action against the physician, the physician's agents, and the abortion facility, for any physical or psychological injury, or both, for any injuries sustained during and as a result of the abortion, and for any additional physical or psychological injury, or both, where the negligence of the physician, the physician's agents, and the abortion facility, in the medical care following birth, was a significant contributing factor.

The money damages for any claim brought pursuant to this section must include all traditionally recognized compensatory and punitive damages recoverable under the laws of this state and punitive damages for intentional disregard for the standard imposed by § 34-23A-16.1 and for reasonable attorney's fees.

A physician who fails to meet the requirements of § 34-23A-16.1 is liable to the state for a civil penalty of ten thousand dollars for each offense. The attorney general may bring an action to recover that civil penalty and, if successful, shall be awarded reasonable attorney's fees.

A licensed physician, licensed agent, and licensed abortion facility who or that fails to comply with the requirements of § 34-23A-16.1 , must be reported to the South Dakota Board of Medical and Osteopathic Examiners and that may form the grounds for sanctions, including suspension of the physician's license and, where appropriate, revocation of such license.

Any person having knowledge of a failure to meet the requirements of § 34-23A-16.1 may report the failure to the attorney general and, upon request, that person's identity must remain confidential.

Nothing in § 34-23A-16.1 may be construed to hold the mother of the child born alive criminally or civilly liable for consenting to an abortion, or for the acts of the physician, the physician's agents, or the abortion facility for violation of § 34-23A-16.1 following the child being born alive.

Source: SL 2021, ch 150, § 2.
S.D. Codified Laws § 34-25-9.1 — SD Code / Title 34 / Chapter 25 / Section 34-25-9.1
Birth outside institution--Persons responsible for certificate--Evidence required--Violation as misdemeanor
Status: in_force

If a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority:

(1) The physician in attendance at or immediately after the birth, or in the absence of such a person;

(2) Any other person in attendance at or immediately after the birth, or in the absence of such a person;

(3) The father or mother, or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.

The department shall promulgate rules, pursuant to chapter 1-26 , to establish the evidence necessary to establish the facts of birth.

Any person required to prepare and file a birth certificate pursuant to this section who fails to do so within one year of the birth is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 27.0207; SL 1945, ch 104; SL 1947, ch 121, § 1; SDCL § 34-25-9 ; SL 1972, ch 194, § 9; SL 1997, ch 205, § 2; SL 2019, ch 153, § 1.
S.D. Codified Laws § 34-8-15 — SD Code / Title 34 / Chapter 8 / Section 34-8-15
Lien for cost of hospital services provided persons other than county charges
Status: in_force

Whenever any county within this state, maintaining and operating a hospital under the provisions of this chapter, is requested to and does furnish the use of its hospital and its facilities to any person or to any member of such person's family, who may be other than persons defined as "county charges without means," the county in such case shall have a lien upon all of the property, real and personal, except property absolutely exempt from seizure and sale, of such person who receives the use of such hospital and its facilities for the cost of the services charged to such person for the use of such hospital and its facilities.

Source: SDC 1939, § 27.1906 as added by SL 1957, ch 120.
S.D. Codified Laws § 34-54-3 — SD Code / Title 34 / Chapter 54 / Section 34-54-3
Requirements
Status: in_force

To be considered a direct primary care agreement for the purposes of this chapter, the agreement must meet all of the following requirements:

(1) Be in writing;

(2) Be signed by the primary care provider or agent of the primary care provider and the individual patient or his or her legal representative;

(3) Allow either party to terminate the agreement on written notice to the other party;

(4) Describe the scope of primary care services that are covered by the periodic fee;

(5) Specify the periodic fee and any additional fees outside of the periodic fee for ongoing care under the agreement;

(6) Specify the duration of the agreement and any automatic renewal periods;

(7) Require that no more than twelve months of the periodic fee be paid in advance and that upon discontinuing the agreement, all unearned funds are returned to the patient; and

(8) Prominently state in writing that the agreement is not health insurance.

Source: SL 2021, ch 159, § 3.
S.D. Codified Laws § 34-23A-2.1 — SD Code / Title 34 / Chapter 23A / Section 34-23A-2.1
Physician to inform in case of medical emergency
Status: in_force

If a medical emergency compels the performance of an abortion, the physician shall inform the female, prior to the abortion if possible, of the medical indications supporting his judgment that an abortion is necessary to avert her death or that a delay will create serious risk of substantial and irreversible impairment of a major bodily function.

Source: SL 1993, ch 249, § 6.
S.D. Codified Laws § 34A-13-27 — SD Code / Title 34A / Chapter 13 / Section 34A-13-27
Fund expenditures
Status: in_force

Money in the fund may only be expended or obligated:

(1) To administer the petroleum release compensation program established in this chapter;

(2) For any administrative costs and costs of corrective action taken by the fund, including investigations, legal actions, consulting costs, and other necessary costs;

(3) For any costs of recovering any expenses associated with corrective actions;

(4) For training, testing, and certification of those who perform services to be reimbursed under this chapter;

(5) For any costs paid to any state agency for services;

(6) For research and studies designed to reduce releases and improve petroleum industry methods for storage and to develop information and knowledge to aid in cleanup;

(7) To carry out inspections of tanks and to certify inspectors who may perform approved inspections of tanks;

(8) To purchase insurance for the purpose of limiting certain risks associated with providing fund coverage as deemed appropriate by the secretary;

(9) For any service provider unless the director has determined that a conflict of interest exists between the consultant and the contractor that could affect the integrity of the cleanup activities;

(10) For rule making; and

(11) For training of staff employed by the department.

Source: SL 1988, ch 290, § 27; SL 1989, ch 310, § 7; SL 1990, ch 292, § 9; SL 1991, ch 294, § 14; SL 1992, ch 260, § 20; SL 1995, ch 321 (Ex. Ord. 95-5), § 17; SL 2011, ch 1 (Ex. Ord. 11-1), § 155, eff. Apr. 12, 2011; SL 2013, ch 166, § 39; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021; SL 2024, ch 146, § 15.
S.D. Codified Laws § 34-20E-20 — SD Code / Title 34 / Chapter 20E / Section 34-20E-20
Promulgation of rules
Status: in_force

The board shall promulgate rules, pursuant to chapter 1-26 , for the operation of the program. Any rule promulgated shall be designed to assure the fair, equitable, and efficient operation of the program. The rules may address the following:

(1) Criteria, procedures, and forms for submitting data to the program;

(2) Standards for information collection;

(3) Guidelines for reviewing data and making determinations with respect to the referral of patients, prescribers, or dispensers to law enforcement or appropriate regulatory authorities based upon an open case;

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

(5) Guidelines for maintaining the confidentiality of program information and the integrity of the patient's relationship with the patient's health care provider; and

(6) Policies for the compilation and release of statistics and outcomes for advancing the purposes of the program, including enhancement of the quality of health care delivery in this state.

Source: SL 2010, ch 175, § 20.
S.D. Codified Laws § 34-20E-12 — SD Code / Title 34 / Chapter 20E / Section 34-20E-12
Board to review data and refer patients, prescribers, or dispensers engaged in improper activities to law enforcement or regulatory authorities
Status: in_force

The board shall review the information received by the central repository to determine if there is reason to believe:

(1) A prescriber or dispenser may have engaged in an activity that may be a basis for disciplinary action by the board or regulatory agency responsible for the licensing of the prescriber or dispenser; or

(2) A patient may have misused, abused, or diverted a controlled substance.

If the board determines that there is reason to believe that any of the acts described in this section may have occurred, the board may notify the appropriate law enforcement agency or the board or regulatory agency responsible for the licensing of the prescriber or dispenser. The advisory council established in § 34-20E-15 shall recommend guidelines to the board for reviewing data and making determinations with respect to the referral of patients, prescribers, or dispensers to law enforcement or appropriate regulatory authorities.

Source: SL 2010, ch 175, § 12.
S.D. Codified Laws § 34-20B-33 — SD Code / Title 34 / Chapter 20B / Section 34-20B-33
Registration of previously registered or licensed establishments
Status: in_force

The department shall permit persons to register who own or operate any establishment engaged in the manufacture, distribution, or dispensing of any controlled drugs and substances prior to July 1, 1972, and who are registered or licensed by the state.

Source: SL 1970, ch 229, § 9 (i); SDCL Supp, § 39-17-76.
S.D. Codified Laws § 34-12F-8 — SD Code / Title 34 / Chapter 12F / Section 34-12F-8
Revocation of directive
Status: in_force

An EMS cardiopulmonary resuscitation directive may be revoked at any time by the person who is the subject of the directive or by any other person who is, pursuant to the laws of this state or any other state, authorized to make medical treatment decisions on behalf of the person who is the subject of the directive.

Source: SL 2004, ch 226, § 8; SL 2005, ch 183, § 8.
S.D. Codified Laws § 34-23A-73 — SD Code / Title 34 / Chapter 23A / Section 34-23A-73
Repeal not implied
Status: in_force

Nothing in SL 2016, ch 180 repeals, by implication or otherwise, any provision not explicitly repealed.

Source: SL 2016, ch 180, § 8.
S.D. Codified Laws § 34-20A-72 — SD Code / Title 34 / Chapter 20A / Section 34-20A-72
Certificate of physician or addiction counselor--Refusal of examination--Employing facility ineligible to provide treatment--Exception
Status: in_force

A petition filed under § 34-20A-70 for a person who is detained under § 34-20A-63 must be accompanied by a certificate of a licensed physician or an addiction counselor who has examined the person within five days before submission of the petition, unless the person has refused to submit to an examination. If the person has refused to submit to an examination, the fact of refusal must be alleged in the petition. If the person refuses the release of examination or certification information, the circuit court shall order the release of the information if good cause is shown.

The certificate must set forth the physician's or the addiction counselor's findings in support of the allegations of the petition and a level of care recommendation for substance use treatment.

An admitting facility may not provide treatment to the person whose commitment is sought if the physician or addiction counselor who provides a certificate under this section is employed by the admitting facility, unless the person to be committed requests to receive treatment at the facility.

Source: SL 1974, ch 240, § 12 (a); SL 1985, ch 277, § 23; SL 2012, ch 182, § 1; SL 2016, ch 15, § 18; SL 2023, ch 117, § 9.
S.D. Codified Laws § 34-48A-21 — SD Code / Title 34 / Chapter 48A / Section 34-48A-21
Assignment of workers to reinforce local organization--Call to duty--Place of duty
Status: in_force

The secretary may assign emergency management workers, to be controlled by the secretary, as may be necessary to reinforce emergency management organizations in stricken areas. Emergency management workers shall be called to duty by orders of the secretary and shall perform their functions in any part of the state or without the state in compliance with mutual aid agreements.

Source: SL 1949, ch 236, § 7; SL 1951, ch 285, § 7; SDC Supp 1960, § 41.01C06 (1); SL 1977, ch 271, § 16; SL 1992, ch 236, § 4; SL 2004, ch 17, § 195; SDCL § 33-15-17 .
S.D. Codified Laws § 34-44-29 — SD Code / Title 34 / Chapter 44 / Section 34-44-29
Certification as bid requirement
Status: in_force

Any public agency requesting bids for a proposed asbestos project shall include as a bid requirement that any asbestos contractor providing a service be certified pursuant to this chapter.

Source: SL 1988, ch 284, § 27.
S.D. Codified Laws § 34A-13-34 — SD Code / Title 34A / Chapter 13 / Section 34A-13-34
Third party cleanup reimbursement--Department and fund--No legal process or attachment
Status: in_force

The amount of reimbursement to be paid for cleanup which was performed by a third party is not subject to legal process or attachment. The department and the fund are not subject to legal process, attachment, lien, or lien foreclosure action by any persons having performed cleanup work or provided materials, supplies, or services for a cleanup project.

Source: SL 1988, ch 290, § 34; SL 1991, ch 294, § 19; SL 2024, ch 146, § 18.
S.D. Codified Laws § 34-26-73 — SD Code / Title 34 / Chapter 26 / Section 34-26-73
Disposition of body of deceased servicemember
Status: in_force

If a decedent dies while serving in any branch of the United States armed forces, the United States reserve forces, or the national guard, as provided by 10 U.S.C. 1481 section (a)(1) to (8), inclusive, and the decedent has designated a person authorized to direct disposition of human remains on a United States Department of Defense record of emergency (DD form 93), a successor form, or an equivalent form, the duty to bury the decedent or to provide other funeral and disposition arrangements for the decedent devolves to the person designated by the decedent.

Source: SL 2014, ch 169, § 1.
S.D. Codified Laws § 34-12-15.1 — SD Code / Title 34 / Chapter 12 / Section 34-12-15.1
Handling of residents' funds by nursing homes--Definition of terms
Status: in_force

Terms used in §§ 34-12-15.1 to 34-12-15.10 , inclusive, unless the context otherwise requires mean:

(1) "Nursing homes," public or private facilities licensed pursuant to this chapter 34-12 , as a skilled nursing facility, an intermediate care facility, or an assisted living center;

(2) "Residents," persons committed or cared for in any home, center, or other facility which is subject to the provisions of §§ 34-12-15.1 to 34-12-15.10 , inclusive.

Source: SL 1977, ch 279, § 1; SL 1991, ch 272, § 2.
S.D. Codified Laws § 34-45-25 — SD Code / Title 34 / Chapter 45 / Section 34-45-25
Effective date
Status: in_force

The effective date of § 34-45-24 is July 1, 1999.

Source: SL 1998, ch 142, § 4.
S.D. Codified Laws § 34-3-27 — SD Code / Title 34 / Chapter 3 / Section 34-3-27
Withdrawal from district department by county or first or second class municipality--Restrictions on withdrawal--Vacancies on district board
Status: in_force

Any county or first or second class municipality participating in a full - time district health department may withdraw from the department and board by resolution of its governing board providing no such withdrawal may occur within one year of the date of establishment of the department or the date of entrance of said county or municipality into said department. It is further provided that no withdrawal shall occur during any fiscal year for which a budget has been approved and in no instance until ninety days' prior written notice of such withdrawal has been given to the district board of health.

When a participating county or municipality withdraws from a district health department its representative on the appointing committee shall also withdraw therefrom and any positions held by its representatives on the district board of health shall be declared vacant and the vacancy or vacancies so created shall be filled as provided in § 34-3-3 .

Source: SL 1953, ch 129, § 7; SDC Supp 1960, § 27.18A07; SL 1992, ch 60, § 2.
S.D. Codified Laws § 34A-6-95 — SD Code / Title 34A / Chapter 6 / Section 34A-6-95
First degree unlawful possession of infectious waste--Felony
Status: in_force

Except as permitted in this chapter, no person may:

(1) Knowingly and intentionally possess more than three hundred gallons or three thousand pounds, whichever is less, of an aggregate weight or volume of infectious waste at a place other than the facility at which such waste was generated; or

(2) Recklessly possess more than five hundred gallons or five thousand pounds, whichever is less, of an aggregate weight or volume of infectious waste at a place other than the facility at which such waste was generated.

A violation of this section constitutes unlawful possession of infectious waste in the first degree and is a Class 6 felony.

Source: SL 1992, ch 259, § 3.
S.D. Codified Laws § 34A-2-121 — SD Code / Title 34A / Chapter 2 / Section 34A-2-121
Establishment of surface water discharge and pretreatment administrative subfund--Source of funds--Administration--Expenditures--Unexpended funds
Status: in_force

There is hereby established in the environmental fee fund established in § 1-41-23 , the surface water discharge and pretreatment permit administrative subfund. This subfund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and fees received pursuant to §§ 34A-2-117 to 34A-2-120 , inclusive. The subfund shall be maintained separately and be administered by the department in order to defray the expenses of all activities associated with administering the surface water discharge and pretreatment industrial user permit programs. Expenditures from the subfund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the subfund until appropriated by the Legislature.

Source: SL 1992, ch 254, § 59; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-12D-24 — SD Code / Title 34 / Chapter 12D / Section 34-12D-24
Standing to bring injunctive relief against person believed to be about to assist in suicide
Status: in_force

A cause of action for injunctive relief may be maintained against any person who is reasonably believed to be about to violate or who is in the course of violating § 22-16-37 by any person who is:

(1) The spouse, parent, child, sibling, legally appointed guardian, or conservator of the person who would commit suicide;

(2) Entitled to inherit under the laws of intestate succession from the person who would commit suicide or the beneficiary under a life insurance policy of the person who would commit suicide;

(3) Any health care provider of the person who would commit suicide;

(4) Any public official with appropriate jurisdiction to prosecute or enforce the laws of this state.

Source: SDCL § 22-16-37.2; SL 2005, ch 120, §§ 169, 170.
S.D. Codified Laws § 34-12-35.7 — SD Code / Title 34 / Chapter 12 / Section 34-12-35.7
Annual consideration of need for additional nursing facility beds or new nursing facilities
Status: in_force

The Department of Health, with assistance from the Department of Human Services, shall annually consider the need for additional nursing facility beds or additional new nursing facilities or both in the state. The following factors shall be taken into consideration:

(1) The current number of available nursing facility beds and nursing facilities in the state;

(2) The current and projected future need for additional nursing facility beds and nursing facilities in the state and the current long-term care needs of the population to be served;

(3) The number of nursing facility beds available for redistribution and the number of nursing facility beds redistributed pursuant to this chapter;

(4) The potential impact on existing nursing facilities;

(5) Any additional costs to the state or general public that may result; and

(6) Other current and projected long-term healthcare needs across the state.

Source: SL 2012, ch 178, § 2; SL 2017, ch 151, § 1.
S.D. Codified Laws § 34-23A-49.1 — SD Code / Title 34 / Chapter 23A / Section 34-23A-49.1
Inspection information to be posted on department's public website
Status: in_force

The Department of Health shall include information regarding each inspection of an abortion facility on the department's public website no later than forty-five days after the inspection. The information posted on the website must include the date and the result of each inspection. If the result of the inspection requires an abortion provider to take corrective action, the information must include the details of the required corrective action.

Source: SL 2016, ch 178, § 1.
S.D. Codified Laws § 34-21-17 — SD Code / Title 34 / Chapter 21 / Section 34-21-17
Opinions on construction plans--Information from federal and private entities
Status: in_force

The agency, upon request, shall render opinions concerning plans and specifications on the design and shielding for radiation sources that may be submitted before or after construction, for the purpose of determining the possible radiation hazard. The agency shall request that the United States Nuclear Regulatory Commission or other federal agencies submit information pertinent to uranium mining, milling, and exploratory activities to the Department of Agriculture and Natural Resources before those activities commence for the purposes of evaluating the potential for release of radiation to the environment. This information may also be submitted by any person, private business, industry, or corporation involved in uranium mining, milling, and exploration.

Source: SL 1957, ch 122, § 4; SDC Supp 1960, § 27.17A04 (8); SL 1967, ch 107, § 2; SL 1980, ch 242, § 8; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-35-12.1 — SD Code / Title 34 / Chapter 35 / Section 34-35-12.1
Liability for suppression and extinguishment costs collectable by secretary of public safety
Status: in_force

Any person who negligently causes a fire to be started or who does not take reasonable precautions to prevent a fire from spreading and permits a fire to spread beyond the person's control is liable for all fire suppression and extinguishment costs that were caused by the fire and that are collectable by the secretary of public safety under §§ 41-20A-6 and 41-20A-10 . For purposes of this section, the term, person, includes public utilities, railroads, and private utilities.

Source: SL 1996, ch 217, § 1; SL 2002, ch 252 (Ex. Ord. 02-1), § 13; SL 2016, ch 182, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), §§ 14, 68, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-51-4 — SD Code / Title 34 / Chapter 51 / Section 34-51-4
General or individualized investigative treatment--Manufacturer not required to provide--Patient request--Costs
Status: in_force

A manufacturer of a general investigative treatment, or a manufacturer of an individualized investigative treatment operating within an eligible facility, may make the treatment available to an eligible patient, with or without compensation. An eligible facility, or a manufacturer operating within an eligible facility, may require an eligible patient to pay the costs of, or the costs associated with, the manufacture of the individualized investigative treatment.

An eligible patient may request a general or individualized investigative treatment pursuant to this chapter.

This chapter does not require a manufacturer or eligible facility to make available the general or individualized investigative treatment to an eligible patient.

Source: SL 2015, ch 188, § 4; SL 2025, ch 144, § 3.
S.D. Codified Laws § 34-40-2 — SD Code / Title 34 / Chapter 40 / Section 34-40-2
Registration of devices with sheriff required--Notice to criminal investigation division
Status: in_force

Any person, partnership, limited liability company, firm, association, corporation, public or private, or department of state government, except a retailer possessing such device for purposes of resale, who possesses or uses a device designed to propel projectiles for the purpose of subcutaneous injections of tranquilizers, depressants, or other drugs into animals, shall register such device with the sheriff of the county in which such person resides. Each sheriff upon registration of a device under this chapter shall notify the chief agent of the criminal investigation division of such registration.

Source: SL 1967, ch 33, § 1; SL 1994, ch 351, § 65.
S.D. Codified Laws § 34-10-31 — SD Code / Title 34 / Chapter 10 / Section 34-10-31
Effective date of dissolution--Certification as to indebtedness
Status: in_force

A dissolution of a hospital district shall be effective for all purposes six months after the election determining same; provided that at or before such time the board of trustees certifies to the board or boards of county commissioners in whose territory said district is located that all debts and obligations of the district are paid, discharged, or irrevocably settled, together with legal proof thereof.

Source: SL 1959, ch 135, § 18; SDC Supp 1960, § 27.19B18.
S.D. Codified Laws § 34-39-9 — SD Code / Title 34 / Chapter 39 / Section 34-39-9
Use of containers for other purposes as misdemeanor
Status: in_force

No person other than the owner and those authorized by the owner to do so, shall sell, fill, refill, deliver or permit to be delivered, or use in any manner any liquefied petroleum gas container or receptacle for any gas, compound, or for any other purpose whatsoever. A violation of this section is a Class 2 misdemeanor.

Source: SL 1947, ch 98, § 3; SDC Supp 1960, § 31.03A03; SL 1977, ch 190, § 118.
S.D. Codified Laws § 34-46-9 — SD Code / Title 34 / Chapter 46 / Section 34-46-9
Department to develop tobacco prevention and reduction plan--Responsibilities of department
Status: in_force

The Department of Health shall develop and approve a state - wide strategic plan to prevent and reduce tobacco use. The plan shall set forth short term and long term goals, adequate benchmarks and standards by which measures of program success under § 34-46-10 may be appropriately evaluated. The department shall be responsible for establishing program priorities, criteria for awarding grants, and assessing overall program performance.

Source: SL 2000, ch 174, § 3; SL 2001, ch 189, § 2.
S.D. Codified Laws § 34-26-70 — SD Code / Title 34 / Chapter 26 / Section 34-26-70
Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner
Status: in_force

(a) Upon request of a procurement organization, a coroner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the coroner. If the decedent's body or part is medically suitable for transplantation, therapy, research, or education, the coroner shall release post-mortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the post-mortem examination results or other information received from the coroner only if relevant to transplantation or therapy.

(b) The coroner may conduct a medicolegal examination by reviewing all medical records, laboratory test results, X rays, other diagnostic results, and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the coroner which the coroner determines may be relevant to the investigation.

(c) A person that has any information requested by a coroner pursuant to subsection (b) shall provide that information as expeditiously as possible to allow the coroner to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of transplantation, therapy, research, or education.

(d) If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the coroner and a post- mortem examination is not required, or the coroner determines that a post- mortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the coroner and procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation, therapy, research, or education.

(e) If an anatomical gift of a part from the decedent under the jurisdiction of the coroner has been or might be made, but the coroner initially believes that the recovery of the part could interfere with the post-mortem investigation into the decedent's cause or manner of death, the coroner shall consult with the procurement organization or physician or technician designated by the procurement organization about the proposed recovery. After consultation, the coroner may allow the recovery.

(f) Following the consultation under subsection (e), in the absence of mutually agreed upon protocols to resolve conflict between the coroner and the procurement organization, if the coroner intends to deny recovery of an organ for transplantation, the coroner or designee, at the request of the procurement organization, shall attend the removal procedure for the part before making a final determination not to allow the procurement organization to recover the part. During the removal procedure, the coroner or designee may allow recovery by the procurement organization to proceed, or, if the coroner or designee reasonably believes that the part may be involved in determining the decedent's cause or manner of death, deny recovery by the procurement organization.

(g) If the coroner or designee denies recovery under subsection (f), the coroner or designee shall:

(1) Explain in a record the specific reasons for not allowing recovery of the part;

(2) Include the specific reasons in the records of the coroner; and

(3) Provide a record with the specific reasons to the procurement organization.

(h) If the coroner or designee allows recovery of a part under subsection (d), (e), or (f), the procurement organization, upon request, shall cause the physician or technician who removes the part to provide the coroner with a record describing the condition of the part, a biopsy, a photograph, and any other information and observations that would assist in the post-mortem examination.

(i) If a coroner or designee is required to be present at a removal procedure under subsection (f), upon request the procurement organization requesting the recovery of the part shall reimburse the coroner or designee for the additional costs incurred in complying with subsection (f).

Source: SL 2007, ch 197, § 23.
S.D. Codified Laws § 34-29A-23 — SD Code / Title 34 / Chapter 29A / Section 34-29A-23
Reuse of existing boilers
Status: in_force

This chapter shall not be construed as in any way preventing the use, sale, or reinstallation of a boiler referred to in § 34-29A-22 provided it has been made to conform to the rules and regulations of the Department of Public Safety governing existing installations and provided, further, it has not been found upon inspection to be in an unsafe condition.

Source: SL 1973, ch 229, § 5; SL 1982, ch 18, § 51; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-31A-17 — SD Code / Title 34 / Chapter 31A / Section 34-31A-17
General powers of directors
Status: in_force

The board of directors shall have the following general powers:

(1) To determine upon a general fire protection program for the district;

(2) To manage and conduct the business affairs of the district;

(3) To make and execute contracts in the name of and on behalf of the district;

(4) To purchase or lease such fire - fighting equipment, supplies, and other real or personal property as shall be necessary and proper to carry out the general fire protection program of the district;

(5) To incur indebtedness on behalf of the district within the limits prescribed by § 34-31A-31 , and to authorize the issuance of evidences of such indebtedness permitted under this subdivision, and to pledge any real or personal property owned or acquired by the district as security for the same;

(6) To organize, establish, equip, maintain, and supervise a fire department or company to serve the district;

(7) Generally to perform all acts necessary to fully carry out the purposes of this chapter.

Source: SL 1971, ch 208, § 6.
S.D. Codified Laws § 34A-3A-18 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-18
Water quality sample collected upon completion of well--Submission to department--Time period--Minimum analyzation requirements
Status: in_force

Following completion of any new well for domestic use, a water quality sample shall be collected and submitted to the Department of Health Laboratory or another laboratory approved by the department. If the well flows or if the well driller installs the pump, the well driller shall collect and submit the water quality sample. If the pump is not installed by the well driller, the owner shall collect and submit the water sample. The completed analysis shall be submitted to the department by the well driller or owner within thirty days after the submittal of the well completion report which is filed with the department pursuant to § 46-6-11 . At a minimum, the water sample shall be analyzed for nitrate, coliform bacteria, sodium, conductivity, and sulfate. Other contaminants may be analyzed for at the option of the well owner or driller. The owner or well driller shall pay for the cost of all analyses.

Source: SL 1989, ch 306, § 46.
S.D. Codified Laws § 34-9-11 — SD Code / Title 34 / Chapter 9 / Section 34-9-11
Donation of municipal hospital property to nonprofit corporation--Use by corporation as health care facility or medical clinic
Status: in_force

In addition to other powers granted, any municipality may by resolution give to a nonprofit corporation, real and personal property owned by the municipality and used by it in the operation of a health care facility as defined in § 34-12-1.1 or a medical clinic. However, the transfer of property shall be accepted by a majority vote of the directors of the nonprofit corporation, and the property transferred, or the proceeds from the sale thereof, shall be used by the nonprofit corporation in the operation of a health care facility as defined in § 34-12-1.1 or a medical clinic.

Source: SL 1972, ch 191; SL 2000, ch 164, § 1.
S.D. Codified Laws § 34A-13-16 — SD Code / Title 34A / Chapter 13 / Section 34A-13-16
Practices and procedures--Promulgation of rules
Status: in_force

The department may adopt, pursuant to chapter 1-26 , rules regarding its practices and procedures, the form and procedure for applications for compensation from the fund, procedures for investigation of claims, procedures and criteria for determining the amount and type of costs that are eligible for reimbursement from the fund, procedures for acceptable methods of payment from the fund, procedures for persons to perform services for the fund, the method and forms necessary for the collection of the fee, procedures for conducting training and testing, including standards for identifying acceptable performance on a test, of those who perform services to be reimbursed under this chapter, and other provisions necessary to carry out this chapter.

Source: SL 1988, ch 290, § 16; SL 1989, ch 310, § 3; SL 1990, ch 292, § 8; SL 1991, ch 294, § 8; SL 1992, ch 260, § 34A; SL 2024, ch 146, § 10.
S.D. Codified Laws § 34-34A-16 — SD Code / Title 34 / Chapter 34A / Section 34-34A-16
Additional construction requirements not applicable--Zoning and tax laws applicable
Status: in_force

If a manufactured home complies with the standards, neither this state nor any political subdivision thereof may require such manufactured home to comply with any additional building, plumbing, heating, or electrical requirements. However, the State Fire Marshal may promulgate rules for fire safety pursuant to §§ 13-25-1 and 13-25-2 . The provisions of this section do not apply to zoning or taxation.

Source: SL 1973, ch 216, § 9; SL 1976, ch 226; SL 1990, ch 278, § 15; SL 2004, ch 17, § 220.
S.D. Codified Laws § 34-12H-12 — SD Code / Title 34 / Chapter 12H / Section 34-12H-12
Immunity of health care provider
Status: in_force

A health care provider acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider is not subject to civil or criminal liability or to discipline for unprofessional conduct for:

(1) Complying with a MOST and assuming that it was valid when made and has not been revoked;

(2) Not complying with a MOST when it appears it was revoked or invalid when made;

(3) Not complying with a MOST due to the health care provider's beliefs as a matter of conscience; or

(4) The good faith belief that the patient has or lacks decision-making capacity.

Source: SL 2019, ch 146, § 12.
S.D. Codified Laws § 34-31A-32 — SD Code / Title 34 / Chapter 31A / Section 34-31A-32
Deposit in bank of district receipts--Warrants for disbursement
Status: in_force

All funds collected on behalf of the district through the levy of taxes; all donations, contributions, bequests, or annuities; and all borrowed money received by or on behalf of the district shall be deposited in state or national bank to the credit of the district fund and shall be drawn out only by warrant.

Source: SL 1971, ch 208, §§ 7 (3), 9; SDCL Supp, § 34-31A-26 .
S.D. Codified Laws § 34-46-5.1 — SD Code / Title 34 / Chapter 46 / Section 34-46-5.1
Limit on violations during unannounced random inspections
Status: in_force

No person may be charged with more than one violation in any twenty - four hour period which results from sales to persons purchasing during unannounced random inspections.

Source: SL 1999, ch 178, § 2.
S.D. Codified Laws § 34-23A-71 — SD Code / Title 34 / Chapter 23A / Section 34-23A-71
Intent of pregnant mother to inflict self-harm not medical emergency
Status: in_force

No medical emergency may form the basis for an exception to § 34-23A-69 if it is based on a claim or diagnosis that the pregnant mother will engage in conduct which she intends to result in her death or other self harm.

Source: SL 2016, ch 180, § 5.
S.D. Codified Laws § 34-20A-76.1 — SD Code / Title 34 / Chapter 20A / Section 34-20A-76.1
Compensation of court-appointed physician and counselor by county--Reimbursement
Status: in_force

A licensed physician or addiction counselor appointed by the court to examine and assess a person for the purposes of involuntary commitment shall be paid by the county where the hearing and commitment proceedings take place. The physician or addiction counselor shall be compensated for such services in an amount fixed by the circuit judge. The county shall be reimbursed for such expense by the person if the person is financially able to do so. If the person is not financially able to pay such expense, the cost of physician or addiction counselor examination shall be paid to the county by the person legally bound for the support of such person if financially able to do so.

Source: SL 1985, ch 277, § 4; SL 2016, ch 15, § 21.
S.D. Codified Laws § 34A-5-34 — SD Code / Title 34A / Chapter 5 / Section 34A-5-34
Contracts with municipalities for sewage treatment and disposal
Status: in_force

The board of trustees may enter into contracts with any municipality for the purpose of using the facilities of the municipality for the treatment and disposal of sewage of the district or making the facilities of the district available to the municipality.

Source: SL 1947, ch 226, § 15; SL 1953, ch 268; SDC Supp 1960, § 45.3815 (4); SL 1964, ch 144, § 7; SDCL § 34-17-27; SL 1992, ch 60, § 2; SL 2011, ch 165, § 95.
S.D. Codified Laws § 34A-13-40 — SD Code / Title 34A / Chapter 13 / Section 34A-13-40
Limits of reimbursement--Promulgation of rules
Status: in_force

The department may provide by rules, promulgated pursuant to chapter 1-26 , the limits of reimbursement for corrective action and third - party claims. These limits may not exceed those set forth in § 34A-13-8.1 , but may consist of any amount equal to or less than the amounts authorized for releases discovered after April 1, 1990. Any limits provided pursuant to this section are in addition to reasonable defense costs, including attorneys' fees, for third - party claims.

Source: SL 1990, ch 292, § 11; SL 1991, ch 294, § 21; SL 1992, ch 260, § 28; SL 2024, ch 146, § 19.
S.D. Codified Laws § 34-11A-29 — SD Code / Title 34 / Chapter 11A / Section 34-11A-29
Annual and special meetings of voters--Annual election--Notice of election
Status: in_force

A regular meeting of the registered voters who are residing within the boundaries of a district shall be held in the first quarter of each calendar year and special meetings may be called by the board of directors at any time. The annual election shall be conducted during the regular meeting consistent with the provisions of chapter 8-3 . Notice of the annual election shall be given by the secretary-treasurer by one publication in a legal newspaper of general circulation in each county in which the district is situated. The meeting shall be held not less than seven days nor more than fourteen days after the date of publication of the notice.

Source: SL 1982, ch 259, § 31; SL 2002, ch 144, § 4; SL 2007, ch 75, § 5.
S.D. Codified Laws § 34-21-30 — SD Code / Title 34 / Chapter 21 / Section 34-21-30
Inspections for radiation hazards--Report to operator
Status: in_force

The agency may make inspections of radiation sources, shielding, and immediate surroundings for the determination of any possible radiation hazard; and shall provide the owner, user, or operator thereof with a report of any known or suspected deficiencies.

Source: SL 1957, ch 122, § 4; SDC Supp 1960, § 27.17A04 (9); SL 1967, ch 107, § 2.
S.D. Codified Laws § 34A-9-4.1 — SD Code / Title 34A / Chapter 9 / Section 34A-9-4.1
Selection of contractor to prepare statement
Status: in_force

Any agency, other than the Public Utilities Commission, which causes an environmental impact statement to be prepared by contract shall select a contractor proposal acceptable to both the agency and the person seeking a lease, permit, license, or other public entitlement.

Source: SL 1981, ch 269, § 4.
S.D. Codified Laws § 34-48A-51 — SD Code / Title 34 / Chapter 48A / Section 34-48A-51
Civil defense shelters on private property--Immunity from liability
Status: in_force

Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending, mock, or practice attack or other disaster or emergency as defined within this chapter shall, together with his successors in interest, if any, not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises for loss of, or damage to, the property of such person.

Source: SL 1953, ch 288, § 6; SDC Supp 1960, § 41.01C09 (5); SL 1992, ch 236, § 26; SDCL § 33-15-41 .
S.D. Codified Laws § 34A-5-19 — SD Code / Title 34A / Chapter 5 / Section 34A-5-19
Election of additional trustees if increase approved--Terms of office--Certification
Status: in_force

If a majority of the voters approve the question to increase the board of trustees to five, the voters shall elect one additional trustee for a three - year term and one additional trustee for a two - year term at the next regular election and the trustees shall be certified in the same manner as provided by law.

Source: SL 1975, ch 220, § 3; SDCL Supp, § 34-17-16.3; SL 1998, ch 36, § 49.
S.D. Codified Laws § 34A-7-1 — SD Code / Title 34A / Chapter 7 / Section 34A-7-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Beverage," beer or other malt beverages and mineral waters, soda water, and similar carbonated soft drinks in liquid form and intended for human consumption;

(2) "Beverage container," the individual, separate, sealed glass, metal, or plastic bottle, can, jar, or carton containing a beverage;

(3) "Biodegradable," degradable through a process by which fungi or bacteria secrete enzymes to convert a complex molecular structure to simple gasses and organic compounds;

(4) "Degradable," capable of decomposing by biodegradation, photodegradation, or chemical process into harmless component parts after exposure to natural elements for not more than three hundred sixty-five days;

(5) "Litter," any discarded, used, or unconsumed substance or waste, including any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic, or paper containers or other packaging construction material, abandoned motor vehicle, as defined in § 32-36-2 , motor vehicle parts, furniture, oil, carcass of a dead animal, any nauseous or offensive matter of any kind, any object likely to injure any person or create a traffic hazard, or anything else of an unsightly or unsanitary nature, which has been discarded, abandoned or otherwise disposed of improperly;

(6) "Motor vehicle," as that term is defined in § 32-36-2 ;

(7) "Photodegradable," degradable through a process in which ultraviolet radiation in sunlight causes a chemical change in a material;

(8) "Secretary," the secretary of the Department of Agriculture and Natural Resources of South Dakota.

Source: SL 1974, ch 242, § 1; SDCL Supp, § 34-16C-1; SL 1976, ch 214, §§ 3, 8, 10; SL 1989, ch 307, § 1; SL 1989, ch 308, § 1; SL 2011, ch 165, § 125; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-18-2 — SD Code / Title 34A / Chapter 18 / Section 34A-18-2
Oil spill response plan required
Status: in_force

Each crude oil pipeline operator which is issued a permit from the South Dakota Public Utilities Commission under the Energy Conversion and Transmission Facilities Act shall prepare an oil spill response plan. An oil spill response plan must plan for resources for responding, to the maximum extent practicable, to a worst case discharge, and to a substantial threat of such a discharge. Each response plan must include, but not be limited to:

(1) Immediate notification procedures;

(2) Spill detection and mitigation procedures;

(3) The name, address, and telephone number of the oil spill response organization, if appropriate;

(4) Response activities and response resources;

(5) Names and telephone numbers of federal, state, and local agencies which the operator expects to have pollution control responsibilities or support;

(6) Training procedures;

(7) Equipment testing;

(8) Drill types, schedules, and procedures; and

(9) Plan review and update procedures.

No oil spill response plan is effective until it is approved by the department.

Source: SL 2008, ch 180, § 2.
S.D. Codified Laws § 34A-2B-7 — SD Code / Title 34A / Chapter 2B / Section 34A-2B-7
Violation--Corrective action
Status: in_force

If a discharge in violation of § 34A-2B-6 has occurred, or the department has reason to believe that a discharge in violation of § 34A-2B-6 has occurred, the department shall order the responsible person to take corrective action concerning the discharge within a specified time. If the responsible person fails to comply with the department's order, the department may file an injunctive action in the circuit court of the county wherein the discharge has occurred seeking such corrective action. If the discharge occurs at any operation permitted under Title 34A and constitutes a violation of such permit, the department may order the operation to cease and desist further activity for the duration of the corrective action. This section is supplementary to other remedies available to the department under Title 34A.

Source: SL 1998, ch 216, § 10.
S.D. Codified Laws § 34-29B-26 — SD Code / Title 34 / Chapter 29B / Section 34-29B-26
Effect of chapter on local zoning ordinances--Regulation of flammable or combustible liquid bulk plants
Status: in_force

Nothing in this chapter or in the rules pursuant thereto may be construed to affect the power of any local government, if so authorized by law, to regulate the use of land by zoning, and any municipality in which there is no comprehensive zoning ordinance in effect may prohibit the installation of flammable or combustible liquid bulk plants within areas which are predominantly residential and areas used predominantly for retail mercantile purposes.

Source: SL 1991, ch 283, § 74; SL 1992, ch 60, § 2.
S.D. Codified Laws § 34A-18-1 — SD Code / Title 34A / Chapter 18 / Section 34A-18-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Crude oil," any unrefined liquid petroleum;

(2) "Crude oil pipeline operator," any person that is transporting crude oil via a pipeline;

(3) "Department," the South Dakota Department of Agriculture and Natural Resources.

Source: SL 2008, ch 180, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-23A-61 — SD Code / Title 34 / Chapter 23A / Section 34-23A-61
Civil action for failure to comply with chapter
Status: in_force

In any civil action presenting a claim arising from a failure to comply with any of the provisions of this chapter, the following shall apply:

(1) The failure to comply with the requirements of this chapter relative to obtaining consent for the abortion shall create a rebuttable presumption that if the pregnant mother had been informed or assessed in accordance with the requirements of this chapter, she would have decided not to undergo the abortion;

(2) If the trier of fact determines that the abortion was the result of coercion, and it is determined that if the physician acted prudently, the physician would have learned of the coercion, there is a nonrebuttable presumption that the mother would not have consented to the abortion if the physician had complied with the provisions of §§ 34-23A-53 to 34-23A-62 , inclusive;

(3) If evidence is presented by a defendant to rebut the presumption set forth in subdivision (1), then the finder of fact shall determine whether this particular mother, if she had been given all of the information a reasonably prudent patient in her circumstance would consider significant, as well as all information required by §§ 34-23A-53 to 34-23A-62 , inclusive, to be disclosed, would have consented to the abortion or declined to consent to the abortion based upon her personal background and personality, her physical and psychological condition, and her personal philosophical, religious, ethical, and moral beliefs;

(4) The pregnant mother has a right to rely upon the abortion doctor as her source of information, and has no duty to seek any other source of information, other than from a pregnancy help center as referenced in §§ 34-23A-56 and 34-23A-57 , prior to signing a consent to an abortion;

(5) No patient or other person responsible for making decisions relative to the patient's care may waive the requirements of this chapter, and any verbal or written waiver of liability for malpractice or professional negligence arising from any failure to comply with the requirements of this chapter is void and unenforceable.

Source: SL 2011, ch 161, § 9; SL 2012, ch 186, § 10.
S.D. Codified Laws § 34-3-15 — SD Code / Title 34 / Chapter 3 / Section 34-3-15
Officers of district board--Expenses of board members
Status: in_force

The membership of the district board of health shall elect a president and a vice - president and the health officer shall be ex officio secretary. Members of the board shall receive no compensation but shall receive their actual and necessary travel expenses incurred in the performance of their duties.

Source: SL 1953, ch 129, § 6; SDC Supp 1960, § 27.18A06.
S.D. Codified Laws § 34-20G-29 — SD Code / Title 34 / Chapter 20G / Section 34-20G-29
Information required for issuance of registry identification cards--Fee--Fee waiver for follow-up assessment
Status: in_force

The department shall issue a registry identification card to a qualifying patient who submits the following, in accordance with rules promulgated by the department:

(1) A written certification issued by a practitioner within ninety days immediately preceding the date of an application;

(2) The application or renewal fee;

(3) The name, address, and date of birth of the qualifying patient, except that if the applicant is homeless, no address is required;

(4) The name, address, and telephone number of the qualifying patient's practitioner;

(5) The name, address, and date of birth of the designated caregiver, or designated caregivers, chosen by the qualifying patient;

(6) If more than one designated caregiver is designated at any given time, documentation demonstrating that a greater number of designated caregivers are needed due to the patient's age or medical condition;

(7) The name of no more than two dispensaries that the qualifying patient designates, if any; and

(8) If the qualifying patient designates a designated caregiver, a designation as to whether the qualifying patient or designated caregiver will be allowed under state law to possess and cultivate cannabis plants for the qualifying patient's medical use.

When a practitioner conducts a follow-up assessment with a patient, within sixty days of issuing the patient a written certification, and the purpose of the follow-up assessment is to assess the patient's response to the use of medical cannabis and to determine whether to issue the patient a second written certification, the fee required under subdivision (2) is waived, if the patient reapplies for the second registry identification card. A patient may only receive one fee waiver under this section per calendar year.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2023, ch 121, § 2.
S.D. Codified Laws § 34-20-28 — SD Code / Title 34 / Chapter 20 / Section 34-20-28
State predatory animal control program unimpaired
Status: in_force

Section 34-20-24 shall not apply to the laying out of poison by the Department of Game, Fish and Parks, its employees or agents or persons or forces cooperating with or under the direction of said department for the extermination of predatory animals.

Source: SL 1921, ch 328; SL 1937, ch 191; SDC 1939, § 13.1502; SL 1971, ch 205.
S.D. Codified Laws § 34A-10-13 — SD Code / Title 34A / Chapter 10 / Section 34A-10-13
Collateral estoppel--Res judicata
Status: in_force

The doctrines of collateral estoppel and res judicata shall be applied by the court to prevent multiplicity of suits.

Source: SL 1973, ch 144, § 6 (3); SDCL Supp, § 21-10A-13.
S.D. Codified Laws § 34-20C-5 — SD Code / Title 34 / Chapter 20C / Section 34-20C-5
Persons from whom damages recoverable
Status: in_force

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

(1) Any person who knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was actually used by the user;

(2) Any person who knowingly participated in the illegal drug market if:

(a) The place of illegal drug activity by the user is within the illegal drug market target community of the defendant;

(b) The defendant's participation in the illegal drug market was connected with the same type of illegal drug used by the user; and

(c) The defendant participated in the illegal drug market at any time during the user's period of illegal drug use.

Source: SL 1997, ch 203, § 6.
S.D. Codified Laws § 34-5-7 — SD Code / Title 34 / Chapter 5 / Section 34-5-7
Accumulation of unexpended balances in fund--Diversion for other purposes prohibited
Status: in_force

Any unexpended balance remaining in the county snow removal and special emergency fund at the end of the fiscal year shall be allowed to accumulate as a reserve fund and available for future use as set forth in § 34-5-3 . No part of the fund created under § 34-5-2 shall revert to the general funds of the county nor shall any of said fund be used for any other purposes.

Source: SL 1953, ch 32, § 4; SDC Supp 1960, § 12.0617-7; SL 1967, ch 15, § 1.
S.D. Codified Laws § 34A-16-21 — SD Code / Title 34A / Chapter 16 / Section 34A-16-21
Manner of billing and collecting--Discontinuance of service
Status: in_force

The rates and charges may be billed and collected in a manner the board shall determine. The board may impose a fee as a deposit for the service provided by the district. The district may, with notice, discontinue service to any person who fails to pay for the service provided by the district. Any district which discontinues service pursuant to this section shall notify the municipality, or county if the person whose service is discontinued resides outside a municipality, in writing that such person's service has been discontinued. Any municipality or county which is notified pursuant to this section shall enforce the applicable public nuisance provisions in force in the municipality or county.

Source: SL 1993, ch 259, § 23.
S.D. Codified Laws § 34-11A-32 — SD Code / Title 34 / Chapter 11A / Section 34-11A-32
Tax levy for capital outlay fund
Status: in_force

In addition to any tax levy authorized pursuant to § 34-11A-19 or 34-11A-20 , the board of directors of an ambulance district may authorize an annual levy of a tax not to exceed fifty cents per thousand dollars of taxable valuation on the taxable valuation of the district for the capital outlay fund.

Source: SL 1992, ch 241, § 2.
S.D. Codified Laws § 34-23A-58.4 — SD Code / Title 34 / Chapter 23A / Section 34-23A-58.4
Registry may not include entities licensed to place children for adoption or perform abortions--List of licensed persons who provide counseling--Removal from registry for failure to comply
Status: in_force

Prior to adding an entity to the registry of pregnancy help centers, the department shall cross-reference the state's records to ensure that the entity is not licensed to place children for adoption or licensed to perform abortions. The department may not list on the registry any entity which is licensed to place children for adoption or which is licensed to perform abortions. The department shall cross-reference the state's records at least once each calendar year to ensure that any pregnancy help center already on the registry of pregnancy help centers has not been licensed to place children for adoption or licensed to perform abortions. If a pregnancy help center on the registry is so licensed, the department shall remove that pregnancy help center from the registry. Each year, commencing in 2015, each pregnancy help center listed on the state registry maintained by the department shall, by January twentieth, provide the department with a list of licensed persons who may provide the counseling at the pregnancy help center in compliance with §§ 34-23A-58.1 , 34-23A-58.2 , and 34-23A-58.3 . If a pregnancy help center fails to provide such list by January twentieth in any particular year, the department shall issue a notice to the pregnancy help center that if it fails to provide such list of licensed persons within ninety days of the receipt of such notice, the department will remove the pregnancy help center from the registry of pregnancy help centers authorized to provide the counseling required by §§ 34-23A-53 to 34-23A-61 , inclusive, and described under § 34-23A-59 . The department shall cross-reference the state's records to confirm that the licensed persons listed by the pregnancy help center maintain a current license. The department may inquire of any licensed persons listed by a registered pregnancy help center to confirm that they are available for the counseling required by the law. If the department determines that a pregnancy help center on the registry does not have a person currently licensed to provide the required counseling, the department shall notify the pregnancy help center of that determination and if the pregnancy help center cannot demonstrate that it has a licensed person to provide the counseling consistent with the law, the department shall remove the pregnancy help center from the registry. If a pregnancy help center is removed by the department from its registry pursuant to this section, the department shall inform all physicians, facilities, and entities to whom the department provides a copy of the registry of pregnancy help centers that the pregnancy help center is removed.

Source: SL 2014, ch 167, § 3.
S.D. Codified Laws § 34-23A-28 — SD Code / Title 34 / Chapter 23A / Section 34-23A-28
Application of partial-birth abortion prohibition
Status: in_force

The provisions of §§ 34-23A-27 to 34-23A-33 , inclusive, do not apply to any partial - birth abortion that is necessary to save the life of the mother because her life is endangered by a physical disorder, illness, or injury, including a life - endangering condition caused by or arising from the pregnancy itself, if no other medical procedure would suffice for that purpose.

Source: SL 1997, ch 129, § 2.
S.D. Codified Laws § 34A-1-1 — SD Code / Title 34A / Chapter 1 / Section 34A-1-1
Policy of state--Purpose of chapter
Status: in_force

It is hereby declared to be the public policy of the state to achieve and maintain reasonable levels of air quality which will protect human health and safety, prevent injury to plant and animal life and property, foster the comfort and convenience of its inhabitants, promote the economic and social development of the state and, to the greatest degree practicable, facilitate the enjoyment of the natural attractions of the state. It is also declared that local and regional air pollution control programs are to be supported to the extent practicable as essential instruments for the securing and maintenance of appropriate levels of air quality. To these ends it is the purpose of this chapter to provide for a coordinated state - wide program of air pollution prevention, abatement and control, for an appropriate distribution of responsibilities among the state and local units of government, and to facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within single jurisdictions, and to provide a framework within which all values may be balanced in the public interest.

Source: SL 1970, ch 203, § 1; SDCL Supp, § 34-16A-1.
S.D. Codified Laws § 34-55-4 — SD Code / Title 34 / Chapter 55 / Section 34-55-4
Application--Contents
Status: in_force

An applicant for a grant under this chapter shall provide the following information on the application:

(1) The location of the project;

(2) The proposed training;

(3) The number of personnel to be trained;

(4) The total cost of the training and associated expenses; and

(5) Any additional information requested by the attorney general.

Source: SL 2021, ch 160, § 4, eff. Mar. 25, 2021.
S.D. Codified Laws § 34-31A-46 — SD Code / Title 34 / Chapter 31A / Section 34-31A-46
Election by territory residents on annexation of territory
Status: in_force

The residents of any territory proposed to be annexed into a rural fire protection district may, by petition, call for an election on such annexation. The petition shall be signed by five percent of the voters residing within the territory included within the proposed annexation. The petition shall be submitted within twenty days of the district's governing body's vote to propose the annexation. The election shall be held within ninety days of the submission of the petition, but if the petition is submitted within one hundred twenty days of a regularly scheduled election of the rural fire protection district, the governing body of the rural fire protection district may place such question on the regular election ballot. The election on the annexation shall be voted upon only by those residing within the territory proposed to be annexed, and shall be decided by majority vote.

Source: SL 1995, ch 198.
S.D. Codified Laws § 34-29B-23 — SD Code / Title 34 / Chapter 29B / Section 34-29B-23
Meetings of board--Time and place set by secretary of public safety
Status: in_force

The state fire marshal's advisory board shall meet whenever directed by the secretary of public safety. The secretary shall give notice to the members setting forth the time and place of the meeting.

Source: SL 1991, ch 283, § 24; SL 2003, ch 272, § 23.
S.D. Codified Laws § 34-31A-28 — SD Code / Title 34 / Chapter 31A / Section 34-31A-28
Fire protection payments by tax-exempt organizations--Minimum--Assessment
Status: in_force

Any club, lodge, chapter, charitable home, dormitory, state or county fair association, or like organization located within a rural fire protection district and outside the boundaries of any municipality, shall pay to the board of directors of the district annually for fire protection 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.

Source: SL 1971, ch 208, § 15; SL 1976, ch 224, § 3.
S.D. Codified Laws § 34-52-1 — SD Code / Title 34 / Chapter 52 / Section 34-52-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Health care professional," as defined in § 58-17F-1 ;

(2) "Health care facility," any office or institution where health services are provided, including any hospital, clinic, ambulatory surgery center, outpatient care facility, nursing home, assisted living facility, laboratory, or office of a health care professional;

(3) "Originating site," a site where a patient is located at the time health care services are delivered to the patient via telehealth;

(4) "Store-and-forward technology," secure electronic information, imaging, or data, including audio, video, and data communication that is transferred or recorded or otherwise stored for asynchronous delivery of health care services to a patient; and

(5) "Telehealth," the use of secure electronic information, imaging, and communication technologies by a health care professional to deliver health care services to a patient, including interactive audio-video, interactive audio with store and forward, store-and-forward technology, and remote patient monitoring. Telehealth does not include the delivery of health care services through electronic means under the provisions of chapter 27A-10 .

Source: SL 2019, ch 156, § 1; SL 2020, ch 151, § 1; SL 2021, ch 158, § 1.
S.D. Codified Laws § 34-18-10.4 — SD Code / Title 34 / Chapter 18 / Section 34-18-10.4
Initial license fee for food service establishment, lodging establishment, and campground
Status: in_force

A one-time initial license fee of one hundred dollars shall be charged to any new food service establishment, lodging establishment, or campground upon initial licensure.

Source: SL 2009, ch 165, § 4.
S.D. Codified Laws § 34-23A-72 — SD Code / Title 34 / Chapter 23A / Section 34-23A-72
Requirements when abortion of unborn child capable of feeling pain necessary due to medical emergency
Status: in_force

When an abortion of an unborn child capable of feeling pain is necessary due to a medical emergency, the physician shall deliver the child in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive, but only if it is consistent with preserving the pregnant mother's life and preventing an irreversible impairment of a major bodily function of the pregnant woman.

Source: SL 2016, ch 180, § 6.
S.D. Codified Laws § 34-11A-31 — SD Code / Title 34 / Chapter 11A / Section 34-11A-31
Capital outlay fund established--Uses
Status: in_force

The capital outlay fund of an ambulance district is a fund provided by law to meet expenditures of three hundred dollars or more which result in the acquisition of or additions to real property, plant or equipment. Such an expenditure shall be for land, existing facilities, improvement of grounds, construction of facilities, additions to facilities, remodeling of facilities, or for the purchase of equipment.

Source: SL 1992, ch 241, § 1.
S.D. Codified Laws § 34-10-7 — SD Code / Title 34 / Chapter 10 / Section 34-10-7
Qualifications of electors in district
Status: in_force

An individual is entitled to vote at an election conducted in a proposed hospital district if the individual is registered as a voter, pursuant to chapter 12-4 , and is a resident of the proposed hospital district.

Source: SL 1959, ch 135, § 8; SDC Supp 1960, § 27.19B08; SL 1972, ch 76, § 23; SL 2026, ch 63, § 4, eff. Mar. 26, 2026.
S.D. Codified Laws § 34-20B-68 — SD Code / Title 34 / Chapter 20B / Section 34-20B-68
Trial court jurisdiction to enjoin violations
Status: in_force

The trial courts of the state shall have jurisdiction in proceedings in accordance with the rules of these courts to enjoin violations of this chapter.

Source: SL 1970, ch 229, § 11 (d) (1); SDCL Supp, § 39-17-127.
S.D. Codified Laws § 34-20G-92 — SD Code / Title 34 / Chapter 20G / Section 34-20G-92
Oversight committee--Membership
Status: in_force

The Executive Board of the Legislative Research Council shall appoint an oversight committee consisting of:

(1) Two members of the Senate;

(2) Two members of the House of Representatives;

(3) One physician licensed in accordance with chapter 36-4 ;

(4) One physician assistant licensed in accordance with chapter 36-4A ;

(5) One certified nurse practitioner licensed in accordance with chapter 36-9A ;

(6) One chief of police for a municipality having a population in excess of fifty-thousand, or a representative of the police department designated by the chief;

(7) One sheriff of a county or a representative of the sheriff's office designated by the sheriff;

(8) One professional counselor licensed in accordance with chapter 36-32 or one addiction counselor licensed in accordance with chapter 36-34 ; and

(9) One qualifying patient.

Each appointee shall serve for a term of two years and may be reappointed.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 135, § 1; SL 2023, ch 125, § 1.
S.D. Codified Laws § 34-18-10.2 — SD Code / Title 34 / Chapter 18 / Section 34-18-10.2
Notice--Closure order on failure to secure license--Injunctive relief
Status: in_force

If it is determined that a lodging establishment, campground, food service, or mobile food service establishment has not secured a license pursuant to § 34-18-10 , the secretary shall notify the owner of such establishment. If the owner refuses or fails to comply with the provisions of § 34-18-10 within fourteen calendar days after notification, the secretary shall, subject to the requirements of chapter 1-26 , issue a closure order to the owner of the establishment until such time as the owner complies with the licensure requirements. If the establishment or campground continues to operate after a closure order is issued, the secretary may refer the matter to the appropriate state's attorney for criminal proceedings or the attorney general's office for injunctive relief.

Source: SL 1988, ch 279, § 4.
S.D. Codified Laws § 34A-1-52 — SD Code / Title 34A / Chapter 1 / Section 34A-1-52
Enforcement remedies not barred by actions for penalties
Status: in_force

Action pursuant to § 34A-1-39 or the second paragraph of § 34A-1-14 is not a bar to enforcement of this chapter or rules in force pursuant to this chapter, and orders made pursuant to this chapter by injunction or other appropriate remedy.

Source: SL 1970, ch 203, § 15; SDCL Supp, § 34-16A-59; SL 1977, ch 280, § 18; SL 2011, ch 165, § 29.
S.D. Codified Laws § 34-20E-10 — SD Code / Title 34 / Chapter 20E / Section 34-20E-10
Contracts to facilitate operation of prescription drug monitoring program
Status: in_force

The board may contract with another agency of this state, with an agency of another state, or with a private vendor to facilitate the effective operation of the prescription drug monitoring program. Any contractor is bound to comply with the provisions regarding confidentiality of prescription drug information in this chapter and is subject to termination or sanction, or both, for unlawful acts.

Source: SL 2010, ch 175, § 10.
S.D. Codified Laws § 34-29B-16 — SD Code / Title 34 / Chapter 29B / Section 34-29B-16
Notice of violation
Status: in_force

Except as provided in this chapter, if the state fire marshal finds violations of this chapter, a written notice shall be issued to confirm such findings. The notice shall set forth a time limit for compliance, which limit shall be correlated to the degree of hazard created by the violation and availability of means of abatement.

Source: SL 1991, ch 283, § 17.
S.D. Codified Laws § 34-25-22 — SD Code / Title 34 / Chapter 25 / Section 34-25-22
Reference to state's attorney, sheriff, or police of death from other than natural causes
Status: in_force

If the county coroner has reason to believe that the death may have been due to other than natural causes, he shall then refer the case to the state's attorney, sheriff, or police for further investigation.

Source: SL 1931, ch 267, § 7; SDC 1939, § 27.0209; SL 1968, ch 113.
S.D. Codified Laws § 34-26A-13.1 — SD Code / Title 34 / Chapter 26A / Section 34-26A-13.1
Required time before cremation--Waiver--Coroner's release
Status: in_force

Except as otherwise provided in this section, a decedent may not be cremated for twenty-four hours following:

(1) The decedent's time of death, as pronounced by a physician, or other health care professional acting within the person's scope of practice; or

(2) The time at which a declaration of the decedent's death is made by the coroner or other person having the authority to make that declaration.

The prohibition set forth in this section may be waived, in writing, by a physician or by the coroner, if death is the result of a virulent communicable disease.

If a death is being investigated by a coroner, cremation may not take place before a written release is provided by the investigating coroner.

Source: SL 2023, ch 129, § 8.
S.D. Codified Laws § 34-35-7 — SD Code / Title 34 / Chapter 35 / Section 34-35-7
Expense of fireguard upon township line
Status: in_force

The expense of making any fireguard running upon or adjacent to the township line shall be borne equally by the two townships between which the fireguard is made.

Source: SL 1893, ch 91, § 4; RPolC 1903, § 1134; SL 1905, ch 111; RC 1919, § 6131; SDC 1939, § 58.1004; SL 2014, ch 48, § 27.
S.D. Codified Laws § 34-26A-4.2 — SD Code / Title 34 / Chapter 26A / Section 34-26A-4.2
Crematory licensure--Expiration--Renewal--Crematory inspection--Fee
Status: in_force

Licensure as a crematory, issued in accordance with § 34-26A-4.1 , expires one year after the date of issuance and must be renewed annually, at the time and in the manner determined by the State Board of Funeral Service. The board may inspect any crematory, during regular business hours, to verify compliance with applicable laws and rules and shall inspect each crematory, during regular business hours, at least once every three years.

The board shall require a renewal fee in the amount of three hundred fifty dollars.

Source: SL 2023, ch 129, § 5; SL 2025, ch 160, § 5.
S.D. Codified Laws § 34-20B-3.1 — SD Code / Title 34 / Chapter 20B / Section 34-20B-3.1
Controlled substance analogue
Status: in_force

A controlled substance analogue shall be treated as a controlled substance in schedule I.

Source: SL 2013, ch 156, § 2, eff. Mar. 6, 2013.
S.D. Codified Laws § 34-20A-105.1 — SD Code / Title 34 / Chapter 20A / Section 34-20A-105.1
Opioid antagonist--Employer--Dispense--Administer--Over the counter exemption--Employer immunity
Status: in_force

A licensed health care professional may, directly or by standing order, dispense or distribute an opioid antagonist that requires a prescription to an employer.

An employer may acquire and make available on the employer's premises an opioid antagonist that requires a prescription if the employer:

(1) Develops a protocol for the transport, storage, maintenance, and location of the opioid antagonist;

(2) Provides training and instruction, developed by the Department of Health and made available on the Department of Health website, to employees or personnel authorized to administer an opioid antagonist on the employer's premises; and

(3) Prominently posts instructions on the administration of an opioid antagonist and post-administration protocol, if the employer makes it accessible to the public.

The requirements of this section do not apply to an opioid antagonist that is available over the counter. An employer may acquire and distribute an opioid antagonist that is available over the counter to any person.

An employer, employee, or other authorized personnel of an employer may not be held liable for any death, injury, or damage that arises out of the administration of, the self-administration of, or the failure to administer an opioid antagonist, if such action or inaction constitutes ordinary negligence.

Source: SL 2023, ch 118, § 1; SL 2025, ch 137, § 1.
S.D. Codified Laws § 34A-16-14 — SD Code / Title 34A / Chapter 16 / Section 34A-16-14
Powers of district
Status: in_force

A regional recycling and waste management district is hereby granted all powers necessary or convenient to perform its duties, including the ability to enter into any contract necessary or proper for the exercise of its powers or the accomplishment of its purposes.

Source: SL 1993, ch 259, § 14.
S.D. Codified Laws § 34-29A-49 — SD Code / Title 34 / Chapter 29A / Section 34-29A-49
Judicial review of order--Summary hearing
Status: in_force

Within thirty days after any order or act of the secretary of public safety, any person aggrieved thereby may file a petition in the circuit court for a review thereof. The court shall summarily hear the petition and may make any appropriate order or decree.

Source: SL 1973, ch 229, § 19; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34A-13-9 — SD Code / Title 34A / Chapter 13 / Section 34A-13-9
Cost of corrective action--Amount of reimbursement--Exceptions
Status: in_force

A responsible person is liable for the cost of the corrective action taken by the department, including the cost of investigating the release and administrative and legal expenses of the fund. This chapter does not create any new cause of action for damages on behalf of third parties for release of petroleum products against the fund, petroleum marketer, or covered parties. Reimbursement must be made to a covered party who qualifies pursuant to the criteria set forth in this chapter.

No reimbursement from the fund may be made to a covered party if:

(1) Corrective action has been taken in an emergency pursuant to § 34A-13-4 , and the responsible person failed to report the existence of the emergency;

(2) The department has taken corrective action because a responsible person could not be identified or a tank has not been registered as required by law; or

(3) The conditions of § 34A-13-8.5 have not been met.

Source: SL 1988, ch 290, § 9; SL 1989, ch 310, § 2; SL 1990, ch 292, § 4; SL 1991, ch 294, § 4; SL 1992, ch 260, § 10; SL 1995, ch 71, § 190; SL 2013, ch 166, § 36; SL 2024, ch 146, § 7.
S.D. Codified Laws § 34-20G-59 — SD Code / Title 34 / Chapter 20G / Section 34-20G-59
Local government prohibition of dispensaries not permitted
Status: in_force

No county or municipality may prohibit a dispensary, either expressly or through the enactment of an ordinance that makes the operation of the dispensary impracticable in the county or municipality.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 137, § 3.
S.D. Codified Laws § 34-20H-8 — SD Code / Title 34 / Chapter 20H / Section 34-20H-8
Criminal prosecution--Civil liability--Exemptions--Immunity
Status: in_force

A drug manufacturer, acting reasonably and in good faith, is not subject to criminal prosecution, or civil liability, for the death of or injury to a person, or for damage to or destruction of property, resulting from any donation, acceptance, or dispensing of a prescription drug under §§ 34-20H-2 to 34-20H-6 , inclusive, nor for any failure to transfer or communicate product information.

Any person, other than a drug manufacturer referenced in this section, acting reasonably and in good faith, is not subject to:

(1) Criminal prosecution or civil liability, for:

(a) The death of, or injury to another person who received a donated prescription drug or medical supply under §§ 34-20H-2 to 34-20H-6 , inclusive;

(b) Damage to or destruction of property resulting from the donation of a prescription drug or medical supply under §§ 34-20H-2 to 34-20H-6 , inclusive; or

(2) Disciplinary action for any act or omission related to the donation, acceptance, distribution, or dispensing of a donated prescription or medical supply, in accordance with §§ 34-20H-2 to 34-20H-6 , inclusive.

Source: SL 2022, ch 137, § 8.
S.D. Codified Laws § 34A-6-61 — SD Code / Title 34A / Chapter 6 / Section 34A-6-61
Definitions
Status: in_force

(1) "Agency" or "state agency," each association, authority, board, commission, committee, council, department, division, office, officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty, including the legislative and judicial branches of the government of the state, but not including local units of government such as counties, townships, municipalities, chartered governmental units, school or other special districts, or Indian tribes;

(2) “Auxiliary container,” any bag, can, cup, bottle, package, pouch, container, or other packaging, whether designed to be reusable or single-use, that is made of cloth, paper, plastic, including foamed or expanded plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material, or similar material or substrates, including coated, laminated, or multi-layer substrates, and that is designed for consuming, transporting, or protecting merchandise, food, or beverages from or at a food service facility or retail facility;

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

(4) "Local unit of government," a county, municipality, school district, special district or other political subdivision of the State of South Dakota or a similar unit of government of another state or nation;

(5) "Major appliance," a major residential or commercial appliance, including any air conditioner, clothes dryer, clothes washer, dishwasher, freezer, kitchen range, microwave oven, refrigerator, television, or water heater;

(6) "Motor vehicle," a motor vehicle as defined in § 32-3-1 ;

(7) "Municipality," a municipality as defined in § 9-1-1 ;

(8) "Paper and paper products," paper items including paper napkins, towels, corrugated and other cardboard, toilet tissue, high - grade office paper, newsprint, offset paper, bond paper, xerographic bond paper, mimeo paper, and duplicator paper;

(9) "Plastic," any material made of polymeric organic compounds and additives that can be shaped by flow;

(10) "Plastic bottle," a plastic container having a neck that is smaller than the body of the container, accepts a screw - type, snap cap, or other closure, and has a capacity of sixteen fluid ounces or more, but less than five gallons;

(11) "Plastic product label," a molded imprint or raised symbol on or near the bottom of a plastic product;

(12) "Postconsumer material," products generated by a business or consumer that have served their intended end uses and that have been separated or diverted from solid waste for the purpose of collection, recycling, and disposition;

(13) "Recovered material," material which is recovered or derived from solid waste;

(14) "Recovered paper material," paper waste generated after the completion of the papermaking process, such as postconsumer material, envelope cuttings, bindery trimmings, printing waste, cutting and other converting waste, butt rolls and mill wrappers, obsolete inventories, and rejected unused stock. The term does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste, water, or trimmings of paper machine rolls; or fibrous by - products of harvesting, extractive, or woodcutting processes; or forest residue such as bark;

(15) "Recyclable materials," materials that are separated from solid waste for the purpose of recycling, including paper, glass, plastics, metals, motor oil, tires, and batteries;

(16) "Recycled," the quality of being manufactured from or consisting of, in whole or part, materials derived from solid waste;

(17) "Recycled paper," a paper product with not less than forty percent of its total weight consisting of postconsumer material and recovered paper material and at least ten percent of the total weight of recycled paper is of postconsumer materials;

(18) "Recycling," any process by which waste, or materials that would otherwise become waste, are collected, separated, or processed and revised or returned to use in the form of raw materials or products. The term includes the composting of yard waste which has been previously separated from other waste, but does not include any form of energy recovery;

(19) "Rigid plastic containers," any formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible shape or form with a capacity of eight ounces or more, but less than five gallons;

(20) "Sanitary landfill," a solid waste disposal facility in which solid waste is buried between layers of earth;

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

(22) "Solid waste," solid waste as defined in § 34A-6-1.3 ;

(23) "Solid waste disposal facility," a solid waste disposal facility as defined in § 34A-6-1.3 ;

(24) "Source reduction," practices that reduce, avoid, or eliminate both the generation of solid waste and the use of toxic materials so as to reduce risks to health and the environment and to avoid, reduce, or eliminate the generation of wastes or environmental pollution at the source and not merely achieved by shifting a waste output or waste stream from one environmental medium to another environmental medium;

(25) "Universal recycling symbol," an equilateral triangle formed by three arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The arrowhead of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the three arrows curved at their midpoints, shall depict a clockwise path;

(26) "Waste oil," any oil after use that is contaminated through storage or handling before the oil is recycled;

(27) "Waste tire," a tire that is no longer suitable for its original purpose because of wear, damage, or defect;

(28) "Waste tire collection site," a site used for the storage, collection, or deposit of waste tires;

(29) "Waste tire collector," a person who owns or operates a site used for the storage, collection, or deposit of more than fifty waste tires;

(30) "Waste tire processing," producing or manufacturing usable materials from waste tires. The term does not include incineration of tires for fuel or energy recovery purposes;

(31) "Waste tire processing site," a site used for the processing of waste tires and owned or operated by a tire processor who has a permit for the site; and

(32) "Yard waste," leaves, grass clippings, and other similar waste vegetative material.

Source: SL 1992, ch 254, § 23; SL 1993, ch 261; SL 2020, ch 153, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-20F-6 — SD Code / Title 34 / Chapter 20F / Section 34-20F-6
Record of identification of buyer
Status: in_force

If offering for sale loose leaf incense, a retailer shall, before making such a sale, require and make a record of the identification of the person purchasing the product. For purposes of this section, the term, identification, means a document issued by a governmental agency which contains a description of the person or a photograph of the person, or both, and gives the person's date of birth, such as a driver license, passport, or military identification card. The retailer shall maintain the record of identification, including the purchaser's name and date of birth. On August 1, 2012, and no later than the fifth day of every month thereafter, the retailer shall send any such records to the Office of the Attorney General. No retailer may use or maintain the record for any private or commercial purpose or disclose the record to any person, except as authorized by law. The retailer shall disclose the record, upon request, to a law enforcement agency for a law enforcement purpose.

Source: SL 2012, ch 185, § 5, eff. Mar. 2, 2012.
S.D. Codified Laws § 34-23A-14 — SD Code / Title 34 / Chapter 23A / Section 34-23A-14
Hospital not required to perform abortions--No liability for refusal of abortion as policy
Status: in_force

No hospital licensed pursuant to the provisions of chapter 34-12 is required to admit any patient for the purpose of terminating a pregnancy pursuant to the provisions of this chapter. No hospital is liable for its failure or refusal to participate in such termination if the hospital has adopted a policy not to admit patients for the purpose of terminating pregnancies as provided in this chapter.

Source: SL 1973, ch 146, § 8.
S.D. Codified Laws § 34-26-18 — SD Code / Title 34 / Chapter 26 / Section 34-26-18
Failure to make burial as misdemeanor--Civil liability for treble expenses
Status: in_force

Every person upon whom the duty of making burial of the remains of a deceased person is imposed by law, who omits to perform that duty within a reasonable time, is guilty of a Class 1 misdemeanor; and, in addition to the punishment prescribed therefor, is liable to pay to the person performing the duty in his stead, treble the expenses incurred by the latter in making the burial, to be recovered in a civil action.

Source: PenC 1877, § 356; CL 1887, § 6557; RPenC 1903, § 361; RC 1919, § 3875; SDC 1939, § 13.1415; SL 1977, ch 190, § 69.
S.D. Codified Laws § 34-23A-81 — SD Code / Title 34 / Chapter 23A / Section 34-23A-81
Legislative finding regarding noncompliance with subsection34-23A-10.1(1)(b)
Status: in_force

The Legislature finds that the failure to comply with subsection 34-23A-10.1 (1)(b) is contrary to the interests of pregnant mothers and pregnant mothers' need to make truly informed and voluntary decisions, and is not in keeping with the spirit and purpose of the law and the holdings of the United States Court of Appeals in Planned Parenthood v. Rounds , 530 F.3d 724 (8th Cir. 2008)( en banc ) and the United States District Court, entered August 20, 2009, Planned Parenthood v. Rounds , 650 F.Supp. 2d 972, 976 (S.D., S. Div. 2009).

Source: SL 2018, ch 205, § 8.
S.D. Codified Laws § 34A-2-25 — SD Code / Title 34A / Chapter 2 / Section 34A-2-25
Technology considered in determining economic justification for waste
Status: in_force

In determining the justification for economic development under § 34A-2-24 , the board shall consider and require in its decision, technology reasonably available for all discharges into that segment of state waters affected by the decision, which will result in further progress toward the goal of eliminating the discharge of all wastes.

Source: SL 1973, ch 280, § 8 (2); SDCL Supp, § 46-25-43; SL 1988, ch 285, § 5.
S.D. Codified Laws § 34-11A-5 — SD Code / Title 34 / Chapter 11A / Section 34-11A-5
Two or more counties in proposed district--Procedure
Status: in_force

If the proposed district is situated within two or more counties, the county auditor of the county containing the largest area, shall confer with the auditor of any other county concerned, and shall obtain a certificate as to the adequacy of the petitions or resolution pertaining to such county. Thereafter the auditor of the county containing the largest area shall designate a time and place for hearing before a joint meeting of the boards of county commissioners of all counties in which the proposed district is to be situated and shall give notice thereof by publication in a manner provided in § 34-11A-6 .

Source: SL 1982, ch 259, § 5; SL 2000, ch 165, § 1.
S.D. Codified Laws § 34-23B-1 — SD Code / Title 34 / Chapter 23B / Section 34-23B-1
Prenatal effects of drug and alcohol use
Status: in_force

Any primary health care provider of obstetrical care to a pregnant woman and any counselor who provides services to a pregnant woman shall educate all pregnant patients as to the prenatal effects of drugs and alcohol. The Department of Health and the Department of Social Services shall offer educational materials and guidance to such physicians, health care providers, and chemical dependency counselors for the purpose of assuring accurate and appropriate patient education.

Source: SL 1993, ch 252, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 34A-8-10 — SD Code / Title 34A / Chapter 8 / Section 34A-8-10
Importation, possession, sale, or purchase of endangered or threatened species under permit, license, or other documentation--Violation as misdemeanor
Status: in_force

A species of wildlife appearing on any of the lists enumerated in § 34A-8-9 may enter South Dakota from another state or from a point outside the territorial limits of the United States and may be transported, possessed, sold, and purchased in accordance with the terms of a permit issued pursuant to rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26 . However, a person may transport into South Dakota or otherwise possess, sell, or purchase within the state any animal or parts thereof appearing on any of the lists enumerated in § 34A-8-9 that were lawfully taken or acquired in another state or lawfully taken or acquired from a point outside the territorial limits of the United States if the items are accompanied by the appropriate license, documentation, Convention on International Trade in Endangered Species (CITES) permit, or CITES tag. It is a Class 2 misdemeanor to transport, possess, sell or purchase a species of wildlife appearing on any of the lists enumerated in § 34A-8-9 in violation of the conditions of a permit, or to transport, possess, sell, or purchase any part thereof, in violation of the provisions of this section. The provisions of this section do not apply to any captive nondomestic animal of the mammalia class and the products thereof regulated by the Animal Industry Board under Title 40.

Source: SL 1977, ch 335, § 6; SL 1993, ch 256, § 34; SL 2007, ch 236, § 4.
S.D. Codified Laws § 34-12G-16 — SD Code / Title 34 / Chapter 12G / Section 34-12G-16
Restrictions on participation
Status: in_force

No person may participate in the program established pursuant to the provisions of §§ 34-12G-10 to 34-12G-17 , inclusive, if the person has previously participated in such program, or any other state or federal scholarship, loan repayment, or tuition reimbursement program which obligates the person to provide medical services within an underserved area.

Source: SL 2012, ch 180, § 7.
S.D. Codified Laws § 34A-6-1.27 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.27
Hearing upon emergency order--Time and place--Procedure
Status: in_force

Upon issuing an order pursuant to § 34A-6-1.26 , the secretary shall fix a place and time for a hearing before the board, not later than five days after the order is issued, unless the person to whom the order is directed requests a later time. The secretary may deny a request for a later time if the secretary finds that the person to whom the order is directed is not complying with the order. The hearing shall be conducted by the board in compliance with chapter 1-26 and rules promulgated by the board pursuant to chapter 1-26 .

Source: SL 1989, ch 306, § 27; SL 1993, ch 256, § 29; SL 2011, ch 165, § 115.
S.D. Codified Laws § 34-24-34 — SD Code / Title 34 / Chapter 24 / Section 34-24-34
Prohibited medical interventions--Intent--Actions
Status: in_force

Except as provided in § 34-24-35 , a healthcare professional may not, for the purpose of attempting to alter the appearance of, or to validate a minor's perception of, the minor’s sex, if that appearance or perception is inconsistent with the minor's sex, knowingly:

(1) Prescribe or administer any drug to delay or stop normal puberty;

(2) Prescribe or administer testosterone, estrogen, or progesterone, in amounts greater than would normally be produced endogenously in a healthy individual of the same age and sex;

(3) Perform any sterilizing surgery, including castration, hysterectomy, oophorectomy, orchiectomy, penectomy, and vasectomy;

(4) Perform any surgery that artificially constructs tissue having the appearance of genitalia differing from the minor's sex, including metoidioplasty, phalloplasty, and vaginoplasty; or

(5) Remove any healthy or non-diseased body part or tissue.

Source: SL 2023, ch 127, § 2.
S.D. Codified Laws § 34-29B-24 — SD Code / Title 34 / Chapter 29B / Section 34-29B-24
Effect of adoption of this chapter or repeal of other provisions on time limits imposed by existing laws
Status: in_force

The adoption of this chapter or the repeal of any other existing provision of law including regulations or orders may not be construed to alter any time limit that may have been imposed by any existing law, regulation, or order of the state fire marshal relating to compliance with such limits.

Source: SL 1991, ch 283, § 25.
S.D. Codified Laws § 34-20D-3 — SD Code / Title 34 / Chapter 20D / Section 34-20D-3
Requirements for display and offer of product containing pseudoephedrine or ephedrine as active ingredient
Status: in_force

Any retailer who offers for sale a product containing pseudoephedrine or ephedrine as an active ingredient shall display and offer the product for sale, except as otherwise provided, behind a counter where the public is not permitted or in a locked case so that a customer wanting access to the package must ask a store employee for assistance. The retailer may display or offer for sale without restriction a product containing pseudoephedrine or ephedrine as an active ingredient if the product is displayed using any type of anti-theft device system including an electronic anti-theft device system that utilizes a product tag and detection alarm which prevents the theft of the product.

Source: SL 2005, ch 178, § 3; SL 2006, ch 181, § 3.
S.D. Codified Laws § 34-48A-7 — SD Code / Title 34 / Chapter 48A / Section 34-48A-7
Powers and duties of workers from sending political subdivision
Status: in_force

Any emergency management worker on duty in a receiving political subdivision has the same powers, duties, rights, privileges, and immunities as if the worker was performing like services in the sending political subdivision and is considered to be acting within the scope and in the course of the worker's regular employment, as an employee of the sending political subdivision.

Source: SDC Supp 1960, ch 41.01C as added by SL 1969, ch 169, § 1; SL 1977, ch 271, § 36; SL 1992, ch 236, § 3; SDCL § 33-15-8.2 .
S.D. Codified Laws § 34A-11-26 — SD Code / Title 34A / Chapter 11 / Section 34A-11-26
County or municipal disposal fee--Distribution of fee shares
Status: in_force

In addition to the hazardous waste disposal fee assessed by the state under § 34A-11-25 , a county or municipality may impose and levy a hazardous waste disposal fee upon the disposal of hazardous waste at any hazardous waste disposal facility within, or operated under, its jurisdiction excluding those facilities disposing of hazardous waste in a process of energy recovery. Fees imposed under this section are in addition to all other fees and taxes levied by law. The incineration or thermal destruction of hazardous waste is considered disposal for the purpose of this fee.

The fee imposed by this section shall be paid by the owner of the hazardous waste disposal facility and remitted to the county or municipal treasurer. The obligation of the owner to pay the fee accrues at the time hazardous waste is disposed of at a hazardous waste disposal facility. The owner of the facility may collect these fees from persons disposing of hazardous waste at the owner's facility. The fee imposed by this section is payable on or before the fifteenth day of the month next succeeding the month in which the fee accrued together with a return on forms prescribed by the county or municipal treasurer. Each person required to pay the fee imposed by this section shall keep complete and accurate records in a form required by the county or municipal treasurer.

The county or municipality may distribute shares of this fee to the municipalities and school districts within its boundary as it deems appropriate considering the location of the facility and the impacts on the representation jurisdiction.

Source: SL 1990, ch 289, § 6; SL 2011, ch 165, § 151.