S.D. Codified Laws § 34-34A-19 — SD Code / Title 34 / Chapter 34A / Section 34-34A-19
Standards for installation--Rules
Status: in_force

The State Fire Marshal shall establish standards for the installation of manufactured homes and may adopt rules pursuant to chapter 1-26 in the following areas:

(1) Definitions;

(2) Siting and foundation systems;

(3) Exterior plumbing;

(4) Exterior mechanical equipment (heating and cooling);

(5) Exterior fuel supply;

(6) Exterior electrical;

(7) Life and fire safety;

(8) Anchoring for wind upset and sliding;

(9) Other rules necessary to implement the provisions of 24 C.F.R. § 3283, as of April 1, 1990.

Source: SL 1973, ch 216, § 11; SL 1986, ch 22, § 9; SL 1990, ch 278, § 16; SL 1991, ch 284, § 2; SL 2004, ch 17, § 221.
S.D. Codified Laws § 34-12D-13 — SD Code / Title 34 / Chapter 12D / Section 34-12D-13
Immunity from civil or criminal liability, and from professional discipline
Status: in_force

A health care provider is not subject to civil or criminal liability or to professional disciplinary action for giving effect to a declaration, absent actual knowledge of its revocation, for determining that a terminal condition does or does not exist or for declining to give effect to a declaration under § 34-12D-11 .

Source: SL 1991, ch 273, § 12; SL 2007, ch 193, § 8.
S.D. Codified Laws § 34A-1-20 — SD Code / Title 34A / Chapter 1 / Section 34A-1-20
Maintenance of motor vehicle emission control devices--Violation
Status: in_force

The Board of Minerals and Environment may promulgate rules pursuant to chapter 1-26 to control emissions from motor vehicles by the proper maintenance of all emission control equipment with which the vehicle was equipped at the time of original purchase. Any violation of these rules is subject to § 34A-1-39 .

Source: SL 1973, ch 222, § 3; SDCL Supp, § 34-16A-26.1; SL 1980, ch 238, § 15; SL 1992, ch 158, § 12; SL 1993, ch 256, § 6.
S.D. Codified Laws § 34-51-1 — SD Code / Title 34 / Chapter 51 / Section 34-51-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Eligible facility," an institution operating under a federalwide assurance for the protection of human subjects, pursuant to 45 C.F.R. Part 46 (January 1, 2025);

(2) "Eligible patient," an individual who has:

(a) A disease or condition that is life-threatening or severely debilitating, as those terms are defined in 21 C.F.R § 312.81 (January 1, 2025), attested by the patient's treating physician;

(b) Considered all other treatment options approved by the United States Food and Drug Administration;

(c) Received a recommendation from the individual's treating physician for a general investigative treatment, or an individualized investigative treatment based on an analysis of the individual's genomic sequence, human chromosomes, deoxyribonucleic acid, ribonucleic acid, genes, gene products, or metabolites;

(d) Given informed consent for the general or individualized investigative treatment; and

(e) Documentation from the individual's treating physician that the individual meets the requirements of this chapter;

(3) "General investigative treatment," any drug, biological product, or device that has successfully completed phase one of a clinical trial but has not yet been approved for general use by the United States Food and Drug Administration and remains under investigation in a clinical trial approved by the United States Food and Drug Administration;

(4) "Individualized investigative treatment," any drug, biological product, or device, from a manufacturer operating within an eligible facility, which is unique to and produced exclusively for an individual patient's use based on the patient's genetic profile; and

(5) "Physician," any individual licensed pursuant to chapter 36-4 .

Source: SL 2015, ch 188, § 1; SL 2025, ch 144, § 1.
S.D. Codified Laws § 34-23A-36 — SD Code / Title 34 / Chapter 23A / Section 34-23A-36
Annual public report--Information included
Status: in_force

The department shall issue a public report on or before July first of each year providing the same detailed information required by the reporting forms required by §§ 34-23A-34 to 34-23A-45 , inclusive. The public report shall cover the entire previous calendar year and shall be compiled from the data in all the reporting forms required by §§ 34-23A-34 to 34-23A-45 , inclusive, and submitted to the department in accordance with §§ 34-23A-34 to 34-23A-45 , inclusive. Each public report shall also provide detailed information for all previous calendar years, adjusted to reflect any additional information from late or corrected reports. The department shall take care to ensure that none of the information included in the public reports may reasonably lead to identification of any physician who performed or treated an abortion or any mother who has had an abortion.

Source: SL 1998, ch 209, § 3; SL 2015, ch 183, § 1; SL 2019, ch 150, § 1.
S.D. Codified Laws § 34-22-1.1 — SD Code / Title 34 / Chapter 22 / Section 34-22-1.1
State system of quarantine--Inspection and isolation of conveyances of common carriers
Status: in_force

If necessary the Department of Health may establish and enforce a system of quarantine against the introduction into the state of any communicable disease by a common carrier doing business across the state's borders. Any member, officer, or agent of the department may board any conveyance used by a common carrier to inspect the conveyance. If the conveyance is found infected, contaminated, or otherwise containing any disease-causing agent, the department may detain the conveyance, and isolate and quarantine any or all persons found in the conveyance, including luggage, until all danger of disease from the conveyance is removed.

Source: SL 1913, ch 109, § 6; RC 1919, § 7669; SDC 1939, § 27.0107; SDCL § 34-22-1 ; SL 2015, ch 181, § 2.
S.D. Codified Laws § 34-37-10 — SD Code / Title 34 / Chapter 37 / Section 34-37-10
Periods and time during which retail sales permitted--Violation as misdemeanor
Status: in_force

A person is guilty of a Class 1 misdemeanor if the person offers any fireworks for sale to any other person at retail other than during the period between June twenty-seventh and July fifth or during the period between December twenty-eighth and January first.

A person who is issued a license under § 34-37-2.2 may sell fireworks to out-of-state residents for the periods designated in § 34-37-2.2 . A person who is issued a late season license under § 34-37-2.2 or a retailer license under § 34-37-2 may sell any fireworks to residents and nonresidents during the period from December twenty-eighth to January first.

A retail licensee may not make any sale of fireworks between the hours of twelve a.m. and seven a.m.

Source: SL 1949, ch 41, § 2; SDC Supp 1960, § 13.1607-1; SL 1964, ch 31, § 1; SL 1983, ch 259, § 8; SL 1985, ch 282, § 2; SL 1986, ch 27, § 33; SL 2011, ch 162, § 2; SL 2013, ch 161, § 2; SL 2019, ch 154, § 8, eff. Mar. 20, 2019.
S.D. Codified Laws § 34-20G-51 — SD Code / Title 34 / Chapter 20G / Section 34-20G-51
Medical purpose defense
Status: in_force

Except as provided in § 34-20G-18 and this section, a person may assert the medical purpose for using cannabis as a defense to any prosecution involving cannabis, and such defense is presumed valid where the evidence shows that:

(1) A practitioner has stated that, in the practitioner's professional opinion, after having completed a full assessment of the person's medical history and current medical condition made in the course of a bona fide practitioner-patient relationship, the patient has a debilitating medical condition and the potential benefits of using cannabis for medical purposes would likely outweigh the health risks for the person;

(2) The person was in possession of no more than three ounces of cannabis, the amount of cannabis products allowed by department rules, two flowering cannabis plants, two cannabis plants that are not flowering, and the cannabis produced by those plants;

(3) The person was engaged in the acquisition, possession, use, manufacture, cultivation, or transportation of cannabis, paraphernalia, or both, relating to the administration of cannabis to treat or alleviate the person's debilitating medical condition or symptoms associated with the person's debilitating medical condition; and

(4) Any cultivation of cannabis and storage of more than three ounces of cannabis occurred in a secure location that only the person asserting the defense could access.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 119, § 2.
S.D. Codified Laws § 34A-11-24 — SD Code / Title 34A / Chapter 11 / Section 34A-11-24
Hazardous waste revolving fund--Administration--Use of funds
Status: in_force

There is hereby established in the state treasury a special revolving fund to be designated as the hazardous waste revolving fund. This fund shall consist of all moneys from all lawful public and private sources including legislative appropriations, federal grants, gifts, fees received pursuant to §§ 34A-11-12.1 and 34A-11-16.1 and interest on investments made on money in the fund. The fund shall be maintained separately and be administered by the Department of Agriculture and Natural Resources in order to retain consulting and legal services and to defray such other expenses as are reasonable and necessary in order to process applications for hazardous waste disposal facilities and to monitor their operations. Fees not expended on a facilities application or monitoring shall remain a part of the fund but may not be expended for any purpose except the investigation and inspection of hazardous waste management facilities or the processing of hazardous waste management facilities permit applications or modifications. Moneys may be deposited in this fund on an ongoing basis and this fund shall constitute a continuing appropriation of these moneys to be expended for the purposes of §§ 34A-11-12.1 and 34A-11-16.1 .

Source: SL 1990, ch 289, § 4; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-5-43 — SD Code / Title 34A / Chapter 5 / Section 34A-5-43
Hearing and resolution to annex or exclude territory--County commissioners' approval required
Status: in_force

At the time of the hearing, or of any adjournment of the hearing, the trustees shall consider any objections to the proposed resolution and may adopt the resolution, with or without amendment, as it may deem proper. However, no amendment may be made affecting any property not described in the original resolution. No such resolution may be adopted unless the resolution has been approved by the board of county commissioners of the county in which the land is situated.

Source: SL 1967, ch 227, § 2; SDCL § 34-17-36; SL 2011, ch 165, § 103.
S.D. Codified Laws § 34-37-1 — SD Code / Title 34 / Chapter 37 / Section 34-37-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Consumer fireworks," fireworks designed primarily to produce visible effects by combustion; that comply with the construction, chemical composition, and labeling regulations promulgated by the U.S. Consumer Product Safety Commission 16 C.F.R. Part 1507, effective January 1, 2019, and that are classified as 1.4G, UN0336 under the American Pyrotechnics Association Standard 87-1, 2001 edition;

(2) "Display fireworks," fireworks regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives that are not intended for consumer use and are normally used at a public event and classified as 1.3G, UN0335 under the American Pyrotechnics Association Standard 87-1, 2001 edition;

(3) "Public event," use of fireworks for commerce on public property or sponsored by a public entity;

(4) "Retailer" or "Retailer licensee," includes any person licensed under this chapter to engage in the business of making sales of fireworks at retail;

(5) "Retail sale," the sale of fireworks to any person not licensed to sell fireworks or for any purpose other than for resale;

(6) "Sale," any transfer, exchange, or barter, conditional or otherwise, in any manner or by any means, for consideration;

(7) "Wholesaler" or "Wholesaler licensee," any person licensed under this chapter to engage in the business of making sales of fireworks to retailers for resale to consumers.

Source: SL 1964, ch 31, § 1; SL 1983, ch 259, § 1; SL 1998, ch 213, § 1; SL 2019, ch 154, § 1, eff. Mar. 20, 2019.
S.D. Codified Laws § 34A-17-5 — SD Code / Title 34A / Chapter 17 / Section 34A-17-5
Validity--Effect on other instruments
Status: in_force

(a) An environmental covenant that complies with this chapter runs with the land.

(b) An environmental covenant that is otherwise effective is valid and enforceable even if:

(1) It is not appurtenant to an interest in real property;

(2) It can be or has been assigned to a person other than the original holder;

(3) It is not of a character that has been recognized traditionally at common law;

(4) It imposes a negative burden;

(5) It imposes an affirmative obligation on a person having an interest in the real property or on the holder;

(6) The benefit or burden does not touch or concern real property;

(7) There is no privity of estate or contract;

(8) The holder dies, ceases to exist, resigns, or is replaced; or

(9) The owner of an interest subject to the environmental covenant and the holder are the same person.

(c) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before the effective date of this chapter is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (b) or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter does not apply in any other respect to such an instrument.

(d) This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this state.

Source: SL 2005, ch 196, § 5.
S.D. Codified Laws § 34-35-15.1 — SD Code / Title 34 / Chapter 35 / Section 34-35-15.1
Sellers of fireworks or pyrotechnics in business before July 1, 2007 not subject to Black Hills district boundary change
Status: in_force

Any person or commercial entity that, before July 1, 2007, was legally engaged in the retail sale, wholesale sale, storage, or transport of fireworks or pyrotechnics, or any successor to any such person or commercial entity, may continue to engage in any such sales, storage, or transport activity, notwithstanding any changes made to the boundaries of the Black Hills Forest Fire Protection District that take effect on July 1, 2007.

Source: SL 2007, ch 198, § 2.
S.D. Codified Laws § 34-21-23 — SD Code / Title 34 / Chapter 21 / Section 34-21-23
Unauthorized exposure to diagnostic or therapeutic radiation as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for any person to expose any other person to diagnostic or therapeutic radiation unless:

(1) The person giving diagnostic or therapeutic radiation is licensed to practice the healing art or is a duly licensed dentist in the State of South Dakota;

(2) The person gives diagnostic or therapeutic radiation exposure upon the direction of a person licensed to practice the healing art or a duly licensed dentist in the State of South Dakota.

Source: SL 1957, ch 122, § 6; SDC Supp 1960, § 27.17A06; SL 1977, ch 190, § 55.
S.D. Codified Laws § 34-12-7 — SD Code / Title 34 / Chapter 12 / Section 34-12-7
Department of Health authorized to issue licenses--Promulgation of rules
Status: in_force

The State Department of Health may issue licenses to operate a health care facility or related institutions as defined in § 34-12-1.1 which, after application and inspection, are found to comply with the provisions of this chapter, and the rules adopted by the State Department of Health. Provision may be made for annual or biennial licenses, prorated license fees, and multiple licenses for health care facilities providing different levels of care and services to patients. To implement this section, the State Department of Health may promulgate rules pursuant to chapter 1-26 .

Source: SL 1925, ch 220, § 3; SDC 1939, § 27.1203; SL 1945, ch 108, § 7; SL 1953, ch 123, § 7; SDC Supp 1960, § 27.1207; SL 1969, ch 107; SL 1978, ch 248; SL 1986, ch 278, § 6; SL 1992, ch 244; SL 2009, ch 164, § 2.
S.D. Codified Laws § 34-48-6 — SD Code / Title 34 / Chapter 48 / Section 34-48-6
Authority of personnel
Status: in_force

All personnel deployed by the deploying public agency or covered entity retain all authority of the deploying public agency or covered entity and are entitled to act with all authority available to similarly situated personnel of the public agency or covered entity receiving assistance. Any law enforcement officer acting under the provisions of this chapter has the same authority to act as any other law enforcement officer of the requesting agency while responding to the request.

Source: SL 2006, ch 189, § 6; SL 2013, ch 164, § 2.
S.D. Codified Laws § 34-44-1 — SD Code / Title 34 / Chapter 44 / Section 34-44-1
Definitions
Status: in_force

Terms used in this chapter mean:

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

(2) "Asbestos contractor," any person that undertakes an asbestos project, including inspections for asbestos - containing materials, prepares an asbestos management plan, or designs or carries out an asbestos abatement project;

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

(4) "Trained worker," any person who has successfully completed specified training in and can demonstrate knowledge of the health and safety aspects of working with asbestos;

(5) "Worker," an employee or agent of an asbestos contractor or facility owner or operator who has minimal awareness training.

Source: SL 1988, ch 284, § 1; SL 1990, ch 280, § 1; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-35-20 — SD Code / Title 34 / Chapter 35 / Section 34-35-20
Interstate compact for the prevention and control of forest fires
Status: in_force

The Governor of South Dakota may execute a compact on behalf of the state with any one or more states who may by their legislative bodies, authorize a compact, in form substantially as follows:

The purpose of this compact is to promote effective prevention and control of forest fires in the great plains region of the United States by the maintenance of adequate forest fire fighting services by the member states, and by providing for reciprocal aid in fighting forest fires among the compacting states of the region. Subject to the consent of the Congress of the United States, any province of Canada which is contiguous to a compact member state may become a party to this compact by taking such action as its laws and the laws of Canada prescribe for ratification. The term, state, in this compact includes within its meaning the term, province, and the procedures prescribed shall be applied to a province, in accordance with the forms and practices of the Canadian government.

This compact is operative immediately as to those states ratifying it if any two or more of the member states have ratified it.

In each state, the state forester or officer holding the equivalent position who is responsible for forest fire control may act as compact administrator for that state and may consult with like officials of the other member states and may implement cooperation between the states in forest fire prevention and control. The compact administrators of the member states may organize to coordinate the services of the member states and provide administrative integration in carrying out the purposes of this compact. Each member state may formulate and put in effect a forest fire plan for that state.

If the state forest fire control agency of a member state requests aid from the state forest fire control agency of any other member state in combating, controlling, or preventing forest fires, the state forest fire control agency of that state may render all possible aid to the requesting agency, consonant with the maintenance of protection at home.

If the forces of any member state are rendering outside aid pursuant to the request of another member state under this compact, the employees of the state shall, under the direction of the officers of the state to which they are rendering aid, have the same powers (except the power of arrest), duties, rights, privileges, and immunities as comparable employees of the state to which they are rendering aid.

No member state or its officers or employees rendering outside aid pursuant to this compact is liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection with rendering the outside aid.

All liability, except as otherwise provided in this compact, that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.

Any member state rendering outside aid pursuant to this compact shall be reimbursed by the member state receiving the aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and maintenance of employees and equipment incurred in connection with such request. However, nothing in this compact prevents any assisting member state from assuming such loss, damage, expense, or other cost or from loaning such equipment or from donating such services to the receiving member state without charge or cost.

Each member state shall assure that workers compensation benefits in conformity with the minimum legal requirements of the state are available to all employees and contract firefighters sent to a requesting state pursuant to this compact.

For the purposes of this compact the term, employee, includes any volunteer or auxiliary legally included within the forest fire fighting forces of the aiding state under the laws of the aiding state.

The compact administrators may formulate procedures for claims and reimbursement under the provisions of this article, in accordance with the laws of the member states.

Ratification of this compact does not affect any existing statute so as to authorize or permit curtailment or diminution of the forest fighting forces, equipment, services, or facilities of any member state.

Nothing in the compact authorizes or permits any member state to curtail or diminish its forest fire fighting forces, equipment, services, or facilities. Each member state shall maintain adequate forest fire fighting forces and equipment to meet demands for forest fire protection within its borders in the same manner and to the same extent as if this compact were not operative.

Nothing in this compact limits or restricts the powers of any state ratifying the compact to provide for the prevention, control, and extinguishment of forest fires, or to prohibit the enactment or enforcement of state laws, rules, or regulations intended to aid in the prevention, control, and extinguishment in the state.

Nothing in this compact affects any existing or future cooperative relationship or arrangement between the United States Forest Service and a member state or states.

Representatives of the United States Forest Service may attend meetings of the compact administrators.

The provisions of Articles IV and V of this compact that relate to reciprocal aid in combating, controlling, or preventing forest fires are operative as between any state party to this compact and any other state which is party to this compact and any other state that is party to a regional forest fire protection compact in another region if the Legislature of the other state has given its assent to the mutual aid provisions of this compact.

This compact shall continue in force and remain binding on each state ratifying it until the Legislature or the Governor of the state takes action to withdraw from the compact. Such action is not effective until six months after notice of the withdrawal has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact.

Source: SL 2006, ch 186, § 1; SL 2016, ch 182, § 3.
S.D. Codified Laws § 34-20B-49 — SD Code / Title 34 / Chapter 20B / Section 34-20B-49
Criminal penalties in addition to civil and administrative penalties
Status: in_force

Any penalty imposed for violation of §§ 34-20B-42 to 34-20B-48 , inclusive, shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law.

Source: SL 1970, ch 229, § 10 (g); SDCL Supp, § 39-17-112; SL 1977, ch 189, § 123.
S.D. Codified Laws § 34-46-10 — SD Code / Title 34 / Chapter 46 / Section 34-46-10
Tobacco prevention and reduction plan--Programs or grants
Status: in_force

The tobacco prevention and reduction plan and moneys allocated therefor may be used for the following programs or grants:

(1) Community based programs;

(2) School based programs;

(3) State - wide programs;

(4) Cessation programs;

(5) Public education and counter marketing;

(6) Enforcement of effective tobacco laws;

(7) Evaluation of tobacco programs; or

(8) Administration and oversight.

Source: SL 2000, ch 174, § 4.
S.D. Codified Laws § 34-26-6 — SD Code / Title 34 / Chapter 26 / Section 34-26-6
Dissection of body of state institution inmate--Consent of next of kin required--Abandoned inmate
Status: in_force

The right to dissect the dead body of a human being exists whenever the person dying is at the time of death an inmate of any charitable institution supported by the State of South Dakota, and such person is at the time of death under medical treatment by physicians appointed or under supervision of said authority; provided however, that before such dissection is allowed an order shall be made by the superintendent or person having charge of such charitable institution stating that in his opinion such dissection is necessary or advisable for the purpose of obtaining knowledge of the cause of the death of such person or necessary for the treatment of others; and, before such dissection be allowed the consent of the next of kin of said deceased person shall be obtained, unless said deceased person shall have been neglected or abandoned by said kin for a period of not less than six months next preceding the time of death of such person, and when no inquiry for or in regard to said deceased person shall have been made by the next of kin of said deceased person for a period of six months next preceding the death of such person, such person shall be deemed abandoned for said period.

Source: SL 1895, ch 75, § 1; RPenC 1903, § 356, subdiv 4; RC 1919, § 3870 (4); SDC 1939, § 27.1304 (4).
S.D. Codified Laws § 34A-2B-6 — SD Code / Title 34A / Chapter 2B / Section 34A-2B-6
Compliance with conditions of permits--Discharge
Status: in_force

The discharge of manure and other materials or wastes associated with livestock operations is prohibited unless pursuant to and in compliance with the conditions of permits issued in accordance with environmental statutes in Title 34A.

Source: SL 1998, ch 216, § 9.
S.D. Codified Laws § 34-29A-10 — SD Code / Title 34 / Chapter 29A / Section 34-29A-10
Replacement of lost or destroyed commission
Status: in_force

If a commission is lost or destroyed, a new commission shall be issued in its place without another examination.

Source: SL 1973, ch 229, § 13.
S.D. Codified Laws § 34-12I-14 — SD Code / Title 34 / Chapter 12I / Section 34-12I-14
Allegation of misconduct--Request for video
Status: in_force

(1) An allegation of neglect, abuse, or other misconduct has been filed against the facility in a civil, criminal, or administrative action; and

(2) The recording contains evidence pertinent to the alleged neglect, abuse, or other misconduct.

Source: SL 2020, ch 152, § 14.
S.D. Codified Laws § 34-39-2 — SD Code / Title 34 / Chapter 39 / Section 34-39-2
Sale of gas by approved weights and measures required--Violation as misdemeanor
Status: in_force

It is a Class 2 misdemeanor to sell or offer for sale, either at wholesale or retail, any liquefied petroleum gas, either in liquid or vapor form, except by weights and measures that are approved by the department.

Source: SL 1957, ch 165, § 1; SDC Supp 1960, § 31.03A06; SL 1977, ch 190, § 113; SL 2004, ch 17, § 226; SL 2016, ch 183, § 2.
S.D. Codified Laws § 34-24-20 — SD Code / Title 34 / Chapter 24 / Section 34-24-20
Phenylketonuria, hypothyroidism and galactosemia tests provided by department for newborn not tested
Status: in_force

If the required report to the Department of Health shows that the newborn infant was not tested for phenylketonuria, for hypothyroidism or for galactosemia, the department may arrange for the infant to be tested.

Source: SL 1973, ch 233, § 6; SL 1982, ch 264, § 4; SL 1991, ch 277, § 3.
S.D. Codified Laws § 34-37-2.2 — SD Code / Title 34 / Chapter 37 / Section 34-37-2.2
Sales to out-of-state residents--Early and late season licenses--Copy of law and map provided with sale--Violation as misdemeanor
Status: in_force

In addition to any license required under § 34-37-2 , for any sales to out-of-state residents, a retailer licensee may obtain:

(1) An early season license to operate from May first to June twenty-sixth, with a required fee of one thousand dollars; or

(2) A late season license to operate from July sixth to August thirty-first, and from December twenty-eighth to January first, with a required fee of one thousand dollars.

A retailer licensee with a license issued under this section that is located west of the Missouri River shall provide any consumer with a copy of any law that prohibits the use of fireworks and a map of the Black Hills Forest Fire Protection District with any sale of fireworks, other than any sale occurring from June twenty-seventh to July fifth. A violation of this section is a Class 1 misdemeanor.

Source: SL 1983, ch 259, § 2; SL 1985, ch 282, § 1; SL 1986, ch 27, § 32; SL 2011, ch 162, § 1; SL 2019, ch 154, § 4, eff. Mar. 20, 2019.
S.D. Codified Laws § 34-11A-21 — SD Code / Title 34 / Chapter 11A / Section 34-11A-21
Tax levy and special assessment--Collection
Status: in_force

The tax and the special assessment shall be collected as other taxes and special assessments are collected in the county.

Source: SL 1982, ch 259, § 22; SL 2000, ch 166, § 5.
S.D. Codified Laws § 34-23A-46 — SD Code / Title 34 / Chapter 23A / Section 34-23A-46
Licensing of abortion facilities
Status: in_force

Except as provided by § 34-23A-47 , no person may establish or operate an abortion facility in this state without an appropriate license issued under §§ 34-23A-46 to 34-23A-51 , inclusive. Each abortion facility shall have a separate license. No abortion facility license is transferrable or assignable.

Source: SL 2006, ch 182, § 2.
S.D. Codified Laws § 34A-6-109.1 — SD Code / Title 34A / Chapter 6 / Section 34A-6-109.1
Purchases to be made by check or electronic funds transfer
Status: in_force

Any payment for the purchase of nonferrous metal property that exceeds one hundred dollars shall be made by either check or electronic funds transfer.

Source: SL 2019, ch 161, § 2.
S.D. Codified Laws § 34-20B-81 — SD Code / Title 34 / Chapter 20B / Section 34-20B-81
Unlawful substances deemed contraband--Summary forfeiture
Status: in_force

All property described in subdivision 34-20B-70(1) shall be deemed contraband and shall be summarily forfeited to the state. Controlled substances or marijuana which are seized or come into possession of the state, the owners of which are unknown, shall be deemed contraband and shall be summarily forfeited to the state.

Source: SL 1977, ch 317, § 6.
S.D. Codified Laws § 34A-2-125.1 — SD Code / Title 34A / Chapter 2 / Section 34A-2-125.1
Concentrated animal feeding operation--Operation with water pollution control permit--Nutrient management plan--Annual fee
Status: in_force

In addition to any other tax or fee levied by law, there is hereby imposed on any concentrated animal feeding operation or any operation that processes or stores manure or process wastewater and is required to operate under a water pollution control permit pursuant to § 34A-2-36.2 or 34A-2-36.3 an annual fee as provided for in this section and § 34A-2-125.2 .

In the case of an operation with a water pollution control permit that includes a nutrient management plan, other than a livestock auction, an operation located outside of this state, or an operation located in Indian country, as defined in 40 C.F.R § 122.2 (April 21, 2020), the fee is based on the maximum permitted number of animals and is as follows:

(1) $0.43 per mature dairy cow, milked or dry;

(2) $0.30 per other cattle or bison;

(3) $0.60 per horse;

(4) $0.03 per weaned swine less than fifty-five pounds;

(5) $0.12 per swine equal to or greater than fifty-five pounds;

(6) $0.03 per sheep or weaned lamb;

(7) $0.0055 per turkey;

(8) $0.0027 per chicken; and

(9) $0.01 per duck or goose.

Source: SL 2025, ch 145, § 1; SL 2026, ch 155, § 1.
S.D. Codified Laws § 34-26-11 — SD Code / Title 34 / Chapter 26 / Section 34-26-11
Use of unclaimed bodies by medical school--Burial of remains
Status: in_force

Bodies delivered pursuant to § 34-26-8 unclaimed after the expiration of sixty days may be used for the promotion of medical and surgical science, and the instruction and study of physicians and students of anatomy and embalming in this state. After having served such purpose, the remains shall in all cases receive proper burial.

Source: SL 1909, ch 278, § 3; RC 1919, § 5595; SDC 1939, § 15.1104.
S.D. Codified Laws § 34-20H-5 — SD Code / Title 34 / Chapter 20H / Section 34-20H-5
Reimbursement
Status: in_force

A drug or medical supply that has been donated may not be resold or considered eligible for reimbursement under the medical assistance program, as set forth in chapter 28-6 .

Nothing in this section requires a health plan or pharmacy benefit manager to be reimbursed for donated drugs or medical supplies.

Source: SL 2022, ch 137, § 5.
S.D. Codified Laws § 34-20B-48 — SD Code / Title 34 / Chapter 20B / Section 34-20B-48
Intentional falsification or omission of material information as felony
Status: in_force

It is a Class 5 felony for any person knowingly to furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this chapter, or any record required to be kept by this chapter.

Source: SL 1970, ch 229, § 10 (e) (4); SDCL Supp, § 39-17-107; SL 1977, ch 189, § 122; SL 1977, ch 190, § 406.
S.D. Codified Laws § 34A-5-42 — SD Code / Title 34A / Chapter 5 / Section 34A-5-42
Petition for annexation or exclusion of territory--Resolution of intention--Notice of hearing
Status: in_force

On petition in writing signed by not less than twenty percent of the legal voters residing within the district, as shown by the vote for the member of the board of trustees receiving the highest vote at large at the last preceding annual election in the district or upon its own motion, the board of trustees by proper resolution may declare its intention to annex territory lying adjacent to the district or exclude territory being upon the border of the district. The resolution shall describe the property, the intended action, and the time and place the trustees will meet to consider the adoption of the resolution. The resolution shall be published once a week for two consecutive weeks before the time set for the hearing.

Source: SL 1967, ch 227, § 1; SDCL § 34-17-35; SL 2011, ch 165, § 102.
S.D. Codified Laws § 34-25-32.9 — SD Code / Title 34 / Chapter 25 / Section 34-25-32.9
Notice to parent of means for requesting a certificate of birth resulting in stillbirth
Status: in_force

Any person who is required to file a fetal death report pursuant to § 34-25-32.2 shall advise the parent or parents of a stillborn child:

(1) That a parent may, but is not required to, request a certificate of birth resulting in stillbirth by contacting the Department of Health to request the certificate and paying the required fee; and

(2) The means by which a parent may contact the Department of Health to request the certificate.

Source: SL 2007, ch 195, § 2.
S.D. Codified Laws § 34-29B-1 — SD Code / Title 34 / Chapter 29B / Section 34-29B-1
Definition of terms
Status: in_force

Terms as used in this chapter mean:

(1) "Alternative," a system, condition, arrangement, material, or equipment submitted to the fire marshal as a substitute for a code requirement;

(2) "Approval," to sanction officially by signature or certificate;

(3) "Approved," acceptable to the authority having jurisdiction;

(4) "Certificate," a written document issued by authority of the fire marshal to any person for the purpose of granting permission to that person to conduct or engage in any operation or act for which certification is required;

(5) "Department," Department of Public Safety;

(6) Deleted by SL 2004, ch 17, § 209;

(7) "Fire hazard," any situation, process, material, or condition that, on the basis of applicable data, may cause a fire or explosion or provide a ready fuel supply to augment the spread or intensity of the fire or explosion and that poses a threat to life or property;

(8) "Fire official," any authorized person serving as an employee, representative, or agent, of a certified fire department or state fire marshal;

(9) "Inspection," a close and critical examination;

(10) "Inspector," a person who examines buildings, equipment, and processes for the purpose of affecting proper conditions with reference to fire and life safety;

(11) "Investigation," the act of investigating fires to determine the cause and circumstances of the origin of the fire;

(12) "Premises," a tract of land with structures or other appurtenances thereon;

(13) "Standard," substantially uniform, well established and widely recognized as acceptable and authoritative procedure or procedure as adopted in rule by the division;

(14) "State fire marshal," the individual designated in this chapter, who is responsible for the administration and enforcement of this chapter. For the purpose of enforcement of this chapter, this term also applies to any person who is a representative of the fire marshal;

(15) "Structure," is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner;

(16) "Summarily abate," to immediately judge a condition to be a fire hazard to life or property and to order immediate correction of such condition;

(17) "Vehicle," every device in, or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks; including bicycles and ridden animals;

(18) "Vessel," every type of water craft, other than a seaplane on the water, used or capable of being used as a means of transportation on water;

(19) "Written notice," a notification in writing delivered in person to the individual or parties intended, or delivered at, or sent by first class, certified or registered mail to, the last residential or business address of legal record.

Source: SL 1991, ch 283, § 1; SL 2003, ch 272, § 23; SL 2004, ch 17, § 209.
S.D. Codified Laws § 34-35-16 — SD Code / Title 34 / Chapter 35 / Section 34-35-16
Permit required for open fire in Black Hills district--Violation as misdemeanor--Liability for civil damages
Status: in_force

The starting of an open fire within the Black Hills Forest Fire Protection District by a person or a group of persons is prohibited unless a permit to do so is first obtained from the Department of Public Safety or from the United States Forest Service. An open fire as used in this section and § 34-35-17 , is any fire to burn slash, brush, grass, stubble, debris, rubbish, or other inflammable material not enclosed in a stove, sparkproof incinerator, or an established fireplace approved or constructed by public agencies in designated recreation areas. A violation of this section is a Class 2 misdemeanor. Any person who violates this section is liable for civil damages for all injuries caused by the fire.

Source: SDC Supp 1960, §§ 25.1305, 25.1306 as enacted by SL 1966, ch 73, § 2; SL 1986, ch 289; SL 2002, ch 252 (Ex. Ord. 02-1), § 14; SL 2010, ch 178, § 1; SL 2015, ch 203, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), §§ 14, 68, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-20E-13 — SD Code / Title 34 / Chapter 20E / Section 34-20E-13
Correction of erroneous information
Status: in_force

Any patient, dispenser, or prescriber may request that erroneous information contained in the central repository be corrected or deleted. The board shall review the request to determine if the information is erroneous with respect to the patient, prescriber, or dispenser. The board shall correct any erroneous information the board discovers due to the request for review by a patient, prescriber, or dispenser.

Source: SL 2010, ch 175, § 13.
S.D. Codified Laws § 34-11A-25 — SD Code / Title 34 / Chapter 11A / Section 34-11A-25
Deposit of funds--Warrant 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 a state or national bank to the credit of the district fund and shall be drawn out only by warrant.

Source: SL 1982, ch 259, § 27.
S.D. Codified Laws § 34A-2-69 — SD Code / Title 34A / Chapter 2 / Section 34A-2-69
Notice of emergency order
Status: in_force

Notice of an order pursuant to § 34A-2-68 shall conform to the requirements of §§ 34A-2-53 to 34A-2-60 , inclusive, so far as practicable; the notice shall indicate that the order is an emergency order.

Source: SL 1973, ch 280, § 15; SDCL Supp, § 46-25-85.
S.D. Codified Laws § 34-27-22 — SD Code / Title 34 / Chapter 27 / Section 34-27-22
Buying, selling, or bartering human skeletal remains or funerary objects as felony
Status: in_force

No person may knowingly buy, sell, or barter for profit human skeletal remains or associated funerary objects, previously buried within this state. A violation of this section is a Class 6 felony.

Source: SL 1990, ch 6, § 2.
S.D. Codified Laws § 34-46-15 — SD Code / Title 34 / Chapter 46 / Section 34-46-15
Person controlling public place or place of employment to inform violators--Petty offense
Status: in_force

Any person that owns, manages, operates, or otherwise controls a public place or place of employment shall inform persons violating § 34-46-14 of the provisions thereof. A violation of this section is a petty offense.

Source: SL 2009, ch 171, § 2, approved eff. Nov. 10, 2010.
S.D. Codified Laws § 34-20A-50 — SD Code / Title 34 / Chapter 20A / Section 34-20A-50
Application for voluntary treatment by minor or incompetent
Status: in_force

If a person suffering from alcohol or drug abuse is a minor or an incompetent person, he, a parent, a guardian, or other legal representative may make application to an accredited facility for voluntary treatment.

Source: SL 1974, ch 240, § 9 (a); SL 1985, ch 278, § 46; SL 1993, ch 213, § 224.
S.D. Codified Laws § 34A-11-25 — SD Code / Title 34A / Chapter 11 / Section 34A-11-25
Disposal fee levied by state--Records
Status: in_force

Because of the additional environmental risks attending hazardous waste disposal facilities, a hazardous waste disposal fee of fifty dollars per ton or part thereof of any hazardous waste is hereby levied and imposed upon the disposal of hazardous waste at any hazardous waste disposal facility permitted under this chapter, excluding the disposal of hazardous waste disposed of in a process of energy recovery. The fee imposed by this section shall be in addition to all other fees and taxes levied by law and shall be added to and constitute part of any other fee charged by the operator or owner of a hazardous waste disposal facility. The incineration or thermal destruction of hazardous waste shall be considered disposal for the purpose of this fee.

The hazardous waste disposal fee imposed by this section shall be paid by the owner of the hazardous waste disposal facility and remitted to the state treasury. 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 fee imposed by this section shall be payable on or before the fifteenth day of the month next succeeding the month in which the fee accrued together with a return on such form or forms as may be prescribed by the secretary of revenue. Each owner of a facility who is required to pay the fee imposed by this section shall keep complete and accurate records in such form as the board or the secretary of revenue, by rules promulgated pursuant to chapter 1-26 , may require.

Fees collected under this section shall be deposited in the South Dakota environment and water resources trust fund established pursuant to § 46A-1-82 .

Source: SL 1990, ch 289, § 5.
S.D. Codified Laws § 34-10-32 — SD Code / Title 34 / Chapter 10 / Section 34-10-32
Sale of property on dissolution--Funds transferred to counties
Status: in_force

Upon any such dissolution the trustees may make a sale of all of the property of the district, following the procedures, so far as applicable, provided for the sale by counties of surplus property and if there shall be any surplus funds the same shall be placed in the general fund of the county, or if said district was located in more than one county, in the general funds of the respective counties in proportion to the taxable valuation of the property within said hospital district located in each of the counties involved for the preceding year.

Source: SL 1959, ch 135, § 19; SDC Supp 1960, § 27.19B19.
S.D. Codified Laws § 34A-2-115 — SD Code / Title 34A / Chapter 2 / Section 34A-2-115
Sewage sludge, toxic pollutants, and significant industrial user defined
Status: in_force

For purposes of administering the provisions of this chapter, the term, sewage sludge, means any solid, semisolid, or liquid residue removed during the treatment of municipal waste water or domestic sewage. Sewage sludge includes solids removed during primary, secondary, or advanced waste water treatment, scum, septage, portable toilet pumpings, and sewage sludge products. Sewage sludge does not include grit, screenings, or ash generated during the incineration of sewage sludge.

For purposes of administering the provisions of this chapter, the term, toxic pollutants, means any pollutant listed as toxic under section 307(a) of the Federal Water Pollution Control Act as amended to January 1, 2011, or, in the case of "sludge use or disposal practices," any pollutant identified in regulations implementing section 405(d) of the Federal Water Pollution Control Act as amended to January 1, 2011.

For purposes of administering the provisions of this chapter, the term, significant industrial user, means any discharger subject to categorical pretreatment standards and any other industrial user that discharges an average of twenty-five thousand gallons per day or more of process wastewater, excluding sanitary, noncontact cooling and boiler blowdown wastewaters, to the publicly owned treatment works or that contributes a process wastestream which makes up more than five percent of the average dry weather hydraulic or organic capacity of the publicly owned treatment works treatment plant; or one that is designated as such by the secretary on the basis that the industrial user has a reasonable chance of adversely affecting the publicly owned treatment works operation or violating a pretreatment standard or requirement.

Source: SL 1992, ch 254, § 52; SL 2011, ch 165, § 65.
S.D. Codified Laws § 34-46-19 — SD Code / Title 34 / Chapter 46 / Section 34-46-19
Smoking permitted in certain retail tobacco stores
Status: in_force

The provisions of §§ 34-46-13 to 34-46-15 , inclusive, do not apply to any retail tobacco store that meets the following requirements:

(1) Generates sixty-five percent of its annual gross income from the sale of tobacco, tobacco products, and accessories for such products;

(2) Is enclosed by solid walls or windows, a ceiling, and a solid door that provides egress to the outdoors; and

(3) Does not allow the consumption of alcoholic beverages on the premises.

Any retail tobacco store meeting the requirements of this section shall annually report to the Department of Revenue, on a form prescribed by the department, the revenue generated from the sale of tobacco, tobacco products, and accessories for such products as a percentage of annual gross income.

Source: SL 2009, ch 171, § 7, approved eff. Nov. 10, 2010; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 34-26-69 — SD Code / Title 34 / Chapter 26 / Section 34-26-69
Cooperation between coroner and procurement organization
Status: in_force

(a) A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.

(b) If a coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the coroner and a post-mortem examination is going to be performed, unless the coroner denies recovery in accordance with § 34-26-70 , the coroner or designee shall conduct a post-mortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift.

(c) A part may not be removed from the body of a decedent under the jurisdiction of a coroner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the coroner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection does not preclude a coroner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner.

Source: SL 2007, ch 197, § 22.
S.D. Codified Laws § 34-18-22 — SD Code / Title 34 / Chapter 18 / Section 34-18-22
Health and safety requirements--Procedure for rules and regulations
Status: in_force

The department shall adopt rules and regulations setting forth the minimum public health and safety requirements for lodging establishments, campgrounds, food service establishments, temporary food service establishments, or mobile food service establishments. The procedure for adopting such rules and regulations shall be in accordance with chapter 1-26 .

Source: SDC 1939, § 27.1728 as enacted by SL 1955, ch 94, § 5; SL 1963, ch 158, § 17; SL 1970, ch 199, § 11; SL 1972, ch 15, § 4.
S.D. Codified Laws § 34A-6-93 — SD Code / Title 34A / Chapter 6 / Section 34A-6-93
Infectious waste defined
Status: in_force

For purposes of this chapter, the term, infectious waste, means medical waste that contains any disposable equipment, instruments, utensils, human tissue, laboratory waste, blood specimens, or substances that carry pathogenic organisms from rooms of patients who have been diagnosed or are suspected of having a communicable disease; disposable substances that carry pathogenic organisms; and surgical operating room pathogenic specimens or substances that carry pathogenic organisms.

The following do not constitute infectious waste:

(1) Hazardous waste;

(2) Household waste or household - type waste generated in a facility;

(3) Ash from incineration of regulated medical waste;

(4) Residues from treatment and destruction processes once the waste has been both treated and stored;

(5) Human corpses, remains, and anatomical parts that are intended for interment or cremation;

(6) Etiologic agents being transported interstate pursuant to applicable shipping requirements;

(7) Samples of regulated medical waste transported off - site for enforcement purposes by the United States Environmental Protection Agency or the state; and

(8) Animal carcasses or body parts that result from the diagnosis and treatment of animal diseases.

Source: SL 1992, ch 259, § 1.
S.D. Codified Laws § 34-48A-34 — SD Code / Title 34 / Chapter 48A / Section 34-48A-34
Estimates of costs and certification of county needs--Excess assistance payments revert to fund
Status: in_force

The county commissioners of such counties shall prepare detailed estimates of the additional operational costs which they anticipate will be needed to meet the costs of the emergency or disaster within the limitations of §§ 34-48A-30 to 34-48A-35 , inclusive, and shall from time to time certify the needs of the county to the county treasurer who shall submit the necessary vouchers for the advances and payment provided by § 34-48A-33 . Any advance which is in excess of the actual needs of the county and actual expenditures thereby for allowable costs shall be returned to the state and reverted to the emergency and disaster special revenue fund.

Source: SL 1969, ch 247, § 4; SL 1977, ch 271, § 30; SL 1980, ch 26, § 25; SL 1992, ch 236, § 10; SDCL § 33-15-24.6 .
S.D. Codified Laws § 34-44-19 — SD Code / Title 34 / Chapter 44 / Section 34-44-19
Rules for approval of training courses--Approval required to offer training
Status: in_force

The board shall promulgate rules pursuant to chapter 1-26 to provide for approval of courses that satisfy training requirements for asbestos contractors to meet in order to qualify for certification under this chapter. The board shall also by rule provide for mandatory courses that workers shall successfully complete to become certified under this chapter. No person may offer asbestos training without approval.

Source: SL 1988, ch 284, § 17.
S.D. Codified Laws § 34-12D-2 — SD Code / Title 34 / Chapter 12D / Section 34-12D-2
Declaration--Requirements to execute--Artificial nutrition and hydration
Status: in_force

A competent adult may at any time execute a declaration governing the withholding or withdrawal of life - sustaining treatment. The declaration must be signed by the declarant, or by another at the declarant's direction, and witnessed by two adults, or by a notary public who shall thereafter notarize the declaration.

A declaration must state the declarant's preferences regarding the provision, withholding, or withdrawal of artificial nutrition and hydration.

If the declaration does not state the declarant's preferences regarding the provision, withholding, or withdrawal of artificial nutrition and hydration, any determination regarding the provision, withholding, or withdrawal of artificial nutrition and hydration is governed by the laws of this state that apply in the absence of a declaration.

Source: SL 1991, ch 273, § 2; SL 2023, ch 115, § 1.
S.D. Codified Laws § 34-48A-2 — SD Code / Title 34 / Chapter 48A / Section 34-48A-2
Policy and purpose
Status: in_force

In order to ensure that preparation of this state will be adequate to deal with an emergency or disaster, and to provide for the common defense and to protect the public peace, health, and safety and to preserve the lives and property of the people of the state, it is hereby found and declared to be necessary:

(1) To create a Division of Emergency Management, and to authorize the creation of local organizations for emergency management in the political subdivisions of the state;

(2) To confer upon the Governor, the secretary and upon the executive heads or governing bodies of the political subdivision of the state the emergency powers provided by this chapter;

(3) To provide for the rendering of mutual aid among the political subdivisions of the state and with other states and to cooperate with the federal government for the carrying out of emergency management functions; and

(4) To cooperate with 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. This subdivision does not include the legislative or judicial branch of the state, of its units of local government, or of Indian tribes.

Source: SL 1949, ch 236, § 2; SL 1951, ch 285, § 2; SL 1953, ch 288, § 2; SL 1955, ch 236, § 1; SDC Supp 1960, § 41.01C02 (1); SL 1977, ch 271, § 2; SL 1992, ch 236, § 2; SL 2004, ch 17, § 186; SDCL § 33-15-2 .
S.D. Codified Laws § 34-20E-14 — SD Code / Title 34 / Chapter 20E / Section 34-20E-14
Cooperation with other states
Status: in_force

The board shall adopt a procedure to allow information contained in the central repository to be shared with officials in other states acting for the purpose of controlled substance monitoring and for requesting and receiving similar controlled substance monitoring information from other states.

Source: SL 2010, ch 175, § 14.
S.D. Codified Laws § 34-12C-7 — SD Code / Title 34 / Chapter 12C / Section 34-12C-7
Liability of health care provider--Liability of authorized decision maker
Status: in_force

A health care provider acting or declining to act in reliance on a health care decision by a person whom the health care provider believes in good faith is authorized by this chapter to make a health care decision for another is not subject to criminal prosecution, civil liability, or professional disciplinary action on the ground that the person either had or did not have authority, capacity, or sufficient interest to make an informed health care decision or for disclosing to the person medical records or other information.

A health care provider who believes in good faith that a person is incapable of giving informed consent for himself or lacks authority, capacity, or sufficient interest to make an informed health care decision for another is not subject to criminal prosecution, civil liability, or professional disciplinary action for failing to follow that person's direction or for making such determination.

A health care provider who in good faith believes that a person is capable of giving informed consent for his own health care is not subject to criminal prosecution, civil liability, or professional disciplinary action for following that person's direction or for making such determination.

A person who in good faith believes that he is authorized under this chapter to make an informed health care decision for another is not subject to criminal prosecution or civil liability on the ground that he lacked authority or capacity.

Source: SL 1990, ch 222, § 7.
S.D. Codified Laws § 34-51-8 — SD Code / Title 34 / Chapter 51 / Section 34-51-8
Treating physician immune
Status: in_force

A treating physician who is in compliance with the requirements of this chapter may not be subject to arrest or prosecution, penalty, or denial of any right or privilege granted otherwise.

Source: SL 2015, ch 188, § 8.
S.D. Codified Laws § 34-48A-42 — SD Code / Title 34 / Chapter 48A / Section 34-48A-42
County emergency management revenue fund
Status: in_force

Each county shall establish an emergency management fund in the office of the county treasurer, which shall be a special revenue fund. Any reimbursement or matching funds for emergency management purposes from any source whatever, shall be deposited in the special emergency and disaster fund and used for emergency management purposes. Withdrawals from this fund shall be made on warrants drawn by the county auditor in the manner provided by law for the ordinary expenditures of such political subdivision.

Source: SDC Supp 1960, § 41.01C10 (3) as added by SL 1964, ch 117; SL 1977, ch 271, § 31; SL 1992, ch 236, § 17; SDCL § 33-15-31 .
S.D. Codified Laws § 34A-11-8 — SD Code / Title 34A / Chapter 11 / Section 34A-11-8
Rules identifying characteristics and listing hazardous wastes
Status: in_force

The Board of Minerals and Environment may promulgate rules, pursuant to chapter 1-26 , which identify the characteristics of hazardous wastes considering the toxicity, persistence, degradability in nature, potential for accumulation in tissue, flammability, corrosiveness, reactivity, and related factors. The board shall compile a list of wastes it considers hazardous and may revise that list from time to time.

Source: SL 1983, ch 262, § 8; SL 1984, ch 243, § 10.
S.D. Codified Laws § 34A-16-15 — SD Code / Title 34A / Chapter 16 / Section 34A-16-15
District's capacity to sue or be sued
Status: in_force

A district may sue and be sued, and is a public corporation and political subdivision of the State of South Dakota.

Source: SL 1993, ch 259, § 15.
S.D. Codified Laws § 34-26-58 — SD Code / Title 34 / Chapter 26 / Section 34-26-58
Persons who may receive anatomical gift--Purpose of anatomical gift
Status: in_force

(a) An anatomical gift may be made to the following persons named in the document of gift:

(1) A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education;

(2) Subject to subsection (b), an individual designated by the person making the anatomical gift if the individual is the recipient of the part;

(3) An eye bank or tissue bank.

(b) If an anatomical gift to an individual under subsection (a)(2) cannot be transplanted into the individual, the part passes in accordance with subsection (g) in the absence of an express, contrary indication by the person making the anatomical gift.

(c) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) but identifies the purpose for which an anatomical gift may be used, the following rules apply:

(1) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.

(2) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.

(3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.

(4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.

(d) For the purpose of subsection (c), if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.

(e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (a) and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g).

(f) If a document of gift specifies only a general intent to make an anatomical gift by words such as donor, organ donor, or body donor, or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g).

(g) For purposes of subsections (b), (e), and (f) the following rules apply:

(1) If the part is an eye, the gift passes to the appropriate eye bank.

(2) If the part is tissue, the gift passes to the appropriate tissue bank.

(3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.

(h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (a)(2), passes to the organ procurement organization as custodian of the organ.

(i) If an anatomical gift does not pass pursuant to subsections (a) through (h) or the decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.

(j) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under § 34-26-52 or 34-26-57 or if the person knows that the decedent made a refusal under § 34-26-54 that was not revoked. For purposes of the subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.

(k) Except as otherwise provided in subsection (a)(2), nothing in §§ 34-26-48 to 34-26-72 , inclusive, affects the allocation of organs for transplantation or therapy.

Source: SL 2007, ch 197, § 11.
S.D. Codified Laws § 34-26-75 — SD Code / Title 34 / Chapter 26 / Section 34-26-75
Disposition of remains--Control--Right and duty
Status: in_force

Except as provided in §§ 34-26-74 and 34-26-76 , the right and the duty to control the disposition of a decedent's remains, including the location, manner, and conditions of disposition, and arrangements for the provision of funeral goods and services, vests in the following, in the order named, provided the person is eighteen years or older and is of sound mind:

(1) A person designated by the decedent, in accordance with § 34-26-77 ;

(2) A person designated in the federal Record of Emergency Date Form DD 93 or its successor form, by a member of the military who dies while under active-duty orders, as described in 10 U.S.C. § 1481, in effect on January 1, 2022;

(3) The decedent's spouse;

(4) The child of the decedent or the majority of the decedent's children, provided that a lesser number must suffice if they have made reasonable efforts to notify the other children of their instructions and are not aware of any opposition on the part of the majority;

(5) The parents of the decedent or one parent of the decedent, if reasonable efforts to locate the other parent have been unsuccessful;

(6) The sibling of the decedent or the majority of the decedent's siblings, provided that a lesser number must suffice if they have made reasonable efforts to notify the other siblings of their instructions and are not aware of any opposition on the part of the majority;

(7) The grandparent of the decedent or the majority of the decedent's grandparents, provided that a lesser number must suffice if they have made reasonable efforts to notify the other grandparents of their instructions and are not aware of any opposition on the part of the majority;

(8) The person named as personal representative in the decedent's last will and testament;

(9) The decedent's guardian at the time of the decedent's death, if one had been appointed;

(10) The person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution, provided if there is more than one person of the same degree, any person of that degree may control the disposition;

(11) The public officer, administrator, or employee responsible for final dispositions, if the decedent was the responsibility of the state or a political subdivision of this state; or

(12) Any other willing person, including the funeral director with custody of the body, provided the person attests that reasonable efforts have been made to contact other persons listed in this section.

For the purposes of this section, the right and the duty to control disposition includes providing authorization for a cremation.

Source: SL 2022, ch 113, § 2; SL 2023, ch 128, § 1; SL 2023, ch 129, § 1.
S.D. Codified Laws § 34-20A-67 — SD Code / Title 34 / Chapter 20A / Section 34-20A-67
Person to receive copy of application--Right to counsel
Status: in_force

A copy of the written application for detainment and a written explanation of the person's right to counsel must be given to the person within twenty - four hours after detainment by the administrator, who shall provide a reasonable opportunity for the person to consult counsel.

Source: SL 1974, ch 240, § 11 (f); SL 1985, ch 277, § 18; SL 2022, ch 108, § 11.
S.D. Codified Laws § 34A-2-103 — SD Code / Title 34A / Chapter 2 / Section 34A-2-103
Statement of groundwater protection strategy--Coordination of activities
Status: in_force

The state, under various statutes, has the established authority to provide for groundwater protection and pollution control. Under this chapter, the state has initiated a groundwater protection strategy that encompasses all waters below the surface of the land in a zone of saturation. This strategy consists of a variety of programs, activities and funds established by this chapter and other related chapters. These functions include chapters 46A-1 , 46A-2 , and 46A-3A to 46A-3E , inclusive, which provide for the state water plan, the state conservancy district and the establishment of water development districts; chapter 45-2 , which provides for geologic surveys; chapters 46-2 , 46-2A , 46-5 , and 46-6 , which provide for the regulation of water rights, including appropriation of water, collection, preservation, and publication of data on groundwater, liability for damages to domestic and municipal wells, and regulation of drilling and construction of drinking water wells; chapter 34A-3A , which provides for the regulation of public drinking water systems; chapter 34A-2 , which provides for the protection and control of pollution to the groundwater, and includes groundwater discharge permits, a groundwater quality classification system, groundwater quality standards, underground storage tank and aboveground storage tank regulations, the regulation of wastewater treatment facilities, and the regulation of on - site disposal of wastewater; chapter 1-49 , which provides for laboratory services related to environmental control; chapter 34A-13 , which provides for a petroleum release compensation fund; chapter 34A-12 , which provides for a regulated substance response fund; chapter 34A-6 , which provides for the regulation of solid waste; chapter 38-19 , which provides for the regulation of the use, storage and handling of fertilizers; chapter 38-21 , which provides for the regulation of the use, storage and handling of pesticides; chapter 34A-2A , which provides for the regulation of chemigation; chapter 34A-11 , which provides for the regulation of hazardous wastes including special provisions for the regulation of polychlorinated biphenyls; chapter 45-9 , which provides for the regulation of oil and gas development, including underground injection control permits; chapters 45-6B and 45-6C , which provide for the regulation of mineral exploration, development, and mine reclamation; chapter 45-6 , which provides for the regulation of sand and gravel operations; and chapter 45-6D , which provides for the regulation of uranium exploration. These programs, activities, and funds are all components of the state groundwater protection strategy and are used to maintain and improve the quality of the state's groundwaters. The agencies, departments, and programs responsible for administering these and other groundwater related functions shall coordinate their activities to ensure that comprehensive groundwater protection and management is being efficiently performed. The secretary, under the supervision of the Governor, shall oversee this coordination effort.

Source: SL 1989, ch 306, § 39; SL 2024, ch 145, § 6.
S.D. Codified Laws § 34A-6-87 — SD Code / Title 34A / Chapter 6 / Section 34A-6-87
Illegal dumping penalties
Status: in_force

It is unlawful to willfully dispose of solid waste in a manner inconsistent with the provisions of this chapter. Illegal disposal of solid waste in a quantity less than ten pounds shall constitute littering as provided in chapter 34A-7 . Any person illegally disposing of solid waste in a quantity of ten pounds or more, but less than two thousand pounds or who unintentionally disposes of solid waste in excess of two thousand pounds in a manner inconsistent with this chapter is guilty of illegal dumping in the second degree. Any person who knowingly and intentionally disposes of solid waste in a manner inconsistent with the provisions of this chapter in a quantity in excess of two thousand pounds is guilty of illegal dumping in the first degree. Illegal dumping in the first degree is a Class 6 felony. Illegal dumping in the second degree is a Class 1 misdemeanor.

Source: SL 1992, ch 254, § 50N; SL 1993, ch 172, § 2; SL 1993, ch 262.
S.D. Codified Laws § 34-12-58 — SD Code / Title 34 / Chapter 12 / Section 34-12-58
Location of birth center
Status: in_force

Any birth center shall be located within thirty minutes normal driving time of a hospital licensed pursuant to this chapter that provides routine birth services.

Source: SL 2011, ch 155, § 3.
S.D. Codified Laws § 34-20B-4 — SD Code / Title 34 / Chapter 20B / Section 34-20B-4
Precursor defined
Status: in_force

For the purposes of this chapter, unless the context otherwise requires, "precursor" or "immediate precursor" means a substance which the department has found to be and by regulation designates as being a principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used, in the manufacture of a controlled drug or substance, the control of which is necessary to prevent, curtail, or limit such manufacture.

Source: SL 1970, ch 229, § 6 (u); SDCL Supp, § 39-17-47.
S.D. Codified Laws § 34-3-9 — SD Code / Title 34 / Chapter 3 / Section 34-3-9
District health department established by counties and first and second class municipalities--City contributions
Status: in_force

Two or more adjacent counties and municipalities of the first class located therein may, by mutual agreement of their governing boards, establish and maintain a full - time district health department. When municipalities of the first class desire to cooperate in the maintenance of a full - time district health department, they shall contribute financially in such amount as may be agreed upon by the governing board of the municipality concerned and the county commissioners for the county in which such municipality is located. Such municipality funds shall be considered as contributing to the county's proportionate share of the total district health department budget.

Source: SL 1953, ch 129, § 5; SDC Supp 1960, § 27.18A05; SL 1992, ch 60, § 2.
S.D. Codified Laws § 34-38-38 — SD Code / Title 34 / Chapter 38 / Section 34-38-38
Application to facilities constructed after July 1, 2016
Status: in_force

The provisions of this chapter apply to facilities constructed after July 1, 2016. Existing installations shall be permitted only if, in the opinion of local and state authorities, the existing installation does not constitute a distinct hazard to life or property.

Source: SL 1991, ch 269, § 16; SL 2006, ch 185, § 10; SL 2010, ch 177, § 8; SL 2016, ch 181, § 8.
S.D. Codified Laws § 34-20B-41 — SD Code / Title 34 / Chapter 20B / Section 34-20B-41
Promulgation of rules by department--Fees
Status: in_force

The department may promulgate rules pursuant to chapter 1-26 relating to exclusions from uniform drug articles pursuant to subdivision 34-20B-2(1); the definition of precursors; exceptions from Schedule III of stimulants, depressants, and anabolic steroid-estrogen combinations in medicinal preparations; the registration of manufacturers, distributors, and dispensers; waivers of registration; the suspending, revoking, surrendering, transferring, and reinstating of registration; inventories and records of controlled substances establishing minimum standards for prescribing and dispensing practices, labeling and security requirements and the issuance of prescriptions as provided by this chapter and chapter 22-42 ; and the inspection of registered premises. The department may charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled drugs and substances within this state. No fee may exceed one hundred fifty dollars.

Source: SL 1970, ch 229, §§ 9, 14; SDCL Supp, § 39-17-87; SL 1980, ch 238, § 2; SL 1993, ch 247, § 8; SL 2004, ch 232, § 1; SL 2009, ch 164, § 4.
S.D. Codified Laws § 34A-6-29 — SD Code / Title 34A / Chapter 6 / Section 34A-6-29
Subdivision fees, charges, and license requirements--Collection of delinquent charges
Status: in_force

The governing body of a municipality, county, or subdivision may levy and collect fees and charges and require licenses as are necessary to discharge their responsibility. The fees, charges, and licenses shall be based on a fee schedule set forth in an ordinance or resolution. If any fee, charge, or license so levied, other than a municipal garbage collection fee, becomes delinquent, the delinquency may be certified to the county treasurer and shall be collected by the county treasurer in the following year as a condition precedent to payment of the real property tax on the lot or parcel of land with respect to which the fee, charge, or license was levied. The chief fiscal officer of a municipality shall collect a delinquent municipal garbage collection fee as a condition precedent to the payment of any water, sewer, utility, or other charge collected by the municipality.

Source: SL 1972, ch 198, § 8; SDCL § 34-16B-23; SL 1975, ch 218, § 1; SL 1977, ch 282; SL 2011, ch 165, § 120.
S.D. Codified Laws § 34-20B-21 — SD Code / Title 34 / Chapter 20B / Section 34-20B-21
Exception from Schedule III of stimulants and depressants used in medicinal preparations
Status: in_force

The department may by rules promulgated pursuant to chapter 1-26 except any compound, mixture, or preparation containing any stimulant, depressant substance, or anabolic steroid listed in §§ 34-20B-19 , 34-20B-20 , and 34-20B-22 if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant, depressant, or anabolic steroid effect. Such admixtures shall be included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the substances which do have a stimulant, depressant, or anabolic steroid effect.

Source: SL 1970, ch 229, § 8 (c); SDCL Supp, § 39-17-64; SL 1993, ch 247, § 5; SL 1997, ch 202, § 2.
S.D. Codified Laws § 34-45-18.6 — SD Code / Title 34 / Chapter 45 / Section 34-45-18.6
Record keeping by service providers and prepaid wireless service sellers
Status: in_force

Any service provider collecting and remitting the surcharge imposed by § 34-45-4 or prepaid wireless service seller collecting and remitting the surcharge imposed by § 34-45-4.2 shall keep records of all receipts and telecommunications service sales. The records are, at all times during business hours of the day, subject to inspection by the Department of Revenue to determine the amount of surcharge due. The records shall be preserved for a period of three years unless the secretary of the Department of Revenue, in writing, authorized their destruction or disposal at an earlier date.

Source: SL 2012, ch 188, § 19.
S.D. Codified Laws § 34-23B-2 — SD Code / Title 34 / Chapter 23B / Section 34-23B-2
Creation and administration of prenatal educational program
Status: in_force

The Department of Health and the Department of Social Services shall create and administer an educational program that offers education to all primary providers of obstetrical care and chemical dependency counselors providing services to pregnant women:

(1) In taking accurate and complete drug and alcohol histories for their pregnant patients;

(2) Concerning the effects of drugs and alcohol on pregnancy and fetal outcome, including the process of referral of children for evaluation;

(3) Concerning counseling techniques for women who abuse drugs or alcohol so as to improve referral to and compliance with drug and alcohol programs;

(4) In making appropriate referrals of children suspected of prenatal exposure to drugs or alcohol for evaluation purposes.

Source: SL 1993, ch 252, § 2; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 34-25-16.1 — SD Code / Title 34 / Chapter 25 / Section 34-25-16.1
New birth certificate upon adoption of child born in state or foreign nation--Exception
Status: in_force

If the birth occurred in South Dakota, the Department of Health shall issue a new certificate of birth in the new name of the child and with the name of the adopting person. However, a new certificate of birth may not be prepared if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person.

If the birth occurred in a foreign nation and the adoption decree is entered in a court of this state, the Department of Health shall issue a new certificate of birth in the new name of the child and with the name of the adopting person. The birth certificate shall be prepared in accord with the facts as found and entered by the court. If the birth occurred in a foreign nation and the adoption was finalized in a foreign nation, any circuit court of this state may issue an order, ex parte and without hearing, directing that a new certificate of birth be issued upon filing the following documentation:

(1) A certified copy of the adoption order from the foreign nation;

(2) A certified translation of the adoption order if necessary;

(3) Proof of the date and place of the child's birth;

(4) Proof of IR-3 immigration status; and

(5) Proof that each adopting person is a resident of this state.

The issuance of certificates pursuant to this section is conditioned upon the receipt of a fee based upon administrative cost as established by the department pursuant to chapter 1-26 .

Source: SL 1939, ch 168, § 12; SL 1947, ch 121, § 3; SDC Supp 1960, § 55.3717; SDCL § 34-25-16 ; SL 1972, ch 194, § 18; SL 1976, ch 221; SL 1978, ch 255, § 2; SL 1980, ch 238, § 25; SL 2007, ch 157, § 2; SL 2010, ch 176, § 1.
S.D. Codified Laws § 34A-13-47 — SD Code / Title 34A / Chapter 13 / Section 34A-13-47
Time limit for third-party claim
Status: in_force

No action for recovery from the fund for any third - party claim may be maintained unless it is commenced within the time permitted by chapter 15-2 for the commencement of an action against the covered party.

Source: SL 1990, ch 292, § 18; SL 1992, ch 260, § 34.
S.D. Codified Laws § 34-1-25 — SD Code / Title 34 / Chapter 1 / Section 34-1-25
Rules and regulations of Department of Health
Status: in_force

The Department of Health is authorized and empowered, subject to chapter 1-26 , to adopt such rules and regulations not inconsistent herewith as may be necessary for the proper administration of this chapter.

Source: SL 1949, ch 105, § 8; SDC Supp 1960, § 27.0104-1; SL 1972, ch 15, § 4.
S.D. Codified Laws § 34-20A-110 — SD Code / Title 34 / Chapter 20A / Section 34-20A-110
Immunity from arrest or prosecution for reporting person in need of emergency medical assistance for drug-related overdose
Status: in_force

No person may be arrested or prosecuted for any misdemeanor or felony offense of possession, inhalation, ingestion, or otherwise taking into the body any controlled drug or substance if that person contacts any law enforcement or emergency medical services and reports that a person is in need of emergency medical assistance as the result of a drug-related overdose. A person qualifies for the immunities provided in §§ 34-20A-109 to 34-20A-113 , inclusive, only if:

(1) The evidence for the charge or prosecution was obtained as a result of the person seeking medical assistance for another person;

(2) The person seeks medical assistance for another person who is in need of medical assistance for an immediate health or safety concern; and

(3) The person seeking medical assistance for another person remains on the scene and cooperates with medical assistance and law enforcement personnel.

Source: SL 2017, ch 154, § 2.
S.D. Codified Laws § 34-23B-8 — SD Code / Title 34 / Chapter 23B / Section 34-23B-8
Perinatal hospice providers and programs
Status: in_force

The Department of Health shall develop and post on the department's website:

(1) A brochure that:

(a) Describes the services available from a perinatal hospice program;

(b) Includes a statement that medical assistance benefits may be available for prenatal care, childbirth, and perinatal hospice;

(c) Includes information regarding access to grief counseling and other support programs; and

(d) Includes a link to the departmental website at which additional information may be accessed;

(2) A list of all perinatal hospice providers and programs located in this state;

(3) A list of perinatal hospice providers and programs that:

(a) Are located in surrounding states; and

(b) Provide care to residents of this state; and

(4) A list of other perinatal hospice resources.

Source: SL 2021, ch 152, § 2.
S.D. Codified Laws § 34-29B-5 — SD Code / Title 34 / Chapter 29B / Section 34-29B-5
Powers of fire official at the scene of a fire
Status: in_force

Any fire official in charge at the immediate scene of a fire involving the protection of life or property or both, may direct the operation to extinguish or control any fire and investigate the existence of suspected or reported fires. In the exercise of such power, such fire official may prohibit any person, vehicle, or vessel from approaching the fire scene and may remove or cause to be removed or kept away from the scene any person, vehicle or vessel which may impede or interfere with the operations of the fire official.

Source: SL 1991, ch 283, § 5.
S.D. Codified Laws § 34-48A-13 — SD Code / Title 34 / Chapter 48A / Section 34-48A-13
Municipalities to provide contact list of public officials to Division of Emergency Management--Contents
Status: in_force

No later than July first of each year, each municipal governing body as defined by subdivision 9-1-1(4), shall provide to the Department of Public Safety, Division of Emergency Management, information that will enable emergency agencies to reach the members of the municipal governing board and the mayor at any time, day or night. The information necessary shall include home, business, and other personal telephone numbers including any facsimile transmission machines and cellular or mobile telephone numbers; home, business, and other personal addresses; employer's name and telephone number; and home, business, and other personal email or internet addresses.

Source: SL 2002, ch 163, § 1; SL 2004, ch 17, § 189; SDCL § 33-15-11.1 .
S.D. Codified Laws § 34-14-27 — SD Code / Title 34 / Chapter 14 / Section 34-14-27
Human cloning as felony--Civil penalty
Status: in_force

No person or entity, public or private, may:

(1) Perform or attempt to perform human cloning;

(2) Participate in an attempt to perform human cloning;

(3) Transfer or receive the product of human cloning; or

(4) Transfer or receive, in whole or in part, any oocyte, embryo, fetus, or human somatic cell, for the purpose of human cloning.

Any person that knowingly or recklessly violates this section is guilty of a Class 6 felony. Any person or entity that violates this section and derives a pecuniary gain from such violation is subject to a civil penalty of two thousand dollars or twice the amount of gross gain, or any intermediate amount at the discretion of the court.

Source: SL 2004, ch 227, § 2.
S.D. Codified Laws § 34-18-36 — SD Code / Title 34 / Chapter 18 / Section 34-18-36
Canned goods––Requirements
Status: in_force

No canned good may be sold unless the pH level is 4.6 or less or the water activity level is .85 or less.

Except as otherwise provided in this section, a producer selling canned goods under this section shall, every five years, complete food safety training approved by the department. The training must be available online. The producer shall retain records verifying the timely completion of such training.

A producer selling home-processed goods under this section may, in lieu of the requirement for food safety training, maintain verification of each recipe from a third-party processing authority. The third-party processing authority must have knowledge of the thermal processing required of food in hermetically-sealed containers and shall verify the method of processing and that the pH or water activity threshold levels are met. The processing authority shall provide verification in writing to the producer.

Source: SL 2010, ch 172, § 3; SL 2022, ch 106, § 2.
S.D. Codified Laws § 34A-11-9 — SD Code / Title 34A / Chapter 11 / Section 34A-11-9
Promulgation of rules governing hazardous wastes--Civil penalty for violation
Status: in_force

The Board of Minerals and Environment may promulgate rules, pursuant to chapter 1-26 , governing the generation, transportation, treatment, storage, and disposal of hazardous wastes necessary to execute the provisions of this chapter. The rules may include ownership, location, design, construction, operation, and maintenance of hazardous waste management facilities, financial responsibility, personnel training, record keeping, reporting, labeling, monitoring, container use, inspections, closure, post-closure procedures and requirements, contingency planning, enforcement, and use of a manifest system to assure all hazardous wastes are designated for treatment, storage, or disposal at a permitted hazardous waste management facility. The board may promulgate rules pursuant to chapter 1-26 that are consistent with the Hazardous Materials Transportation Act (88 Stat. 2156; 49 U.S.C. § 1801 et seq.), as amended to January 1, 2011, and the regulations adopted pursuant to that Act.

A violation of the rules adopted pursuant to this section is subject to a civil penalty not to exceed ten thousand dollars per day of violation, or for damages to the environment of this state, or both.

Source: SL 1983, ch 262, § 9; SL 1984, ch 243, § 11; SL 1992, ch 158, § 51; SL 2011, ch 165, § 146.
S.D. Codified Laws § 34A-11-13 — SD Code / Title 34A / Chapter 11 / Section 34A-11-13
Application for permits--Rules--Hearings
Status: in_force

The Board of Minerals and Environment may promulgate rules, pursuant to chapter 1-26 , governing the application for permits to own, construct, modify, or operate a hazardous waste treatment, storage, or disposal facility. The rules may require the submission of plans, specifications, and other information as may be necessary to execute the provisions of this chapter. The board may promulgate rules allowing the issuance or denial of a permit by the Department of Agriculture and Natural Resources following notice and opportunity for a hearing before the board on the department's proposed decision.

Source: SL 1983, ch 262, § 13; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-23A-70 — SD Code / Title 34 / Chapter 23A / Section 34-23A-70
Time when unborn child capable of feeling pain--Diagnosis of post-fertilization age of unborn child
Status: in_force

For purposes of §§ 34-23A-34 and 34-23A-67 to 34-23A-73 , inclusive, an unborn child is capable of feeling pain when the physician performing, or attempting to perform, the abortion or another physician upon whose determination that physician relies, determines that the probable post-fertilization age of the unborn child is twenty or more weeks.

In determining the post-fertilization age of the unborn child, the physician shall make inquiries of the pregnant woman and perform medical examinations and tests that a reasonably prudent physician would perform to accurately diagnose the post-fertilization age of an unborn child.

Source: SL 2016, ch 180, § 4.
S.D. Codified Laws § 34-20F-5 — SD Code / Title 34 / Chapter 20F / Section 34-20F-5
Product to be kept behind counter or in locked case--Violation as misdemeanor
Status: in_force

Any retailer who offers loose leaf incense for sale shall display and offer the product for sale behind the counter or in a locked case so that a customer wanting access to the product must ask a store employee for assistance. A violation of this section is a Class 1 misdemeanor.

Source: SL 2012, ch 185, § 4, eff. Mar. 2, 2012.
S.D. Codified Laws § 34-20D-10 — SD Code / Title 34 / Chapter 20D / Section 34-20D-10
Possession of product, mixture, or preparation containing ephedrine base, pseudoephedrine base, or phenylpropanolamine base restricted--Exception--Misdemeanor
Status: in_force

No person may possess, receive, or otherwise acquire more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in any product, mixture, or preparation within any thirty-day period. This restriction does not apply to any quantity of product, mixture, or preparation obtained pursuant to a valid prescription drug order prescribed by a practitioner as defined in § 36-11-2 with appropriate authority.

Possession of more than nine grams of a drug product containing more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base constitutes a rebuttable presumption of the intent to use the product as a precursor to methamphetamine or another controlled substance. This rebuttable presumption does not apply to:

(1) A retail distributor of drug products;

(2) A wholesale drug distributor, or its agents;

(3) A manufacturer of drug products, or its agents;

(4) A pharmacist licensed by the Board of Pharmacy; or

(5) A licensed health care professional possessing the drug products in the course of carrying out the profession.

Any violation of this section is a Class 1 misdemeanor.

Source: SL 2006, ch 181, § 8.
S.D. Codified Laws § 34A-2-122 — SD Code / Title 34A / Chapter 2 / Section 34A-2-122
Owner or operator of surface water discharge or pretreatment system to pay annual fees--Application fee--Dates due
Status: in_force

The obligation to pay the annual fee imposed by §§ 34A-2-117 to 34A-2-120 , inclusive, is on the owner or operator of a surface water discharge or pretreatment system and accrues on July first, for all nonpublicly-owned facilities. The fee is due and payable by July thirty-first and shall be remitted to the Department of Agriculture and Natural Resources along with the forms prescribed by the secretary in rules promulgated pursuant to chapter 1-26 .

The obligation to pay the annual fee imposed by §§ 34A-2-117 to 34A-2-120 , inclusive, is on the owner or operator of a surface water discharge or pretreatment system and accrues on January first for all publicly-owned facilities. The fee is due and payable by January thirty-first and shall be remitted to the Department of Agriculture and Natural Resources along with the forms prescribed by the secretary in rules promulgated pursuant to chapter 1-26 .

The obligation to pay the application fee imposed by §§ 34A-2-117 to 34A-2-120 , inclusive, is on the owner or operator of a facility requesting either coverage under a general permit or water quality certification under section 401 of the Federal Water Pollution Control Act as amended to January 1, 2011. The application fee for such water quality certification does not apply to treatment works already required to submit a fee under other provisions of §§ 34A-2-117 to 34A-2-120 , inclusive. The fee is due and payable and shall be remitted to the Department of Agriculture and Natural Resources along with the application forms prescribed by the secretary in rules promulgated pursuant to chapter 1-26 .

Source: SL 1992, ch 254, § 60; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2011, ch 165, § 69; SL 2019, ch 158, § 4; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-48A-48 — SD Code / Title 34 / Chapter 48A / Section 34-48A-48
District special emergency and disaster fund--Sources--Withdrawals
Status: in_force

Each district organization for emergency management may establish a special emergency and disaster fund in the office of the county treasurer of the county where the district office is located, which shall be a special revenue fund. Any reimbursement or matching funds from any source whatever, shall be deposited in the fund and used for emergency management purposes. Withdrawals from the fund shall be made on warrants drawn by the county auditor of the county on vouchers signed by the district organization director and one commissioner from the advisory board of the district.

Source: SL 1959, ch 287; SDC Supp 1960, § 41.01C07 (3); SL 1977, ch 271, § 32; SL 1992, ch 236, § 23; SDCL § 33-15-37 .
S.D. Codified Laws § 34-45-26 — SD Code / Title 34 / Chapter 45 / Section 34-45-26
Qualifications for employment and training
Status: in_force

The commission shall, by rules promulgated pursuant to chapter 1-26 , establish qualifications for the employment and training of 911 telecommunicators which relate to the competence and reliability of a person to assume and discharge the responsibilities of a 911 telecommunicator. The qualifications shall include minimum age, education standards, physical standards, mental standards, citizenship, character, competence, experience, and reliability. The commission shall, by rules promulgated pursuant to chapter 1-26 , prescribe the means by which a person may demonstrate fulfillment of the qualifications.

Source: SL 1998, ch 142, § 5.
S.D. Codified Laws § 34-23A-82 — SD Code / Title 34 / Chapter 23A / Section 34-23A-82
Legislative finding that Planned Parenthood facility in Sioux Falls does not comply with subsections34-23A-10.1(1)(c) and (d)
Status: in_force

The Legislature finds that the physicians, agents, and employees performing or assisting in the performance of abortions at the Planned Parenthood facility in Sioux Falls, South Dakota have provided written disclosures before an abortion that do not adequately disclose or adequately explain the mandatory disclosures required by subsections 34-23A-10.1 (1)(c) and (d).

Source: SL 2018, ch 205, § 9.
S.D. Codified Laws § 34-23A-1 — SD Code / Title 34 / Chapter 23A / Section 34-23A-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Abortion," the intentional termination of the life of a human being in the uterus, provided the term does not include:

(a) Medical treatment that is provided to a pregnant female and results in the accidental or unintentional death of the unborn child;

(b) Treatment to resolve a miscarriage;

(c) The treatment or removal of an ectopic pregnancy;

(d) The removal from the uterus of a deceased unborn child; or

(e) Any medical procedure performed for the purpose of saving the life or preserving the health of the unborn child ;

(1A) "Abortion facility," a place where abortions are performed;

(1B) "Department," the South Dakota Department of Health;

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

(3) "Fertilization," that point in time when a male human sperm penetrates the zona pellucida of a female human ovum;

(4) "Human being," an individual living member of the species of Homo sapiens, including the unborn human being during the entire embryonic and fetal ages from fertilization to full gestation;

(5) "Medical emergency," any condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function;

(6) "Miscarriage," the spontaneous loss of a pregnancy;

(7) "Parent," one parent or guardian of the pregnant minor or the guardian or conservator of the pregnant woman;

(8) "Physician," a person licensed under the provisions of chapter 36-4 or a physician practicing medicine or osteopathy in the employ of the government of the United States or of this state; and

(9) "Probable gestational age of the unborn child," that which in the judgment of the physician will, with reasonable probability, be the gestational age of the unborn child at the time the abortion is planned to be performed.

Source: SL 1973, ch 146, § 1; SL 1993, ch 249, § 1; SL 1997, ch 204, § 1; SL 2000, ch 171, § 1; SL 2005, ch 186, § 8; SL 2005, ch 189, § 3; SL 2006, ch 182, § 1; SL 2021, ch 148, § 1; SL 2026, ch 99, § 2.
S.D. Codified Laws § 34A-2B-4 — SD Code / Title 34A / Chapter 2B / Section 34A-2B-4
Disbursement of funds
Status: in_force

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

Source: SL 1998, ch 216, § 7.
S.D. Codified Laws § 34A-5-35 — SD Code / Title 34A / Chapter 5 / Section 34A-5-35
Requiring connections with sewers--Assessments and charges--Construction and inspection standards for private systems
Status: in_force

The board of trustees may require by ordinance or resolution that all dwellings or structures within the district, or within a defined area, shall be connected with the sewers of the district. They may also require minimum sanitary facilities, immediately or within a specified period after the completion of sewers to which a connection may reasonably be made, under such regulations as are established by the resolution or ordinance. When the district finds and determines that such action is necessary for the maintenance of public health and sanitary conditions in the district it may cause any such connection to be made, and assess the cost thereof upon the land where the dwelling or structure is situated, or make an agreement with the owner or occupant to accept payment therefor in cash or in installments payable with other sewer rates and charges over such period as may be agreed. The district may impose and collect charges for the availability of sewer service to any properties so directed to be connected, whether or not such connection is made. The board of trustees shall have exclusive jurisdiction to establish by ordinance or resolution standards for construction and inspection of private sewer systems within its boundaries, in conformity with state county laws and regulations.

Source: SDC Supp 1960, § 45.3815 (9) as added by SL 1964, ch 144, § 7; SDCL, § 34-17-28; SL 1980, ch 248.
S.D. Codified Laws § 34-28-5 — SD Code / Title 34 / Chapter 28 / Section 34-28-5
Glazing materials in buildings--Definition of terms
Status: in_force

Terms as used in §§ 34-28-5 to 34-28-10 , inclusive, unless the context otherwise requires, mean:

(1) "Bathtub enclosure," a sliding, pivoting, or hinged door and fixed panels which are glazed or to be glazed and used to form a barrier between the bathtub and the rest of the room area;

(2) "Commercial buildings," buildings such as wholesale and retail stores and storerooms, and office buildings;

(3) "Commercial entrance and exit door," a hinged, pivoting, revolving, or sliding door which is glazed or to be glazed and used alone or in combination with other doors (other than doors covered by subdivision (15) of this section), on interior or exterior walls of a commercial, public, or industrial building as a means of passage, ingress, or egress;

(4) "Fixed flat glazed panels immediately adjacent to entrance or exit doors," the first fixed flat glazed panel on either or both sides of interior or exterior doors, exclusive of glass lights located not less than eighteen inches above the adjacent finished floor walking surface, forty - eight inches or less in width, the nearest vertical edge of which is located within four feet horizontally of the nearest vertical edge of the door;

(5) "Glazed," the accomplished act of glazing;

(6) "Glazing," the act of installing and securing glass or other glazing material into prepared openings in structural elements such as doors, enclosures, and panels;

(7) "Hazardous locations," those structural elements, glazed or to be glazed, in residential buildings and other structures used as dwellings, commercial buildings, industrial buildings, and public buildings, known as interior and exterior commercial entrance and exit doors and the immediately adjacent flat fixed glazed panels, sliding glass door units including the fixed glazed panels which are part of such units, storm or combination doors, shower and bathtub enclosures, primary residential entrance and exit doors and the fixed or operable adjacent sidelights, whether or not the glazing in such doors, panels and enclosures is transparent, excluding glass lights when the largest dimension is no greater than eighteen inches;

(8) "Industrial buildings," buildings such as factories;

(9) "Other structures used as dwellings," buildings such as mobile homes, manufactured or industrialized housing and lodging homes;

(10) "Primary residential entrance and exit door," a door (other than doors covered by subdivision (15) of this section) which is glazed or to be glazed and used in an exterior wall of a residential building and other structures used as dwellings, as a means of ingress or egress;

(11) "Public buildings," buildings such as hotels, hospitals, motels, dormitories, sanitariums, nursing homes, theaters, stadiums, gymnasiums, amusement park buildings, schools, and other buildings used for educational purposes, museums, restaurants, bars, correctional institutions, places of worship, and other buildings of public assembly;

(12) "Residential buildings," buildings such as homes and apartments used as dwellings for one or more families or persons;

(13) "Safety glazing material," any glazing material, such as tempered glass, laminated glass, wire glass, or rigid plastic, which meets the test requirements of the American National Standards Institute Standard Z-97.1-1972, and which are so constructed, treated, or combined with other materials as to minimize the likelihood of cutting and piercing injuries resulting from human contact with the glazing material;

(14) "Shower enclosure," a hinged, pivoting, or sliding door and fixed panels which are glazed or to be glazed and used to form a barrier between the shower stall and the rest of the room area;

(15) "Sliding glass door units," an assembly of glazed or to be glazed panels contained in an overall frame, installed in residential buildings and other structures used as dwellings, commercial, industrial, or public buildings, and so designed that one or more of the panels is movable in a horizontal direction to produce or close off an opening for use as a means of passage, ingress, or egress;

(16) "Storm or combination door," a door which is glazed or to be glazed, and used in tandem with a primary residential or commercial entrance and exit door to protect the primary residential or commercial entrance or exit door against weather elements and to improve indoor climate control.

Source: SL 1973, ch 232, § 1.
S.D. Codified Laws § 34-48A-1 — SD Code / Title 34 / Chapter 48A / Section 34-48A-1
Definitions
Status: in_force

Terms used in this chapter mean:

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

(2) "Disaster," any natural, nuclear, man-made, war- related, or other catastrophe producing phenomena in any part of the state which, in the determination of the Governor, causes damage of sufficient severity and magnitude to warrant all state assistance that is reasonably available, above and beyond emergency resource commitments;

(3) "Emergency," any natural, nuclear, man-made, war- related, or other catastrophe producing phenomena in any part of the state which in the determination of the Governor requires the commitment of less than all available state resources to supplement local efforts of political subdivisions of the state to save lives and to protect property, public health, and safety or to avert or lessen the threat of a disaster;

(4) "Emergency management," the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, repair injury and damage resulting from disasters caused by enemy attack, sabotage, or other hostile action, fire, flood, snowstorm, windstorm, tornado, cyclone, drought, earthquake, or other natural causes and provide for the relief of distressed humans and livestock in areas where such conditions prevail whether affecting all or only a portion of the state. These functions include, without limitation, fire fighting services, police services, medical and health services, hazardous materials, search and rescue, engineering, warning, communications, radiological, chemical, and other special weapons of defense, evacuation of persons or livestock, emergency welfare services, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian or livestock protection, together with other activities necessary or incidental to the preparation for any carrying out of the foregoing functions including cooperation with the federal government, county and tribal governments, national relief organizations, public or private organizations, and persons;

(5) "Emergency management worker," any full or part- time paid, volunteer or auxiliary employee of this state, or other state, territory, possession, or the District of Columbia, of the federal government, or any neighboring county, or of any political subdivision thereof, or of any agency or organization, performing services at any place in this state subject to the order or control of, or pursuant to a request of, the state government or any political subdivision thereof;

(6) "Hazardous material," any material, including but not limited to, explosives, flammable liquids, flammable compressed gas, flammable solids, oxidizing materials, poisons, corrosive materials, and radiological materials, the loss of control or mishandling of which could cause personal injury or death to humans or damage to property or the environment;

(7) "Local effort," the expenditure for emergency or disaster purposes within the twelve-month period preceding the date of the request, of an amount equal to two mills of the assessed valuation, exclusive of capital asset purchases, in each county for the assessment date preceding the date of the request under an emergency or disaster declaration by the Governor;

(8) "Local organization for emergency management," an organization created in accordance with the provisions of this chapter by state or local authority to perform local emergency management functions;

(9) "Political subdivision," counties, townships, Indian tribes, and municipalities; and

(10) "Search and rescue," the preparation and carrying out of search for and rescue of persons.

Source: SL 1949, ch 236, § 3; SL 1951, ch 285, § 3; SL 1955, ch 236, § 2; SDC Supp 1960, § 41.01C03; SL 1972, ch 188; SL 1977, ch 271, § 1; SL 1985, ch 15, § 41; SL 1989, ch 30, § 59; SL 1992, ch 236, § 1; SL 2004, ch 17, § 185; SDCL § 33-15-1 .
S.D. Codified Laws § 34-37-19 — SD Code / Title 34 / Chapter 37 / Section 34-37-19
County regulation of fireworks--Use of South Dakota grassland fire danger index--Violation as misdemeanor
Status: in_force

Any county may, by resolution, regulate or prohibit the use of fireworks outside the boundaries of any municipality in those areas where the fire danger, as determined by use of the South Dakota grassland fire danger index published by the National Weather Service, has reached the extreme category in that county during the period from June twentieth to July second, inclusive, and during the period from December twenty-eighth to January first, inclusive. During any such period, the county's action is suspended if the grassland fire danger index falls below the very high category and again becomes effective if the grassland fire danger index reaches the extreme category. Any violation of a resolution adopted pursuant to this section is a Class 2 misdemeanor.

Source: SL 1989, ch 302; SL 2002, ch 252 (Ex. Ord. 02-1), § 17; SL 2003, ch 187, § 1; SL 2004, ch 239, § 1; SL 2011, ch 162, § 4; SL 2021, ch 156, § 1, eff. Mar. 25, 2021.
S.D. Codified Laws § 34-20H-3 — SD Code / Title 34 / Chapter 20H / Section 34-20H-3
Inspection requirement
Status: in_force

A donated drug or medical supply may not be dispensed until a pharmacist, holding a permit issued in accordance with § 36-11-32 , has inspected the drug or medical supply and repackaged it, as necessary, for dispensing.

Source: SL 2022, ch 137, § 3.
S.D. Codified Laws § 34-43-7 — SD Code / Title 34 / Chapter 43 / Section 34-43-7
Prohibited inspections--Exceptions
Status: in_force

An inspection made pursuant to a warrant authorized by §§ 34-43-1 to 34-43-8 , inclusive, may not be made between six p.m. of any day and eight a.m. of the succeeding day, nor in the absence of an owner or occupant of the particular place, dwelling, structure, or premises unless specifically authorized by the magistrate judge or circuit court judge upon a showing that such authority is reasonably necessary to effectuate the purpose of the regulation being enforced. An inspection may not be made by means of forcible entry, except if expressly authorized by the magistrate judge or circuit court judge if the facts are sufficient to create a reasonable suspicion of a violation of a state or local law or regulation relating to building, housing, fire, safety, plumbing, electrical, health, or zoning, which, if such violation existed, would be a direct threat to health or safety, and if the facts establish that reasonable attempts to serve a previous warrant have been unsuccessful.

Source: SL 1986, ch 290, § 7.
S.D. Codified Laws § 34A-16-4 — SD Code / Title 34A / Chapter 16 / Section 34A-16-4
Articles of incorporation
Status: in_force

Upon the appointment and qualification of the initial commissioners of the board of a regional recycling and waste management district, the board shall submit to the secretary of state the district's proposed articles of incorporation. The district shall be incorporated as provided in chapter 6-10 .

Source: SL 1993, ch 259, § 4.
S.D. Codified Laws § 34-52-7 — SD Code / Title 34 / Chapter 52 / Section 34-52-7
Informed consent
Status: in_force

A health care professional using telehealth shall follow any applicable state or federal statute or rule for informed consent.

Source: SL 2019, ch 156, § 7.
S.D. Codified Laws § 34-20A-77.1 — SD Code / Title 34 / Chapter 20A / Section 34-20A-77.1
Provision for committed person who cannot be admitted at once to facility--Maximum period of detention--Payment of costs
Status: in_force

If it is shown to the satisfaction of the court that a committed person may not at once be admitted to the designated facility, and may not with safety, be allowed to go at liberty, the court shall require that the patient be provided for until admission can be accomplished, or until the occasion no longer exists. In any event, the patient may not be detained more than thirty days. Payment for such service is subject to § 34-20A-89 .

Source: SL 1985, ch 277, § 5.
S.D. Codified Laws § 34A-16-37 — SD Code / Title 34A / Chapter 16 / Section 34A-16-37
Certain waste under contract between hauler and different facility exempt during contract period--Exemption for certain electric generation facilities
Status: in_force

If the plan proposes designation to a disposal facility, any solid waste that is subject to a contract between a hauler and a different facility that is in effect on the date notice is given under § 34A-16-40 is not subject to the designation during the contract period. The owner of any electric generation facility located within the State of South Dakota which has been authorized by the Department of Agriculture and Natural Resources to operate a solid waste facility on its owned or leased realty for the purpose of disposing of solid waste resulting from the generation of electricity shall be excluded from the effect of this chapter and its owned or leased realty used for the siting of its electric generation facility and its solid waste storage may not be a geographical part of any such district.

Source: SL 1993, ch 259, § 39; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-46-20 — SD Code / Title 34 / Chapter 46 / Section 34-46-20
Tobacco product includes vapor product
Status: in_force

For the purposes of this chapter, the term, tobacco product, includes vapor product. The term, vapor product, means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. The term, vapor product, includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic smoking device, or similar product or device. The term, vapor product, does not include any product approved by the United States Food and Drug Administration for sale as tobacco cessation products and marketed and sold solely for that purpose.

Source: SL 2014, ch 173, § 1; SL 2019, ch 155, § 3.
S.D. Codified Laws § 34-23A-53 — SD Code / Title 34 / Chapter 23A / Section 34-23A-53
Definition of terms
Status: in_force

Terms as used in §§ 34-23A-53 to 34-23A-62 , inclusive, mean:

(1) "Pregnancy help center," any entity whether it be a form of corporation, partnership, or proprietorship, whether it is for profit, or nonprofit, that has as one of its principal missions to provide education, counseling, and other assistance to help a pregnant mother maintain her relationship with her unborn child and care for her unborn child, which entity has a medical director who is licensed to practice medicine in the State of South Dakota, or that it has a collaborative agreement with a physician licensed in South Dakota to practice medicine to whom women can be referred, which entity does not perform abortions and is not affiliated with any physician or entity that performs abortions, and does not now refer pregnant mothers for abortions, and has not referred any pregnant mother for abortions for the three-year period immediately preceding July 1, 2011, which entity does not place children for adoption, and which entity is in compliance with the requirements of § 34-23A-59.1 ;

(2) Deleted by SL 2012, ch 186, § 1;

(3) Deleted by SL 2012, ch 186, § 1;

(4) "Coercion," exists if the pregnant mother is induced to consent to an abortion by any other person under circumstances, or in such a manner, which deprives her from making a free decision or exercising her free will.

Source: SL 2011, ch 161, § 7; SL 2012, ch 186, § 1; SL 2014, ch 167, § 1.
S.D. Codified Laws § 34-23A-32 — SD Code / Title 34 / Chapter 23A / Section 34-23A-32
Partial-birth abortion defined
Status: in_force

For the purposes of §§ 34-23A-27 to 34-23A-33 , inclusive, a partial - birth abortion is any abortion in which the person who performs the abortion causes a living human fetus to be partially vaginally delivered before killing the infant and completing the delivery.

Source: SL 1997, ch 129, § 6.
S.D. Codified Laws § 34-52-6 — SD Code / Title 34 / Chapter 52 / Section 34-52-6
Prescribing drugs
Status: in_force

Without a proper provider-patient relationship, a health care professional using telehealth may not prescribe a controlled drug or substance, as defined by § 34-20B-3 , solely in response to an internet questionnaire or consult, including any encounter via telephone.

Source: SL 2019, ch 156, § 6; SL 2020, ch 151, § 2.
S.D. Codified Laws § 34A-16-10 — SD Code / Title 34A / Chapter 16 / Section 34A-16-10
Reduction in size of district
Status: in_force

A regional recycling and waste management district may be reduced in size if the governing body of a county or municipality submits to the district a resolution requesting release of a specified area from the district and the board of commissioners of the district adopts a resolution consenting to the reduction and makes provisions for the retention or disposition of its assets and liabilities. However, if the district has any bonds outstanding, no reduction in size may release any county or municipality from its obligations, if any, with respect to such bonds.

Source: SL 1993, ch 259, § 10.
S.D. Codified Laws § 34A-6-25 — SD Code / Title 34A / Chapter 6 / Section 34A-6-25
Vote required for municipal grant of franchise--General or special election--Adoption of ordinance before vote--Notice of election
Status: in_force

No franchise may be granted by any municipality pursuant to § 34A-6-24 unless the governing body of the municipality submits the proposition of issuing the franchise to a vote of the electors at a general or special election called for that purpose. Before submitting the proposition, the governing body shall first approve the proposed franchise by ordinance, incorporating the proposed franchise in full and providing for submission of the proposition at an election to be held not sooner than thirty days after the publication of the election and proposition. The notice of election and the proposition shall refer to the ordinance by number and shall include the full title of the ordinance. No such franchise or franchise ordinance is effective unless the proposal to grant the franchise is approved at the election by a majority vote of the electors.

Source: SL 1975, ch 226, § 1; SDCL Supp, § 34-16B-21.2; SL 2011, ch 165, § 119.
S.D. Codified Laws § 34-20G-72 — SD Code / Title 34 / Chapter 20G / Section 34-20G-72
Promulgation of rules--Violation of required or prohibited action as misdemeanor
Status: in_force

The department shall promulgate rules pursuant to chapter 1-26 :

(1) Establishing the form and content of registration and renewal applications submitted under this chapter and include the notice requirements set forth in § 34-20G-28.1 ;

(2) Establishing a system to numerically score competing medical cannabis establishment applicants, in cases where more applicants apply than are allowed by the local government, that includes analysis of:

(a) The preference of the local government;

(b) In the case of dispensaries, the suitability of the proposed location and its accessibility for patients;

(c) The character, veracity, background, qualifications, and relevant experience of principal officers and board members; and

(d) The business plan proposed by the applicant, that in the case of a cultivation facility or dispensary shall include the ability to maintain an adequate supply of cannabis, plans to ensure safety and security of patrons and the community, procedures to be used to prevent diversion, and any plan for making cannabis available to low-income registered qualifying patients;

(3) Governing the manner in which the department shall consider applications for and renewals of registry identification cards, that may include creating a standardized written certification form;

(4) Governing medical cannabis establishments to ensure the health and safety of qualifying patients and prevent diversion and theft without imposing an undue burden or compromising the confidentiality of a cardholder, including:

(a) Oversight requirements;

(b) Record-keeping requirements;

(c) Security requirements, including lighting, physical security, and alarm requirements;

(d) Health and safety regulations, including restrictions on the use of pesticides that are injurious to human health;

(e) Standards for the manufacture of cannabis products and both the indoor and outdoor cultivation of cannabis by a cultivation facility;

(f) Requirements for the transportation and storage of cannabis by a medical cannabis establishment;

(g) Employment and training requirements, including requiring that each medical cannabis establishment create an identification badge for each agent;

(h) Standards for the safe manufacture of cannabis products, including extracts and concentrates;

(i) Restrictions on the advertising, signage, and display of medical cannabis, provided that the restrictions may not prevent appropriate signs on the property of a dispensary, listings in business directories including phone books, listings in marijuana-related or medical publications, or the sponsorship of health or not-for-profit charity or advocacy events;

(j) Requirements and procedures for the safe and accurate packaging, labeling, distribution, and tracking of medical cannabis;

(k) Certification standards for testing facilities, including requirements for equipment and qualifications for personnel; and

(l) Requirements for samples of cannabis and cannabis products submitted to testing facilities, including batch sizes to not exceed fifty pounds of cannabis intended for retail sale, batch sizes for homogenous cannabis products intended for retail sale, and procedures to ensure representative sampling;

(5) Establishing procedures for the suspension and termination of the registry identification cards of cardholders who commit multiple or serious violations of this chapter;

(6) Establishing procedures for:

(a) The imposition of fines, not to exceed ten thousand dollars per inspection, on a medical cannabis establishment that is found to have committed multiple or serious violations of this chapter; and

(b) The probation, suspension, and termination of the registration certificate of a medical cannabis establishment that commits multiple or serious violations of this chapter;

(7) Establishing labeling requirements for cannabis and cannabis products, including requiring cannabis product labels to include the following:

(a) The length of time it typically takes for a product to take effect;

(b) Disclosing ingredients and possible allergens;

(c) A nutritional fact panel; and

(d) Requiring that edible cannabis products be clearly identifiable, when practicable, with a standard symbol indicating that it contains cannabis;

(8) Establishing procedures for the registration of nonresident cardholders and the cardholder's designation of no more than two dispensaries, which shall require the submission of:

(a) A practitioner's statement confirming that the patient has a debilitating medical condition; and

(b) Documentation demonstrating that the nonresident cardholder is allowed to possess cannabis or cannabis preparations in the jurisdiction where the nonresident cardholder resides;

(9) Establishing the amount of cannabis products, including the amount of concentrated cannabis, each cardholder and nonresident cardholder may possess; and

(10) Establishing application and renewal fees for registration certificates, not to exceed twenty thousand dollars, with this upper limit adjusted annually for inflation, with the total fees collected sufficient to offset all costs related to program implementation and administration; and

(11) Establishing application and renewal fees for registry identification cards and nonresident cardholder registration as follows:

(a) Using a sliding scale of patient application and renewal fees based upon a qualifying patient's household income;

(b) The fees charged to qualifying patients, nonresident cardholders, and caregivers may not be greater than the costs of processing the application and issuing a registry identification card or registration; and

(c) The department may accept donations from private sources to reduce application and renewal fees.

A violation of a required or prohibited action under any rule authorized by this section is a Class 2 misdemeanor.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 131, § 2; SL 2022, ch 133, § 1; SL 2023, ch 122, § 3; SL 2024, ch 136, § 2; SL 2024, ch 138, § 1.
S.D. Codified Laws § 34A-10-2.5 — SD Code / Title 34A / Chapter 10 / Section 34A-10-2.5
Failure to comply with order--Injunctive relief
Status: in_force

The secretary of the Department of Agriculture and Natural Resources may bring an action without furnishing of bond, for an injunction against any person who fails to comply with an order issued by the secretary or any official under the secretary's supervision having authority to issue such order by virtue of this title, Title 45, or Title 46. The court to which the department applies for an injunction may issue a temporary injunction, if it finds there is reasonable cause to believe that the allegations of the department are true, and it may issue a temporary restraining order pending action on the temporary injunction.

Source: SL 1989, ch 306, § 72; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2011, ch 165, § 139; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-2-11.1 — SD Code / Title 34A / Chapter 2 / Section 34A-2-11.1
Presumption favoring existing quality standards
Status: in_force

For the purpose of §§ 34A-2-10 and 34A-2-11 , existing valid water quality standards shall be presumed to be in accordance with such sections and the presumption shall be rebuttable.

Source: SL 1978, ch 260, § 3.
S.D. Codified Laws § 34-20A-104 — SD Code / Title 34 / Chapter 20A / Section 34-20A-104
Possession and administration of opioid antagonists by person close to person at risk of overdose
Status: in_force

A person who is a family member, friend, or other close third party to a person at risk for an opioid-related drug overdose may be prescribed, possess, distribute, or administer an opioid antagonist that is prescribed, dispensed, or distributed by a licensed health care professional directly or by standing order pursuant to §§ 34-20A-104 to 34-20A-108 , inclusive.

Source: SL 2016, ch 174, § 1.
S.D. Codified Laws § 34A-1-11 — SD Code / Title 34A / Chapter 1 / Section 34A-1-11
Classification of air contaminant sources--Reporting requirements
Status: in_force

The Board of Minerals and Environment, by rules promulgated pursuant to chapter 1-26 , may classify air contaminant sources according to levels and types of emissions and other characteristics which relate to air pollution, and may require reporting for any such class or classes. Classifications made pursuant to this section may be for application to the state as a whole or to any designated area of the state, and shall be made with special reference to effects on health, economic and social factors, and physical effects on property.

Source: SL 1970, ch 203, § 6; SDCL Supp, § 34-16A-18; SL 1977, ch. 280, § 7; SL 1980, ch 238, § 11; SL 1993, ch 256, § 2.
S.D. Codified Laws § 34-29A-14 — SD Code / Title 34 / Chapter 29A / Section 34-29A-14
Boilers exempt from application of chapter
Status: in_force

This chapter does not apply to the following boilers:

(1) Boilers under federal control;

(2) Boilers located on farms if the farm is not regularly open to the general public and the boiler is used solely for agricultural or horticultural purposes;

(3) Heating boilers which are located in private residences or in apartment houses of less than six family units;

(4) Hot water supply boilers equipped with ASME-National Board approved safety relief valves which are directly fired with combustible fuel, electricity, or solar energy when none of the following limitations is exceeded:

(a) Heat input of two hundred thousand BTU per hour;

(b) Water temperature of two hundred ten degrees F;

(c) Nominal water capacity of one hundred twenty gallons;

(5) Boilers located in a refinery;

(6) Boilers used as part of an electrical generating plant;

(7) Historic power boilers as defined by § 34-29A-1 . However, each boiler shall comply with rules promulgated under the provisions of § 34-29A-14.1 .

Source: SL 1973, ch 229, § 6; SL 1982, ch 18, § 43; SL 1989, ch 300, § 3.
S.D. Codified Laws § 34A-5-41 — SD Code / Title 34A / Chapter 5 / Section 34A-5-41
Election on acquisition and operation of water system--Board powers on approval
Status: in_force

The board of trustees of any sanitary district incorporated under this chapter may submit to the voters of the district at an annual election or a special election called and held in accordance with chapter 9-13 the question whether the district shall be authorized to acquire and operate a water system, or the application for incorporation filed in accordance with § 34A-5-6 may request such authority. Upon approval of the grant of such authority by a majority of the qualified electors voting on the question, or upon entry of the order incorporating the district if the application has requested such authority, the board of trustees may:

(1) Acquire and operate water mains, hydrants, intakes, wells, storage tanks and reservoirs, treatment plants, and all other facilities used or useful for the supply and distribution of water;

(2) Acquire and operate any of such facilities; and

(3) Contract for the service of any such facilities owned by the adjacent municipality or for the use of district facilities by the municipality.

In connection with all such matters the district and its board of trustees have all powers granted in this chapter with reference to sewer facilities. In the exercise of such powers the board of trustees may purchase any existing facilities used or useful in the exercise of such powers, or may contract for the construction of any such facilities in the manner provided in chapters 5-18A and 5-18B .

Source: SL 1966, ch 146, § 3; SDCL § 34-17-34; SL 1992, ch 60, § 2; SL 2011, ch 2, § 140; SL 2011, ch 165, § 101.
S.D. Codified Laws § 34-34A-10.2 — SD Code / Title 34 / Chapter 34A / Section 34-34A-10.2
Records and reports required of manufacturers, distributors, and dealers
Status: in_force

Each manufacturer, distributor, and dealer of manufactured homes shall establish and maintain records, make reports and provide information as the State Fire Marshal or the secretary of the United States Department of Housing and Urban Development may reasonably require for the State Fire Marshal or the United States secretary to determine whether the manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter or with the National Manufactured Housing Construction and Safety Standards Act of 1974; and, upon request of a person designated by the State Fire Marshal or the United States secretary, shall permit that person to inspect appropriate books, papers, records, and documents relevant to determining whether a manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter or with the National Manufactured Housing Construction and Safety Standards Act of 1974.

Source: SL 1982, ch 267, § 8; SL 2004, ch 17, § 217.
S.D. Codified Laws § 34-31A-14 — SD Code / Title 34 / Chapter 31A / Section 34-31A-14
Election of officers
Status: in_force

The board of directors shall meet as soon after the organizational meeting as possible to elect a president, a vice - president, and a secretary - treasurer.

Source: SL 1971, ch 208, § 4.
S.D. Codified Laws § 34-20G-52 — SD Code / Title 34 / Chapter 20G / Section 34-20G-52
Proof of unavailability of defense to prosecution
Status: in_force

(1) The person had a registry identification card revoked for misconduct; or

(2) The purpose for the possession or cultivation of cannabis was not solely for palliative or therapeutic use by the person with a debilitating medical condition who raised the defense.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
S.D. Codified Laws § 34A-6-1.13 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.13
Notice and opportunity for hearing--Issuance of permit--Contested cases--Grounds for denial
Status: in_force

The board or the secretary, after public notice and opportunity for public hearing, may issue a permit with reasonable terms and conditions for installation, establishment, modification, operation, or abandonment of a solid waste facility. After publication of the secretary's recommendation on a permit application as provided for under § 34A-6-1.14 , if no petition for contested case is timely filed, the recommendation of the secretary becomes the final determination on the application. If an uncontested recommendation is for approval or conditional approval of the application, the permit shall be issued by the secretary consistent with the secretary's recommendation. The board may issue a permit in a contested case on the basis of information in the application itself or on the basis of evidence received at a hearing, if any, on the matter only if the board finds that the facility will meet the requirements of §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, and is in the public interest.

The board may deny any permit in a contested case if it finds that the applicant, or any officer, director, or manager of the applicant, or shareholder owning twenty percent or more of its capital stock, beneficial or otherwise, or other person conducting or managing the affairs of the applicant or of the proposed permitted premises in whole or part:

(1) Has misrepresented a material fact in applying to the board for a permit;

(2) Has been convicted of a felony or other crime involving moral turpitude;

(3) Has violated the environmental laws of any state or the United States;

(4) Has had any permit revoked under the environmental laws of any state or the United States; or

(5) Has otherwise demonstrated through previous actions the lack of character or competency to reliably carry out the obligations imposed by §§ 34A-6-1.1 to 34A-6-1.38 , inclusive.

For the purpose of this section, the conduct and reputation of any owner or proposed manager or operator may be imputed to the applicant.

Source: SL 1989, ch 306, § 14; SL 1991, ch 288, § 6; SL 2011, ch 165, § 111.
S.D. Codified Laws § 34-21-16 — SD Code / Title 34 / Chapter 21 / Section 34-21-16
Unauthorized use of radioactive materials as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for any person to produce radiation, or to produce, use, store, or dispose of radioactive materials, except in accordance with the provisions of this chapter and rules and regulations promulgated thereunder.

Source: SL 1957, ch 122, § 5; SDC Supp 1960, § 27.17A05; SL 1967, ch 107, § 3; SL 1977, ch 190, § 52.
S.D. Codified Laws § 34A-10-9 — SD Code / Title 34A / Chapter 10 / Section 34A-10-9
Defendant rebutting evidence of pollution
Status: in_force

When the plaintiff in the action has made a prima facie showing that the conduct of the defendant is polluting, impairing, or destroying the air, water, or other natural resources or the public trust therein, the defendant may rebut the prima facie showing by the submission of evidence to the contrary.

Source: SL 1973, ch 144, § 4 (1); SDCL Supp, § 21-10A-9.
S.D. Codified Laws § 34A-5-47 — SD Code / Title 34A / Chapter 5 / Section 34A-5-47
Election on formation of consolidated district--Form of ballot
Status: in_force

The governing body of each of the corporations described in § 34A-5-46 shall by resolution submit the question of consolidation to the voters of such corporation at a special election called for the purpose or at the next regular election. The proposition shall be submitted to the voters of each corporation on a separate ballot and shall be so stated as to enable each voter to vote for or against the proposed consolidation by making a cross x or check mark (  ) in the square or circle preceding the phrase "For the formation of a consolidated sanitary district comprising the (naming the corporations to be included) with power to construct or acquire and operate sewer facilities (or, water and sewer facilities)."

Source: SL 1964, ch 144, § 8; SL 1966, ch 146, § 2; SL 1967, ch 226; SDCL, § 34-17-40.
S.D. Codified Laws § 34A-10-17 — SD Code / Title 34A / Chapter 10 / Section 34A-10-17
Obtaining voluntary compliance--Administrative settlement agreements
Status: in_force

Nothing in this chapter prevents the Department of Agriculture and Natural Resources from obtaining voluntary compliance with the provisions of Title 34A, 45, or 46, through warning, conference, settlement, or any other appropriate means. The secretary may enter into administrative settlement agreements in regard to violations of the provisions of Title 34A, 45, or 46, including stipulated settlements of any civil penalty authorized under that title.

Source: SL 1992, ch 26, § 9; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-11-3 — SD Code / Title 34A / Chapter 11 / Section 34A-11-3
Department designated as state agency under federal law
Status: in_force

The Department of Agriculture and Natural Resources is designated as the agency for all state purposes of the Federal Resource Conservation Recovery Act as amended to January 1, 2011, and the Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616), as amended to January 1, 2011.

Source: SL 1983, ch 262, § 3; SL 1986, ch 295, § 31; SL 2011, ch 165, § 145; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-6-1.16 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.16
Initial validity period of permits--Renewal--Assessment of fees
Status: in_force

Permits granted by the board under this chapter shall be initially valid for up to two years from the date of issuance and may be renewed for periods of up to five years.

The department shall assess for the processing of all permits, amendments and renewals an application fee. The fee shall be assessed as follows:

(1) Facilities receiving wastes of more than 150,000 tons per annum: ................................................................. $ 5,000

(2) Facilities receiving between 5,000 tons and 150,000 tons per annum: .................................................................... $ 500

(3) Facilities receiving between 500 tons and 4,999 tons per annum: .................................................................. $ 250

Source: SL 1989, ch 306, § 17; SL 1993, ch 257, § 6.
S.D. Codified Laws § 34-45-8.3 — SD Code / Title 34 / Chapter 45 / Section 34-45-8.3
Time for filing monthly return, report, and remittance--Penalty or interest
Status: in_force

This section applies to any return, report, or remittance filed pursuant to § 34-45-8.2 . For any return or report that is required to be filed by electronic means, the return or report shall be filed by electronic means on or before the twentieth day of the month following each period. If the due date falls on a Saturday, Sunday, legal holiday enumerated in § 1-5-1 , or a day the Federal Reserve Bank is closed, the return or report is due on the next succeeding day that is not a Saturday, Sunday, legal holiday enumerated in § 1-5-1 , or a day the Federal Reserve Bank is closed.

For any surcharge that is required to be remitted by electronic transfer, the surcharge shall be remitted on or before the twenty-fifth day of the month following each period. If the due date falls on a Saturday, Sunday, legal holiday enumerated in § 1-5-1 , or a day the Federal Reserve Bank is closed, the remittance is due on the next succeeding day that is not a Saturday, Sunday, legal holiday enumerated in § 1-5-1 , or a day the Federal Reserve Bank is closed.

If the secretary of the Department of Revenue permits any entity to file returns or reports by nonelectronic means, permits any entity to remit surcharges by nonelectronic means, or both, pursuant to § 34-45-8.2 , any return, report, or remittance which is required to be filed pursuant to § 34-45-8.2 is timely filed if mailed, postage prepaid, on or before the twentieth day of the month following each period, and is received by the department. If the due date falls on a Saturday, Sunday, legal holiday enumerated in § 1-5-1 , or a day the Federal Reserve Bank is closed, the return, report, or remittance is timely filed if mailed, postage prepaid, on the next succeeding day which is not a Saturday, Sunday, legal holiday enumerated in § 1-5-1 , or a day the Federal Reserve Bank is closed. A United States Postal Service postmark is evidence of the date of mailing for the purpose of timely filing of returns, reports, or remittances.

Penalty or interest under § 10-59-6 shall be paid if a return or remittance is not made on time.

Source: SL 2012, ch 188, § 10; SL 2017, ch 65, § 11.
S.D. Codified Laws § 34-51-10 — SD Code / Title 34 / Chapter 51 / Section 34-51-10
Private cause of action not created--Good faith, reasonable care
Status: in_force

This chapter does not create a private cause of action against a manufacturer of a general or individualized investigative treatment, or against another person or entity involved in the care of an eligible patient receiving the treatment, for any harm done to the eligible patient resulting from treatment if the manufacturer or other person or entity is complying in good faith with the terms of this chapter and exercised reasonable care.

Source: SL 2015, ch 188, § 10; SL 2025, ch 144, § 7.
S.D. Codified Laws § 34-20B-43 — SD Code / Title 34 / Chapter 20B / Section 34-20B-43
Omission or removal of required symbol prohibited--Civil fine--Knowing violation as misdemeanor
Status: in_force

No person shall omit, remove, alter, or obliterate a symbol required by this chapter. A violation of this section may be punished by a civil fine of not more than ten thousand dollars. In addition, if the violation was done knowingly, it is a Class 1 misdemeanor.

Source: SL 1970, ch 229, § 10 (d) (3); SDCL Supp, § 39-17-99; SL 1976, ch 158, § 42-18; SL 1977, ch 190, § 398.
S.D. Codified Laws § 34-34A-9.6 — SD Code / Title 34 / Chapter 34A / Section 34-34A-9.6
Violation of prohibitions by persons not licensed under federal act
Status: in_force

A person who violates any of the provisions of § 34-34A-9.4 relating to manufactured homes or any rule promulgated by the State Fire Marshal to administer the provisions of this chapter is liable for a civil penalty not exceeding one thousand dollars for each violation. Each violation is a separate offense with respect to each manufactured home, except that the maximum penalty may not exceed one million dollars for any related series of violations occurring within one year from the date of the first violation.

Source: SL 1982, ch 267, § 3; SL 2004, ch 17, § 215.
S.D. Codified Laws § 34-23-5 — SD Code / Title 34 / Chapter 23 / Section 34-23-5
Quarantine or isolation of infected person convicted of moral offense
Status: in_force

Any person convicted of being a prostitute or inmate of a disorderly house who may be found to be infected with venereal disease in a stage which, in the opinion of the health officer, is or is apt to become communicable, shall be quarantined or isolated so long as such person is so infected.

Source: SL 1921, ch 339; SDC 1939, § 27.2403.
S.D. Codified Laws § 34A-16-18 — SD Code / Title 34A / Chapter 16 / Section 34A-16-18
Use of real or personal property--Tax exemption--Special assessments
Status: in_force

Any real or personal property owned, leased, used, or occupied by the district for any authorized purpose is acquired, owned, used, and occupied for public and governmental purposes, and is exempted from taxation by the state or any political subdivision of the state. However, those properties are subject to special assessments levied by a political subdivision for a local improvement in amounts proportionate to and not exceeding the special benefit received by the properties from the improvement. No possible use of the properties in any manner different from their use for solid waste management at the time may be considered in determining the special benefit received by the properties.

Source: SL 1993, ch 259, § 20.
S.D. Codified Laws § 34-20B-20.2 — SD Code / Title 34 / Chapter 20B / Section 34-20B-20.2
Xylazine--Permissible uses
Status: in_force

(1) Dispensing, prescribing, or administering, to an animal, a drug containing xylazine that has been approved by the United States secretary of health and human services under 21 U.S.C. § 360b (January 1, 2024);

(2) Dispensing, prescribing, or administering xylazine to an animal that is permissible under 21 U.S.C. § 360b(a)(4) (January 1, 2024);

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

(a) Approved under 21 U.S.C. § 360b (January 1, 2024); or

(b) Issued an investigation use exemption under 21 U.S.C. § 360b(j) (January 1, 2024);

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

(5) Any other use approved or permissible under 21 U.S.C. § 301, et seq. (January 1, 2024).

Source: SL 2024, ch 131, § 1, eff. Feb. 12, 2024.
S.D. Codified Laws § 34A-17-9 — SD Code / Title 34A / Chapter 17 / Section 34A-17-9
Duration--Amendment by court action
Status: in_force

(a) An environmental covenant is perpetual unless it is:

(1) By its terms limited to a specific duration or terminated by the occurrence of a specific event;

(2) Terminated by consent pursuant to § 34A-17-10 ;

(3) Terminated pursuant to subsection (b);

(4) Terminated by foreclosure of an interest that has priority over the environmental covenant; or

(5) Terminated or modified in an eminent domain proceeding, but only if:

(A) The agency that signed the covenant is a party to the proceeding;

(B) All persons identified in § 34A-17-10(a) and (b) are given notice of the pendency of the proceeding; and

(C) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.

(b) If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in § 34A-17-10(a) and (b) have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The agency's determination or its failure to make a determination upon request is subject to review pursuant to chapter 1-26 .

(c) Except as otherwise provided in subsections (a) and (b), an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.

(d) An environmental covenant may not be extinguished, limited, or impaired by application of chapter 43-30 or 43-30A .

Source: SL 2005, ch 196, § 9.
S.D. Codified Laws § 34A-8-1 — SD Code / Title 34A / Chapter 8 / Section 34A-8-1
Definition of terms
Status: in_force

Terms as used in this chapter, unless the context otherwise requires, mean:

(1) "Endangered species," any species of wildlife or plants which is in danger of extinction throughout all or a significant part of its range other than a species of insects determined by the Game, Fish and Parks Commission or the secretary of the United States Department of Interior to constitute a pest whose protection under this chapter would present an overwhelming and overriding risk to man;

(2) "Nongame species," any wildlife species not legally classified a game species, fur - bearer, threatened species, or as endangered by statute or regulations of this state;

(3) "Threatened species," any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range;

(4) "Wildlife," any nondomesticated animal, whether reared in captivity or not, and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof.

Source: SL 1977, ch 335, § 1.
S.D. Codified Laws § 34-44-32 — SD Code / Title 34 / Chapter 44 / Section 34-44-32
Responsibility of counties for providing disposal sites
Status: in_force

Each county of the state shall be responsible for providing a disposal site for asbestos - containing materials which has been approved by the department. Such sites may include those made available through written agreements with other counties or subdivisions of government.

Source: SL 1988, ch 284, § 30.
S.D. Codified Laws § 34-38-26 — SD Code / Title 34 / Chapter 38 / Section 34-38-26
Compliance with International Fire Code
Status: in_force

Except as otherwise provided in this chapter, aboveground storage tanks shall comply with the applicable provisions of chapter 57 of the International Fire Code, 2015 edition.

Source: SL 1991, ch 269, § 4; SL 2006, ch 185, § 6; SL 2010, ch 177, § 3; SL 2016, ch 181, § 3.
S.D. Codified Laws § 34-23A-87 — SD Code / Title 34 / Chapter 23A / Section 34-23A-87
Legislative finding regarding phrase "politicians in the State of South Dakota require us to tell you that..."
Status: in_force

The Legislature finds that the use of the phrase "politicians in the State of South Dakota require us to tell you that" is antithetical to the purpose and effectiveness of the disclosures, and evidences a hostility to the required disclosures and signals to the pregnant mothers that the required disclosures, to the extent they are made at all, should be ignored.

Source: SL 2018, ch 205, § 14.
S.D. Codified Laws § 34A-6-63 — SD Code / Title 34A / Chapter 6 / Section 34A-6-63
Elements of waste reduction and recycling program
Status: in_force

The elements of the program required in § 34A-6-62 shall include promotion of:

(1) Efforts to increase the purchase and use of recycled products by government, business, and the public;

(2) Efforts to recover recyclable materials from the waste stream;

(3) Local efforts to implement recycling collection centers;

(4) Local efforts for curbside collection of separated recyclable waste materials and local efforts for drop - off sites or programs for rural areas;

(5) Public education programs that promote public awareness of waste volume reduction and the use of recyclable materials;

(6) Markets for recyclable materials;

(7) Research, manufacturing processes, and product development that provide for source reduction through use of alternative materials and through decreased material input and resource consumption; and

(8) Information - sharing and coordination of efforts among state governments in such areas as recycling education, technical assistance, market analysis, and related topics.

Source: SL 1992, ch 254, § 25.
S.D. Codified Laws § 34-26-53 — SD Code / Title 34 / Chapter 26 / Section 34-26-53
Amending or revoking anatomical gift before donor's death
Status: in_force

(a) Subject to § 34-26-55 , a donor or other person authorized to make an anatomical gift under § 34-26-51 may amend or revoke an anatomical gift by:

(1) A record signed by:

(A) The donor;

(B) The other person; or

(C) Subject to subsection (b), another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or

(2) A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.

(b) A record signed pursuant to subsection (a)(1)(C) must:

(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(2) State that it has been signed and witnessed as provided in paragraph (1).

(c) Subject to § 34-26-55 , a donor or other person authorized to make an anatomical gift under § 34-26-51 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.

(d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.

(e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a).

Source: SL 2007, ch 197, § 6.
S.D. Codified Laws § 34A-13-9.2 — SD Code / Title 34A / Chapter 13 / Section 34A-13-9.2
Subrogation of fund--Right to recover
Status: in_force

The fund shall be subrogated to any insurer, risk retention group, or third - party payor. The fund has the right to recover, under any pollution liability insurance contract available to a covered party, any applicable contract involving the covered party, or from any tort - feasor liable to a covered party for a release or an intentional release, or any third - party payor and that right may not be waived by contract. In any action by the fund to recover under this section, the fund may recover all its costs and, in the discretion of the court, its reasonable attorney's fees involved in the action provided demand for payment has been made at least thirty days prior to commencement of an action. Demand for payment under this section shall stay the running of any statute of limitations for thirty days. This section applies to any claim filed after April 1, 1988.

Source: SL 1990, ch 292, § 5; SL 1992, ch 260, § 12.
S.D. Codified Laws § 34A-2-68 — SD Code / Title 34A / Chapter 2 / Section 34A-2-68
Emergency order by secretary to stop pollution--Effective immediately--Preventive action by secretary--Violation
Status: in_force

No person may violate this chapter or any rule issued pursuant to this chapter, or commit an act which will cause substantial pollution, the harmful effects of which cannot be remedied immediately after the commission or cessation of the act. The secretary may order the person to stop, avoid, or moderate the act so that it is in compliance with this chapter or the substantial injury will not occur. The order is effective immediately upon receipt by the person to whom it is directed, unless the secretary provides otherwise. If the order is not complied with in a timely manner, the secretary may contain and recover pollutants to limit or prevent pollution of any state waters. A violation of an order issued pursuant to this section is subject to § 34A-2-75 .

Source: SL 1973, ch 280, § 15; SDCL Supp, § 46-25-84; SL 1984, ch 244, § 1; SL 1988, ch 285, § 29; SL 1992, ch 158, § 27A.
S.D. Codified Laws § 34-20B-53 — SD Code / Title 34 / Chapter 20B / Section 34-20B-53
Minor's recovery payable to parent or conservator
Status: in_force

All damages recovered by a minor under chapter 34-20C shall be paid to such minor or to the minor's parent or conservator as the court directs.

Source: SL 1977, ch 316; SL 1993, ch 213, § 228; SL 1997, ch 203, § 20.
S.D. Codified Laws § 34-11-15 — SD Code / Title 34 / Chapter 11 / Section 34-11-15
Air ambulance operator--Use of ground ambulance service
Status: in_force

An air ambulance operator may use a ground ambulance to transport a patient between:

(1) An acute care hospital and the airport at which the service maintains its ordinary and usual place of business; and

(2) The airport at which the air ambulance operator maintains its ordinary and usual place of business and an acute care hospital.

Source: SL 2024, ch 127, § 1.
S.D. Codified Laws § 34-20G-81 — SD Code / Title 34 / Chapter 20G / Section 34-20G-81
Notice of probation, fine, suspension, or revocation
Status: in_force

The department shall provide notice of probation, fine, suspension, or revocation by mailing the same in writing to the medical cannabis establishment at the address on the registration certificate.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 132, § 8.
S.D. Codified Laws § 34A-13-20.1 — SD Code / Title 34A / Chapter 13 / Section 34A-13-20.1
Transfer of funds to and from state highway fund
Status: in_force

If the balance of the petroleum release compensation fund falls below two million dollars and has additional accounts payable that exceed projected monthly deposits pursuant to § 34A-13-20 , a transfer shall be made from the state highway fund to the petroleum release compensation fund in an amount that brings the balance of the petroleum release compensation fund to five million dollars.

Any balance in the petroleum release compensation fund in excess of six million dollars, after any monthly deposit made pursuant to § 34A-13-20 , shall be transferred to the state highway fund.

Source: SL 2018, ch 124, § 2.
S.D. Codified Laws § 34-29B-4 — SD Code / Title 34 / Chapter 29B / Section 34-29B-4
Inspection--Permission or warrant required--Credentials
Status: in_force

Any fire official engaged in fire prevention and inspection work may at all reasonable times enter and examine any building, structure, vessel, vehicle, or premises for the purpose of making fire safety inspections. The fire official shall first obtain the consent of the occupant thereof or obtain an inspection warrant pursuant to chapter 34-43 except in those instances where an emergency exists. As used in this section, "emergency" means circumstances which a fire official has reason to believe exist, which may constitute immediate danger to life and property.

Any fire official authorized to enter and inspect buildings, structures, vessels, vehicles, or premises shall be identified by proper credentials issued by a governmental jurisdiction or the state fire marshal.

Source: SL 1991, ch 283, § 4.
S.D. Codified Laws § 34-25-32.8 — SD Code / Title 34 / Chapter 25 / Section 34-25-32.8
Definitions related to stillbirth
Status: in_force

Terms used in §§ 34-25-32.8 to 34-25-32.16 , inclusive, mean:

(1) "Stillbirth," any intrauterine fetal death occurring in this state after a gestational age of not less than twenty completed weeks; and

(2) "Certificate of birth resulting in stillbirth," a certificate issued to record the birth of a stillborn child.

Source: SL 2007, ch 195, § 1.
S.D. Codified Laws § 34-20G-46 — SD Code / Title 34 / Chapter 20G / Section 34-20G-46
Required notifications to department
Status: in_force

(1) A registered qualifying patient shall notify the department of any change in the applicant’s name or address, or if the patient ceases to have a debilitating medical condition, within ten days of the change;

(2) A registered designated caregiver shall notify the department of any change in the caregiver’s name or address, or if the caregiver becomes aware the qualifying patient passed away, within ten days of the change;

(3) Before a registered qualifying patient changes a designated caregiver, the patient shall notify the department;

(4) If a registered qualifying patient changes a preference as to who may cultivate cannabis for the patient, the patient shall notify the department;

(5) If a cardholder loses a registry identification card, the cardholder shall notify the department within ten days of becoming aware the card has been lost; and

(6) Before a registered qualifying patient changes a designated dispensary, the patient shall notify the department.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
S.D. Codified Laws § 34A-13-52 — SD Code / Title 34A / Chapter 13 / Section 34A-13-52
Department responsible for tank removal and corrective actions under program--Director to make payments from fund
Status: in_force

The Department of Agriculture and Natural Resources shall be responsible for the tank removal and corrective actions subject to §§ 34A-13-49 to 34A-13-54 , inclusive. The department may contract directly with consultants, contractors, other service providers, state agencies, subdivisions of government, counties, cities, townships, and tribes to carry out the provisions of §§ 34A-13-49 to 34A-13-54 , inclusive. After receiving itemized documentation of all actual costs from the department, the director of the petroleum release compensation fund shall make payment within thirty days of receipt. All tank removals, pollution assessments, and corrective actions taken under §§ 34A-13-49 to 34A-13-54 , inclusive, shall comply with chapters 34A-2 and 34A-12 and the rules promulgated thereunder.

Source: SL 2000, ch 175, § 4; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-20B-19.1 — SD Code / Title 34 / Chapter 20B / Section 34-20B-19.1
Ephedrine defined
Status: in_force

For the purposes of § 34-20B-19 , the term, ephedrine includes ephedra, herbs and herbal products that contain ephedrine alkaloids, including ma huang, Chinese ephedra, ephedra sinica, ephedra herb powder, epitonin, or any extract of those substances, but the term does not include any drug that contains ephedrine and is lawfully sold, transferred, or furnished over the counter with or without a prescription pursuant to § 34-20B-21 .

Source: SL 2004, ch 231, § 1.
S.D. Codified Laws § 34-20A-102 — SD Code / Title 34 / Chapter 20A / Section 34-20A-102
Promulgation of rules for training, possession, and administration of opioid antagonists
Status: in_force

The Board of Medical and Osteopathic Examiners shall promulgate rules, pursuant to chapter 1-26 , establishing:

(1) The criteria for training a first responder to comply with the provisions of § 34-20A-101 ; and

(2) The requirements for a physician's issuance of a standing order to a first responder authorizing a prescription for the first responder's possession of an opioid antagonist and the protocols and procedures to be followed in administering an opioid antagonist.

Source: SL 2015, ch 179, § 5.
S.D. Codified Laws § 34-46-27 — SD Code / Title 34 / Chapter 46 / Section 34-46-27
Cigar bar license--Revocation or suspension--Notice and public hearing
Status: in_force

Prior to taking action pursuant to § 34-46-26 , the governing body of the county or municipality shall hold a hearing.

The governing body shall:

(1) Provide notice of the hearing to the licensee, at the address given on the license, at least thirty days prior to the date of the hearing; and

(2) Publish notice of the hearing in the official newspaper, at least seven days prior to the hearing.

Source: SL 2026, ch 154, § 6.
S.D. Codified Laws § 34-48A-11 — SD Code / Title 34 / Chapter 48A / Section 34-48A-11
Preparation of comprehensive plan--Coordination with federal plan
Status: in_force

The secretary is directed to prepare a comprehensive plan and program for the emergency management of this state. The plan and program shall be integrated into and coordinated with the emergency management plans of the federal government and of other states to the fullest possible extent, and shall coordinate the preparation of plans and programs for emergency management by the political subdivisions of this state, which shall be integrated into and coordinated with the emergency management plan and program of this state to the fullest possible extent.

Source: SL 1949, ch 236, § 6; SL 1951, ch 285, § 6; SDC Supp 1960, § 41.01C05 (2) (b); SL 1977, ch 271, § 11; SL 2004, ch 17, § 187; SDCL § 33-15-10 .
S.D. Codified Laws § 34A-2A-2 — SD Code / Title 34A / Chapter 2A / Section 34A-2A-2
Use of irrigation system for chemigation--Compliance with standards and requirements--Penalties for violation
Status: in_force

Any person who uses an irrigation system for chemigation who fails to comply with the standards and requirements established pursuant to § 34A-2A-3 is guilty of a Class 2 misdemeanor. In addition, a civil fine of not more than five hundred dollars may be imposed for the violation. Each day of noncompliance is a separate violation. In addition, the Water Management Board may suspend or cancel any water permit or license pursuant to § 46-1-12 .

Source: SL 1988, ch 286, § 2; SL 1992, ch 158, § 35.
S.D. Codified Laws § 34-20A-2.2 — SD Code / Title 34 / Chapter 20A / Section 34-20A-2.2
Next of kin--Order of priority
Status: in_force

For the purposes of this chapter, the term, next of kin, means, in order of priority stated, the person's:

(1) Spouse, if not legally separated;

(2) Adult son or daughter;

(3) Parent; and

(4) Adult brother or sister.

Source: SL 2023, ch 117, § 2.
S.D. Codified Laws § 34-26A-16.1 — SD Code / Title 34 / Chapter 26A / Section 34-26A-16.1
Remains awaiting cremation--Acceptable locations
Status: in_force

Upon accepting for cremation a body that has been embalmed, a crematory shall place the body in a holding facility, until the time of cremation.

Upon accepting for cremation a body that has not been embalmed, a crematory may place the body:

(1) In a refrigerated facility, until the time of cremation; or

(2) In a holding facility for up to eight hours and thereafter in a refrigerated facility, until the time of cremation.

Source: SL 2023, ch 129, § 13.
S.D. Codified Laws § 34-18-21.1 — SD Code / Title 34 / Chapter 18 / Section 34-18-21.1
Confidentiality of information obtained through inspection of records
Status: in_force

Information obtained by the department under the authority of § 34-18-21 is confidential, except for official purposes of the department, and may not be disclosed except in accordance with a judicial order or as otherwise provided by law.

Source: SL 1994, ch 277, § 2.
S.D. Codified Laws § 34-46-18 — SD Code / Title 34 / Chapter 46 / Section 34-46-18
Smoking permitted in certain licensed establishments where alcohol sold
Status: in_force

The provisions of §§ 34-46-13 to 34-46-15 , inclusive, do not apply to any establishment licensed pursuant to subdivision 35-4-2(4), (6), (12), or (16) that was in compliance on January 1, 2009, with, and maintains compliance with, the following requirements:

(1) Generates ten percent or more of its annual gross income from the sale of cigars. For the purposes of this section, a cigar is any individual roll of tobacco that has a wrapper or cover consisting only of tobacco, that measures a number forty ring size or larger, and that is sold without a filter;

(2) Has a humidor on the premises; and

(3) Is enclosed by solid walls or windows, a ceiling, and a solid door and is equipped with a ventilation system by which exhausted air is not recirculated to nonsmoking areas and smoke is not backstreamed into nonsmoking areas.

Any establishment meeting the requirements of this section may permit the smoking of cigars and any premium tobacco product purchased on the premises. However, no establishment may permit the smoking of any other tobacco product on the premises. The establishment shall post a notice of the prohibition.

Any establishment meeting the requirements of this section shall annually report to the Department of Revenue, on a form prescribed by the department, the revenue generated from the sale of cigars as a percentage of annual gross income.

Source: SL 2009, ch 171, § 6, approved eff. Nov. 10, 2010; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 34-28-1 — SD Code / Title 34 / Chapter 28 / Section 34-28-1
Allowing steam boiler or engine to endanger life as misdemeanor
Status: in_force

Every engineer, or other person, having charge of any steam boiler, steam engine, or other apparatus for generating or employing steam, employed in any manufactory, railway, or other mechanical works, who negligently creates or allows to be created such an undue quantity of steam as to burst or break the boiler or engine or apparatus, or cause any other accident whereby human life is endangered, is guilty of a Class 1 misdemeanor.

Source: PenC 1877, § 409; CL 1887, § 6610; RPenC 1903, § 419; RC 1919, § 4127; SDC 1939, § 13.1622; SL 1977, ch 190, § 76.
S.D. Codified Laws § 34-46-16 — SD Code / Title 34 / Chapter 46 / Section 34-46-16
Inapplicability to private residences unless used for day care
Status: in_force

The provisions of §§ 34-46-13 to 34-46-15 , inclusive, do not apply to any private residence unless the private residence is used for day care.

Source: SL 2009, ch 171, § 4, approved eff. Nov. 10, 2010.
S.D. Codified Laws § 34-12F-3 — SD Code / Title 34 / Chapter 12F / Section 34-12F-3
Implementation of directive by emergency medical personnel--Rules--Construction of section
Status: in_force

The Department of Health may promulgate rules, pursuant to chapter 1-26 , for the implementation of EMS cardiopulmonary resuscitation directives by emergency medical personnel. Any such rules shall include protocols for uniform methods for rapid identification of persons, including a unique, immediately recognizable bracelet to be worn for immediate identification of persons who have executed an EMS cardiopulmonary resuscitation directive, controlled distribution of the methods of identifying such persons, and any other pertinent information. Nothing in this section may be construed to restrict any other manner in which a person may make a cardiopulmonary resuscitation directive.

Source: SL 2004, ch 226, § 3; SL 2005, ch 183, § 3; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 33, eff. Apr. 20, 2015.
S.D. Codified Laws § 34-36-2 — SD Code / Title 34 / Chapter 36 / Section 34-36-2
Registration of explosive sales required--Contents of entry--Noncompliance as misdemeanor
Status: in_force

No person shall sell any dynamite or explosive as defined by subdivision 22-1-2(14), except ordinary gunpowder, to any person unknown to the seller unless introduced by some person known to the seller. On every sale the seller shall, before delivery, make entry on a book kept for that purpose stating the date of sale, the name and address of the purchaser, the name and quantity of the article sold, the purpose for which it is required, and the name of the person, if any, who introduced the purchaser. Any person failing to comply with this section is guilty of a Class 1 misdemeanor.

Source: SL 1913, ch 209; RC 1919, § 3978; SDC 1939, § 13.1606; SL 1972, ch 140, § 19; SL 1977, ch 190, § 99; SL 1989, ch 30, § 60.
S.D. Codified Laws § 34-3-2 — SD Code / Title 34 / Chapter 3 / Section 34-3-2
Election on establishment of department by adjacent counties--Establishment in other counties after failure in one county
Status: in_force

One or more adjacent counties may submit to the electors of said counties at a general or special election, the question of establishing a county health department. Upon affirmative majority vote in each county, such department may be jointly created. In the event any one county does not return a majority vote, nothing herein shall prevent the other county or counties from so creating said department.

Source: SL 1953, ch 129, § 1; SDC Supp 1960, § 27.18A01.
S.D. Codified Laws § 34-45-19 — SD Code / Title 34 / Chapter 45 / Section 34-45-19
Board attached to Department of Public Safety--Coordinator
Status: in_force

The board is attached to the Department of Public Safety for administrative purposes. The department shall assist the board and coordinate the development of the coordinated statewide 911 system. The board may employ a 911 coordinator within the department to assist with the coordination of the statewide 911 system.

Source: SL 1998, ch 214, § 2; SL 2008, ch 176, § 18.
S.D. Codified Laws § 34-25-8.1 — SD Code / Title 34 / Chapter 25 / Section 34-25-8.1
Birth in moving conveyance
Status: in_force

If a birth occurs in a moving conveyance, a birth certificate shall designate the county in which the child was first removed from the conveyance.

Source: SL 1972, ch 194, § 6; SL 1995, ch 196, § 2.
S.D. Codified Laws § 34-50-3 — SD Code / Title 34 / Chapter 50 / Section 34-50-3
Exceptions to confidentiality of interview, meeting, conference, or on-site intervention
Status: in_force

The confidentiality provided for in § 34-50-2 does not apply if:

(1) The critical incident stress management services are conducted on-site, in public, because of exigent circumstances inherent in the critical incident itself;

(2) The emergency service provider, or the legal representative of the provider, expressly agrees that the interview, meeting, conference, or on-site intervention may be open to the general public or to certain specified persons.

Source: SL 2015, ch 187, § 3.
S.D. Codified Laws § 34A-9-8 — SD Code / Title 34A / Chapter 9 / Section 34A-9-8
Circulation of draft statement for comment
Status: in_force

The draft statement shall be circulated for comment among other public agencies which have jurisdiction by law or special expertise with respect to any environmental impact involved and shall be made available for comment by relevant federal agencies and interested members of the public.

Source: SL 1974, ch 245, § 3; SDCL Supp, § 11-1A-8.
S.D. Codified Laws § 34A-6-71 — SD Code / Title 34A / Chapter 6 / Section 34A-6-71
Regionalization of recycling and solid waste operations
Status: in_force

Regionalization of recycling and solid waste planning, management, operations, and disposal are encouraged whenever possible. Any two or more responsible units of government may prepare a single solid waste evaluation as provided in § 34A-6-70 for the analysis of the solid waste needs within the combined area of the responsible units of government as provided in the joint powers provisions of chapter 1-24 . The department shall prepare model joint solid waste planning, management, recycling, operations, and disposal agreements and shall provide them to responsible units for the purpose of promoting regional planning and developing the regional recycling and waste management districts provided for under the statewide comprehensive solid waste management plan. Every regional landfill shall make provisions for municipalities and other political subdivisions responsible for solid waste management to exercise the powers provided for under § 34A-6-67 . However, each regional landfill may establish special rates commensurate with additional costs incurred by the landfill for waste containing materials not excluded from the waste stream as provided for under § 34A-6-67 .

Source: SL 1992, ch 254, § 34.
S.D. Codified Laws § 34A-13-32 — SD Code / Title 34A / Chapter 13 / Section 34A-13-32
Continuous appropriation--Administrative budget submitted to Legislature
Status: in_force

Money in the fund is continuously appropriated to the department for the purpose of making reimbursements under and for the other purposes described in this chapter. The department shall annually submit its administrative budget to the Legislature for approval as provided in § 4-8-1 .

Source: SL 1988, ch 290, § 32; SL 1989, ch 310, § 9; SL 1991, ch 294, § 27; SL 2024, ch 146, § 17.
S.D. Codified Laws § 34-29B-25 — SD Code / Title 34 / Chapter 29B / Section 34-29B-25
Standards of municipal regulations--More stringent requirements not prohibited
Status: in_force

Regulations adopted by municipalities under the provisions of chapter 9-33 shall be at least equal to the standards adopted by the State Fire Marshal. Any municipality may by reference adopt such standards from time to time and enforce such regulations as their own. Nothing in this chapter or rules adopted pursuant to this chapter prohibits any political subdivision of the state from making and enforcing more stringent requirements than those set forth in this chapter or rules adopted pursuant to this chapter.

Source: SL 1991, ch 283, § 26; SL 2004, ch 17, § 212.
S.D. Codified Laws § 34-25-52.7 — SD Code / Title 34 / Chapter 25 / Section 34-25-52.7
Free birth certificate upon proof of homelessness
Status: in_force

Notwithstanding § 34-25-52 , the department must provide, at no cost, a certified copy of an individual's South Dakota birth certificate, limited to one, upon application and proof of that person's homelessness. The individual or the individual's spouse, child, parent, guardian, next of kin, or authorized representative may apply for a certified copy of the individual's birth certificate pursuant to this section.

An affidavit developed by the department attesting to the individual's housing status is proof of homelessness for the purposes of this section. The department may not accept an affidavit as proof of homelessness unless signed by the individual experiencing homelessness and a homeless services provider with knowledge of the individual's housing status.

For the purposes of this section, the term "homeless services provider" means any:

(1) Government or nonprofit agency that provides a food bank, homeless shelter, housing assistance program, homeless outreach or advocacy program, or any similar program;

(2) Human services or social services agency, public or private, providing health services, behavioral health services, substance use disorder services, or employment or public assistance services to homeless individuals;

(3) Law enforcement officer designated as a liaison to the homeless population by a local police department or sheriff's department;

(4) Homeless liaison designated by a school district, as described by 42 U.S.C. § 11432 (January 1, 2025);

(5) School counselor, certified by the Department of Education;

(6) School nurse, licensed in accordance with chapter 36-9 ; or

(7) Social worker, licensed in accordance with chapter 36-26 .

Source: SL 2024, ch 143, § 1; SL 2025, ch 140, § 1.
S.D. Codified Laws § 34-12G-15 — SD Code / Title 34 / Chapter 12G / Section 34-12G-15
Agreement to be approved by secretary of health
Status: in_force

No recruitment assistance agreement entered into pursuant to the provisions of §§ 34-12G-10 to 34-12G-17 , inclusive, is effective until it is filed with and approved by the secretary of health. The secretary may prescribe the form of the agreements and procedures for approval by rules promulgated pursuant to chapter 1-26 .

Source: SL 2012, ch 180, § 6.