S.D. Codified Laws § 1-16B-38 — SD Code / Title 1 / Chapter 16B / Section 1-16B-38
Maximum loan to local agency--Vote required for approval
Status: in_force

If the authority determines, after hearing and examination, that the public purposes of this chapter will be accomplished, the authority may grant a loan to an enterprise. Approval of loan applications shall be by a majority vote of all members of the board of directors, eligible to vote thereon, the vote of each eligible member being duly recorded.

Source: SL 1978, ch 9, §§ 7, 32; SL 1986, ch 14, § 10.
S.D. Codified Laws § 1-15-31 — SD Code / Title 1 / Chapter 15 / Section 1-15-31
Participation in Juvenile Justice and Delinquency Prevention Act contingent on funding
Status: in_force

Participation in the Juvenile Justice and Delinquency Prevention Act of 1974 is contingent upon appropriation of federal expenditure authority and general fund match for planning and administration purposes by the Legislature.

Source: SL 1992, ch 372 (Ex. Ord. 92-2), § 26.
S.D. Codified Laws § 1-11-19 — SD Code / Title 1 / Chapter 11 / Section 1-11-19
Participation in 24/7 sobriety program--Testing locations and times
Status: in_force

Each county, through the county sheriff, may participate in the 24/7 sobriety program. If a sheriff is unwilling or unable to participate in the 24/7 sobriety program, the sheriff may designate an entity willing to provide the service. If twice-a-day testing is ordered, the sheriff, or designated entity, shall establish the testing locations and times for each county with at least one location and two daily testing times approximately twelve hours apart.

The Department of Corrections may participate in the 24/7 sobriety program for electronic alcohol monitoring device testing and mobile breath alcohol testing of a parolee.

The Unified Judicial System may participate in the 24/7 sobriety program for electronic alcohol monitoring device testing and mobile breath alcohol testing of a person placed under its supervision.

Source: SL 2007, ch 4, § 3; SL 2008, ch 5, § 1; SL 2017, ch 3, § 1.
S.D. Codified Laws § 1-41-3.2 — SD Code / Title 1 / Chapter 41 / Section 1-41-3.2
Office of agricultural and natural resources policy created--Responsibilities
Status: in_force

There is hereby created within the Department of Agriculture and Natural Resources the office of agricultural and natural resources policy. The office is responsible for researching and developing factual information on issues affecting the State of South Dakota and its agricultural industry and the state's natural resources. The office may develop briefing documents, policy statements, and other informational documents for the secretary of agriculture and natural resources and the Governor on a variety of subjects, including:

(1) Federal legislative or regulatory issues;

(2) United States Department of Agriculture programs and policies;

(3) International trade and trade relations;

(4) Wetlands issues;

(5) Forestry and timber cutting issues;

(6) Endangered species issues;

(7) Railroad issues;

(8) Landowner rights issues;

(9) Animal depredation issues;

(10) Weed and pest control issues;

(11) Wilderness designation and development areas;

(12) Food quality, quantity, and protection issues;

(13) Environmental management issues; and

(14) Any other issue or problem designated by the secretary or the Governor.

Source: SL 2000, ch 9, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 44, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-16A-46 — SD Code / Title 1 / Chapter 16A / Section 1-16A-46
Pooling of leases for pledge of revenues
Status: in_force

In addition to the foregoing, bonds of the authority may be secured by a pooling of leases whereby the authority may assign its rights, as lessor, and pledge rents under two or more leases of the facilities with two or more participating health institutions or participating educational institutions, as lessees respectively, upon such terms as may be provided for in the resolutions of the authority or as may be provided for in a trust indenture authorized by the authority.

Source: SL 1972, ch 10, § 12.
S.D. Codified Laws § 1-16A-66 — SD Code / Title 1 / Chapter 16A / Section 1-16A-66
Health education assistance loan program--Powers of authority
Status: in_force

The authority may, together with all powers incidental thereto or necessary for the performance thereof:

(1) Participate in the financing of HEAL loans;

(2) Purchase or participate in the purchase of HEAL loans;

(3) Sell or participate in the sale of HEAL loans;

(4) Collect and pay reasonable fees and charges in connection with making, purchasing and servicing or causing to be made, purchased or serviced HEAL loans;

(5) Do all things necessary and convenient to carry out the purposes of §§ 1-16A-65 to 1-16A-70 , inclusive, in connection with the administering and servicing of HEAL loans, including contracting with any person, firm or other body public or private in respect thereof;

(6) Enter into agreements necessary to effect the guarantee, administering and servicing of HEAL loans; and

(7) Promulgate rules, establish standards for participation in the program administered by the authority under P.L. 94-484, and establish other administrative procedures consistent with P.L. 94-484.

Source: SL 1982, ch 10, § 5.
S.D. Codified Laws § 1-36A-1.16 — SD Code / Title 1 / Chapter 36A / Section 1-36A-1.16
Department acceptance and control of funds on behalf of state institutions
Status: in_force

The Department of Human Services may, subject to chapter 4-8B , accept and control on behalf of the institutions of this state under its supervision:

(1) Any federal funds, grants - in - aid, subventions, or other financial aids that may be made available to such institutions for grants, program expansion, establishing institutes or instructional centers or any other program made available to them;

(2) Any federal funds which may become available for equipment, personnel or administrative salaries, educational services, buildings, building repairs and additions or any other institutional program, improvement, or expansion;

(3) Any federal funds made available for medical or nursing care under the Social Security Act, as amended, and the secretary of human services may designate all or part of an institution as a provider of nursing care services for this purpose.

The state treasurer shall receive such sums as may be allotted to the Department of Human Services for institutions under its jurisdiction, for any purpose, from the United States government. Such donations and allotments shall be placed in a special fund available to the institution designated.

The state auditor shall draw warrants upon the fund herein provided for upon presentation of vouchers duly approved by the secretary of human services.

Source: SL 1989, ch 21, § 16.
S.D. Codified Laws § 1-19B-27 — SD Code / Title 1 / Chapter 19B / Section 1-19B-27
Notice by owner before demolition or alteration of historic property--Waiting period--Negotiations by commission
Status: in_force

An historic property designated by ordinance as herein provided may be demolished, materially altered, remodeled, relocated, or put to a different use only after one hundred eighty days' written notice of the owner's proposed action has been given to the local historic preservation commission. During this period, the commission may negotiate with the owner and with any other parties in an effort to find a means of preserving the property.

Source: SL 1974, ch 21, § 17.
S.D. Codified Laws § 1-21-9 — SD Code / Title 1 / Chapter 21 / Section 1-21-9
Annual state fair--Exhibits
Status: in_force

The secretary of agriculture and natural resources shall hold one state fair each year on the grounds provided by the state in the city of Huron.

The term, fair, as used in this chapter means a bona fide exhibit of livestock; mineral, agricultural, and horticultural products; machinery; mechanical; and fine arts.

Source: SDC 1939, § 55.4607; SL 1949, ch 226, § 1; SL 1964, ch 164, § 2; SL 2004, ch 18, § 4; SL 2018, ch 13, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-1-7 — SD Code / Title 1 / Chapter 1 / Section 1-1-7
Appraisal and sale of county land to United States for conservation purposes
Status: in_force

If any land in county ownership is desired by the United States for any of the purposes referred to in § 1-1-6 , the commissioners of the county in which said land is situated may determine and appraise its value, and may submit a copy of said appraisal to the proper agency or officer of the United States. If the willingness of the United States to pay such appraised value is expressed by appropriate action of the authorized agency or officer, the said lands may be advertised and offered for sale in the manner provided by law; and if no acceptable and satisfactory bid in excess of said appraised value is received, the county commissioners may and they are authorized to sell said lands to the United States upon payment of the appraised and agreed value thereof.

Source: SDC 1939, § 55.0103.
S.D. Codified Laws § 1-26-30.3 — SD Code / Title 1 / Chapter 26 / Section 1-26-30.3
Conduct of appeals
Status: in_force

Notwithstanding any other provision of law, all appeals authorized by § 1-26-30.1 or 1-26-30.2 shall be taken and conducted pursuant to the provisions of this chapter.

Source: SL 1975, ch 17, § 2.
S.D. Codified Laws § 1-30-5 — SD Code / Title 1 / Chapter 30 / Section 1-30-5
Local resolutions and ordinances for emergency interim succession
Status: in_force

With respect to local offices for which the legislative bodies of municipalities, townships, and counties may enact resolutions or ordinances relative to the manner in which vacancies will be filled or temporary appointments to office made, such legislative bodies are hereby authorized to enact resolutions or ordinances providing for emergency interim successors to offices of the aforementioned governmental units. Such resolutions and ordinances shall not be inconsistent with the provisions of this chapter.

Source: SL 1961, ch 285, § 5; SL 1992, ch 60, § 2.
S.D. Codified Laws § 1-16J-28 — SD Code / Title 1 / Chapter 16J / Section 1-16J-28
Property included in Rapid City real estate transfer
Status: in_force

Any real estate and related personal property and improvements on the property which are generally considered a part of the tracts described in § 1-16J-27 but not specifically included in the legal description set out in § 1-16J-27 may be transferred as provided in §§ 1-16J-27 to 1-16J-29 , inclusive, as though the property and improvements were specifically described in § 1-16J-27 .

Source: SL 2018, ch 11, § 2, eff. Feb. 5, 2018.
S.D. Codified Laws § 1-16H-31.9 — SD Code / Title 1 / Chapter 16H / Section 1-16H-31.9
Distribution of money on deposit with the court--Judgment against authority for deficiency
Status: in_force

Upon application of the parties in interest, the court may order that all of the money deposited in court pursuant to § 1-16H-31.8 , or any part thereof, be paid for or on account of the just compensation to be awarded in the proceeding. If the compensation finally awarded for the subsurface property interest taken, or any part thereof, exceeds the amount of money received by any person so entitled, the court shall enter judgment against the authority for the amount of the deficiency.

Source: SL 2005, ch 12, § 9.
S.D. Codified Laws § 1-6-12 — SD Code / Title 1 / Chapter 6 / Section 1-6-12
State mineral stone and gemstone
Status: in_force

The mineral stone known as the rose quartz is hereby designated as the official state mineral stone of the State of South Dakota, and the Fairburn agate is hereby designated as the official state gemstone of the State of South Dakota.

Source: SL 1966, ch 175.
S.D. Codified Laws § 1-19C-1 — SD Code / Title 1 / Chapter 19C / Section 1-19C-1
Legislative findings regarding offensive geographic place names
Status: in_force

The Legislature finds that all geographic place names containing the term, squaw, are offensive and insulting to all South Dakota's people, history, and heritage. These place names have been replaced by names that reflect South Dakota's people, history, and heritage without resorting to harmful or offensive stereotypes, names, words, or phrases. All state and local government agencies shall make changes to maps and any other reference materials to reflect the changes provided in this chapter. The use of the term, squaw, in whole or in part, is prohibited as a name for any geographic feature within this state.

Source: SL 2001, ch 9, § 1; SL 2009, ch 2, § 2; SL 2014, ch 9, § 1.
S.D. Codified Laws § 1-36-5.1 — SD Code / Title 1 / Chapter 36 / Section 1-36-5.1
Divisions of social welfare, mental health and mental retardation, and human development abolished--Agencies and programs constituting department
Status: in_force

The divisions of social welfare, mental health and mental retardation, and human development within the Department of Social Services pursuant to chapter 1-36 are hereby abolished and the Department of Social Services shall consist of agencies and programs created by law, executive order, and administrative action and placed within the department.

Source: SL 1981, ch 376, § 17.
S.D. Codified Laws § 1-45-38 — SD Code / Title 1 / Chapter 45 / Section 1-45-38
School Finance Accountability Board--Members--Terms--Waivers--Actions--Promulgation of rules--Report
Status: in_force

There is created the School Finance Accountability Board within the Department of Education. The board consists of five members appointed by the Governor. The members shall serve a term of four years.

A school district may request that the School Finance Accountability Board waive any reduction to the district's state aid for general education, imposed under § 13-13-73.5 , or the penalty imposed upon a school district, pursuant to § 13-13-73.9 .

The board may:

(1) Reduce a school district's state aid for general education, as provided in § 13-13-73.5 ;

(2) Impose the penalty, as provided in § 13-13-73.9 , upon a school district for failing to comply with § 13-13-73.6 or 13-13-73.8 ;

(3) Require a review of the school district's accreditation if:

(a) The district's lowest general fund monthly cash balance exceeds the district's allowable general fund cash balance; or

(b) The district has failed to comply with § 13-13-73.6 or 13-13-73.8 ; or

(4) Waive, in whole or in part:

(a) The reduction to a school district's state aid for general education required under § 13-13-73.5 , if the district demonstrates that the lowest monthly general cash fund balance exceeded the allowable general fund cash balance as the result of special circumstances; or

(b) A penalty imposed upon a school district by § 13-13-73.9 , if the district demonstrates that the district's failure to comply with § 13-13-73.6 or 13-13-73.8 was the result of special circumstances.

The board may condition any waiver granted to a school district pursuant to subsection (4)(a) upon the school district's annual lowest general fund monthly cash balance equaling an amount less than the district's allowable general fund cash balance, for at least three years. If the school district's lowest general fund monthly cash balance exceeds the district's allowable general fund cash balance at any point during the three years, the board may rescind the waiver and impose the penalty required under § 13-13-73.5 .

The board may condition any waiver granted to a school district pursuant to subsection (4)(b) upon the school district increasing the district's average teacher compensation in accordance with § 13-13-73.6 and paying each full-time equivalent teacher a salary equal to the state minimum salary, as defined in § 13-13-73.8 , for at least three years. If a school district fails to increase the district's average teacher compensation or fails to pay each full-time equivalent teacher a salary equal to the state minimum salary at any point during the three years, the board may rescind the waiver and impose the penalty required under § 13-13-73.9 .

The School Finance Accountability Board shall promulgate rules, pursuant to chapter 1-26 , to establish the process by which a school district may request a waiver, pursuant to this section, and the factors that the board may consider in granting a waiver request from a school district. The factors must address the impact of employee retirements on the district.

The Department of Education shall annually report to the Governor and the Legislature the information collected pursuant to §§ 13-8-47 and 13-13-73.6 .

Source: SL 2016, ch 83, § 23; SL 2018, ch 19, § 1; SL 2024, ch 53, § 1; SL 2026, ch 15, § 1.
S.D. Codified Laws § 1-16A-16 — SD Code / Title 1 / Chapter 16A / Section 1-16A-16
Delegation of powers and duties
Status: in_force

The authority may delegate by resolution to one or more of its members or to its executive director or associate executive director such powers and duties as it may deem proper.

Source: SL 1972, ch 10, § 5.
S.D. Codified Laws § 1-53-36 — SD Code / Title 1 / Chapter 53 / Section 1-53-36
Earnings on value added agriculture subfund
Status: in_force

Earnings on the value added agriculture subfund may be used by the Governor's Office of Economic Development for the administrative costs of this program. Such earnings shall be expended in accordance with the provisions of Title 4 on warrants drawn by the state auditor on vouchers approved by the commissioner of the Governor's Office of Economic Development. Eligible expenses may not exceed total interest earnings during the previous fiscal year prior to the deduction of loan losses for the same fiscal year.

Source: SL 2013, ch 192, § 2; SDCL § 38-6-15 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 56, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-26-6.3 — SD Code / Title 1 / Chapter 26 / Section 1-26-6.3
Notice that rules do not conform--Redrafting and filing required
Status: in_force

Code counsel may notify any agency whose rules are not in the proper style and form. A copy of this notice must be filed with the secretary of state. One hundred eighty days after an agency receives the notification, the rules of that agency are of no further force and effect unless redrafted in the prescribed style and form and filed with the secretary of state and code counsel.

Source: SL 1972, ch 8, § 9; SL 1989, ch 16, § 9; SL 2009, ch 9, § 5; SL 2025, ch 9, § 13.
S.D. Codified Laws § 1-10-8 — SD Code / Title 1 / Chapter 10 / Section 1-10-8
Procedures for obtaining grants to be publicized
Status: in_force

The association shall award grants as provided in §§ 1-10-5 to 1-10-9 , inclusive, and publicize the availability of and procedures for obtaining such grants.

Source: SL 2007, ch 3, § 4, eff. Mar. 16, 2007.
S.D. Codified Laws § 1-16A-99 — SD Code / Title 1 / Chapter 16A / Section 1-16A-99
Contracts made by school district, state, or authority not to be impaired
Status: in_force

The state pledges to and agrees with the holders of capital outlay certificates issued or any lease purchase agreement as part of a program sponsored by the Health and Educational Facilities Authority or secured by a pledge of state aid to education funds that the state will not limit or alter the pledge of state aid to education funds or the provision of this section governing the pledge or the terms provided in §§ 13-19-27 , 13-19-29 , and 13-13-39 , inclusive, so as to impair the terms of any contract made by the school district, the state, or the authority. The school district, state, or authority may not impair the rights and remedies of the holders until the capital outlay certificates or lease purchase obligation, together with interest on the certificates and obligations and all costs and expenses in connection with any action or proceedings by or on behalf of the holders are fully met or discharged. In addition, the state pledges to and agrees with the holders that the state may not limit or alter the basis on which state aid to education funds pledged under the authority of any provision of §§ 1-16A-76 , 1-16A-97 to 1-16A-99 , inclusive, 13-19-27 , 13-19-29 , 13-13-39 , and 13-13-74 are to be paid to the authority or any financial institution designated by the authority so as to impair the terms of the contract. The school district and authority may include the pledges and agreements of the state in any contract with the holders of capital outlay certificates issued or any lease purchase obligation secured pursuant to §§ 13-19-27 , 13-19-29 , and 13-13-39 , inclusive, or otherwise secured by a pledge of state aid to education funds.

Source: SL 2015, ch 90, § 8.
S.D. Codified Laws § 1-16J-7 — SD Code / Title 1 / Chapter 16J / Section 1-16J-7
1-16J-7. 1-16J-7.Powers of authority
Status: in_force

For the purpose of protecting and promoting the economic impact of Ellsworth Air Force Base and associated industry, and to promote the health and safety of those living or working near the base, the authority may:

(1) Have perpetual succession as a body politic and corporate exercising essential public functions;

(2) Sue and be sued in its own name;

(3) Have an official seal and alter the seal at will;

(4) Maintain an office at any place within the state as the authority may designate;

(5) Make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this chapter;

(6) Borrow money and accept gifts;

(7) Apply for and use gifts, grants, loans of money, or other property from the United States, the state, a unit of local government, or any person, for any purposes of the authority, and to enter into agreements required in connection with those purposes;

(8) Hold, use, and dispose of any gift, grant, loan, agreement, or property for any purposes of the authority in accordance with the terms of the gift, grant, loan, agreement, or property;

(9) Employ fiscal consultants, engineers, attorneys, management service providers, and other consultants and employees as may be required, and contract with agencies of the state to provide staff and support services;

(10) Procure insurance against any loss in connection with its property and other assets, including loans, bonds, and notes in amounts and from insurers as the authority deems advisable;

(11) Hold, control, and acquire by donation or purchase any private or public easements, dedications to public use, platted reservations for private or public purposes, or any reservations for those purposes authorized by this chapter, and make use of such easements, dedications, or reservations for any of the purposes authorized by this chapter;

(12) Lease to or from any person, firm, limited liability company, corporation, association, or body, public or private, any projects of the type that the authority may undertake and facilities or property of any nature for the use of the authority to carry out any of the purposes authorized by this chapter;

(13) Borrow money and issue bonds, certificates, warrants, notes, or other evidence of indebtedness as authorized by this chapter;

(14) Procure insurance, letters of credit, guarantees, or other credit enhancement arrangements from any public or private entity, including any department, agency, or instrumentality of the United States or the state, for payment of all or any portion of any bond issued by the authority, including the power to pay premiums, fees, or other charges on any insurance, letters of credit, guarantees, or credit arrangements;

(15) Receive and accept from any source financial aid or contributions of any grant, property, labor, or other things of value to be held, used, and applied to carry out the purposes of this chapter, subject to the conditions upon which the grant or contribution is made, including a gift or grant from any department, agency, or instrumentality of the United States for any purpose consistent with this chapter;

(16) To the extent permitted under its contract with the holders of bonds of the authority, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any contract, loan, loan note, loan note commitment, contract, lease, or agreement of any kind to which the authority is a party;

(17) Make loans and grants to, and enter into financing agreements with, any governmental agency or any person for the costs incurred in connection with the development, construction, acquisition, improvement, maintenance, operation, or decommissioning of any facility, or for the maintenance of the physical or structural integrity of real or personal property incorporated or which may be incorporated into the facility, in accordance with a written agreement between the authority and the governmental agency or person. A loan or grant made under this section may not exceed the total cost of the facility as determined by the governmental agency or person, and approved by the authority;

(18) Cooperate with, and exchange services, personnel, and information with, any governmental agency or political subdivision;

(19) Enter into agreements for management on behalf of the authority of any of its properties upon such terms and conditions as may be mutually agreeable;

(20) Sell, exchange, lease, donate, and convey any of its properties in furtherance of the purposes for which the authority is organized;

(21) Purchase from a willing seller, construct, develop, maintain, hold, lease, license, operate, dispose of, or decommission real and personal property projects, facilities, or any undertaking necessary for establishing compatible land use around Ellsworth Air Force Base, or generally suitable for protecting or promoting the economic impact on the state of Ellsworth Air Force Base and related industries;

(22) Indemnify any person or governmental agency for reasonable risks as the authority deems advisable if the indemnification is a condition of a grant, gift, or donation to the authority. Any obligation to indemnify may only be paid from insurance or from revenues of the authority, and the obligation does not constitute a debt or obligation of this state;

(23) Acquire by eminent domain, in accordance with chapter 21-35 , any private property that falls within the boundaries of Ellsworth Air Force Base, or property described in the 1994 United States Department of Defense approved Ellsworth Air Force Base Air Installation Compatible Use Zone Study as a clear zone or an accident potential zone one or two, or property located within the noise contours identified by the study, but only as necessary for the authority's purposes to establish a compatible land use as provided for in the study;

(24) Cooperate with, or contract with, other governmental agencies or political subdivisions as may be necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this chapter; and

(25) Construct, purchase, license, lease, or operate a bulk wastewater treatment facility and pipelines necessary to contract for bulk treatment of wastewater generated by Ellsworth Air Force Base, the city of Box Elder, or other authorized sewer utilities generating wastewater in the Box Elder Creek watershed. The authority may not provide wastewater treatment service to any property located within any municipality's subdivision jurisdiction as defined in §§ 11-6-26 and 9-4-14 without first obtaining the municipality's consent.

Source: SL 2009, ch 8, § 7; SL 2019, ch 203, § 49.
S.D. Codified Laws § 1-16B-14 — SD Code / Title 1 / Chapter 16B / Section 1-16B-14
1-16B-14. 1-16B-14.Powers of authority
Status: in_force

The authority may exercise all powers necessary or appropriate to carry out the purposes of this chapter, including the following:

(1) To conduct examinations and to hear testimony and take proof, under oath or affirmation at public or private hearings, on any matter material for the authority's information and necessary to the establishment of development projects hereunder or other determinations related to the exercise of the authority's lawful powers;

(2) To authorize any member or members of the authority to conduct hearings, administer oaths, and take affidavits;

(3) To sue and be sued;

(4) To adopt, use, and alter a corporate seal;

(5) To enter into agreements with any federal agency;

(6) To procure insurance against any loss in connection with the property and other assets, including loans and loan notes in any amounts and from any insurers as the authority considers advisable;

(7) To borrow money and issue bonds as provided by this chapter;

(8) To procure insurance, letters of credit, guarantees, or other credit enhancement arrangements from any public or private entities, including any department, agency, or instrumentality of the United States, for payment of all or any portion of any bonds issued by the authority, including the power to pay premiums, fees, or other charges on the insurance, letters of credit, guarantees, or credit arrangements;

(9) To receive and accept from any source aid or contributions of moneys, property, labor, or other things of value to be held, used and applied to carry out the purposes of this chapter subject to the conditions upon which the grants or contributions are made, including gifts or grants from any department, agency, or instrumentality of the United States for any purpose consistent with the provisions of this chapter;

(10) To enter into agreements with any department, agency, or instrumentality of the United States or this state and with lenders or others and enter into loan agreements, sales contracts and leases or other financing arrangements with a beginning farmer or other contracting parties in connection with the beginning farmer bond program or for the purpose of planning, regulating, and providing for the financing or refinancing of any agricultural and business enterprises or financing or refinancing the working capital needs of businesses;

(11) To enter into contracts or agreements with lenders for the servicing and processing of loans or with any person or entity providing credit enhancement for the bonds of the authority;

(12) To provide technical assistance to local public bodies and to profit and nonprofit entities in the development or operation of agricultural and business enterprises and distribute data and information concerning the encouragement and improvement of agricultural and business enterprises;

(13) To the extent permitted under the authority's contract with the holders of bonds of the authority, to consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any contract, loan, loan note, loan note commitment, contract, lease, or agreement of any kind to which the authority is a party;

(14) To the extent permitted under the authority's contract with the holders of bonds of the authority, to enter into contracts with any lender containing provisions enabling the lender to reduce the rental or carrying charges to persons unable to pay the regular schedule or charges when, by reason of other income or payment by any department, agency, or instrumentality of the United States or of this state, the reduction can be made without jeopardizing the economic stability of the agricultural or business enterprise being financed;

(15) To collect fees and charges, as the authority determines to be reasonable, in connection with the authority's loans, advances, insurance, commitments, servicing, and other activities;

(16) To cooperate with and exchange services, personnel, and information with any federal, state, or local governmental agency;

(17) To sell, at public or private sale, with or without public bidding, any loan or other obligation held by the authority;

(18) To purchase the equity of redemption in any mortgage, deed of trust, debenture, bond, or other security interest;

(19) To mortgage, pledge, assign, or grant security interests in any or all of the authority's notes or other instruments, contract rights or other property, including, without limitation to, any receipts from insurance on or guarantees of any of the authority's notes or other instruments, as security for the payment of the principal of, premium, if any, and interest on any bonds issued by the authority, or as security for any credit enhancement or other agreements made in connection therewith, whether then owned or thereafter acquired, and to pledge the revenues from which the bonds are payable and any other available revenues or assets as security for the payment of the principal of, premium, if any, and interest on the bonds and any agreements made in connection therewith;

(20) To enter into agreements for management on behalf of the authority of any of the authority's properties upon the terms and conditions as may be mutually agreeable;

(21) To sell, exchange, donate, and convey any or all of the authority's properties whenever the authority determines the action is in furtherance of the purposes for which the corporation was organized;

(22) To do any act and execute any instrument which in the authority's judgment is necessary or convenient to the exercise of the powers granted by this chapter or reasonably implied from it;

(23) To assign the loans or security documents or other instruments to bondholders as security without recourse;

(24) To acquire, hold, and dispose of real and personal property for the authority's purposes; and

(25) To foreclose any mortgages, deeds of trust, notes, debentures, bonds, and other security interests held by the authority, either by action or by exercise of a power of sale, and to sell the equity of redemption in the security interests in accordance with the terms of the instruments and applicable state law, and to take all other actions necessary to enforce any obligation held by the authority.

Source: SL 1978, ch 9, § 8 (3), (4), (6) to (10); SL 2009, ch 1, § 7; SL 2020, ch 4, § 5.
S.D. Codified Laws § 1-1-6 — SD Code / Title 1 / Chapter 1 / Section 1-1-6
Consent to federal land acquisitions for conservation purposes--Reserved jurisdiction
Status: in_force

The consent of the State of South Dakota is hereby given to the acquisition by the United States by purchase, gift, or condemnation with adequate compensation, of such lands in South Dakota as in the opinion of the federal government may be needed for the establishment of national forests, the production of timber, the preserving of the navigability of navigable streams, or to prevent soil erosion, provided that the jurisdiction of South Dakota, both civil and criminal, over persons upon such lands shall not be affected or changed by their permanent reservation and administration for the purposes herein referred to, except so far as the punishment of offenses against the United States is concerned, the intent and meaning of this section being that the State of South Dakota shall not by reason of such reservation and administration lose its jurisdiction nor the inhabitants thereof their rights and privileges as citizens, or be absolved for their duties as citizens of the state; and provided, that the State of South Dakota shall retain a concurrent jurisdiction with the United States in and over such lands so far that civil process in all cases and such criminal process as may issue under the authority of the State of South Dakota against any person charged with the commission of any crime within or without said jurisdiction may be executed thereon in like manner as if this statute did not exist.

Source: SDC 1939, § 55.0103.
S.D. Codified Laws § 1-37-4 — SD Code / Title 1 / Chapter 37 / Section 1-37-4
Administrative functions performed for advisory councils
Status: in_force

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

(1) The state workers' compensation advisory council; and

(2) The reemployment assistance advisory council.

Source: SL 1973, ch 2, §§ 91, 92; SL 2008, ch 276, § 3; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011; SL 2019, ch 216, § 23.
S.D. Codified Laws § 1-19B-37 — SD Code / Title 1 / Chapter 19B / Section 1-19B-37
Final recommendations by study committee--Draft ordinance
Status: in_force

An historic district study committee shall submit a final report with its recommendations and a draft of a proposed ordinance to the county or municipal governing body.

Source: SL 1974, ch 21, § 7 (3).
S.D. Codified Laws § 1-44-31 — SD Code / Title 1 / Chapter 44 / Section 1-44-31
Railroads administration fund--Creation--Services--Expenditure
Status: in_force

There is hereby created a special fund in the state treasury known as the railroads administration fund. All rentals, fees, charges, and income received through the management of railroad property, both real and personal, shall be paid into the railroads administration fund. To the extent possible, expenditures for administration and maintenance of railroad property, including, but not limited to, funds sufficient to staff, administer, equip, and maintain the records of state - owned railroad property and facilities and to provide for weed control, fences, security, railroad crossing, and safety warning signs on state railroad property, not otherwise provided for, shall be paid from funds on deposit in the railroads administration fund.

Source: SL 1981, ch 12, § 4.
S.D. Codified Laws § 1-18-14.1 — SD Code / Title 1 / Chapter 18 / Section 1-18-14.1
Trustees--Meetings
Status: in_force

The State Historical Society Board of Trustees shall meet at least four times each year. Special meetings may be held at the call of the president or upon the request of seven members of the board. A decision of the trustees is subject to contested case provisions pursuant to chapter 1-26 . The per diem and expenses of the board shall be paid out of funds appropriated for the South Dakota State Historical Society drawn by the state auditor upon itemized vouchers approved by the director.

Source: SL 1985, ch 400, § 30; SL 2021, ch 7, § 12.
S.D. Codified Laws § 1-26-4.8 — SD Code / Title 1 / Chapter 26 / Section 1-26-4.8
Fee increase in proposed rule--Agency financial resource information
Status: in_force

If an agency proposes a rule to increase a fee, the agency shall provide information to the Interim Rules Review Committee and code counsel, pursuant to § 1-26-4 , about the financial resources available to the agency. This information consists of the agency's beginning fund balance, receipts, disbursements, and ending fund balance for each of the last two fiscal years, as well as the agency's beginning fund balance, projected receipts, projected disbursements, and ending balance for the current fiscal year and the next fiscal year.

Source: SL 2005, ch 18, § 3; SL 2026, ch 9, § 2.
S.D. Codified Laws § 1-20-21.2 — SD Code / Title 1 / Chapter 20 / Section 1-20-21.2
Confidentiality of records pertaining to location of archaeological site--Exceptions
Status: in_force

Any records maintained pursuant to § 1-20-21 pertaining to the location of an archaeological site shall remain confidential to protect the integrity of the archaeological site. The state archaeologist may make the information from the records of an archeological site available to any agency of state government and any political subdivision of the state or to any tribe, which, in the opinion of the state archaeologist, may conduct an activity that affects any such site. The state archaeologist shall also make the information from the records of an archeological site available to the owner of the land that is an archeological site and may make the information available to any qualified researcher or research entity.

Source: SL 2007, ch 6, § 2.
S.D. Codified Laws § 1-19A-13 — SD Code / Title 1 / Chapter 19A / Section 1-19A-13
Assistance to local commissions and private parties
Status: in_force

The South Dakota State Historical Society shall provide technical and financial assistance to local historical commissions and private parties involved in historic preservation activities.

Source: SL 1973, ch 14, § 5 (10); SL 2009, ch 1, § 63; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-1-20 — SD Code / Title 1 / Chapter 1 / Section 1-1-20
Provisional repeal of prior assumption of jurisdiction of Indian lands
Status: in_force

Subject to the provisions of §§ 1-1-21 , §§ 1-1-12 to 1-1-17 , inclusive, are hereby repealed.

Source: SL 1961, ch 464, § 3.
S.D. Codified Laws § 1-25-12 — SD Code / Title 1 / Chapter 25 / Section 1-25-12
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Official meeting," any meeting of a quorum of a public body at which official business or public policy of that public body is discussed or decided by the public body, whether in person or by means of teleconference or electronic means, including electronic mail, instant messaging, social media, text message, or virtual meeting platform, provided the term does not include communications solely to schedule a meeting or confirm attendance availability for a future meeting;

(2) "Political subdivision," any association, authority, board, municipality, commission, committee, council, county, school district, task force, town, township, or other local governmental entity, which is created by statute, ordinance, or resolution, and is vested with the authority to exercise any sovereign power derived from state law;

(3) "Public body," any political subdivision or the state;

(4) "State," each agency, board, commission, or department of the State of South Dakota, not including the Legislature; and

(5) "Teleconference," an exchange of information by any audio, video, or electronic medium, including the internet.

Source: SL 2019, ch 3, § 1; SL 2025, ch 8, § 2.
S.D. Codified Laws § 1-27-44 — SD Code / Title 1 / Chapter 27 / Section 1-27-44
Restriction on internet use of social security numbers by state agencies and political subdivisions
Status: in_force

No state agency or any of its political subdivisions or any official, agent, or employee of any state agency or political subdivision may:

(1) Knowingly release or post any person's social security number on the internet; or

(2) Require any person to transmit the person's social security number over the internet, unless the connection is secure or the social security number is encrypted; or

(3) Require any person to use the person's social security number to access an internet website, unless a password or unique personal identification number or other authentication device is also required to access the internet website.

Source: SL 2008, ch 15, § 1.
S.D. Codified Laws § 1-16J-11 — SD Code / Title 1 / Chapter 16J / Section 1-16J-11
Action to compel payment of principal or interest on bonds or premium
Status: in_force

If the authority fails to pay the principal of, or interest on, any of the revenue bonds or premium, if any, as the principal or interest becomes due, a civil action to compel payment may be instituted in circuit court by the holder or holders of the revenue bonds on which such default of payment exists or by an indenture trustee acting on behalf of such holders. Delivery of a summons and a copy of the complaint to the chair of the authority constitutes sufficient service to give the circuit court jurisdiction of the subject matter of such a suit and jurisdiction over the authority and its officers named as defendants for the purpose of compelling such payment.

Source: SL 2009, ch 8, § 11.
S.D. Codified Laws § 1-53-45 — SD Code / Title 1 / Chapter 53 / Section 1-53-45
Revocation of license
Status: in_force

In addition to any other remedy provided by law, the commissioner may revoke a license for cause pursuant to chapter 1-26 .

Source: SL 2005, ch 218, § 8, eff. Mar. 8, 2005; SDCL § 39-24-8 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 65, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-36-25 — SD Code / Title 1 / Chapter 36 / Section 1-36-25
Promulgation of rules
Status: in_force

The secretary of the Department of Social Services may promulgate rules, pursuant to chapter 1-26 , for the Division of Behavioral Health pertaining to any individual, organization, or corporation which receives directly or indirectly financial assistance from the state if such assistance is under the department's supervision. The rules may govern:

(1) Management and administration, including fiscal control, program planning, implementation, and evaluation;

(2) Physical facilities, except matters covered by local fire and building codes or regulations;

(3) Service administration, including client rights, confidentiality, treatment planning, and statistical reporting;

(4) Service components, including outpatient, emergency, liaison, psychiatric rehabilitation, residential, consultation and education, and case management; and

(5) Staff qualifications.

Source: SL 1992, ch 16; SDCL § 1-36A-1.26 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 14, 72, 163, eff. Apr. 12, 2011; SL 2016, ch 15, § 1.
S.D. Codified Laws § 1-16B-20 — SD Code / Title 1 / Chapter 16B / Section 1-16B-20
Obligations payable only from assets of authority--Statement on face of obligations
Status: in_force

No obligation issued under the provisions of this chapter constitutes a debt or liability or obligation of the state or any political subdivision or a pledge of the faith and credit of the state or any political subdivision but is payable solely from the revenue or assets of the authority. Each obligation issued under this chapter shall contain on its face a statement that the authority is not obligated to pay the principal or interest except from the revenues or assets pledged and that neither the faith and credit nor the taxing power of the state or any political subdivision is pledged to the payment of the principal or interest on the obligation.

Source: SL 1978, ch 9, § 26; SL 2009, ch 1, § 10.
S.D. Codified Laws § 1-41-19.2 — SD Code / Title 1 / Chapter 41 / Section 1-41-19.2
Officers of Board of Minerals and Environment--Quorum--Meetings
Status: in_force

The Board of Minerals and Environment shall annually elect from its members such officers as it deems advisable. A majority of the board members constitutes a quorum. The board shall hold meetings at the call of the chair or a majority of the members, but at least one meeting shall be held every three months.

Source: SL 1973, ch 2, § 100; SL 1974, ch 3, § 37; SDCL Supp, §§ 1-38-5, 1-43-8; SL 2011, ch 165, § 4; SDCL § 1-40-26; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-16H-37 — SD Code / Title 1 / Chapter 16H / Section 1-16H-37
Tax exemption of authority
Status: in_force

The income of the authority and all land, improvements, equipment, fixtures, or other property interests owned by the authority are exempt from all taxation in the State of South Dakota. The authority is exempt from the provisions of chapter 47-31B .

Source: SL 2004, ch 15, § 37, eff. Feb. 11, 2004.
S.D. Codified Laws § 1-19B-25 — SD Code / Title 1 / Chapter 19B / Section 1-19B-25
Notice to director of equalization of designation of historic property--Consideration in appraisal
Status: in_force

Upon the adoption of an ordinance designating an historic property pursuant to § 1-19B-20 or if the property is designated an historic property by the Department of Interior or the national park service, the local historic preservation commission shall give notice of such designation to the director of equalization of the county in which the property is located. The designation and any recorded restrictions upon the property limiting its use for preservation purposes shall be considered by the director of equalization in appraising it for tax purposes.

Source: SL 1974, ch 21, § 16(4); SL 1987, ch 19, § 3; SL 1989, ch 82, § 41.
S.D. Codified Laws § 1-44-28 — SD Code / Title 1 / Chapter 44 / Section 1-44-28
Management of state railroad property--Notice of sale--Option to lessee or abutting owner--Right of use by utility
Status: in_force

The Department of Transportation shall manage all real and personal property acquired by the state for railroad purposes and shall secure all income available from those properties. The secretary of transportation may negotiate, enter into, execute, and issue leases, licenses, easements, or other agreements as may be necessary to provide for the use of any property or facility not used directly in rail operations. Prior to any sale, except a sale for railroad purposes, of state - owned railroad property, the state shall provide the lessee of any railroad property affected by the sale and, if there is no lessee, the owner of any property abutting railroad property with written notice of the proposed sale. The state shall give the lessee or abutting owner sixty days from the notice to purchase the property at not less than its appraised value. No vacation, change, relocation, or sale of state - owned railway property as provided in this chapter diminishes any existing right of use enjoyed by any public utility, municipally - owned utility, or cooperative utility which provides electricity, gas, water, or telephone service.

Source: SL 1981, ch 12, § 1; SL 1986, ch 23; SL 1996, ch 20, § 11.
S.D. Codified Laws § 1-8-15 — SD Code / Title 1 / Chapter 8 / Section 1-8-15
Refusal to file certain business documents
Status: in_force

The Office of the Secretary of State may refuse to file any document for any business entity whether domestic or foreign, for profit or nonprofit, as provided in title 47, title 48, chapter 37-6 , or chapter 37-11 if the document contains any letter combination that carries connotations offensive to good taste and decency, or consists of immoral, deceptive, or scandalous material.

Source: SL 2016, ch 3, § 1.
S.D. Codified Laws § 1-43-1 — SD Code / Title 1 / Chapter 43 / Section 1-43-1
Department continued
Status: in_force

The Department of Health is hereby continued.

Source: SL 1973, ch 2, § 210.
S.D. Codified Laws § 1-44-24 — SD Code / Title 1 / Chapter 44 / Section 1-44-24
Liberal construction of department's authority
Status: in_force

The authority of the Department of Transportation to arrange for and coordinate rail service shall be broadly and liberally construed.

Source: SL 1980, ch 325, § 6; SL 1996, ch 20, § 9.
S.D. Codified Laws § 1-44-21 — SD Code / Title 1 / Chapter 44 / Section 1-44-21
Legislative approval prerequisite to purchase or contract to purchase railroad rolling stock
Status: in_force

Notwithstanding the provisions of this chapter, the railroad authority or the Department of Transportation may not purchase or contract to purchase any railroad rolling stock without the prior specific approval of the Legislature.

Source: SL 1980, ch 325, § 3A; SL 1981, ch 331, § 2; SL 1996, ch 20, § 7.
S.D. Codified Laws § 1-5-13 — SD Code / Title 1 / Chapter 5 / Section 1-5-13
POW/MIA Recognition Day
Status: in_force

The third Friday of September, to be known as POW/MIA Recognition Day, shall be observed in this state as a working holiday. POW/MIA Recognition Day is dedicated to the remembrance and recognition of the sacrifices endured by those members of the Armed Forces of the United States who were held as prisoners of war or remain as missing in action.

Source: SL 2013, ch 1, § 1.
S.D. Codified Laws § 1-19A-23 — SD Code / Title 1 / Chapter 19A / Section 1-19A-23
Ratification of previous moratoriums
Status: in_force

All applications for tax moratoriums on properties properly placed on the State Register of Historic Places which were restored with federal restoration grant - in - aid assistance, or received assistance from the historic preservation loan fund, or have undergone privately funded restoration or rehabilitation, and were filed with and formally certified by the State Historical Society Board of Trustees prior to January 1, 1994, are hereby ratified as of the date of such filing. Nothing in this section shall affect any tax moratorium filed, reviewed, or granted prior to January 1, 1992.

Source: SL 1992, ch 6, § 5; SL 1994, ch 16, § 2.
S.D. Codified Laws § 1-1-5 — SD Code / Title 1 / Chapter 1 / Section 1-1-5
Service of process on federally acquired land
Status: in_force

The consent and jurisdiction mentioned in §§ 1-1-3 and 1-1-4 are given and ceded upon the express condition that all civil and criminal process, issued from the courts of this state, may be served and executed in and upon any tract of land so acquired by the United States, in the same manner and by the same officers as if such purchase or condemnation had not been made, except insofar as such process may affect the real or personal property of the United States.

Source: SDC 1939, § 55.0102.
S.D. Codified Laws § 1-27-1.12 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.12
Chapter inapplicable to Unified Judicial System
Status: in_force

The provisions of this chapter do not apply to records and documents of the Unified Judicial System.

Source: SL 2009, ch 10, § 17.
S.D. Codified Laws § 1-15-28 — SD Code / Title 1 / Chapter 15 / Section 1-15-28
Department of Corrections to supervise participation in Juvenile Justice and Delinquency Prevention Act
Status: in_force

The Department of Corrections shall be responsible, through the Council of Juvenile Services established in § 1-15-29 , for supervising the preparation and administration of the state's plan required by Section 223(a) for participation in the formula grants program of the Act. The Department of Corrections shall be responsible for providing staff and support services to the Council of Juvenile Services and implementing the plan in a manner which will ensure compliance with Sections 223(a)(12), (13), and (14) of the Act. The department shall seek necessary authority and take all necessary action as provided by law to enforce compliance with the Act.

Source: SL 1992, ch 372 (Ex. Ord. 92-2), § 23; SL 2003, ch 9, § 1.
S.D. Codified Laws § 1-19A-13.4 — SD Code / Title 1 / Chapter 19A / Section 1-19A-13.4
Funds to be used for restoration of historic properties
Status: in_force

The interest earned, gifts, contributions, and any appropriation for the purposes of §§ 1-19A-13.1 to 1-19A-13.5 , inclusive, shall be used for the restoration of other historic properties specified in §§ 1-19A-13.1 and 1-19A-13.2 .

Source: SL 1977, ch 19, § 4.
S.D. Codified Laws § 1-33-45 — SD Code / Title 1 / Chapter 33 / Section 1-33-45
Service agency for data processing--Agreements with political subdivisions
Status: in_force

The Bureau of Information and Technology, at the direction and under the control of the Governor, and subject to the provisions of this chapter, shall develop and administer a service agency whose primary purpose shall be to serve statewide needs relating to automatic data processing services and to provide such services for any department, agency, commission, institution, or any other units of state government and for any of the political subdivisions of the state. The commissioner of the Bureau of Information and Technology is hereby authorized to enter into agreements with any political subdivision for such purposes, and any political subdivision is hereby authorized to enter into such agreements for automatic data processing services.

Source: SL 1966, ch 170, § 3; SDCL, § 4-7-22; SDCL, § 1-14-12.2; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-13-9 — SD Code / Title 1 / Chapter 13 / Section 1-13-9
Priority of messages to broadcasting station--Misdemeanor
Status: in_force

Every telegraph and telephone company operating in this state shall give priority to all messages or calls directed to the state radio broadcasting station established by this chapter. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, §§ 55.1611, 55.9907; SL 1980, ch 24, § 3.
S.D. Codified Laws § 1-16G-81 — SD Code / Title 1 / Chapter 16G / Section 1-16G-81
Repayment upon relocation outside of state--Repayment waiver
Status: in_force

If a person receives a new frontiers payment under § 1-16G-80 for a program, but subsequently locates the manufacture or processing of the product resulting from the program outside of South Dakota, the person shall repay all new frontiers payments to the State of South Dakota. Upon application by the person, the board may in its discretion waive all or part of the repayment obligation.

The application for repayment waiver shall be on a form prescribed by the commissioner and shall be signed by the person requesting the waiver.

Source: SL 2016, ch 5, § 9.
S.D. Codified Laws § 1-12-3 — SD Code / Title 1 / Chapter 12 / Section 1-12-3
Expenses of constabulary in active service
Status: in_force

Such persons while in active service under the provisions of this chapter, shall receive no additional compensation, but shall be paid their actual and necessary expenses with funds made available for such purpose, to be paid by warrant of the state auditor, upon verified vouchers approved by the attorney general.

Source: SL 1943, ch 273, § 3; SDC Supp 1960, § 55.16A03.
S.D. Codified Laws § 1-36A-1.20 — SD Code / Title 1 / Chapter 36A / Section 1-36A-1.20
Authority to use institutional personnel or inmates for certain projects
Status: in_force

The Department of Human Services and the Department of Social Services may expend any moneys appropriated by the Legislature for maintenance, repair, remodeling, modernization, and replacement projects by using institutional personnel or inmates if the secretaries determine that such use is practicable.

Source: SL 1989, ch 21, § 20; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 104, eff. Apr. 12, 2011; SL 2012, ch 13, § 8.
S.D. Codified Laws § 1-18C-2 — SD Code / Title 1 / Chapter 18C / Section 1-18C-2
The state archives established
Status: in_force

There is established in the South Dakota State Historical Society the state archives. The state archives constitutes one program within the South Dakota State Historical Society in the Department of Education.

Source: SL 1975, ch 24, §§ 2, 3; SL 1987, ch 393 (Ex. Ord. 87-4), § 17; SL 2003 ch 272 (Ex. Ord. 03-1), § 80; SL 2009, ch 1, § 42; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 69, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1 ), §§ 19, 21, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-26-37 — SD Code / Title 1 / Chapter 26 / Section 1-26-37
Appeal to Supreme Court
Status: in_force

An aggrieved party or the agency may obtain a review of any final judgment of the circuit court under this chapter by appeal to the Supreme Court. The appeal shall be taken as in other civil cases. The Supreme Court shall give the same deference to the findings of fact, conclusions of law, and final judgment of the circuit court as it does to other appeals from the circuit court. Such appeal may not be considered de novo.

Source: SL 1966, ch 159, § 16; SL 1972, ch 8, § 30; SL 1983, ch 6, § 1.
S.D. Codified Laws § 1-6-4.1 — SD Code / Title 1 / Chapter 6 / Section 1-6-4.1
Official pledge to state flag--Not recited before pledge to United States flag
Status: in_force

The official pledge to the state flag is:

"I pledge loyalty and support to the flag and State of South Dakota, land of sunshine, land of infinite variety."

However, the pledge to the flag and to the state may not preempt, replace nor be recited before the pledge of allegiance to the flag of the United States.

Source: SL 1987, ch 4, §§ 1, 2.
S.D. Codified Laws § 1-51-12 — SD Code / Title 1 / Chapter 51 / Section 1-51-12
Criminal background checks for certain applicants and employees
Status: in_force

Each employee of the Department of Public Safety who performs state inspection services or any person who applies to the department seeking employment performing state inspection services shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The secretary of public safety shall submit completed fingerprint cards to the Division of Criminal Investigation for the applicant or employee. Upon completion of the state and federal criminal background investigation, the Division of Criminal Investigation shall forward to the secretary all information obtained as a result of the investigation.

The applicant or employee is responsible for any fee charged for the cost of fingerprinting or the criminal background investigation. The department may pay any fee charged for the cost of fingerprinting or the criminal background investigation for any person whose employment is subject to the requirements of this section.

Source: SL 2019, ch 12, § 1.
S.D. Codified Laws § 1-16A-85 — SD Code / Title 1 / Chapter 16A / Section 1-16A-85
Pool arrangement defined
Status: in_force

For the purposes of §§ 1-16A-85 to 1-16A-88 , inclusive, a pool arrangement is any joint power agreement, pool, consortium, or other arrangement or collection of public agencies, whether or not formed under or pursuant to chapter 1-24 and whether or not a separate legal entity, by which one or more public agencies have provided for the payment of claims, liabilities, or other expenses or otherwise provided for or obtain coverage for property, personal injury, and workers' compensation claims or group life, health, or accident coverage.

Source: SL 1991, ch 11, § 8.
S.D. Codified Laws § 1-16H-27 — SD Code / Title 1 / Chapter 16H / Section 1-16H-27
Governmental bodies, financial institutions, and others authorized to invest in bonds or notes issued by authority
Status: in_force

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

Source: SL 2004, ch 15, § 27.
S.D. Codified Laws § 1-27-19 — SD Code / Title 1 / Chapter 27 / Section 1-27-19
Annual meeting to authorize destruction of political subdivision records--Record of disposition
Status: in_force

The State Record Destruction Board shall meet at least once each year and consider requests of all political subdivisions for the destruction of records and to authorize their destruction as in the case of state records. However, in the case of any records recommended to be destroyed, the board shall require a record to be kept of the disposition of the documents.

Source: SDC Supp 1960, § 55.2012 as added by SL 1967, ch. 254; SL 1981, ch. 45, § 24
S.D. Codified Laws § 1-9-4 — SD Code / Title 1 / Chapter 9 / Section 1-9-4
Employment of individual--Access to all agency accounts--Authority to investigate--Duty to report
Status: in_force

The state auditor shall employ a qualified individual with experience in accounting and auditing to monitor the state accounting system. The state auditor is entitled to access all digital and onsite accounts, books, records, reports, and vouchers, of every agency, pertaining to financial receipt and expenditure transactions of the state, in accordance with § 4-4-3 and chapter 4-9 , as necessary for purposes of investigating transactions and identifying improper governmental conduct, and ensuring that effective internal financial controls are in place and maintained.

The state auditor shall report any improper government conduct, crime, fraud, misappropriation, or misfeasance to the auditor general and the attorney general.

For purposes of this section, access does not include the ability to alter any digital or onsite account, book, record, report, or voucher.

For purposes of this section, "agency" means each association, authority, board, including the Board of Regents and the South Dakota Board of Technical Education, 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. "Agency" does not include a political subdivision as defined in § 1-25-12 .

Source: SL 2025, ch 6, § 1.
S.D. Codified Laws § 1-18-10 — SD Code / Title 1 / Chapter 18 / Section 1-18-10
Society--Meetings
Status: in_force

Meetings of the membership of the historical society may be held from time to time as required upon the call of the president and director or upon the written request of seven members of the State Historical Society Board of Trustees to the director.

Source: SDC 1939, § 29.0108; SL 1974, ch 10, § 5; SL 2021, ch 7, § 8.
S.D. Codified Laws § 1-6-3.1 — SD Code / Title 1 / Chapter 6 / Section 1-6-3.1
Use of state seal--Authorization--Violation as misdemeanor
Status: in_force

A person may not reproduce, duplicate, or otherwise use the official seal of the State of South Dakota, or its facsimile, adopted and described in §§ 1-6-1 and 1-6-2 for any for-profit, commercial purpose without specific authorization from the secretary of state. However, the facsimile of the state seal may be used as an emblem for emblem specialty license plates under chapter 32-5 . A violation of this section is a Class 1 misdemeanor.

Source: SL 1986, ch 8, § 1; SL 1987, ch 3, § 1; SL 1988, ch 5, § 1; SL 2011, ch 3, § 1; SL 2020, ch 131, § 4.
S.D. Codified Laws § 1-54-5 — SD Code / Title 1 / Chapter 54 / Section 1-54-5
Consultation with tribal government--Certain state programs--Guiding principles--No substantive right
Status: in_force

It is the policy of the state to consult with a tribal government regarding the conduct of state government programs that have the potential of affecting tribal members on a reservation. In developing or administering any program that has the potential of affecting tribal members on a reservation, the state recognizes the following guiding principles:

(1) Commitment to cooperation and collaboration between the agency and each Indian tribe;

(2) Understanding of and respect for the Indian tribes as sovereign nations and the government-to-government relationship between the state and each tribe;

(3) Regular and early communication with tribal officials;

(4) Accountability when addressing issues raised by tribal officials regarding the program; and

(5) Preservation of the tribal-state relationship.

This section may not be construed to confer any substantive rights on any party in any litigation or otherwise.

Source: SL 1990, ch 5; SDCL § 1-4-26; SL 2011, ch 1 (Ex. Ord. 11-1), § 83, eff. Apr. 12, 2011; SL 2026, ch 17, § 1.
S.D. Codified Laws § 1-18-13.3 — SD Code / Title 1 / Chapter 18 / Section 1-18-13.3
Trustees--Election--Qualifications--Initial terms
Status: in_force

The South Dakota State Historical Society shall elect six members from its membership to the State Historical Society Board of Trustees by using the voting process that the board shall determine. One must be an archivist, one must be an architectural historian, and one must be an archaeologist. All trustees must be qualified to meet the requirements for receipt of federal funds. The initial members elected from the membership of the South Dakota State Historical Society will be elected by the executive committee of the South Dakota State Historical Society. Two of these members shall be selected for a one - year term, two for a two - year term, and two for a three - year term.

Source: SL 1985, ch 400, § 28; SL 2021, ch 7, § 10.
S.D. Codified Laws § 1-27-27 — SD Code / Title 1 / Chapter 27 / Section 1-27-27
Requesting information or data from a state agency
Status: in_force

Before requesting or requiring that any local government provide information or data to a state agency, the state agency shall first determine whether the information or data is available from the Department of Legislative Audit. If the information or data is available from the Department of Legislative Audit, the state agency may not require the local government to provide the information or data.

Source: SL 1995, ch 10
S.D. Codified Laws § 1-16B-33 — SD Code / Title 1 / Chapter 16B / Section 1-16B-33
Annual budget estimate for restoration of capital reserve fund--Governor's budget--Application of appropriated funds
Status: in_force

The chair of the board of directors shall annually submit to the Bureau of Finance and Management a budget estimate in accordance with § 4-7-7 stating the sum, if any, needed to restore the capital reserve fund to the level of the capital reserve requirement. If the chair certifies a need to restore the capital reserve fund, the Governor shall submit a budget in accordance with § 4-7-9 including the sum, if any, needed to restore the capital reserve fund to the level of the capital reserve requirement. All sums appropriated by the Legislature for the restoration shall be deposited in the capital reserve fund.

Source: SL 1978, ch 9, § 17; SL 2009, ch 1, § 12.
S.D. Codified Laws § 1-16A-52.3 — SD Code / Title 1 / Chapter 16A / Section 1-16A-52.3
Bonds not to exceed cost of facility--Expenses included--Terms and sale of bonds
Status: in_force

Any bonds issued pursuant to § 1-16A-52.1 shall not exceed in principal amount the cost of such educational or health facility as determined by the participating educational or health institution and approved by the authority. However such costs may include, without limitation, all costs and expenses necessary or incidental to the acquisition of or commitment to acquire any federally guaranteed security and to the issuance and obtaining of any insurance or guarantee of any obligation issued or incurred in connection with any federally guaranteed security. In other respects any such bonds shall be subject to the provisions of §§ 1-16A-39 to 1-16A-41 , inclusive, and the trust agreement or indenture creating such bonds may contain such of the provisions set forth in § 1-16A-45 as the authority may deem appropriate.

Source: SL 1979, ch 7, § 4.
S.D. Codified Laws § 1-16G-53 — SD Code / Title 1 / Chapter 16G / Section 1-16G-53
Matching basis of awards from economic development partnership fund
Status: in_force

Any funds awarded under the economic development partnership fund shall be provided on a matching basis. The funds awarded to a recipient for staffing may be distributed over a four year period with forty percent being distributed in the first year, thirty percent in the second year, twenty percent in the third year, and ten percent in the fourth year. Over the four year period, the recipient shall match the total funds received from the economic development partnership fund.

Source: SL 2013, ch 7, § 7, eff. Mar. 20, 2013.
S.D. Codified Laws § 1-16J-21 — SD Code / Title 1 / Chapter 16J / Section 1-16J-21
Designation of depositories
Status: in_force

The authority shall designate a qualified public depository as defined in § 4-6A-1 as a depository of its money. Those depositories shall be designated only within the state and upon condition that bonds approved as to form and surety by the authority and at least equal in amount to the maximum sum expected to be on deposit at any one time shall be first given by the depositories to the authority, those bonds to be conditioned for the safekeeping and prompt repayment of the deposits. If any of the funds of the authority are deposited by the treasurer in any such depository, the treasurer and the sureties on the treasurer's official bond are, to that extent, exempt from liability for the loss of any of the deposited funds by reason of the failure, bankruptcy, or any other act or default of the depository. However, the authority may accept assignments of collateral by any depository of its funds to secure the deposits to the same extent and conditioned in the same manner as assignments of collateral are permitted by law to secure deposits of the funds consistent with the provisions of chapter 4-6A .

Source: SL 2009, ch 8, § 21.
S.D. Codified Laws § 1-15-29 — SD Code / Title 1 / Chapter 15 / Section 1-15-29
Council of Juvenile Services--Appointment--Terms
Status: in_force

There is hereby established a twenty-member Council of Juvenile Services to be appointed by the Governor and shall be comprised of individuals who have training, experience, or special knowledge of juvenile delinquency prevention or treatment or of the administration of juvenile justice. The membership of the Council of Juvenile Services shall comply with Section 223(a)(3) of the Juvenile Justice and Delinquency Act. The initial members to be appointed shall draw lots to determine who will hold the eight three-year terms, the six two-year terms, and the six one-year terms. Thereafter, each member shall serve a term of three years. Members may be reappointed and may continue to serve an expired term until replaced by the Governor. A chairperson, who may not be a full-time federal, state, or local employee, for the Council of Juvenile Services shall be chosen annually by a majority vote of its members at the first meeting each fiscal year.

The terms of members begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment.

Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.

Source: SL 1992, ch 372 (Ex. Ord. 92-2), § 24; SL 2003, ch 9, § 2; SL 2012, ch 16, § 27; SL 2013, ch 176, § 20.
S.D. Codified Laws § 1-16A-93 — SD Code / Title 1 / Chapter 16A / Section 1-16A-93
Proposed issuance of obligations--Determination of board
Status: in_force

Any bonds, notes or other obligations of the authority that are payable out of receipts, rentals, and other payments made pursuant to lease purchase agreements with the Western Dakota Technical College, the Southeast Technical College, the Lake Area Technical College, the Mitchell Technical College, or the South Dakota Board of Technical Education under the authority of chapter 13-39A may only be issued if the Board of Technical Education determines, by the adoption of a resolution, that the estimated receipts, rentals, and other payments, including appropriations by the Legislature, student fee payments, or other balances or revenues pledged under the applicable bond indenture or similar agreement will not be less than one hundred three percent of the projected scheduled payments of principal and interest on all outstanding bonds which, for purposes of that determination shall include the proposed bonds to be issued and shall exclude any bonds to be refunded. Proposed issuance of obligations must comply with §§ 4-7-46 and 4-7-47 . In issuing additional bonds, the authority may conclusively rely upon the determination of the board.

Source: SL 2013, ch 6, § 1; SL 2015, ch 6, § 1; SL 2017, ch 81, § 48; SL 2020, ch 61, § 29.
S.D. Codified Laws § 1-11-14 — SD Code / Title 1 / Chapter 11 / Section 1-11-14
Action for recovery on behalf of state--Consolidation of related cause of governmental entity
Status: in_force

If the Governor directs the attorney general to commence legal action seeking any recovery on behalf of the state, the governing body of any governmental entity exercising any part of the state's sovereign power, upon request of the attorney general, within thirty days of the request, may, in the discretion of the governing body, assign any cause of action related to the state's action to the state for consolidation with the state's action. In addition the subdivision or other governmental entity shall cooperate by providing any evidence or testimony the attorney general may require to maintain the action.

Source: SL 1988, ch 10, § 1.
S.D. Codified Laws § 1-19B-45 — SD Code / Title 1 / Chapter 19B / Section 1-19B-45
Certificate of appropriateness required for change in use within historic district--Prerequisite to zoning change
Status: in_force

No change in the use of any structure or property within a designated historic district is permitted until after an application for a certificate of appropriateness has been submitted to and approved by the Historic District Commission. The county or municipality shall require such a certificate to be issued by the commission prior to the approval of any change of zoning classification within the historic district.

Source: SL 1974, ch 21, § 10; SL 2009, ch 1, § 91.
S.D. Codified Laws § 1-26A-1 — SD Code / Title 1 / Chapter 26A / Section 1-26A-1
Administrative Rules of South Dakota--Publication--Editorial authority--South Dakota Register--Supervision
Status: in_force

The Legislative Research Council shall publish on its website, from time to time, the Administrative Rules of South Dakota, containing permanent rules of general application promulgated pursuant to chapter 1-26 . In preparing the text of the rules for publication, code counsel shall make changes necessary to correct apparent errors, to correlate and integrate all the rules, to harmonize, to assign a new title and other designation, and to eliminate or clarify obviously obsolete or ambiguous rules and rules declared invalid by the South Dakota Supreme Court or the United States Supreme Court. Code counsel may substitute terms or phraseology, and names of boards, commissions, and agencies, wherever the Legislature has expressly or by implication indicated an intention to do so. The publication may also contain information concerning executive orders, agreements made pursuant to chapter 1-24 , agreements and changes made pursuant to chapter 1-32 , and court rules, of permanent and general application that are not otherwise generally available to the public. The Legislative Research Council shall also publish at periodic intervals, the South Dakota Register, containing notices of hearings on proposed rules at least ten days prior to hearing, notices of rules filed in the secretary of state's office, and other information relating to agency and judicial rules and executive actions.

Code counsel shall prepare the manuscripts for the rules and the register and supervise their publication.

Source: SDC 1939, § 65.0106; SL 1966, ch 159, § 5 (1); SDCL § 1-26-9; SL 1972, ch 8, § 14; SL 1974, ch 16, § 8; SL 1975, ch 16, § 22; SL 1984, ch 9, § 2; SL 1989, ch 16, §§ 13, 15; SL 2012, ch 8, § 1; SL 2025, ch 9, § 23.
S.D. Codified Laws § 1-16A-9 — SD Code / Title 1 / Chapter 16A / Section 1-16A-9
Quorum of authority--Vote required for action
Status: in_force

Four members of the authority shall constitute a quorum for the purpose of conducting business and exercising its powers. Action may be taken by the authority upon the affirmative vote of at least four of its members.

Source: SL 1972, ch 10, § 4.
S.D. Codified Laws § 1-46-3 — SD Code / Title 1 / Chapter 46 / Section 1-46-3
Adjutant general functions
Status: in_force

The Office of the Adjutant General created by this chapter and its functions in the former Department of Military and Veterans Affairs are transferred to the Department of the Military created by Executive Reorganization Order 2011-01. The adjutant general shall perform the functions of the former secretary of Department of Military and Veterans Affairs, relating to the Office of Adjutant General.

Source: SL 1973, ch 2, § 270; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 25, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-43-33 — SD Code / Title 1 / Chapter 43 / Section 1-43-33
Promulgation of rules for comprehensive health data system
Status: in_force

The Department of Health shall promulgate rules, pursuant to chapter 1-26 , to specify criteria, procedures, and forms for submitting health related data and to establish standards for information collection.

Source: SL 1994, ch 24, § 7.
S.D. Codified Laws § 1-36-1 — SD Code / Title 1 / Chapter 36 / Section 1-36-1
Department continued
Status: in_force

The Department of Social Services is hereby continued.

Source: SL 1973, ch 2, § 66.
S.D. Codified Laws § 1-33-51 — SD Code / Title 1 / Chapter 33 / Section 1-33-51
Service agency financed by internal service fund--Fee schedule
Status: in_force

The operations of the service agency shall be financed by means of appropriations, gifts, grants, or reimbursements for services rendered which shall be receipted into the data processing internal service fund authorized and established in the state treasury by § 1-33-50 . The fee schedule for such services shall be designed, to the extent practicable, to recover all costs incurred in the operation of the service agency.

Source: SL 1966, ch 170, § 3; SDCL, § 4-7-24; SDCL, § 1-14-12.5 .
S.D. Codified Laws § 1-18-27 — SD Code / Title 1 / Chapter 18 / Section 1-18-27
Employment of personnel
Status: in_force

The historical society may employ such personnel as it deems necessary. Such employees shall be appointed and removed in accordance with the laws of this state governing the employment of personnel.

Source: SDC 1939, § 29.0120 as added by SL 1945, ch 125, § 3; SL 1974, ch 10, § 12; SL 2009, ch 1, § 33.
S.D. Codified Laws § 1-16A-75 — SD Code / Title 1 / Chapter 16A / Section 1-16A-75
Funding program for purchase of notes--Issuance of bonds or notes
Status: in_force

The authority shall establish a statewide funding program for the purchase from schools or cooperative educational service units of notes, whether issued under chapter 13-19 or otherwise, in anticipation of the receipt of moneys for school or cooperative educational service units purposes to alleviate cash flow difficulties and to otherwise improve the financial well - being of the schools or cooperative educational service units. The authority may issue its bonds or notes and use the proceeds therefrom for the purpose of making loans to or purchasing the notes of any school district or cooperative educational service units for the use of the various funds of the school district or cooperative educational service units for any lawful school district or cooperative educational service units purpose excluding debt service. Bonds or notes issued pursuant to §§ 1-16A-19 , 1-16A-74 to 1-16A-76 , inclusive, and 13-19-1.2 may be secured by a pledge of payments made to the authority by the school district or cooperative educational service units, to be derived from the receipt of anticipated funds, grants, aid or other moneys as may be evidenced by, or pledged to secure, the notes of the school district or cooperative educational service units, including a pooling of payments of notes from two or more participating school districts or cooperative educational service units.

Source: SL 1986, ch 13, § 2; SL 1991, ch 124, § 4.
S.D. Codified Laws § 1-56-11 — SD Code / Title 1 / Chapter 56 / Section 1-56-11
State employees reporting requirement--Suspicion of improper governmental conduct or crime
Status: in_force

A state employee who has reasonable cause to suspect that improper governmental conduct or a crime, as defined in § 3-6C-27 , has occurred shall report the matter pursuant to the requirements set forth in chapter 3-6C .

Source: SL 2016, ch 16, § 11, eff. Mar. 16, 2016; SL 2025, ch 25, § 1.
S.D. Codified Laws § 1-18-31.2 — SD Code / Title 1 / Chapter 18 / Section 1-18-31.2
Fees for admission to museums and for use of documents
Status: in_force

The State Historical Society Board of Trustees may, pursuant to chapter 1-26 , promulgate rules to develop a fee structure for admission to special exhibitions or museums, and for the use of publications, papers, documents, advertisements, or legal notices in the custody of the State of South Dakota and the South Dakota State Historical Society. The fee structure for the use of publications, papers, documents, advertisements, or legal notices shall be determined by the costs of maintaining, reproducing or researching the publications, documents, advertisements, legal notices, and other historical items in the custody and care of the State of South Dakota and the South Dakota State Historical Society.

Source: SL 1985, ch 400, § 32; SL 1994, ch 15; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-15-1.8 — SD Code / Title 1 / Chapter 15 / Section 1-15-1.8
Rules, regulations, and standards in full force and effect--Exceptions
Status: in_force

Unless inconsistent with other provisions of this chapter, all rules, regulations, and standards of the agencies in § 1-15-1.4 that are in effect on July 1, 1989, shall continue with full force and effect until they are specifically altered, amended, or revoked in the manner provided by law, unless the statutory authority for such rules is superseded by this chapter.

Source: SL 1989, ch 20, § 7.
S.D. Codified Laws § 1-16G-1 — SD Code / Title 1 / Chapter 16G / Section 1-16G-1
Board of Economic Development created--Appointment--Terms
Status: in_force

There is created a Board of Economic Development and the Governor may appoint up to thirteen members to consult with and advise the Governor and the commissioner of the Governor's Office of Economic Development in carrying out the functions of the office. The members shall be confirmed by the senate. The members of the board shall be appointed by the Governor for four-year terms of office so arranged that no more than four members' terms expire in any given year. Not all members may be from the same political party. The Governor shall designate the terms at the time of appointment. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve only the unexpired portion of the term.

Source: SL 1987, ch 390 (Ex. Ord. 87-1), § 37; SL 1988, ch 439 (Ex. Ord. 88-1), § 20; SDCL § 1-42-15.1 ; SL 2005, ch 10, § 2; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 85, eff. Apr. 12, 2011; SL 2013, ch 7, § 22, eff. Mar. 20, 2013.
S.D. Codified Laws § 1-1-2.1 — SD Code / Title 1 / Chapter 1 / Section 1-1-2.1
Concurrent federal and state jurisdiction over crimes on national park, memorial, and monument lands
Status: in_force

Concurrent jurisdiction over crimes and offenses under the laws of the State of South Dakota is hereby ceded to the United States over and within all the territory dedicated to national park, national memorial, and national monument purposes included in the tracts of land in South Dakota designated as:

(1) Mount Rushmore National Memorial;

(2) Badlands National Park;

(3) Wind Cave National Park;

(4) Jewel Cave National Monument.

Source: SL 1980, ch 8, § 1.
S.D. Codified Laws § 1-45-23 — SD Code / Title 1 / Chapter 45 / Section 1-45-23
Performance of museum functions
Status: in_force

The South Dakota State Historical Society shall perform all the functions of the following museums:

(1) The museum at the University of South Dakota known as the W.H. Over State Museum; and

(2) The museum at Pierre known as the South Dakota State History Museum.

Source: SL 1973, ch 2, § 255; SL 1975, ch 144, § 2; SL 1985, ch 8, § 4; SL 1985, ch 400, § 19; SL 1990, ch 446 (Ex. Ord. 90-1); SL 1995, ch 319 (Ex. Ord. 95-3), § 17; SL 2015, ch 8, § 5; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 40.
S.D. Codified Laws § 1-15-1.13 — SD Code / Title 1 / Chapter 15 / Section 1-15-1.13
Corrections Commission--Members--Terms--Purpose
Status: in_force

There is established a Corrections Commission. The commission shall be assigned to the Department of Corrections.

The commission shall consist of nine members:

(1) Three members appointed by the Governor. The Governor shall appoint: one member from a list of three nominees provided by the Industry and Commerce Association of South Dakota; one member from a list of three nominees provided by the South Dakota Retailers Association; and one member representing labor;

(2) Two senators, one from each political party, appointed by the respective political party caucus leader;

(3) Two representatives, one from each political party, appointed by the respective political party caucus leader; and

(4) Two members appointed by the Chief Justice of the Supreme Court.

Members shall serve at the pleasure of the appointing authority and may be removed by the appointing authority at any time.

The commission shall meet at least two times each year at the call of the secretary of the Department of Corrections or the chair of the commission. The commission shall assist the Department of Corrections in examining criminal justice issues and developing initiatives to address problems in corrections and the criminal justice system. In addition, no funds, other than those for normal operating costs and replacement of existing necessary equipment, may be expended from the prison industries revolving fund for the purposes of enhancement, development, or expansion of prison industries without approval of the commission.

Source: SL 1991, ch 6 (Ex. Ord. 91-5), §§ 2-5 ; SL 1993, (SS), ch. 3, § 8; SL 1996, ch 160, § 2.
S.D. Codified Laws § 1-30-6 — SD Code / Title 1 / Chapter 30 / Section 1-30-6
Designation by local officers of emergency interim successors
Status: in_force

The provisions of this section and § 1-30-7 shall be applicable to officers of political subdivisions (including, but not limited to, municipalities, townships, counties, and school districts) not included in § 1-30-5 . Such officers, subject to such regulations as the executive head of the political subdivision may issue, shall designate by title (if feasible) or by named person, emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this chapter to ensure their current status. The officer will designate a sufficient number of persons so that there will be not less than three, nor more than seven, deputies or emergency interim successors or any combination thereof at any time.

Source: SL 1961, ch 285, § 6; SL 1992, ch 60, § 2.
S.D. Codified Laws § 1-1-27 — SD Code / Title 1 / Chapter 1 / Section 1-1-27
Legislature to authorize state or state agency transfer of title of real property to the federal government
Status: in_force

Neither the State of South Dakota nor any of its state agencies may transfer title to any real property in this state to the federal government or any federal agency unless the Legislature has granted its explicit authorization by prior legislation.

Source: SL 2004, ch 4, § 1.
S.D. Codified Laws § 1-39-5 — SD Code / Title 1 / Chapter 39 / Section 1-39-5
Functions of department
Status: in_force

The Department of Game, Fish and Parks shall, under the direction and control of the secretary of the Department of Game, Fish and Parks, perform:

(1) All administrative functions except special budgetary functions (as defined in § 1-32-1 ) of the Game, Fish and Parks Commission, created by chapter 41-2 ;

(2) All the functions of the former Department of Game, Fish and Parks, created by chapter 41-2 , except that the Game, Fish and Parks Commission shall, in accordance with § 41-2-1.2 , retain and perform the quasi - legislative, quasi - judicial, and special budgetary functions (as defined in § 1-32-1 ) of the department and the function of generally advising the department on its programs.

Source: SL 1973, ch 2, §§ 112, 113.
S.D. Codified Laws § 1-53-20 — SD Code / Title 1 / Chapter 53 / Section 1-53-20
Criminal background investigation of new employees--Temporary employment--Fees
Status: in_force

Each person hired as an employee at the Governor's Office of Economic Development, whose primary duties include access to financial account numbers of financial assistance applicants or who have the authority to authorize grants, loans, or other financial assistance shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The Governor's Office of Economic Development shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the criminal background investigation. The Governor's Office of Economic Development may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals a disqualifying record. Any person whose employment is subject to the requirements of this section shall pay any fees charged for the criminal record check. For the purposes of this section, the term, employee, includes the commissioner and deputy commissioner. The term, employee, does not include members of any boards or authorities for which the Governor's Office of Economic Development provides administrative support.

Source: SL 2014, ch 11, § 1.
S.D. Codified Laws § 1-11-18 — SD Code / Title 1 / Chapter 11 / Section 1-11-18
Establishment of 24/7 sobriety fund
Status: in_force

There is hereby established in the state treasury the 24/7 sobriety fund. The fund shall be maintained and administered by the Office of the Attorney General to defray costs of operating the 24/7 sobriety program, including purchasing and maintaining equipment and funding support services. The Office of the Attorney General may accept for deposit in the fund money from donations, gifts, grants, participation fees, and user fees or payments. Expenditures from the fund shall be budgeted through the normal budget process. Unexpended funds and interest shall remain in the fund.

Source: SL 2007, ch 4, § 2; SL 2011, ch 4, § 3.
S.D. Codified Laws § 1-11-4.2 — SD Code / Title 1 / Chapter 11 / Section 1-11-4.2
Consumer and commercial affairs functions of attorney general
Status: in_force

The Office of the Attorney General shall perform the functions of the former Division of Consumer Protection of the former Department of Commerce and Consumer Affairs relating to consumer affairs, chapter 37-23 , and deceptive trade practices and consumer protection, chapter 37-24 and of the Division of Commercial Inspection and Licensing of the Department of Public Safety relating to peddlers and solicitors, chapter 37-13 , and buying clubs, chapter 37-26 .

Source: SL 1979, ch 5, § 1; SL 1984, ch 3; SL 1985, ch 15, § 7; SL 2003, ch 272 (Ex. Ord. 03-1), § 121, eff. Apr. 17, 2003.
S.D. Codified Laws § 1-26-23 — SD Code / Title 1 / Chapter 26 / Section 1-26-23
Basis for findings in contested cases
Status: in_force

Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

Source: SL 1966, ch 159, § 9 (7).
S.D. Codified Laws § 1-19A-13.3 — SD Code / Title 1 / Chapter 19A / Section 1-19A-13.3
Amount of loans and grants--Interest rate--Extensions and renewals--Amounts available for structures with public use
Status: in_force

Loans and grants may be made from the loan and grant fund by the State Historical Society Board of Trustees to individuals, corporations, or historical organizations for up to ninety percent of the cost of purchase, restoration, and development of a structure. Loans shall be made at an annual interest rate of one - fourth the prime interest rate at the time the loan is made. The maximum amount of a loan for any one structure is twenty - five thousand dollars. Loans may not be extended beyond a three - year period, nor may they be renewed. Loans and grants may be made to nonprofit historical organizations, municipalities, and other local governmental entities for the full cost of purchase, restoration, and development of structures that will have a public use.

Source: SL 1977, ch 19, § 3; SL 1994, ch 332, § 4; SL 2002, ch 14, § 1.
S.D. Codified Laws § 1-15-37 — SD Code / Title 1 / Chapter 15 / Section 1-15-37
Incarceration construction fund established
Status: in_force

There is hereby established in the state treasury the incarceration construction fund. Expenditures out of the fund must only be by special appropriation of the Legislature and must be used for the capital construction or improvement of incarceration facilities located in South Dakota. No moneys shall be appropriated or expended from the fund until such a time as a legislative task force provides a report to the Legislature regarding incarceration and corrections within the State. Interest earned on moneys in the fund must remain in the fund.

Source: SL 2022, ch 3, § 1; SL 2024, ch 6, § 1.
S.D. Codified Laws § 1-53-5 — SD Code / Title 1 / Chapter 53 / Section 1-53-5
Information received by Governor's Office of Economic Development--When open to public inspection--Copies
Status: in_force

All information received by the Governor's Office of Economic Development shall be open to public inspection if it appears to the commissioner that such inspection may assist in carrying out or furthering the purposes of the office, except if the provider of such information requests that the information remain confidential and not be open to public inspection. The commissioner shall supply at cost, copies of any such information.

Source: SL 1988, ch 17, § 3; SDCL § 1-33-19.1; SL 2005, ch 10, §§ 16, 17; SDCL § 1-52-3.4; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 55, 56, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-19B-4 — SD Code / Title 1 / Chapter 19B / Section 1-19B-4
Employment of personnel
Status: in_force

The Historic Preservation Commission may employ such qualified staff personnel as it deems necessary.

Source: SL 1974, ch 21, § 2.
S.D. Codified Laws § 1-36-23 — SD Code / Title 1 / Chapter 36 / Section 1-36-23
Transfer of institutional residents--Payment of expenses
Status: in_force

The Department of Social Services may transfer any person who is a resident at any institution under its control to another state or to the federal government for like institutional care, and contract with the proper authorities of such other state or federal government for the support, maintenance, care, and treatment in the appropriate institution in such state or of the federal government.

The expense for such support, maintenance, care, and treatment as agreed upon shall be paid out of funds available to the department and paid out on vouchers approved by the secretary of social services or in such case as agreed upon by the receiving state or federal government, may be reimbursed by the trading of like residents on a day for day basis.

Source: SL 1989, ch 21, § 14; SDCL § 1-36A-1.14; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 14, 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-19A-13.2 — SD Code / Title 1 / Chapter 19A / Section 1-19A-13.2
National register eligibility required
Status: in_force

Structures which may be considered for loans or grants under §§ 1-19A-13.1 to 1-19A-13.5 , inclusive, shall either be on or eligible for the national register of historic places according to the criteria established by the national register.

Source: SL 1977, ch 19, § 2; SL 1994, ch 332, § 3.
S.D. Codified Laws § 1-6-8 — SD Code / Title 1 / Chapter 6 / Section 1-6-8
State animal
Status: in_force

The coyote is hereby designated as the state animal of South Dakota.

Source: SL 1949, ch 242; SDC Supp 1960, § 55.0113.
S.D. Codified Laws § 1-22-4 — SD Code / Title 1 / Chapter 22 / Section 1-22-4
Meetings of arts council
Status: in_force

The arts council shall meet at the call of the chair and as often as necessary to perform its duties. A majority of the members constitutes a quorum and may act on any matter falling within the scope of the council's activities. The council shall keep complete minutes of its meetings.

Source: SL 1966, ch 183, § 4; SL 1982, ch 15, § 2; SL 2009, ch 1, § 113.
S.D. Codified Laws § 1-1-25 — SD Code / Title 1 / Chapter 1 / Section 1-1-25
When order or judgment of tribal court may be recognized in state courts
Status: in_force

No order or judgment of a tribal court in the State of South Dakota may be recognized as a matter of comity in the state courts of South Dakota, except under the following terms and conditions:

(1) Before a state court may consider recognizing a tribal court order or judgment the party seeking recognition shall establish by clear and convincing evidence that:

(a) The tribal court had jurisdiction over both the subject matter and the parties;

(b) The order or judgment was not fraudulently obtained;

(c) The order or judgment was obtained by a process that assures the requisites of an impartial administration of justice including but not limited to due notice and a hearing;

(d) The order or judgment complies with the laws, ordinances and regulations of the jurisdiction from which it was obtained; and

(e) The order or judgment does not contravene the public policy of the State of South Dakota.

(2) If a court is satisfied that all of the foregoing conditions exist, the court may recognize the tribal court order or judgment in any of the following circumstances:

(a) In any child custody or domestic relations case; or

(b) In any case in which the jurisdiction issuing the order or judgment also grants comity to orders and judgments of the South Dakota courts; or

(c) In other cases if exceptional circumstances warrant it; or

(d) Any order required or authorized to be recognized pursuant to 25 U.S.C., § 1911(d) or 25 U.S.C., § 1919.

Source: SL 1986, ch 6, § 1.
S.D. Codified Laws § 1-18-3.1 — SD Code / Title 1 / Chapter 18 / Section 1-18-3.1
Code revision
Status: in_force

The South Dakota code commission is authorized and directed in future compilation of laws and supplements or any revision of the laws of this state to strike all references to "State Historical Society" and substitute therefor "South Dakota State Historical Society."

Source: SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-16H-34 — SD Code / Title 1 / Chapter 16H / Section 1-16H-34
Inapplicability of §5-2-19
Status: in_force

The provisions of § 5-2-19 do not apply to real or personal property given to the authority.

Source: SL 2004, ch 15, § 34.
S.D. Codified Laws § 1-55-14 — SD Code / Title 1 / Chapter 55 / Section 1-55-14
Debt referral to collection agency--Promulgation of rules
Status: in_force

At such time as the center determines is appropriate, the center may forward the debt to a collection agency or agencies for collection for a period of no less than one year or as otherwise stipulated in the contract between the center and the collection agency. The debt collection agency must be permitted to add a collection charge, not to exceed twenty percent of the debt, to the debt forwarded to the collection agency as payment for its collection services. The center or a collection agency may retain debt beyond the applicable collection period if the entity is actively engaged in substantive collection efforts or based on other good cause.

The Bureau of Human Resources and Administration shall promulgate rules pursuant to chapter 1-26 concerning the process of contracting with and referring debt to debt collection agencies.

Source: SL 2015, ch 14, § 14; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024; SL 2024, ch 14, § 2.
S.D. Codified Laws § 1-27-48 — SD Code / Title 1 / Chapter 27 / Section 1-27-48
Documentation regarding information stored in electronic records system
Status: in_force

A public entity shall make available, upon request, the following documentation for each electronic records system:

(1) A narrative description of the system purpose and functionality; and

(2) Such information as may be reasonably necessary for a member of the public to request the public information that is stored in the electronic records system.

Source: SL 2013, ch 12, § 2.
S.D. Codified Laws § 1-41-4 — SD Code / Title 1 / Chapter 41 / Section 1-41-4
Former departments--Functions performed
Status: in_force

The Department of Agriculture and Natural Resources shall, under the direction and control of the secretary of agriculture and natural resources, perform all the functions of the Department of Agriculture created by chapters 38-1 , 39-1 , 40-37 , 41-20 , 54-13 , and the functions of the former Department of Environment and Natural Resources created by titles 34, 34A, 45, 46, and 46A, except the inspection functions vested in the Department of Public Safety by §§ 34-39-3.1 and 39-1-1.1 and South Dakota Wildland Fire functions vested in the Department of Public Safety by Executive Reorganization Order 2021-03.

Source: SL 1973, ch 2, § 131; SL 1980, ch 26, § 14; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2021, ch 1 (Ex. Ord. 21-3), § 45, eff. Apr. 19, 2021; SL 2025, ch 142, § 1.
S.D. Codified Laws § 1-27-42 — SD Code / Title 1 / Chapter 27 / Section 1-27-42
Public record officer for the state, county, municipality, township, school district, special district, or other entity
Status: in_force

The public record officer for the state is the secretary, constitutional officer, elected official, or commissioner of the department, office, or other division to which a request is directed. The public record officer for a county is the county auditor or the custodian of the record for law enforcement records. The public record officer for a first or second class municipality is the finance officer or the clerk or the custodian of the record for law enforcement records. The public record officer for a third class municipality is the president of the board of trustees or the custodian of the record for law enforcement records. The public record officer for an organized township is the township clerk. The public record officer for a school district is the district superintendent or CEO. The public record officer for a special district is the chairperson of the board of directors. The public record officer for any other entity not otherwise designated is the person who acts in the capacity of the chief financial officer or individual as designated by the entity.

Source: SL 2008, ch 14, § 10.
S.D. Codified Laws § 1-53-2 — SD Code / Title 1 / Chapter 53 / Section 1-53-2
Functions transferred
Status: transferred

The Governor's Office of Economic Development referenced in chapter 1-52 and its functions in the Department of Tourism and State Development are transferred to the Governor's Office of Economic Development created by Executive Reorganization Order 2011-01. The commissioner of the Governor's Office of Economic Development shall perform the functions of the former secretary of the Department of Tourism and State Development relating to the activities of the Governor's Office of Economic Development.

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 58, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-26-5.1 — SD Code / Title 1 / Chapter 26 / Section 1-26-5.1
Emergency rule--Effect on existing rule
Status: in_force

An emergency rule may temporarily suspend, but not repeal, a permanent rule. A permanent rule amended by an emergency rule reverts to its original form ninety days after it has been in effect, or at an earlier date if so specified in the emergency rule, unless further amended within that period.

Source: SL 1975, ch 16, § 15; SL 1977, ch 13, § 6; SL 2025, ch 9, § 10.
S.D. Codified Laws § 1-41-11 — SD Code / Title 1 / Chapter 41 / Section 1-41-11
Board of Water and Natural Resources created--Functions--Appointment and terms of members
Status: in_force

The Board of Natural Resource Development is abolished. There is created a Board of Water and Natural Resources. The board shall perform all functions exercised by the former Board of Natural Resource Development. The Board of Water and Natural Resources shall consist of seven members not all of the same political party and appointed by the Governor for four - year terms. The terms of members of the Board of Water and Natural Resources who are first appointed after the effective date of this order shall be: one appointed for a term of one year; two appointed for a term of two years; two for a term of three years; and two for a term of four years, and such initial terms shall be designated by the Governor. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term.

Source: SL 1973, ch 2, § 120; SL 1979, ch 354, §§ 18, 19; SDCL § 1-40-5; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-24A-1 — SD Code / Title 1 / Chapter 24A / Section 1-24A-1
Consulting contracts filed with state auditor--Time
Status: in_force

Each agency shall file with or make available electronically to the state auditor a copy of any consulting contract entered into by the state agency with a nongovernmental party within five days after the contract is approved and finalized by the contracting parties.

Source: SL 1980, ch 15, § 1; SL 2026, ch 3, § 1.
S.D. Codified Laws § 1-36A-5 — SD Code / Title 1 / Chapter 36A / Section 1-36A-5
Board of Vocational Rehabilitation created
Status: in_force

There is hereby created a Board of Vocational Rehabilitation.

Source: SL 1977, ch 226, § 3; SL 1993, ch 20, § 1; SL 2001, ch 15, § 1.
S.D. Codified Laws § 1-37-2 — SD Code / Title 1 / Chapter 37 / Section 1-37-2
Department of Labor functions and duties transferred
Status: transferred

The functions and programs of the former Department of Labor and the duties of the secretary of labor are transferred to the Department of Labor and Regulation and the secretary of labor and regulation.

Source: SL 1973, ch 2, § 88; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-27-1.10 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.10
Redaction of certain information
Status: in_force

In response to any request pursuant to § 1-27-36 or 1-27-37 , a public record officer may redact any portion of a document which contains information precluded from public disclosure by § 1-27-3 or which would unreasonably invade personal privacy, threaten public safety and security, disclose proprietary information, or disrupt normal government operations. A redaction under this section is considered a partial denial for the application of § 1-27-37 .

Source: SL 2009, ch 10, § 15.
S.D. Codified Laws § 1-22-10 — SD Code / Title 1 / Chapter 22 / Section 1-22-10
Authorization of art work in certain state buildings--Applicability
Status: in_force

Any state building constructed, remodeled or renovated after December 31, 1989, shall include works of art for public display.

Sections 1-22-9 to 1-22-17 , inclusive, do not apply to projects less than one hundred thousand dollars or to projects where the primary purpose is to remove asbestos, PCBs or other hazardous materials.

Source: SL 1989, ch 14, § 2; SL 2005, ch 15, § 1.
S.D. Codified Laws § 1-35-14 — SD Code / Title 1 / Chapter 35 / Section 1-35-14
Administrative functions performed for commission of human rights
Status: in_force

The Division of Human Rights shall, under the direction and control of the director of human rights, perform all administrative functions except special budgetary functions (as defined in § 1-32-1 ) of the commission of human rights created by chapter 20-13 .

Source: SL 1973, ch 2, § 65.
S.D. Codified Laws § 1-51-6 — SD Code / Title 1 / Chapter 51 / Section 1-51-6
Office of Accident Records transferred
Status: transferred

The Office of Accident Records, Department of Transportation, and its functions are transferred to the Department of Public Safety created by Executive Reorganization Order 2003-01. The secretary of the Department of Public Safety shall perform the functions of the secretary of transportation, relating to the Office of Accident Records.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 70, eff. Apr. 17, 2003.
S.D. Codified Laws § 1-27-1.20 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.20
Governor and lieutenant governor records--Exempt records opened on death or five years after leaving office
Status: in_force

Unless released to the public pursuant to § 1-27-1.21 , any record of an officer designated in § 1-27-1.19 , which is exempted from the provisions of § 1-27-1 , must be opened to the public upon either the death of the former officer or five years from the date the officer left office, whichever transpires last.

Source: SL 2012, ch 12, § 2; SL 2025, ch 10, § 1.
S.D. Codified Laws § 1-26-32.1 — SD Code / Title 1 / Chapter 26 / Section 1-26-32.1
Procedural rules applied
Status: in_force

The sections of Title 15 relating to practice and procedure in the circuit courts shall apply to procedure for taking and conducting appeals under this chapter so far as the same may be consistent and applicable, and unless a different provision is specifically made by this chapter or by the statute allowing such appeal.

Source: SDC 1939 & Supp 1960, § 33.4204; SDCL, § 21-33-13; SL 1975, ch 17, § 8.
S.D. Codified Laws § 1-26B-2 — SD Code / Title 1 / Chapter 26B / Section 1-26B-2
Designation of agency for review and evaluation of rules and rule-making authority
Status: in_force

The Interim Rules Review Committee may, with the approval of the Executive Board of the Legislative Research Council, designate any agency for a comprehensive review and evaluation of the agency's rules and rule - making authority pursuant to the provisions of this chapter and such other conditions as the board may provide.

Source: SL 1978, ch 18, § 2; SL 1985, ch 14, § 1; SL 1989, ch 18, § 2.
S.D. Codified Laws § 1-16A-54 — SD Code / Title 1 / Chapter 16A / Section 1-16A-54
Methods of refunding--Maturity dates
Status: in_force

Any such refunding may be effected whether the bonds to be refunded shall have then matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof for the payment of the bonds to be refunded thereby, or by the exchange of the refunding bonds for the bonds to be refunded thereby with the consent of the holders of the bonds so to be refunded, and regardless of whether or not the bonds to be refunded were issued in connection with the same facilities or separate facilities or for any other purpose hereunder, and regardless of whether or not the bonds proposed to be refunded shall be payable on the same date or different dates or shall be due serially or otherwise.

Source: SL 1972, ch 10, § 11.
S.D. Codified Laws § 1-29-1 — SD Code / Title 1 / Chapter 29 / Section 1-29-1
Proclamation moving capital under emergency conditions--Legislative action or return to Pierre
Status: in_force

Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of state government at the normal location of the seat thereof in the city of Pierre, Hughes County, South Dakota, the Governor shall, as often as the exigencies of the situation require, by proclamation, declare an emergency temporary location, or locations, for the seat of government at such place, or places, within or outside of this state as the Governor may deem advisable under the circumstances, and shall take such action and issue such orders as necessary for an orderly transition of the affairs of state government to such emergency temporary location, or locations. The emergency temporary location, or locations, must remain the seat of government until the Legislature establishes a new location, or locations, or until the emergency is declared to be ended by the Governor and the seat of government is returned to its normal location.

Source: SL 1961, ch 287, § 1; SL 2023, ch 3, § 8.
S.D. Codified Laws § 1-44-7.4 — SD Code / Title 1 / Chapter 44 / Section 1-44-7.4
Rules for intercity bus service assistance
Status: in_force

The Transportation Commission shall promulgate rules pursuant to chapter 1-26 for the administration, terms, and conditions for the disbursement of money to the providers of intercity bus service and to establish criteria for the selection of such providers to receive funds appropriated for intercity bus transportation, in conformance with applicable federal guidelines and regulations. In establishing the criteria for disbursement of money under this section, the Transportation Commission shall consider the economic losses of operators providing intercity bus service as documented by a complete description of service and a financial statement of all intercity operators applying for the assistance under this section. The Transportation Commission shall also consider each operator's total number of miles traveled in providing intercity bus service in South Dakota.

Source: SL 1993, ch 345, § 10C.
S.D. Codified Laws § 1-13-1 — SD Code / Title 1 / Chapter 13 / Section 1-13-1
Bureau of Information and Technology to operate state communications system--Department of Public Safety to operate law enforcement telecommunications system
Status: in_force

The Bureau of Information and Technology may purchase the necessary apparatus and equipment to construct or establish a state communications system which shall be used solely for the transmission of business and information for state, federal, and local government and other public safety entities. The bureau may also purchase receiving sets in such quantities as may be most economical to facilitate the speedy transmission of messages and state information.

The bureau is charged with the operation and maintenance of the state communications system. However, the Department of Public Safety shall operate and maintain the South Dakota law enforcement telecommunications system.

Source: SDC 1939, § 55.1608; SL 1999, ch 177, § 8; SL 2004, ch 8, § 1; SL 2015, ch 5, § 1; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-11-11 — SD Code / Title 1 / Chapter 11 / Section 1-11-11
Expense of investigations
Status: in_force

The attorney general is hereby authorized to expend any moneys or appropriations made available to the attorney general's office, for the purpose of making investigations authorized by § 1-11-7 .

Source: SDC 1939, § 55.1508 as added by SL 1964, ch 153.
S.D. Codified Laws § 1-16H-8 — SD Code / Title 1 / Chapter 16H / Section 1-16H-8
Oath of office
Status: in_force

Each member of the board shall, before entering upon the duties of office, take and subscribe the constitutional oath of office.

Source: SL 2004, ch 15, § 8.
S.D. Codified Laws § 1-6-18 — SD Code / Title 1 / Chapter 6 / Section 1-6-18
Use of seal, commemorative medallion design or bullion piece design--Fee
Status: in_force

The Bureau of Human Resources and Administration may authorize the use of the great seal of the State of South Dakota, the commemorative medallion design, or the bullion piece design on commemorative medallions and bullion pieces and shall charge royalty fees for use of the same.

Source: SL 1986, ch 9, § 2; SL 1987, ch 3, § 5; SL 1988, ch 5, § 5; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-15-10.1 — SD Code / Title 1 / Chapter 15 / Section 1-15-10.1
Contracts for institutional treatment of persons with other states or federal government--Discretion to return person to sending state or federal government
Status: in_force

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

Source: SL 1972, ch 9, § 1; SL 1983, ch 199, § 8; SL 1987, ch 14; SL 1989, ch 20, § 19.
S.D. Codified Laws § 1-15-24 — SD Code / Title 1 / Chapter 15 / Section 1-15-24
Investigations by attorney general on secretary's request
Status: in_force

If, in the opinion of the secretary of corrections, any matter in regard to the management of any institution under the department's control, or any matter in regard to any inmate of any such institution, requires legal investigation or action of any kind, notice thereof may be given by the secretary of corrections to the attorney general, who shall make inquiry and take such proceedings in the premises as he may deem necessary and proper, and shall report his action and the results thereof to the secretary without delay.

Source: SDC 1939, § 55.1719; SL 1989, ch 20, § 40.
S.D. Codified Laws § 1-33-8.6 — SD Code / Title 1 / Chapter 33 / Section 1-33-8.6
Commissioner of Human Resources and Administration--Member of Board of Finance
Status: in_force

The commissioner of human resources and administration shall be a member of the State Board of Finance continued by chapter 4-1 .

Source: SDC 1939, § 55.2005 (20); SL 1970, ch 7, § 5; SDCL § 1-14-4; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-45-39 — SD Code / Title 1 / Chapter 45 / Section 1-45-39
Teacher Compensation Review Board
Status: in_force

There is hereby created the Teacher Compensation Review Board within the Department of Education. The board shall review teacher compensation, including comparable wage indexes, in surrounding states at the completion of every two school years. The board shall report its findings to the Governor and the Legislature biennially by September thirtieth.

The members shall serve a term of two years.

The board shall consist of nine members to be appointed as follows:

(1) Three members of the South Dakota Senate appointed by the president pro tempore of the Senate, no more than two of whom may be from the same political party;

(2) Three members of the South Dakota House of Representatives appointed by the speaker of the House of Representatives, no more than two of whom may be from the same political party; and

(3) Three members appointed by the Governor.

Source: SL 2016, ch 83, § 22; SL 2022, ch 5, § 1.
S.D. Codified Laws § 1-47-5.1 — SD Code / Title 1 / Chapter 47 / Section 1-47-5.1
Division of Motor Vehicles transferred
Status: transferred

The Division of Motor Vehicles and its functions in the former Department of Revenue and Regulation are transferred to the Department of Revenue created by Executive Reorganization Order 2011-01. The secretary of revenue shall perform the functions of the former secretary of revenue and regulation, relating to the Division of Motor Vehicles.

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 48, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-24-4 — SD Code / Title 1 / Chapter 24 / Section 1-24-4
Contents of agreement
Status: in_force

Any such agreement shall specify the following:

(1) Its duration;

(2) The precise organization, composition, and nature of any separate legal or administrative entity created thereby together with the powers delegated thereto, provided such entity may be legally created;

(3) Its purpose or purposes;

(4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor;

(5) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; and

(6) Any other necessary and proper matters.

Source: SL 1966, ch 187, § 4.
S.D. Codified Laws § 1-25-10 — SD Code / Title 1 / Chapter 25 / Section 1-25-10
State Investment Council may discuss certain matters in executive session
Status: in_force

The State Investment Council, in executive session, may discuss and consider any document or information exempt from public disclosure requirements under the provisions of subdivision 1-27-1.6 (5).

Source: SL 2010, ch 7, § 1.
S.D. Codified Laws § 1-16H-31 — SD Code / Title 1 / Chapter 16H / Section 1-16H-31
Acquisition, improvement, maintenance, and decommissioning of projects
Status: in_force

The authority may acquire, develop, construct, improve, maintain, operate, and decommission any project, either under its own direction or through collaboration with any approved applicant, or acquire any project through purchase or otherwise, using for that purpose the proceeds derived from its sale of revenue bonds, notes, or other instruments or governmental loans, grants, or other funds, and hold title to those projects in the name of the authority.

Source: SL 2004, ch 15, § 31, eff. Feb. 11, 2004; SL 2009, ch 1, § 27.
S.D. Codified Laws § 1-16A-7 — SD Code / Title 1 / Chapter 16A / Section 1-16A-7
Annual election of chairman and vice-chairman
Status: in_force

Annually after the appointment of a member or members, the authority shall elect one of its members as chairman and one as vice - chairman.

Source: SL 1972, ch 10, § 5.
S.D. Codified Laws § 1-20-33 — SD Code / Title 1 / Chapter 20 / Section 1-20-33
Exploration results--Report to state archaeologist
Status: in_force

When exploration or field investigations are undertaken pursuant to § 1-20-32 , a summary report of such undertakings, containing relevant maps, documents, drawings, and photographs shall be submitted to the state archaeologist for review.

Source: SL 1974, ch 11, § 6; SL 2021, ch 7, § 38.
S.D. Codified Laws § 1-16B-42 — SD Code / Title 1 / Chapter 16B / Section 1-16B-42
Preference to projects for processing raw materials produced in state
Status: in_force

When the authority considers two or more applications for a loan for development projects which have been identified as creating equal amounts of employment and income and generally achieving the purposes of this chapter, the authority shall give preference to applications for projects involving the processing of raw materials produced in the state.

Source: SL 1978, ch 9, § 38.
S.D. Codified Laws § 1-5-1.3 — SD Code / Title 1 / Chapter 5 / Section 1-5-1.3
South Dakota Statehood Day established
Status: in_force

The second day of November, to be known as South Dakota Statehood Day, shall be observed in this state as a working holiday. South Dakota Statehood Day is dedicated to the remembrance of the anniversary of South Dakota's admittance into the union on November 2, 1889. This day will be to reflect on the history and the heritage of the state.

Source: SL 2001, ch 6, § 1.
S.D. Codified Laws § 1-1A-1 — SD Code / Title 1 / Chapter 1A / Section 1-1A-1
Unconstitutional state actions void
Status: in_force

It is the public policy of the State of South Dakota that every statute, rule, regulation, executive order, and office policy of the State of South Dakota enacted, promulgated, issued, or established in contradiction to the provisions of the United States Constitution, and so judicially determined by a final judgment rendered by the South Dakota Supreme Court, the federal district court for the State of South Dakota, the United States Court of Appeals for the eighth circuit, or the United States Supreme Court, is void within the jurisdiction of the State of South Dakota.

Source: SL 1979, ch 4, § 1.
S.D. Codified Laws § 1-15-10 — SD Code / Title 1 / Chapter 15 / Section 1-15-10
Contracts for service, buildings, lands, materials, and supplies
Status: in_force

The Department of Corrections may make contracts for service, the erection of buildings, the purchase and lease of lands, materials and supplies needed, except such supplies as are under the supervision of the Bureau of Human Resources and Administration as prescribed by chapter 5-18B . The department may expend money, exact and collect penalties, and purchase, lease, and sell property within the limitations of the state and national laws to carry out such contracts.

Source: SDC 1939, § 55.1705; SL 1973, ch 4, § 1; SL 1982, ch 9, § 6; SL 1989, ch 20, § 18; SL 2011, ch 2, § 105; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-16J-2 — SD Code / Title 1 / Chapter 16J / Section 1-16J-2
Membership--Initial terms--Officers--Removal
Status: in_force

The authority shall consist of seven members appointed by the Governor with the advice and consent of the Senate. The terms for the initial appointments shall be as follows: three members shall serve three years, two members shall serve two years, and two members shall serve one year. Not all of the members may be of the same political party. One of the members shall be designated by the Governor as chair. The members shall elect from among their number such other officers as they may determine. The Governor may remove any member of the board for cause.

Source: SL 2009, ch 8, § 2.
S.D. Codified Laws § 1-57-3 — SD Code / Title 1 / Chapter 57 / Section 1-57-3
Administration--Selection of chair--Meetings
Status: in_force

The Executive Board of the Legislative Research Council shall provide administrative services to the South Dakota-Ireland Trade Commission.

The commission shall select one legislator to serve as chair. The commission shall meet at least once each year.

Source: SL 2024, ch 15, § 3; SL 2025, ch 13, § 2; SL 2026, ch 18, § 2.
S.D. Codified Laws § 1-27-30 — SD Code / Title 1 / Chapter 27 / Section 1-27-30
Confidentiality of proprietary or trade information of private entity
Status: in_force

All proprietary or trade secret information obtained by a state agency from or concerning a private entity is confidential, except as provided by § 1-27-31 .

Source: SL 1996, ch 12, § 3; SL 2004, ch 25, § 3
S.D. Codified Laws § 1-16H-6 — SD Code / Title 1 / Chapter 16H / Section 1-16H-6
Removal of members--Grounds
Status: in_force

The Governor may remove any member of the board for cause, including incompetence, neglect of duty, or malfeasance in office.

Source: SL 2004, ch 15, § 6.
S.D. Codified Laws § 1-16G-3 — SD Code / Title 1 / Chapter 16G / Section 1-16G-3
Revolving economic development and initiative fund--Purpose
Status: in_force

There is established in the state treasury a special revenue fund to be known as the revolving economic development and initiative fund for the purpose of making grants and loans for economic development.

Source: SL 1987, ch 98, § 1; SL 1988, ch 17, § 6; SDCL § 1-42-24 ; SL 2007, ch 5, § 1.
S.D. Codified Laws § 1-20-30 — SD Code / Title 1 / Chapter 20 / Section 1-20-30
Designation of archaeological register sites--Consent required
Status: in_force

The State Historical Society Board of Trustees may publicly designate an archaeological site of significance to the scientific study of public representation of the state's historical, prehistorical, or aboriginal past as a state archaeological register site. However, no site may be designated as a state archaeological register site without the express written consent of the state agency having jurisdiction over the land in question or, if it is on privately owned land, of the landowner.

Source: SL 1974, ch 11, § 7; SL 2009, ch 1, § 105.
S.D. Codified Laws § 1-16G-1.2 — SD Code / Title 1 / Chapter 16G / Section 1-16G-1.2
Foreclosure as means of protecting loan--Sale, transfer, or conveyance of property
Status: in_force

The Board of Economic Development may take title by foreclosure to any property given as security if the acquisition is necessary to protect any loan made under this chapter, and may sell, transfer, or convey any such property to any responsible buyer. Any sale of property hereunder shall be performed in a commercially reasonable manner. If the sale, transfer, or conveyance cannot be effected with reasonable promptness, the board may, in order to prevent financial loss and sustain employment, lease the property to a responsible tenant or tenants.

All sale proceeds or lease payments received by the board pursuant to this section shall be deposited in the fund from which the original loan was made.

Source: SL 1997, ch 7, § 2.
S.D. Codified Laws § 1-16A-76 — SD Code / Title 1 / Chapter 16A / Section 1-16A-76
Jurisdiction of federal bankruptcy courts--Written contracts concerning bonds or notes enforceable
Status: in_force

The authority, all school districts and other public bodies, and all officers or departments of the state dealing with the state or the authority pursuant to §§ 1-16A-19 , 1-16A-74 to 1-16A-76 , inclusive, and 13-19-1.2 are not subject to the jurisdiction of the federal bankruptcy courts or any successor thereof under the United States Constitution. Any contract, agreement, or other arrangement entered into by any or all of the school districts or other public bodies, the authority and any officers or departments of the state or the authority pursuant to § 1-16A-19 , 1-16A-74 to 1-16A-76 , inclusive, 1-16A-97 to 1-16A-99 , inclusive, 13-19-1.2 , 13-19-27 , 13-19-29 , 13-13-39 , or 13-13-74 or in anticipation of or for the securing of the issuance of tax anticipation notes by any or all of the school districts, the issuance or agreement to issue warrants or general obligation refunding bonds by any or all of the school districts, the agreement by the authority and the school district or any officers or department of the state to purchase any or all of such notes, warrants, or general obligation refunding bonds or any related or similar agreement for the benefit of investors or any other third party or parties shall be valid, binding and enforceable when made in writing duly signed by the appropriate officers. All such agreements and other arrangements are not subject to disavowal, disaffirmance, cancellation, or avoidance by reason of insolvency of any party, lack of consideration or any other fact, occurrence or rule of law.

Source: SL 1986, ch 13, § 3; SL 1988, ch 13, § 4; SL 2015, ch 90, § 6.
S.D. Codified Laws § 1-25-13 — SD Code / Title 1 / Chapter 25 / Section 1-25-13
Annual review of open meeting laws--Acknowledgment
Status: in_force

Any agency, as defined in § 1-26-1 , or political subdivision of this state, that is required to provide public notice of its meetings pursuant to § 1-25-1.1 or 1-25-1.3 must annually review the following, during an official meeting of the agency or subdivision:

(1) The explanation of the open meeting laws of this state published by the attorney general, pursuant to § 1-11-1 ; and

(2) Any other material pertaining to the open meeting laws of this state provided by the attorney general.

The agency or subdivision must include in the minutes of the official meeting an acknowledgement that the review was completed.

Source: SL 2025, ch 7, § 2.
S.D. Codified Laws § 1-21-6 — SD Code / Title 1 / Chapter 21 / Section 1-21-6
Supervision and control by secretary of agriculture and natural resources
Status: in_force

The secretary of agriculture and natural resources has supervision and control of the state fairgrounds throughout the year.

Source: SDC 1939 § 55.4601; SL 1939, ch 225, § 1; SL 1949, ch 226, § 1; SL 1953, ch 298; SL 1992, ch 8, § 1; SL 2004, ch 18, § 3; SL 2018, ch 13, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-26B-1 — SD Code / Title 1 / Chapter 26B / Section 1-26B-1
Definition of terms
Status: in_force

Terms as used in this chapter mean:

(1) "Agency," all divisions, offices, bureaus, commissions, councils, and boards, or like government units or subunits of the departments;

(2) "Committee," the Interim Rules Review Committee;

(3) "Termination," abolishment of the rules of any agency or the act of causing their existence to cease.

Source: SL 1978, ch 18, § 1; SL 1989, ch 18, § 1.
S.D. Codified Laws § 1-13-4 — SD Code / Title 1 / Chapter 13 / Section 1-13-4
Radio communications fund as continuing fund
Status: in_force

An unexpended balance remaining in the radio communications fund at the end of any fiscal year shall not revert but shall remain in said fund and be available for expenditure during the succeeding fiscal year.

Source: SL 1945, ch 321, § 5; SDC Supp 1960, § 55.1608-1.
S.D. Codified Laws § 1-56-8 — SD Code / Title 1 / Chapter 56 / Section 1-56-8
Designation of agency internal control officer
Status: in_force

Each state agency shall designate an internal control officer. The internal control officer shall ensure the agency complies with the provisions of this chapter. Two or more agencies may agree to designate a single individual as the internal control officer for the agencies participating in the agreement. The board shall make available to each internal control officer guidelines and standards that the state agency shall implement and comply. The board may take other actions as necessary to carry out the purpose and intent of this chapter.

Source: SL 2016, ch 16, § 8, eff. Mar. 16, 2016; SL 2025, ch 12, § 5.
S.D. Codified Laws § 1-19B-10 — SD Code / Title 1 / Chapter 19B / Section 1-19B-10
Participation in local planning processes
Status: in_force

Any county or municipal historic preservation commission established pursuant to this chapter may participate in the conduct of land-use, urban renewal, and other planning processes undertaken by the county or municipality.

Source: SL 1974, ch 21, § 3 (7); SL 2009, ch 1, § 73.
S.D. Codified Laws § 1-41-4.1 — SD Code / Title 1 / Chapter 41 / Section 1-41-4.1
Performance of functions of abolished agencies
Status: in_force

The Department of Agriculture and Natural Resources shall, under the direction and control of the secretary of agriculture and natural resources, administer all the functions of the following former agencies:

(1) The Division of Markets created by chapter 38-1 ;

(2) The Division of Inspections created by chapter 38-1 ;

(3) The Division of Plant Industry created by chapter 38-1 ;

(4) The Division of Production and Marketing Cooperatives created by chapter 38-1 ;

(5) The Division of Weed Control created by chapter 38-1 ;

(6) The Department of Horticulture created by chapter 38-23 .

Source: SL 1974, ch 3, §§ 29, 31; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 46, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-16A-89 — SD Code / Title 1 / Chapter 16A / Section 1-16A-89
Credit enhancement obligation--Conditions
Status: in_force

No credit enhancement obligation is valid unless the authority adopts a resolution which finds and determines the following:

(1) The bonds or other obligations to be secured by such credit enhancement obligation are to be issued for the purpose of financing or refinancing property, real or personal, or related costs incurred by a health institution which owns or operates a hospital which presently provides or intends to provide hospital services to all or a portion of the residents of the municipality or county which is proposing to issue the credit enhancement obligation;

(2) The participating health institution which is obligated to make payments in amounts and at the times required to repay the bonds or other obligations to be secured by the credit enhancement obligation are reasonably expected to have sufficient funds available for such purposes;

(3) The credit enhancement obligation and any bonds or other obligations to be issued by the authority, municipality or county in connection therewith do not contain provisions which will require credit enhancement obligation payments by the municipality or county in any fiscal year of the municipality or county prior to the year in which a principal payment, sinking fund installment or comparable redemption payment amount is otherwise scheduled to become due; and

(4) If deemed advisable by the authority, the participating health institution shall agree to one or more financial or operational covenants which, if not complied with, may result in the authority or a financial institution requiring the participating health institution to take certain actions including, without limitation, the retaining of an independent consultant to study the operations of the participating health institution and recommend improvements therein.

Source: SL 1992, ch 3, § 2.
S.D. Codified Laws § 1-26-29 — SD Code / Title 1 / Chapter 26 / Section 1-26-29
Notice and hearing required for revocation or suspension of license--Emergency suspension
Status: in_force

No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency gave notice by mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety, or welfare imperatively require emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.

Source: SL 1966, ch 159, § 14 (3).
S.D. Codified Laws § 1-26-41 — SD Code / Title 1 / Chapter 26 / Section 1-26-41
Citation of chapter
Status: in_force

This chapter may be cited as the South Dakota Administrative Procedures Act.

Source: SL 1977, ch 13, § 17.
S.D. Codified Laws § 1-15-6.1 — SD Code / Title 1 / Chapter 15 / Section 1-15-6.1
Administrative functions performed for Board of Pardons and Paroles
Status: in_force

The Department of Corrections shall perform all administrative functions of the Board of Pardons and Paroles.

Source: SL 1977, ch 198, § 5; SDCL Supp, § 1-36-18; SL 1989, ch 20, § 15.
S.D. Codified Laws § 1-2-8 — SD Code / Title 1 / Chapter 2 / Section 1-2-8
1-2-8. Ratification and approval--Text
Status: in_force

Ratification and approval is hereby given to the South Dakota-Nebraska boundary compact as signed at the city of Lincoln in the state of Nebraska on the twenty - fourth day of February 1989 by the duly authorized commissioners of the state of South Dakota and of the state of Nebraska which South Dakota-Nebraska boundary compact is in full as follows:

WHEREAS, the Missouri River has constituted the territorial boundary between the state of Nebraska and the state of South Dakota common to Dakota County, Nebraska, and Union County, South Dakota; and,

WHEREAS, by the forces of nature and construction, operation and maintenance efforts by agencies of the federal government, the flow of the Missouri River has changed its course, and the main channel of the river has changed its position in many areas along the boundary between said counties of the states; and,

WHEREAS, disputes between the state of Nebraska and the state of South Dakota, their political and governmental subdivisions, citizens and other persons have arisen with respect to the location of the true boundary between said counties of the states; and,

WHEREAS, there has for many years existed as between said counties of the states, a question as to the true and correct boundary line between them; and,

WHEREAS, in some areas land is taxed or may be taxed by governmental bodies in both states and in other areas land may be untaxed by governmental bodies in either state; and,

WHEREAS, at times courts have found some land as located in Nebraska and at other times the courts have found the same land as located in South Dakota; and,

WHEREAS, the Missouri River is now relatively stabilized by work done under the direction and supervision of the United States Army Corps of Engineers, and a boundary based upon the present main channel of the Missouri River would be, if the works are properly maintained, as near as can be anticipated at this time, fixed and permanent; and,

WHEREAS, it is to the best interest of the states of Nebraska and South Dakota, their political and governmental subdivisions and their citizens, to determine a new and compromise boundary between said counties of the states, to avoid litigation and multiple exercises of sovereignty and jurisdiction, to encourage the optimum beneficial use of the river, its facilities and its waters, and to remove all causes of controversy between said states with respect to the boundary between said counties of the states; and,

WHEREAS, the states by entering into an agreement for a new boundary are not recognizing and do not desire to recognize the former compact boundary established between them by their legislative actions and the consent of the Congress in 1905; and,

WHEREAS, because of the numerous natural cutoffs over the years and the construction and stabilization work by the Corps of Engineers, which included the dredging of channels and construction of dikes and revetments, thus moving the river around and across islands, bar areas, and lands, as between the states, neither of them recognizes any presumption that the river has moved gradually into the present designed channel location; and,

WHEREAS, the states recognize that the Corps of Engineers' activities have caused tracts of land formerly on one side of the river to be isolated on the other side, and the states recognize there may have been many natural cutoffs of the Missouri River prior to the stabilization work by the Corps of Engineers; and,

WHEREAS, as to lands along or in proximity to the Missouri River, the states desire not to disturb private titles or claims which may have been established by individuals by recognizing or locating any specific areas as belonging to or being within one state or the other; instead the states desire to leave any questions of private titles to the parties involved; and,

WHEREAS, the terms of this compact shall be binding upon the states, their political and governmental subdivisions and officers and agents thereof; and,

WHEREAS, the parties recognize that the present main channel of the Missouri River as it exists within the designed channel stabilized by the Corps of Engineers is or may be different from a line parallel and equidistant from the present banks of the Missouri River; and,

WHEREAS, the states of Nebraska and South Dakota have agreed upon the terms and provisions of a compact to establish the boundary between said counties of the states.

To these ends, duly appointed commissioners for the state of Nebraska and the state of South Dakota jointly convened on February 24, 1989, in Lincoln, Nebraska, and have resolved to conclude a compact, following enactment by their respective legislative bodies and with consent of the Congress of the United States, and have agreed upon the following Articles:

(a) The state of Nebraska and the state of South Dakota find that there have been actual and potential disputes, controversies, criminal proceedings and litigation arising or which may arise out of the location of the boundary line between Dakota County, Nebraska, and Union County, South Dakota; that the Missouri River constituting the boundary between said counties of the states has changed its course from time to time, and that the United States Army Corps of Engineers has established a designed channel of the river for navigation and other purposes, which is described and shown in the survey referred to in Article II.

(b) It is the principal purpose of the states in executing this compact to establish an identifiable compromise boundary between said counties of the states for the entire distance thereof as of the effective date of this compact without interfering with or otherwise affecting private rights or titles to property, and the states declare that further compelling purposes of this compact are: (1) to create a friendly and harmonious interstate relationship; (2) to avoid multiple exercise of sovereignty and jurisdiction including matters of taxation, judicial and police powers and exercise of administrative authority; (3) to encourage settlement and disposition of pending litigation and criminal proceedings and avoid or minimize future disputes and litigations; (4) to promote economic and political stability; (5) to encourage the optimum mutual beneficial use of the Missouri River, its waters and its facilities; (6) to establish a forum for settlement of future disputes; (7) to place the boundary in a new or reestablished location which can be identified or located; and (8) to express the intent and policy of the states that the common boundary between said counties be established within the confines of the Missouri River and both states shall continue to have access to and use of the waters of the river.

(a) The permanent compromise boundary line between said counties of the states shall be fixed at the centerline of the designed channel of the Missouri River (the westerly channel adjacent to Section 5, Township 29 North, Range 7 East of the 6th P.M. shall be considered the main channel). The state of Nebraska and the state of South Dakota by the ratification of this document agree to accurately describe the centerline of the design channel by reference to permanent monuments which shall be placed at locations which are easily accessible and safe from destruction. The Nebraska State Surveyors Office and a representative from South Dakota shall jointly supervise and approve placement of the monuments and the location of the compact boundary. Upon completion, the maps and record of the survey shall be incorporated herein and made a part hereof by reference. Said maps shall be placed on file with the secretaries of state of South Dakota and Nebraska. The approval of contracts and all necessary costs for the accurate survey and placement of proper monuments shall be shared equally between the states of South Dakota and Nebraska.

(b) This centerline of the channel of the Missouri River as described on said survey shall hereinafter be referred to as the "compromise boundary."

On the effective date of this compact, the state of South Dakota hereby relinquishes to the state of Nebraska all sovereignty over lands lying on the Nebraska side of said compromise boundary and the state of Nebraska hereby relinquishes to the state of South Dakota all sovereignty over lands lying on the South Dakota side of the compromise boundary.

Nothing in this compact shall be deemed or construed to affect any litigation pending in the courts of either of the states concerning title to any of the lands, sovereignty over which is relinquished by the state of South Dakota to the state of Nebraska or by the state of Nebraska to the state of South Dakota and any matter concerning the title to lands, sovereignty over which is relinquished by either state to the other, may be continued in the courts of the state where pending until a final determination thereof.

(a) On and following the effective date of this compact, the public record of real estate titles, mortgages and other liens in the state of Nebraska to any lands, the sovereignty over which is relinquished by the state of Nebraska to the state of South Dakota, shall be accepted as evidence of record title to such lands, to and including the effective date of such relinquishment by the state of Nebraska, by the courts of the state of South Dakota.

(b) On and following the effective date of this compact, the public record of real estate titles, mortgages and other liens in the state of South Dakota to any lands, the sovereignty over which is relinquished by the state of South Dakota to the state of Nebraska, shall be accepted as evidence of record title to such lands, to and including the effective date of such relinquishment by the state of South Dakota, by the courts of the state of Nebraska.

(c) As to lands, the sovereignty over which is relinquished, on the effective date of this compact the recording officials of each state including the counties thereof shall accept for filing documents of title using legal descriptions derived from the land descriptions of the other state. The acceptance of such documents for filing shall have no bearing upon the legal effect or sufficiency thereof.

(a) Taxes for the calendar year of the effective date of this compact which are lawfully imposed by either Nebraska or South Dakota may be levied and collected by such state or its authorized governmental subdivisions and agencies on land, subsequent jurisdiction over which is relinquished by the taxing state to the other, and any liens or other rights accrued or accruing, including the right of collection, shall be fully recognized and the county treasurers of the said counties or other taxing authorities affected shall act as agents in carrying out the provisions of this Article; provided, that all liens or other rights arising out of the imposition of taxes, accrued or accruing as aforesaid, shall be claimed or asserted within five years after this compact becomes effective and if not so claimed or asserted shall be forever barred.

(b) The lands, sovereignty over which is relinquished by the state of South Dakota to the state of Nebraska, shall not thereafter be subject to the imposition of taxes in the state of South Dakota from and after the calendar year of the effective date of this compact. The lands, sovereignty over which is relinquished by the state of Nebraska to the state of South Dakota, shall not thereafter be subject to the imposition of taxes in the state of Nebraska from and after the calendar year of the effective date of this compact.

(a) This compact shall not deprive any riparian owner of such riparian owner's rights based upon riparian law and the establishment of the compromise boundary between said counties of the states shall not in any way be deemed to change or affect the boundary line or riparian owners along the Missouri River as between such owners. The establishment of the compromise boundary shall not operate to limit such riparian owner's rights to accretions across such compromise boundary.

(b) No private individual or entity claiming title to lands along the Missouri River, over which sovereignty is relinquished by this compact, shall be prejudiced by the relinquishment of such sovereignty and any claims or possessory rights necessary to establish adverse possession shall not be terminated or limited by the fact that the jurisdiction over such lands may have been transferred by the compact. Neither state will assert any claim of title to abandoned beds of the Missouri River, lands along the Missouri River, or the bed of the Missouri River based upon any doctrine of state ownership of the beds or abandoned beds of navigable waters, as against any land owners or claimants claiming interest in real estate arising out of titles, muniments of title, or exercises of jurisdiction of or from the other state, which titles or muniments of title commenced prior to the effective date of this compact.

If at any time after the effective date of this compact, the Missouri River shall move or be moved by natural means or otherwise so that the flow thereof at any point along the course forming the boundary between the states occurs entirely within one of the states, each state at the request of the other, agrees to enter into and conduct negotiations in good faith for the purpose of readjusting the boundary at the place or places where such movement occurred consistent with the intent, policy and purpose hereof that the boundary will be placed within the Missouri River.

(a) This compact shall become effective when ratified by the legislature of the state of Nebraska and the legislature of the state of South Dakota and approved by the Congress of the United States.

(b) As of the effective date of this compact, the state of Nebraska and the state of South Dakota shall relinquish sovereignty over the lands described herein and shall assume and accept sovereignty over such lands ceded to them as herein provided.

(c) In the event this compact is not approved by the legislature of each state on or before July, 1990, and approved by the Congress of the United States within three years from the date hereof, this compact shall be inoperative and for all purposes shall be void.

Nothing in this compact shall be construed to limit or prevent either state from instituting or maintaining any action or proceeding, legal or equitable, in any court having jurisdiction, for the protection of any right under this compact or the enforcement of any of its provisions.

Source: SL 1989, ch 4, § 1.
S.D. Codified Laws § 1-26B-7 — SD Code / Title 1 / Chapter 26B / Section 1-26B-7
Factors considered by committees in reviewing agency rules
Status: in_force

To determine the existence of a sufficient public need for continuance of an agency's rules, the committee shall take into consideration the following factors concerning the rules of the agency under review and evaluation:

(1) The extent to which any information required to be furnished to the committee has been omitted, misstated, or refused, and the extent to which conclusions reasonably drawn from such information is adverse to the legislative intent inherent in the powers, duties, and functions as established in the rule - making authority of the agency, or is inconsistent with present or projected public demands or needs;

(2) The extent to which operation has been efficient and responsive to the public needs;

(3) The extent to which it has been encouraged that persons regulated report to the agency concerning the impact of rules and decisions regarding improved services, economy of service, or availability of service to the public;

(4) The extent to which the public has been encouraged to participate in rule - and decision - making as opposed to participation solely by persons regulated;

(5) Any other relevant criteria which the committee deems necessary and proper in reviewing and evaluating the sufficient public need for continuance of the rules and regulations of the agency.

Source: SL 1978, ch 18, § 7; SL 1989, ch 18, § 7.
S.D. Codified Laws § 1-15-10.2 — SD Code / Title 1 / Chapter 15 / Section 1-15-10.2
Compensation of state for care of persons from other states
Status: in_force

The expenses for such support, maintenance, care, and treatment as agreed upon may not be less than an amount required to compensate the State of South Dakota for the total cost thereof to the state. The compensation received pursuant to this section shall be deposited in the general fund.

Source: SL 1972, ch 9, § 2; SL 1989, ch 20, § 20; SL 2016, ch 140, § 4.
S.D. Codified Laws § 1-19A-29 — SD Code / Title 1 / Chapter 19A / Section 1-19A-29
Promulgation of rules to administer chapter
Status: in_force

For the purpose of the administration of this chapter the State Historical Society Board of Trustees shall adopt rules pursuant to chapter 1-26 in the following areas:

(1) Definitions;

(2) Standards for historic preservation, restoration, and rehabilitation projects;

(3) Project application procedures;

(4) Requests for project information;

(5) Project approval and nonapproval;

(6) Terms of project certification;

(7) County notification of certification;

(8) Terms of restrictive covenants;

(9) Filing of restrictive covenants;

(10) Violation of covenants; and

(11) Cancellation of certification.

Source: SL 1994, ch 16, § 3.
S.D. Codified Laws § 1-16H-39 — SD Code / Title 1 / Chapter 16H / Section 1-16H-39
Informational budget
Status: in_force

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

Source: SL 2004, ch 15, § 39.
S.D. Codified Laws § 1-37-6.1 — SD Code / Title 1 / Chapter 37 / Section 1-37-6.1
Director of human rights as head of division--Appointment and removal
Status: in_force

The head of the Division of Human Rights of the Department of Labor and Regulation is the director of human rights. The director of human rights shall be subject to appointment and removal in accordance with the provisions of § 1-32-6 concerning the appointment of division directors.

Source: SL 1973, ch 2, § 64; SL 2003, ch 272 (Ex. Ord. 03-1), § 91; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011; SDCL § 1-35-13 .
S.D. Codified Laws § 1-16G-84 — SD Code / Title 1 / Chapter 16G / Section 1-16G-84
Promulgation of rules regarding new frontiers program
Status: in_force

The board may promulgate rules, pursuant to chapter 1-26 , concerning the procedures and forms for applying for and receiving the new frontiers payment, the requirements necessary to qualify for the new frontiers payment, and the criteria to evaluate programs submitting applications.

Source: SL 2016, ch 5, § 12.
S.D. Codified Laws § 1-41-15.2 — SD Code / Title 1 / Chapter 41 / Section 1-41-15.2
Quorum of Water Management Board
Status: in_force

A majority of the appointed members of the Water Management Board constitutes a quorum. A majority of those present and voting is sufficient to perform official functions of the board.

Source: SL 1979, ch 354, § 27; SL 2011, ch 165, § 2; SDCL § 1-40-17; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-20-19 — SD Code / Title 1 / Chapter 20 / Section 1-20-19
Employment and qualifications of state archaeologist
Status: in_force

The secretary of education shall, subject to the Governor's approval, employ a state archaeologist, who shall serve at the pleasure of the secretary. The state archaeologist shall be a qualified anthropologist. The minimum professional qualifications for the position shall include a master's degree from an accredited institution of higher education and at least one year of field experience in archaeological salvage.

Source: SL 1973, ch 5, § 2; SDCL Supp, §§ 1-20-1.1, 1-20-1.2; SL 1974, ch 11, § 3; SL 1979, ch 353, § 13; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2005, ch 10, § 7; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 21, eff. Apr. 20, 2015.
S.D. Codified Laws § 1-26A-2 — SD Code / Title 1 / Chapter 26A / Section 1-26A-2
Official rules of all executive agencies
Status: in_force

The compilation of rules known as the Administrative Rules of South Dakota, prepared by the Legislative Research Council under the authority of § 1-26A-1 and filed with the secretary of state, exclusive of its analyses and notes, are the official rules of all state executive agencies.

Source: SL 1975, ch 16, § 1; SL 1981, ch 9, § 1; SL 1982, ch 28, § 1; SL 2012, ch 8, § 2.
S.D. Codified Laws § 1-16J-5 — SD Code / Title 1 / Chapter 16J / Section 1-16J-5
No compensation--Reimbursement of expenses
Status: in_force

No member of such authority may receive any compensation for services rendered under this chapter. However, members shall be reimbursed for necessary expenses incurred in connection with duties and powers prescribed by this chapter.

Source: SL 2009, ch 8, § 5.
S.D. Codified Laws § 1-41-13 — SD Code / Title 1 / Chapter 41 / Section 1-41-13
Performance of administrative functions of conservancy district board
Status: in_force

Except as provided in § 1-41-13.1 , the Department of Agriculture and Natural Resources shall, under the direction and control of the secretary of agriculture and natural resources, perform all the functions of the former board of directors of the South Dakota Conservancy District, created by chapter 46A-2 .

Source: SL 1973, ch 2, §§ 122, 123; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL § 1-40-9; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 52, 56, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-33-36 — SD Code / Title 1 / Chapter 33 / Section 1-33-36
1-33-36. Adoption of rules for Digital Dakota Network
Status: in_force

The Bureau of Information and Technology may adopt, pursuant to chapter 1-26 , administrative rules regarding Digital Dakota Network operations, practices, procedures, billings, fees, sites, program sources, program content, program distribution, terminal sites, and any other need identified for successful operation of the Digital Dakota Network.
S.D. Codified Laws § 1-16A-11 — SD Code / Title 1 / Chapter 16A / Section 1-16A-11
Removal of member from authority
Status: in_force

Any member of the authority may be removed by the Governor for misfeasance, malfeasance, or willful neglect of duty or other cause after notice and a public hearing unless such notice or hearing shall be expressly waived in writing.

Source: SL 1972, ch 10, § 3.
S.D. Codified Laws § 1-24-3 — SD Code / Title 1 / Chapter 24 / Section 1-24-3
Agreements for cooperative action authorized--Approval by governing bodies
Status: in_force

Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of §§ 1-24-2 to 1-24-9 , inclusive. Appropriate action by ordinance, resolution, or otherwise pursuant to law of the governing bodies of the participating public agencies shall be necessary before any such agreement may enter into force.

Source: SL 1966, ch 187, § 3.
S.D. Codified Laws § 1-33B-16 — SD Code / Title 1 / Chapter 33B / Section 1-33B-16
Powers of Governor's Office of Economic Development
Status: in_force

The Governor's Office of Economic Development, in order to implement § 1-33B-14 , may:

(1) Make contracts and execute all instruments;

(2) Establish interest rates within the bounds as otherwise statutorily provided;

(3) Collect fees and charges, as are determined to be necessary, reasonable and proper in connection with its loans, advances, leases, grants, servicing, and other activities;

(4) Provide for the repayment and redeposit of loan and lease payments;

(5) Sue or be sued;

(6) Foreclose any mortgages, deed of trust, notes, debentures, bonds, and other security interests held by it, either by action or by exercise of a power of sale, and sell the equity of redemption in the security interests in accordance with the terms of the instruments and applicable state law, and take any other actions necessary to enforce any obligation held by it;

(7) Perform any act and execute any instrument which is necessary or convenient to the exercise of the powers granted by this chapter or reasonably implied from it;

(8) Make, and undertake commitments to make, loans or deposits of funds or lease equipment under terms and conditions for the purposes as stated in this chapter; and

(9) Make, and undertake commitments to make, loans or deposits of funds or equipment with lenders under terms and conditions which shall require the lenders to make loans of funds or lease equipment for the purposes as stated in this chapter.

Source: SL 1991, ch 16, § 6; SL 1994, ch 410 (Ex. Ord. 93-9), § 17.
S.D. Codified Laws § 1-37-3 — SD Code / Title 1 / Chapter 37 / Section 1-37-3
Administration of Titles 60, 61, and 62
Status: in_force

The Department of Labor and Regulation shall, under the direction and control of the secretary of labor and regulation, administer the provisions of Titles 60, 61, and 62.

Source: SL 1973, ch 2, § 90; SL 2008, ch 276, § 2; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-16H-36 — SD Code / Title 1 / Chapter 16H / Section 1-16H-36
Designation of depositories
Status: in_force

The authority shall designate a qualified public depository as defined in § 4-6A-1 as a depository of its money. Those depositories shall be designated only within the state and upon condition that bonds approved as to form and surety by the authority and at least equal in amount to the maximum sum expected to be on deposit at any one time shall be first given by the depositories to the authority, those bonds to be conditioned for the safekeeping and prompt repayment of the deposits. If any of the funds of the authority are deposited by the treasurer in any such depository, the treasurer and the sureties on the treasurer's official bond are, to that extent, exempt from liability for the loss of any of the deposited funds by reason of the failure, bankruptcy, or any other act or default of the depository. However, the authority may accept assignments of collateral by any depository of its funds to secure the deposits to the same extent and conditioned in the same manner as assignments of collateral are permitted by law to secure deposits of the funds consistent with the provisions of chapter 4-6A .

Source: SL 2004, ch 15, § 36.
S.D. Codified Laws § 1-26-18.5 — SD Code / Title 1 / Chapter 26 / Section 1-26-18.5
Contested case--Interpreter or translator services--Cost recovery
Status: in_force

The prevailing party in a contested case proceeding may recover expenditures, for interpreter or translator services necessarily incurred in gathering and procuring evidence or bringing the contested case, which are not otherwise covered pursuant to § 1-26-18.4 .

Source: SL 2026, ch 10, § 3.
S.D. Codified Laws § 1-32-4.1 — SD Code / Title 1 / Chapter 32 / Section 1-32-4.1
Authority to create advisory councils, committees, boards, or commissions--Governor's approval required--Filing--Compensation
Status: in_force

Only a head of department as defined by subdivision § 1-32-1(8), the Governor and the chairman of the Board of Regents may create such advisory councils, committees, boards, or commissions as may be deemed necessary and in the best interests of the State of South Dakota. However, no such advisory council, committee, board, or commission may be created without the approval of the Governor. A copy of such approval shall be filed with the secretary of state. Compensation shall be according to the provisions of § 4-7-10.4 .

Source: SL 1976, ch 21, § 1; SL 1989, ch 20, § 43.
S.D. Codified Laws § 1-6-29 — SD Code / Title 1 / Chapter 6 / Section 1-6-29
State mining museum
Status: in_force

The Black Hills Mining Museum in Lead is hereby designated as the official mining museum of South Dakota. No state funds may be provided for the operation or maintenance of the museum.

Source: SL 2014, ch 4, § 1.
S.D. Codified Laws § 1-41-15.1 — SD Code / Title 1 / Chapter 41 / Section 1-41-15.1
Qualifications of Water Management Board members
Status: in_force

One member of the Water Management Board shall be appointed to represent the public at large. One member shall be a person who holds a valid South Dakota well driller's license and is a South Dakota resident. One member shall be experienced in municipal government and operations. One member shall be experienced in irrigation methods and techniques. One member shall have knowledge of the concerns of domestic water users. One member shall be experienced in the area of industrial uses of water. One member shall represent fish and wildlife interests.

Source: SL 1979, ch 354, § 26; SL 1995, ch 11, § 1; SDCL § 1-40-16; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-19B-60 — SD Code / Title 1 / Chapter 19B / Section 1-19B-60
Application to conservation easements
Status: in_force

The provisions of §§ 1-19B-56 to 1-19B-60 , inclusive, apply to any interest created after July 1, 1984, which complies with §§ 1-19B-56 to 1-19B-60 , inclusive, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise. The provisions of §§ 1-19B-56 to 1-19B-60 , inclusive, apply to any interest created before July 1, 1984, if it would have been enforceable had it been created after July 1, 1984, unless retroactive application contravenes the Constitution or laws of this state or the United States. The provisions of §§ 1-19B-56 to 1-19B-60 , inclusive, do not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, that is enforceable under other law of this state.

Source: SL 1984, ch 280, § 5; SL 2009, ch 1, § 98.
S.D. Codified Laws § 1-11-1.1 — SD Code / Title 1 / Chapter 11 / Section 1-11-1.1
License required--Full-time--Private practice
Status: in_force

The attorney general shall be licensed to practice law in South Dakota under § 16-16-1 . The attorney general shall serve on a full - time basis and may not actively engage in the private practice of law.

Source: SDC 1939, § 55.1501 as added by SL 1968, ch 202, § 1; SL 2021, ch 4, § 1.
S.D. Codified Laws § 1-27-4.2 — SD Code / Title 1 / Chapter 27 / Section 1-27-4.2
Availability of contract through internet website or database
Status: in_force

Any contract retained pursuant to § 1-27-4.1 may be made available to the public through a publicly accessible internet website or database.

Source: SL 2009, ch 11, § 2.
S.D. Codified Laws § 1-43-14 — SD Code / Title 1 / Chapter 43 / Section 1-43-14
Cancer detection or treatment reporting requirements
Status: in_force

Any hospital licensed pursuant to chapter 34-12 , physician licensed pursuant to chapter 36-4 , physician assistant licensed pursuant to chapter 36-4A , certified nurse practitioner or certified nurse midwife licensed pursuant to chapter 36-9A , pathology laboratory, or free-standing radiology center that detects, diagnoses, or treats a cancer case in South Dakota shall submit a report to the Department of Health as required by §§ 1-43-11 to 1-43-17 , inclusive.

Source: SL 1991, ch 18, § 4; SL 2005, ch 22, § 1; SL 2017, ch 171, § 50.
S.D. Codified Laws § 1-44-30 — SD Code / Title 1 / Chapter 44 / Section 1-44-30
Rules for management of property
Status: in_force

Pursuant to chapter 1-26 , the railroad board shall adopt and publish rules to implement § 1-44-29 . The railroad board may, by board resolution, implement the provisions of § 1-44-28 and need not implement such provisions pursuant to §§ 1-26-4 to 1-26-14 , inclusive.

Source: SL 1981, ch 12, § 3; SL 1982, ch 20, § 1; SL 1987, ch 210, § 2.
S.D. Codified Laws § 1-16A-19 — SD Code / Title 1 / Chapter 16A / Section 1-16A-19
Investment of surplus funds--Maturity of securities--Manner of investment
Status: in_force

The authority may invest any funds, including funds made available to the authority pursuant to § 1-16A-75 , in the following:

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

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

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

(4) In obligations of any solvent insurance company or other corporation or business entity existing under the laws of the United States or any state thereof, provided the long term obligations of such insurance company or other corporation or business entity (or of any affiliate thereof which guarantees timely payment of the obligations to be in invested in) shall be rated in one of the two highest rating classifications established by a standard rating service of insurance companies or a nationally recognized rating agency;

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

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

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

Source: SL 1972, ch 10, § 19; SL 1977, ch 10; SL 1979, ch 7, § 1; SL 1984, ch 5, § 1; SL 1986, ch 13, § 5; SL 1988, ch 13, § 5; SL 1998, ch 7, § 1; SL 2003, ch 11, § 1.
S.D. Codified Laws § 1-55-4 — SD Code / Title 1 / Chapter 55 / Section 1-55-4
Cost recovery fees
Status: in_force

For any bad debt referred to the center for collection after July 1, 2015, the center shall collect a cost recovery fee in addition to the debt referred to the center for collection. The cost recovery fee is calculated by multiplying the principal amount of the debt referred to the center by twenty percent. All debt collection methods available to collect any bad debt referred to the center may be used by the center to collect the cost recovery fee. The cost recovery fee shall be deposited into a fund within the Bureau of Human Resources and Administration and the operations of the center shall be subject to the annual budgeting process specified in chapter 4-7 .

Source: SL 2015, ch 14, § 4; SL 2021, ch 14, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-33B-11 — SD Code / Title 1 / Chapter 33B / Section 1-33B-11
Executory contract clause--Liability of governmental unit
Status: in_force

Any guaranteed energy savings contract entered into by a governmental unit shall contain the following clause: "This contract shall be deemed executory only to the extent of the moneys appropriated and available for the purpose of the contract, and no liability on account therefor may be incurred beyond the amount of such moneys. It is understood that neither this contract nor any representation by any public employee or officer creates any legal or moral obligation to request, appropriate, or make available moneys for the purpose of this contract."

Source: SL 1992, ch 14, § 11; SL 2009, ch 1, § 122.
S.D. Codified Laws § 1-16H-25 — SD Code / Title 1 / Chapter 16H / Section 1-16H-25
Pledge by state not to impair rights and remedies of holders of bonds and notes
Status: in_force

The State of South Dakota pledges to and agrees with the holders of the revenue bonds and notes of the authority issued pursuant to this chapter that the state will not limit or decrease the rights and powers vested in the authority by this chapter so as to impair the terms of any contract made by the authority with such holders or in any way impair the rights and remedies of such holders until such revenue bonds, notes, or other instruments, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of such holders, are fully met and discharged. The authority is authorized to include these pledges and agreements of the state in any contract with the holders of revenue bonds, notes, or other instruments issued pursuant to this section.

Source: SL 2004, ch 15, § 25.
S.D. Codified Laws § 1-33B-3.9 — SD Code / Title 1 / Chapter 33B / Section 1-33B-3.9
Costs of the investment-grade energy audit
Status: in_force

A qualified energy service provider and the governmental unit shall agree on the cost of an investment-grade energy audit before it is conducted. If an investment-grade energy audit is completed, and the governmental unit does not execute an energy performance contract, the governmental unit shall pay the full costs of the investment-grade energy audit. If the governmental unit executes the energy performance contract, the cost of the investment-grade energy audit may be included in the costs of an energy performance contract or, at the discretion of the governmental unit, paid for by the governmental unit.

Source: SL 2016, ch 14, § 11.
S.D. Codified Laws § 1-16J-24 — SD Code / Title 1 / Chapter 16J / Section 1-16J-24
Intergovernmental agreements
Status: in_force

The authority may enter into intergovernmental agreements with any governmental agency or political subdivision.

Source: SL 2009, ch 8, § 24.
S.D. Codified Laws § 1-19-2.1 — SD Code / Title 1 / Chapter 19 / Section 1-19-2.1
Verendrye Memorial Commission abolished--Performance of functions
Status: in_force

The Verendrye Memorial Commission is abolished, and all its functions shall be administered by the South Dakota State Historical Society of the Department of Education.

Source: SL 1973, ch 2, § 254 (b); SL 2003, ch 272 (Ex. Ord. 03-1), § 80; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1 ), §§ 19, 21, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-16J-26 — SD Code / Title 1 / Chapter 16J / Section 1-16J-26
Powers not limited or created
Status: in_force

Nothing in this chapter limits any power granted to any municipality or county government nor creates any police or taxing power in the authority.

Source: SL 2009, ch 8, § 26.
S.D. Codified Laws § 1-33B-2 — SD Code / Title 1 / Chapter 33B / Section 1-33B-2
Energy conservation measure defined--Inclusions--Limitation
Status: in_force

For the purposes of this chapter, the term, energy conservation measure, means a training program or facility alteration intended to reduce either energy consumption or operating costs, or both, or increase operating revenues through the generation of energy, renewable energy, or improved metering technology, including the following:

(1) Insulation of the building or any structure associated with the building;

(2) Window or door replacement, weather stripping, or modifications that reduce energy consumption;

(3) Automated or computerized energy control systems;

(4) Replacement or modification to increase the energy efficiency of the lighting, heating, air conditioning, or ventilating systems;

(5) Energy recovery or cogeneration systems;

(6) Repair or maintenance items, when included in energy efficiency improvements of the building, if overall measures meet the fifteen-year payback as provided in § 1-33B-3.11 ;

(7) Energy source conversions which provide either operational or energy cost savings, or both; and

(8) Other energy or utility-related improvements in facilities, systems, or technology that improve energy or metering efficiency or increase operating revenues through the generation of energy, renewable energy, or improved metering technology.

Nothing in this section addresses the relationship between an electric utility and its customer under a proposed energy exchange contract, where the customer seeks status as a qualifying facility under the Public Utility Regulatory Policies Act of 1978, as defined by 18 CFR Part 292, Subpart B, as it existed on January 1, 2005.

Source: SL 1992, ch 14, § 2; SL 2005, ch 20, § 1; SL 2021, ch 11, § 1.
S.D. Codified Laws § 1-16A-88 — SD Code / Title 1 / Chapter 16A / Section 1-16A-88
Bonds or certificates of participation not secured for payment by proceeds of irrepealable tax levies
Status: in_force

Any revenue bond, certificate of participation or other instrument which is not directly or indirectly secured for payment of principal and interest by the proceeds of irrepealable tax levies shall state on its face that it is not secured for payment by irrepealable tax levies of the state or any political subdivision, that it is payable only out of certain specified funds or revenues therein described and that it does not constitute a debt or liability of the state or any political subdivision.

Source: SL 1991, ch 11, § 12.
S.D. Codified Laws § 1-26-7 — SD Code / Title 1 / Chapter 26 / Section 1-26-7
Records retained--Copies--Public inspection of current rules
Status: in_force

Each agency shall keep the original records, documents, and instruments required by this chapter and shall make copies of all records, documents, and exhibits available to members of the Legislature upon request. The secretary of state shall keep a copy of the agency's current rules and the certificates pertaining thereto, which shall be open to public inspection.

Source: SDC 1939, §§ 55.1203, 65.0106; SL 1966, ch 159, § 4 (1); SL 1972, ch 8, § 12; SL 1974, ch 16, § 7; SL 1975, ch 16, § 20; SL 2009, ch 9, § 7.
S.D. Codified Laws § 1-1-2.5 — SD Code / Title 1 / Chapter 1 / Section 1-1-2.5
Concurrent federal jurisdiction--Federal Prison Camp
Status: in_force

Pursuant to § 1-1-1 , the people of this State, as expressed by their Legislature, hereby grants, to the United States, concurrent jurisdiction over those lands in Yankton County, South Dakota, known as the Federal Prison Camp. This grant of concurrent jurisdiction shall continue only so long as the United States owns and occupies such lands for such purposes and does not constitute a waiver of any state or local jurisdiction that the state or any local government may choose to exercise concurrently with federal jurisdiction.

Source: SL 1998, ch 4, § 1.
S.D. Codified Laws § 1-36A-11 — SD Code / Title 1 / Chapter 36A / Section 1-36A-11
Registry of certified interpreters
Status: in_force

The Department of Human Services shall maintain, and publish, and make available upon request a registry of all certified interpreters and their respective levels of qualification.

Source: SL 1987, ch 25, § 1; SL 1992, ch 17, § 1; SL 1993, ch 21, § 2; SL 1996, ch 17, § 1; SL 1997, ch 14, § 2; SL 2001, ch 14, § 1; SL 2006, ch 6, § 7.
S.D. Codified Laws § 1-19B-51 — SD Code / Title 1 / Chapter 19B / Section 1-19B-51
Maintenance and repairs not changing appearance permitted--Correction of unsafe conditions
Status: in_force

Nothing in this chapter prevents the ordinary maintenance or repair of any exterior feature in an historic district which does not involve a change in design, material, color, or outer appearance thereof, nor prevents the construction, reconstruction, alteration, restoration, or demolition of any such feature which the building inspector or similar official shall certify is required by the public safety because of an unsafe or dangerous condition.

Source: SL 1974, ch 21, § 12; SL 2009, ch 1, § 95.
S.D. Codified Laws § 1-33B-13 — SD Code / Title 1 / Chapter 33B / Section 1-33B-13
Termination of contract--Notice--Return of equipment or improvement
Status: in_force

If the governmental entity, determines not to appropriate funds for contract payments for any contractual term, the governmental entity may terminate the contract at the end of the term in effect. After giving notice of termination, no governmental entity is obligated to make payments under the contract beyond those agreed to for the contractual term in effect. The governmental entity shall deliver notice to terminate the contract to the qualified provider at least ninety days prior to the end of the term. The governmental entity shall peaceably deliver any equipment or improvement purchased under the contract to the qualified provider subject to reasonable terms and conditions agreed upon by both parties.

Source: SL 1992, ch 14, § 13.
S.D. Codified Laws § 1-16A-70 — SD Code / Title 1 / Chapter 16A / Section 1-16A-70
Health education assistance loan program--Repayment fund created
Status: in_force

There is created a separate trust fund designated the South Dakota health education loan repayment fund consisting of all revenues with respect to HEAL loans funded under this chapter. The authority may pledge revenues received or to be received by the fund to secure bonds, notes or other obligations issued under § 1-16A-67 . The authority may create sub - funds or accounts within the repayment fund created under this section as the authority deems necessary or advisable.

Source: SL 1982, ch 10, § 9.
S.D. Codified Laws § 1-16J-10 — SD Code / Title 1 / Chapter 16J / Section 1-16J-10
Suit to compel performance by holder of revenue bonds, notes, or other instruments issued by authority
Status: in_force

Any holder of any revenue bonds, notes, or other instruments issued by the authority may bring suits at law or proceedings in equity to compel the performance and observance by any person or by the authority or any of its agents or employees of any contract or covenant made with the holders of such revenue bonds, notes, or other instruments, to compel such person or the authority or any of its agents or employees to perform any duties required to be performed for the benefit of the holders of any such revenue bonds, notes, or other instruments by the provision of the resolution authorizing their issuance and to enjoin such person or the authority or any of its agents or employees from taking any action in conflict with any such contract or covenant.

Source: SL 2009, ch 8, § 10.
S.D. Codified Laws § 1-10-5 — SD Code / Title 1 / Chapter 10 / Section 1-10-5
Teen court grant program established--Purpose
Status: in_force

The teen court grant program is hereby established in the Office of the State Treasurer. The purpose of the grant program is to support the development, growth, quality, and continuation of teen court programs in South Dakota through grants awarded by the South Dakota Teen Court Association.

Source: SL 2007, ch 3, § 1, eff. Mar. 16, 2007.
S.D. Codified Laws § 1-50-1 — SD Code / Title 1 / Chapter 50 / Section 1-50-1
State emergency response commission--Membership--Compensation and reimbursement
Status: in_force

There is created the South Dakota State Emergency Response Commission. The commission shall consist of ten members. The secretary of the Department of Agriculture and Natural Resources, the secretary of the Department of Transportation, the director of the Division of Emergency and Disaster Services, and the secretary of public safety or their designees shall be members. Six members shall be appointed by the Governor and shall serve at the pleasure of the Governor. One of the six members appointed by the Governor shall be a member of the chemical industry, one shall be an elected or appointed member of a political subdivision, one shall be actively engaged in an agricultural business, one shall be a health professional, one shall be a member of a fire department, and one shall be a member of a local emergency planning committee. A majority is a quorum and a majority of a quorum may take official action. The commission shall receive per diem compensation and allowable expense reimbursement in an amount set pursuant to § 4-7-10.4 for all time actually spent while attending commission meetings. However, no per diem may be paid to commission members who are state employees. Per diem compensation and expense reimbursement shall be paid from funds appropriated to the Department of Agriculture and Natural Resources.

Source: SL 1991, ch 14, § 1; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2003, ch 272 (Ex. Ord. 03-1), § 105; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 52, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-27-33 — SD Code / Title 1 / Chapter 27 / Section 1-27-33
Specific public access or confidentiality provisions not superseded by chapter provisions
Status: in_force

The provisions of this chapter do not supersede more specific provisions regarding public access or confidentiality elsewhere in state or federal law.

Source: SL 2004, ch 25, § 6
S.D. Codified Laws § 1-16H-18 — SD Code / Title 1 / Chapter 16H / Section 1-16H-18
Investment of funds
Status: in_force

The authority may invest any funds not needed for immediate investment in the following:

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

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

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

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

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

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

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

Source: SL 2004, ch 15, § 18.
S.D. Codified Laws § 1-46A-4 — SD Code / Title 1 / Chapter 46A / Section 1-46A-4
Veterans Home transferred
Status: transferred

The State Veterans Home created by chapter 33A-4 and its functions in the former Department of Military and Veterans Affairs are transferred to the Department of Veterans Affairs created by Executive Reorganization Order 2011-01. The secretary of veterans affairs shall perform the functions of the former secretary of the Department of Military and Veterans Affairs, relating to the State Veterans Home.

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 24, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-16H-24 — SD Code / Title 1 / Chapter 16H / Section 1-16H-24
Pledge or assignment of or lien on or security interest in revenues, funds, or accounts
Status: in_force

The revenue bonds or notes shall be secured as provided in the authorizing resolution which may, notwithstanding any other provision of this chapter, include in addition to any other security a specific pledge or assignment of and lien on or security interest in any or all revenues or money of the authority from whatever source which may by law be used for debt service purposes and a specific pledge or assignment of and lien on or security interest in any funds or accounts established or provided for by resolution of the authority authorizing the issuance of such revenue bonds, notes, or other instruments. Any pledge made by the authority of revenues or other moneys received or to be received by the authority pursuant to an agreement with a governmental agency relating to a project to pay revenue bonds, notes, or other evidences of indebtedness of the authority is binding from the time the pledge is made. Revenues and other moneys received or to be received by the authority pursuant to an agreement with a governmental agency relating to a project so pledged to pay revenue bonds, notes, or other evidences of indebtedness of the authority shall be held outside of the state treasury and in the custody of the authority or a trustee or a depository appointed by the authority. Revenues or other moneys received or to be received by the authority pursuant to an agreement with a governmental agency relating to a project so pledged to pay revenue bonds, notes, or other evidences of indebtedness of the authority and thereafter received by the authority or such trustee or depository is immediately subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any pledge is binding against all parties having claims of any kind of tort, contract, or otherwise against the authority or the State of South Dakota, irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be filed or recorded except in the records of the authority.

Source: SL 2004, ch 15, § 24, eff. Feb. 11, 2004; SL 2009, ch 1, § 26.
S.D. Codified Laws § 1-6-16.3 — SD Code / Title 1 / Chapter 6 / Section 1-6-16.3
State musical instrument
Status: in_force

The fiddle is hereby designated as the official state musical instrument of the State of South Dakota.

Source: SL 1989, ch 6.
S.D. Codified Laws § 1-53-31 — SD Code / Title 1 / Chapter 53 / Section 1-53-31
Powers delegated to secretary of agriculture of United States
Status: in_force

The authority contained in §§ 1-53-26 to 1-53-29 , inclusive, may be delegated to the secretary of agriculture of the United States with respect to funds or assets authorized to be administered and used by him under agreements entered into pursuant to § 1-53-24 .

Source: SL 1951, ch 4, § 5; SDC Supp 1960, § 4.0119; SL 1961, ch 2, § 2; SDCL § 38-6-9 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 50, eff. Apr. 14, 2019.