S.D. Codified Laws § 34-48A-54 — SD Code / Title 34 / Chapter 48A / Section 34-48A-54
State and Province Emergency Management Assistance Memorandum of Understanding
Status: in_force

The State and Province Emergency Management Assistance Memorandum of Understanding is hereby enacted into law and entered into by the State of South Dakota with all other states legally joining the agreement, in the form substantially as follows:

The State and Province Emergency Management Assistance Memorandum of Understanding, hereinafter referred to as the compact, is made and entered into by and among such of the jurisdictions as shall enact or adopt this compact, hereinafter referred to as participating jurisdictions. For the purposes of this compact, the term, jurisdictions, may include any or all of the states of Illinois, Indiana, Ohio, Michigan, Minnesota, Montana, North Dakota, Pennsylvania, New York, and Wisconsin, and the Canadian Provinces of Alberta, Manitoba, Ontario, and Saskatchewan, and such other states and provinces as may hereafter become a party to this compact. The term, states, means the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all territorial possessions of the United States. The term, province, means the ten political units of government within Canada.

The purpose of this compact is to provide for the possibility of mutual assistance among the participating jurisdictions in managing any emergency or disaster when the affected jurisdiction or jurisdictions ask for assistance, whether arising from natural disaster, technological hazard, manmade disaster, or civil emergency aspects of resource shortages. This compact also provides for the process of planning mechanisms among the agencies responsible and for mutual cooperation, including civil emergency preparedness exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by participating jurisdictions or subdivisions of participating jurisdictions during emergencies, with such actions occurring outside emergency periods.

Each participating jurisdiction entering into this compact recognizes that many emergencies may exceed the capabilities of a participating jurisdiction and that inter-governmental cooperation is essential in such circumstances. Each participating jurisdiction further recognizes that there will be emergencies that may require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency because few, if any, individual jurisdictions have all the resources they need in all types of emergencies or the capability of delivering resources to areas where emergencies exist. On behalf of the participating jurisdictions in the compact, the legally designated official who is assigned responsibility for emergency management is responsible for formulation of the appropriate inter-jurisdictional mutual aid plans and procedures necessary to implement this compact, and for recommendations to the participating jurisdiction concerned with respect to the amendment of any statutes, regulations, or ordinances required for that purpose.

(a) FORMULATE PLANS AND PROGRAMS -- It is the responsibility of each participating jurisdiction to formulate procedural plans and programs for inter-jurisdictional cooperation in the performance of the responsibilities listed in this section. In formulating and implementing such plans and programs the participating jurisdictions, to the extent practical, may:

(1) Share and review individual jurisdiction hazards analyses that are available and determine all those potential emergencies the participating jurisdictions might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster or emergency aspects of resource shortages;

(2) Share emergency operations plans, procedures, and protocols established by each of the participating jurisdictions before entering into this compact;

(3) Share policies and procedures for resource mobilization, tracking, demobilization, and reimbursement;

(4) Consider joint planning, training, and exercises;

(5) Assist with alerts, notifications, and warnings for communities adjacent to or crossing participating jurisdiction boundaries;

(6) Consider procedures to facilitate the movement of evacuees, refugees, civil emergency personnel, equipment, or other resources into or across boundaries, or to a designated staging area when it is agreed that such movement or staging will facilitate civil emergency operations by the affected or participating jurisdictions; and

(7) Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that impede the implementation of responsibilities described in this section.

(b) REQUEST ASSISTANCE -- The authorized representative of a participating jurisdiction may request assistance of another participating jurisdiction by contacting the authorized representative of that jurisdiction. These provisions only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request must be confirmed in writing within fifteen days of the verbal request. Requests must provide the following information:

(1) A description of the emergency service function for which assistance is needed and of the mission or missions, including fire services, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue;

(2) The amount and type of personnel, equipment, materials, and supplies needed and a reasonable estimate of the length of time they will be needed; and

(3) The specific place and time for staging of the assisting participating jurisdiction's response and a point of contact at the location.

(c) CONSULTATION AMONG PARTICIPATING JURISDICTION OFFICIALS -- There shall be periodic consultation among the authorized representatives who have assigned emergency management responsibilities.

It is recognized that any participating jurisdiction that agrees to render mutual aid or conduct exercises and training for mutual aid will respond as soon as possible. It is also recognized that the participating jurisdiction rendering aid may withhold or recall resources to provide reasonable protection for itself, at its discretion. To the extent authorized by law, each participating jurisdiction will afford to the personnel of the emergency contingent of any other participating jurisdiction while operating within its jurisdiction limits under the terms and conditions of this agreement and under the operational control of an officer of the requesting participating jurisdiction the same treatment as is afforded similar or like human resources of the participating jurisdiction in which they are performing emergency services. Staff comprising the emergency contingent continue under the command and control of their regular leaders but the organizational units come under the operational control of the emergency services authorities of the participating jurisdiction receiving assistance. These conditions may be activated, as needed, by the participating jurisdiction that is to receive assistance or upon commencement of exercises or training for mutual aid and continue as long as the exercises or training for mutual aid are in progress, the emergency or disaster remains in effect, or loaned resources remain in the receiving participating jurisdictions, whichever is longer. The receiving participating jurisdiction is responsible for informing the assisting participating jurisdiction when services will no longer be required.

Whenever a person holds a license, certificate, or other permit issued by any participating jurisdiction evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving participating jurisdiction, such person is deemed to be licensed, certified, or permitted by the jurisdiction requesting assistance to render aid involving such skill to meet an emergency or disaster, subject to such limitations and conditions as the requesting jurisdiction prescribes by executive order or otherwise.

Any person or entity of a participating jurisdiction rendering aid in another jurisdiction pursuant to this compact is considered an agent of the requesting jurisdiction for tort liability and immunity purposes. Any person or entity rendering aid in another jurisdiction pursuant to this compact is not liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article does not include willful misconduct, gross negligence, or recklessness.

Because it is probable that the pattern and detail of the compact for mutual aid among two or more participating jurisdictions may differ from that among the participating jurisdictions that are party to this compact, this compact contains elements of a broad base common to all participating jurisdictions, and nothing in this compact precludes any participating jurisdiction from entering into supplementary agreements with another jurisdiction or affects any other agreements already in force among participating jurisdictions. Supplementary agreements may include provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, public utility, reconnaissance, welfare, transportation and communications personnel, equipment, and supplies.

Each participating jurisdiction shall provide, in accordance with its own laws, for the payment of workers' compensation and death benefits to injured members of the emergency contingent of that participating jurisdiction and to representatives of deceased members of those forces if the members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own jurisdiction.

Any participating jurisdiction rendering aid in another jurisdiction pursuant to this compact shall, if requested, be reimbursed by the participating jurisdiction receiving such aid for any loss or damage to, or expense incurred in, the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with those requests. An aiding participating jurisdiction may assume in whole or in part any such loss, damage, expense, or other cost or may loan such equipment or donate such services to the receiving participating jurisdiction without charge or cost. Any two or more participating jurisdictions may enter into supplementary agreements establishing a different allocation of costs among those jurisdictions. Expenses under Article VIII are not reimbursable under this section.

(a) This compact is effective upon its execution or adoption by any one state and one province, and is effective as to any other jurisdiction upon its execution or adoption thereby: subject to approval or authorization by the United States Congress, if required, and subject to enactment of provincial or state legislation that may be required for the effectiveness of the memorandum of understanding.

(b) Additional jurisdictions may participate in this compact upon execution or adoption of the compact.

(c) Any participating jurisdiction may withdraw from this compact, but the withdrawal does not take effect until thirty days after the governor or premier of the withdrawing jurisdiction has given notice in writing of such withdrawal to the governors or premiers of all other participating jurisdictions. The action does not relieve the withdrawing jurisdiction from obligations assumed under this compact prior to the effective date of withdrawal.

(d) Duly authenticated copies of this compact in the French and English languages and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the participating jurisdictions.

This compact is construed to effectuate the purposes stated in Article I. If any provision of this compact is declared unconstitutional or the applicability of the compact to any person or circumstances is held invalid, the validity of the remainder of this compact and the applicability of the compact to other persons and circumstances are not affected.

The validity of the arrangements and agreements consented to in this compact may not be affected by any insubstantial difference in form or language as may be adopted by the various states and provinces.

Source: SL 2018, ch 210, § 1.
S.D. Codified Laws § 34-48A-35 — SD Code / Title 34 / Chapter 48A / Section 34-48A-35
Scope of rules
Status: in_force

The Department of Public Safety may promulgate rules pursuant to chapter 1-26 concerning:

(1) The establishment of minimum standards of local effort to obtain financial assistance under this chapter and the procedures for obtaining such assistance;

(2) The establishment of compensation levels for emergency management workers under subdivision 34-48A-22(3); and

(3) The standards and procedures for providing benefits under the Disaster Relief Act of 1974, as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988.

Source: SL 1969, ch 247, § 5; SL 1977, ch 271, § 17; SL 1980, ch 26, § 26; SL 1986, ch 272, § 18; SL 1992, ch 236, § 11; SL 2003, ch 272 (Ex. Ord. 03-1), § 113; SDCL § 33-15-24.8 .
S.D. Codified Laws § 34-20F-4 — SD Code / Title 34 / Chapter 20F / Section 34-20F-4
Sale to person under age twenty-one prohibited--Violation as misdemeanor
Status: in_force

No retailer may willfully and knowingly supply, deliver, give possession, or sell any amount of loose leaf incense to a person under twenty-one years of age. A violation of this is a Class 1 misdemeanor.

Source: SL 2012, ch 185, § 3, eff. Mar. 2, 2012.
S.D. Codified Laws § 34-49-5 — SD Code / Title 34 / Chapter 49 / Section 34-49-5
Retention of test reports--Copies to be made available--Civil penalty for violation
Status: in_force

Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years and shall make copies of these reports available to the state fire marshal and the attorney general upon written request. Any manufacturer who fails to make copies of these reports available within sixty days of receiving a written request is subject to a civil penalty by the state fire marshal not to exceed ten thousand dollars for each day after the sixtieth day that the manufacturer does not make the copies available.

Source: SL 2009, ch 172, § 5, eff. Jan. 1, 2011.
S.D. Codified Laws § 34-1-2.2 — SD Code / Title 34 / Chapter 1 / Section 34-1-2.2
Public Health Advisory Committee abolished--Performance of functions
Status: in_force

The Public Health Advisory Committee is abolished, and its functions set forth in §§ 34-1-16 , 34-1-16.1 , 34-1-17 , 34-1-20 , 34-1-21 , 34-1-26 , and 34-1-27 are transferred to the State Department of Health.

Source: SL 1980, ch 371 (Ex. Ord. 80-6), § 17.
S.D. Codified Laws § 34-10-10 — SD Code / Title 34 / Chapter 10 / Section 34-10-10
Annexation of territory by district--Petition, hearing, and order
Status: in_force

The boundaries of any public hospital district may be altered and outlying districts annexed from territory contiguous thereto in the following manner: a petition signed by sixty percent of the resident electors within the territory proposed to be annexed, designating the boundaries of such contiguous territory proposed to be annexed and asking that it be annexed to said public hospital district, shall be presented to the board of trustees. At the first regular meeting after the presentation of said petition, said board shall cause notice of said petition to be published in two successive issues of an official newspaper published in each county in which said district is situated prior to the date fixed by the board for a hearing of said petition, which date shall not be less than four weeks after the filing of such petition.

Upon the date fixed for such hearing or continuance thereof, said board shall take up and consider said petition and any objections which may be filed to the inclusion of any additional area or territory in said district. Said board shall have the power by order entered on its minutes to grant or deny said petition, and by order entered on its minutes to alter the boundaries of said hospital district and to annex thereto said area or territory described in said petition. This territory shall become and be a part of such public hospital district and shall be subject to the tax authorized by this chapter, together with the preexisting area of said district.

Source: SL 1959, ch 135, § 17; SDC Supp 1960, § 27.19B17.
S.D. Codified Laws § 34-23-1 — SD Code / Title 34 / Chapter 23 / Section 34-23-1
Syphilis, gonorrhea, and chancroid--Intentional exposure of another as misdemeanor
Status: in_force

Syphilis, gonorrhea, and chancroid are designated to be venereal diseases and are contagious, infectious, communicable, and dangerous to the public health. Any person infected with a venereal disease under this section who intentionally exposes another person to infection of that venereal disease is guilty of a Class 1 misdemeanor.

Source: SL 1919, ch 284, § 1; SDC 1939, § 27.2401; SL 1977, ch 190, § 61; SL 2018, ch 204, § 1.
S.D. Codified Laws § 34-36-6 — SD Code / Title 34 / Chapter 36 / Section 34-36-6
Violation or interference with enforcement as misdemeanor
Status: in_force

Any person who violates the rules and regulations adopted pursuant to this chapter, or who fails or refuses to observe an order for the enforcement of said rules and regulations or who hinders, delays, or interferes with any officer charged with the enforcement of this chapter in the performance of his duty, is guilty of a Class 1 misdemeanor.

Source: SL 1969, ch 229, § 4; SL 1977, ch 190, § 100.
S.D. Codified Laws § 34-20-14 — SD Code / Title 34 / Chapter 20 / Section 34-20-14
Sale of misbranded rodenticides and insecticides as misdemeanor--Statements constituting misbranding
Status: in_force

It is a Class 2 misdemeanor for any person, firm, or corporation to sell, offer, expose, or keep in possession for sale or delivery in this state any mouse, rat, gopher, rodent, insect, or other poison or preparation intended for use in destroying the life of lower animals, which is misbranded. Such poisons or preparations shall be misbranded, for the purposes of this section, if the package or label shall bear any statement, design, or device regarding such substance, or the ingredients contained therein, which shall be false, deceptive, or misleading in any particular, either as to the substance itself or as to any property of the substance; or if it shall fail to bear the name and address of the manufacturer or distributor of such poison or preparation.

Source: SL 1935, ch 114, § 2; SDC 1939, § 22.1203; SL 1977, ch 190, § 43.
S.D. Codified Laws § 34-3-18 — SD Code / Title 34 / Chapter 3 / Section 34-3-18
Health officer and personnel for full-time department
Status: in_force

Full - time county and district boards of health shall employ a full - time health officer whose term of office shall be four years, and such other personnel as may be determined by the State Department of Health to be needed to efficiently carry on the work of the county or district department.

Source: SL 1953, ch 129, § 11; SDC Supp 1960, § 27.18A11.
S.D. Codified Laws § 34-12F-5 — SD Code / Title 34 / Chapter 12F / Section 34-12F-5
Effect of compliance with directive on criminal prosecution of person otherwise criminally charged
Status: in_force

Compliance by any emergency medical service personnel, health care provider, or health care facility with an EMS cardiopulmonary resuscitation directive does not affect the criminal prosecution of any person otherwise charged with the commission of a criminal act.

Source: SL 2004, ch 226, § 5; SL 2005, ch 183, § 5.
S.D. Codified Laws § 34A-10-4 — SD Code / Title 34A / Chapter 10 / Section 34A-10-4
Appointment of master or referee--Qualifications
Status: in_force

The court may appoint a master or referee, who shall be a disinterested person and technically qualified, to take testimony and make a record and a report of his or her findings to the court in the action.

Source: SL 1973, ch 144, § 4 (2); SDCL Supp, § 21-10A-4; SL 2011, ch 165, § 141.
S.D. Codified Laws § 34-23A-7.1 — SD Code / Title 34 / Chapter 23A / Section 34-23A-7.1
Abortion without notification--Participation and representation of female--Confidentiality--Appeal of denial
Status: in_force

In any proceeding pursuant to subdivision 34-23A-7(1) or 34-23A-7(3), the pregnant female may participate in proceedings in the court on her own behalf, and the court may appoint a guardian ad litem for her. The court shall, however, advise her that she has a right to court- appointed counsel and shall, upon her request, provide her with such counsel. Proceedings in the court under subdivision 34-23A-7(1) or 34-23A-7(3) shall be confidential and shall be given such precedence over other pending matters so that the court may reach a decision promptly and without delay so as to serve the best interests of the pregnant female. A judge of the court who conducts proceedings under subdivision 34-23A-7(1) or 34-23A-7(3) shall make in writing specific factual findings and legal conclusions supporting the decision and shall order a record of the evidence to be maintained including the judge's own findings and conclusions.

An expedited confidential appeal shall be available to any such pregnant female for whom the court denies an order authorizing an abortion without notification. An order authorizing an abortion without notification is not subject to appeal. No filing fees are required of any such pregnant female at either the trial or the appellate level. Access to the trial court for the purposes of such a petition or motion, and access to the appellate courts for purposes of making an appeal from denial of the same, shall be afforded such a pregnant female twenty-four hours a day, seven days a week. Notwithstanding any other provision of law, all pleadings, papers, and other documents filed pursuant to this section are confidential, are not public records, and are not open for inspection by any member of the public for any purpose.

Source: SL 1997, ch 204, § 3; SL 2005, ch 189, § 2.
S.D. Codified Laws § 34A-5-38 — SD Code / Title 34A / Chapter 5 / Section 34A-5-38
Rates and charges for retirement of bonds in lieu of special assessment certificates--Financing of improvements
Status: in_force

If bonds are issued in lieu of special assessment certificates in accordance with the provisions of chapter 9-43 , the sanitary district board of trustees may provide that rates and charges shall be fixed and from time to time revised to produce net revenues at all times sufficient, with special assessments and interest pledged to the bond fund and actually collected and received in the bond fund, to pay all principal and interest when due on the bonds and to create and maintain such further reserves for the security of the bonds as may be agreed in the resolutions authorizing the bonds. Bonds issued and secured as authorized in this section may be designated as special assessment and revenue bonds, and may be issued to finance an improvement or a group of improvements to the facilities of the district, if any portion of the cost of the improvement is to be paid by the levy of special assessments.

Source: SDC Supp 1960, § 45.3815 (8) as added by SL 1964, ch 144, § 7; SDCL § 34-17-31; SL 2011, ch 165, § 98.
S.D. Codified Laws § 34-8-4.1 — SD Code / Title 34 / Chapter 8 / Section 34-8-4.1
Additions to hospitals--Revenue bonds authorized
Status: in_force

The county commissioners of any county operating a county hospital which was established pursuant to the vote of the people shall have the authority to construct and equip improvements and additions thereto and for that purpose may borrow money and issue negotiable bonds without pledging or using the credit of such county for their payment, in lieu of or in addition to any bonds issued pursuant to § 34-8-2 . Such bonds as so issued shall be paid exclusively from the revenues derived from furnishing care and treatment to patients using such hospital and additions thereto. All the provisions of chapter 9-40 , dealing with municipal utility revenue bonds, insofar as applicable are applicable to revenue bonds issued under the provisions of this section.

Source: SL 1970, ch 195; SL 1982, ch 258, § 5.
S.D. Codified Laws § 34A-17-14 — SD Code / Title 34A / Chapter 17 / Section 34A-17-14
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.) but does not modify, limit, or supersede Section 101 of that Act (15 U. S.C. 7001(a)) or authorize electronic delivery of any of the notices described in Section 103 of that Act (15 U.S.C. 7003(b)).

Source: SL 2005, ch 196, § 14.
S.D. Codified Laws § 34-5-11 — SD Code / Title 34 / Chapter 5 / Section 34-5-11
Investigations by secretary--Right of entry
Status: in_force

The secretary shall have the authority to investigate all known disasters or situations that may have resulted in distressed food pursuant to § 34-5-10 . This authority shall include the right, at any reasonable time, to enter any facility or area, to examine merchandise, records, and equipment.

Source: SL 1974, ch 241, § 3.
S.D. Codified Laws § 34A-12-3 — SD Code / Title 34A / Chapter 12 / Section 34A-12-3
Regulated substance response fund established--Purpose--Source of funds--Continuous appropriation--Informational budget--Annual legislative review
Status: in_force

There is hereby established in the state treasury an operating fund to be known as the regulated substance response fund for the purpose of providing funds for the clean up of regulated substance discharges. Funds from the following sources shall be deposited into the response fund:

(1) Direct appropriations to the response fund from the general fund;

(2) Money, other than criminal fines assessed in criminal actions, recovered by the state in any action or administrative proceeding based upon violation of the state's environmental statutes or upon damage to the environment, including actions for administrative expense recoveries, civil penalties, compensatory damages, and money paid pursuant to any agreement, stipulation, or settlement in such actions or proceedings;

(3) Interest attributable to investment of the money in the response fund;

(4) Money received by the department in the form of gifts, grants, reimbursements, or appropriations from any source intended to be used for the purposes of the response fund.

All money in the response fund is continuously appropriated for the purposes specified in § 34A-12-4 . All money received by the department for the response fund shall be set forth in an informational budget pursuant to § 4-7-7.2 and be annually reviewed by the Legislature.

Source: SL 1988, ch 291, § 4; SL 2021, ch 163, § 6.
S.D. Codified Laws § 34-23A-1.1 — SD Code / Title 34 / Chapter 23A / Section 34-23A-1.1
Attempt to perform abortion defined
Status: in_force

For the purposes of this chapter, an attempt to perform an abortion is an act or omission that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in South Dakota.

Source: SL 1993, ch 249, § 1A.
S.D. Codified Laws § 34-20G-5 — SD Code / Title 34 / Chapter 20G / Section 34-20G-5
Practitioners not subject to arrest, prosecution, penalty, or discipline for certain conduct
Status: in_force

(1) Issuing a written certification to a patient with whom the practitioner does not have a bona fide practitioner-patient relationship; or

(2) Failing to properly evaluate a patient's medical condition.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
S.D. Codified Laws § 34-16-25 — SD Code / Title 34 / Chapter 16 / Section 34-16-25
Removal of putrid substances by county board
Status: in_force

The county board of health, within the territorial limits of its county not included in any first or second class municipality having its own board of health, may remove or cause to be removed any dead, decaying, or putrid body, or any decayed, putrid, or other substance that may endanger the health of persons or domestic animals.

Source: SL 2002, ch 168, § 9.
S.D. Codified Laws § 34-37-10.4 — SD Code / Title 34 / Chapter 37 / Section 34-37-10.4
Signs stating minimum distance for igniting fireworks--Igniting fireworks within minimum distance as misdemeanor
Status: in_force

At any location where consumer fireworks are being offered for sale the licensee shall prominently post a sign that states no fireworks may be ignited or used within three hundred feet of the licensee's premises. A person is guilty of a Class 1 misdemeanor if the person ignites or uses any fireworks within three hundred feet of a location under this section.

Source: SL 1971, ch 207, § 5; SL 2019, ch 154, § 12, eff. Mar. 20, 2019.
S.D. Codified Laws § 34-31A-3 — SD Code / Title 34 / Chapter 31A / Section 34-31A-3
Inclusion of municipality in district
Status: in_force

Any municipality located within the area, whether the municipality has a fire department or not, may be included in the rural fire district if twenty percent of the landowners within the municipality who are also registered voters within the municipality sign a separate petition from that municipality, or if the governing body of the municipality establishes intent by passing a resolution so indicating.

Source: SL 1971, ch 208, § 1; SL 1973, ch 226, § 2; SL 1992, ch 60, § 2; SL 1998, ch 36, § 29; SL 2002, ch 144, § 5.
S.D. Codified Laws § 34-35-2 — SD Code / Title 34 / Chapter 35 / Section 34-35-2
Tax levy to defray expenses of fireguards
Status: in_force

The electors at the annual meeting may vote a tax, in addition to the amount levied for other purposes, upon the real property, including railroads within the area, embraced by the fireguards, for the purpose of defraying the necessary expenses of the fireguards.

Source: SL 1893, ch 91, § 1; RPolC 1903, § 1131; SL 1905, ch 111; SL 1915, ch 193; RC 1919, § 6128; SDC 1939, § 58.1001; SL 2014, ch 48, § 22.
S.D. Codified Laws § 34A-2-82 — SD Code / Title 34A / Chapter 2 / Section 34A-2-82
Acceptance of grants for water pollution control
Status: in_force

The secretary shall accept grants from the federal government and from other sources to carry out the provisions of this chapter.

Source: SL 1973, ch 280, § 6 (10); SDCL Supp, § 46-25-98.
S.D. Codified Laws § 34-24-17 — SD Code / Title 34 / Chapter 24 / Section 34-24-17
Screening of newborn infants for metabolic, inherited, and genetic disorders
Status: in_force

Each infant born in South Dakota shall be screened for metabolic, inherited, and genetic disorders. This screening shall be as prescribed by the Department of Health.

Source: SL 1973, ch 233, § 2; SL 1990, ch 170, § 8; SL 2015, ch 185, § 1.
S.D. Codified Laws § 34-47-1 — SD Code / Title 34 / Chapter 47 / Section 34-47-1
Consolidation of rural fire protection district and ambulance district--Vote on consolidation
Status: in_force

The board of directors of a rural fire protection district created pursuant to chapter 34-31A and the board of directors of an ambulance district created pursuant to chapter 34-11A may consolidate a rural fire protection district and an ambulance district provided the boundaries of both districts are the same and the boundaries of the resulting emergency services district remain the same. Each board of directors shall place the question of consolidation before the voters of each district at a regular meeting of the district or at a special meeting called for that purpose.

Source: SL 1995, ch 202, § 1.
S.D. Codified Laws § 34A-2-79 — SD Code / Title 34A / Chapter 2 / Section 34A-2-79
Remedies under chapter alternative to remedies under other law
Status: in_force

A purpose of this chapter is to provide additional and cumulative remedies to prevent, abate, and control the pollution of state waters. Nothing in this chapter abridges or alters any rights or action of remedies in equity or under the common law or statutory law, criminal or civil, nor may any provision of this chapter be construed as estopping the state or any municipality or person as owners of water rights or otherwise in the exercise of their rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution.

Source: SL 1973, ch 280, § 14 (5); SDCL Supp, § 46-25-95; SL 2011, ch 165, § 53.
S.D. Codified Laws § 34A-6-81 — SD Code / Title 34A / Chapter 6 / Section 34A-6-81
Solid waste management disposal fee--Calculation
Status: in_force

There is hereby imposed a solid waste management fee of a one dollar per ton for all municipal solid waste disposed of at a landfill facility. The fee shall be imposed upon the generator as a surcharge by the operator of the landfill facility at the time of disposal. The fee shall be calculated based upon actual disposal weight or if actual weight is not available each person served by the facility shall be considered to generate eight - tenths of a ton per year. Facilities subject to the fee imposed by § 34A-6-1.17 are not subject to the fee imposed by this section.

Source: SL 1992, ch 254, § 50H; SL 1993, ch 257, § 4.
S.D. Codified Laws § 34A-3-2 — SD Code / Title 34A / Chapter 3 / Section 34A-3-2
Classification of plants and systems according to skill required
Status: in_force

The secretary shall classify all water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems, and according to the skill, knowledge, and experience that the operator must have to supervise successfully the operation of such water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems so as to protect the public health.

Source: SL 1970, ch 217, § 2; SDCL Supp, § 36-22A-2.
S.D. Codified Laws § 34A-6-102.1 — SD Code / Title 34A / Chapter 6 / Section 34A-6-102.1
Unlawful release of medical waste to recycling disposal destination--Misdemeanor
Status: in_force

A person, as defined in subdivision 22-1-2(31), but excluding any natural person is guilty of unlawful release of medical waste if the person with negligence engages in conduct which causes the release of medical waste to a recycling disposal destination. Any natural person is guilty of unlawful release of medical waste if the person with negligence engages in conduct which causes the release of medical waste from a residence to a recycling disposal destination with knowledge of the prohibition contained in this section. Unlawful release of medical waste is a Class 2 misdemeanor.

Source: SL 2013, ch 167, § 2; SL 2015, ch 193, § 1.
S.D. Codified Laws § 34A-3A-12 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-12
Notice of variance, exemption, or violation of compliance schedule
Status: in_force

If a variance or exemption is granted or if a compliance schedule contained in a variance or exemption is violated, public notification as required by § 34A-3A-3 shall be given by the supplier of water.

Source: SL 1983, ch 260, § 12; SL 1988, ch 285, § 42.
S.D. Codified Laws § 34-20G-86 — SD Code / Title 34 / Chapter 20G / Section 34-20G-86
Confidential data
Status: in_force

Data in a registration application and supporting data submitted by a qualifying patient, designated caregiver, nonresident cardholder, or medical cannabis establishment, including data on designated caregiver or practitioner, is not a public record open to public access, inspection, or copying under chapter 1-27 . All other public records concerning registered medical cannabis establishments are governed by chapter 1-27 .

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 134, § 1.
S.D. Codified Laws § 34-23A-26 — SD Code / Title 34 / Chapter 23A / Section 34-23A-26
Publication of findings on maternal mortality and pregnancy outcomes
Status: in_force

The department shall include sections in its annual vital statistics and health status report detailing the findings derived from the analyses provided under §§ 34-23A-24 and 34-23A-25 . The department shall ensure that neither the information published in its reports, nor the information provided to researchers, with the exception of information requested by the centers for disease control of the public health service in the United States Department of Health and Human Services, identifies or could reasonably lead to the identification of any individual patient.

Source: SL 1993, ch 251, § 3.
S.D. Codified Laws § 34-12-57 — SD Code / Title 34 / Chapter 12 / Section 34-12-57
Services of licensed birth center
Status: in_force

Any birth center licensed by the state in accordance with this chapter, may operate to provide care for women before, during, and after normal pregnancy, labor, and birth.

Source: SL 2011, ch 155, § 1.
S.D. Codified Laws § 34-48A-26 — SD Code / Title 34 / Chapter 48A / Section 34-48A-26
Duty to utilize already existing facilities
Status: in_force

The Governor, the secretary, and the executive officers or governing bodies of the political subdivisions of the state shall utilize the services, equipment, supplies, and facilities of existing departments, offices, and agencies of the state and of the political subdivisions thereof to the maximum extent practicable, and the officers and personnel of all such departments, offices, and agencies. Such departments, offices, and agencies shall cooperate with and extend such services and facilities to the Governor, the secretary and to the emergency management organizations of the state upon request. A local political subdivision must exhaust its available resources prior to obtaining assistance from another political subdivision. The state must exhaust all available governmental resources prior to obtaining private resources.

Source: SL 1949, ch 236, § 12; SL 1951, ch 285, § 12; SDC Supp 1960, § 41.01C11; SL 1977, ch 271, § 15; SL 2004, ch 17, § 197; SDCL § 33-15-21 .
S.D. Codified Laws § 34-25-38.1 — SD Code / Title 34 / Chapter 25 / Section 34-25-38.1
Issuance of disinterment permit
Status: in_force

A disinterment permit shall be issued by the department upon receipt of a written or electronic application from a person licensed by the State Board of Funeral Service or upon receipt of an order of a court of competent jurisdiction directing the disinterment. If the disinterment is not directed pursuant to a court order, the department may not issue a disinterment permit without the written consent of the surviving spouse, or in the case of a spouse's absence, death, or incapacity, the next of kin within the same degree of kinship. In the case of a minor, if the disinterment is not directed pursuant to a court order, the department may not issue a disinterment permit for the minor without the written consent of the surviving parents. The Department of Health may promulgate rules pursuant to chapter 1-26 to establish the process for issuing a disinterment permit that is not directed pursuant to a court order. The disinterment permit becomes effective as provided in this section. Unless the disinterment permit was issued as the result of a court order, the department shall, upon issuance of the disinterment permit, notify the affected cemetery board of directors appointed pursuant to § 7-26-7 or 9-12-18 or the board of county commissioners of the county in which the disinterment is to occur, or in the case of a disinterment for an enrolled tribal member, the tribal chairperson on the issuance of the permit. The cemetery board of directors, the board of county commissioners, or the tribal chairperson may request the circuit court to prevent the disinterment. The disinterment permit shall take effect within fifteen days after its issuance unless the circuit court has ordered otherwise. The disinterment permit authorizes disinterment, transportation, and reinterment of a dead body or fetus. Authorities in charge of a cemetery may not transfer bodies buried in one part of the cemetery to another part without the authority of a disinterment permit.

Source: SL 1996, ch 215, § 2; SL 2003, ch 186, § 7; SL 2009, ch 168, § 1; SL 2018, ch 206, § 1.
S.D. Codified Laws § 34-26-66 — SD Code / Title 34 / Chapter 26 / Section 34-26-66
Law governing validity--Choice of law as to execution of document of gift--Presumption of validity
Status: in_force

(a) A document of gift is valid if executed in accordance with:

(1) Sections 34-26-48 to 34-26-72 , inclusive;

(2) The laws of the state or country where it was executed; or

(3) The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.

(b) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.

(c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.

Source: SL 2007, ch 197, § 19.
S.D. Codified Laws § 34A-13-18 — SD Code / Title 34A / Chapter 13 / Section 34A-13-18
Deposit and crediting of revenue
Status: in_force

Revenue from the following sources shall be deposited in the state treasury and credited to a petroleum release compensation fund:

(1) Any fees imposed by § 34A-13-20 ;

(2) Any money recovered by the fund pursuant to § 34A-13-9 , including administrative expenses, and any money paid under an agreement, stipulation, or settlement;

(3) Any interest attributable to investment of money in the fund;

(4) Any money received by the secretary of agriculture and natural resources in the form of gifts, grants other than federal grants, reimbursements, or appropriations from any source intended to be used for the purposes of the fund;

(5) Any money or other assets received by the secretary of agriculture and natural resources in connection with any loan from the fund or any account in the fund.

Source: SL 1988, ch 290, § 18; SL 1989, ch 310, § 4; SL 1993, ch 48, § 20; SL 1995, ch 321 (Ex. Ord. 95-5), § 17; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 155, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021; SL 2021, ch 163, § 7.
S.D. Codified Laws § 34-20B-28.6 — SD Code / Title 34 / Chapter 20B / Section 34-20B-28.6
Dispensing or sale without code imprint--Misdemeanor
Status: in_force

It is a Class 2 misdemeanor for a person to dispense, sell or otherwise provide to any other person any legend drug in solid dosage form that fails to comply with §§ 34-20B-28.1 to 34-20B-28.5 , inclusive.

Source: SL 1980, ch 241, § 6.
S.D. Codified Laws § 34-3A-5 — SD Code / Title 34 / Chapter 3A / Section 34-3A-5
Health service contracts with public or private agencies--Expenditures from special revenue fund
Status: in_force

The board of county commissioners or the governing bodies of a municipality may contract for health services with any public or private agency and expend funds for such purpose from the special revenue fund authorized by § 34-3A-1 .

Source: SL 1976, ch 210, § 1.
S.D. Codified Laws § 34-25-57 — SD Code / Title 34 / Chapter 25 / Section 34-25-57
Violation of requirements as misdemeanor
Status: in_force

No person, officer, agent, or employee of any other person or of any corporation or partnership may:

(1) Inter, cremate, or otherwise finally dispose of a dead body of a human being or permit the same to be done or remove the body from the state without authority of a burial or removal permit;

(2) Refuse or fail to furnish any information in such person's possession or furnish false information affecting any certificate or record required by this chapter;

(3) Intentionally falsify any certificate of birth, death, or burial or removal permit or any record required by this chapter;

(4) Being required by this chapter to fill out a certificate of birth or death and file the certificate with the local registrar or deliver it upon request to any person charged with the duty of filing the certificate, fail, neglect, or refuse to perform;

(5) Being an employee of the state vital records office, a local registrar or deputy registrar, intentionally fail, neglect, or refuse to perform the duty as required by this chapter or by the rules adopted by the secretary of health or by the instructions and directions of the department;

(6) Intentionally make, counterfeit, alter, amend, or mutilate any certificate, record, or report required by this chapter or a certified copy of the certificate, record, or report for the purpose of deception;

(7) Obtain, possess, use, sell, or furnish to another, or attempt to obtain, possess, use, sell, or furnish to another, any certificate, record, or report, or certified copy thereof, required by this chapter, whether altered in any manner or not, for any purpose of deception; or

(8) Possess any certificate, record, or report, or copy thereof, required by this chapter, knowing that the certificate, record, or report, or copy thereof, was stolen or otherwise obtained unlawfully.

A violation of this section is a Class 1 misdemeanor.

Source: SDC 1939, § 27.9902; SL 1941, ch 124, § 8; SL 1972, ch 194, § 43; SL 1977, ch 190, § 66; SL 2000, ch 172, § 1; SL 2005, ch 190, § 7.
S.D. Codified Laws § 34-23A-16 — SD Code / Title 34 / Chapter 23A / Section 34-23A-16
Birth certificate for live birth resulting from abortion--Death certificate on subsequent death
Status: in_force

Whenever an abortion procedure results in a live birth, a birth certificate shall be issued certifying the birth of said live born person even though said live person may thereafter die in a short time. In the event death does ensue after a short time, a death certificate shall be issued; both the birth and death certificates shall be issued pursuant to law and rules and regulations of the State Department of Health.

Source: SL 1973, ch 146, § 11.
S.D. Codified Laws § 34A-6-1.19 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.19
Requirements relating to board's inability to inspect out-of-state solid waste at point of origin--Maintenance and filing of certain records
Status: in_force

Because of the inability of the department to inspect out - of - state solid waste at the point of origin, the board may require: (1) that any person disposing of solid waste originating from outside this state file with the operator of the solid waste facility records concerning the type, amount, and origin of solid waste disposed of by him; and (2) that any owner of solid waste facilities receiving waste from outside this state maintain records and file them with the department concerning the type, amount, and origin of solid waste accepted by him.

Source: SL 1989, ch 306, § 19.
S.D. Codified Laws § 34-31A-34 — SD Code / Title 34 / Chapter 31A / Section 34-31A-34
Filing of financial report with county auditor--Examination of district records
Status: in_force

The secretary - treasurer of the rural fire protection district shall, on or before January thirty - first of each year, file a financial report of the previous calendar year with the proper county auditor or county auditors. When the Department of Legislative Audit examines other county records, it shall examine the financial report of the secretary - treasurer of the rural fire protection district.

Source: SL 1971, ch 208, § 9; SL 1986, ch 287.
S.D. Codified Laws § 34-23A-40 — SD Code / Title 34 / Chapter 23A / Section 34-23A-40
Submission of reporting form
Status: in_force

By February twenty - eighth of each year, each physician who provided, or whose agent provided, the notice described in § 34-23A-7 , and any physician who knowingly performed an abortion upon a female or upon a female for whom a guardian or conservator had been appointed because of a finding of incompetency during the previous calendar year shall submit to the Department of Health a copy of the physicians' information report form described in § 34-23A-39 with the requested data entered accurately and completely.

Source: SL 1998, ch 209, § 7.
S.D. Codified Laws § 34-26-49 — SD Code / Title 34 / Chapter 26 / Section 34-26-49
Definitions
Status: in_force

In §§ 34-26-48 to 34-26-72 , inclusive:

(1) "Adult" means an individual who is at least eighteen years of age.

(2) "Agent" means an individual:

(A) Authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or

(B) Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal.

(3) "Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education.

(4) "Decedent" means a deceased individual whose body or part is or may be the source of an anatomical gift. The term does not include a blastocyst, embryo, or fetus that is the subject of an induced abortion.

(5) "Disinterested witness" means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under § 34-26-58 .

(6) "Document of gift" means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license, identification card, or donor registry.

(7) "Donor" means an individual whose body or part is the subject of an anatomical gift.

(8) "Donor registry" means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.

(9) "Driver's license" means a license or permit issued by the Department of Public Safety to operate a vehicle, whether or not conditions are attached to the license or permit.

(10) "Eye bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.

(11) "Guardian" means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem.

(12) "Hospital" means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state.

(13) "Identification card" means an identification card issued by the Department of Public Safety.

(14) "Know" means to have actual knowledge.

(15) "Minor" means an individual who is under eighteen years of age.

(16) "Organ procurement organization" means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization.

(17) "Parent" means a parent whose parental rights have not been terminated.

(18) "Part" means an organ, an eye, or tissue of a human being. The term does not include the whole body.

(19) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(20) "Physician" means an individual authorized to practice medicine or osteopathy under the law of any state.

(21) "Procurement organization" means an eye bank, organ procurement organization, or tissue bank.

(22) "Prospective donor" means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal.

(23) "Reasonably available" means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.

(24) "Recipient" means an individual into whose body a decedent's part has been or is intended to be transplanted.

(25) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(26) "Refusal" means a record created under § 34-26-54 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part.

(27) "Sign" means, with the present intent to authenticate or adopt a record:

(A) To execute or adopt a tangible symbol; or

(B) To attach to or logically associate with the record an electronic symbol, sound, or process.

(28) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(29) "Technician" means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator.

(30) "Tissue" means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education.

(31) "Tissue bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue.

(32) "Transplant hospital" means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.

Source: SL 2007, ch 197, § 2.
S.D. Codified Laws § 34-29B-20 — SD Code / Title 34 / Chapter 29B / Section 34-29B-20
Board member's term of office--Removal
Status: in_force

The term of office for members of the advisory board shall be four years. Any member is subject to removal by the Governor at any time for neglect of his duties or for other cause which in the opinion of the Governor makes his continued membership unwise in the public interest. The terms of members who are first appointed after January 1, 1992, shall be: two appointed for a term of one year; two appointed for a term of two years; and one for a term of four years. 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 term.

Source: SL 1991, ch 283, § 21.
S.D. Codified Laws § 34-47-4 — SD Code / Title 34 / Chapter 47 / Section 34-47-4
Liability of consolidated fire protection district and ambulance district
Status: in_force

If any ambulance district organized pursuant to chapter 34-11A or rural fire protection district organized pursuant to chapter 34-31A is consolidated pursuant to this chapter, such consolidation may not impair, affect, or discharge any contract, obligation, lien, or change for or upon which it might be liable had such consolidation not been made.

Source: SL 1995, ch 202, § 4.
S.D. Codified Laws § 34-20B-35 — SD Code / Title 34 / Chapter 20B / Section 34-20B-35
Criteria for registration of manufacturers and distributors
Status: in_force

The department shall register an applicant to manufacture and distribute controlled drugs and substances included in Schedules I through IV of §§ 34-20B-11 to 34-20B-26 , inclusive, unless it is determined that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the following factors shall be considered:

(1) Maintenance of effective controls against diversion of particular controlled drugs and substances and any Schedule I or II substance compounded therefrom into other than legitimate medical, scientific, or industrial channels;

(2) Compliance with the applicable state and local law;

(3) Prior conviction record of applicant under federal and state laws relating to the manufacture, distribution, or dispensing of such substances;

(4) Past experience in the manufacture of controlled drugs and substances, and the existence in the establishment of effective controls against diversion; and

(5) Such other factors as may be relevant to and consistent with the public health and safety.

Source: SL 1970, ch 229, § 9 (f); SDCL Supp, § 39-17-78.
S.D. Codified Laws § 34-20B-23 — SD Code / Title 34 / Chapter 20B / Section 34-20B-23
Narcotics specifically included in Schedule III
Status: in_force

Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs or any salts thereof is included in Schedule III:

(1) Not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of isoquinoline alkaloid of opium;

(2) Not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;

(3) Deleted by SL 2015, ch 180, § 4;

(4) Deleted by SL 2015, ch 180, § 4;

(5) Not more than 1.80 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;

(6) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;

(7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts; and

(8) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active, non-narcotic ingredients in recognized therapeutic amounts.

Source: SL 1970, ch 229, § 8 (c); SDCL Supp, § 39-17-66; SL 2015, ch 180, § 4, eff. Feb. 18, 2015.
S.D. Codified Laws § 34-5-9 — SD Code / Title 34 / Chapter 5 / Section 34-5-9
Definition of terms related to distressed food
Status: in_force

Terms as used in §§ 34-5-9 to 34-5-18 , inclusive, unless the context otherwise requires, mean:

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

(2) "Person," an individual, partnership, copartnership, cooperative, firm, company, public or private corporation, or any other legal entity, or their legal representative, agent, or assigns;

(3) "Salvage," the recovery, cleaning, sorting, sanitizing, and otherwise preparing distressed food for possible human use;

(4) "Salvage operator," includes any person who buys, sells, handles, transports, or otherwise deals in distressed food;

(5) "Secretary," the secretary of the Department of Health.

Source: SL 1974, ch 241, § 1.
S.D. Codified Laws § 34A-6-78 — SD Code / Title 34A / Chapter 6 / Section 34A-6-78
Certification of landfill as necessary part of alternative solid waste management required for new permit
Status: in_force

Beginning July 1, 2000, no new solid waste disposal facility permit for a landfill may be issued unless the applicant, in conjunction with all local units of government whose residents, businesses, or institutions generate solid waste to be stored or disposed of in the facility, certifies that the landfill is needed as a part of an alternative solid waste management method.

Source: SL 1992, ch 254, § 41.
S.D. Codified Laws § 34-23A-10.4 — SD Code / Title 34 / Chapter 23A / Section 34-23A-10.4
Department of Health to develop and maintain multi-media website--Contents--Collection of related statistics
Status: in_force

The Department of Health shall, by January 1, 2004, develop and maintain a multi-media website that contains web pages covering each of the following topics:

(1) Embryonic and fetal development at various gestational stages;

(a) Anatomical and physiological characteristics; and

(b) Survival possibilities of the unborn child;

(2) Abortion methods commonly used for each trimester of pregnancy;

(3) Statistically significant abortion method risks, including infection, hemorrhage, danger to subsequent pregnancies, and infertility;

(4) Important pre-abortion procedures;

(a) Confirmation of pregnancy via sonogram; and

(b) Counseling and discussion of medical history to detect possible abortion risks;

(5) Post-abortion psychological and emotional complications;

(6) Parental notification as required by 34-23A-7 ;

(7) Assistance, benefits, and services:

(a) Names and contact information of public and private agencies; and

(b) Types and availability of public medical benefits and services;

(8) Responsibility of the father of the unborn child;

(9) Statistically significant pregnancy risks;

(10) Adoption options:

(a) Names and contact information of public and private agencies; and

(b) Description of services;

(11) Information on discontinuing a drug-induced abortion.

The state shall collect and maintain web statistics regarding the website developed and maintained pursuant to this section. However, no personal information may be collected.

Source: SL 2003, ch 185, § 1; SL 2016, ch 176, § 2.
S.D. Codified Laws § 34-35-6 — SD Code / Title 34 / Chapter 35 / Section 34-35-6
Fireguards not in organized townships
Status: in_force

In counties containing areas not embraced in any civil township, fireguards as described in § 34-35-1 may be constructed under the supervision of the board of county commissioners and the cost of the fireguards met by special levy upon the real property, including railroads, within the area embraced by the fireguards.

Source: SL 1893, ch 91, § 3; RPolC 1903, § 1133; SL 1905, ch 111; RC 1919, § 6130, SDC 1939, § 58.1003; SL 2014, ch 48, § 26.
S.D. Codified Laws § 34A-2-102 — SD Code / Title 34A / Chapter 2 / Section 34A-2-102
Installation of above ground stationary storage tank for storage of regulated substances prohibited--Exceptions--Violation
Status: in_force

No person may install any above ground stationary storage tank for the purpose of storing regulated substances unless the tank will prevent releases due to corrosion or structural failure for the operational life of the tank, is designed in a manner to prevent the release or threatened release of any stored substance, and the material used in the construction or lining of the tank is compatible with the substance to be stored. A violation of this section is subject to § 34A-2-75 .

Source: SL 1987, ch 258, § 3; SL 1992, ch 158, § 33.
S.D. Codified Laws § 34-20B-11 — SD Code / Title 34 / Chapter 20B / Section 34-20B-11
Criteria for inclusion of substance in Schedule I
Status: in_force

To be included within Schedule I, a substance shall have:

(1) A high potential for abuse;

(2) No accepted medical use in the United States; and

(3) A lack of accepted safety for use under medical supervision.

Source: SL 1970, ch 229, § 8 (a); SDCL Supp, § 39-17-54; SL 1976, ch 158, § 42-11 .
S.D. Codified Laws § 34-29A-50 — SD Code / Title 34 / Chapter 29A / Section 34-29A-50
Prosecution of violators
Status: in_force

The secretary of public safety, or his designee, shall cause the prosecution of all violators of the provisions of this chapter.

Source: SL 1973, ch 229, § 8 (5); SL 1982, ch 18, § 70; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-25-32.1 — SD Code / Title 34 / Chapter 25 / Section 34-25-32.1
Report required of certain fetal deaths other than abortions
Status: in_force

A fetal death report for the death of each fetus which has attained a gestational age of not less than twenty completed weeks and which is not an abortion and reportable as such under chapter 34-23A which occurs in this state shall be filed with the Department of Health, in accordance with rules of the secretary of health promulgated pursuant to chapter 1-26 . However, the gestational age specified by this section may not be considered a factor in determining when life begins.

Source: SL 1972, ch 194, § 27; SL 1977, ch 285, § 1; SL 1993, ch 253, § 8; SL 2007, ch 195, § 11.
S.D. Codified Laws § 34-20G-71 — SD Code / Title 34 / Chapter 20G / Section 34-20G-71
Cannabis dispensed--Confidential record
Status: in_force

A dispensary shall maintain internal, confidential records specifying how much cannabis is dispensed to a nonresident cardholder or registered qualifying patient and whether it is dispensed directly to a registered qualifying patient or to the designated caregiver.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 132, § 6.
S.D. Codified Laws § 34-46-22 — SD Code / Title 34 / Chapter 46 / Section 34-46-22
Cigar bar license--County or municipal authorization
Status: in_force

A board of county commissioners may approve a license to operate a cigar bar outside of the boundary of a municipality, within its jurisdiction.

A governing body of a municipality may approve a license to operate a cigar bar within its jurisdiction.

Source: SL 2026, ch 154, § 1.
S.D. Codified Laws § 34-12-31 — SD Code / Title 34 / Chapter 12 / Section 34-12-31
No charge against resident funds for services paid under medical assistance program
Status: in_force

No nursing facility may impose a charge against the moneys and funds of a resident for any item or service for which payment is made under the medical assistance program under chapter 28-6 or the federal medicare program.

Source: SL 1991, ch 271, § 7.
S.D. Codified Laws § 34-25-52.6 — SD Code / Title 34 / Chapter 25 / Section 34-25-52.6
Disclosure of information in or inspection or copying of vital record--Authorization of chapter or court
Status: in_force

To protect the integrity of vital records, ensure their proper use, and to ensure the efficient and proper administration of the vital records system, no employee of the state vital records office, local registrar, or deputy registrar may permit inspection of any vital record or disclose information contained in any vital record or issue a copy of all or part of any such record unless authorized by this chapter or a court of competent jurisdiction.

Source: SL 2005, ch 190, § 6.
S.D. Codified Laws § 34-48A-6 — SD Code / Title 34 / Chapter 48A / Section 34-48A-6
Emergency coordination of resources by Governor
Status: in_force

Whenever the Governor, pursuant to § 34-48A-5 , declares an emergency or disaster to exist within the state, the Governor may authorize and direct the resources of any political subdivision of the state or of any department, commission, or agency of the state to assist another political subdivision with such resources.

Source: SDC Supp 1960, ch 41.01C as added by SL 1969, ch 169, § 1; SL 1977, ch 271, § 5; SDCL § 33-15-8.1; SL 2023, ch 3, § 37.
S.D. Codified Laws § 34A-16-45 — SD Code / Title 34A / Chapter 16 / Section 34A-16-45
Penalty for violation of designation ordinance
Status: in_force

Any person who violates a designation ordinance adopted pursuant to this chapter is guilty of a Class 1 misdemeanor and is also subject to a civil action by the State of South Dakota in circuit court for the recovery of a civil penalty of not more than ten thousand dollars per day per violation, for damages to compensate the state for impairment of the environment of this state. An action for the recovery of a civil penalty or compensation damages shall, upon demand, be tried by a jury.

Source: SL 1993, ch 259, § 47.
S.D. Codified Laws § 34-12-59 — SD Code / Title 34 / Chapter 12 / Section 34-12-59
License required to operate birth center
Status: in_force

Except as provided in § 34-12-60 , no person may establish or operate a birth center in this state without an appropriate license issued under §§ 34-12-57 to 34-12-63 , inclusive.

Source: SL 2011, ch 155, § 4.
S.D. Codified Laws § 34-31A-43 — SD Code / Title 34 / Chapter 31A / Section 34-31A-43
Annual meeting of registered voters of district--Special meetings--Annual election--Notice of election
Status: in_force

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

Source: SL 1971, ch 208, § 5; SL 1992, ch 80, § 216; SL 2002, ch 144, § 6; SL 2007, ch 75, § 6; SL 2014, ch 171, § 1.
S.D. Codified Laws § 34A-17-4 — SD Code / Title 34A / Chapter 17 / Section 34A-17-4
Content of environmental covenant
Status: in_force

(a) An environmental covenant must:

(1) State that the instrument is an environmental covenant executed pursuant to this chapter;

(2) Contain a legally sufficient description of the real property subject to the covenant;

(3) Describe the activity and use limitations on the real property;

(4) Identify every holder;

(5) Be signed by the agency, every holder, and every owner of the fee simple of the real property subject to the covenant; and

(6) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.

(b) In addition to the information required by subsection (a), an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:

(1) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;

(2) Requirements for periodic reporting describing compliance with the covenant;

(3) Rights of access to the property granted in connection with implementation or enforcement of the covenant;

(4) A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;

(5) Limitation on amendment or termination of the covenant in addition to those contained in §§ 34A-17-9 and 34A-17-10 ; and

(6) Rights of the holder in addition to its right to enforce the covenant pursuant to § 34A-17-11 .

(c) In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant.

Source: SL 2005, ch 196, § 4.
S.D. Codified Laws § 34-49-11 — SD Code / Title 34 / Chapter 49 / Section 34-49-11
Civil penalties for sales or offers for sale of cigarettes by retailers in violation of requirements
Status: in_force

A retailer who knowingly sells or offers to sell cigarettes in violation of §§ 34-49-2 to 34-49-7 , inclusive, shall be subject to a civil penalty by the state fire marshal not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale. However, in no case may the penalty against any retailer exceed twenty-five thousand dollars for such sales or offers to sell during any thirty-day period. Beginning on January 1, 2011, a retailer who sells or offers to sell cigarettes that have not been marked as required by § 34-49-9 is deemed to have knowingly sold or offered for sale such cigarettes in violation of §§ 34-49-2 to 34-49-7 , inclusive.

Source: SL 2009, ch 172, § 11, eff. Jan. 1, 2011.
S.D. Codified Laws § 34-20B-4.1 — SD Code / Title 34 / Chapter 20B / Section 34-20B-4.1
Anabolic steroid defined
Status: in_force

An anabolic steroid is any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestins, and corticosteroids, that promotes muscle growth and includes:

(1) Androstanediol:

(a) 3β,17β-dihydroxy-5α-androstane;

(b) 3α,17β-dihydroxy-5α-androstane;

(2) Androstanedione (5α-androstan-3,17-dione);

(3) Androstenediol:

(a) 1-androstenediol (3β,17β-dihydroxy-5α-androst-1-ene);

(b) 1-androstenediol (3α,17β-dihydroxy-5α-androst-1-ene);

(c) 4-androstenediol (3β,17β-dihydroxy-androst-4-ene);

(d) 5-androstenediol (3β,17β-dihydroxy-androst-5-ene);

(4) Androstenedione:

(a) 1-androstenedione ([5α]-androst-1-en-3,17-dione);

(b) 4-androstenedione (androst-4-en-3,17-dione);

(c) 5-androstenedione (androst-5-en-3,17-dione);

(5) Bolasterone (7α,17α-dimethyl-17β-hydroxyandrost-4-en-3-one);

(6) Boldenone (17β-hydroxyandrost-1,4,-diene-3-one);

(7) Calusterone (7β,17α-dimethyl-17β-hydroxyandrost-4-en-3-one);

(8) Clostebol (4-chloro-17β-hydroxyandrost-4-en-3-one);

(9) Dehydrochloromethyltestosterone (4-chloro-17β-hydroxy-17α-methyl-androst-1,4-dien-3-one);

(10) Δ1-dihydrotestosterone (a.k.a. "1-testosterone") (17β-hydroxy-5α-androst-1-en-3-one);

(11) 4-dihydrotestosterone (17β-hydroxy-androstan-3-one);

(12) Drostanolone (17β-hydroxy-2α-methyl-5α-androstan-3-one);

(13) Ethylestrenol (17α-ethyl-17β-hydroxyestr-4-ene);

(14) Fluoxymesterone (9-fluoro-17α-methyl-11β,17β-dihydroxyandrost-4-en-3-one);

(15) Formebolone (2-formyl-17α-methyl-11α,17β-dihydroxyandrost-1,4-dien-3-one);

(16) Furazabol (17α-methyl-17β-hydroxyandrostano[2,3-c]- furazan);

(17) 13β-ethyl-17α-hydroxygon-4-en-3-one;

(18) 4-hydroxytestosterone (4,17β-dihydroxy-androst-4-en-3-one);

(19) 4-hydroxy-19-nortestosterone (4,17β-dihydroxy-estr-4-en-3-one);

(20) Mestanolone (17α-methyl-17β-hydroxy-5α-androstan-3-one);

(21) Mesterolone (1α-methyl-17β-hydroxy-[5α]-androstan-3-one);

(22) Methandienone (17α-methyl-17β-hydroxyandrost-1,4-dien-3-one);

(23) Methandriol (17α-methyl-3β,17β-dihydroxyandrost-5-ene);

(24) Methenolone (1-methyl-17β-hydroxy-5α-androst-1-en-3-one);

(25) 17α-methyl-3β,17β-dihydroxy-5α-androstane;

(26) 17α-methyl-3α,17β-dihydroxy-5α-androstane;

(27) 17α-methyl-3β,17β-dihydroxyandrost-4-ene;

(28) 17α-methyl-4-hydroxynandrolone (17α-methyl-4-hydroxy-17β-hydroxyestr-4-en-3-one);

(29) Methyldienolone (17α-methyl-17β-hydroxyestra-4,9(10)-dien-3-one);

(30) Methyltrienolone (17α-methyl-17β-hydroxyestra-4,9-11-trien-3-one);

(31) Methyltestosterone (17α-methyl-17β-hydroxyandrost-4-en-3-one);

(32) Mibolerone (7α,17α-dimethyl-17β- hydroxyestr-4-en-3-one);

(33) 17α-methyl-Δ1-dihydrotestosterone (17β-hydroxy-17α-methyl-5α-androst-1-en-3-one) (also known as 17-α-methyl-1-testosterone);

(34) Nandrolone (17β-hydroxyestr-4-en-3-one);

(35) Norandrostenediol:

(a) 19-nor-4-androstenediol (3β,17β-dihydroxyestr-4-ene);

(b) 19-nor-4-androstenediol (3α,17β-dihydroxyestr-4-ene);

(c) 19-nor-5-androstenediol (3β,17β-dihydroxyestr-5-ene);

(d) 19-nor-5-androstenediol (3α,17β-dihydroxyestr-5-ene);

(36) Norandrostenedione:

(a) 19-nor-4-androstenedione (estr-4-en-3,17-dione);

(b) 19-nor-5-androstenedione (estr-5-en-3,17-dione);

(37) Norbolethone (13β,17α-diethyl-17β-hydroxygon-4-en-3-one);

(38) Norclostebol (4-chloro-17β-hydroxyestr-4-en-3-one);

(39) Norethandrolone (17α-ethyl-17β-hydroxyestr-4-en-3-one);

(40) Normethandrolone (17α-methyl-17β-hydroxyestr-4-en-3-one);

(41) Oxandrolone (17α-methyl-17β-hydroxy-2-oxa-[5α]-androstan-3-one);

(42) Oxymesterone (17α-methyl-4,17β-dihydroxyandrost-4-en-3-one);

(43) Oxymetholone (17α-methyl-2-hydroxymethylene-17β-hydroxy-[5α]-androstan- 3-one);

(44) Stanozolol (17α-methyl-17β-hydroxy-[5α]-androst-2-eno[3,2-c]-pyrazole);

(45) Stenbolone (17β-hydroxy-2-methyl-[5α]-androst-1-en-3-one);

(46) Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);

(47) Testosterone (17β-hydroxyandrost-4-en-3-one);

(48) Tetrahydrogestrinone (13β,17α-diethyl-17β-hydroxygon-4,9,11-trien-3-one);

(49) Trenbolone (17β-hydroxyestr-4,9,11-trien-3-one);

(50) Boldione (androsta-1,4-diene-3,17-dione);

(51) Desoxymethyltestosterone (17α-methyl-5α-androst-2-en-17α-ol) (also known as madol);

(52) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione);

(53) Prostanozol (17β-hydroxy-5α-androstano[3,2-c]pyrazole);

(54) Methasterone (2α,17α-dimethyl-5α-androstan-17β-ol-3-one);

(55) 5α-Androstan-3,6,17-trione;

(56) 6-bromo-androstan-3,17-dione;

(57) 6-bromo-androsta-1,4-diene-3,17-dione;

(58) 4-chloro-17α-methyl-androsta-1,4-diene-3,17β-diol;

(59) 4-chloro-17α-methyl-androst-4-ene-3β,17β-diol;

(60) 4-chloro-17α-methyl-17β-hydroxy-androst-4-en-3-one;

(61) 4-chloro-17α-methyl-17β-hydroxy-androst-4-ene-3,11-dione;

(62) 4-chloro-17α-methyl-androsta-1,4-diene-3,17β-diol;

(63) 2α,17α-dimethyl-17β-hydroxy-5α-androstan-3-one;

(64) 2α,17α-dimethyl-17β-hydroxy-5β-androstan-3-one;

(65) 2α,3α-epithio-17α-methyl-5α-androstan-17β-ol;

(66) [3,2-c]-furazan-5α-androstan-17β-ol;

(67) 3β-hydroxy-estra-4,9,11-trien-17-one;

(68) 17α-methyl-androst-2-ene-3,17β-diol;

(69) 17α-methyl-androsta-1,4-diene-3,17β-diol;

(70) Estra-4,9,11-triene-3,17-dione;

(71) 18a-Homo-3-hydroxy-estra-2,5(10)-dien-17-one;

(72) 6α-Methyl-androst-4-ene-3,17-dione;

(73) 17α-Methyl-androstan-3-hydroxyimine-17β-ol;

(74) 17α-Methyl-5α-androstan-17β-ol;

(75) 17β-Hydroxy-androstano[2,3-d]isoxazole;

(76) 17β-Hydroxy-androstano[3,2-c]isoxazole;

(77) 4-Hydroxy-androst-4-ene-3,17-dione[3,2-c]pyrazole-5α-androstan-17β-ol;

(78) [3,2-c]pyrazole-androst-4-en-17β-ol;

(79) [3,2-c]pyrazole-5α-androstan-17β-ol; and

(80) Any salt, ester, or ether of a drug or substance described or listed in this section, if that salt, ester, or ether promotes muscle growth.

The term, anabolic steroid, as defined in this section, does not include an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species. However, if any person prescribes, dispenses, or distributes such a steroid for human use, the person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this section.

Source: SL 1990, ch 269, § 1; SL 1992, ch 245, § 4; SL 2006, ch 179, § 1, eff. Feb. 9, 2006; SL 2010, ch 174, § 1, eff. Feb. 24, 2010; SL 2013, ch 156, § 3, eff. Mar. 6, 2013; SL 2016, ch 175, § 1, eff. Feb. 18, 2016.
S.D. Codified Laws § 34A-5-16 — SD Code / Title 34A / Chapter 5 / Section 34A-5-16
Number and terms of office of district trustees--Inspectors' certificate as to persons elected
Status: in_force

There shall be elected at the first election of a sanitary district three trustees at large, who shall respectively hold their offices, one for a term of one year, one for a term of two years, and one for a term of three years. The person having the highest number of votes shall serve for a term of three years, the person receiving the second highest number of votes shall serve for a term of two years, and the person receiving the third highest number of votes shall serve for a term of one year, and such persons shall be declared elected to such offices; thereafter, there shall be elected annually one trustee for a term of three years. The inspectors shall subscribe and certify a statement of the persons elected to fill the offices of trustees in such sanitary district and file the same with the county auditor within ten days after the date of such election.

Source: SL 1947, ch 226, § 12; SDC Supp 1960, § 45.3812; SL 1964, ch 144, § 5; SDCL, § 34-17-16; SL 1969, ch 185, § 1; revised pursuant to SL 1972, ch 15, § 3.
S.D. Codified Laws § 34A-6-1.21 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.21
Suspension or revocation of permit--Grounds--Notice and hearing
Status: in_force

A permit may be suspended or revoked if its terms or conditions or the provisions of §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, are violated. The secretary may initiate the process to suspend or revoke by serving a notice and order of suspension or revocation on the permit holder. The notice shall be published in one official newspaper of the county in which the facility is located. If the permit holder or interested party wishes to contest the order, a request for hearing shall be filed with the department within twenty days. A hearing on the matter shall be held as soon thereafter as practicable. Notice of hearing shall be served on the permit holder and any interested person who has filed a petition for intervention in the matter within the twenty - day period.

Source: SL 1989, ch 306, § 21.
S.D. Codified Laws § 34-18-41 — SD Code / Title 34 / Chapter 18 / Section 34-18-41
Camping liability--Immunity not granted
Status: in_force

The provisions of § 34-18-40 do not limit the liability of a private campground owner or an employee or officer of a private campground owner who:

(1) Intentionally causes the injury, death, or property damage;

(2) Acts with a willful or wanton disregard for the safety of the person or property damaged. This includes conduct committed with an intentional or reckless disregard for the safety of others;

(3) Fails to use that degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances; or

(4) Fails to conspicuously post warning signs of a dangerous, inconspicuous condition known to the owner of the private campground, or his or her employees or officers, on the property that the owner owns, leases, rents, or is otherwise in lawful control of or in possession of, if the owner, employee, or officer is aware of the condition by reason of a prior injury involving the same location or the same mechanism of injury. Such warning signs must appear in black letters on a white background with each letter a minimum of one inch in height.

Source: SL 2022, ch 107, § 3.
S.D. Codified Laws § 34-25-57.2 — SD Code / Title 34 / Chapter 25 / Section 34-25-57.2
Unintentional issuance of certified copy of vital record fraudulently obtained--Personal liability
Status: in_force

No employee of the state vital records office, local registrar, or deputy registrar may be held personally liable for any unintentional issuance of any certified copy of any vital record fraudulently obtained.

Source: SL 2005, ch 190, § 8.
S.D. Codified Laws § 34-31A-44 — SD Code / Title 34 / Chapter 31A / Section 34-31A-44
Secretary-treasurer's report at annual public meeting
Status: in_force

The secretary - treasurer of the district shall, at each annual public meeting of the district, present a financial report concerning the affairs of the district.

Source: SL 1971, ch 208, § 9.
S.D. Codified Laws § 34-29A-52 — SD Code / Title 34 / Chapter 29A / Section 34-29A-52
Expenditure of funds--Expenses included
Status: in_force

The chief inspector and his deputies shall be reimbursed for the travel expense incident to the maintenance of his office pursuant to § 3-9-2 .

Source: SL 1973, ch 229, § 8(6); SL 1982, ch 18, § 72; SL 1986, ch 27, § 26.
S.D. Codified Laws § 34-31A-45 — SD Code / Title 34 / Chapter 31A / Section 34-31A-45
Deferred compensation program for volunteer firefighters--Establishment and management--Participation optional
Status: in_force

Any rural fire protection district with a volunteer fire department may establish a deferred compensation program for its volunteer firefighters. Such a program may be financed by the rural fire protection district or by the volunteer firefighters and may be managed through the rural fire protection district or through an insurance company or other financial institution. Such program shall be established by ordinance. Each fire protection district shall establish requirements for participation in the program. Participation in the program of deferred compensation shall be at the option of the volunteer firefighter.

Source: SL 1986, ch 71, § 4.
S.D. Codified Laws § 34-49-3 — SD Code / Title 34 / Chapter 49 / Section 34-49-3
Use of lowered permeability bands to meet performance standard--Requirements
Status: in_force

Each cigarette listed in a certification submitted pursuant to § 34-49-8 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least fifteen millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least fifteen millimeters from the lighting end and ten millimeters from the filter end of the tobacco column, or ten millimeters from the labeled end of the tobacco column for nonfiltered cigarettes.

Source: SL 2009, ch 172, § 3, eff. Jan. 1, 2011.
S.D. Codified Laws § 34-14-25 — SD Code / Title 34 / Chapter 14 / Section 34-14-25
Genetic testing to be performed by accredited laboratory enrolled in proficiency testing program--State health laboratory not affected
Status: in_force

If a genetic test, as defined in § 34-14-21 , is required or authorized by state law, or performed in the state, the test shall be performed in a laboratory accredited by the College of American Pathologists, the Joint Commission on Accreditation of Healthcare Organizations, or any accreditation body approved by the United States Secretary of Health and Human Services and which has requirements that are substantially equivalent to, or more comprehensive than, those of the College of American Pathologists. In addition, the laboratory shall be enrolled in a proficiency testing program sponsored by an organization approved by the Centers for Medicare and Medicaid Services. Nothing in this section alters the ability of the state health laboratory to perform genetic tests.

Source: SL 2002, ch 166, § 1.
S.D. Codified Laws § 34A-5-50 — SD Code / Title 34A / Chapter 5 / Section 34A-5-50
Board of trustees for consolidated district
Status: in_force

Forthwith upon the creation of a consolidated sanitary district, a board of trustees shall be elected and govern the consolidated sanitary district in the same manner as provided with reference to other sanitary districts by §§ 34A-5-16 to 34A-5-40 , inclusive.

Source: SL 1964, ch 144, § 8; SL 1966, ch 146, § 2; SL 1967, ch 226; SDCL, § 34-17-43.
S.D. Codified Laws § 34A-7-7 — SD Code / Title 34A / Chapter 7 / Section 34A-7-7
Littering from motor vehicle prohibited--Transporting litter to highway or rest area receptacles prohibited--Violation as misdemeanor
Status: in_force

No person may dump, deposit, drop, throw, discard, or otherwise dispose of litter from any motor vehicle upon any public highway, upon any public or private property or upon or into any river, lake, pond, stream, or body of water in this state except as permitted by law. No person may transport by any means garbage or refuse from any dwelling, residence, place of business, farm, or other site to and deposit such material in, around, or on top of trash barrels or other receptacles placed along public highways or at roadside rest areas. A violation of this section is a Class 2 misdemeanor.

Source: SL 1974, ch 242, § 4; SDCL Supp, § 34-16C-11; SL 1992, ch 158, § 45; SL 2011, ch 165, § 127.
S.D. Codified Laws § 34-3-17 — SD Code / Title 34 / Chapter 3 / Section 34-3-17
Board meetings where full-time department maintained
Status: in_force

The board of health of a full - time county or district health department shall meet at such times and at such places as the county or district health officer may designate but in no instance shall meetings be held less than semiannually. The health officer shall call a meeting when requested to do so by a majority of the members of the board.

Source: SL 1953, ch 129, § 9; SDC Supp 1960, § 27.18A09.
S.D. Codified Laws § 34A-1-49 — SD Code / Title 34A / Chapter 1 / Section 34A-1-49
Contested case proceeding in lieu of order--Consent agreement
Status: in_force

In lieu of an order, the board chair may schedule a contested case under chapter 1-26 before the board. Nothing in this chapter prevents the department from notifying an alleged violator of violations and negotiating a consent agreement instead of initiating proceedings under § 34A-1-47 . Any consent agreement shall be approved by the board.

Source: SL 1970, ch 203, § 10; SDCL Supp, § 34-16A-55; revised pursuant to SL 1972, ch 15, § 4; SL 1977, ch 280, § 16; SL 2011, ch 165, § 28.
S.D. Codified Laws § 34-20F-3 — SD Code / Title 34 / Chapter 20F / Section 34-20F-3
Limit on amount sold in single transaction--Violation as misdemeanor
Status: in_force

No retailer may sell, in a single transaction, one quarter of a gram or more of loose leaf incense. Any person who sells loose leaf incense in violation of this section is guilty of a Class 1 misdemeanor.

Source: SL 2012, ch 185, § 2, eff. Mar. 2, 2012.
S.D. Codified Laws § 34A-6-94 — SD Code / Title 34A / Chapter 6 / Section 34A-6-94
Unlawful possession of infectious waste in the second degree--Violation as misdemeanor
Status: in_force

Except as permitted in this chapter, no person may:

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

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

A violation of this section constitutes unlawful possession of infectious waste in the second degree and is a Class 1 misdemeanor.

Source: SL 1992, ch 259, § 2.
S.D. Codified Laws § 34-11A-13 — SD Code / Title 34 / Chapter 11A / Section 34-11A-13
Board of directors--Meeting to elect officers
Status: in_force

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

Source: SL 1982, ch 259, § 13.
S.D. Codified Laws § 34-12D-28 — SD Code / Title 34 / Chapter 12D / Section 34-12D-28
Revocation of license for assisted suicide violation
Status: in_force

Any professional licensing board authorized pursuant to Title 36 may, subject to the procedures set out in Title 36, suspend or revoke the license of any licensed health care professional who:

(1) Is convicted of a violation of § 22-16-37 ;

(2) Has been cited for contempt of court for violating an injunction issued under § 34-12D-24 ; or

(3) Has been subject to an assessment of damages under § 34-12D-25 .

Source: SDCL § 22-16-37.6; SL 2005, ch 120, § 170.
S.D. Codified Laws § 34-23A-92 — SD Code / Title 34 / Chapter 23A / Section 34-23A-92
Exemptions to save life of the mother
Status: in_force

The provisions of §§ 34-23A-89 to 34-23A-93 , inclusive, do not apply to any abortion that is necessary to save the life of the pregnant woman because her life is endangered by a physical disorder, illness, or injury, including a life-endangering condition caused by or arising from the pregnancy itself, if no other medical procedure would suffice for that purpose.

Source: SL 2021, ch 151, § 4.
S.D. Codified Laws § 34-10-16 — SD Code / Title 34 / Chapter 10 / Section 34-10-16
Power to acquire hospital facilities--Authorization, issuance and sale of bonds--Amount limited
Status: in_force

The district may purchase, construct, equip, lease, or otherwise acquire public hospital facilities and issue bonds for the cost thereof. All bonds shall be authorized, issued, and sold by the board of trustees as provided in chapter 6-8B , except that no bonds may be issued in excess of five percent of the assessed valuation of all of the property within the district as established by the assessment rolls for the preceding year or in excess of any applicable constitutional debt limit.

Source: SL 1959, ch 135, § 14; SDC Supp 1960, § 27.19B14; SL 1984, ch 43, § 116.
S.D. Codified Laws § 34-12-39.8 — SD Code / Title 34 / Chapter 12 / Section 34-12-39.8
Authorization to construct new nursing facility in Lyman County
Status: in_force

Notwithstanding the provisions of §§ 34-12-35.4 and 34-12-39.2 , a new nursing facility may be constructed and operated on the Lower Brule Sioux Reservation in Lyman County, South Dakota. The nursing facility must meet the specifications of this chapter for a licensed nursing facility to participate in the Medicaid program. The number of beds in the nursing facility may not exceed fifty.

Source: SL 2022, ch 105, § 1, eff. Mar. 18, 2022.
S.D. Codified Laws § 34A-16-35 — SD Code / Title 34A / Chapter 16 / Section 34A-16-35
Adoption of management plan--Designation plan--Requirements for designation plan
Status: in_force

Before adopting a designation ordinance, the district shall adopt a comprehensive solid waste management plan. The district shall also prepare a designation plan which may be combined with the comprehensive solid waste management plan. A district's designation plan shall be consistent with its solid waste management plan. The designation plan shall evaluate:

(1) The benefits of the designation, including the public purposes achieved by the conservation and recovery of resources, the furtherance of the district's comprehensive solid waste management plan, the assurance of proper solid waste disposal, and the reduction of potential liability of the district's members under state and federal law;

(2) The estimated costs of the designation, including the direct capital, operating, and maintenance costs of the facility designated, the indirect costs and the long - term effects of the designation;

(3) Whether the designation will result in the recovery of resources or energy from the materials that would otherwise be wasted;

(4) Whether the designation will lessen the demand for and use of indiscriminate land disposal of solid waste;

(5) Whether the designation is necessary for the financial support of the facility;

(6) Whether less restrictive methods for ensuring an adequate solid waste supply are available; and

(7) Other feasible and prudent waste management alternatives for accomplishing the purposes of the proposed designation, the direct and indirect costs of the alternatives, including capital and operating costs, and the effects of the alternatives on the cost to generators.

Source: SL 1993, ch 259, § 37.
S.D. Codified Laws § 34A-3-3 — SD Code / Title 34A / Chapter 3 / Section 34A-3-3
Certification of qualifications to supervise plants and systems
Status: in_force

The secretary shall certify persons as to their qualifications to supervise successfully the operation of such water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems after considering the recommendations of the Board of Certification.

Source: SL 1970, ch 217, § 3; SDCL Supp, § 36-22A-3.
S.D. Codified Laws § 34-23A-1.2 — SD Code / Title 34 / Chapter 23A / Section 34-23A-1.2
Legislative findings--Termination of life
Status: in_force

The Legislature finds that all abortions, whether surgically or chemically induced, terminate the life of a whole, separate, unique, living human being.

Source: SL 2005, ch 186, § 1.
S.D. Codified Laws § 34-48-10 — SD Code / Title 34 / Chapter 48 / Section 34-48-10
Coordination with chapters1-24and34-48A
Status: in_force

Nothing in this chapter limits or supercedes the provisions of chapter 1-24 and chapter 34-48A . The provisions of this chapter may be used contemporaneously with any agreement under chapters 1-24 or 34-48A .

Source: SL 2006, ch 189, § 10.
S.D. Codified Laws § 34A-13-5 — SD Code / Title 34A / Chapter 13 / Section 34A-13-5
Response procedure--Promulgation of rules
Status: in_force

The department shall develop and adopt by rules promulgated pursuant to chapter 1-26 , a response procedure for emergency and other corrective actions.

Source: SL 1988, ch 290, § 5; SL 2024, ch 146, § 3.
S.D. Codified Laws § 34-26-54 — SD Code / Title 34 / Chapter 26 / Section 34-26-54
Refusal to make anatomical gift--Effect of refusal
Status: in_force

(a) An individual may refuse to make an anatomical gift of the individual's body or part by:

(1) A record signed by:

(A) The individual; or

(B) Subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign;

(2) The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or

(3) Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.

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

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

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

(c) An individual who has made a refusal may amend or revoke the refusal:

(1) In the manner provided in subsection (a) for making a refusal;

(2) By subsequently making an anatomical gift pursuant to § 34-26-52 that is inconsistent with the refusal; or

(3) By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.

(d) Except as otherwise provided in § 34-26-55(h), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.

Source: SL 2007, ch 197, § 7.
S.D. Codified Laws § 34-46-3 — SD Code / Title 34 / Chapter 46 / Section 34-46-3
Unannounced, random inspections--Persons enlisted--Requirements--Evidence of violation to secretary
Status: in_force

Each county state's attorney or a local law enforcement officer designated by the state's attorney shall annually conduct unannounced, random inspections at various locations where nicotine products, as defined in § 10-50E-1 , are sold or distributed to ensure compliance with this chapter. Persons under the age of twenty-one may be enlisted to test compliance with this chapter. Such persons may be used to test compliance with this chapter only if the testing is conducted under the supervision of the county state's attorney or a local law enforcement officer designated by the state's attorney and written parental consent has been provided. Any other use of persons under the age of twenty-one to test compliance with this chapter is unlawful and the persons responsible for such use are subject to the penalties prescribed in § 34-46-5 .

Any evidence of a violation of this chapter or chapter 10-50E , must be submitted to the secretary of the Department of Revenue.

Source: SL 1994, ch 280, § 3; SL 2020, ch 148, § 3; SL 2026, ch 54, § 21, eff. Jan. 1, 2027.Each county state's attorney or a local law enforcement officer designated by the state's attorney shall annually conduct unannounced, random inspections at various locations where tobacco products are sold or distributed to ensure compliance with this chapter. Persons under the age of twenty-one may be enlisted to test compliance with this chapter. Such persons may be used to test compliance with this chapter only if the testing is conducted under the supervision of the county state's attorney or a local law enforcement officer designated by the state's attorney and written parental consent has been provided. Any other use of persons under the age of twenty-one to test compliance with this chapter is unlawful and the persons responsible for such use are subject to the penalties prescribed in § 34-46-5 .

Source: SL 1994, ch 280, § 3; SL 2020, ch 148, § 3.
S.D. Codified Laws § 34-25-32.16 — SD Code / Title 34 / Chapter 25 / Section 34-25-32.16
Certificate may be requested without regard to date of fetal death
Status: in_force

Any parent may request the Department of Health to prepare and issue a certificate of birth resulting in stillbirth without regard to whether the fetal death occurred on, before, or after July 1, 2007.

Source: SL 2007, ch 195, § 9.
S.D. Codified Laws § 34-3-22 — SD Code / Title 34 / Chapter 3 / Section 34-3-22
Departmental funds provided from general fund of participating subdivisions
Status: in_force

Funds for operation and maintenance of full - time health departments shall be derived from the general fund of the participating political subdivisions.

Source: SL 1953, ch 129, § 13; SDC Supp 1960, § 27.18A13; SL 1978, ch 62, § 28.
S.D. Codified Laws § 34-39-6 — SD Code / Title 34 / Chapter 39 / Section 34-39-6
Specifications for liquid gas meters--Correction for temperature--Delivery from vehicle prohibited unless equipped with meter--Violation as misdemeanor
Status: in_force

All liquid gas meters shall be of a positive displacement type equipped with vapor separator or provided with such other equipment which will positively eliminate all air and vapor from passing through the meter with the liquid gas, and differential pressure regulator. A liquid gas meter, except a meter dispensing at a rate of twenty gallons per minute or less, shall be corrected to sixty degrees Fahrenheit liquid gas temperature and all deliveries of liquid gas through the meter shall be temperature corrected from sixty degrees Fahrenheit to the temperature of the liquid gas at the time and place of delivery and the customer billed accordingly. It is a Class 1 misdemeanor to make wholesale or retail sales to customers from any bulk delivery vehicle unless the bulk delivery vehicle is equipped with and dispenses the liquid petroleum gas through a liquid gas meter. No liquid gas meter may be equipped with a bypass around the liquid gas meter. However, the prohibition of a bypass is not intended to prohibit the use of an equalization line.

Source: SL 1957, ch 165, § 2; SDC Supp 1960, § 31.03A07; SL 1977, ch 190, § 116; SL 2016, ch 183, § 1.
S.D. Codified Laws § 34-31A-8 — SD Code / Title 34 / Chapter 31A / Section 34-31A-8
County commissioners' hearing on organization of district--Determination and order as to district and boundaries
Status: in_force

At the time and place so fixed, the board or boards of county commissioners shall meet, and all persons residing in or owning taxable property within the proposed district shall have an opportunity to be heard respecting the formation of such district or the location of the boundaries thereof. Thereupon the board or boards of county commissioners shall determine whether the proposed district is suited to the general fire protection policy of the county, or each of such counties, as a whole, determine the boundaries of the proposed district, whether as suggested in the petition or otherwise, and make a written order of such determination which shall describe the boundaries of the district and be filed in the office of the county auditor or auditors of each county in which such district is situated.

Source: SL 1971, ch 208, § 2.
S.D. Codified Laws § 34A-13-39 — SD Code / Title 34A / Chapter 13 / Section 34A-13-39
Short title
Status: in_force

This chapter may be cited as the "Petroleum Inspection and Release Compensation Act."

Source: SL 1988, ch 290, § 39.
S.D. Codified Laws § 34-42-1 — SD Code / Title 34 / Chapter 42 / Section 34-42-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Approved," acceptable to the authority having jurisdiction over the sale and use of portable oil - fueled heaters as set forth in this chapter. A listed portable oil - fueled heater may be approved if it satisfies the requirements set forth in this chapter and if the supplier certifies to the authority having jurisdiction over the sale and use of the heater that is listed and in compliance with the provisions of this chapter;

(2) "Listed," any portable oil - fueled heater which has been evaluated with respect to reasonably foreseeable hazards to life and property by a nationally recognized testing or inspection agency, such as Underwriters Laboratories, Inc., and which has been authorized as being reasonably safe for its specific purpose and shown in a list published by the agency or bears the mark, name or symbol of the agency as indication that it has been so authorized. The evaluation shall include but not be limited to evaluation of the requirements set forth in this chapter;

(3) "Oil," any liquid fuel with a flash point of greater than 100 degrees Fahrenheit, including but not limited to kerosene;

(4) "Portable oil - fueled heater," any nonflue - connected, self - contained, self - supporting, oil - fueled, heating appliance equipped with an integral reservoir, designed to be carried from one location to another;

(5) "Structure," any building or completed construction of any kind, including but not limited to, private dwellings or to any structure used for business, commercial, or industrial purposes, but not including buildings under construction or buildings used solely for agricultural purposes.

Source: SL 1983, ch 257, § 1.
S.D. Codified Laws § 34-35-19 — SD Code / Title 34 / Chapter 35 / Section 34-35-19
Promulgation of rules by secretary
Status: in_force

The secretary of public safety may promulgate rules pursuant to chapter 1-26 concerning:

(1) The permit application procedures;

(2) The conditions for awarding a permit;

(3) The provisions to carry out a safe open burn; and

(4) The procedures for appointing designees.

Source: SL 1986, ch 326, § 3; SL 2021, ch 1 (Ex. Ord. 21-3 ), §§ 14, 68, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-7-10 — SD Code / Title 34A / Chapter 7 / Section 34A-7-10
Enforced removal of litter upon conviction of accumulation violation--Costs taxed against violator
Status: in_force

In addition to any fine imposed under this chapter, the court may order that the person convicted of such a violation remove and properly dispose of the litter, may employ special bailiffs to supervise such removal and disposal, and may tax the costs of such supervision as costs against the person so convicted.

Source: SL 1974, ch 242, § 6; SDCL Supp, § 34-16C-14.
S.D. Codified Laws § 34-20B-67 — SD Code / Title 34 / Chapter 20B / Section 34-20B-67
Peace officers to cooperate with Division of Criminal Investigation
Status: in_force

It is hereby made the duty of all peace officers within the state to cooperate with the Division of Criminal Investigation, its officers, agents, inspectors, and representatives, and to carry out all lawful orders issued by the Division of Criminal Investigation, its officers, agents, inspectors, and representatives, relating to controlled drugs and substances.

Source: SL 1970, ch 229, § 11 (a) (1); SDCL Supp, § 39-17-126.
S.D. Codified Laws § 34A-6-82 — SD Code / Title 34A / Chapter 6 / Section 34A-6-82
Payment of disposal fee by landfill owner--Accrual of obligation--Date due--Records
Status: in_force

The solid waste management fee imposed by § 34A-6-81 shall be paid by the owner of the landfill facility and remitted to the state treasury. The obligation of the owner to pay the fee accrues at the time the solid waste is disposed of at the landfill facility. This fee shall be due and payable on or before the fifteenth day of the month next succeeding the month in which the fee accrued together with a return on such form or forms as may be prescribed by the secretary of revenue. Facilities without scales that determine their fees on the basis of population served as provided for under § 34A-6-81 may submit one annual report and fee for the period July first to June thirtieth, inclusive, the report and fee due and payable on or before July thirty - first of the current year. Each operator of a landfill facility who is required to pay this fee shall keep complete and accurate records in such form as the secretary of revenue, by rules promulgated pursuant to chapter 1-26 , may require.

Source: SL 1992, ch 254, § 50I; SL 1993, ch 257, § 5.
S.D. Codified Laws § 34-20B-25 — SD Code / Title 34 / Chapter 20B / Section 34-20B-25
Substances included in Schedule IV
Status: in_force

The following are included in Schedule IV:

(1) Chlordiazepoxide, but not including librax (chlordiazepoxide hydrochloride and clindinium bromide) or menrium (chlordiazepoxide and water soluble esterified estrogens);

(2) Clonazepam;

(3) Clorazepate;

(4) Diazepam;

(5) Flunitrazepam;

(6) Flurazepam;

(7) Mebutamate;

(8) Oxazepam;

(9) Prazepam;

(10) Lorazepam;

(11) Triazolam;

(12) Any substance that contains any quantity of a benzodiazepine, or salt of benzodiazepine, except substances that are specifically listed in other schedules;

(13) Alprazolam;

(14) Midazolam;

(15) Temazepam;

(16) Cathine;

(17) Fencamfamine;

(18) Fenproporex;

(19) Mefenorex;

(20) Pyrovalerone;

(21) Propoxyphene;

(22) Pentazocine;

(23) Diethylpropion;

(24) Ethchlorvynol;

(25) Ethinamate;

(26) Mazindol;

(27) Mephobarbital;

(28) Methohexitol;

(29) Paraldehyde;

(30) Pemoline;

(31) Petrichloral;

(32) Phentermine;

(33) Barbital;

(34) Phenobarbital;

(35) Meprobamate;

(36) Zolpidem;

(37) Butorphanol;

(38) Modafinil, including its salts, isomers, and salts of isomers;

(39) Sibutramine;

(40) Zaleplon;

(41) Dichloralphenazone;

(42) Zopiclone, also known as eszopiclone, including its salts, isomers, and salts of isomers;

(43) Pregabalin;

(44) Lacosamide;

(45) Fospropofol, including its salts, isomers, and salts of isomers;

(46) Clobazam;

(47) Carisoprodol, including its salts, isomers, and salts of isomers;

(48) Ezogabine,[-[2-amino-4-(4-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester], including its salts, isomers, and salts of isomers;

(49) Lorcaserin, any material, compound, mixture, or preparation that contains any quantity of the following substances, including its salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible;

(50) Alfaxalone, 5[alpha]-pregnan-3[alpha]-ol-11,20-dione, including its salts, isomers, and salts of isomers;

(51) Tramadol, 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical and geometric isomers and salts of these isomers;

(52) Suvorexant, including its salts, isomers, and salts of isomers;

(53) Eluxadoline,(5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1-(4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic acid) including its optical isomers and its salts, isomers, and salts of isomers;

(54) Brivaracetam;

(55) Solriamfetol (2-amino-3-phenylpropyl carbamate; benzenepropanol, beta-amino-, carbamate (ester)), including its salts, isomers, and salts of isomers whenever the existence of the salts, isomers, and salts of isomers is possible;

(56) Brexanolone, (3[alpha]-hydroxy-5[alpha]-pregnan-20-one), including its salts, isomers, and salts of isomers whenever the existence of the salts, isomers, and salts of isomers is possible;

(57) Cenobamate ([(1R)-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl] carbamate; 2H-tetrazole-2-ethanol, alpha-(2-chlorophenyl)-, carbamate (ester), (alphaR)-; carbamic acid (R)-(+)-1-(2-chlorophenyl)-2-(2H-tetrazol-2-yl)ethyl ester);

(58) Lasmiditan [2,4,6-trifluoro-N-(6-(1-methylpiperidine-4-carbonyl)pyridine-2-yl)-benzamide];

(59) Lemborexant, including its salts, isomers, and salts of isomers;

(60) Remimazolam;

(61) Serdexmethylphenidate, including its salts, isomers, and salts of isomers;

(62) Daridorexant, including its salts, isomers, and salts of isomers;

(63) Ganaxolone, including its salts;

(64) Zuranolone; and

(65) The pharmaceutical composition of crystalline polymorph psilocybin in a drug product approved by the United States Food and Drug Administration.

Source: SL 1977, ch 315, § 6; SL 1978, ch 249, §§ 2, 3; SL 1980, ch 240, § 2; SL 1981, ch 261, § 3; SL 1985, ch 278, § 53; SL 1987, ch 255; SL 1989, ch 293, § 4; SL 1990, ch 270, § 2; SL 1992, ch 245, § 3; SL 1993, ch 247, § 7; SL 1994, ch 278, § 4; SL 1995, ch 191, § 2; SL 1999, ch 174, § 2; SL 2000, ch 170, § 4; SL 2002, ch 167, § 2; SL 2003, ch 183, § 4; SL 2006, ch 179, § 2, eff. Feb. 9, 2006; SL 2010, ch 174, § 3, eff. Feb. 24, 2010; SL 2012, ch 183, § 3, eff. Feb. 23, 2012; SL 2013, ch 156, § 5, eff. Mar. 6, 2013; SL 2015, ch 180, § 5, eff. Feb. 18, 2015; SL 2016, ch 175, § 4, eff. Feb. 18, 2016; SL 2017, ch 156, § 3, eff. Feb. 3, 2017; SL 2017, ch 155, § 2; SL 2019, ch 148, § 4, eff. Feb. 19, 2019; SL 2020, ch 144, § 3, eff. Mar. 9, 2020; SL 2021, ch 144, § 6, eff. Feb. 17, 2021; SL 2022, ch 109, § 4, eff. Feb. 9, 2022; SL 2023, ch 119, § 3, eff. Feb. 9, 2023; SL 2024, ch 130, § 3, eff. Feb. 14, 2024; SL 2026, ch 149, § 2.
S.D. Codified Laws § 34-20A-66 — SD Code / Title 34 / Chapter 20A / Section 34-20A-66
Approval of application--Intake procedure--Retention or transfer
Status: in_force

Upon approval of the application by the administrator of the approved treatment facility or an authorized designee, the person shall be retained or brought to the facility by a law enforcement officer or any other interested person. A law enforcement officer must only transport the person if criteria for protective custody is met under § 34-20A-55 at the time of transport. A law enforcement officer shall notify the treatment facility if criteria for protective custody under § 34-20A-55 is not met. The person must be retained at the facility to which the person was admitted, or transferred to another appropriate treatment facility, until discharged under § 34-20A-68 .

Source: SL 1974, ch 240, § 11 (c); SL 1985, ch 277, § 17; SL 2022, ch 108, § 9.
S.D. Codified Laws § 34-11-11 — SD Code / Title 34 / Chapter 11 / Section 34-11-11
Development of quality assurance program for advanced life support providers--Requirements--Reviews--Reports
Status: in_force

Any ambulance service that provides advanced life support, as defined in § 36-4B-1 , shall implement a quality assurance program that provides for chart review of all patient care provided by the ambulance service.

Source: SL 2003, ch 179, § 1; SL 2004, ch 17, § 207; SL 2015, ch 277 (Ex. Ord. 15-1), § 33, eff. Apr. 20, 2015; SL 2024, ch 126, § 14.
S.D. Codified Laws § 34A-2B-9 — SD Code / Title 34A / Chapter 2B / Section 34A-2B-9
Violator's liability for expenses
Status: in_force

Any person who has caused a discharge in violation of § 34A-2B-6 is strictly liable for the corrective action costs expended by the department.

Source: SL 1998, ch 216, § 12.
S.D. Codified Laws § 34A-2-66 — SD Code / Title 34A / Chapter 2 / Section 34A-2-66
Legal representation of board in appeal
Status: in_force

In any appeal from the board, the attorney general shall represent the board, if requested, or the board may appoint special counsel for the proceedings, subject to the approval of the attorney general.

Source: SL 1973, ch 280, § 12 (1); SDCL Supp, § 46-25-82.
S.D. Codified Laws § 34-29B-27 — SD Code / Title 34 / Chapter 29B / Section 34-29B-27
Municipal regulation of tank vehicles--Load and capacity of vehicles
Status: in_force

Nothing in this chapter may be construed to mean that a governing body of a first or second class municipality may not regulate movement of tank vehicles to specific routes and streets. Load and capacity of tank vehicles shall be governed by the uniform motor vehicle and traffic laws of South Dakota and local regulation as therein authorized.

Source: SL 1991, ch 283, § 75; SL 1992, ch 60, § 2.
S.D. Codified Laws § 34-20B-100 — SD Code / Title 34 / Chapter 20B / Section 34-20B-100
Contracts with government agencies or private organizations
Status: in_force

The Department of Health is hereby authorized to contract with agencies of the federal, state, or local government or any private organization or foundation for the purposes of carrying out its functions under this chapter.

Source: SL 1974, ch 263; SDCL Supp, § 39-17-150.1.
S.D. Codified Laws § 34-20A-82 — SD Code / Title 34 / Chapter 20A / Section 34-20A-82
Discharge from recommitment--Second period of recommitment
Status: in_force

A person recommitted under § 34-20A-81 who has not been discharged before the end of the ninety - day period shall be automatically discharged at the expiration of that period unless the administrator, or an authorized designee of the facility to which the patient is committed prior to expiration of the period, obtains a court order on the grounds set forth in § 34-20A-70 for recommitment for a further period not to exceed ninety days.

Source: SL 1974, ch 240, § 12 (f); SL 1985, ch 277, § 32.
S.D. Codified Laws § 34A-2-111 — SD Code / Title 34A / Chapter 2 / Section 34A-2-111
Complaint required to be signed
Status: in_force

No inspection or other action pursuant to § 34A-2-40 , 34A-2-44 , or 34A-2-45 that is based on, or is the result of, a complaint or the provision of information by a member of the general public may be carried out unless the person making the complaint or providing the information signs a complaint. The complaint shall remain confidential with the board and the secretary.

Source: SL 1991, ch 290.
S.D. Codified Laws § 34-25-18 — SD Code / Title 34 / Chapter 25 / Section 34-25-18
Medical certificate signed by attending physician, physician assistant, or nurse practitioner--Time for execution
Status: in_force

The licensed physician, physician assistant, or certified nurse practitioner, if any, last in attendance on any person whose death occurs in this state, shall complete, sign, and file a medical certificate with the department within five days of the date of death except in cases where the secretary of health has provided for longer periods by rules adopted pursuant to chapter 1-26 .

Source: SDC 1939, § 27.0208; SL 1972, ch 194, § 23; SL 1991, ch 198, § 3; SL 2003, ch 186, § 2; SL 2017, ch 171, § 50.
S.D. Codified Laws § 34-23A-25 — SD Code / Title 34 / Chapter 23A / Section 34-23A-25
Analyses of pregnancy outcomes
Status: in_force

The department may collect data from health providers and medical facilities for purposes of performing analyses of pregnancy outcomes to determine the number, or if that is not possible, the best available estimate of the number, of each of the following:

(1) Ectopic pregnancies;

(2) Stillbirths;

(3) Live births;

(4) Molar pregnancies;

(5) Spontaneous abortions;

(6) Induced abortions; and

(7) Any other pregnancy - related classifications the department deems useful.

Source: SL 1993, ch 251, § 2A.
S.D. Codified Laws § 34-23B-9 — SD Code / Title 34 / Chapter 23B / Section 34-23B-9
Receipt of information
Status: in_force

If a pregnant mother is notified of a lethal fetal anomaly, the health care provider shall, at the time of notification, provide the mother with copies of the brochure and lists referenced in § 34-23B-8 .

Source: SL 2021, ch 152, § 3.
S.D. Codified Laws § 34A-12-3.1 — SD Code / Title 34A / Chapter 12 / Section 34A-12-3.1
Subfund created--Disbursement and use of funds
Status: in_force

A subfund of the regulated substances response fund is hereby created for recovered leaking underground storage tank trust fund moneys. The subfund shall be separately maintained and administered in the manner required by the Superfund Amendments and Reauthorization Act of 1986 as amended as of January 1, 2011. Moneys deposited in the subfund may be disbursed and used only for the purposes authorized under subtitle I of the Resources Conservation Recovery Act as amended to January 1, 2011.

Source: SL 1990, ch 283, § 4; SL 2011, ch 165, § 153.
S.D. Codified Laws § 34-23A-22 — SD Code / Title 34 / Chapter 23A / Section 34-23A-22
Cause of action for certain abortions--Amount of damages--Attorney's fees
Status: in_force

If any person performs an abortion willfully, wantonly, or maliciously in disregard to § 34-23A-2.1 , 34-23A-7 , or 34-23A-10.1 , the person upon whom such an abortion has been performed, and the parent of a minor child upon whom such an abortion was performed, or any of them, may maintain an action against the person who performed the abortion not to exceed ten thousand dollars in punitive damages. Any person upon whom such an abortion has been attempted may maintain an action against the person who attempted to perform the abortion not to exceed five thousand dollars in punitive damages.

If judgment is rendered in favor of the plaintiff in any such action, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant. If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous or brought in bad faith, the court shall also render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff.

Source: SL 1993, ch 249, § 8; SL 1997, ch 204, § 5.
S.D. Codified Laws § 34-12G-5 — SD Code / Title 34 / Chapter 12G / Section 34-12G-5
Rural community agreement for payment of recruitment assistance
Status: in_force

Any agreement for the payment of recruitment assistance pursuant to §§ 34-12G-1 to 34-12G-9 , inclusive, shall obligate the rural community to be served by a physician, dentist, physician assistant, certified nurse practitioner, or certified nurse midwife to provide a portion of the total amount of the incentive payment, based on the following criteria: communities of two thousand five hundred persons or less shall provide twenty-five percent of incentive payments; communities of more than two thousand five hundred persons and less than five thousand persons shall provide fifty percent of incentive payments; and all remaining eligible communities shall provide seventy-five percent of incentive payments. When the rural community certifies to the secretary of health that it has paid the full amount for which it is obligated, the secretary of the Department of Health shall pay to the physician, dentist, physician assistant, certified nurse practitioner, or certified nurse midwife the remaining balance of the total incentive payment amount. The secretary shall pay the required amount out of funds appropriated by the Legislature for such purpose. The incentive payment shall be paid upon completion of the required three-year practice period by the physician, dentist, physician assistant, certified nurse practitioner, or certified nurse midwife. However, a community may pay its portion of the incentive payment at any time during the three-year period.

Source: SL 2012, ch 179, § 5; SL 2017, ch 171, § 50.
S.D. Codified Laws § 34-12-15.2 — SD Code / Title 34 / Chapter 12 / Section 34-12-15.2
Residents' funds kept separate--Free from facility's liabilities
Status: in_force

Upon written authorization of the resident, every nursing facility shall hold, safeguard, and account for the moneys and funds of residents of such home and shall keep such moneys and funds separate, intact, and free from any liability which the facility incurs.

Source: SL 1977, ch 279, § 2; SL 1991, ch 271, § 1.
S.D. Codified Laws § 34-20A-73 — SD Code / Title 34 / Chapter 20A / Section 34-20A-73
Hearing on petition--Service--Right to be represented
Status: in_force

Upon filing of a petition under § 34-20A-70 , the court shall fix a date for a hearing no later than ten days, excluding Saturdays, Sundays, and legal holidays, after the date the petition was filed. A copy of the petition and of the notice of the hearing, including the date fixed by the court, must be personally served on the person whose commitment is sought and served by mail on the petitioner, the person's next of kin other than the petitioner, a parent or guardian if a minor, the administrator in charge of the approved treatment facility to which the person has been under emergency detainment, if applicable, and any other person the court believes advisable.

Upon service of the petition, the person whose commitment is sought must be notified, in writing, of the person's right to be represented by counsel at every stage of any proceedings relating to commitment, and that if the person is unable to obtain counsel, the court may appoint one to the person.

Source: SL 1974, ch 240, § 12 (b); SL 1985, ch 277, § 24; SL 1993, ch 213, § 225; SL 2022, ch 108, § 14; SL 2023, ch 117, § 10.
S.D. Codified Laws § 34A-6-66 — SD Code / Title 34A / Chapter 6 / Section 34A-6-66
Waste tire stockpiling and processing facilities—Promulgation of rules
Status: in_force

The department shall determine the number of stockpiling facilities that are necessary; and the board shall promulgate rules, pursuant to chapter 1-26 , for waste tire stockpiling and processing facilities. The rules shall include the following:

(1) The prohibition of burning within one hundred yards of a tire stockpile;

(2) The maximum height, width, and length of a tire stockpile;

(3) Plans to control mosquitos and rodents;

(4) A facility closure plan;

(5) Specifications for fire lanes between stockpiles;

(6) Limitation of the total number of tires allowed at a single stockpile site;

(7) Criteria for the issuance of permits to qualified waste tire stockpiling and processing facilities. No waste tire stockpiling or processing may be done without a permit; and

(8) Appropriate waste tire processing methods.

Source: SL 1992, ch 254, § 28; SL 2021, ch 163, § 2.
S.D. Codified Laws § 34-45-23 — SD Code / Title 34 / Chapter 45 / Section 34-45-23
"Commission" defined
Status: in_force

The term, commission, as used in §§ 34-45-22 to 34-45-32 , means the Law Enforcement Officers Standards Commission created pursuant to §§ 23-3-28 and 23-3-30 .

Source: SL 1998, ch 142, § 2.
S.D. Codified Laws § 34A-1-10 — SD Code / Title 34A / Chapter 1 / Section 34A-1-10
Cooperation by department with other agencies, persons, and groups
Status: in_force

The department may:

(1) Advise, consult, and cooperate with agencies of the state, local governments, industries, other states, interstate or interlocal agencies, and the federal government, and with interested persons or groups;

(2) Encourage local units of government to handle air pollution problems within their respective jurisdictions and on a cooperative basis, and provide them with technical and consultative assistance;

(3) Encourage voluntary cooperation by persons or affected groups to achieve the purposes of this chapter; and

(4) Consult, upon request, with any person proposing to construct, install, or otherwise acquire an air contaminant source or device or system for the control of the source, device, or system, concerning the efficacy of the device or system, or the air pollution problem that may be related to the source, device, or system. Nothing in any such consultation relieves any person from compliance with this chapter, any rules in force pursuant to this chapter, or any other provisions of law.

Source: SL 1970, ch 203, § 5(6) to (8), (14), (15); SDCL Supp, § 34-16A-17; SL 1977, ch 280, § 6; SL 1986, ch 295, § 6; SL 2011, ch 165, § 9.
S.D. Codified Laws § 34-25-21 — SD Code / Title 34 / Chapter 25 / Section 34-25-21
Notice of death without attending physician, physician assistant, or nurse practitioner--Preparation of medical certificate--Violation as misdemeanor
Status: in_force

If a death occurs without the attendance of a licensed physician, physician assistant, or certified nurse practitioner, the person in charge of the body shall notify the county coroner and sheriff of the death. Upon notification, the county coroner shall complete the medical certificate from the statement of relatives or other persons having adequate knowledge of the facts. The coroner, or deputy coroner in the absence of the coroner, shall complete, sign, and file the medical certificate with the department within five days of the date of death, unless an autopsy or investigation is pending, in which case the pending autopsy or investigation shall be noted on the medical certificate. In the absence of a coroner or deputy coroner, or if the coroner is unable to act, and only in such case, the local registrar shall prepare the medical certificate from the statement of relatives or other person having knowledge of the facts.

Unless good cause is shown, a person in charge of a body who fails to notify the county coroner and sheriff of the death no later than twenty-four hours following the death is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 27.0209; SL 1968, ch 113; SL 1974, ch 55, § 34; SL 1985, ch 280; SL 1993, ch 253, § 6; SL 2003, ch 186, § 3; SL 2017, ch 171, § 50; SL 2019, ch 153, § 2.
S.D. Codified Laws § 34-44-22 — SD Code / Title 34 / Chapter 44 / Section 34-44-22
Ability and proficiency of person providing training course to be demonstrated
Status: in_force

In addition to the requirements under § 34-44-21 , the person providing a training course for which approval is sought shall demonstrate the person's ability and proficiency to conduct the training to the department's satisfaction.

Source: SL 1988, ch 284, § 20; SL 2011, ch 165, § 5.
S.D. Codified Laws § 34-46-2.2 — SD Code / Title 34 / Chapter 46 / Section 34-46-2.2
Merchants--Notice requirement--Contents
Status: in_force

A merchant shall conspicuously post a notice, on the merchant's premises, stating that "No person under the age of 21 may be sold tobacco products."

Any owner, lessee, or person having control of any cigarette vending machine shall post, in a conspicuous place on each machine in use within the state, a warning which shall be printed in bold type letters each of which shall be at least one-half inch high and which shall be kept in easily legible form and repair stating:

"Any person under 21 years of age is forbidden by law to purchase cigarettes from this machine."

Source: SL 2000, ch 185, § 4; SL 2020, ch 148, § 2.Except as otherwise provided in this section, a merchant shall conspicuously post a notice, on the merchant's premises, stating in text at least one inch in height, that no person under the age of twenty-one may be sold nicotine products, as defined in § 10-50E-1 .

For purposes of this section, the notice may be displayed electronically on a vending machine.

Adjacent to the sign, the licensee shall display a valid license issued under this chapter. A vending machine constitutes the point of sale for nicotine products sold from the vending machine.

Source: SL 2000, ch 185, § 4; SL 2020, ch 148, § 2; SL 2026, ch 54, § 20, eff. Jan. 1, 2027.
S.D. Codified Laws § 34A-6-1.24 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.24
Decision by board--Scope and content of order
Status: in_force

After a hearing, or on the failure of an alleged violator to make a timely request for a hearing, the board may issue an appropriate decision in compliance with § 1-26-25 and an order to prevent, abate, restrain, or control acts in violation of §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, or to protect the public interest. The order shall state the date or dates by which any violation shall cease and may prescribe timetables for obtaining compliance and for necessary action in preventing, abating, or controlling the pollution.

Source: SL 1989, ch 306, § 24.
S.D. Codified Laws § 34A-5-37 — SD Code / Title 34A / Chapter 5 / Section 34A-5-37
Rates and charges to be sufficient for operation of facilities and retirement of revenue bonds
Status: in_force

If revenue bonds are issued in accordance with the provisions of chapter 9-40 , the sanitary district shall, until all such bonds and interest on the bonds are fully paid, fix such rates and charges and revise them from time to time in such manner that the collections of the charges will be adequate to:

(1) Pay all current, reasonable, and necessary expenses of the operation and maintenance of all facilities whose revenues are pledged for the payment of the bonds;

(2) Produce net revenues, in excess of such current costs of operation and maintenance, at all times sufficient to pay the principal and interest due on the bonds; and

(3) Accumulate and maintain reserves for the further security of the bonds in such amounts as are agreed in the resolutions authorizing the bonds.

Source: SDC Supp 1960, § 45.3815 (8) as added by SL 1964, ch 144, § 7; SDCL § 34-17-30; SL 2011, ch 165, § 97.
S.D. Codified Laws § 34-49-23 — SD Code / Title 34 / Chapter 49 / Section 34-49-23
Construction of chapter with law of other states
Status: in_force

It is the intent of the Legislature that this chapter be construed consistent with comparable reduced ignition propensity laws enacted by other states.

Source: SL 2009, ch 172, § 23, eff. Jan. 1, 2011.
S.D. Codified Laws § 34-20C-7 — SD Code / Title 34 / Chapter 20C / Section 34-20C-7
Restrictions on action for damages
Status: in_force

No user may bring an action for damages caused by the use of an illegal drug except as otherwise provided in §§ 34-20C-8 to 34-20C-10 , inclusive.

Source: SL 1997, ch 203, § 8.
S.D. Codified Laws § 34-49-10 — SD Code / Title 34 / Chapter 49 / Section 34-49-10
Civil penalties for sales or offers for sale of cigarettes by manufacturers, distributors, or wholesalers in violation of requirements
Status: in_force

A manufacturer, distributor, wholesaler, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of §§ 34-49-2 to 34-49-7 , inclusive, is subject to a civil penalty by the state fire marshal not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale. However, in no case may the penalty against any such person or entity exceed one hundred thousand dollars during any thirty-day period. Beginning on January 1, 2011, any person who sells or offers to sell cigarettes, other than through retail sale, that have not been marked as required by § 34-49-9 is deemed to have knowingly sold or offered for sale such cigarettes in violation of §§ 34-49-2 to 34-49-7 , inclusive.

Source: SL 2009, ch 172, § 10, eff. Jan. 1, 2011.
S.D. Codified Laws § 34-12D-21 — SD Code / Title 34 / Chapter 12D / Section 34-12D-21
Assumption as to valid declaration permissible
Status: in_force

In the absence of actual knowledge to the contrary, a health care provider may assume that a declaration complies with this chapter and is valid.

Source: SL 1991, ch 273, § 20; SL 2007, ch 193, § 11.
S.D. Codified Laws § 34-20C-2 — SD Code / Title 34 / Chapter 20C / Section 34-20C-2
Liability for participation in drug market--Law enforcement agency participation
Status: in_force

Any person who knowingly participates in the illegal drug market within this state is liable for civil damages as provided in this chapter. Any law enforcement officer or agency or a person acting at the direction of a law enforcement officer or agency is not liable for participating in the illegal drug market if the participation is in furtherance of an official investigation.

Source: SL 1997, ch 203, § 3.
S.D. Codified Laws § 34-20A-65 — SD Code / Title 34 / Chapter 20A / Section 34-20A-65
Administrator to observe--Refusal of application--Disposition of detained person
Status: in_force

The administrator of an approved treatment facility or an authorized designee shall refuse an application if the application fails to sustain the grounds for emergency detainment set forth in § 34-20A-63 . The administrator of an approved treatment facility or an authorized designee may also refuse an application if, upon personal observation, the person to be detained does not meet the grounds for emergency detainment set forth in § 34-20A-63 . The person detained shall be immediately released and must be encouraged to seek voluntary treatment if appropriate, unless the person is under protective custody. In that event, the person may be detained until no longer intoxicated or up to forty - eight hours.

Source: SL 1974, ch 240, § 11 (d); SL 1985, ch 277, § 16; SL 2022, ch 108, § 8.
S.D. Codified Laws § 34-11-20 — SD Code / Title 34 / Chapter 11 / Section 34-11-20
Nurse providing services--Limited immunity
Status: in_force

A registered nurse or licensed practical nurse, authorized by § 34-11-19 , is not liable for civil damages for any act or omission in connection with care provided on an ambulance run, unless the act or omission is inconsistent with the nurse's training, or the act or omission was the result of gross negligence or willful misconduct.

Source: SL 2026, ch 143, § 4.
S.D. Codified Laws § 34A-5-21.1 — SD Code / Title 34A / Chapter 5 / Section 34A-5-21.1
Vacancies on board of trustees
Status: in_force

If a vacancy occurs on a sanitary district board of trustees, the remaining members shall appoint a replacement to serve the remainder of such term.

Source: SL 1984, ch 245; SL 1990, ch 284, § 3.
S.D. Codified Laws § 34-10-6 — SD Code / Title 34 / Chapter 10 / Section 34-10-6
List of electors obtained from county auditors
Status: in_force

Before any election is held, the election board shall obtain from the county auditor or auditors a registration list for the area within the boundaries of the proposed district, which shall show the names of all qualified electors within the proposed district.

Source: SL 1959, ch 135, § 6; SDC Supp 1960, § 27.19B06.
S.D. Codified Laws § 34-20G-1 — SD Code / Title 34 / Chapter 20G / Section 34-20G-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Allowable amount of cannabis,":

(a) Three ounces of cannabis or less;

(b) The quantity of cannabis products as established by rules promulgated by the department under § 34-20G-72 ;

(c) If the cardholder has a registry identification card allowing cultivation, two flowering cannabis plants and two cannabis plants that are not flowering; and

(d) If the cardholder has a registry identification card allowing cultivation, the amount of cannabis and cannabis products that were produced from the cardholder's allowable plants, if the cannabis and cannabis products are possessed at the same property where the plants were cultivated;

(2) "Bona fide practitioner-patient relationship," a treatment or consulting relationship between a practitioner and patient, during which:

(a) The practitioner completes, at the initial visit, an assessment of the patient's medical history and current medical condition, including an appropriate in-person physical examination;

(b) The patient is under the practitioner's care for the debilitating medical condition that qualifies the patient for the medical use of cannabis or has been referred by the practitioner caring for the patient's debilitating medical condition that qualifies the patient for the medical use of cannabis to another practitioner;

(c) The patient has a reasonable expectation that the practitioner providing the written certification will continue to provide follow-up care to the patient to monitor the medical use of cannabis; and

(d) The relationship is not for the sole purpose of providing a written certification for the medical use of cannabis unless the patient has been referred by a practitioner providing care for the debilitating medical condition that qualifies the patient for the medical use of cannabis;

(3) "Cannabis products," any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures;

(4) "Cannabis product manufacturing facility," an entity registered with the department pursuant to this chapter that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a medical cannabis dispensary;

(5) "Cannabis testing facility" or "testing facility," an independent entity registered with the department pursuant to this chapter to analyze the safety and potency of cannabis;

(6) "Cardholder," a qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card;

(7) "Cultivation facility," an entity registered with the department pursuant to this chapter that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a medical cannabis establishment;

(8) "Debilitating medical condition,":

(a) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating pain; severe nausea, except nausea associated with pregnancy; seizures; or severe and persistent muscle spasms;

(b) Acquired immune deficiency syndrome or positive status for human immunodeficiency virus;

(c) Amyotrophic lateral sclerosis;

(d) Multiple sclerosis;

(e) Cancer or its treatment, if associated with severe or chronic pain, nausea or severe vomiting, or cachexia or severe wasting;

(f) Crohn's disease;

(g) Epilepsy and seizures; or

(h) Post-traumatic stress disorder;

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

(10) "Designated caregiver," an individual who:

(a) Is at least twenty-one years of age;

(b) Has agreed to assist with a qualifying patient's medical use of cannabis;

(c) Has not been convicted of a disqualifying felony offense; and

(d) Assists no more than five qualifying patients with the medical use of cannabis, unless the designated caregiver's qualifying patients each reside in or are admitted to a health care facility, as defined in § 34-12-1.1 , an accredited prevention or treatment facility, as defined in § 34-20A-2 , a mental health center, as defined in § 27A-1-1 , a child welfare agency, as defined in § 26-6-1 , or a community support provider or community services provider, as defined in § 27B-1-17 , where the designated caregiver is employed;

(11) "Disqualifying felony offense," a violent crime that was classified as a felony in the jurisdiction where the person was convicted;

(12) "Edible cannabis products," any product that:

(a) Contains or is infused with cannabis or an extract thereof;

(b) Is intended for human consumption by oral ingestion; and

(c) Is presented in the form of foodstuffs, beverages, oils, tinctures, or other similar products;

(13) "Enclosed, locked facility," any closet, room, greenhouse, building, or other enclosed area that is equipped with locks or other security devices that permit access only by a cardholder or a person allowed to cultivate the plants. Two or more cardholders who reside in the same dwelling may share one enclosed, locked facility for cultivation;

(14) "Flowering cannabis plant," the reproductive state of the cannabis plant in which the plant shows physical signs of flower budding out of the nodes of the stem;

(15) "Medical cannabis" or "cannabis," marijuana as defined in § 22-42-1 ;

(16) "Medical cannabis dispensary" or "dispensary," an entity registered with the department pursuant to this chapter that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials to cardholders;

(17) "Medical cannabis establishment," a cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a dispensary;

(18) "Medical cannabis establishment agent," an owner, officer, board member, employee, or volunteer at a medical cannabis establishment;

(19) "Medical use," includes the acquisition, administration, cultivation, manufacture, delivery, harvest, possession, preparation, transfer, transportation, or use of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a registered qualifying patient's debilitating medical condition or symptom associated with the patient's debilitating medical condition. The term does not include:

(a) The cultivation of cannabis by a nonresident cardholder;

(b) The cultivation of cannabis by a cardholder who is not designated as being allowed to cultivate on the cardholder's registry identification card; or

(c) The extraction of resin from cannabis by solvent extraction unless the extraction is done by a cannabis product manufacturing facility;

(20) "Nonresident cardholder," a person who:

(a) Has been diagnosed with a debilitating medical condition, or is the parent, guardian, conservator, or other person with authority to consent to the medical treatment of a person who has been diagnosed with a debilitating medical condition;

(b) Is not a resident of this state or who has been a resident of this state for fewer than forty-five days;

(c) Was issued a currently valid registry identification card or its equivalent by another state, district, territory, commonwealth, insular possession of the United States, or country recognized by the United States that allows the person to use cannabis for medical purposes in the jurisdiction of issuance; and

(d) Has submitted any documentation required by the department, and has received confirmation of registration;

(21) "Practitioner," a physician, physician assistant, or advanced practice registered nurse, who is licensed with authority to prescribe drugs to humans. In relation to a nonresident cardholder, the term means a person who is licensed with authority to prescribe drugs to humans in the state of the patient's residence;

(22) "Qualifying patient," a person who has been diagnosed by a practitioner as having a debilitating medical condition;

(23) "Registry identification card," a document issued by the department that identifies a person as a registered qualifying patient or registered designated caregiver, or documentation that is deemed a registry identification card pursuant to §§ 34-20G-29 to 34-20G-42 , inclusive;

(24) "Safety-sensitive job," any position with tasks or duties that an employer reasonably believes could:

(a) Cause the illness, injury, or death of an individual; or

(b) Result in serious property damage;

(25) "Under the influence of cannabis," any abnormal mental or physical condition that tends to deprive a person of clearness of intellect and control that the person would otherwise possess, as the result of consuming any degree of cannabis or cannabis products; and

(26) "Written certification," a document dated and signed by a practitioner:

(a) Stating that the patient has a qualifying debilitating medical condition or symptom associated with the debilitating medical condition;

(b) Affirming that the document is made in the course of a bona fide practitioner-patient relationship;

(c) Specifying the qualifying patient's debilitating medical condition; and

(d) Specifying the expiration date of the qualifying patient's written certification, pursuant to § 34-20G-43 ; and

(e) Specifying whether the practitioner has previously issued the patient a written certification and the date of that written certification.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 114, § 1; SL 2022, ch 115, § 1; SL 2022, ch 116, § 1; SL 2022, ch 117, § 1; SL 2022, ch 118, § 1; SL 2022, ch 119, § 1; SL 2022, ch 120, § 1; SL 2023, ch 120, § 1; SL 2023, ch 121, § 1; SL 2023, ch 122, § 1; SL 2024, ch 132, § 1.
S.D. Codified Laws § 34-27-11 — SD Code / Title 34 / Chapter 27 / Section 34-27-11
Card-index records of burials maintained by local registrar--Contents
Status: in_force

The local registrar of vital records shall provide and maintain for all burials within his district a card - index file, alphabetical by name of deceased and under cemetery name, such card - index record to be maintained on 3x5 cards, each bearing the following information: name of cemetery, burial or removal permit number, name of deceased person, date of death, date of burial, veteran or nonveteran, location of burial by cemetery section number, block, lot, and grave number, date of filing, and book and page number wherein such permit is recorded. The registrar in maintaining such card - index record, shall use a white or buff colored card for the recording of each nonveteran and a blue or cherry colored card for recording each veteran's burial, for ready reference.

Source: SDC 1939, § 27.0217 as added by SL 1941, ch 124, § 6; SL 1945, ch 105.
S.D. Codified Laws § 34-20B-30 — SD Code / Title 34 / Chapter 20B / Section 34-20B-30
Exemptions from annual registration requirements
Status: in_force

The following persons shall not be required to register under the provisions of § 34-20B-29 :

(1) An agent, or an employee thereof, of any manufacturer, distributor, or dispenser of any controlled drug or substance if such agent is acting in the usual course of his business or employment;

(2) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled drug or substance is in the usual course of his business or employment;

(3) A person in possession of any controlled drug or substance pursuant to a lawful order of a practitioner.

Source: SL 1970, ch 229, § 9 (b); SDCL Supp, § 39-17-73.
S.D. Codified Laws § 34A-2-36 — SD Code / Title 34A / Chapter 2 / Section 34A-2-36
Permit to discharge waste into surface waters required--Issuance--Maximum duration--Standards to be met--Violation
Status: in_force

No person may discharge any waste, pollutant, or combination of pollutants, into surface waters from a point source without a permit consistent with rules promulgated by the board pursuant to chapter 1-26 and this chapter. A violation of this section is subject to § 34A-2-75 .

The secretary may, after notice and opportunity for public hearing, issue a permit for the discharge of any waste, pollutant, or combination of pollutants into surface waters, for a period not to exceed five years, or for a period not to exceed ten years for a concentrated animal operation that is not required to have a permit under 40 C.F.R. § 122.23(d)(1), as of January 1, 2021, upon condition that such discharge meets or will meet all applicable state and federal water quality standards and effluent standards and all other requirements of this chapter. A violation of a condition of a permit issued pursuant to this section is subject to § 34A-2-75 .

Source: SDC 1939, § 61.0109 as added by SL 1947, ch 416; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0145; repealed by omission from SL 1966, ch 260, § 1; re-enacted by SL 1967, ch 340; SDCL, § 46-25-6; SL 1973, ch 280, § 9; SDCL Supp, § 46-25-52; SL 1988, ch 285, § 7; SL 1992, ch 158, § 25; SL 1993, ch 256, § 17; SL 2021, ch 161, § 1.
S.D. Codified Laws § 34-49-8 — SD Code / Title 34 / Chapter 49 / Section 34-49-8
Certification of testing and compliance with performance standard--Contents
Status: in_force

Each manufacturer shall submit to the state fire marshal a written certification attesting that each cigarette listed in the certification has been tested in accordance with this chapter and meets the performance standard set forth in this chapter.

Each cigarette listed in the certification shall be described with the following information:

(1) Brand or trade name on the package;

(2) Style, such as light or ultra light;

(3) Length in millimeters;

(4) Circumference in millimeters;

(5) Flavor, such as menthol or chocolate, if applicable;

(6) Filter or nonfilter;

(7) Package description, such as soft pack or box;

(8) Marking pursuant to § 34-49-9 ;

(9) The name, address, and telephone number of the laboratory; and

(10) The date that the testing occurred.

The certifications shall be made available to the attorney general and the secretary for purposes consistent with this chapter. Each cigarette certified under this section shall be recertified every three years. For each brand family of cigarettes listed in a certification, a manufacturer shall pay to the state fire marshal a fee of one thousand five hundred dollars. The fee shall apply to all cigarettes within the brand family certified, and shall include any new cigarette certified within the brand family during the three-year certification period.

If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this chapter, that cigarette may not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in this chapter. The manufacturer shall maintain records of that retesting as required by this chapter. Any altered cigarette which does not meet the performance standard set forth in this chapter may not be sold in this state.

Source: SL 2009, ch 172, § 8, eff. Jan. 1, 2011.
S.D. Codified Laws § 34A-2-106 — SD Code / Title 34A / Chapter 2 / Section 34A-2-106
Development and administration of certain ongoing programs--Review and revision by secretary
Status: in_force

The secretary shall develop and administer ongoing programs relating to comprehensive evaluation and management of groundwater quantity and quality to further the goals of §§ 34A-2-1 , 34A-2-103 , and 34A-2-104 . The programs shall include the identification of the general location, quantity, and quality of the state's groundwater. The secretary shall periodically review and revise as necessary the groundwater protection strategy to reflect additional knowledge concerning the extent, if any, of groundwater contamination resulting from fertilizers, pesticides, petroleum products and other pollutants, nonpoint sources of groundwater pollution, any practices or sources which may contribute to contamination of groundwater from both point and nonpoint sources, measures to minimize degradation of groundwater quality by pollutants, vulnerability of specific groundwater supplies to pollution, various analytical methods for analyzing petroleum products and other pollutants, nitrate and other pollutant fate and transport mechanisms, and best available and practicable remedial and disposal methods. The secretary shall incorporate this information in public education and technology transfer activities as appropriate.

Source: SL 1989, ch 306, § 41.
S.D. Codified Laws § 34A-13-17 — SD Code / Title 34A / Chapter 13 / Section 34A-13-17
Attachment of fund to Department of Agriculture and Natural Resources--Reimbursement of costs
Status: in_force

The fund is attached to the Department of Agriculture and Natural Resources for budgeting and administrative support. All necessary costs of the Department of Agriculture and Natural Resources for these services shall be reimbursed from the inspection fees collected pursuant to this chapter.

Source: SL 1988, ch 290, § 17; SL 1991, ch 294, § 26; SL 2003, ch 272 (Ex. Ord. 03-1), § 31; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 154, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-26-10 — SD Code / Title 34 / Chapter 26 / Section 34-26-10
Embalming and preservation of bodies by medical school--Claim by friend or relative
Status: in_force

All bodies delivered pursuant to § 34-26-8 shall be properly embalmed, and shall be preserved for a period of not less than sixty days, during which time any personal friend or relative of the decedent, making request for such body for private interment, shall be given possession thereof.

Source: SL 1909, ch 278, § 1; RC 1919, § 5595; SDC 1939, § 15.1104.
S.D. Codified Laws § 34A-5-14 — SD Code / Title 34A / Chapter 5 / Section 34A-5-14
District as governmental subdivision and public body
Status: in_force

Any sanitary district established under this chapter is a governmental subdivision of this state and a public body, corporate and politic.

Source: SL 1947, ch 226, § 17; SDC Supp 1960, § 45.3817; SDCL § 34-17-14; SL 2011, ch 165, § 88.
S.D. Codified Laws § 34-26-56 — SD Code / Title 34 / Chapter 26 / Section 34-26-56
Who may make anatomical gift of decedent's body or part
Status: in_force

(a) Subject to subsections (b) and (c) and unless barred by § 34-26-54 or § 34-26-55 , an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:

(1) An agent of the decedent at the time of death who could have made an anatomical gift under § 34-26-51(2) immediately before the decedent's death;

(2) The spouse of the decedent;

(3) Adult children of the decedent;

(4) Parents of the decedent;

(5) Adult siblings of the decedent;

(6) Adult grandchildren of the decedent;

(7) Grandparents of the decedent;

(8) An adult who exhibited special care and concern for the decedent;

(9) The persons who were acting as the guardians of the person of the decedent at the time of death; and

(10) Any other person having the authority to dispose of the decedent's body.

(b) If there is more than one member of a class listed in subsection (a) (1), (3), (4), (5), (6), (7), or (9) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under § 34-26-58 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.

(c) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift.

Source: SL 2007, ch 197, § 9.
S.D. Codified Laws § 34-23A-65 — SD Code / Title 34 / Chapter 23A / Section 34-23A-65
Repeal not implied
Status: in_force

Nothing in subdivision 34-23A-10.1 (3), 34-23A-34(22), or 34-23A-56(4A) or § 34-23A-63 or 34-23A-64 repeals, by implication or otherwise, any provision not explicitly repealed.

Source: SL 2014, ch 168, § 6.
S.D. Codified Laws § 34A-3-23 — SD Code / Title 34A / Chapter 3 / Section 34A-3-23
New certificate after suspension or revocation--Judicial review
Status: in_force

If a certificate is suspended or revoked as provided in §§ 34A-3-21 and 34A-3-22 , a new application for certification may be considered by the secretary if, when and after the conditions upon which suspension or revocation was based has been corrected and evidence of this fact has been satisfactorily submitted to the secretary. A new certificate may then be granted after all provisions of this chapter and the rules and regulations adopted hereunder have been complied with. The determination of the secretary is subject to review as provided by chapter 1-26 .

Source: SL 1970, ch 217, § 13; SDCL Supp, § 36-22A-22; revised pursuant to SL 1972, ch 15, § 4.
S.D. Codified Laws § 34-12-46 — SD Code / Title 34 / Chapter 12 / Section 34-12-46
Construction--Fees
Status: in_force

Any new continuing care retirement community may not start construction until escrowed deposits of at least ten percent of the proposed entrance fee has been received for at least fifty percent of the proposed living units planned to be constructed. This section does not apply to the building of a continuing care retirement community if the funds used for building such facility are exclusively derived from sources other than prospective residents.

Source: SL 1998, ch 206, § 7.
S.D. Codified Laws § 34-20-3 — SD Code / Title 34 / Chapter 20 / Section 34-20-3
Schedule B--Less toxic poisons enumerated
Status: in_force

The following is schedule B referred to in § 34-20-1 :

(1) Carbolic acid in solutions containing ten percent or less;

(2) Hydrochloric or muriatic acid, except in solutions containing ten percent or less;

(3) Oxalic acid, chloroform, ether, santonine, cantharides, iodine, or its tinctures;

(4) Sulphate of zinc, sulphate of copper, carbonate of copper;

(5) Solutions of formaldehyde and compound solutions of cresol; and

(6) Other poisonous drugs and medicines fatal to human life in doses of fifteen to sixty grains.

Source: SL 1893, ch 132; RPolC 1903, § 280; RC 1919, § 7844; SL 1929, ch 124, § 1; SL 1935, ch 114, § 1; SDC 1939, § 22.1201.
S.D. Codified Laws § 34-29A-37 — SD Code / Title 34 / Chapter 29A / Section 34-29A-37
Daily rates charged for other inspections
Status: in_force

All other inspections, including shop inspections, special inspections, and inspections of secondhand or used boilers made by the chief or deputy inspector shall be charged for at the rate of not less than ninety dollars for one - half day of four hours, and one hundred fifty dollars for one full day of eight hours, plus all expenses, including traveling and hotel. "Secondhand" means an object which has changed ownership and location after primary use.

Source: SL 1973, ch 229, § 17 (4); SL 1982, ch 18, § 60.
S.D. Codified Laws § 34A-6-1.10 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.10
Responsibility and liability of owner or operator
Status: in_force

The owner or operator of a solid waste disposal facility that is regulated under §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, is responsible in perpetuity for the solid waste and liable in perpetuity for any pollution or other detrimental effect caused by the solid waste. No person may dispose of solid waste other than mine wastes in this state until the owner or operator of the solid waste disposal facility executes an agreement with the board acknowledging such perpetual responsibility and liability for the solid waste.

Source: SL 1989, ch 306, § 11A.
S.D. Codified Laws § 34-21B-3 — SD Code / Title 34 / Chapter 21B / Section 34-21B-3
Southwestern Low-Level Radioactive Waste Disposal Compact
Status: in_force

The Legislature of the State of South Dakota hereby enacts and ratifies the agreement set forth in this section and designates this compact as the "Southwestern Low-Level Radioactive Waste Disposal Compact," which is entered into pursuant to the Low-Level Radioactive Waste Policy Act, 42 U.S.C. §§ 2021b to 2021d, inclusive. This compact shall become effective in accordance with article 7 of the compact as set forth in this section.

The provisions of the southwestern low - level radioactive waste disposal compact are as follows:

The party states hereby find and declare all of the following:

(A) The United States Congress, by enacting the Low-Level Radioactive Waste Policy Act, Public Law 96-573, as amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. §§ 2021b to 2021j, inclusive), has encouraged the use of interstate compacts to provide for the establishment and operation of facilities for regional management of low - level radioactive waste.

(B) It is the purpose of this compact to provide the means for such a cooperative effort between or among party states to protect the citizens of the states and the states' environments.

(C) It is the policy of party states to this compact to encourage the reduction of the volume of low - level radioactive waste requiring disposal within the compact region.

(D) It is the policy of the party states that the protection of the health and safety of their citizens and the most ecological and economical management of low - level radioactive wastes can be accomplished through cooperation of the states by minimizing the amount of handling and transportation required to dispose of these wastes and by providing facilities that serve the compact design.

(E) Each party state, if an agreement state pursuant to § 2021 of title 42 of the United States Code, or the nuclear regulatory commission if not an agreement state, is responsible for the primary regulation of radioactive materials within its jurisdiction.

As used in this compact, unless the context clearly indicates otherwise, the following definitions apply:

(A) "Commission," means the southwestern low - level radioactive waste commission established in article 3 of this compact.

(B) "Compact region" or "region," means the combined geographical area within the boundaries of the party states.

(C) "Disposal," means the permanent isolation of low - level radioactive waste pursuant to requirements established by the nuclear regulatory commission and the environmental protection agency under applicable laws, or by a party state if that state hosts a disposal facility.

(D) "Generate," when used in relation to low - level radioactive waste, means to produce low - level radioactive waste.

(E) "Generator," means a person whose activity, excluding the management of low - level radioactive waste, results in the production of low - level radioactive waste.

(F) "Host county," means a county, or other similar political subdivision of a party state, in which a regional disposal facility is located or being developed.

(G) "Host state," means a party state in which a regional disposal facility is located or being developed. The state of California is the host state under this compact for the first thirty years from the date the California regional disposal facility commences operations.

(H) "Institutional control period," means that period of time in which the facility license is transferred to the disposal site owner in compliance with the appropriate regulations for long - term observation and maintenance following the post - closure period.

(I) "Low - level radioactive waste," means regulated radioactive material that meets all of the following requirements.

(1) The waste is not high - level radioactive waste, spent nuclear fuel, or by - product material (as defined in section 11e(2) of the Atomic Energy Act of 1954 (42 U.S.C. § 2014(e)(2)).

(2) The waste is not uranium mining or mill tailings.

(3) The waste is not any waste for which the federal government is responsible pursuant to subdivision (b) of section 3 of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. § 2021c(b)).

(4) The waste is not an alpha emitting transuranic nuclide with a half - life greater than five years and with a concentration greater than one hundred nanocuries per gram, or plutonium-241 with a concentration greater than three thousand five hundred nanocuries per gram, or curium-242 with a concentration greater than twenty thousand nanocuries per gram.

(J) "Management," means collection, consolidation, storage, packaging, or treatment.

(K) "Major generator state," means a party state which generates ten percent of the total amount of low - level radioactive waste produced within the compact region and disposed of at the regional disposal facility. If no party state other than California generates at least ten percent of the total amount, "major generator state" means the party state which is second to California in the amount of waste produced within the compact region and disposed of at the regional disposal facility.

(L) "Operator," means a person who operates a regional disposal facility.

(M) "Party state," means any state that has become a party in accordance with article 7 of this compact.

(N) "Person," means an individual, corporation, partnership, or other legal entity, whether public or private.

(O) "Postclosure period," means that period of time after completion of closure of a disposal facility during which the licensee shall observe, monitor, and carry out necessary maintenance and repairs at the disposal facility to assure that the disposal facility will remain stable and will not need ongoing active maintenance. This period ends with the beginning of the institutional control period.

(P) "Regional disposal facility," means a nonfederal low - level radioactive waste disposal facility established and operated under this compact.

(Q) "Site closure and stabilization," means the activities of the disposal facility operator taken at the end of the disposal facility's operating life to assure the continued protection of the public from any residual radioactive or other potential hazards present at the disposal facility.

(R) "Transporter," means a person who transports low - level radioactive waste.

(S) "Uranium mine and mill tailings," means waste resulting from mining and processing of ores containing uranium.

(A) There is hereby established the southwestern low - level radioactive waste commission.

(1) The commission shall consist of one voting member from each party state to be appointed by the governor, confirmed by the senate of the party state, and to serve at the pleasure of the governor of each party state, and one voting member from the host county. The appointing authority of each party state shall notify the commission in writing of the identity of the member and of any alternates. An alternate may act in the member's absence.

(2) The host state shall also appoint that number of additional voting members of the commission which is necessary for the host state's members to compose at least fifty - one percent of the membership on the commission. The host state's additional members shall be appointed by the host state governor and confirmed by the host state senate.

If there is more than one host state, only the state in which is located the regional disposal facility actively accepting low - level radioactive waste pursuant to this compact may appoint these additional members.

(3) If the host county has not been selected at the time the commission is appointed, the governor of the host state shall appoint an interim local government member, who shall be an elected representative of a local government. After a host county is selected, the interim local government member shall resign and the governor shall appoint the host county member pursuant to paragraph (4) of this subdivision.

(4) The governor shall appoint the host county member from a list of at least seven candidates compiled by the board of supervisors of the host county.

(5) In recommending and appointing the host county member pursuant to paragraph (4) of this subdivision, the board of supervisors and the governor shall give first consideration to recommending and appointing the member of the board of supervisors in whose district the regional disposal facility is located or being developed. If the board of supervisors of the host county does not provide a list to the governor of at least seven candidates from which to choose, the governor shall appoint a resident of the host county as the host county member.

(6) The host county member is subject to confirmation by the senate of that party state and shall serve at the pleasure of the governor of the host state.

(B) The commission is a legal entity separate and distinct from the party states and shall be so liable for its actions. Members of the commission shall not be personally liable for actions taken in their official capacity. The liabilities of the commission shall not be deemed liabilities of the party states.

(C) The commission shall conduct its business affairs pursuant to the laws of the host state and disputes arising out of commission action shall be governed by the laws of the host state. The commission shall be located in the capital city of the host state in which the regional disposal facility is located.

(D) The commission's records shall be subject to the host state's public records law, and the meetings of the commission shall be open and public in accordance with the host state's open meeting law.

(E) The commission members are public officials of the appointing state and shall be subject to the conflict of interest laws, as well as any other law, of the appointing state. The commission members shall be compensated according to the appointing state's law.

(F) Each commission member is entitled to one vote. A majority of the commission constitutes a quorum. Unless otherwise provided in this compact, a majority of the total number of votes on the commission is necessary for the commission to take any action.

(G) The commission has all of the following duties and authority:

(1) The commission shall do, pursuant to the authority granted by this compact, whatever is reasonably necessary to ensure that low - level radioactive wastes are safely disposed of and managed within the region.

(2) The commission shall meet at least once a year and otherwise as business requires.

(3) The commission shall establish a compact surcharge to be imposed upon party state generators. The surcharge shall be based upon the cubic feet of low - level radioactive waste and the radioactivity of the low - level radioactive waste and shall be collected by the operator of the disposal facility.

The host state shall set, and the commission shall impose, the surcharge after congressional approval of the compact. The amount of the surcharge shall be sufficient to establish and maintain at a reasonable level funds for all of the following purposes:

(a) The activities of the commission and commission staff.

(b) At the discretion of the host state, a third - party liability fund to provide compensation for injury to persons or property during the operational, closure, stabilization, and postclosure and institutional control periods of the regional disposal facility. This subparagraph does not limit the responsibility or liability of the operator, who shall comply with any federal or host state statutes or regulations regarding third - party liability claims.

(c) A local government reimbursement fund, for the purpose of reimbursing the local government entity or entities hosting the regional disposal facility for any costs or increased burdens on the local governmental entity for services, including, but not limited to, general fund expenses, the improvement and maintenance of roads and bridges, fire protection, law enforcement, monitoring by local health officials, and emergency preparation and response related to the hosting of the regional disposal facility.

(4) The surcharges imposed by the commission for purposes of subparagraphs (b) and (c) of paragraph (3) of this subdivision and surcharges pursuant to paragraph (3) of subdivision (E) of article 4 of this compact shall be transmitted on a monthly basis to the host state for distribution to the proper accounts.

(5) The commission shall establish a fiscal year which conforms to the fiscal years of the party states to the extent possible.

(6) The commission shall keep an accurate account of all receipts and disbursements. An annual audit of the books of the commission shall be conducted by an independent certified public accountant, and the audit report shall be made a part of the annual report of the commission.

(7) The commission shall prepare and include in the annual report a budget showing anticipated receipts and disbursements for the subsequent fiscal year.

(8) The commission may accept any grants, equipment, supplies, materials, or services, conditional or otherwise, from the federal or state government. The nature, amount and condition, if any, of any donation, grant, or other resources accepted pursuant to this paragraph and the identity of the donor or grantor shall be detailed in the annual report of the commission.

However, the host state shall receive, for the uses specified in subparagraph (E) of paragraph (2) of subsection (d) of section 2021e of title 42 of the United States Code, any payments paid from the special escrow account for which the secretary of energy is trustee pursuant to subparagraph (A) of paragraph (2) of subsection (d) of section 2021e of title 42 of the United States Code.

(9) The commission shall submit communications to the governors and the presiding officers of the legislatures of the party states regarding the activities of the commission, including an annual report to be submitted on or before January fifteenth of each year. The commission shall include in the annual report a review of, and recommendations for, low - level radioactive waste disposal methods which are alternative technologies to the shallow land burial of low - level radioactive waste.

(10) The commission shall assemble and make available to the party states, and to the public, information concerning low - level radioactive waste management needs, technologies and problems.

(11) The commission shall keep a current inventory of all generators within the region, based upon information provided by the party states.

(12) The commission shall keep a current inventory of all regional disposal facilities, including information on the size, capacity, location, specific low - level radioactive wastes capable of being managed, and the projected useful life and each regional disposal facility.

(13) The commission may establish advisory committees for the purpose of advising the commission on the disposal and management of low - level radioactive waste.

(14) The commission may enter into contracts to carry out its duties and authority, subject to projected resources. No contract made by the commission shall bind a party state.

(15) The commission shall prepare contingency plans, with the cooperation and approval of the host state, for the disposal and management of low - level radioactive waste in the event that any regional disposal facility should be closed.

(16) The commission may sue and be sued and, when authorized by a majority vote of the members, may seek to intervene in an administrative or judicial proceeding related to this compact.

(17) The commission shall be managed by an appropriate staff, including an executive director. Notwithstanding any other provision of law, the commission may hire or retain, or both, legal counsel.

(18) The commission may, subject to applicable federal and state laws, recommend to the appropriate host state authority suitable land and rail transportation routes for low - level radioactive waste carriers.

(19) The commission may enter into an agreement to import low - level radioactive waste into the region only if both of the following requirements are met:

(a) The commission approves the importation agreement by a two - thirds vote of the commission.

(b) The commission and the host state assess the affected regional disposal facilities' capability to handle imported low - level radioactive wastes and any relevant environmental or economic factors, as defined by the host state's appropriate regulatory authorities.

(20) The commission may, upon petition, allow an individual generator, a group of generators, or the host state of the compact, to export low - level radioactive wastes to a low - level radioactive waste disposal facility located outside the region. The commission may approve the petition only by a two - thirds vote of the commission. The permission to export low - level radioactive wastes shall be effective for that period of time and for the amount of low - level radioactive waste, and subject to any other term or condition, which may be determined by the commission.

(21) The commission may approve, only by a two - thirds vote of the commission, the exportation outside the region of material, which otherwise meets the criteria of low - level radioactive waste, if the sole purpose of the exportation is to process the material for recycling.

(22) The commission shall, not later than ten years before the closure of the initial or subsequent regional disposal facility, prepare a plan for the establishment of the next regional disposal facility.

(A) There shall be regional disposal facilities sufficient to dispose of the low - level radioactive waste generated within the region.

(B) Low - level radioactive waste generated within the region shall be disposed of at regional disposal facilities and each party state shall have access to any regional disposal facility without discrimination.

(C)(1) Upon the effective date of this compact, the state of California shall serve as the host state and shall comply with the requirements of subdivision (E) of this article for at least thirty years from the date the regional disposal facility begins to accept low - level radioactive waste for disposal. The extension of the obligation and duration shall be at the option of the state of California.

If the state of California does not extend this obligation, the party state, other than the state of California, which is the largest major generator state shall then serve as the host state for the second regional disposal facility.

The obligation of a host state which hosts the second regional disposal facility shall also run for thirty years from the date the second regional disposal facility begins operations.

(2) The host state may close its regional disposal facility when necessary for public health or safety.

(D) The party states of this compact cannot be members of another regional low - level radioactive waste compact entered into pursuant to the low - level radioactive waste policy act, as amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. §§ 2021b to 2021j, inclusive).

(E) A host state shall do all of the following:

(1) Cause a regional disposal facility to be developed on a timely basis.

(2) Ensure by law, consistent with any applicable federal laws, the protection and preservation of public health and safety in the siting, design, development, licensing, regulation, operation, closure, decommissioning, and long - term care of the regional disposal facilities within the state.

(3) Ensure that charges for disposal of low - level radioactive waste at the regional disposal facility are reasonably sufficient to do all of the following:

(a) Ensure the safe disposal of low - level radioactive waste and long - term care of the regional disposal facility.

(b) Pay for the cost of inspection, enforcement, and surveillance activities at the regional disposal facility.

(c) Assure that charges are assessed without discrimination as to the party state of origin.

(4) Submit an annual report to the commission on the status of the regional disposal facility including projections of the facility's anticipated future capacity.

(5) The host state and the operator shall notify the commission immediately upon the occurrence of any event which could cause a possible temporary or permanent closure of a regional disposal facility.

(F) Each party state is subject to the following duties and authority:

(1) To the extent authorized by federal law, each party state shall develop and enforce procedures requiring low - level radioactive waste shipments originating within its borders and destined for a regional disposal facility to conform to packaging and transportation requirements and regulations. These procedures shall include, but are not limited to, all of the following requirements:

(a) Periodic inspections of packaging and shipping practices.

(b) Periodic inspections of low - level radioactive waste containers while in the custody of transporters.

(c) Appropriate enforcement actions with respect to violations.

(2) A party state may impose a surcharge on the low - level radioactive waste generators within the state to pay for activities required by paragraph (1) of this subdivision.

(3) To the extent authorized by federal law, each party state shall, after receiving notification from a host state that a person in a party state has violated packaging, shipping, or transportation requirements or regulations, take appropriate actions to ensure that these violations do not continue. Appropriate actions may include, but are not limited to, requiring that a bond be posted by the violator to pay the cost of repackaging at the regional disposal facility and prohibit future shipments to the regional disposal facility.

(4) Each party state shall maintain a registry of all generators within the state that may have low - level radioactive waste to be disposed of at a regional disposal facility, including, but not limited to, the amount of low - level radioactive waste and the class of low - level radioactive waste generated by each generator.

(5) Each party state shall encourage generators within its borders to minimize the volume of low - level radioactive waste requiring disposal.

(6) Each party state may rely on the good faith performance of the other party states to perform those acts which are required by this compact to provide regional disposal facilities, including the use of the regional disposal facilities in a manner consistent with this compact.

(7) Each party state shall provide the commission with any data and information necessary for the implementation of the commission's responsibilities, including taking those actions necessary to obtain this data or information.

(8) Each party state shall agree that only low - level radioactive waste generated within the jurisdiction of the party states shall be disposed of in the regional disposal facility, except as provided in paragraph (19) of subdivision (G) of article 3 of this compact.

(9) Each party state shall agree that if there is any injury to persons or property resulting from the operation of a regional disposal facility, the damages resulting from the injury may be paid from the third - party liability fund pursuant to subparagraph (b) of paragraph (3) of subdivision (G) of article 3 of this compact, only to the extent that the damages exceed the limits of liability insurance carried by the operator. No party state, by joining this compact, assumes any liability resulting from the siting, operation, maintenance, long - term care, or other activity relating to a regional facility, and no party state shall be liable for any harm or damage resulting from a regional facility not located within the state.

A regional disposal facility shall be approved by the host state in accordance with its laws. This compact does not confer any authority on the commission regarding the siting, design, development, licensure, or other regulation, or the operation, closure, decommissioning, or long - term care of, any regional disposal facility within a party state.

(A) No person shall dispose of low - level radioactive waste within the region unless the disposal is at a regional disposal facility, except as otherwise provided in paragraphs (20) and (21) of subdivision (G) of article 3 of this compact.

(B) No person shall dispose of or manage any low - level radioactive waste within the region unless the low - level radioactive waste was generated within the region, except as provided in paragraphs (19), (20), and (21) of subdivision (G) of article 3 of this compact.

(C) Violations of this section shall be reported to the appropriate law enforcement agency within the party state's jurisdiction.

(D) Violations of this section may result in prohibiting the violator from disposing of low - level radioactive waste in the regional disposal facility, as determined by the commission or the host state.

(A) The states of Arizona, North Dakota, South Dakota, and California are eligible to become parties to this compact. Any other state may be made eligible by a majority vote of the commission and ratification by the legislatures of all of the party states by statute, and upon compliance with those terms and conditions for eligibility which the host state may establish. The host state may establish all terms and conditions for the entry of any state, other than the states named in this subparagraph, as a member of this compact.

(B) Upon compliance with the other provisions of this compact, an eligible state may become a party state by legislative enactment of this compact or by executive order of the governor of the state adopting this compact. A state becoming a party state by executive order shall cease to be a party state upon adjournment of the first general session of its legislature convened after the executive order is issued, unless before the adjournment the legislature enacts this compact.

(C) A party state, other than the host state, may withdraw from the compact by repealing the enactment of this compact, but this withdrawal shall not become effective until two years after the effective date of the repealing legislation. If a party state which is a major generator of low - level radioactive waste voluntarily withdraws from the compact pursuant to this subdivision, that state shall make arrangements for the disposal of the other party states' low - level radioactive waste for a time period equal the period of time it was a member of this compact.

If the host state withdraws from the compact, the withdrawal shall not become effective until five years after the effective date of the repealing legislation.

(D) A party state may be excluded from this compact by a two - thirds vote of the commission members, acting in a meeting, if the state to be excluded has failed to carry out any obligations required by compact.

(E) This compact shall take effect upon the enactment by statute by the legislature of the state of California and at least one other eligible state and upon the consent of congress and shall remain in effect until otherwise provided by federal law. This compact is subject to review by congress and the withdrawal of the consent of congress every five years after its effective date, pursuant to federal law.

(A) The provisions of this compact shall be broadly construed to carry out the purposes of the compact, but the sovereign powers of a party state shall not be infringed unnecessarily.

(B) This compact does not affect any judicial proceeding pending on the effective date of this compact.

(C) If any provision of this compact or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the compact which can be given effect without the invalid provision or application, and to this end the provisions of this compact are severable.

(D) Nothing in this compact diminishes or otherwise impairs the jurisdiction, authority, or discretion of either of the following:

(1) The nuclear regulatory commission pursuant to the Atomic Energy Act of 1954, as amended to January 1, 1989 (42 U.S.C. § 2011 et seq.).

(2) An agreement state under section 274 of the Atomic Energy Act of 1954, as amended to January 1, 1989 (42 U.S.C. § 2021).

(E) Nothing in this compact confers any new authority on the states or commission to do any of the following:

(1) Regulate the packaging or transportation of low - level radioactive waste in a manner inconsistent with the regulations of the nuclear regulatory commission or the United States department of transportation.

(2) Regulate health, safety, or environmental hazards from source, by - product, or special nuclear material.

(3) Inspect the activities of licensees of the agreement states or of the nuclear regulatory commission.

Source: SL 1989, ch 295, § 2.
S.D. Codified Laws § 34A-6-75 — SD Code / Title 34A / Chapter 6 / Section 34A-6-75
Plan required for issuance of new or renewed permit
Status: in_force

Beginning July 1, 1994, no new permit for a solid waste disposal facility may be issued and no existing permit reissued or renewed unless the permit applicant, in conjunction with all local units of government whose residents, businesses, or institutions generate solid waste to be stored or disposed of in the facility, has filed a plan as required in § 34A-6-74 .

Source: SL 1992, ch 254, § 38.
S.D. Codified Laws § 34A-2-120 — SD Code / Title 34A / Chapter 2 / Section 34A-2-120
Fee schedule for other entities
Status: in_force

For the entities listed below, the fee imposed in § 34A-2-117 is as follows:

(1) Other industrial and governmental treatment works not including treatment systems that will be assessed a fee based upon the population categories in § 34A-2-118 or the industrial and governmental systems assessed a fee in § 34A-2-119 --$600 per facility per year;

(2) Treatment works with permits that allow no discharge--$50 per facility per year;

(3) Pretreatment industrial - user permits issued to any significant industrial user which is discharging to a publicly - owned treatment works--$600 per facility per year; and

(4) Publicly - owned treatment facilities or a combination of publicly - owned treatment facilities operated by the same authority which request that the state administer their local pretreatment program--$35,000 per authority per year.

In addition to the annual fee for pretreatment industrial - user permits, the department may require payment from the permittee for the cost for all analytical testing. This charge may not exceed one thousand six hundred dollars per process line annually.

The fees imposed by §§ 34A-2-117 to 34A-2-119 , inclusive, and this section are in addition to all other fees and taxes levied by law.

Source: SL 1992, ch 254, § 58.
S.D. Codified Laws § 34-20B-19 — SD Code / Title 34 / Chapter 20B / Section 34-20B-19
Stimulants specifically included in Schedule III
Status: in_force

Any material, compound, mixture, or preparation is included in Schedule III which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:

(1) Benzphetamine;

(2) Chlorphentermine;

(3) Phendimetrazine;

(4) Ephedrine.

Source: SL 1970, ch 229, § 8 (c); SDCL Supp, § 39-17-62; SL 1977, ch 315, § 5; SL 1993, ch 247, § 3; SL 1995, ch 195, § 1; SL 1997, ch 202, § 1.
S.D. Codified Laws § 34A-17-2 — SD Code / Title 34A / Chapter 17 / Section 34A-17-2
Definitions
Status: in_force

In this chapter:

(1) "Activity and use limitations," means restrictions or obligations created under this chapter with respect to real property;

(2) "Agency," means the Department of Agriculture and Natural Resources or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created;

(3) "Common interest community," means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community;

(4) "Environmental covenant," means a servitude arising under an environmental response project that imposes activity and use limitations;

(5) "Environmental response project," means a plan or work performed for environmental remediation of real property and conducted:

(A) Under a federal or state program governing environmental remediation of real property, including chapter 34A-10 ;

(B) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or

(C) Under a state voluntary clean-up program;

(6) "Holder," means the grantee of an environmental covenant as specified in § 34A-17-3 (a);

(7) "Person," means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;

(8) "Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

(9) "State," means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

Source: SL 2005, ch 196, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-7-15 — SD Code / Title 34A / Chapter 7 / Section 34A-7-15
Arrest for violation of municipal litter ordinance--Notice to appear--Time--Refusal to give written promise to appear
Status: in_force

Except as otherwise provided, if any person is arrested for a violation of any municipal ordinance adopted pursuant to this chapter, the arresting law enforcement officer or other municipal enforcement officer shall take the name and address of the person and issue a complaint or otherwise notify the person in writing to appear at a time and place to be specified in the complaint or notice. The time shall be at least five days after the arrest unless the person arrested demands an earlier hearing. If the person gives written promise to appear at the designated time and place, the officer shall release the person from custody. Any person refusing to give such written promise to appear may be prosecuted as in the manner of other violations of city ordinances.

Source: SL 1976, ch 214, § 1; SDCL Supp, § 34-16C-16.2; SL 2011, ch 165, § 131.
S.D. Codified Laws § 34-20F-8 — SD Code / Title 34 / Chapter 20F / Section 34-20F-8
Warning label--Violation as misdemeanor
Status: in_force

A retailer shall label each package of loose leaf incense sold in this state with a warning label that reads as follows: "This product is not meant to be ingested. The side effects of ingesting this product are unknown." A violation of this section is a Class 1 misdemeanor.

Source: SL 2012, ch 185, § 7, eff. Mar. 2, 2012.
S.D. Codified Laws § 34-34A-12.1 — SD Code / Title 34 / Chapter 34A / Section 34-34A-12.1
Hearings on violations
Status: in_force

The State Fire Marshal may conduct hearings on matters relating to violations or consumer complaints, including the holding of formal and informal presentation of views, of this chapter consistent with the regulations adopted by the Department of Housing and Urban Development. The division shall hold hearings in accordance with chapter 1-26 .

Source: SL 1982, ch 267, § 10; SL 1990, ch 278, § 14; SL 2004, ch 17, § 219.