S.D. Codified Laws § 34A-17-12 — SD Code / Title 34A / Chapter 17 / Section 34A-17-12
Registry--Substitute notice
Status: in_force

(a) The secretary of state shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the secretary of state considers appropriate. The registry is a public record.

(b) After an environmental covenant or an amendment or termination of a covenant is filed in the registry established pursuant to subsection (a), a notice of the covenant, amendment, or termination that complies with this section may be recorded in the land records in lieu of recording the entire covenant. Any such notice must contain:

(1) A legally sufficient description and any available street address of the real property subject to the covenant;

(2) The name and address of the owner of the fee simple interest in the real property, the agency, and the holder if other than the agency;

(3) A statement that the covenant, amendment, or termination is available in a registry at the Office of the Secretary of State which discloses the method of any electronic access; and

(4) A statement that the notice is notification of an environmental covenant executed pursuant to this chapter.

(c) A statement in substantially the following form, executed with the same formalities as a deed in this state, satisfies the requirements of subsection (b):

"1. This notice is filed in the land records of the county of [insert name of jurisdiction in which the real property is located] pursuant to § 34A-17-12 .

2. This notice and the covenant, amendment, or termination to which it refers may impose significant obligations with respect to the property described below.

3. A legal description of the property is attached as Exhibit A to this notice. The address of the property that is subject to the environmental covenant is [insert address of property] [not available].

4. The name and address of the owner of the fee simple interest in the real property on the date of this notice is [insert name of current owner of the property and the owner's current address as shown on the tax records of the jurisdiction in which the property is located].

5. The environmental covenant, amendment, or termination was signed by [insert name and address of the agency].

6. The environmental covenant, amendment, or termination was filed in the registry on [insert date of filing].

7. The full text of the covenant, amendment, or termination and any other information required by the agency is on file and available for inspection and copying in the registry maintained for that purpose by the Office of the Secretary of State in the State Capitol. The covenant, amendment, or termination may be found electronically at www.sdsos.gov ."

Source: SL 2005, ch 196, § 12.
S.D. Codified Laws § 34-20C-14 — SD Code / Title 34 / Chapter 20C / Section 34-20C-14
Right of contribution
Status: in_force

Any person subject to liability under this chapter has a right of action for contribution against another person subject to liability under this chapter. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plaintiff may seek recovery in accordance with this chapter against a person whom a defendant has asserted a right of contribution.

Source: SL 1997, ch 203, § 16.
S.D. Codified Laws § 34A-5-48 — SD Code / Title 34A / Chapter 5 / Section 34A-5-48
Resolutions after approval of consolidated district by voters--Filing of proceedings
Status: in_force

If the voters of each corporation approve the formation of the consolidated sanitary district by a majority of their votes cast on the consolidation question, the governing body of each corporation shall so declare by resolution. Each governing body shall cause a certified copy of all proceedings taken for the consolidation to be filed with its auditor or clerk, with the secretary of state, and in the office of the register of deeds of the county, who shall record the copy. When the certified copies are filed, the consolidation is effective and complete, and the consolidated sanitary district has all of the powers conferred upon a sanitary district by this chapter, for the purpose of the construction or acquisition and operation of sewer facilities or both water and sewer facilities, as authorized by the voters.

Source: SL 1964, ch 144, § 8; SL 1966, ch 146, § 2; SL 1967, ch 226; SDCL § 34-17-41; SL 2011, ch 165, § 106.
S.D. Codified Laws § 34-10-26 — SD Code / Title 34 / Chapter 10 / Section 34-10-26
Tax levy for operation and maintenance of hospital--Maximum levy
Status: in_force

The board of trustees of any public hospital district shall have authority to levy an annual tax not to exceed one dollar per thousand dollars of taxable valuation of all real and personal property taxable within said district for the purpose of operating and maintaining any hospital under the supervision and control of said board. Such levy shall be in addition and not subject to any levy limitations imposed by any other statute. Such tax shall be levied and collected as provided in § 34-10-24 .

Source: SDC Supp 1960, § 27.19B21 as enacted by SL 1967, ch 108.
S.D. Codified Laws § 34-24-30 — SD Code / Title 34 / Chapter 24 / Section 34-24-30
Good faith reporting not a libel or slander
Status: in_force

Good faith reporting or disclosure pursuant to § 34-24-27 does not constitute a libel or slander or a violation of the right to privacy of privileged communication.

Source: SL 2001, ch 185, § 4.
S.D. Codified Laws § 34-26-57 — SD Code / Title 34 / Chapter 26 / Section 34-26-57
Manner of making, amending, or revoking anatomical gift of decedent's body or part
Status: in_force

(a) A person authorized to make an anatomical gift under § 34-26-56 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.

(b) Subject to subsection (c), an anatomical gift by a person authorized under § 34-26-56 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under § 34-26-56 may be:

(1) Amended only if a majority of the reasonably available members agree to the amending of the gift; or

(2) Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.

(c) A revocation under subsection (b) is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.

Source: SL 2007, ch 197, § 10.
S.D. Codified Laws § 34-23A-59.2 — SD Code / Title 34 / Chapter 23A / Section 34-23A-59.2
Release of confidential information as misdemeanor
Status: in_force

Any person who knowingly and intentionally releases any information obtained during any consultations resulting from §§ 34-23A-53 to 34-23A-61 , inclusive, under circumstances not in accord with the confidentiality provisions required by §§ 34-23A-53 to 34-23A-61 , inclusive, is guilty of a Class 2 misdemeanor. Such a conviction of a Class 2 misdemeanor shall be reported to any agency or board responsible for licensing or certifying the persons who conducted the counseling required by §§ 34-23A-53 to 34-23A-61 , inclusive.

Source: SL 2012, ch 186, § 9.
S.D. Codified Laws § 34A-6-100 — SD Code / Title 34A / Chapter 6 / Section 34A-6-100
Unlawful dealing in infectious waste
Status: in_force

No person may, with intent to cause an unlawful release of infectious waste:

(1) Transfer, transport, repackage, or convey the waste to another person, thereby causing the other person to possess, store, transport, or dispose of the infectious waste in violation of this chapter; or

(2) Receive or agree to receive a benefit in exchange for possessing, storing, transporting, or disposing of infectious waste in violation of this chapter; or

(3) Confer or offer or agree to confer a benefit upon another person to induce the person to possess, store, transport, or dispose of infectious waste in violation of this chapter.

Unlawful dealing in infectious waste is a Class 5 felony.

Source: SL 1992, ch 259, § 8.
S.D. Codified Laws § 34A-6-1.26 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.26
Issuance of emergency order--Purpose--Noncompliance
Status: in_force

The secretary may issue an emergency order compelling any person who is committing an act or failing to take action, or threatening either, which violates §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, and which will cause substantial pollution, the harmful effects of which cannot be remedied immediately after the commission or cessation of the act to stop, avoid, moderate, or perform the act so that it is in compliance with §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, or so that the substantial injury will not occur. The order is effective immediately upon receipt by the person to whom it is directed, unless the secretary provides otherwise. If the order is not complied with in a timely manner, the secretary may take such action as is necessary to contain and recover pollutants to limit or prevent pollution or injury to public health or welfare.

Source: SL 1989, ch 306, § 26.
S.D. Codified Laws § 34-29A-36 — SD Code / Title 34 / Chapter 29A / Section 34-29A-36
Additional fee for reinspection trip
Status: in_force

If it is necessary for the chief inspector or his deputy inspector to make a reinspection trip to witness the application of a hydrostatic test due to deficiencies noted in a previous inspection, an additional fee based on the scale of fees applicable to a certificate inspection of the boiler shall be charged.

Source: SL 1973, ch 229, § 17 (3); SL 1982, ch 18, § 59.
S.D. Codified Laws § 34A-13-31 — SD Code / Title 34A / Chapter 13 / Section 34A-13-31
Determination of cost--Petroleum remediation requirements--Reduction for ineligible claims--Promulgation of rules
Status: in_force

Reimbursement may be made from the fund only if the department has determined that the costs for which reimbursement is requested were actually incurred, reasonable, and necessary as determined under rules promulgated by the department according to chapter 1-26 , and were for actions that did not exceed petroleum remediation requirements established by state statutes and regulations. In establishing what constitutes reasonable and necessary costs, the department shall consider trade usage, local labor and material costs, local conditions and practices, experience of the fund, and shall make allowance for site specific conditions.

Any attempt by a covered party to claim reimbursement under circumstances when the covered party knew or should have known that the claimed reimbursement was not allowable under this chapter or rules promulgated hereunder authorizes the department to reduce otherwise allowable claims submitted by the covered party. Any reduction imposed under this section is equal to the amount of the ineligible claim.

Source: SL 1988, ch 290, § 31; SL 1991, ch 294, § 18; SL 1992, ch 260, § 24; SL 2024, ch 146, § 16.
S.D. Codified Laws § 34-45-18.5 — SD Code / Title 34 / Chapter 45 / Section 34-45-18.5
State may contract with public safety answering point for emergency services
Status: in_force

The state may contract with any existing public safety answering point to provide emergency services pursuant to the joint powers provisions of chapter 1-24 .

Source: SL 1999, ch 177, § 7.
S.D. Codified Laws § 34-12G-4 — SD Code / Title 34 / Chapter 12G / Section 34-12G-4
Incentive payment
Status: in_force

A physician or dentist who fulfills the requirements of the recruitment assistance program established pursuant to §§ 34-12G-1 to 34-12G-9 , inclusive, is entitled to receive an incentive payment in an amount equal to twice the University of South Dakota School of Medicine resident tuition for the four most recently completed academic years.

A physician assistant, certified nurse practitioner, or certified nurse midwife who fulfills the requirements of the recruitment assistance program established pursuant to §§ 34-12G-1 to 34-12G-9 , inclusive, is entitled to receive an incentive payment in an amount equal to twice the University of South Dakota resident tuition for physician assistant studies for the three most recently completed academic years.

Source: SL 2012, ch 179, § 4; SL 2017, ch 171, § 50.
S.D. Codified Laws § 34-35-17 — SD Code / Title 34 / Chapter 35 / Section 34-35-17
Open fire permit--Black Hills Forest Fire Protection District--Conditions
Status: in_force

Any United States forest service supervisor or the secretary of public safety may, upon an application, issue a permit to a person to start an open fire within the Black Hills Forest Fire Protection District, if the fire is not expected to endanger the life or property of another. The permit may be denied if the climatic conditions or location of the material to be burned is such that the burning would endanger the life or property of others. A permit may be issued subject to conditions and restrictions, as necessary to prevent the spread of the permitted fire, and may be revoked if changing conditions make the burning unsafe.

Source: SDC Supp 1960, § 25.1307 as enacted by SL 1966, ch 73, § 2; SL 2002, ch 252 (Ex. Ord. 02-1), § 15; SL 2015, ch 203, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. April 19, 2021; SL 2025, ch 142, § 2.
S.D. Codified Laws § 34-20D-1 — SD Code / Title 34 / Chapter 20D / Section 34-20D-1
Sale of packages containing pseudoephedrine or ephedrine--Number in single transaction limited--Exception--Misdemeanor
Status: in_force

No retailer may sell, in a single transaction, more than two packages containing pseudoephedrine or ephedrine as an active ingredient. For purposes of this chapter, the term, retailer, means any person who sells merchandise at retail and from whom original packages of nonprescription drugs are sold or taken to be sold at retail and who is licensed by the Board of Pharmacy to sell nonprescription drugs. This restriction does not apply to any sale made pursuant to a valid prescription drug order prescribed by a practitioner as defined in § 36-11-2 with appropriate authority. Any retailer or any employee of a retailer who sells packages containing pseudoephedrine or ephedrine in violation of this section is guilty of a Class 1 misdemeanor.

Source: SL 2005, ch 178, § 1; SL 2006, ch 181, § 1.
S.D. Codified Laws § 34-24A-2 — SD Code / Title 34 / Chapter 24A / Section 34-24A-2
Rules and regulations relating to fluoridation of water supplies
Status: in_force

The Department of Agriculture and Natural Resources shall, in compliance with chapter 1-26 , promulgate rules relating to the fluoridation of public water supplies which shall include, but not be limited to the following:

(1) The means by which fluoride is controlled;

(2) The methods of testing the fluoride content; and

(3) The records to be kept relating to fluoridation.

Source: SL 1969, ch 112; SL 1972, ch 15, § 4; SL 1986, ch 295, § 3; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-2-97 — SD Code / Title 34A / Chapter 2 / Section 34A-2-97
Petroleum substances discharged into state waters--Notice to secretary required--Restriction on use of information in criminal proceeding--Violation
Status: in_force

The owner or operator of a facility or vehicle that discharges a petroleum substance into state waters shall notify the secretary of agriculture and natural resources upon knowledge of the release. Notification received pursuant to this section and information obtained in the investigation of the notification may not be used in a criminal proceeding filed against the owner or operator, except in a prosecution for perjury or for giving a false statement. A violation of this section is subject to § 34A-2-75 .

Source: SL 1984, ch 244, § 3; SL 1992, ch 158, § 31B; SL 2005, ch 10, § 26; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-15-4 — SD Code / Title 34A / Chapter 15 / Section 34A-15-4
Limitation on third-party liability for damage to property--Vesting of title
Status: in_force

No lender - owner or representative may by virtue of becoming the owner of real or personal property be liable for any third - party liability arising from contamination or pollution emanating from the property before the date the title vests in the lender - owner or representative. For the purposes of this chapter, the issuance of a sheriff's certificate of sale is not sufficient to vest title in the lender - owner or representative.

Source: SL 1992, ch 261, § 4.
S.D. Codified Laws § 34A-6-1.6 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.6
Promulgation of rules--Factors for consideration--Scope--Open burning
Status: in_force

The board shall promulgate rules pursuant to chapter 1-26 setting forth the requirements for the issuance, renewal, reissuance, revocation, or suspension of solid waste management system, solid waste facility, and resource recovery permits. In promulgating these rules the board shall consider and may establish requirements based on the protection of the public health, the quantity of solid waste to be handled, the environmental effects of solid waste facilities, the nature, origin, or characteristics of the solid waste, the potential for contamination of groundwater and surface water, requirements and standards for corrective actions, requirements for public roadway standards, and design for access to the facilities with approval by the secretary of the Department of Transportation, public sentiment, the financial capability of the applicant, the effects of a facility on vicinity property values, population density, climate, soils, geology, wetlands, and other health, environmental, economic, or aesthetic considerations.

The rules shall establish standards for the collection, possession, storage, transportation, processing, resource recovery, recycling, or disposal of solid waste including medical waste and infectious waste. The rules shall include the location, construction, operation, compliance deadlines, maintenance, closure, postclosure, groundwater monitoring, leachate control and treatment, methane monitoring and control, and financial assurance standards and requirements for solid waste facilities as necessary to implement the purpose and intent of § 34A-6-1.2 . Based upon these considerations, the board may declare by rule, or find in a specific case, that a specified geographical area of the state possesses special or unique characteristics subject to specific requirements, and the board may prohibit the installation or establishment of specific types or sizes of solid waste facilities in these specified geographical areas of the state based on these findings.

Open burning is allowable, unless prohibited by federal law, subject to chapter 34A-1 , by municipalities of five thousand or less or by counties for persons living within the county but outside the boundaries of municipalities, if the municipality or county facility does not receive solid waste from more than fifty miles outside its boundaries.

Source: SL 1989, ch 306, § 7; SL 1992, ch 254, § 50S; SL 1992, ch 259, § 11.
S.D. Codified Laws § 34-20B-1 — SD Code / Title 34 / Chapter 20B / Section 34-20B-1
Definitions
Status: in_force

Terms as used in this chapter mean:

(1) "Administer," to deliver a controlled drug or substance to the ultimate user or human research subject by injection, inhalation, or ingestion, or by any other means;

(2) "Agent," an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser and includes a common or contract carrier, public warehouseman, or employee thereof;

(3) "Chemically derived cannabinoid," a chemical substance created by a chemical reaction that changes the molecular structure of any chemical substance derived from the cannabis plant. The term does not include:

(a) Cannabinoids produced by decarboxylation from a naturally occurring cannabinoid acid without the use of a chemical catalyst;

(b) Non-psychoactive cannabinoids; or

(c) Cannabinoids in a topical cream product;

(4) "Control," to add, remove, or change the placement of a drug, substance, or immediate precursor under §§ 34-20B-27 and 34-20B-28 ;

(5) "Controlled substance analogue," any of the following:

(a) A substance that differs in its chemical structure from a controlled substance listed in or added to Schedule I or II only by substituting one or more hydrogens with halogens, or by substituting one halogen with a different halogen;

(b) A substance that is an alkyl homolog of a controlled substance listed in or added to Schedule I or II; or

(c) A substance intended for human consumption:

(i) The chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II;

(ii) That has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to, or greater than, the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II; or

(iii) With respect to a particular person, which the person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II;

The term, controlled substance analogue, does not include a controlled substance or any substance for which there is an approved new drug application;

(6) "Counterfeit substance," a controlled drug or substance that, or the container or labeling of a controlled drug or substance that, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who manufactured, distributed, or dispensed the substance, and thereby falsely purports or is represented to be the product of, or to have been distributed by, the other manufacturer, distributor, or dispenser;

(7) "Deliver" or "delivery," the actual, constructive, or attempted transfer of a controlled drug, substance, or marijuana, whether or not there exists an agency relationship;

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

(9) "Dispense," to deliver a controlled drug or substance to the ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for such delivery;

(10) "Distribute," to deliver a controlled drug, substance, or marijuana;

(11) "Hashish," the resin extracted from any part of any plant of the genus cannabis, except that which occurs in an industrial hemp product, as defined in § 38-35-1 ;

(12) "Imprisonment," imprisonment in a state correctional facility unless the penalty specifically provides for imprisonment in the county jail;

(13) "Kratom," any part of the leaf of the plant Mitragyna speciosa;

(14) "Kratom product," a food as defined in § 39-4-1 , or dietary ingredient, containing kratom;

(15) "Manufacture," the production, preparation, propagation, compounding, or processing of a controlled drug or substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. A manufacturer does not include a practitioner who dispenses or compounds prescription orders for delivery to the ultimate consumer;

(16) "Marijuana," all parts of any plant of the genus cannabis, whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds. The term does not include:

(a) Fiber produced from the mature stalks of the plant, or oil or cake made from the seeds of the plant, or the resin when extracted from any part of the plant;

(b) A drug product approved by the United States Food and Drug Administration; or

(c) Industrial hemp, as defined in § 38-35-1 ;

(17) "Narcotic drug," any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(a) Opium, coca leaves, or opiates;

(b) A compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates; or

(c) A substance, and any compound, manufacture, salt, derivative, or preparation thereof, that is chemically identical to any of the substances referred to in subsections (a) and (b) of this subdivision;

The term, narcotic drug, does not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine;

(18) "Opiate" or "opioid," any controlled drug or substance having an addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability;

(19) "Opium poppy," the plant of the species papaver somniferum L., except the seeds thereof;

(20) "Poppy straw," all parts, except the seeds, of the opium poppy, after mowing;

(21) "Practitioner,":

(a) A physician licensed pursuant to chapter 36-4 , a physician assistant licensed pursuant to chapter 36-4A , a dentist licensed pursuant to chapter 36-6A , an optometrist licensed pursuant to chapter 36-7 , a podiatrist licensed pursuant to chapter 36-8 , a certified registered nurse anesthetist licensed pursuant to chapter 36-9 , a certified nurse practitioner or certified nurse midwife licensed pursuant to chapter 36-9A , a pharmacist licensed pursuant to chapter 36-11 , or a veterinarian licensed pursuant to chapter 36-12 ;

(b) A government employee acting within the scope of employment; and

(c) A person permitted by a certificate issued by the department to distribute, dispense, conduct research with respect to, or administer a substance controlled by this chapter;

(22) "Prescription," an order of a practitioner for a controlled drug or substance; and

(23) "Ultimate user," a person who lawfully possesses a controlled drug or substance for personal use or for the use of a member of the person's household, or for administration to an animal owned by the person or by a member of the person's household.

Source: SL 1970, ch 229, § 6; SDCL Supp, § 39-17-44; SL 1972, ch 216, § 1; SL 1974, ch 266, § 1; SL 1975, ch 256; SL 1976, ch 158, § 42-9; SL 1981, ch 260, §§ 1, 2; SL 1981, ch 375, §§ 18, 19; SL 1984, ch 239, § 1; SL 1985, ch 185, § 2; SL 1986, ch 306, § 11; SL 1989, ch 21, § 158; SL 1989, ch 293, § 1; SL 1994, ch 351, § 61; SL 1995, ch 191, § 4; SL 2004, ch 229, § 1; SL 2013, ch 156, § 1, eff. Mar. 6, 2013; SL 2017, ch 155, § 1; SL 2017, ch 171, § 50; SL 2019, ch 148, § 1, eff. Feb. 19, 2019; SL 2020, ch 176, § 23, eff. Mar. 27, 2020; SL 2020, ch 169, § 4; SL 2023, ch 82, § 98; SL 2023, ch 119, § 1, eff. Feb. 9, 2023; SL 2024, ch 129, § 1; SL 2025, ch 138, § 1; SL 2026, ch 147, § 1, eff. Feb. 11, 2026.
S.D. Codified Laws § 34-18-25.1 — SD Code / Title 34 / Chapter 18 / Section 34-18-25.1
Inspection of lodging establishments, campgrounds, food service establishments, and mobile food services--Fee
Status: in_force

The department shall, at least annually, make one inspection of each lodging establishment and campground and, at least twice annually, of each food service establishment or mobile food service licensed under this chapter to ascertain that the lodging establishment, campground, food service establishment, or mobile food service is in compliance with this chapter and the rules promulgated pursuant to this chapter. The department shall charge an inspection fee of twenty-five dollars for each inspection. The inspection shall take place during business hours and shall be conducted by an authorized department inspector after presentation of identification. The scope of the inspection is limited to those areas provided for in this chapter and the rules promulgated pursuant to this chapter.

Source: SL 1986, ch 281, § 6; SL 2009, ch 165, § 10.
S.D. Codified Laws § 34-20A-44 — SD Code / Title 34 / Chapter 20A / Section 34-20A-44
Inspection of facilities
Status: in_force

The department shall inspect accredited prevention or treatment facilities to ensure compliance with this chapter. For purposes of inspection, the department shall have access to the facility and its records at reasonable times and in a reasonable manner. This section does not apply to facilities accredited by the Joint Commission, the Commission on Accreditation of Rehabilitation Facilities, an Indian Health Service's quality assurance review under the Indian Health Service Manual, Professional Standards-Alcohol/Substance Abuse, or the Council on Accreditation.

Source: SL 1974, ch 240, § 7 (b); SL 1985, ch 278, § 40; SL 1989, ch 292, § 4; SL 1999, ch 173, § 2; SL 2009, ch 166, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 70, eff. Apr. 12, 2011; SL 2011, ch 159, § 2; SL 2016, ch 15, § 14; SL 2023, ch 94, § 10.
S.D. Codified Laws § 34A-2-39.1 — SD Code / Title 34A / Chapter 2 / Section 34A-2-39.1
Extension of time to meet quality and effluent standards
Status: in_force

The secretary may issue an extension to a point source or nonpoint source discharger, in which to meet state water quality standards or effluent standards if the extension is not in conflict with federal law, and if it is determined that:

(1) The violation was the result of actions or conditions outside the control of the discharger;

(2) The discharger has acted in good faith;

(3) There has been a commitment of necessary resources to achieve compliance at the earliest date probable;

(4) The extension would not result in imposition of any additional controls on any other point or nonpoint source;

(5) Facilities necessary for compliance are under construction and will be completed at the earliest date probable.

Source: SL 1978, ch 261; SL 1988, ch 285, § 9; SL 2011, ch 165, § 44.
S.D. Codified Laws § 34-11A-18 — SD Code / Title 34 / Chapter 11A / Section 34-11A-18
Annual estimate and certification of expenses--Source of payment
Status: in_force

The board of directors may make an annual estimate of the probable expense for carrying out the ambulance service program for the district.

The board of directors shall, by resolution, certify the estimate to the proper county auditor in the manner provided by § 34-11A-19 . The resolution shall state if the estimate shall be paid by a general tax levy against all taxable real property located within the district, by a special assessment against the real property within the district that is specifically benefited by the project, or by both a general tax levy and a special assessment with a portion to be paid by each.

Source: SL 1982, ch 259, § 18; SL 2000, ch 166, § 2.
S.D. Codified Laws § 34-23-12 — SD Code / Title 34 / Chapter 23 / Section 34-23-12
Blood test during pregnancy noted on birth certificate--Result not stated
Status: in_force

In reporting every birth and stillbirth, physicians and others permitted to attend pregnancy cases and required to report births and stillbirths shall state on the birth certificate or fetal death certificate, as the case may be, whether a blood test for syphilis has been made during such pregnancy upon a specimen of blood taken from the woman who bore the child for which a birth or fetal death certificate is filed, and if made, the date when such test was made, and if not made, the reason why such test was not made. In no event shall the certificate state the result of the test.

Source: SL 1939, ch 103; SDC Supp 1960, § 27.2406 (2).
S.D. Codified Laws § 34A-2-37 — SD Code / Title 34A / Chapter 2 / Section 34A-2-37
Effluent limitations enforced in issuance of permits
Status: in_force

The secretary shall require as permit conditions under § 34A-2-36 the achievement of:

(1) Effluent limitations based upon the application of such levels of treatment, technology, and processes as are required under the Federal Water Pollution Control Act, as amended to January 1, 2011;

(2) Any more stringent effluent limitations necessary to meet water quality criteria established pursuant to any state or federal law, rule, or regulation.

Effluent limitations prescribed under this section shall be achieved in the shortest reasonable period of time consistent with state or federal law, and any regulations or rules promulgated thereunder.

Source: SL 1973, ch 280, § 9 (2); SDCL Supp, § 46-25-53; SL 1993, ch 256, § 18; SL 2011, ch 165, § 43.
S.D. Codified Laws § 34-26A-14 — SD Code / Title 34 / Chapter 26A / Section 34-26A-14
Notification of coroner--Death to be investigated--Release to cremate
Status: in_force

If the crematory receives the remains of a deceased person and crematory personnel have reason to believe that the person may have died by unlawful means or that the person's death is subject to investigation under § 23-14-18 , the crematory shall notify the coroner of the county where the death occurred. After this notice, the remains may not be cremated until the coroner has completed any investigation, and provided the crematory with a written release.

Source: SL 1988, ch 283, § 14; SL 2023, ch 129, § 16.
S.D. Codified Laws § 34-20B-28.1 — SD Code / Title 34 / Chapter 20B / Section 34-20B-28.1
Definition of terms applicable to code imprinted drugs
Status: in_force

Terms used in §§ 34-20B-28.2 to 34-20B-28.6 , inclusive, unless the context plainly otherwise requires, mean:

(1) "Code imprint," a series of letters or numbers assigned by the manufacturer or distributor to a specific drug, or marks or monograms unique to the manufacturer or distributor of the drug, or both;

(2) "Distributor," a person who distributes for resale a drug in solid dosage form under his own label even though he is not the actual manufacturer of the drug;

(3) "Legend drug," any drug defined by section 503(b) of the Federal Food, Drug and Cosmetic Act, as amended on January 15, 1980, and under which definition its label is required to bear the statement "Caution: Federal law prohibits dispensing without prescription";

(4) "Solid dosage form," capsules or tablets intended for oral use.

Source: SL 1980, ch 241, § 1.
S.D. Codified Laws § 34-46-2 — SD Code / Title 34 / Chapter 46 / Section 34-46-2
Unlawful actions
Status: in_force

The following actions are unlawful:

(1) To knowingly sell or distribute a tobacco product to a person under the age of twenty-one;

(2) To purchase or attempt to purchase, to receive or attempt to receive, to possess, or to consume a tobacco product if a person is under the age of twenty-one;

(3) To purchase a tobacco product on behalf of, or to give a tobacco product to, any person under the age of twenty-one;

(4) To sell cigarettes other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law;

(5) To sell tobacco products through a vending machine located in a place other than a place that is open to the public but to which persons under the age of twenty-one are denied access at all times;

(6) To sell cigarettes or smokeless tobacco, or both, through a self-service display other than a display that is:

(a) A vending machine permitted under subdivision (5) of this section; or

(b) Located in a tobacco speciality store; or

(7) To distribute tobacco product samples in or on a public street, sidewalk, or park that is within five hundred feet of a playground, school, or other facility when the facility is being used primarily by persons under the age of twenty-one.

Source: SL 1994, ch 280, § 2; SL 1997, ch 206, § 1; SL 1998, ch 215, § 1; SL 2007, ch 199, § 1; SL 2009, ch 170, § 2; SL 2020, ch 148, § 1.The following actions are unlawful:

(1) To knowingly sell or distribute a nicotine product, as defined in § 10-50E-1 , to a person under the age of twenty-one;

(2) To purchase or attempt to purchase, to receive or attempt to receive, to possess, or to consume a nicotine product, as defined in § 10-50E-1 , if a person is under the age of twenty-one;

(3) To purchase a nicotine product, as defined in § 10-50E-1 , on behalf of, or to give a nicotine product to, any person under the age of twenty-one;

(4) To sell nicotine products, as defined in § 10-50E-1 , other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law;

(5) To sell nicotine products, as defined in § 10-50E-1 , through a vending machine, except as otherwise provided in § 10-50E-8 ;

(6) To sell nicotine products, as defined in § 10-50E-1 , through a self-service display; or

(7) To distribute samples of nicotine products, as defined in § 10-50E-1 , in or on a public street, sidewalk, or park that is within five hundred feet of a playground, school, or other facility when the facility is being used primarily by persons under the age of twenty-one.

Source: SL 1994, ch 280, § 2; SL 1997, ch 206, § 1; SL 1998, ch 215, § 1; SL 2007, ch 199, § 1; SL 2009, ch 170, § 2; SL 2020, ch 148, § 1; SL 2026, ch 54, § 19, eff. Jan. 1, 2027.
S.D. Codified Laws § 34-29A-9 — SD Code / Title 34 / Chapter 29A / Section 34-29A-9
Examinations for inspectors--Scope--Second examination on appeal--Records available to applicant and employer
Status: in_force

Examination for chief, deputy, or special inspectors shall be in writing and shall be under the direction of the Department of Public Safety. Such examination shall be confined to questions the answers to which will aid in determining the fitness and competency of the applicant for the intended service, and may be those prepared by the National Board of Boiler and Pressure Vessel Inspectors. In case an applicant for an inspector's commission fails to pass the examination, he may appeal to the Department of Public Safety for another examination which shall be given within ninety days. The record of an applicant's examination shall be accessible to the applicant and his employer.

Source: SL 1973, ch 229, § 11; SL 1982, ch 18, § 40; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-49-13 — SD Code / Title 34 / Chapter 49 / Section 34-49-13
Other civil penalties
Status: in_force

Any person violating any other provision in this chapter is subject to a civil penalty for a first offense not to exceed one thousand dollars, and for a subsequent offense subject to a civil penalty by the state fire marshal not to exceed five thousand dollars for each subsequent violation.

Source: SL 2009, ch 172, § 13, eff. Jan. 1, 2011.
S.D. Codified Laws § 34-48A-27 — SD Code / Title 34 / Chapter 48A / Section 34-48A-27
Secretary of public safety responsible for carrying out emergency management program
Status: in_force

The secretary of public safety, subject to the direction and control of the Governor, is responsible for carrying out the program for emergency management of this state. He shall coordinate the activities of all organizations for emergency management within the state, and shall maintain liaison with and cooperation with emergency management agencies and organizations of other states and of the federal government.

Source: SL 1949, ch 236, § 4; SL 1951, ch 285, § 4; SDC Supp 1960, § 41.01C04 (4); SL 1977, ch 271, § 8; SL 1992, ch 236, § 8; SL 2003, ch 272 (Ex. Ord. 03-1), § 111; SDCL § 33-15-22 .
S.D. Codified Laws § 34A-2-57 — SD Code / Title 34A / Chapter 2 / Section 34A-2-57
Procedure in hearing on violation--Venue
Status: in_force

If a hearing is held pursuant to the provisions of § 34A-2-54 or 34A-2-56 , it shall be treated as a contested case in accordance with chapter 1-26 and may be held in any county in which the violation is alleged to have occurred.

Source: SDC 1939, § 61.0112; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0148; SL 1966, ch 260, § 3; SDCL, § 46-25-12; SL 1973, ch 280, § 11 (4); SDCL Supp, § 46-25-73.
S.D. Codified Laws § 34-38-30 — SD Code / Title 34 / Chapter 38 / Section 34-38-30
Impermissible methods for dispensing fuel from aboveground tank--Equipment requirements as to tanks--Failure to comply as misdemeanor
Status: in_force

No person may dispense fuel from an aboveground storage tank by either gravity flow or pressurization of the tank. The owner of an aboveground storage tank shall prevent the release of liquid from the tank by syphon flow.

If an aboveground storage tank is at an elevation that produces a gravity head on the dispensing device, the tank outlet shall be equipped with a device such as a normally - closed solenoid valve that will prevent gravity flow from the tank to the dispenser. This device shall be located adjacent to and downstream of the outlet valve. The device shall be installed and adjusted so that liquid cannot flow by gravity from the tank to the dispenser if the piping or hose fails.

If a submersible pump system is used, a listed rigidly anchored emergency shutoff valve, incorporating a fusible link or other thermally actuated device which is designed to close automatically in the event of severe impact or fire exposure, shall be installed in accordance with the manufacturer's instructions in the supply line at the base of each individual island - type dispenser or at the inlet of each overhead dispensing device. An emergency shutoff valve incorporating a slip joint feature may not be used. The automatic closing feature of this valve shall be checked at the time of initial installation and at least once a year thereafter by manually tripping the hold - open linkage.

If a suction pump - type dispensing device is used, a listed, vacuum - actuated shut - off valve, with a shear section, or an equivalent - type valve shall be installed directly beneath each dispensing device.

Shut - off and check valve shall be equipped with a pressure - relieving device to relieve the pressure generated by thermal expansion back to the tank and piping shall be routed so that exposure to physical damage is minimized.

A violation of this section is a Class 2 misdemeanor.

Source: SL 1991, ch 269, § 8.
S.D. Codified Laws § 34-11A-3 — SD Code / Title 34 / Chapter 11A / Section 34-11A-3
Contents of petition or resolution
Status: in_force

The petition shall contain the suggested name of the proposed district, the area to be included, and a complete description according to government survey, if possible, of the boundaries of the real properties intended to be embraced in the proposed ambulance district. The petitioners shall also present to the county auditor a plat or map showing the suggested boundaries of the proposed district and shall deposit with the county auditor a sum sufficient to defray the expenses of publishing the notices required by §§ 34-11A-6 and 6-16-4 .

Source: SL 1982, ch 259, § 3; SL 1998, ch 36, § 21; SL 2003, ch 181, § 2.
S.D. Codified Laws § 34-27-13 — SD Code / Title 34 / Chapter 27 / Section 34-27-13
Filing by local registrars of data from graves registration survey project--Fees not receivable
Status: in_force

The local registrar of each registration district within the state is hereby authorized to receive and file in his office as a permanent record any information or data, pertaining to burials within his registration district, compiled by the "graves registration survey project," a state-wide survey, sponsored by the South Dakota Military Department through the cooperating sponsorship of the American Legion and under the works projects administration of South Dakota, together with maps or drawings of cemeteries in such district, to the end that said registrar with the cooperation of the graves registration survey project, may use such information or data in completing and bringing up to date, burial records as to all past burials; it is the intent and purpose of this chapter that all burials and all information pertaining thereto, including those of veterans who served in the military or naval forces of the United States in the time of war and those of veterans as defined by § 33A-2-1 , buried within this state, be placed on record and hereafter maintained therein as a permanent record; providing such information with reference to past burials in compiled and cemetery maps drafted and presented for filing, is without additional expense to the State of South Dakota. No registrar shall receive any fee for filing or recording such compiled burial information or cemetery map or maps.

Source: SDC 1939, § 27.0216 as added by SL 1941, ch 124, § 5; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 34-11-19 — SD Code / Title 34 / Chapter 11 / Section 34-11-19
Nurse providing services--Requirements--Scope of care--Direction
Status: in_force

A registered nurse or licensed practical nurse, licensed pursuant to chapter 36-9 , may be employed by or serve as a volunteer for an ambulance service, provided that the nurse demonstrates competence in the skills, equipment, and medications used in the provision of emergency care, as determined and approved by the medical or program director.

Care provided by a registered nurse or a licensed practical nurse, employed by or volunteering for an ambulance service, must be within the scope of the nurse's license and under the direction and supervision of the medical or program director.

Source: SL 2026, ch 143, § 3.
S.D. Codified Laws § 34-20B-10 — SD Code / Title 34 / Chapter 20B / Section 34-20B-10
Scheduled substances to be controlled--Nomenclature in schedules
Status: in_force

All controlled drugs and substances listed in §§ 34-20B-11 to 34-20B-26 , inclusive, are hereby controlled. The schedules set forth in said sections include the controlled drugs and substances listed or to be listed, by whatever official name, common or usual name, or trade name designated.

Source: SL 1970, ch 229, §§ 7, 8; SDCL Supp, § 39-17-53.
S.D. Codified Laws § 34-18-11.1 — SD Code / Title 34 / Chapter 18 / Section 34-18-11.1
Annual campground license fee
Status: in_force

The annual license fee for a campground is:

(1) Two to twenty-five campsites, inclusive, seventy-five dollars;

(2) Twenty-six to one hundred campsites, inclusive, one hundred thirteen dollars;

(3) One hundred one to two hundred campsites, inclusive, one hundred fifty dollars;

(4) Two hundred one to three hundred campsites, inclusive, one hundred eighty-eight dollars; and

(5) Three hundred one or more campsites, two hundred twenty-five dollars.

Source: SL 1970, ch 199, § 5; SL 1980, ch 238, § 8; SL 2009, ch 165, § 6; SL 2014, ch 164, § 2.
S.D. Codified Laws § 34A-6-76 — SD Code / Title 34A / Chapter 6 / Section 34A-6-76
Documentation of beginning implementation of plan required for new or renewed permit
Status: in_force

Beginning July 1, 1997, no new permit for a solid waste disposal facility may be issued and no existing permit may be 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, documents that steps are being taken to begin implementing the plan filed pursuant to § 34A-6-74 .

Source: SL 1992, ch 254, § 39.
S.D. Codified Laws § 34-10-12 — SD Code / Title 34 / Chapter 10 / Section 34-10-12
Terms of office of trustees--Election of first board
Status: in_force

The hospital district trustees elected for the first board shall serve for terms commencing upon their being elected and qualified and all trustees shall serve until their respective successors be elected and qualified. The term of office shall be for four years, except that the terms of the first board shall be so arranged so as to be overlapping, with three members serving until the next regular election; and four members until the second next regular election two years hence. The first board shall be elected at the same election held upon the creation of the district, subject to the creation thereof, shall qualify upon the organization of the district, if created, and the trustees may be nominated and have their names upon the ballots upon the filing with the board or boards of county commissioners of a petition signed by any five qualified electors of the district.

Source: SL 1959, ch 135, § 10; SDC Supp 1960, § 27.19B10.
S.D. Codified Laws § 34-12-39.6 — SD Code / Title 34 / Chapter 12 / Section 34-12-39.6
Closure of existing nursing facility--Availability of authorized beds
Status: in_force

Notwithstanding any other provisions of this chapter, if an existing nursing facility ceases operation, the authorized beds from that existing facility shall be held available by the department for eighteen months from the date the facility closes and shall be available for use by an entity licensed to operate a nursing facility pursuant to this chapter.

Source: SL 2019, ch 143, § 1.
S.D. Codified Laws § 34-23A-39 — SD Code / Title 34 / Chapter 23A / Section 34-23A-39
Reporting form for use of notice described in §34-23A-7
Status: in_force

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

(1) The number of females or parents whom the physician or agent of the physician provided the notice described in § 34-23A-7 ; and of each of those numbers, the number of females who, to the best of the reporting physician's information and belief, went on to obtain the abortion;

(2) The number of females upon whom the physician performed an abortion without providing to the parent of the minor the notice described in § 34-23A-7 ; of that number, the number who were emancipated minors, and the numbers from whom each of the exceptions to § 34-23A-7 were applicable;

(3) The number of abortions performed upon a female by the physician after receiving judicial authorization to do so without parental notice;

(4) The same information described in subdivisions (1) through (3) of this section with respect to females for whom a guardian or conservator has been appointed pursuant to statutes on guardianship or conservatorship because of finding of incompetency ;

(5) The name of hospital or physician office;

(6) The date of report by month, day, and year; and

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

Source: SL 1998, ch 209, § 6; SL 2004, ch 234, § 4.
S.D. Codified Laws § 34-12D-4 — SD Code / Title 34 / Chapter 12D / Section 34-12D-4
Multiple documents--Resolving conflicts--Participation by attorney in fact
Status: in_force

If an individual has executed both a declaration and a durable power of attorney, the later executed document shall control to the extent that its provisions conflict with the provisions of the earlier executed document. However, nothing in this chapter may be construed to create a presumption that an attorney in fact may not participate in the implementation of a declaration.

Source: SL 1991, ch 273, § 4.
S.D. Codified Laws § 34-51-7 — SD Code / Title 34 / Chapter 51 / Section 34-51-7
Physician not liable for recommendation
Status: in_force

No licensing board may revoke, fail to renew, suspend, or take any action against a physician's license pursuant to chapter 36-4 , based solely on the physician's recommendations to an eligible patient regarding access to or receipt of a general or individualized investigative treatment. No entity responsible for medicare certification may take action against a physician's medicare certification based solely on the physician's recommendation regarding a general or individualized investigative treatment.

Source: SL 2015, ch 188, § 7; SL 2025, ch 144, § 5.
S.D. Codified Laws § 34-20G-78.2 — SD Code / Title 34 / Chapter 20G / Section 34-20G-78.2
Financial relationship with clinic--Referral prohibited--Exceptions--Penalty
Status: in_force

If a practitioner or an immediate family member of the practitioner has a financial relationship with a medical cannabis clinic, the practitioner may not knowingly refer a patient to that clinic for the purpose of receiving a written certification under this chapter.

For purposes of this section, a "financial relationship" means an ownership or investment interest in the medical cannabis clinic, or a compensation arrangement between the practitioner or the practitioner's immediate family member and the clinic.

An ownership or investment interest may be through equity, debt, or other means and includes an interest in an entity that holds an ownership or investment interest in the medical cannabis clinic.

The prohibition of this section does not apply:

(1) If the services offered at the medical cannabis clinic are being provided by another practitioner in the same group practice as the referring practitioner;

(2) To a compensation arrangement, between the practitioner or the practitioner's immediate family member and the medical cannabis clinic, consisting of payments under the terms of a written lease that:

(a) Is signed by all the parties;

(b) Specifies the premises covered by the lease, provided the premises do not exceed the space that is reasonable and necessary for the legitimate business purposes of the lease and further provided that the premises, aside from common areas, are used exclusively by the lessee;

(c) Has a duration of at least twelve months; and

(d) Specifies the rental charges over the term of the lease, provided the charges are consistent with fair market value, and are not determined in a manner that takes into account the volume or value of any referrals or other business generated between the parties;

(3) To a bona fide employment relationship under which an immediate family member of the practitioner is employed by the clinic for identifiable services, and receives remuneration for those services in an amount that:

(a) Is consistent with the fair market value of the services; and

(b) Is not determined in a manner that takes into account, directly or indirectly, the volume or value of any referrals by the referring practitioner; and

(4) To an isolated transaction, such as a one-time sale of property.

Any practitioner who knowingly refers a patient to a medical cannabis clinic, with which the practitioner or an immediate family member of the practitioner has a financial relationship, is guilty of a Class 2 misdemeanor.

Source: SL 2024, ch 139, § 1.
S.D. Codified Laws § 34A-18-5 — SD Code / Title 34A / Chapter 18 / Section 34A-18-5
Time for submission of oil spill response plan
Status: in_force

Each crude oil pipeline operator shall submit its initial oil spill response plan to the department prior to putting a pipeline in operation.

Source: SL 2008, ch 180, § 5.
S.D. Codified Laws § 34A-16-47 — SD Code / Title 34A / Chapter 16 / Section 34A-16-47
Powers granted by chapter independent from other statutes
Status: in_force

The powers granted by this chapter, including the powers granted to a regional recycling and waste management district, a county or a municipality, are independent from and shall be supplementary to, powers granted by any other statute, and restrictions, conditions, procedural provisions, or other requirements contained in other statutes shall not be deemed to apply to the exercise of powers granted under this chapter unless the same are expressly incorporated by reference.

Source: SL 1993, ch 259, § 49.
S.D. Codified Laws § 34-34A-21 — SD Code / Title 34 / Chapter 34A / Section 34-34A-21
Citation of chapter
Status: in_force

This chapter may be cited as the South Dakota Manufactured Home Construction and Safety Standard Act.

Source: SL 1973, ch 216, § 18; SL 1990, ch 278, § 17.
S.D. Codified Laws § 34-12-62 — SD Code / Title 34 / Chapter 12 / Section 34-12-62
Promulgation of rules for birth centers
Status: in_force

The Department of Health shall promulgate rules pursuant to chapter 1-26 for the issuance, renewal, denial, suspension, and revocation of a license to operate a birth center. The department shall adopt, by rules promulgated pursuant to chapter 1-26 , minimum standards to protect the health and safety of mothers and infants of a birth center. The rules shall establish minimum standards regarding:

(1) Facility safety, including fire safety and construction, ADA accessibility, and sanitation;

(2) Qualifications and supervision of professional and nonprofessional personnel, including certification in neonatal and maternal CPR;

(3) Emergency equipment and procedures to provide emergency care;

(4) Medical records and reports;

(5) Birthing room requirements, including minimum size requirements;

(6) Support areas for patients, including toilet, hand washing station, and bath/shower facility;

(7) Infection control, including cleaning and laundry requirements, scrub area, decontamination, disinfection, sterilization, and storage of sterile supplies, storage for soiled product, and disposal of medical waste;

(8) Medication control;

(9) Quality assurance;

(10) Information on and access to patient follow-up care;

(11) Informed consent and disclosure requirements;

(12) Patient screening, assessment, and monitoring, including transport protocols and physician referral protocols; and

(13) Administrative and public areas, including staff support areas, reception area, family room, public restroom with toilet and hand washing station, nourishment area, record storage, and provisions for drinking water.

Source: SL 2011, ch 155, § 7.
S.D. Codified Laws § 34-20B-20.1 — SD Code / Title 34 / Chapter 20B / Section 34-20B-20.1
Gamma hydroxyl butyrate defined
Status: in_force

For the purposes of § 34-20B-20 , the term, gamma hydroxyl butyrate, includes gamma-butyrolactone, 1,4-butanediol or any other substances which convert to gamma hydroxyl butyrate upon ingestion. However, the term does not include any product which is lawfully used for mechanical, industrial, manufacturing, or scientific purposes.

Source: SL 2006, ch 180, § 1.
S.D. Codified Laws § 34-23-6 — SD Code / Title 34 / Chapter 23 / Section 34-23-6
Examination and treatment of prisoners
Status: in_force

All persons who shall be imprisoned or confined in any state, county, or city prison in the state shall be examined for and, if infected, treated for venereal diseases by the health authorities or their deputies.

Source: SL 1919, ch 284, § 4; SDC 1939, § 27.2404.
S.D. Codified Laws § 34-45-4.4 — SD Code / Title 34 / Chapter 45 / Section 34-45-4.4
Public safety answering point--Annual report to board--Promulgation of rules
Status: in_force

Each governing body of a public safety answering point shall submit an annual report to the board by March thirty-first of each year. The report must cover the period of January first through December thirty-first immediately preceding the report deadline and be available for public inspection. The annual report for each answering point must include the following:

(1) Number of emergency service calls made for ambulance, fire, and law enforcement;

(2) Total number of employees;

(3) Operational budget;

(4) Total amount of dollars received by the 911 emergency surcharge pursuant to § 34-45-4 from each jurisdiction in the system;

(5) Description of the geographic territory of the public safety answering point; and

(6) Hours of operation for the public safety answering point.

The Department of Public Safety may promulgate rules, pursuant to chapter 1-26 , to require additional information from a public safety answering point for the purposes of the annual report.

Source: SL 2024, ch 144, § 2; SL 2025, ch 143, § 1.
S.D. Codified Laws § 34-38-25 — SD Code / Title 34 / Chapter 38 / Section 34-38-25
Letter of approval required before proposed construction begins--Letter and plans to be submitted to division
Status: in_force

Before proposed construction begins the applicant shall obtain a letter of approval from the local governing body within whose jurisdiction the system is to be installed. This letter and two sets of plans, blueprints, or drawings shall be submitted to the division for examination and approval of compliance with this chapter.

Source: SL 1991, ch 269, § 3.
S.D. Codified Laws § 34-48-3 — SD Code / Title 34 / Chapter 48 / Section 34-48-3
Oral or written requests to representative
Status: in_force

Any public agency or covered entity requesting assistance under this chapter may do so through an oral or written request to a representative of the deploying public agency or covered entity to which the request is directed who is authorized to control the items of assistance being requested.

Source: SL 2006, ch 189, § 3.
S.D. Codified Laws § 34-20C-3 — SD Code / Title 34 / Chapter 20C / Section 34-20C-3
Persons entitled to recover damages
Status: in_force

Any person may recover damages under this chapter for injury resulting from another person's use of an illegal drug.

Source: SL 1997, ch 203, § 4.
S.D. Codified Laws § 34-48A-8 — SD Code / Title 34 / Chapter 48A / Section 34-48A-8
Reimbursement between political subdivisions co-operating
Status: in_force

The receiving political subdivision shall reimburse the sending political subdivision for all supplies used, the expenses of all equipment used, and the compensation paid to all officers and members of such forces so furnished during such time as the rendition of such aid prevents them from performing their duties in the sending political subdivision, for the actual traveling and maintenance expenses of such officers and members while rendering such aid, and the costs of all insurance covering such officers and members while so engaged, and any damage or loss to equipment or supplies furnished while so engaged. Any claim for such reimbursement, loss, damage, or expense in the use of equipment or supplies or for additional expenses incurred in the operation or maintenance thereof shall not be allowed unless within ninety days after the same is sustained or incurred an itemized notice of such claim, verified by an officer or employee of the sending political subdivision, having knowledge of the facts, is filed with the clerk or auditor of the receiving political subdivision.

Source: SDC Supp 1960, ch 41.01C as added by SL 1969, ch 169, § 1; SDCL § 33-15-8.3 .
S.D. Codified Laws § 34-3-3 — SD Code / Title 34 / Chapter 3 / Section 34-3-3
County board where full-time department maintained--Appointment and terms of members
Status: in_force

There shall be created in each county maintaining a full - time county health department, a county board of health consisting of seven members to be appointed by the county commissioners as follows: One member shall be a member of such board of county commissioners, appointed for one year at the first official meeting of such board in each calendar year; one member shall be a practicing physician and shall hold office for a term of four years; five members are to be selected from the electors of the county to hold office for terms of five years each, except that the initial term shall be staggered in such manner that the term of one board member so chosen shall expire each year. Vacancies occurring on the county board of health shall be filled by appointment by the board of county commissioners for the unexpired term affected.

Source: SL 1953, ch 129, § 3; SDC Supp 1960, § 27.18A03; SL 1977, ch 276.
S.D. Codified Laws § 34-14-23 — SD Code / Title 34 / Chapter 14 / Section 34-14-23
Person to be tested to receive copy of signed consent form--Original signed form to be filed in medical records
Status: in_force

If a person to be tested or the person's legally authorized representative signs a copy of the informed consent form developed pursuant to § 34-14-22 , the person obtaining the informed consent shall give the person to be tested a copy of the signed informed consent form and shall include the original signed informed consent form in the medical record of the person tested.

Source: SL 2001, ch 184, § 3.
S.D. Codified Laws § 34-45-3 — SD Code / Title 34 / Chapter 45 / Section 34-45-3
Costs for installation, maintenance, or operation--Joint agreements among governing bodies
Status: in_force

Any governing body may incur any nonrecurring or recurring costs for the installation, maintenance, or operation of a 911 system and may pay such costs in whole or in part from a 911 emergency surcharge. If the 911 system is to be provided for any territory included in the jurisdiction of the governing bodies of two or more public agencies the public agencies may enter into a joint agreement for such service.

Source: SL 1989, ch 303, § 3; SL 2008, ch 176, § 3.
S.D. Codified Laws § 34A-3A-16 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-16
Approval and certification of laboratory facilities and personnel
Status: in_force

The director of laboratories shall establish and carry out a program for approval and certification of laboratory facilities and personnel which conduct analytical measurements required by any rules promulgated pursuant to this chapter.

Source: SL 1983, ch 260, § 16.
S.D. Codified Laws § 34-29A-11 — SD Code / Title 34 / Chapter 29A / Section 34-29A-11
Hearing on qualifications of special inspector--Revocation of commission
Status: in_force

If the chief inspector has reason to believe that a special inspector is no longer qualified to hold his commission, the Department of Public Safety shall, upon not less than ten days' written notice to the inspector and his employer, hold a hearing at which such inspector and his employer shall have an opportunity to be heard. If, as a result of such hearing, the Department of Public Safety shall find that such inspector is no longer qualified to hold his commission, the Department of Public Safety shall thereupon revoke such commission forthwith.

Source: SL 1973, ch 229, § 12; SL 1982, ch 18, § 41; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-38-37 — SD Code / Title 34 / Chapter 38 / Section 34-38-37
Review of actions by director--Director's decision appealable
Status: in_force

Any person aggrieved by any action or decision pursuant to this chapter may seek review of such action or decision by the director of the division pursuant to the contested case provisions of chapter 1-26 . The decision of the director may be appealed to circuit court in the manner provided by chapter 1-26 .

Source: SL 1991, ch 269, § 15.
S.D. Codified Laws § 34A-10-10 — SD Code / Title 34A / Chapter 10 / Section 34A-10-10
Affirmative defense of no reasonable alternative--Burden of proof and weight of evidence
Status: in_force

The defendant may also show, by way of an affirmative defense, that there is no feasible and prudent alternative to defendant's conduct and that such conduct is consistent with the promotion of the public health, safety, and welfare in light of the state's paramount concern for the protection of its natural resources from pollution, impairment, or destruction. Except as to the affirmative defense, the principles of burden of proof and weight of the evidence generally applicable in civil actions in the circuit courts shall apply to actions brought under this chapter.

Source: SL 1973, ch 144, § 4 (1); SDCL Supp, § 21-10A-10.
S.D. Codified Laws § 34-11A-33 — SD Code / Title 34 / Chapter 11A / Section 34-11A-33
Public hearing required for certain expenditures of capital outlay fund
Status: in_force

Any district using the capital outlay fund for payment of construction of new facilities or construction of additions to facilities, the total of which will require advertising for bids under chapter 5-18 , must have a public hearing at least ten days prior to the advertisement of any contract specifications. Such public hearing shall be advertised in the legal newspapers of each county where the district has territory. Following such public hearing, and approval of the board of directors, the district may use the capital outlay fund as provided in § 34-11A-32 . However, if a district changes the originally advertised use of the fund it shall hold another public hearing.

Source: SL 1992, ch 241, § 3.
S.D. Codified Laws § 34A-1-60 — SD Code / Title 34A / Chapter 1 / Section 34A-1-60
Owner or operator to pay annual fee--Date due
Status: in_force

The obligation to pay the annual fee imposed by § 34A-1-58 is upon the owner or operator of a regulated air contaminant source and shall accrue on July first for all facilities. The fee is due and payable by July thirty-first and shall be remitted to the Department of Agriculture and Natural Resources along with the forms prescribed by the secretary in rules promulgated pursuant to chapter 1-26 .

Source: SL 1992, ch 254, § 75; SL 1993, ch 257, § 7; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2019, ch 158, § 3; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-45-28 — SD Code / Title 34 / Chapter 45 / Section 34-45-28
Prior requirements sufficient for continued employment
Status: in_force

The Legislature finds that any person serving as a 911 telecommunicator on July 1, 1999, meets any requirements established pursuant to § 34-45-26 as a condition of tenure or continued employment and no further evidence of qualifications may be required by the commission.

Source: SL 1998, ch 142, § 7.
S.D. Codified Laws § 34-22-12.5 — SD Code / Title 34 / Chapter 22 / Section 34-22-12.5
Sharing of immunization records permitted unless signed refusal in medical record--Violation as a misdemeanor
Status: in_force

A patient's immunization record shall be shared among health care providers, health care facilities, federal or state health agencies, child welfare agencies, schools, or family day care facilities, without the consent of the patient or the person acting on the patient's behalf unless the patient's signed refusal to release immunization information is part of the patient's medical record. The provider shall provide notice in any written form to the patient, or if the patient is a minor, the patient's parent or guardian of the patient's ability to refuse to permit immunization information to be shared. If the patient is a minor, the refusal to release immunization information may be signed by the patient's parent or guardian on behalf of the minor patient. Any person who receives immunization data pursuant to this section and knowingly or intentionally discloses or fails to protect the confidentiality of the data is guilty of a Class 1 misdemeanor.

Source: SL 1996, ch 214; SL 2015, ch 182, § 1.
S.D. Codified Laws § 34A-6-1.33 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.33
Exhaustion of administrative remedies not required
Status: in_force

The department need not exhaust its administrative remedies, if any exist, before commencing any action to enforce the provisions of §§ 34A-6-1.1 to 34A-6-1.38 , inclusive.

Source: SL 1989, ch 306, § 33.
S.D. Codified Laws § 34-48A-45 — SD Code / Title 34 / Chapter 48A / Section 34-48A-45
Mutual aid arrangements of local organizations
Status: in_force

The director of a local emergency management organization may develop mutual aid arrangements consistent with state plans and programs. The provisions of such arrangements shall be implemented in the event of emergency or disaster.

Source: SL 1949, ch 236, § 9; SL 1951, ch 285, § 9; SDC Supp 1960, § 41.01C08 (1); SL 1977, ch 271, § 22; SL 1992, ch 236, § 20; SDCL § 33-15-34 .
S.D. Codified Laws § 34-18-10 — SD Code / Title 34 / Chapter 18 / Section 34-18-10
Annual license required--Renewal--Initial application contents
Status: in_force

Every owner of a lodging establishment, campground, food service establishment, or mobile food service establishment shall obtain a license before beginning the operation of the establishment or campground. The license must be renewed annually on or before December thirty-first. To obtain or renew a license, an owner must apply on a form provided by the department, accompanied by the proper license fee.

The initial application form must contain:

(1) The name and address of the establishment or campground and previous name, if changed due to a change in ownership;

(2) The name, address, and telephone number of the owner and operator of the establishment or campground;

(3) A specification of the type of license applied for;

(4) If for a lodging establishment license, a description of the size of the establishment and whether it has a water recreational facility;

(5) If for a campground license, a description of the size and type of the campground and whether it has a water recreational facility;

(6) If for a food service or mobile food service establishment license, a description of the size of the establishment;

(7) A license fee schedule; and

(8) A certification of consent to allow inspections of the establishment or campground by authorized department inspectors during business hours upon the presentation of identification.

Source: SDC 1939, § 27.1706; SL 1941, ch 127, § 1; SL 1955, ch 94, § 2; SL 1963, ch 158, § 7; SL 1967, ch 106, § 1; SL 1970, ch 199, § 4; SL 1986, ch 281, § 1; SL 1995, ch 194, § 1; SL 2009, ch 165, § 3; SL 2025, ch 136, § 1.
S.D. Codified Laws § 34-12F-6 — SD Code / Title 34 / Chapter 12F / Section 34-12F-6
Directive for person admitted to health care facility--Implementation as physician's order
Status: in_force

An EMS cardiopulmonary resuscitation directive for any person who is admitted to a health care facility shall be implemented as a physician's order concerning resuscitation as directed in the EMS cardiopulmonary resuscitation directive, pending any further order by a physician.

Source: SL 2004, ch 226, § 6; SL 2005, ch 183, § 6.
S.D. Codified Laws § 34-10-28 — SD Code / Title 34 / Chapter 10 / Section 34-10-28
Lease of hospital facilities to others
Status: in_force

The board shall have authority to lease any hospital facilities of the district to persons and private or public corporations for the purpose of operation, provided that in the opinion of the board the needs of the community can best be served thereby.

Source: SL 1959, ch 135, § 16; SDC Supp 1960, § 27.19B16.
S.D. Codified Laws § 34-26A-6.1 — SD Code / Title 34 / Chapter 26A / Section 34-26A-6.1
Authorization to cremate--Form
Status: in_force

A form authorizing cremation must:

(1) Contain the decedent's name and the manner in which the decedent's identity was verified;

(2) Contain the name of the crematory and the person accepting the authorization to cremate on behalf of the crematory;

(3) Indicate the auspices under which the person is authorizing the cremation, as set forth in § 34-26-75 ;

(4) Provide for a statement indicating that the person authorizing the cremation:

(a) Has no knowledge of any other person with a superior right to authorize the cremation, as provided for in § 34-26-75 ; or

(b) Has knowledge of another person with a superior right to authorize the cremation, as provided for in § 34-26-75 , has made a reasonable effort but been unable to contact that other person, and has no reason to believe that the other person would object to the authorization of a cremation;

(5) Provide for a question regarding knowledge of any pacemaker, defibrillator, or other device or implant that might:

(a) Pose a hazard to the health or safety of crematory personnel; or

(b) Cause damage to the cremation chamber;

(6) Indicate whether the cremation is to include the casket or an alternative container in which the decedent was delivered to the crematory;

(7) Include the name of any person authorized to witness the cremation;

(8) Include the name of the person who is to receive the cremated remains;

(9) Include instructions regarding the manner in which any personal property delivered to the crematory with the decedent's remains are to be handled;

(10) Include instructions for the disposition of the cremated remains, in accordance with the provisions of this chapter or directives set forth in a pre-need cremation contract;

(11) Include an attestation, by the person authorizing the cremation, indicating that to the best of his or her knowledge, all statements and information contained in the authorization are accurate; and

(12) Include a statement specifically authorizing the cremation of the decedent and the processing and disposition of the remains in accordance with the directives set forth in the form.

A crematory may not proceed with the cremation of a decedent until the authorization form has been completed in accordance with the requirements of this section.

The crematory shall retain each authorization form required by this section in accordance with the record retention provisions set forth in § 34-26A-25.1 .

Source: SL 2023, ch 129, § 9.
S.D. Codified Laws § 34A-6-37 — SD Code / Title 34A / Chapter 6 / Section 34A-6-37
Acceptance and disbursement of funds for solid waste or recycling facility or system
Status: in_force

Any county, municipality, or other political subdivision of the state that is authorized to own or operate a solid waste or recycling facility or system may accept and disburse funds derived from grants from the federal or state governments, from private sources, from moneys that may be appropriated from the general fund, or a combination thereof for the installation and operation of a solid waste management system or facility, recycling facility, or any portion of such a system or facility. In addition, the county, municipality, or political subdivision may accept and disburse funds that are derived from or used for transactions authorized under § 34A-6-63.1 . Such transactions are exempt from the provisions of §§ 7-8-15 , 7-11-6 , 7-18-3 , 7-22-1 , 7-22-2 , 7-22-3 , 9-18-1 , 9-23-1 , 9-23-2 , and 9-23-3 .

Source: SL 1972, ch 198, § 9; SDCL § 34-16B-24; SL 2007, ch 204, § 3.
S.D. Codified Laws § 34-27-33 — SD Code / Title 34 / Chapter 27 / Section 34-27-33
Confidentiality of archaeological records pertaining to location of unmarked burials and other human remains--Exceptions
Status: in_force

Any record maintained pursuant to § 1-20-21 pertaining to the location of unmarked burials and other human remains shall remain confidential to protect the integrity of unmarked burials, human skeletal remains, and associated funerary objects. The state archaeologist may make the information from the records of such a site available to any agency of state government and any political subdivision of the state or to any tribe, which, in the opinion of the state archaeologist, may conduct activities that affect any such burial or human remains. The state archaeologist shall also make the information from the records of such a site available to the owner of the land that is such a site and may make the information available to any qualified researcher or research entity.

Source: SL 2007, ch 6, § 3.
S.D. Codified Laws § 34-25-58 — SD Code / Title 34 / Chapter 25 / Section 34-25-58
Enforcement and supervisory powers of department--Investigations by secretary
Status: in_force

The provisions of this chapter shall be performed and enforced in every part of this state by the State Department of Health which shall have supervisory power over local registrars and deputy local registrars, to the end that all requirements of this chapter shall be uniformly complied with. The secretary of health either personally or by accredited representative shall have authority to investigate any irregularities or violations of law, and all registrars shall aid him upon request in such investigations.

Source: SL 1931, ch 267, § 22; SDC 1939, § 27.0222; SL 1972, ch 194, § 44.
S.D. Codified Laws § 34-23A-62 — SD Code / Title 34 / Chapter 23A / Section 34-23A-62
Repeal not implied
Status: in_force

Nothing in §§ 34-23A-53 to 34-23A-62 , inclusive, repeals, by implication or otherwise, any provision not explicitly repealed.

Source: SL 2011, ch 161, § 10.
S.D. Codified Laws § 34-18-25.2 — SD Code / Title 34 / Chapter 18 / Section 34-18-25.2
Refusal to allow inspection--Suspension or revocation proceedings
Status: in_force

If, prior to an inspection being started, the owner or operator of a lodging establishment, campground, food service establishment, or mobile food service establishment refuses to allow the inspection, no inspection shall be made. If, during the course of an inspection, the owner or operator refuses to allow the inspection to continue, the inspection shall cease. In either case, however, the department may immediately initiate proceedings in accordance with chapter 1-26 to suspend or revoke the owner's establishment or campground license.

Source: SL 1986, ch 281, § 7.
S.D. Codified Laws § 34-12-1.1 — SD Code / Title 34 / Chapter 12 / Section 34-12-1.1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Adult foster care home," a family-style residence that provides supervision of personal care, health services, and household services for no more than four aged, blind, physically disabled, developmentally disabled, or socially-emotionally disabled adults;

(2) "Ambulatory surgery center," any facility that is not part of a hospital and that is not an office of a dentist, whether for individual or group practice, in which surgical procedures requiring the use of general anesthesia are performed upon patients;

(3) "Assisted living center," any institution, rest home, boarding home, place, building, or agency that is maintained and operated to provide personal care and services that meet some need beyond basic provision of food, shelter, and laundry;

(4) "Birth center," any health care facility at which a woman is scheduled to give birth following a normal, uncomplicated pregnancy, but does not include a hospital or the residence of the woman giving birth;

(5) "Chemical dependency treatment facility," any facility that provides a structured inpatient treatment program for alcoholism or drug abuse;

(6) "Community living home," any family-style residence whose owner or operator is engaged in the business of providing individualized and independent residential community living supports for compensation to at least one unrelated adult, but no more than four adults, and provides one or more regularly scheduled health related services, either administered directly or in collaboration with an outside health care provider. This term does not include any setting that is certified or accredited through chapter 34-20A , title 27A, or title 27B;

(7) "Critical access hospital," any nonprofit or public hospital providing emergency care on a twenty-four-hour basis located in a rural area that has limited acute inpatient services, focusing on primary and preventive care, and that has in effect an agreement with a general hospital that provides emergency and medical backup services and accepts patient referrals from the critical access hospital. For the purposes of this subdivision, a rural area is any municipality under fifty thousand population;

(8) "Freestanding emergency medical care facility," any facility structurally separate and distinct from a hospital that directly receives a person and provides emergency medical care;

(9) "Health care facility," any institution, birth center, ambulatory surgery center, chemical dependency treatment facility, hospital, nursing facility, assisted living center, rural primary care hospital, adult foster care home, inpatient hospice, residential hospice, freestanding emergency care facility, community living home, rural emergency hospital, place, building, or agency in which any accommodation is maintained, furnished, or offered for the hospitalization, nursing care, or supervised care of the sick or injured;

(10) "Hospital," any establishment with an organized medical staff with permanent facilities that include inpatient beds and is primarily engaged in providing by or under the supervision of physicians, to inpatients, any of the following services: diagnostic or therapeutic services for the medical diagnosis, treatment, or care of injured, disabled, or sick persons; obstetrical services including the care of the newborn; or rehabilitation services for injured, disabled, or sick persons. In no event may the inpatient beds include nursing facility beds or assisted living center beds unless the same are licensed as such pursuant to this chapter;

(11) "Inpatient hospice," any facility that is not part of a hospital or nursing home that is maintained and operated for the express or implied purpose of providing all levels of hospice care to terminally ill individuals on a twenty-four hour per day basis;

(12) "Nursing facility," any facility that is maintained and operated for the express or implied purpose of providing care to one or more persons whether for consideration or not, who are not acutely ill but require nursing care and related medical services of such complexity as to require professional nursing care under the direction of a physician on a twenty-four hour per day basis; or a facility that is maintained and operated for the express or implied purpose of providing care to one or more persons, whether for consideration or not, who do not require the degree of care and treatment that a hospital is designed to provide, but who because of their mental or physical condition require medical care and health services that can be made available to them only through institutional facilities;

(13) "Palliative care," specialized medical care that is provided to a patient of any age, with a serious illness at any stage, and which:

(a) Is designed to improve a patient's quality of life, and that of the patient's family, by providing relief from the symptoms and stresses of the patient's illness;

(b) May be provided alongside curative treatments in primary and specialty settings, based on the needs of the patient and not on the prognosis; and

(c) Delivered collaboratively, in any setting, by a specially-trained interdisciplinary team that includes healthcare practitioners, nurses, social workers, spiritual care providers, and other patient support providers;

(14) "Residential hospice," any facility that is not part of a hospital or nursing home that is maintained and operated for the express or implied purpose of providing custodial care to terminally ill individuals on a twenty-four hour per day basis; and

(15)"Rural emergency hospital," any nonprofit or public health care facility previously licensed as a hospital that provides emergency care on a twenty-four-hour basis, is located in a municipality under fifty thousand population that has no acute inpatient services, and that has in effect a transfer agreement with a level I or II trauma hospital, as designated by the Department of Health, to accept patients from the rural emergency hospital.

Source: SL 1986, ch 278, § 2; SL 1988, ch 277, § 1; SL 1991, ch 272, § 1; SL 1993, ch 230; SL 1995, ch 191, § 1; SL 1997, ch 167, § 3; SL 1999, ch 170, § 1; SL 2005, ch 179, § 1; SL 2008, ch 167, § 1; SL 2009, ch 163, § 1; SL 2011, ch 155, § 2; SL 2012, ch 177, § 8; SL 2017, ch 149, § 1; SL 2017, ch 150, § 1; SL 2022, ch 103, § 1; SL 2024, ch 128, § 1.
S.D. Codified Laws § 34-29A-1 — SD Code / Title 34 / Chapter 29A / Section 34-29A-1
Definition of terms
Status: in_force

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

(1) "Boiler," a closed vessel in which water is heated, steam is generated, steam is superheated, or any combination thereof, under pressure or vacuum, for use externally to itself by the direct application of heat from the combustion of fuels, or from electricity, nuclear or solar energy. The term "boiler" includes fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. The term "boiler" includes the apparatus by which heat is generated and all controls and safety devices associated with such apparatus or the closed vessel;

(2) "Certificate inspection," an inspection, the report of which is used by the chief inspector to decide whether or not a certificate as provided by § 34-29A-39 may be issued. This certificate inspection shall be an internal inspection when required; otherwise, it shall be as complete an inspection as possible;

(3) "Heating boiler," a steam or vapor boiler operating at pressures not exceeding fifteen psig, or a hot water boiler operating at pressures not exceeding 160 psig or temperatures not exceeding 250 degrees F;

(4) "High pressure, high temperature water boiler," a water boiler operating at pressures exceeding 160 psig or temperatures exceeding 250 degrees F;

(5) "Historic power boiler," a standard or nonstandard power boiler, including free - lance and scale models, owned by publicly operated museums, nonprofit organizations and individuals who preserve, maintain, exhibit, and only occasionally operate these boilers on a not - for - profit basis and for the primary purpose of perpetuating the agricultural and pioneer heritage of South Dakota;

(6) "Hot water supply boiler (water heater)," a boiler of either instantaneous or storage type, furnishing hot water to be used externally to itself;

(7) "Power boiler," a boiler in which steam or other vapor is generated at a pressure of more than fifteen psig;

(8) "Secondhand boiler," a boiler for which both location and ownership have changed since initial installation.

Source: SL 1973, ch 229, § 1; SL 1978, ch 257, § 1; SL 1982, ch 18, § 34; SL 1989, ch 300, §§ 1, 4.
S.D. Codified Laws § 34A-6-1.18 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.18
Sections not applicable
Status: in_force

Sections 34A-6-1.7 , 34A-6-1.9 , and 34A-6-1.17 do not apply to existing facilities or to any new facility which handles less than twenty - five thousand tons per annum, unless required by federal law or regulation or unless the department can affirmatively demonstrate in a specific case that groundwater contamination is actually occurring.

Source: SL 1989, ch 306, § 18A; SL 1994, ch 282.
S.D. Codified Laws § 34-20B-118 — SD Code / Title 34 / Chapter 20B / Section 34-20B-118
Industrial hemp--Chemical modification or conversion--Sale or distribution--Penalty
Status: in_force

No person or entity may:

(1) Chemically modify or convert industrial hemp as defined in § 38-35-1 , or engage in any process that converts cannabidiol, into delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinol, delta-10 tetrahydrocannabinol, or any other tetrahydrocannabinol isomer, analog, or derivative; or

(2) Sell or distribute industrial hemp or an industrial hemp product that contains chemically derived cannabinoids or cannabinoids created by chemically modifying or converting a hemp extract.

A violation of this section is a Class 2 misdemeanor.

Source: SL 2024, ch 129, § 2.
S.D. Codified Laws § 34-11A-12 — SD Code / Title 34 / Chapter 11A / Section 34-11A-12
Board of directors--Election--Certain persons ineligible
Status: in_force

Permanent organization shall be effected by the election of a board of directors consisting of not less than five residents of the district. No employee of the ambulance district may serve as a director.

Source: SL 1982, ch 259, § 12; SL 2000, ch 165, § 2.
S.D. Codified Laws § 34A-13-7 — SD Code / Title 34A / Chapter 13 / Section 34A-13-7
Furnishing of information to director--Denial of benefits based on failure to furnish information
Status: in_force

Any person who the director has reason to believe is a covered party, or the owner of real property where corrective action is ordered to be taken, or any person who may have information concerning a release or a corrective action, shall, if requested by the director, furnish to the director any information that person has or may reasonably obtain that is relevant to the release. Failure on the part of the covered party to do so allows denial of benefits under this chapter pursuant to subdivision 34A-13-8.5 (6).

Source: SL 1988, ch 290, § 7; SL 1991, ch 294, § 2; SL 1992, ch 260, § 3; SL 2011, ch 165, § 155.
S.D. Codified Laws § 34-20A-27 — SD Code / Title 34 / Chapter 20A / Section 34-20A-27
Standards for accredited prevention or treatment facilities--Fees
Status: in_force

The department shall establish reasonable standards and requirements for accredited prevention or treatment facilities. The department may fix the fees to be charged by the department for the required inspections. The department shall promulgate rules, pursuant to chapter 1-26 , in regard to the following standards and requirements:

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

(2) Physical facilities and quality control;

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

(4) Service components, including inpatient and residential, outpatient treatment, social detoxification, transitional care, custodial care, counseling and support services, and prevention services;

(5) Staff qualifications; and

(6) Other standards as are necessary for the safety and health of clients and patients.

Source: SL 1974, ch 240, § 7 (a); SL 1985, ch 278, § 24; SL 2011, ch 1 (Ex. Ord. 11-1), § 70, eff. Apr. 12, 2011; SL 2016, ch 15, § 12; SL 2023, ch 94, § 8.
S.D. Codified Laws § 34-44-12 — SD Code / Title 34 / Chapter 44 / Section 34-44-12
Suspension or revocation of contractor's certificate--Grounds
Status: in_force

The department may suspend or revoke, pursuant to chapter 1-26 , an asbestos abatement certificate issued to an asbestos contractor under § 34-44-10 if the asbestos contractor:

(1) Fraudulently obtains or attempts to obtain a certificate;

(2) Fails at any time to satisfy the qualifications for a certificate or to comply with rules adopted by the board under this chapter;

(3) Fails to meet any applicable state or federal standard relating to asbestos abatement;

(4) Permits an untrained worker to work on an asbestos abatement project;

(5) Employs a worker who fails to comply with applicable state or federal rules relating to asbestos abatement.

Source: SL 1988, ch 284, § 10.
S.D. Codified Laws § 34A-10-12 — SD Code / Title 34A / Chapter 10 / Section 34A-10-12
Apportionment of costs
Status: in_force

Costs may be apportioned to the parties if the interests of justice require.

Source: SL 1973, ch 144, § 4 (3); SDCL Supp, § 21-10A-12.
S.D. Codified Laws § 34A-5-40 — SD Code / Title 34A / Chapter 5 / Section 34A-5-40
Certification of unpaid charges and tax levies--Collection with real estate taxes--Tax sales
Status: in_force

The board of trustees may cause the amount of any charges, and interest and penalties on the charges, for sewer service rendered or made available to any land within the district, which are due and unpaid on the first day of October in each year to be certified by the clerk of the district to the county auditor in the manner provided in § 10-12-7 together with any taxes levied by the district for corporate purposes. All amounts so certified shall be inserted by the county auditor upon the tax list of the current year and shall be payable and delinquent at the same time and shall incur penalty and interest and shall be collected by the same procedure as real estate taxes on the same property. In the event of a tax sale or the issuance of a tax deed, the provisions of §§ 9-43-112 and 9-43-113 shall apply to all amounts so certified and then delinquent, in the same manner as delinquent installments of special assessments.

Source: SDC Supp 1960, § 45.3815 (10) as added by SL 1964, ch 144, § 7; SDCL § 34-17-33; SL 2011, ch 165, § 100; SL 2021, ch 43, § 25.
S.D. Codified Laws § 34-5-4 — SD Code / Title 34 / Chapter 5 / Section 34-5-4
Determination of necessity for snow removal--Emergency and disaster declared by Governor or county commissioners
Status: in_force

The board of county commissioners with the county highway superintendent shall be the sole judges as to the necessity, need, and emergencies for snow removal operations and repairs, and shall exercise full discretion with decisions relative thereto. To expend money from said fund as otherwise provided in 34-5-3 , the Governor or the board of county commissioners by a resolution duly adopted must declare that a time of emergency and disaster exists.

Source: SL 1953, ch 32, § 3; SDC Supp 1960, § 12.0617-9; SL 1967, ch 15, § 3.
S.D. Codified Laws § 34-3-24 — SD Code / Title 34 / Chapter 3 / Section 34-3-24
Annual budget estimates for full-time department--Hearings and approval of budget
Status: in_force

A full - time county or district board of health shall, at least two weeks before the dates specified by law for the setting up of official budgets, estimate the total cost of operating and maintaining the department for the ensuing fiscal year and the amount of moneys that may be available from unexpended surpluses and from grants or donations from all other sources. The estimates shall be submitted to the governing boards of the participating political subdivisions which shall consider these data as the budget request of such board for the ensuing fiscal year. The governing boards of the participating political subdivisions shall, with respect to each such full - time county or district board of health, hold a public joint hearing on such budget request for purposes of approving, with or without modifications, the amount of moneys to be made available within the operating budgets for operating and maintaining the department for the ensuing fiscal year.

Source: SL 1953, ch 129, § 13; SDC Supp 1960, § 27.18A13; SL 1966, ch 77; SL 1985, ch 77, § 36.
S.D. Codified Laws § 34-25-4.1 — SD Code / Title 34 / Chapter 25 / Section 34-25-4.1
Register of deeds or designee as local registrar--Fees--Deputy, appointment, and duty
Status: in_force

The register of deeds shall be the local registrar of vital records for each registration district in this state. If there is no register of deeds, the department shall designate the local registrar who shall assume the responsibilities of local registrar of vital records. No fee shall be charged by a local registrar for filing an original or amended birth record or a death or burial record or for certified copies to persons entitled thereto under § 34-25-54 .

Each local registrar shall appoint a deputy whose duty it shall be to act in his stead in case of the absence or disability of such local registrar.

Source: SL 1931, ch 267, § 3; SDC 1939, § 27.0203; SDCL, § 34-25-4 ; SL 1972, ch 194, § 4; SL 1974, ch 55, § 33.
S.D. Codified Laws § 34-24-16 — SD Code / Title 34 / Chapter 24 / Section 34-24-16
Educational program on metabolic diseases
Status: in_force

The State Department of Health shall provide for the development and carrying out of an educational program among physicians, staffs of hospitals, public health nurses, and the citizens of this state concerning the disease phenylketonuria, hypothyroidism, and other metabolic diseases which may cause intellectual disabilities for which appropriate methods of detection, prevention, or treatment are available. This educational program shall include information about the nature of the diseases and examinations for the early detection of such diseases in order that proper measures may be taken to prevent intellectual disabilities.

Source: SL 1973, ch 233, § 1; SL 1982, ch 264, § 1; SL 2013, ch 125, § 17.
S.D. Codified Laws § 34-45-4.2 — SD Code / Title 34 / Chapter 45 / Section 34-45-4.2
Prepaid wireless 911 emergency surcharge
Status: in_force

There is hereby imposed a prepaid wireless 911 emergency surcharge of two percent upon the gross receipts of each retail transaction for the purchase of prepaid wireless telecommunications service. The prepaid wireless surcharge shall be collected by the prepaid wireless service seller from the prepaid wireless service consumer during each retail transaction. For purposes of this section, the term, retail transaction, means when the purchase of a prepaid wireless telecommunications service is made in this state or has been determined to be a sale occurring in this state pursuant to § 10-45-108 . The amount of the prepaid wireless surcharge shall be separately stated on an invoice, receipt, or other similar document that is provided to the prepaid wireless service consumer by the prepaid wireless service seller. The service consumer is liable to pay the prepaid wireless surcharge imposed by this section. The prepaid wireless service seller is liable to collect and remit all prepaid wireless surcharges imposed by this section. The prepaid wireless service seller is not liable for any prepaid wireless surcharge imposed by this section if the prepaid wireless service seller is unable to collect the surcharge from the service consumer.

If the amount of the prepaid wireless surcharge that is imposed by this section is separately stated on an invoice, receipt, or other similar document provided to the prepaid wireless service consumer, the prepaid wireless surcharge may not be included in the base for measuring any other tax, fee, surcharge, or other charge that is imposed by this state or its political subdivisions. If the prepaid wireless telecommunications service is sold with one or more other products or services for a single, non-itemized price, the prepaid wireless surcharge imposed by this section shall apply to the entire non-itemized price unless the prepaid wireless service seller elects to apply the surcharge to:

(1) The amount of the prepaid wireless telecommunications service that is disclosed to the prepaid wireless service consumer as a dollar amount including the surcharge imposed by this section; or

(2) The prepaid wireless service seller identifies the portion of the price that is attributable to the prepaid wireless telecommunications service by reasonable and verifiable standards from its books and records that are kept in the regular course of business.

However, if the amount of prepaid wireless telecommunications service sold for a single, non-itemized price with one or more other products or services is denominated as ten minutes or less or as five dollars or less, the prepaid wireless service seller may elect not to collect any prepaid wireless surcharge for such retail transaction.

Source: SL 2012, ch 188, § 3.
S.D. Codified Laws § 34-45-12 — SD Code / Title 34 / Chapter 45 / Section 34-45-12
911 coordination fund--Distributions to public safety answering points
Status: in_force

There is hereby created within the state treasury the South Dakota 911 coordination fund. Any funds collected from prepaid wireless telecommunications service pursuant to § 34-45-4.2 shall be deposited in the South Dakota 911 coordination fund. Any money in the South Dakota 911 coordination fund is continuously appropriated for reimbursement of allowable nonrecurring and recurring costs of 911 service and operating expenses of the board. The board shall authorize disbursements from the fund pursuant to this chapter for the expenses of the board and for approved nonrecurring and recurring costs requested by the governing body of eligible 911 public safety answering points. The board may solicit proposals to coordinate and implement an upgrade to the 911 emergency service system of all public safety answering points. The funds may be disbursed for the purpose of planning, coordinating, purchasing, installing, maintaining, and operating, an upgrade to the 911 emergency services system. Any interest earned on money in the fund shall be credited to the fund.

Source: SL 1989, ch 303, § 12; SL 2008, ch 176, § 12; SL 2010, ch 179, § 2; SL 2012, ch 188, § 16.
S.D. Codified Laws § 34-25-39 — SD Code / Title 34 / Chapter 25 / Section 34-25-39
Completion of burial permit when no person in charge of cemetery
Status: in_force

The funeral director, or person acting as such, when burying a body in a cemetery or burial ground, having no person in charge, shall complete the burial or removal permit.

Source: SL 1931, ch 267, § 10; SDC 1939, § 27.0214; SL 1941, ch 124, § 4; SDC Supp 1960, § 27.0214 (3); SL 1972, ch 194, § 33.
S.D. Codified Laws § 34-29A-35.1 — SD Code / Title 34 / Chapter 29A / Section 34-29A-35.1
Inspection fees
Status: in_force

The owner or user of a boiler required by this chapter to be inspected by the chief inspector, or a deputy inspector, shall pay directly to the State of South Dakota through the Office of the State Fire Marshal, upon completion of the inspection, fees in accordance with the following schedule:

(1) Power boilers and high pressure, high temperature water boilers:

Certificate Inspections

Boilers of 50 sq. ft. of heating surface or less $30.00

Boilers over 50 sq. ft. of heating surface and

less than 4,000 sq. ft. of heating surface 40.00

Boilers of 4,000 sq. ft. of heating surface or more

and less than 10,000 sq. ft of heating surface 50.00

Boilers of 10,000 sq. ft. of heating surface or more 60.00

External Inspections

Boilers of 50 sq. ft. of heating surface or less 15.00

Boilers over 50 sq. ft. of heating surface 25.00

(2) Heating boilers:

Certificate Inspections

Heating boilers without a manhole 20.00

Heating boilers with a manhole 30.00

Hot water supply boilers 10.00

(3) All owners, users, or insurers of qualified boilers shall pay an annual operation certificate fee if the boiler is inspected by a state inspector or a special inspector.

Operation certificate 30.00

In addition to the operation certificate fee required in this section, and, except as provided for in §§ 34-29A-36 and 34-29A-37 , no owner, user, or insurer of a boiler which is subject to inspection by the Department of Public Safety may be required to pay more than one certificate inspection fee and one external inspection fee, per boiler, in a twelve-month period.

Source: SL 1982, ch 18, § 58; SL 1991, ch 282, § 2; SL 1996, ch 216, § 3; SL 2003, ch 272, §§ 20, 121; SL 2006, ch 184, § 1; SL 2021, ch 155, § 1.
S.D. Codified Laws § 34-12C-5 — SD Code / Title 34 / Chapter 12C / Section 34-12C-5
Petition for authority to make health care decision--Filing in circuit court--Contents--Notice--Court-ordered investigation
Status: in_force

A petition pursuant to § 34-12C-4 may be filed by the incapacitated or alleged incapacitated person, by any person who is, or who might be, authorized to make a health care decision for him pursuant to § 34-12C-3 , by a health care provider or by any other interested person. Any petition shall be filed in the circuit court where the incapacitated or alleged incapacitated person either resides or is present for purposes of receiving health care.

The petition shall state, or set forth by affidavit, medical records or other evidence attached thereto, all of the following so far as known to the petitioner:

(1) The nature of the physical or mental condition which requires treatment;

(2) The recommended course of treatment and its predictable or probable outcome;

(3) The available alternatives, if any, to the recommended course of treatment;

(4) The efforts made to obtain informed consent if the petition requests that the circuit court make a determination that an alleged incapacitated person is incapable of giving an informed consent; and

(5) Such other matters as may be necessary or appropriate for the specific relief requested.

Reasonable notice of time and place of hearing on the petition shall be given to the incapacitated or alleged incapacitated person and to any other person as the court may direct. However, the court may modify or dispense with notice and hearing if it finds that the delay may have a serious adverse effect upon the health of the incapacitated or alleged incapacitated person.

The court may appoint a guardian ad litem to make an investigation, report and recommendation as to the relief requested in the petition, or on any other matters as the court may direct.

Source: SL 1990, ch 222, § 5.
S.D. Codified Laws § 34-3-23 — SD Code / Title 34 / Chapter 3 / Section 34-3-23
Operating costs apportioned among participating counties--Population as basis for apportionment
Status: in_force

In the case of a full - time district health department the cost of operating and maintaining the department, over the estimated moneys available from surpluses, grants, and donations, shall be apportioned by the district board of health among the counties comprising the district. Apportionment shall be on the basis of population, as determined by the State Department of Health in its most recent mid - year census estimate, of each county in proportion to the total population of all counties comprising the district.

Source: SL 1953, ch 129, § 13; SDC Supp 1960, § 27.18A13; SL 1966, ch 77.
S.D. Codified Laws § 34A-12-8 — SD Code / Title 34A / Chapter 12 / Section 34A-12-8
Discharge of regulated substance prohibited--Exception
Status: in_force

The discharge of a regulated substance is prohibited. This section does not apply to discharges of regulated substances pursuant to and in compliance with the conditions of a federal or state permit.

Source: SL 1988, ch 291, § 9.
S.D. Codified Laws § 34-18-16 — SD Code / Title 34 / Chapter 18 / Section 34-18-16
Mobile food service license fee
Status: in_force

The annual license fee for a mobile food service establishment shall be thirty-eight dollars.

Source: SL 1963, ch 158, § 11; SL 1972, ch 15, § 3; SL 2009, ch 165, § 8.
S.D. Codified Laws § 34-12D-15 — SD Code / Title 34 / Chapter 12D / Section 34-12D-15
Withdrawal or withholding of treatment--Effect upon life insurance or annuity
Status: in_force

The making of a declaration pursuant to this chapter does not affect the sale, procurement, or issuance of a policy of life insurance or annuity, nor does it affect, impair, or modify the terms of an existing policy of life insurance or annuity. A policy of life insurance or annuity is not legally impaired or invalidated by the withdrawal or withholding of life - sustaining treatment from an insured, notwithstanding any term to the contrary.

Source: SL 1991, ch 273, § 14.
S.D. Codified Laws § 34A-16-24 — SD Code / Title 34A / Chapter 16 / Section 34A-16-24
Joint-powers agreements
Status: in_force

The district may enter into joint - powers agreements under the provisions of chapter 1-24 , or any other law providing for joint or cooperative action between public agencies or Indian tribes. Nothing in this chapter limits the powers of any county or municipality to create separate entities under joint - powers agreements pursuant to chapter 1-24 .

Source: SL 1993, ch 259, § 26.
S.D. Codified Laws § 34-48-8 — SD Code / Title 34 / Chapter 48 / Section 34-48-8
Ownership of and liability for assistance provided
Status: in_force

Except as provided in § 34-48-12 , any deploying public agency or covered entity providing assistance in response to a request under this chapter shall maintain ownership of and liability for all assistance provided, including:

(1) Worker's compensation coverage for personnel employed, authorized, or designated to act by or on behalf of the deploying public agency or covered entity;

(2) Insurance coverage for employees, agents, or volunteers of the deploying public agency or covered entity;

(3) Property; and

(4) Personnel benefits.

Source: SL 2006, ch 189, § 8; SL 2013, ch 164, § 4.
S.D. Codified Laws § 34-3-20 — SD Code / Title 34 / Chapter 3 / Section 34-3-20
State grants for maintenance of full-time health departments--Contributions by other agencies
Status: in_force

The State Department of Health is hereby authorized to use funds which it may receive for public health purposes from federal or other governmental agencies or from nongovernmental agencies both within or without the state for the purpose of making grants to counties or districts for the maintenance of full - time health departments. Municipalities, school boards, and other official or nonofficial agencies shall also be permitted to contribute funds toward the maintenance and operation of said departments. All activities carried out through the use of funds so contributed shall be under the direction of the full - time health officer.

Source: SL 1953, ch 129, § 12; SDC Supp 1960, § 27.18A12.
S.D. Codified Laws § 34-21-33 — SD Code / Title 34 / Chapter 21 / Section 34-21-33
Files maintained by agency
Status: in_force

The agency shall maintain a file of:

(1) All license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, revocations, and any administrative or judicial action pertaining thereto;

(2) Registrants possessing sources of ionizing radiation requiring registration under the provisions of this chapter and any administrative or judicial action pertaining thereto;

(3) All rules and regulations relating to regulation of sources of ionizing radiation, pending, or promulgated, and proceedings thereon; and

(4) All monitoring data gathered by or submitted to the agency.

Source: SDC Supp 1960, § 27.17A04 (14) as added by SL 1967, ch 107, § 2; SL 1980, ch 242, § 13.
S.D. Codified Laws § 34-27-26 — SD Code / Title 34 / Chapter 27 / Section 34-27-26
Disturbing human skeletal remains or funerary objects as felony
Status: in_force

No person unless authorized by the state archaeologist may knowingly disturb or knowingly permit disturbance of human skeletal remains or funerary objects except a law enforcement officer or coroner or other official designated by law in performance of official duties. A violation of this section is a Class 6 felony.

Source: SL 1990, ch 6, § 6.
S.D. Codified Laws § 34-18-25.3 — SD Code / Title 34 / Chapter 18 / Section 34-18-25.3
Inspection of exempt establishments and campgrounds--Scope
Status: in_force

Upon receipt of a complaint, the department may enter and inspect any lodging establishment, campground, food service establishment, mobile food service establishment, or temporary food service establishment which is exempt from the licensing or license fee provisions of this chapter pursuant to §§ 34-18-17 , 34-18-18 , and 34-18-20 to determine if there are violations of this chapter or any of the rules promulgated thereunder. Before entering an establishment, the department shall obtain the consent of the owner or obtain a court order authorizing entry for the purpose of inspection except in those instances when an emergency exists. As used in this section, the term, emergency, means any circumstance which the department has reason to believe exists, which may constitute a hazardous condition that may endanger human life or be seriously detrimental to public health. The inspection shall take place during reasonable times and shall be conducted by an authorized department inspector after presentation of identification. The scope of the inspection is limited to those areas provided for in this chapter and the rules promulgated thereunder. After an inspection is completed, the department may proceed in accordance with § 34-18-19 or 34-18-26 to cause compliance with this chapter and the rules promulgated thereunder.

Source: SL 1991, ch 275.
S.D. Codified Laws § 34-8-22 — SD Code / Title 34 / Chapter 8 / Section 34-8-22
Warrants for disbursements from hospital fund
Status: in_force

Warrants drawn by the board of county commissioners for the payment of expenses of operating and maintaining the hospital shall be upon vouchers approved and signed by the president and secretary of the board of trustees.

Source: SL 1919, ch 282; SL 1929, ch 210, § 9; SDC 1939, § 27.1905.
S.D. Codified Laws § 34A-2-1 — SD Code / Title 34A / Chapter 2 / Section 34A-2-1
Legislative findings and policy
Status: in_force

Whereas the pollution of the waters of this state constitutes a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish, and aquatic life, and impairs domestic, agricultural, industrial, recreational, and other legitimate beneficial uses of water, and whereas the problem of water pollution in this state is closely related to the problem of water pollution in adjoining states, it is hereby declared to be the public policy of this state to conserve the waters of the state and to protect, maintain, and improve the quality thereof for water supplies, for the propagation of wildlife, fish, and aquatic life, and for domestic, agricultural, industrial, recreational, and other legitimate uses; to provide that no waste be discharged into any waters of the state without first receiving the necessary treatment or other corrective action to protect the legitimate and beneficial uses of such waters; to provide for the prevention, abatement, and control of new and existing water pollution; and to cooperate with other agencies of the state, agencies of other states, and the federal government in carrying out these objectives.

Source: SL 1973, ch 280, § 1; SDCL Supp, § 46-25-23.
S.D. Codified Laws § 34A-5-54 — SD Code / Title 34A / Chapter 5 / Section 34A-5-54
Dissolution of district by directors' resolution on annexation to municipality--Notice and hearing--Appeal
Status: in_force

Notwithstanding the provisions of § 34A-5-53 , the board of trustees of an incorporated sanitary district, the entire boundaries of which have been annexed to a municipality, may by unanimously adopting a proper resolution, provide for the dissolution of the sanitary district and the disposition of all unencumbered assets and assets which may thereinafter accrue. Prior to adopting such resolution, the board shall give notice and conduct hearings as it deems necessary. Any party feeling aggrieved by the decision of the board may appeal pursuant to the provisions of § 34A-5-44 .

Source: SL 1973, ch 223, § 2; SDCL Supp, § 34-17-48.
S.D. Codified Laws § 34-10-14 — SD Code / Title 34 / Chapter 10 / Section 34-10-14
Trustees unpaid--Vacancy on board--Records of actions
Status: in_force

The trustees of the hospital district shall serve without pay. A vacancy upon the board of trustees shall be filled by appointment by the remaining members and the appointee shall serve until the next ensuing regular election for trustees. The trustees shall keep accurate minutes and records of its actions which at all reasonable times shall be open for public inspection.

Source: SL 1959, ch 135, § 11; SDC Supp 1960, § 27.19B11.
S.D. Codified Laws § 34A-6-68 — SD Code / Title 34A / Chapter 6 / Section 34A-6-68
Code required for rigid plastic bottle or rigid plastic container
Status: in_force

Beginning July 1, 1995, no person may distribute, sell, or offer for sale in this state any plastic bottle or rigid plastic container unless the product is labeled with a code indicating the plastic resin used to produce the bottle or container. Rigid plastic bottles or rigid plastic containers with labels and basecups of a different material shall be coded by their basic material. The code shall consist of a number placed within the universal recycling symbol and letters placed below the symbol. The number used shall be as follows:

(1) 1.-PETE (polyethylene terephthalate);

(2) 2.-HDPE (high density polyethylene);

(3) 3.-V (vinyl);

(4) 4.-LDPE (low density polyethylene);

(5) 5.-PP (polypropylene);

(6) 6.-PS (polystyrene);

(7) 7.-OTHER (includes multi-layer).

The Department of Agriculture and Natural Resources shall maintain a list of the label codes provided in this section and shall provide a copy of that list to any person upon request.

Source: SL 1992, ch 254, § 31; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; 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 § 34-20D-9 — SD Code / Title 34 / Chapter 20D / Section 34-20D-9
Immunity from civil liability for good faith release of information to law enforcement
Status: in_force

Any retailer who in good faith releases information governed by this chapter to a law enforcement agency for a law enforcement purpose is immune from civil liability for such release unless the release constitutes gross negligence or intentional, wanton, or willful misconduct.

Source: SL 2006, ch 181, § 7.
S.D. Codified Laws § 34-55-2 — SD Code / Title 34 / Chapter 55 / Section 34-55-2
Grant--Oversight--Purposes
Status: in_force

All moneys for the heroes wellness grant shall be used and expended under the direction of the attorney general. The attorney general shall provide grants to eligible applicants for the purpose of creating, establishing, and developing first responder peer support programs and first responder critical incident stress management programs within the state. Grants shall be provided for training programs that are, or are similar to those, developed by the International Critical Incident Stress Foundation, Inc. First responders, whether volunteer or professional, include any member of a:

(1) Law enforcement organization;

(2) Fire suppression organization;

(3) Emergency medical service, including emergency medical technicians and paramedics; and

(4) An organization providing emergency dispatch services to any organization listed in this section.

Source: SL 2021, ch 160, § 2, eff. Mar. 25, 2021.
S.D. Codified Laws § 34-21-41 — SD Code / Title 34 / Chapter 21 / Section 34-21-41
Appeal from agency order or determination
Status: in_force

An appeal may be taken from any final order or final determination of the agency as provided by chapter 1-26 .

Source: SL 1967, ch 107, § 5 (d); SL 1972, ch 15, § 4.
S.D. Codified Laws § 34A-16-49 — SD Code / Title 34A / Chapter 16 / Section 34A-16-49
Legislative findings
Status: in_force

The Legislature hereby finds that:

(1) The high and increasing cost of owning, operating, and closure of solid waste facilities, and the financing thereof, and the increasing federal and other regulatory requirements pertaining to such solid waste facilities, has created an urgent demand for action by counties, municipalities, and others in this state;

(2) Such urgent demands, together with high and increasing costs and regulatory requirements, may result in the inability of various counties and municipalities to respond in a timely manner and thereby endanger the health and safety of the citizens of this state;

(3) Such high and increasing costs require new methods for the financing of solid waste management facilities;

(4) It is, accordingly, in furtherance of the interest and welfare of all citizens of South Dakota that regional recycling and waste management districts be permitted to be formed by counties and municipalities of this state in a timely manner for the purpose of financing solid waste management facilities and closing existing facilities and, to this end, it is intended that this chapter be liberally construed to accomplish these purposes;

(5) There is an immediate need to protect the public peace, health, and safety of the state by authorizing the formation of regional recycling and waste management districts to respond to such urgent demands, high and increasing costs and regulatory requirements imposed by the federal government in connection with such matters, and in order to protect municipalities and counties, and their residents, from the financial burdens of such regulations and the potential health consequences which may result if adequate and modern solid waste management facilities are not constructed, operated, and maintained; and

(6) That the foregoing urgent demand, high and increasing costs and regulatory requirements pose an immediate threat to the existing public institutions of this state and to the public health and safety of this state and its people.

Source: SL 1993, ch 259, § 50.
S.D. Codified Laws § 34-21-9 — SD Code / Title 34 / Chapter 21 / Section 34-21-9
Consultation and cooperation with federal, public and other agencies
Status: in_force

The agency shall advise, consult, and cooperate with other agencies of the state, the federal government, other states and interstate agencies, and with affected groups, political subdivisions, and industries in furtherance of the purposes of this chapter and to avoid duplication of effort.

Source: SL 1957, ch 122, § 4; SDC Supp 1960, § 27.17A04 (2); SL 1967, ch 107, § 2; SL 1980, ch 242, § 5.
S.D. Codified Laws § 34-23-16 — SD Code / Title 34 / Chapter 23 / Section 34-23-16
Minor's consent to treatment by physician valid--Prophylactic treatment--Disaffirmance prohibited
Status: in_force

Any licensed physician, upon consultation by any minor as a patient, may, with the consent of such person who is hereby granted the right of giving such consent, make a diagnostic examination for venereal disease and prescribe for and treat such person for venereal disease including prophylactic treatment for exposure to venereal disease whenever such person is suspected of having a venereal disease or contact with anyone having a venereal disease. Any such consent shall not be subject to later disaffirmance by reason of minority.

Source: SL 1971, ch 210, § 1.
S.D. Codified Laws § 34-35-15 — SD Code / Title 34 / Chapter 35 / Section 34-35-15
Black Hills Forest Fire Protection District--Area included
Status: in_force

To protect the timber on areas subject to unusual fire dangers, there is hereby created the Black Hills Forest Fire Protection District, consisting of all that part of the state described by metes and bounds as follows: Commencing at a point on the Wyoming-South Dakota state line at the junction of Interstate Highway 90 at the state line; thence east and southeast along Interstate Highway 90 via Rapid City to the intersection of U.S. Highway 16B; thence south and southwest along U.S. Highway 16B to the intersection of State Highway 79; thence south along State Highway 79 to the intersection of U.S. Highway 18; thence south along U.S. Highway 18 to the Cheyenne River; thence west and northwest along the Cheyenne River to the Wyoming-South Dakota state line; thence north along said state line to the place of beginning. The Black Hills Forest Fire Protection District does not include any area within the limits of any municipality.

Source: SDC Supp 1960, § 25.1304 as enacted by SL 1966, ch 73, § 2; SL 1992, ch 60, § 2; SL 1995, ch 199; SL 2007, ch 198, § 1.
S.D. Codified Laws § 34-4-5 — SD Code / Title 34 / Chapter 4 / Section 34-4-5
Employment of nursing personnel by county commissioners
Status: in_force

The board of county commissioners of any county may at any time when in their judgment and discretion the public health and interests of such county will be benefited thereby, employ nursing personnel as defined in chapter 36-9 .

Source: SL 1919, ch 149, § 4; SDC 1939, § 27.2004; SL 1978, ch 245, § 2.
S.D. Codified Laws § 34-21-51 — SD Code / Title 34 / Chapter 21 / Section 34-21-51
Investigation objectives
Status: in_force

The investigation required in § 34-21-50 shall ascertain whether the applicant or any subsidiary, parent company, officer, or member of the applicant's board of directors has, during the previous ten years:

(1) Been convicted of or pled guilty to any violation of federal or state law pertaining to the transportation, storage, treatment, or disposal of low - level radioactive waste or hazardous waste; or

(2) Violated the conditions of any permit granted by a state or federal agency for the transportation, storage, treatment, or disposal of low - level radioactive waste or hazardous waste.

The investigation shall also ascertain to the extent reasonably possible whether the applicant or any subsidiary, parent company, officer, or member of the applicant's board of directors has demonstrated its inability to safely provide for the transportation, storage, treatment, or disposal of low - level radioactive waste or hazardous waste.

Source: SL 1990, ch 272, §§ 2, 2A.
S.D. Codified Laws § 34-45-8.7 — SD Code / Title 34 / Chapter 45 / Section 34-45-8.7
Public safety 911 emergency fund--Distributions to compliant public safety answering points and 911 coordination fund
Status: in_force

There is hereby created within the state treasury the public safety 911 emergency fund. Any money in the public safety 911 emergency fund is continuously appropriated for distribution as provided in this section. A public safety answering point is eligible to receive a distribution from the public safety 911 emergency fund if the public safety answering point is in compliance with the standards for operation and utilization of public safety answering points as determined by the board and either serves a population of more than thirty thousand or covers an area that includes three or more counties. The board shall notify each public safety answering point when the list of public safety answering points eligible for funding pursuant to this section changes. The Department of Public Safety shall:

(1) Distribute twenty-six percent of the money deposited in the fund based on the ratio of the population of each eligible public safety answering point to the population of all the eligible public safety answering points; and

(2) Transfer seventy-four percent of the money deposited in the fund to the South Dakota 911 coordination fund.

The Department of Public Safety shall base the allocation of money for population on the most recent decennial census of the United States Department of Commerce, Bureau of the Census and the population estimate published by the United States Census Bureau for each year ending in five. The Department of Public Safety shall make distributions from the public safety 911 emergency fund each quarter. The secretary of the Department of Public Safety shall approve vouchers and the state auditor shall draw warrants to pay each public safety answering point its share of the distribution.

Source: SL 2018, ch 208, § 3.
S.D. Codified Laws § 34A-11-1 — SD Code / Title 34A / Chapter 11 / Section 34A-11-1
Public policy
Status: in_force

It is the public policy of this state to regulate the control and generation, transportation, treatment, storage, and disposal of hazardous wastes to protect the public health, safety, and welfare, protect the environment, prevent pollution of air, water, soil, and other natural resources of this state, and prevent the creation of nuisances. It is the purpose of this chapter to enhance this public policy through a comprehensive regulatory program of hazardous waste management and to facilitate cooperation and coordination in that effort with federal, state, and local agencies.

Source: SL 1983, ch 262, § 1; SL 1984, ch 243, § 8; SL 1987, ch 260, § 1.
S.D. Codified Laws § 34-36-5 — SD Code / Title 34 / Chapter 36 / Section 34-36-5
Orders requiring compliance with statutes and rules
Status: in_force

If the State Fire Marshal finds by inspection that any statute or rule has been violated, or defects of installation exist, it shall issue an order in writing requiring immediate and full compliance with the provisions of the state law and the rules adopted pursuant thereto.

Source: SL 1969, ch 229, § 3; SL 1991, ch 285, § 3; SL 2004, ch 17, § 223.
S.D. Codified Laws § 34A-7-9 — SD Code / Title 34A / Chapter 7 / Section 34A-7-9
Accumulation of litter on property prohibited--Violation as misdemeanor
Status: in_force

No person may allow litter to accumulate upon real property, of which the person charged is the owner or tenant in control, in such a manner as to constitute a public nuisance or in such a manner that the litter may be blown or otherwise carried by the natural elements onto the real property of another person. A violation of this section is a Class 2 misdemeanor.

Source: SL 1974, ch 242, § 5; SDCL Supp, § 34-16C-13; SL 1992, ch 158, § 46; SL 2011, ch 165, § 129.
S.D. Codified Laws § 34-20E-5 — SD Code / Title 34 / Chapter 20E / Section 34-20E-5
Confidentiality of information
Status: in_force

Information submitted to the central repository is confidential and may not be disclosed except as provided in § 34-20E-7 .

Source: SL 2010, ch 175, § 5.
S.D. Codified Laws § 34A-1-53 — SD Code / Title 34A / Chapter 1 / Section 34A-1-53
Voluntary compliance effort not precluded
Status: in_force

Nothing in this chapter prevents the department from making efforts to obtain voluntary compliance through warning, conference, or any other appropriate means.

Source: SL 1970, ch 203, § 10; SDCL Supp, § 34-16A-61; SL 2011, ch 165, § 30.
S.D. Codified Laws § 34-8-11 — SD Code / Title 34 / Chapter 8 / Section 34-8-11
County hospital as public hospital--Charges paid from county general fund--Collection of accounts
Status: in_force

Every county hospital established and maintained under the provisions of this chapter shall be kept and maintained as a public, county hospital. It may charge a reasonable price for the use of such hospital and its facilities to such persons being residents of the county as may be determined by the board of county commissioners to be county charges without means and in that event the cost of such services at such hospital shall be paid to the hospital fund from the general fund on behalf of such county charges. It may also collect accounts which are due and it may employ collection agencies or attorneys on a contingent fee basis or may assign the claim for collection.

Source: SL 1919, ch 282; SL 1929, ch 210, § 10; SDC 1939, § 27.1906; SL 1949, ch 108, § 1; SL 1957, ch 120; SL 1965, ch 129; SL 1983, ch 254; SL 1985, ch 77, § 17.
S.D. Codified Laws § 34-12D-6 — SD Code / Title 34 / Chapter 12D / Section 34-12D-6
Decisions regarding life-sustaining treatment--Rights of qualified patient
Status: in_force

A qualified patient may make decisions regarding life - sustaining treatment so long as the patient is able to do so.

Source: SL 1991, ch 273, § 8.
S.D. Codified Laws § 34-1-20 — SD Code / Title 34 / Chapter 1 / Section 34-1-20
Right to choose own physician unimpaired by public health programs--Insurance for public employees--Misdemeanor
Status: in_force

Hereafter all funds appropriated by the State of South Dakota or otherwise established by the state, or from any other source whatever as a public fund, to be distributed or allotted for any public health program, financed in whole or in part by such public funds or administered or supervised by any public agency controlled by the state or any county, municipality, school district, or other political subdivision, or any corporation or association organized under the laws of the state for the administration of such funds, shall when administered or distributed in payment of services rendered by physicians or licensed chiropractors or optometrists under the provisions of such public health program be so administered or distributed that there shall be no restrictions in the right of any client, officer, employee, or citizen to select any regularly licensed physician, chiropractor, or optometrist of his choice for the performance of services under such program, provided that this section shall in no way affect the provisions of § 34-1-21 , relating to the powers and duties of the Department of Health relating to the services for crippled children. This section applies to the purchase of any insurance and any contracts entered into after the effective date of this section with health maintenance organizations, preferred provider organizations and individual practice associations by the State of South Dakota, counties, school districts, and municipalities for health care programs or insurance for public officials or employees. Any violation of this section is a Class 1 misdemeanor.

Source: SL 1939, ch 106, §§ 1, 2; SDC Supp 1960, §§ 27.0116, 27.9942; SL 1977, ch 190, § 5; SL 1988, ch 273.
S.D. Codified Laws § 34A-1-12 — SD Code / Title 34A / Chapter 1 / Section 34A-1-12
Records and reports required on air contaminant sources--Monitoring and sampling methods--Other information--Violation
Status: in_force

The department or board may require the owner or operator of any air contaminant source to establish and maintain such records; make such reports; install, use, and maintain such monitoring equipment or methods; sample such emissions in accordance with such methods, at such locations, intervals, and procedures as the department or board shall prescribe; and provide such other information relative to compliance with this chapter and rules and regulations in force pursuant thereto as the department or board may require, including the location, size of and height of contaminant outlets, processes employed, fuels used and the nature and time periods or duration of emissions. Any violator of this section is subject to § 34A-1-39 .

Source: SL 1970, ch 203, § 6; SDCL Supp, § 34-16A-19; SL 1973, ch 222, § 4; SL 1992, ch 158, § 7.
S.D. Codified Laws § 34-20G-85 — SD Code / Title 34 / Chapter 20G / Section 34-20G-85
Judicial review of revocation
Status: in_force

Revocation under § 34-20G-80 , 34-20G-83 , or 34-20G-84 is a final decision of the department subject to judicial review.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 127, § 2.
S.D. Codified Laws § 34-12-8.1 — SD Code / Title 34 / Chapter 12 / Section 34-12-8.1
Probationary licenses--Circumstances under which issued--Issuance of regular license after inspection--Certain new admissions prohibited during probation
Status: in_force

The State Department of Health may issue a probationary license if a licensee under this chapter fails to comply with the provisions of this chapter and if a hearing is pending on licensure suspension or revocation as provided in § 34-12-19 . Upon issuance of a probationary license and prior to a suspension or revocation proceeding, the licensee may request an inspection by the department. If the department inspects the facility and if the facility meets the provisions of this chapter, the department shall issue a regular license under § 34-12-7 . A nursing facility or assisted living center which has been issued a probationary license is prohibited from accepting new admissions during the period of probationary licensure.

Source: SL 1986, ch 278, § 13; SL 1991, ch 272, § 2.
S.D. Codified Laws § 34-20B-59 — SD Code / Title 34 / Chapter 20B / Section 34-20B-59
Use of county and municipal funds to make illegal purchases
Status: in_force

Funds established pursuant to § 34-20B-58 may be expended confidentially for the purpose of making purchases and acquisitions of drugs and substances which are illegal under this chapter, when such purchases are necessary to obtaining convictions under this chapter.

Source: SL 1970, ch 229, § 13 (a); SDCL Supp, § 39-17-120.
S.D. Codified Laws § 34A-5-29 — SD Code / Title 34A / Chapter 5 / Section 34A-5-29
Ordinances, resolutions, orders and regulations for district
Status: in_force

The board of trustees may pass and implement all necessary ordinances, resolutions, orders, and regulations for the proper management and conduct of the business of the sanitary district.

Source: SL 1947, ch 226, § 15; SL 1953, ch 268; SDC Supp 1960, § 45.3815 (6); SL 1964, ch 144, § 7; SDCL, § 34-17-25; SL 1993, ch 256, § 26.
S.D. Codified Laws § 34-20B-60 — SD Code / Title 34 / Chapter 20B / Section 34-20B-60
Use of county and municipal funds to employ special agents
Status: in_force

Funds established pursuant to § 34-20B-58 may further be expended confidentially to employ special agents, pay their salaries and expenses, for the purpose of providing undercover assistance to local law enforcement officials in gathering evidence of violations of this chapter, making arrests thereunder, and obtaining convictions.

Source: SL 1970, ch 229, § 13 (b); SDCL Supp, § 39-17-121.
S.D. Codified Laws § 34A-6-1.31 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.31
Operation of facility without or in violation of permit--Penalties--Civil penalty
Status: in_force

Any person who knowingly and intentionally operates a solid waste facility without a permit is guilty of a Class 5 felony. Any person who knowingly and intentionally violates a permit term or condition or who intentionally makes any false statement or representation in any application, record, report, permit, or other document filed, maintained, or used for ensuring compliance with §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, is guilty of a Class 1 misdemeanor. The violator 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, or both. An action for the recovery of a civil penalty or compensatory damages shall, upon demand, be tried by a jury.

Source: SL 1989, ch 306, § 31; SL 1992, ch 158, § 41; SL 1992, ch 254, § 50P.
S.D. Codified Laws § 34A-10-8 — SD Code / Title 34A / Chapter 10 / Section 34A-10-8
Detrimental conduct prohibited when reasonable alternative available
Status: in_force

In any administrative, licensing, or other proceedings, as described in § 34A-10-2 , and in any judicial review of the proceedings, any alleged pollution, impairment, or destruction of the air, water, or other natural resources or the public trust in the resources shall be determined. No conduct may be authorized or approved which does, or is likely to pollute, impair, or destroy the air, water, or other natural resources or the public trust in the resources, if there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety, and welfare.

Source: SL 1973, ch 144, § 6 (2); SDCL Supp, § 21-10A-8; SL 2011, ch 165, § 144.
S.D. Codified Laws § 34-12-15.7 — SD Code / Title 34 / Chapter 12 / Section 34-12-15.7
Records of residents' funds available for audit
Status: in_force

Records which are maintained pursuant to §§ 34-12-15.1 to 34-12-15.10 , inclusive, to account for residents' funds and valuables, shall be made available to a public audit of the home or other facility, which is required to keep and maintain the same.

Source: SL 1977, ch 279, § 7.
S.D. Codified Laws § 34-21-48 — SD Code / Title 34 / Chapter 21 / Section 34-21-48
Time for notice
Status: in_force

The notice required in § 34-21-47 shall be delivered, in writing, at least seventy - two hours before the transporting occurs.

Source: SL 1980, ch 243, § 2.
S.D. Codified Laws § 34-11A-26 — SD Code / Title 34 / Chapter 11A / Section 34-11A-26
Claim vouchers
Status: in_force

Such claim voucher shall be authorized by the board of directors and shall bear the signature of the treasurer and the countersignature of the president of such district.

Source: SL 1982, ch 259, § 28.
S.D. Codified Laws § 34-23A-43 — SD Code / Title 34 / Chapter 23A / Section 34-23A-43
Department to ensure compliance--Inspection
Status: in_force

The department shall ensure compliance with §§ 34-23A-34 to 34-23A-45 , inclusive, and shall verify the data provided by periodic inspection of places where induced abortions are performed.

Source: SL 1998, ch 209, § 10.
S.D. Codified Laws § 34-37-13.1 — SD Code / Title 34 / Chapter 37 / Section 34-37-13.1
Permit for use of consumer fireworks at event--Purchase and use requirements--Violation as misdemeanor
Status: in_force

Nothing in this chapter prohibits the use of consumer fireworks at a public or private event. A person using consumer fireworks at a public or private event outside the periods permitted by § 34-37-16.1 shall obtain a permit from the governing body of the municipality, township, or county where the consumer fireworks are to be used. Consumer fireworks may only be purchased from a retailer licensee or wholesaler licensee. Use of consumer fireworks at a public or private event shall comply with the National Fire Protection Association Standard 1124, 2006 edition. A violation of this section is a Class 1 misdemeanor.

Source: SL 2019, ch 154, § 18, eff. Mar. 20, 2019.
S.D. Codified Laws § 34A-8-7 — SD Code / Title 34A / Chapter 8 / Section 34A-8-7
Programs and agreements for management of endangered species--Prairie dog control on private lands
Status: in_force

The secretary of agriculture and natural resources and the secretary of game, fish and parks shall establish programs, with legislative approval and may enter into cooperative agreements with federal and state agencies or with private persons as deemed necessary for the management of nongame, endangered, or threatened species. The secretaries shall establish and conduct control programs at state expense on private lands that are encroached upon by prairie dogs from contiguous public lands.

Source: SL 1977, ch 335, § 4; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-13-42 — SD Code / Title 34A / Chapter 13 / Section 34A-13-42
Rules for amount, terms, and period of third-party reimbursement
Status: in_force

Prior to providing third - party reimbursement, the department may promulgate rules pursuant to chapter 1-26 which state the amount of reimbursement, the terms and conditions of reimbursement, the period of reimbursement, and the tanks or occurrence covered by reimbursement.

Source: SL 1990, ch 292, § 13; SL 1991, ch 294, § 22; SL 2024, ch 146, § 21.
S.D. Codified Laws § 34-43-1 — SD Code / Title 34 / Chapter 43 / Section 34-43-1
Definition of inspection warrant
Status: in_force

An inspection warrant is a written order in the name of a county or municipality signed by a magistrate judge or circuit court judge, directed to a county or municipal official, commanding him to conduct any inspection required or authorized by state or local law or regulation relating to building, housing, fire, safety, plumbing, electrical, health, or zoning.

Source: SL 1986, ch 290, § 1.
S.D. Codified Laws § 34-20C-8 — SD Code / Title 34 / Chapter 20C / Section 34-20C-8
Conditions giving rise to cause of action
Status: in_force

Any user may bring an action for damages caused by the use of an illegal drug only if all of the following conditions are met:

(1) The user personally discloses to narcotics enforcement authorities, more than six months before filing the action, all of the information known to the user regarding all of that user's sources of illegal drugs;

(2) The user has not used an illegal drug within the six months before filing the action; and

(3) The user continues to remain free of the use of an illegal drug throughout the pendency of the action.

Source: SL 1997, ch 203, § 9.
S.D. Codified Laws § 34-18-35 — SD Code / Title 34 / Chapter 18 / Section 34-18-35
Sale of homemade foods and food products
Status: in_force

Except as otherwise provided in § 34-18-38 , the licensure provisions of this chapter do not apply to a person selling:

(1) Non-temperature-controlled food prepared at a residence;

(2) Home-processed canned goods;

(3) Baked goods prepared at a residence; or

(4) Any food product prepared at a residence and authorized under § 34-18-36 or 34-18-36 .1.

Source: SL 2010, ch 172, § 2; SL 2022, ch 106, § 1.
S.D. Codified Laws § 34-20D-7 — SD Code / Title 34 / Chapter 20D / Section 34-20D-7
County or municipality prohibited from establishing higher requirements or penalties
Status: in_force

No county or municipality may establish requirements or establish a penalty that is higher or more stringent than the requirements or penalties established by this chapter.

Source: SL 2005, ch 178, § 7.
S.D. Codified Laws § 34A-16-33 — SD Code / Title 34A / Chapter 16 / Section 34A-16-33
Obtaining designation authority
Status: in_force

A regional recycling and waste management district may obtain designation authority if:

(1) Designation authority has been included in the district's articles of incorporation;

(2) The district has prepared a comprehensive solid waste management plan and designation plan as provided in § 34A-16-35 ;

(3) The district's designation plan has been approved by the reviewing authority pursuant to § 34A-16-38 ; and

(4) The district has adopted a designation ordinance as provided in §§ 34A-16-40 to 34A-16-44 , inclusive.

Source: SL 1993, ch 259, § 35.
S.D. Codified Laws § 34-49-21 — SD Code / Title 34 / Chapter 49 / Section 34-49-21
Preemption of local laws, ordinances, and regulations
Status: in_force

This chapter preempts any local law, ordinance, or regulation that conflicts with any provision of this chapter or any policy of the state implemented in accordance with this chapter and, notwithstanding any other provision of law, a governmental unit of this state may not enact or enforce an ordinance, local law, or regulation conflicting with or preempted by this chapter.

Source: SL 2009, ch 172, § 21, eff. Jan. 1, 2011.
S.D. Codified Laws § 34A-5-24 — SD Code / Title 34A / Chapter 5 / Section 34A-5-24
Policies and regulations for business of board--Time of meetings--Quorum
Status: in_force

The board of trustees shall adopt policies and regulations for the conduct of its business and shall fix a stated time at which the regular meetings of the board shall be held. A majority of the board of trustees constitutes a quorum but a smaller number may adjourn from day to day. A concurrence of the majority is necessary to any action of the board.

Source: SL 1947, ch 226, § 16; SDC Supp 1960, § 45.3816; SDCL, § 34-17-20; SL 1993, ch 256, § 24.
S.D. Codified Laws § 34-46-5 — SD Code / Title 34 / Chapter 46 / Section 34-46-5
Violation as misdemeanor--Complete defense
Status: in_force

A violation of § 34-46-2 is a Class 2 misdemeanor. A person is not liable for more than one violation of subdivision 34-46-2 (4) on a single day. Reasonable reliance upon proof of age of the purchaser or the recipient of a tobacco product is a complete defense to any action brought against a person for the sale or distribution of a tobacco product to a person under the age of twenty-one.

Source: SL 1994, ch 280, § 5; SL 1999, ch 178, § 1; SL 2020, ch 148, § 4.
S.D. Codified Laws § 34A-6-107 — SD Code / Title 34A / Chapter 6 / Section 34A-6-107
Purchase of certain beer kegs by recycler, scrap metal dealer, or scrap yard operator prohibited--Violation as misdemeanor
Status: in_force

No recycler, scrap metal dealer, or scrap yard operator may purchase any metal beer keg, whether damaged or undamaged, except from the brewer or its authorized representative, if:

(1) The keg is clearly marked as the property of a brewery manufacturer; or

(2) The keg's identification markings have been made illegible.

A violation of this section is a Class 2 misdemeanor.

Source: SL 2008, ch 178, § 1.
S.D. Codified Laws § 34-23A-12 — SD Code / Title 34 / Chapter 23A / Section 34-23A-12
No liability for refusal to perform abortion
Status: in_force

No physician, nurse, or other person who refuses to perform or assist in the performance of an abortion shall be liable to any person for damages arising from that refusal.

Source: SL 1973, ch 146, § 7.
S.D. Codified Laws § 34-29A-39 — SD Code / Title 34 / Chapter 29A / Section 34-29A-39
Certificate issued on special inspector's report
Status: in_force

If the report filed pursuant to § 34-29A-38 shows that a boiler is found to comply with the rules and regulations of the Department of Public Safety, the chief inspector or his duly authorized representative, shall issue to such owner or user an operation certificate bearing the date of inspection and specifying the maximum pressure under which the boiler may be operated.

Source: SL 1973, ch 229, § 15; SL 1978, ch 257, § 4; SL 1982, ch 18, § 62; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-18-26.1 — SD Code / Title 34 / Chapter 18 / Section 34-18-26.1
Follow-up inspection--Fee
Status: in_force

The department shall conduct a follow - up inspection of a lodging establishment, campground, food service establishment, or mobile food service to ascertain compliance with a sixty - day notice issued pursuant to § 34-18-26 . When the department conducts an inspection pursuant to this section, the owner shall promptly remit, but not later than thirty days after the follow - up inspection, a fifty dollar inspection fee to the department.

The inspection fee provisions of §§ 34-18-26.1 and 34-18-27.1 do not apply to nonprofit organizations.

Source: SL 1991, ch 276, §§ 1, 3.
S.D. Codified Laws § 34-11-12 — SD Code / Title 34 / Chapter 11 / Section 34-11-12
Minimum personnel on ambulance run
Status: in_force

Each ambulance run must include:

(1) One:

(a) Emergency medical technician, licensed pursuant to chapter 36-4B ;

(b) Advanced life support personnel, licensed pursuant to chapter 36-4B ; or

(c) Licensed practical nurse or registered nurse, authorized by § 34-11-19 ; and

(2) One ambulance operator who meets the requirements of § 34-11-12.3 .

Source: SL 2016, ch 170, § 1; SL 2024, ch 126, § 15; SL 2025, ch 128, § 3; SL 2026, ch 136, § 3; SL 2026, ch 143, § 2.
S.D. Codified Laws § 34-16-2 — SD Code / Title 34 / Chapter 16 / Section 34-16-2
Release of disease germs as felony
Status: in_force

Any person who releases or spreads any disease germs intending thereby to accomplish the infection of one or more persons or domestic animals is guilty of a Class 2 felony.

Source: SL 1923, ch 160; SDC 1939, § 13.1504; SL 1977, ch 190, § 28; SL 2006, ch 130, § 14.
S.D. Codified Laws § 34-20B-3 — SD Code / Title 34 / Chapter 20B / Section 34-20B-3
Controlled drug or substance defined
Status: in_force

For the purposes of this chapter, unless the context otherwise requires, "controlled drug or substance" means a drug, substance, or immediate precursor in Schedules I through IV of §§ 34-20B-11 to 34-20B-26 , inclusive.

Source: SL 1970, ch 229, § 6 (e); SDL Supp, § 39-17-46; SL 1976, ch 158, § 42-10 .
S.D. Codified Laws § 34A-3A-13 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-13
Notice by secretary on failure of supplier
Status: in_force

Notice to the public required by this chapter may be given by the secretary on behalf of the supplier of water if the supplier of water fails to comply with the public notification requirements of this chapter.

Source: SL 1983, ch 260, § 13.
S.D. Codified Laws § 34-31A-6 — SD Code / Title 34 / Chapter 31A / Section 34-31A-6
Auditor's action where two or more counties included--Time and place of joint hearing
Status: in_force

If the proposed district shall be situated within two or more counties, the county auditor of the county wherein the largest area is contained, shall confer with the auditor or auditors of the other counties concerned, and shall obtain a certificate as to the adequacy of the petitions or resolution pertaining to said county or counties, and thereafter he shall designate a time and place for hearing before a joint meeting of the boards of county commissioners of all counties in which the proposed district is to be situated and shall give notice thereof by publication in a manner provided in § 34-31A-7 .

Source: SL 1971, ch 208, § 2; SL 1973, ch 226, § 5.
S.D. Codified Laws § 34A-2-93 — SD Code / Title 34A / Chapter 2 / Section 34A-2-93
Promulgation of rules by board
Status: in_force

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

(1) To establish surface and ground water quality standards;

(2) To establish design and installation requirements for on-site wastewater systems;

(3) To establish criteria for water pollution control facilities, to include facilities constructed for the protection and monitoring of groundwater;

(4) To establish the present and future beneficial uses of all waters under this chapter;

(5) To establish procedures for granting variances from water quality standards;

(6) To establish procedures for conducting inspections;

(7) To establish contested case procedures;

(8) To establish secondary treatment standards for wastewater facilities;

(9) To establish standards for surface water discharge permits;

(10) To establish pretreatment standards and requirements for local pretreatment programs;

(11) To establish standards for aboveground and underground storage tanks;

(12) To establish financial responsibility requirements for owners of underground and aboveground storage tanks;

(13) To establish standards for the remediation and cleanup of contaminated soils. The standards relating to cleanup of petroleum contamination must be based upon risk to human health and safety, as determined by the board. The board may adopt standards relating to cleanup of contamination, consistent with the American Society for Testing and Materials Standard E1739-95R15, Standard Guide for Risk-Based Corrective Action Applied at Petroleum Release Sites, as in effect on January 1, 2024, or other generally accepted risk-based cleanup methods;

(14) To establish standards for bulk chemical storage facilities;

(15) To establish requirements for underground injection control;

(16) To establish a groundwater discharge permit program;

(17) To establish a delegated national pollutant discharge elimination system program, as provided for under 40 C.F.R. Part 123 (January 1, 2024) and wastewater pretreatment program, as provided for under 40 C.F.R. Part 403 (January 1, 2024);

(18) To establish a priority listing for projects funded under the construction grant program; and

(19) To establish requirements for approval of plans for water pollution control facilities and water supply systems.

The board shall hold any hearings necessary for the proper administration of this chapter and initiate any action in court for the enforcement of this chapter.

Source: SL 1971, ch 209, § 5; SDCL Supp, § 46-25-22; SL 1973, ch 280, § 4 (8) to (10); SL 1973, ch 281, § 4; SDCL Supp, § 46-25-107; SL 1993, ch 256, § 22; SL 1995, ch 204, § 1; SL 2011, ch 165, § 57; SL 2024, ch 145, § 1.
S.D. Codified Laws § 34-12D-9 — SD Code / Title 34 / Chapter 12D / Section 34-12D-9
Providing for patient's comfort and related needs--Responsibility of health care provider
Status: in_force

This chapter does not affect the responsibility of any health care provider to provide treatment when necessary to alleviate pain or to provide for the patient's comfort, hygiene, or human dignity.

Source: SL 1991, ch 273, § 9; SL 2007, ch 193, § 5.
S.D. Codified Laws § 34A-3-5 — SD Code / Title 34A / Chapter 3 / Section 34A-3-5
Board of Certification created--Functions--Composition of board
Status: in_force

There is hereby created a Board of Certification to advise and assist the secretary of agriculture and natural resources in the administration of the program of certification. The board shall consist of six members appointed by the secretary of the Department of Agriculture and Natural Resources as follows:

(1) Four shall be employed as environment and wastewater works operators and shall hold valid certificates provided for in this chapter.

(2) One shall be an employee of a municipality which is required to employ a certified operator and shall hold the position of city manager, city engineer, director of public works, or an equivalent position.

(3) One shall be a faculty member of a college, university, or professional school operated within this state, and whose major field is related to sanitary engineering.

Source: SL 1970, ch 217, § 6; SDCL Supp, § 36-22A-5; SL 1974, ch 3, § 26; SL 1977, ch 280, § 36; SL 1986, ch 295, § 16; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-47-3 — SD Code / Title 34 / Chapter 47 / Section 34-47-3
Rights and responsibilities of emergency services district--Levying taxes
Status: in_force

An emergency services district shall have all of the rights and responsibilities of a rural fire protection district and an ambulance district as found in chapters 34-31A and 34-11A . An emergency services district may levy the taxes permitted to both a rural fire protection district and an ambulance district, but shall segregate the funding of and accounting for fire protection from ambulance services so that the tax levy permitted under chapter 34-31A provides funding for only fire protection and the tax levy permitted under chapter 34-11A provides funding for only ambulance services.

Source: SL 1995, ch 202, § 3.
S.D. Codified Laws § 34-29A-32 — SD Code / Title 34 / Chapter 29A / Section 34-29A-32
Variations in inspection requirements for operating equipment
Status: in_force

Based upon documentation of actual service conditions by the owner or user of the operating equipment, the chief inspector in his discretion, may permit variations in the inspection requirements for operating equipment.

Source: SL 1973, ch 229, § 14.
S.D. Codified Laws § 34-20B-36 — SD Code / Title 34 / Chapter 20B / Section 34-20B-36
Authorized Schedule I and II substances to be specified in manufacturer's or distributor's registration
Status: in_force

Registration granted under § 34-20B-29 shall not entitle a registrant to manufacture and distribute controlled drugs and substances in Schedules I and II other than those specified in the registration.

Source: SL 1970, ch 229, § 9 (g); SDCL Supp, § 39-17-79.
S.D. Codified Laws § 34A-1-14 — SD Code / Title 34A / Chapter 1 / Section 34A-1-14
Records and information available to public--Exception to protect trade secrets--Authorized use--Violation as misdemeanor
Status: in_force

Any records, reports, or information obtained by the department or board from owners or operators of an air contaminant source or sources shall be available to the public, except that upon a showing satisfactory to the board by the owners or operators of an air contaminant source that the records, reports, or information obtained by the department or board regarding processes or production technique are sufficiently unique to affect adversely the competitive position of the owner or operator by revealing trade secrets, the department and board shall consider the record, report, or information or particular portion thereof confidential in the administration of this chapter. Nothing in this section prevents the disclosure of otherwise confidential records or information by the department or board, or any department, agency, or officer of state government if necessary for the prosecution of violations of the chapter or rules promulgated pursuant to this chapter. Nothing in this section prevents the use of such records or information by the department, or any department, agency, or officer of the state government in compiling or publishing analyses or summaries relating to the general condition of the outdoor atmosphere if the analyses or summaries do not identify, directly or indirectly, any owner or operator or reveal any information otherwise confidential under this section. Notwithstanding the provisions of this section, all data relating to air pollution emissions as defined in § 34A-1-2 , are public records, and subject to public disclosure as provided in § 1-41-24 .

A violation of this section is a Class 2 misdemeanor.

Source: SL 1970, ch 203, §§ 13, 15; SDCL Supp, § 34-16A-21; SL 1973, ch 222, § 5; SL 1977, ch 190, § 30; SL 1995, ch 203, § 1.; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 52, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-22-17 — SD Code / Title 34 / Chapter 22 / Section 34-22-17
Communicable disease control supervised by department--Program applied statewide
Status: in_force

The diagnosis, control, and treatment of suspected or confirmed cases of communicable diseases in the state shall be under the supervision and surveillance of the department. The program of diagnosis, control, and treatment of communicable diseases, established in this chapter and rules promulgated pursuant to this chapter shall be applied statewide.

Source: SL 1963, ch 380, § 4; SL 1972, ch 15, § 4; SL 2015, ch 181, § 14.
S.D. Codified Laws § 34-38-24 — SD Code / Title 34 / Chapter 38 / Section 34-38-24
Installation of aboveground storage tanks--Approval
Status: in_force

Aboveground storage tanks may be installed at retail locations with the approval of the authority having jurisdiction and as provided for in this chapter.

Source: SL 1991, ch 269, § 2.
S.D. Codified Laws § 34A-6-22 — SD Code / Title 34A / Chapter 6 / Section 34A-6-22
Sanitary districts and counties to have municipal rights and responsibilities
Status: in_force

All sanitary districts and counties shall have the same rights and responsibilities under this chapter as municipalities.

Source: SL 1972, ch 198, § 12; SDCL, § 34-16B-20.
S.D. Codified Laws § 34-49-4 — SD Code / Title 34 / Chapter 49 / Section 34-49-4
Alternative test method and performance standard
Status: in_force

A manufacturer of a cigarette that the state fire marshal determines cannot be tested in accordance with the test method prescribed in § 34-49-2 shall propose a test method and performance standard for the cigarette to the state fire marshal. Upon approval of the proposed test method and a determination by the state fire marshal that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in § 34-49-2 , the manufacturer may employ such test method and performance standard to certify such cigarette pursuant to § 34-49-8 . If the state fire marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this chapter, and the state fire marshal finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or regulation under a legal provision comparable to this section, then the state fire marshal shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state, unless the state fire marshal demonstrates a reasonable basis why the alternative test may not be accepted under this chapter. All other applicable requirements of this chapter apply to the manufacturer.

Source: SL 2009, ch 172, § 4, eff. Jan. 1, 2011.
S.D. Codified Laws § 34-48A-23 — SD Code / Title 34 / Chapter 48A / Section 34-48A-23
Civil immunity of persons requested to assist with hazardous material incidents--Exceptions
Status: in_force

A person who provides assistance at the request of any emergency management agency in the event of an accident or other emergency situation involving the use, handling, transportation, transmission, or storage of hazardous material defined in subdivision 34-48A-1(6) is not liable in any civil action for damages as a result of his acts of commission or omission in rendering assistance. Nothing in this section grants immunity to a person causing damages as a result of his business activities or by his willful or wanton act of commission or omission in rendering assistance. Nothing in this section grants immunity to a person causing damages as a result of his business activities or by his willful or wanton act of commission or omission which takes place without the request of an emergency management agency.

Source: SL 1980, ch 235, § 1; SL 1987, ch 29, § 16; SL 1992, ch 236, § 6; SDCL § 33-15-18.1 .
S.D. Codified Laws § 34-26-68 — SD Code / Title 34 / Chapter 26 / Section 34-26-68
Effect of anatomical gift on advance health care directive
Status: in_force

(a) In this section:

(1) "Advance health care directive" means a power of attorney for health care or a record signed by a prospective donor containing the prospective donor's direction concerning a health care decision for the prospective donor.

(2) "Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.

(3) "Health care decision" means any decision made regarding the health care of the prospective donor.

(b) If a prospective donor has a declaration or advance health care directive, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor, unless the declaration expressly provides to the contrary.

Source: SL 2007, ch 197, § 21.
S.D. Codified Laws § 34-20A-112 — SD Code / Title 34 / Chapter 20A / Section 34-20A-112
Providing first aid or other medical assistance as mitigating factor--Limitations on immunity
Status: in_force

Providing first aid or other medical assistance to someone who is experiencing a drug-related overdose may be used as a mitigating factor in a criminal prosecution for which immunity is not provided under §§ 34-20A-109 to 34-20A-113 , inclusive. Nothing in §§ 34-20A-109 to 34-20A-113 , inclusive, may be construed to:

(1) Bar the admissibility of any evidence obtained in connection with the investigation and prosecution of other crimes or violations committed by a person who otherwise qualifies for limited immunity pursuant to §§ 34-20A-109 to 34-20A-113 , inclusive; or

(2) Limit, modify, or remove any immunity from liability currently available to public entities, public employees by law, or prosecutors.

Source: SL 2017, ch 154, § 4.
S.D. Codified Laws § 34-18-15 — SD Code / Title 34 / Chapter 18 / Section 34-18-15
Expiration of license--New license required on change in ownership or location
Status: in_force

A license issued pursuant to § 34-18-14 shall expire on the thirtieth day of June each year, unless otherwise provided by this chapter, and is not transferable from owner to owner or from location to location of the establishment or campground. Changes in ownership or location shall require the purchase of a new license which may be secured by making proper application on a form provided by the department and the payment of the proper license fee.

Source: SDC 1939 § 27.1706; SL 1941, ch 127, § 1; SL 1955, ch 94, § 2; SL 1963, ch 158, § 7; SL 1967, ch 106, § 1; SL 1970, ch 199, § 9; SL 2000, ch 167, § 2.
S.D. Codified Laws § 34-18-26.2 — SD Code / Title 34 / Chapter 18 / Section 34-18-26.2
Expedited follow-up inspection process
Status: in_force

The department shall implement an expedited inspection process whereby the owner of a food service establishment, lodging establishment, or campground may request a follow-up inspection to the establishment's most recent routine inspection. If an establishment has received an inspection score of eighty or higher, but less than ninety, on the most recent routine inspection, the establishment may request a follow-up inspection through the expedited inspection process. A request for a follow-up inspection as part of the expedited inspection process shall be received by the department within ten business days of the most recent routine inspection. The department shall conduct the follow-up inspection within sixty days of receipt of the request, unless the establishment requesting the follow-up inspection ceases or temporarily suspends operations prior to the follow-up inspection. No establishment may receive more than one follow-up inspection every two years, as part of the expedited inspection process. The department shall charge a fee of one hundred dollars for each follow-up inspection performed as part of the expedited inspection process.

Source: SL 2013, ch 155, § 1.
S.D. Codified Laws § 34-20C-9 — SD Code / Title 34 / Chapter 20C / Section 34-20C-9
Actual use of drug required
Status: in_force

Any user entitled to bring an action under § 34-20C-8 may seek damages only from a person who distributed, or is in the chain of distribution of, an illegal drug that was actually used by the user.

Source: SL 1997, ch 203, § 10.
S.D. Codified Laws § 34A-9-2 — SD Code / Title 34A / Chapter 9 / Section 34A-9-2
Actions subject to chapter
Status: in_force

As used in this chapter, the term, actions, includes:

(1) New and continuing projects or activities directly undertaken by any public agency, or supported in whole or part through contracts, grants, subsidies, loans, or other forms of funding assistance from one or more public agencies;

(2) Policy, regulations, and procedure-making; or

(3) The issuance by one or more public agencies of a lease, permit, license, certificate, or other public entitlement to an applicant.

Source: SL 1974, ch 245, § 1 (2); SDCL Supp, § 11-1A-2; SL 1981, ch 13, § 10; SL 1981, ch 269, § 1; SL 2011, ch 165, § 132.
S.D. Codified Laws § 34-12-30 — SD Code / Title 34 / Chapter 12 / Section 34-12-30
Notice from nursing facility required when resident's trust account approaches resource limit in medical assistance program
Status: in_force

Every nursing facility shall provide written notice to each resident receiving medical assistance under chapter 28-6 if the amount in the resident's interest bearing demand trust account reaches two hundred dollars less than resource limit in the medical assistance program under chapter 28-6 . The written notice shall notify the resident that if the amount in the account (in addition to the value of the resident's other nonexempt resources) reaches the resource limit in the medical assistance program under chapter 28-6 , the resident may lose eligibility for medical assistance benefits under chapter 28-6 or benefits under the federal supplemental security income program.

Source: SL 1991, ch 271, § 6.
S.D. Codified Laws § 34-12-15.8 — SD Code / Title 34 / Chapter 12 / Section 34-12-15.8
Noncompliance as ground for revocation of administrator's license
Status: in_force

Failure of any licensed nursing facility to keep complete records or to comply with any other provision of §§ 34-12-15.1 to 34-12-15.10 , inclusive, shall constitute cause for revocation of the licenses held by the administrator or operator of such homes or facilities, under chapter 36-28 .

Source: SL 1977, ch 279, § 8.
S.D. Codified Laws § 34-21-46 — SD Code / Title 34 / Chapter 21 / Section 34-21-46
Chapter supplementary to other legislation
Status: in_force

This chapter shall not be construed as repealing any laws of the state relating to radiation sources, exposures, radiation protection, and professional licensure, but shall be held and construed as auxiliary and supplementary thereto, except to the extent that the same are in direct conflict herewith.

Source: SL 1957, ch 122, § 10; SDC Supp 1960, § 27.17A09; SL 1967, ch 107, § 4.
S.D. Codified Laws § 34A-2-22 — SD Code / Title 34A / Chapter 2 / Section 34A-2-22
Reduction of existing water quality by discharge of waste prohibited--Violation as nuisance
Status: in_force

No person may discharge any wastes into any waters of the state which reduce the quality of such waters below the water quality level existing on March 27, 1973. A violation of this section is subject to § 34A-2-75 and may be abated as a public nuisance.

Source: SL 1973, ch 280, § 8 (2); SDCL Supp, § 46-25-40; SL 1977, ch 190, § 636; SL 1984, ch 243, § 4; SL 1992, ch 158, § 21.
S.D. Codified Laws § 34A-2-35 — SD Code / Title 34A / Chapter 2 / Section 34A-2-35
Public hearing on permit to discharge waste--Notice--Uncontested recommendation
Status: in_force

Before issuing any permit pursuant to § 34A-2-36 , the secretary shall provide an opportunity for public hearing, with notice of the opportunity for hearing, in accordance with applicable laws, rules, and regulations. If the recommendation of the department pursuant to § 34A-2-24 , 34A-2-27 , or 34A-2-36 , is not contested, that recommendation shall become a final determination on the application. If an uncontested recommendation is for approval or conditional approval of the application, the permit shall be issued by the secretary consistent with the recommendation.

Source: SL 1973, ch 280, § 9 (1); SDCL Supp, § 46-25-51; SL 1991, ch 288, § 14; SL 2011, ch 165, § 42.
S.D. Codified Laws § 34-32A-10 — SD Code / Title 34 / Chapter 32A / Section 34-32A-10
Rights and powers unimpaired
Status: in_force

With the exception of § 34-32A-7 , all other provisions of this chapter shall not be construed to impair any existing statutory or common law rights or powers.

Source: SL 1979, ch 240, § 9.
S.D. Codified Laws § 34A-2-77 — SD Code / Title 34A / Chapter 2 / Section 34A-2-77
False representation or tampering with monitoring device prohibited--Violation
Status: in_force

No person may make any false statement, representation, or certification in any document filed or required to be maintained under this chapter, or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this chapter. A violation of this section is subject to § 34A-2-75 .

Source: SL 1973, ch 280, § 14 (2); SDCL Supp, § 46-25-93; SL 1977, ch 190, § 639; SL 1984, ch 243, § 7; SL 1992, ch 158, § 30.
S.D. Codified Laws § 34A-1-48 — SD Code / Title 34A / Chapter 1 / Section 34A-1-48
Hearing requested on order for corrective action--Time allowed
Status: in_force

Any order issued pursuant to § 34A-1-47 becomes final unless, no later than twenty days after the date the notice and order are served, the person named in the order requests in writing a hearing before the board. Upon such request, the board shall proceed in compliance with chapter 1-26 .

Source: SL 1970, ch 203, § 10; SDCL Supp, § 34-16A-54; revised pursuant to SL 1972, ch 15, § 4; SL 1977, ch 280, § 15; SL 2011, ch 165, § 27.
S.D. Codified Laws § 34A-12-6 — SD Code / Title 34A / Chapter 12 / Section 34A-12-6
Civil action by department for corrective action costs--Recovery of other costs
Status: in_force

The department may bring an action in circuit court against the responsible person to obtain reimbursement for corrective action costs expended from the response fund pursuant to §§ 23A-27-25 , 34A-1-39 , 34A-2-75 , 34A-6-1.4 , 34A-6-1.31 , 34A-11-9 , 34A-11-10 , 34A-11-12 , 34A-11-14 , 34A-12-1 to 34A-12-1 5, inclusive, 45-6B-70 , 45-6C-45 , 45-6D-60 , and 45-9-68 . The secretary may seek recovery of other funds expended by the department as a result of a discharge through actions brought under the provisions of Title 34A.

Source: SL 1988, ch 291, § 7; SL 1992, ch 158, § 55A.
S.D. Codified Laws § 34-1-1.1 — SD Code / Title 34 / Chapter 1 / Section 34-1-1.1
Department reorganized and continued
Status: in_force

The Department of Health created by this chapter shall comprise the Department of Health established by chapter 1-43 , subject to the changes specified in chapter 1-43 .

Source: SL 1973, ch 2, § 214.
S.D. Codified Laws § 34-22-11.2 — SD Code / Title 34 / Chapter 22 / Section 34-22-11.2
Specific health services
Status: in_force

The term, specific health services, as it relates to § 34-22-11.1 shall include the following:

(1) Application of intradermal skin tests for the purpose of determining the presence of tuberculosis;

(2) Venipuncture for the purpose of drawing blood for laboratory examinations to determine the presence of current or past disease infection;

(3) Administration of vaccines or other prophylactic agents, either orally or parenterally, for the purpose of communicable disease control; and

(4) The gathering of specimens through nonsurgical procedures for the purpose of laboratory examination to determine the presence of bacteria, viruses, or other agents of communicable disease.

Source: SL 1977, ch 289, § 2; SL 1986, ch 27, § 34; SL 2015, ch 181, § 9.
S.D. Codified Laws § 34-20B-29 — SD Code / Title 34 / Chapter 20B / Section 34-20B-29
Registration of prescribers, manufacturers, distributors, and dispensers of controlled drug or substance
Status: in_force

Any person who prescribes, manufactures, distributes, or dispenses any controlled drug or substance within this state or who proposes to engage in the prescribing, manufacture, distribution, or dispensing of any controlled drug or substance within this state, shall obtain a registration issued by the department according to the rules promulgated under this chapter.

Source: SL 1970, ch 229, § 9 (a); SDCL Supp, § 39-17-72; SL 1995, ch 191, § 3; SL 2004, ch 229, § 2.
S.D. Codified Laws § 34-14-22 — SD Code / Title 34 / Chapter 14 / Section 34-14-22
Informed consent required prior to predictive genetic testing--Minimum requirements of written, informed consent
Status: in_force

No person may order or perform a predictive genetic test without first obtaining the written, informed consent of the person to be tested. For purposes of this section, written, informed consent consists of a signed writing executed by the person to be tested or the legally authorized representative of the person to be tested that includes, at a minimum, all of the following:

(1) The nature and purpose of the predictive genetic test;

(2) The effectiveness and limitations of the predictive genetic test;

(3) The implications of taking the predictive genetic test, including, the medical risks and benefits;

(4) The future uses of the sample taken from the person tested in order to conduct the predictive genetic test and the information obtained from the predictive genetic test;

(5) The meaning of the predictive genetic test results and the procedure for providing notice of the results to the person tested; and

(6) A listing of who will have access to the sample taken from the person tested in order to conduct the predictive genetic test and the information obtained from the predictive genetic test, and the person's right to confidential treatment of the sample and the information.

Source: SL 2001, ch 184, § 2.
S.D. Codified Laws § 34-42-4 — SD Code / Title 34 / Chapter 42 / Section 34-42-4
Jurisdiction of Department of Public Safety--Chapter exclusive
Status: in_force

The Department of Public Safety has jurisdiction over the sale and use of portable oil - fueled heaters. The provisions of this chapter exclusively govern the sale and use of portable oil - fueled heaters in this state.

Source: SL 1983, ch 257, § 4; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-31-3 — SD Code / Title 34 / Chapter 31 / Section 34-31-3
County tax levy for fire-fighting purposes--Petition to include municipality--Maximum levy--Accumulation from year to year
Status: in_force

For the purpose of carrying out the provisions of §§ 34-31-1 and 34-31-2 , the board of county commissioners may levy a tax not to exceed sixty cents per thousand dollars of taxable valuation in the county outside the limits of any municipality which provides fire protection service. However, the governing body of any municipality may by ordinance petition the board of county commissioners to include the taxable valuation within the limits of the municipality under the aforementioned levy for county fire protection service. The inclusion of the taxable valuation within the limits of the municipality under the levy for county fire protection service shall be in addition to the municipal levy for fire protection as provided in chapter 9-33 . The proceeds of such tax shall be used only for the purposes of §§ 34-31-1 and 34-31-2 in the county in which the tax is levied and unexpended balances at the end of the fiscal year may not revert to the general fund but shall be permitted to accumulate and shall be available for carrying out the purposes of §§ 34-31-1 and 34-31-2 . The levy authorized by this section is in addition to the levy authorized in § 10-12-21 .

Source: SL 1947, ch 46, § 3; SL 1953, ch 19; SDC Supp 1960, § 12.06 17-4 ; SL 1965, ch 26; SL 1975, ch 223; SL 1976, ch 223, § 1; SL 1985, ch 15, § 45; SL 1985, ch 77, § 23; SL 1989, ch 87, § 15E.
S.D. Codified Laws § 34-20B-69 — SD Code / Title 34 / Chapter 20B / Section 34-20B-69
Jury trial of violations of injunction
Status: in_force

In case of an alleged violation of an injunction or restraining order issued under § 34-20B-68 , trial shall, upon demand of the accused, be by jury in accordance with the rules of the state courts.

Source: SL 1970, ch 229, § 11 (d) (2); SDCL Supp, § 39-17-128.
S.D. Codified Laws § 34-18-9.2 — SD Code / Title 34 / Chapter 18 / Section 34-18-9.2
Exemption for bed and breakfast establishment
Status: in_force

No bed and breakfast establishment as defined in § 34-18-9.1 is subject to be licensed under the provisions of this chapter.

Source: SL 1986, ch 280, § 2; SL 1996, ch 213, § 3.
S.D. Codified Laws § 34-45-9 — SD Code / Title 34 / Chapter 45 / Section 34-45-9
Administration costs
Status: in_force

The service provider and prepaid wireless service seller may deduct and retain two percent of the collected amount or twenty-five dollars, whichever amount is greater, each month as the cost of administration for collecting the surcharge imposed by §§ 34-45-4 and 34-45-4.2 . No service provider or prepaid wireless service seller may deduct or retain the amount authorized by this section if the service provider or prepaid wireless service seller does not, in accordance with §§ 34-45-8.2 and 34-45-8.3 , timely file the return or report due by electronic means or does not timely remit the surcharge due by electronic means.

Source: SL 1989, ch 303, § 9; SL 1995, ch 201; SL 2008, ch 176, § 10; SL 2012, ch 188, § 13; SL 2013, ch 163, § 1.
S.D. Codified Laws § 34-20-23 — SD Code / Title 34 / Chapter 20 / Section 34-20-23
Intentional poisoning of food, drug, or water supply as felony
Status: in_force

Every person who intentionally mingles any poison with any food, drink, or medicine with intent that the same shall be taken by any human being to his injury, and every person who intentionally poisons any spring, well, or reservoir of water, is guilty of a Class 4 felony.

Source: PenC 1877, § 406; CL 1887, § 6607; RPenC 1903, § 416; RC 1919, § 4124; SDC 1939, § 13.1503; SL 1977, ch 190, § 50.
S.D. Codified Laws § 34A-6-98 — SD Code / Title 34A / Chapter 6 / Section 34A-6-98
Unlawful release of infectious waste in second degree
Status: in_force

A person is guilty of unlawful release of infectious waste in the second degree if the person:

(1) Knowingly or recklessly engages in conduct which causes the release to the environment of infectious waste which includes any quantity of infectious waste which is capable at the time of transport, or at any time thereafter, of causing disease, or physical injury; or

(2) Knowingly or recklessly engages in conduct constituting a single criminal transaction which causes the release to the environment of more than five hundred gallons or five thousand pounds, whichever is less, of infectious waste.

Unlawful release of infectious waste in the second degree is a Class 5 felony.

Source: SL 1992, ch 259, § 6.
S.D. Codified Laws § 34-12-35.4 — SD Code / Title 34 / Chapter 12 / Section 34-12-35.4
Number of beds in nursing facility
Status: in_force

No nursing facility in this state may operate more than the number of beds authorized by the Department of Health pursuant to this chapter and in existence on July 1, 2005.

Source: SL 2005, ch 180, § 1.
S.D. Codified Laws § 34-37-16 — SD Code / Title 34 / Chapter 37 / Section 34-37-16
Possession of unauthorized fireworks as misdemeanor--Seizure--Destruction
Status: in_force

A person is guilty of a Class 1 misdemeanor if the person possesses any fireworks, other than those enumerated in § 34-37-5 . If any person possesses any fireworks in violation of § 34-37-5 , a warrant may be issued for the seizure of the fireworks. Any fireworks seized under this section shall be safely stored to be used as evidence.

Upon conviction of any person charged under this section, any seized fireworks shall be destroyed. If a person charged under this section is found not guilty, any seized fireworks shall be returned to the person.

This chapter does not apply to the transportation of fireworks by regulated carriers.

Source: SL 1964, ch 31, § 12 (3); SL 1977, ch 190, § 108; SL 2019, ch 154, § 20, eff. Mar. 20, 2019.
S.D. Codified Laws § 34-20B-116 — SD Code / Title 34 / Chapter 20B / Section 34-20B-116
State directed opioid trust fund established--Source of funds--Purpose
Status: in_force

The opioid abatement and remediation fund is established in the state treasury. Money received from the following sources may be deposited into the fund:

(1) Money received by the state pursuant to settlements or judgments relating to opioids;

(2) Any gifts, bequests, or donations; and

(3) Interest earned on money in the fund established under this section shall be credited to the fund.

All money in the opioid abatement and remediation fund may only be used for purposes relating to opioid abuse treatment, prevention, and recovery programs and must be appropriated through the normal budget process. Expenditures of the state from the fund must be assigned to the Department of Social Services.

Source: SL 2022, ch 110, § 1, eff. Mar. 18, 2022.
S.D. Codified Laws § 34-12D-8 — SD Code / Title 34 / Chapter 12D / Section 34-12D-8
Revocation of declaration--Medical record to contain revocation
Status: in_force

A declarant may revoke a declaration at any time and in any manner without regard to the declarant's mental or physical condition. A revocation is effective upon communication to the health care provider. The health care provider shall make the revocation a part of the declarant's medical record.

Source: SL 1991, ch 273, § 6; SL 2007, ch 193, § 4.
S.D. Codified Laws § 34-20B-61 — SD Code / Title 34 / Chapter 20B / Section 34-20B-61
Law enforcement and cooperation by Division of Criminal Investigation and state's attorneys
Status: in_force

It is hereby made the duty of the Division of Criminal Investigation, its officers, agents, inspectors, and representatives, and of all state's attorneys, to enforce all provisions of this chapter, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states, relating to controlled drugs and substances.

Source: SL 1970, ch 229, § 11 (a); SDCL Supp, § 39-17-122.
S.D. Codified Laws § 34-46-6 — SD Code / Title 34 / Chapter 46 / Section 34-46-6
Uniform regulation and implementation
Status: in_force

Enforcement of this chapter shall be implemented in an equitable and uniform manner throughout the state so as to ensure the eligibility for and receipt of any federal funds or grants that the state now receives or may receive relating to the provisions of this chapter. For the purposes of equitable and uniform regulation and implementation, the Legislature through this chapter is the exclusive regulator of all matters relating to the distribution, marketing, promotion, and sale of tobacco products.

Source: SL 1994, ch 280, § 8.
S.D. Codified Laws § 34-26-59 — SD Code / Title 34 / Chapter 26 / Section 34-26-59
Search and notification
Status: in_force

(a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:

(1) A law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and

(2) If no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.

(b) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (a)(1) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.

(c) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section.

Source: SL 2007, ch 197, § 12.
S.D. Codified Laws § 34-20E-16 — SD Code / Title 34 / Chapter 20E / Section 34-20E-16
Membership of advisory council
Status: in_force

The advisory council shall consist of:

(1) One dispenser selected by the board;

(2) One prescriber selected by the Board of Medical and Osteopathic Examiners;

(3) One prescriber selected by the Board of Nursing;

(4) One prescriber selected by the Board of Dentistry;

(5) One prescriber selected by the Board of Examiners in Optometry;

(6) One prescriber selected by the South Dakota Academy of Physician Assistants;

(7) One member selected by the South Dakota Association of Healthcare Organizations;

(8) One member of the South Dakota State Medical Association;

(9) One member of the South Dakota Nurses Association;

(10) One member of the South Dakota Pharmacists Association;

(11) A designee of the attorney general;

(12) A designee of the Department of Health; and

(13) Any other prescriber or dispenser determined by the board to be necessary to meet a mandate of, or avoid a delay in implementing, an appropriations measure. The number of additional members that the board may select is limited to the number necessary to meet the mandate or avoid the delay of an appropriation.

Source: SL 2010, ch 175, § 16.
S.D. Codified Laws § 34-25-52.4 — SD Code / Title 34 / Chapter 25 / Section 34-25-52.4
Uniform forms and procedures for issuance of copies of records--Rules
Status: in_force

All forms and procedures used in the issuance of certified and informational copies of vital records shall be uniform and shall be provided or approved by the state registrar. The department shall promulgate rules pursuant to chapter 1-26 to determine application requirements for a certified and an informational copy of a vital record, acceptable proof of identity, and the features required in a certified or informational copy.

Source: SL 2005, ch 190, § 4.
S.D. Codified Laws § 34-23A-59.1 — SD Code / Title 34 / Chapter 23A / Section 34-23A-59.1
Licensed professionals required at pregnancy help centers
Status: in_force

Any pregnancy help center listed on the Department of Health registry of pregnancy help centers prior to January 1, 2012, shall, beginning on January 1, 2013, have available either on staff or pursuant to a collaborative agreement, a licensed counselor, or licensed psychologist, or licensed certified social worker, or licensed social worker, or licensed nurse, or licensed marriage and family therapist, or a licensed physician to meet privately with the pregnant mother to provide the counseling and meeting required by §§ 34-23A-53 to 34-23A-59.2 , inclusive. Any pregnancy help center placed on the state registry on or after January 1, 2012, shall have one or more such licensed professionals available on staff or pursuant to collaborative agreement for such purposes beginning on January 1, 2012.

Source: SL 2012, ch 186, § 8; SL 2016, ch 179, § 2.
S.D. Codified Laws § 34A-13-45 — SD Code / Title 34A / Chapter 13 / Section 34A-13-45
Damage prior to April 1, 1990
Status: in_force

No reimbursement may be made for third - party claims if the damage was allegedly caused by a petroleum release reported prior to April 1, 1990.

Source: SL 1990, ch 292, § 16; SL 1992, ch 260, § 32.
S.D. Codified Laws § 34-25-16.6 — SD Code / Title 34 / Chapter 25 / Section 34-25-16.6
Copies of birth certificates
Status: in_force

County registers of deeds may issue, by computer generation, certified copies of birth certificates.

Source: SL 1993, ch 253, § 5.