S.D. Codified Laws § 1-27-38 — SD Code / Title 1 / Chapter 27 / Section 1-27-38
Civil action or administrative review of denial of written request or estimate of fees
Status: in_force

If a public record officer denies a written request in whole or in part, or if the requestor objects to the public record officer's estimate of fees or time to respond to the request, a requestor may within ninety days of the denial commence a civil action by summons or, in the alternative, file a written notice of review with the Office of Hearing Examiners. The notice of review shall be mailed, via registered or certified mail, to the Office of Hearing Examiners and shall contain:

(1) The name, address, and telephone number of the requestor;

(2) The name and business address of the public record officer denying the request;

(3) The name and business address of the agency, political subdivision, municipal corporation, or other entity from which the request has been denied;

(4) A copy of the written request;

(5) A copy of any denial or response from the public record officer; and

(6) Any other information relevant to the request that the requestor desires to be considered.

Source: SL 2008, ch 14, § 6.
S.D. Codified Laws § 1-18C-11 — SD Code / Title 1 / Chapter 18C / Section 1-18C-11
Publications authorized--Price
Status: in_force

The archivist may publish archival material, reports, bulletins, and other publications which will further the objectives of the Office of State Archivist and the state archives. The archivist shall, consistent with existing laws, establish the price at which publications may be sold or delivered.

Source: SL 1975, ch 24, § 12; SL 1987, ch 393 (Ex. Ord. 87-4), § 17; SL 2009, ch 1, § 50.
S.D. Codified Laws § 1-36-3 — SD Code / Title 1 / Chapter 36 / Section 1-36-3
Board of Social Services--Appointment and terms of members
Status: in_force

The Board of Social Services is hereby continued within the Department of Social Services and shall consist of seven members, not more than four of which may be members of the same political party, appointed by the Governor and subject to removal for cause only. The term of office of each member is three years. The terms of members shall begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment.

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

A member appointed to fill a vacancy occurring other than by expiration of a term shall be appointed for the unexpired term.

Source: SL 1973, ch 2, § 69; SL 2012, ch 16, § 8; SL 2013, ch 176, § 5.
S.D. Codified Laws § 1-27-40.1 — SD Code / Title 1 / Chapter 27 / Section 1-27-40.1
Time for compliance with decision or appeal
Status: in_force

If the office of hearing examiners enters a decision pursuant to § 1-27-40 concluding that certain records shall be released or that the fee charged pursuant to §§ 1-27-35 and 1-27-36 was excessive, the public entity has thirty days after the opinion is issued to comply with the order or to file an appeal pursuant to § 1-27-41 .

Source: SL 2011, ch 11, § 1.
S.D. Codified Laws § 1-16G-24 — SD Code / Title 1 / Chapter 16G / Section 1-16G-24
Use of earnings for administrative costs of Division of Finance of Governor's Office of Economic Development
Status: in_force

Earnings on the revolving economic development and initiative fund may be used for the administrative costs of the Division of Finance of the Governor's Office of Economic Development. Such earnings shall be expended in accordance with the provisions of Title 4 on warrants drawn by the state auditor on vouchers approved by the commissioner of the Governor's Office of Economic Development. Eligible expenses may not exceed total interest earnings during the previous fiscal year prior to the deduction of loan losses for the same fiscal year.

Source: SL 1994, ch 14; SL 1999, ch 5, § 6; SL 2003, ch 15, § 6; SL 2004, ch 13, § 7; SL 2005, ch 10, § 3; SL 2007, ch 5, § 9; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 86, eff. Apr. 12, 2011; SL 2013, ch 192, § 1.
S.D. Codified Laws § 1-26-16 — SD Code / Title 1 / Chapter 26 / Section 1-26-16
Notice and hearing required in contested cases
Status: in_force

In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.

Source: SL 1966, ch 159, § 9 (1).
S.D. Codified Laws § 1-33B-19 — SD Code / Title 1 / Chapter 33B / Section 1-33B-19
Loans, leases or grants to municipality or county--Agreement upon terms and conditions
Status: in_force

Notwithstanding § 9-25-16 or any other provision of law, the Governor's Office of Economic Development may make loans, leases, or grants to any municipality or county from the energy conservation loan special revenue fund. The terms and conditions of loans, leases, or grants made pursuant to this section shall be agreed to by the municipality or county by resolution and the Governor's Office of Economic Development.

Source: SL 1990, ch 62, § 1; SL 1991 ch 16, § 13; SL 1994, ch 410 (Ex. Ord. 93-9), § 17.
S.D. Codified Laws § 1-33-49 — SD Code / Title 1 / Chapter 33 / Section 1-33-49
Rules and regulations by commissioner of the Bureau of Information and Technology--Administrative charges for contractual services
Status: in_force

The commissioner of the Bureau of Information and Technology is empowered and it shall be his duty, to prescribe regulations, not inconsistent with law for the government of his bureau, the distribution and performance of its business, and the custody, use, and preservation of records, papers, books, and property pertaining thereto and on such other subjects as the law may specifically authorize him to make regulations.

The commissioner of the Bureau of Information and Technology shall promulgate rules pursuant to chapter 1-26 to establish administrative charges for the contractual services authorized by § 1-33-38 .

Source: SDC 1939, § 55.2004; SL 1988, ch 11, § 11; SDCL §§ 1-14-13, 1-14-14.2; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-24-17.1 — SD Code / Title 1 / Chapter 24 / Section 1-24-17.1
Annual audit of pooling arrangement financial statements--Filing with Department of Legislative Audit--Availability to public
Status: in_force

Each pool arrangement, as defined in § 1-24-11 , shall have an annual audit of its financial statements conducted in accordance with generally accepted government auditing standards. A copy of the audited financial statements shall be filed with the Department of Legislative Audit within twelve months of the close of the previous fiscal year for the pool arrangement. The department shall make audited financial statements filed pursuant to this section available to the public on the department's website. The auditor-general may examine all financial records, related to funds provided by the state or its political subdivisions, of any pool arrangement if deemed necessary and in the public interest by the auditor-general.

Source: SL 2016, ch 7, § 1.
S.D. Codified Laws § 1-41-24 — SD Code / Title 1 / Chapter 41 / Section 1-41-24
Full public disclosure of nonconfidential public records--Reproduction--Fee--Waiver--Response time to written requests--Denial of disclosure--Appeals--Promulgation of rules--Attorney's fees and costs for denial of access to hazardous waste public records
Status: in_force

Full public inspection and disclosure of all nonconfidential public records relating to the Department of Agriculture and Natural Resources and those activities within its jurisdiction shall be allowed. The department shall make available for public inspection and disclosure all public records subject to inspection pursuant to § 1-26-2 and chapter 1-27 . The department shall provide for the reproduction of all public records subject to inspection and reasonably capable of being reproduced and may impose a fee to recover the reasonable cost of reproduction. Any fee imposed for records reproduction shall be promulgated pursuant to chapter 1-26 and shall provide for fee waiver for public records requests from the press or communications media, public interest groups, educational organizations, and institutions of government. The department shall respond to all written requests for public records within twenty working days of the date when the request was received. The department may deny inspection and disclosure of any public record not subject to inspection under chapter 1-27 , or held confidential pursuant to statute or court order. Written notice of denial of inspection or disclosure shall be provided to the person making the request. Such denial or failure by the department to respond within twenty working days shall be considered final agency action and may be appealed to circuit court as provided in chapter 1-26 . The secretary, pursuant to chapter 1-26 , may promulgate rules to implement the provisions of this section.

Any person denied access to any hazardous waste public record required under chapter 34A-11 may recover in circuit court reasonable attorney's fees and other litigation costs reasonably incurred in an action against the state if the requestor substantially prevails on judicial review.

Source: SL 1992, ch 254, § 96; SDCL § 1-40-31; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-26-31 — SD Code / Title 1 / Chapter 26 / Section 1-26-31
Notice of appeal--Time for service and filing
Status: in_force

An appeal shall be taken by serving a copy of a notice of appeal upon the adverse party, upon the agency, and upon the hearing examiner, if any, who rendered the decision, and by filing the original with proof of such service in the office of the clerk of courts of the county in which the venue of the appeal is set, within thirty days after the agency served notice of the final decision or, if a rehearing is authorized by law and is requested, within thirty days after notice has been served of the decision thereon. Failure to serve notice of the appeal upon the hearing examiner does not constitute a jurisdictional bar to the appeal.

Source: SDC 1939 & Supp 1960, § 33.4208; SL 1966, ch 159, § 15(2); SDCL, § 21-33-5; SL 1972, ch 8, §§ 28, 32; SL 1974, ch 16, § 10; SL 1975, ch 17, § 3; SL 1979, ch 8, § 4; SL 1999, ch 7, § 1; SL 2004, ch 23, § 1.
S.D. Codified Laws § 1-19B-31 — SD Code / Title 1 / Chapter 19B / Section 1-19B-31
Ordinary maintenance and repairs not prohibited--Changes required for public safety
Status: in_force

Nothing in this chapter prevents the ordinary maintenance or repair of any exterior feature in or on an historic property that does not involve a change in design, material, or outer appearance, nor prevents the construction, reconstruction, alteration, restoration, demolition, or removal of any such feature if a building inspector or similar official certifies to the Historic Preservation Commission that such action is required for the public safety because of an unsafe or dangerous condition.

Source: SL 1974, ch 21, § 18; SL 2009, ch 1, § 84.
S.D. Codified Laws § 1-13-14 — SD Code / Title 1 / Chapter 13 / Section 1-13-14
Municipal participation in law enforcement telecommunications system
Status: in_force

Any first or second class municipality may apply to participate in the South Dakota law enforcement telecommunications system. If the application is approved by the Department of Public Safety, the participating municipality shall furnish its police department with a data terminal and other necessary equipment of a type specified by the department.

Source: SL 1975, ch 11, § 3; SL 1992, ch 60, § 2; SL 2001, ch 7, § 3; SL 2015, ch 5, § 8.
S.D. Codified Laws § 1-16G-83 — SD Code / Title 1 / Chapter 16G / Section 1-16G-83
Public information
Status: in_force

The name of any person that receives a new frontiers payment or waiver as provided by §§ 1-16G-73 to 1-16G-84 , inclusive, and the amount of the new frontiers payment or waiver, is public information and shall be available and open to public inspection as provided in § 1-27-1 .

Source: SL 2016, ch 5, § 11.
S.D. Codified Laws § 1-22-3 — SD Code / Title 1 / Chapter 22 / Section 1-22-3
Officers of arts council
Status: in_force

The arts council shall choose from its membership a chair, vice-chair, secretary, and treasurer.

Source: SL 1966, ch 183, § 3; SL 2009, ch 1, § 112.
S.D. Codified Laws § 1-19B-14 — SD Code / Title 1 / Chapter 19B / Section 1-19B-14
Title to property acquired--Supervision and control
Status: in_force

All lands, buildings, structures, sites, areas, or objects acquired by funds appropriated by a county or municipality shall be acquired in the name of the county or municipality unless otherwise provided by the governing board. So long as owned by the county or municipality, historic properties may be maintained by or under the supervision and control of the county or municipality. However, all lands, buildings, or structures acquired by an historic preservation commission from funds other than those appropriated by a county or municipality may be acquired and held in the name of the Historic Preservation Commission, the county or municipality, or both.

Source: SL 1974, ch 21, § 5.
S.D. Codified Laws § 1-16B-23 — SD Code / Title 1 / Chapter 16B / Section 1-16B-23
Disposition of refunding obligations--Application or investment of proceeds
Status: in_force

Refunding obligations may be sold or exchanged for outstanding obligations issued under this chapter, and, if sold, the proceeds may be applied to any authorized purpose or to the purchase, redemption or payment of outstanding obligations. The proceeds from any refunding obligation may be invested by the state investment officer, under the provisions of chapter 4-5 , until they are required for the retirement of outstanding obligations.

Source: SL 1978, ch 9, § 20.
S.D. Codified Laws § 1-16A-10 — SD Code / Title 1 / Chapter 16A / Section 1-16A-10
Expenses of members of authority
Status: in_force

Members of the authority shall receive no compensation for services but shall be entitled to the necessary expenses including traveling and lodging expenses incurred in the discharge of their duties. Any payments for compensation and expenses shall be paid from funds of the authority.

Source: SL 1972, ch 10, § 4.
S.D. Codified Laws § 1-15-21 — SD Code / Title 1 / Chapter 15 / Section 1-15-21
Receipt and disbursement of inmates' funds
Status: in_force

The Department of Corrections may receive and disburse any funds that may accrue to inmates or juveniles in residence at institutions under jurisdiction of the department. Such disbursement shall be made for the benefit of the inmate or juvenile. However, interest earned on joint accounts may be transferred to a benefit fund from which goods and services may be purchased for use by the institutional population.

Source: SDC 1939, § 55.1715 as added by SL 1964, ch 155; SL 1982, ch 9, § 11; SL 1989, ch 20, § 38.
S.D. Codified Laws § 1-26-13 — SD Code / Title 1 / Chapter 26 / Section 1-26-13
Petition for rules--Denial or initiation of proceedings--Copies to committee and code counsel
Status: in_force

An interested person, other than an inmate as defined in § 1-15-20.1 , may petition an agency requesting the promulgation, amendment, or repeal of a rule. The petition must contain the text or substance of any new rule or amendment sought, the identification of any rule sought to be repealed, reasons for the proposal, and the name and address of the petitioner. Within thirty days after submission of a petition, the agency shall deny the petition in writing, stating its reasons for the denial, or shall initiate rule - making proceedings in accordance with § 1-26-4 . The agency shall serve a copy of any petition and denial on the members of the Interim Rules Review Committee and code counsel.

Source: SL 1966, ch 159, § 6; SL 1972, ch 8, § 18; SL 1975, ch 16, § 24; SL 1997, ch 12, § 2; SL 1999, ch 6, § 2; SL 2025, ch 9, § 21.
S.D. Codified Laws § 1-15-34 — SD Code / Title 1 / Chapter 15 / Section 1-15-34
County responsible for certain costs of transporting inmates
Status: in_force

In the event a county fails to transport an inmate as required in §§ 1-15-33 to 1-15-35 , the county may be billed for the cost of the transport and is responsible for the payment thereof.

Source: SL 1999, ch 110, § 4.
S.D. Codified Laws § 1-37-6.2 — SD Code / Title 1 / Chapter 37 / Section 1-37-6.2
Administrative functions performed for Commission of Human Rights
Status: in_force

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

Source: SL 1973, ch 2, § 65; SDCL § 1-35-14 .
S.D. Codified Laws § 1-26-30.2 — SD Code / Title 1 / Chapter 26 / Section 1-26-30.2
Appeal from final action in contested case
Status: in_force

An appeal shall be allowed in the circuit court to any party in a contested case from a final decision, ruling, or action of an agency.

Source: SL 1975, ch 17, § 1.
S.D. Codified Laws § 1-16H-32 — SD Code / Title 1 / Chapter 16H / Section 1-16H-32
Intergovernmental agreements
Status: in_force

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

Source: SL 2004, ch 15, § 32.
S.D. Codified Laws § 1-16A-5 — SD Code / Title 1 / Chapter 16A / Section 1-16A-5
Terms of office of members--Vacancies
Status: in_force

Upon the expiration of the term of any appointed member his successor shall be appointed for a term of five years expiring on June thirtieth and until his successor has been appointed and has qualified. Any member shall be eligible for reappointment. The Governor shall fill any vacancy for the remainder of any unexpired term.

Source: SL 1972, ch 10, § 3.
S.D. Codified Laws § 1-1-17 — SD Code / Title 1 / Chapter 1 / Section 1-1-17
Highways in Indian lands--Acceptance of jurisdiction
Status: in_force

The United States of America having ceded to the State of South Dakota concurrent police jurisdiction excepting the ten major crimes as defined by 18 U.S.C., § 1153, unless automobile accidents are involved, over all public highways or portions thereof, including rights - of - way, located within the State of South Dakota:

(1) Which are established through any Indian reservation or through any lands which have been allotted in severalty to any individual Indian, under any laws or treaties, but which have not been conveyed to the allottee with full power of alienation; and

(2) Which were established or which are maintained by the joint participation of the United States and the State of South Dakota.

Source: SL 1959, ch 144, §§ 1, 2; SDC Supp 1960, § 65.0810.
S.D. Codified Laws § 1-26-22 — SD Code / Title 1 / Chapter 26 / Section 1-26-22
Transcript in contested cases--Minutes in lieu of transcript
Status: in_force

Whenever a party requests in writing that oral proceedings be transcribed, a verbatim record of all proceedings and testimony shall be kept by the agency. Unless otherwise provided by law the agency shall not be required to transcribe the record unless the requesting party tenders and pays the reasonable cost thereof. If transcribed, a copy of the record shall be furnished to any other party to the hearing at the request and expense of such other party. If no verbatim record is transcribed, the agency shall prepare minutes of the hearing. The minutes shall consist of a written summary of the evidence and proceedings.

Source: SL 1966, ch 159, § 9 (6); SL 1972, ch 8, § 24; SL 1978, ch 13, § 7.
S.D. Codified Laws § 1-7-1 — SD Code / Title 1 / Chapter 7 / Section 1-7-1
Powers and duties of Governor
Status: in_force

The Governor shall possess the powers and perform the duties entailed by the Constitution and by special provisions throughout this code and among others, but without limiting other prescriptions of the Governor's powers and duties, as follows:

(1) To supervise the official conduct of all executive and ministerial officers;

(2) To see that the laws of the state are faithfully and impartially executed;

(3) To make appointments and fill vacancies in the public offices as required by law;

(4) To be the sole official organ of communication between the government of this state and the government of any other state of the United States;

(5) To issue patents for land as required by law and prescribed by the provisions of this code;

(6) To offer rewards, not exceeding one thousand dollars each, payable out of the general fund, for the apprehension of any convict who has escaped from a state correctional facility or for any person who has committed or is charged with the commission of an offense punishable with imprisonment for life;

(7) To appoint a private secretary and to employ such clerks and stenographers as the Governor deems necessary for the proper discharge of official duties, each of whom shall serve during the pleasure of the Governor and receive such compensation as shall be provided by the Legislature;

(8) To have such other powers and must perform such other duties as are or may be devolved upon the Governor by law.

Source: SDC 1939, § 55.1101; SL 2023, ch 3, § 2; SL 2023, ch 82, § 1.
S.D. Codified Laws § 1-47-18 — SD Code / Title 1 / Chapter 47 / Section 1-47-18
Division of Business Tax transferred
Status: transferred

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

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 47, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-9-1 — SD Code / Title 1 / Chapter 9 / Section 1-9-1
Annual report of auditor--Contents--Publication
Status: in_force

The state auditor shall make an annual report to the Governor.

(1) Such report shall fully disclose as shown by the records of the state auditor, the balance in each fund at the close of the preceding fiscal year, all receipts and transfers affecting each fund, expenditures from each fund, the total amount of warrants redeemed and returned to him by the state treasurer, the total amount of outstanding warrants, and the balance in each fund at the close of the fiscal year reported;

(2) Such report shall further show the appropriation to all of the offices, departments, boards, and institutions at the beginning of the fiscal year reported; expenditures and transfers from each appropriation, the unexpended balance of each appropriation, and the amounts reverting from such appropriation at the close of the fiscal year reported;

(3) The report shall contain such tables, comparisons, and recapitulations as deemed necessary to present a true and clear concept of the state's financial condition;

(4) The report may contain comments, and recommendations concerning state finances; and

(5) This report may be combined in a single volume with the report required of the state treasurer by the provisions of § 1-10-2 .

Source: SDC 1939, § 55.1309; SL 1939, ch 206; SL 1957, ch 283; SL 1980, ch 23, § 6.
S.D. Codified Laws § 1-16A-74.1 — SD Code / Title 1 / Chapter 16A / Section 1-16A-74.1
Establishment of funding program for financing of property by public bodies--Assistance--Pledging of payments--Compliance with statutory limitations
Status: in_force

The authority shall establish or assist in the establishment of a funding program for the financing of real property, equipment, or other personal property by public bodies. Such assistance may include, without limitation, the issuance and sale of bonds or notes, the loaning of the proceeds thereof to public bodies or other sponsorship of any such financing, the investment of funds raised for the purchase or leasing of such real property, equipment, or other personal property by the authority in any investment described in § 1-16A-19 , the purchase or lease of any such real property, equipment, or other personal property by the authority, the sale or lease of any such real property, equipment, or personal property to any public body and the execution of a trust agreement or similar or related agreements and instruments by the authority or other public bodies authorizing the issuance of certificates of participation for the financing thereof. In addition, the authority may pledge payments from public bodies or other revenues to secure repayment of certificates of participation or other evidences of indebtedness in connection with such program and may enter into such other agreements as its board may deem necessary or appropriate in order to accomplish the purposes described herein.

Notwithstanding any other provision of law, a school district may enter into a pooled funding agreement for capital outlay obligations, capital outlay installment, or lease - purchase agreements described in this section; however, the school district shall comply with the limitation on the principal amount and maturity date established in § 13-16-6 and with the limitation on levy amounts in § 13-16-7 .

Source: SL 1988, ch 13, § 3; SL 1992, ch 4.
S.D. Codified Laws § 1-19-1 — SD Code / Title 1 / Chapter 19 / Section 1-19-1
Acceptance of Verendrye plate site
Status: in_force

The State of South Dakota acting by and through its Legislature hereby accepts the grant and gift to the State of South Dakota of lots twenty and twenty - one, block twenty - six, city of Fort Pierre, which is the site where the Verendrye plate was found and which site the city of Fort Pierre has tendered as a gift to the state.

Such site is accepted for the benefit and use of the South Dakota State Historical Society in trust for the people of the state.

Source: SDC 1939, § 29.0501; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-19-2.2 — SD Code / Title 1 / Chapter 19 / Section 1-19-2.2
Maintenance and improvement of Verendrye plate site
Status: in_force

The State Historical Society Board of Trustees is responsible for maintaining and improving the memorial established pursuant to this chapter to commemorate the visit of the Verendrye brothers to central South Dakota and the planting of the Verendrye plate at Fort Pierre in March 1743.

Source: SL 1974, ch 9, § 14; SL 2009, ch 1, § 52.
S.D. Codified Laws § 1-52-7.1 — SD Code / Title 1 / Chapter 52 / Section 1-52-7.1
South Dakota Arts Council transferred
Status: transferred

The South Dakota Arts Council, created by chapter 1-22 , and its functions in the former Department of Tourism and State Development are transferred to the Department of Tourism created by Executive Reorganization Order 2011-01. The secretary of tourism shall perform the functions of the former secretary of tourism and state development, relating to the South Dakota Arts Council.

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 68, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-41-28 — SD Code / Title 1 / Chapter 41 / Section 1-41-28
Establishment of program to separate and recover recyclable materials--Inclusion of local government
Status: in_force

The Department of Agriculture and Natural Resources shall establish a program to reduce the amount of solid waste generated by state agencies and to promote the separation and recovery of recyclable materials and the procurement of recycled materials and recovered materials by state agencies to include such items as paper, oil, plastics, compost, aggregate, insulation, solvents, and rubber products. Each agency shall participate in the source reduction and recycling program. The Department of Agriculture and Natural Resources shall also investigate opportunities for the inclusion of local governmental units in the program and shall permit participation of local governmental units in the program if feasible.

Source: SL 1992, ch 254, § 42; SDCL § 5-23-38; SL 2010, ch 31, § 118; SDCL § 1-40-40; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-36A-1.6 — SD Code / Title 1 / Chapter 36A / Section 1-36A-1.6
Appointment and removal of division directors
Status: in_force

The secretary of human services shall appoint, and may at pleasure remove, subject to approval by the Governor, division directors in the Department of Human Services. The secretary of human services shall submit for approval to the commissioner of personnel minimum qualifications for the division director positions within the Department of Human Services.

Source: SL 1989, ch 21, § 6.
S.D. Codified Laws § 1-18-20 — SD Code / Title 1 / Chapter 18 / Section 1-18-20
Appointment of director
Status: in_force

The secretary of education shall, subject to the approval of the Governor, appoint the director of the South Dakota State Historical Society to serve at the pleasure of the secretary.

Source: SDC 1939, § 29.0120; SL 1945, ch 125, § 3; SL 1974, ch 10, § 8; SL 1979, ch 353, § 13; SL 1995, ch 5, § 1; SL 2004, ch 17, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 21, eff. Apr. 20, 2015.
S.D. Codified Laws § 1-44-3 — SD Code / Title 1 / Chapter 44 / Section 1-44-3
Agencies constituting department
Status: in_force

The Department of Transportation shall consist of any agency that may be created by law, executive order, or administrative action and placed under the Department of Transportation.

Source: SL 1973, ch 2, § 224; SL 1996, ch 20, § 1.
S.D. Codified Laws § 1-33-8.8 — SD Code / Title 1 / Chapter 33 / Section 1-33-8.8
Commissioner of Human Resources and Administration--Local government service contracts limiting remedies
Status: in_force

The commissioner of human resources and administration may enter into local government service contracts which contain reasonable and lawful provisions regarding limitation of remedies. Nothing in this section, however, authorizes a limitation of remedies which is contrary to the provisions of chapter 53-9 .

Source: SL 1988, ch 11, § 7; SDCL § 1-14-12.17; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-41-12.1 — SD Code / Title 1 / Chapter 41 / Section 1-41-12.1
Performance of functions of state geologist relating to oil and gas conservation
Status: in_force

The functions of the state geologist relative to oil and gas conservation, pursuant to chapter 45-9 , are transferred to the Department of Agriculture and Natural Resources and the secretary of agriculture and natural resources.

Source: SL 1984, ch 343, § 24; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL § 1-40-7.1; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-33-1 — SD Code / Title 1 / Chapter 33 / Section 1-33-1
Department continued
Status: in_force

The Department of Executive Management is hereby continued.

Source: SL 1973, ch 2, § 10; SL 2005, ch 10, § 9.
S.D. Codified Laws § 1-26B-9 — SD Code / Title 1 / Chapter 26B / Section 1-26B-9
Committee reports
Status: in_force

The committee shall submit reports recommending either the continuation, revision, or termination of the rules of each agency reviewed to the Executive Board of the Legislative Research Council.

Source: SL 1978, ch 18, § 9; SL 1989, ch 18, § 9.
S.D. Codified Laws § 1-20-35 — SD Code / Title 1 / Chapter 20 / Section 1-20-35
Unauthorized investigation as misdemeanor--Forfeiture of materials found
Status: in_force

No person may conduct field investigation activities on any land owned or controlled by the state, its agencies, departments, and institutions, or within the boundaries of any designated state archaeological landmark, without first obtaining a permit from the State Historical Society Board of Trustees. No person may appropriate, deface, destroy, or otherwise alter any archaeological site or specimen located upon state lands or within the boundaries of a designated state archaeological register site, except in the course of activities pursued under the authority of a permit granted by the State Historical Society Board of Trustees. A violation of this section is a Class 2 misdemeanor, and in addition, any person who violates this section shall forfeit to the state all specimens, objects, and materials collected or excavated, together with all photographs and records relating to such material.

Source: SL 1947, ch 136, § 7; SDC Supp 1960, § 29.9904; SDCL § 1-20-16; SL 1974, ch 11, § 15; SL 1980, ch 24, § 6; SL 2009, ch 1, § 108.
S.D. Codified Laws § 1-33-44 — SD Code / Title 1 / Chapter 33 / Section 1-33-44
Installation of data processing, telecommunication, and office equipment--Approval of requests
Status: in_force

The Bureau of Information and Technology shall develop, install, and direct office systems technology, software, and services; telecommunication equipment, software, and services; and data processing equipment, software, and services to serve statewide needs. The Bureau of Information and Technology may approve, disapprove, or modify requests of departments, agencies, commissions, institutions, or any other units of state government which involve the acquisition by lease or purchase of any office systems technology, software, and services; telecommunication equipment, software, and services; and data processing equipment, software, and services.

The bureau shall take into consideration the unique needs of the separate legislative and judicial branches of government, the constitutional offices, and the Public Utilities Commission when evaluating requests for software acquisition. Nothing in this section may be construed to prevent the legislative and judicial branches of government, the constitutional offices, and the Public Utilities Commission from carrying out their separate functions or responsibilities.

Source: SL 1966, ch 170, § 3; SDCL, § 4-7-21; SL 1982, ch 8; SL 1983, ch 4, § 2; SDCL, § 1-14-12.1; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-53-10 — SD Code / Title 1 / Chapter 53 / Section 1-53-10
Economic Development Finance Authority transferred
Status: transferred

The Economic Development Finance Authority created by Chapter 1-16B and its functions in the Department of Tourism and State Development are transferred to the Governor's Office of Economic Development. The commissioner of the Governor's Office of Economic Development shall perform the functions of the former secretary of tourism and state development relating to the activities of the Economic Development Finance Authority.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 61, eff. Apr. 17, 2003; SDCL § 1-52-4 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 60, 124, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-16A-3.1 — SD Code / Title 1 / Chapter 16A / Section 1-16A-3.1
Authority continued within Bureau of Finance and Management--Records and reports
Status: in_force

The health and educational facilities authority shall continue within the Bureau of Finance and Management, and shall retain all its prescribed functions, including administrative functions. The authority shall submit such records, information, and reports in the form and at such times as required by the commissioner of finance and management, except that the authority shall report at least annually.

Source: SL 1973, ch 2, § 16 (b).
S.D. Codified Laws § 1-16A-47 — SD Code / Title 1 / Chapter 16A / Section 1-16A-47
Bond redemption privileges retained
Status: in_force

If deemed advisable by the authority there may be retained in the resolutions or the trust indenture under which any bonds of the authority are authorized to be issued an option to redeem all or any part thereof as may be specified in such resolutions or in such trust indenture, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such resolutions or in such trust indenture, and as may be briefly recited in the face of the bonds, but nothing herein contained shall be construed to confer on the authority the right or option to redeem any bonds except as may be provided in the resolutions or in such trust indenture under which they shall be issued.

Source: SL 1972, ch 10, § 10.
S.D. Codified Laws § 1-43-21 — SD Code / Title 1 / Chapter 43 / Section 1-43-21
Promulgation of rules for establishment, maintenance and use of health care data system
Status: in_force

The Department of Health shall promulgate rules pursuant to chapter 1-26 to provide for the establishment, maintenance, and use of a health care data system pursuant to §§ 1-43-19 and 1-43-20 . The rules shall include:

(1) A listing of specific data elements to be reported;

(2) Criteria for authorizing persons or entities to undertake health care data collection;

(3) Criteria and procedures for maintaining confidentiality; and

(4) Procedures and requirements governing the structure and objectives of the health care data system and the reporting, collections, analysis, quality assurance, and dissemination of data and information related to the health care data system.

Source: SL 1993, ch 23, § 3.
S.D. Codified Laws § 1-16A-91 — SD Code / Title 1 / Chapter 16A / Section 1-16A-91
Issued indebtedness for accounts receivable program
Status: in_force

The authority may participate in and issue bonds and other forms of indebtedness for the purpose of establishing and maintaining an accounts receivable program on behalf of one or more participating health institutions. Such bonds and other evidences of indebtedness shall be issued payable from the revenues derived from the accounts receivable, and any other provisions of this chapter to the contrary notwithstanding, such bonds and other evidences of indebtedness may be issued with or without recourse to the participating health institution or institutions from which the accounts receivable are purchased.

Source: SL 1994, ch 8, § 4.
S.D. Codified Laws § 1-53-25 — SD Code / Title 1 / Chapter 53 / Section 1-53-25
Deposit of trust assets with state treasurer--Purposes for which used
Status: in_force

Notwithstanding any other provision of law, funds and the proceeds of the trust assets which are not authorized to be administered by the secretary of agriculture of the United States under the provisions of § 1-53-24 must be received by the commissioner of the Governor's Office of Economic Development under the application made pursuant to § 1-53-23 , and deposited by the commissioner with the state treasurer for use by the commissioner of the Governor's Office of Economic Development for the rural rehabilitation purposes permissible under the charter of the now dissolved South Dakota Rural Rehabilitation Corporation, as may from time to time be agreed upon by the commissioner of the Governor's Office of Economic Development with the approval of the Governor and the secretary of agriculture of the United States, subject to the applicable provisions of Public Law 499, or for the purposes of § 1-53-24 .

Source: SL 1951, ch 4, § 4; SDC Supp 1960, § 4.0118; SDCL § 38-6-4; SL 2019, ch 235 (Ex. Ord. 19-1), § 44, eff. Apr. 14, 2019; SL 2023, ch 3, § 11.
S.D. Codified Laws § 1-32-4.5 — SD Code / Title 1 / Chapter 32 / Section 1-32-4.5
Internal councils and committees not prohibited
Status: in_force

Nothing in §§ 1-32-4.1 to 1-32-4.4 , inclusive, shall be construed as prohibiting the use or creation of internal department or state institutional councils and committees that are comprised of department or institutional employees.

Source: SL 1976, ch 21, § 5.
S.D. Codified Laws § 1-15-13 — SD Code / Title 1 / Chapter 15 / Section 1-15-13
Federal funds--Acceptance and use
Status: in_force

The Department of Corrections may, subject to chapter 4-8B , accept and control on behalf of the institutions of this state under the department's supervision:

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

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

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

The state auditor shall draw warrants from the special fund upon presentation of vouchers approved by the secretary of corrections. Notwithstanding any other provision of this section, any federal funds received for the reimbursement of services provided by the department shall be deposited in the general fund.

Source: SL 1965, ch 261, §§ 1 to 3; SL 1974, ch 8; SL 1982, ch 9, § 8; SL 1989, ch 20, § 31; SL 2016, ch 140, § 3.
S.D. Codified Laws § 1-26A-9 — SD Code / Title 1 / Chapter 26A / Section 1-26A-9
References to Administrative Rules
Status: in_force

Any reference to the Administrative Rules of South Dakota in the South Dakota Codified Laws or in the Administrative Rules of South Dakota shall be construed to be a reference to the administrative rules published pursuant to § 1-26A-2 .

Source: SL 1981, ch 9, § 4; SL 2012, ch 8, § 6.
S.D. Codified Laws § 1-33-26 — SD Code / Title 1 / Chapter 33 / Section 1-33-26
1-33-26. Creation of Office of Digital Dakota Network--Purposes--Policies and rules
Status: in_force

There is hereby created within the Bureau of Information and Technology an Office of Digital Dakota Network for the purposes of advising the commissioner of the Bureau of Information and Technology in identifying statewide video telecommunications network options, creating a telecommunications network, providing cost-effective services for education, government, business, and rural economic development, ensuring network uses are consistent with the best interests of the state and network users. The Bureau of Information and Technology shall establish policies and rules to implement the Digital Dakota Network.
S.D. Codified Laws § 1-15-23 — SD Code / Title 1 / Chapter 15 / Section 1-15-23
Investigatory powers of secretary
Status: in_force

The secretary of corrections may inquire into and examine the condition of the institutions under the department's control, financially or otherwise; inquire and examine into their methods of instruction and government and management of their inmates, the official conduct of all officers and employees of the same, the condition of the buildings, grounds, and other property connected therewith, and into all other matters pertaining to their usefulness and good management. For these purposes the secretary shall have free access to the grounds, buildings, and all books and papers relating to such institutions, and all persons in any manner connected with the same shall give such information and afford such facilities for inspection as the secretary may require, and any neglect or refusal on the part of any officer, employee, or person connected with such institutions to comply with the requirements of this section shall be sufficient cause for his removal. The secretary may administer oaths and examine any person in relation to any matter connected with the inquiries authorized by this chapter.

Source: SDC 1939, §§ 55.1712, 55.1717; SL 1989, ch 20, § 39.
S.D. Codified Laws § 1-33-8.13 — SD Code / Title 1 / Chapter 33 / Section 1-33-8.13
Central office supply program--Supply internal service fund
Status: in_force

The Bureau of Human Resources and Administration may provide a central supply program for the purpose of supplying office materials to the various departments of state government. There is created a supply internal service fund. The payment for supplies purchased for the various departments shall be made once each month to the supply internal service fund.

Source: SL 2011, ch 2, § 93; SDCL § 1-14-19; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-16A-27 — SD Code / Title 1 / Chapter 16A / Section 1-16A-27
Duration of leases--Rentals required
Status: in_force

Any lease of the facilities entered into pursuant to the provisions of this chapter shall be for a term not shorter than the longest maturity of any bonds issued to finance such facilities or a portion thereof and shall provide for rentals adequate to pay principal and interest on such bonds as the same fall due and to create and maintain such reserves and accounts for depreciation as the authority shall determine to be necessary.

Source: SL 1972, ch 10, § 8.
S.D. Codified Laws § 1-26-4 — SD Code / Title 1 / Chapter 26 / Section 1-26-4
Permanent rulemaking procedure--Notice, filings, service, and hearing--Extension--Waiver
Status: in_force

The following notice, service, and public hearing procedure must be used to adopt, amend, or repeal a permanent rule:

(1) An agency shall serve a copy of a proposed rule, the regulatory impact analysis required by § 1-26-4.11 , and any publication described in § 1-26-6.6 , upon the departmental secretary, bureau commissioner, public utilities commissioner, or constitutional officer to which it is attached for the secretary's, commissioner's, or officer's written approval to proceed;

(2) After receiving the written approval of the secretary, commissioner, or officer to proceed, and at least twenty days before the public hearing to adopt the proposed rule, the agency shall:

(a) Serve code counsel with a copy of the proposed rule, any publication described in § 1-26-6.6 , the fiscal note required by § 1-26-4.2 , any housing cost impact statement required by § 1-26-2.3 , the agency financial resource information required by § 1-26-4.8 , the notice of hearing required by § 1-26-4.1 , and the regulatory impact analysis required by § 1-26-4.11 . Any publication described in § 1-26-6.6 must be returned to the agency upon completion of the code counsel's review and retained by the agency; and

(b) Serve the commissioner of the Bureau of Finance and Management with a copy of the proposed rule, the fiscal note required by § 1-26-4.2 , any housing cost impact statement required by § 1-26-2.3 , the agency financial resource information required by § 1-26-4.8 , the notice of hearing required by § 1-26-4.1 , and the regulatory impact analysis required by § 1-26-4.11 ;

(3) At least twenty days before the public hearing, the agency shall:

(a) Publish the notice of hearing in the manner prescribed by § 1-26-4.1 ; and

(b) Publish, on a single website designated by the Governor and maintained by the executive department, a copy of the proposed rule, any housing cost impact statement required by § 1-26-2.3 , the notice of hearing required by § 1-26-4.1 , the fiscal note required by § 1-26-4.2 , and the regulatory impact analysis required by § 1-26-4.11 ;

(4) After reviewing the proposed rule pursuant to § 1-26-6.5 , code counsel shall advise the agency of any recommended corrections to the proposed rule and whether the proposed rule is a major rule. If the agency does not concur with any recommendation of code counsel, the agency may appeal the recommended correction to the Interim Rules Review Committee for appropriate action;

(5) The agency shall afford all interested persons reasonable opportunity to submit amendments, data, opinions, or arguments at a public hearing held to adopt the rule. The hearing may be continued from time to time. The agency shall keep minutes of the hearing. A majority of the members of any board or commission authorized to pass rules must be present during the course of the public hearing;

(6) If the authority promulgating the rule is a secretary, commissioner, or officer, the agency shall accept written comments regarding the proposed rule for a period of ten days after the public hearing. If the authority promulgating the rule is a board, commission, committee, or task force, each interested person must submit written comments at least seventy-two hours before the public hearing. The seventy-two hours does not include the day of the public hearing. The written comments may be submitted by mail or email. The record of written comments may be closed at the conclusion of the public hearing. The hearing may be continued for the purpose of taking additional comments;

(7) After the written comment period, the agency shall consider all amendments, data, opinions, or arguments regarding the proposed rule. A proposed rule may be modified or amended at this time to include or exclude matters that were described in the notice of hearing; and

(8) The agency shall, at least seven days before the agency appears before the Interim Rules Review Committee to present the rules:

(a) Serve the minutes of the hearing, a complete record of written comments, any housing cost impact statement, the fiscal note, the agency financial resource information required by § 1-26-4.8 , the regulatory impact analysis required by § 1-26-4.11 , and a corrected copy of the rule on the members of the Interim Rules Review Committee and on code counsel; and

(b) Publish, to the website referenced in subsection (3)(b) of this section, code counsel's advisement referenced in subdivision (4), the minutes of the public hearing referenced in subdivision (5), the agency financial resource information required by § 1-26-4.8 , the corrected copy of the rule referenced in subsection (8)(a), and any update to the regulatory impact analysis required by § 1-26-4.11 .

The time periods specified in this section may be extended by the agency. The requirement to serve the committee and code counsel within the time limit specified in subdivision (8) may be waived by the committee chair, if the agency presents sufficient reasons to the committee chair that the agency is unable to comply with the time limit. The waiver may not be granted solely for the convenience of the agency.

Source: SL 1966, ch 159, § 3; SL 1972, ch 8, § 5; SL 1974, ch 16, § 4; SL 1975, ch 16, § 10; SL 1975, ch 18; SL 1976, ch 15, § 1; SL 1976, ch 27, § 2; SL 1977, ch 13, § 3; SL 1978, ch 13, § 1; SL 1979, ch 8, § 1; SL 1981, ch 8; SL 1986, ch 20, § 1; SL 1989, ch 16, § 3; SL 1996, ch 11, § 1; SL 1997, ch 10, § 1; SL 1998, ch 9, § 1; SL 2001, ch 11, § 1; SL 2002, ch 15, § 1; SL 2004, ch 20, § 3; SL 2005, ch 18, § 1; SL 2009, ch 9, § 2; SL 2017, ch 7, § 2; SL 2021, ch 10, § 2; SL 2024, ch 8, § 1; SL 2025, ch 9, § 6; SL 2026, ch 7, § 3; SL 2026, ch 8, § 1; SL 2026, ch 9, § 1.
S.D. Codified Laws § 1-53-37 — SD Code / Title 1 / Chapter 53 / Section 1-53-37
Promulgation of rules--Value-added agriculture subfund
Status: in_force

In connection with the administration of the value added agriculture subfund, the Board of Economic Development may, pursuant to chapter 1-26 , promulgate rules the board determines are necessary to implement the purposes of §§ 1-53-34 to 1-53-36 , inclusive, including:

(1) Setting the application procedures for those who apply for loans or grants from the value added agriculture subfund;

(2) Establishing criteria to determine which applicants will receive such loans or grants;

(3) Governing the use of proceeds of such loans or grants;

(4) Establishing criteria for the terms and conditions upon which such loans or grants shall be made, including the terms of security given, if any, to secure such loans; and

(5) Governing the use of proceeds by lenders of funds advanced to the lenders by the Board of Economic Development including the terms and conditions upon which the proceeds shall be loaned to borrowers for the purposes described in §§ 1-53-34 to 1-53-36 , inclusive.

Source: SL 2013, ch 192, § 9; SDCL § 38-6-16; SL 2019, ch 235 (Ex. Ord. 19-1), § 57, eff. Apr. 14, 2019; SL 2020, ch 4, § 23.
S.D. Codified Laws § 1-18-18 — SD Code / Title 1 / Chapter 18 / Section 1-18-18
Trustees--President--Vice-president--Terms
Status: in_force

There shall be elected biennially, by the board of trustees, a president and vice - president, who shall hold their respective offices for a term of two years and until their successors are duly chosen.

Source: SDC 1939, § 29.0116; SL 2021, ch 7, § 16.
S.D. Codified Laws § 1-15-1.4 — SD Code / Title 1 / Chapter 15 / Section 1-15-1.4
Agencies and programs under department control
Status: in_force

The Department of Corrections, under the direction and control of the secretary of corrections, shall govern the juvenile corrections programs established subject to § 26-11A-1 , the state penitentiary, and other state correctional facilities, parole services, the Board of Pardons and Paroles, and such other agencies as may be created by statute, executive order, and administrative action and placed under the Department of Corrections.

Source: SL 1989, ch 20, § 3; SL 1991, ch 7, § 1; SL 2004, ch 168, § 74.
S.D. Codified Laws § 1-21-14 — SD Code / Title 1 / Chapter 21 / Section 1-21-14
Receipt and disbursement of funds
Status: in_force

All sums received for admissions, concessions, and privileges, or for any purpose, by the secretary of agriculture and natural resources, shall be placed in the state fair fund and shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor upon vouchers approved by the secretary of agriculture and natural resources.

Source: SDC 1939, § 55.4607; SL 1949, ch 226, § 1; SL 1964, ch 164, § 2; SL 1973, ch 6; SL 1984, ch 7; SL 2001, ch 10, § 3; SL 2003, ch 16, § 9; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-18B-4 — SD Code / Title 1 / Chapter 18B / Section 1-18B-4
Board--Expenditures
Status: in_force

The State Historical Society Board of Trustees may expend such funds as are made available to it for the purposes assigned to it by law. Such expenditures shall be made in accordance with the laws of the state and paid out on vouchers signed by the director.

Source: SL 1974, ch 9, § 4; SL 2009, ch 1, § 39; SL 2021, ch 7, § 25.
S.D. Codified Laws § 1-53-8 — SD Code / Title 1 / Chapter 53 / Section 1-53-8
Board of Economic Development transferred
Status: transferred

The Board of Economic Development created by Chapter 1-16G and its functions are transferred to the Governor's Office of Economic Development. The commissioner of the Governor's Office of Economic Development shall perform the functions of the former secretary of the Department of Tourism and State Development relating to the activities of the Board of Economic Development.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 62, eff. Apr. 17, 2003; SDCL § 1-52-5 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 61, 125, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-33-35 — SD Code / Title 1 / Chapter 33 / Section 1-33-35
1-33-35. Operation of network by Bureau of Information and Technology
Status: in_force

Operation of the Digital Dakota Network including design of a video network structure compatible with the existing telecommunications infrastructure, the administration of a billing service system for users of the network and issues related to operation of the network shall continue to be the responsibility of the Bureau of Information and Technology pursuant to chapter 1-33 .
S.D. Codified Laws § 1-53-3 — SD Code / Title 1 / Chapter 53 / Section 1-53-3
Purpose of Governor's Office of Economic Development
Status: in_force

The Governor's Office of Economic Development shall forge a private-public partnership among state government, local communities, higher education, and the private sector to create jobs that create goods and services for use within the state and for export outside the state, which results in the creation of new wealth.

Source: SL 1987, ch 390 (Ex. Ord. 87-1), § 32; SDCL § 1-33-18 ; SL 2005, ch 10, § 14; SDCL § 1-52-3.2 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 56, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-36A-27 — SD Code / Title 1 / Chapter 36A / Section 1-36A-27
Records required--Improper use of names or information concerning persons applying for assistance
Status: in_force

The adult services and aging programs shall keep such records as may be required by law or federal regulations. All applications and records concerning any applicant or recipient are confidential. Except for purposes directly connected with the administration of the adult services and aging program and in accordance with the rules of the department, no person may solicit, disclose, or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any lists or names of, or any information concerning, persons applying for or receiving public assistance, derived from the records, papers, files, or communications of the department acquired in the course of the performance of official duties.

Source: SL 1987, ch 200, § 3; SL 1988, ch 219; SL 2004, ch 167, § 31; SDCL § 28-1-45.1; SL 2017, ch 230 (Ex. Ord. 17-1 ), § 27, eff. Apr. 13, 2017.
S.D. Codified Laws § 1-19A-8 — SD Code / Title 1 / Chapter 19A / Section 1-19A-8
Qualification for federal aid
Status: in_force

The South Dakota State Historical Society shall undertake the procedures necessary to qualify the state for participation in sources of federal aid for historic preservation purposes.

Source: SL 1973, ch 14, § 5 (5); SL 2009, ch 1, § 58; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-51-7 — SD Code / Title 1 / Chapter 51 / Section 1-51-7
Office of State Radio transferred
Status: transferred

The Office of State Radio, Bureau of Information and Telecommunications, and its functions are transferred to the Department of Public Safety created by Executive Reorganization Order 03-1. The secretary of the Department of Public Safety shall perform the functions of the commissioner of information and telecommunications, relating to the Office of State Radio.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 71, eff. Apr. 17, 2003.
S.D. Codified Laws § 1-55-5 — SD Code / Title 1 / Chapter 55 / Section 1-55-5
Transfer of recovered moneys to referring entity--Proration of insufficient amounts--Order of debt collection
Status: in_force

The center shall transfer any other moneys collected from a debtor to the referring entity within thirty days after the end of the month in which the moneys were collected. If the amount collected is less than the principal amount of the debt referred to the center and the cost recovery fee imposed by this chapter, the amount collected shall be prorated between the principal amount of the debt referred and the cost recovery fee.

If more than one referring entity has referred a debt to the center regarding the same debtor, or if the same referring entity has referred multiple debts to the office regarding the same debtor, the center shall collect the first referred debt before proceeding to the collection of the subsequent referred debt in the order referred.

Source: SL 2015, ch 14, § 5.
S.D. Codified Laws § 1-22-9 — SD Code / Title 1 / Chapter 22 / Section 1-22-9
Definitions
Status: in_force

Terms used in §§ 1-22-9 to 1-22-17 , inclusive, mean:

(1) "Acquisition," includes acquisition by purchase, lease, or commission;

(2) "Architect," any person or firm retained to design or prepare plans or specifications for any part of the public construction project, including landscape, interior, electrical, plumbing, heating, utility, engineering, or fixture design;

(3) "Art," "artwork," or "works of art," include frescoes, mosaics, sculpture, drawing, painting, photography, calligraphy, graphic art, stained glass, wall hangings, tapestries, fountains, ornamental gateways, monuments, displays, architectural embellishments, crafts, architectural landscaping, or any work of mixed media by an artist, artisan, or craftsperson;

(4) "Artist," includes any practitioner generally recognized by his or her peers or by critics as a professional who produces works of art. This term does not include the architect of the building under construction or any member of the architect's firm;

(5) "Construction, remodeling, or renovation cost," any cost expended for the actual construction, remodeling, or renovation of a state building, exclusive of the costs of land acquisition;

(6) "Council," Office of the Arts/South Dakota Arts Council;

(7) "State agency," or "state department," the agency of state government to which funds have been appropriated or allocated by the Legislature for the construction, remodeling, or renovation of any state building;

(8) "State building," includes any permanent structure together with any grounds and appurtenant structures which are intended to act as offices, laboratories, workshops, courtrooms, hearing or meeting rooms, storage rooms, or other space for carrying on the functions of a state agency; or auditoriums, meetings rooms, classrooms or other educational facilities, or eating, sleeping, medical, dental, library, or museum space for use by the general public. This term does not include public highways, bridges, sewers, fish ponds, fish hatcheries, service facilities at state parks and highway rest areas, correctional facilities, or separate buildings, not part of a larger construction project, which are intended as storage, warehouse, or maintenance and repair facilities;

(9) "User," the state agency having principal administrative responsibility for the actual utilization of a state building.

Source: SL 1989, ch 14, § 1; SL 1990, ch 16, § 1; SL 2009, ch 1, § 117.
S.D. Codified Laws § 1-32-13 — SD Code / Title 1 / Chapter 32 / Section 1-32-13
Bondholders' and contractual rights preserved
Status: in_force

The rights, privileges, and duties of the holders of bonds and other obligations issued, and of the parties to contracts, leases, indentures, and other transactions entered into by the state or by any agency, officer, or employee thereof before the transfer of the functions of an agency or the abolition of an agency in chapters 1-32 to 1-47 , inclusive, and covenants and agreements as set forth therein, remain in effect, and none of those rights, privileges, duties, covenants, or agreements is impaired or diminished by reason of such transfer or abolition. The department or unit which succeeds to the functions of an agency is substituted for that agency and succeeds to its rights and duties under the provisions of those bonds, contracts, leases, indentures, and other transactions.

Source: SL 1973, ch 2, § 293; SL 1980, ch 26, § 6.
S.D. Codified Laws § 1-54-19 — SD Code / Title 1 / Chapter 54 / Section 1-54-19
Grant recipient reports--Access to facilities and records
Status: in_force

Each grant recipient shall submit grant status reports to the department on a quarterly basis, and a final grant report including data related to the implementation of the project. The department shall determine the details required in the reports and the deadlines for report submissions. Each grant recipient shall provide the department with reasonable access to facilities and records that may be necessary for the department to determine compliance with the terms of the grant and all the requirements of §§ 1-54-13 to 1-54-20 , inclusive.

Source: SL 2016, ch 86, § 7; SDCL § 13-14-22 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 29, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-5-1.2 — SD Code / Title 1 / Chapter 5 / Section 1-5-1.2
Native Americans' Day established
Status: in_force

The second Monday in October, to be known as Native Americans' Day, shall be observed in this state as a legal holiday. Native Americans' Day is dedicated to the remembrance of the great Native American leaders who contributed so much to the history of our state.

Source: SL 1990, ch 7, § 2.
S.D. Codified Laws § 1-16J-18 — SD Code / Title 1 / Chapter 16J / Section 1-16J-18
Exemption of documentary material and data from disclosure--Consideration by authority in executive session
Status: in_force

Any documentary material or data made or received by the authority for purposes under this chapter, to the extent that such material or data consists of trade secrets, scientific or technical secrets, matters involving national security, or commercial or financial information regarding the operation of a business, may not be considered public records, and are exempt from disclosure. Any discussion or consideration of such information, any discussion of personnel matters, and any discussion of strategy related to any contract negotiation, may be held by the authority in executive session.

Source: SL 2009, ch 8, § 18.
S.D. Codified Laws § 1-33B-20 — SD Code / Title 1 / Chapter 33B / Section 1-33B-20
Loans for analysis and installation of energy conservation measures
Status: in_force

The Governor's Office of Economic Development may make loans, leases, or grants for the purposes of conducting technical analyses of facilities to determine appropriate energy conservation measures and to install such energy conservation measures and leased equipment as are approved under applicability rules as may be established for the program.

Source: SL 1991, ch 16, § 8; SL 1994, ch 410 (Ex. Ord. 93-9), § 17.
S.D. Codified Laws § 1-16H-11 — SD Code / Title 1 / Chapter 16H / Section 1-16H-11
Quorum--Vote required for action
Status: in_force

A majority of the voting members of the board constitutes a quorum for the transaction of business. Any official act of the authority requires the affirmative vote of at least four voting members of the board at a meeting of the board at which the members casting those affirmative votes are present.

Source: SL 2004, ch 15, § 11, eff. Feb. 11, 2004; SL 2009, ch 1, § 22; SL 2014, ch 8, § 3.
S.D. Codified Laws § 1-6-17 — SD Code / Title 1 / Chapter 6 / Section 1-6-17
Minting and promotion of commemorative medallions, bullion pieces and jewelry--Metals produced out-of-state--Commemorative medallion jewelry
Status: in_force

The Bureau of Human Resources and Administration may contract or otherwise arrange for the minting and promotion of South Dakota commemorative medallions, bullion pieces, and commemorative medallion jewelry in amounts and sizes it considers appropriate. Commemorative medallions and bullion may be minted in or outside of South Dakota from South Dakota produced gold or silver or nonprecious metals. Commemorative medallions, bullion, and commemorative medallion jewelry may be minted from gold, silver, or nonprecious metals produced outside of South Dakota only in the event that South Dakota producers are unable to supply the required demand and then only for that period of time until South Dakota producers are again able to meet the demand. The bureau may also arrange for the production and marketing of commemorative medallion jewelry made of precious metals.

Source: SL 1986, ch 9, § 1; SL 1987, ch 3, § 4; SL 1988, ch 5, § 4; SL 1996, ch 4, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-49-6 — SD Code / Title 1 / Chapter 49 / Section 1-49-6
Copies of laboratory results as evidence
Status: in_force

A copy of the results of any examination or analysis of any product or article by the State Public Health Laboratory, duly authenticated by the analyst, is prima facie evidence in all courts of the matters and facts contained in the examination or analysis.

Source: SL 1985, ch 283, § 6; SL 2019, ch 11, § 6.
S.D. Codified Laws § 1-19B-16 — SD Code / Title 1 / Chapter 19B / Section 1-19B-16
Acquisition of historical easements
Status: in_force

Any county or municipality may acquire, by purchase, donation, or condemnation, historic easements in any area within its respective jurisdiction wherever and to the extent that the governing body of the county or municipality determines the acquisition to be in the public interest. For the purpose of this section, the term, historic easement, means any easement, restriction, covenant, or condition running with the land, designated to preserve, maintain, or enhance all or part of the existing state of places of historical, architectural, archaeological, paleontological, or cultural significance.

Source: SL 1974, ch 21, § 14; SL 1980, ch 12, § 6; SL 2009, ch 1, § 78.
S.D. Codified Laws § 1-33B-1 — SD Code / Title 1 / Chapter 33B / Section 1-33B-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Cost-effective" or "cost-effectiveness," that the sum of guaranteed cost savings are equal to or exceed any financing repayment obligation each year of a finance term;

(2) "Cost-saving measure," a cost-effective improvement, repair, or alteration of equipment fixtures, or furnishings added to or used in a facility that is designed to reduce energy consumption, water consumption, or operation and maintenance costs. The term also includes vehicle acquisitions, changes to utility rate or tariff schedules, or fuel source changes that result in costs savings;

(3) "Energy performance contract," a contract between a governmental unit and a qualified energy service provider for evaluation, recommendation, and implementation of one or more cost-saving measures, evaluation of cost-effectiveness, and guaranteed cost savings;

(4) "Finance term," the length of time for repayment of funds borrowed for an energy performance contract;

(5) "Governmental unit," state government or any political subdivision of the state;

(6) "Guarantee period," the period of time from the effective date of a contract until guaranteed cost savings are achieved;

(7) "Operation and maintenance cost savings," a measurable decrease in operation and maintenance costs as a direct result of cost-saving measures, calculated using baseline operation and maintenance costs. The term does not include the shifting of personnel costs or similar short-term cost savings that cannot be definitively measured;

(8) "Qualified energy service provider" or "provider," a person, business, or state agency with experience in the design, implementation, or installation of cost saving measures, who can demonstrate the financial capabilities of completing the obligations stipulated to in an energy performance contract;

(9) "Utility cost savings," expenses for utilities that are eliminated or avoided on a long-term basis as a result of equipment installed or modified, or services performed by a qualified energy service provider. The term includes expenses for natural gas, propane or similar fuels, electricity, water, waste water, and waste disposal.

Source: SL 1992, ch 14, § 1; SL 2016, ch 14, § 1.
S.D. Codified Laws § 1-33-57 — SD Code / Title 1 / Chapter 33 / Section 1-33-57
Functions, authorities, and positions of the Office of Educational Telecommunications transferred
Status: transferred

The functions, authorities, and positions of the Office of Educational Telecommunications, provided in chapter 13-47 , are hereby transferred to the Bureau of Information and Technology.

Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 22; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-53-4 — SD Code / Title 1 / Chapter 53 / Section 1-53-4
Functions of Governor's Office of Economic Development
Status: in_force

The Governor's Office of Economic Development shall perform the following functions to seek new employment opportunities, strengthen existing employment opportunities, and spawn new and innovative economic development opportunities:

(1) To attract to South Dakota those business enterprises or those subsidiaries or satellite operations that can benefit from our favorable business environment.

(2) To assist in the expansion and diversification of existing businesses.

(3) To encourage and facilitate the initiation of new enterprises and development of new products that respond to identifiable markets.

(4) To establish a viable basis of financing business operations with a substantial venture capital fund, managed effectively, and with the flexibility that will permit application to funding needs of start-up, expansion, and production.

(5) To recognize markets that can be expanded and to discover new markets for agricultural products, manufactured goods, and services.

(6) To promote, by every possible means, all forms of goods and services, agricultural products, processing and packaging to maximize value added before delivery to national or international markets.

(7) To coordinate and exploit the capabilities that exist at the several public and private institutions of higher education and to encourage the development of new processes and technology through expanded programs of research.

(8) To take full advantage of the associations, the public and private organizations, the financial institutions and the governmental entities that exist at the local or community level in implementing programs and in accomplishing specific functions or tasks.

(9) To respond to opportunities that may develop and to meet such other responsibilities as may be assigned by executive or legislative direction.

Source: SL 1987, ch 390 (Ex. Ord. 87-1), § 33; SDCL § 1-33-19; SL 2005, ch 10, § 15; SDCL § 1-52-3.3; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 56, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-16B-28 — SD Code / Title 1 / Chapter 16B / Section 1-16B-28
Incidental powers of trustee
Status: in_force

The trustee may also exercise any functions specifically set forth in this chapter or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights.

Source: SL 1978, ch 9, § 24.
S.D. Codified Laws § 1-44-16 — SD Code / Title 1 / Chapter 44 / Section 1-44-16
Contracts for tourism promotion programs
Status: in_force

The Department of Transportation shall contract annually with the Tourism Department and with this department only for the conduct of any and all tourism promotion programs to be undertaken by the Department of Transportation.

Source: SL 1973, ch 2, § 207; SL 1984, ch 207, § 11.
S.D. Codified Laws § 1-16H-3 — SD Code / Title 1 / Chapter 16H / Section 1-16H-3
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Authority," the South Dakota Science and Technology Authority created by this chapter;

(2) "Board," the board of directors of the authority;

(3) "Project," any undertaking that includes surface and underground real and personal property, including mineral rights, water rights, facilities, buildings and other structures, improvements, machinery, parking facilities, and all other equipment or resources generally suitable for use in, developing, constructing, acquiring, improving, maintaining, or operating a facility or laboratory for scientific research or technological development. A project includes all site improvements and new construction for sidewalks, sewers, water facilities, solid waste and wastewater treatment and disposal sites, pollution control facilities, resource or waste reduction, recovery, treatment, and disposal facilities, parks, open spaces, wildlife sanctuaries, streets, highways, runways, hangars, and any other facilities or operations required for the development, construction, acquisition, improvement, maintenance, or operation of a facility or laboratory for scientific research or technological development;

(4) "Costs incurred in connection with the development, construction, acquisition, improvement, maintenance, operation, or decommissioning of a project," includes the following: the cost of purchase of liability, indemnification, and other insurance or other risk - reduction or risk - transfer mechanisms necessary in order to acquire the facilities or property necessary for a project, or to maintain and operate a project; the cost of purchase and construction of all real and personal property and related improvements, together with the equipment and other property, water rights, mineral rights, and easements acquired that are deemed necessary for the construction of the project; financing charges; interest costs with respect to revenue bonds, notes, and other evidences of indebtedness of the authority prior to and during initial construction and for a period of thirty - six months thereafter; engineering and legal expenses; the costs of plans, specifications, surveys, and estimates of costs and other expenses necessary or incident to determining the feasibility or practicability of any project; and such other expenses as may be necessary or incident to the financing, insuring, development, construction, acquisition, improvement, maintenance, operation, or decommissioning of a specific project;

(5) "Financial aid," funds or in - kind contributions or donations from any source, including grants, and also the expenditure of authority funds or funds provided by the authority through the issuance of its revenue bonds, notes, or other evidences of indebtedness for the development, construction, acquisition, improvement, maintenance, operation, or decommissioning of a project;

(6) "Governmental agency," any federal, state, or local governmental body, and any agency or instrumentality thereof, corporate or otherwise;

(7) "Lease agreement," an agreement under which a project is leased to any person, governmental agency, foundation, or entity that will use or cause the project to be used as a project upon such terms as may be deemed desirable by the authority, including providing for lease rental payments at least sufficient to pay when due the lessee's pro rata share of all principal of and interest and premium, if any, on any revenue bonds, notes, or other evidences of indebtedness of the authority issued with respect to the project, providing for the maintenance, insurance, operation, and decommissioning of the project on terms satisfactory to the authority, and providing for disposition of the project upon termination of the lease term, including purchase options or abandonment of the premises;

(8) "Financing agreement," any agreement by which the authority agrees to loan or grant its funds, including the proceeds of its revenue bonds, notes, or other evidences of indebtedness issued with respect to a project to any person or governmental agency that will use or operate the project upon terms providing for loan repayment installments at least sufficient to pay when due the borrower's pro rata share of all principal and interest and premium, if any, on any revenue bonds, notes, or other evidences of indebtedness of the authority issued with respect to the project, providing for construction, maintenance, insurance, operation, and decommissioning of the project on terms satisfactory to the authority, and providing for other matters as may be deemed advisable by the authority;

(9) "Person," includes, without limitation, an individual, corporation, limited liability company, unincorporated association, foundation, partnership, limited liability partnership, and any other legal entity, including a trustee, receiver, assignee, or personal representative of the entity;

(10) "Revenue bond" or "bond," any bond issued by the authority, the principal and interest of which are payable solely from revenues or income derived from any project or activity of the authority.

Source: SL 2004, ch 15, § 3.
S.D. Codified Laws § 1-41-25.3 — SD Code / Title 1 / Chapter 41 / Section 1-41-25.3
Use of environmental audit as defense
Status: in_force

An environmental audit may not be used as a defense to a civil or criminal action if a regulated entity:

(1) Has willfully and with knowledge violated state or federal environmental law, rule, regulation, or permit;

(2) Has established a pattern of repeatedly violating environmental law, rule, regulation, permit, order, or compliance schedule within the two years prior to the date of the disclosure;

(3) Has not corrected the violations within sixty days of discovery or according to the negotiated compliance schedule described in §§ 1-41-25 to 1-41-25 .4, inclusive; or

(4) Has been issued a notice of violation resulting in the assessment of a civil penalty within two years before the date of disclosure.

Source: SL 1996, ch 18, § 4; SDCL § 1-40-36; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-33-43 — SD Code / Title 1 / Chapter 33 / Section 1-33-43
Functions of Bureau of Information and Technology
Status: in_force

The Bureau of Information and Technology shall perform functions to include:

(1) Providing technical and management assistance to state agencies and institutions as to systems or methods to be used to meet information and communication requirements efficiently and effectively;

(2) Developing and proposing operational technical standards for the state information systems which will ensure the interconnection of computer networks and information of state agencies;

(3) Purchasing from, or contracting with, suppliers and communications common carriers for communications facilities or services;

(4) Cooperating with any federal, state, or local emergency management agency in providing for emergency communication and information services;

(5) Providing, where deemed feasible, a means whereby local governmental agencies, the association authorized by § 13-8-10.1 , and the school administrators of South Dakota may utilize the state communication and information systems and service;

(6) In cooperation with the appropriate state agencies, plan, design, and conduct experiments in information services, equipment, and technology, and to implement enhancements in the state information system; and

(7) Providing, where deemed feasible, any tribally controlled school or Bureau of Indian Education school a means to utilize the state communication and information systems and service at the school's expense and purchase bandwidth at the same rate as other agencies listed in this chapter.

Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 29; SL 1999, ch 227, § 11; SL 2018, ch 15, § 1; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-37-1 — SD Code / Title 1 / Chapter 37 / Section 1-37-1
Department of Labor and Regulation created--Secretary as head
Status: in_force

There is hereby created a Department of Labor and Regulation. The head of the Department of Labor and Regulation is the secretary of labor and regulation who shall be appointed and serve pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, § 9.

Source: SL 1973, ch 2, § 87; SL 1975, ch 5, § 13; SL 2008, ch 276, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 32, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-19B-50 — SD Code / Title 1 / Chapter 19B / Section 1-19B-50
Appeal to circuit court by applicant for certificate
Status: in_force

Any applicant aggrieved by a determination of the Historic District Commission may appeal to the circuit court for the county in which the land concerned is situated.

Source: SL 1974, ch 21, § 11.
S.D. Codified Laws § 1-16B-18 — SD Code / Title 1 / Chapter 16B / Section 1-16B-18
Terms of notes and bonds--Maturity--Interest--Registration--Redemption--Sale
Status: in_force

Notes and bonds shall be authorized by resolution of the authority, shall bear the dates and shall mature at the times the resolution provides, except that no bond may mature more than twenty years from the date of its issue. The bonds may be issued as serial bonds payable in annual installments, or as term bonds, or as a combination thereof. The notes and bonds shall bear interest at the rate, be in denominations, be either coupon or registered, carry registration privileges, be executed in the manner, be payable in the medium of payment and at the place, and be subject to the terms of redemption that the resolution provides. The notes and bonds of the authority may be sold by the authority at public or private sale at the price determined by the authority.

Source: SL 1978, ch 9, § 12; SL 2009, ch 1, § 9.
S.D. Codified Laws § 1-44-5 — SD Code / Title 1 / Chapter 44 / Section 1-44-5
Geographic areas represented on Transportation Commission
Status: in_force

Members of the Transportation Commission shall be appointed to represent geographic population areas as follows:

(1) Two members from area 1, consisting of the counties of Beadle, Brookings, Brown, Clark, Codington, Day, Deuel, Edmunds, Faulk, Grant, Hamlin, Hand, Hyde, Kingsbury, Marshall, McPherson, Roberts, and Spink;

(2) Three members from area 2, consisting of the counties of Aurora, Bon Homme, Brule, Buffalo, Charles Mix, Clay, Davison, Douglas, Gregory, Hanson, Hutchinson, Jerauld, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, and Yankton;

(3) Two members from area 3, consisting of the counties of Bennett, Campbell, Corson, Dewey, Haakon, Hughes, Jackson, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, Tripp, Walworth, and Ziebach;

(4) Two members from area 4, consisting of the counties of Butte, Custer, Fall River, Harding, Lawrence, Meade, Oglala Lakota, Pennington, and Perkins.

A member shall at all times during each respective appointment be a resident of such area.

Source: SL 1973, ch 184, § 3; SL 1979, ch 355, § 19; SL 1983, ch 391, § 18; SL 1987, ch 391 (Ex. Ord. 87-2), § 17; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
S.D. Codified Laws § 1-16H-12 — SD Code / Title 1 / Chapter 16H / Section 1-16H-12
Business interests not disqualification for membership--Abstention where conflict of interest
Status: in_force

Notwithstanding any other law to the contrary it is not a conflict of interest for a trustee, director, officer, or employee of any health institution, educational institution, financial institution, investment banking firm, brokerage firm, commercial bank or trust company, architectural firm, engineering firm, mining firm, insurance company, or any other firm, person, or corporation to serve as a member of the authority, if the trustee, director, officer, or employee abstains from deliberation, action, and vote by the authority in each instance where the business affiliation of any such trustee, director, officer, or employee is involved.

Source: SL 2004, ch 15, § 12.
S.D. Codified Laws § 1-6-16.10 — SD Code / Title 1 / Chapter 6 / Section 1-6-16.10
State nosh
Status: in_force

Chislic is hereby designated as the official nosh of South Dakota.

Source: SL 2018, ch 7, § 1.
S.D. Codified Laws § 1-24-13 — SD Code / Title 1 / Chapter 24 / Section 1-24-13
Resolution or ordinance authorizing payment of premiums pursuant to pool arrangement--Payment
Status: in_force

If a public agency participates in a pool arrangement which is funded by the health and educational facilities authority pursuant to § 1-24-14 , then the obligation to pay premiums and other amounts pursuant to such pool arrangement shall be sufficiently authorized and evidenced by a duly authorized resolution or ordinance approved and filed as provided by §§ 1-24-6 and 1-24-6.1 and no further proceedings, notice or approval may be required to evidence such obligations. On and after the date of such approval and filing, the obligation of any participating public agency to pay premiums or other obligations described in such resolution, ordinance or other instrument relating to the pool arrangement shall be deemed a noncancelable current expense for services rendered to and benefits received by such participating public agency in the year such premium or other obligations shall become payable notwithstanding the year in which such resolution, ordinance or other instrument relating to the pool arrangement was adopted or executed, and whether or not such obligations are supported by an irrepealable tax levy and whether or not such participating public agency has exercised any contractual right to cancel participation in the pool arrangement for any future fiscal year or portion thereof.

Source: SL 1991, ch 11, § 4.
S.D. Codified Laws § 1-11-6.1 — SD Code / Title 1 / Chapter 11 / Section 1-11-6.1
Antitrust special revenue fund created--Receipts
Status: in_force

There is hereby created in the state treasury a continuous "antitrust special revenue fund." This fund may receive funds paid to the State of South Dakota as a result of judgments or settlements of antitrust lawsuits.

Source: SL 1971, ch 11, § 1.
S.D. Codified Laws § 1-1-24 — SD Code / Title 1 / Chapter 1 / Section 1-1-24
Common law and law merchant applied--Evidence of common law
Status: in_force

The evidence of the common law, including the law merchant, is found in the decisions of the tribunals.

In this state the rules of the common law, including the rules of the law merchant, are in force, except where they conflict with the will of the sovereign power, expressed in the manner stated in § 1-1-23 .

Source: SDC 1939, § 65.0103.
S.D. Codified Laws § 1-6-6 — SD Code / Title 1 / Chapter 6 / Section 1-6-6
Sale and loan of state flags--Revolving account
Status: in_force

It shall be the duty of the Bureau of Human Resources and Administration to acquire, by purchase or otherwise, and to keep on hand at all times a sufficient quantity of the South Dakota state flags as specified in § 1-6-4 , for distribution, loan, or sale, as it may determine, in order to meet the demand therefor from various public, semipublic and private organizations or persons. All funds from the sale of such flags shall be covered into, and there is hereby created within the state treasury, a revolving account known as the special state flag account, from which payments shall be made by the bureau for the purchase of state flags and their replacements as it may deem sufficient from time to time. Requests for the loan of such state flags shall be filled under such rules and regulations as the bureau may establish.

Source: SL 1963, ch 419, § 2; SL 1966, ch 171; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-18-19 — SD Code / Title 1 / Chapter 18 / Section 1-18-19
President--Vice-president--Duties
Status: in_force

The president shall preside at all meetings of the historical society and of the board of trustees.

The vice-president shall discharge the duties of the president in the event of the president's absence or inability to act from any cause.

Source: SDC 1939, § 29.0119; SL 2009, ch 1, § 31; SL 2021, ch 7, § 17.
S.D. Codified Laws § 1-26B-12 — SD Code / Title 1 / Chapter 26B / Section 1-26B-12
Pending causes of action unaffected by termination of rules
Status: in_force

This chapter does not affect the right to institute or prosecute any cause of action by or against an agency if the cause of action accrued prior to the termination date of the rules of the agency. Any causes of action pending on the date that the rules of an agency are terminated, or instituted thereafter, shall be prosecuted or defended in the name of the state by the attorney general.

Source: SL 1978, ch 18, § 12; SL 1989, ch 18, § 11.
S.D. Codified Laws § 1-50-8 — SD Code / Title 1 / Chapter 50 / Section 1-50-8
Annual reporting fee schedules for SARA facilities--Maximum fee
Status: in_force

There is hereby imposed an annual reporting fee upon each facility required to report hazardous substances as provided in SARA, title III, sections 312 and 313 in accordance with the following schedule:

(1) SARA, title III, section 312--any facility required to report under this section shall submit only tier II forms to the State of South Dakota and the fee shall be based upon the number of chemicals or mixtures reported according to the following schedule:

facilities that report for 1 - 3 chemicals or mixtures .................... $50;

facilities that report for 4 - 9 chemicals or mixtures ................... $100;

facilities that report for 10 - 18 chemicals or mixtures ............... $200;

facilities that report for 19 or more chemicals or mixtures …... $300; and

(2) Toxics release inventory reporting facilities--any facility required to submit release information pursuant to section 313 of SARA title III shall be subject to a fee for each chemical reported. The amount shall be based upon the total amount of each chemical released to the air, land, water and off - site facilities in accordance with the following schedule:

0 - - 9,999 lbs per year ...............................................................$ 250

10,000 - - 19,999 lbs per year ................................................... $ 350

20,000 - - 29,999 lbs per year ................................................... $ 450

30,000 - - 39,999 lbs per year ................................................... $ 550

40,000 - - 49,999 lbs per year ................................................... $ 650

50,000 - - 74,999 lbs per year ................................................... $ 800

75,000 - - 99,999 lbs per year ................................................ $ 1,000

100,000 - - 249,999 lbs per year ............................................ $ 1,300

250,000 - - 499,999 lbs per year ............................................ $ 1,600

500,000 - - 749,999 lbs per year ............................................ $ 2,000

750,000 - - 999,999 lbs per year ............................................ $ 2,500

1,000,000 lbs or more per year ............................................. $ 3,000

The fee for all toxics release inventory chemicals reported may not exceed $3,000 per facility.

Source: SL 1992, ch 254, § 63; SDCL, § 34A-12-21; SL 1993, ch 257, § 1.
S.D. Codified Laws § 1-5-2 — SD Code / Title 1 / Chapter 5 / Section 1-5-2
Business and official acts permitted on holidays
Status: in_force

Any public or private business may be transacted or legal process or notices of any kind may be served or published on any of said days or next succeeding days designated herein as holidays, excepting Sundays, provided, that for good cause, a judge in whose court an action has been or is about to be brought, may endorse upon any process or notice permission to serve the same on Sunday, and if so endorsed, service thereof on Sunday shall be valid.

Source: SDC 1939, § 65.0404; SL 1941, ch 373; SL 1951, ch 470; SL 1953, ch 487, § 1; SL 1957, ch 498.
S.D. Codified Laws § 1-26-33.2 — SD Code / Title 1 / Chapter 26 / Section 1-26-33.2
Time for serving briefs
Status: in_force

Unless otherwise ordered by the circuit court, the appellant shall serve a brief within thirty days after the delivery of the transcript of the contested case hearing to counsel for the parties or to the parties if unrepresented by counsel or within thirty days after the agency record is transmitted to the circuit court pursuant to § 1-26-33 , whichever event occurs later. The appellee shall serve a brief within thirty days after the service of the brief of appellant, or in the case of multiple appellants, within thirty days after service of the last appellant's brief. The appellant may serve a reply brief within ten days after service of appellee's brief, or in the case of multiple appellees, within ten days after service of the last appellee's brief.

Source: Supreme Court Rule 82-35; Supreme Court Rule 89-4; SL 1999, ch 7, § 3; SL 2023, ch 212 (Supreme Court Rule 22-11), eff. Jan. 1, 2023.
S.D. Codified Laws § 1-16B-45 — SD Code / Title 1 / Chapter 16B / Section 1-16B-45
Pledge to United States not to impair powers of authority
Status: in_force

The State of South Dakota hereby pledges and agrees with the United States that if any federal agency constructs, loans, or contributes any funds to any development project, the state will not alter or limit the rights and powers of the authority in any manner inconsistent with the performance of any agreements between the authority and the federal agency, and the authority may continue to exercise all powers to carry out the purposes of this chapter.

Source: SL 1978, ch 9, § 35.
S.D. Codified Laws § 1-15-32 — SD Code / Title 1 / Chapter 15 / Section 1-15-32
Participation in international prisoner transfer treaties
Status: in_force

If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which the offenders are citizens or nationals, the Governor may, on behalf of the state and subject to the terms of the treaty, authorize the secretary of corrections to consent to the transfer or exchange of offenders under the jurisdiction of the Department of Corrections and take any other action necessary to initiate the participation of this state in the treaty.

Source: SL 1993, ch 9.
S.D. Codified Laws § 1-24-8 — SD Code / Title 1 / Chapter 24 / Section 1-24-8
Contracts for service by public agencies
Status: in_force

Any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which any public agency entering into the contract is authorized by law to perform; provided, however, that such contract shall be authorized by the governing body of each party to the contract. Such contract shall set forth fully the purposes, powers, rights, objectives, and responsibilities of the contracting parties.

Source: SL 1966, ch 187, § 9; SL 1974, ch 14, § 2.
S.D. Codified Laws § 1-33B-3.2 — SD Code / Title 1 / Chapter 33B / Section 1-33B-3.2
Investment-grade energy audit defined
Status: in_force

For the purposes of this chapter, the term, investment-grade energy audit, means a study of energy or water usage of a public building, including a detailed description of the improvements recommended for the project, the estimated cost of the improvements, and the utility, operation, and maintenance cost savings projected to result from the recommended improvements. The study shall contain all of the information required pursuant to § 1-33B-3 .

Source: SL 2016, ch 14, § 3.
S.D. Codified Laws § 1-36A-29.2 — SD Code / Title 1 / Chapter 36A / Section 1-36A-29.2
Disclosure of information--Status of referral
Status: in_force

Except as otherwise provided for in § 1-36A-29.1 , the Department of Human Services may disclose information to referring individuals and entities, for the purpose of relaying the status of their referral.

Source: SL 2024, ch 13, § 1.
S.D. Codified Laws § 1-27-1.18 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.18
Recommendations, findings, and reports of appointed working groups to be reported in open meeting--Action by governing body
Status: in_force

Any final recommendations, findings, or reports that result from a meeting of a committee, subcommittee, task force, or other working group which does not meet the definition of a political subdivision or public body pursuant to § 1-25-1 , but was appointed by the governing body, shall be reported in open meeting to the governing body which appointed the committee, subcommittee, task force, or other working group. The governing body shall delay taking any official action on the recommendations, findings, or reports until the next meeting of the governing body.

Source: SL 2010, ch 9, § 4.
S.D. Codified Laws § 1-53-15 — SD Code / Title 1 / Chapter 53 / Section 1-53-15
Small business credit initiative fund
Status: in_force

There is established within the state treasury a fund to be known as the small business credit initiative fund for the purpose of making loans for economic development as permitted by 12 U.S.C. Chapter 54 (2021).

Source: SL 2012, ch 15, § 1; SL 2022, ch 6, § 1.
S.D. Codified Laws § 1-20-26 — SD Code / Title 1 / Chapter 20 / Section 1-20-26
Cooperation with state archaeologist by public agencies
Status: in_force

All state agencies, departments, institutions, and commissions, as well as all counties and municipalities, shall cooperate fully with the state archaeologist in the preservation, protection, excavation, and evaluation of specimens and sites.

Source: SL 1974, ch 11, § 10.
S.D. Codified Laws § 1-41-13.1 — SD Code / Title 1 / Chapter 41 / Section 1-41-13.1
Performance of nonadministrative functions of conservancy district board
Status: in_force

The Board of Water and Natural Resources created by this chapter shall perform all quasi - legislative, quasi - judicial, advisory, and special budgetary functions (as defined in § 1-32-1 ) of the former board of directors of the South Dakota Conservancy District, created by chapter 46A-2 .

Source: SL 1973, ch 2, §§ 122, 123; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2004, ch 17, § 5; SDCL § 1-40-10; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-53-43 — SD Code / Title 1 / Chapter 53 / Section 1-53-43
Promulgation of rules on certified beef program
Status: in_force

The commissioner of the Governor's Office of Economic Development may by rule promulgated pursuant to chapter 1-26 , prescribe the following:

(1) Qualifications or conditions for using any intellectual property right, mark, or label of the South Dakota Certified beef program;

(2) Reasonable fees for licenses and services of the program, such fees to be reasonably commensurate with the cost of developing, administering, and marketing the program;

(3) License application procedures, the terms and conditions of any license, and any official form the secretary deems necessary and appropriate;

(4) Methods and means of conducting inspections, keeping records, and otherwise insuring program compliance by participants in the program; and

(5) Provisions to maintain the confidentiality of business information provided to the secretary by participants in the program.

Source: SL 2005, ch 218, § 6, eff. Mar. 8, 2005; SDCL § 39-24-6 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 63, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-44-1 — SD Code / Title 1 / Chapter 44 / Section 1-44-1
Department continued
Status: in_force

The Department of Transportation is hereby continued.

Source: SL 1973, ch 2, § 221.
S.D. Codified Laws § 1-27-14.2 — SD Code / Title 1 / Chapter 27 / Section 1-27-14.2
Transfer of jeopardized nonessential agency material to state archivist
Status: in_force

If any material of actual or potential archival significance is determined by a state agency to be at risk of destruction or deterioration, and the material is not essential to the conduct of daily business in the agency of origin, the agency head may transfer the records to the physical and legal custody of the state archivist if the archivist is willing and able to receive the records.

Source: SL 1975, ch 24, § 10; SL 2011, ch 2, § 26.
S.D. Codified Laws § 1-15-12 — SD Code / Title 1 / Chapter 15 / Section 1-15-12
Supplies not to be purchased from institution employees
Status: in_force

No supplies of any kind may be purchased for state institutions from any officer or employee of any state institution, or from any firm or corporation in which such officer or employee may be interested, and it is unlawful for the state auditor to allow any bills to any such officer, employee, or corporation or firm in which they may be interested, for any supplies of any kind or character for any state institution.

Source: SDC 1939, § 55.1709; SL 1989, ch 20, § 30.
S.D. Codified Laws § 1-11-17 — SD Code / Title 1 / Chapter 11 / Section 1-11-17
Statewide 24/7 sobriety program established
Status: in_force

There is hereby established a statewide 24/7 sobriety program to be administered by the Office of the Attorney General. The program shall coordinate efforts among various state and local government entities for the purpose of finding and implementing alternatives to incarceration for certain offenses that involve driving under the influence and other offenses involving alcohol, marijuana, or controlled substances.

Source: SL 2007, ch 4, § 1.
S.D. Codified Laws § 1-5-16 — SD Code / Title 1 / Chapter 5 / Section 1-5-16
Day of the American Cowboy
Status: in_force

The fourth Saturday of July shall be known as Day of the American Cowboy. Day of the American Cowboy is dedicated to the protection, preservation, and promotion of the cowboy and Western heritage of the State of South Dakota, and honoring cowboys and cowgirls for their enduring contribution to the courageous, pioneering spirit of America. In keeping with the hard-riding work ethic of cowboys, the Day of the American Cowboy is a working holiday.

Source: SL 2014, ch 3, § 1.
S.D. Codified Laws § 1-36-7.1 — SD Code / Title 1 / Chapter 36 / Section 1-36-7.1
Performance of functions of former Division of Social Welfare
Status: in_force

The functions of the former Division of Social Welfare under chapter 1-36 and Title 28, are transferred to the Department of Social Services and the secretary of social services, and may be organized within the Department of Social Services as the secretary, with the approval of the Governor, shall designate.

Source: SL 1981, ch 376, § 19.
S.D. Codified Laws § 1-16A-20 — SD Code / Title 1 / Chapter 16A / Section 1-16A-20
Location, construction, operation and maintenance of facilities--Designation of agent
Status: in_force

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to determine the location and construction of any facility to be financed under the provisions of this chapter and to construct, reconstruct, renovate, replace, maintain, repair, operate, lease and regulate the same, to designate a participating health institution or a participating educational institution, as the case may be, as its agent to determine the location and construction of a facility undertaken by such participating health institution or a participating educational institution, as the case may be, under the provisions of this chapter and, as agent of the authority, to construct, reconstruct, renovate, replace, maintain, repair, operate, lease and regulate the same and as agent of the authority, to enter into contracts for any and all of such purposes including contracts for the management and operation of such facility.

Source: SL 1972, ch 10, § 7 (6).
S.D. Codified Laws § 1-36-27 — SD Code / Title 1 / Chapter 36 / Section 1-36-27
Human Services Center transferred
Status: transferred

The Human Services Center, Yankton, is hereby transferred from the Department of Human Services to the Department of Social Services. The secretary of the Department of Social Services shall perform the functions of the secretary of the Department of Human Services relating to the Human Services Center, Yankton.

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 71, eff. April 12, 2011; SL 2023, ch 94, § 1.
S.D. Codified Laws § 1-16H-16 — SD Code / Title 1 / Chapter 16H / Section 1-16H-16
Promulgation of rules
Status: in_force

The authority may, pursuant to chapter 1-26 , promulgate rules necessary to regulate the authority's affairs, to carry into effect the powers and purposes of the authority, and to conduct its business, including rules to:

(1) Establish application procedures for grants and loans from the authority;

(2) Establish eligibility criteria for such grants or loans;

(3) Govern the use of proceeds of such grants or loans;

(4) Establish criteria for the terms and conditions upon which such grants or loans shall be made, including the security, if any, that may be required for such loans; and

(5) Establish criteria for the lease or other use of any real or personal property owned by the authority, or the placement of experiments in any facility owned or controlled by the authority.

Source: SL 2004, ch 15, § 16.
S.D. Codified Laws § 1-22-7 — SD Code / Title 1 / Chapter 22 / Section 1-22-7
Poet laureate of state--Qualifications and appointment
Status: in_force

There is created the office of poet laureate of South Dakota. The Governor shall appoint the poet laureate to serve at the pleasure of the Governor. No person is eligible for the appointment unless the person is a resident of this state. No person may be appointed unless such person has been recommended to the Governor by the South Dakota State Poetry Society and has written and published poems of recognized merit prior to the appointment.

The term of the poet laureate is four years and begins July first in years following a gubernatorial election. No poet laureate may serve for more than one term consecutively, however, this restriction does not apply to a partial term to which the poet laureate may have been appointed.

Poet laureates

shall for life have the status

of emeritus.

Source: SL 1959, ch 307; SDC Supp 1960, § 55.0115; SL 2009, ch 1, § 115; SL 2015, ch 10, § 1.
S.D. Codified Laws § 1-57-6 — SD Code / Title 1 / Chapter 57 / Section 1-57-6
Report
Status: in_force

On or before November first of each year, the South Dakota-Ireland Trade Commission shall provide a report to the Executive Board of the Legislative Research Council. The report must include:

(1) A description of the commission's work;

(2) A description of benefits to the state and to sectors involved in international trade, attributable to the commission's efforts;

(3) Recommendations for legislative action that would support trade between this state and Ireland; and

(4) A summary of anticipated commission activities in the ensuing year.

Source: SL 2024, ch 15, § 6.
S.D. Codified Laws § 1-37-15 — SD Code / Title 1 / Chapter 37 / Section 1-37-15
South Dakota State Banking Commission transferred
Status: transferred

The South Dakota State Banking Commission created by 51A-2 and its functions in the former Department of Revenue and Regulation are transferred to the Department of Labor and Regulation created by Executive Reorganization Order 2011-01. The secretary of labor and regulation shall perform the functions of the former secretary of revenue and regulation, relating to the South Dakota State Banking Commission.

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 37, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-36A-1.5 — SD Code / Title 1 / Chapter 36A / Section 1-36A-1.5
Boards and advisory councils transferred to department
Status: in_force

The following boards and advisory councils shall be administered by the Department of Human Services:

(1) The planning council on developmental disabilities;

(2) The board of vocational rehabilitation; and

(3) The board of service to the blind and visually impaired.

Source: SL 1989, ch 21, § 5; SL 1990, ch 213, § 3; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 102, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-5-12 — SD Code / Title 1 / Chapter 5 / Section 1-5-12
Joe Foss Day
Status: in_force

The seventeenth day of April, to be known as Joe Foss Day, shall be observed in this state as a working holiday. Joe Foss Day is dedicated to the remembrance and recognition of South Dakota's favorite son and war hero, Governor Joe Foss.

Source: SL 2004, ch 5, § 1.
S.D. Codified Laws § 1-16A-15.1 — SD Code / Title 1 / Chapter 16A / Section 1-16A-15.1
Authority to approve financing of facilities in the state by out-of-state issuers-Public hearing
Status: in_force

The authority shall have the power to assist, coordinate and participate with governmental authorities and issuers of states other than the State of South Dakota (for purposes of this section, "out - of - state issuers") in connection with issuance of bonds, notes or other evidence of indebtedness by such out - of - state issuers for educational and health facilities located within the State of South Dakota.

In connection with such financing by out - of - state issuers, the authority is designated as the only entity in the State of South Dakota which may conduct the public hearing of the applicable governmental unit required by section 147(f) of the Internal Revenue Code of 1986, as amended, or any successor provision of the Internal Revenue Code, and the Governor of the State of South Dakota is designated as the only person in the State of South Dakota who may be the applicable elected representative pursuant to section 147(f) of the Internal Revenue Code of 1986, as amended.

Following such hearing, the authority shall determine whether the financing should proceed with respect to educational or health facilities located within the State of South Dakota by an out - of - state issuer. If the authority determines that the financing should not proceed, the financing shall not proceed by an out - of - state issuer with respect to the South Dakota facilities.

Source: SL 2004, ch 9, § 5.
S.D. Codified Laws § 1-52-17 — SD Code / Title 1 / Chapter 52 / Section 1-52-17
Tourism promotion fund established
Status: in_force

There is hereby established a tourism promotion fund in the Department of Tourism.

Source: SL 1994, ch 332, § 4A; SL 2003, ch 272 (Ex. Ord. 03-1), § 100; SDCL § 1-42-31 ; SL 2009, ch 1, § 129; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 91, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-26-6 — SD Code / Title 1 / Chapter 26 / Section 1-26-6
Completion of rulemaking process--Effective date--Validity
Status: in_force

(1) The requirements of § 1-26-4 have been completed or, if the rule is an emergency rule, three days have passed since the requirements of § 1-26-5 have been met;

(2) It has been signed by a majority of the members of the multi - member body or by the officer having the authority to adopt it;

(3) It has been signed by code counsel;

(4) A copy has been filed with code counsel, in a form prescribed by code counsel to show amendments, deletions, and other changes to existing rules, for use in preparation of copy for the Administrative Rules of South Dakota;

(5) The rule and a certificate have been filed with the secretary of state. The certificate must affirm that the rule filed is a true and correct copy of the rule as adopted and that the agency has complied with § 1-26-4 or 1-26-5 , and with this section;

(6) The rule and the certificate have been published on the website described in subsection 1-26-4 (3)(b);

(7) For a permanent rule, the agency has appeared and presented the proposed rule to the Interim Rules Review Committee; and

(8) For a permanent major rule on which the Interim Rules Review Committee does not make a determination of sufficient legislative authority pursuant to subdivision 1-26-4.12 (2), statute specifically directs the enactment of the adoption, amendment, or repeal of the rule.

A certificate required by this section must be an affidavit executed, under oath, by the officer authorized by statute to promulgate the rule. If a rule is promulgated by a multi - member body, the body's presiding officer must sign the certificate.

An emergency rule is provisionally effective immediately after being filed. Notwithstanding § 15-6-6(a) , all other rules are provisionally effective on the twentieth day after being filed, not counting the day of filing. In either case a later effective date may be specified as part of the rules being filed. A rule that is not yet effective or a provisionally effective rule may be suspended in the manner specified by § 1-26-38 any time prior to the first day of July of the year following the year in which it became, or would have become, effective. The rule's provisional status ends at that time, and the rule may not thereafter be suspended by the rules committee. Unless suspended, a provisionally effective rule must be enforced by the agency and the courts as if it were not so conditioned.

No rule promulgated after June 30, 1975, is valid unless adopted in compliance with § 1-26-4 or 1-26-5 , and this section and copies of the rule are made available to the public upon request, by the agency.

Source: SDC 1939, §§ 55.1203, 65.0106; SL 1966, ch 159, §§ 3, 4 (1); SDCL, § 1-26-7; SL 1972, ch 8, §§ 7, 10, 12; SDCL Supp, § 1-26-6.4; SL 1973, ch 9, § 1; SL 1974, ch 16, §§ 5, 7; SL 1975, ch 16, § 12; SL 1976, ch 15, § 4; SL 1977, ch 13, § 7; SL 1978, ch 13, § 4; SL 1986, ch 20, § 6; SL 1989, ch 16, § 7; SL 1998, ch 9, § 2; SL 2000, ch 4, § 2; SL 2004, ch 22, § 1; SL 2025, ch 9, § 11; SL 2026, ch 7, § 7; SL 2026, ch 8, § 2.
S.D. Codified Laws § 1-46A-3 — SD Code / Title 1 / Chapter 46A / Section 1-46A-3
Division of Veterans Affairs transferred
Status: transferred

The Division of Veterans Affairs created by chapter 1-46 and its functions in the former Department of Military and Veterans Affairs are transferred to the Department of Veterans Affairs created by Executive Reorganization Order 2011-01. The secretary of veterans affairs shall perform the functions of the former secretary of the Department of Military and Veterans Affairs, relating to the Division of Veterans Affairs.

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 23, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-8-7 — SD Code / Title 1 / Chapter 8 / Section 1-8-7
Compliance with chapter required in furnishing copies of documents
Status: in_force

No certified or exemplified copy of any document, book, instrument, paper, or law, on file in the Office of the Secretary of State, shall be furnished to any person except as in this chapter provided.

Source: SDC 1939, § 55.1206.
S.D. Codified Laws § 1-49-5 — SD Code / Title 1 / Chapter 49 / Section 1-49-5
Prompt certification of examination and test results
Status: in_force

All examinations, tests, and analysis requested of the State Public Health Laboratory shall be provided promptly and the results immediately certified to the submitter.

Source: SL 1985, ch 283, § 5; SL 2019, ch 11, § 5.
S.D. Codified Laws § 1-16B-15 — SD Code / Title 1 / Chapter 16B / Section 1-16B-15
Power to issue notes and bonds--Maximum outstanding
Status: in_force

The authority may issue negotiable notes and bonds in such principal amounts as it shall determine to be necessary to provide sufficient funds for achieving any of its corporate purposes. The total outstanding amount of such notes and bonds may not exceed three hundred million dollars at any time.

Source: SL 1978, ch 9, § 9; SL 1986, ch 14, § 7; SL 1990, ch 11, § 5; SL 1991, ch 8.
S.D. Codified Laws § 1-52-15 — SD Code / Title 1 / Chapter 52 / Section 1-52-15
Members--Term--Vacancy
Status: in_force

The Board of Tourism consists of eleven members appointed by the Governor. Not all members may be from the same political party and the members shall be representative of the tourism industry in all geographic areas of the state. The term of each member is four years. A member appointed to fill a vacancy occurring other than by expiration of a term is appointed for the unexpired term.

Source: SL 1982, ch 17, § 47; SDCL Supp, § 1-35-20; SDCL § 1-42-22; SL 2009, ch 1, § 129.
S.D. Codified Laws § 1-20-29 — SD Code / Title 1 / Chapter 20 / Section 1-20-29
Policy as to investigations on private land
Status: in_force

It is the declared intention of the Legislature that field investigations on privately owned lands should be discouraged except in accordance with both the provisions and spirit of this chapter; and persons having knowledge of the location of archaeological sites are encouraged to communicate such information to the state archaeologist.

Source: SL 1974, ch 11, § 14.
S.D. Codified Laws § 1-8-14 — SD Code / Title 1 / Chapter 8 / Section 1-8-14
Secure and interactive website--Document filing as permitted by secretary of state
Status: in_force

The secretary of state may establish and maintain a secure and interactive website where all documents required to be filed with or maintained by the Office of the Secretary of State may be filed, processed, and obtained by interested parties. Any document required to be filed shall be filed in a medium permitted by the secretary of state. The secretary of state shall promulgate rules, pursuant to chapter 1-26 , to establish the procedure and methodology for filing documents.

Source: SL 2012, ch 3, § 1; SL 2017, ch 2, § 2.
S.D. Codified Laws § 1-27-1.14 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.14
Redaction of records in office of register of deeds not required
Status: in_force

This chapter does not require the redaction of any record, or any portion of a record, which is recorded in the office of the register of deeds.

Source: SL 2009, ch 10, § 21; SL 2010, ch 214, § 1.
S.D. Codified Laws § 1-2-2 — SD Code / Title 1 / Chapter 2 / Section 1-2-2
Meeting with commissioners of other participatory state--Report--Disbandment
Status: in_force

Upon appointment of commissioners by the Governor, the commissioners shall proceed immediately to meet with the commissioners for the other participatory state for the purpose of negotiating the compact referred to in § 1-2-1 . The commission shall disband upon completion of its business and submission of a report to the Governor.

Source: SL 1957, ch 316, § 2; SDC Supp 1960, § 55.5602; SL 1988, ch 2, § 2.
S.D. Codified Laws § 1-47-19 — SD Code / Title 1 / Chapter 47 / Section 1-47-19
Division of Property and Special Taxes transferred
Status: transferred

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

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 49, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-26-8 — SD Code / Title 1 / Chapter 26 / Section 1-26-8
Effective date of rules--Emergency rules
Status: in_force

Each rule is effective twenty days after filing with the secretary of state, except that:

(1) If a later date is required by statute or specified in the rule, the later date is the effective date;

(2) Subject to applicable constitutional or statutory provisions, an emergency rule is effective immediately upon filing with the secretary of state, or at a stated date less than twenty days later. No emergency rule may remain in effect for a period of longer than ninety days.

Source: SDC 1939, § 65.0106; SL 1966, ch 159, § 4 (2); SL 1972, ch 8, § 13; SL 1975, ch 16, § 21; SL 1976, ch 15, § 5; SL 2009, ch 9, § 8.
S.D. Codified Laws § 1-16J-29 — SD Code / Title 1 / Chapter 16J / Section 1-16J-29
Real estate transfer subject to approval by Governor
Status: in_force

Any transfer pursuant to §§ 1-16J-27 and 1-16J-28 is subject to approval by the Governor and subject to all applicable constitutional reservations.

Source: SL 2018, ch 11, § 3, eff. Feb. 5, 2018.
S.D. Codified Laws § 1-20-25 — SD Code / Title 1 / Chapter 20 / Section 1-20-25
Exclusive right--Investigation on public lands--Property of state
Status: in_force

The state reserves to itself the exclusive rights and privilege of field investigation on land owned or controlled by the state, its agencies, departments, institutions, or political subdivisions in order to protect and preserve archaeological and scientific information, matter, and objects. All such information and objects deriving from state lands shall remain the property of the state and be utilized for scientific or public educational purposes.

Source: SL 1947, ch 255, § 4; SDC Supp 1960, § 29.0704; SDCL, § 1-20-6; SL 1974, ch 11, § 4; SL 2021, ch 7, § 37.
S.D. Codified Laws § 1-41-19 — SD Code / Title 1 / Chapter 41 / Section 1-41-19
Board of Minerals and Environment--Composition--Appointment and terms of members
Status: in_force

The Board of Minerals and Environment consists of nine members appointed by the Governor, not all of whom may be from the same political party. The terms of the members of the board are for four years. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term.

Source: SL 1981, ch 374, §§ 19 to 22; SDCL Supp, § 1-43-7.1; SL 2011, ch 165, § 3; SDCL § 1-40-25; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-18C-4 — SD Code / Title 1 / Chapter 18C / Section 1-18C-4
Duty of archivist--Policies and procedures
Status: in_force

The state archivist shall administer the state archives and in so doing shall formulate policies, establish organizational and operational procedures, and exercise general supervision pursuant to the objectives and purposes of the state archives.

Source: SL 1975, ch 24, § 4; SL 1987, ch 393 (Ex. Ord. 87-4), § 17; SL 2009, ch 1, § 43.
S.D. Codified Laws § 1-53-9 — SD Code / Title 1 / Chapter 53 / Section 1-53-9
South Dakota Housing Development Authority transferred
Status: transferred

The South Dakota Housing Development Authority created by chapter 11-11 , and its functions in the former Department of Tourism and State Development is transferred to the Governor's Office of Economic Development. The commissioner of the Governor's Office of Economic Development shall perform the functions of the former secretary of the Department of Tourism and State Development, relating to the South Dakota Housing Development Authority.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 50, eff. Apr. 17, 2003; SDCL § 1-52-10 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 62, 130, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-16A-17.1 — SD Code / Title 1 / Chapter 16A / Section 1-16A-17.1
Informational budget required
Status: in_force

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

Source: SL 1984, ch 4, § 1.
S.D. Codified Laws § 1-26A-6 — SD Code / Title 1 / Chapter 26A / Section 1-26A-6
Secretary of state to keep copy of rules--Certified copies
Status: in_force

The secretary of state shall keep a copy of the administrative rules published pursuant to §§ 1-26A-1 and 1-26A-2 , from which to make certified copies.

Source: SL 1975, ch 16, § 5; SL 1981, ch 9, § 3; SL 2012, ch 8, § 4.
S.D. Codified Laws § 1-19B-7 — SD Code / Title 1 / Chapter 19B / Section 1-19B-7
Appropriations for operating expenses and acquisition and management of historic properties
Status: in_force

The governing board of a county or municipality is authorized to make appropriations to an historic preservation commission established pursuant to this chapter in any amount that it may determine necessary for the expenses of the operation of the commission, and may make available any additional amounts necessary for the acquisition, restoration, preservation, operation, and management of historic properties.

Source: SL 1974, ch 21, § 4.
S.D. Codified Laws § 1-26D-8 — SD Code / Title 1 / Chapter 26D / Section 1-26D-8
Review of proposed findings or decision--Written reasons for rejecting or modifying findings or decision
Status: in_force

The reviewing agency shall personally consider the whole record or such portions of it as may be cited by the parties. If the reviewing agency rejects or modifies proposed findings or a proposed decision, it shall give reasons for doing so in writing. In reviewing proposed findings of fact entered by the presiding hearing examiner, the reviewing agency shall give due regard to the hearing examiner's opportunity to observe the witnesses.

Source: SL 1995, ch 8, § 9B
S.D. Codified Laws § 1-19C-2.1 — SD Code / Title 1 / Chapter 19C / Section 1-19C-2.1
South Dakota Board on Geographic Names created--Members--Meetings--Investigations--Promulgation of rules
Status: in_force

The South Dakota Board on Geographic Names is hereby created. The board consists of one representative each from the Department of Tribal Relations, the Department of Agriculture and Natural Resources, the Department of Transportation, the South Dakota State Historical Society, and the Department of Tourism. The board shall elect a chair and vice chair from among its membership and shall meet at least once each year to consider issues related to geographical place names and to make recommendations to the appropriate local, state, and federal agencies. The board shall investigate any proposed names, solicit public input, and make a recommendation to the United States Board on Geographic Names as to whether the board supports a new or replacement name. The board may establish procedures and standards to recommend, evaluate, and select geographic place names by rules promulgated pursuant to chapter 1-26 . The rules shall be compatible with the standards of the United States Board on Geographic Names as contained in its manual, Principles, Policies and Procedures: Domestic Names, Reston, Virginia, 2016.

Source: SL 2009, ch 2, § 4; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 28, 29, 91, eff. Apr. 12, 2011; SL 2014, ch 9, § 4; SL 2020, ch 5, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. April 19, 2021; SL 2021, ch 7, § 4; SL 2021, ch 8, § 1.
S.D. Codified Laws § 1-36-38 — SD Code / Title 1 / Chapter 36 / Section 1-36-38
Indian Child Welfare Advisory Council--Purpose--Members--Terms
Status: in_force

The Indian Child Welfare Advisory Council is hereby established within the Department of Social Services to facilitate communication, collaboration, and cooperation between the tribes, the department, and other subject matter experts; to promote the exchange of ideas and innovative solutions related to Indian child welfare; to expand partnerships with applicable stakeholders; and to assist the department in formulating policies and procedures relating to Indian child welfare.

The council consists of a representative of the department, appointed by the secretary of the Department of Social Services, one representative from each of the nine tribes in South Dakota, appointed by the tribal council of the tribe, one member of the House of Representatives appointed by the speaker of the House of Representatives, and one member of the Senate appointed by the president pro tempore of the Senate. The council members shall serve for two-year terms.

Source: SL 2024, ch 12, § 1.
S.D. Codified Laws § 1-18-31.1 — SD Code / Title 1 / Chapter 18 / Section 1-18-31.1
Publications revolving account--Purposes--Deposits
Status: in_force

There is hereby created within the historical society special revenue fund, a publications revolving account to be used for the purpose of republishing documents, materials, and works of historical significance to this state and the upper great plains. The proceeds from the sale of such republished material and any gifts made for this purpose shall be deposited in the publications revolving account.

Source: SL 1971, ch 6, § 2; SL 2021, ch 7, § 23.
S.D. Codified Laws § 1-16G-66 — SD Code / Title 1 / Chapter 16G / Section 1-16G-66
Public records-Information on the GOED website
Status: in_force

The name of any person that receives a reinvestment payment as provided by §§ 1-16G-56 to § 1-16G-68 , inclusive, and the amount of the reinvestment payment is public information and shall be available and open to public inspection as provided in § 1-27-1 . The following information shall be made public on the GOED website as public information:

(1) An estimated number of the full-time jobs to be created by the project;

(2) An estimated average wage of the full-time jobs;

(3) A list of all the local government tax mechanisms and state economic tools, loans, or grants provided to the project;

(4) An estimate of the property taxes to be paid by the project; and

(5) A statement of why the project would not have occurred in South Dakota without the reinvestment payment.

Source: SL 2013, ch 7, § 34, eff. Mar. 20, 2013.
S.D. Codified Laws § 1-45-35 — SD Code / Title 1 / Chapter 45 / Section 1-45-35
Administrative functions transferred to secretary
Status: in_force

All administrative functions of the former Board of Cultural Preservation are transferred to the secretary of education.

Source: SL 1985, ch 400, § 25; SL 2003, ch 272 (Ex. Ord. 03-1) § 63.
S.D. Codified Laws § 1-37-13 — SD Code / Title 1 / Chapter 37 / Section 1-37-13
Cosmetology Commission transferred
Status: transferred

The Cosmetology Commission, created by chapter 36-15 , and its functions in the former Department of Commerce and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Commerce and Regulation, relating to the Cosmetology Commission.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 53; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-16A-95 — SD Code / Title 1 / Chapter 16A / Section 1-16A-95
Issuance of additional obligations--Legislative approval
Status: in_force

The issuance of any additional bonds, notes, or other obligations of the authority that are payable out of receipts, rentals, and other payments made pursuant to lease purchase agreements with the Western Dakota Technical College, the Southeast Technical College, the Lake Area Technical College, the Mitchell Technical College, or the South Dakota Board of Technical Education under the authority of chapter 13-39A shall be approved by the Legislature before issuance. The board shall approve the issuance of additional bonds, notes, or other obligations prior to issuance. The Legislature in accordance with §§ 1-16A-93 and 1-16A-94 and applicable administrative rules shall consider the board's analysis prior to authorizing any additional bonds, notes, or other obligations. The requirement, however, for approval by the Legislature before issuance does not apply to the issuance of bonds for the purposes of refinancing or refunding existing bonds, notes, or other obligations.

Source: SL 2013, ch 6, § 3; SL 2014, ch 93, § 12, eff. Mar. 28, 2014; SL 2015, ch 6, § 2; SL 2017, ch 81, § 50; SL 2018, ch 9, § 1; SL 2020, ch 61, § 30.
S.D. Codified Laws § 1-26-1.2 — SD Code / Title 1 / Chapter 26 / Section 1-26-1.2
Interim Rules Review Committee--Chair and vice chair--Meetings--Duties--Member compensation--Staff
Status: in_force

The Interim Rules Review Committee shall choose a chair and a vice chair from its members and prescribe its rules of procedure. Meetings of the committee are at the call of the chair or a majority of the committee.

On or before the first Monday following the last day of the legislative session, the committee and the agencies shall determine a schedule of dates for meetings to be held during the following twelve months. However, the committee is not required to hold a meeting if no submission has been made to committee members in accordance with subdivision 1-26-4 (8). All meetings are open to the public and any interested person may be heard and present evidence.

The committee shall review all proposed agency rules and make recommendations to the agencies regarding rules and legislation authorizing rules, and to the Legislature regarding administrative law. In its review of agency rules, the committee shall consider the regulatory impact analysis provided pursuant to § 1-26-4.11 and the resulting review of code counsel and Legislative Research Council personnel.

Members of the committee are compensated for their attendance at meetings and for time spent in the conduct of committee business, at rates established by the Executive Board of the Legislative Research Council. Code counsel, and one or more personnel from the Legislative Research Council with the consent of the council's director, shall staff the committee.

Source: SL 1972, ch 8, § 2; SL 1974, ch 16, § 3; SL 1989, ch 16, § 1; SL 1990, ch 20, § 1; SL 2000, ch 4, § 3; SL 2025, ch 9, § 3; SL 2026, ch 7, § 2.
S.D. Codified Laws § 1-52-14 — SD Code / Title 1 / Chapter 52 / Section 1-52-14
Board of Tourism--Advisory functions
Status: in_force

The Board of Tourism is hereby continued and shall exercise advisory functions with relation to the Department of Tourism.

Source: SL 1987, ch 390 (Ex. Ord. 87-1), § 27; SL 2003, ch 272 (Ex. Ord. 03-1), § 99; SDCL § 1-42-21.1 ; SL 2009, ch 1, § 129; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 67, 91, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-54-12 — SD Code / Title 1 / Chapter 54 / Section 1-54-12
Indian Education Advisory Council to consult with Department of Education regarding Oceti Sakowin Essential Understandings
Status: in_force

The Department of Education shall consult with the Indian Education Advisory Council within the Department of Tribal Relations to develop and review the Oceti Sakowin Essential Understandings. The consultation process shall align with the standards revision cycle established by the Board of Education Standards pursuant to § 13-3-48 .

Source: SL 2007, ch 82, § 3; SDCL § 13-1-49 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 21, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-50-3 — SD Code / Title 1 / Chapter 50 / Section 1-50-3
Promulgation of rules and procedures
Status: in_force

The South Dakota State Emergency Response Commission may promulgate rules pursuant to chapter 1-26 to establish procedures for local emergency planning committees to apply for and receive grants from the commission for training and planning. The rules may include provisions to evaluate and enforce compliance with the grant requirements.

Source: SL 1991, ch 14, § 3.
S.D. Codified Laws § 1-16H-23 — SD Code / Title 1 / Chapter 16H / Section 1-16H-23
Pledge of revenues from lease or loan agreement--Trust agreement
Status: in_force

To secure the payment of any or all of such revenue bonds, notes, or other instruments, the revenues to be received by the authority from a lease agreement or loan agreement shall be pledged, and, for the purpose of setting forth the covenants and undertakings of the authority in connection with the issuance thereof and the issuance of any additional revenue bonds, notes, or other instruments payable from such revenues, income, or other funds to be derived from projects, the authority may execute and deliver a trust agreement. A remedy for any breach or default of the terms of any such trust agreement by the authority may be by mandamus proceedings in the appropriate circuit court to compel the performance and compliance therewith, but the trust agreement may prescribe by whom or on whose behalf the action may be instituted.

Source: SL 2004, ch 15, § 23.
S.D. Codified Laws § 1-19A-17 — SD Code / Title 1 / Chapter 19A / Section 1-19A-17
Improvement and operation of historic properties--Legislative consent required for acquisition
Status: in_force

Any historic property acquired, whether in fee or otherwise, may be used, maintained, improved, restored, or operated by the South Dakota State Historical Society for any purpose within its powers and not inconsistent with the purpose of the continued preservation of the property. No historic property may be acquired, whether in fee or otherwise, except by act of the Legislature.

Source: SL 1973, ch 14, § 6; SL 2009, ch 1, § 68; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-33B-18 — SD Code / Title 1 / Chapter 33B / Section 1-33B-18
Energy conservation loan special revenue fund established--Purposes--Continuous appropriation
Status: in_force

There is established in the state treasury a special revenue fund known as the energy conservation loan special revenue fund for the purposes of making loans, leases, or grants for energy conservation. Any money in the conservation loan special revenue fund is continuously appropriated.

Source: SL 1988, ch 22, § 4; SL 1994, ch 410 (Ex. Ord. 93-9), § 17.
S.D. Codified Laws § 1-16H-38 — SD Code / Title 1 / Chapter 16H / Section 1-16H-38
Authority reports to Governor's Office of Economic Development
Status: in_force

The authority is attached to the Governor's Office of Economic Development for reporting purposes. The authority shall submit such records, information, and reports in the form and at such times as required by the commissioner. However, the authority shall report at least annually.

Source: SL 2004, ch 15, § 38, eff. Feb. 11, 2004; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 87, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-56-13 — SD Code / Title 1 / Chapter 56 / Section 1-56-13
Annual review by agency--Documented risk and control matrix--Results and updates to board
Status: in_force

Each state agency shall conduct an annual review of the agency's documented risk and control matrix to assess the adequacy and effectiveness of the agency's internal controls and risk mitigation strategies.

Following the review, each state agency shall submit the results to the Board of Internal Control, including any updates to the agency's risk and control matrix.

Source: SL 2025, ch 12, § 6.
S.D. Codified Laws § 1-5-18 — SD Code / Title 1 / Chapter 5 / Section 1-5-18
Medal of Honor Recognition Day
Status: in_force

The twenty-fifth day of March, to be known as Medal of Honor Recognition Day, is observed in this state as a working holiday. Medal of Honor Recognition Day is dedicated to the remembrance and recognition of those members of the armed forces of the United States who have received the Medal of Honor.

Source: SL 2024, ch 4, § 1.
S.D. Codified Laws § 1-7-4 — SD Code / Title 1 / Chapter 7 / Section 1-7-4
Powers and duties of acting Governor
Status: in_force

Every provision of this code relating to the powers and duties of the Governor, and to the acts and duties to be performed by others towards the Governor, extends to the person performing for the time being the duties of Governor.

Source: SDC 1939, § 55.1104; SL 2023, ch 3, § 4.
S.D. Codified Laws § 1-53-24 — SD Code / Title 1 / Chapter 53 / Section 1-53-24
Agreements for administration of trust assets by federal government
Status: in_force

The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized to enter into agreements with the secretary of agriculture of the United States pursuant to section 2(f) of the aforesaid act of the Congress of the United States, upon such terms and conditions and for such periods of time as may be mutually agreeable, authorizing the secretary of agriculture of the United States to accept, administer, expend and use in the State of South Dakota all or any part of such trust assets or any other funds of the State of South Dakota which may be appropriated for such uses for carrying out the purposes of Titles I and II of the Bankhead-Jones Farm Tenant Act, in accordance with the applicable provisions of Title IV thereof, as amended, and to do any and all things necessary to effectuate and carry out the purposes of said agreements.

Source: SL 1951, ch 4, § 3; SDC Supp 1960, § 4.0117; SDCL § 38-6-3 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 43, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-56-4 — SD Code / Title 1 / Chapter 56 / Section 1-56-4
Meetings of board--Record of proceedings
Status: in_force

The board shall meet monthly for the first twelve months, and shall meet at least quarterly after the first year. A record of the proceedings of the board shall be kept pursuant to § 1-25-3 .

Source: SL 2016, ch 16, § 4, eff. Mar. 16, 2016.
S.D. Codified Laws § 1-19-8 — SD Code / Title 1 / Chapter 19 / Section 1-19-8
Board to hold sites and monuments for people of state
Status: in_force

The South Dakota State Historical Society shall supervise the sites and monuments described in this chapter, which are accepted for the use of the South Dakota State Historical Society or held under the supervision of, or in trust by, the South Dakota State Historical Society for the benefit and use of the people of the state and any other sites and monuments as the South Dakota State Historical Society may determine.

Source: SL 1974, ch 10, § 16; SL 2009, ch 1, § 54.
S.D. Codified Laws § 1-16G-61 — SD Code / Title 1 / Chapter 16G / Section 1-16G-61
Affidavit for reinvestment payment--Form and contents
Status: in_force

Any person that has timely filed the application and is holding a permit issued by GOED, and has completed the project, shall file an affidavit for reinvestment payment with GOED.

The affidavit for reinvestment payment shall contain the following information:

(1) The project owner's name and contact information;

(2) The general description of the project;

(3) The date of completion of the project;

(4) The final project costs;

(5) The amount of South Dakota sales tax, use tax, and contractors excise tax paid for the construction of the project;

(6) The location of the project;

(7) The legal description of the project location;

(8) A list of the contractors and subcontractors that performed work on the project;

(9) If the reinvestment payment was assigned or transferred, the name and address of the person to whom the reinvestment payment has been assigned or transferred; and

(10) Any other information that GOED may require.

The affidavit for reinvestment payment shall be on a form prescribed by the commissioner. The affidavit for reinvestment payment shall be signed by the project owner and signed under oath before a notary public. No affidavit for reinvestment payment may include more than one project.

Source: SL 2013, ch 7, § 29, eff. Mar. 20, 2013.
S.D. Codified Laws § 1-18C-7 — SD Code / Title 1 / Chapter 18C / Section 1-18C-7
Acquisition of records submitted to records destruction board
Status: in_force

The archivist may acquire, in total or in part, any records, regardless of physical characteristics, which have been submitted to the records destruction board for final disposition if such material is determined to be of informational or historical significance by the archivist.

Source: SL 1975, ch 24, § 6; SL 2009, ch 1, § 46.
S.D. Codified Laws § 1-16A-6 — SD Code / Title 1 / Chapter 16A / Section 1-16A-6
Business interests not disqualifying for membership--Abstention where conflict of interest
Status: in_force

Notwithstanding any other law to the contrary it shall not be or constitute a conflict of interest for a trustee, director, officer, or employee of any health institution, educational institution, financial institution, investment banking firm, brokerage firm, commercial bank or trust company, architectural firm, insurance company, or any other firm, person, or corporation to serve as a member of the authority, provided such trustee, director, officer, or employee shall abstain from deliberation, action and vote by the authority in each instance where the business affiliation of any such trustee, director, officer, or employee is involved.

Source: SL 1972, ch 10, § 6.
S.D. Codified Laws § 1-19A-22 — SD Code / Title 1 / Chapter 19A / Section 1-19A-22
Cancellation of tax moratorium
Status: in_force

If the State Historical Society Board of Trustees determines that the owner of any property given a tax moratorium pursuant to § 1-19A-20 has failed to maintain such property, the board may, after a public hearing, cancel the tax moratorium on such property. If the board cancels a tax moratorium pursuant to this section, the board shall notify the director of equalization and the treasurer of the county where such property is located of such cancellation.

Source: SL 1992, ch 6, § 1.
S.D. Codified Laws § 1-33-8.7 — SD Code / Title 1 / Chapter 33 / Section 1-33-8.7
Commissioner of Human Resources and Administration--Accounting of contracts--Uniform costs
Status: in_force

The commissioner of human resources and administration shall be responsible for all accounting associated with contracts between the Bureau of Human Resources and Administration and the state agencies. The commissioner of human resources and administration shall establish uniform cost accounting procedures which shall include costs of administrative and operating overhead and charges to public corporations shall include the costs of operating and administrative overhead.

Source: SL 1988, ch 11, § 5; SDCL § 1-14-12.15; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-27-1.23 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.23
Settlement agreements to be public records--Redaction of victim information--Temporary confidentiality for ongoing litigation
Status: in_force

An agency of the state or a political subdivision may not enter into a settlement agreement with a party to any civil action or proceeding involving a claim for monetary damages or equitable relief in which the settlement agreement requires nondisclosure or confidentiality of the terms of the settlement. A settlement agreement under this section is a public record as defined under § 1-27-1.1 . For good cause shown, the court may order the redaction of the name of any victim of crime within the settlement agreement under this section. Notwithstanding any other provision of law, an agency of the state or a political subdivision may temporarily maintain the confidentiality of the settlement agreement related to ongoing litigation. The settlement agreement shall become a public record as defined under § 1-27-1.1 upon the final disposition and the exhaustion of any appeal from the related litigation.

Source: SL 2019, ch 5, § 1.
S.D. Codified Laws § 1-19A-19 — SD Code / Title 1 / Chapter 19A / Section 1-19A-19
Powers and duties of board
Status: in_force

The State Historical Society Board of Trustees shall:

(1) Approve nominations to the state and national registers of historic places;

(2) Review the state survey of historic properties undertaken in accordance with the provisions of this chapter;

(3) Review the content of the state preservation plan developed in accordance with the provisions of this chapter;

(4) Approve the removal of properties from the state register;

(5) Recommend the removal of properties from the national register; and

(6) Otherwise act in an advisory capacity to the South Dakota State Historical Society.

Source: SL 1973, ch 14, § 4; SL 2009, ch 1, § 69; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-36-28 — SD Code / Title 1 / Chapter 36 / Section 1-36-28
Division of Mental Health transferred
Status: transferred

The Division of Mental Health created by chapter 1-36A is hereby transferred from the Department of Human Services to the Mental Health Division, Department of Social Services. The secretary of the Department of Social Services shall perform the functions of the secretary of the Department of Human Services, relating to the Division of Mental Health.

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 72, eff. April 12, 2011.
S.D. Codified Laws § 1-27-1.5 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.5
Records not open to inspection and copying
Status: in_force

The following records are not subject to §§ 1-27-1 , 1-27-1.1 , 1-27-1.3 , and § 1-27-1.23 :

(1) Personal information in records regarding any student, prospective student, or former student of any educational institution, if the records are maintained by and in the possession of a public entity, other than routine directory information specified and made public in accordance with 20 U.S.C. § 1232g (January 1, 2009);

(2) Medical records, including all records of drug or alcohol testing, treatment, or counseling, other than records of births and deaths. This subdivision in no way abrogates or changes existing state and federal law pertaining to birth and death records;

(3) Trade secrets, the specific details of bona fide research, applied research, or scholarly or creative artistic projects being conducted at a school, postsecondary institution, or laboratory funded in whole or in part by the state, and other proprietary or commercial information that if released would infringe intellectual property rights, give advantage to business competitors, or serve no material public purpose;

(4) Records that consist of attorney work product or are subject to any privilege recognized in article V of chapter 19-19 ;

(5) Records developed or received by law enforcement agencies and other public bodies charged with duties of investigation or examination of persons, institutions, or businesses, if the records constitute a part of the examination, investigation, intelligence information, citizen complaint or inquiry, informant identification, or strategic or tactical information used in law enforcement training. This subdivision does not apply to records so developed or received relating to the presence of and amount or concentration of alcohol or drugs in any body fluid of any person, and this subdivision does not apply to a 911 recording or a transcript of a 911 recording if the agency or a court determines that the public interest in disclosure outweighs the interest in nondisclosure. This law in no way abrogates or changes §§ 23-5-7 and 23-5-11 or testimonial privileges applying to the use of information from confidential informants;

(6) Appraisals or appraisal information and negotiation records concerning the purchase or sale, by a public body, of any interest in real or personal property;

(7) Personnel information other than salaries and routine directory information. This subdivision does not apply to the public inspection or copying of any current or prior contract with any public employee and any related document that specifies the consideration to be paid to the employee;

(8) Information pertaining to the protection of public or private property and any person on or within public or private property specific to:

(a) Any vulnerability assessment or response plan intended to prevent or mitigate criminal acts;

(b) Emergency management or response;

(c) Public safety information that would create a substantial likelihood of endangering public safety or property, if disclosed;

(d) Cyber security plans, computer or communications network schema, passwords, or user identification names;

(e) Guard schedules;

(f) Lock combinations; and

(g) Any blueprint, building plan, or infrastructure record regarding any building or facility that would expose or create vulnerability through disclosure of the location, configuration, or security of critical systems of the building or facility;

(9) The security standards, procedures, policies, plans, specifications, diagrams, access lists, and other security-related records of the South Dakota Commission on Gaming and those persons or entities with which the commission has entered into contractual relationships. Nothing in this subdivision allows the commission to withhold from the public any information relating to amounts paid to persons or entities with which the commission has entered into contractual relationships, amounts of prizes paid, the name of the prize winner, and the municipality or county where the prize winner resides;

(10) Personally identified private citizen account payment information, credit information on others supplied in confidence, and customer lists;

(11) Records or portions of records kept by a publicly funded library which, when examined with or without other records, reveal the identity of any library patron using the library's materials or services;

(12) Correspondence, memoranda, calendars or logs of appointments, working papers, and records of telephone calls of public officials or employees;

(13) Records or portions of records kept by public bodies, which would reveal the location, character, or ownership of any known archaeological, historical, or paleontological site in South Dakota, if necessary to protect the site from a reasonably held fear of theft, vandalism, or trespass. This subdivision does not apply to the release of information for the purpose of scholarly research, examination by other public bodies for the protection of the resource or by recognized tribes, or the Native American Graves Protection and Repatriation Act, 25 U.S.C. §§ 3001 to 3013, inclusive (January 1, 2026);

(14) Records or portions of records kept by public bodies that maintain collections of archeological, historical, or paleontological significance, which nongovernmental donors have requested to remain closed or which reveal the names and addresses of donors of the articles of archaeological, historical, or paleontological significance, unless the donor approves disclosure, provided this subdivision does not apply to records that may be needed to carry out the purposes of:

(a) The Native American Graves Protection and Repatriation Act, 25 U.S.C. §§ 3001 to 3013, inclusive (January 1, 2026); and

(b) The Archeological Resources Protection Act of 1979, 16 U.S.C. § 470aa, et seq., (January 1, 2026);

(15) Employment applications and related materials, except for applications and related materials submitted by individuals hired into executive or policymaking positions of any public body;

(16) Social security numbers; credit card, charge card, or debit card numbers and expiration dates; passport numbers; driver license numbers; or other personally identifying numbers or codes; and financial account numbers supplied to state and local governments by citizens or held by state and local governments regarding employees or contractors;

(17) Any emergency or disaster response plans or protocols, safety or security audits or reviews, or lists of emergency or disaster response personnel or material; any location or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other military or law enforcement equipment or personnel;

(18) Any test questions, scoring keys, results, or other examination data for any examination to obtain licensure, employment, promotion or reclassification, or academic credit;

(19) Personal correspondence, memoranda, notes, calendars or appointment logs, or other personal records or documents of any public official or employee;

(20) Any document declared closed or confidential by court order, contract, or stipulation of the parties to any civil or criminal action or proceeding, except as provided under § 1-27-1.23 ;

(21) Any list of names or other personally identifying data of occupants of camping or lodging facilities from the Department of Game, Fish and Parks;

(22) Records that, if disclosed, would constitute an unreasonable release of personal information;

(23) Records that, if released, could endanger the life or safety of any person;

(24) Internal agency records or information received by agencies, which are not required to be filed with the agencies, if the information is not otherwise public under state law, including chapter 15-15A and § 1-26-21 , and if the records do not constitute:

(a) Final statistical or factual tabulations;

(b) Final instructions to staff, which affect the public;

(c) Final agency policy or determinations; or

(d) Any completed state or federal audit;

(25) Records of individual children regarding commitment to the Department of Corrections pursuant to chapters 26-8B and 26-8C ;

(26) Records regarding inmate disciplinary matters pursuant to § 1-15-20 , and records regarding jail inmate disciplinary matters pursuant to § 24-11-23 ;

(27) Any other record made closed or confidential by state or federal statute or rule or as necessary to participate in federal programs and benefits;

(28) A record of a settlement agreement or litigation regarding investment or bankruptcy and involving the South Dakota Investment Council or the South Dakota Retirement System, or both, unless the settlement or litigation results in a finding of liability against the council or system, or both; and

(29) A record of a settlement agreement or litigation regarding medical services involving any county hospital established under chapter 34-8 or any municipal hospital established under chapter 34-9 .

Source: SL 2009, ch 10, § 6; SL 2012, ch 11, § 1; SL 2019, ch 5, § 2; SL 2022, ch 4, § 1; SL 2023, ch 6, § 1; SL 2026, ch 12, § 1.
S.D. Codified Laws § 1-19B-8 — SD Code / Title 1 / Chapter 19B / Section 1-19B-8
Survey of local historic properties--Standards and criteria
Status: in_force

Any county or municipal historic preservation commission established pursuant to this chapter may conduct a survey of local historic properties, complying with all applicable standards and criteria of the statewide survey undertaken by the South Dakota State Historical Society of the Department of Education.

Source: SL 1974, ch 21, § 3 (1); SL 2003, ch 272 (Ex. Ord. 03-1), § 80; SL 2009, ch 1, § 71; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1 ), §§ 19, 21, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-33-32 — SD Code / Title 1 / Chapter 33 / Section 1-33-32
1-33-32. Bureau to submit budgets and proposals to Governor
Status: in_force

The Bureau of Information and Technology shall prepare and submit budgets and proposals for management of the Digital Dakota Network to the commissioner of the Bureau of Information and Technology.
S.D. Codified Laws § 1-16B-31 — SD Code / Title 1 / Chapter 16B / Section 1-16B-31
Application of capital reserve fund--Transfer of income
Status: in_force

All moneys held in the capital reserve fund, except as hereinafter provided, shall be used solely for the payment of the principal of bonds or notes secured by the fund, the purchase or redemption of the bonds or notes, the payment of interest on the bonds or notes, or the payment of any redemption premium required to be paid when the bonds or notes are redeemed prior to maturity. Any income from the capital reserve fund may be transferred to other funds or accounts to the extent the transfer does not reduce the amount of the capital reserve fund below the capital reserve fund requirement in this chapter.

Source: SL 1978, ch 9, § 15.
S.D. Codified Laws § 1-27-1.21 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.21
Right of former Governor and lieutenant governor to approve or deny release of exempt records
Status: in_force

Whenever an officer designated in § 1-27-1.19 leaves office and transfers his or her records to the state archivist, the former officer shall retain the right to approve or deny the release of any record exempted from the provisions of § 1-27-1 . The former officer may exercise that right either personally or may designate in writing a person to do so to the archivist.

Source: SL 2012, ch 12, § 3.
S.D. Codified Laws § 1-25-1.3 — SD Code / Title 1 / Chapter 25 / Section 1-25-1.3
Notice of meeting of the state--Time for notice--Posting of agenda--Special or rescheduled meeting--Penalty
Status: in_force

The state shall provide public notice of a meeting, at least seventy-two hours before the meeting is scheduled to start, not including Saturday, Sunday, or any legal holiday, by posting a copy of the proposed agenda:

(1) At the principal office of the board, commission, or department holding the meeting;

(2) That includes the date, time, and location of the meeting;

(3) That is visible, readable, and accessible to the public; and

(4) On a state website, designated by the commissioner of the Bureau of Finance and Management.

For any special or rescheduled meeting, the information in the notice must be delivered in person, or by mail, email, or telephone, to members of the local news media who have requested notice. The state shall also comply with all other requirements of this section, for a special or rescheduled meeting, as circumstances permit.

A violation of this section is a Class 2 misdemeanor.

Source: SL 2016, ch 10, § 2; SL 2017, ch 7, § 1; SL 2017, ch 8, § 1; SL 2019, ch 3, § 7; SL 2026, ch 4, § 1.
S.D. Codified Laws § 1-36-39 — SD Code / Title 1 / Chapter 36 / Section 1-36-39
Indian Child Welfare Advisory Council--Meetings--Chair
Status: in_force

The Indian Child Welfare Advisory Council shall meet at least one time each year, at the call of the chair. The representative of the Department of Social Services shall serve as the chair of the advisory council.

Source: SL 2024, ch 12, § 2.
S.D. Codified Laws § 1-36A-28 — SD Code / Title 1 / Chapter 36A / Section 1-36A-28
Use of information--Publication of names of applicants and recipients prohibited
Status: in_force

The use or disclosure of information concerning applicants and recipients is limited to:

(1) Any person authorized by the secretary in connection with the secretary's official duties, if the official duties are directly connected with the administration of the adult services and aging program;

(2) Any purpose directly connected with the adult services and aging program, including disclosure by the department of information and documents, alleged violator, police department, prosecutor's offices, the attorney general's office, or any other state, county, or federal agency engaged in the detection, investigation, or prosecution of violations of applicable state, county, and federal laws or regulations regarding all aspects of theft, fraud, deception, or overpayment in connection with any aspect of the adult services and aging program. However, disclosure by recipient agencies and personnel is permitted under this section to the extent reasonably necessary to carry out the functions for which the information was provided;

(3) Federal agencies responsible for the administration of federally assisted programs, which provide assistance in cash or in kind.

Any publication of lists or names of applicants and recipients is prohibited.

Source: SL 1987, ch 200, § 4; SL 2004, ch 167, § 32; SDCL § 28-1-45.2; SL 2017, ch 230 (Ex. Ord. 17-1 ), § 28, eff. Apr. 13, 2017.
S.D. Codified Laws § 1-16H-31.3 — SD Code / Title 1 / Chapter 16H / Section 1-16H-31.3
Declaration of taking--Contents
Status: in_force

In any proceeding initiated under this chapter and chapter 21-35 , the authority may, at any time before final judicial determination of the rights of the parties, file a declaration of taking, signed by the authority, declaring the extent of the subsurface property interest taken for the use of the authority.

The declaration of taking shall contain:

(1) A statement of the authority under which and the use for which the subsurface property interest is taken;

(2) A description of the subsurface property interest taken sufficient for identification thereof;

(3) A legal description of the subsurface property subject to or affected by the taking;

(4) The names of the owners of the property or persons in interest in the subsurface property, and a description of the interest claimed by each, as are known;

(5) A statement of the sum of money estimated by the authority to be just compensation for the subsurface property interest taken and damaged; and

(6) A detailed appraisal upon which the amount of the authority's estimate is based.

Source: SL 2005, ch 12, § 3.
S.D. Codified Laws § 1-18-11 — SD Code / Title 1 / Chapter 18 / Section 1-18-11
Society--Meetings--Quorum
Status: in_force

At any meeting of the historical society, at least five percent of members having the right to vote constitutes a quorum.

Source: SDC 1939, § 29.0109; SL 2021, ch 7, § 9.
S.D. Codified Laws § 1-25A-2 — SD Code / Title 1 / Chapter 25A / Section 1-25A-2
Broadcast not equivalent of legal notice
Status: in_force

Nothing in § 1-25A-1 shall authorize the purchase of radio and television advertising time to broadcast any legal notice which is required to be given by law, nor shall it be construed to give radio and television legal publication status.

Source: SL 1973, ch 17.
S.D. Codified Laws § 1-26B-4 — SD Code / Title 1 / Chapter 26B / Section 1-26B-4
Submission of proposed revisions to interim committee--Areas in which authority necessary--Notice before review begins
Status: in_force

Each agency designated by the committee shall deliver to the members of the interim committee a proposed revision of all its rules, with an overview of changes proposed, at a date specified by the committee. Further, such agency shall designate the specific areas in which rule - making authority is necessary. The committee shall give at least ninety days notice to an agency before a review may begin.

Source: SL 1978, ch 18, § 4; SL 1979, ch 9, § 1; SL 1989, ch 18, § 4.
S.D. Codified Laws § 1-19B-30 — SD Code / Title 1 / Chapter 19B / Section 1-19B-30
Reduction of waiting period for extreme hardship
Status: in_force

The Historic Preservation Commission may reduce the waiting period required by § 1-19B-27 in any case where the owner would suffer extreme hardship, not including loss of profit, unless a reduction in the required period were allowed.

Source: SL 1974, ch 21, § 17.
S.D. Codified Laws § 1-27-1 — SD Code / Title 1 / Chapter 27 / Section 1-27-1
Public records open to inspection and copying
Status: in_force

Except as otherwise expressly provided by statute, all citizens of this state, and all other persons interested in the examination of the public records, as defined in § 1-27-1.1 , are hereby fully empowered and authorized to examine such public record, and make memoranda and abstracts therefrom during the hours the respective offices are open for the ordinary transaction of business and, unless federal copyright law otherwise provides, obtain copies of public records in accordance with this chapter.

Each government entity or elected or appointed government official shall, during normal business hours, make available to the public for inspection and copying in the manner set forth in this chapter all public records held by that entity or official.

Source: SDC 1939, § 48.0701; SL 1977, ch 16, § 2; SL 1982, ch 30, § 1; SL 1987, ch 24; SL 1991, ch 13; SL 1992, ch 10; SL 1994, ch 21; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2004, ch 17, § 2; SL 2009, ch 10, § 1.
S.D. Codified Laws § 1-25-1.1 — SD Code / Title 1 / Chapter 25 / Section 1-25-1.1
Notice of meeting of political subdivision--Agenda--Violation as misdemeanor
Status: in_force

Each political subdivision shall provide public notice, with proposed agenda, that is visible, readable, and accessible for at least an entire, continuous twenty-four hours immediately preceding any official meeting, by posting a copy of the notice, visible to the public, at the principal office of the political subdivision holding the meeting. The proposed agenda shall include the date, time, and location of the meeting. The notice shall also be posted on the political subdivision's website upon dissemination of the notice, if a website exists. For any special or rescheduled meeting, the information in the notice shall be delivered in person, by mail, by email, or by telephone, to members of the local news media who have requested notice. For any special or rescheduled meeting, each political subdivision shall also comply with the public notice provisions of this section for a regular meeting to the extent that circumstances permit. A violation of this section is a Class 2 misdemeanor.

Source: SL 1987, ch 22, § 2; § 1-25-1.2 ; SL 1990, ch 19; SL 1990, ch 30, § 2; SL 2012, ch 6, § 1; SL 2013, ch 9, § 1; SL 2015, ch 11, § 1; SL 2016, ch 10, § 1; SL 2019, ch 3, § 5.
S.D. Codified Laws § 1-18B-13 — SD Code / Title 1 / Chapter 18B / Section 1-18B-13
Payment into treasury of fees and proceeds of sales
Status: in_force

Any money received by the South Dakota State Historical Society or its Board of Trustees from the sale of publications or contracts and agreements for such publications, and fees charged for copies and certification of papers, documents, advertisements, or legal notices as allowed by law, shall be paid into the state treasury and credited to the general fund.

Source: SDC 1939, § 29.0310; SDCL § 1-18-37; SL 1974, ch 9, § 13; SL 2015, ch 277 (Ex. Ord. 15-1 ), §§ 18, 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-16G-10 — SD Code / Title 1 / Chapter 16G / Section 1-16G-10
Annual report by Board of Economic Development
Status: in_force

The Board of Economic Development shall prepare an annual report by the first day of November of each year detailing the activities of the board and the terms and conditions of any grants and loans made, including the current status of outstanding loans.

Source: SL 1987, ch 98, § 15A; SDCL § 1-42-27 ; SL 1993, ch 11, § 2; SL 2007, ch 5, § 8.
S.D. Codified Laws § 1-16A-15.2 — SD Code / Title 1 / Chapter 16A / Section 1-16A-15.2
Determination of minimum amount of cash and investment reserves
Status: in_force

Any determination of a minimum amount of cash and investment reserves and the existence of excess funds available for transfer, grant, or use pursuant to subdivision 1-16A-15(7), shall be evidenced by a resolution of the authority. In establishing the minimum amount of cash and investment reserves the authority shall include in the minimum amount of cash and investment reserves:

(1) Any funds that the authority determines are necessary for any expected operating expenses of the authority; and

(2) Any funds that are pledged to or otherwise reserved for payment of any amounts in respect of any issue of bonds or other obligations issued by the authority.

The authority may require further findings or procedures that the authority deems necessary or appropriate regarding the establishment of a minimum amount of cash and investment reserves.

Source: SL 2018, ch 8, § 2.
S.D. Codified Laws § 1-16G-77 — SD Code / Title 1 / Chapter 16G / Section 1-16G-77
Permit from GOED--Assignment and transfer of permit and payment--Amended application
Status: in_force

Upon approval of the application by the board, GOED shall issue a permit entitling the person to submit an affidavit for new frontiers payment as provided by § 1-16G-80 . The permit and new frontiers payment is assignable and transferable and may be used as collateral or security pursuant to chapter 57A-9 . If the initial permit holder entity reorganizes into a new entity, the new entity shall file with GOED an amended application within sixty days of the reorganization. If either the permit or new frontiers payment, or both, is assigned or transferred to another entity, the entity shall file with GOED an amended application within sixty days.

Source: SL 2016, ch 5, § 5.
S.D. Codified Laws § 1-41-6.1 — SD Code / Title 1 / Chapter 41 / Section 1-41-6.1
State Conservation Commission--Organization
Status: in_force

The State Conservation Commission, created by § 38-7-3 , shall continue within the Department of Agriculture and Natural Resources.

Source: SL 1975, ch 23, § 4; SL 2021, ch 1 (Ex. Ord. 21-3), § 48, eff. Apr. 19, 2021; SL 2024, ch 166, § 2.
S.D. Codified Laws § 1-41-15 — SD Code / Title 1 / Chapter 41 / Section 1-41-15
Water Management Board created--Appointment and terms of members
Status: in_force

There is created a Water Management Board within the Department of Agriculture and Natural Resources. The board shall consist of seven members to be appointed by the Governor for a term of four years, and no more than four members shall be of the same political party. The terms of members of the Water Management Board who are first appointed after the effective date of this order shall be: two appointed for a term of one year; two appointed for a term of two years; two for a term of three years; and one for a term of four years, and such initial terms are to be designated by the Governor. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term.

Source: SL 1979, ch 354, §§ 24, 25; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL § 1-40-15; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-16H-43 — SD Code / Title 1 / Chapter 16H / Section 1-16H-43
Immunity from liability for condition or use of certain donated property
Status: in_force

Any person who donates or otherwise conveys without cost any underground mine workings and related real or personal property, including fixtures or structures, to the Science and Technology Authority for public use or benefit is immune from any liability under state law which arises from its condition or use after donation of the mine workings and related property. This section applies only upon affirmative acceptance of the donation by the authority and approval of the donation acceptance by the Governor.

Source: SL 2004, ch 16, § 1.
S.D. Codified Laws § 1-5-11 — SD Code / Title 1 / Chapter 5 / Section 1-5-11
Bill of Rights Day
Status: in_force

The fifteenth day of December, to be known as Bill of Rights Day, shall be observed in this state as a working holiday. Bill of Rights Day is dedicated to remembrance of and reflection on the ratification of the first ten amendments to the United States Constitution and their significance for all Americans.

Source: SL 1998, ch 5, § 1.
S.D. Codified Laws § 1-41-5 — SD Code / Title 1 / Chapter 41 / Section 1-41-5
Boards and commissions--Administrative functions performed by department--Nomination of officers
Status: in_force

The Department of Agriculture and Natural Resources shall, under the direction and control of the secretary of agriculture and natural resources, perform all administrative functions except special budgetary functions (as defined in § 1-32-1 ) of the following boards and commissions:

(1) The American Dairy Association of South Dakota, created by chapter 40-31 ;

(2) The Seed Certification Board, created by chapter 38-11 ;

(3) The South Dakota Weed and Pest Control Commission, created by chapter 38-22 ;

(4) The State Fair Commission, created by chapter 1-21 ;

(5) The Water Management Board, created by chapter 1-41 ;

(6) The Board of Certification of Water Systems Operators, created by chapter 34A-3 ;

(7) The South Dakota Conservancy District, created by chapter 46A-2 ;

(8) The Board of Minerals and Environment, created by chapter 1-41 ; and

(9) The State Emergency Response Commission, created by chapter 1-50 .

Notwithstanding this section, the staff director of the American Dairy Association of South Dakota is nominated pursuant to § 40-31-2.1 .

Source: SL 1973, ch 2, §§ 132, 134, 135, 192, 193, 195, 196; SL 1975, ch 6, § 2; SL 1993, ch 302, § 19; SL 2021, ch 1 (Ex. Ord. 21-3), § 47, eff. Apr. 19, 2021; SL 2024, ch 146, § 1.
S.D. Codified Laws § 1-16J-25 — SD Code / Title 1 / Chapter 16J / Section 1-16J-25
Sharing of agency employees
Status: in_force

The authority may share employees with governmental agencies.

Source: SL 2009, ch 8, § 25.
S.D. Codified Laws § 1-18-17 — SD Code / Title 1 / Chapter 18 / Section 1-18-17
Society--Management--Trustees
Status: in_force

The board of trustees shall oversee the affairs of the historical society, and perform those functions assigned in this chapter and all other functions as may be assigned by law. The board has advisory functions, as defined in § 1-32-1 , with regard to the South Dakota State Historical Society.

Source: SDC 1939, § 29.0115; SL 1945, ch 125, § 2; SL 2021, ch 7, § 15.
S.D. Codified Laws § 1-16A-51 — SD Code / Title 1 / Chapter 16A / Section 1-16A-51
State debt not created--Disclaimer in bonds
Status: in_force

Nothing in this chapter shall be construed to authorize the authority to create a debt of the state within the meaning of the Constitution or statutes of South Dakota and all bonds issued by the authority pursuant to the provisions of this chapter are payable and shall state that they are payable solely from the funds pledged for their payment in accordance with the resolution authorizing their issuance or in any trust indenture or mortgage or deed of trust executed as security therefor. The state shall not in any event be liable for the payment of the principal of or interest on any bonds of the authority or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever which may be undertaken by the authority. No breach of any such pledge, mortgage, obligation, or agreement may impose any pecuniary liability upon the state or any charge upon their general credit or against their taxing power.

Source: SL 1972, ch 10, § 13.
S.D. Codified Laws § 1-26-30.4 — SD Code / Title 1 / Chapter 26 / Section 1-26-30.4
Scope of sections on appeals to circuit courts
Status: in_force

The sections of this chapter on appeals to circuit courts shall govern civil appeals to the circuit courts of South Dakota from final decisions, rulings, or actions of agencies pursuant to chapter 1-26 .

Source: Supreme Court Rule 82-35.
S.D. Codified Laws § 1-37-11 — SD Code / Title 1 / Chapter 37 / Section 1-37-11
Board of Accountancy transferred
Status: transferred

The Board of Accountancy, created by chapter 36-20B , and its functions in the former Department of Commerce and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Commerce and Regulation, relating to the Board of Accountancy.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 51; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-19A-11.1 — SD Code / Title 1 / Chapter 19A / Section 1-19A-11.1
Preservation of historic property--Procedures
Status: in_force

The state or any political subdivision of the state, or any instrumentality thereof, may not undertake any project which will encroach upon, damage or destroy any historic property included in the national register of historic places or the state register of historic places until the South Dakota State Historical Society has been given notice and an opportunity to investigate and comment on the proposed project. The office may solicit the advice and recommendations of the board with respect to such project and may direct that a public hearing be held thereon. If the office determines that the proposed project will encroach upon, damage or destroy any historic property which is included in the national register of historic places or the state register of historic places or the environs of such property, the project may not proceed until:

(1) The Governor, in the case of a project of the state or an instrumentality thereof or the governing body of the political subdivision has made a written determination, based upon the consideration of all relevant factors, that there is no feasible and prudent alternative to the proposal and that the program includes all possible planning to minimize harm to the historic property, resulting from such use; and

(2) Ten day's notice of the determination has been given, by certified mail, to the South Dakota State Historical Society. A complete record of factors considered shall be included with such notice.

Any person aggrieved by the determination of the Governor or governing body may appeal the decision pursuant to the provisions of chapter 1-26 .

The failure of the office to initiate an investigation of any proposed project within thirty days from the date of receipt of notice thereof is approval of the project.

Any project subject to a federal historic preservation review need not be reviewed pursuant to this section.

Source: SL 1987, ch 20; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-15-10.3 — SD Code / Title 1 / Chapter 15 / Section 1-15-10.3
Transfer of institutional residents to other states or federal government--Payment of expenses
Status: in_force

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

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

Source: SL 1972, ch 9, § 3; SL 1983, ch 199, § 9; SL 1989, ch 20, § 21.
S.D. Codified Laws § 1-1-23 — SD Code / Title 1 / Chapter 1 / Section 1-1-23
Expressions of sovereign will
Status: in_force

The will of the sovereign power is expressed:

(1) By the Constitution of the United States;

(2) By treaties made under the authority of the United States;

(3) By statutes enacted by the Congress of the United States;

(4) By the Constitution of this state;

(5) By statutes enacted by the Legislature;

(6) By statutes enacted by vote of the voters;

(7) By the ordinances of authorized subordinate bodies;

(8) Rules of practice and procedure prescribed by courts or adopted by departments, commissions, boards, officers of the state, or its subdivisions pursuant to authority so to do.

Source: SDC 1939, § 65.0102; SL 1985, ch 15, § 5.
S.D. Codified Laws § 1-16A-30 — SD Code / Title 1 / Chapter 16A / Section 1-16A-30
Laws and ordinances applicable to facilities
Status: in_force

All facilities shall be subject to the planning, zoning, sanitary, and building laws, ordinances and regulations applicable to the locality in which any such facilities are to be situated.

Source: SL 1972, ch 10, § 18.
S.D. Codified Laws § 1-45-4.4 — SD Code / Title 1 / Chapter 45 / Section 1-45-4.4
Services to visually impaired and deaf or hard of hearing children
Status: in_force

The Department of Education shall develop and implement a plan to identify and evaluate deaf or hard of hearing and visually impaired children and coordinate delivery of direct educational programs and services to meet the needs of all visually impaired and deaf or hard of hearing children in South Dakota.

Source: SL 1991, ch 22; SL 1996, ch 8, § 13; SL 2003, ch 272 (Ex. Ord. 03-1) § 63; SL 2010, ch 77, § 1; SL 2019, ch 8, § 2.
S.D. Codified Laws § 1-16H-2 — SD Code / Title 1 / Chapter 16H / Section 1-16H-2
Purpose of authority
Status: in_force

The purpose of the authority created by this chapter is to foster and facilitate scientific and technological investigation, experimentation, and development by creating a mechanism through which laboratory, experimental, and development facilities may be acquired, developed, constructed, maintained, operated, and decommissioned.

Source: SL 2004, ch 15, § 2.
S.D. Codified Laws § 1-16B-25 — SD Code / Title 1 / Chapter 16B / Section 1-16B-25
Appointment of trustee on default in payment of bonds or notes
Status: in_force

If the authority is in default in the payment of principal or interest on any bonds or notes issued under this chapter for a period of thirty days, or if the authority fails to comply with the provisions of this chapter or defaults in any agreement with the holders of bonds or notes of the authority, the holders of twenty - five percent of the aggregate principal amount of the outstanding bonds or notes of that issue may appoint a trustee to represent them by filing the appointment with the secretary of state.

Source: SL 1978, ch 9, § 21.
S.D. Codified Laws § 1-6-3 — SD Code / Title 1 / Chapter 6 / Section 1-6-3
Preservation of original seal
Status: in_force

The original seal as produced by Richard Cropp of Mitchell shall be kept in a container sealed against sunlight and housed in a location to be determined by the secretary of state.

Source: SL 1961, ch 291, § 2; SL 1987, ch 2, § 2.
S.D. Codified Laws § 1-33-50 — SD Code / Title 1 / Chapter 33 / Section 1-33-50
Internal service fund for data processing--Use of revenues--Maximum operating balance
Status: in_force

There is hereby established in the state treasury a data processing internal service fund. Any receipts or revenues into said fund may be expended for the purpose of defraying the expenses of the data processing services provided by the service agency authorized by § 1-33-45 . The fee schedule for services rendered by the service agency shall provide for a maximum operating balance of two months' average operating expenditures incurred by such operation. This average shall be calculated on an accrual basis and shall be double a moving monthly average of the twelve months' operating expenditures preceding the month of operation.

Source: SL 1966, ch 181; SDCL, § 4-7-23; SL 1970, ch 30, § 5; SL 1974, ch 41; SDCL, § 1-14-12.3 .
S.D. Codified Laws § 1-19B-11 — SD Code / Title 1 / Chapter 19B / Section 1-19B-11
Cooperation with governmental agencies
Status: in_force

Any county or municipal historic preservation commission established pursuant to this chapter may cooperate with the federal, state, and local governments in the pursuance of the objectives of historic preservation.

Source: SL 1974, ch 21, § 3 (6); SL 2009, ch 1, § 74.
S.D. Codified Laws § 1-18B-14 — SD Code / Title 1 / Chapter 18B / Section 1-18B-14
Historical Records Board abolished
Status: in_force

The Historical Records Board established pursuant to chapter 1-18B is hereby abolished.

Source: SL 1985, ch 400, § 23.
S.D. Codified Laws § 1-10-7 — SD Code / Title 1 / Chapter 10 / Section 1-10-7
Award of grants
Status: in_force

The South Dakota Teen Court Association shall award grants to entities within the State of South Dakota that are recognized by the National Youth Court Association. The awards shall be to support the development, growth, quality, and continuation of teen court programs in South Dakota.

Source: SL 2007, ch 3, § 3, eff. Mar. 16, 2007.
S.D. Codified Laws § 1-18C-12 — SD Code / Title 1 / Chapter 18C / Section 1-18C-12
Promulgation of rules
Status: in_force

The State Historical Society Board of Trustees shall promulgate rules, pursuant to chapter 1-26 , to establish procedures for review, disposition, and storage of historical governmental documents having permanent value.

Source: SL 1975, ch 24, § 13; SL 1985, ch 8, § 2; SL 2009, ch 1, § 51.
S.D. Codified Laws § 1-54-4 — SD Code / Title 1 / Chapter 54 / Section 1-54-4
Governor to hold hearings before entering into gaming compact
Status: in_force

Before entering into a compact with an Indian tribe on any class III gaming under the Federal Indian Gaming Regulatory Act, the Governor or the Governor's designee must hold one or more public hearings in the affected area to allow any interested persons to state their views.

Source: SL 1989, ch 373; SDCL 1-4-25; SL 2011, ch 1 (Ex. Ord. 11-1), § 82, eff. Apr. 12, 2011; SL 2023, ch 3, § 13.
S.D. Codified Laws § 1-51-8 — SD Code / Title 1 / Chapter 51 / Section 1-51-8
Division of Emergency and Disaster Services transferred
Status: transferred

The Division of Emergency and Disaster Services in the Department of Military and Veterans Affairs and its functions are transferred to the Department of Public Safety. The secretary of the Department of Public Safety shall perform the functions of the secretary of the Department of Military and Veterans Affairs, relating to the Division of Emergency Disaster Services.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 72.
S.D. Codified Laws § 1-41-15.3 — SD Code / Title 1 / Chapter 41 / Section 1-41-15.3
Officers of Water Management Board--Meetings
Status: in_force

The Water Management Board shall annually elect a chair, vice chair, and secretary. A prehearing officer may be appointed by the board as needed to conduct prehearing matters. The board shall meet at least four times a year upon the call of the chair or the secretary of the Department of Agriculture and Natural Resources.

Source: SL 1979, ch 354, § 28; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL § 1-40-18; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021; SL 2021, ch 13, § 1.
S.D. Codified Laws § 1-22-1 — SD Code / Title 1 / Chapter 22 / Section 1-22-1
Legislative findings and policy
Status: in_force

The South Dakota Legislature, being aware of the impact of culture on a stable economy, desires to stimulate, encourage, and give recognition and assistance to the arts which, in order to grow and flourish, depend upon freedom, imagination and individual initiative. While the development of the arts has long been considered a matter of local concern, there is a need to unify and coordinate these forces on a statewide basis. The arts, the creative spirit which motivates them and which they personify, are an essential part of this state's human resources. The best interest of the state and its people requires that artistic expression in all of its forms be disseminated for everyone to see, appreciate and enjoy in order for our cultural and economic progress to be sustained and given impetus.

Source: SL 1966, ch 183, § 1; SL 1985, ch 12, § 1.
S.D. Codified Laws § 1-33B-25 — SD Code / Title 1 / Chapter 33B / Section 1-33B-25
Acceptance of aid or contributions
Status: in_force

The Governor's Office of Economic Development may receive and accept from any source, aid, or contribution of moneys, property, labor, or other things of value to be held, used, and applied to carry out the purposes of this chapter, subject to the conditions upon which the grants or contributions are made, including, gifts or grants from any department, agency, or instrumentality of the United States for any purpose consistent with the provisions of this chapter.

Source: SL 1991, ch 16, § 12; SL 1994, ch 410 (Ex. Ord. 93-9), § 17.
S.D. Codified Laws § 1-26-1 — SD Code / Title 1 / Chapter 26 / Section 1-26-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Agency," each association, authority, board, commission, committee, council, department, division, office, officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty. The term includes a home-rule municipality that has adopted its own administrative appeals process, whose final decisions, rulings, or actions rendered by that process are subject to judicial review pursuant to this chapter. The term does not include the Legislature, the Unified Judicial System, any unit of local government, or any agency under the jurisdiction of these exempt departments and units unless the department, unit, or agency is specifically made subject to this chapter by statute;

(2) "Contested case," a proceeding, including rate-making and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing but the term does not include the proceedings relating to rule making other than rate-making, proceedings related to inmate disciplinary matters as defined in § 1-15-20 , or student academic proceedings under the jurisdiction of the Board of Regents;

(3) "License," the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law;

(4) "Licensing," the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license;

(5) "Major rule," any proposed rule that is to have or is likely to have more than $3,000,000 in implementation and compliance costs incurred by or passed along to businesses, individuals, other nongovernmental entities, and units of local government as a result of the rule, over the two-year period following adoption of the rule;

(6) "Party," each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party;

(7) "Person," all political subdivisions and agencies of the state;

(8) "Rule," each agency statement of general applicability that implements, interprets, or prescribes law, policy, procedure, or practice requirements of any agency. The term includes the amendment or repeal of a prior rule, but does not include:

(a) Statements concerning only the internal management of an agency;

(b) Statements not affecting private rights or procedure available to the public;

(c) Declaratory rules issued pursuant to § 1-26-15 ;

(d) Official opinions issued by the attorney general pursuant to § 1-11-1 ;

(e) Executive orders issued by the Governor;

(f) Student matters under the jurisdiction of the Board of Regents;

(g) Actions of the Department of Transportation pursuant to § 1-44-28 ;

(h) Inmate disciplinary matters as defined in § 1-15-20 ;

(i) Internal control procedures adopted by the Gaming Commission pursuant to § 42-7B-25.1 ;

(j) Policies governing specific state fair premiums, awards, entry, and exhibit requirements adopted by the Department of Agriculture and Natural Resources pursuant to § 1-21-10 ; and

(k) Lending procedures and programs of the South Dakota Housing Development Authority; and

(9) "Substantial evidence," such relevant and competent evidence as a reasonable mind might accept as being sufficiently adequate to support a conclusion.

Source: SDC 1939, § 65.0106; SL 1966, ch 159, § 1; SL 1968, ch 210; SL 1972, ch 8, § 3; SL 1973, ch 264, § 1; SL 1974, ch 16, §§ 1, 2; SL 1975, ch 16, §§ 7, 8; SL 1976, ch 14, §§ 1, 2; SL 1977, ch 13, § 1; SL 1977, ch 14; SL 1980, ch 17; SL 1982, ch 20, § 2; SL 1983, ch 199, § 1; SL 1989, ch 20, § 42; SL 1990, ch 343, § 9A; SL 1992, ch 8, § 3; SL 1995, ch 3, § 2; SL 1996, ch 10, § 1; SL 1996, ch 130, § 15A; SL 1999, ch 6, § 1; SL 2004, ch 20, § 1; SL 2012, ch 7, § 1; SL 2014, ch 73, § 1; SL 2025, ch 9, § 1; SL 2026, ch 7, § 1.
S.D. Codified Laws § 1-8-5 — SD Code / Title 1 / Chapter 8 / Section 1-8-5
Copies of records to be furnished by secretary of state--Redaction of certain information
Status: in_force

The secretary of state, upon the payment of the applicable fees, shall furnish to any person a certified copy of any document, book, instrument, paper, or law of this state on file in the Office of the Secretary of State. The certified copy shall be a true, correct, and examined copy of the original document, book, instrument, paper, or law. If the certified copy contains a social security or employer identification number which has not been supplied by the person requesting the copy, such number shall be redacted prior to furnishing the certified copy.

Source: SDC 1939, § 55.1205; SL 1959, ch 288; SL 1985, ch 5, § 3; SL 2009, ch 3, § 1.
S.D. Codified Laws § 1-16A-65 — SD Code / Title 1 / Chapter 16A / Section 1-16A-65
Health education assistance loan program established
Status: in_force

There is established to be financed by the health and educational facilities authority created by this chapter, a South Dakota health education loan program pursuant to P.L. 94-484.

Source: SL 1982, ch 10, § 4.
S.D. Codified Laws § 1-16B-53 — SD Code / Title 1 / Chapter 16B / Section 1-16B-53
Preferred development project defined
Status: in_force

The term, preferred development project, as used in this chapter, means any site, structure, facility, service, utility, or undertaking compromising, serving, or being a part of any industrial or agricultural or nonagricultural products, storage, distribution, or manufacturing enterprise, which employs not fewer than two thousand individuals.

Source: SL 1994, ch 11, § 7.
S.D. Codified Laws § 1-22-17 — SD Code / Title 1 / Chapter 22 / Section 1-22-17
Alternatives not precluded
Status: in_force

Nothing in §§ 1-22-9 to 1-22-17 , inclusive, may be construed as precluding the placement or purchase of other works of art. Nor may anything in §§ 1-22-9 to 1-22-17 , inclusive be construed as precluding the use of ornamental detailing, or other architectural, functional, or structural garnishing in constructing public buildings or facilities.

Source: SL 1989, ch 14, § 9.