reglab/housing_qa huggingface dataset:
SD Codified L § 38-21-58 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 21 - Agricultural Pesticide Application|Section 38-21-58 - Application of pesticide--Licensed commercial applicator--Personal property.

38-21-58. Application of pesticide--Licensed commercial applicator--Personal property.Any commercial applicator who is licensed pursuant to this chapter to apply pesticides to agricultural land may apply pesticides to property owned by the applicator without a private applicator's license if the commercial categories in which the applicator is licensed are the appropriate applications to be made. Any applicator shall abide by all state and federal rules and regulations pertaining to private applicator pesticide application when applying pesticides on the applicator's own property. Source: SL 2013, ch 194, §1; SL 2020, ch 174, § 24.
SD Codified L § 38-22-1.1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-1.1 - Administration of commission under department supervision--Independent functions retained by commission.

38-22-1.1. Administration of commission under department supervision--Independent functions retained by commission.The South Dakota Weed and Pest Control Commission shall be administered under the direction and supervision of the department and the secretary of agriculture and natural resources. The commission retains the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions (as defined in §1-32-1) otherwise vested in it and may exercise those functions independently of the secretary. Source: SL 1973, ch 2, §193; SL 1983, ch 282, §2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-22-1.2 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-1.2 - Definitions.

38-22-1.2. Definitions.Terms used in this chapter mean:(1)"Agricultural chemical," any material used to control or eradicate weeds or pests;(2)"Board," any county weed and pest board;(3)"Board member area," a geographical area within a county from which a member of the board is appointed;(4)"Commission," the South Dakota Weed and Pest Control Commission;(5)"Control," the prevention or limiting of the growth, spread, or development of weeds or pests;(6)"Department," the State Department of Agriculture and Natural Resources;(7)"Pest," any rodent, bird, other than a game bird or a state or federally protected bird, insect, or nematode which the commission has found to be detrimental to the production of crop or livestock or to the welfare of persons residing within the state. Prairie dogs are included in the definition of a pest if all of the following conditions apply:(a)Sylvatic plague has been reported in any prairie dog colony east of the Rocky Mountains;(b)The South Dakota Department of Game, Fish and Parks has determined that the population of prairie dogs within the state, including tribal lands, exceeds the one hundred forty-five thousand acre level;(c)Prairie dogs are colonizing on lands where the prairie dogs are unwanted by the owner of the impacted land;(d)Lands adjacent to the impacted owner's land do not have a maintained one-mile buffer zone, or other mutually agreed border, in which prairie dog control is applied; and(i)The owner of the impacted land has filed a written complaint of encroachment requesting mitigation or abatement with the South Dakota Department of Agriculture and Natural Resources and served a copy upon the owner of adjoining lands from which the prairie dogs are encroaching; or(ii)The owner of the impacted land has filed a written complaint of the encroachment with the county weed and pest board;(8)"Pesticide," a substance or mixture of substances for preventing, destroying, repelling, or mitigating any pest or any substance or mixture of substances intended for use as a plant regulatory, defoliant, or desiccant or any substance or mixture of substances intended to be used as a spray adjuvant;(9)"Secretary," the state secretary of the Department of Agriculture and Natural Resources;(10)"Supervisor," any person appointed or employed by a board for the purpose of carrying out the provisions of this chapter;(11)"Weed," any plant which the commission has found to be detrimental to the production of crops or livestock or to the welfare of persons residing within the state. Source: SL 1983, ch 282, §1; SL 1989, ch 345, §1; SL 2005, ch 212, §1; SL 2007, ch 228, §1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-22-1.3 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-1.3 - State Weed and Pest Control Commission abolished.

38-22-1.3. State Weed and Pest Control Commission abolished.The State Weed and Pest Control Commission established in this chapter is abolished. Source: SL 1987, ch 393 (Ex. Ord. 87-4), §19.
SD Codified L § 38-22-1.4 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-1.4 - South Dakota Weed and Pest Control Commission established.

38-22-1.4. South Dakota Weed and Pest Control Commission established.There is established the South Dakota Weed and Pest Control Commission. Source: SL 1987, ch 393 (Ex. Ord. 87-4), §20.
SD Codified L § 38-22-1.5 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-1.5 - Composition of commission.

38-22-1.5. Composition of commission.The South Dakota Weed and Pest Control Commission consists of the following members: the secretary of agriculture and natural resources or a designee and the dean of the college of agriculture and biological sciences of South Dakota State University or a designee who shall serve as nonvoting members, the secretary of transportation or a designee, the secretary of game, fish and parks or a designee, the commissioner of school and public lands or a designee, a member of the South Dakota Association of County Commissioners to be appointed by that association, and five members appointed by the Governor as provided in §38-22-1.6. Source: SL 1987, ch 393 (Ex. Ord. 87-4), §21; SL 2002, ch 189, §1; SL 2010, ch 199, §1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-22-1.6 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-1.6 - Nomination of appointive members of commission--Areas represented--Length of terms.

38-22-1.6. Nomination of appointive members of commission--Areas represented--Length of terms.The five members of the South Dakota Weed and Pest Control Commission appointed by the Governor shall be selected from a list of nominees presented by the State Association of County Weed and Pest Boards, who shall submit at least three names for each appointment. One member from District I shall reside within the counties of Beadle, Brookings, Brown, Clark, Codington, Day, Deuel, Edmunds, Faulk, Grant, Hamlin, Hand, Hyde, Kingsbury, Marshall, McPherson, Roberts, or Spink; one member from District II shall reside within the counties of Aurora, Bon Homme, Brule, Buffalo, Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, Jerauld, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, or Yankton; one member from District III shall reside within the counties of Bennett, Campbell, Corson, Dewey, Gregory, Haakon, Hughes, Jackson, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, Tripp, Walworth, or Ziebach; and one member from District IV shall reside within the counties of Butte, Custer, Fall River, Harding, Lawrence, Meade, Oglala Lakota, Pennington, or Perkins; and one additional South Dakota resident shall be appointed by the Governor to serve as an at-large member of the commission selected from a list of names representing one individual from each district. The term of each member appointed pursuant to this section shall be for no more than two consecutive four-year terms with the exception of the initial appointments which shall be made as follows: District I for a one-year term, District II for a two-year term, District III for a three-year term, and District IV for a four-year term. As the term of any gubernatorial member expires, a new member shall be appointed from the district for a period of four years. If a vacancy occurs in any of the terms, the Governor may appoint a successor in the manner described in this section to complete the term. Source: SL 1987, ch 393 (Ex. Ord. 87-4), §22; SL 2010, ch 199, §2; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
SD Codified L § 38-22-1.7 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-1.7 - Functions of commission.

38-22-1.7. Functions of commission.The South Dakota Weed and Pest Control Commission shall perform all of the functions and have all of the responsibilities of the former State Weed and Pest Control Commission established in this chapter. Source: SL 1987, ch 393 (Ex. Ord. 87-4), §23.
SD Codified L § 38-22-1.8 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-1.8 - End of current terms--Commencement of new terms--Term limits.

38-22-1.8. End of current terms--Commencement of new terms--Term limits.The terms of the appointed members of the South Dakota Weed and Pest Control Commission in office on July 1, 2010, continue until January 1, 2011, at which time their terms end. The Governor shall appoint five members pursuant to §38-22-1.6. Terms for those members shall begin on January 1, 2011. The appointments may include former or currently serving commission members. No term previous to the reformulation of the commission pursuant to SL 2010, ch 199 may be considered in regard to term limitations. Source: SL 2010, ch 199, §3.
SD Codified L § 38-22-5 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-5 - Meetings of commission--Election and terms of officers.

38-22-5. Meetings of commission--Election and terms of officers.The South Dakota Weed and Pest Control Commission shall hold its meetings at such times as it may designate, but the annual meeting shall be held on such date as may be established by rules promulgated pursuant to chapter 1-26 at which meeting a president and vice-president shall be elected; however, the president may call special meetings. The president and vice-president shall be elected from among the members of the commission for a term of one year beginning with the meeting at which they are elected. Source: SL 1945, ch 349, §2; SL 1949, ch 437; SDC Supp 1960, §62.0302; SL 1975, ch 252, §3; SL 1983, ch 282, §6; SL 1986, ch 326, §52.
SD Codified L § 38-22-6 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-6 - Appointment of state weed and pest coordinator.

38-22-6. Appointment of state weed and pest coordinator.The secretary of agriculture and natural resources shall appoint a state weed and pest coordinator, who may not be a member of the South Dakota Weed and Pest Control Commission. Source: SL 1945, ch 349, §§2, 3; SL 1949, ch 437; SDC Supp 1960, §§62.0302, 62.0303; SL 1975, ch 252, §4; SL 1983, ch 282, §7; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-22-7 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-7 - Formulation of weed and pest program.

38-22-7. Formulation of weed and pest program.The South Dakota Weed and Pest Control Commission shall formulate a weed and pest program for the prevention, suppression, control, and eradication of weeds and pests in South Dakota. Source: SL 1945, ch 349, §3; SL 1949, ch 437; SDC Supp 1960, §62.0303; SL 1983, ch 282, §8.
SD Codified L § 38-22-8 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-8 - Cooperation with other state agencies--Functions of experiment station and extension service.

38-22-8. Cooperation with other state agencies--Functions of experiment station and extension service.The South Dakota Weed and Pest Control Commission and the Department of Agriculture and Natural Resources shall at all times work in close cooperation with all state agencies, and particularly, they shall cooperate with the South Dakota State University agricultural experiment station in matters of research and their research shall be carried on by the experiment station; they shall cooperate with the South Dakota State University Agricultural Extension Service in matters of education and publicity and the extension service shall handle all matters of education and publicity. Source: SL 1945, ch 349, §5; SDC Supp 1960, §62.0305; SL 1983, ch 282, §9; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-22-9 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-9 - Determination and publication of lists of state weeds and pests.

38-22-9. Determination and publication of lists of state weeds and pests.The South Dakota Weed and Pest Control Commission, pursuant to rules promulgated pursuant to the provisions of chapter 1-26, may determine which plants and animals shall be considered to be weeds and pests and shall from time to time prepare, and the Department of Agriculture and Natural Resources shall publish, a list of state weeds and pests. Source: SL 1945, ch 349, §3; SL 1949, ch 437; SDC Supp 1960, §62.0303; SL 1983, ch 282, §10; SL 1986, ch 326, §49; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-22-11 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-11 - Enforcement of commission rules, regulations, processes, subpoenas, and orders.

38-22-11. Enforcement of commission rules, regulations, processes, subpoenas, and orders.The rules, processes, subpoenas, and orders of the South Dakota Weed and Pest Control Commission may be enforced by any court of competent jurisdiction. Source: SL 1949, ch 437; SDC Supp 1960, §62.0303; SL 1983, ch 282, §13; SL 1986, ch 326, §50.
SD Codified L § 38-22-11.1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-11.1 - Promulgation of rules.

38-22-11.1. Promulgation of rules.The commission may promulgate rules pursuant to chapter 1-26:(1)To provide procedures for enforcement of weed and pest control;(2)To provide for records and reports;(3)To prescribe county weed and pest board activities;(4)To prescribe what constitutes a weed or pest;(5)To prescribe when an infestation constitutes a menace; and(6)To establish standards for application, economic feasibility, technical feasibility, reporting, and evaluation of weed and pest control projects. Source: SL 1986, ch 326, §51; SL 1989, ch 345, §8.
SD Codified L § 38-22-12 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-12 - Administration of state weed and pest program.

38-22-12. Administration of state weed and pest program.The state weed and pest coordinator shall administer the state weed and pest program formulated by the South Dakota Weed and Pest Control Commission. Source: SL 1945, ch 349, §5; SDC Supp 1960, §62.0305; SL 1983, ch 282, §14.
SD Codified L § 38-22-13 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-13 - Moving agricultural machinery without cleaning as misdemeanor.

38-22-13. Moving agricultural machinery without cleaning as misdemeanor.It is a Class 2 misdemeanor for any person to move any harvesting or portable seed cleaning or agricultural processing equipment or vehicles on which the equipment is transported into this state or from any field within the state in which it has been used to another field without first cleaning such equipment and vehicles. For purposes of this section, equipment and vehicles are deemed to be clean if essentially free from dirt, seed, straw, and chaff. Source: SL 1955, ch 436; SDC Supp 1960, §§62.0309 (2), 62.9901; SL 1973, ch 256, §§1, 2; SDCL, §38-22-15; SL 1977, ch 190, §331; SL 1983, ch 282, §15.
SD Codified L § 38-22-16 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-16 - Infested land declared public nuisance--Protective operations by secretary.

38-22-16. Infested land declared public nuisance--Protective operations by secretary.If any owner of weed or pest infested land fails to rid the land of such infestation and the secretary of agriculture and natural resources finds that such infestation is a menace to neighboring lands or to the state or its people he may declare such infested land to constitute a public nuisance and may enter such infested areas and perform such protective operations as may be necessary. Source: SL 1945, ch 349, §8; SL 1949, ch 437; SDC Supp 1960, §62.0308; SL 1970, ch 225, §5; SL 1983, ch 282, §16; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-22-16.1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-16.1 - Weeds or pests in any amount considered infestation.

38-22-16.1. Weeds or pests in any amount considered infestation.The existence of weeds or pests in any amount or quantity upon land is sufficient to determine that such land is infested. Source: SL 1970, ch 225, §2; SL 1983, ch 282, §17.
SD Codified L § 38-22-16.2 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-16.2 - Property owner who allows spread of infestation of noxious weeds or mountain pine beetle responsible for remedy.

38-22-16.2. Property owner who allows spread of infestation of noxious weeds or mountain pine beetle responsible for remedy.If an infestation of noxious weeds or an infestation of mountain pine beetle spreads to adjacent private or public land, the person or entity owning the property from which the infestation spread is responsible for remedying the problems caused by the infestation, to the extent that the person or entity is responsible for allowing the infestation to spread to the adjacent private or public land. Source: SL 2000, ch 202, §1.
SD Codified L § 38-22-17 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-17 - Notice to owner of infested land--Service--Contents.

38-22-17. Notice to owner of infested land--Service--Contents.No operations to rid lands of infestation may be undertaken pursuant to §38-22-16 until notice of the declaration that such infested land constitutes a nuisance has been given to the owner. Notice shall be given by personal service upon the owner, if a resident of this state, a copy of the declaration filed in the office of the county auditor, in the manner that summons in civil actions are served, or by personal service upon the person in actual possession of the premises, together with a copy of the declaration provided for in §38-22-16, that unless the owner complies with the orders of the secretary of agriculture and natural resources within such time as the declaration states, which may be not less than three days nor more than fifteen days from the date of service, as specified in the notice, that protective operations shall be performed by the secretary and, if the owner does not pay the costs of such operations prior to the first day of November in the year in which the operations are performed, the cost shall become a lien against the lands of the owner. Source: SL 1945, ch 349, §8; SL 1949, ch 437; SDC Supp 1960, §62.0308; SL 1983, ch 282, §18; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-22-17.1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-17.1 - Noncompliance with orders as misdemeanor.

38-22-17.1. Noncompliance with orders as misdemeanor.It is a Class 2 misdemeanor for any owner, occupant, or other person who maintains or exercises control or management over land to fail to comply with any order of the secretary of agriculture and natural resources or the South Dakota Weed and Pest Control Commission to effectuate the purposes in this chapter. Source: SL 1970, ch 225, §3; SL 1977, ch 190, §333; SL 1983, ch 282, §19; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-22-17.2 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-17.2 - Intervention on federal land by State Weed and Pest Control Commission.

38-22-17.2. Intervention on federal land by State Weed and Pest Control Commission.If any agency of the United States fails or refuses to suppress weeds or pests on any land owned or controlled by such agency after receiving notice of such infestation by the county weed and pest board pursuant to this chapter, the South Dakota Weed and Pest Control Commission, at the request of the county board, shall intervene on its behalf. The attorney general shall provide such legal counsel as the South Dakota Weed and Pest Control Commission may require to resolve any such dispute. Source: SL 1987, ch 290.
SD Codified L § 38-22-18 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-18 - Service of notice on nonresident owner of infested land.

38-22-18. Service of notice on nonresident owner of infested land.If the owner of infested land is not a resident of South Dakota, service of notice may be made by posting such notice at the courthouse in the county in which the land is situated, and by mailing to the last known address of the owner. Service is deemed complete five days after the date of the posting and mailing of the notices, which shall be evidenced by the affidavit of a person qualified to serve civil process in this state to be filed with the county auditor. However personal service upon the owner outside of this state is sufficient. Source: SL 1949, ch 437; SDC Supp 1960, §62.0308; SL 1983, ch 282, §20.
SD Codified L § 38-22-19 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-19 - Police powers of state personnel in enforcement of chapter.

38-22-19. Police powers of state personnel in enforcement of chapter.In the performance of their duties, pursuant to this chapter, the South Dakota Weed and Pest Control Commission, the secretary of agriculture and natural resources, his assistants, inspectors, agents, and employees are vested with police powers. Source: SL 1949, ch 437; SDC Supp 1960, §62.0308; SL 1983, ch 282, §21; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-22-20 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-20 - Entry by state personnel not deemed trespass--Crop damage not assessed.

38-22-20. Entry by state personnel not deemed trespass--Crop damage not assessed.The entrance by an agent or employee of the secretary of agriculture and natural resources, county or supervisor, upon property, in performing his duties, pursuant to this chapter, does not constitute trespass, nor may damage be assessed against the state, the secretary, his agents or employees, the county, or any supervisor doing weed or pest control work. Source: SL 1949, ch 437; SDC Supp 1960, §62.0308; SL 1983, ch 282, §22; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.