reglab/housing_qa huggingface dataset:
SD Codified L § 34-48A-48 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 48A - Emergency Management|Section 34-48A-48 - District special emergency and disaster fund--Sources--Withdrawals.

34-48A-48. District special emergency and disaster fund--Sources--Withdrawals.Each district organization for emergency management may establish a special emergency and disaster fund in the office of the county treasurer of the county where the district office is located, which shall be a special revenue fund. Any reimbursement or matching funds from any source whatever, shall be deposited in the fund and used for emergency management purposes. Withdrawals from the fund shall be made on warrants drawn by the county auditor of the county on vouchers signed by the district organization director and one commissioner from the advisory board of the district. Source: SL 1959, ch 287; SDC Supp 1960, §41.01C07 (3); SL 1977, ch 271, §32; SL 1992, ch 236, §23; SDCL §33-15-37.
SD Codified L § 34-48A-49 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 48A - Emergency Management|Section 34-48A-49 - Emergency management as governmental function--Exceptions--Worker's compensation.

34-48A-49. Emergency management as governmental function--Exceptions--Worker's compensation.All functions under this chapter and all other activities relating to emergency management are governmental functions. Neither the state nor any political subdivision thereof, nor other agencies, nor, except in cases of willful misconduct, gross negligence, or bad faith, any emergency management worker complying with or reasonably attempting to comply with this chapter, or any order, rule promulgated pursuant to the provisions of this chapter, or pursuant to any ordinance relating to blackout or other precautionary measures enacted by any political subdivision of this state, is liable for the death of or injury to persons, or damage to property, as a result of such activity. The provisions of this section do not affect the right of any person to receive benefits to which he would otherwise be entitled under this chapter, or under the worker's compensation law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress. Source: SL 1949, ch 236, §10; SL 1951, ch 285, §10; SL 1953, ch 288, §6; SDC Supp 1960, §41.01C09 (1); SL 1977, ch 271, §38; SL 1992, ch 236, §24; SDCL §33-15-38.
SD Codified L § 34-48A-50 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 48A - Emergency Management|Section 34-48A-50 - Exemption from licensing requirements during emergency.

34-48A-50. Exemption from licensing requirements during emergency.Any requirement for a license to practice any professional, mechanical, or other skill does not apply to any authorized emergency management worker who shall, in the course of performing his duties as such, practice such professional, mechanical, or other skill during a disaster or emergency. Source: SL 1953, ch 288, §6; SDC Supp 1960, §41.01C09 (2); SL 1977, ch 271, §39; SL 1992, ch 236, §25; SDCL §33-15-39.
SD Codified L § 34-48A-51 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 48A - Emergency Management|Section 34-48A-51 - Civil defense shelters on private property--Immunity from liability.

34-48A-51. Civil defense shelters on private property--Immunity from liability.Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending, mock, or practice attack or other disaster or emergency as defined within this chapter shall, together with his successors in interest, if any, not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises for loss of, or damage to, the property of such person. Source: SL 1953, ch 288, §6; SDC Supp 1960, §41.01C09 (5); SL 1992, ch 236, §26; SDCL §33-15-41.
SD Codified L § 34-48A-52 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 48A - Emergency Management|Section 34-48A-52 - Political activity by emergency management organization prohibited.

34-48A-52. Political activity by emergency management organization prohibited.No organization for emergency management established under the authority of this chapter may participate in any form of political activity, nor may it be employed directly or indirectly for political purposes. Source: SL 1949, ch 236, §13; SL 1951, ch 285, §13; SDC Supp 1960, §41.01C12; SL 1977, ch 271, §40; SL 1992, ch 236, §27; SDCL §33-15-44.
SD Codified L § 34-48A-55 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 48A - Emergency Management|Section 34-48A-55 - Search and rescue services--Costs--Limitation.

  34-48A-55  .  Search and rescue services--Costs--Limitation.   The state, a fire department, a law enforcement agency, or a county-recognized entity that provides public search and rescue services may collect the actual costs of the search and rescue services provided on school or public lands or in a national park, national forest, or state park from any person for whose benefit the services are conducted, not to exceed one thousand dollars.     Source:  SL 2020, ch 150, § 1.
SD Codified L § 34-49-2 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 49 - Cigarette Fire Safety Standards|Section 34-49-2 - Sale or offer for sale of cigarettes prohibited without required testing, compliance with performance standard, certification, and marking.

34-49-2. Sale or offer for sale of cigarettes prohibited without required testing, compliance with performance standard, certification, and marking.Except as provided in §34-49-7, no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section, a written certification has been filed by the manufacturer with the state fire marshal in accordance with §34-49-8, and the cigarettes have been marked in accordance with §34-49-9.Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) standard E2187-04, Standard Test Method for Measuring the Ignition Strength of Cigarettes as of January 1, 2009, and shall be conducted on ten layers of filter paper.No more than twenty-five percent of the cigarettes tested in a test trial in accordance with this section may exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each cigarette tested. The performance standard required by this section only applies to a complete test trial. Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization (ISO), or other comparable accreditation standard required by the state fire marshal.Any laboratory conducting testing in accordance with this section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. No repeatability value may be greater than nineteen hundredths.This section does not require additional testing if cigarettes are tested consistent with this chapter for any other purpose. Any testing performed or sponsored by the state fire marshal to determine a cigarette's compliance with the performance standard required shall be conducted in accordance with this section. Source: SL 2009, ch 172, §2, eff. Jan. 1, 2011.
SD Codified L § 34-49-3 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 49 - Cigarette Fire Safety Standards|Section 34-49-3 - Use of lowered permeability bands to meet performance standard--Requirements.

34-49-3. Use of lowered permeability bands to meet performance standard--Requirements.Each cigarette listed in a certification submitted pursuant to §34-49-8 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least fifteen millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least fifteen millimeters from the lighting end and ten millimeters from the filter end of the tobacco column, or ten millimeters from the labeled end of the tobacco column for nonfiltered cigarettes. Source: SL 2009, ch 172, §3, eff. Jan. 1, 2011.
SD Codified L § 34-49-4 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 49 - Cigarette Fire Safety Standards|Section 34-49-4 - Alternative test method and performance standard.

34-49-4. Alternative test method and performance standard.A manufacturer of a cigarette that the state fire marshal determines cannot be tested in accordance with the test method prescribed in §34-49-2 shall propose a test method and performance standard for the cigarette to the state fire marshal. Upon approval of the proposed test method and a determination by the state fire marshal that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in §34-49-2, the manufacturer may employ such test method and performance standard to certify such cigarette pursuant to §34-49-8. If the state fire marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this chapter, and the state fire marshal finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or regulation under a legal provision comparable to this section, then the state fire marshal shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state, unless the state fire marshal demonstrates a reasonable basis why the alternative test may not be accepted under this chapter. All other applicable requirements of this chapter apply to the manufacturer. Source: SL 2009, ch 172, §4, eff. Jan. 1, 2011.
SD Codified L § 34-49-5 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 49 - Cigarette Fire Safety Standards|Section 34-49-5 - Retention of test reports--Copies to be made available--Civil penalty for violation.

34-49-5. Retention of test reports--Copies to be made available--Civil penalty for violation.Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years and shall make copies of these reports available to the state fire marshal and the attorney general upon written request. Any manufacturer who fails to make copies of these reports available within sixty days of receiving a written request is subject to a civil penalty by the state fire marshal not to exceed ten thousand dollars for each day after the sixtieth day that the manufacturer does not make the copies available. Source: SL 2009, ch 172, §5, eff. Jan. 1, 2011.
SD Codified L § 34-49-6 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 49 - Cigarette Fire Safety Standards|Section 34-49-6 - Subsequent ASTM Standard Test Method.

34-49-6. Subsequent ASTM Standard Test Method.The state fire marshal may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard in §34-49-2. Source: SL 2009, ch 172, §6, eff. Jan. 1, 2011.
SD Codified L § 34-49-7 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 49 - Cigarette Fire Safety Standards|Section 34-49-7 - Sale of cigarettes for purpose of consumer testing not prohibited.

34-49-7. Sale of cigarettes for purpose of consumer testing not prohibited.The requirements of §34-49-2 do not prohibit the sale of cigarettes solely for the purpose of consumer testing. For purposes of this section, the term, consumer testing, means an assessment of cigarettes that is conducted by a manufacturer or under the control and direction of a manufacturer, for the purpose of evaluating consumer acceptance of the cigarettes. The manufacturer may only utilize the quantity of cigarettes that is reasonably necessary for the assessment. Source: SL 2009, ch 172, §7, eff. Jan. 1, 2011.
SD Codified L § 34-49-8 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 49 - Cigarette Fire Safety Standards|Section 34-49-8 - Certification of testing and compliance with performance standard--Contents.

34-49-8. Certification of testing and compliance with performance standard--Contents.Each manufacturer shall submit to the state fire marshal a written certification attesting that each cigarette listed in the certification has been tested in accordance with this chapter and meets the performance standard set forth in this chapter.Each cigarette listed in the certification shall be described with the following information:(1)Brand or trade name on the package;(2)Style, such as light or ultra light;(3)Length in millimeters;(4)Circumference in millimeters;(5)Flavor, such as menthol or chocolate, if applicable;(6)Filter or nonfilter;(7)Package description, such as soft pack or box;(8)Marking pursuant to §34-49-9;(9)The name, address, and telephone number of the laboratory; and(10)The date that the testing occurred.The certifications shall be made available to the attorney general and the secretary for purposes consistent with this chapter. Each cigarette certified under this section shall be recertified every three years. For each brand family of cigarettes listed in a certification, a manufacturer shall pay to the state fire marshal a fee of one thousand five hundred dollars. The fee shall apply to all cigarettes within the brand family certified, and shall include any new cigarette certified within the brand family during the three-year certification period.If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this chapter, that cigarette may not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in this chapter. The manufacturer shall maintain records of that retesting as required by this chapter. Any altered cigarette which does not meet the performance standard set forth in this chapter may not be sold in this state. Source: SL 2009, ch 172, §8, eff. Jan. 1, 2011.
SD Codified L § 34-49-9 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 49 - Cigarette Fire Safety Standards|Section 34-49-9 - Cigarette package marking requirements.

34-49-9. Cigarette package marking requirements.Cigarettes that are certified by a manufacturer in accordance with this chapter shall be marked to indicate compliance with the requirements of this chapter. The marking shall be in eight point type or larger and consist of the letters, FSC, which signifies Fire Standard Compliant, permanently printed, stamped, engraved, or embossed on the package at or near the UPC Code.A manufacturer may only use one marking, and shall apply this marking uniformly for all packages, including packs, cartons, and cases, and brands marketed by that manufacturer.Any manufacturer certifying cigarettes in accordance with this chapter shall provide a copy of the certifications to each distributor, wholesaler, and retailer to which the manufacturer sells cigarettes. Each distributor, wholesaler, and retailer shall permit the state fire marshal, the secretary, and the attorney general to inspect markings of cigarette packaging marked in accordance with this section. Source: SL 2009, ch 172, §9, eff. Jan. 1, 2011.
SD Codified L § 34-49-10 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 49 - Cigarette Fire Safety Standards|Section 34-49-10 - Civil penalties for sales or offers for sale of cigarettes by manufacturers, distributors, or wholesalers in violation of requirements.

34-49-10. Civil penalties for sales or offers for sale of cigarettes by manufacturers, distributors, or wholesalers in violation of requirements.A manufacturer, distributor, wholesaler, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of §§34-49-2 to 34-49-7, inclusive, is subject to a civil penalty by the state fire marshal not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale. However, in no case may the penalty against any such person or entity exceed one hundred thousand dollars during any thirty-day period. Beginning on January 1, 2011, any person who sells or offers to sell cigarettes, other than through retail sale, that have not been marked as required by §34-49-9 is deemed to have knowingly sold or offered for sale such cigarettes in violation of §§34-49-2 to 34-49-7, inclusive. Source: SL 2009, ch 172, §10, eff. Jan. 1, 2011.
SD Codified L § 34-49-11 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 49 - Cigarette Fire Safety Standards|Section 34-49-11 - Civil penalties for sales or offers for sale of cigarettes by retailers in violation of requirements.

34-49-11. Civil penalties for sales or offers for sale of cigarettes by retailers in violation of requirements.A retailer who knowingly sells or offers to sell cigarettes in violation of §§34-49-2 to 34-49-7, inclusive, shall be subject to a civil penalty by the state fire marshal not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale. However, in no case may the penalty against any retailer exceed twenty-five thousand dollars for such sales or offers to sell during any thirty-day period. Beginning on January 1, 2011, a retailer who sells or offers to sell cigarettes that have not been marked as required by §34-49-9 is deemed to have knowingly sold or offered for sale such cigarettes in violation of §§34-49-2 to 34-49-7, inclusive. Source: SL 2009, ch 172, §11, eff. Jan. 1, 2011.
SD Codified L § 34-49-12 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 49 - Cigarette Fire Safety Standards|Section 34-49-12 - Civil penalties for false certification by manufacturer.

34-49-12. Civil penalties for false certification by manufacturer.In addition to any penalty prescribed by law, any manufacturer that knowingly makes a false certification pursuant to §34-49-8 is subject to a civil penalty by the state fire marshal of at least seventy-five thousand dollars and not to exceed two hundred and fifty thousand dollars for each false certification. Source: SL 2009, ch 172, §12, eff. Jan. 1, 2011.
SD Codified L § 34-49-13 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 49 - Cigarette Fire Safety Standards|Section 34-49-13 - Other civil penalties.

34-49-13. Other civil penalties.Any person violating any other provision in this chapter is subject to a civil penalty for a first offense not to exceed one thousand dollars, and for a subsequent offense subject to a civil penalty by the state fire marshal not to exceed five thousand dollars for each subsequent violation. Source: SL 2009, ch 172, §13, eff. Jan. 1, 2011.
SD Codified L § 34-49-14 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 49 - Cigarette Fire Safety Standards|Section 34-49-14 - Seizure of cigarettes lacking certification or marking--Notice prior to destruction.

34-49-14. Seizure of cigarettes lacking certification or marking--Notice prior to destruction.If any law enforcement officer or the state fire marshal, the attorney general, or the secretary discovers any cigarettes for which no certification and fee has been filed as required by §34-49-8 or that have not been marked as required by §34-49-9, such person is hereby authorized and empowered to seize and take possession of the cigarettes. Any cigarettes seized pursuant to this section shall be destroyed. However, prior to the destruction of any cigarette pursuant to this section, the true holder of the trademark rights in the cigarette brand shall be given notice and a reasonable opportunity to inspect the cigarettes within sixty days of the notification. Nothing in this section shall be construed to require the secretary, the attorney general, or the state fire marshal to confiscate cigarettes in violation of §§34-49-2 to 34-49-7, inclusive, when there is reason to believe that the owner thereof did not willfully or intentionally sell or offer to sell cigarettes in violation of §§34-49-2 to 34-49-7, inclusive. Source: SL 2009, ch 172, §14, eff. Jan. 1, 2011.
SD Codified L § 34-49-15 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 49 - Cigarette Fire Safety Standards|Section 34-49-15 - Injunctive relief, costs and damages--Separate civil violations.

34-49-15. Injunctive relief, costs and damages--Separate civil violations.In addition to any other remedy provided by law, the state fire marshal or attorney general may file an action for a violation of this chapter, including:(1)Petitioning for preliminary or permanent injunctive relief against any manufacturer, importer, distributor, wholesaler, retailer, or any other person or entity to enjoin such entity from selling, offering to sell, or affixing tax stamps to any cigarette that does not comply with the requirements of this chapter;(2)Recover any costs or damages suffered by the state because of a violation of this chapter, including enforcement costs relating to the specific violation and attorney's fees.Each violation of this chapter or of rules or regulations adopted under this chapter constitutes a separate civil violation for which the state fire marshal or attorney general may obtain relief. Source: SL 2009, ch 172, §15, eff. Jan. 1, 2011.
SD Codified L § 34-49-16 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 49 - Cigarette Fire Safety Standards|Section 34-49-16 - Disclosure of information among secretary, attorney general, and state fire marshal.

34-49-16. Disclosure of information among secretary, attorney general, and state fire marshal.For purposes of determining compliance with, and enforcing the provisions of, this chapter, the secretary, the attorney general, and the state fire marshal may disclose to each other any information received under this chapter. Source: SL 2009, ch 172, §16, eff. Jan. 1, 2011.