reglab/housing_qa huggingface dataset:
SD Codified L § 34-46-3 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products|Section 34-46-3 - Unannounced, random inspections--Persons enlisted--Requirements.

34-46-3. Unannounced, random inspections--Persons enlisted--Requirements.Each county state's attorney or a local law enforcement officer designated by the state's attorney shall annually conduct unannounced, random inspections at various locations where tobacco products are sold or distributed to ensure compliance with this chapter. Persons under the age of twenty-one may be enlisted to test compliance with this chapter. Such persons may be used to test compliance with this chapter only if the testing is conducted under the supervision of the county state's attorney or a local law enforcement officer designated by the state's attorney and written parental consent has been provided. Any other use of persons under the age of twenty-one to test compliance with this chapter is unlawful and the persons responsible for such use are subject to the penalties prescribed in §34-46-5. Source: SL 1994, ch 280, §3; SL 2020, ch 148, § 3.
SD Codified L § 34-46-4 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products|Section 34-46-4 - Annual reports to federal government.

34-46-4.Annual reports to federal government.The attorney general shall prepare annually for submission by the Governor to the United States Department of Health and Human Services reports as required under Section 1926 of Subpart I of Part B of Title XIX of the Federal Public Health Service Act (42 U.S. C. §300X-26) as in effect on January 1, 1994. Source: SL 1994, ch 280, §4.
SD Codified L § 34-46-5 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products|Section 34-46-5 - Violation as misdemeanor--Complete defense.

34-46-5. Violation as misdemeanor--Complete defense.A violation of §34-46-2 is a Class 2 misdemeanor. A person is not liable for more than one violation of subdivision 34-46-2(4) on a single day. Reasonable reliance upon proof of age of the purchaser or the recipient of a tobacco product is a complete defense to any action brought against a person for the sale or distribution of a tobacco product to a person under the age of twenty-one. Source: SL 1994, ch 280, §5; SL 1999, ch 178, §1; SL 2020, ch 148, § 4.
SD Codified L § 34-46-5.1 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products|Section 34-46-5.1 - Limit on violations during unannounced random inspections.

34-46-5.1. Limit on violations during unannounced random inspections.No person may be charged with more than one violation in any twenty-four hour period which results from sales to persons purchasing during unannounced random inspections. Source: SL 1999, ch 178, §2.
SD Codified L § 34-46-6 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products|Section 34-46-6 - Uniform regulation and implementation.

34-46-6. Uniform regulation and implementation.Enforcement of this chapter shall be implemented in an equitable and uniform manner throughout the state so as to ensure the eligibility for and receipt of any federal funds or grants that the state now receives or may receive relating to the provisions of this chapter. For the purposes of equitable and uniform regulation and implementation, the Legislature through this chapter is the exclusive regulator of all matters relating to the distribution, marketing, promotion, and sale of tobacco products. Source: SL 1994, ch 280, §8.
SD Codified L § 34-46-7 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products|Section 34-46-7 - Creation of tobacco prevention and reduction program.

34-46-7. Creation of tobacco prevention and reduction program.There is hereby created the tobacco prevention and reduction program in the Department of Health. Source: SL 2000, ch 174, §1; SL 2001, ch 189, §1.
SD Codified L § 34-46-9 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products|Section 34-46-9 - Department to develop tobacco prevention and reduction plan--Responsibilities of department.

34-46-9. Department to develop tobacco prevention and reduction plan--Responsibilities of department.The Department of Health shall develop and approve a state-wide strategic plan to prevent and reduce tobacco use. The plan shall set forth short term and long term goals, adequate benchmarks and standards by which measures of program success under §34-46-10 may be appropriately evaluated. The department shall be responsible for establishing program priorities, criteria for awarding grants, and assessing overall program performance. Source: SL 2000, ch 174, §3; SL 2001, ch 189, §2.
SD Codified L § 34-46-10 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products|Section 34-46-10 - Tobacco prevention and reduction plan--Programs or grants.

34-46-10. Tobacco prevention and reduction plan--Programs or grants.The tobacco prevention and reduction plan and moneys allocated therefor may be used for the following programs or grants:(1)Community based programs;(2)School based programs;(3)State-wide programs;(4)Cessation programs;(5)Public education and counter marketing;(6)Enforcement of effective tobacco laws;(7)Evaluation of tobacco programs; or(8)Administration and oversight. Source: SL 2000, ch 174, §4.
SD Codified L § 34-46-12 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products|Section 34-46-12 - Tobacco prevention and reduction trust fund.

34-46-12. Tobacco prevention and reduction trust fund.The tobacco prevention and reduction trust fund is established in the state treasury. Interest earned on money in the fund shall be credited to the fund. Any money from gifts, grants, or other funds may be deposited in the fund. The principal and interest may be appropriated by the Legislature from the fund. The fund shall be invested according to §§4-5-23 and 4-5-26. Source: SL 2000, ch 174, §6.
SD Codified L § 34-46-13 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products|Section 34-46-13 - Definition of terms used in §§ 34-46-13 to 34-46-19.

34-46-13. Definition of terms used in §§34-46-13 to 34-46-19.Terms used in this section and §§34-46-14 to 34-46-19, inclusive, mean:(1)"Enclosed area," any space between a floor and a ceiling that is enclosed, exclusive of doorways, on all sides by permanent or temporary walls or windows;(2)"Place of employment," any enclosed area under the control of a public or private employer;(3)"Public place," any enclosed area to which the public is invited or in which the public is permitted. Source: SL 2009, ch 171, §3, approved eff. Nov. 10, 2010.
SD Codified L § 34-46-14 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products|Section 34-46-14 - Smoking in public or place of employment prohibited--Petty offense.

34-46-14. Smoking in public or place of employment prohibited--Petty offense.No person may smoke tobacco product or carry any lighted tobacco product in any public place or place of employment. A violation of this section is a petty offense. Source: SL 2009, ch 171, §1, approved eff. Nov. 10, 2010; SL 2019, ch 155, §2.
SD Codified L § 34-46-15 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products|Section 34-46-15 - Person controlling public place or place of employment to inform violators--Petty offense.

34-46-15. Person controlling public place or place of employment to inform violators--Petty offense.Any person that owns, manages, operates, or otherwise controls a public place or place of employment shall inform persons violating §34-46-14 of the provisions thereof. A violation of this section is a petty offense. Source: SL 2009, ch 171, §2, approved eff. Nov. 10, 2010.
SD Codified L § 34-46-16 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products|Section 34-46-16 - Inapplicability to private residences unless used for day care.

34-46-16. Inapplicability to private residences unless used for day care.The provisions of §§34-46-13 to 34-46-15, inclusive, do not apply to any private residence unless the private residence is used for day care. Source: SL 2009, ch 171, §4, approved eff. Nov. 10, 2010.
SD Codified L § 34-46-17 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products|Section 34-46-17 - Posted smoking rooms permitted in hotels and lodging establishments.

34-46-17. Posted smoking rooms permitted in hotels and lodging establishments.The provisions of §§34-46-13 to 34-46-15, inclusive, do not apply to any sleeping rooms in any hotel or lodging establishment licensed pursuant to subdivision 34-18-1(7) or (9), respectively, if the rooms are rented to guests. Any sleeping room in which smoking is allowed shall be posted as a smoking room. Source: SL 2009, ch 171, §5, approved eff. Nov. 10, 2010.
SD Codified L § 34-46-18 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products|Section 34-46-18 - Smoking permitted in certain licensed establishments where alcohol sold.

34-46-18. Smoking permitted in certain licensed establishments where alcohol sold.The provisions of §§34-46-13 to 34-46-15, inclusive, do not apply to any establishment licensed pursuant to subdivision 35-4-2(4), (6), (12), or (16) that was in compliance on January 1, 2009, with, and maintains compliance with, the following requirements:(1)Generates ten percent or more of its annual gross income from the sale of cigars. For the purposes of this section, a cigar is any individual roll of tobacco that has a wrapper or cover consisting only of tobacco, that measures a number forty ring size or larger, and that is sold without a filter;(2)Has a humidor on the premises; and(3)Is enclosed by solid walls or windows, a ceiling, and a solid door and is equipped with a ventilation system by which exhausted air is not recirculated to nonsmoking areas and smoke is not backstreamed into nonsmoking areas.Any establishment meeting the requirements of this section may permit the smoking of cigars and any premium tobacco product purchased on the premises. However, no establishment may permit the smoking of any other tobacco product on the premises. The establishment shall post a notice of the prohibition.Any establishment meeting the requirements of this section shall annually report to the Department of Revenue, on a form prescribed by the department, the revenue generated from the sale of cigars as a percentage of annual gross income. Source: SL 2009, ch 171, §6, approved eff. Nov. 10, 2010; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 34-46-19 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products|Section 34-46-19 - Smoking permitted in certain retail tobacco stores.

34-46-19. Smoking permitted in certain retail tobacco stores.The provisions of §§34-46-13 to 34-46-15, inclusive, do not apply to any retail tobacco store that meets the following requirements:(1)Generates sixty-five percent of its annual gross income from the sale of tobacco, tobacco products, and accessories for such products;(2)Is enclosed by solid walls or windows, a ceiling, and a solid door that provides egress to the outdoors; and(3)Does not allow the consumption of alcoholic beverages on the premises.Any retail tobacco store meeting the requirements of this section shall annually report to the Department of Revenue, on a form prescribed by the department, the revenue generated from the sale of tobacco, tobacco products, and accessories for such products as a percentage of annual gross income. Source: SL 2009, ch 171, §7, approved eff. Nov. 10, 2010; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 34-46-20 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products|Section 34-46-20 - Tobacco product includes vapor product.

34-46-20. Tobacco product includes vapor product.For the purposes of this chapter, the term, tobacco product, includes vapor product. The term, vapor product, means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. The term, vapor product, includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic smoking device, or similar product or device. The term, vapor product, does not include any product approved by the United States Food and Drug Administration for sale as tobacco cessation products and marketed and sold solely for that purpose. Source: SL 2014, ch 173, §1; SL 2019, ch 155, §3.
SD Codified L § 34-46-21 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products|Section 34-46-21 - Sale of vapor product outside package or through self-service display prohibited--Exception--Violation as misdemeanor.

34-46-21. Sale of vapor product outside package or through self-service display prohibited--Exception--Violation as misdemeanor.No person may sell a vapor product other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law, or sell a vapor product through self-service display other than a display that is:(1)A vending machine permitted under subdivision 34-46-2(5); or(2)Located in a tobacco specialty store.A violation of this section is a Class 2 misdemeanor. A person is not liable for more than one violation of this section on a single day. Source: SL 2014, ch 173, §2.
SD Codified L § 34-47-1 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 47 - Emergency Services Districts|Section 34-47-1 - Consolidation of rural fire protection district and ambulance district--Vote on consolidation.

34-47-1. Consolidation of rural fire protection district and ambulance district--Vote on consolidation.The board of directors of a rural fire protection district created pursuant to chapter 34-31A and the board of directors of an ambulance district created pursuant to chapter 34-11A may consolidate a rural fire protection district and an ambulance district provided the boundaries of both districts are the same and the boundaries of the resulting emergency services district remain the same. Each board of directors shall place the question of consolidation before the voters of each district at a regular meeting of the district or at a special meeting called for that purpose. Source: SL 1995, ch 202, §1.
SD Codified L § 34-47-2 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 47 - Emergency Services Districts|Section 34-47-2 - Effective date of new emergency services district--Election of board--Terms--Election of officers.

34-47-2. Effective date of new emergency services district--Election of board--Terms--Election of officers.If the voters of both the rural fire protection district and ambulance district approve a consolidation pursuant to §34-47-1, the districts shall be consolidated into an emergency services district on the following January first. After the voters of each district approve the consolidation and before the consolidation takes effect, the voters of both districts shall meet together and elect a five-member board of emergency services. Board members shall serve until their successors are elected and qualified. Three members of the first board shall serve two-year terms and two members shall serve one-year terms, to be determined by lot at the first board meeting. Subsequent members of the board shall be elected by the voters at the annual meeting to serve two-year terms. Unless otherwise specified, an emergency services district board member election shall be conducted pursuant to chapter 8-3. At its first meeting each year the board shall elect a president, vice president, and secretary-treasurer. Source: SL 1995, ch 202, §2; SL 2010, ch 74, §27.
SD Codified L § 34-47-3 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 47 - Emergency Services Districts|Section 34-47-3 - Rights and responsibilities of emergency services district--Levying taxes.

34-47-3. Rights and responsibilities of emergency services district--Levying taxes.An emergency services district shall have all of the rights and responsibilities of a rural fire protection district and an ambulance district as found in chapters 34-31A and 34-11A. An emergency services district may levy the taxes permitted to both a rural fire protection district and an ambulance district, but shall segregate the funding of and accounting for fire protection from ambulance services so that the tax levy permitted under chapter 34-31A provides funding for only fire protection and the tax levy permitted under chapter 34-11A provides funding for only ambulance services. Source: SL 1995, ch 202, §3.
SD Codified L § 34-47-4 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 47 - Emergency Services Districts|Section 34-47-4 - Liability of consolidated fire protection district and ambulance district.

34-47-4. Liability of consolidated fire protection district and ambulance district.If any ambulance district organized pursuant to chapter 34-11A or rural fire protection district organized pursuant to chapter 34-31A is consolidated pursuant to this chapter, such consolidation may not impair, affect, or discharge any contract, obligation, lien, or change for or upon which it might be liable had such consolidation not been made. Source: SL 1995, ch 202, §4.
SD Codified L § 34-48-1 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 48 - Assistance Among Public Agencies And Emergency Management Entities|Section 34-48-1 - Definition of terms.

34-48-1. Definition of terms.Terms used in this chapter mean:(1)"Assistance," the provision of personnel, equipment, expertise, supplies, or other products or services excluding financial assistance from the state;(2)"Covered entity," any other private or nonprofit entity that provides emergency functions as included in subdivision 34-48A-1(4);(3)"Deploying public agency," the public agency receiving a request for assistance or providing assistance;(4)"Public agency," the state and any agency thereof; the United States and any agency thereof; any county, municipality, township, or other political subdivision of the state; any state tribal government. Source: SL 2006, ch 189, §1.
SD Codified L § 34-48-2 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 48 - Assistance Among Public Agencies And Emergency Management Entities|Section 34-48-2 - Requests for assistance by public agencies and covered entities--Use of Incident Command System.

34-48-2. Requests for assistance by public agencies and covered entities--Use of Incident Command System.In addition to the provisions of chapter 1-24 and chapter 34-48A, any public agency or covered entity may request assistance from any other public agency or covered entity in order to preserve and protect the public health, safety, and welfare. The requesting public agency and the deploying public agency shall utilize the Incident Command System of the National Incident Management System. Failure to correctly implement the National Incident Management System does not nullify any of the protections or provisions contained elsewhere in this chapter. Source: SL 2006, ch 189, §2; SL 2013, ch 164, §1.
SD Codified L § 34-48-3 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 48 - Assistance Among Public Agencies And Emergency Management Entities|Section 34-48-3 - Oral or written requests to representative.

34-48-3. Oral or written requests to representative.Any public agency or covered entity requesting assistance under this chapter may do so through an oral or written request to a representative of the deploying public agency or covered entity to which the request is directed who is authorized to control the items of assistance being requested. Source: SL 2006, ch 189, §3.
SD Codified L § 34-48-4 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 48 - Assistance Among Public Agencies And Emergency Management Entities|Section 34-48-4 - Provision of assistance.

34-48-4. Provision of assistance.Any deploying public agency or covered entity receiving a request for assistance under this chapter may provide the requested assistance. Source: SL 2006, ch 189, §4.
SD Codified L § 34-48-5 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 48 - Assistance Among Public Agencies And Emergency Management Entities|Section 34-48-5 - Withdrawal of assistance.

34-48-5. Withdrawal of assistance.Any deploying public agency or covered entity that provides assistance pursuant to a request under this chapter may withdraw that assistance at any time. Source: SL 2006, ch 189, §5.
SD Codified L § 34-48-6 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 48 - Assistance Among Public Agencies And Emergency Management Entities|Section 34-48-6 - Authority of personnel.

34-48-6. Authority of personnel.All personnel deployed by the deploying public agency or covered entity retain all authority of the deploying public agency or covered entity and are entitled to act with all authority available to similarly situated personnel of the public agency or covered entity receiving assistance. Any law enforcement officer acting under the provisions of this chapter has the same authority to act as any other law enforcement officer of the requesting agency while responding to the request. Source: SL 2006, ch 189, §6; SL 2013, ch 164, §2.
SD Codified L § 34-48-7 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 48 - Assistance Among Public Agencies And Emergency Management Entities|Section 34-48-7 - Reimbursement of expenses.

34-48-7. Reimbursement of expenses.Any deploying public agency or covered entity involved in the incident may request reimbursement for its actual expenses. If reimbursement is requested, the deploying public agencies or covered entities involved shall agree upon the actual, reasonable expenses involved. A deploying public agency that provides law enforcement assistance shall be reimbursed as provided in §34-48-12. Source: SL 2006, ch 189, §7; SL 2013, ch 164, §3.