reglab/housing_qa huggingface dataset:
SD Codified L § 38-22-21 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-21 - Certification to county auditor of cost of protective operations on infested land--Collection as taxes.

38-22-21. Certification to county auditor of cost of protective operations on infested land--Collection as taxes.Upon completion of protective operations, the secretary of agriculture and natural resources shall certify to the county auditor the expenses for the performance of the protective operations, and the county auditor shall issue a warrant to the party entitled to payment of the costs of such protective operations from funds appropriated for that purpose. The owner of such infested land is indebted to the county for such expense actually incurred, and if not paid on or before the first day of November following such operations, such county auditor shall extend the amount of such indebtedness on the tax list against the infested land and all land owned by such owner contiguous thereto, in a separate column headed "weed and pest control" and the amount shall be collected as other taxes are collected. Source: SL 1890, ch 116, §4; RPolC 1903, §3179; SL 1913, ch 282, §4; SL 1917, ch 319, §4; RC 1919, §10408; SDC 1939, §62.0304; SL 1945, ch 349, §8; SL 1949, ch 437; SDC Supp 1960, §62.0308; SL 1974, ch 256; SL 1983, ch 282, §23; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-22-22 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-22 - Responsibility for cost of operations on publicly owned land.

38-22-22. Responsibility for cost of operations on publicly owned land.The responsibility for and the cost of controlling and eradicating weeds and pests on all lands or highways owned or supervised by a state agency or subdivision shall be upon the state agency or subdivision supervising such lands or highways, and paid out of funds appropriated to its use. Source: SL 1943, ch 312, §6; SL 1945, ch 349, §7; SDC Supp 1960, §62.0307; SL 1983, ch 282, §24.
SD Codified L § 38-22-22.1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-22.1 - Responsibility for weed and pest control.

38-22-22.1. Responsibility for weed and pest control.All provisions, requirements, and responsibility for weed and pest control included in this chapter apply to all state government agencies and subdivisions on lands, highways, and roads owned, managed, maintained, or supervised by the government entity. Source: SL 1998, ch 248, §1.
SD Codified L § 38-22-23.1 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-23.1 - Meeting to appoint or provide for election of county weed and pest board--Notice.

38-22-23.1. Meeting to appoint or provide for election of county weed and pest board--Notice.The board of county commissioners of each county shall hold a public meeting to appoint or provide for the election of a county weed and pest board no later than February 1, 1984. Prior to the meeting the board of county commissioners shall establish the number of members of the board and shall establish board member areas. Each board member area shall be compact and contiguous. Notice of the meeting shall be advertised by publication in the official newspapers of the county, at least ten days before the meeting, and in any other manner as the board of county commissioners may provide. Source: SL 1983, ch 282, §26.
SD Codified L § 38-22-23.2 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-23.2 - Members of county weed and pest board--Number--Terms--Qualifications.

38-22-23.2. Members of county weed and pest board--Number--Terms--Qualifications.The board of county commissioners shall appoint or provide for the election of a county weed and pest board which shall consist of five or seven members. However, one member shall be a county commissioner appointed by the board of county commissioners. Each member shall serve for a term of three years or until his successor is appointed and qualified. The board of county commissioners may stagger the initial appointments so that the terms of all of the board members do not expire at the same time. Any qualified elector, residing in the board member area he is appointed to represent, is eligible to be a member. Source: SL 1983, ch 282, §27.
SD Codified L § 38-22-23.3 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-23.3 - Time for selecting board.

38-22-23.3. Time for selecting board.Each board of county commissioners shall appoint or elect a county weed and pest board no later than March 1, 1984. Source: SL 1983, ch 282, §28.
SD Codified L § 38-22-23.4 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-23.4 - Subsequent appointment or election of weed board.

38-22-23.4. Subsequent appointment or election of weed board.After the initial county weed and pest board has been appointed or elected, the board of county commissioners shall appoint or provide for the election of members to fill expired terms or vacancies. Each board member shall assume office at the first regular meeting of the board following appointment or election. Source: SL 1983, ch 282, §29; SL 1984, ch 266, §1.
SD Codified L § 38-22-23.5 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-23.5 - Board member to be appointed or elected from first or second class municipality.

38-22-23.5. Board member to be appointed or elected from first or second class municipality.In any county containing a first or second class municipality with a population of five thousand or more, at least one county weed and pest board member shall be appointed or elected from within the limits of the municipality. Source: SL 1983, ch 282, §30; SL 1984, ch 266, §2; SL 1992, ch 60, §2.
SD Codified L § 38-22-23.6 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-23.6 - Removal of board members.

38-22-23.6. Removal of board members.The board of county commissioners may remove a member for repeated failure to attend meetings or for refusal or incapacity to act as a county weed and pest board member. Source: SL 1983, ch 282, §31.
SD Codified L § 38-22-23.7 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-23.7 - Initial officers of board--Election.

38-22-23.7. Initial officers of board--Election.At its first annual meeting, the county weed and pest board shall elect a chairman, a vice-chairman, a secretary, and a treasurer. The positions of secretary and treasurer may be consolidated at the discretion of the board and need not be members of the board. Source: SL 1983, ch 282, §32.
SD Codified L § 38-22-23.8 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-23.8 - Compensation and expense allowances of board members.

38-22-23.8. Compensation and expense allowances of board members.The board of county commissioners shall establish rates of compensation and expense and mileage allowances for the county weed and pest board members. Source: SL 1983, ch 282, §33.
SD Codified L § 38-22-23.9 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-23.9 - Powers of board.

38-22-23.9. Powers of board.The county weed and pest board may:(1)Employ administrative personnel and determine duties and conditions of employment;(2)Coordinate activities with state and federal agencies and enter into cooperative agreements, including agreements entered into pursuant to chapter 1-24;(3)Control and disburse money received from any source, including state and federal agencies;(4)Secure and maintain bonds or liability insurance. Source: SL 1983, ch 282, §34.
SD Codified L § 38-22-23.10 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-23.10 - Duties of board.

38-22-23.10. Duties of board.The county weed and pest board shall:(1)Implement and pursue an effective program for the control of weeds and pests;(2)Hold regular meetings;(3)Keep minutes of all meetings and a record of all official acts;(4)Submit a yearly report to the Department of Agriculture and Natural Resources covering the activities of the board and submit reports to the board of county commissioners as the board may require;(5)Employ supervisors and, if necessary, deputies;(6)Make at least one annual inspection to determine the progress of weed and pest control within a county and make written reports covering the inspections available for public use; and(7)Obtain competitive bids for any purchase in accordance with the requirements established by law for other county purchases. Source: SL 1983, ch 282, §35; SL 1984, ch 266, §3; SL 1991, ch 327; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-22-23.11 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-23.11 - Purchase, sale, and application of agricultural chemicals and poisons by board--Equipment--Labor.

38-22-23.11. Purchase, sale, and application of agricultural chemicals and poisons by board--Equipment--Labor.The county weed and pest board may purchase such quantities of agricultural chemicals, poisons, and equipment and hire such labor necessary to carry out the provisions of this chapter. The board may sell and apply agricultural chemicals and poisons for weed and pest control if such services, chemicals, and poisons are not available through commercial sources. Source: SL 1983, ch 282, §36; SL 1984, ch 266, §4; SL 1986, ch 333, §2.
SD Codified L § 38-22-23.12 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-23.12 - Investigation of suspected land--Notice required for entry.

38-22-23.12. Investigation of suspected land--Notice required for entry.If a county weed and pest board has probable cause to believe there is land upon which exist weeds or pests that may spread or contribute to the injury or detriment of others, it shall investigate the suspected premises. The designated representative of the board, after giving the landowner written notice, may go upon the premises without interference or obstruction for purposes of making a reasonable investigation of the infested area. Such notice is considered given if it is given to the landowner or operator personally at least one day before entry or if it is mailed, by certified mail, addressed to the last known address of the landowner at least five days before entry. A board may serve notice of intent to inspect on all landowners by publishing a legal notice of such intent at least thirty days before entry in the county's official newspaper. Source: SL 1983, ch 282, §37; SL 1984, ch 266, §5.
SD Codified L § 38-22-23.13 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-23.13 - Resolution of board confirming infestation and stating remedial requirements--Service on owner--Termination of resolution.

38-22-23.13. Resolution of board confirming infestation and stating remedial requirements--Service on owner--Termination of resolution.If the suspected area is found to contain weeds or pests, the county weed and pest board, by resolution adopted by a majority of its members, shall confirm such fact and set forth minimum remedial requirements for control of the area. The board shall mail, by certified mail, to the address of the landowner, a copy of the resolution, a statement of the approximate cost of fulfilling the requirements, and a request that the requirements contained in the resolution be carried out at the owner's expense within a designated period of time. When the board is satisfied that the requirements have been met, the board shall terminate the resolution and file a copy of the termination with the register of deeds. Source: SL 1983, ch 282, §38; SL 2005, ch 213, §1.
SD Codified L § 38-22-23.14 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-23.14 - Remedial action by board on owner's failure--Certification of expenses--Collection.

38-22-23.14. Remedial action by board on owner's failure--Certification of expenses--Collection.If the landowner fails or refuses to perform as required within the time designated, the county weed and pest board may proceed to perform the requirements. The board shall certify its expenses to the county auditor, and the auditor shall bill the landowner for the amount of the expenses, plus an administrative fee of fifty dollars or ten percent of the cost of control, whichever is greater. If the landowner has not paid the bill by November first of the calendar year in which the expenses were incurred, the amount of the bill shall be further increased by ten percent, and the adjusted amount shall be charged as taxes against each tract of land on which the expenses were incurred. The adjusted amount shall be collected as other taxes and credited to the general fund. Source: SL 1983, ch 282, §39; SL 1996, ch 247; SL 2001, ch 217, §2.
SD Codified L § 38-22-23.15 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-23.15 - Responsibility for control costs on state lands.

38-22-23.15. Responsibility for control costs on state lands.The costs of controlling weeds and pests on lands owned or supervised by the state shall be paid out of funds appropriated to the state agency that has responsibility for those lands. Source: SL 1983, ch 282, §40.
SD Codified L § 38-22-23.16 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-23.16 - Penalty for failure to reimburse board for requested operations.

38-22-23.16. Penalty for failure to reimburse board for requested operations.If the county weed and pest board is requested by an individual to perform weed and pest control operations on the individual's property and the individual fails to reimburse the county by November first in the year in which the operations are performed, the cost of the control, plus an administrative fee of fifty dollars or ten percent of the cost of control, whichever is greater, shall be charged as taxes against each tract of land on which the expenses were incurred pursuant to §38-22-23.14. Source: SL 2001, ch 217, §1.
SD Codified L § 38-22-23.17 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-23.17 - Civil penalty for continued failure to perform minimum remedial requirements.

38-22-23.17. Civil penalty for continued failure to perform minimum remedial requirements.Any owner, occupant, or other person who maintains or exercises control or management over land who is issued a resolution by the county weed and pest board pursuant to §38-22-23.13 for three consecutive years and fails to perform the minimum remedial requirements for control is subject to a civil penalty of up to five hundred dollars. Any owner, occupant, or other person who maintains or exercises control or management over land on which the county weed and pest board has performed remedial requirements pursuant to §38-22-23.14 for three consecutive years is subject to a civil penalty of up to five hundred dollars. Source: SL 2001, ch 217, §3.
SD Codified L § 38-22-24 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-24 - Expenditure of county funds.

38-22-24. Expenditure of county funds.The board of county commissioners may, based upon the budget submitted by the county weed and pest board, appropriate and expend money from the general fund of the county for the purpose of this chapter. Source: SL 1890, ch 116, §3; RPolC 1903, §3178; SL 1913, ch 282, §3; SL 1917, ch 319, §3; RC 1919, §10407; SDC 1939, §62.0303; SL 1945, ch 349, §6; SL 1947, ch 422; SL 1949, ch 437; SL 1951, ch 465; SL 1955, ch 437; SDC Supp 1960, §62.0306; SL 1961, ch 10, §6; SL 1972, ch 213; SL 1983, ch 282, §41.
SD Codified L § 38-22-26 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-26 - Organization for weed and pest control prerequisite to appropriation.

38-22-26. Organization for weed and pest control prerequisite to appropriation.No appropriations may be made pursuant to §38-22-24 until the county has been organized for weed and pest control pursuant to this chapter. Source: SL 1945, ch 349, §6; SL 1947, ch 422; SL 1949, ch 437; SL 1951, ch 465; SL 1955, ch 437; SDC Supp 1960, §62.0306; SL 1961, ch 10, §6; SL 1983, ch 282, §43; SL 1985, ch 77, §25.
SD Codified L § 38-22-30 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-30 - Prosecution of violations--Collection and disposition of forfeitures and fines.

38-22-30. Prosecution of violations--Collection and disposition of forfeitures and fines.The state's attorney shall, upon complaint, prosecute any person who violates any provision of this chapter and enforce the collection of forfeitures and fines. Such forfeitures or fines shall be deposited in the general fund of the county in which the prosecution is brought. Source: SL 1890, ch 116, §7; RPolC 1903, §3182; SL 1913, ch 282, §6; RC 1919, §10410; SDC 1939, §62.0102; SL 1983, ch 282, §46.
SD Codified L § 38-22-31 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-31 - Prosecutions under drug laws not precluded.

38-22-31. Prosecutions under drug laws not precluded.The penalties provided in this chapter are not intended, nor may they be used, to prevent prosecution for the violation of any of the provisions of chapter 34-20B or chapter 39-15. Source: SL 1970, ch 225, §4; SL 1983, ch 282, §47.
SD Codified L § 38-22-32 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-32 - Department assisting boards--Agreements with federal agencies--Employment and purchases authorized.

38-22-32. Department assisting boards--Agreements with federal agencies--Employment and purchases authorized.The Department of Agriculture and Natural Resources may assist, advise, and coordinate the county weed and pest boards. The secretary of agriculture and natural resources may enter into cooperative agreements with any state or federal agency to accomplish the purposes of this chapter, and he may employ such assistance and purchase such supplies and equipment as may be necessary. Source: SL 1983, ch 282, §48; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
SD Codified L § 38-22-33 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-33 - Transportation of plant products containing weed seed as misdemeanor.

38-22-33. Transportation of plant products containing weed seed as misdemeanor.It is a Class 2 misdemeanor for any person to transport hay, livestock feeds or other plant products containing weed seed in such a manner as may constitute a substantial risk of contaminating fields or other lands. Source: SL 1983, ch 282, §49.
SD Codified L § 38-22-34 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-34 - Levy for weed and pest control programs in community--Administration by board.

38-22-34. Levy for weed and pest control programs in community--Administration by board.With the approval of two-thirds of the landowners, a community may petition the county to assess a special levy to be used for weed and pest control programs in that community. For the purposes of this section, a community is any township, a natural or artificial geographic area, or a subdivision of a board member area as designated by the county weed and pest board and represented by a community representative. Any such program for the control of weeds and pests which is funded by a special levy shall be administered through the county weed and pest board. Source: SL 1986, ch 333, §1.
SD Codified L § 38-22-35 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-35 - Weed and pest control fund.

38-22-35. Weed and pest control fund. All funds collected pursuant to §38-22-36 shall be deposited with the state treasurer in a special fund known as the "weed and pest control fund." Source: SL 1989, ch 345, §2; SL 1993, ch 305, §1A; SL 1998, ch 247, §8.
SD Codified L § 38-22-36 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-36 - Funds for weed and pest control fund.

38-22-36. Funds for weed and pest control fund.The commission may accept gifts, grants, contracts, or other funds designated for weed and pest management. Such funds shall be deposited in the weed and pest control fund and may be expended pursuant to §38-22-38. Source: SL 1989, ch 345, §4.
SD Codified L § 38-22-38 (2021)
2021 South Dakota Codified Laws|Title 38 - Agriculture and Horticulture|Chapter 22 - Weed And Pest Control|Section 38-22-38 - Expenditure of weed and pest control funds.

38-22-38. Expenditure of weed and pest control funds.The commission may expend weed and pest control funds through grants or contracts to weed and pest control boards, governmental agencies, or other entities it considers appropriate for weed and pest control projects for the following:(1)Employment of a new and innovative weed and pest control project or the development, implementation, or demonstration of any weed and pest control project that may be proposed, implemented, or established by local, state, or national organizations, whether public or private. Such expenditures shall be on a cost-share basis with such organizations;(2)Weed and pest control cost-share programs with county weed and pest boards;(3)Special grants to county weed and pest control boards to eradicate or contain significant weeds or pests newly introduced into the county. These grants may be issued without matching funds from the board;(4)Assist county weed and pest boards in purchasing pesticides and application equipment and hiring labor necessary to protect against expansion of noxious weeds and declared pests;(5)Support multi-county weed and pest control and eradication efforts;(6)Promote landowner responsibility to control noxious weeds and pests in South Dakota;(7)Support educational and research efforts to find new and better ways of controlling noxious weeds and pests.A project is eligible to receive funds only if the county in which the project occurs has funded its own weed and pest program. The commission may also expend funds to pay for the costs of administering the weed and pest control fund not to exceed three percent of the allowable expenditure for each fiscal year and for administrative expenses incurred by the commission. Source: SL 1989, ch 345, §7; SL 1996, ch 246, §2.