reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 45 - Emergency Reporting System › Section 34-45-30 - Responsibilities of the commission.

34-45-30. Responsibilities of the commission.
The commission may:
(1)Consult and cooperate with counties, municipalities, agencies of this state, other governmental agencies, and other institutions concerning the development of 911 telecommunicator training;
(2)Make or encourage studies of any aspect of 911 telecommunicator administration;
(3)Conduct and stimulate research by public and private agencies which shall be designed to improve 911 telecommunicator training and administration;
(4)Make recommendations concerning any matter within its purview pursuant to §§34-45-22 to 34-45-32, inclusive;
(5)Make such evaluations as may be necessary to determine if governmental units are complying with the provisions of §§34-45-22 to 34-45-32, inclusive;
(6)Enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to §§34-45-22 to 34-45-32, inclusive.
Source:
SL 1998, ch 142, §9.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 45 - Emergency Reporting System › Section 34-45-31 - Creation of a 911 telecommunicator training fund.

34-45-31. Creation of a 911 telecommunicator training fund.
There is hereby created within the state treasury the 911 telecommunicator training fund into which shall be deposited moneys as provided by §23-3-53. All moneys in the fund created by this section are continuously appropriated for the purposes of training and certifying of 911 telecommunicators. The Division of Criminal Investigation shall authorize disbursements from the fund.
Source:
SL 1998, ch 142, §11.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 45 - Emergency Reporting System › Section 34-45-34 - Enhanced 911 service.

34-45-34. Enhanced 911 service.
No later than July 1, 2010, each governing body and 911 system shall provide enhanced 911 service.
Source:
SL 2008, ch 176, §20.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 45 - Emergency Reporting System › Section 34-45-35 - Call location information--Provision to law enforcement--Emergency.

34-45-35  .  Call location information--Provision to law enforcement--Emergency.
A law enforcement agency or any public safety answering point on behalf of a law enforcement agency may request, from a wireless telecommunications carrier, information regarding the location of a telecommunications device, if the highest ranking person on duty at the agency authorizes the request based on a determination that:
(1) The information is necessary to facilitate the provision of emergency services; or
(2) There exists an emergency situation involving the immediate risk of death or serious physical harm.
Upon receiving a request under this section, a wireless telecommunications carrier shall immediately provide the location to the law enforcement agency, together with any known subscriber information and information regarding the last time the device was used.
Each wireless telecommunications carrier doing business in this state  shall provide to the Department of Public Safety a  phone number for law enforcement emergency support services. Each carrier shall review the phone number at least twice each year and notify the department of any changes immediately.
The department shall maintain the list of phone numbers and provide the list to every public safety answering point and to the South Dakota state radio system.
A claim for relief may not be brought in any court against any wireless service carrier or any other person who in good faith provides information regarding the location of a telecommunications device in accordance with this section.
Source:  SL 2020, ch 147, § 1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products › Section 34-46-1 - Definition of terms.

34-46-1. Definition of terms.
Terms used in this chapter mean:
(1)"Electronic smoking device," any e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen containing or delivering nicotine or any other substance intended for human consumption that may be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product;
(2)"Proof of age," a driver's license, nondriver identification card, tribal identification card, or other generally accepted means of identification that contains a picture of the individual and appears on its face to be valid;
(3)"Sample," tobacco products distributed to members of the general public at no cost for purposes of promoting the product;
(4)"Sampling," the distribution of samples to members of the general public in a public place;
(5)"Self-service display," a display that contains cigarettes or smokeless tobacco, or both, and is located in an area openly accessible to the merchant's consumers, and from which such consumers can readily access cigarettes or smokeless tobacco, or both, without the assistance of the merchant or an employee or agent of the merchant. A display case that holds tobacco products behind locked doors does not constitute a self-service display;
(6)"Smoke" or "Smoking," the act of inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form, including the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form;
(7)"Tobacco product," any item made of tobacco intended for human consumption, including cigarettes, cigars, pipe tobacco, and smokeless tobacco, and vapor products as defined in §34-46-20;
(8)"Tobacco speciality store," a business that derives at least seventy-five percent of its revenue from the sale of tobacco products.
Source:
SL 1994, ch 280, §1; SL 2009, ch 170, §1; SL 2011, ch 13, §4; SL 2019, ch 155, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products › Section 34-46-2 - Unlawful actions.

34-46-2. Unlawful actions.
The following actions are unlawful:
(1)To knowingly sell or distribute a tobacco product to a person under the age of twenty-one;
(2)To purchase or attempt to purchase, to receive or attempt to receive, to possess, or to consume a tobacco product if a person is under the age of twenty-one;
(3)To purchase a tobacco product on behalf of, or to give a tobacco product to, any person under the age of twenty-one;
(4)To sell cigarettes other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law;
(5)To sell tobacco products through a vending machine located in a place other than a place that is open to the public but to which persons under the age of twenty-one are denied access at all times;
(6)To sell cigarettes or smokeless tobacco, or both, through a self-service display other than a display that is:
(a)A vending machine permitted under subdivision (5) of this section; or
(b)Located in a tobacco speciality store; or
(7)To distribute tobacco product samples in or on a public street, sidewalk, or park that is within five hundred feet of a playground, school, or other facility when the facility is being used primarily by persons under the age of twenty-one.
Source:
SL 1994, ch 280, §2; SL 1997, ch 206, §1; SL 1998, ch 215, §1; SL 2007, ch 199, §1; SL 2009, ch 170, §2; SL 2020, ch 148, § 1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 46 - Regulation Of Sales And Distribution Of Tobacco Products › Section 34-46-2.2 - Merchants--Notice requirement--Contents.

34-46-2.2. Merchants--Notice requirement--Contents.
A merchant shall conspicuously post a notice, on the merchant's premises, stating that "No person under the age of 21 may be sold tobacco products."
Any owner, lessee, or person having control of any cigarette vending machine shall post, in a conspicuous place on each machine in use within the state, a warning which shall be printed in bold type letters each of which shall be at least one-half inch high and which shall be kept in easily legible form and repair stating:
"Any person under 21 years of age is forbidden by law to purchase cigarettes from this machine."
Source:
SL 2000, ch 185, §4; SL 2020, ch 148, § 2.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48 - Assistance Among Public Agencies And Emergency Management Entities › Section 34-48-8 - Ownership of and liability for assistance provided.

34-48-8. Ownership of and liability for assistance provided.
Except as provided in §34-48-12, any deploying public agency or covered entity providing assistance in response to a request under this chapter shall maintain ownership of and liability for all assistance provided, including:
(1)Worker's compensation coverage for personnel employed, authorized, or designated to act by or on behalf of the deploying public agency or covered entity;
(2)Insurance coverage for employees, agents, or volunteers of the deploying public agency or covered entity;
(3)Property; and
(4)Personnel benefits.
Source:
SL 2006, ch 189, §8; SL 2013, ch 164, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48 - Assistance Among Public Agencies And Emergency Management Entities › Section 34-48-9 - Civil liability for assistance--Immunity.

34-48-9. Civil liability for assistance--Immunity.
No person or public agency or covered entity may be held civilly liable for actions in requesting or providing assistance under this chapter except for acts of willful misconduct or gross negligence. Nothing in this chapter constitutes a waiver or abrogation of sovereign immunity or any statutory immunity.
Source:
SL 2006, ch 189, §9.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48 - Assistance Among Public Agencies And Emergency Management Entities › Section 34-48-10 - Coordination with chapters 1-24 and 34-48A.

34-48-10. Coordination with chapters 1-24 and 34-48A.
Nothing in this chapter limits or supercedes the provisions of chapter 1-24 and chapter 34-48A. The provisions of this chapter may be used contemporaneously with any agreement under chapters 1-24 or 34-48A.
Source:
SL 2006, ch 189, §10.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48 - Assistance Among Public Agencies And Emergency Management Entities › Section 34-48-11 - Liability coverage for law enforcement officers responding to requests for assistance.

34-48-11. Liability coverage for law enforcement officers responding to requests for assistance.
Any law enforcement officer responding to a request under the provisions of this chapter shall be treated as a law enforcement officer of the requesting agency for liability purposes while in its jurisdiction, and the requesting agency shall obtain and maintain liability coverage for those law enforcement officers responding to requests. While a law enforcement officer is assigned to temporary duty within the jurisdiction of another public agency, any liability that accrues on account of the negligent or otherwise tortious act of the law enforcement officer while performing the duty is the responsibility of the requesting public agency and not the deploying public agency.
This section does not apply to any law enforcement officer or other employee of a state agency of the State of South Dakota, an agency of the United States, or a tribal government.
Source:
SL 2013, ch 164, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48 - Assistance Among Public Agencies And Emergency Management Entities › Section 34-48-12 - Wages, pension, worker's compensation, and other service rights and benefits for law enforcement officers responding to requests for assistance.

34-48-12. Wages, pension, worker's compensation, and other service rights and benefits for law enforcement officers responding to requests for assistance.
Any law enforcement officer who is ordered by the deploying agency or who responds to the request of the authorities of another public agency to perform law enforcement duties outside territorial limits of the public agency where the officer is employed, is entitled to the same wage, salary, pension, worker's compensation, and all other service rights for this service as for service rendered within the limits of the public agency where the law enforcement officer is regularly employed. All wage and disability payments, pension and worker's compensation claims, damage to equipment and clothing, and medical expense arising from such service to the requesting agency shall be paid by the public agency or town regularly employing the law enforcement officer.
A deploying public agency that provides law enforcement assistance and requests reimbursement shall be reimbursed by the requesting agency for actual expenses incurred by the deploying agency, which shall include wages and salary, employee benefits such as disability and pension, fuel and oil, incidental repairs, room and board, equipment, clothing and supplies, and the cost of workers' compensation insurance premiums at the time of employment.
This section does not apply to any law enforcement officer or other employee of a state agency of the State of South Dakota, an agency of the United States, or a tribal government.
Source:
SL 2013, ch 164, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-2 - Policy and purpose.

34-48A-2. Policy and purpose.
In order to ensure that preparation of this state will be adequate to deal with an emergency or disaster, and to provide for the common defense and to protect the public peace, health, and safety and to preserve the lives and property of the people of the state, it is hereby found and declared to be necessary:
(1)To create a Division of Emergency Management, and to authorize the creation of local organizations for emergency management in the political subdivisions of the state;
(2)To confer upon the Governor, the secretary and upon the executive heads or governing bodies of the political subdivision of the state the emergency powers provided by this chapter;
(3)To provide for the rendering of mutual aid among the political subdivisions of the state and with other states and to cooperate with the federal government for the carrying out of emergency management functions; and
(4)To cooperate with each association, authority, board, commission, committee, council, department, division, office officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty. This subdivision does not include the legislative or judicial branch of the state, of its units of local government, or of Indian tribes.
Source:
SL 1949, ch 236, §2; SL 1951, ch 285, §2; SL 1953, ch 288, §2; SL 1955, ch 236, §1; SDC Supp 1960, §41.01C02 (1); SL 1977, ch 271, §2; SL 1992, ch 236, §2; SL 2004, ch 17, §186; SDCL §33-15-2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-3 - Coordination with federal government--Cooperation with other agencies.

34-48A-3. Coordination with federal government--Cooperation with other agencies.
It is further declared to be the purpose of this chapter and the policy of the state that all emergency management of this state shall be coordinated to the maximum extent and shall cooperate with the federal government including its various departments and agencies, with other states and localities, and with private agencies of every type, to the end that the most effective preparation and use may be made of the nation's manpower, resources, and facilities for dealing with any disaster that may occur.
Source:
SL 1949, ch 236, §2; SL 1951, ch 285, §2; SDC Supp 1960, §41.01C02 (2); SL 1977, ch 271, §3; SL 1993, ch 242, §2; SDCL §33-15-3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-4 - Employment of personnel--Expenditures.

34-48A-4. Employment of personnel--Expenditures.
The secretary of public safety may employ technical, clerical, stenographic, and other personnel pursuant to chapter 3-6D. The secretary may make expenditures from the funds made available to the secretary for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.
Source:
SL 1949, ch 236, §4; SL 1951, ch 285, §4; SDC Supp 1960, §41.01C04 (2); SL 1977, ch 271, §10; SL 2003, ch 272 (Ex. Ord. 03-1), §109; SDCL §33-15-5; SL 2018, ch 12, §14.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-6 - Emergency coordination of resources by Governor.

34-48A-6. Emergency coordination of resources by Governor.
Whenever the Governor, pursuant to §34-48A-5, declares an emergency or disaster to exist within the state, the Governor may authorize and direct the resources of any political subdivision of the state or of any department, commission, or agency of the state to assist another political subdivision with such resources.
Source: SDC Supp 1960, ch 41.01C as added by SL 1969, ch 169, §1; SL 1977, ch 271, §5; SDCL §33-15-8.1; SL 2023, ch 3, §37.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-7 - Powers and duties of workers from sending political subdivision.

34-48A-7. Powers and duties of workers from sending political subdivision.
Any emergency management worker on duty in a receiving political subdivision has the same powers, duties, rights, privileges, and immunities as if the worker was performing like services in the sending political subdivision and is considered to be acting within the scope and in the course of the worker's regular employment, as an employee of the sending political subdivision.
Source:
SDC Supp 1960, ch 41.01C as added by SL 1969, ch 169, §1; SL 1977, ch 271, §36; SL 1992, ch 236, §3; SDCL §33-15-8.2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-8 - Reimbursement between political subdivisions co-operating.

34-48A-8. Reimbursement between political subdivisions co-operating.
The receiving political subdivision shall reimburse the sending political subdivision for all supplies used, the expenses of all equipment used, and the compensation paid to all officers and members of such forces so furnished during such time as the rendition of such aid prevents them from performing their duties in the sending political subdivision, for the actual traveling and maintenance expenses of such officers and members while rendering such aid, and the costs of all insurance covering such officers and members while so engaged, and any damage or loss to equipment or supplies furnished while so engaged. Any claim for such reimbursement, loss, damage, or expense in the use of equipment or supplies or for additional expenses incurred in the operation or maintenance thereof shall not be allowed unless within ninety days after the same is sustained or incurred an itemized notice of such claim, verified by an officer or employee of the sending political subdivision, having knowledge of the facts, is filed with the clerk or auditor of the receiving political subdivision.
Source:
SDC Supp 1960, ch 41.01C as added by SL 1969, ch 169, §1; SDCL §33-15-8.3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-9 - Power to make orders.

34-48A-9. Power to make orders.
In performing his duties under this chapter, and to effect its policy and purpose, the Governor is further authorized and empowered to make, amend, and rescind the necessary orders to carry out the provisions of this chapter within the limits of the authority conferred upon him herein, with due consideration of the plans of the federal government.
Source:
SL 1949, ch 236, §6; SL 1951, ch 285, §6; SDC Supp 1960, §41.01C05 (2) (a); SL 1977, ch 272, §1; SL 1986, ch 272, §15; SDCL §33-15-9.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-10 - Special permits for emergency movement of persons and property in lieu of other permits.

34-48A-10. Special permits for emergency movement of persons and property in lieu of other permits.
The Governor may, by executive order, provide for the issuance of special permits for the movement of persons, commodities, and equipment in the event of disaster or impending disaster from any cause to the extent that the civilian or livestock population, or any part thereof, will be deprived of necessary, and essential food, fuel, supplies, and equipment. The special permits herein provided shall be issued without fee and shall be in lieu of compensation for the unusual use of the highways and in lieu of those permits required by §§10-47A-65 and 32-22-38.
Source:
SDCL §33-15-9 as enacted by SL 1977, ch 272, §1; SL 1989, ch 117, §§65, 76; SDCL §33-15-9.1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-11 - Preparation of comprehensive plan--Coordination with federal plan.

34-48A-11. Preparation of comprehensive plan--Coordination with federal plan.
The secretary is directed to prepare a comprehensive plan and program for the emergency management of this state. The plan and program shall be integrated into and coordinated with the emergency management plans of the federal government and of other states to the fullest possible extent, and shall coordinate the preparation of plans and programs for emergency management by the political subdivisions of this state, which shall be integrated into and coordinated with the emergency management plan and program of this state to the fullest possible extent.
Source:
SL 1949, ch 236, §6; SL 1951, ch 285, §6; SDC Supp 1960, §41.01C05 (2) (b); SL 1977, ch 271, §11; SL 2004, ch 17, §187; SDCL §33-15-10.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-12 - Contents of plan--Supplies and equipment--Cooperation with federal government--Agreements with other states--Distribution and allocation--Training and information programs.

34-48A-12. Contents of plan--Supplies and equipment--Cooperation with federal government--Agreements with other states--Distribution and allocation--Training and information programs.
The secretary may with the approval of the Governor and in accordance with the plan and program for emergency management of this state:
(1)Procure supplies and equipment;
(2)Cooperate with the federal government, or any agency thereof, and to enter into agreements with any state of the United States or subdivision thereof or with any private agency therein for the procurement of food, fuel, supplies, and equipment necessary for civilian use;
(3)Provide for the distribution and allocation thereof to the inhabitants of this state in a manner consistent with the needs and requirements of the civil population thereof; and
(4)Institute training programs and public information programs, and take all other preparatory steps including the partial or full mobilization of emergency management organizations in advance of actual disaster, to ensure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need.
Source:
SL 1949, ch 236, §6; SL 1951, ch 285, §6; SDC Supp 1960, §41.01C05 (2) (c); SL 1977, ch 271, §12; SL 2004, ch 17, §188; SDCL §33-15-11.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-13 - Municipalities to provide contact list of public officials to Division of Emergency Management--Contents.

34-48A-13. Municipalities to provide contact list of public officials to Division of Emergency Management--Contents.
No later than July first of each year, each municipal governing body as defined by subdivision 9-1-1(4), shall provide to the Department of Public Safety, Division of Emergency Management, information that will enable emergency agencies to reach the members of the municipal governing board and the mayor at any time, day or night. The information necessary shall include home, business, and other personal telephone numbers including any facsimile transmission machines and cellular or mobile telephone numbers; home, business, and other personal addresses; employer's name and telephone number; and home, business, and other personal email or internet addresses.
Source:
SL 2002, ch 163, §1; SL 2004, ch 17, §189; SDCL §33-15-11.1.