reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-51 - Maintenance and repairs not changing appearance permitted--Correction of unsafe conditions.

1-19B-51. Maintenance and repairs not changing appearance permitted--Correction of unsafe conditions.
Nothing in this chapter prevents the ordinary maintenance or repair of any exterior feature in an historic district which does not involve a change in design, material, color, or outer appearance thereof, nor prevents the construction, reconstruction, alteration, restoration, or demolition of any such feature which the building inspector or similar official shall certify is required by the public safety because of an unsafe or dangerous condition.
Source:
SL 1974, ch 21, §12; SL 2009, ch 1, §95.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-52 - Ordinances to prevent deterioration by neglect--Misdemeanor.

1-19B-52. Ordinances to prevent deterioration by neglect--Misdemeanor.
The governing body of any county or municipality may enact an ordinance to prevent the deterioration by intentional neglect of any designated historic property or any property within an established historic district. Any property owner violating an ordinance established pursuant to this section shall be guilty of a Class 2 misdemeanor. Each day that a violation continues to exist shall constitute a separate offense.
Source:
SL 1974, ch 21, §19; SL 1980, ch 24, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-53 - Governing body's power to protect historic properties.

1-19B-53. Governing body's power to protect historic properties.
In addition to any power or authority of a county or municipality to regulate by planning or zoning laws and regulations or by local laws and regulations, the governing body of any county or municipality may provide by regulations, special conditions, or restrictions for the protection, enhancement, preservation, and use of historic properties. Such regulations, special conditions, and restrictions may include appropriate and reasonable control of the use or appearance of adjacent or associated private property within the public view, or both.
Source:
SL 1974, ch 21, §13; SL 2009, ch 1, §96.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-54 - Exemption of historic properties from health and building codes.

1-19B-54. Exemption of historic properties from health and building codes.
The governing body of any county or municipality, in order to promote the preservation and restoration of historic properties within its jurisdiction, may exempt an historic property from the application of such standards contained in the county or municipal health or building codes, or both, as the governing body, upon recommendation of the local historic preservation commission, shall determine would otherwise prevent or seriously hinder the preservation or restoration of said historic property.
Source:
SL 1974, ch 21, §20.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-55 - Public regulation or acquisition of historic properties unimpaired.

1-19B-55. Public regulation or acquisition of historic properties unimpaired.
Nothing in this chapter prevents the regulation or acquisition of historic buildings, structures, sites, areas, or objects owned by the state or any of its political subdivisions, agencies, or instrumentalities.
Source:
SL 1974, ch 21, §6; SL 2009, ch 1, §97.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-56 - Conservation easements--Definitions.

1-19B-56. Conservation easements--Definitions.
Terms used in §§1-19B-56 to 1-19B-60, inclusive, mean:
(1)"Conservation easement," a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural or open-space values of real property, assuring its availability for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, paleontological or cultural aspects of real property;
(2)"Holder":
(a)A governmental body empowered to hold an interest in real property under the laws of this state or the United States; or
(b)A charitable corporation, charitable association or charitable trust, the purposes or powers of which include retaining or protecting the natural or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, paleontological, or cultural aspects of real property;
(3)"Third-party right of enforcement," a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust, which, although eligible to be a holder, is not a holder.
Source:
SL 1984, ch 280, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-57 - Conservation easement creation, modification, transfer, and termination.

1-19B-57. Conservation easement creation, modification, transfer, and termination.
A conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements. The term of the conservation easement shall be established by the parties to the easement. No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and recording the acceptance. An interest in real property in existence at the time a conservation easement is created is not impaired by it unless the owner of the interest is a party to the conservation easement or consents to it.
Source:
SL 1984, ch 280, §2; SL 2005, ch 14, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-58 - Actions affecting conservation easements.

1-19B-58. Actions affecting conservation easements.
An action affecting a conservation easement may be brought by:
(1)An owner of an interest in the real property burdened by the easement;
(2)A holder of the easement; or
(3)A person having a third-party right of enforcement.
Sections 1-19B-56 to 1-19B-60, inclusive, do not affect the power of a court to modify or terminate a conservation easement according to the principles of law and equity.
Source:
SL 1984, ch 280, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-59 - Validity of conservation easements.

1-19B-59. Validity of conservation easements.
A conservation easement is valid even though:
(1)It is not appurtenant to an interest in real property;
(2)It can be or has been assigned to another holder;
(3)It is not of a character that has been recognized traditionally at common law;
(4)It imposes a negative burden;
(5)It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
(6)The benefit does not touch or concern real property; or
(7)There is no privity of estate or of contract.
Source:
SL 1984, ch 280, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-60 - Application to conservation easements.

1-19B-60. Application to conservation easements.
The provisions of §§1-19B-56 to 1-19B-60, inclusive, apply to any interest created after July 1, 1984, which complies with §§1-19B-56 to 1-19B-60, inclusive, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise. The provisions of §§1-19B-56 to 1-19B-60, inclusive, apply to any interest created before July 1, 1984, if it would have been enforceable had it been created after July 1, 1984, unless retroactive application contravenes the Constitution or laws of this state or the United States. The provisions of §§1-19B-56 to 1-19B-60, inclusive, do not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, that is enforceable under other law of this state.
Source:
SL 1984, ch 280, §5; SL 2009, ch 1, §98.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19B - County And Municipal Historic Preservation Activities › Section 1-19B-62 - Ordinance requiring review of undertakings which will encroach upon, damage or destroy historic property.

1-19B-62. Ordinance requiring review of undertakings which will encroach upon, damage or destroy historic property.
Any county or municipality may enact an ordinance requiring a county or municipal historic preservation commission to review any undertaking, whether publicly or privately funded, which will encroach upon, damage, or destroy any historic property included in the national register of historic places or the state register of historic places. The ordinance may require the issuance of a permit before any undertaking which will encroach upon, damage, or destroy historic property may proceed. The decision to approve or deny a permit shall be based on the standards for historic preservation, restoration, and rehabilitation projects adopted by rules promulgated pursuant to §1-19A-29. Properties owned by the State of South Dakota are exempt from local review.
Source:
SL 1994, ch 16, §4; SL 2011, ch 9, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19C - Historical Names › Section 1-19C-1 - Legislative findings regarding offensive geographic place names.

1-19C-1. Legislative findings regarding offensive geographic place names.
The Legislature finds that all geographic place names containing the term, squaw, are offensive and insulting to all South Dakota's people, history, and heritage. These place names have been replaced by names that reflect South Dakota's people, history, and heritage without resorting to harmful or offensive stereotypes, names, words, or phrases. All state and local government agencies shall make changes to maps and any other reference materials to reflect the changes provided in this chapter. The use of the term, squaw, in whole or in part, is prohibited as a name for any geographic feature within this state.
Source:
SL 2001, ch 9, §1; SL 2009, ch 2, §2; SL 2014, ch 9, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19C - Historical Names › Section 1-19C-2.1 - South Dakota Board on Geographic Names created--Members--Meetings--Investigations--Promulgation of rules.

1-19C-2.1. South Dakota Board on Geographic Names created--Members--Meetings--Investigations--Promulgation of rules.
The South Dakota Board on Geographic Names is hereby created. The board consists of one representative each from the Department of Tribal Relations, the Department of Agriculture and Natural Resources, the Department of Transportation, the South Dakota State Historical Society, and the Department of Tourism. The board shall elect a chair and vice chair from among its membership and shall meet at least once each year to consider issues related to geographical place names and to make recommendations to the appropriate local, state, and federal agencies. The board shall investigate any proposed names, solicit public input, and make a recommendation to the United States Board on Geographic Names as to whether the board supports a new or replacement name. The board may establish procedures and standards to recommend, evaluate, and select geographic place names by rules promulgated pursuant to chapter 1-26. The rules shall be compatible with the standards of the United States Board on Geographic Names as contained in its manual, Principles, Policies and Procedures: Domestic Names, Reston, Virginia, 2016.
Source:
SL 2009, ch 2, §4; SL 2011, ch 1 (Ex. Ord. 11-1), §§28, 29, 91, eff. Apr. 12, 2011; SL 2014, ch 9, §4; SL 2020, ch 5, §1; SL 2021, ch 1 (Ex. Ord. 21-3), §52, eff. April 19, 2021; SL 2021, ch 7, §4; SL 2021, ch 8, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19C - Historical Names › Section 1-19C-2.2 - Board may only act on name change if identified by law as offensive or insulting--Exception.

1-19C-2.2. Board may only act on name change if identified by law as offensive or insulting--Exception.
The South Dakota Board on Geographic Names may only act on a name change for a geographic place name that has been identified by state law as being offensive or insulting, except that the board may hold hearings to consider recommending names to the Legislature as offensive or insulting. The board may not act on any other proposed name change. If state law identifies such a name, the board shall follow the procedures under §1-19C-2.1 to recommend a new or replacement name.
Source:
SL 2016, ch 6, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19C - Historical Names › Section 1-19C-2.3 - Unnamed geographic place--Public meetings.

1-19C-2.3  .  Unnamed geographic place--Public meetings.
Notwithstanding the provisions of §  1-19C-2.2  , if a geographic place has not previously been named and the naming of that unnamed geographic place is requested, the South Dakota Board of Geographic Names may conduct public meetings to consider and determine whether to recommend an original name for that geographic place to the United States Board on Geographic Names.
Source:  SL 2020, ch 5, § 2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 19C - Historical Names › Section 1-19C-5 - Offensive place names revised by United States Board on Geographic Names.

1-19C-5. Offensive place names revised by United States Board on Geographic Names.
The following offensive place names in South Dakota by county were revised by the United States Board on Geographic Names as of January 1, 2014:
County
Current place name
Place name changed to
Codington
Squaw Lake
Serenity Lake
Custer
Little Squaw Creek
Badger Clark Creek
Fall River
Squaw Flat
Hat Creek Flat
Gregory
Squaw Creek
Oscar Micheaux Creek
Squaw Creek Reservoir
Oscar Micheaux Reservoir
Haakon
Squaw Creek
Sarah Laribee Creek
Harding
Squaw Creek
Slim Buttes Creek
East Squaw Creek
Meat Hook Creek
Squaw Tree Spring
Prairie Woman Spring
West Squaw Creek
Double X Creek
Jones
Squaw Creek
Pitan Creek
Lawrence
Squaw Creek
Cleopatra Creek
East Branch of Squaw Creek
East Branch Cleopatra Creek
Marshall
Squaw Hill
Six Mile Hill
Meade
Squaw Butte
Vig Buttes
Squaw Creek
Deer Creek
Moody
Squaw Creek
Isanti Creek
Pennington
Squaw Creek
Cedar Breaks Creek
Oglala Lakota
Little Squaw Humper Creek
Tahc'a Okute Wakpa C'ikala
Little Squaw Humper Table
Tahc'a Okute Aglehan C'ikala
Squaw Humper Creek
Tahc'a Okute Wakpa
Squaw Humper Dam
Tahc'a Okute Mni Onaktake
Squaw Humper Table
Tahc'a Okute Aglehan
Ziebach
Squaw Teat Butte
Peaked Butte
Squaw Teat Creek
East Rattlesnake Creek
Source:
SL 2009, ch 2, §7; SL 2014, ch 9, §6; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 20 - Archaeological Exploration › Section 1-20-17 - Legislative findings--Purpose of chapter.

1-20-17. Legislative findings--Purpose of chapter.
The Legislature hereby declares that the public has an interest in preservation and protection of the state's archaeological resources; that the public has the right to the knowledge to be derived and gained from the scientific study of these resources; and that therefore it is the purpose of this chapter to provide that activities for the preservation, excavation, study, and exhibition of the state's archaeological resources be undertaken in a coordinated and organized manner for the general welfare of the public as a whole.
Source:
SL 1974, ch 11, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 20 - Archaeological Exploration › Section 1-20-18 - Definitions.

1-20-18. Definitions.
Terms used in this chapter mean:
(1)"Complete collection," any site forms, updated site forms, artifacts, ecofacts, permits, contracts, correspondence, survey and excavation records, field notes, maps, lab analysis records, manuals for filed and lab procedures, photographic media, professional papers, shapefiles, and all documentation related to the project or undertaking;
(2)"Field investigations," the study of the traces of human culture at any land or water site by means of surveying, digging, sampling, excavating, or removing surface or subsurface objects, or going on a site with that intent;
(3)"Site," any aboriginal mound, fort, earthwork, village location, burial ground, historic or prehistoric ruin, mine, cave, or other location which is or may be the source of important archaeological data;
(4)"Specimens," all relics, artifacts, remains, objects, or any other evidence of an historical, prehistorical, archaeological, or anthropological nature, which may be found on or below the surface of the earth, and which have scientific or historical value as objects of antiquity, as aboriginal relics, or as archaeological samples.
Source:
SL 1974, ch 11, §2; SL 2009, ch 1, §99; SL 2021, ch 7, § 36.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 20 - Archaeological Exploration › Section 1-20-19 - Employment and qualifications of state archaeologist.

1-20-19. Employment and qualifications of state archaeologist.
The secretary of education shall, subject to the Governor's approval, employ a state archaeologist, who shall serve at the pleasure of the secretary. The state archaeologist shall be a qualified anthropologist. The minimum professional qualifications for the position shall include a master's degree from an accredited institution of higher education and at least one year of field experience in archaeological salvage.
Source:
SL 1973, ch 5, §2; SDCL Supp, §§1-20-1.1, 1-20-1.2; SL 1974, ch 11, §3; SL 1979, ch 353, §13; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2005, ch 10, §7; SL 2011, ch 1 (Ex. Ord. 11-1), §91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1), §21, eff. Apr. 20, 2015.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 20 - Archaeological Exploration › Section 1-20-20 - Duties of state archaeologist--Employment of personnel.

1-20-20. Duties of state archaeologist--Employment of personnel.
The state archaeologist shall administer the preservation and protection of the state's archaeological resources pursuant to this chapter. The secretary of education may employ such qualified persons as may be needed to assist the state archaeologist in the performance of the duties prescribed by this chapter.
Source:
SL 1974, ch 11, §3; SL 1979, ch 353, §14; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2005, ch 10, §8; SL 2009, ch 1, §100; SL 2011, ch 1 (Ex. Ord. 11-1), §91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1), §21, eff. Apr. 20, 2015.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 20 - Archaeological Exploration › Section 1-20-21 - Statewide survey of archaeological sites--Records.

1-20-21. Statewide survey of archaeological sites--Records.
The state archaeologist, on behalf of the State Historical Society Board of Trustees shall conduct, as part of that board's statewide survey of historic properties, a survey of archaeological sites located within the state and maintain records of such sites.
Source:
SL 1947, ch 255, §2; SDC Supp 1960, §29.0702; SDCL §1-20-3; SL 1974, ch 11, §5; SL 2007, ch 6, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 20 - Archaeological Exploration › Section 1-20-21.1 - Agreements involving archaeological survey or assessment work--Fee schedule.

1-20-21.1. Agreements involving archaeological survey or assessment work--Fee schedule.
The state archaeologist may enter into agreements involving archaeological survey or assessment work with any state or federal department, agency, institution, or political subdivision or with a private contractor. The State Historical Society Board of Trustees may promulgate rules, pursuant to chapter 1-26, to establish a fee schedule for recovery of exploratory, laboratory, reporting, and administrative costs incurred by the state archaeologist in the performance of the duties prescribed by this chapter.
Source:
SL 1981, ch 6; SL 2009, ch 1, §101.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 20 - Archaeological Exploration › Section 1-20-21.2 - Confidentiality of records pertaining to location of archaeological site--Exceptions.

1-20-21.2. Confidentiality of records pertaining to location of archaeological site--Exceptions.
Any records maintained pursuant to §1-20-21 pertaining to the location of an archaeological site shall remain confidential to protect the integrity of the archaeological site. The state archaeologist may make the information from the records of an archeological site available to any agency of state government and any political subdivision of the state or to any tribe, which, in the opinion of the state archaeologist, may conduct an activity that affects any such site. The state archaeologist shall also make the information from the records of an archeological site available to the owner of the land that is an archeological site and may make the information available to any qualified researcher or research entity.
Source:
SL 2007, ch 6, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 20 - Archaeological Exploration › Section 1-20-22 - Notice to board of projects endangering archaeological sites--Notice to contractors.

1-20-22. Notice to board of projects endangering archaeological sites--Notice to contractors.
When any state department, institution, or agency, or political subdivision of the state finds or is made aware by an appropriate historical or archaeological authority that its operation in connection with any state, state-assisted, state-licensed, or state-contracted project, activity, or program adversely affects or may adversely affect scientific, historical, or archaeological data, such agency shall notify the State Historical Society Board of Trustees and shall provide the board with appropriate information concerning the project, program, or activity. The provisions of this chapter shall be made known to contractors by the state agencies doing the contracting.
Source:
SL 1974, ch 11, §11; SL 2009, ch 1, §102.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 20 - Archaeological Exploration › Section 1-20-23 - Investigation of endangered archaeological sites.

1-20-23. Investigation of endangered archaeological sites.
The State Historical Society Board of Trustees, upon notification or determination that scientific, historical, or archaeological data including relics and specimens, is or may be adversely affected, shall, after reasonable notice to the responsible department, institution, or agency conduct or cause to be conducted a survey and other investigations to recover and preserve or otherwise protect such data, including analysis and publication, which in its opinion should be recovered in the public interest.
Source:
SL 1947, ch 255, §3; SL 1949, ch 232; SDC Supp 1960, §29.0703; SDCL, §1-20-4; SL 1974, ch 11, §12.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 20 - Archaeological Exploration › Section 1-20-24 - Initiation of action by board--Recovery of archaeological data--Contractor's cost.

1-20-24. Initiation of action by board--Recovery of archaeological data--Contractor's cost.
The State Historical Society Board of Trustees shall initiate actions within sixty days of notification under §1-20-22 and within such time as agreed upon in other cases. The responsible agency shall expend agency funds for the purpose of recovering scientific, historical, or archaeological data, including analysis and publications, and such costs shall be included as part of the contractor's costs if the adverse effect is caused by work being done under contract to a state agency.
Source:
SL 1974, ch 11, §13; SL 2009, ch 1, §103.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 20 - Archaeological Exploration › Section 1-20-25 - Exclusive right--Investigation on public lands--Property of state.

1-20-25. Exclusive right--Investigation on public lands--Property of state.
The state reserves to itself the exclusive rights and privilege of field investigation on land owned or controlled by the state, its agencies, departments, institutions, or political subdivisions in order to protect and preserve archaeological and scientific information, matter, and objects. All such information and objects deriving from state lands shall remain the property of the state and be utilized for scientific or public educational purposes.
Source:
SL 1947, ch 255, §4; SDC Supp 1960, §29.0704; SDCL, §1-20-6; SL 1974, ch 11, §4; SL 2021, ch 7, § 37.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 20 - Archaeological Exploration › Section 1-20-26 - Cooperation with state archaeologist by public agencies.

1-20-26. Cooperation with state archaeologist by public agencies.
All state agencies, departments, institutions, and commissions, as well as all counties and municipalities, shall cooperate fully with the state archaeologist in the preservation, protection, excavation, and evaluation of specimens and sites.
Source:
SL 1974, ch 11, §10.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 20 - Archaeological Exploration › Section 1-20-27 - Reservation from sale of state archaeological sites--Release when examination complete.

1-20-27. Reservation from sale of state archaeological sites--Release when examination complete.
Upon written notice to the commissioner of school and public lands given by the state archaeologist, the commissioner shall reserve from sale any state lands on which sites or artifacts are located or may be found, as designated by the state archaeologist. However, the reservation of such lands from sale may be confined to the actual location of the site or artifacts. When such sites or artifacts have been explored, excavated, or otherwise examined to the extent desired by the state archaeologist, the state archaeologist shall then file with the commissioner a statement releasing such lands and permitting the sale of such lands.
Source:
SL 1974, ch 11, §9; SL 2009, ch 1, §104.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 20 - Archaeological Exploration › Section 1-20-29 - Policy as to investigations on private land.

1-20-29. Policy as to investigations on private land.
It is the declared intention of the Legislature that field investigations on privately owned lands should be discouraged except in accordance with both the provisions and spirit of this chapter; and persons having knowledge of the location of archaeological sites are encouraged to communicate such information to the state archaeologist.
Source:
SL 1974, ch 11, §14.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 20 - Archaeological Exploration › Section 1-20-30 - Designation of archaeological register sites--Consent required.

1-20-30. Designation of archaeological register sites--Consent required.
The State Historical Society Board of Trustees may publicly designate an archaeological site of significance to the scientific study of public representation of the state's historical, prehistorical, or aboriginal past as a state archaeological register site. However, no site may be designated as a state archaeological register site without the express written consent of the state agency having jurisdiction over the land in question or, if it is on privately owned land, of the landowner.
Source:
SL 1974, ch 11, §7; SL 2009, ch 1, §105.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 20 - Archaeological Exploration › Section 1-20-31 - Notice of designation of archaeological site--Permit required for field investigation.

1-20-31. Notice of designation of archaeological site--Permit required for field investigation.
Upon designation of an archaeological site, the owners and occupants of each designated state archaeological register site shall be given written notification of such designation by the state archaeologist. Once so designated, no person may conduct field investigation activities without first securing a permit from the State Historical Society Board of Trustees and complying with the provisions of §§1-20-32 to 1-20-34, inclusive.
Source:
SL 1974, ch 11, §7.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 20 - Archaeological Exploration › Section 1-20-32 - Issuance of exploration permits--Qualifications of permittees.

1-20-32. Issuance of exploration permits--Qualifications of permittees.
The State Historical Society Board of Trustees may issue permits for exploration and field investigations to be undertaken on state lands or within the boundaries of designated state archaeological register sites to institutions which the state archaeologist may deem to be properly qualified to conduct such activity, subject to such rules as the State Historical Society Board of Trustees may prescribe, as long as such activity is undertaken by reputable museums, universities, colleges, or other historical, scientific, or educational institutions or societies approved by the state archaeologist, with a view toward disseminating the knowledge gained through their activities.
Source:
SL 1947, ch 136, §1; SDC Supp 1960, §29.0801; SDCL §1-20-7; SL 1974, ch 11, §6; SL 2009, ch 1, §106.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 20 - Archaeological Exploration › Section 1-20-33 - Exploration results--Report to state archaeologist.

1-20-33. Exploration results--Report to state archaeologist.
When exploration or field investigations are undertaken pursuant to §1-20-32, a summary report of such undertakings, containing relevant maps, documents, drawings, and photographs shall be submitted to the state archaeologist for review.
Source:
SL 1974, ch 11, §6; SL 2021, ch 7, § 38.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 20 - Archaeological Exploration › Section 1-20-34 - Specimens collected--State property--Disposition.

1-20-34. Specimens collected--State property--Disposition.
When a permit is issued pursuant to §1-20-32, the permittee shall prepare a technical report documenting such project or undertaking. The report shall be submitted to the state archaeologist for review and approval. The complete collection of the project is the permanent property of the state. The state archaeologist may make arrangements for the disposition of the complete collection in another federally-recognized repository, in or out of the state.
Source:
SL 1947, ch 136, §2; SDC Supp 1960, §29.0802; SDCL §1-20-10; SL 1974, ch 11, §6; SL 2009, ch 1, §107; SL 2021, ch 7, § 39.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 20 - Archaeological Exploration › Section 1-20-35 - Unauthorized investigation as misdemeanor--Forfeiture of materials found.

1-20-35. Unauthorized investigation as misdemeanor--Forfeiture of materials found.
No person may conduct field investigation activities on any land owned or controlled by the state, its agencies, departments, and institutions, or within the boundaries of any designated state archaeological landmark, without first obtaining a permit from the State Historical Society Board of Trustees. No person may appropriate, deface, destroy, or otherwise alter any archaeological site or specimen located upon state lands or within the boundaries of a designated state archaeological register site, except in the course of activities pursued under the authority of a permit granted by the State Historical Society Board of Trustees. A violation of this section is a Class 2 misdemeanor, and in addition, any person who violates this section shall forfeit to the state all specimens, objects, and materials collected or excavated, together with all photographs and records relating to such material.
Source:
SL 1947, ch 136, §7; SDC Supp 1960, §29.9904; SDCL §1-20-16; SL 1974, ch 11, §15; SL 1980, ch 24, §6; SL 2009, ch 1, §108.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 20 - Archaeological Exploration › Section 1-20-36 - Trespass on private land--Misdemeanor.

1-20-36. Trespass on private land--Misdemeanor.
It is deemed an act of trespass for any person to remove artifacts and antiquities of the kind described in this chapter from the private land of any owner without the owner's permission being first obtained, in writing. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1974, ch 11, §17; SL 1980, ch 24, §7; SL 2009, ch 1, §109.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 20 - Archaeological Exploration › Section 1-20-37 - Forgery and misrepresentation of archaeological objects--Sale of unlawfully collected objects--Misdemeanor.

1-20-37. Forgery and misrepresentation of archaeological objects--Sale of unlawfully collected objects--Misdemeanor.
No person may reproduce, retouch, rework, or forge any archaeological, paleontological, ethnological, or historical object, deriving its principal value from its antiquity, or make any object, whether copies or not, or falsely label, describe, identify, or offer for sale or exchange any object, with intent to represent the object to be an original and genuine archaeological, paleontological, ethnological, or historical specimen. No person may offer for sale or exchange any object that has previously been collected or excavated in violation of any of the terms of this chapter. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1974, ch 11, §16; SL 1980, ch 24, §8; SL 2009, ch 1, §110.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 21 - State Fair And Shows › Section 1-21-1 - State Fair Commission created--Appointment and terms.

1-21-1. State Fair Commission created--Appointment and terms.
There is created a State Fair Commission within the Department of Agriculture and Natural Resources. The commission shall act in an advisory capacity to the secretary of agriculture and natural resources. The commission may consist of up to thirteen members appointed by and serving at the pleasure of the Governor. Seven of the members may be appointed at large; an additional six members may be appointed from each of the following: 4-H Clubs of South Dakota, a resident of the city of Huron, a resident of Beadle County, a vendor, an exhibitor, and an employee of the South Dakota State University. Not all of the members may be of the same political party. The commission shall meet periodically at the call of the secretary and shall assist the Department of Agriculture and Natural Resources in planning, promoting, and presenting the state fair and such other duties as assigned by the secretary.
Source: SDC 1939 §55.4601; SL 1939, ch 225, §1; SL 1949, ch 226, §1; SL 1953, ch 298; SL 1974, ch 12, §§1, 2; SL 1980, ch 368, §§17, 18, 20; SL 2003, ch 16, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 21 - State Fair And Shows › Section 1-21-2 - Meetings of fair commission--Chair and vice chair.

1-21-2. Meetings of fair commission--Chair and vice chair.
The State Fair Commission shall meet at least once a year in Huron, South Dakota. The commission may hold other meetings at places and at times requested by the secretary of agriculture and natural resources. At the first meeting of the year the commission shall elect from its own membership, a chair and vice chair.
Source: SDC 1939, §55.4602; SL 1939, ch 225, §2; SL 1949, ch 226, §1; SL 1953, ch 299; SL 1955, ch 256, §1; SL 1964, ch 164, §1; SL 1967, ch 258, §1; SL 2004, ch 18, §2; SL 2017, ch 6, §2, eff. Mar. 8, 2017; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 21 - State Fair And Shows › Section 1-21-4 - State fair manager--Appointment and duties--Membership in State Fair Commission.

1-21-4. State fair manager--Appointment and duties--Membership in State Fair Commission.
The secretary of agriculture and natural resources shall appoint and may, at pleasure, remove, subject to the approval by the Governor, a state fair manager. The manager shall perform such duties as may be required by the secretary of agriculture and natural resources. The state fair manager shall serve as an ex-officio member of the State Fair Commission.
Source: SDC 1939, §55.4602; SL 1939, ch 225, §2; SL 1949, ch 226, §1; SL 1953, ch 299; SL 1955, ch 256; SL 1964, ch 164, §1; SL 1967, ch 258, §1; SL 1977, ch 12; SL 2003, ch 16, §3; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 21 - State Fair And Shows › Section 1-21-6 - Supervision and control by secretary of agriculture and natural resources.

1-21-6. Supervision and control by secretary of agriculture and natural resources.
The secretary of agriculture and natural resources has supervision and control of the state fairgrounds throughout the year.
Source: SDC 1939 §55.4601; SL 1939, ch 225, §1; SL 1949, ch 226, §1; SL 1953, ch 298; SL 1992, ch 8, §1; SL 2004, ch 18, §3; SL 2018, ch 13, §1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 21 - State Fair And Shows › Section 1-21-6.1 - State fair law enforcement officers.

1-21-6.1. State fair law enforcement officers.
The secretary of agriculture and natural resources may appoint as many law enforcement officers, as defined in §23-3-27 and certified by the state, as may be necessary to serve as state fair law enforcement officers to ensure peace and good order on or about the fairgrounds. The secretary shall issue to each officer a certificate of authority. Each officer shall possess all the powers of a certified law enforcement officer with jurisdiction to make arrests within Beadle County. The secretary may promulgate rules pursuant to chapter 1-26 establishing additional qualifications in excess of the certification requirements for a certified law officer.
Source: SL 2004, ch 18, §1; SL 2017, ch 6, §3, eff. Mar. 8, 2017; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 21 - State Fair And Shows › Section 1-21-9 - Annual state fair--Exhibits.

1-21-9. Annual state fair--Exhibits.
The secretary of agriculture and natural resources shall hold one state fair each year on the grounds provided by the state in the city of Huron.
The term, fair, as used in this chapter means a bona fide exhibit of livestock; mineral, agricultural, and horticultural products; machinery; mechanical; and fine arts.
Source: SDC 1939, §55.4607; SL 1949, ch 226, §1; SL 1964, ch 164, §2; SL 2004, ch 18, §4; SL 2018, ch 13, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 21 - State Fair And Shows › Section 1-21-10 - Promulgation of rules.

1-21-10. Promulgation of rules.
The Department of Agriculture and Natural Resources may hold a state fair and other activities in the city of Huron at such times as it may determine. The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 concerning:
(1)Traffic and camping regulation;
(2)Advertising on the fairgrounds;
(3)Admission policies;
(4)Employee policies;
(5)Exhibitor policies;
(6)Maintenance responsibilities;
(7)Entry requirements;
(8)Department superintendent duties;
(9)Health and heredity requirements for animals;
(10)The provision of feed and forage;
(11)Administration of stalls;
(12)Judges and judging;
(13)Protests and appeals;
(14)Premiums and awards;
(15)Space rental provisions and requirements;
(16)The establishment of opening and closing dates;
(17)The establishment and collection of fees for admission, parking, camping, entry, and exhibits, solicitation booths, and commercial exhibits; and
(18)Terms, conditions, and fees for the use of the fairgrounds and fairgrounds facilities when the state fair is not in progress.
Source: SDC 1939, §55.4603; SL 1949, ch 226, §1; SL 1964, ch 165; SL 1986, ch 326, §1; SL 1987, ch 21; SL 1992, ch 8, §2; SL 2003, ch 16, §6; SL 2018, ch 13, §3; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 21 - State Fair And Shows › Section 1-21-14 - Receipt and disbursement of funds.

1-21-14. Receipt and disbursement of funds.
All sums received for admissions, concessions, and privileges, or for any purpose, by the secretary of agriculture and natural resources, shall be placed in the state fair fund and shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor upon vouchers approved by the secretary of agriculture and natural resources.
Source: SDC 1939, §55.4607; SL 1949, ch 226, §1; SL 1964, ch 164, §2; SL 1973, ch 6; SL 1984, ch 7; SL 2001, ch 10, §3; SL 2003, ch 16, §9; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 21 - State Fair And Shows › Section 1-21-17 - Confidentiality of contract terms and negotiations.

1-21-17. Confidentiality of contract terms and negotiations.
The terms of any contract and the negotiations for any contract between the secretary of agriculture and natural resources and any performers or entertainers may be kept confidential. However, sixty days after the expiration of such contract, the terms of such contract shall become a public record.
Source: SL 1993, ch 16, §1; SL 2003, ch 16, §10; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 22 - Arts › Section 1-22-1 - Legislative findings and policy.

1-22-1. Legislative findings and policy.
The South Dakota Legislature, being aware of the impact of culture on a stable economy, desires to stimulate, encourage, and give recognition and assistance to the arts which, in order to grow and flourish, depend upon freedom, imagination and individual initiative. While the development of the arts has long been considered a matter of local concern, there is a need to unify and coordinate these forces on a statewide basis. The arts, the creative spirit which motivates them and which they personify, are an essential part of this state's human resources. The best interest of the state and its people requires that artistic expression in all of its forms be disseminated for everyone to see, appreciate and enjoy in order for our cultural and economic progress to be sustained and given impetus.
Source:
SL 1966, ch 183, §1; SL 1985, ch 12, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 22 - Arts › Section 1-22-2 - Arts council created--Composition and appointment of members.

1-22-2. Arts council created--Composition and appointment of members.
There is created a South Dakota State Arts Council composed of eleven members appointed by the Governor. The members of the council shall be chosen to the extent practicable as representative of all the state's major art forms including instrumental and vocal music, dance, drama, folk art, creative writing, architecture and allied fields, painting, sculpture, photography, and the arts relating to the presentation, performance and exhibition of major art forms. The members shall be geographically representative of all sections of the state. The members are not subject to removal by the Governor except for cause.
Source:
SL 1966, ch 183, §2; SL 1973, ch 7, §1; SL 1985, ch 12, §2; SL 1996, ch 8, §8.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 22 - Arts › Section 1-22-2.1 - Terms of office of council members.

1-22-2.1. Terms of office of council members.
The term of office of members of the State Arts Council is three years. The terms shall be staggered so that terms of four members expire on consecutive years and the terms of three members expire every three years. Any person appointed to fill the unexpired term of another appointee shall serve the balance of the unexpired term.
Source:
SL 1966, ch 183, §8 as added by SL 1968, ch 240; SL 1973, ch 7, §1; SL 1985, ch 12, §3; SL 1996, ch 8, §9.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 22 - Arts › Section 1-22-2.2 - Per diem and expenses of council members.

1-22-2.2. Per diem and expenses of council members.
The per diem and expenses of members of the council shall be paid out of funds appropriated for the council on warrants drawn by the state auditor upon itemized vouchers approved by the chair of the state arts council.
Source:
SL 1966, ch 183, §7 as added by SL 1968, ch 240; SL 1985, ch 12, §4; SL 2009, ch 1, §111.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 22 - Arts › Section 1-22-2.3 - Arts council to continue in Department of Tourism.

1-22-2.3. Arts council to continue in Department of Tourism.
The arts council shall continue, with all its functions, in the Department of Tourism. The secretary of the Department of Tourism shall perform the functions formerly exercised by the former secretary of the Department of Tourism and State Development, relating to the arts council.
Source:
SL 1973, ch 2, §257; SL 1985, ch 12, §5; SL 2003, ch 272 (Ex. Ord. 03-1), §81; SL 2011, ch 1 (Ex. Ord. 11-1), §92, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 22 - Arts › Section 1-22-3 - Officers of arts council.

1-22-3. Officers of arts council.
The arts council shall choose from its membership a chair, vice-chair, secretary, and treasurer.
Source:
SL 1966, ch 183, §3; SL 2009, ch 1, §112.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 22 - Arts › Section 1-22-4 - Meetings of arts council.

1-22-4. Meetings of arts council.
The arts council shall meet at the call of the chair and as often as necessary to perform its duties. A majority of the members constitutes a quorum and may act on any matter falling within the scope of the council's activities. The council shall keep complete minutes of its meetings.
Source:
SL 1966, ch 183, §4; SL 1982, ch 15, §2; SL 2009, ch 1, §113.