reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 43 - Department Of Health › Section 1-43-14 - Cancer detection or treatment reporting requirements.

1-43-14. Cancer detection or treatment reporting requirements.
Any hospital licensed pursuant to chapter 34-12, physician licensed pursuant to chapter 36-4, physician assistant licensed pursuant to chapter 36-4A, certified nurse practitioner or certified nurse midwife licensed pursuant to chapter 36-9A, pathology laboratory, or free-standing radiology center that detects, diagnoses, or treats a cancer case in South Dakota shall submit a report to the Department of Health as required by §§1-43-11 to 1-43-17, inclusive.
Source:
SL 1991, ch 18, §4; SL 2005, ch 22, §1; SL 2017, ch 171, §50.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 43 - Department Of Health › Section 1-43-16 - Data collection--Availability to public.

1-43-16. Data collection--Availability to public.
Any statistical summary of data collected under the provisions of §§1-43-11 to 1-43-17, inclusive, shall be available to the public, but may not be sold by the Department of Health or any agent under contract or agreement with the department pursuant to §1-43-12. Any data released shall be presented in such a statistical manner that no person, who represents a case contained in the cancer data collection system, may be identified.
Source:
SL 1991, ch 18, §6; SL 1992, ch 20, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 43 - Department Of Health › Section 1-43-17 - Good faith reporting--Immunity from liability.

1-43-17. Good faith reporting--Immunity from liability.
Good faith reporting or disclosure pursuant to §§1-43-11 to 1-43-16, inclusive, does not constitute a libel or slander or violation of the right of privacy or privileged communication. Any person who in good faith complies with the reporting requirements of §§1-43-11 to 1-43-16, inclusive, or any request that may be made by the Department of Health pursuant to §§1-43-11 to 1-43-16, inclusive, is immune from civil and criminal liability for such action taken in compliance with the provisions of §§1-43-11 to 1-43-16, inclusive.
Source:
SL 1991, ch 18, §7.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 43 - Department Of Health › Section 1-43-18 - Transmittal of nonresident cancer diagnoses to national cancer registries.

1-43-18. Transmittal of nonresident cancer diagnoses to national cancer registries.
The Department of Health, by agreement, may transmit transcripts or copies of reports of cancer diagnoses to state or national cancer registries if the reports relate to residents of other states or countries. The agreement shall require that the transcripts or records be used under the terms provided in §§1-43-11 to 1-43-17, inclusive.
Source:
SL 1992, ch 20, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 43 - Department Of Health › Section 1-43-19 - Comprehensive health data system established--Purpose.

1-43-19. Comprehensive health data system established--Purpose.
The Department of Health shall coordinate the establishment and maintain oversight of a comprehensive health data system for the purposes of:
(1)Health care planning, policy development, policy evaluation, and research by federal, state, and local governments;
(2)Monitoring payments for health services by the federal and state governments;
(3)Assessing and improving the quality of health care;
(4)Measuring and optimizing access to health care;
(5)Supporting public health functions and objectives;
(6)Improving the ability of health plans, health care providers, and consumers to coordinate, improve, and make choices about health care; and
(7)Monitoring costs at provider and plan levels.
Source:
SL 1993, ch 23, §1; SL 1994, ch 24, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 43 - Department Of Health › Section 1-43-20 - Public or private entities allowed to implement and maintain health care data system.

1-43-20. Public or private entities allowed to implement and maintain health care data system.
In establishing a health care data system pursuant to §1-43-19, the Department of Health may by contract or agreement authorize any person or any public or private entity or any combination of persons or entities to implement and maintain any portion of the health care data system.
Source:
SL 1993, ch 23, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 43 - Department Of Health › Section 1-43-21 - Promulgation of rules for establishment, maintenance and use of health care data system.

1-43-21. Promulgation of rules for establishment, maintenance and use of health care data system.
The Department of Health shall promulgate rules pursuant to chapter 1-26 to provide for the establishment, maintenance, and use of a health care data system pursuant to §§1-43-19 and 1-43-20. The rules shall include:
(1)A listing of specific data elements to be reported;
(2)Criteria for authorizing persons or entities to undertake health care data collection;
(3)Criteria and procedures for maintaining confidentiality; and
(4)Procedures and requirements governing the structure and objectives of the health care data system and the reporting, collections, analysis, quality assurance, and dissemination of data and information related to the health care data system.
Source:
SL 1993, ch 23, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 43 - Department Of Health › Section 1-43-24 - Annual health data system report available to public.

1-43-24. Annual health data system report available to public.
Annual reports of data collected pursuant to §§1-43-19 to 1-43-21, inclusive, shall be available to the public. Any data released shall be presented in a manner such that no person may be identified.
Source:
SL 1993, ch 23, §6; SL 2013, ch 154, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 43 - Department Of Health › Section 1-43-31 - Information excepted from health data system reporting requirements.

1-43-31. Information excepted from health data system reporting requirements.
Nothing established in §§1-43-19 and 1-43-33, or in any rules promulgated pursuant thereto requires any health facility as defined in chapter 34-12 to provide any information which would violate the provisions of §36-4-26.1.
Source:
SL 1994, ch 24, §5; SL 2013, ch 154, §8.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 43 - Department Of Health › Section 1-43-32 - Contingent implementation of comprehensive health data system.

1-43-32. Contingent implementation of comprehensive health data system.
Implementation of the comprehensive health data system shall be contingent upon the receipt of federal or other funds by the Department of Health or other relevant state agencies to the extent necessary to carry out the provisions of §§1-43-19 and 1-43-33.
Source:
SL 1994, ch 24, §6; SL 2013, ch 154, §9.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 43 - Department Of Health › Section 1-43-33 - Promulgation of rules for comprehensive health data system .

1-43-33. Promulgation of rules for comprehensive health data system.
The Department of Health shall promulgate rules, pursuant to chapter 1-26, to specify criteria, procedures, and forms for submitting health related data and to establish standards for information collection.
Source:
SL 1994, ch 24, §7.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 43 - Department Of Health › Section 1-43-34 - Criminal background investigation of new forensic chemistry and vital records employees--Temporary employment.

1-43-34. Criminal background investigation of new forensic chemistry and vital records employees--Temporary employment.
Each person hired by the Department of Health, within the forensic chemistry unit of the State Public Health Laboratory or the Office of Vital Records, shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The department shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the criminal background investigation. The department may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals a disqualifying record. Any person whose employment is subject to the requirements of this section shall pay any fees charged for the criminal record check.
Source:
SL 2012, ch 29, §3; SL 2019, ch 9, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-3 - Agencies constituting department.

1-44-3. Agencies constituting department.
The Department of Transportation shall consist of any agency that may be created by law, executive order, or administrative action and placed under the Department of Transportation.
Source:
SL 1973, ch 2, §224; SL 1996, ch 20, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-4 - Transportation Commission created--Appointment and qualifications of members.

1-44-4. Transportation Commission created--Appointment and qualifications of members.
There is created the Transportation Commission within the Department of Transportation. The Transportation Commission consists of nine members. The Governor shall appoint the members. All members are full voting members of the commission. Not all members of the commission may be from the same political party. No two members may at the same time be a resident of the same county.
Source:
SL 1973, ch 2, §233; SL 1973, ch 184, §1; SL 1979, ch 355, §§17, 18, 20; SL 1983, ch 391, §17; SL 1987, ch 391 (Ex. Ord. 87-2), §17; SL 2010, ch 145, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-5 - Geographic areas represented on Transportation Commission.

1-44-5. Geographic areas represented on Transportation Commission.
Members of the Transportation Commission shall be appointed to represent geographic population areas as follows:
(1)Two members from area 1, consisting of the counties of Beadle, Brookings, Brown, Clark, Codington, Day, Deuel, Edmunds, Faulk, Grant, Hamlin, Hand, Hyde, Kingsbury, Marshall, McPherson, Roberts, and Spink;
(2)Three members from area 2, consisting of the counties of Aurora, Bon Homme, Brule, Buffalo, Charles Mix, Clay, Davison, Douglas, Gregory, Hanson, Hutchinson, Jerauld, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, and Yankton;
(3)Two members from area 3, consisting of the counties of Bennett, Campbell, Corson, Dewey, Haakon, Hughes, Jackson, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, Tripp, Walworth, and Ziebach;
(4)Two members from area 4, consisting of the counties of Butte, Custer, Fall River, Harding, Lawrence, Meade, Oglala Lakota, Pennington, and Perkins .
A member shall at all times during each respective appointment be a resident of such area.
Source:
SL 1973, ch 184, §3; SL 1979, ch 355, §19; SL 1983, ch 391, §18; SL 1987, ch 391 (Ex. Ord. 87-2), §17; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-6 - Terms of office of commission members--Vacancies.

1-44-6. Terms of office of commission members--Vacancies.
Terms of members of the Transportation Commission are four years. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term.
Source:
SL 1973, ch 2, §233; SL 1973, ch 184, §2; SL 1979, ch 355, §20; SL 1980, ch 369; SL 1983, ch 391, §18; SL 2010, ch 145, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-7 - Officers of Transportation Commission--Functions--Meetings.

1-44-7. Officers of Transportation Commission--Functions--Meetings.
The Transportation Commission shall annually elect from its members such officers as it deems advisable. A majority of the commission members constitute a quorum. The commission shall exercise such functions as are provided by this chapter and such other functions as may be assigned to it by law. The commission shall hold meetings at the call of the chair or a majority of the members.
Source:
SL 1973, ch 2, §233; SL 2010, ch 145, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-7.3 - Promulgation of rules regarding public transportation assistance grants.

1-44-7.3. Promulgation of rules regarding public transportation assistance grants.
The Transportation Commission shall promulgate rules, pursuant to chapter 1-26, for administration, terms, and conditions for the disbursements of money to those eligible for public transportation assistance grant funds.
Source:
SL 1992, ch 21, §3; SL 2007, ch 28, §8; SL 2019, ch 10, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-7.4 - Rules for intercity bus service assistance.

1-44-7.4. Rules for intercity bus service assistance.
The Transportation Commission shall promulgate rules pursuant to chapter 1-26 for the administration, terms, and conditions for the disbursement of money to the providers of intercity bus service and to establish criteria for the selection of such providers to receive funds appropriated for intercity bus transportation, in conformance with applicable federal guidelines and regulations. In establishing the criteria for disbursement of money under this section, the Transportation Commission shall consider the economic losses of operators providing intercity bus service as documented by a complete description of service and a financial statement of all intercity operators applying for the assistance under this section. The Transportation Commission shall also consider each operator's total number of miles traveled in providing intercity bus service in South Dakota.
Source:
SL 1993, ch 345, §10C.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-7.5 - Promulgation of rules regarding county highway and bridge improvement plans.

1-44-7.5. Promulgation of rules regarding county highway and bridge improvement plans.
The Transportation Commission shall promulgate rules, pursuant to chapter 1-26, to establish the requirements for a county highway and bridge improvement plan that details proposed county highway and bridge improvement projects in a county for the next five years. The rules shall provide for the format of the plan and the time by which an update of the plan must be submitted each year.
Source:
SL 2015, ch 165, §3, eff. Apr. 1, 2015.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-8 - Transportation Commission authority over allocation of construction funds.

1-44-8. Transportation Commission authority over allocation of construction funds.
Notwithstanding other provisions of this title, the Transportation Commission has final authority within the Department of Transportation over the allocation of all funds for the construction of transportation facilities.
Source:
SL 1973, ch 2, §234; SL 2010, ch 145, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-11 - Performance of functions of Aeronautics Commission.

1-44-11. Performance of functions of Aeronautics Commission.
The Department of Transportation shall, under the direction and control of the secretary of transportation, perform all the functions of the Aeronautics Commission except:
(1)Advisory functions (as defined in §1-32-1) with respect to programs associated with the commission;
(2)Special budgetary functions (as defined in §1-32-1) provided for by §§50-4-12 to 50-4-17, inclusive, 50-2-12, 50-7-10, and 50-7-15 to 50-7-19, inclusive, and chapter 50-4;
(3)Quasi-legislative and quasi-judicial functions (as defined in §1-32-1) provided for by chapters 50-2, 50-5, 50-9, 50-10, 50-11, 50-12, and 50-13.
Source:
SL 1973, ch 2, §§227, 228; SL 1974, ch 3, §33; SL 1997, ch 16, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-16 - Contracts for tourism promotion programs.

1-44-16. Contracts for tourism promotion programs.
The Department of Transportation shall contract annually with the Tourism Department and with this department only for the conduct of any and all tourism promotion programs to be undertaken by the Department of Transportation.
Source:
SL 1973, ch 2, §207; SL 1984, ch 207, §11.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-18 - Duties of department as to railroads.

1-44-18. Duties of department as to railroads.
The Department of Transportation shall conduct research on basic railroad problems, plan and assist in the development of rail transportation, develop and maintain a federal-state relationship of programs relating to railroads, assist any public or private agency or corporation in coordinating railroad services with those of other transportation modes, recommend, prepare, and review plans and specifications for any project undertaken by the South Dakota Railroad Authority, and arrange for and coordinate rail service over any properties and facilities acquired, leased, or controlled by the State of South Dakota Railroad Authority.
Source:
SL 1975, ch 26, §2; SL 1980, ch 325, §2; SL 1996, ch 20, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-20 - Powers of department as to railroads.

1-44-20. Powers of department as to railroads.
The Department of Transportation, with the approval of the South Dakota State Railroad Board and the written consent of the Governor, may enter into agreements, contracts, leases (as lessor or lessee), or other arrangements with any corporation, partnership, individual, agency, or authority, on such terms and conditions as the department shall determine, including providing for the acquisition, operation, maintenance, and improvement of public rail lines, and the acquisition and disposition of any and all rights-of-way, land, facilities, fixtures and appurtenant structures, services and equipment, determined by the department to be necessary or appropriate.
Source:
SL 1980, ch 325, §3; SL 1996, ch 20, §6.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-21 - Legislative approval prerequisite to purchase or contract to purchase railroad rolling stock.

1-44-21. Legislative approval prerequisite to purchase or contract to purchase railroad rolling stock.
Notwithstanding the provisions of this chapter, the railroad authority or the Department of Transportation may not purchase or contract to purchase any railroad rolling stock without the prior specific approval of the Legislature.
Source:
SL 1980, ch 325, §3A; SL 1981, ch 331, §2; SL 1996, ch 20, §7.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-22 - Department may accept and spend funds.

1-44-22. Department may accept and spend funds.
The Department of Transportation may accept and spend all funds, revenues, and proceeds from any source received in connection with the exercise of its powers.
Source:
SL 1980, ch 325, §4; SL 1996, ch 20, §8.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-24 - Liberal construction of department's authority.

1-44-24. Liberal construction of department's authority.
The authority of the Department of Transportation to arrange for and coordinate rail service shall be broadly and liberally construed.
Source:
SL 1980, ch 325, §6; SL 1996, ch 20, §9.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-25 - South Dakota State Railroad Board--Appointment--Terms--Vacancy--Officers--Removal.

1-44-25. South Dakota State Railroad Board--Appointment--Terms--Vacancy--Officers--Removal.
The South Dakota State Railroad Board consists of seven members to be appointed by the Governor. Members shall serve a three-year term. No more than five members may be of the same political party. No person may be appointed to the board who is an elected official of the State of South Dakota or any subdivision thereof. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve only for the unexpired term, but may be reappointed to a full term. The board shall annually choose from its membership a chair, a vice chair, and a secretary-treasurer. No member may be removed from office except for cause.
The terms of members begin on October thirty-first of the calendar year. The appointee's term expires on October thirtieth in the third year of appointment.
Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.
Source:
SL 1980, ch 325, §7; SL 2010, ch 145, §9; SL 2012, ch 16, §25; SL 2013, ch 176, §18; SL 2014, ch 218, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-26 - Railroad Board--Qualifications of members.

1-44-26. Railroad Board--Qualifications of members.
At least one member, in the opinion of the Governor, shall be a person experienced in or having a favorable reputation for skill, knowledge, and experience in business management. At least one member, in the opinion of the Governor, shall be a person experienced in or having a favorable reputation for skill, knowledge, and experience in the operation of railroad service. At least one member, in the opinion of the Governor, shall be a person experienced in or having a favorable reputation for skill, knowledge, and experience in private or public finance. At least one member, in the opinion of the Governor, shall be a person experienced in or having a favorable reputation for skill, knowledge, and experience in marketing. At least one member of the commission shall be, in the opinion of the Governor, a person who is a user of rail service. Two members shall be from the public at large.
Source:
SL 1980, ch 325, §8.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-27 - Approval by Railroad Board of department activities.

1-44-27. Approval by Railroad Board of department activities.
The Department of Transportation shall obtain the approval of the Railroad Board in the matters of operation, management, finance, marketing, and development of rail service over all properties and facilities acquired, leased, or controlled by the state.
Source:
SL 1980, ch 325, §9; SL 1996, ch 20, §10.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-28 - Management of state railroad property--Notice of sale--Option to lessee or abutting owner--Right of use by utility.

1-44-28. Management of state railroad property--Notice of sale--Option to lessee or abutting owner--Right of use by utility.
The Department of Transportation shall manage all real and personal property acquired by the state for railroad purposes and shall secure all income available from those properties. The secretary of transportation may negotiate, enter into, execute, and issue leases, licenses, easements, or other agreements as may be necessary to provide for the use of any property or facility not used directly in rail operations. Prior to any sale, except a sale for railroad purposes, of state-owned railroad property, the state shall provide the lessee of any railroad property affected by the sale and, if there is no lessee, the owner of any property abutting railroad property with written notice of the proposed sale. The state shall give the lessee or abutting owner sixty days from the notice to purchase the property at not less than its appraised value. No vacation, change, relocation, or sale of state-owned railway property as provided in this chapter diminishes any existing right of use enjoyed by any public utility, municipally-owned utility, or cooperative utility which provides electricity, gas, water, or telephone service.
Source:
SL 1981, ch 12, §1; SL 1986, ch 23; SL 1996, ch 20, §11.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-29 - Records of railroad property management.

1-44-29. Records of railroad property management.
The Department of Transportation shall maintain those property management records generally maintained by railroads for state-owned railroad property and facilities.
Source:
SL 1981, ch 12, §2; SL 1996, ch 20, §12.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-30 - Rules for management of property.

1-44-30. Rules for management of property.
Pursuant to chapter 1-26, the railroad board shall adopt and publish rules to implement §1-44-29. The railroad board may, by board resolution, implement the provisions of §1-44-28 and need not implement such provisions pursuant to §§1-26-4 to 1-26-14, inclusive.
Source:
SL 1981, ch 12, §3; SL 1982, ch 20, §1; SL 1987, ch 210, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-31 - Railroads administration fund--Creation--Services--Expenditure.

1-44-31. Railroads administration fund--Creation--Services--Expenditure.
There is hereby created a special fund in the state treasury known as the railroads administration fund. All rentals, fees, charges, and income received through the management of railroad property, both real and personal, shall be paid into the railroads administration fund. To the extent possible, expenditures for administration and maintenance of railroad property, including, but not limited to, funds sufficient to staff, administer, equip, and maintain the records of state-owned railroad property and facilities and to provide for weed control, fences, security, railroad crossing, and safety warning signs on state railroad property, not otherwise provided for, shall be paid from funds on deposit in the railroads administration fund.
Source:
SL 1981, ch 12, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-32 - Funds subject to state budget provisions.

1-44-32. Funds subject to state budget provisions.
Expenditures from the railroads administration fund shall be made in accordance with chapter 4-7.
Source:
SL 1981, ch 12, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 44 - Department Of Transportation › Section 1-44-36 - Use of recovered material by Department of Transportation.

1-44-36. Use of recovered material by Department of Transportation.
The Department of Transportation shall use or encourage the use of the maximum possible amount of recovered material, such as foundry sand, glass, pavement, and rubber recovered from waste tires as surfacing material, structural material, landscaping material, and fill for all highway improvements, consistent with safe engineering practices. The Department of Transportation shall specify the proportion of recovered material that may be used in various types of highway improvements.
Source:
SL 1992, ch 254, §50D.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 45 - Department Of Education › Section 1-45-1 - Department continued.

1-45-1. Department continued.
The Department of Education is hereby continued.
Source:
SL 1973, ch 2, §235; SL 2003, ch 272 (Ex. Ord. 03-1), §63.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 45 - Department Of Education › Section 1-45-1.1 - Department renamed.

1-45-1.1.Department renamed.
The Department formerly known as the Department of Education and Cultural Affairs is hereby renamed the Department of Education. The position formerly known as secretary of education and cultural affairs shall be referred to as the secretary of education and shall be appointed and serve pursuant to the provisions of the S. D. Const., Art. IV, §9. The secretary of the Department of Education shall perform the functions of the former secretary of the Department of Education and Cultural Affairs.
Source:
SL 2003, ch 272 (Ex. Ord. 03-1), §63.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 45 - Department Of Education › Section 1-45-2 - Secretary as head of department.

1-45-2. Secretary as head of department.
The head of the Department of Education is the secretary of education.
Source:
SL 1973, ch 2, §236; SL 2003, ch 272 (Ex. Ord. 03-1) §63.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 45 - Department Of Education › Section 1-45-3 - Qualifications of secretary.

1-45-3. Qualifications of secretary.
The secretary of the Department of Education shall be qualified by training and experience to administer the programs of the Department of Education and shall have such other qualifications as may be specified by statute.
Source:
SL 1973, ch 2, §238; SL 2003, ch 272 (Ex. Ord. 03-1) §63.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 45 - Department Of Education › Section 1-45-4 - Divisions and agencies constituting department--Independent functions--Budgetary powers of secretary--Planning powers of commission.

1-45-4. Divisions and agencies constituting department--Independent functions--Budgetary powers of secretary--Planning powers of commission.
The Department of Education consists of the divisions of workforce and career preparation, education services and resources, library services, and such other divisions and agencies as may be created by law, executive order, or administrative action and placed within the department. Each division shall perform its prescribed functions, subject to the following provisions:
(1)The secretary shall review and make recommendations concerning the annual budget request of each division; and
(2)The secretary may approve comprehensive education plans for the department;
(3)The secretary shall perform any functions assigned to the secretary under federal law; and
(4)The secretary shall perform the functions transferred from other agencies as specified in this chapter; and
(5)The secretary shall perform other personnel, organization, staffing, directing, coordinating, and reporting functions as assigned by law or executive directives of the Office of the Governor.
Source:
SL 1973, ch 2, §239; SL 1991, ch 21, §1; SL 1996, ch 8, §10; SL 2003, ch 272 (Ex. Ord. 03-1), §101.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 45 - Department Of Education › Section 1-45-4.4 - Services to visually impaired and deaf or hard of hearing children.

1-45-4.4. Services to visually impaired and deaf or hard of hearing children.
The Department of Education shall develop and implement a plan to identify and evaluate deaf or hard of hearing and visually impaired children and coordinate delivery of direct educational programs and services to meet the needs of all visually impaired and deaf or hard of hearing children in South Dakota.
Source:
SL 1991, ch 22; SL 1996, ch 8, §13; SL 2003, ch 272 (Ex. Ord. 03-1) §63; SL 2010, ch 77, §1; SL 2019, ch 8, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 45 - Department Of Education › Section 1-45-6.1 - Board of Education Standards created--Appointment of members--Terms.

1-45-6.1. Board of Education Standards created--Appointment of members--Terms.
There is created within the Department of Education the South Dakota Board of Education Standards. The South Dakota Board of Education Standards shall consist of seven members. The members shall be appointed by the Governor with the advice and consent of the Senate. The terms of office for each member shall be four years and shall terminate December thirty-first of the fourth year. No member appointed after July 1, 2018, and without any previous service on the board, may serve more than three consecutive terms. However, after serving three consecutive terms, a member may be reappointed after at least two years have passed since the expiration of the member's last term. Any partial term to fill a vacancy on the board may not count against the three-term limit.
Source:
SL 1985, ch 401, §17; SL 2003, ch 272 (Ex. Ord. 03-1) §63; SL 2017, ch 81, §56; SL 2018, ch 18, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 45 - Department Of Education › Section 1-45-6.2 - Vacancies on board--Meetings of board.

1-45-6.2. Vacancies on board--Meetings of board.
The initial term of office shall be designated by the Governor. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve only the unexpired portion of the term. The South Dakota Board of Education Standards shall meet at least four times annually. Special meetings may be held at the call of the president or, in the president's absence, a majority of the board or at the call of the secretary of the Department of Education.
Source:
SL 1985, ch 401, §19; SL 1991, ch 20 (Ex. Ord. 91-6), §§17, 18; SL 2003, ch 272 (Ex. Ord. 03-1) §63; SL 2017, ch 81, §57; SL 2021, ch 73, § 1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 45 - Department Of Education › Section 1-45-13 - Functions performed by board.

1-45-13. Functions performed by board.
The South Dakota Board of Education Standards shall perform those functions assigned in chapter 13-39 and all other functions as may be assigned by law.
Source:
SL 1973, ch 2, §248; SL 1975, ch 130, §5; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 45 - Department Of Education › Section 1-45-23 - Performance of museum functions.

1-45-23. Performance of museum functions.
The South Dakota State Historical Society shall perform all the functions of the following museums:
(1)The museum at the University of South Dakota known as the W. H. Over State Museum; and
(2)The museum at Pierre known as the South Dakota State History Museum.
Source: SL 1973, ch 2, §255; SL 1975, ch 144, §2; SL 1985, ch 8, §4; SL 1985, ch 400, §19; SL 1990, ch 446 (Ex. Ord. 90-1); SL 1995, ch 319 (Ex. Ord. 95-3), §17; SL 2015, ch 8, §5; SL 2015, ch 277 (Ex. Ord.
15-1
), §19, eff. Apr. 20, 2015; SL 2021, ch 7, § 40.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 45 - Department Of Education › Section 1-45-26 - Composition of State Library Office.

1-45-26. Composition of State Library Office.
The State Library Office of the Division of Library Services includes the State Library Board created by §14-1-55.
Source:
SL 1973, ch 2, §260; SL 1981, ch 163, §1; SL 1996, ch 8, §20; SL 2003, ch 272 (Ex. Ord. 03-1), §104.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 45 - Department Of Education › Section 1-45-30 - Comprehensive plans defined.

1-45-30. Comprehensive plans defined.
Comprehensive education and cultural affairs plans shall be defined to mean any plan that involves programs under the jurisdiction of more than one of the divisions of the Department of Education or involving both public and private education or cultural programs.
Source:
SL 1973, ch 2, §264; SL 2003, ch 272 (Ex. Ord. 03-1) §63.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 45 - Department Of Education › Section 1-45-38 - School Finance Accountability Board.

1-45-38. School Finance Accountability Board.
There is hereby created the School Finance Accountability Board within the Department of Education. The board shall consist of five members appointed by the Governor. The members shall serve a term of four years.
The board may recommend that the provisions of §13-13-73.5 be waived for a school district if the district can demonstrate that its lowest monthly general cash fund cash balance percentage is the result of special circumstances.
The board may recommend that a penalty against a school district imposed under §13-13-73.6 be waived, in whole or in part, if the district can demonstrate that its failure to comply with §13-13-73.6 is due to special circumstances.
The School Finance Accountability Board shall promulgate rules pursuant to chapter 1-26 to establish the appeals process provided for in §13-13-73.6, and to establish the factors that may be considered in considering a waiver requested by a school district, which shall include the impact of retirements.
The Joint Committee on Appropriations or the Interim Committee on Appropriations shall review any waivers of §13-13-73.5 or 13-13-73.6 recommended by the School Finance Accountability Board. For a waiver recommended by the board under this section, the committee may provide any suggested change to the waiver. Not more than thirty days following receipt of a suggested change from the committee, the board may amend the recommended waiver in accordance with the suggested change and shall resubmit the recommended waiver. The Joint Committee on Appropriations or the Interim Committee on Appropriations shall approve, amend, or deny any waiver recommended by the board. The Department of Education shall annually report to the Governor and the Legislature the information collected pursuant to §§13-8-47 and 13-13-73.6.
Source:
SL 2016, ch 83, §23; SL 2018, ch 19, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 45 - Department Of Education › Section 1-45-39 - Teacher Compensation Review Board.

1-45-39. Teacher Compensation Review Board.
There is hereby created the Teacher Compensation Review Board within the Department of Education. The board shall review teacher compensation, including comparable wage indexes, in surrounding states at the completion of every two school years. The board shall report its findings to the Governor and the Legislature biennially by September thirtieth.
The members shall serve a term of two years.
The board shall consist of nine members to be appointed as follows:
(1)Three members of the South Dakota Senate appointed by the president pro tempore of the Senate, no more than two of whom may be from the same political party;
(2)Three members of the South Dakota House of Representatives appointed by the speaker of the House of Representatives, no more than two of whom may be from the same political party; and
(3)Three members appointed by the Governor.
Source: SL 2016, ch 83, §22; SL 2022, ch 5, § 1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 46 - Department Of The Military › Section 1-46-1 - Department created--Adjutant general as head.

1-46-1. Department created--Adjutant general as head.
There is hereby created a Department of the Military. The head of the Department of the Military is the adjutant general who shall be appointed and serve pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, §9.
Source:
SL 1973, ch 2, §268; SL 2011, ch 1 (Ex. Ord. 11-1), §18, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 46 - Department Of The Military › Section 1-46-3 - Adjutant general functions.

1-46-3. Adjutant general functions.
The Office of the Adjutant General created by this chapter and its functions in the former Department of Military and Veterans Affairs are transferred to the Department of the Military created by Executive Reorganization Order 2011-01. The adjutant general shall perform the functions of the former secretary of Department of Military and Veterans Affairs, relating to the Office of Adjutant General.
Source:
SL 1973, ch 2, §270; SL 2011, ch 1 (Ex. Ord. 11-1), §25, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 46 - Department Of The Military › Section 1-46-5 - Performance of functions of former Department of Military and Veterans Affairs.

1-46-5. Performance of functions of former Department of Military and Veterans Affairs.
The Department of the Military shall, under the direction and control of the adjutant general, perform all the functions of the former Department of Military and Veterans Affairs under chapter 33-1.
Source:
SL 1973, ch 2, §276; SL 2011, ch 1 (Ex. Ord. 11-1), §18, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 46 - Department Of The Military › Section 1-46-6.1 - National Guard.

1-46-6.1. National Guard.
The National Guard and its functions in the former Department of Military and Veterans Affairs are transferred to the Department of the Military created by Executive Reorganization Order 2011-1. The adjutant general shall perform the functions of the former secretary of the Department of Military and Veterans Affairs, relating to the National Guard.
Source:
SL 2011, ch 1 (Ex. Ord. 11-1), §27, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 46 - Department Of The Military › Section 1-46-11 - Annual report and recommendations on civil air patrol.

1-46-11. Annual report and recommendations on civil air patrol.
The adjutant general shall submit at least annually to the Governor and Legislature a review, analysis, and set of recommendations concerning the operations and structure of the civil air patrol created by chapter 50-3.
Source:
SL 1973, ch 2, §275.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 46A - Department Of Veterans Affairs › Section 1-46A-1 - Department created--Secretary as head.

1-46A-1. Department created--Secretary as head.
There is hereby created a Department of Veterans Affairs. The head of the Department of Veterans Affairs is the secretary of veterans affairs who shall be appointed and serve pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, §9.
Source:
SL 2011, ch 1 (Ex. Ord. 11-1), §19, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 46A - Department Of Veterans Affairs › Section 1-46A-5 - Consultation--South Dakota Veterans Council.

1-46A-5. Consultation--South Dakota Veterans Council.
The Department of Veterans Affairs may consult with the South Dakota Veterans Council on matters relating to veterans and their dependents.
The South Dakota Veterans Council consists of six congressionally chartered Veterans Organizations including the Paralyzed Veterans of America, the Disabled American Veterans, the Military Order of the Purple Heart, the American Legion, the Vietnam Veterans of America chapters 1054 and 959, and the Veterans of Foreign Wars.
Source:
SL 2020, ch 140, § 1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 47 - Department Of Revenue › Section 1-47-1.1 - Department created.

1-47-1.1. Department created.
There is hereby created a Department of Revenue.
Source:
SL 2011, ch 1 (Ex. Ord. 11-1), §35, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 47 - Department Of Revenue › Section 1-47-2 - Secretary as head of department.

1-47-2. Secretary as head of department.
The head of the Department of Revenue is the secretary of revenue who shall be appointed by the Governor, by and with the consent of the senate, and serve at the pleasure of the Governor.
Source:
SL 1973, ch 2, §278; SL 2003, ch 272 (Ex. Ord. 03-1) §82; SL 2011, ch 1 (Ex. Ord. 11-1), §110, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 47 - Department Of Revenue › Section 1-47-3 - Performance of departmental functions.

1-47-3. Performance of departmental functions.
The Department of Revenue shall, under the direction and control of the secretary of revenue, perform all the functions of the Department of Revenue created by chapter 10-1.
Source:
SL 1973, ch 2, §§54, 280; SL 2003, ch 272 (Ex. Ord. 03-1) §82; SL 2011, ch 1 (Ex. Ord. 11-1), §111, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 47 - Department Of Revenue › Section 1-47-7 - Banking Commission continued.

1-47-7. Banking Commission continued.
The South Dakota State Banking Commission shall continue in the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Revenue and Regulation, relating to the South Dakota State Banking Commission.
Source:
SL 2003, ch 272 (Ex. Ord. 03-1), §25, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1), §114, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 49 - State Public Health Laboratory › Section 1-49-2 - State Public Health Laboratory in Department of Health--Services.

1-49-2. State Public Health Laboratory in Department of Health--Services.
The State Public Health Laboratory shall be located in the Department of Health and shall meet all required federal certifications and regulations. The laboratory may provide environmental, medical, and forensic toxicology and drug testing for the purpose of protecting and promoting public health and safety.
Source:
SL 1985, ch 283, §2; SL 1997, ch 17, §1; SL 2019, ch 11, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 49 - State Public Health Laboratory › Section 1-49-3 - Duties of state laboratory.

1-49-3. Duties of state laboratory.
The State Public Health Laboratory shall:
(1)Set appropriate performance standards and qualifications of the laboratory employees;
(2)Administer state and federal laws which pertain to public laboratory licensure, certification, or both; and
(3)Promulgate rules, pursuant to chapter 1-26, to establish the method to determine the fee for each test or service. The fee may not exceed the cost incurred for performing the test or service, including laboratory operation, equipment, and maintenance.
Source:
SL 1985, ch 283, §3; SL 1995, ch 12; SL 2019, ch 11, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 49 - State Public Health Laboratory › Section 1-49-4 - State laboratory fund.

1-49-4. State laboratory fund.
Any money received pursuant to this chapter shall be deposited in a special revenue fund in the state treasury which is established and designated as the state laboratory fund. All receipts therein shall be available to the State Public Health Laboratory and may be expended pursuant to chapters 4-7, 4-8, and 4-8A.
Source:
SL 1985, ch 283, §4; SL 2019, ch 11, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 49 - State Public Health Laboratory › Section 1-49-5 - Prompt certification of examination and test results.

1-49-5. Prompt certification of examination and test results.
All examinations, tests, and analysis requested of the State Public Health Laboratory shall be provided promptly and the results immediately certified to the submitter.
Source:
SL 1985, ch 283, §5; SL 2019, ch 11, §5.