reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-33.2 - Billing for care of medically indigent patients.

28-13-33.2. Billing for care of medically indigent patients.
If submitting a bill to a county for medically necessary hospital services provided on behalf of a person who is medically indigent, the hospital must first demonstrate that it has exhausted all avenues of payment including accepting reasonable monthly payments from the person who does not have the ability to pay the hospital in one lump sum at the time of discharge.
Source:
SL 1997, ch 170, §30.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-34.1 - Notice to county where hospitalization is furnished to indigent person--Time for notice of emergency and nonemergency admissions--Contents of notice.

28-13-34.1. Notice to county where hospitalization is furnished to indigent person--Time for notice of emergency and nonemergency admissions--Contents of notice.
If hospitalization is furnished to a medically indigent person, the county is not liable for the cost of the hospitalization unless, within fifteen days in the case of an emergency admission, notice of the hospitalization is mailed to the auditor of the county. The notice shall contain:
(1)The name and last known address of the patient or the patient's guardian;
(2)The name and address of the responsible party, if known;
(3)The name of the attending physician;
(4)The nature and degree of severity of the illness;
(5)The anticipated diagnostic or therapeutic services required;
(6)The location at which the services are to be provided;
(7)The estimated reimbursement for the services; and
(8)A statement that the hospital has asked the patient or the responsible party, if known, whether the patient has served in any branch of the military, is potentially eligible for Indian Health Service benefits, or is a member of a Native American tribe and a statement of the information received in response to the inquiry.
Source:
SL 1988, ch 226, §1; SL 1989, ch 245; SL 1997, ch 170, §17.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-34.2 - Release of information.

28-13-34.2. Release of information.
If submitting a notice under the provisions of §28-13-34.1, the hospital shall make every reasonable effort to secure from the patient, and to include with the notice, a release of information form which has been signed by the patient or the patient's authorized representative. The form shall authorize persons, agencies, or institutions to release, to the county, the patient's social security number, the social security number of other household members, medical information concerning the patient, and financial information concerning the patient or members of the patient's household.
Source:
SL 1997, ch 170, §26.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-35 - Substitute arrangements for hospitalized indigent patient--County not liable to hospital after failure to cooperate.

28-13-35. Substitute arrangements for hospitalized indigent patient--County not liable to hospital after failure to cooperate.
In any case of hospitalization of a medically indigent person, the county, through any elected officer or through an employee, may arrange for adequate and suitable care of the person elsewhere. If the county notifies the hospital in writing of its arrangement for the removal of the medically indigent person and the hospital unreasonably fails or refuses to cooperate in effecting the change, the county is not liable for any hospitalization subsequent to the hospital's failure or refusal to cooperate.
Source:
SL 1953, ch 131, §4; SDC Supp 1960, §27.12B04; SL 1997, ch 170, §18.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-36 - Contractual arrangements between county and hospital not impaired.

28-13-36. Contractual arrangements between county and hospital not impaired.
Nothing in this chapter precludes a hospital and a county from entering into a reasonable and suitable arrangement, contract, or agreement for hospitalization of medically indigent persons at other rates than provided under this chapter, or abrogates or impairs any rights or remedies of either the county or the hospital under any such arrangement, contract, or agreement.
Source:
SL 1953, ch 131, §5; SDC Supp 1960, §27.12B05; SL 1997, ch 170, §19.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-37 - County duty to relieve nonresidents in distress.

28-13-37. County duty to relieve nonresidents in distress.
It shall be the duty of the county commissioners, on complaint made to them that any person not an inhabitant of their county is lying sick therein or in distress, without friends or money, so that he is likely to suffer, to examine into the case of such person and grant such temporary relief as the nature of the case may require.
Source:
SDC 1939, §50.0105.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-37.1 - Medical review by county or Department of Social Services.

28-13-37.1. Medical review by county or Department of Social Services.
A county may review the need for emergency room treatment, an admission, a transfer, a continued stay, or inpatient surgical services. At its option, a county may request the Department of Social Services to provide the needed reviews on the county's behalf. In either case, the review shall be conducted by or under the supervision of a physician licensed under chapter 36-4, and shall be consistent with generally accepted medical practice guidelines.
Source:
SL 1997, ch 170, §27.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-38 - Temporary relief to nonresident--Reimbursement by home county.

28-13-38. Temporary relief to nonresident--Reimbursement by home county.
Whenever any person entitled to temporary relief as a poor person shall be in any county in which he has not established residency, the commissioners thereof may, if the same is deemed advisable, grant such relief by providing the same relief as is customary in cases where persons have established residency in the state and county. The county furnishing relief shall be entitled to reimbursements from the county in which said poor person has established residency.
Source:
SDC 1939, §50.0104; SL 1941, ch 211, §4; SL 1976, ch 173, §20.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-38.1 - When hospitals outside state are eligible for reimbursement by county.

28-13-38.1. When hospitals outside state are eligible for reimbursement by county.
Hospitals located outside South Dakota are eligible for reimbursement from the county where the medically indigent person has established residency only if the hospital provides services which are not available in South Dakota or the hospital is approved by the county of residence of the medically indigent person as providing a reasonable or cost-effective service.
Source:
SL 1988, ch 225, §2; SL 1997, ch 170, §20.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-40 - Appeal to circuit court from county commissioners--Direction for assistance.

28-13-40. Appeal to circuit court from county commissioners--Direction for assistance.
If any person shall suppose that he is entitled to the benefit of the laws for the relief of the poor, and the commissioners of the county in which he applies for assistance shall refuse to give such person the benefit thereof, upon application of such person a judge of the circuit court having jurisdiction over such county may, if he shall think proper, direct such commissioners to provide assistance pursuant to this chapter to such person.
Source:
SDC 1939, §50.0208; SL 1976, ch 173, §21.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-42 - Names of recipients not released for publication.

28-13-42. Names of recipients not released for publication.
The county auditor or any other county official shall not release the name of any poor relief recipient for official publication.
Source:
SL 1975, ch 79, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-43 - Assignment or transfer of property to qualify for assistance as misdemeanor.

28-13-43. Assignment or transfer of property to qualify for assistance as misdemeanor.
At any time before or after making an application for poor relief, an applicant may not assign or transfer any property for the purpose of becoming eligible for assistance under this chapter. Violation of this section is a Class 1 misdemeanor.
Source:
SL 1980, ch 202, §7.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-44 - Bankruptcy not admissible in making determination of indigency.

28-13-44. Bankruptcy not admissible in making determination of indigency.
The fact that an individual has filed a petition in bankruptcy or has received a discharge in bankruptcy under Title 11 of the United States Code is not admissible evidence in a proceeding under this chapter and may not be considered in making a determination of indigency.
Source:
SL 1995, ch 166; SL 1997, ch 170, §21.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13A - Catastrophic County Poor Relief Fund › Section 28-13A-1 - Establishment--Administration--Expenditures.

28-13A-1. Establishment--Administration--Expenditures.
There is established a catastrophic county poor relief fund administered by the South Dakota Association of County Commissioners and the board of catastrophic county poor relief. Expenditures from the fund, including the cost to administer the program, shall be approved by the board.
Source:
SL 1984, ch 204, §1; SL 2009, ch 142, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13A - Catastrophic County Poor Relief Fund › Section 28-13A-2 - Board established--Appointment and term of members--Expenses.

28-13A-2. Board established--Appointment and term of members--Expenses.
There is established a catastrophic county poor relief board to consist of five county commissioners from participating counties appointed by the executive board of the association of county commissioners established pursuant to §7-7-28. Board members shall serve staggered terms of four years or until their term as county commissioner has expired. Per diem costs for the board shall be established by the executive board of the association and shall be paid from funds collected by the association.
Source:
SL 1984, ch 204, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13A - Catastrophic County Poor Relief Fund › Section 28-13A-4 - Rules for participation by additional counties, withdrawal and administration.

28-13A-4. Rules for participation by additional counties, withdrawal and administration.
If fifty or more counties elect to participate in the catastrophic county poor relief fund prior to November 1, 1984, the board established in §28-13A-2 shall establish administrative rules pursuant to chapter 1-26 regarding the procedure and requirements for allowing additional counties to participate in the fund, the procedure and requirements for allowing participating counties to withdraw from the fund and other policies to facilitate the administration, distributions, and assessments associated with the fund.
Source:
SL 1984, ch 204, §4.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13A - Catastrophic County Poor Relief Fund › Section 28-13A-5 - Discontinuance--Disposition of fund.

28-13A-5. Discontinuance--Disposition of fund.
If at the end of any calendar year less than thirty-five counties elect to remain in the fund, a final assessment shall be made to reestablish the reserve, the fund shall be discontinued and the reserve shall revert to the state general fund.
Source:
SL 1984, ch 204, §5.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13A - Catastrophic County Poor Relief Fund › Section 28-13A-6 - Reimbursement from fund--Eligibility--Application.

28-13A-6. Reimbursement from fund--Eligibility--Application.
Any participating county which has incurred hospital and other medical claims in excess of twenty thousand dollars for any individual eligible for county poor relief in a twelve-month period may apply to the board for funds from the catastrophic county poor relief fund. The application shall include such information as the board of catastrophic county poor relief may prescribe.
Source:
SL 1984, ch 204, §7; SL 1985, ch 228, §1; SL 2009, ch 142, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13A - Catastrophic County Poor Relief Fund › Section 28-13A-7 - Amount of reimbursement.

28-13A-7. Amount of reimbursement.
The catastrophic county poor relief board shall determine if the application is in order and the claim is justified and may approve disbursements to the county for ninety percent of any hospital and other medical claim payments the county has made for the individual in excess of twenty thousand dollars in the twelve-month period and may continue to reimburse the county for ninety percent of hospital and other medical claim payments for the individual for the remainder of that period.
Source:
SL 1984, ch 204, §8; SL 1985, ch 228, §2; SL 2009, ch 142, §3.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13A - Catastrophic County Poor Relief Fund › Section 28-13A-8 - Annual report of disbursements--Assessment and payment of shares by counties.

28-13A-8. Annual report of disbursements--Assessment and payment of shares by counties.
Prior to January thirty-first, the board shall calculate the actual disbursements from the catastrophic poor relief fund in the previous calendar year and shall compute each participating county's share utilizing the formula established in this chapter. The board shall certify each participating county's share of the total assessment to the county auditor before January thirty-first. Each participating county shall remit its share of the catastrophic county poor relief assessment to the South Dakota Association of County Commissioners on or before March fifteenth of each year.
Source:
SL 1984, ch 204, §9; SL 1985, ch 33, §58; SL 2009, ch 142, §4.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13A - Catastrophic County Poor Relief Fund › Section 28-13A-9 - Computation of counties' shares.

28-13A-9. Computation of counties' shares.
Each participating county's share of the catastrophic county poor relief fund shall be computed utilizing the following factors:
(1)The percent of the total population, minus individuals eligible for medicaid, of the participating counties in the state which reside in the county; and
(2)The percent of the taxable value of the participating counties in the state associated with the county as determined by the Department of Revenue.
Each participating county's share of the catastrophic county poor relief assessment shall be calculated by multiplying the average of the two factors by the total assessment.
Source:
SL 1984, ch 204, §10; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13A - Catastrophic County Poor Relief Fund › Section 28-13A-10 - Supplemental assessments to avoid depletion.

28-13A-10. Supplemental assessments to avoid depletion.
If it appears to the board that the catastrophic county poor relief fund reserve is in danger of being completely depleted, the board may determine a supplemental assessment is required and if so shall certify to each participating county its share as calculated by the factors included in §28-13A-9.
Source:
SL 1984, ch 204, §11; SL 2009, ch 142, §5.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13A - Catastrophic County Poor Relief Fund › Section 28-13A-11 - Acceptance of funds from other sources.

28-13A-11. Acceptance of funds from other sources.
The board may accept any gifts, contributions, or funds obtained from any other source for the purpose of carrying out the provisions of this chapter. The administration and expenditure of these funds shall be in accordance with this chapter.
Source:
SL 1985, ch 229; SL 2009, ch 142, §6.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13A - Catastrophic County Poor Relief Fund › Section 28-13A-12 - Children born during multiple birth considered as single individual--Multiple birth defined.

28-13A-12. Children born during multiple birth considered as single individual--Multiple birth defined.
Children born during a multiple birth who incur medical expenses as a result of that birth shall be considered as a single individual in applying the provisions of §§28-13A-6 and 28-13A-7. A multiple birth is one in which a child is born with one or more other children during one birth incident.
Source:
SL 1987, ch 205.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13A - Catastrophic County Poor Relief Fund › Section 28-13A-13 - Conditions for disbursement for organ transplants.

28-13A-13. Conditions for disbursement for organ transplants.
The catastrophic county poor relief board may not approve a disbursement for care related to an organ transplant unless the county making application establishes the following:
(1)That the same care is available to nonindigent residents of the county. This may be established by the receipt of letters from six insurance companies doing business in the state verifying that insurance coverage is available for such care;
(2)That the care will not jeopardize the funding of health care services already available within the county;
(3)That the care is reasonable and necessary;
(4)That the care provider has determined that the individual in need of the organ transplant is medically, psychologically, and socially qualified to receive the transplant according to criteria established by the care provider; and
(5)That there is a reasonable expectation that there will be a significant improvement in the individual's duration or quality of life as a result of the transplant.
Source:
SL 1988, ch 227.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13A - Catastrophic County Poor Relief Fund › Section 28-13A-14 - Disposition of contested claims.

28-13A-14. Disposition of contested claims.
The catastrophic county poor relief board shall issue the final decision on any claim contested under this chapter. A county may appeal the decision to the circuit court within thirty days after the date the county receives a written copy of the final decision.
Source:
SL 1996, ch 186.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 14 - Reimbursement Of County Poor Relief Expenditures › Section 28-14-1 - County claim for reimbursement from person relieved--Enforcement against property.

28-14-1. County claim for reimbursement from person relieved--Enforcement against property.
When any county shall furnish relief to any person under the provisions of chapter 28-13, such county shall have a claim against the person so relieved for the value of such relief, which may be enforced against any property, not exempt from execution, which such person may have or later acquire.
Source:
SDC 1939, §50.0107; SL 1941, ch 211, §5.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 14 - Reimbursement Of County Poor Relief Expenditures › Section 28-14-2 - Relief of nonresident--Reimbursement by county of residence.

28-14-2. Relief of nonresident--Reimbursement by county of residence.
If a county furnishes relief under the provisions of chapter 28-13 to any person who is a nonresident of the county and the county is unable to collect the amount of relief furnished from the person receiving the relief, the county which furnishes the relief shall have a claim for reimbursement against the county of which the person is a resident as determined by chapter 28-13 for the value of the provided assistance. The county which furnishes relief shall give notice to the county auditor of the resident county of the claim for reimbursement. The resident county shall make the reimbursement out of the poor relief funds for that county.
Source:
SDC 1939, §50.0107 as added by SL 1941, ch 211, §5; SL 1976, ch 173, §22; SL 1984, ch 205, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 14 - Reimbursement Of County Poor Relief Expenditures › Section 28-14-2.1 - Relief to resident of less than sixty days--Reimbursement by prior county of residence.

28-14-2.1. Relief to resident of less than sixty days--Reimbursement by prior county of residence.
If a county furnishes relief under the provisions of chapter 28-13 to any person who has been a resident of the county as determined by chapter 28-13 for less than sixty days prior to the making of an application for nonemergency hospitalization assistance as provided by §28-13-34.1 or his being hospitalized in an emergency situation, and the county is unable to collect the amount of the relief furnished from the person receiving the relief, the county which furnishes the relief shall have a claim for reimbursement against the county of which the person was a resident sixty days prior to application for hospitalization assistance or the emergency hospitalization. The county which furnishes the relief shall give notice of the claim for reimbursement to the county auditor of the county of which the person was last a resident. The county of which the person was last a resident shall make the reimbursement out of the poor relief funds for that county.
Source:
SL 1984, ch 205, §2; SL 1989, ch 30, §55.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 14 - Reimbursement Of County Poor Relief Expenditures › Section 28-14-2.2 - Relief to person becoming resident for medical services--Reimbursement by prior county of residence.

28-14-2.2. Relief to person becoming resident for medical services--Reimbursement by prior county of residence.
If a county furnishes relief under the provisions of chapter 28-13 to any person with a preexisting medical condition who becomes a resident of the county as determined by chapter 28-13 solely to utilize the medical facilities of the county and the county is unable to collect the amount of the relief furnished from the person receiving the relief, the county which furnishes the relief shall have a claim for reimbursement against the county of which the person was last a resident. The county which furnishes the relief shall give notice of the claim for reimbursement to the county auditor of the county of which the person was last a resident. The county of which the person was last a resident shall make the reimbursement out of the poor relief funds for that county.
Source:
SL 1984, ch 205, §3.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 14 - Reimbursement Of County Poor Relief Expenditures › Section 28-14-3 - Support and relief for which lien may be established--Burial expenses.

28-14-3. Support and relief for which lien may be established--Burial expenses.
For the purpose of §§28-14-5 to 28-14-18, inclusive, a poor person shall mean any person who receives support, care, and maintenance as a poor person, or any person who is a patient of the South Dakota Human Services Center and any and all other cases wherein any county within this state shall become obligated to, and does pay for any care, support, and maintenance. It shall also include all moneys expended by any county for burial expenses.
Source:
SDC 1939, §39.1701; SL 1939, ch 148; SL 1963, ch 380, §13.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 14 - Reimbursement Of County Poor Relief Expenditures › Section 28-14-4 - Medical treatment not subject to lien provisions.

28-14-4. Medical treatment not subject to lien provisions.
The provisions of §§28-14-5 to 28-14-18, inclusive, shall not be construed to apply to any person receiving medical care and hospitalization or any other treatment under the tuberculosis control and eradication program operated by the State Department of Health.
Source:
SDC 1939, §39.1701; SL 1939, ch 148; SL 1963, ch 380, §13.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 14 - Reimbursement Of County Poor Relief Expenditures › Section 28-14-5 - County lien on property of recipient for care, support, or burial expenses provided--Immediate effect--Reimbursement under catastrophic county poor relief fund.

28-14-5. County lien on property of recipient for care, support, or burial expenses provided--Immediate effect--Reimbursement under catastrophic county poor relief fund.
If any county pays for the care, support, or burial expenses of any poor person as defined in §28-14-3, the county has a lien upon all the property, both real and personal, including joint tenancy and homestead interests belonging to the poor person, or to be thereafter acquired by the poor person, or in which the poor person has any interest. The lien shall be for all sums of money expended by the county. A lien for expenses paid by a county and reimbursed under the catastrophic county poor relief fund established in chapter 28-13A, shall be for the full amount of the medical expenses paid by the county before reimbursement was made from the catastrophic fund. A lien shall become effective immediately upon payment by any county, to or for the benefit of such poor person, and filing with the register of deeds office for recording and indexing. Each additional payment made by the county for such poor person shall be added to the amount of the lien. If a county receives a reimbursement from the catastrophic county poor relief fund and the county subsequently collects all or part of the claims from either the individual or a third-party source, the county shall repay a percentage of the collection to the catastrophic county poor relief fund. The percentage of the collection repaid shall equal the percentage of the claim that the catastrophic county poor relief fund reimbursement represents.
Source:
SDC 1939, §39.1702; SL 1953, ch 209, §1; SL 1963, ch 237; SL 1993, ch 211.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 14 - Reimbursement Of County Poor Relief Expenditures › Section 28-14-6 - Application of lien to property of spouse--Joint tenancy--Continuation of lien.

28-14-6. Application of lien to property of spouse--Joint tenancy--Continuation of lien.
If any poor person receiving benefits from the county be a married person, the lien therein established shall also be a lien upon all the property, real and personal, including joint tenancy and homestead interests, property thereafter acquired, or interest in property, of the husband or wife of such poor person as the case may be, if the Christian names of both spouses are shown in connection with the lien. Such lien shall not sever a joint tenancy or affect the right of survivorship except that the lien shall be enforceable to the extent that the county aid recipient had an interest prior to his death.
Such lien shall continue until the liability for such amount is satisfied except that such lien may be adjusted and compromised as to specific property as now provided by statute.
Source:
SDC 1939, §39.1702; SL 1953, ch 209, §1; SL 1963, ch 237.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 14 - Reimbursement Of County Poor Relief Expenditures › Section 28-14-7 - Recording of poor relief payments by county auditor--Contents of record--Place of filing.

28-14-7. Recording of poor relief payments by county auditor--Contents of record--Place of filing.
It shall be the duty of the county auditor, immediately after issuing of county warrants or payment of cash, as the case may be, for the benefit of any poor person, to record the name of such poor person for whose benefit such warrants or cash were issued, the amount thereof, the purpose for which such warrants or cash were issued, together with the name of the fund from which such warrants or cash were drawn, all properly indexed, and to subsequently record in a like manner each additional payment made by the county for such poor person. Such record shall be filed in the office of the register of deeds of the county in which such poor person resides, and in the county of his legal residence or last residence, if he is an inmate of any state institution or deceased.
Source:
SDC 1939, §39.1703; SL 1953, ch 209, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 14 - Reimbursement Of County Poor Relief Expenditures › Section 28-14-8 - Certified copies of record filed in other counties--Lien on property therein.

28-14-8. Certified copies of record filed in other counties--Lien on property therein.
Certified copies of the record as to such aid to any poor person may be filed with the register of deeds of any county in the state, and shall thereupon be recorded and indexed as are similar records of such county and shall thereupon constitute notice of a lien upon any property of said poor or deceased person in said county.
Source:
SDC 1939, §39.1703; SL 1953, ch 209, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 14 - Reimbursement Of County Poor Relief Expenditures › Section 28-14-9 - Record as notice of lien--Joint tenancy, homestead, and after-acquired property covered.

28-14-9. Record as notice of lien--Joint tenancy, homestead, and after-acquired property covered.
Such record shall be actual notice to all persons of a lien upon all property, real and personal, including joint tenancy and homestead interests belonging to such poor person, or to be thereafter acquired by the poor person or to the husband or wife of such poor person as the case may be, to the extent and amount obligated and paid by any county for the benefit of such poor person.
Source:
SDC 1939, §39.1703; SL 1953, ch 209, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 14 - Reimbursement Of County Poor Relief Expenditures › Section 28-14-10 - Application to county commissioners for correction of record of lien--Action by commissioners.

28-14-10. Application to county commissioners for correction of record of lien--Action by commissioners.
In the event the record of a lien shall have been made under the provisions of this chapter whereby the name of the person or persons for whose benefit any payment shall have been made, or the name of any person or persons against whose property a lien may appear to have been created, shall be shown or stated by mistake or incorrectly or in such manner as not to be easily identified as the owner or owners of property, or the amount of such lien be incorrectly stated or recorded, any person whose interests are adversely affected thereby may apply to the board of county commissioners for correction of the record to conform to the facts. The board shall have authority to grant the relief sought and to direct the correction of the record accordingly.
Source:
SDC 1939, §39.1708 as enacted by SL 1941, ch 164, §3.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 14 - Reimbursement Of County Poor Relief Expenditures › Section 28-14-11 - Foreclosure of lien by action--Time of commencing action--Restrictions on enforcement against homestead.

28-14-11. Foreclosure of lien by action--Time of commencing action--Restrictions on enforcement against homestead.
Any lien established by virtue of these statutes may be foreclosed by action in the name of the county to satisfy the amount of the lien, together with interest, cost, and expenses of foreclosure. Such foreclosure shall not be commenced until one year after the last payment to or for the benefit of the poor person during the lifetime of the poor person or until after the death of the poor person.
Such lien shall not be enforced against the homestead of the poor person during his or her lifetime or while occupied as a homestead by the surviving spouse or minor children, except upon alienation.
Source:
SDC 1939, §39.1704; SL 1953, ch 209, §3.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 14 - Reimbursement Of County Poor Relief Expenditures › Section 28-14-12 - Advertising and sale of personal property acquired by lien foreclosure.

28-14-12. Advertising and sale of personal property acquired by lien foreclosure.
All property acquired by the county under this chapter shall in the case of personal property be offered for sale by the board of county commissioners of each county by advertising for bids upon two weeks' notice, published in a legal newspaper within the county, and if such board of county commissioners deem it for the best interests of the county, they shall sell the same to the highest bidder for cash.
Source:
SDC 1939, §39.1705.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 14 - Reimbursement Of County Poor Relief Expenditures › Section 28-14-13 - Rent or sale of real property acquired by foreclosure of lien--Crediting of moneys received.

28-14-13. Rent or sale of real property acquired by foreclosure of lien--Crediting of moneys received.
In all cases of real property acquired under these statutes, the board of county commissioners is authorized to rent or sell the same in the same manner as provided for other real property acquired by the county through foreclosure of school fund mortgages, and all moneys received thereby shall be credited to the respective funds from which the money was drawn to establish the lien.
Source:
SDC 1939, §39.1705.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 14 - Reimbursement Of County Poor Relief Expenditures › Section 28-14-14 - Satisfaction of lien on full payment--Statement of satisfaction recorded with register of deeds--Marginal notation by register.

28-14-14. Satisfaction of lien on full payment--Statement of satisfaction recorded with register of deeds--Marginal notation by register.
When full amount for which a lien against the property of any person shall have been established by virtue of the provisions of this chapter, as certified by the county auditor, shall be paid to the county treasurer of the county which shall have made such payment or payments, such lien shall be satisfied. Upon the receipt for such payment being presented to and filed with such county auditor that officer shall issue a statement, signed, and sealed, to the effect that such lien is satisfied. The statement so issued may be filed for record and recorded in the office of the register of deeds of each county in which a record of such lien has been made, without charge or fee therefor. The register of deeds shall also note the fact of such satisfaction of lien upon the margin of any record of such lien in that office.
Source:
SDC 1939, §39.1706 as enacted by SL 1941, ch 164, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 14 - Reimbursement Of County Poor Relief Expenditures › Section 28-14-15 - Appearance by county commissioners in lien proceedings--Compromises and agreements regarding liens--Execution of instruments.

28-14-15. Appearance by county commissioners in lien proceedings--Compromises and agreements regarding liens--Execution of instruments.
The board of county commissioners shall have authority to enter the appearance of the county in any proceeding affecting the property on which the state claims a lien or charge pursuant to §§28-14-5 and 28-14-6, to prosecute or defend in any such proceedings to institute probate proceedings as a creditor of deceased persons, and either in the course of or in the absence of and apart from any action or proceeding enter into any stipulation, compromise, settlements, or other agreements or arrangements in respect to such lien or charge affecting such property as may seem wise, and to execute and deliver any such stipulation, modification, quitclaims, releases, partial releases, discharges, extensions, agreements, satisfactions, partial satisfactions, or subordination or other contract or stipulation or agreement which the interest of the parties or the circumstances of the case may make advisable.
Source:
SDC 1939, §39.1707 as enacted by SL 1941, ch 164, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 14 - Reimbursement Of County Poor Relief Expenditures › Section 28-14-16 - Filing with county auditor of application for satisfaction, compromise of lien, or correction of record.

28-14-16. Filing with county auditor of application for satisfaction, compromise of lien, or correction of record.
In the event any person having any interest in any property against which a lien has been established as provided by this chapter desires to avail himself of the benefits of §28-14-10 or of §§28-14-14 to 28-14-18, inclusive, he may file with the county auditor in the county in which such lien originated a written application therefor, signed and sworn to by the applicant in which shall be set forth the facts upon which such application is based.
Source:
SDC 1939, §39.1707 as enacted by SL 1941, ch 164, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 14 - Reimbursement Of County Poor Relief Expenditures › Section 28-14-17 - Action and resolution by county commissioners on application--Execution of instruments.

28-14-17. Action and resolution by county commissioners on application--Execution of instruments.
Any such application shall be presented to the board of county commissioners of said county at its next regular meeting. If it appears to the satisfaction of the board that it will be to the best interest of the county and the circumstances of the case are such that the same is advisable, the board may, by proper resolution duly adopted authorize such stipulation, modification, quitclaim, release, partial release, discharge, extension, agreement, satisfaction, partial satisfaction, or subordination or other contract or agreement which will effect the purpose desired. Upon such resolution becoming effective and the payment of any sum specified, the chairman of the board of county commissioners and the county auditor shall be authorized to execute any such instrument on behalf of the county.
Source:
SDC 1939, §39.1707 as enacted by SL 1941, ch 164, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 14 - Reimbursement Of County Poor Relief Expenditures › Section 28-14-18 - Recording of satisfactions and releases--No fee--Marginal notation by register of deeds.

28-14-18. Recording of satisfactions and releases--No fee--Marginal notation by register of deeds.
All satisfactions, partial satisfactions, releases, and partial releases so executed shall be filed for record in the office of the register of deeds of the respective county or counties in which is located the real property so released from such lien. Such filing and recording of such partial satisfaction, satisfactions, releases, or partial releases shall be done without any fee being charged or paid therefor. The register of deeds shall also note the fact of such satisfactions, partial satisfaction, or release or partial release upon the margin of any record of such lien in that office.
Source:
SDC 1939, §39.1707 as enacted by SL 1941, ch 164, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 14 - Reimbursement Of County Poor Relief Expenditures › Section 28-14-19 - Termination of lien upon closing of estate.

28-14-19. Termination of lien upon closing of estate.
Any lien or encumbrance against property created by this chapter shall terminate and be discharged upon the closing and termination of the estate of any person against whom any such lien or encumbrance is claimed.
Source:
SL 1987, ch 206, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 14 - Reimbursement Of County Poor Relief Expenditures › Section 28-14-20 - Termination of certain liens as matter of law.

28-14-20. Termination of certain liens as matter of law.
Any lien or encumbrance created under this chapter prior to July 1, 1970, is hereby terminated as a matter of law.
Source:
SL 1987, ch 206, §2; SL 2001, ch 156, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 17 - County Burial › Section 28-17-1 - County to employ funeral director to supervise burial or cremation of indigent person.

28-17-1. County to employ funeral director to supervise burial or cremation of indigent person.
If any person dies within any county, who does not have money or means necessary to defray the funeral expenses, and whose relatives or friends are unable or unwilling to defray the expenses, the county commissioners shall employ a funeral director to provide for and superintend the burial or cremation of the deceased person.
Source:
SDC 1939, §50.0105; SL 1976, ch 173, §23; SL 2012, ch 152, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 17 - County Burial › Section 28-17-2 - Funeral expense borne by county of residence or where death occurred.

28-17-2. Funeral expense borne by county of residence or where death occurred.
If any person who is destitute and has no estate dies within the state, and who has no one legally bound for funeral expenses, and where there is no other source to pay the cost of burial or cremation expense, the funeral expenses shall be borne by the county in which the deceased was a resident at time of death. If no residence can be determined for the deceased person, the funeral expenses shall be borne by the county in which death occurred.
Source:
SDC 1939, §12.1911; SL 1947, ch 42; SL 1953, ch 24; SL 1967, ch 19; SL 2012, ch 152, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 17 - County Burial › Section 28-17-3 - Selection of funeral director--Decision regarding burial or cremation--Advertising for bids prohibited.

28-17-3. Selection of funeral director--Decision regarding burial or cremation--Advertising for bids prohibited.
The selection of a funeral director may be made by the tribe or next of kin, if any, otherwise by the board of county commissioners. The determination whether the decedent is buried or cremated may be made by the tribe or next of kin, if any, otherwise by the board of county commissioners. In no case may the county commissioners advertise for bids on burial or cremation of indigent poor.
Source:
SDC 1939, §12.1911 as added by SL 1953, ch 24; SL 1967, ch 19; SL 2012, ch 152, §3.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 17 - County Burial › Section 28-17-4 - Services required of funeral director--Sum allowed.

28-17-4. Services required of funeral director--Sum allowed.
On county burials, the funeral director in charge shall furnish a casket and outside container and conduct the funeral services. On county cremations, the funeral director in charge shall furnish an urn or container and conduct the funeral services. The county shall allow the funeral director for merchandise and services rendered, a sum to be established by resolution of the board of county commissioners at the annual organizational meeting.
Source:
SDC 1939, §12.1911 as added by SL 1953, ch 24; SL 1967, ch 19; SL 1971, ch 170; SL 1972, ch 159; SL 1976, ch 173, §24; SL 2012, ch 152, §4.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 17 - County Burial › Section 28-17-5 - Contract for burial space and cemetery services.

28-17-5. Contract for burial space and cemetery services.
In addition to the burial and cremation expenses provided in §28-17-4, the county commissioners may contract with cemeteries within the state for burial space in a cemetery and the opening and closing of the grave.
Source:
SDC 1939, §12.1911 as added by SL 1953, ch 24; SL 1967, ch 19; SL 1972, ch 160; SL 1975, ch 185; SL 2012, ch 152, §5.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 17 - County Burial › Section 28-17-6 - Payment of expenses by county--Reimbursement by county of residency--Conduct of funeral and payment of expenses for deceased veterans.

28-17-6. Payment of expenses by county--Reimbursement by county of residency--Conduct of funeral and payment of expenses for deceased veterans.
The necessary and reasonable expenses of burial or cremation under this chapter shall be paid by the county treasurer, upon the order of the commissioners. If the decedent had an established residency according to §28-13-3 in a county in this state different from that in which the decedent died, the county paying the funeral expenses shall be reimbursed by the county in which the decedent had an established residency. If the decedent was an honorably discharged United States soldier, sailor, marine, or aviator, the funeral shall be conducted and expenses paid as provided in chapter 33A-5.
Source:
SDC 1939, §50.0105; SL 1976, ch 173, §25; SL 2011, ch 1 (Ex. Ord. 11-1), §20, eff. Apr. 12, 2011; SL 2012, ch 152, §6.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 18 - Facilities For Care Of The Aged › Section 28-18-1 - Formation of nonprofit corporations for care of aged authorized.

28-18-1. Formation of nonprofit corporations for care of aged authorized.
Authority is hereby given for the incorporation of nonprofit self-sustaining corporations formed for the care and accommodation of aged persons, when duly licensed as approved by the laws of the State of South Dakota.
Source:
SL 1953, ch 302, §1; SDC Supp 1960, §27.1209.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 18 - Facilities For Care Of The Aged › Section 28-18-2 - Area of operation of nonprofit corporation--Control by board of directors.

28-18-2. Area of operation of nonprofit corporation--Control by board of directors.
Such nonprofit corporations may operate over an area of one or more counties. Direction and control of such corporations shall be exercised by a board of directors, selected as provided by law for such corporations.
Source:
SL 1953, ch 302, §1; SDC Supp 1960, §27.1209.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 18 - Facilities For Care Of The Aged › Section 28-18-3 - Self-liquidating bonds issued by nonprofit corporation.

28-18-3. Self-liquidating bonds issued by nonprofit corporation.
Such board of directors may issue self-liquidating bonds for the purpose of constructing or equipping necessary facilities for the purposes of the corporation.
Source:
SL 1953, ch 302, §1; SDC Supp 1960, §27.1209.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 18 - Facilities For Care Of The Aged › Section 28-18-4 - Cooperation and contributions of private and public agencies accepted by nonprofit corporation--Charges and conditions for admission.

28-18-4. Cooperation and contributions of private and public agencies accepted by nonprofit corporation--Charges and conditions for admission.
In the operation of such nonprofit corporation, the cooperation and assistance of private individuals and charitable organizations may be utilized and the contributions of private or public agencies may be accepted. The board of directors shall have power to fix the charges and conditions for admission.
Source:
SL 1953, ch 302, §1; SDC Supp 1960, §27.1209.