reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-14 - Municipalities to provide contact list of certain public employees to Division of Emergency Management.

34-48A-14. Municipalities to provide contact list of certain public employees to Division of Emergency Management.
In addition to the information required in §34-48A-13, each municipal governing body shall provide to the Department of Public Safety, Division of Emergency Management contact information for the municipal employees responsible for the following functions if the municipality employs a person in such a capacity:
(1)City administrator or city manager;
(2)Building inspection;
(3)Engineering;
(4)Electrical;
(5)Fire;
(6)Police and law enforcement;
(7)Public works;
(8)Streets and highways;
(9)Sewer and waste water;
(10)Water;
(11)Telephone;
(12)Utilities;
(13)Emergency services or civil defense;
(14)Coroner; and
(15)911 coordinator.
Source:
SL 2002, ch 163, §2; SL 2004, ch 17, §190; SDCL §33-15-11.2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-15 - County commission to provide contact list of public officers and employees to Division of Emergency Management--Contents.

34-48A-15. County commission to provide contact list of public officers and employees to Division of Emergency Management--Contents.
No later than January thirty-first of each year, each county commission shall provide to the Department of Public Safety, Division of Emergency Management, information that will enable emergency agencies to reach the members of the county commission, the county auditor, the county sheriff, the county coroner, and the state's attorney at any time, day or night. The information necessary shall include home, business, and other personal telephone numbers including any facsimile transmission machines and cellular or mobile telephone numbers; home, business, and other personal addresses; employer's name and telephone number; and home, business, and other personal email or internet addresses.
The county commission shall also provide information on any employee of the county responsible for any of the functions listed in §34-48A-14.
Source:
SL 2002, ch 163, §3; SL 2004, ch 17, §191; SDCL §33-15-11.3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-16 - Boards of supervisors to provide contact list of public officers and employees to Division of Emergency Management--Contents.

34-48A-16. Boards of supervisors to provide contact list of public officers and employees to Division of Emergency Management--Contents.
No later than March thirty-first of each year, each township board of supervisors shall provide to the Department of Public Safety, Division of Emergency Management, information that will enable emergency agencies to reach each member of the board of supervisors, the township constable, and the township clerk at any time, day or night. The information necessary shall include home, business, and other personal telephone numbers including any facsimile transmission machines and cellular or mobile telephone numbers; and home, business, and other personal addresses; employer's name and telephone number; home, business, and other personal email or internet addresses.
The board of township supervisors shall also provide information on any employee of the township responsible for any of the functions listed in §34-48A-14.
Any township with fewer than ten registered voters in the township is exempted from the provisions of §§34-48A-13 to 34-48A-18, inclusive.
Source:
SL 2002, ch 163, §4; SL 2004, ch 17, §192; SDCL §33-15-11.4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-17 - Department of Public Safety to promulgate rules for emergency reporting procedures.

34-48A-17. Department of Public Safety to promulgate rules for emergency reporting procedures.
The Department of Public Safety shall promulgate rules, pursuant to chapter 1-26, to establish reporting procedures pursuant to §§34-48A-13 to 34-48A-18, inclusive, and to require any other information that is reasonably expected to provide the ability for any emergency agency in this state to contact local officials in the event of an emergency.
Source:
SL 2002, ch 163, §5; SL 2003, ch 272 (Ex. Ord. 03-1), §110; SDCL §33-15-11.5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-18 - Confidentiality of information.

34-48A-18. Confidentiality of information.
The information provided pursuant to §§34-48A-13 to 34-48A-18, inclusive, shall remain confidential and may only be used for emergency purposes.
Source:
SL 2002, ch 163, §6; SDCL §33-15-11.6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-19 - Mutual aid arrangements with other states and between political subdivisions.

34-48A-19. Mutual aid arrangements with other states and between political subdivisions.
The secretary with the approval of the Governor may enter into mutual aid arrangements with other states and coordinate mutual aid plans between political subdivisions of this state.
Source:
SL 1949, ch 236, §6; SL 1951, ch 285, §6; SDC Supp 1960, §41.01C05 (2) (e); SL 1977, ch 271, §13; SL 2004, ch 17, §193; SDCL §33-15-13.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-20 - Cooperation with federal agencies--Mobilization of forces--Warning signals--Utility systems--Public meetings--Evacuation.

34-48A-20. Cooperation with federal agencies--Mobilization of forces--Warning signals--Utility systems--Public meetings--Evacuation.
The Governor and secretary may cooperate with the President and other appropriate federal officers and agencies and with the officers and agencies of other states and political subdivisions, in matters pertaining to the emergency management of the state and nation, including the direction or control of:
(1)Mobilization of emergency management forces;
(2)The use of warning signals for tests, exercise, or attacks;
(3)The maintenance of utility systems;
(4)Public meetings or gatherings; and
(5)The evacuation and reception of the civilian population.
Source:
SL 1951, ch 285, §6; SDC Supp 1960, §41.01C05 (2) (h); SL 1977, ch 271, §14; SL 2004, ch 17, §194; SDCL §33-15-16.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-21 - Assignment of workers to reinforce local organization--Call to duty--Place of duty.

34-48A-21. Assignment of workers to reinforce local organization--Call to duty--Place of duty.
The secretary may assign emergency management workers, to be controlled by the secretary, as may be necessary to reinforce emergency management organizations in stricken areas. Emergency management workers shall be called to duty by orders of the secretary and shall perform their functions in any part of the state or without the state in compliance with mutual aid agreements.
Source:
SL 1949, ch 236, §7; SL 1951, ch 285, §7; SDC Supp 1960, §41.01C06 (1); SL 1977, ch 271, §16; SL 1992, ch 236, §4; SL 2004, ch 17, §195; SDCL §33-15-17.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-22 - Emergency management workers--Rights, duties, and compensation.

34-48A-22. Emergency management workers--Rights, duties, and compensation.
An emergency management worker while on duty, whether within or without the state, shall:
(1)If the worker is an employee of the state, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to the worker's employment;
(2)If the worker is an employee of a political subdivision of the state, and whether serving within or without such political subdivision, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to the worker's employment;
(3)If the worker is not an employee of the state or a political subdivision thereof, be compensated by the state at a rate set by rules promulgated pursuant to chapter 1-26 by the secretary, and have the same rights and immunities as are provided by law for the employees of this state; and
(4)Be subject to the operational control of the authority in charge of emergency management activities in the area in which the worker is now serving.
Source:
SL 1949, ch 236, §7; SL 1951, ch 285, §7; SDC Supp 1960, §41.01C06 (2); SL 1977, ch 271, §34; SL 1986, ch 272, §16; SL 1992, ch 236, §5; SL 2004, ch 17, §196; SDCL §33-15-18.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-23 - Civil immunity of persons requested to assist with hazardous material incidents--Exceptions.

34-48A-23. Civil immunity of persons requested to assist with hazardous material incidents--Exceptions.
A person who provides assistance at the request of any emergency management agency in the event of an accident or other emergency situation involving the use, handling, transportation, transmission, or storage of hazardous material defined in subdivision 34-48A-1(6) is not liable in any civil action for damages as a result of his acts of commission or omission in rendering assistance. Nothing in this section grants immunity to a person causing damages as a result of his business activities or by his willful or wanton act of commission or omission in rendering assistance. Nothing in this section grants immunity to a person causing damages as a result of his business activities or by his willful or wanton act of commission or omission which takes place without the request of an emergency management agency.
Source:
SL 1980, ch 235, §1; SL 1987, ch 29, §16; SL 1992, ch 236, §6; SDCL §33-15-18.1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-24 - Scope of immunity extends to employers and other responsible parties.

34-48A-24. Scope of immunity extends to employers and other responsible parties.
The immunity granted by §34-48A-23 shall extend to the employer of the person rendering such assistance, and to any other person, employer, partnership, or corporation legally responsible for the acts or omissions of such individual.
Source:
SL 1980, ch 235, §2; SDCL §33-15-18.2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-25 - Reimbursement of local governments for employees' expenses and damages.

34-48A-25. Reimbursement of local governments for employees' expenses and damages.
The state shall reimburse a political subdivision for the compensation paid and actual and necessary travel, subsistence and maintenance expenses of employees of such political subdivision while serving as emergency management workers, and for all payments for death, disability, or injury of such employees incurred in the course of such duty, and for all losses of or damage to supplies and equipment of such political subdivision resulting from the operation of emergency management workers under state control.
Source:
SL 1951, ch 285, §7; SDC Supp 1960, §41.01C06 (3); SL 1977, ch 271, §35; SL 1992, ch 236, §7; SDCL §33-15-20.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-26 - Duty to utilize already existing facilities.

34-48A-26. Duty to utilize already existing facilities.
The Governor, the secretary, and the executive officers or governing bodies of the political subdivisions of the state shall utilize the services, equipment, supplies, and facilities of existing departments, offices, and agencies of the state and of the political subdivisions thereof to the maximum extent practicable, and the officers and personnel of all such departments, offices, and agencies. Such departments, offices, and agencies shall cooperate with and extend such services and facilities to the Governor, the secretary and to the emergency management organizations of the state upon request. A local political subdivision must exhaust its available resources prior to obtaining assistance from another political subdivision. The state must exhaust all available governmental resources prior to obtaining private resources.
Source:
SL 1949, ch 236, §12; SL 1951, ch 285, §12; SDC Supp 1960, §41.01C11; SL 1977, ch 271, §15; SL 2004, ch 17, §197; SDCL §33-15-21.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-27 - Secretary of public safety responsible for carrying out emergency management program.

34-48A-27. Secretary of public safety responsible for carrying out emergency management program.
The secretary of public safety, subject to the direction and control of the Governor, is responsible for carrying out the program for emergency management of this state. He shall coordinate the activities of all organizations for emergency management within the state, and shall maintain liaison with and cooperation with emergency management agencies and organizations of other states and of the federal government.
Source:
SL 1949, ch 236, §4; SL 1951, ch 285, §4; SDC Supp 1960, §41.01C04 (4); SL 1977, ch 271, §8; SL 1992, ch 236, §8; SL 2003, ch 272 (Ex. Ord. 03-1), §111; SDCL §33-15-22.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-28 - Special emergency and disaster special revenue fund.

34-48A-28. Special emergency and disaster special revenue fund.
There is hereby created a fund to be known as the "special emergency and disaster special revenue fund." Expenditures may be made from the fund to meet special emergency requirements of the Division of Emergency Management, not included in the general and special appropriations which provide for the ordinary operation and maintenance of functions of this department, and for carrying into effect the objectives and provisions of this chapter. No part of this fund may revert to the general fund. Withdrawal from this fund shall be made on warrants drawn by the state auditor on vouchers signed by the secretary of public safety.
Source:
SL 1955, ch 236, §4; SL 1957, ch 418, §2; SDC Supp 1960, §41.01C15; SL 1977, ch 271, §24; SL 1992, ch 236, §9; SL 2003, ch 272 (Ex. Ord. 03-1), §112; SDCL §33-15-23.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-29 - Credits to fund--Expenditures from fund.

34-48A-29. Credits to fund--Expenditures from fund.
All collections, donations, bequests, or funds, received by way of gift, grant, or loan, for the purposes of emergency management shall be credited to the fund created by §34-48A-28 and shall be expended therefrom in accordance with that section.
Source:
SL 1955, ch 236, §4; SDC Supp 1960, §41.01C15; SL 1977, ch 271, §25; SL 1993, ch 242, §2; SDCL §33-15-24.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-30 - Minimum local effort required for state aid.

34-48A-30. Minimum local effort required for state aid.
In order to qualify for state financial assistance to meet the costs of an emergency or disaster declared by the Governor, a county shall meet the minimum standard of local effort as specified in subdivision 34-48A-1(7).
Source:
SL 1969, ch 247, §2; SDCL Supp, §33-15-24.2; SL 1977, ch 271, §26; SL 1987, ch 29, §17; SDCL §33-15-24.1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-31 - County duty to assist local government subdivisions to meet local effort eligibility requirement.

34-48A-31. County duty to assist local government subdivisions to meet local effort eligibility requirement.
In order to meet the total local effort eligibility requirement for state financial assistance, counties shall assist all other local government subdivisions within their political jurisdiction with all available emergency and disaster funds.
Source:
SL 1969, ch 247, §2; SL 1977, ch 271, §27; SDCL §33-15-24.3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-32 - Amount of state financial assistance--Additional assistance authorized.

34-48A-32. Amount of state financial assistance--Additional assistance authorized.
In those counties in which the Governor has officially declared an emergency or disaster and in which local effort requirements have been met, the state will provide financial assistance for such additional operational costs needed for the particular emergency or disaster situation up to a maximum of sixty percent of additional local effort expenditures; provided, however, that the Governor upon finding it necessary for the preservation of life and property may authorize additional state financial assistance.
Source:
SL 1969, ch 247, §3; SL 1977, ch 271, §28; SDCL §33-15-24.4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-33 - State financial assistance paid from special emergency and disaster special revenue fund--Vouchers.

34-48A-33. State financial assistance paid from special emergency and disaster special revenue fund--Vouchers.
The state financial assistance provided by §34-48A-32 may be paid and advanced from the funds appropriated to the special emergency and disaster special revenue fund upon vouchers executed by the county treasurer and approved by the secretary.
Source:
SL 1969, ch 247, §4; SL 1977, ch 271, §29; SL 2004, ch 17, §198; SDCL §33-15-24.5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-34 - Estimates of costs and certification of county needs--Excess assistance payments revert to fund.

34-48A-34. Estimates of costs and certification of county needs--Excess assistance payments revert to fund.
The county commissioners of such counties shall prepare detailed estimates of the additional operational costs which they anticipate will be needed to meet the costs of the emergency or disaster within the limitations of §§34-48A-30 to 34-48A-35, inclusive, and shall from time to time certify the needs of the county to the county treasurer who shall submit the necessary vouchers for the advances and payment provided by §34-48A-33. Any advance which is in excess of the actual needs of the county and actual expenditures thereby for allowable costs shall be returned to the state and reverted to the emergency and disaster special revenue fund.
Source:
SL 1969, ch 247, §4; SL 1977, ch 271, §30; SL 1980, ch 26, §25; SL 1992, ch 236, §10; SDCL §33-15-24.6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-35 - Scope of rules.

34-48A-35. Scope of rules.
The Department of Public Safety may promulgate rules pursuant to chapter 1-26 concerning:
(1)The establishment of minimum standards of local effort to obtain financial assistance under this chapter and the procedures for obtaining such assistance;
(2)The establishment of compensation levels for emergency management workers under subdivision 34-48A-22(3); and
(3)The standards and procedures for providing benefits under the Disaster Relief Act of 1974, as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988.
Source:
SL 1969, ch 247, §5; SL 1977, ch 271, §17; SL 1980, ch 26, §26; SL 1986, ch 272, §18; SL 1992, ch 236, §11; SL 2003, ch 272 (Ex. Ord. 03-1), §113; SDCL §33-15-24.8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-36 - Authority to accept federal moneys, services, or equipment--Conditions.

34-48A-36. Authority to accept federal moneys, services, or equipment--Conditions.
If the federal government, or any agency or officer thereof, or any person, firm, or corporation offers to the state or to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for emergency management, the Governor or the political subdivision, acting through the Governor, or such political subdivision, acting through its executive officer or governing body, may accept such offer. Upon acceptance the Governor or executive officer or governing body of such political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or political subdivision, and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.
Source:
SL 1949, ch 236, §11; SL 1951, ch 285, §11; SDC Supp 1960, §41.01C10 (2); SL 1977, ch 271, §6; SL 1992, ch 236, §12; SDCL §33-15-25.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-37 - Cooperation in implementation of federal Disaster Relief Act.

34-48A-37. Cooperation in implementation of federal Disaster Relief Act.
The Governor may cooperate with or enter into agreements with agencies of the federal government to the extent necessary or appropriate to implement the provisions of the Disaster Relief Act of 1974, as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and to provide, under rules promulgated pursuant to chapter 1-26 by the Department of Public Safety, such benefits to the residents of the state as may be available to them under that act.
Source:
SL 1977, ch 271, §7; SL 1986, ch 272, §19; SL 1992, ch 236, §13; SL 2003, ch 272 (Ex. Ord. 03-1), §114; SDCL §33-15-25.1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-38 - Audit of project applications.

34-48A-38. Audit of project applications.
The auditor general shall conduct required audits of disaster project applications pursuant to the Federal Register, Volume 40, Number 103, part III, General Section.
Source:
SL 1977, ch 271, §41; SDCL §33-15-25.2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-39 - County emergency management organizations.

34-48A-39. County emergency management organizations.
Each organized county of this state shall establish a local organization and develop an emergency plan for emergency management in accordance with the state emergency management plan and program.
Source:
SL 1949, ch 236, §8; SL 1951, ch 285, §8; SL 1953, ch 288, §5; SDC Supp 1960, §41.01C07 (1); SL 1977, ch 271, §18; SL 1992, ch 236, §14; SDCL §33-15-26.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-40 - Director of local organization--Duties and powers.

34-48A-40. Director of local organization--Duties and powers.
Each local organization for emergency management shall have a director who shall be appointed by the executive officer or governing body of the county, and who shall have direct responsibility for the development and implementation of emergency and disaster plans, organization, administration, and operation of the local organization for emergency management, subject to the direction and control of the executive officer or governing body.
Source:
SL 1949, ch 236, §8; SL 1951, ch 285, §8; SL 1953, ch 288, §5; SDC Supp 1960, §41.01C07 (1); SL 1977, ch 271, §19; SL 1992, ch 236, §15; SDCL §33-15-27.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-41 - Contracting power of local subdivision--Obedience to mandatory constitutional requirements.

34-48A-41. Contracting power of local subdivision--Obedience to mandatory constitutional requirements.
Each political subdivision in which any disaster or emergency as described in subdivision 34-48A-1(2) occurs, may enter into contracts and incur obligations necessary to combat the disaster or emergency, to protect the health and safety of persons and property, and to provide emergency assistance to the victims of such disaster or emergency without regard to time-consuming procedure and formalities prescribed by law. However, the political subdivision shall comply with mandatory constitutional requirements, pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditures of public funds.
Source:
SL 1949, ch 236, §8; SL 1951, ch 285, §8; SDC Supp 1960, §41.01C07 (2); SL 1977, ch 271, §20; SL 1992, ch 236, §16; SDCL §33-15-29.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-42 - County emergency management revenue fund.

34-48A-42. County emergency management revenue fund.
Each county shall establish an emergency management fund in the office of the county treasurer, which shall be a special revenue fund. Any reimbursement or matching funds for emergency management purposes from any source whatever, shall be deposited in the special emergency and disaster fund and used for emergency management purposes. Withdrawals from this fund shall be made on warrants drawn by the county auditor in the manner provided by law for the ordinary expenditures of such political subdivision.
Source:
SDC Supp 1960, §41.01C10 (3) as added by SL 1964, ch 117; SL 1977, ch 271, §31; SL 1992, ch 236, §17; SDCL §33-15-31.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-43 - Matching federal moneys--Deferring local obligation.

34-48A-43. Matching federal moneys--Deferring local obligation.
If an emergency management special revenue fund has been established, in accordance with this chapter, and the moneys in the fund are insufficient to pay the full amount of a proposed purchase under a federal matching funds project, the county or district may request an advance of federal funds to be deposited in the special revenue fund to permit the payment of the full amount of the obligation when due.
Source:
SDC Supp 1960, §41.01C10 (4) as added by SL 1964, ch 117; SL 1977, ch 271, §33; SL 1992, ch 236, §18; SDCL §33-15-32.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-44 - Local emergency management districts--Appropriations.

34-48A-44. Local emergency management districts--Appropriations.
In addition to the other provisions of this chapter, any county may join with other counties to form emergency management districts. Each county may appropriate money out of the general fund to pay salaries and expenses of such emergency management district.
Source:
SL 1959, ch 287; SDC Supp 1960, §41.01C07 (3); SL 1977, ch 271, §21; SL 1992, ch 236, §19; SDCL §33-15-33.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-45 - Mutual aid arrangements of local organizations.

34-48A-45. Mutual aid arrangements of local organizations.
The director of a local emergency management organization may develop mutual aid arrangements consistent with state plans and programs. The provisions of such arrangements shall be implemented in the event of emergency or disaster.
Source:
SL 1949, ch 236, §9; SL 1951, ch 285, §9; SDC Supp 1960, §41.01C08 (1); SL 1977, ch 271, §22; SL 1992, ch 236, §20; SDCL §33-15-34.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-46 - Interstate mutual aid arrangements.

34-48A-46. Interstate mutual aid arrangements.
The director of each local organization for emergency management may, subject to the approval of the Governor, enter into mutual aid arrangements with emergency management agencies or organizations in other states for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted.
Source:
SL 1949, ch 236, §9; SL 1951, ch 285, §9; SDC Supp 1960, §41.01C08 (2); SL 1977, ch 271, §23; SL 1992, ch 236, §21; SDCL §33-15-35.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-47 - Powers of emergency management workers outside local jurisdiction.

34-48A-47. Powers of emergency management workers outside local jurisdiction.
Any emergency management worker performing emergency management at any place in this state pursuant to agreements, compacts, or arrangements for mutual aid and assistance, to which the state or political subdivision thereof is a party, shall possess the same powers, duties, immunities, and privileges he would ordinarily possess if performing his duties in the state, province, or political subdivision thereof in which normally employed or rendering services.
Source:
SL 1953, ch 288, §6; SDC Supp 1960, §41.01C09 (4); SL 1977, ch 271, §37; SL 1992, ch 236, §22; SL 1993, ch 242, §2; SDCL §33-15-36.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-48 - District special emergency and disaster fund--Sources--Withdrawals.

34-48A-48. District special emergency and disaster fund--Sources--Withdrawals.
Each district organization for emergency management may establish a special emergency and disaster fund in the office of the county treasurer of the county where the district office is located, which shall be a special revenue fund. Any reimbursement or matching funds from any source whatever, shall be deposited in the fund and used for emergency management purposes. Withdrawals from the fund shall be made on warrants drawn by the county auditor of the county on vouchers signed by the district organization director and one commissioner from the advisory board of the district.
Source:
SL 1959, ch 287; SDC Supp 1960, §41.01C07 (3); SL 1977, ch 271, §32; SL 1992, ch 236, §23; SDCL §33-15-37.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-49 - Emergency management as governmental function--Exceptions--Worker's compensation.

34-48A-49. Emergency management as governmental function--Exceptions--Worker's compensation.
All functions under this chapter and all other activities relating to emergency management are governmental functions. Neither the state nor any political subdivision thereof, nor other agencies, nor, except in cases of willful misconduct, gross negligence, or bad faith, any emergency management worker complying with or reasonably attempting to comply with this chapter, or any order, rule promulgated pursuant to the provisions of this chapter, or pursuant to any ordinance relating to blackout or other precautionary measures enacted by any political subdivision of this state, is liable for the death of or injury to persons, or damage to property, as a result of such activity. The provisions of this section do not affect the right of any person to receive benefits to which he would otherwise be entitled under this chapter, or under the worker's compensation law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress.
Source:
SL 1949, ch 236, §10; SL 1951, ch 285, §10; SL 1953, ch 288, §6; SDC Supp 1960, §41.01C09 (1); SL 1977, ch 271, §38; SL 1992, ch 236, §24; SDCL §33-15-38.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-50 - Exemption from licensing requirements during emergency.

34-48A-50. Exemption from licensing requirements during emergency.
Any requirement for a license to practice any professional, mechanical, or other skill does not apply to any authorized emergency management worker who shall, in the course of performing his duties as such, practice such professional, mechanical, or other skill during a disaster or emergency.
Source:
SL 1953, ch 288, §6; SDC Supp 1960, §41.01C09 (2); SL 1977, ch 271, §39; SL 1992, ch 236, §25; SDCL §33-15-39.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-51 - Civil defense shelters on private property--Immunity from liability.

34-48A-51. Civil defense shelters on private property--Immunity from liability.
Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending, mock, or practice attack or other disaster or emergency as defined within this chapter shall, together with his successors in interest, if any, not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises for loss of, or damage to, the property of such person.
Source:
SL 1953, ch 288, §6; SDC Supp 1960, §41.01C09 (5); SL 1992, ch 236, §26; SDCL §33-15-41.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-52 - Political activity by emergency management organization prohibited.

34-48A-52. Political activity by emergency management organization prohibited.
No organization for emergency management established under the authority of this chapter may participate in any form of political activity, nor may it be employed directly or indirectly for political purposes.
Source:
SL 1949, ch 236, §13; SL 1951, ch 285, §13; SDC Supp 1960, §41.01C12; SL 1977, ch 271, §40; SL 1992, ch 236, §27; SDCL §33-15-44.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 48A - Emergency Management › Section 34-48A-55 - Search and rescue services--Costs--Limitation.

34-48A-55  .  Search and rescue services--Costs--Limitation.
The state, a fire department, a law enforcement agency, or a county-recognized entity that provides public search and rescue services may collect the actual costs of the search and rescue services provided on school or public lands or in a national park, national forest, or state park from any person for whose benefit the services are conducted, not to exceed one thousand dollars.
Source:  SL 2020, ch 150, § 1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 49 - Cigarette Fire Safety Standards › Section 34-49-2 - Sale or offer for sale of cigarettes prohibited without required testing, compliance with performance standard, certification, and marking.

34-49-2. Sale or offer for sale of cigarettes prohibited without required testing, compliance with performance standard, certification, and marking.
Except as provided in §34-49-7, no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section, a written certification has been filed by the manufacturer with the state fire marshal in accordance with §34-49-8, and the cigarettes have been marked in accordance with §34-49-9.
Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) standard E2187-04, Standard Test Method for Measuring the Ignition Strength of Cigarettes as of January 1, 2009, and shall be conducted on ten layers of filter paper.
No more than twenty-five percent of the cigarettes tested in a test trial in accordance with this section may exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each cigarette tested. The performance standard required by this section only applies to a complete test trial. Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization (ISO), or other comparable accreditation standard required by the state fire marshal.
Any laboratory conducting testing in accordance with this section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. No repeatability value may be greater than nineteen hundredths.
This section does not require additional testing if cigarettes are tested consistent with this chapter for any other purpose. Any testing performed or sponsored by the state fire marshal to determine a cigarette's compliance with the performance standard required shall be conducted in accordance with this section.
Source:
SL 2009, ch 172, §2, eff. Jan. 1, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 49 - Cigarette Fire Safety Standards › Section 34-49-3 - Use of lowered permeability bands to meet performance standard--Requirements.

34-49-3. Use of lowered permeability bands to meet performance standard--Requirements.
Each cigarette listed in a certification submitted pursuant to §34-49-8 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least fifteen millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least fifteen millimeters from the lighting end and ten millimeters from the filter end of the tobacco column, or ten millimeters from the labeled end of the tobacco column for nonfiltered cigarettes.
Source:
SL 2009, ch 172, §3, eff. Jan. 1, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 49 - Cigarette Fire Safety Standards › Section 34-49-4 - Alternative test method and performance standard.

34-49-4. Alternative test method and performance standard.
A manufacturer of a cigarette that the state fire marshal determines cannot be tested in accordance with the test method prescribed in §34-49-2 shall propose a test method and performance standard for the cigarette to the state fire marshal. Upon approval of the proposed test method and a determination by the state fire marshal that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in §34-49-2, the manufacturer may employ such test method and performance standard to certify such cigarette pursuant to §34-49-8. If the state fire marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this chapter, and the state fire marshal finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or regulation under a legal provision comparable to this section, then the state fire marshal shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state, unless the state fire marshal demonstrates a reasonable basis why the alternative test may not be accepted under this chapter. All other applicable requirements of this chapter apply to the manufacturer.
Source:
SL 2009, ch 172, §4, eff. Jan. 1, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 49 - Cigarette Fire Safety Standards › Section 34-49-5 - Retention of test reports--Copies to be made available--Civil penalty for violation.

34-49-5. Retention of test reports--Copies to be made available--Civil penalty for violation.
Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years and shall make copies of these reports available to the state fire marshal and the attorney general upon written request. Any manufacturer who fails to make copies of these reports available within sixty days of receiving a written request is subject to a civil penalty by the state fire marshal not to exceed ten thousand dollars for each day after the sixtieth day that the manufacturer does not make the copies available.
Source:
SL 2009, ch 172, §5, eff. Jan. 1, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 49 - Cigarette Fire Safety Standards › Section 34-49-6 - Subsequent ASTM Standard Test Method.

34-49-6. Subsequent ASTM Standard Test Method.
The state fire marshal may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard in §34-49-2.
Source:
SL 2009, ch 172, §6, eff. Jan. 1, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 49 - Cigarette Fire Safety Standards › Section 34-49-7 - Sale of cigarettes for purpose of consumer testing not prohibited.

34-49-7. Sale of cigarettes for purpose of consumer testing not prohibited.
The requirements of §34-49-2 do not prohibit the sale of cigarettes solely for the purpose of consumer testing. For purposes of this section, the term, consumer testing, means an assessment of cigarettes that is conducted by a manufacturer or under the control and direction of a manufacturer, for the purpose of evaluating consumer acceptance of the cigarettes. The manufacturer may only utilize the quantity of cigarettes that is reasonably necessary for the assessment.
Source:
SL 2009, ch 172, §7, eff. Jan. 1, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 49 - Cigarette Fire Safety Standards › Section 34-49-8 - Certification of testing and compliance with performance standard--Contents.

34-49-8. Certification of testing and compliance with performance standard--Contents.
Each manufacturer shall submit to the state fire marshal a written certification attesting that each cigarette listed in the certification has been tested in accordance with this chapter and meets the performance standard set forth in this chapter.
Each cigarette listed in the certification shall be described with the following information:
(1)Brand or trade name on the package;
(2)Style, such as light or ultra light;
(3)Length in millimeters;
(4)Circumference in millimeters;
(5)Flavor, such as menthol or chocolate, if applicable;
(6)Filter or nonfilter;
(7)Package description, such as soft pack or box;
(8)Marking pursuant to §34-49-9;
(9)The name, address, and telephone number of the laboratory; and
(10)The date that the testing occurred.
The certifications shall be made available to the attorney general and the secretary for purposes consistent with this chapter. Each cigarette certified under this section shall be recertified every three years. For each brand family of cigarettes listed in a certification, a manufacturer shall pay to the state fire marshal a fee of one thousand five hundred dollars. The fee shall apply to all cigarettes within the brand family certified, and shall include any new cigarette certified within the brand family during the three-year certification period.
If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this chapter, that cigarette may not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in this chapter. The manufacturer shall maintain records of that retesting as required by this chapter. Any altered cigarette which does not meet the performance standard set forth in this chapter may not be sold in this state.
Source:
SL 2009, ch 172, §8, eff. Jan. 1, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 49 - Cigarette Fire Safety Standards › Section 34-49-9 - Cigarette package marking requirements.

34-49-9. Cigarette package marking requirements.
Cigarettes that are certified by a manufacturer in accordance with this chapter shall be marked to indicate compliance with the requirements of this chapter. The marking shall be in eight point type or larger and consist of the letters, FSC, which signifies Fire Standard Compliant, permanently printed, stamped, engraved, or embossed on the package at or near the UPC Code.
A manufacturer may only use one marking, and shall apply this marking uniformly for all packages, including packs, cartons, and cases, and brands marketed by that manufacturer.
Any manufacturer certifying cigarettes in accordance with this chapter shall provide a copy of the certifications to each distributor, wholesaler, and retailer to which the manufacturer sells cigarettes. Each distributor, wholesaler, and retailer shall permit the state fire marshal, the secretary, and the attorney general to inspect markings of cigarette packaging marked in accordance with this section.
Source:
SL 2009, ch 172, §9, eff. Jan. 1, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 49 - Cigarette Fire Safety Standards › Section 34-49-10 - Civil penalties for sales or offers for sale of cigarettes by manufacturers, distributors, or wholesalers in violation of requirements.

34-49-10. Civil penalties for sales or offers for sale of cigarettes by manufacturers, distributors, or wholesalers in violation of requirements.
A manufacturer, distributor, wholesaler, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of §§34-49-2 to 34-49-7, inclusive, is subject to a civil penalty by the state fire marshal not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale. However, in no case may the penalty against any such person or entity exceed one hundred thousand dollars during any thirty-day period. Beginning on January 1, 2011, any person who sells or offers to sell cigarettes, other than through retail sale, that have not been marked as required by §34-49-9 is deemed to have knowingly sold or offered for sale such cigarettes in violation of §§34-49-2 to 34-49-7, inclusive.
Source:
SL 2009, ch 172, §10, eff. Jan. 1, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 49 - Cigarette Fire Safety Standards › Section 34-49-11 - Civil penalties for sales or offers for sale of cigarettes by retailers in violation of requirements.

34-49-11. Civil penalties for sales or offers for sale of cigarettes by retailers in violation of requirements.
A retailer who knowingly sells or offers to sell cigarettes in violation of §§34-49-2 to 34-49-7, inclusive, shall be subject to a civil penalty by the state fire marshal not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale. However, in no case may the penalty against any retailer exceed twenty-five thousand dollars for such sales or offers to sell during any thirty-day period. Beginning on January 1, 2011, a retailer who sells or offers to sell cigarettes that have not been marked as required by §34-49-9 is deemed to have knowingly sold or offered for sale such cigarettes in violation of §§34-49-2 to 34-49-7, inclusive.
Source:
SL 2009, ch 172, §11, eff. Jan. 1, 2011.