reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 2 - Legislature and Statutes › Chapter 16 - Codes And Compilations › Section 2-16-7.2 - Advertising for bids for publications.

2-16-7.2. Advertising for bids for publications.
The Code Commission may advertise for bids for the production of material authorized for publication by the Legislature including, but not limited to, bulk or other revisions, compilations and supplementations to the South Dakota code.
Source:
SL 1970, ch 18, §7.
2023 South Dakota Codified Laws › Title 2 - Legislature and Statutes › Chapter 16 - Codes And Compilations › Section 2-16-8 - Copyrights of material--Contract for use of state's copyright.

2-16-8. Copyrights of material--Contract for use of state's copyright.
The South Dakota Code Commission shall provide that the material authorized for publication by §2-16-6 will be copyrighted by the State of South Dakota, in the name of the State of South Dakota, to the extent permitted by federal copyright law. The commission may contract with printers, publishers, and computer retrieval companies for use of the state's copyright.
Source:
SL 1966, ch 239, §4 (2); SL 1988, ch 24, §7; SL 2021, ch 19, § 2.
2023 South Dakota Codified Laws › Title 2 - Legislature and Statutes › Chapter 16 - Codes And Compilations › Section 2-16-8.1 - Restriction on printing or distributing copyrighted material in code--Violation as misdemeanor.

2-16-8.1. Restriction on printing or distributing copyrighted material in code--Violation as misdemeanor.
Except as authorized by federal copyright law, no person may print or distribute copyrighted material from the South Dakota Codified Laws without the express authorization of the Code Commission. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1984, ch 10, §2; SL 1992, ch 158, §2; SL 1995, ch 14, §2.
2023 South Dakota Codified Laws › Title 2 - Legislature and Statutes › Chapter 16 - Codes And Compilations › Section 2-16-9 - Arrangement, correlation, and text changes in code.

2-16-9. Arrangement, correlation, and text changes in code.
The South Dakota Code Commission is hereby authorized to make such changes as may be necessary to correct apparent errors, to correlate and integrate all the laws to harmonize, to assign new title and other designations, to eliminate or clarify obviously obsolete or ambiguous sections that exist, and to substitute terms or phraseology, and names of boards, commissions, and agencies, wherever the Legislature has expressly or by implication indicated an intention to do so, so as to provide consistency in the law.
Source:
SL 1966, ch 239, §4 (4); SL 1967, ch 265.
2023 South Dakota Codified Laws › Title 2 - Legislature and Statutes › Chapter 16 - Codes And Compilations › Section 2-16-9.1 - Continuing authority of commission on assimilation of laws into code.

2-16-9.1. Continuing authority of commission on assimilation of laws into code.
The Code Commission shall have continuing authority to act as provided in §2-16-9 to assimilate laws of a permanent nature enacted in 1968 and subsequent sessions into the arrangement adopted in the South Dakota Compiled Laws of 1967.
Source:
SL 1969, ch 219, §4.
2023 South Dakota Codified Laws › Title 2 - Legislature and Statutes › Chapter 16 - Codes And Compilations › Section 2-16-10.1 - Additional powers of commission.

2-16-10.1. Additional powers of commission.
In addition to those set forth in this chapter, the Code Commission shall have the following powers and duties:
(1)To advise, assist, and consult with the code counsel regarding any function, power, or duty conferred by law upon said code counsel;
(2)To undertake such substantive or bulk revisions, compilations and supplements to the South Dakota code as may be directed by the Legislature or as may be incidental to the assistance of the code counsel as provided in subdivision (1) of this section;
(3)To make such recommendations to the Legislature as to the laws of this state as it shall determine to be necessary and desirable for the general improvement of this state's laws and to direct the code counsel to prepare such bills as are appropriate to implement such recommendations;
(4)To contract for replacement of volumes whenever such volumes, with the cumulative pocket parts, become too voluminous for practical use; and
(5)To do all things which are consistent with the purpose of this chapter and deemed necessary by it.
Source:
SL 1970, ch 18, §5.
2023 South Dakota Codified Laws › Title 2 - Legislature and Statutes › Chapter 16 - Codes And Compilations › Section 2-16-10.2 - South Dakota Codified Laws provided to Legislature--Codified Laws and Administrative Rules provided to legislators.

2-16-10.2. South Dakota Codified Laws provided to Legislature--Codified Laws and Administrative Rules provided to legislators.
The Code Commission shall provide the Legislature with sets of the South Dakota Codified Laws. The Code Commission may provide each legislator with a copy of the South Dakota Codified Laws, the Administrative Rules of South Dakota and other information in a digital format.
Source:
SL 1988, ch 24, §10; SL 2009, ch 18, §2; SL 2020, ch 11, § 9.
2023 South Dakota Codified Laws › Title 2 - Legislature and Statutes › Chapter 16 - Codes And Compilations › Section 2-16-12 - Supplements and revised volumes official after publication--Prima facie evidence of law--Citation.

2-16-12. Supplements and revised volumes official after publication--Prima facie evidence of law--Citation.
Upon the publication under the supervision of the South Dakota Code Commission, of any revised volume of, or supplement to, the code enacted by §2-16-13, such revision or supplement shall be in force as prima facie evidence of the laws contained therein, and may be cited as SDCL or as the code or South Dakota Codified Laws.
Source:
SL 1966, ch 239, §5; SL 1976, ch 31, §1; SL 1978, ch 23, §1.
2023 South Dakota Codified Laws › Title 2 - Legislature and Statutes › Chapter 16 - Codes And Compilations › Section 2-16-13 - Publications constituting official code.

2-16-13. Publications constituting official code.
The official code of laws of the State of South Dakota, which may be referred to as the code, consists of all the statutes of a general and permanent nature contained in:
(1)The 2018 revision of volume 1;
(2)The 2021 revision of volume 2;
(3)The 2021 revision of volume 2A;
(4)The 2021 revision of volume 3;
(5)The 2004 revision of volume 4;
(6)The 2004 revision of volume 5;
(7)The 2020 revision of volume 6;
(8)The 2020 revision of volume 7;
(9)The 2018 revision of volume 8;
(10)The 2018 revision of volume 9;
(11)The 2014 revision of volume 10;
(12)The 2014 revision of volume 10A;
(13)The 2014 revision of volume 11;
(14)The 2016 revision of volume 12;
(15)The 2004 revision of volume 13;
(16)The 2017 revision of volume 14;
(17)The 2016 revision of volume 15;
(18)The 2013 revision of volume 16;
(19)The 2016 revision of volume 17;
(20)The 2004 revision of volume 18;
(21)The 2011 revision of volume 19;
(22)The 2011 revision of volume 19A;
(23)The 2011 revision of volume 20;
(24)The 2013 revision of volume 21;
(25)The 2015 revision of volume 22;
(26)The 2015 revision of volume 22A;
(27)The 2022 revision of volume 23;
(28)The 2022 revision of volume 24;
(29)The 2004 revision of volume 25;
(30)The 2022 revision of volume 26;
(31)The 2007 revision of volume 27;
(32)The 2004 revision of volume 28;
(33)The 2017 revision of volume 29;
(34)The 2012 revision of volume 30;
(35)The 2012 revision of volume 31;
(36)The 2019 revision of volume 32;
(37)The 2019 revision of volume 33;
(38)The 2015 revision of volume 34;
(39)The 2004 revision of the Parallel Tables volume;
(40)The December 2022 Interim Update Service of the South Dakota Codified Laws beginning with Title 1, chapter 1-1 and ending with Title 62, chapter 62-9; and
(41)The 2022 cumulative annual pocket parts.
Source: SL 1970, ch 17, §1; SL 1972, ch 14, §2; SL 1974, ch 28, §2; SL 1975, ch 27, §2; SL 1976, ch 29, §1; SL 1977, ch 25, §1; SL 1978, ch 23, §2; SL 1979, ch 17, §1; SL 1980, ch 25, §1; SL 1981, ch 19, §1; SL 1982, ch 27, §1; SL 1983, ch 11, §1; SL 1984, ch 18, §1; SL 1985, ch 18, §1; SL 1986, ch 26, §1; SL 1987, ch 28, §1; SL 1988, ch 26, §1; SL 1989, ch 31, §1; SL 1990, ch 29, §1; SL 1991, ch 25, §1; SL 1992, ch 25, §1; SL 1993, ch 33, §1; SL 1994, ch 30, §1; SL 1995, ch 15, §1; SL 1996, ch 23, §1; SL 1997, ch 22, §1; SL 1998, ch 12, §1; SL 1999, ch 10, §1; SL 2000, ch 22, §1; SL 2001, ch 20, §1; SL 2002, ch 20, §1; SL 2003, ch 22, §1; SL 2004, ch 31, §1; SL 2005, ch 23, §1; SL 2006, ch 14, §1; SL 2007, ch 18, §1; SL 2008, ch 18, §1; SL 2009, ch 19, §1; SL 2010, ch 18, §1; SL 2011, ch 18, §1; SL 2012, ch 22, §1; SL 2013, ch 18, §1; SL 2014, ch 16, §1; SL 2015, ch 19, §1; SL 2016, ch 29, §1; SL 2017, ch 21, §1; SL 2018, ch 31, §1; SL 2019, ch 16, §1; SL 2020, ch 9, §1; SL 2021, ch 20, §1; SL 2022, ch 10, §1; SL 2023, ch 12, §1.
2023 South Dakota Codified Laws › Title 2 - Legislature and Statutes › Chapter 16 - Codes And Compilations › Section 2-16-13.1 - Editorial material and appendices excluded from official code.

2-16-13.1. Editorial material and appendices excluded from official code.
The code does not include:
(1)Material set off by overstrikes to show the effect of legislative deletions;
(2)Prefatory subject matter, analyses, catchlines, notes, annotations, appendices, references, tables, and indices;
(3)The list of forms appearing as an appendix to chapters 15-6 and 15-26A and to Title 23A;
(4)The rules of procedure of the judicial qualifications commission appearing as an appendix to chapter 16-1A;
(5)The code of judicial conduct appearing as an appendix to chapter 16-2;
(6)The Rules of Professional Conduct appearing as an appendix to chapter 16-18;
(7)The regulations of the board of bar examiners appearing as an appendix to chapter 16-16; and
(8)The standards of title appearing as an appendix to chapter 43-30.
Source:
SL 1984, ch 18, §2; SL 1989, ch 30, §9.
2023 South Dakota Codified Laws › Title 2 - Legislature and Statutes › Chapter 16 - Codes And Compilations › Section 2-16-14 - Code as continuation of prior law.

2-16-14. Code as continuation of prior law.
The provisions of this code, so far as they are the same as those of existing laws, shall be construed as a continuation of those laws and not as new enactments.
Source:
SL 1970, ch 17, §3.
2023 South Dakota Codified Laws › Title 2 - Legislature and Statutes › Chapter 16 - Codes And Compilations › Section 2-16-15 - Invalid laws not validated by codification.

2-16-15. Invalid laws not validated by codification.
No provision of the code enacted by §2-16-13, as to which any action or proceeding, civil or criminal, has been commenced prior to July 1, 2023, to determine whether or not such provision was constitutionally enacted, is validated by the enactment of this code.
The enactment of the code:
(1)Does not affect the validity of any transaction;
(2)Does not impair the curative or legalizing effect of any statute; and
(3)Does not release or extinguish any penalty, confiscation, forfeiture, or liability; which accrued, occurred, or took effect prior to the time the code took effect.
Source: SL 1970, ch 17, §3; SL 1972, ch 14, §3; SL 1974, ch 28, §3; SL 1975, ch 27, §3; SL 1976, ch 29, §2; SL 1977, ch 25, §2; SL 1978, ch 23, §3; SL 1979, ch 17, §2; SL 1980, ch 25, §2; SL 1981, ch 19, §2; SL 1982, ch 27, §2; SL 1983, ch 11, §2; SL 1984, ch 18, §3; SL 1985, ch 18, §2; SL 1986, ch 26, §2; SL 1987, ch 28, §2; SL 1988, ch 26, §2; SL 1989, ch 31, §2; SL 1990, ch 29, §2; SL 1991, ch 25, §2; SL 1992, ch 25, §2; SL 1993, ch 33, §2; SL 1994, ch 30, §2; SL 1995, ch 15, §2; SL 1997, ch 22, §2; SL 1998, ch 12, §2; SL 1999, ch 10, §2; SL 2000, ch 22, §2; SL 2001, ch 20, §2; SL 2002, ch 20, §2; SL 2003, ch 22, §2; SL 2004, ch 31, §2; SL 2005, ch 23, §2; SL 2006, ch 14, §2; SL 2007, ch 18, §2; SL 2008, ch 18, §2; SL 2009, ch 19, §2; SL 2010, ch 18, §2; SL 2011, ch 18, §2; SL 2012, ch 22, §2; SL 2013, ch 18, §2; SL 2014, ch 16, §2; SL 2015, ch 19, §2; SL 2016, ch 29, §2; SL 2017, ch 21, §2; SL 2018, ch 31, §2; SL 2019, ch 16, §2; SL 2020, ch 9, §2; SL 2021, ch 20, §2; SL 2022, ch 10, §2; SL 2023, ch 12, §2.
2023 South Dakota Codified Laws › Title 2 - Legislature and Statutes › Chapter 16 - Codes And Compilations › Section 2-16-16 - Statutes enacted at latest legislative session prevail over code--Citation of codified laws.

2-16-16. Statutes enacted at latest legislative session prevail over code--Citation of codified laws.
All statutes, other than this code, enacted at the 2023 session of the Legislature shall be deemed to have been enacted subsequently to the enactment of this code. If any statute repeals, amends, contravenes, or is inconsistent with the provisions of this code, the provisions of the statute shall prevail. Any enactment in the 2023 session of the Legislature that cites South Dakota Codified Laws for the purpose of amendment or repeal shall be construed as having reference to the code enacted by §2-16-13.
Source: SDC 1939, §65.0202(23); SDCL §2-14022; SL 1970, ch 17, §4; SL 1972, ch 14, §4; SL 1974, ch 28, §4; SL 1975, ch 27, §4; SL 1976, ch 29, §3; SL 1977, ch 25, §3; SL 1978, ch 23, §4; SL 1979, ch 17, §3; SL 1980, ch 25, §3; SL 1981, ch 19, §3; SL 1982, ch 27, §3; SL 1983, ch 11, §3; SL 1984, ch 18, §4; SL 1985, ch 18, §3; SL 1986, ch 26, §3; SL 1987, ch 28, §3; SL 1988, ch 26, §3; SL 1989, ch 31, §3; SL 1990, ch 29, §3; SL 1991, ch 25, §3; SL 1992, ch 25, §3; SL 1993, ch 33, §3; SL 1994, ch 30, §3; SL 1995, ch 15, §3; SL 1996, ch 23, §2; SL 1997, ch 22, §3; SL 1998, ch 12, §3; SL 1999, ch 10, §3; SL 2000, ch 22, §3; SL 2001, ch 20, §3; SL 2002, ch 20, §3; SL 2003, ch 22, §3; SL 2004, ch 31, §3; SL 2005, ch 23, §3; SL 2006, ch 14, §3; SL 2007, ch 18, §3; SL 2008, ch 18, §3; SL 2009, ch 19, §3; SL 2010, ch 18, §3; SL 2011, ch 18, §3; SL 2012, ch 22, §3; SL 2013, ch 18, §3; SL 2014, ch 16, §3; SL 2015, ch 19, §3; SL 2016, ch 29, §3; SL 2017, ch 21, §3; SL 2018, ch 31, §3; SL 2019, ch 16, §3; SL 2020, ch 9, §3; SL 2021, ch 20, §3; SL 2022, ch 10, §3; SL 2023, ch 12, §3.
2023 South Dakota Codified Laws › Title 2 - Legislature and Statutes › Chapter 16 - Codes And Compilations › Section 2-16-17 - Official copy of code of laws--Certification.

2-16-17. Official copy of code of laws--Certification.
A copy of the code of laws enacted by §2-16-13 shall be kept in the Office of the Secretary of State, to which copy that officer shall affix a certificate, under her hand and the seal of the state, that the laws therein contained are the statute laws of the State of South Dakota; and that certified copy shall be an authentic record of those laws.
Source:
SL 1970, ch 17, §5; SL 1972, ch 14, §5; SL 1974, ch 28, §5; SL 1975, ch 27, §5.
2023 South Dakota Codified Laws › Title 2 - Legislature and Statutes › Chapter 16 - Codes And Compilations › Section 2-16-18 - Citation of code.

2-16-18. Citation of code.
The code enacted into law by §2-16-13, and as hereafter amended and supplemented and printed and published pursuant to law, shall be known as the South Dakota Codified Laws and may be cited as "SDCL" followed by the number of the title, chapter, or section, as appropriate.
Source:
SL 1970, ch 17, §6; SL 1976, ch 31, §2.
2023 South Dakota Codified Laws › Title 2 - Legislature and Statutes › Chapter 16 - Codes And Compilations › Section 2-16-19 - Publication of code on computer media.

2-16-19. Publication of code on computer media.
The Code Commission may publish and sell, or contract with the publisher of the printed code, or others, exclusively or not exclusively, for the publication and sale of, with or without compensation, the South Dakota Codified Laws on media which can be read by data processing equipment, including magnetic tapes and disks and CD-ROM discs.
Any publication made by the Code Commission authorized by this section shall be distributed by the Bureau of Administration at prices set by the Code Commission, which shall include mailing costs.
The commission may also authorize, and set the price for, private searches on the commission's statute and administrative rules data bases on the state's mainframe computer.
Source:
SL 1991, ch 26.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 01 - Qualification And Terms Of Office › Section 3-1-1 - Officers to qualify as provided by chapters--Reelected incumbents.

3-1-1. Officers to qualify as provided by chapters--Reelected incumbents.
Except when otherwise expressly provided all civil officers shall qualify substantially in the manner and form prescribed by this chapter and chapter 3-5. When the incumbent of an office is reelected he shall qualify as required in such chapters.
Source:
PolC 1877, ch 5, §§1, 13; CL 1887, §§1370, 1383; RPolC 1903, §§1787, 1800; RC 1919, §§7024, 7037; SDC 1939, §§48.0301, 48.0316.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 01 - Qualification And Terms Of Office › Section 3-1-1.1 - Draft registration compliance required for hiring.

3-1-1.1.Draft registration compliance required for hiring.
No person who is required by the Military Selective Service Act, 50 U.S. C. §453, as amended and in effect on January 1, 2012, to register with the selective service system and who has not done so, may be hired by the state or a county, township, municipality, school district, or any other governmental unit or department in any capacity.
Source:
SL 1988, ch 159, §3; SL 2012, ch 23, §9.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 01 - Qualification And Terms Of Office › Section 3-1-2 - Time of commencement of term of office.

3-1-2. Time of commencement of term of office.
Except as otherwise expressly provided, all state, district, and county officers shall qualify and enter upon the duties of their office on the first Monday of January succeeding their election or within twenty days thereafter. However, a state officer may qualify and enter upon the duties of office on the Saturday immediately preceding the second Tuesday of January that succeeds the state officer's election.
Source:
CL 1887, §1380; SL 1897, ch 109, §1; RPolC 1903, §1797; RC 1919, §7033; SDC 1939, §48.0312; SL 2018 (SS), ch 1, §1, eff. Dec. 12, 2018.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 01 - Qualification And Terms Of Office › Section 3-1-3 - Time allowed for qualification after decision of contest or removal of obstruction.

3-1-3. Time allowed for qualification after decision of contest or removal of obstruction.
If there is a contest for such office, or if the person elected to such office is prevented or obstructed in any manner from entering upon the duties of such office, the time prescribed in which he shall qualify and enter upon the duties of his office shall not govern, and he shall be allowed twenty days after the day of such decision or the termination of such preventing or obstructing cause in which to qualify.
Source:
SL 1874-5, ch 73, §2; PolC 1877, ch 5, §11; CL 1887, §1381; RPolC 1903, §1798; RC 1919, §7034; SDC 1939, §48.0313.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 01 - Qualification And Terms Of Office › Section 3-1-5 - Oath of office for civil officers--Bond.

3-1-5. Oath of office for civil officers--Bond.
Every person elected or appointed to any civil office shall, before entering upon the duties thereof, qualify by taking an oath or affirmation to support the Constitution of the United States and of this state, and faithfully to discharge the duties of his office, naming it; and by giving a bond, when one is required, conditioned that he will faithfully and impartially discharge the duties of his office, naming it, and render a true account of all money, credits, accounts, and public personal property requiring inventory, as defined in rules issued by the commissioner of the bureau of administration, that shall come into his hands as such officer, and pay over and deliver the same according to law.
Source:
PolC 1877, ch 5, §§2 to 4; CL 1887, §1371; RPolC 1903, §§1788, 1789; RC 1919, §7025; SDC 1939, §48.0302; SL 1974, ch 55, §1; SL 1975, ch 32.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 01 - Qualification And Terms Of Office › Section 3-1-8 - Acting as officer without qualifying as misdemeanor--Validity of acts of de facto officer.

3-1-8. Acting as officer without qualifying as misdemeanor--Validity of acts of de facto officer.
Every person who executes any of the functions of a public office without having taken and duly filed the required oath of office, or without having executed and duly filed the required security, is guilty of a Class 2 misdemeanor; and in addition to the punishment prescribed therefor, he forfeits his right to the office. Nothing in this section shall be construed to affect the validity of acts done by a person exercising the functions of a public office in fact, where other persons than himself are interested in maintaining the validity of such acts.
Source:
PenC 1877, §§96, 97; CL 1887, §§6296, 6297; RPenC 1903, §§101, 102; RC 1919, §§3684, 3685; SDC 1939, §13.1102; SL 1980, ch 24, §30.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 01 - Qualification And Terms Of Office › Section 3-1-9 - Falsely pretending to be public officer as misdemeanor.

3-1-9. Falsely pretending to be public officer as misdemeanor.
Every person who shall falsely assume or pretend to be any public executive or administrative officer, or who shall knowingly take upon himself to act as such, or to require any person to act as such, or assist him in any matter pertaining to such office, is guilty of a Class 1 misdemeanor.
Source:
PenC 1877, §98; CL 1887, §6298; RPenC 1903, §103; RC 1919, §3686; SDC 1939, §13.1105; SL 1980, ch 24, §31.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 01 - Qualification And Terms Of Office › Section 3-1-10 - Definitions.

3-1-10. Definitions.
The terms "office," "officer," "executive," and "administrative," when used in §3-1-8 or 3-1-9 mean and apply to any executive or administrative officer of the state; to any county, municipality, township, or school district; and to any district, board, bureau, commission, department, or other body or office, exercising executive or administrative powers as part of the government, or any arm of the government, of the state. The terms "executive" and "administrative" apply interchangeably to any or all of said offices.
Source:
SL 1985, ch 15, §13; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 01A - Officers Statements Of Financial Interest › Section 3-1A-1 - Definition of terms.

3-1A-1. Definition of terms.
Terms used in this chapter mean:
(1)"Any member of the individual's immediate family," a spouse or minor children living at home;
(2)"Close economic interest," any enterprise that, in the calendar year preceding the filing of any statement of financial interest under this chapter, contributes more than ten percent of or more than two thousand dollars to the gross income of the family, including the individual required to file the statement and any member of the individual's immediate family. The term also includes any enterprise in which the individual or any member of the individual's immediate family controls more than ten percent of the capital or stock;
(3)"Enterprise," any business or economic relationship;
(4)"Statement of financial interest," a description of the type of financial activity and the nature of the association with any enterprise as defined in this section.
Source:
SL 1974, ch 121, §1; SL 2010, ch 19, §2; SL 2017, ch 23, §7.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 01A - Officers Statements Of Financial Interest › Section 3-1A-2 - Additions and corrections filed on assumption of elective state office.

3-1A-2. Additions and corrections filed on assumption of elective state office.
Any person who assumes the Office of Governor, lieutenant governor, state treasurer, attorney general, secretary of state, state auditor, commissioner of school and public lands, Public Utilities Commissioner, Supreme Court justice, circuit court judge, or state legislator shall, within fifteen days after the person assumes office, file a statement of financial interest setting forth any additions or corrections to any previous statement of financial interest filed pursuant to §12-25-28 or 12-25-29.
Source:
SL 1974, ch 121, §5; SL 2017, ch 23, §1; SL 2019, ch 20, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 01A - Officers Statements Of Financial Interest › Section 3-1A-3 - Statements required of appointive state officers.

3-1A-3. Statements required of appointive state officers.
Any gubernatorial appointee for whom Senate confirmation is required shall file with the secretary of state a statement of financial interest before confirmation.
Source:
SL 1974, ch 121, §6; SL 2010, ch 19, §3.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 01A - Officers Statements Of Financial Interest › Section 3-1A-4 - Additions and corrections filed on assumption of elective local office.

3-1A-4. Additions and corrections filed on assumption of elective local office.
Any person who assumes the office of a county commissioner, school board member of a school district with a total enrollment of more than two thousand students, or commissioner, councilman, or mayor in municipalities of the first class, shall, within fifteen days after the person assumes office, file a statement of financial interest setting forth any additions or corrections to any previous statement of financial interest filed pursuant to §12-25-30.
Source:
SL 1974, ch 121, §7; SL 1977, ch 68, §13; SL 1992, ch 60, §2; SL 2017, ch 23, §2; SL 2019, ch 20, §2.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 01A - Officers Statements Of Financial Interest › Section 3-1A-5 - Forms provided--Value not required--Verification--Open to public inspection.

3-1A-5. Forms provided--Value not required--Verification--Open to public inspection.
The secretary of state shall prescribe and provide forms for the reporting of close economic interest. The value of a close economic interest need not be reported. Each individual filing a statement of financial interest shall subscribe to an oath or affirmation verifying the contents of the statement. All statements of financial interest shall be open to public inspection, except pursuant to §3-1A-5.1.
Source:
SL 1974, ch 121, §§8 to 10; SL 2022, ch 11, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 01A - Officers Statements Of Financial Interest › Section 3-1A-5.1 - Certain personally identifiable information of judicial officers not a public record.

3-1A-5.1. Certain personally identifiable information of judicial officers not a public record.
Any personally identifiable information of a circuit court judge or justice of the Supreme Court contained in a statement of financial interest filed pursuant to this chapter is not open to public inspection. For purposes of this section, the term, personally identifiable information, means any home address, home or personal telephone number, or personal e-mail address. The county of residence of the circuit court judge or justice is a public record.
Source:
SL 2022, ch 11, §2, eff. Feb. 14, 2022.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 01A - Officers Statements Of Financial Interest › Section 3-1A-6 - Violation as misdemeanor or petty offense.

3-1A-6. Violation as misdemeanor or petty offense.
Any person who violates any of the provisions of this chapter commits a petty offense. However, any person who intentionally violates any provision of this chapter is guilty of a Class 2 misdemeanor.
Source:
SL 1974, ch 121, §11; SL 1980, ch 24, §32; SL 2010, ch 19, §4.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 02 - Deputies And Assistants › Section 3-2-1 - Appointment of deputy to be in writing--Revocation--Filing.

3-2-1. Appointment of deputy to be in writing--Revocation--Filing.
The appointment of every deputy must be in writing and shall be revocable in writing at the pleasure of the principal, and all such appointments and revocations shall be filed as and where required for the bond and oath of the principal.
Source:
SL 1872-3, ch 49, §1; SL 1874-5, ch 27, §37; PolC 1877, ch 6, §1; CL 1887, §1397; SL 1891, ch 108, §1; RPolC 1903, §1816; RC 1919, §7045; SDC 1939, §48.0401.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 02 - Deputies And Assistants › Section 3-2-2 - Dual offices to be avoided in appointment of deputies.

3-2-2. Dual offices to be avoided in appointment of deputies.
No state officer may appoint as a deputy any other state or district officer. No state treasurer may appoint as a deputy any county treasurer, register of deeds, sheriff, or county commissioner.
Source:
PolC 1877, ch 6, §4; CL 1887, §1400; RPolC 1903, §1819; RC 1919, §7047; SDC 1939, §48.0403; SL 1969, ch 195; SL 2010, ch 19, §5.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 02 - Deputies And Assistants › Section 3-2-3 - Oath required of deputies and assistants.

3-2-3. Oath required of deputies and assistants.
Each deputy or assistant shall take and subscribe the same oath as his or her principal, naming the deputyship. The oath shall be endorsed upon and filed with the deputy's or assistant's certificate of appointment.
Source:
PolC 1877, ch 6, §3; CL 1887, §1399; RPolC 1903, §1818; RC 1919, §7046; SDC 1939, §48.0402; SL 2010, ch 19, §6.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 02 - Deputies And Assistants › Section 3-2-4 - Bond required of deputies and assistants.

3-2-4. Bond required of deputies and assistants.
Unless otherwise expressly provided, each officer required to give bond may require a bond from the officer's deputy or assistant in a penal sum not greater than half the penal sum of the officer's own bond. The officer may retain the deputy's or assistant's bond for the officer's own protection.
Source:
SL 1872-3, ch 49, §1; SL 1874-5, ch 27, §37; PolC 1877, ch 6, §1; CL 1887, §1397; SL 1891, ch 108, §1; RPolC 1903, §1816; RC 1919, §7045; SDC 1939, §48.0401; SL 2010, ch 19, §7.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 03 - Veterans Preference In Employment › Section 3-3-1 - Veterans preferred in public employment--Age or physical impairment not disqualifying--Veterans with service-connected disabilities preferred .

3-3-1. Veterans preferred in public employment--Age or physical impairment not disqualifying--Veterans with service-connected disabilities preferred .
In all public departments and subdivisions and upon all public works of this state and of the counties, municipalities, and school districts of this state, any veteran, as defined in §33A-2-1, who is a citizen of the United States, shall receive preference for appointment, employment, and promotion. Age, loss of limb, or other physical impairment which does not in fact incapacitate does not disqualify the veteran if the veteran possesses the qualifications and business capacity necessary to discharge the duties of the position involved. A veteran who has a service-connected disability shall be given a preference over a nondisabled veteran. In order to determine if the veterans' preference applies, each applicant for employment under this chapter shall complete an employment application on which the applicant is asked if the applicant is a veteran as defined by §33A-2-1.
Source:
SL 1935, ch 188, §§1, 2; SL 1937, ch 227, §1; SDC 1939, §§41.0501, 41.0502; SL 1939, ch 159, §1; SL 1943, ch 147, §1; SL 1951, ch 214, §1; SDC Supp 1960, §41.0508; SL 1980, ch 27, §1; SL 1992, ch 60, §2; SL 2010, ch 19, §8; SL 2011, ch 1 (Ex. Ord. 11-1), §20, eff. Apr. 12, 2011; SL 2015, ch 20, §1; SL 2015, ch 21, §1; SL 2016, ch 30, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 03 - Veterans Preference In Employment › Section 3-3-2 - Investigation and interview of veteran applicants.

3-3-2. Investigation and interview of veteran applicants.
If a veteran as defined in §33A-2-1 applies for appointment for employment under this chapter, the officer, board, or person whose duty it is to appoint or employ some person to fill the position shall investigate the qualifications of the applicant. If the applicant possesses at least the minimum qualifications necessary to fill the position, the officer, board, or person shall interview the applicant.
Source:
SL 1935, ch 188, §3; SDC 1939, §41.0503; SL 2010, ch 19, §9; SL 2011, ch 1 (Ex. Ord. 11-1), §20, eff. Apr. 12, 2011; SL 2016, ch 30, §2.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 03 - Veterans Preference In Employment › Section 3-3-3 - Mandamus available to enforce veterans' preference.

3-3-3. Mandamus available to enforce veterans' preference.
A refusal to allow the preference provided for in this chapter, or a reduction of the salary for the position with intent to bring about the resignation or discharge of the incumbent, entitles the applicant or incumbent to maintain an action of mandamus to right the wrong.
Source:
SL 1935, ch 188, §4; SDC 1939, §41.0504; SL 2010, ch 19, §10.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 03 - Veterans Preference In Employment › Section 3-3-4 - Restrictions on removal of veteran from employment--Hearing and review--Burden of proof.

3-3-4. Restrictions on removal of veteran from employment--Hearing and review--Burden of proof.
No person holding a public position by appointment or employment, and belonging to any of the classes of persons to whom a preference is granted pursuant to this chapter, may be removed from the position or employment unless replaced by another person of a class to whom such preference is granted. However, the person may be removed for incompetency or misconduct shown after a hearing, upon due notice, upon stated charges, and with the right of the employee or appointee to a review by writ of certiorari. The burden of proving incompetency or misconduct rests upon the party alleging the incompetency or misconduct.
Source:
SL 1935, ch 188, §§5, 6; SL 1937, ch 227, §2; SDC 1939, §§41.0505, 41.0506; SL 2010, ch 19, §11.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 03 - Veterans Preference In Employment › Section 3-3-5 - Noncompliance as misdemeanor.

3-3-5. Noncompliance as misdemeanor.
Any person in the public service who neglects or refuses to comply with the provisions of this chapter is guilty of a Class 1 misdemeanor.
Source:
SL 1935, ch 188, §8; SDC 1939, §41.9903; SL 1980, ch 24, §33; SL 2010, ch 19, §12.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 03 - Veterans Preference In Employment › Section 3-3-6 - Confidential and policy-making positions exempt from chapter.

3-3-6. Confidential and policy-making positions exempt from chapter.
Nothing in this chapter applies to department heads, to policy-forming officials, to the position of private secretary of any official or department, or to any person holding a strictly confidential relation to the appointing officer.
Source:
SL 1935, ch 188, §7; SDC 1939, §41.0507; SL 1939, ch 159, §2; SL 1943, ch 147, §2; SL 1951, ch 214, §2; SDC Supp 1960, §41.0508; SL 2010, ch 19, §13.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 03 - Veterans Preference In Employment › Section 3-3-7 - Unmarried spouse of deceased veteran--Entitlement to preference under certain conditions.

3-3-7. Unmarried spouse of deceased veteran--Entitlement to preference under certain conditions.
The unmarried spouse of a veteran who died while in service, or later died from a service connected cause, is entitled to the preferences given to the veteran in §3-3-1 if the spouse possesses the qualifications and business capacity necessary to discharge the duties of the position involved.
Source:
SL 1980, ch 27, §2; SL 2010, ch 19, §14.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 03 - Veterans Preference In Employment › Section 3-3-8 - Spouse of disabled veteran--Entitlement to preference under certain conditions.

3-3-8. Spouse of disabled veteran--Entitlement to preference under certain conditions.
If a veteran disabled due to a service connected cause is unable to exercise the right to a veteran employment preference due to the disability, the veteran's spouse is entitled to the preferences given in §3-3-1 if the spouse possesses the qualifications and business capacity necessary to discharge the duties of the position involved.
Source:
SL 1980, ch 27, §3; SL 2010, ch 19, §15.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 03 - Veterans Preference In Employment › Section 3-3-9 - Distribution of information about state laws on veterans' preference in employment.

3-3-9. Distribution of information about state laws on veterans' preference in employment.
Beginning on July 1, 2016, the Department of Veterans Affairs shall create informative materials about current state laws pertaining to veterans' preference in employment to be both posted on the Department of Veterans Affairs website for public access and for distribution by the council and its member organizations.
Source:
SL 2016, ch 30, §3; SL 2020, ch 140, § 2.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 04 - Vacancies In Office › Section 3-4-1 - Events causing vacancy in office.

3-4-1. Events causing vacancy in office.
An office becomes vacant if one of the following events applies to a member of a governing body or elected officer before the expiration of the term of the office; the person:
(1)Dies;
(2)Resigns;
(3)Is removed from office;
(4)Fails to qualify as provided by law;
(5)Ceases to be a resident of the state, district, county, municipality, township, ward, or precinct in which the duties of the office are to be exercised or for which elected;
(6)Is convicted of any infamous crime or of any offense involving a violation of the official oath of the office; or
(7)Has a judgment obtained against the person for a breach of an official bond.
Source:
SL 1864-5, ch 12, §2; PolC 1877, ch 22, §2; CL 1887, §1385; RPolC 1903, §1802; RC 1919, §7007; SDC 1939, §48.0101; SL 2015, ch 22, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 04 - Vacancies In Office › Section 3-4-2 - Resignation of office--To whom made.

3-4-2. Resignation of office--To whom made.
Resignations may be made as follows:
(1)Of all state and district officers, either elective or appointive, to the Governor;
(2)Of all members of the Legislature to the presiding officer of its branches respectively when in session, and when not in session to the Governor; and when made to the presiding officer he shall at once notify the Governor;
(3)Of all officers of the Legislature to the respective branches thereof;
(4)Of all elective county officers, by filing with the county auditor such resignation in writing, which shall be filed or deposited with the board of county commissioners, which resignation unless a different time is fixed therein shall take effect upon such filing;
(5)Of officers of civil township to the board of supervisors of the township, except of members of such board, which shall be to the township clerk; and notice shall forthwith be given by the township clerk to the county auditor of the resignation of all officers whose bonds are filed with that officer;
(6)Of all officers holding office by appointment to the body, board, court, or officer that appointed them.
Source:
SL 1864-5, ch 12, §2; PolC 1877, ch 22, §1; CL 1887, §1386; SL 1881, ch 137, §1; RPolC 1903, §1803; RC 1919, §7008; SDC 1939, §48.0102; SL 1974, ch 55, §2.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 04 - Vacancies In Office › Section 3-4-3 - Appointments to fill vacancies--By whom made.

3-4-3. Appointments to fill vacancies--By whom made.
All vacancies, except in the office of a member of the Legislature, representative in Congress, and United States Senator, shall be filled by appointment, as follows:
(1)The attorney general, secretary of state, state auditor, state treasurer, and commissioner of school and public lands, by the Governor with the advice and consent of the Senate. However, if a vacancy occurs in any of the offices listed in this subdivision while the Legislature is in recess, the Governor shall make a temporary appointment until the next session of the Legislature;
(2)In other state and district offices, and the Office of Supreme Court Justice and Circuit Judge, by the Governor;
(3)In county and precinct offices, by the board of county commissioners, except vacancies on such board;
(4)In civil township offices, by the board of supervisors or a majority of them, by warrant under their hands; and if a vacancy occurs from any cause in the foregoing board of appointment the remaining officers of such board shall fill any vacancy therein; and
(5)In special purpose districts, unless otherwise provided, by the remaining board of trustees.
Source:
SDC 1939, §48.0103; SL 1974, ch 153, §1; SL 2002, ch 144, §9; SL 2021, ch 21, § 1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 04 - Vacancies In Office › Section 3-4-4 - Filling vacancies in board of county commissioners.

3-4-4. Filling vacancies in board of county commissioners.
When a vacancy occurs in the board of county commissioners, it shall be the duty of the remaining member or members of such board to appoint immediately some suitable person to fill such vacancy from the district where the vacancy occurs. If there be an even number of county commissioners remaining on the board of county commissioners, the county auditor shall be called in and shall act as a member of such board to fill such vacancy.
Source:
SL 1874-5, ch 57, §53; PolC 1877, ch 22, §9; SL 1885, ch 148, §1; CL 1887, §1393; RPolC 1903, §1812; RC 1919, §7018; SDC 1939, §48.0104; SL 1967, ch 236; SL 1974, ch 55, §3.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 04 - Vacancies In Office › Section 3-4-5 - Vacancies occurring immediately prior to election.

3-4-5. Vacancies occurring immediately prior to election.
If a vacancy occurs within thirty days preceding an election day at which it may be filled, no appointment shall be made unless it be necessary to carry out such election and the canvass of the same according to law; in that case an appointment may be made at any time previous to such election to hold until after such election or until a successor is elected and qualified.
Source:
SL 1864-5, ch 12, §4; PolC 1877, ch 22, §10; CL 1887, §1394; RPolC 1903, §1813; RC 1919, §7019; SDC 1939, §48.0105.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 04 - Vacancies In Office › Section 3-4-6 - Appointments in writing--Duration of appointment--Filling of vacancies--Office where filed.

3-4-6. Appointments in writing--Duration of appointment--Filling of vacancies--Office where filed.
Appointments to state offices shall be made in writing and shall continue for the remainder of the unexpired term of office. Unless otherwise provided by law, all other appointments shall be made in writing and shall continue until the next general election and until a successor is elected and qualified. A vacancy must occur prior to May first in an even-numbered year, other than in a year when the term of office would normally expire, for the office to be filled by election for the remainder of the unexpired term. Any person elected to an office that was previously vacant shall take office in the year following the election on the day of that year when a full term for that office would normally commence.
Appointments to state offices shall be filed with the secretary of state. Appointments to county offices shall be filed in the office of the county auditor and entered in the minutes of the commissioners' proceedings.
Source:
SDC 1939, §48.0106; SL 1984, ch 19; SL 1994, ch 31; SL 2001, ch 21, §1; SL 2002, ch 74, §3.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 04 - Vacancies In Office › Section 3-4-7 - Qualification by persons appointed to fill vacancies.

3-4-7. Qualification by persons appointed to fill vacancies.
Persons appointed to offices as herein provided shall qualify in the same manner as is required of those elected, the time of which shall be prescribed in their appointment.
Source:
SL 1864-5, ch 12, §6; PolC 1877, ch 22, §12; CL 1887, §1396; RPolC 1903, §1815; RC 1919, §7021; SDC 1939, §48.0107.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 04 - Vacancies In Office › Section 3-4-8 - Temporary resignation for members of National Guard or reserves--Notice--Temporary replacement--Length of term.

3-4-8. Temporary resignation for members of National Guard or reserves--Notice--Temporary replacement--Length of term.
If any member of a governing body of a county, municipality, school district, township, or special purpose district, who is also a member of the South Dakota National Guard or another reserve component of the armed forces of the United States, is called into active duty which causes the member to be unable to attend meetings of the governing body, the member may elect to temporarily resign from the governing body. Notice of temporary resignation may be given in the same manner as giving notice of resignation from such governing body. A temporary replacement may be made in accordance with the provisions of statute applying to the governing body. The temporary member shall serve until the member returns from active duty or until the expiration of the member's term, whichever occurs first.
Source:
SL 2003, ch 23, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 04 - Vacancies In Office › Section 3-4-9 - Temporary resignation of elected official--Notice--Temporary replacement--Length of term.

3-4-9. Temporary resignation of elected official--Notice--Temporary replacement--Length of term.
If any member of a governing body or any other elected officer of a county, municipality, school district, township, or special purpose district, who is incapacitated by illness or an accident which causes the member or officer to be unable to attend meetings of the governing body or fulfill the duties of the office, the member may elect to temporarily resign from the governing body or office. Notice of temporary resignation may be given in the same manner as giving notice of resignation from the governing body or office. If the member or officer is unable to give notice, the member's or officer's spouse or guardian or any person who has durable power of attorney for the member or officer may give notice of resignation. A temporary replacement may be made in accordance with the provisions of statute applying to the governing body or office. The temporary member or officer shall serve until the member or officer is able to fulfill the requirements of office or until the expiration of the member's or officer's term, whichever comes first.
Source:
SL 2004, ch 32, §1.