reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-19 - State system of rural fire protection routings.

34-31A-19. State system of rural fire protection routings.
The Department of Public Safety, with the advice and cooperation of the South Dakota Firemen's Association may establish a system of rural routings which shall be as uniform as is practicable throughout the state, for the purpose of aiding rural fire-fighting equipment and other emergency vehicles in locating and arriving quickly at the scene of a fire or other emergency within any area which they might logically be called upon to serve.
Source:
SL 1971, ch 208, §16; SL 2003, ch 272, §§20, 121.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-20 - Preparation of annual budget--Certification of estimated tax levy.

34-31A-20. Preparation of annual budget--Certification of estimated tax levy.
The board of directors shall:
(1)Prepare an annual budget of the expenditures necessary to carry out the general fire protection program for the district. Grants, resources of fire departments within the district, and other revenues shall be considered by the board when preparing the revenues available to fund the district's budget;
(2)Annually certify an estimated tax levy request in dollars to the proper county auditor in the manner provided by §34-31A-21. The estimated tax levy request shall be determined by subtracting the grants, resources of fire departments within the district, and other revenues from the prepared budget.
Source:
SL 1971, ch 208, §6 (2), (3); SL 1994, ch 279.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-21 - Certification of budget estimates to county auditor--Tax levy.

34-31A-21. Certification of budget estimates to county auditor--Tax levy.
The president and secretary shall certify the estimate provided by §34-31A-20 to the proper county auditor or county auditors, on or before October first of each year. The auditor shall levy a tax not to exceed one dollar per thousand dollars of taxable valuation upon the taxable property within the district for the maintenance of the fire protection district for the fiscal year as provided by law.
Source:
SL 1971, ch 208, §7; SL 1976, ch 224, §2; SL 1981, ch 265, §1; SL 1998, ch 212, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-22 - Maximum tax levy.

34-31A-22. Maximum tax levy.
The rate of tax for functions authorized by this chapter may not exceed sixty cents per thousand dollars of taxable valuation in the rural fire district for the purchase of rural fire-fighting equipment in rural fire districts or for the purpose of assisting and contributing to the purchase and upkeep of fire-fighting equipment in adjoining first or second class municipalities or villages.
Source:
SL 1971, ch 208, §14; SL 1984, ch 241, §2; SL 1989, ch 87, §15I; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-23 - Tax levy not to exceed estimates of expenses.

34-31A-23. Tax levy not to exceed estimates of expenses.
In no case shall the amount of tax levy exceed the amount of funds required to defray the expenses of the district for a period of one year as embraced in the annual estimate of expenses including the amount of principal and interest upon the indebtedness of the district for the ensuing year.
Source:
SL 1971, ch 208, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-25 - Tax proceeds to secretary-treasurer--Surety bond.

34-31A-25. Tax proceeds to secretary-treasurer--Surety bond.
Said tax shall be turned over to the secretary-treasurer of the rural fire protection district, who shall have a surety bond in the amount of at least five thousand dollars.
Source:
SL 1971, ch 208, §7 (2).
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-28 - Fire protection payments by tax-exempt organizations--Minimum--Assessment.

34-31A-28. Fire protection payments by tax-exempt organizations--Minimum--Assessment.
Any club, lodge, chapter, charitable home, dormitory, state or county fair association, or like organization located within a rural fire protection district and outside the boundaries of any municipality, shall pay to the board of directors of the district annually for fire protection such amount as may be agreed upon, but not less than twenty-five percent of the amount which would be levied against such property under the provisions of this chapter if such property were subject to such levy. For the purposes of this section, such property shall be assessed by the director of equalization of the county in which such property lies, or by his deputies.
Source:
SL 1971, ch 208, §15; SL 1976, ch 224, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-29 - Annual statement of payments by tax-exempt organizations.

34-31A-29. Annual statement of payments by tax-exempt organizations.
The board of directors shall file an annual statement with the Department of Public Safety showing the names of persons or organizations making payments and the amounts of payments made under §34-31A-28.
Source:
SL 1971, ch 208, §15; SL 2003, ch 272, §§20, 121.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-30 - Expenditure of payments by tax-exempt organizations.

34-31A-30. Expenditure of payments by tax-exempt organizations.
Funds derived from payments pursuant to §34-31A-28 shall be expended by the district for fire-fighting supplies and equipment and the training of fire department personnel.
Source:
SL 1971, ch 208, §15.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-31 - Maximum indebtedness of district--Borrowing power.

34-31A-31. Maximum indebtedness of district--Borrowing power.
No district may incur debt greater than an amount equal to twenty times the annual maximum tax levy as authorized by §34-31A-21. A district may borrow money and issue appropriate evidence of indebtedness within the limits authorized by this section.
Source:
SL 1971, ch 208, §8; SL 1983, ch 28, §27; SL 1990, ch 277.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-32 - Deposit in bank of district receipts--Warrants for disbursement.

34-31A-32. Deposit in bank of district receipts--Warrants for disbursement.
All funds collected on behalf of the district through the levy of taxes; all donations, contributions, bequests, or annuities; and all borrowed money received by or on behalf of the district shall be deposited in state or national bank to the credit of the district fund and shall be drawn out only by warrant.
Source:
SL 1971, ch 208, §§7 (3), 9; SDCL Supp, §34-31A-26.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-33 - Claim vouchers for district funds.

34-31A-33. Claim vouchers for district funds.
Such claim voucher shall be authorized by the board of directors and shall bear the signature of the treasurer and the countersignature of the president of such district.
Source:
SL 1971, ch 208, §§7 (4), 9; SDCL Supp, §34-31A-27.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-34 - Filing of financial report with county auditor--Examination of district records.

34-31A-34. Filing of financial report with county auditor--Examination of district records.
The secretary-treasurer of the rural fire protection district shall, on or before January thirty-first of each year, file a financial report of the previous calendar year with the proper county auditor or county auditors. When the Department of Legislative Audit examines other county records, it shall examine the financial report of the secretary-treasurer of the rural fire protection district.
Source:
SL 1971, ch 208, §9; SL 1986, ch 287.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-35 - Change of district boundaries--Prior rights unimpaired--Liability for debts.

34-31A-35. Change of district boundaries--Prior rights unimpaired--Liability for debts.
The boundaries of any rural fire protection district organized under the provisions of this chapter may be changed in the manner prescribed by §§34-31A-5 to 34-31A-9, inclusive, but the changes of boundaries of any such district may not impair or affect its organization or its right in or to property; nor may it impair, affect or discharge any contract, obligation, lien, or charge for or upon which it might be liable had such change of boundaries not been made. Any portion or area of land which was part of a rural fire district, organized under §§34-31A-5 to 34-31A-9, inclusive, and which is annexed into a bordering municipality, is liable for any indebtedness incurred while within the boundaries of the fire district. Nothing in this section precludes a municipality, by ordinance, when annexing land within a rural fire protection district, of assuming a portion or all of the indebtedness on the annexed land that is a result of being in the rural fire protection district.
Source:
SL 1971, ch 208, §12; SL 1983, ch 258; SL 2021, ch 43, § 24.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-36 - Procedure for annexation of territory.

34-31A-36. Procedure for annexation of territory.
Any territory which is adjacent to the boundary of an existing rural fire protection district may be annexed to such district in the manner provided in §§34-31A-37 to 34-31A-42, inclusive.
Source:
SL 1971, ch 208, §11.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-37 - Annexation resolution or petition filed with county auditor.

34-31A-37. Annexation resolution or petition filed with county auditor.
The proceedings for the annexation, referred to in §34-31A-36, may be initiated by resolution or by the presentation to the auditor of a petition signed by ten percent of the electors who are owners of any interest in real property assessed for taxation in the territory to be annexed and who are residing within the boundaries of such territory stating the desires and purposes of such petitioners or governmental body. The petition or resolution shall contain a description of the boundaries of the territory proposed to be annexed. It shall be accompanied by a map or plat and a deposit for publication costs.
Source:
SL 1971, ch 208, §11 (1); SL 1973, ch 226, §6; SL 1992, ch 80, §215.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-38 - Auditor's examination of annexation petition--Papers forwarded to directors.

34-31A-38. Auditor's examination of annexation petition--Papers forwarded to directors.
The county auditor shall consult the tax schedules in the office of the county auditor and determine and certify whether or not such petition complies with the requirements of §34-31A-37 and that the persons signing the same appear to reside within the boundaries described by such petition. Thereafter, the county auditor shall forward such petition, resolution, map or plat, and certificate to the board of directors of the district concerned.
Source:
SL 1971, ch 208, §11 (2); SL 1973, ch 226, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-39 - Transmittal of annexation petition or resolution to county board--Approval or disapproval by directors.

34-31A-39. Transmittal of annexation petition or resolution to county board--Approval or disapproval by directors.
Within thirty days after receiving the petition or resolution, map or plat, and certificate of the county auditor, in accordance with §34-31A-38, from the county auditor, such board of directors shall transmit the same to the proper county board, accompanied by a report in writing approving or disapproving the proposal contained in said petition, or approving such proposal in part and disapproving it in part.
Source:
SL 1971, ch 208, §11 (3); SL 1973, ch 226, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-41 - Notice of commissioners' hearing on annexation petition.

34-31A-41. Notice of commissioners' hearing on annexation petition.
If the report of the board of directors, referred to in §34-31A-39, is favorable to such proposal, either in whole or in part, the board of county commissioners shall promptly designate a time and place for a hearing upon the petition and shall give notice thereof in the manner prescribed by §34-31A-7. At such hearing, any person owning taxable property or residing within the boundaries of the existing district or the territory to be annexed, shall have the opportunity to be heard respecting the proposed annexation.
Source:
SL 1971, ch 208, §11 (4).
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-42 - County commissioners' determination on proposed annexation.

34-31A-42. County commissioners' determination on proposed annexation.
The board of county commissioners shall, at or shortly after the hearing referred to in §34-31A-41, determine whether such territory should be annexed to the existing district and shall fix the boundaries of the territory to be annexed. The determination of the board of county commissioners shall be set forth in written order which shall describe the boundaries determined upon and shall be filed in the office of the county auditor.
Source:
SL 1971, ch 208, §11 (5).
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-43 - Annual meeting of registered voters of district--Special meetings--Annual election--Notice of election.

34-31A-43. Annual meeting of registered voters of district--Special meetings--Annual election--Notice of election.
A regular meeting of the registered voters who are residing within the boundaries of a district shall be held in the first quarter of each calendar year and special meetings may be called by the board of directors at any time. The annual election may be conducted during the regular meeting consistent with the provisions of chapter 8-3. Notice of the annual election shall be given by the secretary-treasurer by one publication in a legal newspaper of general circulation in each county in which the district is situated. The meeting shall be held not less than seven days nor more than fourteen days after the date of publication of the notice.
Source:
SL 1971, ch 208, §5; SL 1992, ch 80, §216; SL 2002, ch 144, §6; SL 2007, ch 75, §6; SL 2014, ch 171, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-44 - Secretary-treasurer's report at annual public meeting.

34-31A-44. Secretary-treasurer's report at annual public meeting.
The secretary-treasurer of the district shall, at each annual public meeting of the district, present a financial report concerning the affairs of the district.
Source:
SL 1971, ch 208, §9.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-45 - Deferred compensation program for volunteer firefighters--Establishment and management--Participation optional.

34-31A-45. Deferred compensation program for volunteer firefighters--Establishment and management--Participation optional.
Any rural fire protection district with a volunteer fire department may establish a deferred compensation program for its volunteer firefighters. Such a program may be financed by the rural fire protection district or by the volunteer firefighters and may be managed through the rural fire protection district or through an insurance company or other financial institution. Such program shall be established by ordinance. Each fire protection district shall establish requirements for participation in the program. Participation in the program of deferred compensation shall be at the option of the volunteer firefighter.
Source:
SL 1986, ch 71, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-46 - Election by territory residents on annexation of territory.

34-31A-46. Election by territory residents on annexation of territory.
The residents of any territory proposed to be annexed into a rural fire protection district may, by petition, call for an election on such annexation. The petition shall be signed by five percent of the voters residing within the territory included within the proposed annexation. The petition shall be submitted within twenty days of the district's governing body's vote to propose the annexation. The election shall be held within ninety days of the submission of the petition, but if the petition is submitted within one hundred twenty days of a regularly scheduled election of the rural fire protection district, the governing body of the rural fire protection district may place such question on the regular election ballot. The election on the annexation shall be voted upon only by those residing within the territory proposed to be annexed, and shall be decided by majority vote.
Source:
SL 1995, ch 198.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-47 - General election combined with regular municipal election.

34-31A-47. General election combined with regular municipal election.
The board of directors of a rural fire protection district may choose to hold a rural fire protection district general election in conjunction with a regular municipal election. The combined election is subject to approval by the governing body of the municipality. The combined election shall be held on the regular date for the general municipal election. Expenses of a combined election shall be shared in a manner agreed upon by the governing bodies of the rural fire protection district and the municipality. All other governmental responsibilities associated with holding elections shall be shared as agreed upon by the governing bodies.
Source:
SL 2014, ch 171, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 32A - Exchange Of Fire Loss Information › Section 34-32A-1 - Definition of terms.

34-32A-1. Definition of terms.
Terms used in this chapter, unless the context plainly otherwise requires, mean:
(1)"Action," includes nonaction or the failure to take action.
(2)"Authorized agency or authorized agencies," the Department of Public Safety, the attorney general, the state's attorney in the county where the fire occurred, and, solely for the purposes of §34-32A-3, the federal bureau of investigation or any other federal agency and United States attorney's office when authorized or charged with investigation or prosecution of the fire in question;
(3)"Deemed important," material within the sole discretion of the authorized agency which is requested by that authorized agency; and
(4)"Relevant," information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence.
Source:
SL 1979, ch 240, §1; SL 2003, ch 272, §§20, 121.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 32A - Exchange Of Fire Loss Information › Section 34-32A-2 - Notice and information to governmental agency when insurer believes fire loss other than accidental.

34-32A-2. Notice and information to governmental agency when insurer believes fire loss other than accidental.
If an insurance company has reason to believe that a fire loss in which it has an interest may be of other than accidental cause, then, for the purpose of notification and for having such fire loss investigated, the company shall, in writing, notify an authorized agency and provide it with all relevant information from the company's inquiry into the fire loss. If an insurance company provides any authorized agency with notice of a fire loss, it shall be deemed sufficient notice for the purpose of this chapter. Nothing in this section shall abrogate or impair the rights or powers created under §34-32A-3.
Source:
SL 1979, ch 240, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 32A - Exchange Of Fire Loss Information › Section 34-32A-3 - Information required of insurer by governmental agency investigating fire loss.

34-32A-3. Information required of insurer by governmental agency investigating fire loss.
Any authorized agency may, in writing, require the insurance company at interest to release to the requesting agency all relevant information or evidence deemed important to the authorized agency which the company may have in its possession relating to the fire loss in question. Relevant information may include, without limitation:
(1)Pertinent insurance policy information relevant to the fire loss under investigation and any application for such policy;
(2)Policy premium payment records which are available;
(3)History of previous claims made by the insured; and
(4)Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other evidence relevant to the investigation.
Source:
SL 1979, ch 240, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 32A - Exchange Of Fire Loss Information › Section 34-32A-4 - Exchange of information between governmental agencies.

34-32A-4. Exchange of information between governmental agencies.
The authorized agency provided with information pursuant to §§34-32A-2 and 34-32A-3 and in furtherance of its own purposes, may release or provide such information to any other authorized agency.
Source:
SL 1979, ch 240, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 32A - Exchange Of Fire Loss Information › Section 34-32A-5 - Insurer obtaining information from governmental agency.

34-32A-5. Insurer obtaining information from governmental agency.
Any insurance company providing information to an authorized agency pursuant to §34-32A-2 or 34-32A-3 shall have the right to request and obtain relevant information within thirty days of its request to an authorized agency.
Source:
SL 1979, ch 240, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 32A - Exchange Of Fire Loss Information › Section 34-32A-6 - Notice to policy holder of request for information.

34-32A-6. Notice to policy holder of request for information.
Notwithstanding the provisions of §§34-32A-2 to 34-32A-5, inclusive, the authorized agency shall notify, in writing, the policy holder of the request for information.
Source:
SL 1979, ch 240, §10.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 32A - Exchange Of Fire Loss Information › Section 34-32A-7 - Immunity from liability of insurer or governmental agency releasing information.

34-32A-7. Immunity from liability of insurer or governmental agency releasing information.
Any insurance company, person acting in its behalf, or authorized agency who releases information, whether oral or written, pursuant to §§34-32A-2 to 34-32A-5, inclusive, shall be immune from civil liability or criminal prosecution. "Immune," as used in this section, means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to §§34-32A-2 to 34-32A-8, inclusive, if actual malice, bad faith or situations involving compounding on the part of the insurance company or authorized agency against the insured is not present.
Source:
SL 1979, ch 240, §§1(5), 6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 32A - Exchange Of Fire Loss Information › Section 34-32A-8 - Information received held in confidence--Requiring testimony when insurer is party to litigation.

34-32A-8. Information received held in confidence--Requiring testimony when insurer is party to litigation.
Any authorized agency or insurance company who receives any information furnished pursuant to this chapter shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding. Any authorized agency, or its personnel, may be required to testify in any litigation in which the insurance company at interest is named as a party.
Source:
SL 1979, ch 240, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 32A - Exchange Of Fire Loss Information › Section 34-32A-9 - Arson control laws unimpaired--Concurrent jurisdiction.

34-32A-9. Arson control laws unimpaired--Concurrent jurisdiction.
This chapter shall not be construed to affect or repeal any statute of this state or any ordinance of any municipality relating to fire prevention or control of arson, but the jurisdiction of the Department of Public Safety and of the attorney general as to fire prevention and the control of arson in a municipality shall be concurrent with that of the municipal and county authorities.
Source:
SL 1979, ch 240, §8; SL 2003, ch 272, §§20, 121.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 32A - Exchange Of Fire Loss Information › Section 34-32A-10 - Rights and powers unimpaired.

34-32A-10. Rights and powers unimpaired.
With the exception of §34-32A-7, all other provisions of this chapter shall not be construed to impair any existing statutory or common law rights or powers.
Source:
SL 1979, ch 240, §9.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 34A - Manufactured Home Construction › Section 34-34A-1 - Definition of terms.

34-34A-1. Definition of terms.
Terms used in this chapter mean:
(1)"Dealer," any person engaged in the sale, leasing, or distribution of new manufactured homes primarily to persons who in good faith purchase or lease a manufactured home for purposes other than resale;
(2)"Department," the Department of Public Safety;
(3)"Distributor," any person engaged in the sale and distribution of manufactured homes for resale;
(4)Deleted by SL 2004, ch 17, §213;
(5)"Federal manufactured home construction and safety standard," any reasonable standard established by the federal government for the construction, design, and performance of a manufactured home that meets the needs of the public, including the needs for quality, durability and safety;
(6)"Manufactured home construction," all activities relating to the assembly and manufacture of a manufactured home, including those relating to durability, quality and safety;
(7)"Manufactured home safety," through the performance of a manufactured home, the protection of the public against any unreasonable risk of the occurrence of accidents due to the design or construction of the manufactured home or any unreasonable risk of death or injury to the user or to the public if such accidents do occur;
(8)"Manufacturer," any person engaged in manufacturing or assembling manufactured homes, including any person engaged in importing manufactured homes for resale;
(9)"Purchaser," the first person purchasing a manufactured home in good faith for purposes other than resale;
(10)"Secretary," the secretary of the Department of Public Safety;
(11)"State administrative agency," a state agency that has been approved or conditionally approved by the federal government to carry out the state plan for enforcement of the federal standards.
Source:
SL 1973, ch 216, §1; SL 1982, ch 267, §1; SL 1985, ch 15, §42; SL 1990, ch 278, §1; SL 2003, ch 272, §§20, 121; SL 2004, ch 17, §213.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 34A - Manufactured Home Construction › Section 34-34A-1.1 - Manufactured home defined.

34-34A-1.1. Manufactured home defined.
A manufactured home is a structure that meets the following requirements:
(1)It is transportable in one or more sections;
(2)Its body is eight or more feet wide or forty or more feet long in the traveling mode or it occupies three hundred twenty or more square feet when erected on a site;
(3)It is built on a permanent chassis;
(4)It is designed to be used as a dwelling with or without a permanent foundation when it is connected to the required utilities.
The term includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. The term also includes any structure that meets all of the requirements of this section except the size requirements and for which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under this chapter.
Source:
SL 1990, ch 278, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 34A - Manufactured Home Construction › Section 34-34A-9.3 - Construction and safety standards--Promulgation of rules.

34-34A-9.3. Construction and safety standards--Promulgation of rules.
The state fire marshal is responsible for the adoption, administration, and enforcement of manufactured home construction and safety standards. The state fire marshal shall promulgate, pursuant to chapter 1-26, the standards and any rules necessary to administer and enforce the standards. The standards promulgated shall be identical to the standards promulgated pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §5401 et seq. and set forth in 24 C. F.R. §3280 as of January 1, 2020. The state fire marshal shall discharge this duty consistent with the rules promulgated by the United States Department of Housing and Urban Development and set forth in 24 C.F.R. §3282 as of January 1, 2020.
Source:
SL 1977, ch 286, §4; SL 1982, ch 267, §2; SL 1990, ch 278, §10; SL 1991, ch 284, §1; SL 2004, ch 17, §214; SL 2020, ch 146, § 1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 34A - Manufactured Home Construction › Section 34-34A-9.4 - Prohibited acts.

34-34A-9.4. Prohibited acts.
No person may:
(1)Manufacture for sale, lease, sell, offer for sale or lease, introduce or deliver, or import into the State of South Dakota any home which is manufactured on or after the effective date of any applicable federal manufactured home construction and safety standard and does not comply with that standard;
(2)Fail or refuse to permit access to or copying of records, or fail to make reports or provide information or fail or refuse to permit entry or inspection as required by §34-34A-10.1;
(3)Fail to furnish notification of any defect as required by 42 U.S.C. §5414;
(4)Fail to issue a certification required by 42 U.S.C. §5415;
(5)Issue a certification to the effect that a manufactured home conforms to all applicable federal manufactured home construction and safety standards if the person, exercising due care, has reason to know that the certification is false or misleading in a material respect;
(6)Fail to establish and maintain records, to make reports or to provide information that the division may reasonably require to determine if there is compliance with this chapter and with the National Manufactured Housing Construction and Safety Standards Act of 1974; or fail to permit, upon request of a person authorized by the division, inspection of appropriate books, papers, records and documents to determine if a manufacturer, distributor or dealer has acted or is acting in compliance with this chapter or with the National Manufactured Housing Construction and Safety Standards Act of 1974; or
(7)Issue a certification pursuant to 42 U.S.C. §5403(h) if that person knows that the certification is false or misleading in a material respect.
Source:
SL 1982, ch 267, §4; SL 1990, ch 278, §11; SL 2020, ch 146, § 2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 34A - Manufactured Home Construction › Section 34-34A-9.5 - Transactions exempt from application of statutory manufacture or sale provisions.

34-34A-9.5. Transactions exempt from application of statutory manufacture or sale provisions.
Subdivision 34-34A-9.4(1) does not apply:
(1)To the offer for sale or to the sale of any manufactured home after the first purchase of it in good faith for purposes other than resale; or
(2)To any person who establishes that he did not have reason to know, exercising due care, that the manufactured home does not conform with applicable federal manufactured home construction and safety standards.
Source:
SL 1982, ch 267, §6; SL 1990, ch 278, §12.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 34A - Manufactured Home Construction › Section 34-34A-9.6 - Violation of prohibitions by persons not licensed under federal act.

34-34A-9.6. Violation of prohibitions by persons not licensed under federal act.
A person who violates any of the provisions of §34-34A-9.4 relating to manufactured homes or any rule promulgated by the State Fire Marshal to administer the provisions of this chapter is liable for a civil penalty not exceeding one thousand dollars for each violation. Each violation is a separate offense with respect to each manufactured home, except that the maximum penalty may not exceed one million dollars for any related series of violations occurring within one year from the date of the first violation.
Source:
SL 1982, ch 267, §3; SL 2004, ch 17, §215.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 34A - Manufactured Home Construction › Section 34-34A-9.7 - Violation of manufacture or sale prohibitions--Misdemeanor.

34-34A-9.7. Violation of manufacture or sale prohibitions--Misdemeanor.
A person or an officer, director, or agent of a corporation who knowingly violates the provisions of §34-34A-9.4 in any manner which threatens the health or safety of a purchaser is guilty of a Class 1 misdemeanor.
Source:
SL 1982, ch 267, §5; SL 1990, ch 278, §13.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 34A - Manufactured Home Construction › Section 34-34A-10.1 - Inspection of manufacturing and sales facilities.

34-34A-10.1. Inspection of manufacturing and sales facilities.
A representative of the State Fire Marshal may enter, at reasonable times and without advance notice, a factory, warehouse, or establishment in which manufactured homes are manufactured, stored, or held for sale, to inspect, at reasonable times, in a reasonable manner and within reasonable limits, such place, and to inspect the books, papers, records, and documents relating to the construction of manufactured homes or the failure of a manufactured home to comply with applicable manufactured home construction and safety standards.
Source:
SL 1982, ch 267, §7; SL 2004, ch 17, §216.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 34A - Manufactured Home Construction › Section 34-34A-10.2 - Records and reports required of manufacturers, distributors, and dealers.

34-34A-10.2. Records and reports required of manufacturers, distributors, and dealers.
Each manufacturer, distributor, and dealer of manufactured homes shall establish and maintain records, make reports and provide information as the State Fire Marshal or the secretary of the United States Department of Housing and Urban Development may reasonably require for the State Fire Marshal or the United States secretary to determine whether the manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter or with the National Manufactured Housing Construction and Safety Standards Act of 1974; and, upon request of a person designated by the State Fire Marshal or the United States secretary, shall permit that person to inspect appropriate books, papers, records, and documents relevant to determining whether a manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter or with the National Manufactured Housing Construction and Safety Standards Act of 1974.
Source:
SL 1982, ch 267, §8; SL 2004, ch 17, §217.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 34A - Manufactured Home Construction › Section 34-34A-10.3 - Monitoring inspection fee.

34-34A-10.3. Monitoring inspection fee.
The State Fire Marshal shall establish a monitoring inspection fee in an amount determined by the secretary of the United States Department of Housing and Urban Development. The monitoring inspection fee is an amount paid by the manufacturer for each manufactured home produced in South Dakota to the secretary of the United States Department of Housing and Urban Development. The United States secretary distributes the fees collected from all manufactured home manufacturers among the approved and conditionally approved states, based on the number of new manufactured homes whose first location, after leaving the manufacturing plant, is on the premises of a distributor, dealer, or purchaser in that state.
Source:
SL 1982, ch 267, §9; SL 2004, ch 17, §218.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 34A - Manufactured Home Construction › Section 34-34A-11 - Interference with departmental representative as misdemeanor.

34-34A-11. Interference with departmental representative as misdemeanor.
No person may interfere with, obstruct, or hinder an authorized representative of the department in the performance of its duties under this chapter. Any person who violates this section is guilty of a Class 1 misdemeanor.
Source:
SL 1973, ch 216, §§14, 16; SDCL Supp, §34-34A-18; SL 1977, ch 190, §90.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 34A - Manufactured Home Construction › Section 34-34A-12.1 - Hearings on violations.

34-34A-12.1. Hearings on violations.
The State Fire Marshal may conduct hearings on matters relating to violations or consumer complaints, including the holding of formal and informal presentation of views, of this chapter consistent with the regulations adopted by the Department of Housing and Urban Development. The division shall hold hearings in accordance with chapter 1-26.
Source:
SL 1982, ch 267, §10; SL 1990, ch 278, §14; SL 2004, ch 17, §219.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 34A - Manufactured Home Construction › Section 34-34A-16 - Additional construction requirements not applicable--Zoning and tax laws applicable.

34-34A-16. Additional construction requirements not applicable--Zoning and tax laws applicable.
If a manufactured home complies with the standards, neither this state nor any political subdivision thereof may require such manufactured home to comply with any additional building, plumbing, heating, or electrical requirements. However, the State Fire Marshal may promulgate rules for fire safety pursuant to §§13-25-1 and 13-25-2. The provisions of this section do not apply to zoning or taxation.
Source:
SL 1973, ch 216, §9; SL 1976, ch 226; SL 1990, ch 278, §15; SL 2004, ch 17, §220.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 34A - Manufactured Home Construction › Section 34-34A-19 - Standards for installation--Rules.

34-34A-19. Standards for installation--Rules.
The State Fire Marshal shall establish standards for the installation of manufactured homes and may adopt rules pursuant to chapter 1-26 in the following areas:
(1)Definitions;
(2)Siting and foundation systems;
(3)Exterior plumbing;
(4)Exterior mechanical equipment (heating and cooling);
(5)Exterior fuel supply;
(6)Exterior electrical;
(7)Life and fire safety;
(8)Anchoring for wind upset and sliding;
(9)Other rules necessary to implement the provisions of 24 C.F.R. §3283, as of April 1, 1990.
Source:
SL 1973, ch 216, §11; SL 1986, ch 22, §9; SL 1990, ch 278, §16; SL 1991, ch 284, §2; SL 2004, ch 17, §221.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 34A - Manufactured Home Construction › Section 34-34A-20 - Severability of provisions.

34-34A-20. Severability of provisions.
If a part of this chapter is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this chapter is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
Source:
SL 1973, ch 216, §17.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 34A - Manufactured Home Construction › Section 34-34A-21 - Citation of chapter.

34-34A-21. Citation of chapter.
This chapter may be cited as the South Dakota Manufactured Home Construction and Safety Standard Act.
Source:
SL 1973, ch 216, §18; SL 1990, ch 278, §17.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 35 - Range And Forest Fire Prevention › Section 34-35-1 - Construction of fireguards.

34-35-1. Construction of fireguards.
The electors at the annual meeting of an organized civil township may authorize the township board of supervisors to construct, or to have constructed, fireguards around all or a portion of the township or each way across the center of the township, as deemed necessary for fire protection.
Source:
SL 1893, ch 91, §1; RPolC 1903, §1131; SL 1905, ch 111; SL 1915, ch 193; RC 1919, §6128; SDC 1939, §58.1001; SL 2014, ch 48, §21.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 35 - Range And Forest Fire Prevention › Section 34-35-2 - Tax levy to defray expenses of fireguards.

34-35-2. Tax levy to defray expenses of fireguards.
The electors at the annual meeting may vote a tax, in addition to the amount levied for other purposes, upon the real property, including railroads within the area, embraced by the fireguards, for the purpose of defraying the necessary expenses of the fireguards.
Source:
SL 1893, ch 91, §1; RPolC 1903, §1131; SL 1905, ch 111; SL 1915, ch 193; RC 1919, §6128; SDC 1939, §58.1001; SL 2014, ch 48, §22.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 35 - Range And Forest Fire Prevention › Section 34-35-3 - Entry on private land to construct fireguards.

34-35-3. Entry on private land to construct fireguards.
For the purpose of constructing fireguards the township supervisors or the persons employed by them for that purpose may, with the consent of the owner, enter upon land adjacent to the right of way and construct fireguards upon the real estate of a private person.
Source:
SL 1893, ch 91, §2; RPolC 1903, §1132; SL 1905, ch 111; RC 1919, §6129; SDC 1939, §58.1002; SL 2014, ch 48, §23.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 35 - Range And Forest Fire Prevention › Section 34-35-6 - Fireguards not in organized townships.

34-35-6. Fireguards not in organized townships.
In counties containing areas not embraced in any civil township, fireguards as described in §34-35-1 may be constructed under the supervision of the board of county commissioners and the cost of the fireguards met by special levy upon the real property, including railroads, within the area embraced by the fireguards.
Source:
SL 1893, ch 91, §3; RPolC 1903, §1133; SL 1905, ch 111; RC 1919, §6130, SDC 1939, §58.1003; SL 2014, ch 48, §26.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 35 - Range And Forest Fire Prevention › Section 34-35-7 - Expense of fireguard upon township line.

34-35-7. Expense of fireguard upon township line.
The expense of making any fireguard running upon or adjacent to the township line shall be borne equally by the two townships between which the fireguard is made.
Source:
SL 1893, ch 91, §4; RPolC 1903, §1134; SL 1905, ch 111; RC 1919, §6131; SDC 1939, §58.1004; SL 2014, ch 48, §27.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 35 - Range And Forest Fire Prevention › Section 34-35-8 - Throwing match or burning object from vehicle as misdemeanor.

34-35-8. Throwing match or burning object from vehicle as misdemeanor.
Any person who shall drop or throw from any vehicle or other means of transportation any burning match, cigarette, cigar, ashes of pipe, or other burning substance of any kind is guilty of a Class 2 misdemeanor.
Source:
SL 1937, ch 94; SDC 1939, §13.1613; SL 1977, ch 190, §91.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 35 - Range And Forest Fire Prevention › Section 34-35-9 - Negligently allowing fire to spread as misdemeanor--Failure to extinguish fire--Interference with control efforts.

34-35-9. Negligently allowing fire to spread as misdemeanor--Failure to extinguish fire--Interference with control efforts.
Every person who negligently kindles or causes to be kindled, fire in any woods, brush, fields, marshes, or prairies and leaves it unquenched or who negligently or without full precaution to prevent fire spreading permits it to spread beyond his control so as to endanger the property of another, whether such fire is kindled upon his own land or not, or who, finding any uncontrolled fire burning, fails to give immediate warning and to make reasonable attempt to quench it, or who at any fire at any place is guilty of any disobedience to the lawful orders of any public official or fireman attempting to control said fire, or who interferes with any such officer in any such case or refuses to assist in controlling said fire, is guilty of a Class 1 misdemeanor.
Source:
PenC 1877, §§458 to 460; SL 1881, ch 106, §1; 91887, ch 123, §1; CL 1887, §§2398, 6659 to 6661; RPolC 1903, §3158; RPenC 1903, §§472 to 474; SL 1917, ch 239, §1; RC 1919, §§3982 to 3984, 10361; SL 1925, ch 255; SL 1937, ch 93; SL 1937, ch 97; SDC 1939, §13.1612; SL 1977, ch 190, §92.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 35 - Range And Forest Fire Prevention › Section 34-35-10 - Burning off land or other flammable material without firebreak or considering weather a misdemeanor.

34-35-10. Burning off land or other flammable material without firebreak or considering weather a misdemeanor.
It is a Class 1 misdemeanor to set or cause to be set on fire any woods, marsh, prairie, grass, or stubble land or any other inflammable material at any time of the year without first having in place a natural or manmade firebreak and without giving due caution to the prevailing and forecasted weather conditions.
Source:
PenC 1877, ch 40, §§1, 2; CL 1887, §§2392, 2393; RPolC 1903, §§3152, 3153; RC 1919, §§10355, 10356; SDC 1939, §§20.0201, 20.0202, 20.9901; SL 1955, ch 66, §§1, 2; SDCL §34-35-11; SL 1977, ch 190, §93; SL 1980, ch 247, §1; SL 1986, ch 288, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 35 - Range And Forest Fire Prevention › Section 34-35-12 - Civil liability for fire.

34-35-12. Civil liability for fire.
A person who sets a fire as provided in §34-35-10 is liable for civil damages for all injury and fire suppression and extinguishment costs caused by the fire. For the purposes of this section, person includes but is not limited to public utilities, railroads, and private utilities.
Source:
PenC 1877, ch 40, §3; CL 1887, §2394; RPolC 1903, §3154; RC 1919, §10357; SDC 1939, §20.0203; SL 1955, ch 66, §3; SL 1980, ch 247, §2; SL 1986, ch 288, §2; SL 1992, ch 251, §1.