reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-1880. Probation counselors.

(A) To be eligible for appointment as a probation counselor, an applicant must possess:
(1) a college degree involving special training in the field of social science or its equivalent;
(2) a personality and character as would render the applicant suitable for the functions of the office.
(B) Probation counselors shall live in districts as determined by the director. Each counselor periodically shall visit the schools under the supervision of the Department of Juvenile Justice and become familiar with the records, background, and needs of the children and shall make periodic reports to the school.
(C)(1) The duties of probation counselors include:
(a) conducting an investigation of the child and the child's home as may be required by the court;
(b) being present in court at the hearing of cases;
(c) furnishing to the court information and assistance as the judge may require; and
(d) taking charge of a child before and after hearings as may be directed by the court.
(2) During the probationary period of a child and during the time that the child may be committed to an institution or to the care of an association or person for custodial or disciplinary purposes, the child is always subject to visitation by the probation counselors or other agents of the court.
(D) A probation counselor who has successfully completed Class I or II law enforcement officer training and received a certificate from the South Carolina Law Enforcement Training Council pursuant to the provisions of Chapter 23, Title 23 has the authority, when commissioned by the department, in the execution of his duties, to take a child under the jurisdiction of the family court into custody pursuant to an order issued by the court directing that the child be taken into custody.
(E) In the performance of the duties of probation, parole, community supervision, and investigation, the probation counselor is regarded as the official representative of the court, the department, and the Juvenile Parole Board.
HISTORY: 2008 Act No. 361, Section 2; 2014 Act No. 225 (H.3958), Section 5, eff June 2, 2014.
Effect of Amendment
2014 Act No. 225, Section 5, in subsection (D), substituted "South Carolina Law Enforcement Training Council pursuant to the provisions of Chapter 23, Title 23" for "Department of Public Safety pursuant to the provisions of Article 9, Chapter 6 of Title 23".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-2010. Records.

The court shall make and keep records of all cases brought before it. The records of the court are confidential and open to inspection only by court order to persons having a legitimate interest in the records and to the extent necessary to respond to that legitimate interest. These records must always be available to the legal counsel of the child and are open to inspection without a court order where the records are necessary to defend against an action initiated by a child.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-2040. Release of information.

(A) The name, identity, or picture of a child under the jurisdiction of the court, pursuant to this chapter, must not be provided to a newspaper or radio or television station unless:
(1) authorized by court order;
(2) the solicitor has petitioned the court to waive the child to circuit court;
(3) the child has been bound over to a court which would have jurisdiction of the offense if committed by an adult; or
(4) the child has been adjudicated delinquent in court for one of the following offenses:
(a) a violent crime, as defined in Section 16-1-60;
(b) grand larceny of a motor vehicle;
(c) a crime in which a weapon, as defined in Section 59-63-370, was used; or
(d) distribution or trafficking in unlawful drugs, as defined in Article 3, Chapter 53 of Title 44.
(B) When a child is bound over to the jurisdiction of the circuit court, the provisions of this section pertaining to the confidentiality of fingerprints and identity do not apply.
(C) The provisions of this section do not prohibit the distribution of information pursuant to the provisions of Article 7, Chapter 3 of Title 23.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-2410. Misrepresentation of age for admission to theater.

A minor who gains admission to any theater by falsely claiming to be eighteen years of age or older is guilty of a misdemeanor and, upon conviction, must be fined not more than fifty dollars.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-2420. Loitering in a billiard room.

It is unlawful for a person under eighteen years of age to loiter in a billiard or pocket billiard room or to play billiards or pocket billiards in a billiard room unless accompanied by the person's parent or guardian or with the written consent of the person's parent or guardian. A person violating this section or Chapter 11 of Title 52 or any billiard room proprietor or manager who permits such a violation must be fined not less than ten nor more than one hundred dollars or be imprisoned not less than two days nor more than thirty days. In the event the keeper of a billiard room is of the opinion that a person desiring admission is under the age of eighteen years the keeper shall require the person to certify the person's age in writing. It is a misdemeanor, punishable by a fine of not less than twenty-five nor more than one hundred dollars, for a minor to make a false certificate of age or use a forged permit from the minor's parent or guardian.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-2450. Alcoholic beverages purchase, consumption, or possession.

(A) It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume, or knowingly possess alcoholic liquors. Possession is prima facie evidence that it was knowingly possessed. It is also unlawful for a person to falsely represent his age for the purpose of procuring alcoholic liquors. Notwithstanding another provision of law, if the law enforcement officer has probable cause to believe that a person is under age twenty-one and has consumed alcohol, the law enforcement officer or the person may request that the person submit to any available alcohol screening test using a device approved by the State Law Enforcement Division.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or must be imprisoned for not more than thirty days, or both.
(C) A person who violates the provisions of this section also is required to successfully complete a DAODAS approved alcohol prevention education or intervention program. The program must be a minimum of eight hours and the cost to the person may not exceed one hundred fifty dollars.
(D) The provisions of this section do not apply to a student who:
(1) is eighteen years of age or older;
(2) is enrolled in an accredited college or university and a student in a culinary course that has been approved through review by the State Commission on Higher Education;
(3) is required to taste, but not consume or imbibe, any alcoholic liquor as part of the required curriculum; and
(4) tastes the liquor pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The alcoholic liquor must remain at all times in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection may be construed to allow a student under the age of twenty-one to receive alcoholic liquor unless it is delivered as part of the student's required curriculum, and it is used only for instructional purposes during classes conducted pursuant to the curriculum.
(E) The provisions of this section do not apply to a person under the age of twenty-one who is recruited and authorized by a law enforcement agency to test an establishment's compliance with the laws relating to the unlawful transfer or sale of alcoholic liquors to a minor. The testing must be under the direct supervision of a law enforcement agency, and the agency must have the person's parental consent.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-2460. Alcoholic beverages in home; religious use exception.

No provision of law prohibiting the use or possession of beer, wine, or alcoholic beverages by minors shall apply to any minor in the home of his parents or guardian or to any such beverage used for religious ceremonies or purposes so long as such beverage was legally purchased.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 21 - Persons With Disabilities Right To Parent Act › Section 63-21-10. Definitions.

As used in this chapter:
(1) "Adaptive parenting equipment" means equipment or any other item that is used to increase, maintain, or improve the parenting capabilities of a person with a disability.
(2) "Adaptive parenting techniques" means strategies for accomplishing childcare and other parenting tasks that enable a person with a disability to execute a task safely for themselves and their children alone or in conjunction with adaptive parenting equipment.
(3) "Adoption" has the same meaning as provided for in Chapter 9, Title 63.
(4) "Child custody proceeding" means a proceeding in family or probate court in which a third party is seeking to be awarded temporary or permanent legal or physical custody of a child to obtain legal guardianship of a child, or to limit or deny visitation of a parent or legal guardian with a child, including an action filed by the other parent.
(5) "Child protection proceeding" means a proceeding in family court provided for in Chapter 7, Title 63 relating to protection of children from abuse or neglect, access to services and other support for parents to preserve or reunify the family, and permanency planning for children whose parents are unable or unwilling to parent adequately.
(6) "Child placing agency" has the same meaning as provided for in Section 63-9-30.
(7) "Covered entity" has the same meaning as provided for in the Americans with Disabilities Act, as amended.
(8) "Department" means the South Carolina Department of Social Services.
(9) "Disability" means a physical or mental impairment that substantially limits one or more of the major life activities of an individual, a record of an impairment, or being regarded as having an impairment, consistent with the Americans with Disabilities Act, as amended, and as interpreted broadly under that act. An individual who is currently engaging in the illegal use of drugs or the abuse of alcohol, drugs or other substances is not an individual with a "disability" for purposes of this chapter.
(10) "Supportive services" means services that help a person with a disability compensate for those aspects of the disability that affect the ability to care for a child and that enables the person to fulfill parental responsibilities including, but not limited to, specialized or adapted training, evaluations, and assistance with effective use of adaptive equipment, and accommodations that enable a person with a disability to benefit from other services, such as braille text or sign language interpretation.
HISTORY: 2017 Act No. 36 (H.3538), Section 2, eff May 10, 2017.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 21 - Persons With Disabilities Right To Parent Act › Section 63-21-20. Compliance with federal law; disability affecting parent's right to fulfill responsibilities; probable cause order.

(A) The department, family court, probate court, and any other covered entity shall comply with the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the Fourteenth Amendment, before taking any action pursuant to Chapters 7, 9, or 15, Title 63, or Title 62 that could impact the parental rights of a person with a disability.
(B)(1) The department shall, consistent with its purposes as mandated in Section 63-7-10:
(a) make reasonable efforts, that are individualized and based upon a parent's or legal guardian's specific disability, to avoid removal of a child from the home of a parent or legal guardian with a disability, including referrals for access to adaptive parenting equipment, referrals for instruction on adaptive parenting techniques, and reasonable accommodations with regard to accessing services that are otherwise made available to a parent or legal guardian who does not have a disability;
(b) make reasonable accommodations to a parent or legal guardian with a disability as part of placement and visitation decisions; preventive, maintenance, and reunification services; and evaluations or assessments of parenting capacity.
(2) The department, and any other covered entity, must not deny reunification services to a parent or legal guardian with a disability solely on the basis of the disability.
(C) If any party to the proceedings alleges that the parent or legal guardian has a disability that affects the parent's ability to fulfill parent responsibilities, the family court shall determine and include as findings in the probable cause order:
(1) the nature of the parent's or legal guardian's disability, if any, that affects the parent's ability to fulfill parent responsibilities;
(2) the reasonable efforts made by the department to avoid removal of the child from the parent or legal guardian, including reasonable efforts made to address the parenting limitations caused by the disability; and
(3) reasonable accommodations the department, and any other covered entity, shall make to provide the parent or legal guardian with the opportunity to participate fully in the child protection proceedings throughout the duration of the case.
HISTORY: 2017 Act No. 36 (H.3538), Section 2, eff May 10, 2017.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 21 - Persons With Disabilities Right To Parent Act › Section 63-21-30. Prohibition against denying a person with a disability the right to pursue adoption solely on the basis of the disability.

(A) A child placing agency must not deny a person with a disability the right to pursue adoption of a child solely on the basis of the disability, without considering whether adaptive parenting equipment, instruction in adaptive parenting techniques, and other supportive services could enable the person to parent adequately.
(B) The department or other covered entity that provides pre- or postadoption services must not deny a person with a disability the right to access services solely on the basis of the disability, without considering whether adaptive parenting equipment, instruction in adaptive parenting techniques, and other supportive services could enable the person to parent adequately.
HISTORY: 2017 Act No. 36 (H.3538), Section 2, eff May 10, 2017.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-1 - Territorial extent of sovereignty and jurisdiction--Cessions to United States.

1-1-1. Territorial extent of sovereignty and jurisdiction--Cessions to United States.
The sovereignty and jurisdiction of this state extend to all territory within its established boundaries except as to such places wherein jurisdiction is expressly ceded to the United States by the State Constitution, or wherein jurisdiction has been heretofore or may be hereafter ceded to the United States, with the consent of the people of this state, expressed by their Legislature and the consent of the United States.
Source:
SDC 1939, §55.0101.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-1.1 - Retrocession of jurisdiction over federal enclaves--Indian lands excluded--Filing of documents.

1-1-1.1. Retrocession of jurisdiction over federal enclaves--Indian lands excluded--Filing of documents.
By appropriate executive order, the Governor may accept on behalf of the state, retrocession of full or partial jurisdiction, criminal or civil, over any roads, highways, or other lands in federal enclaves excluding Indian reservations and federal enclaves outside the boundaries of an Indian reservation established for Indian use, within the state where such retrocession has been offered by appropriate federal authority. Documents concerning such action shall be filed in the Office of the Secretary of State and in the office of the register of deeds of the county wherein such lands are located.
Source:
SL 1975, ch 63.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-2.1 - Concurrent federal and state jurisdiction over crimes on national park, memorial, and monument lands.

1-1-2.1. Concurrent federal and state jurisdiction over crimes on national park, memorial, and monument lands.
Concurrent jurisdiction over crimes and offenses under the laws of the State of South Dakota is hereby ceded to the United States over and within all the territory dedicated to national park, national memorial, and national monument purposes included in the tracts of land in South Dakota designated as:
(1)Mount Rushmore National Memorial;
(2)Badlands National Park;
(3)Wind Cave National Park;
(4)Jewel Cave National Monument.
Source:
SL 1980, ch 8, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-2.2 - Vesting and duration of concurrent jurisdiction.

1-1-2.2. Vesting and duration of concurrent jurisdiction.
The concurrent jurisdiction ceded by §1-1-2.1 shall be vested upon acceptance by the United States by and through its appropriate officials and shall continue so long as the lands within the designated areas are dedicated to park purposes.
Source:
SL 1980, ch 8, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-2.3 - Acceptance of retrocession of exclusive federal jurisdiction.

1-1-2.3. Acceptance of retrocession of exclusive federal jurisdiction.
The consent of the state is hereby given to the retrocession of exclusive jurisdiction by the United States over lands owned by the United States within the boundaries of Badlands National Park. The Governor may accept retrocession of jurisdiction for the state.
Source:
SL 1980, ch 8, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-2.4 - Memoranda of agreement.

1-1-2.4. Memoranda of agreement.
Upon the establishment of concurrent jurisdiction, the appropriate county sheriffs with the approval of the appropriate state's attorneys will develop memoranda of agreement with the park superintendents of the national park service areas in South Dakota.
Source:
SL 1980, ch 8, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-2.5 - Concurrent federal jurisdiction--Federal Prison Camp.

1-1-2.5. Concurrent federal jurisdiction--Federal Prison Camp.
Pursuant to §1-1-1, the people of this State, as expressed by their Legislature, hereby grants, to the United States, concurrent jurisdiction over those lands in Yankton County, South Dakota, known as the Federal Prison Camp. This grant of concurrent jurisdiction shall continue only so long as the United States owns and occupies such lands for such purposes and does not constitute a waiver of any state or local jurisdiction that the state or any local government may choose to exercise concurrently with federal jurisdiction.
Source:
SL 1998, ch 4, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-3 - Consent to land acquisition by United States--Acreage limit.

1-1-3. Consent to land acquisition by United States--Acreage limit.
The people of this state by their Legislature consent to the purchase or condemnation, by the United States, in the manner prescribed by law, of any tract of land within this state owned by any natural person or private corporation, required by the United States for any public building, public work, or other public purpose; provided that in the case of public buildings such tract shall not exceed ten acres in extent.
Source:
SDC 1939, §55.0102.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-4 - Jurisdiction of federally acquired land--Tax exemption.

1-1-4. Jurisdiction of federally acquired land--Tax exemption.
Jurisdiction is ceded to the United States over any tract of land acquired under the provisions of §1-1-3 to continue only so long as the United States shall own and occupy such tract. During that time the same shall be exempt from all taxes, assessments, and other charges levied or imposed under authority of the state.
Source:
SDC 1939, §55.0102.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-5 - Service of process on federally acquired land.

1-1-5. Service of process on federally acquired land.
The consent and jurisdiction mentioned in §§1-1-3 and 1-1-4 are given and ceded upon the express condition that all civil and criminal process, issued from the courts of this state, may be served and executed in and upon any tract of land so acquired by the United States, in the same manner and by the same officers as if such purchase or condemnation had not been made, except insofar as such process may affect the real or personal property of the United States.
Source:
SDC 1939, §55.0102.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-7 - Appraisal and sale of county land to United States for conservation purposes.

1-1-7. Appraisal and sale of county land to United States for conservation purposes.
If any land in county ownership is desired by the United States for any of the purposes referred to in §1-1-6, the commissioners of the county in which said land is situated may determine and appraise its value, and may submit a copy of said appraisal to the proper agency or officer of the United States. If the willingness of the United States to pay such appraised value is expressed by appropriate action of the authorized agency or officer, the said lands may be advertised and offered for sale in the manner provided by law; and if no acceptable and satisfactory bid in excess of said appraised value is received, the county commissioners may and they are authorized to sell said lands to the United States upon payment of the appraised and agreed value thereof.
Source:
SDC 1939, §55.0103.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-8 - Legislative power over federally acquired lands.

1-1-8. Legislative power over federally acquired lands.
Power is hereby conferred upon the Congress of the United States to pass such laws and to make or provide for the making of such rules and regulations of both civil and criminal nature and provide punishment therefor, as in its judgment may be necessary for the administration, control, and protection of such lands as may from time to time be acquired by the United States under the provisions of §§1-1-6 and 1-1-7.
Source:
SDC 1939, §55.0103.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-9 - Map of federal acquisitions to be filed--Recording of evidence of title.

1-1-9. Map of federal acquisitions to be filed--Recording of evidence of title.
A map of any land acquired by the United States, under the provisions of this chapter, shall be filed and recorded in the Office of the Secretary of State and the evidence of the United States' title shall be recorded in the county wherein the land is situated as in other cases relating to the transfer of real property.
Source:
SDC 1939, §55.0104.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-10 - Land entry authorized to survey boundaries--Consent required to enter mine--Damage to property.

1-1-10. Land entry authorized to survey boundaries--Consent required to enter mine--Damage to property.
For the purpose of making surveys required by or essential to the effect of any acts of the United States Congress or of the Legislature of this state or for the determination of boundaries of real estate, any of the duly authorized officers or agents of the United States or of this state, or any engineer or land surveyor duly qualified or registered under the laws of this state, and the persons necessarily and lawfully employed in making any such survey may enter upon lands within the boundaries of this state for such purposes, but this section shall not be construed as authorizing any unnecessary interference with private rights. Nothing in this section shall be construed to permit any person to enter any shaft, tunnel, stope, or underground workings of any individual person engaged in mining for precious metals without consent of the owner or person in possession of such shaft, tunnel, stope, or underground working.
Nothing herein contained shall exempt any person from payment of actual damages done by him while upon such land.
Source:
SDC 1939, §55.0105.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-12 - Indian country--Assumption of jurisdiction.

1-1-12. Indian country--Assumption of jurisdiction.
In accordance with the provisions of 67 Statutes at Large, page 589, Public Law 280, and as Indian country is defined by 18 U.S.C., §1151, the provisions of chapter 106 of the Session Laws of the State of South Dakota for 1901, as amended, or any law to the contrary, notwithstanding, the State of South Dakota assumes and accepts jurisdiction of all criminal and civil causes of action arising in Indian country under the provisions of §§1-1-12 to 1-1-16, inclusive, as hereinafter set forth.
Source:
SL 1957, ch 319, §1; SDC Supp 1960, §65.0805.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-13 - Tribal referendum on jurisdiction of Indian lands--Notice of result to county commissioners--Failure to take referendum.

1-1-13. Tribal referendum on jurisdiction of Indian lands--Notice of result to county commissioners--Failure to take referendum.
No assumption of civil or criminal jurisdiction shall become effective under the provisions of §§1-1-12 to 1-1-16, inclusive, until the tribal council of a tribe over which state jurisdiction is to be taken, shall have considered a referendum in which all persons eligible to vote at elections held for the purposes of electing officers of such tribe, shall have been given an opportunity to approve or disapprove such assumption of jurisdiction. A majority of the persons so voting in such a referendum must cast affirmative votes in favor thereof before such approval shall be given, and the tribal council shall then notify the board of county commissioners of the counties concerned as to the results of such referendum. Provided, however, that if the tribe has failed to take action as above prescribed, within one year from and after October first, 1957, it shall be deemed that the referendum has been dispensed with and that the tribe has consented to and does approve the assumption of jurisdiction herein provided, and that the county or counties concerned may then proceed as set forth in §1-1-14.
Source:
SL 1957, ch 319, §5; SDC Supp 1960, §65.0809.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-14 - Resolution of county commissioners assuming jurisdiction--Contract for federal reimbursement of costs.

1-1-14. Resolution of county commissioners assuming jurisdiction--Contract for federal reimbursement of costs.
Jurisdiction shall not be deemed assumed or accepted by this state in any county of South Dakota unless and until a resolution assuming and accepting the same is adopted by the board of county commissioners of any county containing Indian country. Prior to the adoption of such a resolution, the county commissioners shall negotiate and contract with the federal Bureau of Indian Affairs of the United States Department of Interior for reimbursement of any authorized and appropriated federal funds for the added costs to any county in connection with the assumption of said jurisdiction. The rates or terms of any such contract shall so far as possible be on the basis of and take into consideration the untaxed Indian lands and the proportion such land bears to the total land area of said respective counties and the proportion the law enforcement costs bear to the total government costs of said respective counties.
Source:
SL 1957, ch 319, §4; SDC Supp 1960, §65.0808.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-15 - Prosecution of criminal offenses on Indian lands.

1-1-15. Prosecution of criminal offenses on Indian lands.
All criminal offenses occurring on Indian lands within such counties shall be dealt with and proceeded against in like manner as if they had occurred on other lands within such respective counties.
Source:
SL 1957, ch 319, §2; SDC Supp 1960, §65.0806.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-17 - Highways in Indian lands--Acceptance of jurisdiction.

1-1-17. Highways in Indian lands--Acceptance of jurisdiction.
The United States of America having ceded to the State of South Dakota concurrent police jurisdiction excepting the ten major crimes as defined by 18 U.S.C., §1153, unless automobile accidents are involved, over all public highways or portions thereof, including rights-of-way, located within the State of South Dakota:
(1)Which are established through any Indian reservation or through any lands which have been allotted in severalty to any individual Indian, under any laws or treaties, but which have not been conveyed to the allottee with full power of alienation; and
(2)Which were established or which are maintained by the joint participation of the United States and the State of South Dakota.
The State of South Dakota hereby accepts such jurisdiction.
Source:
SL 1959, ch 144, §§1, 2; SDC Supp 1960, §65.0810.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-18 - Indian country--Assumption of jurisdiction.

1-1-18. Indian country--Assumption of jurisdiction.
The State of South Dakota, in accordance with the provisions of 67 Statutes at Large, page 589 (Public Law 280), hereby assumes and accepts jurisdiction of all criminal offenses and civil causes of action arising in the Indian country located within this state, as Indian country is defined by 18 U.S.C., §1151, and obligates and binds this state to the assumption thereof, the provisions of chapter 106 of the Session Laws of the State of South Dakota for 1901, as amended, or any other law of this state to the contrary, notwithstanding.
Source:
SL 1961, ch 464, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-19 - Negotiation and acceptance of federal reimbursement of costs of jurisdiction.

1-1-19. Negotiation and acceptance of federal reimbursement of costs of jurisdiction.
The county commissioners of those counties of this state in which there is located Indian country as affected by §§1-1-18 to 1-1-21, inclusive, and the Governor may accept grants-in-aid, and negotiate, and contract with the federal Bureau of Indian Affairs of the United States Department of Interior for reimbursement of any authorized and appropriated federal funds for the added costs to such counties and this state in connection with such assumption of jurisdiction.
Source:
SL 1961, ch 464, §2; SL 1985, ch 33, §8.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-20 - Provisional repeal of prior assumption of jurisdiction of Indian lands.

1-1-20. Provisional repeal of prior assumption of jurisdiction of Indian lands.
Subject to the provisions of §§1-1-21, §§1-1-12 to 1-1-17, inclusive, are hereby repealed.
Source:
SL 1961, ch 464, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-21 - Governor's proclamation required for assumption of jurisdiction.

1-1-21. Governor's proclamation required for assumption of jurisdiction.
Except as to criminal offenses and civil causes of action arising on any highway, as defined in chapter 31-1, the jurisdiction provided for in §1-1-18 is not assumed or accepted by this state, and §§1-1-18 and 1-1-20 is not considered in effect, unless and until the Governor of the State of South Dakota, if satisfied that the United States of America has made proper provision for the reimbursement to this state and its counties for the added costs in connection with the assumption of said jurisdiction, has issued a proper proclamation duly filed with the secretary of state declaring the said jurisdiction to be assumed and accepted.
Source: SL 1961, ch 464, §4; SL 2023, ch 3, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-23 - Expressions of sovereign will.

1-1-23. Expressions of sovereign will.
The will of the sovereign power is expressed:
(1)By the Constitution of the United States;
(2)By treaties made under the authority of the United States;
(3)By statutes enacted by the Congress of the United States;
(4)By the Constitution of this state;
(5)By statutes enacted by the Legislature;
(6)By statutes enacted by vote of the voters;
(7)By the ordinances of authorized subordinate bodies;
(8)Rules of practice and procedure prescribed by courts or adopted by departments, commissions, boards, officers of the state, or its subdivisions pursuant to authority so to do.
Source:
SDC 1939, §65.0102; SL 1985, ch 15, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-24 - Common law and law merchant applied--Evidence of common law.

1-1-24. Common law and law merchant applied--Evidence of common law.
The evidence of the common law, including the law merchant, is found in the decisions of the tribunals.
In this state the rules of the common law, including the rules of the law merchant, are in force, except where they conflict with the will of the sovereign power, expressed in the manner stated in §1-1-23.
Source:
SDC 1939, §65.0103.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-25 - When order or judgment of tribal court may be recognized in state courts.

1-1-25.When order or judgment of tribal court may be recognized in state courts.
No order or judgment of a tribal court in the State of South Dakota may be recognized as a matter of comity in the state courts of South Dakota, except under the following terms and conditions:
(1)Before a state court may consider recognizing a tribal court order or judgment the party seeking recognition shall establish by clear and convincing evidence that:
(a)The tribal court had jurisdiction over both the subject matter and the parties;
(b)The order or judgment was not fraudulently obtained;
(c)The order or judgment was obtained by a process that assures the requisites of an impartial administration of justice including but not limited to due notice and a hearing;
(d)The order or judgment complies with the laws, ordinances and regulations of the jurisdiction from which it was obtained; and
(e)The order or judgment does not contravene the public policy of the State of South Dakota.
(2)If a court is satisfied that all of the foregoing conditions exist, the court may recognize the tribal court order or judgment in any of the following circumstances:
(a)In any child custody or domestic relations case; or
(b)In any case in which the jurisdiction issuing the order or judgment also grants comity to orders and judgments of the South Dakota courts; or
(c)In other cases if exceptional circumstances warrant it; or
(d)Any order required or authorized to be recognized pursuant to 25 U.S.C., §1911(d) or 25 U.S. C., §1919.
Source:
SL 1986, ch 6, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-26 - Acceptance by state agencies or higher education facilities of matricula consular card as identification.

1-1-26. Acceptance by state agencies or higher education facilities of matricula consular card as identification.
No state agency, state supported university, or technical college may accept a matricula consular card or substantially similar document issued by the Mexican Consulate as proof of identification for any purpose.
Source:
SL 2004, ch 3, §1; SL 2020, ch 61, § 28.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-27 - Legislature to authorize state or state agency transfer of title of real property to the federal government.

1-1-27. Legislature to authorize state or state agency transfer of title of real property to the federal government.
Neither the State of South Dakota nor any of its state agencies may transfer title to any real property in this state to the federal government or any federal agency unless the Legislature has granted its explicit authorization by prior legislation.
Source:
SL 2004, ch 4, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 01 - State Sovereignty And Jurisdiction › Section 1-1-28 - Exception to application of provisions of § 1-1-27.

1-1-28. Exception to application of provisions of §1-1-27.
The provisions of §1-1-27 do not apply:
(1)If the transfer is the result of an eminent domain proceeding; or
(2)If the transfer is a sale negotiated under threat of an eminent domain proceeding or under circumstances in which acquisition of the property by an eminent domain proceeding would be justified; or
(3)If the transfer involves less than forty acres of unimproved land or less than five hundred thousand dollars worth of improved real estate; or
(4)If the transfer involves the trade of tracts of land of substantially equal value between the state government or any of its entities and the federal government or any of its entities.
Source:
SL 2004, ch 4, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 02 - State Boundary Adjustments › Section 1-2-1 - Commissioners to negotiate boundaries authorized--Compacts dependent on ratification.

1-2-1. Commissioners to negotiate boundaries authorized--Compacts dependent on ratification.
The Governor of South Dakota may appoint commissioners to represent the State of South Dakota on joint commissions composed of commissioners representing boundary states, to be constituted by the states for the purpose of negotiating and entering into agreements or compacts between the states to establish the boundaries between the states. Any compact made on behalf of the states is not binding or obligatory upon either state, unless it has been ratified by the Legislatures of the compacting states and approved by the Congress of the United States.
Source:
SL 1957, ch 316, §1; SDC Supp 1960, §55.5601; SL 1988, ch 2, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 02 - State Boundary Adjustments › Section 1-2-2 - Meeting with commissioners of other participatory state--Report--Disbandment.

1-2-2. Meeting with commissioners of other participatory state--Report--Disbandment.
Upon appointment of commissioners by the Governor, the commissioners shall proceed immediately to meet with the commissioners for the other participatory state for the purpose of negotiating the compact referred to in §1-2-1. The commission shall disband upon completion of its business and submission of a report to the Governor.
Source:
SL 1957, ch 316, §2; SDC Supp 1960, §55.5602; SL 1988, ch 2, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 02 - State Boundary Adjustments › Section 1-2-9 - Effective date of compact--Notice of ratification.

1-2-9. Effective date of compact--Notice of ratification.
The compact is not binding or obligatory upon any of the contracting parties unless and until it has been ratified by the legislature of each state and approved by the Congress of the United States. The Governor of South Dakota shall give notice of the ratification and approval of the compact by the South Dakota Legislature to the Governor of the state of Nebraska and to the President of the United States.
Source:
SL 1989, ch 4, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 03 - Congressional Districts › Section 1-3-1 - State constitutes one district.

1-3-1. State constitutes one district.
Pursuant to the 1991 congressional reapportionment, the State of South Dakota, in its entirety, constitutes one congressional district.
Source:
SDC 1939, §55.0301; SL 1965, ch 227, §1; SL 1971, ch 2, §1; SL 1981, ch 1; SL 1991, ch 1, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 05 - Time And Dates › Section 1-5-1 - Holidays enumerated.

1-5-1. Holidays enumerated.
The first day of every week, known as Sunday; the first day of January, commonly known as New Year's Day; the third Monday in January, commonly known as Martin Luther King, Jr. Day; the third Monday in February, the anniversary of the birthdays of Lincoln and Washington; the last Monday of May, commonly known as Memorial Day; the nineteenth day of June, commonly known as Juneteenth; the fourth day of July, commonly known as Independence Day; the first Monday in September, commonly known as Labor Day; the second Monday in October, commonly known as Native Americans' Day; the eleventh day of November, known as Veterans' Day; the fourth Thursday in November, commonly known as Thanksgiving Day; and the twenty-fifth day of December, commonly known as Christmas Day; and every day appointed by the President of the United States, or by the Governor of this state for a public fast, thanksgiving, or holiday shall be observed in this state as a legal holiday.
If the first day of January, the nineteenth day of June, the fourth day of July, the eleventh day of November, or the twenty-fifth day of December falls upon a Sunday, the Monday following is a legal holiday and shall be so observed; and if any such day falls upon a Saturday, the preceding Friday is a legal holiday and shall be so observed.
Source: SDC 1939, §§65.0404; SL 1941, ch 373; SL 1951, ch 470; SL 1953, ch 487, §1; SL 1957, ch 498; SL 1971, ch 4; SL 1972, ch 5; SL 1974, ch 5; SL 1981, ch 2; SL 1983, ch 1, §1; SL 1986, ch 7; SL 1990, ch 7, §1; SL 2022, ch 1, § 1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 05 - Time And Dates › Section 1-5-1.1 - Martin Luther King, Jr. Day established.

1-5-1.1. Martin Luther King, Jr. Day established.
The third Monday in January, to be known as Martin Luther King, Jr. Day shall be observed in this state as a legal holiday. Martin Luther King, Jr. Day is dedicated to the remembrance of Dr. Martin Luther King, Jr. and to the observance and appreciation of the various ethnic minorities who have contributed so much to the state and nation.
Source:
SL 1986, ch 5; SL 1989, ch 5; SL 1990, ch 7, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 05 - Time And Dates › Section 1-5-1.2 - Native Americans' Day established.

1-5-1.2. Native Americans' Day established.
The second Monday in October, to be known as Native Americans' Day, shall be observed in this state as a legal holiday. Native Americans' Day is dedicated to the remembrance of the great Native American leaders who contributed so much to the history of our state.
Source:
SL 1990, ch 7, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 05 - Time And Dates › Section 1-5-1.3 - South Dakota Statehood Day established.

1-5-1.3. South Dakota Statehood Day established.
The second day of November, to be known as South Dakota Statehood Day, shall be observed in this state as a working holiday. South Dakota Statehood Day is dedicated to the remembrance of the anniversary of South Dakota's admittance into the union on November 2, 1889. This day will be to reflect on the history and the heritage of the state.
Source:
SL 2001, ch 6, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 05 - Time And Dates › Section 1-5-2 - Business and official acts permitted on holidays.

1-5-2. Business and official acts permitted on holidays.
Any public or private business may be transacted or legal process or notices of any kind may be served or published on any of said days or next succeeding days designated herein as holidays, excepting Sundays, provided, that for good cause, a judge in whose court an action has been or is about to be brought, may endorse upon any process or notice permission to serve the same on Sunday, and if so endorsed, service thereof on Sunday shall be valid.
Source:
SDC 1939, §65.0404; SL 1941, ch 373; SL 1951, ch 470; SL 1953, ch 487, §1; SL 1957, ch 498.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 05 - Time And Dates › Section 1-5-3 - Past transactions on holidays validated.

1-5-3. Past transactions on holidays validated.
Any public or private business heretofore transacted or legal notice published upon any holiday except Sunday is hereby validated and declared to be of the same force and effect as if such business had been transacted or such publication made upon a business or secular day.
Source:
SDC 1939, §65.0301.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 05 - Time And Dates › Section 1-5-4 - Acts performed on day after holiday.

1-5-4. Acts performed on day after holiday.
Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday, such act may be performed upon the next business day, with the same effect as if it had been performed upon the day appointed.
Source:
SDC 1939, §65.0405.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 05 - Time And Dates › Section 1-5-8 - Little Big Horn Recognition Day.

1-5-8. Little Big Horn Recognition Day.
The twenty-fifth day of June, to be known as Little Big Horn Recognition Day, shall be observed in this state as a working holiday. Little Big Horn Recognition Day is dedicated to the remembrance and recognition of the battle of Little Big Horn.
Source:
SL 1994, ch 2, §1.