reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:05 - Administrative personnel › Section 39:02:05:02 - Other personnel

Current through Register Vol. 51, page 10, July 15, 2024
The authority may employ such other personnel as it shall deem necessary from time to time upon such terms and conditions as it shall deem proper to fulfill its purposes.
General Authority:
SDCL  5-12-40.
Law Implemented:
SDCL  5-12-5.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:06 - Administration › Section 39:02:06:01 - Annual audit and accounting procedure

Current through Register Vol. 51, page 10, July 15, 2024
The authority shall cause an audit of its books of account to be made at least once each year by a certified public accountant and the cost thereof shall be treated as a part of the administrative costs of the authority.
General Authority:
SDCL  5-12-40.
Law Implemented:
SDCL  5-12-38.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:06 - Administration › Section 39:02:06:02 - Execution of documents

Current through Register Vol. 51, page 10, July 15, 2024
All contract and agreements entered into by the authority shall unless the members by resolution otherwise direct, be executed on behalf of the authority by the chairman or the vice chairman and the secretary or executive secretary, provided always, that one of the signatures on any such document on behalf of the authority shall be by an officer of the authority who is a member.
Nothing in this article shall be deemed to limit in any manner the right of the members by resolution adopted at a meeting to designate other or different officers or administrative personnel to execute a specified document or documents at any time.
Nothing in this article shall be deemed to prohibit the use of facsimile signature where authorized by statute in the state of South Dakota.
General Authority:
SDCL  5-12-40.
Law Implemented:
SDCL  5-12-24,  5-12-39,  5-12-40.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:06 - Administration › Section 39:02:06:03 - Records to be maintained at principal office

Current through Register Vol. 51, page 10, July 15, 2024
All records of the authority shall be kept and maintained in the principal office of the authority as the same may be located from time to time, or kept by the secretary.
General Authority:
SDCL  5-12-40.
Law Implemented:
SDCL  5-12-40.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:06 - Administration › Section 39:02:06:04 - Fiscal year

Current through Register Vol. 51, page 10, July 15, 2024
The authority shall operate on a fiscal year basis beginning July 1 of each year and ending June 30 of the next succeeding year.
General Authority:
SDCL  5-12-40.
Law Implemented:
SDCL  5-12-40.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:06 - Administration › Section 39:02:06:05 - Payments

Current through Register Vol. 51, page 10, July 15, 2024
All bills, notes, checks or other instruments for the payment of money shall be signed and countersigned by such officers and in such manner as from time to time may be permitted by this article, or as prescribed by resolution of the members.
General Authority:
SDCL  5-12-40.
Law Implemented:
SDCL  5-12-40.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:07 - Reports › Section 39:02:07:01 - Annual report

Current through Register Vol. 51, page 10, July 15, 2024
The authority shall present to the Legislature a report not later than the first day of November of each year. The report shall include recommendations as provided in the act creating the authority.
General Authority:
SDCL  5-12-40.
Law Implemented:
Code Commission Note:
The Code Commission deleted the citation to SDCL  5-12-9 from the Law Implemented portion of this rule pursuant to the repeal of that section by SL 1988, ch 51, § 3, effective July 1, 1988.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:08 - Declaratory rulings › Section 39:02:08:01 - Petition for declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
Any person wishing the authority to issue its ruling as to the applicability to that person of any statutory provision or rule or order of the authority may file with the authority a petition in substantially the following form:
State of South Dakota
South Dakota Building Authority
Petition for Declaratory Ruling
Pursuant to the provisions of SDCL  1-26-15, I, (
nameofpetitioner
,) of (
addressofpetitioner
,) am (
titleorcapacityofpetitioner
), and do hereby petition the South Dakota Building Authority for its declaratory ruling in regard to the following:
1. The state statute or South Dakota Building Authority rule or order in question is: (here identify and quote the pertinent statute, rule or order).
2. The facts and circumstances which give rise to the issue to be answered by the Authority's declaratory ruling are:
3. The precise issue to be answered by the Authority's declaratory ruling is:
Dated at (
cityandstate
), this ____ day of __________ 19__.
(
Signatureofpetitioner
)
General Authority:
SDCL  36-9-21.
Law Implemented:
SDCL  1-26-15.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:08 - Declaratory rulings › Section 39:02:08:02 - Authority action on petition

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of the petition, the authority may request from the petitioner such other or further information as may be required by it for the issuance of its ruling. Within 30 days following the receipt of the petition, or within 30 days following receipt of such further requested information, the authority shall issue its declaratory ruling and serve a copy of same by mail upon the petitioner.
General Authority:
SDCL  36-9-21.
Law Implemented:
SDCL  1-26-15.
State agencies to deny petition or start rule-making proceedings within thirty days of submission of petition, SDCL  1-26-13.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:09 - Initiation, repeal, or amendment of rules - Superseded

Current through Register Vol. 51, page 10, July 15, 2024
Commission Note:
1975 Session Laws, chapter 16, § 24, provides a statutory procedure to use for petitioning an agency for amendments to its rules, thus effectively superseding this chapter.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:10 - Leases › Section 39:02:10:01 - Leasing of facilities

Current through Register Vol. 51, page 10, July 15, 2024
The authority shall lease facilities to those boards, officers, departments, commissions, agencies, or persons as authorized by statute.
General Authority:
SDCL  5-12-40.
Law Implemented:
SDCL  5-12-13 to  5-12-18,  5-12-39,  5-12-40.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:02 - South Dakota building authority › Chapter 39:02:10 - Leases › Section 39:02:10:02 - Subleasing of facility

Current through Register Vol. 51, page 10, July 15, 2024
Such lessees may sublease the facility for such period of time, in such manner, and upon such terms as the lessee may from time to time determine. Any such sublease shall at all times be subject to the paramount, absolute, and unqualified power and right of the authority to terminate the lease, and any sublease in connection therewith, in the event of a default in any term or covenant therein by the lessee.
General Authority:
SDCL  5-12-40.
Law Implemented:
SDCL  5-12-39,  5-12-40, 5-17-17.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:03 - Payroll deductions › Chapter 39:03:01 - Voluntary payroll deductions › Section 39:03:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Financial institution," a bank, credit union, savings and loan association, investment trust, or other organization held out to the public as a place to deposit funds or as a medium of savings or collective investment;
(2) "Principal combined fund-raising organization," "PCFO," an umbrella organization incorporated under § 501(c)(3) of the Internal Revenue Code as in effect on July 1, 1989, that collects charitable funds for distribution to local fund-raising campaign committees (LFCC) incorporated under § 501(c)(3) that in turn distribute the funds collected to local human service organizations incorporated under § 501(c)(3);
(3) "Voluntary payroll deduction," a subtraction or withholding from a state employee's salary upon his written authorization.
General Authority:
SDCL  3-10-8.
Law Implemented:
SDCL  3-10-8.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:03 - Payroll deductions › Chapter 39:03:01 - Voluntary payroll deductions › Section 39:03:01:02 - Statutorily authorized deductions exempted from rules

Current through Register Vol. 51, page 10, July 15, 2024
This chapter does not apply to payroll deductions authorized under SDCL  3-10-1 to  3-10-7, inclusive.
General Authority:
SDCL  3-10-8.
Law Implemented:
SDCL  3-10-8.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:03 - Payroll deductions › Chapter 39:03:01 - Voluntary payroll deductions › Section 39:03:01:03 - Types of voluntary payroll deductions

Current through Register Vol. 51, page 10, July 15, 2024
The bureau of finance and management may establish the following types of voluntary payroll deductions in the central payroll system:
(1) The purchase of insurance for state employees;
(2) The payment of dues to state employee organizations;
(3) The deposit of money into financial institutions; and
(4) Collections for principal combined fund-raising organizations.
General Authority:
SDCL  3-10-8.
Law Implemented:
SDCL  3-10-8.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:03 - Payroll deductions › Chapter 39:03:01 - Voluntary payroll deductions › Section 39:03:01:04 - Procedure for obtaining approval for voluntary payroll deductions

Current through Register Vol. 51, page 10, July 15, 2024
A person may, on behalf of state employees, obtain approval for a voluntary payroll deduction by submitting to the bureau of finance and management the following information on forms provided by the bureau:
(1) The purpose of the deduction;
(2) The nature of the deduction;
(3) An agreement not to solicit state employees during normal working hours;
(4) An agreement to remit, upon telephone notice by the state auditor's office, any corrected balance due the state of South Dakota by placing a check in the mail within 24 hours; and
(5) An agreement to pay an installation fee and to pay monthly charges to cover the processing and handling of the deduction in an amount set by the bureau of finance and management in accordance with SDCL  4-7-25.1 to  4-7-25.4, inclusive.
If the purpose of the deduction is for the purchase of insurance, the payment of dues to a state employee organization, or the contribution of funds to a PCFO, the application for approval shall be accompanied by 200 authorization forms of full-time employees. If the purpose of the deduction is for the deposit of money into a financial institution, the application for approval shall be accompanied by 25 authorization forms of full-time employees.
General Authority:
SDCL  3-10-8.
Law Implemented:
SDCL  3-10-8.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:03 - Payroll deductions › Chapter 39:03:01 - Voluntary payroll deductions › Section 39:03:01:05 - Criteria for approval of voluntary payroll deductions

Current through Register Vol. 51, page 10, July 15, 2024
The bureau of finance and management shall approve the requested voluntary payroll deductions upon compliance with the provisions of §
									39:03:01:04  and after verifying the validity of the state employee authorization forms.
General Authority:
SDCL  3-10-8.
Law Implemented:
SDCL  3-10-8.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:03 - Payroll deductions › Chapter 39:03:01 - Voluntary payroll deductions › Section 39:03:01:06 - Installation in central payroll system

Current through Register Vol. 51, page 10, July 15, 2024
Upon approval of the requested voluntary payroll deduction, the bureau of finance and management shall begin the installation of the deduction in the central payroll system.
General Authority:
SDCL  3-10-8.
Law Implemented:
SDCL  3-10-8.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:03 - Payroll deductions › Chapter 39:03:01 - Voluntary payroll deductions › Section 39:03:01:07 - Conditions for revocation of approval

Current through Register Vol. 51, page 10, July 15, 2024
The bureau of finance and management may revoke its approval of a voluntary payroll deduction under the following conditions:
(1) If the person responsible for the voluntary payroll deduction fails to pay the installation fee or monthly charges within 60 days after billing by the bureau of finance and management;
(2) If the number of state employees authorizing the voluntary payroll deduction falls below 200 for insurance, state employee organizations, and PCFOs, or 25 for financial institutions. The bureau of finance and management shall send immediate notice to the person responsible for the voluntary payroll deduction that the deduction has fallen below the minimum requirement and that the person has 60 days to meet the requirement;
(3) If the person responsible for the voluntary payroll deduction fails to remit a corrected balance within 24 hours from when he receives telephone notice from the state auditor's office; or
(4) If there was solicitation of state employees during normal working hours.
General Authority:
SDCL  3-10-8.
Law Implemented:
SDCL  3-10-8.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:03 - Payroll deductions › Chapter 39:03:01 - Voluntary payroll deductions › Section 39:03:01:08 - Notice of revocation of approval

Current through Register Vol. 51, page 10, July 15, 2024
After deciding to revoke approval of a voluntary payroll deduction, the bureau of finance and management shall send immediate notice of the revocation by certified mail to the person responsible for the voluntary payroll deduction and by interoffice or regular mail to all state departments and agencies.
General Authority:
SDCL  3-10-8.
Law Implemented:
SDCL  3-10-8.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:03 - Payroll deductions › Chapter 39:03:01 - Voluntary payroll deductions › Section 39:03:01:09 - Effective date of revocation of approval

Current through Register Vol. 51, page 10, July 15, 2024
Sixty days after notice of the revocation of approval of a voluntary payroll deduction is sent to all state departments and agencies, the bureau of finance and management shall remove the payroll deduction from the central payroll system.
General Authority:
SDCL  3-10-8.
Law Implemented:
SDCL  3-10-8.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:04 - State-issued bank cards › Chapter 39:04:01 - Definitions › Section 39:04:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Agency," any unit of state government which annually submits a budget proposal or an informational budget to the Legislature;
(2) "Bureau," the bureau of finance and management;
(3) "Commissioner," the commissioner of finance and management;
(4) "Traveler," any state employee authorized to travel in order to conduct official state business;
(5) "Issuing authority," a financial institution selected by the state to issue bank cards to travelers.
General Authority:
SDCL  3-9-19.
Law Implemented:
SDCL  3-9-19.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:04 - State-issued bank cards › Chapter 39:04:02 - Bank card controls › Section 39:04:02:01 - Card issuance

Current through Register Vol. 51, page 10, July 15, 2024
A traveler requesting a state-issued bank card shall apply to the finance office within his agency. Upon approval by the agency director the applications shall be forwarded to the issuing authority. The bank card shall be issued to the employee. A state-issued bank card shall be authorized with an account credit line established by the agency's director, based on traveler's expense needs. Cash advance privileges may be established by the agency director.
General Authority:
SDCL  3-9-19.
Law Implemented:
SDCL  3-9-19.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:04 - State-issued bank cards › Chapter 39:04:02 - Bank card controls › Section 39:04:02:02 - Card usage

Current through Register Vol. 51, page 10, July 15, 2024
The bank card is issued primarily for business use. Misuse of a bank card may result in revocation of the card. Not paying charges on time or not maintaining a sufficient credit balance to cover state travel expenses constitutes misuse of a bank card. The bank card shall be surrendered to the issuing authority, the traveler's agency director, or the commissioner upon request.
A lost or stolen bank card shall be reported to the traveler's agency finance office and the issuing authority immediately upon discovery of the loss. A bank card shall be turned in to the traveler's agency finance office prior to termination of employment. Any outstanding balance owing on the bank card at the time of termination may be withheld from the traveler's remaining pay warrants and from any warrants issued for termination vacation, termination sick pay, or unreimbursed travel expenses by the state auditor or by the business manager of a state institution not on the state's central payroll system. A bank card surrendered by a traveler shall be forwarded by the traveler's agency to the bureau for disposal.
General Authority:
SDCL  3-9-19.
Law Implemented:
SDCL  3-9-19.
South Dakota Administrative Rules › Title 39 - Bureau of Finance And Management › Article 39:04 - State-issued bank cards › Chapter 39:04:02 - Bank card controls › Section 39:04:02:03 - Payments - Travel reimbursements

Current through Register Vol. 51, page 10, July 15, 2024
The traveler is responsible for paying all charges incurred on the state-issued bank card according to the credit terms of the issuing authority. Any past-due balance may be withheld from the traveler's pay warrant by the state auditor or by the business manager of a state institution not on the state's central payroll system and, in addition, the bank card may be revoked.
Reimbursement for state travel expenses pursuant to SDCL chapter 3-9 and ARSD article 5:01 may not include any interest charge accrued on a bank card issued for travel expenses and may not include the transaction fee on a cash advance.
General Authority:
SDCL  3-9-19.
Law Implemented:
SDCL  3-9-19.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:01 - Administration › Chapter 41:01:01 - Administrative hearings › Section 41:01:01:02 - Appointment of hearing officer

Current through Register Vol. 51, page 10, July 15, 2024
If a hearing is held pursuant to SDCL 1-26 the commission may appoint a hearing officer to conduct the hearing. The hearing officer shall submit all filings and a condensation of the pertinent evidence and positions presented at the hearing, together with recommendations, to the commission at the commission's next regular meeting. If a person requests in writing that a verbatim record be made of the hearing, an audio recorder may be used.
General Authority:
SDCL  1-26-1.
Law Implemented:
SDCL  1-26-1.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:01 - Administration › Chapter 41:01:02 - Definitions › Section 41:01:02:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
As used in this title:
(1) "Commission" means the game, fish and parks commission;
(2) "Department" means the Department of Game, Fish and Parks;
(3) "Secretary" means the secretary of the Department of Game, Fish and Parks;
(4) "State Park System" includes state parks, state recreation areas, state nature areas, state lakeside use areas, the George S. Mickelson Trail, historic prairies and all associated structures; and
(5) "Water Access Areas" includes lake access areas and fishing access areas as designated by the department.
General Authority:
SDCL  41-2-18,  41-17-1.1,  32-3A-1.
Law Implemented:
SDCL  41-2-18,  41-17-1.1,  32-3A-1.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:02 - License agents › Chapter 41:02:01 - Licensing agents › Section 41:02:01:02 - Inspection of licenses

Current through Register Vol. 51, page 10, July 15, 2024
License agents shall allow any conservation officer or other department personnel to inspect all licenses and sale records at any reasonable time.
General Authority:
SDCL  41-2-18.
Law Implemented:
SDCL  41-2-18,  41-2-33.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:02 - License agents › Chapter 41:02:01 - Licensing agents › Section 41:02:01:03 - Completion of license forms - Signatures

Current through Register Vol. 51, page 10, July 15, 2024
Each licensing agent shall fill in all blank information spaces on each license issued with factual information supplied by the applicant. The agent shall record all dates, times, and any information required by the department.
General Authority:
SDCL  41-2-18(12).
Law Implemented:
SDCL  41-2-18(12),  41-2-33.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:02 - License agents › Chapter 41:02:01 - Licensing agents › Section 41:02:01:04 - Restriction on sale of licenses

Current through Register Vol. 51, page 10, July 15, 2024
No licensing agent may sell a resident license to a person who does not qualify as a resident or who fails to show proof of identity as required by the license form.
General Authority:
SDCL  41-2-18(12).
Law Implemented:
SDCL  41-2-18(12),  41-2-33.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:02 - License agents › Chapter 41:02:01 - Licensing agents › Section 41:02:01:05 - Postdating prohibited - Exception

Current through Register Vol. 51, page 10, July 15, 2024
A licensing agent may date a license only with the actual date the license is issued. Temporary licenses may be postdated to the date the applicant wishes to start hunting or fishing.
General Authority:
SDCL  41-2-18(8)(13).
Law Implemented:
SDCL  41-2-18(8)(13),  41-2-33.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:02 - License agents › Chapter 41:02:01 - Licensing agents › Section 41:02:01:07 - Licensing agents report of sales - Fees remitted

Current through Register Vol. 51, page 10, July 15, 2024
Any licensing agent appointed by the department shall be responsible to the department for payment of all license fees the agent collects on behalf of the department. The department shall produce and distribute invoices for the previous month and shall be made available in an electronic system by the first of each month. The department shall make electronic fund sweeps for monthly sales on the 25th day of each month or the next following business day. For the purposes of this chapter, the term, license fees, means all fees collected by a licensing agent in connection with the sale of hunting, fishing, and trapping licenses, except for that portion of the fees which are established pursuant to SDCL  41-6-66.1.
General Authority:
SDCL  41-2-18(8).
Law Implemented:
SDCL  41-2-18(8),  41-2-33.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:02 - License agents › Chapter 41:02:01 - Licensing agents › Section 41:02:01:07.01 - Suspension and revocation of licensing agents with past due accounts

Current through Register Vol. 51, page 10, July 15, 2024
Any licensing agent who is 45 days past due on any amount owed to the department shall be suspended as a licensing agent and prohibited from selling any license until the amount owed is paid in full. Any licensing agent who is 90 days past due on any amount owed to the department is revoked as a licensing agent and prohibited from selling any license. A revoked licensing agent may not be reappointed as a licensing agent for 12 months after the date on which the amount owed to the department, including interest, is paid in full. Interest on the total amount owed must be calculated at the Category B rate of interest as defined in SDCL  54-3-16 and begins to accrue on the 91st day an account is past due for any amount. A licensing agent who has been revoked for 12 months or more may be reappointed as a licensing agent if the agent purchases a surety bond as required by SDCL  41-6-59 prior to reappointment as a licensing agent. The secretary may not revoke a licensing agent for 12 months if the secretary is satisfied that the licensing agent experienced and can document personal illness, theft, natural disaster, or other circumstances which would excuse the agent's failure to pay any amount owed to the department.
The department may collect the surety bond of any licensing agent who is at least 90 days past due on any amount owed to the department. The department shall apply the proceeds of the bond to payment of any amount owed to the department. No licensing agent against whose surety bond the department has taken action to satisfy payment of any amount owed to the department may be reappointed as a licensing agent.
General Authority:
SDCL  41-2-18(8).
Law Implemented:
SDCL  41-6-59,  41-6-59.1.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:02 - License agents › Chapter 41:02:01 - Licensing agents › Section 41:02:01:11 - Licensing agent defined

Current through Register Vol. 51, page 10, July 15, 2024
For the purpose of this chapter, the term licensing agent means any individual, corporation, business trust, trust, partnership, limited liability company, limited liability partnership, association, joint venture, government, governmental subdivision, agency or instrumentality, or any other legal or commercial entity appointed by the department to sell hunting, fishing, trapping, and park entrance licenses on the department's behalf.
General Authority:
SDCL  41-2-18(8).
Law Implemented:
SDCL  41-2-18(8),  41-2-33.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:02 - License agents › Chapter 41:02:01 - Licensing agents › Section 41:02:01:12

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  41-2-18(8).
Law Implemented:
SDCL  41-2-18(8),  41-2-33.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:01 - Unauthorized land use and entry on posted land prohibited

Current through Register Vol. 51, page 10, July 15, 2024
A person may not enter, use, or occupy lands owned, leased, managed, or controlled by the department for any purpose that interferes with the management of the area or the authorized use of the area by others.
General Authority:
41-2-18(4), 41-17-1.1(1).
Law Implemented:
41-2-18(4), 41-17-1.1(1).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:01.01 - Time restrictions for use of state park system and public lands

Current through Register Vol. 51, page 10, July 15, 2024
Only persons utilizing the state park system for lawful fishing, hunting, trapping, snowmobiling, boating, or camping may enter, use, or occupy the state park system from 11:00 p.m. to 6:00 a.m. Only persons who are engaged in lawful fishing, hunting, trapping, or boating activities may enter, use, or occupy public shooting areas, game production areas, wildlife refuges, and water access areas from 11:00 p.m. to 6:00 a.m. The George Mickelson Trail may only be utilized for one half hour before sunrise to one half hour after sunset.
For the purposes of this section, Oahe Downstream Recreation Area, West Shore Lakeside Use Area, Chantier Creek Lakeside Use Area, Minneconjou Lakeside Use Area and Foster Bay Lakeside Use Area north of Fort Pierre observe Central Time Zone.
General Authority:
SDCL  41-2-18(4),  41-17-1.1(1).
Law Implemented:
SDCL  41-2-18,  41-17-1.1.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:01.04 - Prohibited use of private lands leased for public hunting access

Current through Register Vol. 51, page 10, July 15, 2024
No person may enter, use, or occupy private lands leased for public hunting access by the department, for any purpose other than hunting, without the permission of the landowner or any lessee of the land other than the department. A person may enter, use, or occupy these private lands leased by the department for the purposes of hunting, provided the person only travels on foot, unless otherwise authorized.
General Authority:
SDCL  41-2-18(4).
Law Implemented:
SDCL  41-2-18,  41-2-19.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:02 - Leaving of property on department land

Current through Register Vol. 51, page 10, July 15, 2024
A person may not leave any property after 11:00 p.m. on public lands owned, leased, managed, or controlled by the department or in the water adjoining the area unless that person is legally camped, lodged, or fishing, or the property is located in a leased space designated for the specified use of that property. A person may not leave any fish houses for more than five days on lands owned, leased, managed, or controlled by the department without written permission from an authorized representative of the department.
This section does not apply to legally placed tree stands, elevated platforms, portable blinds, trail cameras, or trapping equipment.
General Authority:
SDCL  41-2-18(4),  41-17-1.1(1).
Law Implemented:
SDCL  41-2-18(4),  41-17-1.1(1).
Limitation on tree stands, §
											41:03:01:19.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:04 - Permit required for certain organized events

Current through Register Vol. 51, page 10, July 15, 2024
No person or organization may hold an event which charges an admission fee or registration fee or consists of over 50 people on lands owned, leased, managed, or controlled by the department without written permission from the secretary. An application to hold an event must be filed with the department no fewer than 15 days before the event.
General Authority:
SDCL  41-2-18(4),  41-17-1.1(1),  42-8-54.
Law Implemented:
SDCL  41-2-18(4),  41-17-1.1(1),  42-8-54.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:05 - Destruction or removal of natural or cultural features prohibited - Exception

Current through Register Vol. 51, page 10, July 15, 2024
A person may not destroy, damage, or remove a living or dead tree, shrub, or vegetation; disturb any earth, rocks, minerals, natural formations, or cultural resources; or destroy, damage, or remove skulls, or other parts of animal carcass located on lands owned or leased by the department without written permission from the secretary or a designated agent. However, a person participating in religious activities in Bear Butte State Park or on department land owned or leased adjacent to the Missouri River may use grasses and forbs taken from these lands for ceremonial purposes. For purposes of this rule, a cultural resource includes historic properties, archaeological resources, and Native American cultural items (including human remains, associated funerary objects, unassociated funerary objects, sacred objects, and objects of cultural patrimony, as defined in the Native American Graves Protection and Repatriation Act of 1990, 25 U.S.C. §
										3001, as amended through February 2, 2009).
General Authority:
SDCL  41-2-18(4),  41-17-1.1(1)(3).
Law Implemented:
SDCL  41-2-18(4),  41-17-1.1(1)(3).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:07 - Commercial use prohibited

Current through Register Vol. 51, page 10, July 15, 2024
A person may not engage in or attempt to engage in agricultural or commercial activities, including selling or soliciting, on lands owned, leased, managed, or controlled by the department without written permission from the secretary.
General Authority:
SDCL  41-2-18(4),  41-17-1.1(1).
Law Implemented:
SDCL  41-2-18(4),  41-17-1.1(1).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:10 - Buildings, erection of signs, advertising, and fences prohibited

Current through Register Vol. 51, page 10, July 15, 2024
No person may place, construct, erect, or occupy any improvement or building; post or erect signs; place or distribute advertising material; or erect a fence or barrier on lands owned, leased, managed, or controlled by the department without written permission from the secretary.
General Authority:
SDCL  41-2-18(4),  41-17-1.1(1).
Law Implemented:
SDCL  41-2-18(4),  41-17-1.1(1).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:11 - Disturbance prohibited

Current through Register Vol. 51, page 10, July 15, 2024
A person may not cause unreasonable disturbance in the vicinity of others on all public lands or waters owned, leased, managed, or controlled by the department.
General Authority:
SDCL  41-2-18(4)(5),  41-17-1.1.
Law Implemented:
SDCL  41-2-18(4)(5),  41-17-1.1.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:12 - Fires prohibited in state parks and recreation areas.Superseded by SDCL 41-16-6

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:13 - Pet prohibitions

Current through Register Vol. 51, page 10, July 15, 2024
A person may not allow or possess any pet in the state park system except as provided in this section:
(1) From April first through September thirtieth, the pet must be under immediate control on a leash not more than ten feet long, or under immediate control and more than two hundred feet from other park users or designated camping areas;
(2) From October first through March thirty-first, leashes are not mandatory; however, the person shall keep the pet under immediate control;
(3) The person may not allow or possess any pet on the George S. Mickelson Trail unless the pet is under immediate control on a leash not more than ten feet long;
(4) The person may not allow any pet in an area within two hundred feet inland and two hundred feet outward from the water's edge in an area owned, leased, managed, or controlled by the department and designated as a public swimming zone or in an area posted for no pets;
(5) The person may not allow or possess any pet inside enclosed public buildings managed by the department in any state park, recreation area, nature area, or lakeside use area except:
(a) A person who requires the aid of a service animal;
(b) A person who has received prior approval of the park manager; or
(c) A pet possessed by a person who has paid the pet accommodation fee pursuant to §
										41:03:04:03.02; or
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:14 - Horses and riding prohibited - Exception

Current through Register Vol. 51, page 10, July 15, 2024
No person may ride or allow horses on any land owned, leased, managed, or controlled by the department except on designated bridle trails, equestrian areas or as authorized by special permit issued by the secretary. A licensed deer hunter, in the unit for which the hunter is licensed, may use horses on any game production area adjacent to the Missouri River during the deer season. A person licensed to hunt deer or elk, or any person assisting in the removal of legally tagged deer and elk, may use horses on the Battle Mountain/Friendshuh game production area in Fall River and Custer counties during established deer and elk seasons.
General Authority:
SDCL  41-2-18(4)(5),  41-17-1.1.
Law Implemented:
SDCL  41-2-18(4)(5),  41-17-1.1.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:15 - Camping in the state park system allowed only in designated campgrounds - Night limit

Current through Register Vol. 51, page 10, July 15, 2024
A person may camp only in an area designated as a campground site. No person may camp at, nor may a camper unit occupy, a designated campground site in the state park system for more than 14 consecutive nights without written permission of a department representative. For the purposes of this chapter, the term "camper unit" has the same meaning as defined in §
									41:03:04:01.
General Authority:
SDCL  41-17-1.1(1)(7).
Law Implemented:
SDCL  41-17-1.1(1)(7).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:16.01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  41-17-1.1(8).
Law Implemented:
SDCL  41-17-1.1(8).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:16.02 - Restrictions on use or possession of firearms on lake and fishing access areas and game production areas - Exceptions

Current through Register Vol. 51, page 10, July 15, 2024
Uncased firearms are prohibited in the following areas:
(1) East Pelican Lake Access Area in Codington County;
(2) That portion of the Beilage Game Production Area north of Christensen Drive located in sections 24 and 25, township 6 north, range 2 east, in Lawrence County;
(3) Hazel's Haven Fishing Access Area in Moody County;
(4) That portion of the Marcotte Game Production Area in section 16, township 5 north, range 5 east in Meade County;
(5) Kelley's Cove Fishing Access Area in Yankton County;
(6) Highway 38/James River Water Access Area in Davison County;
(7) New Underwood Lake Access Area in Pennington County except any licensed hunter while lawfully engaged in hunting;
(8) Rollings Game Production Area in Lincoln County except any licensed hunter, using a shotgun with shotshells only, while hunting small game or wild turkey during an open season and any person using a firearm on the shooting range located on the game production area when the range is open; and
(9) Lake Henry Fishing Access Area in Bon Homme County except any licensed hunter, using a shotgun with shotshells only, while hunting small game or wild turkey during an open season.
Only shotguns using shot shells, crossbows, and bows are permitted on lands owned by the Otter Tail Power Company and leased by the department as a game production area in Grant County and the Lake Andes Unit's game production areas in Charles Mix County.
General Authority:
SDCL  41-2-18(4),  41-17-1.1(8).
Law Implemented:
SDCL  41-2-18(4),  41-17-1.1(8).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:16.03 - Discharge of firearms, air guns, crossbows and bows on George S. Mickelson Trail prohibited (Repealed)

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:16.04 - Nontoxic shot areas for target shooting - Exceptions

Current through Register Vol. 51, page 10, July 15, 2024
With the exception of those areas posted by the department as exempt from this section, the use of nontoxic shot is required for all target shooting with shotguns on all state game production areas, water access areas, state park system areas, United States Army Corps of Engineers Wildlife Production Areas managed by the department, and United States Bureau of Reclamation Wildlife Production Areas managed by the department.
General Authority:
SDCL  41-2-18(1)(4),  41-17-1.1(1).
Law Implemented:
SDCL  41-2-18(1)(4),  41-17-1.1(1).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:16.05 - Restrictions on use or possession of centerfire rifles on water access areas and game production areas

Current through Register Vol. 51, page 10, July 15, 2024
Centerfire rifles are prohibited in the following areas:
(1) Lechtenberg Game Production Area in Hand County; and
(2) Cottonwood Lake Hatchery State Game Bird Refuge in Spink County.
General Authority:
SDCL  41-2-18(4),  41-17-1.1(8).
Law Implemented:
SDCL  41-2-18(4),  41-17-1.1(8).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:17 - Slingshots prohibited

Current through Register Vol. 51, page 10, July 15, 2024
A person may not use a slingshot in the state park system.
General Authority:
SDCL  41-17-1.1(1).
Law Implemented:
SDCL  41-17-1.1(1).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:19 - Limitation on tree stands, elevated platforms, and portable blinds

Current through Register Vol. 51, page 10, July 15, 2024
Construction or use of permanent tree stands, permanent blinds, and climbing devices is prohibited on public lands owned, leased, managed, or controlled by the department and on all private lands leased for public hunting access by the department. Portable tree stands, portable blinds, and climbing devices that do not utilize nails, wire, or bolts for attachment are allowed from August first through March thirty-first. Portable blinds may be used during the spring turkey seasons established in chapters 41:06:13 and 41:06:15, by licensed spring turkey hunters. One screw-in "T" may be used to stabilize a tree stand. Removable screw-in steps may be used to access a tree stand. The name and address, phone number, or customer identification number of the owner or user must be on the exterior of an unoccupied portable blind or tree stand and legible from the ground on a tree stand. Other elevated platform devices that are not attached to a tree must meet the requirements of this rule for permitted dates and for labeling if left overnight or unattended.
General Authority:
SDCL  41-2-18(4)(14),  41-17-1.1(1)(3).
Law Implemented:
SDCL  41-2-18(14),  41-17-1.1(3).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:20 - Hiking off trails at Bear Butte without permission prohibited - Exception

Current through Register Vol. 51, page 10, July 15, 2024
No person may hike off designated trails above the elevation of the trailhead parking lot at Bear Butte State Park. A person who has written permission from the secretary or a person who is participating in religious activities is exempt from this section. If conditions exist that make the hiking trails impassable, the park manager may close the trails to public use.
General Authority:
SDCL  41-17-1.1(1)(3).
Law Implemented:
SDCL  41-17-1.1(1)(3).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:21 - Hang gliding prohibited

Current through Register Vol. 51, page 10, July 15, 2024
No person may use Bear Butte State Park as a launch site for hang gliding.
General Authority:
SDCL  41-17-1.1(1).
Law Implemented:
SDCL  41-17-1.1(1).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:23 - Residential trash prohibited at department trash facilities

Current through Register Vol. 51, page 10, July 15, 2024
No person may take residential garbage and deposit it in, around, or on top of trash receptacles located on public lands owned, leased, managed, or controlled by the department.
General Authority:
SDCL  41-2-18(4),  41-17-1.1(1).
Law Implemented:
SDCL  41-2-18(4),  41-17-1.1(1).
Littering from motor vehicle prohibited -- Transporting litter to highway or rest area receptacles prohibited, SDCL  34A-7-7.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:03 - Parks and public lands › Chapter 41:03:01 - Uses of parks and public lands › Section 41:03:01:24 - Glass containers prohibited

Current through Register Vol. 51, page 10, July 15, 2024
A person may not possess glass containers within 200 feet inland and 200 feet outward from the water's edge within an area owned, leased, managed, or controlled by the department and designated as a "public swimming zone" or in an area posted as "no glass containers."
General Authority:
SDCL  41-2-18(4),  41-17-1.1(1).
Law Implemented:
SDCL  41-2-18(4),  41-17-1.1(1).
Public water zoning, ch 41:04:02.