Title 1 — STATE AFFAIRS AND GOVERNMENT

It is the duty of the attorney general: (1) To appear for the state and prosecute and defend all actions and proceedings, civil or criminal, in the Supreme Court, in which the state shall be interested as a party; (2) When requested by the Governor or either branch of the Legisla…

The attorney general shall be licensed to practice law in South Dakota under §

Under such resolution or order of the Governor, or the attorney general's own relation with consent of the Governor, the attorney general and his assistants, agents, and employees shall have access to any and all books, blanks, reports, correspondence, records, property, office d…

The attorney general is hereby authorized to expend any moneys or appropriations made available to the attorney general's office, for the purpose of making investigations authorized by §

The attorney general shall make a report to the Governor in each year, showing the business transacted in his office. Source: SDC 1939, § 55.1506; SL 1980, ch 23 , § 8.

The attorney general may require persons requesting information to reimburse him for the actual costs of providing such information, other than proposed rules. The reimbursable costs include, but are not limited to, the cost of published documents, clerical time, and document rep…

If the Governor directs the attorney general to commence legal action seeking any recovery on behalf of the state, the governing body of any governmental entity exercising any part of the state's sovereign power, upon request of the attorney general, within thirty days of the req…

The Office of Internet Crimes Investigation, Bureau of Information and Telecommunication and its functions are transferred to the Office of the Attorney General, Division of Criminal Investigation. The Attorney General of the State of South Dakota shall perform the functions of t…

There is hereby established a statewide 24/7 sobriety program to be administered by the Office of the Attorney General. The program shall coordinate efforts among various state and local government entities for the purpose of finding and implementing alternatives to incarceration…

These fees shall be deposited into the state general fund; (5) Any enrollment and monitoring fee collected in the administration of ignition interlock device testing shall be collected by the sheriff, or an entity designated by the sheriff, and deposited with the county treasurer…

Each county, through the county sheriff, may participate in the 24/7 sobriety program. If a sheriff is unwilling or unable to participate in the 24/7 sobriety program, the sheriff may designate an entity willing to provide the service. If twice-a-day testing is ordered, the sheri…

Superseded by §

The court may condition any bond or pre-trial release upon participation in the 24/7 sobriety program and payment of associated costs and expenses. Source: SL 2007, ch 4 , § 4.

The court may condition the granting of a suspended imposition of sentence, suspended execution of sentence, or probation upon participation in the 24/7 sobriety program and payment of associated costs and expenses. Source: SL 2007, ch 4 , § 5.

During any stage of a proceeding under chapter 26-8A , the court may condition the placement or return of an apparent, alleged, or adjudicated abused or neglected child on participation in the 24/7 sobriety program and payment of associated costs and expenses. Source: SL 2007, ch…

The Board of Pardons and Paroles, the Department of Corrections, or any parole agent may condition parole upon participation in the 24/7 sobriety program and payment of associated cost and expense. Source: SL 2007, ch 4 , § 7.

The Office of the Attorney General, pursuant to chapter 1-26 , may promulgate rules for the administration of §§ 1-11-17 to 1-11-25 , inclusive, to: (1) Regulate the nature, method, and manner of testing; (2) Provide for procedures and apparatus for testing including electronic m…

Any fees collected under §§ 1-11-17 to 1-11-25 , inclusive, shall be distributed as follows: (1) Any daily user fee collected in the administration of twice-a-day testing, drug patch testing, or urinalysis testing under the 24/7 sobriety program shall be collected by the sheriff,…

All fees collected for deposit in the state 24/7 sobriety fund created by § 1-11-18 shall be remitted on at least a quarterly basis. Source: SL 2014, ch 6 , § 11.

A participant submitting to twice-a-day testing shall pay a user fee of not more than three dollars for each test. Source: SL 2011, ch 4 , § 5; SL 2014, ch 6 , § 2.

A participant submitting to urinalysis testing shall pay a user fee of not more than ten dollars for each test. If further analysis of the sample is required or requested, the participant is responsible for payment of the actual costs incurred by the participating agency for the …

A participant submitting to wear a drug patch shall pay a user fee of not more than seventy dollars for each drug patch attached. Source: SL 2011, ch 4 , § 7; SL 2014, ch 6 , § 4; SL 2024, ch 5 , § 1.

A participant submitting to the wearing of the electronic alcohol monitoring device or the use of a mobile breath alcohol testing shall pay a user fee of not more than ten dollars per day. The participant shall also pay an installation fee and a deactivation fee, in the amount of…

There shall be paid to the attorney general all his necessary traveling expenses including food and lodging incurred while journeying in the performance of the duties of his office, to be paid upon an itemized statement verified by oath. Source: SDC 1939, § 55.1507; SL 1947, ch 2…

A participant submitting to the installation of an ignition interlock device shall pay all costs and expenses associated with the installation and operation of the ignition interlock device directly to the authorized vendor pursuant to a contract between the vendor and participan…

A participant shall pay all electronic alcohol monitoring device or mobile breath alcohol testing device fees in advance or at the same time the device is activated. All other applicable fees shall be paid in advance or at the time of testing. Source: SL 2011, ch 4 , § 10; SL 201…

A sheriff, an entity designated by a sheriff, or a directing entity may, in addition to any other authorized sanction, remove a participant from electronic alcohol monitoring device testing, ignition interlock device testing, or mobile breath alcohol testing and place the partici…

Each participant in the 24/7 sobriety program shall pay a participation fee of not more than three dollars per day. Source: SL 2011, ch 4 , § 11; SL 2014, ch 6 , § 7.

The attorney general shall meet annually with participating agencies to review fees and collection procedures for the 24/7 sobriety program. The attorney general shall set and give notice of the time and place for the meeting. The attorney general shall set, by rules promulgated …

The Insurance Fraud Prevention Unit created by chapter 58-4A and its functions in the former Department of Revenue and Regulation are transferred to the attorney general except for the Division's assessment authority set out in § 58-4A-14 which shall remain with the Division of I…

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 79, eff. April 12, 2011; SL 2020, ch 178 , § 3, eff. Mar. 9, 2020.

Terms used in this section and §§ 1-11-38 to 1-11-45 , inclusive, mean: (1) "Investigative subpoena," a written demand issued by the attorney general or the attorney general's designee, after judicial approval, requiring the production of business records relevant to an official …

In any criminal investigation conducted by the Division of Criminal Investigation involving a state offense related to internet crimes against children or human trafficking, the attorney general or the attorney general's designee may apply to a magistrate judge or circuit judge o…

Any magistrate judge or circuit court judge of Hughes County has statewide authority to review, approve, and issue an investigative subpoena, regardless of: (1) The county or judicial circuit in which the criminal investigation originates; (2) The location of the business records…

The attorney general may appoint such assistant attorneys general as may be necessary for efficient performance of his duties and may fix their compensation but no expenditure for any such purposes in excess of the amounts appropriated by the Legislature is authorized. The appoin…

There is created in the Office of the Attorney General a Division of Consumer Affairs. The director of the Division of Consumer Affairs shall be appointed by the attorney general. Source: SL 1979, ch 5 , § 3.

The Office of the Attorney General shall perform the functions of the former Division of Consumer Protection of the former Department of Commerce and Consumer Affairs relating to consumer affairs, chapter 37-23 , and deceptive trade practices and consumer protection, chapter 37-2…

A magistrate judge or circuit court judge may approve an investigative subpoena upon finding that the application submitted pursuant to § 1-11-38 establishes reasonable cause to believe the business records of a provider are material to an active criminal investigation. Judicial …

Upon judicial approval, the attorney general or the attorney general's designee may issue and serve the investigative subpoena compelling the production of any of the following business records: (1) Subscriber information; (2) Account holder name; (3) Billing and service address;…

A provider served with an investigative subpoena shall produce the business records required by the subpoena. The provider may not provide notice to the account holder, customer, or subscriber whose records are sought if such a prohibition is contained within the investigative su…

If a provider refuses to comply with an investigative subpoena, the attorney general or the attorney general's designee may apply to a court of competent jurisdiction for an order compelling compliance. Source: SL 2026, ch 2 , § 7. Effective July 1, 2026

Any business record obtained pursuant to an investigative subpoena must be used solely for official law enforcement purposes and may not be disclosed except as necessary to carry out a criminal investigation or a prosecution, or as otherwise required by law. In examining business…

No cause of action lies in any court against a provider, or any agent, employee, or officer of the provider, for providing assistance, information, or facilities in accordance with the terms of an investigative subpoena. Source: SL 2026, ch 2 , § 9.

The attorney general is also authorized to appoint assistant attorneys general as he may deem necessary on a part - time basis for special assignments. The attorney general shall fix their compensation and the expenditures for such appointments may be made from whatever appropria…

The attorney general shall keep in proper books, to be provided for that purpose at the expense of the state, a register of all actions and demands prosecuted and defended by him in behalf of the state, and of all proceedings had in relation thereto, and shall deliver the same to…

When it is legally established that South Dakota or agencies thereof, lesser governmental subdivisions or individuals have a right to a portion of funds in the antitrust special revenue fund, the attorney general is authorized to approve release of such funds to the appropriate f…

Either branch of the state Legislature may by its separate resolution, or the Legislature may by a concurrent resolution of both branches, or the Governor may by an executive order filed in the office of the secretary of state, direct the attorney general to investigate, or the a…

Whenever the attorney general, upon the attorney general's own relation, commences an investigation, the attorney general shall obtain the consent of the Governor by attaching to the record provided in § 1-11-9 a written request for the consent. A copy of the record and request m…

Whenever an investigation is directed by the Legislature or either branch thereof, or ordered by the Governor, or whenever an investigation is commenced by the attorney general, upon his own relation with the consent of the Governor, a record of the same shall be kept by the atto…