Title 2 — LEGISLATURE AND STATUTES

Words used are to be understood in their ordinary sense except also that words defined or explained in § 2-14-2 are to be understood as thus defined or explained. Source: SDC 1939, § 65.0202 (7).

Nothing contained in any source note shall be deemed as an expression by the Legislature as to the purpose, reason, scope, or effect of any section to which such source note relates. Source: SDC 1939, § 65.0202 (4).

Provisions contained in any title, part, or chapter of the code of laws enacted by § 2-16-13 may be construed and considered in the light of such arrangement and such position in any case where such arrangement or such position tends to show the intended purpose and effect thereo…

The rule of the common law that statutes in derogation thereof are to be strictly construed has no application to the code of laws enacted by §

Whenever a statute appears in the code of laws enacted by § 2-16-13 which, from its title, text, or source note, appears to be a uniform law, it shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Sour…

The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last is a holiday and then it also is excluded. Fractions of a day are to be disregarded in computations which include more than one day, and involve …

Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them unless it is otherwise expressed in the act giving the authority. Source: SDC 1939, § 65.0202 (12).

Subject to the provisions of the Constitution and statutes relating to vetoes and the referendum, an act of the Legislature which does not prescribe when it shall take effect, if passed at a regular session, takes effect on the first day of July after its passage and if passed at…

If two or more acts amending the same section of the code of laws enacted by § 2-16-13 are passed during a legislative session, each amendment shall be given effect, even if both acts have differing effective dates unless the amendments conflict or a contrary intent plainly appea…

If two or more initiated measures or amendments to the Constitution are approved by the voters at the same election, each initiated measure or amendment shall be given effect, unless the initiated measures or amendments conflict or a contrary intent plainly appears. For purposes …

The repeal of any statute which legalized or made valid any act which was prior thereto shall not affect the legality or validity of such act which was legalized or validated by such statute. Source: SDC 1939, § 65.0202 (14).

The repeal of any statute by the Legislature shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute unless the repealing act shall so expressly provide, and such statute shall be treated as still remaining in force for…

As used in the South Dakota Codified Laws to direct any action: (1) The term "must" manifests a mandatory directive and does not confer any discretion in carrying out the action so directed; and (2) The term "shall" manifests a mandatory directive and does not confer any discreti…

Omitted.

No part of the code of laws enacted by § 2-16-13 shall be construed as retroactive unless such intention plainly appears. Source: SDC 1939, § 65.0202 (22).

Transferred to §

Except as otherwise expressly provided, all general statutes duly enacted prior to the code of laws enacted by § 2-16-13 and not previously repealed are repealed and superseded by the provisions of the code of laws enacted by § 2-16-13 , but such repeal shall not in any case affe…

No action or proceeding, civil or criminal, commenced before the code of laws enacted by § 2-16-13 took effect and no right accrued are affected by its provisions, but the proceedings thereunder must conform to the requirements of such code as far as applicable. Source: SDC 1939,…

When a limitation or period of time prescribed in any existing statute for acquiring a right or barring a remedy or for any other purpose had begun to run before the code of laws enacted by § 2-16-13 took effect and the same or any limitation was prescribed in such code, the time…

Nothing in the code of laws enacted by § 2-16-13 shall be so construed as to affect the incorporation of any public or private corporation lawfully incorporated when the code took effect, but such corporation is subject to the provisions thereof applicable thereto. Source: SDC 19…

Nothing in the code of laws enacted by § 2-16-13 shall be so construed as to impair any vested right or valid obligation existing when it took effect. Source: SDC 1939, § 65.0202 (19).

Except where a different intention plainly appears, the public officers in office when the code of laws enacted by § 2-16-13 took effect continue in office until the expiration of the term for which they were elected or appointed unless sooner removed as provided by law. Source: …

The boundaries of every county, municipality, school district, and other local subdivision continue as established when the code of laws enacted by § 2-16-13 took effect until changed in the manner provided therein. Source: SDC 1939, § 65.0202 (21); SL 1992, ch 60 , § 2.

Notwithstanding the provisions of subdivision 2-14-2(23) a promissory note shall in no case be deemed or considered a sealed instrument where the word "seal" is printed thereon. Source: SL 1943, ch 316 ; SDC Supp 1960, § 65.0201-1. Effective July 1, 2026

Every ordinance, bylaw, rule, and regulation adopted by any municipality, civil township, court, board, commission, or public officer, not inconsistent with the provisions of the code of laws enacted by § 2-16-13 , in force when it took effect continues in force until repealed or…

If when the code of laws enacted by § 2-16-13 took effect any action or proceeding, properly commenced, was pending before any court, tribunal, board, commission, or public officer, of which such court, tribunal, board, commission, or public officer does not have jurisdiction und…

Except as provided in §§ 2-16-14 to 2-16-16 , the provisions of this chapter apply to the South Dakota Codified Laws and the code of laws enacted by §

The definitions of "boy," "father," "female," "girl," "male," "man," "mother," "sex," and "woman," as set forth in § 2-14-2 , apply uniformly throughout all administrative rules, contracts, guidance documents, policies, practices, and statutes of the state and each political subd…

Each state agency, department, board, commission, institution, political subdivision, and any other entity exercising state authority shall, in the execution of applicable duties, strictly adhere to the definitions of "boy," "father," "female," "girl," "male," "man," "mother," "s…

Whenever the meaning of a word or phrase is defined in any statute such definition is applicable to the same word or phrase wherever it occurs except where a contrary intention plainly appears. Source: SDC 1939, § 65.0202 (8).

Words used in the masculine gender include the feminine and neuter. Words used in the feminine gender include the masculine and neuter. Source: SDC 1939, § 65.0202 (9); SL 1980, ch 23 , § 20.

Words used in the singular number include the plural, and the plural, the singular, except where a contrary intention plainly appears. Source: SDC 1939, § 65.0202 (10).

Words used in the present tense include the future as well as the present. Source: SDC 1939, § 65.0202 (11).

Punctuation shall not control or affect the construction of any provision when any construction based on such punctuation would not conform to the spirit and purpose of such provision. Source: SDC 1939, § 65.0202 (6).

Source notes, cross - references, and titles whether designating entire titles, parts, chapters, sections, or subdivisions, constitute no part of any statute. Source: SDC 1939, § 65.0202 (3).