Title 34 — PUBLIC HEALTH AND SAFETY
100 chapters · 1,959 sections in this title.
SDCL § 33-15-9.1 SDCL 33-15-9.1
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[Repealed or reserved.]
SDCL § 34-48A-1 Definitions
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Terms used in this chapter mean: (1) "Secretary," the secretary of the Department of Public Safety; (2) "Disaster," any natural, nuclear, man-made, war- related, or other catastrophe producing phenomena in any part of the state which, in the determination of the Governor, causes …
SDCL § 34-48A-10 Special permits for emergency movement of persons and property in lieu of other permits
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The Governor may, by executive order, provide for the issuance of special permits for the movement of persons, commodities, and equipment in the event of disaster or impending disaster from any cause to the extent that the civilian or livestock population, or any part thereof, wi…
SDCL § 34-48A-11 Preparation of comprehensive plan--Coordination with federal plan
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The secretary is directed to prepare a comprehensive plan and program for the emergency management of this state. The plan and program shall be integrated into and coordinated with the emergency management plans of the federal government and of other states to the fullest possibl…
SDCL § 34-48A-12 Contents of plan--Supplies and equipment--Cooperation with federal government--Agreements with other states--Distribution and allocation--Training and information programs
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The secretary may with the approval of the Governor and in accordance with the plan and program for emergency management of this state: (1) Procure supplies and equipment; (2) Cooperate with the federal government, or any agency thereof, and to enter into agreements with any stat…
SDCL § 34-48A-13 Municipalities to provide contact list of public officials to Division of Emergency Management--Contents
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No later than July first of each year, each municipal governing body as defined by subdivision 9-1-1(4), shall provide to the Department of Public Safety, Division of Emergency Management, information that will enable emergency agencies to reach the members of the municipal gover…
SDCL § 34-48A-14 Municipalities to provide contact list of certain public employees to Division of Emergency Management
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In addition to the information required in § 34-48A-13 , each municipal governing body shall provide to the Department of Public Safety, Division of Emergency Management contact information for the municipal employees responsible for the following functions if the municipality em…
SDCL § 34-48A-15 County commission to provide contact list of public officers and employees to Division of Emergency Management--Contents
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No later than January thirty-first of each year, each county commission shall provide to the Department of Public Safety, Division of Emergency Management, information that will enable emergency agencies to reach the members of the county commission, the county auditor, the count…
SDCL § 34-48A-16 Boards of supervisors to provide contact list of public officers and employees to Division of Emergency Management--Contents
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No later than March thirty-first of each year, each township board of supervisors shall provide to the Department of Public Safety, Division of Emergency Management, information that will enable emergency agencies to reach each member of the board of supervisors, the township con…
SDCL § 34-48A-17 Department of Public Safety to promulgate rules for emergency reporting procedures
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The Department of Public Safety shall promulgate rules, pursuant to chapter 1-26 , to establish reporting procedures pursuant to §§ 34-48A-13 to 34-48A-18 , inclusive, and to require any other information that is reasonably expected to provide the ability for any emergency agency…
SDCL § 34-48A-18 Confidentiality of information
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The information provided pursuant to §§ 34-48A-13 to 34-48A-18 , inclusive, shall remain confidential and may only be used for emergency purposes. Source: SL 2002, ch 163 , § 6; SDCL §
SDCL § 34-48A-19 Mutual aid arrangements with other states and between political subdivisions
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The secretary with the approval of the Governor may enter into mutual aid arrangements with other states and coordinate mutual aid plans between political subdivisions of this state. Source: SL 1949, ch 236 , § 6; SL 1951, ch 285 , § 6; SDC Supp 1960, § 41.01C05 (2) (e); SL 1977,…
SDCL § 34-48A-2 Policy and purpose
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In order to ensure that preparation of this state will be adequate to deal with an emergency or disaster, and to provide for the common defense and to protect the public peace, health, and safety and to preserve the lives and property of the people of the state, it is hereby foun…
SDCL § 34-48A-20 Cooperation with federal agencies--Mobilization of forces--Warning signals--Utility systems--Public meetings--Evacuation
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The Governor and secretary may cooperate with the President and other appropriate federal officers and agencies and with the officers and agencies of other states and political subdivisions, in matters pertaining to the emergency management of the state and nation, including the …
SDCL § 34-48A-21 Assignment of workers to reinforce local organization--Call to duty--Place of duty
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The secretary may assign emergency management workers, to be controlled by the secretary, as may be necessary to reinforce emergency management organizations in stricken areas. Emergency management workers shall be called to duty by orders of the secretary and shall perform their…
SDCL § 34-48A-22 Emergency management workers--Rights, duties, and compensation
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An emergency management worker while on duty, whether within or without the state, shall: (1) If the worker is an employee of the state, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to the worker's employment; (2) If the work…
SDCL § 34-48A-23 Civil immunity of persons requested to assist with hazardous material incidents--Exceptions
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A person who provides assistance at the request of any emergency management agency in the event of an accident or other emergency situation involving the use, handling, transportation, transmission, or storage of hazardous material defined in subdivision 34-48A-1(6) is not liable…
SDCL § 34-48A-25 Reimbursement of local governments for employees' expenses and damages
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The state shall reimburse a political subdivision for the compensation paid and actual and necessary travel, subsistence and maintenance expenses of employees of such political subdivision while serving as emergency management workers, and for all payments for death, disability, …
SDCL § 34-48A-26 Duty to utilize already existing facilities
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The Governor, the secretary, and the executive officers or governing bodies of the political subdivisions of the state shall utilize the services, equipment, supplies, and facilities of existing departments, offices, and agencies of the state and of the political subdivisions the…
SDCL § 34-48A-27 Secretary of public safety responsible for carrying out emergency management program
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The secretary of public safety, subject to the direction and control of the Governor, is responsible for carrying out the program for emergency management of this state. He shall coordinate the activities of all organizations for emergency management within the state, and shall m…
SDCL § 34-48A-28 Special emergency and disaster special revenue fund
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There is hereby created a fund to be known as the "special emergency and disaster special revenue fund." Expenditures may be made from the fund to meet special emergency requirements of the Division of Emergency Management, not included in the general and special appropriations w…
SDCL § 34-48A-29 Credits to fund--Expenditures from fund
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All collections, donations, bequests, or funds, received by way of gift, grant, or loan, for the purposes of emergency management shall be credited to the fund created by § 34-48A-28 and shall be expended therefrom in accordance with that section. Source: SL 1955, ch 236 , § 4; S…
SDCL § 34-48A-3 Coordination with federal government--Cooperation with other agencies
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It is further declared to be the purpose of this chapter and the policy of the state that all emergency management of this state shall be coordinated to the maximum extent and shall cooperate with the federal government including its various departments and agencies, with other s…
SDCL § 34-48A-30 Minimum local effort required for state aid
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In order to qualify for state financial assistance to meet the costs of an emergency or disaster declared by the Governor, a county shall meet the minimum standard of local effort as specified in subdivision 34-48A-1(7). Source: SL 1969, ch 247 , § 2; SDCL Supp, § 33-15-24.2 ; SL…
SDCL § 34-48A-31 County duty to assist local government subdivisions to meet local effort eligibility requirement
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In order to meet the total local effort eligibility requirement for state financial assistance, counties shall assist all other local government subdivisions within their political jurisdiction with all available emergency and disaster funds. Source: SL 1969, ch 247 , § 2; SL 197…
SDCL § 34-48A-32 Amount of state financial assistance--Additional assistance authorized
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In those counties in which the Governor has officially declared an emergency or disaster and in which local effort requirements have been met, the state will provide financial assistance for such additional operational costs needed for the particular emergency or disaster situati…
SDCL § 34-48A-33 State financial assistance paid from special emergency and disaster special revenue fund--Vouchers
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The state financial assistance provided by § 34-48A-32 may be paid and advanced from the funds appropriated to the special emergency and disaster special revenue fund upon vouchers executed by the county treasurer and approved by the secretary. Source: SL 1969, ch 247 , § 4; SL 1…
SDCL § 34-48A-34 Estimates of costs and certification of county needs--Excess assistance payments revert to fund
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The county commissioners of such counties shall prepare detailed estimates of the additional operational costs which they anticipate will be needed to meet the costs of the emergency or disaster within the limitations of §§ 34-48A-30 to 34-48A-35 , inclusive, and shall from time …
SDCL § 34-48A-35 Scope of rules
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The Department of Public Safety may promulgate rules pursuant to chapter 1-26 concerning: (1) The establishment of minimum standards of local effort to obtain financial assistance under this chapter and the procedures for obtaining such assistance; (2) The establishment of compen…
SDCL § 34-48A-36 Authority to accept federal moneys, services, or equipment--Conditions
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If the federal government, or any agency or officer thereof, or any person, firm, or corporation offers to the state or to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for emergency management, the Governor …
SDCL § 34-48A-37 Cooperation in implementation of federal Disaster Relief Act
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The Governor may cooperate with or enter into agreements with agencies of the federal government to the extent necessary or appropriate to implement the provisions of the Disaster Relief Act of 1974, as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Ac…
SDCL § 34-48A-38 Audit of project applications
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The auditor general shall conduct required audits of disaster project applications pursuant to the Federal Register, Volume 40, Number 103, part III, General Section. Source: SL 1977, ch 271 , § 41; SDCL §
SDCL § 34-48A-39 County emergency management organizations
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Each organized county of this state shall establish a local organization and develop an emergency plan for emergency management in accordance with the state emergency management plan and program. Source: SL 1949, ch 236 , § 8; SL 1951, ch 285 , § 8; SL 1953, ch 288 , § 5; SDC Sup…
SDCL § 34-48A-4 Employment of personnel--Expenditures
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The secretary of public safety may employ technical, clerical, stenographic, and other personnel pursuant to chapter 3-6D . The secretary may make expenditures from the funds made available to the secretary for purposes of emergency management, as may be necessary to carry out th…
SDCL § 34-48A-40 Director of local organization--Duties and powers
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Each local organization for emergency management shall have a director who shall be appointed by the executive officer or governing body of the county, and who shall have direct responsibility for the development and implementation of emergency and disaster plans, organization, a…
SDCL § 34-48A-41 Contracting power of local subdivision--Obedience to mandatory constitutional requirements
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Each political subdivision in which any disaster or emergency as described in subdivision 34-48A-1(2) occurs, may enter into contracts and incur obligations necessary to combat the disaster or emergency, to protect the health and safety of persons and property, and to provide eme…
SDCL § 34-48A-42 County emergency management revenue fund
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Each county shall establish an emergency management fund in the office of the county treasurer, which shall be a special revenue fund. Any reimbursement or matching funds for emergency management purposes from any source whatever, shall be deposited in the special emergency and d…
SDCL § 34-48A-43 Matching federal moneys--Deferring local obligation
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If an emergency management special revenue fund has been established, in accordance with this chapter, and the moneys in the fund are insufficient to pay the full amount of a proposed purchase under a federal matching funds project, the county or district may request an advance o…
SDCL § 34-48A-44 Local emergency management districts--Appropriations
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In addition to the other provisions of this chapter, any county may join with other counties to form emergency management districts. Each county may appropriate money out of the general fund to pay salaries and expenses of such emergency management district. Source: SL 1959, ch 2…
SDCL § 34-48A-45 Mutual aid arrangements of local organizations
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The director of a local emergency management organization may develop mutual aid arrangements consistent with state plans and programs. The provisions of such arrangements shall be implemented in the event of emergency or disaster. Source: SL 1949, ch 236 , § 9; SL 1951, ch 285 ,…
SDCL § 34-48A-46 Interstate mutual aid arrangements
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The director of each local organization for emergency management may, subject to the approval of the Governor, enter into mutual aid arrangements with emergency management agencies or organizations in other states for reciprocal emergency management aid and assistance in case of …
SDCL § 34-48A-47 Powers of emergency management workers outside local jurisdiction
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Any emergency management worker performing emergency management at any place in this state pursuant to agreements, compacts, or arrangements for mutual aid and assistance, to which the state or political subdivision thereof is a party, shall possess the same powers, duties, immun…
SDCL § 34-48A-48 District special emergency and disaster fund--Sources--Withdrawals
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Each district organization for emergency management may establish a special emergency and disaster fund in the office of the county treasurer of the county where the district office is located, which shall be a special revenue fund. Any reimbursement or matching funds from any so…
SDCL § 34-48A-49 Emergency management as governmental function--Exceptions--Worker's compensation
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All functions under this chapter and all other activities relating to emergency management are governmental functions. Neither the state nor any political subdivision thereof, nor other agencies, nor, except in cases of willful misconduct, gross negligence, or bad faith, any emer…
SDCL § 34-48A-5 Authority of Governor in time of disaster, terrorist attack, or emergency
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In the event of disaster, war, act of terrorism as defined in state law, or emergency that is beyond local government capability, the Governor: (1) May assume direct operational control over all or any part of the emergency management functions within the state which may affect a…
SDCL § 34-48A-5.1 Repealed
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Source: SL 2020, ch 149 , § 2, eff. Mar. 31, 2020; SL 2020, ch 149 , § 3, eff. Jul. 1, 2021.
SDCL § 34-48A-5.2 Governmental authority--Emergencies--Limitations related to firearms and weapons
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Except as otherwise provided in this section, no state agency, political subdivision, or any elected or appointed official or employee of this state or of a political subdivision may, under any governmental authority or color of law exercised pursuant to this chapter, including a…
SDCL § 34-48A-50 Exemption from licensing requirements during emergency
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Any requirement for a license to practice any professional, mechanical, or other skill does not apply to any authorized emergency management worker who shall, in the course of performing his duties as such, practice such professional, mechanical, or other skill during a disaster …
SDCL § 34-48A-51 Civil defense shelters on private property--Immunity from liability
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Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering perso…
SDCL § 34-48A-52 Political activity by emergency management organization prohibited
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No organization for emergency management established under the authority of this chapter may participate in any form of political activity, nor may it be employed directly or indirectly for political purposes. Source: SL 1949, ch 236 , § 13; SL 1951, ch 285 , § 13; SDC Supp 1960,…