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South Dakota Statutes, Title 1

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South Dakota/Statutes

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Title 1, STATE AFFAIRS AND GOVERNMENT

88 chapters · 1,501 sections in this title.

All chapters in Title 11,501 Ch 16A, HEALTH AND EDUCATIONAL FACILITIES AU…111 Ch 26, ADMINISTRATIVE PROCEDURE AND RULES96 Ch 27, PUBLIC RECORDS AND FILES73 Ch 16B, ECONOMIC DEVELOPMENT FINANCE AUTHORITY66 Ch 19B, COUNTY AND MUNICIPAL HISTORIC PRESER…62 Ch 16H, SCIENCE AND TECHNOLOGY AUTHORITY55 Ch 11, ATTORNEY GENERAL51 Ch 33, DEPARTMENT OF EXECUTIVE MANAGEMENT49 Ch 41, DEPARTMENT OF AGRICULTURE AND NATURA…47 Ch 16G, ECONOMIC DEVELOPMENT46 Ch 53, GOVERNOR'S OFFICE OF ECONOMIC DEVELO…46 Ch 6, STATE EMBLEMS41 Ch 36A, DEPARTMENT OF HUMAN SERVICES41 Ch 33B, ENERGY PERFORMANCE CONTRACTS39

1,501 sections·Filtered byTitle 1✕

SDCL § 1-41-19.2 Officers of Board of Minerals and Environment--Quorum--Meetings
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The Board of Minerals and Environment shall annually elect from its members such officers as it deems advisable. A majority of the board members constitutes a quorum. The board shall hold meetings at the call of the chair or a majority of the members, but at least one meeting sha…
SDCL § 1-41-2 Secretary as head of department
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The head of the Department of Agriculture and Natural Resources is the secretary of agriculture and natural resources. Source: SL 1973, ch 2 , § 128; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 43, eff. Apr. 19, 2021.
SDCL § 1-41-2.1 Qualifications of secretary
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The secretary of the Department of Agriculture and Natural Resources shall be qualified by training and experience to administer the programs of the Department of Agriculture and Natural Resources and shall have such other qualifications as may be specified by statute. Source: SL…
SDCL § 1-41-20 Rejection of applications for certain environmental protection, mining, oil, and gas permits
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The secretary may reject an application for any permit filed pursuant to Title 34A or 45, including any application by any concentrated swine feeding operation for authorization to operate under a general permit, upon making a specific finding that: (1) The applicant is unsuited …

Showing 1,251–1,300 of 1,501

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SDCL § 1-41-21 Registration for individual permits required by holders of certain general permits

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General permits issued pursuant to chapter 34A-1 , 34A-2 , or 34A-6 which, after public notice and opportunity for hearing before the board, are used to regulate a specific category of activities which are conducted statewide, which are similar in design and operation, and which …

SDCL § 1-41-22 Report required following the issuance of uncontested permits

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Following the issuance of any uncontested permit by the secretary pursuant to chapter 34A-1 , 34A-2 , 34A-6 , 34A-11 , 45-6B , 45-6D , or 45-9 , the secretary shall give the board having jurisdiction over the permit a report. The report shall identify the activity for which the p…

SDCL § 1-41-23 Establishment of the environment and natural resources fee fund--Source of fund--Administration--Expenditures--Unexpended funds

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There is hereby established in the state treasury the environment and natural resources fee fund. Unless otherwise provided by law, this fund shall consist of all fees imposed pursuant to Titles 34A, 45, 46, and 46A, and chapters 1-41 , 10-39B , and 34-44 and legislative appropri…

SDCL § 1-41-23.1 Transfer of funds to environment and natural resources fee fund from water and environment fund

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On the first of July each year, six hundred thousand dollars or all the interest deposited for the previous year in the water and environment fund established pursuant to § 46A-1-60 , whichever is less, shall be transferred from the water and environment fund to the environment a…

SDCL § 1-41-24 Full public disclosure of nonconfidential public records--Reproduction--Fee--Waiver--Response time to written requests--Denial of disclosure--Appeals--Promulgation of rules--Attorney's fees and costs for denial of access to hazardous waste public records

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Full public inspection and disclosure of all nonconfidential public records relating to the Department of Agriculture and Natural Resources and those activities within its jurisdiction shall be allowed. The department shall make available for public inspection and disclosure all …

SDCL § 1-41-25 Voluntary environmental audits--Assumption against civil or criminal penalties

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An environmental audit is a written, voluntary, internal assessment, evaluation, or review, not required by law, rule, regulation, or permit, that is conducted by a regulated entity or its agent, and initiated by the regulated entity for the purpose of determining compliance with…

SDCL § 1-41-25.1 Application of environmental audit provisions--Discovery of violations

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The department may not pursue civil penalties or criminal prosecution for violations found during an environmental audit that are disclosed to the department secretary in writing within thirty days after the violation is found. Violations found by the department prior to the time…

SDCL § 1-41-25.2 Environmental audit subject to discovery--Summary of disclosed violation

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The department may not request results of an environmental audit. However, an environmental audit is subject to discovery according to the rules of civil or criminal procedure. If a regulated entity discloses a violation found during an environmental audit, the section of the env…

SDCL § 1-41-25.3 Use of environmental audit as defense

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An environmental audit may not be used as a defense to a civil or criminal action if a regulated entity: (1) Has willfully and with knowledge violated state or federal environmental law, rule, regulation, or permit; (2) Has established a pattern of repeatedly violating environmen…

SDCL § 1-41-25.4 Removal of regulated entity from environmental audit provisions

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If abuses of §§ 1-41-25 to 1-41-25.4 , inclusive, occur, the secretary may remove any violation by a regulated entity from the provisions of §§ 1-41-25 to 1-41-25.4 , inclusive, upon entering a finding that the regulated entity has: (1) Intentionally misrepresented material facts…

SDCL § 1-41-26 Promulgation of rules governing inspection of certain concentrated animal feeding operations

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The Department of Agriculture and Natural Resources shall promulgate rules pursuant to chapter 1-26 to establish an inspection and enforcement program or system for any concentrated animal feeding operation that is required to operate under a general or individual water pollution…

SDCL § 1-41-27 Electronic signatures permitted on certain documents

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The department may accept a document with an electronic signature if submitted in that form by the signatory to comply with state environmental regulatory requirements. The department shall provide for the authenticity of each electronic signature by adhering to any standards est…

SDCL § 1-41-28 Establishment of program to separate and recover recyclable materials--Inclusion of local government

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The Department of Agriculture and Natural Resources shall establish a program to reduce the amount of solid waste generated by state agencies and to promote the separation and recovery of recyclable materials and the procurement of recycled materials and recovered materials by st…

SDCL § 1-41-28.1 Promulgation of rules for state agency recycling programs

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The Department of Agriculture and Natural Resources shall promulgate rules pursuant to chapter 1-26 to require each state agency to establish a program for the separation for recycling of all materials listed in § 34A-6-67 or whose disposal is prohibited by rule under §§ 34A-6-59…

SDCL § 1-41-3.1 Functions of Division of Forestry within Department of Game, Fish and Parks transferred to Department of Agriculture and Natural Resources

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The functions of forestry pursuant to chapter 41-20 and forest insect and disease control pursuant to chapter 41-21 within the Department of Game, Fish and Parks are hereby transferred under a type 2 transfer, as defined in section 3, chapter 2 of the Session Laws of 1973, to the…

SDCL § 1-41-3.2 Office of agricultural and natural resources policy created--Responsibilities

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There is hereby created within the Department of Agriculture and Natural Resources the office of agricultural and natural resources policy. The office is responsible for researching and developing factual information on issues affecting the State of South Dakota and its agricultu…

SDCL § 1-41-3.3 Divisions constituting department

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The Department of Agriculture and Natural Resources shall consist of such divisions as the secretary determines in accordance with § 1-32-4 . Source: SL 1973, ch 2 , § 118; SL 1991, ch 17 (Ex. Ord. 91-4), § 18; SDCL § 1-40-4; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 202…

SDCL § 1-41-3.4 Limitation on stringency of certain rules

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No rule that has been promulgated pursuant to Title 34A, 45, 46, or 46A may be more stringent than any corresponding federal law, rule, or regulation governing an essentially similar subject or issue. Source: SL 1992, ch 254 , § 100; SDCL § 1-40-4.1; SL 2021, ch 1 (Ex. Ord. 21-3)…

SDCL § 1-41-4 Former departments--Functions performed

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The Department of Agriculture and Natural Resources shall, under the direction and control of the secretary of agriculture and natural resources, perform all the functions of the Department of Agriculture created by chapters 38-1 , 39-1 , 40-37 , 41-20 , 54-13 , and the functions…

SDCL § 1-41-4.1 Performance of functions of abolished agencies

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The Department of Agriculture and Natural Resources shall, under the direction and control of the secretary of agriculture and natural resources, administer all the functions of the following former agencies: (1) The Division of Markets created by chapter 38-1 ; (2) The Division …

SDCL § 1-41-5 Boards and commissions--Administrative functions performed by department--Nomination of officers

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The Department of Agriculture and Natural Resources shall, under the direction and control of the secretary of agriculture and natural resources, perform all administrative functions except special budgetary functions (as defined in § 1-32-1 ) of the following boards and commissi…

SDCL § 1-41-6.1 State Conservation Commission--Organization

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The State Conservation Commission, created by § 38-7-3 , shall continue within the Department of Agriculture and Natural Resources. Source: SL 1975, ch 23 , § 4; SL 2021, ch 1 (Ex. Ord. 21-3), § 48, eff. Apr. 19, 2021; SL 2024, ch 166 , § 2. 1-41-7 1-41-7. Repealed by SL 1974, ch…

SDCL § 1-43-1 Department continued

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The Department of Health is hereby continued. Source: SL 1973, ch 2 , § 210.

SDCL § 1-43-11 Cancer data collection system

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The Department of Health shall establish and maintain a central cancer data collection system for cancer cases in South Dakota in accordance with the confidentiality provisions of § 34-14-1 and the terms of §§ 1-43-11 to 1-43-17 , inclusive. Source: SL 1991, ch 18 , § 1.

SDCL § 1-43-12 Authority to contract for implementation and maintenance of cancer data collection system

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In establishing a cancer data collection system pursuant to § 1-43-11 , the Department of Health may by contract or agreement authorize any person or any public or private entity or any combination of persons or entities to implement and maintain any portion of the cancer data co…

SDCL § 1-43-13 Rules for establishment, maintenance, and use of cancer data collection system

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The Department of Health shall promulgate rules pursuant to chapter 1-26 to provide for the establishment, maintenance, and use of a cancer data collection system pursuant to §§ 1-43-11 and 1-43-12 . The rules shall include: (1) Provisions requiring the reporting of cancer cases …

SDCL § 1-43-14 Cancer detection or treatment reporting requirements

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Any hospital licensed pursuant to chapter 34-12 , physician licensed pursuant to chapter 36-4 , physician assistant licensed pursuant to chapter 36-4A , certified nurse practitioner or certified nurse midwife licensed pursuant to chapter 36-9A , pathology laboratory, or free-stan…

SDCL § 1-43-16 Data collection--Availability to public

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Any statistical summary of data collected under the provisions of §§ 1-43-11 to 1-43-17 , inclusive, shall be available to the public, but may not be sold by the Department of Health or any agent under contract or agreement with the department pursuant to § 1-43-12 . Any data rel…

SDCL § 1-43-17 Good faith reporting--Immunity from liability

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Good faith reporting or disclosure pursuant to §§ 1-43-11 to 1-43-16 , inclusive, does not constitute a libel or slander or violation of the right of privacy or privileged communication. Any person who in good faith complies with the reporting requirements of §§ 1-43-11 to 1-43-1…

SDCL § 1-43-18 Transmittal of nonresident cancer diagnoses to national cancer registries

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The Department of Health, by agreement, may transmit transcripts or copies of reports of cancer diagnoses to state or national cancer registries if the reports relate to residents of other states or countries. The agreement shall require that the transcripts or records be used un…

SDCL § 1-43-19 Comprehensive health data system established--Purpose

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The Department of Health shall coordinate the establishment and maintain oversight of a comprehensive health data system for the purposes of: (1) Health care planning, policy development, policy evaluation, and research by federal, state, and local governments; (2) Monitoring pay…

SDCL § 1-43-2 Secretary as head of department--Functions

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The head of the Department of Health is the secretary of health. He shall administer all the functions of the former position of state health officer, created by chapter 34-1 . Source: SL 1973, ch 2 , § 211; SL 1974, ch 3 , § 27. 1-43-2.1

SDCL § 1-43-20 Public or private entities allowed to implement and maintain health care data system

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In establishing a health care data system pursuant to § 1-43-19 , the Department of Health may by contract or agreement authorize any person or any public or private entity or any combination of persons or entities to implement and maintain any portion of the health care data sys…

SDCL § 1-43-21 Promulgation of rules for establishment, maintenance and use of health care data system

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The Department of Health shall promulgate rules pursuant to chapter 1-26 to provide for the establishment, maintenance, and use of a health care data system pursuant to §§ 1-43-19 and 1-43-20 . The rules shall include: (1) A listing of specific data elements to be reported; (2) C…

SDCL § 1-43-24 Annual health data system report available to public

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Annual reports of data collected pursuant to §§ 1-43-19 to 1-43-21 , inclusive, shall be available to the public. Any data released shall be presented in a manner such that no person may be identified. Source: SL 1993, ch 23 , § 6; SL 2013, ch 154 , § 3. 1-43-25 1-43-25 to 1-43-2…

SDCL § 1-43-31 Information excepted from health data system reporting requirements

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Nothing established in §§ 1-43-19 and 1-43-33 , or in any rules promulgated pursuant thereto requires any health facility as defined in chapter 34-12 to provide any information which would violate the provisions of § 36-4-26.1 . Source: SL 1994, ch 24 , § 5; SL 2013, ch 154 , § 8…

SDCL § 1-43-32 Contingent implementation of comprehensive health data system

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Implementation of the comprehensive health data system shall be contingent upon the receipt of federal or other funds by the Department of Health or other relevant state agencies to the extent necessary to carry out the provisions of §§ 1-43-19 and

SDCL § 1-43-33 Promulgation of rules for comprehensive health data system.

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The Department of Health shall promulgate rules, pursuant to chapter 1-26 , to specify criteria, procedures, and forms for submitting health related data and to establish standards for information collection. Source: SL 1994, ch 24 , § 7.

SDCL § 1-43-34 Criminal background investigation of new forensic chemistry and vital records employees--Temporary employment

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Each person hired by the Department of Health, within the forensic chemistry unit of the State Public Health Laboratory or the Office of Vital Records, shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation an…

SDCL § 1-44-1 Department continued

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The Department of Transportation is hereby continued. Source: SL 1973, ch 2 , § 221.

SDCL § 1-44-11 Performance of functions of Aeronautics Commission

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The Department of Transportation shall, under the direction and control of the secretary of transportation, perform all the functions of the Aeronautics Commission except: (1) Advisory functions, as defined in § 1-32-1 , with respect to programs associated with the commission; (2…

SDCL § 1-44-16 Contracts for tourism promotion programs

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The Department of Transportation shall contract annually with the Tourism Department and with this department only for the conduct of any and all tourism promotion programs to be undertaken by the Department of Transportation. Source: SL 1973, ch 2 , § 207; SL 1984, ch 207 , § 11…

SDCL § 1-44-18 Duties of department as to railroads

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The Department of Transportation shall conduct research on basic railroad problems, plan and assist in the development of rail transportation, develop and maintain a federal - state relationship of programs relating to railroads, assist any public or private agency or corporation…

SDCL § 1-44-2 Secretary as head of department

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The head of the Department of Transportation is the secretary of transportation. Source: SL 1973, ch 2 , § 222.

SDCL § 1-44-20 Powers of department as to railroads

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The Department of Transportation, with the approval of the South Dakota State Railroad Board and the written consent of the Governor, may enter into agreements, contracts, leases (as lessor or lessee), or other arrangements with any corporation, partnership, individual, agency, o…

SDCL § 1-44-21 Legislative approval prerequisite to purchase or contract to purchase railroad rolling stock

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Notwithstanding the provisions of this chapter, the railroad authority or the Department of Transportation may not purchase or contract to purchase any railroad rolling stock without the prior specific approval of the Legislature. Source: SL 1980, ch 325 , § 3A; SL 1981, ch 331 ,…