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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 § 1-44-22 Department may accept and spend funds
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The Department of Transportation may accept and spend all funds, revenues, and proceeds from any source received in connection with the exercise of its powers. Source: SL 1980, ch 325 , § 4; SL 1996, ch 20 , § 8. 1-44-23
SDCL § 1-44-24 Liberal construction of department's authority
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The authority of the Department of Transportation to arrange for and coordinate rail service shall be broadly and liberally construed. Source: SL 1980, ch 325 , § 6; SL 1996, ch 20 , § 9.
SDCL § 1-44-25 South Dakota State Railroad Board--Appointment--Terms--Vacancy--Officers--Removal
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The South Dakota State Railroad Board consists of seven members to be appointed by the Governor. Members shall serve a three-year term. No more than five members may be of the same political party. No person may be appointed to the board who is an elected official of the State of…
SDCL § 1-44-26 Railroad Board--Qualifications of members
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At least one member, in the opinion of the Governor, shall be a person experienced in or having a favorable reputation for skill, knowledge, and experience in business management. At least one member, in the opinion of the Governor, shall be a person experienced in or having a fa…

Showing 1,301–1,350 of 1,501

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SDCL § 1-44-27 Approval by Railroad Board of department activities

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The Department of Transportation shall obtain the approval of the Railroad Board in the matters of operation, management, finance, marketing, and development of rail service over all properties and facilities acquired, leased, or controlled by the state. Source: SL 1980, ch 325 ,…

SDCL § 1-44-28 Management of state railroad property--Notice of sale--Option to lessee or abutting owner--Right of use by utility

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The Department of Transportation shall manage all real and personal property acquired by the state for railroad purposes and shall secure all income available from those properties. The secretary of transportation may negotiate, enter into, execute, and issue leases, licenses, ea…

SDCL § 1-44-29 Records of railroad property management

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The Department of Transportation shall maintain those property management records generally maintained by railroads for state - owned railroad property and facilities. Source: SL 1981, ch 12 , § 2; SL 1996, ch 20 , § 12.

SDCL § 1-44-3 Agencies constituting department

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The Department of Transportation shall consist of any agency that may be created by law, executive order, or administrative action and placed under the Department of Transportation. Source: SL 1973, ch 2 , § 224; SL 1996, ch 20 , § 1.

SDCL § 1-44-30 Rules for management of property

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Pursuant to chapter 1-26 , the railroad board shall adopt and publish rules to implement § 1-44-29 . The railroad board may, by board resolution, implement the provisions of § 1-44-28 and need not implement such provisions pursuant to §§ 1-26-4 to 1-26-14 , inclusive. Source: SL …

SDCL § 1-44-31 Railroads administration fund--Creation--Services--Expenditure

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There is hereby created a special fund in the state treasury known as the railroads administration fund. All rentals, fees, charges, and income received through the management of railroad property, both real and personal, shall be paid into the railroads administration fund. To t…

SDCL § 1-44-32 Funds subject to state budget provisions

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Expenditures from the railroads administration fund shall be made in accordance with chapter 4-7 . Source: SL 1981, ch 12 , § 5. 1-44-33 1-44-33. Repealed by SL 2015, ch 13 , § 1. 1-44-34 1-44-34. Repealed by SL 1982, ch 21 , § 1. 1-44-35

SDCL § 1-44-36 Use of recovered material by Department of Transportation

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The Department of Transportation shall use or encourage the use of the maximum possible amount of recovered material, such as foundry sand, glass, pavement, and rubber recovered from waste tires as surfacing material, structural material, landscaping material, and fill for all hi…

SDCL § 1-44-37 Assumption of federal environmental responsibilities--Highway projects in state

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The Department of Transportation may, by agreement with the federal government pursuant to 23 U.S.C. §§ 326 and 327, assume all or part of the responsibilities of the federal government under the National Environmental Policy Act, as set forth under 42 U.S.C. §§ 4321 to 4370, inc…

SDCL § 1-44-38 Assumption of federal environmental responsibilities--Sovereign immunity waived

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In cases that involve compliance, discharge, or enforcement of responsibilities assumed by the Department of Transportation under § 1-44-37 , this state waives sovereign immunity from suit in federal court provided under the Eleventh Amendment to the Constitution of the United St…

SDCL § 1-44-4 Transportation Commission created--Appointment and qualifications of members

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There is created the Transportation Commission within the Department of Transportation. The Transportation Commission consists of nine members. The Governor shall appoint the members. All members are full voting members of the commission. Not all members of the commission may be …

SDCL § 1-44-5 Geographic areas represented on Transportation Commission

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Members of the Transportation Commission shall be appointed to represent geographic population areas as follows: (1) Two members from area 1, consisting of the counties of Beadle, Brookings, Brown, Clark, Codington, Day, Deuel, Edmunds, Faulk, Grant, Hamlin, Hand, Hyde, Kingsbury…

SDCL § 1-44-6 Terms of office of commission members--Vacancies

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Terms of members of the Transportation Commission are four years. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term. Source: SL 1973, ch 2 , § 233; SL 1973, ch 184 , § 2; SL 1979,…

SDCL § 1-44-7 Officers of Transportation Commission--Functions--Meetings

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The Transportation Commission shall annually elect from its members such officers as it deems advisable. A majority of the commission members constitute a quorum. The commission shall exercise such functions as are provided by this chapter and such other functions as may be assig…

SDCL § 1-44-7.3 Promulgation of rules regarding public transportation assistance grants

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The Transportation Commission shall promulgate rules, pursuant to chapter 1-26 , for administration, terms, and conditions for the disbursements of money to those eligible for public transportation assistance grant funds. Source: SL 1992, ch 21 , § 3; SL 2007, ch 28 , § 8; SL 201…

SDCL § 1-44-7.4 Rules for intercity bus service assistance

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The Transportation Commission shall promulgate rules pursuant to chapter 1-26 for the administration, terms, and conditions for the disbursement of money to the providers of intercity bus service and to establish criteria for the selection of such providers to receive funds appro…

SDCL § 1-44-7.5 Promulgation of rules regarding county highway and bridge improvement plans

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The Transportation Commission shall promulgate rules, pursuant to chapter 1-26 , to establish the requirements for a county highway and bridge improvement plan that details proposed county highway and bridge improvement projects in a county for the next five years. The rules shal…

SDCL § 1-44-8 Transportation Commission authority over allocation of construction funds

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Notwithstanding other provisions of this title, the Transportation Commission has final authority within the Department of Transportation over the allocation of all funds for the construction of transportation facilities. Source: SL 1973, ch 2 , § 234; SL 2010, ch 145 , § 5. 1-44…

SDCL § 1-45-1 Department continued

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The Department of Education is hereby continued. Source: SL 1973, ch 2 , § 235; SL 2003, ch 272 (Ex. Ord. 03-1), § 63.

SDCL § 1-45-1.1 Department renamed

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The Department formerly known as the Department of Education and Cultural Affairs is hereby renamed the Department of Education. The position formerly known as secretary of education and cultural affairs shall be referred to as the secretary of education and shall be appointed an…

SDCL § 1-45-1.2 Division of Library Services created--State Library Office transferred

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There is created a Division of Library Services within the Department of Education. The State Library Office is transferred from the Division of Cultural Affairs in the former Department of Education and Cultural Affairs to the Division of Library Services in the Department of Ed…

SDCL § 1-45-13 Functions performed by board

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The South Dakota Board of Education Standards shall perform those functions assigned in chapter 13-39 and all other functions as may be assigned by law. Source: SL 1973, ch 2 , § 248; SL 1975, ch 130 , § 5; SL 2017, ch 81 , § 57. 1-45-13.1 1-45-13.1. Repealed by SL 2014, ch 92 , …

SDCL § 1-45-18.1 Office of Cultural Preservation abolished

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The Office of Cultural Preservation established pursuant to chapter 1-45 is hereby abolished. Source: SL 1985, ch 400 , § 17. 1-45-19

SDCL § 1-45-19.1 Board of Cultural Preservation abolished

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The Board of Cultural Preservation established pursuant to chapter 1-45 is hereby abolished. Source: SL 1985, ch 400 , § 20. 1-45-20 1-45-20, 1-45-21. Obsolete. 1-45-22

SDCL § 1-45-2 Secretary as head of department

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The head of the Department of Education is the secretary of education. Source: SL 1973, ch 2 , § 236; SL 2003, ch 272 (Ex. Ord. 03-1) § 63.

SDCL § 1-45-23 Performance of museum functions

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The South Dakota State Historical Society shall perform all the functions of the following museums: (1) The museum at the University of South Dakota known as the W.H. Over State Museum; and (2) The museum at Pierre known as the South Dakota State History Museum. Source: SL 1973, …

SDCL § 1-45-27.1 Functions of planning commission transferred to secretary of education

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The functions of the Education and Cultural Affairs Planning Commission are transferred to the secretary of education. Source: SL 1983, ch 389 , § 17; SL 2003, ch 272 (Ex. Ord. 03-1) § 63; SL 2021, ch 73 , § 2. 1-45-28 1-45-28. Superseded. 1-45-29

SDCL § 1-45-3 Qualifications of secretary

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The secretary of the Department of Education shall be qualified by training and experience to administer the programs of the Department of Education and shall have such other qualifications as may be specified by statute. Source: SL 1973, ch 2 , § 238; SL 2003, ch 272 (Ex. Ord. 0…

SDCL § 1-45-30 Comprehensive plans defined

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Comprehensive education and cultural affairs plans shall be defined to mean any plan that involves programs under the jurisdiction of more than one of the divisions of the Department of Education or involving both public and private education or cultural programs. Source: SL 1973…

SDCL § 1-45-35 Administrative functions transferred to secretary

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All administrative functions of the former Board of Cultural Preservation are transferred to the secretary of education. Source: SL 1985, ch 400 , § 25; SL 2003, ch 272 (Ex. Ord. 03-1) § 63. 1-45-36 1-45-36. Repealed by SL 1996, ch 8 , § 24. 1-45-37

SDCL § 1-45-38 School Finance Accountability Board--Members--Terms--Waivers--Actions--Promulgation of rules--Report

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There is created the School Finance Accountability Board within the Department of Education. The board consists of five members appointed by the Governor. The members shall serve a term of four years. A school district may request that the School Finance Accountability Board waiv…

SDCL § 1-45-39 Teacher Compensation Review Board

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There is hereby created the Teacher Compensation Review Board within the Department of Education. The board shall review teacher compensation, including comparable wage indexes, in surrounding states at the completion of every two school years. The board shall report its findings…

SDCL § 1-45-4 Divisions and agencies constituting department--Independent functions--Budgetary powers of secretary--Planning powers of commission

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The Department of Education consists of the divisions of workforce and career preparation, education services and resources, library services, and such other divisions and agencies as may be created by law, executive order, or administrative action and placed within the departmen…

SDCL § 1-45-4.4 Services to visually impaired and deaf or hard of hearing children

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The Department of Education shall develop and implement a plan to identify and evaluate deaf or hard of hearing and visually impaired children and coordinate delivery of direct educational programs and services to meet the needs of all visually impaired and deaf or hard of hearin…

SDCL § 1-45-6.1 Board of Education Standards created--Appointment of members--Terms

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There is created within the Department of Education the South Dakota Board of Education Standards. The South Dakota Board of Education Standards shall consist of seven members. The members shall be appointed by the Governor with the advice and consent of the Senate. The terms of …

SDCL § 1-45-6.2 Vacancies on board--Meetings of board

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The initial term of office shall be designated by the Governor. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve only the unexpired portion of the term. The South Dakota Board of Education Standards shall meet at least fo…

SDCL § 1-46-1 Department created--Adjutant general as head

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There is hereby created a Department of the Military. The head of the Department of the Military is the adjutant general who shall be appointed and serve pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, § 9. Source: SL 1973, ch 2 , § 268; S…

SDCL § 1-46-11 Annual report and recommendations on civil air patrol

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The adjutant general shall submit at least annually to the Governor and Legislature a review, analysis, and set of recommendations concerning the operations and structure of the civil air patrol created by chapter 33-21 . Source: SL 1973, ch 2 , § 275.

SDCL § 1-46-3 Adjutant general functions

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The Office of the Adjutant General created by this chapter and its functions in the former Department of Military and Veterans Affairs are transferred to the Department of the Military created by Executive Reorganization Order 2011-01. The adjutant general shall perform the funct…

SDCL § 1-46-5 Performance of functions of former Department of Military and Veterans Affairs

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The Department of the Military shall, under the direction and control of the adjutant general, perform all the functions of the former Department of Military and Veterans Affairs under chapter 33-1 . Source: SL 1973, ch 2 , § 276; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 18, eff. Apr. 1…

SDCL § 1-46-6.1 National Guard

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The National Guard and its functions in the former Department of Military and Veterans Affairs are transferred to the Department of the Military created by Executive Reorganization Order 20 11-1 . The adjutant general shall perform the functions of the former secretary of the Dep…

SDCL § 1-46A-1 Department created--Secretary as head

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There is hereby created a Department of Veterans Affairs. The head of the Department of Veterans Affairs is the secretary of veterans affairs who shall be appointed and serve pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, § 9. Source: SL …

SDCL § 1-46A-3 Division of Veterans Affairs transferred

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The Division of Veterans Affairs created by chapter 1-46 and its functions in the former Department of Military and Veterans Affairs are transferred to the Department of Veterans Affairs created by Executive Reorganization Order 2011-01. The secretary of veterans affairs shall pe…

SDCL § 1-46A-4 Veterans Home transferred

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The State Veterans Home created by chapter 33A-4 and its functions in the former Department of Military and Veterans Affairs are transferred to the Department of Veterans Affairs created by Executive Reorganization Order 2011-01. The secretary of veterans affairs shall perform th…

SDCL § 1-46A-5 South Dakota Veterans Council--Consultation required--Duties--Entities comprising

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The Department of Veterans Affairs shall consult with the South Dakota Veterans Council on a biannual basis regarding matters related to veterans and their dependents. The council shall provide recommendations to the department on budgets, legislation, policies, and programs affe…

SDCL § 1-47-1.1 Department created

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There is hereby created a Department of Revenue. Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 35, eff. Apr. 12, 2011.