Title 1 — STATE AFFAIRS AND GOVERNMENT
88 chapters · 1,826 sections in this title.
SDCL § 1-41-8 Obsolete
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1-41-9 Repealed. 1-41-10 Repealed. 1-41-11 Board of Water and Natural Resources created--Functions--Appointment and terms of members. 1-41-11.1 Officers of board--Quorum--Removal of members. 1-41-11.2 Water Management Board--Transfer of certain functions to Board of Water and Nat…
SDCL § 1-41-9 Repealed
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Source: SL 1985, ch 399 , § 19; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 49, eff. Apr. 19, 2021.
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
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 §
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 § 1-43-20 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
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 to 1-43-28. Repea…
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 §
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…
1-44-16 Contracts for tourism promotion programs
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1-44-17
SDCL § 1-44-1 Department continued
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The Department of Transportation is hereby continued. Source: SL 1973, ch 2 , § 221.
SDCL § 1-44-12 Repealed by SL 1997, ch 16 , § 2
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1-44-13 1-44-13 to 1-44-14.1. Repealed by SL 2010, ch 145 , §§ 6 to 8. 1-44-15
SDCL § 1-44-15 SDCL 1-44-15
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Transferred to §
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 § 1-44-17 Repealed by SL 1996, ch 20 , § 4
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1-44-18 Duties of department as to railroads. 1-44-19
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 § 1-44-19 Repealed by SL 1982, ch 19
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1-44-20 Powers of department as to railroads. 1-44-21 Legislative approval prerequisite to purchase or contract to purchase railroad rolling stock. 1-44-22 Department may accept and spend funds. 1-44-23
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 ,…
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. Repealed by SL 1987, ch 210 , § 1.
SDCL § 1-44-23 Repealed by SL 1987, ch 210 , § 1
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1-44-24 Liberal construction of department's authority. 1-44-25 South Dakota State Railroad Board--Appointment--Terms--Vacancy--Officers--Removal. 1-44-26 Railroad Board--Qualifications of members. 1-44-27 Approval by Railroad Board of department activities. 1-44-28 Management of…
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 § 1-44-26 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…
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 §
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. Repealed by SL 2015, ch 13 , § 1. 1-44-34. Repealed by SL 1982, ch 21 , § 1. 1-44-35. Repealed by SL 2006, ch 2 , § 13.
SDCL § 1-44-33 Repealed by SL 2015, ch 13 , § 1
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1-44-34
SDCL § 1-44-34 Repealed by SL 1982, ch 21 , § 1
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1-44-35
SDCL § 1-44-35 Repealed by SL 2006, ch 2 , § 13
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1-44-36 Use of recovered material by Department of Transportation.
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…