Title 34, PUBLIC HEALTH AND SAFETY

No person may be charged with more than one violation in any twenty - four hour period which results from sales to persons purchasing during unannounced random inspections. Source: SL 1999, ch 178 , § 2.

Enforcement of this chapter shall be implemented in an equitable and uniform manner throughout the state so as to ensure the eligibility for and receipt of any federal funds or grants that the state now receives or may receive relating to the provisions of this chapter. For the p…

There is hereby created the tobacco prevention and reduction program in the Department of Health. Source: SL 2000, ch 174 , § 1; SL 2001, ch 189 , § 1. 34-46-8

The Department of Health shall develop and approve a state - wide strategic plan to prevent and reduce tobacco use. The plan shall set forth short term and long term goals, adequate benchmarks and standards by which measures of program success under § 34-46-10 may be appropriatel…

The board of directors of a rural fire protection district created pursuant to chapter 34-31A and the board of directors of an ambulance district created pursuant to chapter 34-11A may consolidate a rural fire protection district and an ambulance district provided the boundaries …

If the voters of both the rural fire protection district and ambulance district approve a consolidation pursuant to § 34-47-1 , the districts shall be consolidated into an emergency services district on the following January first. After the voters of each district approve the co…

An emergency services district shall have all of the rights and responsibilities of a rural fire protection district and an ambulance district as found in chapters 34-31A and 34-11A . An emergency services district may levy the taxes permitted to both a rural fire protection dist…

If any ambulance district organized pursuant to chapter 34-11A or rural fire protection district organized pursuant to chapter 34-31A is consolidated pursuant to this chapter, such consolidation may not impair, affect, or discharge any contract, obligation, lien, or change for or…

Terms used in this chapter mean: (1) "Assistance," the provision of personnel, equipment, expertise, supplies, or other products or services excluding financial assistance from the state; (2) "Covered entity," any other private or nonprofit entity that provides emergency function…

Nothing in this chapter limits or supercedes the provisions of chapter 1-24 and chapter 34-48A . The provisions of this chapter may be used contemporaneously with any agreement under chapters 1-24 or 34-48A . Source: SL 2006, ch 189 , § 10.

Any law enforcement officer responding to a request under the provisions of this chapter shall be treated as a law enforcement officer of the requesting agency for liability purposes while in its jurisdiction, and the requesting agency shall obtain and maintain liability coverage…

Any law enforcement officer who is ordered by the deploying agency or who responds to the request of the authorities of another public agency to perform law enforcement duties outside territorial limits of the public agency where the officer is employed, is entitled to the same w…

In addition to the provisions of chapter 1-24 and chapter 34-48A , any public agency or covered entity may request assistance from any other public agency or covered entity in order to preserve and protect the public health, safety, and welfare. The requesting public agency and t…

Any public agency or covered entity requesting assistance under this chapter may do so through an oral or written request to a representative of the deploying public agency or covered entity to which the request is directed who is authorized to control the items of assistance bei…

Any deploying public agency or covered entity receiving a request for assistance under this chapter may provide the requested assistance. Source: SL 2006, ch 189 , § 4.

Any deploying public agency or covered entity that provides assistance pursuant to a request under this chapter may withdraw that assistance at any time. Source: SL 2006, ch 189 , § 5.

All personnel deployed by the deploying public agency or covered entity retain all authority of the deploying public agency or covered entity and are entitled to act with all authority available to similarly situated personnel of the public agency or covered entity receiving assi…

Any deploying public agency or covered entity involved in the incident may request reimbursement for its actual expenses. If reimbursement is requested, the deploying public agencies or covered entities involved shall agree upon the actual, reasonable expenses involved. A deployi…

Except as provided in § 34-48-12 , any deploying public agency or covered entity providing assistance in response to a request under this chapter shall maintain ownership of and liability for all assistance provided, including: (1) Worker's compensation coverage for personnel emp…

No person or public agency or covered entity may be held civilly liable for actions in requesting or providing assistance under this chapter except for acts of willful misconduct or gross negligence. Nothing in this chapter constitutes a waiver or abrogation of sovereign immunity…

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 …

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…

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…

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…

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…

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…

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…

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…

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…

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 § 33-15-11.6 .

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,…

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…

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 …

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…

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…

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…

The immunity granted by § 34-48A-23 shall extend to the employer of the person rendering such assistance, and to any other person, employer, partnership, or corporation legally responsible for the acts or omissions of such individual. Source: SL 1980, ch 235 , § 2; SDCL § 33-15-1…

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, …

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…

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…

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…

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…

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…

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…

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…

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…