Title 1 — STATE AFFAIRS AND GOVERNMENT

1-46-5 Performance of functions of former Department of Military and Veterans Affairs. 1-46-6 Repealed. 1-46-6.1 National Guard. 1-46-7 1-46-7 to 1-46-9. Superseded. 1-46-10

Source: SL 1973, ch 2 , § 276; SL 2011, ch 1 (Ex. Ord. 11-1), § 26, eff. Apr. 12, 2011; SL 2023, ch 108 , § 1.

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…

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 …

Source: SL 2011, ch 1 (Ex. Ord. 11-1), § 22, eff. Apr. 12, 2011; SL 2020, ch 140 , § 8.

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…

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…

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…

Ord. 11-1 ), § 109, eff. Apr. 12, 2011. 1-47-1.1 Department created. 1-47-2 Secretary as head of department. 1-47-3 Performance of departmental functions. 1-47-4

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

The Commission on Gaming and its functions, including those functions under chapters 42-7 and 42-7B , in the former Department of Revenue and Regulation are transferred to the Department of Revenue. The secretary of the Department of Revenue shall perform the functions of the for…

The Insurance Fraud Prevention Unit and its functions created and authorized by chapter 58-4A in the former Department of Revenue and Regulation are transferred to the Attorney General. The Attorney General shall perform the functions of the former secretary of the Department of …

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 31, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1), § 119, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021; SL 2024, ch 146 , § 22.

The Abstractors Board of Examiners, created by chapter 36-13 , and its functions in the former Department of Revenue and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of th…

The Real Estate Commission created by chapter 36-21A and its functions in the former Department of Revenue and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former s…

The Division of Lottery, created by chapter 42-7A and its functions in the former Department of Revenue and Regulation are transferred to the Department of Revenue created by Executive Reorganization Order 2011-01. The secretary of revenue shall perform the functions of the Execu…

The Lottery Commission created by chapter 42-7A and its functions in the former Department of Revenue and Regulation are transferred to the Department of Revenue created by Executive Reorganization Order 2011-01. The secretary of revenue shall perform the functions of the former …

The Division of the Secretariat and its functions in the former Department of Revenue and Regulation are transferred to the Department of Revenue created by Executive Reorganization Order 2011-01. The secretary of revenue shall perform the functions of the former secretary of rev…

The Division of Business Tax and its functions in the former Department of Revenue and Regulation are transferred to the Department of Revenue created by Executive Reorganization Order 2011-01. The secretary of revenue shall perform the functions of the former secretary of revenu…

The Division of Property and Special Taxes and its functions in the former Department of Revenue and Regulation are transferred to the Department of Revenue created by Executive Reorganization Order 2011-01. The secretary of revenue shall perform the functions of the former secre…

The head of the Department of Revenue is the secretary of revenue who shall be appointed by the Governor, by and with the consent of the senate, and serve at the pleasure of the Governor. Source: SL 1973, ch 2 , § 278; SL 2003, ch 272 (Ex. Ord. 03-1) § 82; SL 2011, ch 1 (Ex. Ord.…

The Division of Audits and its functions in the former Department of Revenue and Regulation are transferred to the Department of Revenue created by Executive Reorganization Order 2011-01. The secretary of revenue shall perform the functions of the former secretary of revenue and …

The Department of Revenue shall, under the direction and control of the secretary of revenue, perform all the functions of the Department of Revenue created by chapter 10-1 . Source: SL 1973, ch 2 , §§ 54, 280; SL 2003, ch 272 (Ex. Ord. 03-1) § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ),…

1-47-5

Ord. 11-1 ), § 112, eff. Apr. 12, 2011. 1-47-5.1 Division of Motor Vehicles transferred. 1-47-6 Division of Banking transferred. 1-47-7 Banking Commission continued. 1-47-8

The Division of Motor Vehicles and its functions in the former Department of Revenue and Regulation are transferred to the Department of Revenue created by Executive Reorganization Order 2011-01. The secretary of revenue shall perform the functions of the former secretary of reve…

The Division of Banking created by chapter 51A-2 and its functions in the former Department of Revenue and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secre…

The South Dakota State Banking Commission shall continue in the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Revenue and Regulation, relating to the South Dakot…

Ord. 17-2 ), § 22, eff. Apr. 13, 2017. 1-47-9 Division of Insurance transferred. 1-47-10 Commission on Gaming transferred. 1-47-11 Insurance Fraud Prevention Unit transferred. 1-47-12 Repealed. 1-47-13 Abstractors Board of Examiners transferred. 1-47-14 Real Estate Commission tra…

The Division of Insurance created by chapter 58-2 and its functions listed under Title 58, in the former Department of Revenue and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the funct…

The State Public Health Laboratory shall be located in the Department of Health and shall meet all required federal certifications and regulations. The laboratory may provide environmental, medical, and forensic toxicology and drug testing for the purpose of protecting and promot…

The State Public Health Laboratory shall: (1) Set appropriate performance standards and qualifications of the laboratory employees; (2) Administer state and federal laws which pertain to public laboratory licensure, certification, or both; and (3) Promulgate rules, pursuant to ch…

Any money received pursuant to this chapter shall be deposited in a special revenue fund in the state treasury which is established and designated as the state laboratory fund. All receipts therein shall be available to the State Public Health Laboratory and may be expended pursu…

All examinations, tests, and analysis requested of the State Public Health Laboratory shall be provided promptly and the results immediately certified to the submitter. Source: SL 1985, ch 283 , § 5; SL 2019, ch 11 , § 5.

A copy of the results of any examination or analysis of any product or article by the State Public Health Laboratory, duly authenticated by the analyst, is prima facie evidence in all courts of the matters and facts contained in the examination or analysis. Source: SL 1985, ch 28…

There is created the South Dakota State Emergency Response Commission. The commission shall consist of ten members. The secretary of the Department of Agriculture and Natural Resources, the secretary of the Department of Transportation, the director of the Division of Emergency a…

At the end of the budget year the SERC shall submit a report to the Legislature detailing any fees collected pursuant to § 1-50-8 which are in excess of the amount appropriated for these purposes and request a budget appropriation to remit this amount to the local emergency plann…

The South Dakota State Emergency Response Commission shall: (1) Coordinate and implement the requirements placed on the state by 42 U.S.C. § 11001 et seq. as in effect on January 1, 1991; (2) Designate local emergency planning districts and supervise and coordinate the activities…

The South Dakota State Emergency Response Commission may promulgate rules pursuant to chapter 1-26 to establish procedures for local emergency planning committees to apply for and receive grants from the commission for training and planning. The rules may include provisions to ev…

The Department of Agriculture and Natural Resources may accept and expend for the purpose of this chapter any funds obtained from federal sources, gifts, contributions, or any other source if such acceptance and expenditure is approved in accordance with §

In accordance with the requirements imposed on the State Emergency Response Commission by 42 U.S.C. § 11001 et seq. as in effect on January 1, 1990, the commission shall assist with local emergency planning committee plan development and review local plans for completeness. In ad…

The Legislature finds that in order to protect the public health, safety, welfare, and the environment of this state, it is in the public interest of the state to have a strong state emergency response commission with such resources as are necessary to fully implement the provisi…

For purposes of this chapter, "SERC" means State Emergency Response Commission and "SARA" means the Superfund Amendments and Reauthorization Act of 1986 as amended to January 1, 1992. Source: SL 1992, ch 254 , § 62; SDCL § 34A-12-20; SL 1993, ch 257 , § 1.

There is hereby imposed an annual reporting fee upon each facility required to report hazardous substances as provided in SARA, title III, sections 312 and 313 in accordance with the following schedule: (1) SARA, title III, section 312--any facility required to report under this …

There is hereby created the SARA fee subfund of the environmental fee fund established in §

[Repealed or reserved.]

[Repealed or reserved.]

There is hereby created a Department of Public Safety. The head of the Department of Public Safety is the Secretary of Public Safety who shall be appointed and serve pursuant to the provisions of the S.D. Const., Art. IV, § 9. Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 18.

The Division of Commercial Inspection and Licensing of the Department of Public Safety shall perform: (1) The functions of the former Division of Consumer Protection pursuant to chapters 34-39 , 37-2 , 37-20 , 37-21 , 37-22 , 37-22A , 39-1 , 39-4 , and 39-13 ; and (2) The functio…

The Division of Commercial Inspection and Licensing shall, under the direction and control of the secretary of public safety, perform all the functions of the former heavy scales division of the Public Utilities Commission, created by chapter 37-22 . Source: SL 1973, ch 2 , § 53;…