Title 34, PUBLIC HEALTH AND SAFETY

The Governor may cooperate with or enter into agreements with agencies of the federal government to the extent necessary or appropriate to implement the provisions of the Disaster Relief Act of 1974, as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Ac…

The auditor general shall conduct required audits of disaster project applications pursuant to the Federal Register, Volume 40, Number 103, part III, General Section. Source: SL 1977, ch 271 , § 41; SDCL § 33-15-25.2 .

Each organized county of this state shall establish a local organization and develop an emergency plan for emergency management in accordance with the state emergency management plan and program. Source: SL 1949, ch 236 , § 8; SL 1951, ch 285 , § 8; SL 1953, ch 288 , § 5; SDC Sup…

The secretary of public safety may employ technical, clerical, stenographic, and other personnel pursuant to chapter 3-6D . The secretary may make expenditures from the funds made available to the secretary for purposes of emergency management, as may be necessary to carry out th…

Each local organization for emergency management shall have a director who shall be appointed by the executive officer or governing body of the county, and who shall have direct responsibility for the development and implementation of emergency and disaster plans, organization, a…

Each political subdivision in which any disaster or emergency as described in subdivision 34-48A-1(2) occurs, may enter into contracts and incur obligations necessary to combat the disaster or emergency, to protect the health and safety of persons and property, and to provide eme…

Each county shall establish an emergency management fund in the office of the county treasurer, which shall be a special revenue fund. Any reimbursement or matching funds for emergency management purposes from any source whatever, shall be deposited in the special emergency and d…

If an emergency management special revenue fund has been established, in accordance with this chapter, and the moneys in the fund are insufficient to pay the full amount of a proposed purchase under a federal matching funds project, the county or district may request an advance o…

In addition to the other provisions of this chapter, any county may join with other counties to form emergency management districts. Each county may appropriate money out of the general fund to pay salaries and expenses of such emergency management district. Source: SL 1959, ch 2…

The director of a local emergency management organization may develop mutual aid arrangements consistent with state plans and programs. The provisions of such arrangements shall be implemented in the event of emergency or disaster. Source: SL 1949, ch 236 , § 9; SL 1951, ch 285 ,…

The director of each local organization for emergency management may, subject to the approval of the Governor, enter into mutual aid arrangements with emergency management agencies or organizations in other states for reciprocal emergency management aid and assistance in case of …

Any emergency management worker performing emergency management at any place in this state pursuant to agreements, compacts, or arrangements for mutual aid and assistance, to which the state or political subdivision thereof is a party, shall possess the same powers, duties, immun…

Each district organization for emergency management may establish a special emergency and disaster fund in the office of the county treasurer of the county where the district office is located, which shall be a special revenue fund. Any reimbursement or matching funds from any so…

All functions under this chapter and all other activities relating to emergency management are governmental functions. Neither the state nor any political subdivision thereof, nor other agencies, nor, except in cases of willful misconduct, gross negligence, or bad faith, any emer…

In the event of disaster, war, act of terrorism as defined in state law, or emergency that is beyond local government capability, the Governor: (1) May assume direct operational control over all or any part of the emergency management functions within the state which may affect a…

Except as otherwise provided in this section, no state agency, political subdivision, or any elected or appointed official or employee of this state or of a political subdivision may, under any governmental authority or color of law exercised pursuant to this chapter, including a…

Any requirement for a license to practice any professional, mechanical, or other skill does not apply to any authorized emergency management worker who shall, in the course of performing his duties as such, practice such professional, mechanical, or other skill during a disaster …

Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering perso…

No organization for emergency management established under the authority of this chapter may participate in any form of political activity, nor may it be employed directly or indirectly for political purposes. Source: SL 1949, ch 236 , § 13; SL 1951, ch 285 , § 13; SDC Supp 1960,…

The Uniform Emergency Management Assistance Compact is hereby enacted into law and entered into by the State of South Dakota with all other states legally joining the compact, in the form substantially as follows: ARTICLE I--PURPOSE AND AUTHORITIES This compact is made and entere…

The State and Province Emergency Management Assistance Memorandum of Understanding is hereby enacted into law and entered into by the State of South Dakota with all other states legally joining the agreement, in the form substantially as follows: ARTICLE I -- PURPOSE AND AUTHORIT…

The state, a fire department, a law enforcement agency, or a county-recognized entity that provides public search and rescue services may collect the actual costs of the search and rescue services provided on school or public lands or in a national park, national forest, or state…

Whenever the Governor, pursuant to § 34-48A-5 , declares an emergency or disaster to exist within the state, the Governor may authorize and direct the resources of any political subdivision of the state or of any department, commission, or agency of the state to assist another po…

Any emergency management worker on duty in a receiving political subdivision has the same powers, duties, rights, privileges, and immunities as if the worker was performing like services in the sending political subdivision and is considered to be acting within the scope and in t…

The receiving political subdivision shall reimburse the sending political subdivision for all supplies used, the expenses of all equipment used, and the compensation paid to all officers and members of such forces so furnished during such time as the rendition of such aid prevent…

In performing his duties under this chapter, and to effect its policy and purpose, the Governor is further authorized and empowered to make, amend, and rescind the necessary orders to carry out the provisions of this chapter within the limits of the authority conferred upon him h…

Terms used in this chapter mean: (1) "Brand family," all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, menthol, lights, kings, and 100s. "Brand family" include…

A manufacturer, distributor, wholesaler, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of §§ 34-49-2 to 34-49-7 , inclusive, is subject to a civil penalty by the state fire marshal not to exceed one hu…

A retailer who knowingly sells or offers to sell cigarettes in violation of §§ 34-49-2 to 34-49-7 , inclusive, shall be subject to a civil penalty by the state fire marshal not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale. However, in no…

In addition to any penalty prescribed by law, any manufacturer that knowingly makes a false certification pursuant to § 34-49-8 is subject to a civil penalty by the state fire marshal of at least seventy-five thousand dollars and not to exceed two hundred and fifty thousand dolla…

Any person violating any other provision in this chapter is subject to a civil penalty for a first offense not to exceed one thousand dollars, and for a subsequent offense subject to a civil penalty by the state fire marshal not to exceed five thousand dollars for each subsequent…

If any law enforcement officer or the state fire marshal, the attorney general, or the secretary discovers any cigarettes for which no certification and fee has been filed as required by § 34-49-8 or that have not been marked as required by § 34-49-9 , such person is hereby autho…

In addition to any other remedy provided by law, the state fire marshal or attorney general may file an action for a violation of this chapter, including: (1) Petitioning for preliminary or permanent injunctive relief against any manufacturer, importer, distributor, wholesaler, r…

For purposes of determining compliance with, and enforcing the provisions of, this chapter, the secretary, the attorney general, and the state fire marshal may disclose to each other any information received under this chapter. Source: SL 2009, ch 172 , § 16, eff. Jan. 1, 2011.

To enforce the provisions of this chapter, the attorney general, the secretary, the state fire marshal, and other law enforcement officer are hereby authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any prem…

There is hereby established in the state treasury a special fund to be known as the cigarette fire safety standard act fund. The fund shall consist of all certification fees paid under this chapter and all moneys recovered as penalties under this chapter. The moneys shall be depo…

Nothing in this chapter prohibits any person or entity from manufacturing or selling cigarettes that do not meet the requirements of §§ 34-49-2 to 34-49-7 , inclusive, if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United S…

Except as provided in § 34-49-7 , no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this…

Nothing in this chapter prohibits any distributor, wholesaler, or dealer from selling its existing inventory of cigarettes on or after January 1, 2011, if the distributor, wholesaler, or dealer establishes that the state tax stamps were affixed to the cigarettes before January 1,…

This chapter preempts any local law, ordinance, or regulation that conflicts with any provision of this chapter or any policy of the state implemented in accordance with this chapter and, notwithstanding any other provision of law, a governmental unit of this state may not enact …

The provisions of this chapter are repealed if a federal reduced cigarette ignition propensity standard that expressly preempts this chapter is adopted and becomes effective. Source: SL 2009, ch 172 , § 22, eff. Jan. 1, 2011.

It is the intent of the Legislature that this chapter be construed consistent with comparable reduced ignition propensity laws enacted by other states. Source: SL 2009, ch 172 , § 23, eff. Jan. 1, 2011.

Each cigarette listed in a certification submitted pursuant to § 34-49-8 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least two nominally identical bands on the paper surrou…

A manufacturer of a cigarette that the state fire marshal determines cannot be tested in accordance with the test method prescribed in § 34-49-2 shall propose a test method and performance standard for the cigarette to the state fire marshal. Upon approval of the proposed test me…

Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years and shall make copies of these reports available to the state fire marshal and the attorney general upon written request. Any manufacturer …

The state fire marshal may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared t…