Title 1 — STATE AFFAIRS AND GOVERNMENT
88 chapters · 1,826 sections in this title.
SDCL § 1-51-12 Criminal background checks for certain applicants and employees
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Each employee of the Department of Public Safety who performs state inspection services or any person who applies to the department seeking employment performing state inspection services shall submit to a state and federal criminal background investigation by means of fingerprin…
SDCL § 1-51-2 Division of Highway Patrol transferred
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The Division of Highway Patrol and its functions in the former Department of Commerce and Regulation are transferred to the Department of Public Safety created by Executive Reorganization Order 2003-01. The secretary of the Department of Public Safety shall perform the functions …
SDCL § 1-51-3 Division of Highway Safety transferred
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The Division of Highway Safety and its functions in the former Department of Commerce and Regulation are transferred to the Department of Public Safety created by Executive Reorganization Order 2003-01. The secretary of the Department of Public Safety shall perform the functions …
SDCL § 1-51-4 Division of Commercial Inspection and Licensing, Office of Weights and Measures, Office of Driver Licensing, Office of the Fire Marshal and Office of Inspections transferred--Fire Marshal's Advisory Board continued
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The Division of Commercial Inspection and Licensing, including the offices of Weights and Measures, Driver Licensing and the Office of the Fire Marshal and Office of Inspections, and its functions in the former Department of Commerce and Regulation are transferred to the Departme…
SDCL § 1-51-6 Office of Accident Records transferred
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The Office of Accident Records, Department of Transportation, and its functions are transferred to the Department of Public Safety created by Executive Reorganization Order 2003-01. The secretary of the Department of Public Safety shall perform the functions of the secretary of t…
SDCL § 1-51-7 Office of State Radio transferred
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The Office of State Radio, Bureau of Information and Telecommunications, and its functions are transferred to the Department of Public Safety created by Executive Reorganization Order 03-1. The secretary of the Department of Public Safety shall perform the functions of the commis…
SDCL § 1-51-8 Division of Emergency and Disaster Services transferred
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The Division of Emergency and Disaster Services in the Department of Military and Veterans Affairs and its functions are transferred to the Department of Public Safety. The secretary of the Department of Public Safety shall perform the functions of the secretary of the Department…
SDCL § 1-51-9 State 911 Coordinated Statewide System Task Force transferred
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The South Dakota 911 Coordinated Statewide System Task Force attached to the Division of Emergency and Disaster Services in the Department of Military and Veterans Affairs and its functions are transferred to the Department of Public Safety. The secretary of the Department of Pub…
SDCL § 1-52-1 Department of Tourism created--Secretary as head
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There is hereby created a Department of Tourism. The head of the Department of Tourism is the secretary of tourism 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), § 58, eff. Apr. 17, 2003; SL 2…
SDCL § 1-52-14 Board of Tourism--Advisory functions
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The Board of Tourism is hereby continued and shall exercise advisory functions with relation to the Department of Tourism. Source: SL 1987, ch 390 (Ex. Ord. 87-1), § 27; SL 2003, ch 272 (Ex. Ord. 03-1), § 99; SDCL § 1-42-21.1 ; SL 2009, ch 1 , § 129; SL 2011, ch 1 (Ex. Ord. 11-1 …
SDCL § 1-52-15 Members--Term--Vacancy
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The Board of Tourism consists of eleven members appointed by the Governor. Not all members may be from the same political party and the members shall be representative of the tourism industry in all geographic areas of the state. The term of each member is four years. A member ap…
SDCL § 1-52-16 Officers--Quorum--Meetings
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The Board of Tourism shall annually elect from its membership any officers it deems advisable. A majority of the members constitutes a quorum. The board shall meet at the call of the chair or a majority of the members but shall meet at least twice annually. Source: SL 1982, ch 17…
SDCL § 1-52-2 Department of Tourism and State Development abolished--Functions transferred
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The Department of Tourism and State Development is abolished. The position of secretary of tourism and state development is abolished. The following functions of the former Department of Tourism and State Development are transferred to the Department of Tourism: (1) Office of Tou…
SDCL § 1-52-7.1 South Dakota Arts Council transferred
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The South Dakota Arts Council, created by chapter 1-22 , and its functions in the former Department of Tourism and State Development are transferred to the Department of Tourism created by Executive Reorganization Order 2011-01. The secretary of tourism shall perform the function…
SDCL § 1-53-1 Governor's Office of Economic Development created--Commissioner as head
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There is hereby created a Governor's Office of Economic Development within the Department of Executive Management. The head of the Governor's Office of Economic Development is the commissioner of the Governor' s Office of Economic Development who shall be appointed and serve purs…
SDCL § 1-53-10 Economic Development Finance Authority transferred
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The Economic Development Finance Authority created by Chapter 1-16B and its functions in the Department of Tourism and State Development are transferred to the Governor's Office of Economic Development. The commissioner of the Governor's Office of Economic Development shall perfo…
SDCL § 1-53-11 South Dakota Ellsworth Development Authority transferred
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The South Dakota Ellsworth Development Authority created by chapter 1-16J and its functions in the Department of Tourism and State Development are transferred to the Governor's Office of Economic Development created by Executive Reorganization Order 2011-01. The commissioner of t…
SDCL § 1-53-12 Office of Research Commerce transferred
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The Office of Research Commerce and its functions in the Department of Tourism and State Development are transferred to the Governor's Office of Economic Development created by Executive Reorganization Order 2011-01. The commissioner of the Governor's Office of Economic Developme…
SDCL § 1-53-13 South Dakota Science and Technology Authority transferred
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The South Dakota Science and Technology Authority created by chapter 1-16H and its functions in the Department of Tourism and State Development are transferred to the Governor's Office of Economic Development created by Executive Reorganization Order 2011-01. The commissioner of …
SDCL § 1-53-14 Repealed by SL 2015, ch 7 , § 3
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1-53-15 Small business credit initiative fund. 1-53-16 Acceptance or expenditure of funds reported in informational budget. 1-53-17 Deposits into and expenditures from small business credit initiative fund. 1-53-18 Property given as security for loan. 1-53-19 Confidentiality of c…
SDCL § 1-53-15 Small business credit initiative fund
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There is established within the state treasury a fund to be known as the small business credit initiative fund for the purpose of making loans for economic development as permitted by 12 U.S.C. Chapter 54 (2021). Source: SL 2012, ch 15 , § 1; SL 2022, ch 6 , § 1.
SDCL § 1-53-16 Acceptance or expenditure of funds reported in informational budget
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For the purposes of §§ 1-53-15 to 1-53-19 , inclusive, the Board of Economic Development may accept, expend, or loan any funds previously received or to be obtained from federal sources and any funds to be obtained from gifts, contributions, or any other source if such acceptance…
SDCL § 1-53-17 Deposits into and expenditures from small business credit initiative fund
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Any repayment of loans and interest thereon must be receipted into the small business credit initiative fund and expended by the Board of Economic Development for the following purposes: (1) The payment of administrative costs as permitted pursuant to 2 C.F.R Part 200 Subpart E, …
SDCL § 1-53-18 Property given as security for loan
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The Board of Economic Development may take title by foreclosure or transfer in lieu of foreclosure to any property given as security if the acquisition is necessary to protect or collect any small business credit initiative loan and may sell, transfer, or convey any such property…
SDCL § 1-53-19 Confidentiality of certain information concerning small business credit initiative loans
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The deliberations of the Board of Economic Development concerning small business credit initiative loans are confidential and are exempt from public disclosure. Any documentary material or data made or received by the Board of Economic Development or the Governor's Office of Econ…
SDCL § 1-53-2 Functions transferred
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The Governor's Office of Economic Development referenced in chapter 1-52 and its functions in the Department of Tourism and State Development are transferred to the Governor's Office of Economic Development created by Executive Reorganization Order 2011-01. The commissioner of th…
SDCL § 1-53-20 Criminal background investigation of new employees--Temporary employment--Fees
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Each person hired as an employee at the Governor's Office of Economic Development, whose primary duties include access to financial account numbers of financial assistance applicants or who have the authority to authorize grants, loans, or other financial assistance shall submit …
SDCL § 1-53-21 Farm link program established
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The farm link program is hereby established and shall be administered by the Governor's Office of Economic Development and the South Dakota Cooperative Extension Service. Under the program, the Governor's Office of Economic Development shall create a directory of prospective begi…
SDCL § 1-53-22 Promulgation of rules governing farm link program
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The Governor's Office of Economic Development shall promulgate rules pursuant to chapter 1-26 to administer the farm link program established pursuant to §
SDCL § 1-53-23 Commissioner of Governor's Office of Economic Development as state official to receive rural rehabilitation trust assets
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The commissioner of the Governor's Office of Economic Development is hereby designated as the state official of the State of South Dakota to make application to and receive from the secretary of agriculture of the United States, or any other proper federal official, pursuant and …
SDCL § 1-53-24 Agreements for administration of trust assets by federal government
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The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized to enter into agreements with the secretary of agriculture of the United States pursuant to section 2(f) of the aforesaid act of the Congress of the United States, …
SDCL § 1-53-25 Deposit of trust assets with state treasurer--Purposes for which used
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Notwithstanding any other provision of law, funds and the proceeds of the trust assets which are not authorized to be administered by the secretary of agriculture of the United States under the provisions of § 1-53-24 must be received by the commissioner of the Governor's Office …
SDCL § 1-53-26 Compromise, adjustment, and collection of claims and obligations
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The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized and empowered to collect, compromise, adjust, or cancel claims and obligations arising out of or administered under §§ 1-53-23 to 1-53-37 , inclusive, or under any …
SDCL § 1-53-27 Purchase and acquisition of property securing indebtedness
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The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized and empowered to bid for and purchase at any execution, foreclosure, or other sale, or otherwise to acquire property upon which the commissioner has a lien by reaso…
SDCL § 1-53-28 Operation, lease, and disposition of property purchased or acquired
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The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized and empowered to accept title to any property purchased or acquired pursuant to § 1-53-27 ; to operate or lease such property for such period as may be deemed neces…
SDCL § 1-53-29 Investment, transfer, and sale of securities and obligations--Purposes
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The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized and empowered to negotiate, renegotiate, invest, reinvest, transfer, and sell securities, notes, bonds, mortgages, and other obligations, including funds and the pr…
SDCL § 1-53-3 Purpose of Governor's Office of Economic Development
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The Governor's Office of Economic Development shall forge a private-public partnership among state government, local communities, higher education, and the private sector to create jobs that create goods and services for use within the state and for export outside the state, whic…
SDCL § 1-53-30 Promulgation of rules for disposition of claims and administration of trust
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The commissioner of the Governor's Office of Economic Development, in compliance with the provisions of chapter 1-26 , shall promulgate rules for disposition of claims and administration of trust assets authorized under §§ 1-53-23 to 1-53-37 , inclusive, including all loan progra…
SDCL § 1-53-31 Powers delegated to secretary of agriculture of United States
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The authority contained in §§ 1-53-26 to 1-53-29 , inclusive, may be delegated to the secretary of agriculture of the United States with respect to funds or assets authorized to be administered and used by him under agreements entered into pursuant to §
SDCL § 1-53-32 United States held free from liability
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The United States and the secretary of agriculture thereof, shall be held free from liability by virtue of the transfer of the assets to the commissioner of the Governor's Office of Economic Development pursuant to §§ 1-53-23 to 1-53-37 , inclusive. Source: SL 1951, ch 4 , § 6; S…
SDCL § 1-53-33 Severability of provisions
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If any provision of §§ 1-53-23 to 1-53-37 , inclusive, or the application thereof to any person or circumstances, is held invalid, the remainder of §§ 1-53-23 to 1-53-37 , inclusive, and the application of such provision to other persons or circumstances, shall not be affected th…
SDCL § 1-53-34 Value added agriculture subfund created
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There is created within the rural rehabilitation fund created in § 1-53-23 , the value added agriculture subfund. The purpose of the subfund created by this section is to make grants or loans for agricultural development, feasibility studies, or marketing. Source: SL 2013, ch 192…
SDCL § 1-53-35 Value added agriculture subfund administration
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The Board of Economic Development shall administer the value added agriculture subfund, and make grants or loans from the value added agriculture subfund. The value added agriculture subfund shall be used to develop and promote value added agriculture in South Dakota including th…
SDCL § 1-53-36 Earnings on value added agriculture subfund
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Earnings on the value added agriculture subfund may be used by the Governor's Office of Economic Development for the administrative costs of this program. Such earnings shall be expended in accordance with the provisions of Title 4 on warrants drawn by the state auditor on vouche…
SDCL § 1-53-37 Promulgation of rules--Value-added agriculture subfund
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In connection with the administration of the value added agriculture subfund, the Board of Economic Development may, pursuant to chapter 1-26 , promulgate rules the board determines are necessary to implement the purposes of §§ 1-53-34 to 1-53-36 , inclusive, including: (1) Setti…
SDCL § 1-53-38 South Dakota Certified Beef Program
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Sections 1-53-38 to 1-53-47 , inclusive, shall be cited as the South Dakota Certified Beef Program Act of 2005. Source: SL 2005, ch 218 , § 1, eff. Mar. 8, 2005; SDCL § 39-24-1 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 59, eff. Apr. 14, 2019.
SDCL § 1-53-39 Beef products produced by registered participants in compliance with requirements authorized for sale as South Dakota Certified Beef
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Only beef products, whether live animals or finished consumer products, which have been produced by registered participants in full compliance with all the applicable requirements of §§ 1-53-38 to 1-53-47 , inclusive, may be certified, identified, classified, packaged, labeled, o…
SDCL § 1-53-4 Functions of Governor's Office of Economic Development
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The Governor's Office of Economic Development shall perform the following functions to seek new employment opportunities, strengthen existing employment opportunities, and spawn new and innovative economic development opportunities: (1) To attract to South Dakota those business e…
SDCL § 1-53-40 Authority of Governor's Office of Economic Development--Program requirements and operation
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The commissioner of the Governor's Office of Economic Development may establish quality protocols, guidelines, program requirements, license fees, and license requirements and operate, supervise, and control the South Dakota Certified beef program. Source: SL 2005, ch 218 , § 3, …
SDCL § 1-53-41 Use of mark, copyright, or label--Violation as felony
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The use of any certification mark, trademark, service mark, copyright, or label of the South Dakota Certified beef program shall be in accordance with the terms and conditions of a valid license issued by the commissioner. A violation of this section is a Class 6 felony. Source: …