Title 34 — PUBLIC HEALTH AND SAFETY

100 chapters · 1,959 sections in this title.

1,959 sectionsFiltered byTitle 34

SDCL § 33-15-3 SDCL 33-15-3
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[Repealed or reserved.]
SDCL § 33-15-31 SDCL 33-15-31
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[Repealed or reserved.]
SDCL § 33-15-32 SDCL 33-15-32
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[Repealed or reserved.]
SDCL § 33-15-33 SDCL 33-15-33
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[Repealed or reserved.]
SDCL § 33-15-34 SDCL 33-15-34
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[Repealed or reserved.]
SDCL § 33-15-35 SDCL 33-15-35
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[Repealed or reserved.]
SDCL § 33-15-36 SDCL 33-15-36
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[Repealed or reserved.]
SDCL § 33-15-37 SDCL 33-15-37
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[Repealed or reserved.]
SDCL § 33-15-38 SDCL 33-15-38
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[Repealed or reserved.]
SDCL § 33-15-39 SDCL 33-15-39
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[Repealed or reserved.]
SDCL § 33-15-41 SDCL 33-15-41
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[Repealed or reserved.]
SDCL § 33-15-44 SDCL 33-15-44
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[Repealed or reserved.]
SDCL § 33-15-48 SDCL 33-15-48
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[Repealed or reserved.]
SDCL 33-15-8.2
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[Repealed or reserved.]
SDCL 33-15-8.3
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[Repealed or reserved.]
SDCL § 33-15-9 SDCL 33-15-9
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[Repealed or reserved.]
SDCL § 33-15-9.1 SDCL 33-15-9.1
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[Repealed or reserved.]
SDCL § 34-48-1 Definition of terms
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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…
SDCL § 34-48-10 Coordination with chapters 1-24 and 34-48A
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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.
SDCL § 34-48-11 Liability coverage for law enforcement officers responding to requests for assistance
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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…
SDCL § 34-48-12 Wages, pension, worker's compensation, and other service rights and benefits for law enforcement officers responding to requests for assistance
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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…
SDCL § 34-48-2 Requests for assistance by public agencies and covered entities--Use of Incident Command System
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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…
SDCL § 34-48-3 Oral or written requests to representative
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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…
SDCL § 34-48-4 Provision of assistance
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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.
SDCL § 34-48-5 Withdrawal of assistance
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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.
SDCL § 34-48-6 Authority of personnel
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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…
SDCL § 34-48-7 Reimbursement of expenses
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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…
SDCL § 34-48-8 Ownership of and liability for assistance provided
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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…
SDCL § 34-48-9 Civil liability for assistance--Immunity
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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…
SDCL § 34-48A-1 Definitions
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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 …
SDCL § 34-48A-10 Special permits for emergency movement of persons and property in lieu of other permits
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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…
SDCL § 34-48A-11 Preparation of comprehensive plan--Coordination with federal plan
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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…
SDCL § 34-48A-12 Contents of plan--Supplies and equipment--Cooperation with federal government--Agreements with other states--Distribution and allocation--Training and information programs
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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…
SDCL § 34-48A-13 Municipalities to provide contact list of public officials to Division of Emergency Management--Contents
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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…
SDCL § 34-48A-14 Municipalities to provide contact list of certain public employees to Division of Emergency Management
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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…
SDCL § 34-48A-15 County commission to provide contact list of public officers and employees to Division of Emergency Management--Contents
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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…
SDCL § 34-48A-16 Boards of supervisors to provide contact list of public officers and employees to Division of Emergency Management--Contents
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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…
SDCL § 34-48A-17 Department of Public Safety to promulgate rules for emergency reporting procedures
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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…
SDCL § 34-48A-18 Confidentiality of information
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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 §
SDCL § 34-48A-19 Mutual aid arrangements with other states and between political subdivisions
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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,…
SDCL § 34-48A-2 Policy and purpose
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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…
SDCL § 34-48A-20 Cooperation with federal agencies--Mobilization of forces--Warning signals--Utility systems--Public meetings--Evacuation
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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 …
SDCL § 34-48A-21 Assignment of workers to reinforce local organization--Call to duty--Place of duty
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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…
SDCL § 34-48A-22 Emergency management workers--Rights, duties, and compensation
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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…
SDCL § 34-48A-23 Civil immunity of persons requested to assist with hazardous material incidents--Exceptions
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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…
SDCL § 34-48A-25 Reimbursement of local governments for employees' expenses and damages
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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, …
SDCL § 34-48A-26 Duty to utilize already existing facilities
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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…
SDCL § 34-48A-27 Secretary of public safety responsible for carrying out emergency management program
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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…
SDCL § 34-48A-28 Special emergency and disaster special revenue fund
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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…
SDCL § 34-48A-29 Credits to fund--Expenditures from fund
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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…