100 chapters · 1,959 sections in this title.
SDCL § 34-3-6 Departmental funds deposited with county treasurer--Disbursements
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In the case of a full - time county health department, all funds made available for the operation of such department from all sources shall be deposited with the county treasurer who shall disburse said funds as provided by law upon vouchers certified by the health officer. Sourc…
SDCL § 34-3-7 Departmental funds deposited with treasurer of participating first or second class municipality--Disbursements
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When a municipality of the first class participates in the operation of a full - time county health department, the funds made available for the operation of said department may, by mutual agreement between the governing body of said municipality and the board of county commissio…
SDCL § 34-3-8 Dissolution of full - time county department--Withdrawal of first or second class municipality from participation
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A full - time county health department may be dissolved by resolution of the board of county commissioners, and a first or second class municipality may withdraw from such department by resolution of its governing body, at any time after one year from the establishment of the dep…
SDCL § 34-3-9 District health department established by counties and first and second class municipalities--City contributions
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Two or more adjacent counties and municipalities of the first class located therein may, by mutual agreement of their governing boards, establish and maintain a full - time district health department. When municipalities of the first class desire to cooperate in the maintenance o…
SDCL § 34-3A-1 Special revenue funds authorized
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The counties and municipalities are hereby authorized to establish a home health agency services special revenue fund. Source: SL 1968, ch 26 .
SDCL § 34-3A-2 Fees paid into special revenue fund
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Fees collected for reimbursable expenditures and for services to patients in their homes by public health nurses, home health aides, physical therapists, and other specialized health personnel who are employees of counties and municipalities shall be receipted into said fund. Sou…
SDCL § 34-3A-3 Fees receivable by counties and municipalities
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The counties and municipalities are hereby authorized to receive the amount of fees to be charged for such services, that may be received from the patient, home health insurance benefits as provided by the Social Security Act and any amendments thereto, State Department of Social…
SDCL § 34-3A-4 Expenditures from special revenue fund
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Expenditures from such fund shall be used to assist in paying the salaries and expenses of such employees and all other reimbursable expenditures may be made without any additional appropriation authorization by the governing body. Source: SL 1968, ch 26 .
SDCL § 34-3A-5 Health service contracts with public or private agencies--Expenditures from special revenue fund
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The board of county commissioners or the governing bodies of a municipality may contract for health services with any public or private agency and expend funds for such purpose from the special revenue fund authorized by §
SDCL § 34-3A-6 Appropriations from general funds for contract purposes
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In lieu of, or in addition to, the expenditures authorized from the special revenue fund pursuant to § 34-3A-5 , such board of county commissioners or the governing bodies of municipalities may appropriate out of the general fund of their respective counties or municipalities for…
Drug abuse prevention and rehabilitation programs authorized--Scope--Contributions to nonprofit organizations
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The boards of county commissioners of the several counties and the governing bodies of municipalities are authorized to: (1) Create and operate programs for alerting area citizens to the present incidence, causes and nature of misuse and abuse of drugs, including alcohol, and sub…
SDCL § 34-3B-3 General fund appropriations authorized for drug abuse programs
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For the purpose of carrying out this chapter, the boards of county commissioners shall appropriate money out of the general fund of their respective counties and the governing bodies of municipalities may appropriate money out of the general fund of their respective municipalitie…
SDCL § 34-3B-4 Programs of nonprofit organizations to be approved--Records and audits
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Payments to nonprofit organizations engaged in programs described in § 34-3B-1 shall be based on programs previously approved by the governing boards. Complete records on all their activities and a certified audit of these records shall be submitted to the governing boards upon d…
SDCL § 34-4-5 Employment of nursing personnel by county commissioners
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The board of county commissioners of any county may at any time when in their judgment and discretion the public health and interests of such county will be benefited thereby, employ nursing personnel as defined in chapter 36-9 . Source: SL 1919, ch 149 , § 4; SDC 1939, § 27.2004…
SDCL § 34-5-1 Purpose of chapter
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The intent of this chapter is for the accumulation and continuation of a sufficient fund for the use of the respective counties in this state so as to permit in any year the efficient and immediate snow removal on county roads, for repair of damages thereon caused by melting snow…
SDCL § 34-5-10 Distressed food defined
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As used in §§ 34-5-9 to 34-5-18 , inclusive, unless the context otherwise requires, "distressed food" means all food, food products, drugs, alcoholic or nonalcoholic beverages, nonedible products expected to be used in or around the home kitchen, medicines, and related items that…
SDCL § 34-5-11 Investigations by secretary--Right of entry
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The secretary shall have the authority to investigate all known disasters or situations that may have resulted in distressed food pursuant to §
SDCL § 34-5-11.1 Examination of food as necessary--Ordering removal from availability
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Food may be examined by the department as often as may be necessary to determine freedom from adulteration. The Department of Health may, upon written notice to the owner, order removal of adulterated food from availability for human consumption. Source: SL 1980, ch 238 , § 5.
SDCL § 34-5-11.2 Hearing--Destroying or denaturing order--Judicial review
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The owner may request a hearing, pursuant to chapter 1-26 , which must be granted and held within ten days of a removal order. Based upon the hearing, the Department of Health may issue a destroying or denaturing order. The owner may appeal to the circuit court within three days …
SDCL § 34-5-12 Unauthorized removal of distressed food as misdemeanor
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No person shall remove, salvage, destroy, or convert for personal use any distressed food at the site of a disaster without consent of the secretary. A violation of this section is a Class 1 misdemeanor. Source: SL 1974, ch 241 , § 4; SL 1977, ch 190 , § 9.
SDCL § 34-5-13 Removal of food by law enforcement officers allowed when necessary
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Sections 34-5-9 to 34-5-18 , inclusive, do not prevent any state, county, or municipal law enforcement officer from supervising the moving of distressed food to a temporary holding area when such movement is necessary for highway safety or protection and control of the distressed…
SDCL § 34-5-14 Interdepartmental agreements authorized--Purpose
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The secretary is hereby authorized to enter into mutual agreements with secretaries of other state departments to provide better utilization of personnel in administration of §§ 34-5-9 to 34-5-18 , inclusive, and in any emergency where preassigned functions may have been delineat…
SDCL § 34-5-15 Rules and regulations--Hold orders or condemnation--Misdemeanor
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The Department of Health may promulgate and the secretary of health shall enforce rules and regulations, under the provisions of chapter 1-26 , governing the control, movement, sorting, embargo, buying, selling, storage, and salvage of distressed food. The department may use hold…
SDCL § 34-5-17 Severability of provisions
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If a part of §§ 34-5-9 to 34-5-18 , inclusive, is invalid, all valid parts that are severable from this invalid part remain in effect. If a part of said sections is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable…
SDCL § 34-5-18 Citation of provisions
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Sections 34-5-9 to 34-5-18 , inclusive, may be cited as the South Dakota Distressed Food Act. Source: SL 1974, ch 241 , § 9.
SDCL § 34-5-2 County levy for snow removal and special emergency reserve fund--Collection of levy
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The board of county commissioners may establish a county snow removal and special emergency reserve fund by the levy of a tax up to but not exceeding one dollar and twenty cents per thousand dollars of taxable valuation within the county. The tax levy authorized by this section i…
SDCL § 34-5-3 Purposes for which reserve fund used
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The county snow removal and special emergency reserve fund after the creation thereof shall be used for the following purposes only: (1) Snow removal operations on county roads; (2) Repair of damages to county roads and bridges directly resulting from or caused only by melting sn…
SDCL § 34-5-4 Determination of necessity for snow removal--Emergency and disaster declared by Governor or county commissioners
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The board of county commissioners with the county highway superintendent shall be the sole judges as to the necessity, need, and emergencies for snow removal operations and repairs, and shall exercise full discretion with decisions relative thereto. To expend money from said fund…
SDCL § 34-5-5 Authorization and approval of money paid from fund
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All money allowed and paid from a fund established under § 34-5-2 shall first be authorized and approved by the board of county commissioners and, in operations directly relating to snow removal, snow damage, or prevention of snow accumulation, or purchase and repair of snow remo…
SDCL § 34-5-6 Accounting for expenditures from fund
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The county highway superintendent shall keep in a separate record book a detailed account of all money expended from the county snow removal and special emergency reserve fund directly relating to snow removal, snow damage, prevention of snow accumulation, or purchase and repair …
SDCL § 34-5-7 Accumulation of unexpended balances in fund--Diversion for other purposes prohibited
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Any unexpended balance remaining in the county snow removal and special emergency fund at the end of the fiscal year shall be allowed to accumulate as a reserve fund and available for future use as set forth in §
SDCL § 34-5-9 Definition of terms related to distressed food
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Terms as used in §§ 34-5-9 to 34-5-18 , inclusive, unless the context otherwise requires, mean: (1) "Department," the Department of Health; (2) "Person," an individual, partnership, copartnership, cooperative, firm, company, public or private corporation, or any other legal entit…
SDCL § 34-7-25 Repealed by SL 2012, ch 177 , § 33
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34-7-26. Repealed by SL 1982, ch 16 , § 25.
SDCL § 34-7-27 SDCL 34-7-27
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Repealed by SL 2012, ch 177 , § 34.
SDCL § 34-8-1 Establishment and maintenance of county hospital authorized--Types of institutions included
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The board of county commissioners in any county in this state may establish and maintain or lease to be maintained a county hospital for the care and treatment of county charges, and such other persons as may apply for admission to such hospital. In this chapter, the term "hospit…
SDCL § 34-8-10 Leasing in lieu of county operation of hospital--Bond required
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The board of county commissioners, instead of maintaining and operating said hospital in the name of the county, may call for bids for the leasing thereof for a term of years, to competent and responsible societies or corporations, which shall furnish a sufficient bond to be appr…
SDCL § 34-8-11 County hospital as public hospital--Charges paid from county general fund--Collection of accounts
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Every county hospital established and maintained under the provisions of this chapter shall be kept and maintained as a public, county hospital. It may charge a reasonable price for the use of such hospital and its facilities to such persons being residents of the county as may b…
SDCL § 34-8-12 Rules governing admission to hospital--Reimbursement of county for cost of care--Costs paid from general fund
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The board of county commissioners shall establish rules, not inconsistent with the laws of this state, covering the admission of persons to the county hospital provided for in § 34-8-1 , and shall require every person admitted to such hospital to pay the county the cost of his ca…
SDCL § 34-8-13 Receipts for payments to hospital
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Triplicate receipts shall be issued by the secretary of the board of trustees for all moneys received, showing the amount of money received, the date of its receipt, and the person from whom, and the purpose for which it was received. The original of such receipt shall be deliver…
SDCL § 34-8-14 Lien of county for hospital costs paid from poor fund
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Whenever any county within this state shall become obligated to and does pay the hospital bills and charges for any of the persons defined in § 34-8-11 as "county charges without means," the county in such case shall have a lien upon all of the property, real and personal except …
SDCL § 34-8-15 Lien for cost of hospital services provided persons other than county charges
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Whenever any county within this state, maintaining and operating a hospital under the provisions of this chapter, is requested to and does furnish the use of its hospital and its facilities to any person or to any member of such person's family, who may be other than persons defi…
SDCL § 34-8-16 Termination of lien for hospital charges
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The lien provided for in § 34-8-15 shall cease at the end of ninety days after the rendering of the last service or the last use of the facilities of such hospital, unless the board of county commissioners shall direct the county auditor to cause to be filed with the register of …
SDCL § 34-8-17 Filing of statement of hospital charges--Indexing and notice of lien
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Whenever directed by the board of county commissioners, of the county maintaining and operating a hospital under the provisions of this chapter, the auditor of said county shall cause to be filed in the office of the register of deeds of such county a verified statement containin…
SDCL § 34-8-18 Foreclosure of lien for hospital charges
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The lien provided by § 34-8-15 shall be foreclosed as provided by chapter 28-14 , and all property acquired by the county upon any such foreclosure shall be disposed of as provided by said chapter. Source: SDC 1939, § 27.1906 as added by SL 1957, ch 120 .
SDCL § 34-8-19 County levy for operation and maintenance of hospital
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The board of county commissioners of any county maintaining, operating, or leasing to any organization a county hospital shall appropriate from the general fund an amount sufficient to operate and maintain the county hospital. Source: SDC 1939, § 27.1909 as enacted by SL 1951, ch…
SDCL § 34-8-2 County bonds authorized for hospital purchase, construction or equipment--Maximum amount--Annual tax--Issuance--Sale
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The board of county commissioners in any county in this state may issue the bonds of the county for the purpose of purchasing an existing hospital and site, upon an appraisal by a board established by usual procedure with or without equipment and supplies, or other suitable build…
SDCL § 34-8-20 Monthly payment of hospital receipts into fund--Use of surplus in fund
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The board of trustees shall at least once in each month pay to the county treasurer all moneys received by them as hospital fees or otherwise, which shall be by him deposited in the county hospital fund, which fund shall be available for the payment of any expenses incurred in op…
SDCL § 34-8-22 Warrants for disbursements from hospital fund
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Warrants drawn by the board of county commissioners for the payment of expenses of operating and maintaining the hospital shall be upon vouchers approved and signed by the president and secretary of the board of trustees. Source: SL 1919, ch 282 ; SL 1929, ch 210 , § 9; SDC 1939,…
SDCL § 34-8-23 County wards in other hospitals--Appropriation
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The board of county commissioners of any county in which no county hospital has been established may establish one or more wards in any public or private hospital situated in the county, or any adjoining county for the use of the county under such regulations as may be agreed upo…
SDCL § 34-8-4 Election on county hospital or bond issue--Percentage of vote required for approval
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The board of county commissioners may by resolution or ordinance submit the question of establishing and maintaining a county hospital to the voters of the county at any regular election or at a special election called for that purpose. The election shall be held in the manner an…