Title 1 — STATE AFFAIRS AND GOVERNMENT

Upon written notice to the commissioner of school and public lands given by the state archaeologist, the commissioner shall reserve from sale any state lands on which sites or artifacts are located or may be found, as designated by the state archaeologist. However, the reservatio…

When transferring real property under its jurisdiction that contains significant archaeological, aboriginal or other anthropological resources, the State of South Dakota, its agencies, departments, and institutions, may, upon the recommendation of the state archaeologist conditio…

It is the declared intention of the Legislature that field investigations on privately owned lands should be discouraged except in accordance with both the provisions and spirit of this chapter; and persons having knowledge of the location of archaeological sites are encouraged t…

The State Historical Society Board of Trustees may publicly designate an archaeological site of significance to the scientific study of public representation of the state's historical, prehistorical, or aboriginal past as a state archaeological register site. However, no site may…

Upon designation of an archaeological site, the owners and occupants of each designated state archaeological register site shall be given written notification of such designation by the state archaeologist. Once so designated, no person may conduct field investigation activities …

The State Historical Society Board of Trustees may issue permits for exploration and field investigations to be undertaken on state lands or within the boundaries of designated state archaeological register sites to institutions which the state archaeologist may deem to be proper…

When exploration or field investigations are undertaken pursuant to § 1-20-32 , a summary report of such undertakings, containing relevant maps, documents, drawings, and photographs shall be submitted to the state archaeologist for review. Source: SL 1974, ch 11 , § 6; SL 2021, c…

When a permit is issued pursuant to § 1-20-32 , the permittee shall prepare a technical report documenting such project or undertaking. The report shall be submitted to the state archaeologist for review and approval. The complete collection of the project is the permanent proper…

No person may conduct field investigation activities on any land owned or controlled by the state, its agencies, departments, and institutions, or within the boundaries of any designated state archaeological landmark, without first obtaining a permit from the State Historical Soc…

It is deemed an act of trespass for any person to remove artifacts and antiquities of the kind described in this chapter from the private land of any owner without the owner's permission being first obtained, in writing. A violation of this section is a Class 2 misdemeanor. Sourc…

No person may reproduce, retouch, rework, or forge any archaeological, paleontological, ethnological, or historical object, deriving its principal value from its antiquity, or make any object, whether copies or not, or falsely label, describe, identify, or offer for sale or excha…

There is created a State Fair Commission within the Department of Agriculture and Natural Resources. The commission shall act in an advisory capacity to the secretary of agriculture and natural resources. The commission may consist of up to thirteen members appointed by and servi…

1-21-1.2

Mar. 8, 2017. 1-21-2 Meetings of fair commission--Chair and vice chair. 1-21-3

The Department of Agriculture and Natural Resources may hold a state fair and other activities in the city of Huron at such times as it may determine. The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 concerning: (1) Traffic and camp…

1-21-14 Receipt and disbursement of funds. 1-21-15 1-21-15 , 1-21-16. Repealed by SL 2001, ch 10 , §§ 4, 5. 1-21-17 Confidentiality of contract terms and negotiations. 1-21-18

All sums received for admissions, concessions, and privileges, or for any purpose, by the secretary of agriculture and natural resources, shall be placed in the state fair fund and shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor up…

The terms of any contract and the negotiations for any contract between the secretary of agriculture and natural resources and any performers or entertainers may be kept confidential. However, sixty days after the expiration of such contract, the terms of such contract shall beco…

Repealed by SL 2015, ch 204 , § 1.

The State Fair Commission shall meet at least once a year in Huron, South Dakota. The commission may hold other meetings at places and at times requested by the secretary of agriculture and natural resources. At the first meeting of the year the commission shall elect from its ow…

1-21-4 State fair manager--Appointment and duties--Membership in State Fair Commission. 1-21-4.1

The secretary of agriculture and natural resources shall appoint and may, at pleasure, remove, subject to the approval by the Governor, a state fair manager. The manager shall perform such duties as may be required by the secretary of agriculture and natural resources. The state …

1-21-5

1-21-6 Supervision and control by secretary of agriculture and natural resources. 1-21-6.1 State fair law enforcement officers. 1-21-7 1-21-7 , 1-21-8. Repealed by SL 2003, ch 16 , §§ 4, 5. 1-21-9 Annual state fair--Exhibits. 1-21-10 Promulgation of rules. 1-21-11 1-21-11 , 1-21-…

The secretary of agriculture and natural resources has supervision and control of the state fairgrounds throughout the year. Source: SDC 1939 § 55.4601; SL 1939, ch 225 , § 1; SL 1949, ch 226 , § 1; SL 1953, ch 298 ; SL 1992, ch 8 , § 1; SL 2004, ch 18 , § 3; SL 2018, ch 13 , § 1…

The secretary of agriculture and natural resources may appoint as many law enforcement officers, as defined in § 23-3-27 and certified by the state, as may be necessary to serve as state fair law enforcement officers to ensure peace and good order on or about the fairgrounds. The…

The secretary of agriculture and natural resources shall hold one state fair each year on the grounds provided by the state in the city of Huron. The term, fair, as used in this chapter means a bona fide exhibit of livestock; mineral, agricultural, and horticultural products; mac…

The South Dakota Legislature, being aware of the impact of culture on a stable economy, desires to stimulate, encourage, and give recognition and assistance to the arts which, in order to grow and flourish, depend upon freedom, imagination and individual initiative. While the dev…

Any state building constructed, remodeled or renovated after December 31, 1989, shall include works of art for public display. Sections 1-22-9 to 1-22-17 , inclusive, do not apply to projects less than one hundred thousand dollars or to projects where the primary purpose is to re…

A special revolving fund is established within the state treasury to be known as the art for state buildings fund. The fund shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor on vouchers approved by the secretary of tourism and shall …

The council shall administer §§ 1-22-9 to 1-22-17 , inclusive. The council shall make an annual report to the Legislature of all activity under §§ 1-22-9 to 1-22-17 , inclusive. Source: SL 1989, ch 14 , § 4; SL 2009, ch 1 , § 118.

The council shall keep an inventory of the works of art acquired pursuant to §§ 1-22-9 to 1-22-17 , inclusive. It shall also periodically review and examine such artwork, reporting to the Legislature when restoring, repairing, or replacing any work of art is necessary. Source: SL…

Artists to create works of art and works of art to be acquired pursuant to §§ 1-22-9 to 1-22-17 , inclusive, shall be selected by the council, with the advice of a panel specifically chosen for each project, pursuant to procedures, promulgated pursuant to chapter 1-26 , establish…

The acquisition of art under §§ 1-22-9 to 1-22-17 , inclusive, is exempt from all state bidding requirements. Source: SL 1989, ch 14 , § 7.

The state shall receive the rights to sole ownership and public display of all art acquired under §§ 1-22-9 to 1-22-17 , inclusive, subject to the following rights retained by the artist: (1) The right to claim authorship of the work of art; (2) The right to have the artist's nam…

Nothing in §§ 1-22-9 to 1-22-17 , inclusive, may be construed as precluding the placement or purchase of other works of art. Nor may anything in §§ 1-22-9 to 1-22-17 , inclusive be construed as precluding the use of ornamental detailing, or other architectural, functional, or str…

There is created a South Dakota State Arts Council composed of eleven members appointed by the Governor. The members of the council shall be chosen to the extent practicable as representative of all the state's major art forms including instrumental and vocal music, dance, drama,…

The term of office of members of the State Arts Council is three years. The terms shall be staggered so that terms of four members expire on consecutive years and the terms of three members expire every three years. Any person appointed to fill the unexpired term of another appoi…

The per diem and expenses of members of the council shall be paid out of funds appropriated for the council on warrants drawn by the state auditor upon itemized vouchers approved by the chair of the state arts council. Source: SL 1966, ch 183 , § 7 as added by SL 1968, ch 240 ; S…

The arts council shall continue, with all its functions, in the Department of Tourism. The secretary of the Department of Tourism shall perform the functions formerly exercised by the former secretary of the Department of Tourism and State Development, relating to the arts counci…

The arts council shall choose from its membership a chair, vice-chair, secretary, and treasurer. Source: SL 1966, ch 183 , § 3; SL 2009, ch 1 , § 112.

The arts council shall meet at the call of the chair and as often as necessary to perform its duties. A majority of the members constitutes a quorum and may act on any matter falling within the scope of the council's activities. The council shall keep complete minutes of its meet…

The powers and duties of the council are: (1) To promote, stimulate, encourage, recognize, and assist the arts in every way possible; (2) To conduct research and provide a plan for the development of the arts in the State of South Dakota; (3) To coordinate activities of the feder…

The secretary of the Department of Tourism shall, subject to the approval of the Governor, appoint an executive director of the arts council, to serve at the pleasure of the secretary. The council shall provide such supplies and equipment as may be necessary. Source: SL 1966, ch …

This chapter may not be construed to provide control by the council over the content or expression of any of the art forms. Source: SL 1966, ch 183 , § 6; SL 1985, ch 12 , § 8.

There is created the office of poet laureate of South Dakota. The Governor shall appoint the poet laureate to serve at the pleasure of the Governor. No person is eligible for the appointment unless the person is a resident of this state. No person may be appointed unless such per…

The South Dakota Arts Council shall promulgate rules, pursuant to chapter 1-26 , for the administration of the arts program supported by federal or state funds. The rules shall include eligibility requirements, application and appeal procedures, conditions for acceptance, and the…

Terms used in §§ 1-22-9 to 1-22-17 , inclusive, mean: (1) "Acquisition," includes acquisition by purchase, lease, or commission; (2) "Architect," any person or firm retained to design or prepare plans or specifications for any part of the public construction project, including la…

Terms used in this chapter mean: (1) "Participating public agency," any public agency which has elected to participate in a pool arrangement; (2) "Public agency," any county, municipality, township, school district, consumers power district or drainage district of the State of So…

If a part of this chapter is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this chapter is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid appli…