Title 1, STATE AFFAIRS AND GOVERNMENT
88 chapters · 1,501 sections in this title.
SDCL § 1-1-1 Territorial extent of sovereignty and jurisdiction--Cessions to United States
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The sovereignty and jurisdiction of this state extend to all territory within its established boundaries except as to such places wherein jurisdiction is expressly ceded to the United States by the State Constitution, or wherein jurisdiction has been heretofore or may be hereafte…
SDCL § 1-1-1.1 Retrocession of jurisdiction over federal enclaves--Indian lands excluded--Filing of documents--Document content--Agreement authorized
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By appropriate executive order, the Governor may accept on behalf of the state retrocession of full or partial jurisdiction, juvenile, criminal, or civil, over any roads, highways, or other lands in federal enclaves, excluding Indian reservations and federal enclaves outside the …
SDCL § 1-1-10 Land entry authorized to survey boundaries--Consent required to enter mine--Damage to property
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For the purpose of making surveys required by or essential to the effect of any acts of the United States Congress or of the Legislature of this state or for the determination of boundaries of real estate, any of the duly authorized officers or agents of the United States or of t…
SDCL § 1-1-12 Indian country--Assumption of jurisdiction
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In accordance with the provisions of 67 Statutes at Large, page 589, Public Law 280, and as Indian country is defined by 18 U.S.C., § 1151, the provisions of chapter 106 of the Session Laws of the State of South Dakota for 1901, as amended, or any law to the contrary, notwithstan…
SDCL § 1-1-13 Tribal referendum on jurisdiction of Indian lands--Notice of result to county commissioners--Failure to take referendum
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No assumption of civil or criminal jurisdiction shall become effective under the provisions of §§ 1-1-12 to 1-1-16 , inclusive, until the tribal council of a tribe over which state jurisdiction is to be taken, shall have considered a referendum in which all persons eligible to vo…
SDCL § 1-1-14 Resolution of county commissioners assuming jurisdiction--Contract for federal reimbursement of costs
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Jurisdiction shall not be deemed assumed or accepted by this state in any county of South Dakota unless and until a resolution assuming and accepting the same is adopted by the board of county commissioners of any county containing Indian country. Prior to the adoption of such a …
SDCL § 1-1-15 Prosecution of criminal offenses on Indian lands
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All criminal offenses occurring on Indian lands within such counties shall be dealt with and proceeded against in like manner as if they had occurred on other lands within such respective counties. Source: SL 1957, ch 319 , § 2; SDC Supp 1960, § 65.0806.
SDCL § 1-1-16 Indian hunting, trapping and fishing rights preserved
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Nothing in §§ 1-1-12 to 1-1-15 , inclusive, shall deprive any enrolled member of said tribe of any right, privilege, or immunity afforded under federal treaty, agreement, or statute with respect to hunting, trapping, or fishing or the control, licensing, or regulation thereof. So…
SDCL § 1-1-17 Highways in Indian lands--Acceptance of jurisdiction
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The United States of America having ceded to the State of South Dakota concurrent police jurisdiction excepting the ten major crimes as defined by 18 U.S.C., § 1153, unless automobile accidents are involved, over all public highways or portions thereof, including rights - of - wa…
SDCL § 1-1-18 Indian country--Assumption of jurisdiction
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The State of South Dakota, in accordance with the provisions of 67 Statutes at Large, page 589 (Public Law 280), hereby assumes and accepts jurisdiction of all criminal offenses and civil causes of action arising in the Indian country located within this state, as Indian country …
SDCL § 1-1-19 Negotiation and acceptance of federal reimbursement of costs of jurisdiction
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The county commissioners of those counties of this state in which there is located Indian country as affected by §§ 1-1-18 to 1-1-21 , inclusive, and the Governor may accept grants - in - aid, and negotiate, and contract with the federal Bureau of Indian Affairs of the United Sta…
SDCL § 1-1-2 Federal jurisdiction over previously acquired land--Prior grants confirmed--Reserved jurisdiction to serve process
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Jurisdiction of the lands and their appurtenances which have been or may be acquired by the United States through donations from this state or other states or private persons or which may have been acquired by exchange, purchase, or condemnation by the United States for use of th…
SDCL § 1-1-2.1 Concurrent federal and state jurisdiction over crimes on national park, memorial, and monument lands
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Concurrent jurisdiction over crimes and offenses under the laws of the State of South Dakota is hereby ceded to the United States over and within all the territory dedicated to national park, national memorial, and national monument purposes included in the tracts of land in Sout…
SDCL § 1-1-2.2 Vesting and duration of concurrent jurisdiction
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The concurrent jurisdiction ceded by § 1-1-2.1 shall be vested upon acceptance by the United States by and through its appropriate officials and shall continue so long as the lands within the designated areas are dedicated to park purposes. Source: SL 1980, ch 8 , § 2.
SDCL § 1-1-2.3 Acceptance of retrocession of exclusive federal jurisdiction
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The consent of the state is hereby given to the retrocession of exclusive jurisdiction by the United States over lands owned by the United States within the boundaries of Badlands National Park. The Governor may accept retrocession of jurisdiction for the state. Source: SL 1980, …
SDCL § 1-1-2.4 Memoranda of agreement
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Upon the establishment of concurrent jurisdiction, the appropriate county sheriffs with the approval of the appropriate state's attorneys will develop memoranda of agreement with the park superintendents of the national park service areas in South Dakota. Source: SL 1980, ch 8 , …
SDCL § 1-1-2.5 Concurrent federal jurisdiction--Federal Prison Camp
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Pursuant to § 1-1-1 , the people of this State, as expressed by their Legislature, hereby grants, to the United States, concurrent jurisdiction over those lands in Yankton County, South Dakota, known as the Federal Prison Camp. This grant of concurrent jurisdiction shall continue…
SDCL § 1-1-20 Provisional repeal of prior assumption of jurisdiction of Indian lands
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Subject to the provisions of §§ 1-1-21 , §§ 1-1-12 to 1-1-17 , inclusive, are hereby repealed. Source: SL 1961, ch 464 , § 3.
SDCL § 1-1-21 Governor's proclamation required for assumption of jurisdiction
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Except as to criminal offenses and civil causes of action arising on any highway, as defined in chapter 31-1 , the jurisdiction provided for in § 1-1-18 is not assumed or accepted by this state, and §§ 1-1-18 and 1-1-20 is not considered in effect, unless and until the Governor o…
SDCL § 1-1-22 Law defined
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Law is a rule of property and of conduct prescribed by the sovereign power. Source: SDC 1939, § 65.0101.
SDCL § 1-1-23 Expressions of sovereign will
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The will of the sovereign power is expressed: (1) By the Constitution of the United States; (2) By treaties made under the authority of the United States; (3) By statutes enacted by the Congress of the United States; (4) By the Constitution of this state; (5) By statutes enacted …
SDCL § 1-1-24 Common law and law merchant applied--Evidence of common law
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The evidence of the common law, including the law merchant, is found in the decisions of the tribunals. In this state the rules of the common law, including the rules of the law merchant, are in force, except where they conflict with the will of the sovereign power, expressed in …
SDCL § 1-1-25 When order or judgment of tribal court may be recognized in state courts
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No order or judgment of a tribal court in the State of South Dakota may be recognized as a matter of comity in the state courts of South Dakota, except under the following terms and conditions: (1) Before a state court may consider recognizing a tribal court order or judgment the…
SDCL § 1-1-26 Acceptance by state agencies or higher education facilities of matricula consular card as identification
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No state agency, state supported university, or technical college may accept a matricula consular card or substantially similar document issued by the Mexican Consulate as proof of identification for any purpose. Source: SL 2004, ch 3 , § 1; SL 2020, ch 61 , § 28.
SDCL § 1-1-27 Legislature to authorize state or state agency transfer of title of real property to the federal government
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Neither the State of South Dakota nor any of its state agencies may transfer title to any real property in this state to the federal government or any federal agency unless the Legislature has granted its explicit authorization by prior legislation. Source: SL 2004, ch 4 , § 1.
SDCL § 1-1-28 Exception to application of provisions of §
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1-1-27 . The provisions of § 1-1-27 do not apply: (1) If the transfer is the result of an eminent domain proceeding; or (2) If the transfer is a sale negotiated under threat of an eminent domain proceeding or under circumstances in which acquisition of the property by an eminent …
SDCL § 1-1-3 Consent to land acquisition by United States--Acreage limit
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The people of this state by their Legislature consent to the purchase or condemnation, by the United States, in the manner prescribed by law, of any tract of land within this state owned by any natural person or private corporation, required by the United States for any public bu…
SDCL § 1-1-4 Jurisdiction of federally acquired land--Tax exemption
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Jurisdiction is ceded to the United States over any tract of land acquired under the provisions of § 1-1-3 to continue only so long as the United States shall own and occupy such tract. During that time the same shall be exempt from all taxes, assessments, and other charges levie…
SDCL § 1-1-5 Service of process on federally acquired land
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The consent and jurisdiction mentioned in §§ 1-1-3 and 1-1-4 are given and ceded upon the express condition that all civil and criminal process, issued from the courts of this state, may be served and executed in and upon any tract of land so acquired by the United States, in the…
SDCL § 1-1-6 Consent to federal land acquisitions for conservation purposes--Reserved jurisdiction
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The consent of the State of South Dakota is hereby given to the acquisition by the United States by purchase, gift, or condemnation with adequate compensation, of such lands in South Dakota as in the opinion of the federal government may be needed for the establishment of nationa…
SDCL § 1-1-7 Appraisal and sale of county land to United States for conservation purposes
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If any land in county ownership is desired by the United States for any of the purposes referred to in § 1-1-6 , the commissioners of the county in which said land is situated may determine and appraise its value, and may submit a copy of said appraisal to the proper agency or of…
SDCL § 1-1-8 Legislative power over federally acquired lands
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Power is hereby conferred upon the Congress of the United States to pass such laws and to make or provide for the making of such rules and regulations of both civil and criminal nature and provide punishment therefor, as in its judgment may be necessary for the administration, co…
SDCL § 1-1-9 Map of federal acquisitions to be filed--Recording of evidence of title
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A map of any land acquired by the United States, under the provisions of this chapter, shall be filed and recorded in the Office of the Secretary of State and the evidence of the United States' title shall be recorded in the county wherein the land is situated as in other cases r…
SDCL § 1-1A-1 Unconstitutional state actions void
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It is the public policy of the State of South Dakota that every statute, rule, regulation, executive order, and office policy of the State of South Dakota enacted, promulgated, issued, or established in contradiction to the provisions of the United States Constitution, and so jud…
SDCL § 1-1A-2 Enforcement of unconstitutional policies prohibited
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No person may enforce any statute, rule, regulation, executive order, or office policy that is in violation of § 1-1A-1 . Source: SL 1979, ch 4 , § 3.
SDCL § 1-1A-3 State officers to protect constitutional rights
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Every state officer is directed to utilize the full force and authority of his office to resist the intrusion of such unlawful provisions and to protect the constitutional rights of the State of South Dakota and its individual citizens from the encroachments of such provisions. S…
SDCL § 1-1A-4 Government authority--Limitations related to the exercise of religion
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Notwithstanding any other provision of law, no state agency, political subdivision, or any elected or appointed official or employee of this state or its political subdivisions may: (1) Substantially burden a person's exercise of religion unless applying the burden to that person…
SDCL § 1-2-1 Commissioners to negotiate boundaries authorized--Compacts dependent on ratification
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The Governor of South Dakota may appoint commissioners to represent the State of South Dakota on joint commissions composed of commissioners representing boundary states, to be constituted by the states for the purpose of negotiating and entering into agreements or compacts betwe…
SDCL § 1-2-2 Meeting with commissioners of other participatory state--Report--Disbandment
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Upon appointment of commissioners by the Governor, the commissioners shall proceed immediately to meet with the commissioners for the other participatory state for the purpose of negotiating the compact referred to in § 1-2-1 . The commission shall disband upon completion of its …
SDCL § 1-2-8 Ratification and approval--Text
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Ratification and approval is hereby given to the South Dakota-Nebraska boundary compact as signed at the city of Lincoln in the state of Nebraska on the twenty - fourth day of February 1989 by the duly authorized commissioners of the state of South Dakota and of the state of Nebr…
SDCL § 1-2-9 Effective date of compact--Notice of ratification
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The compact is not binding or obligatory upon any of the contracting parties unless and until it has been ratified by the legislature of each state and approved by the Congress of the United States. The Governor of South Dakota shall give notice of the ratification and approval o…
SDCL § 1-3-1 State constitutes one district
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Pursuant to the 1991 congressional reapportionment, the State of South Dakota, in its entirety, constitutes one congressional district. Source: SDC 1939, § 55.0301; SL 1965, ch 227 , § 1; SL 1971, ch 2 , § 1; SL 1981, ch 1 ; SL 1991, ch 1 , § 1.
SDCL § 1-5-1 Holidays enumerated
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The first day of every week, known as Sunday; the first day of January, commonly known as New Year's Day; the third Monday in January, commonly known as Martin Luther King, Jr. Day; the third Monday in February, the anniversary of the birthdays of Lincoln and Washington; the last…
SDCL § 1-5-1.1 Martin Luther King, Jr. Day established
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The third Monday in January, to be known as Martin Luther King, Jr. Day shall be observed in this state as a legal holiday. Martin Luther King, Jr. Day is dedicated to the remembrance of Dr. Martin Luther King, Jr. and to the observance and appreciation of the various ethnic mino…
SDCL § 1-5-1.2 Native Americans' Day established
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The second Monday in October, to be known as Native Americans' Day, shall be observed in this state as a legal holiday. Native Americans' Day is dedicated to the remembrance of the great Native American leaders who contributed so much to the history of our state. Source: SL 1990,…
SDCL § 1-5-1.3 South Dakota Statehood Day established
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The second day of November, to be known as South Dakota Statehood Day, shall be observed in this state as a working holiday. South Dakota Statehood Day is dedicated to the remembrance of the anniversary of South Dakota's admittance into the union on November 2, 1889. This day wil…
SDCL § 1-5-10 Arbor Day
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The last Friday in April of each year shall be set apart and established as "Arbor Day," or tree planting day, to promote and encourage the planting of trees in South Dakota. On this day and throughout the week, schools, civic organizations, communities, and all citizens and grou…
SDCL § 1-5-11 Bill of Rights Day
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The fifteenth day of December, to be known as Bill of Rights Day, shall be observed in this state as a working holiday. Bill of Rights Day is dedicated to remembrance of and reflection on the ratification of the first ten amendments to the United States Constitution and their sig…
SDCL § 1-5-12 Joe Foss Day
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The seventeenth day of April, to be known as Joe Foss Day, shall be observed in this state as a working holiday. Joe Foss Day is dedicated to the remembrance and recognition of South Dakota's favorite son and war hero, Governor Joe Foss. Source: SL 2004, ch 5 , § 1.
SDCL § 1-5-13 POW/MIA Recognition Day
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The third Friday of September, to be known as POW/MIA Recognition Day, shall be observed in this state as a working holiday. POW/MIA Recognition Day is dedicated to the remembrance and recognition of the sacrifices endured by those members of the Armed Forces of the United States…