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CHAPTER 1-6

STATE EMBLEMS

1-6-1      State seal adopted--Requirements for reproductions--Violations.
1-6-2      Design of seal and coat of arms.
1-6-2.1      Use of seal by state agency.
1-6-3      Preservation of original seal.
1-6-3.1      Use of seal or facsimile without authorization prohibited--Violation as misdemeanor.
1-6-3.2      Sale of seal facsimile without authorization prohibited--Violation as misdemeanor.
1-6-3.3      Royalty for use of seal--Educational purposes excepted.
1-6-3.4      Repealed.
1-6-4      State flag--Description.
1-6-4.1      Official pledge to state flag--Not recited before pledge to United States flag.
1-6-5      Existing flags remain official.
1-6-6      Sale and loan of state flags--Revolving account.
1-6-6.1      Omitted.
1-6-7      State song.
1-6-8      State animal.
1-6-9      State bird.
1-6-10      State floral emblem.
1-6-11      State tree.
1-6-12      State mineral stone and gemstone.
1-6-13      State grass.
1-6-14      State insect.
1-6-15      State fish.
1-6-15.1      State Fishing Museum.
1-6-16      State drink.
1-6-16.1      State fossil.
1-6-16.2      State jewelry.
1-6-16.3      State musical instrument.
1-6-16.4      State soil.
1-6-16.5      State nickname.
1-6-16.6      State Hall of Fame.
1-6-16.7      State dessert.
1-6-16.8      State sport .
1-6-16.9      State bread.
1-6-16.10      State nosh.
1-6-17      Minting and promotion of commemorative medallions, bullion pieces and jewelry--Metals produced out-of-state--Commemorative medallion jewelry.
1-6-18      Use of seal, commemorative medallion design or bullion piece design--Fee.
1-6-19      Distribution, marketing and sales of bullion pieces, commemorative medallions and commemorative medallion jewelry--Manufacture of jewelry for gifts.
1-6-20      Composition of medallions, bullion, and commemorative medallion jewelry.
1-6-21      Production of medallions, bullion, or commemorative medallion jewelry by contracting mints--Violation as misdemeanor.
1-6-22      Annual contests or other arrangements for design of medallions or bullion pieces--Prize--Copyright--Eligibility.
1-6-23      Repealed.
1-6-23.1      Repealed.
1-6-24 to 1-6-28. Repealed.


1-6-29      State mining museum.
1-6-30      State Civilian Conservation Corps Museum.


     1-6-1.   State seal adopted--Requirements for reproductions--Violations. There is hereby adopted as the official colored seal of the State of South Dakota, a reproduction of the seal, described in article XXI, section 1 of the Constitution of the State of South Dakota, and made in conformity with the Constitution. The proportions and colored detail are set out specifically in accord with an original painting of the great seal produced by John G. Moisan of Fort Pierre and shall be the basis for all reproductions of the great seal of the State of South Dakota. Any replica, facsimile, or reproduction of the state seal that is greater than one inch in diameter and used for an official purpose or a for-profit commercial use shall be a representation of the full and complete seal based upon S.D. Const., Art. XXI, § 1 and this section and shall include the state motto "Under God The People Rule." These requirements do not infringe upon or limit any artistic or satirical use of the seal. The secretary of state shall conduct an investigation for any violation of this section. If the secretary of state confirms that a violation has been committed, the secretary of state shall issue a cease and desist letter.

Source: SL 1961, ch 291, § 1; SL 1987, ch 2, § 1; SL 2018, ch 6, § 1.


     1-6-2.   Design of seal and coat of arms. The design of the colored seal of the State of South Dakota shall be as follows: An inner circle, whose diameter shall be five-sevenths of the diameter of the outer circle of any seal produced in conformity herewith; within which inner circle shall appear; in the left foreground on the left bank of a river, a rust-colored smelting furnace from which grey smoke spirals upward and adjacent to which on the left are a rust-colored hoist house and mill, and to the left a grey dump; these three structures being set in a yellow field and above and back of a light green grove on the left bank of the river. In the left background is a series of three ranges of hills, the nearer range being a darker green than the said grove, the intermediate range of a blue-green and the higher range of a blue-black coloration.
     In the right foreground is a farmer with black hat, red shirt, navy-blue trousers and black boots, holding a black and silver breaking plow, drawn by a matched team of brown horses with a black harness. In the right background and above the horses in a pasture of grey-green, a herd of rust-colored cattle graze in front of a field of yellow-brown corn, part in shock and part in cut rows to the rear and above which are blue and purple hills forming a low background and receding into the distance. Between the right and left foregrounds and backgrounds is a light-blue river merging in the distance into a sky-blue and cloudless sky. Moving upstream on the river is a white steamboat with a single black funnel from which grey smoke spirals upward. Green shrubbery appears on the near bank of the river, in the left foreground and on the right bank of the river near the pasture is a yellow field. The farmer is turning black-brown furrows which reach across the circle and in his foreground is a field of brown-green-yellow.
     Near the upper edge of the inner circle at the top on a golden quarter circle which is one-fifth in width the distance between the innermost and the outermost circles that compose the seal, shall appear in black, the state motto: "Under God the People Rule." This innermost circle is circumscribed by a golden band one-fourth as wide as the above-described quarter circle, which inner border, shall be circumscribed by a deep blue circle four and one-half times as wide as the above quarter circle, on which in golden letters one-third its width, in height, shall appear at the top the words, "State of South Dakota." In the lower half of the deep blue circle shall appear in words of equal height "Great" and "Seal" between which shall be the numerals "1889." Between the above-stated names and on either side shall appear a golden star one-half in size the width of the deep blue circle. Circumscribing this deep blue circle shall be a band of gold of the same width as of the inner golden band.
     Outside of this outer golden band shall be a serrated or saw-toothed edge of small triangles whose base shall be of the same width as the above quarter circle.

Source: SL 1961, ch 291, § 1.


     1-6-2.1.   Use of seal by state agency. Any use of the state seal by a state agency after July 1, 2018, shall comply with S.D. Const., Art. XXI, § 1 and §§ 1-6-1 and 1-6-2. Any use of the seal existing prior to that date may continue to be used.

Source: SL 2018, ch 6, § 2.


     1-6-3.   Preservation of original seal. The original seal as produced by Richard Cropp of Mitchell shall be kept in a container sealed against sunlight and housed in a location to be determined by the secretary of state.

Source: SL 1961, ch 291, § 2; SL 1987, ch 2, § 2.


     1-6-3.1.   Use of seal or facsimile without authorization prohibited--Violation as misdemeanor. No person may reproduce, duplicate, or otherwise use the official seal of the State of South Dakota, or its facsimile, adopted and described in §§ 1-6-1 and 1-6-2 for any for-profit, commercial purpose without specific authorization from the secretary of state. A violation of this section is a Class 1 misdemeanor.

Source: SL 1986, ch 8, § 1; SL 1987, ch 3, § 1; SL 1988, ch 5, § 1; SL 2011, ch 3, § 1.


     1-6-3.2.   Sale of seal facsimile without authorization prohibited--Violation as misdemeanor. No person may sell or offer for sale a replica or facsimile of the official seal of the State of South Dakota, adopted and described in §§ 1-6-1 and 1-6-2, without the specific authorization from the secretary of state. A violation of this section is a Class 1 misdemeanor.

Source: SL 1986, ch 8, § 3; SL 1987, ch 3, § 2; SL 1988, ch 5, § 2; SL 2011, ch 3, § 2.


     1-6-3.3.   Royalty for use of seal--Educational purposes excepted. The secretary of state shall charge a royalty for the privilege of using the state seal. The secretary of state may not charge a royalty if the state seal is used for an educational purpose. All royalty fees collected pursuant to this chapter shall be deposited in the state general fund.

Source: SL 1986, ch 8, § 2; SL 1987, ch 3, § 3; SL 1988, ch 5, § 3; SL 2006, ch 2, § 1; SL 2011, ch 3, § 3.


     1-6-3.4.   Repealed by SL 2011, ch 3, § 4.


     1-6-4.   State flag--Description. The state flag or banner shall consist of a field of sky-blue one and two-thirds as long as it is wide. Centered on such field shall be the great seal of South Dakota made in conformity with the terms of the Constitution, which shall be four-ninths the width of the flag in diameter. The seal shall be on a white background with the seal outlined in dark blue or, in the alternative, shall be on a sky-blue background with the seal outlined in dark blue thereon. Surrounding the seal in gold shall be a serrated sun whose extreme width shall be five-ninths the width of the flag. The words "South Dakota" symmetrically arranged to conform to the circle of the sun and seal shall appear in gold letters one-eighteenth the width of the field above the sun and seal and the words "The Mount Rushmore State" in like-sized gold letters and in like arrangement shall appear below the sun and seal. Flags designed of such material as may be provident for outdoor use need have no fringe but flags for indoor and display usage shall have a golden fringe one-eighteenth the width of the flag on the three sides other than the hoist.

Source: SDC 1939, § 55.0108; SL 1939, ch 205; SL 1963, ch 419, § 1; SL 1992, ch 1, § 2.


     1-6-4.1.   Official pledge to state flag--Not recited before pledge to United States flag. The official pledge to the state flag is:
     "I pledge loyalty and support to the flag and State of South Dakota, land of sunshine, land of infinite variety."
     However, the pledge to the flag and to the state may not preempt, replace nor be recited before the pledge of allegiance to the flag of the United States.

Source: SL 1987, ch 4, §§ 1, 2.


     1-6-5.   Existing flags remain official. All state flags made in conformity with state law prior to July 1, 1992, shall remain official state flags but the creation of a state flag from and after that date, other than in conformity with § 1-6-4, is prohibited.

Source: SDC 1939, § 55.0108 as added by SL 1963, ch 419, § 1; SL 1992, ch 1, § 3.


     1-6-6.   Sale and loan of state flags--Revolving account. It shall be the duty of the Bureau of Administration to acquire, by purchase or otherwise, and to keep on hand at all times a sufficient quantity of the South Dakota state flags as specified in § 1-6-4, for distribution, loan, or sale, as it may determine, in order to meet the demand therefor from various public, semipublic and private organizations or persons. All funds from the sale of such flags shall be covered into, and there is hereby created within the state treasury, a revolving account known as the special state flag account, from which payments shall be made by the bureau for the purchase of state flags and their replacements as it may deem sufficient from time to time. Requests for the loan of such state flags shall be filled under such rules and regulations as the bureau may establish.

Source: SL 1963, ch 419, § 2; SL 1966, ch 171.


     1-6-6.1.   Omitted.


     1-6-7.   State song. The song "Hail! South Dakota" having words and music written by Deecort Hammitt is adopted and established as the official state song of South Dakota. A copy of such composition is on file in the Office of the Secretary of State and the words of which are as follows:
     Hail! South Dakota, the best state in the land,
             Health, wealth and beauty, that's what makes her grand;
     She has her Black Hills, and mines with gold so rare,
             And with her scen'ry, no state can compare.
     Come where the sun shines, and where life's worth your while,
             You won't be here long, 'til you'll wear a smile;
     No state's so healthy, and no folk quite so true,
             To South Dakota. We all welcome you.
     Hail! South Dakota, the state we love the best,
             Land of our fathers, builders of the west;
     Home of the Badlands, and Rushmore's ageless shrine,
             Black Hills and prairies, farmland and sunshine.
     (Hills, farms and prairies, blessed with bright sunshine).

Source: SL 1943, ch 268; SDC Supp 1960, § 55.0111.


     1-6-8.   State animal. The coyote is hereby designated as the state animal of South Dakota.

Source: SL 1949, ch 242; SDC Supp 1960, § 55.0113.


     1-6-9.   State bird. The ring-neck pheasant is hereby designated and adopted as the official state bird of the State of South Dakota.

Source: SL 1943, ch 272; SDC Supp 1960, § 55.0110.


     1-6-10.   State floral emblem. The floral emblem of this state shall be the American pasque flower (pulsatilla hirsutissima) with the motto "I Lead."

Source: SDC 1939, § 55.0109.


     1-6-11.   State tree. The Black Hills Spruce, Picea Glauca Densata, being a tree native to the State of South Dakota and by its name definitely designating this state as its own and being a tree of noble attributes, is hereby named to be the state tree of South Dakota.

Source: SL 1947, ch 266; SDC Supp 1960, § 55.0112.


     1-6-12.   State mineral stone and gemstone. The mineral stone known as the rose quartz is hereby designated as the official state mineral stone of the State of South Dakota, and the Fairburn agate is hereby designated as the official state gemstone of the State of South Dakota.

Source: SL 1966, ch 175.


     1-6-13.   State grass. Western wheat grass (agropyron smithii) is hereby designated as the state grass for the State of South Dakota.

Source: SL 1970, ch 13.


     1-6-14.   State insect. The honey bee, Apis Mellifera L, is hereby designated as the official insect of the State of South Dakota.

Source: SL 1978, ch 5, § 1.


     1-6-15.   State fish. The walleye, stizostedion vitreum, is the official fish of the State of South Dakota.

Source: SL 1982, ch 5.


     1-6-15.1.   State Fishing Museum. The Museum of Wildlife, Science, and Industry located in the city of Webster is designated as the site of the official State Fishing Museum for the State of South Dakota.

Source: SL 2004, ch 6, § 1.


     1-6-16.   State drink. Milk, lac vaccum, is hereby designated as the official drink of the State of South Dakota.

Source: SL 1986, ch 10.


     1-6-16.1.   State fossil. Triceratops is hereby designated as the official fossil of the State of South Dakota.

Source: SL 1988, ch 6; SL 1989, ch 30, § 2.


     1-6-16.2.   State jewelry. It having been judicially determined that the name "Black Hills gold" can only be utilized for jewelry manufactured in the Black Hills of South Dakota, Black Hills gold is hereby designated as the official jewelry of the State of South Dakota.

Source: SL 1988, ch 7.


     1-6-16.3.   State musical instrument. The fiddle is hereby designated as the official state musical instrument of the State of South Dakota.

Source: SL 1989, ch 6.


     1-6-16.4.   State soil. Houdek soil (fine-loamy, mixed, mesic typic argiustolls) is hereby designated as the official state soil of the State of South Dakota.

Source: SL 1990, ch 8.


     1-6-16.5.   State nickname. "The Mount Rushmore State" is hereby designated as the official nickname of the State of South Dakota.

Source: SL 1992, ch 1, § 1.


     1-6-16.6.   State Hall of Fame. The South Dakota Hall of Fame in Chamberlain is the official Hall of Fame of South Dakota.

Source: SL 1996, ch 3.


     1-6-16.7.   State dessert. Kuchen is hereby designated as the official state dessert of South Dakota.

Source: SL 2000, ch 2, § 1.


     1-6-16.8.   State sport. Rodeo is hereby designated as the official sport of the State of South Dakota.

Source: SL 2003, ch 6, § 1.


     1-6-16.9.   State bread. Fry bread is hereby designated as the official state bread of South Dakota.

Source: SL 2005, ch 6, § 1.


     1-6-16.10.   State nosh. Chislic is hereby designated as the official nosh of South Dakota.

Source: SL 2018, ch 7, § 1.


     1-6-17.   Minting and promotion of commemorative medallions, bullion pieces and jewelry--Metals produced out-of-state--Commemorative medallion jewelry. The Bureau of Administration may contract or otherwise arrange for the minting and promotion of South Dakota commemorative medallions, bullion pieces, and commemorative medallion jewelry in amounts and sizes it considers appropriate. Commemorative medallions and bullion may be minted in or outside of South Dakota from South Dakota produced gold or silver or nonprecious metals. Commemorative medallions, bullion, and commemorative medallion jewelry may be minted from gold, silver, or nonprecious metals produced outside of South Dakota only in the event that South Dakota producers are unable to supply the required demand and then only for that period of time until South Dakota producers are again able to meet the demand. The bureau may also arrange for the production and marketing of commemorative medallion jewelry made of precious metals.

Source: SL 1986, ch 9, § 1; SL 1987, ch 3, § 4; SL 1988, ch 5, § 4; SL 1996, ch 4, § 1.


     1-6-18.   Use of seal, commemorative medallion design or bullion piece design--Fee. The Bureau of Administration may authorize the use of the great seal of the State of South Dakota, the commemorative medallion design, or the bullion piece design on commemorative medallions and bullion pieces and shall charge royalty fees for use of the same.

Source: SL 1986, ch 9, § 2; SL 1987, ch 3, § 5; SL 1988, ch 5, § 5.


     1-6-19.   Distribution, marketing and sales of bullion pieces, commemorative medallions and commemorative medallion jewelry--Manufacture of jewelry for gifts. The Bureau of Administration may sell bullion pieces or contract or otherwise arrange for the manufacture, distribution, marketing, and sales of South Dakota bullion pieces, commemorative medallions, or commemorative medallion jewelry items. The bureau may also arrange for the manufacture of jewelry with the bullion piece design, as requested by the Governor, to be given as gifts for promotional or official state purposes.

Source: SL 1986, ch 9, § 3; SL 1988, ch 5, § 6.


     1-6-20.   Composition of medallions, bullion, and commemorative medallion jewelry. Medallions, bullion, and commemorative medallion jewelry shall be made exclusively from South Dakota produced .999 fine gold or silver except as provided in § 1-6-17.

Source: SL 1986, ch 9, § 4; SL 1988, ch 5, § 7.


     1-6-21.   Production of medallions, bullion, or commemorative medallion jewelry by contracting mints--Violation as misdemeanor. Only mints which have contracted with the Bureau of Administration may produce the medallions, bullion or commemorative medallion jewelry. Any other production of such products is a Class 1 misdemeanor.

Source: SL 1986, ch 9, § 5; SL 1988, ch 5, § 8.


     1-6-22.   Annual contests or other arrangements for design of medallions or bullion pieces--Prize--Copyright--Eligibility. The bureau may conduct annual contests for or otherwise arrange for the artwork for the state medallions or bullion pieces and may award an annual prize of one thousand dollars for the selected artwork to be paid from dedicated royalty proceeds deposited in the commemorative medallion fund. For any design selected, the State of South Dakota shall retain exclusive rights and shall hold the copyright thereon. Only designs by South Dakota artists are eligible for consideration.

Source: SL 1986, ch 9, § 6; SL 1988, ch 5, § 9; SL 2006, ch 2, § 2.


     1-6-23.   Repealed by SL 2014, ch 5, § 1.


     1-6-23.1.   Repealed by SL 2006, ch 2, § 3.


     1-6-24 to 1-6-28.   Repealed by SL 2011, ch 2, §§ 1 to 5.


     1-6-29.   State mining museum. The Black Hills Mining Museum in Lead is hereby designated as the official mining museum of South Dakota. No state funds may be provided for the operation or maintenance of the museum.

Source: SL 2014, ch 4, § 1.


     1-6-30.   State Civilian Conservation Corps Museum. The Civilian Conservation Corps Museum in Hill City is hereby designated as the official Civilian Conservation Corps Museum of South Dakota. No state funds may be provided for the operation or maintenance of the museum.

Source: SL 2016, ch 1, § 1.


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