TITLE 1
STATE AFFAIRS AND GOVERNMENT
Chapter
01 State Sovereignty And Jurisdiction
01A Unconstitutional Official Actions
02 State Boundary Adjustments
03 Congressional Districts
04 Tribal Relations [Repealed And Transferred]
05 Time And Dates
06 State Emblems
07 Governor
08 Secretary Of State
09 State Auditor
10 State Treasurer
11 Attorney General
12 State Constabulary
13 State Communications System
13A Tie-Line Administration [Repealed]
14 Bureau Of Administration [Repealed And Transferred]
15 Department Of Corrections
16 Industrial Development Expansion Agency [Repealed]
16A Health And Educational Facilities Authority
16B Economic Development Finance Authority
16C Agri-Business Development Authority [Repealed]
16D Export Development Authority [Repealed]
16E Value Added Finance Authority [Repealed]
16F Superconducting Super Collider Authority [Repealed]
16G Economic Development
16H Science And Technology Authority
16I South Dakota Energy Infrastructure Authority [Repealed]
16J South Dakota Ellsworth Development Authority
17 Advisory Public Lands Committee [Repealed]
18 South Dakota State Historical Society
18A Bicentennial Commission [Repealed]
18B History And Historical Records
18C State Archives
18D Omnibus Centennial Commission [Executed]
18E Sale Of Symbolic Deeds To Promote State Centennial [Repealed]
19 Historic Sites And Monuments
19A Preservation Of Historic Sites
19B County And Municipal Historic Preservation Activities
19C Historical Names
20 Archaeological Exploration
21 State Fair And Shows
22 Arts
23 Intergovernmental Cooperation [Transferred]
24 Joint Exercise Of Governmental Powers
24A Private Consultants To State Agencies
25 Meetings Of Public Agencies
25A Broadcast Announcements By Public Agencies
26 Administrative Procedure And Rules
26A Publication Of Administrative Rules
26B Termination And Legislative Review Of Administrative Rules
26C Office Of Administrative Hearings [Repealed]
26D Office Of Hearing Examiners
26E Legislative Review Of State Agencies [Repealed]
27 Public Records And Files
28 Reports Of State Agencies [Repealed]
29 Emergency Location Of State Government
30 Emergency Interim Succession To Office
31 Commission On Human Relations [Repealed]
32 Executive Reorganization--General Provisions And Definitions
33 Department Of Executive Management
33A Governor's Office Of Energy Policy [Repealed]
33B Energy Performance Contracts
34 Department Of Public Safety [Transferred]
35 Department Of Commerce And Regulation [Repealed And Transferred]
36 Department Of Social Services
36A Department Of Human Services
37 Department Of Labor And Regulation
38 Department Of Environmental Protection [Transferred]
39 Department Of Game, Fish And Parks
40 Department Of Environment And Natural Resources [Repealed And Transferred]
41 Department Of Agriculture And Natural Resources
42 Department Of Tourism [Repealed And Transferred]
43 Department Of Health
44 Department Of Transportation
45 Department Of Education
46 Department Of The Military
46A Department Of Veterans Affairs
47 Department Of Revenue
48 State Cement Commission [Repealed]
49 State Public Health Laboratory
50 State Emergency Response Commission
51 Department Of Public Safety
52 Department Of Tourism
53 Governor's Office Of Economic Development
54 Department Of Tribal Relations
55 Obligation Recovery Center
56 State Board Of Internal Control
57 South Dakota-Ireland Trade Commission
CHAPTER 1-1
STATE SOVEREIGNTY AND JURISDICTION
1-1-1 Territorial extent of sovereignty and jurisdiction--Cessions to United States.
1-1-1.1 Retrocession of jurisdiction over federal enclaves--Indian lands excluded--Filing of documents--Document content--Agreement authorized.
1-1-2 Federal jurisdiction over previously acquired land--Prior grants confirmed--Reserved jurisdiction to serve process.
1-1-2.1 Concurrent federal and state jurisdiction over crimes on national park, memorial, and monument lands.
1-1-2.2 Vesting and duration of concurrent jurisdiction.
1-1-2.3 Acceptance of retrocession of exclusive federal jurisdiction.
1-1-2.4 Memoranda of agreement.
1-1-2.5 Concurrent federal jurisdiction--Federal Prison Camp.
1-1-3 Consent to land acquisition by United States--Acreage limit.
1-1-4 Jurisdiction of federally acquired land--Tax exemption.
1-1-5 Service of process on federally acquired land.
1-1-6 Consent to federal land acquisitions for conservation purposes--Reserved jurisdiction.
1-1-7 Appraisal and sale of county land to United States for conservation purposes.
1-1-8 Legislative power over federally acquired lands.
1-1-9 Map of federal acquisitions to be filed--Recording of evidence of title.
1-1-10 Land entry authorized to survey boundaries--Consent required to enter mine--Damage to property.
1-1-11 1-1-11. Repealed by SL 2006, ch 130, § 1.
1-1-12 Indian country--Assumption of jurisdiction.
1-1-13 Tribal referendum on jurisdiction of Indian lands--Notice of result to county commissioners--Failure to take referendum.
1-1-14 Resolution of county commissioners assuming jurisdiction--Contract for federal reimbursement of costs.
1-1-15 Prosecution of criminal offenses on Indian lands.
1-1-16 Indian hunting, trapping and fishing rights preserved.
1-1-17 Highways in Indian lands--Acceptance of jurisdiction.
1-1-18 Indian country--Assumption of jurisdiction.
1-1-19 Negotiation and acceptance of federal reimbursement of costs of jurisdiction.
1-1-20 Provisional repeal of prior assumption of jurisdiction of Indian lands.
1-1-21 Governor's proclamation required for assumption of jurisdiction.
1-1-22 Law defined.
1-1-23 Expressions of sovereign will.
1-1-24 Common law and law merchant applied--Evidence of common law.
1-1-25 When order or judgment of tribal court may be recognized in state courts.
1-1-26 Acceptance by state agencies or higher education facilities of matricula consular card as identification.
1-1-27 Legislature to authorize state or state agency transfer of title of real property to the federal government.
CHAPTER 1-1A
UNCONSTITUTIONAL OFFICIAL ACTIONS
1-1A-1 Unconstitutional state actions void.
1-1A-2 Enforcement of unconstitutional policies prohibited.
1-1A-3 State officers to protect constitutional rights.
1-1A-4 Government authority--Limitations related to the exercise of religion.
1-2-1
Commissioners to negotiate boundaries authorized--Compacts dependent on
ratification.
1-2-2
Meeting with commissioners of other participatory state--Report--Disbandment.
1-2-3 to 1-2-7. Repealed.
1-2-8
Ratification and approval--Text.
1-2-9
Effective date of compact--Notice of ratification.
1-4-1
Transferred.
1-4-1.1
Repealed.
1-4-2
Superseded.
1-4-2.1, 1-4-3. Repealed.
1-4-4
Transferred.
1-4-5
Repealed.
1-4-6
Repealed.
1-4-7
Repealed.
1-4-8 to 1-4-12. Repealed.
1-4-13
Repealed.
1-4-14 to 1-4-22. Repealed.
1-4-23
Repealed.
1-4-24
Repealed.
1-4-25, 1-4-26. Transferred.
CHAPTER 1-5
TIME AND DATES
1-5-1 Holidays enumerated.
1-5-1.1 Martin Luther King, Jr. Day established.
1-5-1.2 Native Americans' Day established.
1-5-1.3 South Dakota Statehood Day established.
1-5-2 Business and official acts permitted on holidays.
1-5-3 Past transactions on holidays validated.
1-5-4 Acts performed on day after holiday.
1-5-5 Repealed by SL 2003, ch 5, § 1.
1-5-6 Rejected by referendum.
1-5-8 Little Big Horn Recognition Day.
1-5-9 Wounded Knee Day.
1-5-10 Arbor Day.
1-5-11 Bill of Rights Day.
1-5-12 Joe Foss Day.
1-5-13 POW/MIA Recognition Day.
1-5-14 Purple Heart Recognition Day.
1-5-15 Welcome Home Vietnam Veterans Day.
1-5-16 Day of the American Cowboy.
1-5-17 Peter Norbeck Day.
1-5-18 Medal of Honor Recognition Day.
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 state seal--Authorization--Violation as misdemeanor.
1-6-3.2 Sale of replica or facsimile--Authorization--Violation as misdemeanor.
1-6-3.3 Use of state seal--Royalty--Exceptions.
1-6-3.4 1-6-3.4. Repealed by SL 2011, ch 3, § 4.
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.
1-6-16.11 State indigenous instrument.
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 1-6-23. Repealed by SL 2014, ch 5, § 1.
1-6-23.1 1-6-23.1. Repealed by SL 2006, ch 2, § 3.
1-6-24 1-6-24 to 1-6-28. Repealed by SL 2011, ch 2, §§ 1 to 5.
1-6-29 State mining museum.
1-6-30 State Civilian Conservation Corps Museum.
CHAPTER 1-7
GOVERNOR
1-7-1 Powers and duties of Governor.
1-7-1.1 Repealed.
1-7-1.2 Annual meeting with forest service representatives.
1-7-2 1-7-2. Repealed by SL 2015, ch 4, § 1.
1-7-3 Repealed by SL 1979, ch 10, § 2.
1-7-4 Powers and duties of acting Governor.
1-7-4.1 Succession to Governorship during vacancy in office of lieutenant governor.
1-7-5 Superseded by § 3-8-2.1.
1-7-5.1 Compensation of lieutenant governor for performance of duties assigned by Governor.
1-7-6 Repealed by SL 2003, ch 272, § 76.
1-7-7 Repealed by SL 1982, ch 16, § 3.
1-7-8 Authorization to allocate certain bonds exempt from federal income taxes.
1-7-9 Submission of nomination from Governor--Financial statement of nominee.
1-7-10 Private activity bond fees fund established.
1-7-11 Repealed by SL 2012, ch 1, §§ 1 to 5.
1-7-16 Use of state or federal armed forces to suppress riot or unlawful assembly.
1-7-17 Allocation and reallocation of volume, issuance authority, and other benefits to facilitate issuance of bonds and compliance with certain federal requirements.
1-7-18 Scope of allocation and reallocation authority.
1-7-19 Repealed by SL 2017, ch 1, § 3.
1-8-1
General duties of secretary of state.
1-8-1.1
Administrative functions of boards performed by secretary of state.
1-8-2
Records and great seal in custody of secretary.
1-8-3
Superseded.
1-8-4
Deputy secretary of state--Appointment and oath--Duties.
1-8-4.1
Omitted.
1-8-5
Copies of records to be furnished by secretary of state--Redaction of certain
information.
1-8-6
Form of certification by secretary of state--Disposition of fees.
1-8-7
Compliance with chapter required in furnishing copies of documents.
1-8-8
Repealed.
1-8-9
Repealed.
1-8-10
Fees of secretary of state enumerated--Collection.
1-8-11
Fees paid by credit cards.
1-8-12
Fee for expedited services.
1-8-13
Fee for payment returned due to insufficient funds.
1-8-13.1
Fee for certain documents not filed electronically.
1-8-13.2
Convenience fees.
1-8-13.3
Deposit of fees collected by secretary of state.
1-8-14
Secure and interactive website--Document filing as permitted by secretary of state.
1-8-15
Refusal to file certain business documents.
1-9-1
Annual report of auditor--Contents--Publication.
1-9-2
Superseded.
1-9-3
Deputy auditor and employees--Appointment and bonds.
1-10-1
General duties of treasurer.
1-10-2
Annual report to Governor--Contents.
1-10-3
Superseded.
1-10-4
Deputy state treasurer.
1-10-5
Teen court grant program established--Purpose.
1-10-6
Teen court grant program fund established.
1-10-7
Award of grants.
1-10-8
Procedures for obtaining grants to be publicized
.
1-10-9
Annual report.
1-10-10
Indemnity provisions in bank contracts.
CHAPTER 1-11
ATTORNEY GENERAL
1-11-1 General duties of attorney general.
1-11-1.1 License required--Full-time--Private practice.
1-11-2 Superseded by § 3-8-2.1.
1-11-3 Traveling expenses.
1-11-4 Assistant attorneys general--Appointment and compensation--Powers--Oath.
1-11-4.1 Division of Consumer Affairs created--Appointment of director.
1-11-4.2 Consumer and commercial affairs functions of attorney general.
1-11-5 Special assistants--Appointment and powers.
1-11-6 Register of actions prosecuted and defended--Proper books.
1-11-6.1 Antitrust special revenue fund created--Receipts.
1-11-6.2 Release of funds in special revenue fund.
1-11-6.3 Deposits into and disbursements from special revenue fund.
1-11-7 Investigations by attorney general--Authority and duty.
1-11-8 Request for Governor's consent to investigation--Denial.
1-11-9 Record of investigation.
1-11-10 Powers of attorney general in investigations.
1-11-11 Expense of investigations.
1-11-12 Annual report to Governor.
1-11-13 Costs of providing information--Reimbursement of attorney general.
1-11-14 Action for recovery on behalf of state--Consolidation of related cause of governmental entity.
1-11-15 Consolidation of legal services in state government.
1-11-16 Office of Internet Crimes Investigation transferred.
1-11-17 Statewide 24/7 sobriety program established.
1-11-18 Establishment of 24/7 sobriety fund.
1-11-19 Participation in 24/7 sobriety program--Testing locations and times.
1-11-20 Program participation as condition of bond or pre-trial release.
1-11-21 Program participation as condition of suspended sentence or probation.
1-11-22 Program participation as condition of child placement or return.
1-11-23 Program participation as condition of parole.
1-11-24 Promulgation of rules.
1-11-25 Distribution of 24/7 sobriety program fees.
1-11-25.1 Remittance of fees collected for 24/7 sobriety fund.
1-11-26 Fee for twice-a-day testing.
1-11-27 Fee for urinalysis testing.
1-11-28 Fee for drug patch.
1-11-29 Fee for electronic alcohol monitoring device or mobile breath alcohol testing.
1-11-30 Fee for ignition interlock device.
1-11-31 Time for payment of fees.
1-11-31.1 Sanctions for failure to pay fees for electronic alcohol monitoring device, ignition interlock device, or mobile breath alcohol testing.
1-11-32 24/7 sobriety program participation fee.
1-11-33 Annual review of 24/7 sobriety program fees and collection procedures.
1-11-34 Insurance Fraud Prevention Unit transferred.
1-11-35 Repealed.
1-11-36 Internet crimes investigation fund.
1-12-1
Constabulary created--Composition--Powers and duties.
1-12-2
Call of constabulary to active service--Powers.
1-12-3
Expenses of constabulary in active service.
1-13-1
Bureau of Information and Telecommunication to operate state communications
system--Department of Public Safety to operate law enforcement telecommunications
system.
1-13-1.1
Functions of State Radio Communications transferred to Bureau of Information and
Telecommunications.
1-13-2
Towers, repeater stations, and subheadquarters authorized.
1-13-3
Employment of personnel and equipment--Maintenance and operating costs.
1-13-4
Radio communications fund as continuing fund.
1-13-5
Federal funds--Acceptance and use.
1-13-6
Local law enforcement officers to be furnished receiving sets.
1-13-7
Officers with receiving sets to report to bureau.
1-13-8
Dispatches and reports to be broadcast.
1-13-9
Priority of messages to broadcasting station--Misdemeanor.
1-13-10
False report to broadcasting station as misdemeanor.
1-13-11
Unified data network authorized--Equipment purchased or leased.
1-13-12
Department and attorney general to receive necessary equipment.
1-13-13
County sheriffs to receive necessary equipment.
1-13-14
Municipal participation in law enforcement telecommunications system.
1-13-15
Participation by other law enforcement agencies.
1-13-16
Promulgation of rules.
1-13-17
Termination of service for risk of security or privacy violation.
CHAPTER 1-14
BUREAU OF ADMINISTRATION [REPEALED AND TRANSFERRED]
1-14-1 Transferred to § 1-33-9.1.
1-14-1.1 1-14-1.1. Transferred to § 1-14-1.
1-14-2 Repealed.
1-14-3 Repealed.
1-14-3.1 Transferred to § 1-33-8.11.
1-14-4 Transferred to § 1-33-8.6.
1-14-5 1-14-5. Repealed by SL 1969, ch 218, § 2.
1-14-6 1-14-6. Repealed by SL 1974, ch 6, § 10.
1-14-6.1 1-14-6.1. Repealed by SL 2011, ch 2, § 9.
1-14-6.2 1-14-6.2. Superseded.
1-14-6.3 1-14-6.3. Repealed by SL 1971, ch 5, § 5.
1-14-6.4 1-14-6.4. Repealed by SL 1973, ch 23, § 30.
1-14-6.6 1-14-6.6. Repealed by SL 2011, ch 2, § 10.
1-14-7 1-14-7. Repealed by SL 1970, ch 7, § 7.
1-14-8 1-14-8, 1-14-9. Superseded.
1-14-10 1-14-10. Repealed by SL 1970, ch 7, § 7.
1-14-11 1-14-11. Repealed by SL 2011, ch 2, § 11.
1-14-12 Repealed.
1-14-12.1 1-14-12.1. Transferred to § 1-33-44.
1-14-12.2 1-14-12.2. Transferred to § 1-33-45.
1-14-12.3 1-14-12.3. Transferred to § 1-33-50.
1-14-12.4 1-14-12.4. Transferred to § 1-33-56.
1-14-12.5 1-14-12.5. Transferred to § 1-33-51.
1-14-12.6 1-14-12.6. Transferred to § 1-33-52.
1-14-12.7 1-14-12.7. Transferred to § 1-33-55.
1-14-12.8 1-14-12.8. Transferred to § 1-33-54.
1-14-12.9 1-14-12.9. Transferred to § 1-33-53.
1-14-12.10 1-14-12.10. Transferred to § 1-33-42.
1-14-12.11 1-14-12.11. Transferred to § 1-33-46.
1-14-12.12 1-14-12.12. Repealed by SL 2011, ch 2, § 13.
1-14-12.13 1-14-12.13. Repealed by SL 2006, ch 2, § 7.
1-14-12.14 Transferred to § 1-33-65.
1-14-12.15 Transferred to § 1-33-8.7.
1-14-12.16 Transferred to § 1-33-8.3.
1-14-12.17 Transferred to § 1-33-8.8.
1-14-12.18 1-14-12.18, 1-14-13. Repealed by SL 2011, ch 2, §§ 15, 16.
1-14-14 Transferred to § 1-33-8.9.
1-14-14.1 Transferred to § 1-33-8.10.
1-14-14.2 Transferred to § 1-33-64.
1-14-14.3 1-14-14.3, 1-14-14.4. Repealed by SL 2011, ch 2, §§ 18, 19.
1-14-15 1-14-15. Repealed by SL 1982, ch 16, § 4.
1-14-16 1-14-16. Transferred to § 1-33-47.
1-14-17 1-14-17. Transferred to § 1-33-48.
CHAPTER 1-15
DEPARTMENT OF CORRECTIONS
1-15-1 1-15-1. Repealed by SL 1989, ch 20, § 11.
1-15-1.1 1-15-1.1. Repealed by SL 1977, ch 198, § 22.
1-15-1.2 Department created.
1-15-1.3 Secretary as head of department--Appointment--Qualifications.
1-15-1.4 Agencies and programs under department control.
1-15-1.5 Department to perform functions of former Board of Charities and Corrections.
1-15-1.6 1-15-1.6. Superseded.
1-15-1.7 Appointment of division directors.
1-15-1.8 Rules, regulations, and standards in full force and effect--Exceptions.
1-15-1.9 Repealed by SL 2012, ch 4, § 1.
1-15-1.10 Replacement of Board of Charities and Corrections--Effect.
1-15-1.11 Repealed by SL 2012, ch 4, § 2.
1-15-1.12 Repealed.
1-15-1.13 Corrections Commission--Members--Terms--Purpose.
1-15-1.14 Review of criminal justice issues--Annual report.
1-15-2 1-15-2, 1-15-3. Repealed by SL 1989, ch 20, §§ 12, 13.
1-15-4 1-15-4. Repealed by SL 1971, ch 23, § 2.
1-15-5 1-15-5. Repealed by SL 1982, ch 9, § 2.
1-15-6 1-15-6. Repealed by SL 1989, ch 20, § 14.
1-15-6.1 Administrative functions performed for Board of Pardons and Paroles.
1-15-7 1-15-7. Repealed by SL 1989, ch 20, § 16.
1-15-8 1-15-8. Repealed by SL 1982, ch 9, § 4.
1-15-9 1-15-9. Repealed by SL 1989, ch 20, § 17.
1-15-10 Contracts for service, buildings, lands, materials, and supplies.
1-15-10.1 Contracts for institutional treatment of persons with other states or federal government--Discretion to return person to sending state or federal government.
1-15-10.2 Compensation of state for care of persons from other states.
1-15-10.3 Transfer of institutional residents to other states or federal government--Payment of expenses.
1-15-10.4 Agreements for state care of federal wards.
1-15-10.5 1-15-10.5. Transferred to § 26-11A-1.1.
1-15-10.6 1-15-10.6 to 1-15-10.10. Repealed by SL 1996, ch 172, §§ 26 to 30.
1-15-11 Enforcement of contracts and property rights--Judgment proceeds.
1-15-12 Supplies not to be purchased from institution employees.
1-15-13 Federal funds--Acceptance and use.
1-15-14 Condemnation of private property.
1-15-15 1-15-15. Repealed by SL 1982, ch 9, § 9.
1-15-16 Repealed by SL 2012, ch 4, §§ 3, 4.
1-15-17 Employment of institutional personnel in maintenance and replacement projects.
1-15-18 Management and accounting prescribed by secretary.
1-15-19 1-15-19. Repealed by SL 1982, ch 9, § 10.
1-15-20 Rules, policies, and procedures for management of institutions and agencies--Inmate discipline.
1-15-20.1 Inmate defined.
1-15-21 Receipt and disbursement of inmates' funds.
1-15-22 1-15-22. Repealed by SL 1982, ch 9, § 12.
1-15-23 Investigatory powers of secretary.
1-15-24 Investigations by attorney general on secretary's request.
1-15-25 1-15-25. Repealed by SL 1982, ch 9, § 13.
1-15-26 1-15-26. Repealed by SL 1989, ch 20, § 41.
1-15-27 Participation in formula grants program of Juvenile Justice and Delinquency Prevention Act.
1-15-28 Department of Corrections to supervise participation in Juvenile Justice and Delinquency Prevention Act.
1-15-29 Council of Juvenile Services--Appointment--Terms.
1-15-30 Responsibilities of Council of Juvenile Services.
1-15-31 Participation in Juvenile Justice and Delinquency Prevention Act contingent on funding.
1-15-32 Participation in international prisoner transfer treaties.
1-15-33 Responsibility for transporting inmates to hearings.
1-15-34 County responsible for certain costs of transporting inmates.
1-15-35 Department of Corrections responsible for certain costs of transporting inmates.
1-15-36 Repealed.
1-15-37 Incarceration construction fund established.
CHAPTER 1-16A
HEALTH AND EDUCATIONAL FACILITIES AUTHORITY
1-16A-1 Legislative findings and intent.
1-16A-2 Definitions.
1-16A-2.1 Repealed.
1-16A-2.2 Out-of-state participating health institution--Eligibility for financing.
1-16A-3 Authority created--Public function.
1-16A-3.1 Authority continued within Bureau of Finance and Management--Records and reports.
1-16A-4 Appointment of members of authority--Qualifications.
1-16A-5 Terms of office of members--Vacancies.
1-16A-6 Business interests not disqualifying for membership--Abstention where conflict of interest.
1-16A-7 Annual election of chairman and vice-chairman.
1-16A-8 Meetings open to public--Notice--Resolutions not published.
1-16A-9 Quorum of authority--Vote required for action.
1-16A-10 Expenses of members of authority.
1-16A-11 Removal of member from authority.
1-16A-12 Executive director and associate--Compensation.
1-16A-13 Employment of consultants and agents--Compensation.
1-16A-14 Surety bonds required--Payment of cost.
1-16A-15 Corporate powers of authority.
1-16A-15.1 Authority to approve financing of facilities in the state by out-of-state issuers-Public hearing.
1-16A-15.2 Determination of minimum amount of cash and investment reserves.
1-16A-16 Delegation of powers and duties.
1-16A-17 Records maintained by authority--Certified copies.
1-16A-17.1 Informational budget required.
1-16A-18 Acceptance of loans and gifts.
1-16A-19 Investment of surplus funds--Maturity of securities--Manner of investment.
1-16A-20 Location, construction, operation and maintenance of facilities--Designation of agent.
1-16A-21 Acquisition of property--Title taken.
1-16A-22 Restrictions of other laws not applicable.
1-16A-23 Public works laws not applicable--Competitive bidding not required.
1-16A-24 Mortgages for security of bondholders.
1-16A-25 Operation of facilities restricted to leasing.
1-16A-26 Leasing of facilities--Terms of lease--Option to purchase.
1-16A-27 Duration of leases--Rentals required.
1-16A-28 Establishment of rents and charges.
1-16A-29 Rules and regulations for use of facilities.
1-16A-30 Laws and ordinances applicable to facilities.
1-16A-31 Loans to participating institutions--Maximum amount.
1-16A-32 Refunding loans to participating institutions--Findings required.
1-16A-33 Initial planning service fee to accompany applications.
1-16A-34 Annual planning service fee payable to authority.
1-16A-35 Purpose of planning service fees--Agencies used in planning.
1-16A-36 Planning services and surveys obtained from other agencies.
1-16A-37 Proration of planning service fees between institutions.
1-16A-38 Issuance and refunding of bonds and obligations.
1-16A-39 Terms and form of bonds issued.
1-16A-40 Sale of bonds--Expenses of issuance.
1-16A-41 Negotiability of bonds.
1-16A-42 Bonds payable only from revenues.
1-16A-43 Pledge of revenues to secure bonds.
1-16A-44 Pledge continuing until bonds paid.
1-16A-45 Maintenance, rental and funding agreements in bond resolution.
1-16A-46 Pooling of leases for pledge of revenues.
1-16A-47 Bond redemption privileges retained.
1-16A-48 Additional bonds for facilities or HEAL loans--Protection of prior bondholders.
1-16A-49 Remedies of bondholders on default.
1-16A-50 General obligation not created by issuance of bonds--Tax levy not promised.
1-16A-51 State debt not created--Disclaimer in bonds.
1-16A-52 Pledge of full faith and credit of authority or institution.
1-16A-52.1 Financing through federally guaranteed securities authorized.
1-16A-52.2 Commitments and agreements for financing through federally guaranteed securities.
1-16A-52.3 Bonds not to exceed cost of facility--Expenses included--Terms and sale of bonds.
1-16A-52.4 Title to facility financed through federally guaranteed securities--Mortgage--Lease prohibited.
1-16A-52.5 Return of securities to issuer when provision made for payment.
1-16A-53 Refunding bonds authorized--Amount.
1-16A-54 Methods of refunding--Maturity dates.
1-16A-54.1 Bond issue authorized to refund securities of participating institution.
1-16A-54.2 Amount and terms of securities purchased--Mortgage--Insurance and guaranties.
1-16A-54.3 Pledge of securities to secure bonds--Income used for payment--Maximum principal--Bonds subject to other provisions of chapter.
1-16A-54.4 Title of financed facility to remain in participating institution--Mortgage--Lease prohibited.
1-16A-55 Bonds of authority as legal investments.
1-16A-56 Conveyance of facility to participating institution when debt paid.
1-16A-56.1 Conveyance provisions inapplicable to refinanced facility--Return of securities when bonds paid or payment provided for.
1-16A-57 Expenses paid from authority funds--Borrowing for initial operation.
1-16A-58 Tax exemption of authority.
1-16A-59 Securities regulation.
1-16A-60 Additional proceedings not required--Police power reserved.
1-16A-61 Powers supplementary.
1-16A-62 Powers under other law unimpaired.
1-16A-63 Liberal construction of chapter.
1-16A-64 Short title of chapter.
1-16A-65 Health education assistance loan program established.
1-16A-66 Health education assistance loan program--Powers of authority.
1-16A-67 Health education assistance loan program--Funding of HEAL loan purchases by bonds, notes or other obligations of authority.
1-16A-68 Health education assistance loan program--Payment of bonds.
1-16A-69 Health education assistance loan program--Security for principal and interest of bonds.
1-16A-70 Health education assistance loan program--Repayment fund created.
1-16A-71 1-16A-71. Repealed by SL 1988, ch 12, § 8; SL 1988, ch 18.
1-16A-71.1 Repealed by SL 2012, ch 179, § 10.
1-16A-72 1-16A-72. Repealed by SL 1988, ch 12, § 9.
1-16A-72.1 Repealed by SL 2012, ch 179, § 11.
1-16A-73 1-16A-73. Repealed by SL 1988, ch 12, § 10.
1-16A-73.1 Repealed by SL 2012, ch 179, §§ 12 to 23.
1-16A-73.13 Repealed by SL 2012, ch 180, §§ 9 to 15.
1-16A-73.20 Repealed by SL 2012, ch 179, §§ 24 to 31.
1-16A-74 Power to act as public instrumentality.
1-16A-74.1 Establishment of funding program for financing of property by public bodies--Assistance--Pledging of payments--Compliance with statutory limitations.
1-16A-75 Funding program for purchase of notes--Issuance of bonds or notes.
1-16A-76 Jurisdiction of federal bankruptcy courts--Written contracts concerning bonds or notes enforceable.
1-16A-77 1-16A-77. Repealed by SL 2013, ch 6, § 7.
1-16A-78 Authority to issue education savings bonds.
1-16A-79 Criteria for issuance of education savings bonds.
1-16A-80 Additional criteria for issuance of education savings bonds.
1-16A-81 Discounted sale of education savings bonds--Interest--Payment at maturity.
1-16A-82 Sale of education savings bonds--Computation of aggregate principal.
1-16A-83 Plan of implementation for issuance and sale of education savings bonds.
1-16A-84 Designation by authority required for education savings bonds.
1-16A-85 Pool arrangement defined.
1-16A-86 Authority as funding authority for pool arrangement.
1-16A-87 Program for issuance of bonds or certificates of participation that constitute debt of participating agencies--Secured for payment by proceeds of irrepealable tax levies.
1-16A-88 Bonds or certificates of participation not secured for payment by proceeds of irrepealable tax levies.
1-16A-89 Credit enhancement obligation--Conditions.
1-16A-90 Agreements with other entities involving credit enhancement obligations.
1-16A-91 Issued indebtedness for accounts receivable program.
1-16A-92 Authority may contract to manage payment or interest rate risk for bonds.
1-16A-93 Proposed issuance of obligations--Determination of board.
1-16A-94 Promulgation of rules establishing forecasting methodology.
1-16A-95 Issuance of additional obligations--Legislative approval.
1-16A-96 Appropriation for payments pursuant to lease purchase agreements--Agreement dated August 1, 1988 ratified.
1-16A-97 Procedures to facilitate school district issuance of capital outlay certificates and terms for lease purchase agreements secured by pledge of state aid to education funds.
1-16A-98 State not liable for capital outlay certificates and lease purchase agreements sponsored by authority or secured by pledge of state aid to education.
1-16A-99 Contracts made by school district, state, or authority not to be impaired.
CHAPTER 1-16B
ECONOMIC DEVELOPMENT FINANCE AUTHORITY
1-16B-1 Definitions.
1-16B-2 1-16B-2. Repealed by SL 1986, ch 14, § 2.
1-16B-3 Repealed
1-16B-4 Repealed
1-16B-5 1-16B-5. Repealed by SL 1986, ch 14, § 4.
1-16B-6 Repealed
1-16B-7 Finance authority created.
1-16B-8 Board of directors--Appointment of members.
1-16B-9 Quorum of board--Action by majority present.
1-16B-10 Commissioner as chief administrative officer.
1-16B-11 Staff services to authority--Funds from which expenses paid.
1-16B-12 Transfer of income from capital reserve fund to a general account--Continuous appropriation for purposes of chapter.
1-16B-14 Powers of authority.
1-16B-14.1 Exemption of documentary material and data involving trade secrets, etc., from disclosure--Consideration by authority in executive session.
1-16B-15 Power to issue notes and bonds--Maximum outstanding.
1-16B-16 Issuance, renewal, payment, and refunding of notes and bonds--Application of proceeds of refunding bonds.
1-16B-17 Notes and bonds as general obligations of authority--Funds from which payable.
1-16B-18 Terms of notes and bonds--Maturity--Interest--Registration--Redemption--Sale.
1-16B-19 State pledge not to impair powers of authority--Inclusion in terms of notes or bonds.
1-16B-20 Obligations payable only from assets of authority--Statement on face of obligations.
1-16B-21 Repurchase and cancellation of notes and bonds--Maximum price paid.
1-16B-22 Issuance of refunding obligations--Terms governed by chapter.
1-16B-23 Disposition of refunding obligations--Application or investment of proceeds.
1-16B-24 Bonds and notes as legal investments for public and fiduciary funds.
1-16B-25 Appointment of trustee on default in payment of bonds or notes.
1-16B-26 Trustee's powers in protection of bondholders or noteholders.
1-16B-27 Notice required of trustee before declaring principal due.
1-16B-28 Incidental powers of trustee.
1-16B-29 Capital reserve fund required--Moneys paid in.
1-16B-30 Amounts required in capital reserve fund.
1-16B-31 Application of capital reserve fund--Transfer of income.
1-16B-32 Bonds and notes not issued when capital reserve below required amount.
1-16B-33 Annual budget estimate for restoration of capital reserve fund--Governor's budget--Application of appropriated funds.
1-16B-34 Establishment of loan funds--Investment.
1-16B-35 Cooperation with local agencies.
1-16B-36 Determination of desirability of development projects.
1-16B-37 Power to make loans to local agencies--Repayment provisions.
1-16B-38 Maximum loan to local agency--Vote required for approval.
1-16B-39 1-16B-39. Repealed by SL 1986, ch 14, § 11.
1-16B-40 Application by local agency for loan--Contents.
1-16B-41 Loans made only when other loans not available.
1-16B-42 Preference to projects for processing raw materials produced in state.
1-16B-43 Maximum percentage of cost loaned to local agency--Assurances as to other financing.
1-16B-44 Adjustment of local funding requirements when federal agency participates--Subordination to mortgage held by federal agency.
1-16B-45 Pledge to United States not to impair powers of authority.
1-16B-46 Terms of loan to local agency--Subordination to other loans.
1-16B-47 Foreclosure to take title to development project--Sale or lease.
1-16B-48 Annual reports of authority--Contents.
1-16B-49 Cumulative rights and powers of authority.
1-16B-50 Annual action plan--Annual informational report.
1-16B-51 1-16B-51. Repealed by SL 1995, ch 4, § 1.
1-16B-52 Issuance of bonds and obligations--Additional proceedings not required--Transferred rights, powers, privileges, and functions supplementary--Liberal construction.
1-16B-53 Preferred development project defined.
1-16B-54 Direct mortgage loans for preferred development projects.
1-16B-55 Authority may contract to manage payment or interest rate risk for bonds.
1-16B-56 Value Added Finance Authority Abolished--Duties and responsibilities transferred--Economic Development Finance Authority and Board of Economic Development.
1-16B-57 Duties and goals--Agricultural production.
1-16B-58 Lending power of authority.
1-16B-59 Bond authorization, terms, and sale--Interest rate--Noninterest-bearing bonds.
1-16B-60 Pledges by authority.
1-16B-61 Redemption of bonds.
1-16B-62 Trust indenture securing authority bonds.
1-16B-63 Proceeds of bonds--Investments.
1-16B-64 Bonds as negotiable instruments.
1-16B-65 Execution of bonds--Seal.
1-16B-66 Immunity from personal liability on bonds.
1-16B-67 Conflict of interest --Disclosure--Participation in transaction.
1-16B-68 Tax exemption--Filing fee exemption.
1-16B-69 Bonds as authorized investments and securities for deposits.
1-16B-70 Promulgation of rules.
1-16B-71 Liberal construction of chapter.
1-16B-72 Disposition of authority assets on dissolution.
1-16B-73 Compliance with Internal Revenue Code.
CHAPTER 1-16E
VALUE ADDED FINANCE AUTHORITY [REPEALED]
1-16E-1 Repealed
1-16E-2 Repealed
1-16E-3 Repealed
1-16E-4 Repealed
1-16E-4.1 Repealed
1-16E-4.2 Repealed
1-16E-4.3 Repealed
1-16E-4.4 Repealed
1-16E-5 1-16E-5, 1-16E-6. Obsolete.
1-16E-7 Repealed
1-16E-8 Repealed
1-16E-9 Repealed
1-16E-10 Repealed
1-16E-11 Repealed
1-16E-12 Repealed
1-16E-13 Repealed
1-16E-14 Repealed
1-16E-15 Repealed
1-16E-16 Repealed
1-16E-17 Repealed
1-16E-18 Repealed
1-16E-19 Repealed
1-16E-20 Repealed
1-16E-21 Repealed
1-16E-22 Repealed
1-16E-23 Repealed
1-16E-24 Repealed
1-16E-25 Repealed
1-16E-26 Repealed
1-16E-27 Repealed
1-16E-28 Repealed
1-16E-29 Repealed
1-16E-30 Repealed
1-16E-31 Repealed
1-16E-32 Repealed
CHAPTER 1-16G
ECONOMIC DEVELOPMENT
1-16G-1 Board of Economic Development created--Appointment--Terms.
1-16G-1.1 Authority of Board of Economic Development.
1-16G-1.2 Foreclosure as means of protecting loan--Sale, transfer, or conveyance of property.
1-16G-1.3 Nonvoting members of Board of Economic Development.
1-16G-2 1-16G-2. Repealed by SL 2011, ch 7, § 1.
1-16G-3 Revolving economic development and initiative fund--Purpose.
1-16G-4 1-16G-4. Repealed by SL 2015, ch 63, § 3.
1-16G-5 Receipt of repayment of loans and interest--Rules--Loans for credit enhancement--Reversion of excess.
1-16G-6 No appeal by applicant from board's action.
1-16G-7 Acceptance and expenditure of other funds by Board of Economic Development.
1-16G-8 Promulgation of rules.
1-16G-8.1 1-16G-8.1 to 1-16G-9. Repealed by SL 2007, ch 5, §§ 4 to 7.
1-16G-10 Annual report by Board of Economic Development.
1-16G-11 Documentary material consisting of trade secrets exempt from disclosure--Discussion of or action on trade secrets at meeting closed to public.
1-16G-12 1-16G-12 to 1-16G-16. Repealed by SL 2004, ch 12, §§ 1 to 5.
1-16G-16.1 Procurement of certain services for revolving economic development and initiative fund.
1-16G-17 1-16G-17, 1-16G-18. Repealed by SL 2004, ch 12, §§ 6, 7.
1-16G-19 1-16G-19. Repealed by SL 2009, ch 1, § 19.
1-16G-20 1-16G-20. Repealed by SL 2006, ch 2, § 9.
1-16G-21 1-16G-21. Repealed by SL 2006, ch 2, § 10.
1-16G-22 1-16G-22. Repealed by SL 2006, ch 2, § 11.
1-16G-23 1-16G-23. Repealed by SL 2006, ch 2, § 12.
1-16G-24 Use of earnings for administrative costs of Division of Finance of Governor's Office of Economic Development.
1-16G-25 1-16G-25 to 1-16G-28. Repealed by SL 2013, ch 192, §§ 3, 5, 6, 8.
1-16G-29 1-16G-29 to 1-16G-39. Repealed by SL 2007, ch 5, §§ 10 to 20.
1-16G-40 1-16G-40 to 1-16G-46. Rejected by referendum.
1-16G-47 1-16G-47. Repealed by SL 2018, ch 10, § 1.
1-16G-47.1 Disbursements from local infrastructure improvement grant fund and economic development partnership fund.
1-16G-48 1-16G-48. Repealed by SL 2018, ch 10, § 2.
1-16G-49 Annual report to Government Operations and Audit Committee.
1-16G-50 Local infrastructure improvement grant fund.
1-16G-51 Economic development partnership fund created.
1-16G-52 Awards from economic development partnership fund.
1-16G-53 Matching basis of awards from economic development partnership fund.
1-16G-54 Promulgation of rules regarding local infrastructure improvement grant fund.
1-16G-55 Promulgation of rules regarding economic development partnership fund.
1-16G-56 Definitions relating to reinvestment payment program.
1-16G-57 Reinvestment payment procedure.
1-16G-58 Application for reinvestment payment.
1-16G-59 Factors for board review of application.
1-16G-60 Permit to submit an affidavit for reinvestment payment.
1-16G-61 Affidavit for reinvestment payment--Form and contents.
1-16G-62 Time for filing affidavit for reinvestment payment--Eligible project costs--Extension.
1-16G-63 Time and manner of reinvestment payment.
1-16G-64 Reinvestment payment fund created.
1-16G-65 Effect of tax collection agreement with Indian tribe.
1-16G-66 Public records-Information on the GOED website.
1-16G-67 Promulgation of rules on reinvestment payments.
1-16G-68 Prohibited commissions.
1-16G-69 1-16G-69 to 1-16G-72. Executed.
1-16G-73 Definitions relating to new frontiers program.
1-16G-74 Requirements for new frontiers program applicants.
1-16G-75 Time for filing application--Contents.
1-16G-76 Board review of application--Factors for consideration.
1-16G-77 Permit from GOED--Assignment and transfer of permit and payment--Amended application.
1-16G-78 Affidavit for new frontiers payment--Contents.
1-16G-79 Time for filing affidavit for payment--Final program cost determination--Extension.
1-16G-80 Time for new frontiers payment--Additional information.
1-16G-81 Repayment upon relocation outside of state--Repayment waiver.
1-16G-82 Limitations on reinvestment payments.
1-16G-83 Public information.
1-16G-84 Promulgation of rules regarding new frontiers program.
1-16G-85 [Effective until July 1, 2025] Definitions.
1-16G-86 [Effective until July 1, 2025] Disaster relief subfund--Creation--Continuous appropriation.
1-16G-87 [Effective until July 1, 2025] Disaster relief subfund--Loans.
1-16G-88 [Effective until July 1, 2025] Disaster relief subfund--Reporting.
1-16G-89 [Effective until July 1, 2025] Disaster relief subfund loans--Confidentiality.
1-16H-1
Legislative findings.
1-16H-2
Purpose of authority.
1-16H-3
Definitions.
1-16H-4
Science and Technology Authority created.
1-16H-5
Board of directors--Appointment and terms.
1-16H-6
Removal of members--Grounds.
1-16H-7
Compensation of members--Reimbursement of expenses.
1-16H-8
Oath of office.
1-16H-9
Executive director, agents, and employees--Duties--Compensation.
1-16H-10
Meetings of the board.
1-16H-11
Quorum--Vote required for action.
1-16H-12
Business interests not disqualification for membership--Abstention where conflict
of interest.
1-16H-13
Open meetings--Notice.
1-16H-14
Record of proceedings--Filings--Copies--Certification.
1-16H-15
Powers and duties of authority.
1-16H-16
Promulgation of rules.
1-16H-17
Loans and grants made by authority.
1-16H-18
Investment of funds.
1-16H-18.1
Investment of funds with State Investment Council.
1-16H-19
Issuance of bonds, notes, or other evidence of indebtedness.
1-16H-20
Suit to compel performance by holder of revenue bond, note, or instrument issued by
authority.
1-16H-21
Suit by holder of revenue bond to compel payment of principal, interest, or premium--Jurisdiction.
1-16H-22
Negotiability of bonds, notes, or instruments--Temporary bonds, notes, or
instruments.
1-16H-23
Pledge of revenues from lease or loan agreement--Trust agreement.
1-16H-24
Pledge or assignment of or lien on or security interest in revenues, funds, or accounts.
1-16H-25
Pledge by state not to impair rights and remedies of holders of bonds and notes.
1-16H-26
State not liable for principal or interest on bonds, notes, instruments, or obligations
of authority.
1-16H-27
Governmental bodies, financial institutions, and others authorized to invest in bonds
or notes issued by authority.
1-16H-28
Exemption of documentary material and data involving trade secrets, etc., from
disclosure--Consideration by authority in executive session.
1-16H-29
Title to projects.
1-16H-30
Acquisition of property.
1-16H-31
Acquisition, improvement, maintenance, and decommissioning of projects.
1-16H-31.1
Subsurface property defined.
1-16H-31.2
Condemnation of subsurface property for purpose of acquiring, developing,
constructing, maintaining, or operating projects--Limitation--Procedures.
1-16H-31.3
Declaration of taking--Contents.
1-16H-31.4
Effective date of condemnation and right to just compensation.
1-16H-31.5
Notice of hearing on right to take--Waiver of right to question necessity--Order of
court.
1-16H-31.6
Service or mailing of copy of declaration of taking and amendments.
1-16H-31.7 Amendments to the declaration of taking--Filing.
1-16H-31.8 Deposit with court of money representing just compensation for subsurface property--Expedition of proceedings.
1-16H-31.9 Distribution of money on deposit with the court--Judgment against authority for deficiency.
1-16H-31.10 Application of other provisions to subsurface property rights taken by authority.
1-16H-32 Intergovernmental agreements.
1-16H-33 Sharing of agency employees.
1-16H-34 Inapplicability of § 5-2-19.
1-16H-35 Transfer or exchange of property with other state agencies.
1-16H-36 Designation of depositories.
1-16H-37 Tax exemption of authority.
1-16H-38 Authority reports to Governor's Office of Economic Development.
1-16H-39 Informational budget.
1-16H-40 Transfer of functions and programs of Homestake Laboratory Conversion Project.
1-16H-41 Homestake Mine donation.
1-16H-42 Severability of provisions.
1-16H-43 Immunity from liability for condition or use of certain donated property.
1-16H-44 Property tax exemption for certain leased property in Lawrence County.
1-16I-1 to 1-16I-39. Repealed.
1-16J-1
South Dakota Ellsworth Development Authority created.
1-16J-2
Membership--Initial terms--Officers--Removal.
1-16J-3
Authority reports to Governor's Office of Economic Development.
1-16J-4
Terms--Vacancies--Quorum.
1-16J-5
No compensation--Reimbursement of expenses.
1-16J-6
Employment of personnel.
1-16J-7
Powers of authority.
1-16J-8
Investments by authority.
1-16J-9
Issuance of revenue bonds, notes, or other evidences of indebtedness.
1-16J-10
Suit to compel performance by holder of revenue bonds, notes, or other instruments
issued by authority.
1-16J-11
Action to compel payment of principal or interest on bonds or premium.
1-16J-12
Negotiability of bonds, notes, and other instruments--Temporary instruments.
1-16J-13
Pledge of revenues from lease or loan agreement--Trust agreement--Remedy.
1-16J-14
Pledge or assignment of and lien on or security interest in revenues, funds, or
accounts.
1-16J-15
Pledge by state not to impair rights and remedies of holders of bonds and notes.
1-16J-16
State not liable for principal or interest on bonds, notes, or obligations of authority.
1-16J-17
Governmental bodies, financial institutions, and others authorized to invest in bonds
or notes issued by authority.
1-16J-18
Exemption of documentary material and data from disclosure--Consideration by
authority in executive session.
1-16J-19
Title to project.
1-16J-20
Inapplicability of § 5-2-19.
1-16J-21
Designation of depositories.
1-16J-22
Tax and securities exemptions of authority.
1-16J-23
Informational budget.
1-16J-24
Intergovernmental agreements.
1-16J-25
Sharing of agency employees
.
1-16J-26
Powers not limited or created.
1-16J-27
Transfer of real estate in Rapid City.
1-16J-28
Property included in Rapid City real estate transfer.
1-16J-29
Real estate transfer subject to approval by Governor.
CHAPTER 1-18
SOUTH DAKOTA STATE HISTORICAL SOCIETY
1-18-1 1-18-1. Repealed by SL 1974, ch 9, § 15.
1-18-1.1 1-18-1.1. Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), § 90, eff. Apr. 12, 2011.
1-18-2 Purpose--Duties.
1-18-2.1 1-18-2.1. Repealed by SL 2015, ch 277 (Ex. Ord. 15-1), § 22, eff. Apr. 20, 2015.
1-18-2.2 Repealed
1-18-3 Creation--Additional duties.
1-18-3.1 Code revision.
1-18-4 Repealed
1-18-5 Membership fees.
1-18-6 1-18-6. Repealed by SL 2015, ch 8, § 1.
1-18-7 Officers--Participation--Members only.
1-18-8 Place of business.
1-18-10 Society--Meetings.
1-18-11 Society--Meetings--Quorum.
1-18-12.1 Executive committee of society abolished.
1-18-12.2 State Historical Society Board of Trustees created--Transfers.
1-18-13.1 Trustees--Number--Qualifications--Terms.
1-18-13.2 Appointment of trustees by Governor--Qualifications--Terms of initial appointees.
1-18-13.3 Trustees--Election--Qualifications--Initial terms.
1-18-13.4 Repealed
1-18-14.1 Trustees--Meetings.
1-18-15 Trustees--Subcommittees.
1-18-16 Repealed
1-18-17 Society--Management--Trustees.
1-18-18 Trustees--President--Vice-president--Terms.
1-18-19 President--Vice-president--Duties.
1-18-20 Appointment of director.
1-18-21 1-18-21. Repealed by SL 1989, ch 12.
1-18-22 Director--Duties.
1-18-23 1-18-23. Repealed by SL 2015, ch 8, § 2.
1-18-24 1-18-24. Repealed by SL 1995, ch 5, § 2.
1-18-25 State treasurer as treasurer of historical society--Membership in historical society not required to serve as treasurer--Duties.
1-18-26 Duties assigned to officers.
1-18-27 Employment of personnel.
1-18-28 Repealed
1-18-29 Repealed
1-18-30 Use of state funds and property.
1-18-30.1 Board as trustee of property for state.
1-18-31 Fees--Fund.
1-18-31.1 Publications revolving account--Purposes--Deposits.
1-18-31.2 Fees for admission to museums and for use of documents.
1-18-32 1-18-32. Repealed by SL 1982, ch 16, § 6.
1-18-32.1 Records and reports.
1-18-33 1-18-33. Repealed by SL 1974, ch 10, § 17.
1-18-34 1-18-34 to 1-18-37. Repealed by SL 1974, ch 9, § 15.
1-18-38 Promulgation of rules for restoration and rehabilitation tax moratoriums.
CHAPTER 1-18B
HISTORY AND HISTORICAL RECORDS
1-18B-1 Board defined.
1-18B-2 Board--Duties--Preservation and publication--Activities authorized.
1-18B-3 Employment of personnel by department secretary--Supplies and equipment.
1-18B-4 Board--Expenditures.
1-18B-5 Acceptance and administration of gifts and grants.
1-18B-6 Agreements for cooperation in board functions.
1-18B-7 Publication and distribution agreements.
1-18B-8 Board--Publications--Exchanges--Sales--Prices.
1-18B-9 Public records--Release to society--Prerequisites and conditions.
1-18B-10 Certified copies of documents as evidence.
1-18B-11 Certified copies of legal notices as evidence--Recording.
1-18B-12 Copies--Fees.
1-18B-13 Payment into treasury of fees and proceeds of sales.
1-18B-14 Historical Records Board abolished.
CHAPTER 1-18C
STATE ARCHIVES
1-18C-1 Definition of terms.
1-18C-2 The state archives established.
1-18C-3 State archivist--Appointment and compensation.
1-18C-4 Duty of archivist--Policies and procedures.
1-18C-5 Archivist--Official custodian--Duties.
1-18C-5.1 Promulgation of rules for printing permanent public records on permanent paper.
1-18C-6 Employment of additional personnel.
1-18C-7 Acquisition of records submitted to records destruction board.
1-18C-8 Archivist--Receipts for acquisitions--Copies.
1-18C-9 Safeguarding of restricted records.
1-18C-10 Availability of archival resources to public and state agencies--Protection and preservation.
1-18C-11 Publications authorized--Price.
1-18C-12 Promulgation of rules.
1-18E-1 to 1-18E-12. Repealed.
1-19-1
Acceptance of Verendrye plate site.
1-19-2
Repealed.
1-19-2.1
Verendrye Memorial Commission abolished--Performance of functions.
1-19-2.2
Maintenance and improvement of Verendrye plate site.
1-19-3, 1-19-4. Repealed.
1-19-5
Old Fort Pierre Chouteau site.
1-19-6
Acceptance of Oahe Chapel.
1-19-7
Acceptance of Savo monument site.
1-19-8
Board to hold sites and monuments for people of state.
CHAPTER 1-19A
PRESERVATION OF HISTORIC SITES
1-19A-1 Legislative findings and declaration.
1-19A-2 Definition of terms.
1-19A-3 Statewide survey of historic properties.
1-19A-4 Entry on private property for survey--Consent required.
1-19A-5 State register of historic places--Standards for listing.
1-19A-6 Participation in conferences and programs.
1-19A-7 Cooperation with other governmental agencies.
1-19A-8 Qualification for federal aid.
1-19A-9 Repealed
1-19A-10 Preparation of preservation plan--Review and revision.
1-19A-11 Promulgation of rules regarding properties.
1-19A-11.1 Preservation of historic property--Procedures.
1-19A-12 Coordination of activities of local commissions.
1-19A-13 Assistance to local commissions and private parties.
1-19A-13.1 Historical preservation loan and grant fund established--Purpose--Sources of funds.
1-19A-13.2 National register eligibility required.
1-19A-13.3 Amount of loans and grants--Interest rate--Extensions and renewals--Amounts available for structures with public use.
1-19A-13.4 Funds to be used for restoration of historic properties.
1-19A-13.5 Promulgation of rules regarding historical preservation loans and grants.
1-19A-14 Information provided on historic properties.
1-19A-15 Stimulation of public interest in historic preservation.
1-19A-16 On-going programs--Programs of school of mines and technology not affected--Charge for publications.
1-19A-17 Improvement and operation of historic properties--Legislative consent required for acquisition.
1-19A-18.1 State Review Board abolished.
1-19A-19 Powers and duties of board.
1-19A-20 Tax moratorium on increased valuation due to restoration or rehabilitation of historic property.
1-19A-21 Covenant to maintain property required to benefit from chapter.
1-19A-22 Cancellation of tax moratorium.
1-19A-23 Ratification of previous moratoriums.
1-19A-24 Moratoriums for certain property prohibited.
1-19A-25 Repealed
1-19A-26 Repealed
1-19A-27 Repealed
1-19A-28 Repealed
1-19A-29 Promulgation of rules to administer chapter.
1-19B-1
Legislative findings--Purpose of chapter.
1-19B-1.1
Definition of terms.
1-19B-2
County and municipal historic preservation commissions--Purpose.
1-19B-3
Members of preservation commission--Terms of office--Residence.
1-19B-4
Employment of personnel.
1-19B-5
Annual special purpose tax levy--Approval by voters required.
1-19B-6
Revenue bonds authorized.
1-19B-7
Appropriations for operating expenses and acquisition and management of historic
properties.
1-19B-8
Survey of local historic properties--Standards and criteria.
1-19B-9
Entry on private lands for survey--Consent required to enter building.
1-19B-10
Participation in local planning processes.
1-19B-11
Cooperation with governmental agencies.
1-19B-12
Contractual powers of preservation commission.
1-19B-13
Acquisition of historic properties.
1-19B-14
Title to property acquired--Supervision and control.
1-19B-15
Maintenance and operation of historic properties.
1-19B-16
Acquisition of historical easements.
1-19B-17
Lease or disposition of historic properties--Rights reserved.
1-19B-18
Educational and interpretive programs.
1-19B-19
Recommendations and information to governing body.
1-19B-20
Ordinances designating historic properties--Criteria--Procedure.
1-19B-21
Investigation and report before designation of historic property.
1-19B-22
Hearing on designation of historic property--Notice.
1-19B-23
Ordinance enforcing waiting period--Posting of sign.
1-19B-24
Notification to owners of historic property designated--Filing of ordinance.
1-19B-25
Notice to director of equalization of designation of historic property--Consideration
in appraisal.
1-19B-26
Transfer by owners of development rights in historic properties.
1-19B-27
Notice by owner before demolition or alteration of historic property--Waiting period--Negotiations by commission.
1-19B-28
Negotiations during waiting period for acquisition of historic property.
1-19B-29
Waiver of waiting period when preservation of character of property ensured.
1-19B-30
Reduction of waiting period for extreme hardship.
1-19B-31
Ordinary maintenance and repairs not prohibited--Changes required for public safety.
1-19B-32
Establishment of district study committee authorized.
1-19B-33
Composition of district study committee--Residence of members.
1-19B-34
Investigations by district study committee--Criteria.
1-19B-35
Report of findings by district study committee.
1-19B-36
Hearing on establishment of historic district--Notice to property owners.
1-19B-37
Final recommendations by study committee--Draft ordinance.
1-19B-38
Establishment of historic district by ordinance--Commission required.
1-19B-39
Amendment of historic district ordinance--Studies and reports.
1-19B-40
Composition of district commission--Residence of members--Terms of office--Chair
and vice chair.
1-19B-41
Promulgation of regulations--Personnel--Gifts.
1-19B-42
Certificate of appropriateness required for exterior alterations in historic district.
1-19B-43 Exterior features defined.
1-19B-44 Interior arrangement not subject to control--Restriction on commission activities.
1-19B-45 Certificate of appropriateness required for change in use within historic district--Prerequisite to zoning change.
1-19B-46 Certificate issued in case of extreme hardship.
1-19B-47 Notice and hearing before action on certificate of appropriateness.
1-19B-48 Issuance of certificate when proposed change appropriate.
1-19B-49 Denial of certificate--Reasons recorded--Notice to applicant.
1-19B-50 Appeal to circuit court by applicant for certificate.
1-19B-51 Maintenance and repairs not changing appearance permitted--Correction of unsafe conditions.
1-19B-52 Ordinances to prevent deterioration by neglect--Misdemeanor.
1-19B-53 Governing body's power to protect historic properties.
1-19B-54 Exemption of historic properties from health and building codes.
1-19B-55 Public regulation or acquisition of historic properties unimpaired.
1-19B-56 Conservation easements--Definitions.
1-19B-57 Conservation easement creation, modification, transfer, and termination.
1-19B-58 Actions affecting conservation easements.
1-19B-59 Validity of conservation easements.
1-19B-60 Application to conservation easements.
1-19B-61 Rejected.
1-19B-62 Ordinance requiring review of undertakings which will encroach upon, damage or destroy historic property.
CHAPTER 1-19C
HISTORICAL NAMES
1-19C-1 Legislative findings regarding offensive geographic place names.
1-19C-1.1 1-19C-1.1, 1-19C-2. Repealed by SL 2014, ch 9, §§ 2, 3.
1-19C-2.1 South Dakota Board on Geographic Names created--Members--Meetings--Investigations--Promulgation of rules.
1-19C-2.2 Board may only act on name change if identified by law as offensive or insulting--Exception.
1-19C-2.3 Unnamed geographic place--Public meetings.
1-19C-3 1-19C-3. Repealed by SL 2014, ch 9, § 5.
1-19C-4 1-19C-4. Repealed by SL 2009, ch 2, § 6.
1-19C-5 Offensive place names revised by United States Board on Geographic Names.
CHAPTER 1-20
ARCHAEOLOGICAL EXPLORATION
1-20-1 1-20-1 to 1-20-16. Repealed by SL 1974, ch 11, § 18.
1-20-17 Legislative findings--Purpose of chapter.
1-20-18 Definitions.
1-20-19 Employment and qualifications of state archaeologist.
1-20-20 Duties of state archaeologist--Employment of personnel.
1-20-21 Statewide survey of archaeological sites--Records.
1-20-21.1 Agreements involving archaeological survey or assessment work--Fee schedule.
1-20-21.2 Confidentiality of records pertaining to location of archaeological site--Exceptions.
1-20-22 Notice to board of projects endangering archaeological sites--Notice to contractors.
1-20-23 Investigation of endangered archaeological sites.
1-20-24 Initiation of action by board--Recovery of archaeological data--Contractor's cost.
1-20-25 Exclusive right--Investigation on public lands--Property of state.
1-20-26 Cooperation with state archaeologist by public agencies.
1-20-27 Reservation from sale of state archaeological sites--Release when examination complete.
1-20-28 Reservation by state of archaeological interest in land transferred.
1-20-29 Policy as to investigations on private land.
1-20-30 Designation of archaeological register sites--Consent required.
1-20-31 Notice of designation of archaeological site--Permit required for field investigation.
1-20-32 Issuance of exploration permits--Qualifications of permittees.
1-20-33 Exploration results--Report to state archaeologist.
1-20-34 Specimens collected--State property--Disposition.
1-20-35 Unauthorized investigation as misdemeanor--Forfeiture of materials found.
1-20-36 Trespass on private land--Misdemeanor.
1-20-37 Forgery and misrepresentation of archaeological objects--Sale of unlawfully collected objects--Misdemeanor.
CHAPTER 1-21
STATE FAIR AND SHOWS
1-21-1 State Fair Commission created--Appointment and terms.
1-21-1.1 1-21-1.1. Repealed by SL 2003, ch 16, § 2.
1-21-1.2 1-21-1.2. Repealed by SL 2017, ch 6, § 1, eff. Mar. 8, 2017.
1-21-2 Meetings of fair commission--Chair and vice chair.
1-21-3 1-21-3. Repealed by SL 1971, ch 23, § 2.
1-21-4 State fair manager--Appointment and duties--Membership in State Fair Commission.
1-21-4.1 1-21-4.1. Repealed by SL 1974, ch 12, § 5.
1-21-5 1-21-5. Repealed by SL 1997, ch 38, § 1.
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, 1-21-12. Repealed by SL 2003, ch 16, §§ 7, 8.
1-21-13 1-21-13. Repealed by SL 2001, ch 10, § 2.
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.
1-22-1
Legislative findings and policy.
1-22-2
Arts council created--Composition and appointment of members.
1-22-2.1
Terms of office of council members.
1-22-2.2
Per diem and expenses of council members.
1-22-2.3
Arts council to continue in Department of Tourism.
1-22-3
Officers of arts council.
1-22-4
Meetings of arts council.
1-22-5
Powers and duties of council.
1-22-5.1
Executive director of council--Supplies and equipment.
1-22-6
Freedom of expression preserved.
1-22-7
Poet laureate of state--Qualifications and appointment.
1-22-8
Promulgation of rules.
1-22-9
Definitions.
1-22-10
Authorization of art work in certain state buildings--Applicability.
1-22-11
Art for state buildings fund--Use and derivation of funds.
1-22-12
Administration by council--Annual report.
1-22-13
Inventory--Examination of artwork--Restoration, repair, and replacement of artwork.
1-22-14
Selection of artists--Advice of panel--Restrictions on panel.
1-22-15
Exemption from bidding requirements.
1-22-16
Rights to ownership of acquired artwork.
1-22-17
Alternatives not precluded.
1-24-1
Definition of terms.
1-24-2
Joint exercise of powers authorized--Exceptions.
1-24-3
Agreements for cooperative action authorized--Approval by governing bodies.
1-24-4
Contents of agreement.
1-24-5
Provisions for control agency and property.
1-24-6
Agreements to be approved by state agency.
1-24-6.1
Agreements filed with attorney general and Legislative Research Council--Time.
1-24-7
Appropriation of funds and services to carry out agreement.
1-24-8
Contracts for service by public agencies.
1-24-9
Agencies not relieved from obligations by agreement.
1-24-10
Severability of provisions.
1-24-11
Pool arrangement defined.
1-24-12
Authorization for and establishment of enforceability and validity of pool
arrangements--Government immunity.
1-24-13
Resolution or ordinance authorizing payment of premiums pursuant to pool
arrangement--Payment.
1-24-14
Funding arrangements with health and educational facilities authority.
1-24-15
Agreements for investment of public moneys.
1-24-16
Election when agreement pledges full faith and credit of public agency.
1-24-17
Pool arrangement, agreement, or financing not to be considered insurance or
insurance company.
1-24-17.1
Annual audit of pooling arrangement financial statements--Filing with Department
of Legislative Audit--Availability to public.
1-24-18
Repealed.
1-24-19
Political subdivisions authorized to form separate administrative or legal entity.
1-24-20
Reciprocal interstate agreements for purpose of law enforcement.
1-24-21
Liability of law enforcement officers acting in reciprocal capacity.
1-24-22
Agreements of parties to an interstate law enforcement agreement.
1-24-23
Approval of Governor required for reciprocal agreements.
1-24-24
Agreement with Indian tribe regarding high school equivalency test administered on
Indian reservation.
1-24-25
Term of agreement regarding high school equivalency test--Renewal.
1-24A-1
Consulting contracts filed with state auditor--Time.
1-24A-2
State agency defined.
1-24A-3
Consulting contract defined.
CHAPTER 1-25
MEETINGS OF PUBLIC AGENCIES
1-25-1 Official meetings open to public--Exceptions--Public comment--Violation as misdemeanor.
1-25-1.1 Notice of meeting of political subdivision--Agenda--Violation as misdemeanor.
1-25-1.2 1-25-1.2. Repealed by SL 2019, ch 3, § 6.
1-25-1.3 Notice of meeting of the state--Agenda--Violation as misdemeanor.
1-25-1.4 Information to be posted on state website.
1-25-1.5 Teleconference meeting or hearing--Quorum--Vote.
1-25-1.6 Public participation in teleconference meeting.
1-25-2 Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor.
1-25-3 Minutes of proceedings--Availability to public--Violation as misdemeanor.
1-25-4 1-25-4. Repealed by SL 1996, ch 9, § 2.
1-25-5 1-25-5. Repealed by SL 1980, ch 24, § 12.
1-25-6 Duty of state's attorney on receipt of complaint alleging chapter violation.
1-25-6.1 Duty of state's attorney on receipt of complaint alleging violation by board of county commissioners.
1-25-7 Consideration by commission of complaint or written submissions alleging chapter violation--Findings--Public censure.
1-25-8 Open Meeting Commission--Appointment of members--Chair.
1-25-9 Limitations on participation by commission members.
1-25-10 State Investment Council may discuss certain matters in executive session.
1-25-11 Recording of open official meeting to be permitted.
1-25-12 Definitions.
1-25A-1
Purchase of advertising time permitted for public announcements.
1-25A-2
Broadcast not equivalent of legal notice.
CHAPTER 1-26
ADMINISTRATIVE PROCEDURE AND RULES
1-26-1 Definition of terms.
1-26-1.1 Interim Rules Review Committee created--Composition--Appointments--Terms of office--Vacancies.
1-26-1.2 Chair of rules review committee--Schedule of meetings--Compensation of members--Secretary.
1-26-1.3 Delegation of duties by director.
1-26-2 Agency materials available for public inspection--Derogatory materials.
1-26-2.1 Small business impact statements--Content.
1-26-2.2 1-26-2.2. Repealed by SL 2006, ch 7, § 1.
1-26-2.3 Housing cost impact statement--Content.
1-26-3 1-26-3. Repealed by SL 1972, ch 8, § 36.
1-26-4 Permanent rulemaking procedure--Notice, filings, service, and hearing--Extension--Waiver.
1-26-4.1 Notice of hearing on proposed rule--Contents--Publication--Mailing.
1-26-4.2 Fiscal note submitted with proposed rule--Fiscal note of bureau--Transmitting copies.
1-26-4.3 Rule review by Interim Rules Review Committee before filing--Time limits.
1-26-4.4 Time for promulgation of rules after passage of legislative authority.
1-26-4.5 Validation of prior notices of hearings--Limitation on enforcement of vested rights affected.
1-26-4.6 Notices of intent to adopt emergency rules validated--Time for enforcing rights by reason of error in notice--Recordation of notice prerequisite to suit under § 1-26-4.1.
1-26-4.7 Reversion to step in adoption procedure.
1-26-4.8 Fee increase in proposed rule--Agency financial resource information--Submission to review committee.
1-26-4.9 Authority of Interim Rules Review Committee.
1-26-4.10 Resubmission of amended rule to review committee--Hearing not required.
1-26-5 Notice of proposed emergency rule--Service--Use of emergency rule adoption procedure.
1-26-5.1 Temporary suspension by emergency rule--Reversion of amended rule to original form.
1-26-5.2 1-26-5.2. Repealed by SL 1979, ch 8, § 2.
1-26-6 Completion of adoption of rule or change in rules.
1-26-6.1 Restriction on incorporation of statutory material.
1-26-6.2 Uniform style for rules--Required contents.
1-26-6.3 Notice that rules do not conform--Redrafting and filing required.
1-26-6.4 1-26-6.4. Repealed by SL 1975, ch 16, § 25.
1-26-6.5 Review by director--Notice to agency of need for change.
1-26-6.6 Incorporation by reference to generally available materials--Description--Reference note--Identification of agency and rule.
1-26-6.7 Procedure for amendment, suspension or repeal of rules.
1-26-6.8 Rules unenforceable until properly adopted.
1-26-6.9 Licensing board or commission fees--Criteria and limitation.
1-26-6.10 Restriction of licensee's right or privilege to carry or possess pistol prohibited.
1-26-7 Records retained--Copies--Public inspection of current rules.
1-26-7.1 Agency's statement of reasons for adoption or rejection of rule.
1-26-8 Effective date of rules--Emergency rules.
1-26-8.1 Retroactive effect of acts prohibiting certain rules--Repealed or unconstitutional statutes--Effect of transfer of rule-making authority to another agency.
1-26-8.2 Petition for delay in effective date of rule--Grant or denial--Maximum delay--Filings--One delay--Repeal of rule.
1-26-8.3 Retroactive effect of rule--Burden of proving authority or necessity.
1-26-9 1-26-9. Transferred to § 1-26A-1.
1-26-10 1-26-10. Repealed by SL 1972, ch 8, § 36.
1-26-11 Pamphlet publication of rules--Supervision.
1-26-12 Distribution and sale of publications and copies of rules.
1-26-12.1 List of rules and organizational statements.
1-26-13 Petition for rules--Denial or initiation of proceedings--Copies to Interim Rules Committee and director.
1-26-13.1 Service complete when deposited in mail.
1-26-14 Declaratory judgment on rules.
1-26-15 Declaratory rulings by agencies.
1-26-16 Notice and hearing required in contested cases.
1-26-16.1 1-26-16.1. Repealed by SL 1983, ch 7.
1-26-17 Contents of notice in contested cases.
1-26-17.1 Intervention in contested case by person with pecuniary interests.
1-26-18 Rights of parties at hearings on contested cases--Summary disposition of certain cases.
1-26-18.1 1-26-18.1, 1-26-18.2. Repealed by SL 1995, ch 8, §§ 14, 15.
1-26-18.3 Request to use Office of Hearing Examiners in certain contested cases.
1-26-19 Rules of evidence in contested cases.
1-26-19.1 Administration of oaths--Subpoena powers--Witness fees--Disobedience of subpoena.
1-26-19.2 Depositions of witnesses.
1-26-20 Agreed disposition of contested cases.
1-26-21 Contents of record in contested cases.
1-26-22 Transcript in contested cases--Minutes in lieu of transcript.
1-26-23 Basis for findings in contested cases.
1-26-24 Tentative or proposed decision served on parties--Contents--Waiver.
1-26-25 Form, contents and notice of decisions, orders and findings.
1-26-26 Ex parte communications by agency personnel in contested cases--Investigating officer disqualified from decision making--Authorized communications.
1-26-27 License proceeding treated as contested case.
1-26-28 Extension of existing license or right to continue activity extended during renewal or licensing proceedings and for ten days following notice of determination.
1-26-29 Notice and hearing required for revocation or suspension of license--Emergency suspension.
1-26-29.1 Costs of disciplinary hearing.
1-26-30 Right to judicial review of contested cases--Preliminary agency actions.
1-26-30.1 Right of appeal when agency fails to act in contested case.
1-26-30.2 Appeal from final action in contested case.
1-26-30.3 Conduct of appeals.
1-26-30.4 Scope of sections on appeals to circuit courts.
1-26-30.5 Suspension of sections on appeals to circuit courts.
1-26-31 Notice of appeal--Time for service and filing.
1-26-31.1 Venue of appeal--Appeals from single action.
1-26-31.2 Contents of notice of appeal.
1-26-31.3 Change of venue.
1-26-31.4 Contested cases--Statement of issues on appeal.
1-26-32 When agency decision in contested case becomes effective--Application for stay pending appeal--Time--Granting of further stay--Security or other supervision--Inapplicability to determinations of benefits under Title 61.
1-26-32.1 Procedural rules applied.
1-26-32.2 Request for transcript--Waiver by failure to request.
1-26-32.3 Costs of transcript--Endorsement of order by reporter--Extension of time for transcript.
1-26-32.4 Form of transcript--Number of copies--Certification.
1-26-33 Record transmitted to circuit court--Limitation of record--Corrections and additions.
1-26-33.1 1-26-33.1. Transferred to § 1-26-33.6.
1-26-33.2 Time for serving briefs.
1-26-33.3 Brief of appellant--Contents.
1-26-33.4 Brief of appellee--Contents.
1-26-33.5 1-26-33.5. Repealed by SL 1996, ch 158, § 44.
1-26-33.6 Speedy hearing and determination.
1-26-34 Circuit court may order agency to take additional evidence.
1-26-35 Nonjury review in circuit court--Proof of irregularities--Oral argument discretionary.
1-26-36 Weight given to agency findings--Disposition of case--Grounds for reversal or modification--Findings and conclusions--Costs.
1-26-36.1 Appellee's right to obtain review.
1-26-37 Appeal to Supreme Court.
1-26-38 Suspension of provisional rules by interim committee--Hearing on suspension--Filing and duration of suspension.
1-26-38.1 Amendment as provisional--Subject to suspension--Effect.
1-26-39 1-26-39. Repealed by SL 1972, ch 8, § 36.
1-26-40 Severability of provisions.
1-26-41 Citation of chapter.
CHAPTER 1-26A
PUBLICATION OF ADMINISTRATIVE RULES
1-26A-1 Administrative Rules to be published by Legislative Research Council--Editorial authority--Publication of Register--Notices of hearings on rules.
1-26A-1.1 Repealed by SL 2012, ch 8, §§ 7 to 19.
1-26A-2 Official rules of all executive agencies.
1-26A-3 Time limit for challenging rule on procedural grounds.
1-26A-4 Repealed by SL 2012, ch 8, §§ 20, 21.
1-26A-6 Secretary of state to keep copy of rules--Certified copies.
1-26A-7 Official name--Citation.
1-26A-8 Distribution of publications to agencies, officials, and others.
1-26A-9 References to Administrative Rules.
1-26A-10 Definitions applicable to rules.
1-26B-1
Definition of terms.
1-26B-2
Designation of agency for review and evaluation of rules and rule-making authority.
1-26B-3
Repealed.
1-26B-4
Submission of proposed revisions to interim committee--Areas in which authority
necessary--Notice before review begins.
1-26B-5
Hearings during sunset procedure.
1-26B-6
Burden of proof as to agency proposals--Information furnished by agencies.
1-26B-7
Factors considered by committees in reviewing agency rules.
1-26B-8
Information furnished by Department of Legislative Audit.
1-26B-9
Committee reports.
1-26B-10
Bills containing committee recommendations as to rules changes--Bills defining
authority.
1-26B-11
Repealed.
1-26B-12
Pending causes of action unaffected by termination of rules.
1-26D-1
Creation of Office of Hearing Examiners.
1-26D-2
Appointment of chief hearing examiner.
1-26D-3
Appointment of hearing examiners.
1-26D-4
Powers of hearing examiners.
1-26D-5
Adoption of rules for operation and procedure--Specific rules for Digital Dakota
Network.
1-26D-6
Proposed findings, conclusions, and decision--Agency action--Appeal.
1-26D-7
Rules on finality of decision--Notice.
1-26D-8
Review of proposed findings or decision--Written reasons for rejecting or modifying
findings or decision.
1-26D-9
Final decision--Remand.
1-26D-10
Request for appointment of another hearing examiner in contested cases.
1-26D-11
Contract with agencies for hearings on case-by-case basis--Power of hearing
examiner--Billing for services rendered.
1-26D-12
Validity of prior rules, actions, decisions or proceedings unaffected
CHAPTER 1-27
PUBLIC RECORDS AND FILES
1-27-1 Public records open to inspection and copying.
1-27-1.1 Public records defined.
1-27-1.2 Fees for specialized service.
1-27-1.3 Liberal construction of public access to public records law--Certain criminal investigation and contract negotiation records exempt.
1-27-1.4 Denial letters to be kept on file.
1-27-1.5 Certain records not open to inspection and copying.
1-27-1.6 Certain financial, commercial, and proprietary information exempt from disclosure.
1-27-1.7 Certain drafts, notes, and memoranda exempt from disclosure.
1-27-1.8 Certain records relevant to court actions exempt from disclosure.
1-27-1.9 Documents or communications used for decisional process arising from person's official duties not subject to compulsory disclosure.
1-27-1.10 Redaction of certain information.
1-27-1.11 Subscription or license holder list of Department of Game, Fish and Parks and certain insurance applicant and policyholder information available for fee--Resale or redistribution prohibited--Misdemeanor.
1-27-1.12 Chapter inapplicable to Unified Judicial System.
1-27-1.13 Certain records not available to inmates.
1-27-1.14 Redaction of records in office of register of deeds not required.
1-27-1.15 Immunity for good faith denial or provision of record.
1-27-1.16 Material relating to open meeting agenda item to be available--Exceptions--Violation as misdemeanor.
1-27-1.17 Draft minutes of public meeting to be available--Exceptions--Violation as misdemeanor.
1-27-1.18 Recommendations, findings, and reports of appointed working groups to be reported in open meeting--Action by governing body.
1-27-1.19 Public access to records of former Governors and lieutenant governors.
1-27-1.20 Exempt records to be opened upon death or ten years after leaving office.
1-27-1.21 Right of former Governor and lieutenant governor to approve or deny release of exempt records.
1-27-1.22 Agreement for transfer of records to suitable repository.
1-27-1.23 Settlement agreements to be public records--Redaction of victim information--Temporary confidentiality for ongoing litigation.
1-27-2 1-27-2. Repealed by SL 1977, ch 16, § 3
1-27-3 Records declared confidential or secret.
1-27-4 Format of open record.
1-27-4.1 Format of written contracts--Storage with records retention officer or designee--Duration.
1-27-4.2 Availability of contract through internet website or database.
1-27-5 1-27-5. Repealed by SL 1970, ch 10, § 1
1-27-6 1-27-6 to 1-27-8. Repealed by SL 2009, ch 10, §§ 11 to 13.
1-27-9 Records management programs--Definition of terms.
1-27-10 Records as property of state--Damage or disposal only as authorized by law.
1-27-11 Board to supervise destruction of records--State records manager as ex officio member--Permission required for destruction.
1-27-11.1 Direction and supervision of board by Bureau of Human Resources and Administration--Independent functions retained.
1-27-12 State records management program to be established.
1-27-12.1 Records management internal service fund.
1-27-13 Records management procedures proposed by state agencies.
1-27-14 Obsolete records listed by state agencies.
1-27-14.1 Transfer of records by outgoing agency heads--Terminated agency records.
1-27-14.2 Transfer of jeopardized nonessential agency material to state archivist.
1-27-14.3 Title to transferred records pending formal transfer.
1-27-15 Destruction of nonrecord materials.
1-27-16 Rules, standards, and procedures.
1-27-17 Legislative and judicial records management programs.
1-27-18 Local records management programs.
1-27-19 Annual meeting to authorize destruction of political subdivision records--Record of disposition.
1-27-20 Common language used in public documents, records, and meetings--Official indigenous language.
1-27-21 Public document or record defined--Public meeting.
1-27-22 Application of English as common language requirement.
1-27-23 1-27-23. Repealed by SL 2016, ch 13, § 2.
1-27-24 Effect of common language requirement on state employment.
1-27-25 Common language requirements not applicable to private activities.
1-27-26 1-27-26. Repealed by SL 2016, ch 13, § 3.
1-27-27 Requesting information or data from a state agency.
1-27-28 Definition of terms.
1-27-29 Disclosure of information concerning private entity restricted.
1-27-30 Confidentiality of proprietary or trade information of private entity.
1-27-31 Circumstances allowing for disclosure of information concerning private entity.
1-27-32 Disclosure of confidential information as misdemeanor.
1-27-33 Specific public access or confidentiality provisions not superseded by chapter provisions.
1-27-34 Unified Judicial System and Public Utilities Commission exempt from certain records procedures.
1-27-35 Informal requests for disclosure of records--Costs of retrieval or reproduction.
1-27-36 Estimate of retrieval and reproduction cost--Waiver or reduction of fee.
1-27-37 Written request for disclosure of records.
1-27-38 Civil action or administrative review of denial of written request or estimate of fees.
1-27-39 Response to notice of review.
1-27-40 Findings and decision of Office of Hearing Examiners.
1-27-40.1 Time for compliance with decision or appeal.
1-27-40.2 Costs, disbursements, and civil penalty for unreasonable, bad faith denial of access.
1-27-41 Appeal.
1-27-42 Public record officer for the state, county, municipality, township, school district, special district, or other entity.
1-27-43 Form of notice of review--Office of Hearing Examiners' notice.
1-27-44 Restriction on internet use of social security numbers by state agencies and political subdivisions.
1-27-45 Searchable internet website for posting and access of public records and financial information.
1-27-46 Contracts to be displayed on searchable internet website.
1-27-47 Affordability of public access to electronic records database.
1-27-48 Documentation regarding information stored in electronic records system.
1-29-1
Proclamation moving capital under emergency conditions--Legislative action or
return to Pierre.
1-29-2
Validity of official acts at emergency capital.
1-29-3
Supremacy of chapter over conflicting law.
1-30-1
Legislative findings and policy.
1-30-2
Definition of terms.
1-30-3
Designation by state officers of emergency interim successors.
1-30-4
Exercise of powers by emergency successor to state office--Termination of powers.
1-30-5
Local resolutions and ordinances for emergency interim succession.
1-30-6
Designation by local officers of emergency interim successors.
1-30-7
Exercise of powers by emergency successor to local office--Termination of powers.
1-30-8
Oath of office taken at time of designation--Formal qualification waived for
emergency successors.
1-30-9
Enemy attack required for exercise of powers by emergency successors--Legislative
termination of powers.
1-30-10
Removal of designees.
1-30-11
Adjudication of disputes.
1-30-12
Short title.
CHAPTER 1-32
EXECUTIVE REORGANIZATION--GENERAL PROVISIONS AND DEFINITIONS
1-32-1 Definition of terms.
1-32-2 Principal departments established.
1-32-3 Appointment and tenure of department heads.
1-32-3.1 Transferred to § 1-39-2.1.
1-32-4 Changes in organization or functions within departments.
1-32-4.1 Authority to create advisory councils, committees, boards, or commissions--Governor's approval required--Filing--Compensation.
1-32-4.2 Request to Governor--Contents.
1-32-4.3 Creation without Governor's approval when required for federal funds--Filing with secretary of state.
1-32-4.4 Maximum duration of federally required agency--Extensions.
1-32-4.5 Internal councils and committees not prohibited.
1-32-5 Secretary's access to records within department--Restrictions on disclosure.
1-32-6 Appointment and removal of division directors--Qualifications for positions.
1-32-6.1 1-32-6.1. Repealed by SL 1976, ch 16, § 2.
1-32-7 Interdepartmental transfers of health and consumer protection functions--Approval by Governor and filing.
1-32-8 Assistant attorneys general as employees of attorney general's office.
1-32-9 Interim allocation of functions and resources--Recommendations to Legislature.
1-32-10 Repeals and amendments not implied.
1-32-11 1-32-11. Repealed by SL 1975, ch 16, § 25.
1-32-12 Employees' rights preserved.
1-32-13 Bondholders' and contractual rights preserved.
1-32-14 Pending proceedings continued.
1-32-15 Changes to meet federal requirements.
1-32-16 Severability of provisions.
CHAPTER 1-33
DEPARTMENT OF EXECUTIVE MANAGEMENT
1-33-1 Department continued.
1-33-2 Governor as head of office.
1-33-3 Bureaus and other agencies constituting department.
1-33-4 Appointment of bureau heads--Titles.
1-33-5 Repealed by SL 2012, ch 23, §§ 2, 3.
1-33-7 Annual report and recommendations by finance commissioner on building authorities.
1-33-8.1 Bureau of Human Resources and Administration--Administrative functions--Board and commission.
1-33-8.2 Repealed.
1-33-8.3 Bureau of Human Resources and Administration--Financing.
1-33-8.4 Bureau of Human Resources and Administration--Commissioner--Duties--Oath.
1-33-8.5 Bureau of Human Resources and Administration--Commissioner--Qualification.
1-33-8.6 Commissioner of Human Resources and Administration--Member of Board of Finance.
1-33-8.7 Commissioner of Human Resources and Administration--Accounting of contracts--Uniform costs.
1-33-8.8 Commissioner of Human Resources and Administration--Local government service contracts limiting remedies.
1-33-8.9 Commissioner of Human Resources and Administration--Cooperation with other agencies and public corporations.
1-33-8.10 Bureau of Human Resources and Administration--Contracts with political subdivisions--Appropriation.
1-33-8.11 Extraordinary litigation fund--Continuous appropriation--Sovereign immunity--Life protection subfund.
1-33-8.12 Central mail service fund--Apportionment of expenses.
1-33-8.13 Central office supply program--Supply internal service fund.
1-33-9 Bureau of Human Resources and Administration--Duties.
1-33-9.1 Bureau of Human Resources and Administration continued.
1-33-10 Repealed.
1-33-10.1 Bureau of Human Resources and Administration student internships.
1-33-11 Repealed by SL 2012, ch 23, §§ 6 to 8.
1-33-14 1-33-14. Repealed by SL 1984, ch 207, § 8.
1-33-15 1-33-15. Transferred to § 1-52-3.1 by SL 2005, ch 10, § 10.
1-33-16 1-33-16 to 1-33-17. Repealed by SL 2005, ch 10, §§ 11 to 13.
1-33-18 1-33-18 to 1-33-19.1. Transferred to §§ 1-52-3.2 to 1-52-3.4 by SL 2005, ch 10, §§ 14 to 16.
1-33-19.2 1-33-19.2. Transferred to § 1-52-13 by SL 2009, ch 1, § 120.
1-33-20.1 1-33-20.1. Repealed by SL 2005, ch 10, § 19.
1-33-21 Community development block grant program transferred to Governor's Office of Economic Development.
1-33-22 1-33-22. Transferred to § 1-52-3.5 by SL 2005, ch 10, §§ 21, 43.
1-33-23 1-33-23. Repealed by SL 2005, ch 10, § 22.
1-33-24 1-33-24, 1-33-25. Repealed by SL 1992, ch 13, §§ 1, 2.
1-33-26 Creation of Office of Digital Dakota Network--Purposes--Policies and rules.
1-33-27 1-33-27 to 1-33-29. Repealed by SL 2005, ch 16, §§ 8 to 10.
1-33-30 Responsibilities of commissioner--Network use and programming.
1-33-31 Bureau authorized to contract for expert assistance.
1-33-32 Bureau to submit budgets and proposals to Governor.
1-33-33 Acceptance and expenditure of funds.
1-33-34 1-33-34. Repealed by SL 2013, ch 13, § 1.
1-33-35 Operation of network by Bureau of Information and Telecommunications.
1-33-36 Adoption of rules for Digital Dakota Network.
1-33-37 Bureau of Information and Telecommunications created.
1-33-38 Commissioner of Bureau of Information and Telecommunications--Powers and duties of bureau.
1-33-39 Appointment of commissioner of Bureau of Information and Telecommunications.
1-33-40 Determining divisions within the Bureau of Information and Telecommunications.
1-33-41 Bureau of Information and Telecommunications authorized to contract with other state agencies.
1-33-42 Definitions.
1-33-43 Functions of Bureau of Information and Telecommunications.
1-33-44 Installation of data processing, telecommunication, and office equipment--Approval of requests.
1-33-45 Service agency for data processing--Agreements with political subdivisions.
1-33-46 Board of Regents--Joint exercise of power.
1-33-47 Expenditures of appropriated moneys by board to acquire equipment--Deposit in fund.
1-33-48 Commissioner allowed to enter into agreements to acquire equipment.
1-33-49 Rules and regulations by commissioner of information and telecommunications--Administrative charges for contractual services.
1-33-50 Internal service fund for data processing--Use of revenues--Maximum operating balance.
1-33-51 Service agency financed by internal service fund--Fee schedule.
1-33-52 1-33-52. Repealed by SL 2013, ch 13, § 2.
1-33-53 Contracts with leasing companies for purchase and lease of data processing equipment.
1-33-54 Data processing service and maintenance contracts--Limitation of remedies.
1-33-55 Charges for early termination of data processing equipment contracts--Maximum payable without legislative appropriation.
1-33-56 1-33-56. Repealed by SL 2013, ch 13, § 3.
1-33-57 Functions, authorities, and positions of the Office of Educational Telecommunications transferred.
1-33-58 Commissioner of Bureau of Information and Telecommunications to perform functions of secretary of former Department of Education and Cultural Affairs.
1-33-59 Functions, authorities, and positions of Office of Digital Dakota Network transferred.
1-33-60 1-33-60. Repealed by SL 1995, ch 322 (Ex Ord 95-6), §§ 17, 18.
1-33-61 Educational Telecommunications Board of Directors continued.
1-33-62 1-33-62. Repealed by SL 1995, ch 322 (Ex Ord 95-6), § 19.
1-33-63 Background investigation of information technology employees and contractors.
1-33-64 Bureau of Information and Telecommunications--Administrative charges for IT services--Promulgation of rules.
1-33-65 Data processing, office systems, and telecommunications--Costs in contract.
CHAPTER 1-33B
ENERGY PERFORMANCE CONTRACTS
1-33B-1 Definition of terms.
1-33B-2 Energy conservation measure defined--Inclusions--Limitation.
1-33B-3 Request for proposal defined.
1-33B-3.1 Guaranteed cost savings defined.
1-33B-3.2 Investment-grade energy audit defined.
1-33B-3.3 Measurement and verification defined.
1-33B-3.4 Notice inviting qualified energy service providers to submit qualifications and proposals for energy performance contract.
1-33B-3.5 Evaluation of qualifications and proposals.
1-33B-3.6 Contract negotiation.
1-33B-3.7 Preparation of investment-grade energy audit.
1-33B-3.8 Contents of investment-grade energy audit.
1-33B-3.9 Costs of the investment-grade energy audit.
1-33B-3.10 Funds for payment of energy performance contract.
1-33B-3.11 Reduction in amount of financing--Contract term--Measurement and verification report.
1-33B-3.12 Costs for measurement and verification.
1-33B-3.13 Annual guaranteed cost savings--Shortfall.
1-33B-4 1-33B-4. Repealed by SL 2016, ch 14, § 16.
1-33B-4.1 Loans, leases, or grants to municipality or county--Agreement upon terms and conditions.
1-33B-5 Copy of evaluation and proposed contract forwarded to Governor's Office of Economic Development.
1-33B-6 Proposed improvements to state-owned buildings--Review by Bureau of Human Resources and Administration.
1-33B-7 1-33B-7. Repealed by SL 2016, ch 14, § 18.
1-33B-8 Written guarantee--Bond--Payment period not to exceed fifteen years.
1-33B-9 Contracts not subject to chapter 5-18A.
1-33B-10 Documentation of guaranteed savings--Deficiency paid by qualified provider.
1-33B-11 Executory contract clause--Liability of governmental unit.
1-33B-12 Continuance of contract--Payments.
1-33B-13 Termination of contract--Notice--Return of equipment or improvement.
1-33B-14 Functions of Governor's Office of Economic Development.
1-33B-15 Promulgation of rules.
1-33B-16 Powers of Governor's Office of Economic Development.
1-33B-17 Establishment of accounts from which loans to be made--Petroleum violation escrow fund--Legislative approval.
1-33B-18 Energy conservation loan special revenue fund established--Purposes--Continuous appropriation.
1-33B-19 Loans, leases or grants to municipality or county--Agreement upon terms and conditions.
1-33B-20 Loans for analysis and installation of energy conservation measures.
1-33B-21 Foreclosure to protect loans.
1-33B-22 Disbursements from energy conservation special revenue fund.
1-33B-23 Parties to whom loans authorized.
1-33B-24 Acquisition, lease, and sale of energy saving equipment.
1-33B-25 Acceptance of aid or contributions.
1-33B-26 Transfer of functions, responsibility, and authority of former Office of Energy Policy.
1-33B-27 School district authorized to deposit proceeds related to energy savings contract into certain funds--Repayment from certain funds.
CHAPTER 1-36
DEPARTMENT OF SOCIAL SERVICES
1-36-1 Department continued.
1-36-2 Secretary as head of department.
1-36-3 Board of Social Services--Appointment and terms of members.
1-36-4 Officers of board--Functions--Meetings.
1-36-5.1 Divisions of social welfare, mental health and mental retardation, and human development abolished--Agencies and programs constituting department.
1-36-6.1 Performance of functions of former director of social welfare and former director of human development.
1-36-7.1 Performance of functions of former Division of Social Welfare.
1-36-7.2 Performance of functions of former Division of Human Development and former Office of Community Services and supervisor of office of community services.
1-36-7.3 1-36-7.3. Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), § 105, eff. Apr. 12, 2011.
1-36-7.4 Performance of administrative functions for commission on status of women.
1-36-8 1-36-8 to 1-36-10. Repealed by SL 1977, ch 226, § 26.
1-36-12 1-36-12. Repealed by SL 1980, ch 26, § 11.
1-36-14 1-36-14. Repealed by SL 1980, ch 26, § 12.
1-36-17 1-36-17, 1-36-18. Repealed by SL 1977, ch 198, § 22.
1-36-18.1 1-36-18.1. Superseded.
1-36-19 1-36-19. Repealed by SL 1977, ch 198, § 22.
1-36-20 Secretary may adopt federally mandated rules--Procedure--Effective date.
1-36-21 Contracts for care of persons subject to or receiving institutional treatment in another state or federal government--Return to sending state or federal government.
1-36-22 Compensation for such support--Disposition of funds.
1-36-23 Transfer of institutional residents--Payment of expenses.
1-36-24 Contracts with federal government for care of persons--Compensation.
1-36-25 Promulgation of rules.
1-36-26 1-36-26. Repealed by SL 2016, ch 15, § 2.
1-36-27 Human Services Center transferred.
1-36-28 Division of Mental Health transferred.
1-36-29 Board of Social Work Examiners transferred.
1-36-30 Board of Examiners of Psychologists transferred.
1-36-31 1-36-31 to 1-36-34. Repealed by SL 2016, ch 15, §§ 3 to 6.
1-36-35 Repealed.
1-36-36 Criminal background investigation of new employees--Temporary employment--Fees.
1-36-37 Statewide centralized resource information system.
1-36-38 Indian Child Welfare Advisory Council--Purpose--Members--Terms.
1-36-39 Indian Child Welfare Advisory Council--Meetings--Chair.
CHAPTER 1-36A
DEPARTMENT OF HUMAN SERVICES
1-36A-1 1-36A-1. Repealed by SL 1989, ch 21, § 29.
1-36A-1.1 Department created.
1-36A-1.2 Secretary as head of department.
1-36A-1.3 Agencies constituting department.
1-36A-1.4 1-36A-1.4. Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), § 101, eff. Apr. 12, 2011.
1-36A-1.5 Boards and advisory councils transferred to department.
1-36A-1.6 Appointment and removal of division directors.
1-36A-1.7 Repealed by SL 2012, ch 13, §§ 1 to 4.
1-36A-1.11 Department authorized to make certain contracts.
1-36A-1.12 1-36A-1.12 to 1-36A-1.15. Transferred to §§ 1-36-21 to 1-36-24.
1-36A-1.16 Department acceptance and control of funds on behalf of state institutions.
1-36A-1.17 Condemnation of private property authorized--Private property defined--Procedure.
1-36A-1.18 Purchase of fire insurance pending completion of buildings.
1-36A-1.19 Disposition of temporary buildings--Evaluation by Bureau of Human Resources and Administration.
1-36A-1.20 Authority to use institutional personnel or inmates for certain projects.
1-36A-1.21 Secretary to prescribe management of institutions and manner of accounting.
1-36A-1.22 Promulgation of rules for discipline and order of institutions and management.
1-36A-1.23 Disbursements accruing to and for benefit of patients.
1-36A-1.24 Examination of institutions--Secretary to have free access.
1-36A-1.25 Legal investigation or action by attorney general--Procedure.
1-36A-1.26 1-36A-1.26. Transferred to § 1-36-25.
1-36A-2 1-36A-2. Repealed by SL 1989, ch 21, § 30.
1-36A-3 Division of Rehabilitation Services--Division of Service to the Blind and Visually Impaired.
1-36A-3.1 1-36A-3.1 to 1-36A-3.3. Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), §§ 106 to 108, eff. Apr. 12, 2011.
1-36A-4 Appointment of division directors.
1-36A-5 Board of Vocational Rehabilitation created.
1-36A-6 Repealed by SL 2012, ch 13, § 12.
1-36A-7 Performance of functions of certain former agencies.
1-36A-8 Repealed by SL 2012, ch 14, § 1.
1-36A-9 1-36A-9. Repealed by SL 1990, ch 213, § 4.
1-36A-10 Repealed by SL 2012, ch 14, § 2.
1-36A-10.1 Registration of certified interpreters--Annual renewal--Fees.
1-36A-10.2 Interpreting defined.
1-36A-10.3 Certification and registration required for interpreters receiving remuneration--Violation as misdemeanor.
1-36A-10.4 Provisional certification.
1-36A-10.5 Registered interpreters for the deaf--Certification--Promulgation of rules.
1-36A-10.6 Exception for interpreting during religious service.
1-36A-11 Registry of certified interpreters.
1-36A-12 Promulgation of rules concerning interpreters.
1-36A-13 Fund for registration of interpreters for the deaf.
1-36A-14 Expenditure of surplus funds.
1-36A-15 Fees for provisional certification and registration.
1-36A-16 Certain practices not prohibited.
1-36A-17 1-36A-17. Repealed by SL 2000, ch 8.
1-36A-18 Establishment of interpreter mentoring program for interpreters for the deaf.
1-36A-19 1-36A-19. Repealed by SL 2006, ch 6, § 13.
1-36A-20 1-36A-20 to 1-36A-24. Repealed by SL 2012, ch 23, § 10.
1-36A-25 Program for adults and elderly--Establishment--Purposes.
1-36A-26 Promulgation of rules regarding services for adults and elderly.
1-36A-27 Records required--Improper use of names or information concerning persons applying for assistance.
1-36A-28 Use of information--Publication of names of applicants and recipients prohibited.
1-36A-29 Release of confidential information by written waiver-Exception.
1-36A-29.1 Records confidential--Exceptions.
1-36A-29.2 Disclosure of information--Status of referral.
1-36A-30 Retaliation against ombudsman program complainant or interference with program as misdemeanor.
1-37-1
Department of Labor and Regulation created--Secretary as head.
1-37-2
Department of Labor functions and duties transferred.
1-37-3
Administration of Titles 60, 61, and 62.
1-37-4
Administrative functions performed for advisory councils.
1-37-5
Repealed.
1-37-6
Division of Human Rights transferred--Commission on Human Rights transferred.
1-37-6.1
Director of human rights as head of division_Appointment and removal.
1-37-6.2
Administrative functions performed for Commission of Human Rights.
1-37-7
Repealed.
1-37-8
Board of Technical Professions transferred.
1-37-9
Electrical Commission transferred.
1-37-10
Plumbing Commission transferred.
1-37-11
Board of Accountancy transferred.
1-37-12
Board of Barber Examiners transferred.
1-37-13
Cosmetology Commission transferred.
1-37-14
Division of Banking transferred.
1-37-15
South Dakota State Banking Commission transferred.
1-37-16
Repealed.
1-37-17
Division of Insurance transferred.
1-37-18
Real Estate Commission transferred.
1-37-19
Abstractors Board of Examiners transferred.
1-37-20
Appraiser Certification Program transferred.
1-37-21
Administrative functions performed for subordinate divisions.
1-39-1
Department continued.
1-39-2
Secretary as head of department.
1-39-2.1
Nomination of persons for position of secretary of game, fish and parks.
1-39-3
Qualifications of secretary.
1-39-4
Agencies constituting department.
1-39-5
Functions of department.
CHAPTER 1-40
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES [REPEALED AND TRANSFERRED]
1-40-1 Repealed.
1-40-2 Repealed.
1-40-3 Transferred to § 1-41-2.1.
1-40-4 Transferred to § 1-41-3.3.
1-40-4.1 Transferred to § 1-41-3.4.
1-40-5 Transferred to § 1-41-11.
1-40-6 Transferred to § 1-41-11.1.
1-40-7 Transferred to § 1-41-12.
1-40-7.1 Transferred to § 1-41-12.1.
1-40-9 Transferred to § 1-41-13.
1-40-10 Transferred to § 1-41-13.1.
1-40-11 Transferred to § 1-41-14.
1-40-12 Transferred to § 1-41-14.1.
1-40-13 Repealed.
1-40-15 Transferred to § 1-41-15.
1-40-16 Transferred to § 1-41-15.1.
1-40-17 Transferred to § 1-41-15.2.
1-40-18 Transferred to § 1-41-15.3.
1-40-19 Transferred to § 1-41-15.4.
1-40-20 Transferred to § 1-41-15.5.
1-40-20.1 Transferred to § 1-41-11.2.
1-40-21 Repealed.
1-40-22 Transferred to § 1-41-16.
1-40-23 Transferred to § 1-41-17.
1-40-24 Transferred to § 1-41-18.
1-40-25 Transferred to § 1-41-19.
1-40-25.1 Transferred to § 1-41-19.1.
1-40-26 Transferred to § 1-41-19.2.
1-40-27 Transferred to § 1-41-20.
1-40-28 Transferred to § 1-41-21.
1-40-29 Transferred to § 1-41-22.
1-40-30 Transferred to § 1-41-23.
1-40-31 Transferred to § 1-41-24.
1-40-32 Transferred to § 1-41-23.1.
1-40-33 Transferred to § 1-41-25.
1-40-34 Transferred to § 1-41-25.1.
1-40-35 Transferred to § 1-41-25.2.
1-40-36 Transferred to § 1-41-25.3.
1-40-37 Transferred to § 1-41-25.4.
1-40-38 Transferred to § 1-41-26.
1-40-39 Transferred to § 1-41-27.
1-40-40 Transferred to § 1-41-28.
1-40-41 Transferred to § 1-41-28.1.
1-40-42 Repealed by SL 2012, ch 215, § 29.
1-40-43 Repealed.
1-40-44 Repealed.
CHAPTER 1-41
DEPARTMENT OF AGRICULTURE AND NATURAL RESOURCES
1-41-1 Department continued.
1-41-2 Secretary as head of department.
1-41-2.1 Qualifications of secretary.
1-41-3 1-41-3. Repealed by SL 2004, ch 26, § 1.
1-41-3.1 Functions of Division of Forestry within Department of Game, Fish and Parks transferred to Department of Agriculture and Natural Resources.
1-41-3.2 Office of agricultural and natural resources policy created--Responsibilities.
1-41-3.3 Divisions constituting department.
1-41-3.4 Limitation on stringency of certain rules.
1-41-4 Performance of functions of former department.
1-41-4.1 Performance of functions of abolished agencies.
1-41-5 Boards and commissions--Administrative functions performed by department--Nomination of officers.
1-41-6 1-41-6. Repealed by SL 2013, ch 191, § 1.
1-41-6.1 State Conservation Commission--Organization.
1-41-7 1-41-7. Repealed by SL 1974, ch 6, § 10.
1-41-9 Repealed.
1-41-10 Repealed.
1-41-11 Board of Water and Natural Resources created--Functions--Appointment and terms of members.
1-41-11.1 Officers of board--Quorum--Removal of members.
1-41-11.2 Water Management Board--Transfer of certain functions to Board of Water and Natural Resources.
1-41-12 State geologist--Duties.
1-41-12.1 Performance of functions of state geologist relating to oil and gas conservation.
1-41-13 Performance of administrative functions of conservancy district board.
1-41-13.1 Performance of nonadministrative functions of conservancy district board.
1-41-14 Performance of administrative development functions of Water Resources Commission.
1-41-14.1 Performance of nonadministrative development functions of former Water Resources Commission.
1-41-15 Water Management Board created--Appointment and terms of members.
1-41-15.1 Qualifications of Water Management Board members.
1-41-15.2 Quorum of Water Management Board.
1-41-15.3 Officers of Water Management Board--Meetings.
1-41-15.4 Functions of Water Management Board.
1-41-15.5 Water pollution control powers.
1-41-16 Environmental protection functions of department and secretary.
1-41-17 Water quality and hygiene functions.
1-41-18 Transfer of functions relating to air quality and solid waste, radiation monitoring, mineral exploration, and control of hazardous materials and wastes.
1-41-19 Board of Minerals and Environment--Composition--Appointment and terms of members.
1-41-19.1 Board of Minerals and Environment composed in conformance with Clean Air Act.
1-41-19.2 Officers of Board of Minerals and Environment--Quorum--Meetings.
1-41-20 Rejection of applications for certain environmental protection, mining, oil, and gas permits.
1-41-21 Registration for individual permits required by holders of certain general permits.
1-41-22 Report required following the issuance of uncontested permits.
1-41-23 Establishment of the environment and natural resources fee fund--Source of fund--Administration--Expenditures--Unexpended funds.
1-41-23.1 Transfer of funds to environment and natural resources fee fund from water and environment fund.
1-41-24 Full public disclosure of nonconfidential public records--Reproduction--Fee--Waiver--Response time to written requests--Denial of disclosure--Appeals--Promulgation of rules--Attorney's fees and costs for denial of access to hazardous waste public records.
1-41-25 Voluntary environmental audits--Assumption against civil or criminal penalties.
1-41-25.1 Application of environmental audit provisions--Discovery of violations.
1-41-25.2 Environmental audit subject to discovery--Summary of disclosed violation.
1-41-25.3 Use of environmental audit as defense.
1-41-25.4 Removal of regulated entity from environmental audit provisions.
1-41-26 Promulgation of rules governing inspection of certain concentrated animal feeding operations.
1-41-27 Electronic signatures permitted on certain documents.
1-41-28 Establishment of program to separate and recover recyclable materials--Inclusion of local government.
1-41-28.1 Promulgation of rules for state agency recycling programs.
1-42-1
Repealed.
1-42-1.1
Obsolete.
1-42-1.2
Repealed.
1-42-2, 1-42-3. Repealed.
1-42-3.1 to 1-42-5.1. Obsolete.
1-42-6
Obsolete.
1-42-7 to 1-42-12. Repealed.
1-42-13
Transferred.
1-42-14
Obsolete.
1-42-15
Obsolete.
1-42-15.1
Transferred.
1-42-15.2
Transferred.
1-42-15.3 to 1-42-15.9. Transferred.
1-42-16
Obsolete.
1-42-17
Obsolete.
1-42-17.1
Repealed.
1-42-17.2 to 1-42-17.5. Repealed.
1-42-17.6
Repealed.
1-42-17.7
Superseded.
1-42-18 to 1-42-20. Obsolete.
1-42-21
Obsolete.
1-42-21.1 to 1-42-23. Transferred.
1-42-24
Transferred.
1-42-24.1
Executed.
1-42-25
Transferred.
1-42-26
Transferred.
1-42-27
Transferred.
1-42-28
Transferred.
1-42-28.1
Transferred.
1-42-29
Transferred.
1-42-30
Transferred.
1-42-31
Transferred.
1-43-1
Department continued.
1-43-2
Secretary as head of department--Functions.
1-43-2.1 to 1-43-3. Repealed.
1-43-4
Repealed.
1-43-5
Repealed.
1-43-6
Repealed.
1-43-7
Superseded.
1-43-7.1
Transferred.
1-43-8
Transferred.
1-43-9, 1-43-10. Superseded.
1-43-11
Cancer data collection system.
1-43-12
Authority to contract for implementation and maintenance of cancer data collection
system.
1-43-13
Rules for establishment, maintenance, and use of cancer data collection system.
1-43-14
Cancer detection or treatment reporting requirements.
1-43-15
Repealed.
1-43-16
Data collection--Availability to public.
1-43-17
Good faith reporting--Immunity from liability.
1-43-18
Transmittal of nonresident cancer diagnoses to national cancer registries.
1-43-19
Comprehensive health data system established--Purpose.
1-43-20
Public or private entities allowed to implement and maintain health care data system.
1-43-21
Promulgation of rules for establishment, maintenance and use of health care data
system.
1-43-22
Repealed.
1-43-23
Repealed.
1-43-24
Annual health data system report available to public.
1-43-25 to 1-43-28. Repealed.
1-43-29, 1-43-30. Repealed.
1-43-31
Information excepted from health data system reporting requirements.
1-43-32
Contingent implementation of comprehensive health data system.
1-43-33
Promulgation of rules for comprehensive health data system
.
1-43-34
Criminal background investigation of new forensic chemistry and vital records
employees--Temporary employment.
1-44-1
Department continued.
1-44-2
Secretary as head of department.
1-44-3
Agencies constituting department.
1-44-4
Transportation Commission created--Appointment and qualifications of members.
1-44-5
Geographic areas represented on Transportation Commission.
1-44-6
Terms of office of commission members--Vacancies.
1-44-7
Officers of Transportation Commission--Functions--Meetings.
1-44-7.1
Repealed.
1-44-7.2
Repealed.
1-44-7.3
Promulgation of rules regarding public transportation assistance grants.
1-44-7.4
Rules for intercity bus service assistance.
1-44-7.5
Promulgation of rules regarding county highway and bridge improvement plans.
1-44-8
Transportation Commission authority over allocation of construction funds.
1-44-9, 1-44-10. Repealed.
1-44-11
Performance of functions of Aeronautics Commission.
1-44-12
Repealed.
1-44-13 to 1-44-14.1. Repealed.
1-44-15
Transferred.
1-44-16
Contracts for tourism promotion programs.
1-44-17
Repealed.
1-44-18
Duties of department as to railroads.
1-44-19
Repealed.
1-44-20
Powers of department as to railroads.
1-44-21
Legislative approval prerequisite to purchase or contract to purchase railroad rolling
stock.
1-44-22
Department may accept and spend funds.
1-44-23
Repealed.
1-44-24
Liberal construction of department's authority.
1-44-25
South Dakota State Railroad Board--Appointment--Terms--Vacancy--Officers--Removal.
1-44-26
Railroad Board--Qualifications of members.
1-44-27
Approval by Railroad Board of department activities.
1-44-28
Management of state railroad property--Notice of sale--Option to lessee or abutting
owner--Right of use by utility.
1-44-29
Records of railroad property management.
1-44-30
Rules for management of property.
1-44-31
Railroads administration fund--Creation--Services--Expenditure.
1-44-32
Funds subject to state budget provisions.
1-44-33
Repealed.
1-44-34
Repealed.
1-44-35
Repealed.
1-44-36
Use of recovered material by Department of Transportation.
CHAPTER 1-45
DEPARTMENT OF EDUCATION
1-45-1 Department continued.
1-45-1.1 Department renamed.
1-45-1.2 Division of Library Services created--State Library Office transferred.
1-45-2 Secretary as head of department.
1-45-3 Qualifications of secretary.
1-45-4 Divisions and agencies constituting department--Independent functions--Budgetary powers of secretary--Planning powers of commission.
1-45-4.1 1-45-4.1. Superseded.
1-45-4.2 1-45-4.2, 1-45-4.3. Repealed by SL 1996, ch 8, §§ 11, 12.
1-45-4.4 Services to visually impaired and deaf or hard of hearing children.
1-45-4.5 1-45-4.5. Repealed by SL 1996, ch 8, § 14.
1-45-6.1 Board of Education Standards created--Appointment of members--Terms.
1-45-6.2 Vacancies on board--Meetings of board.
1-45-6.3 1-45-6.3, 1-45-6.4. Repealed by SL 2017, ch 81, §§ 47, 58.
1-45-6.5 1-45-6.5. Repealed by SL 2006, ch 73, § 1.
1-45-6.6 1-45-6.6. Repealed by SL 2018, ch 12, § 2.
1-45-7 1-45-7. Repealed by SL 1995, ch 322 (Ex Ord 95-6), § 19.
1-45-8 1-45-8. Repealed by SL 1976, ch 110, § 3.
1-45-9 1-45-9 to 1-45-12. Obsolete.
1-45-13 Functions performed by board.
1-45-13.1 1-45-13.1. Repealed by SL 2014, ch 92, § 1.
1-45-14 1-45-14. Repealed by SL 1980, ch 26, § 15.
1-45-15 1-45-15. Repealed by SL 1996, ch 8, § 15.
1-45-16 1-45-16, 1-45-17. Repealed by SL 1991, ch 21, §§ 2, 3.
1-45-18 1-45-18. Repealed by SL 2003, ch 272, § 102.
1-45-18.1 Office of Cultural Preservation abolished.
1-45-19.1 Board of Cultural Preservation abolished.
1-45-20 1-45-20, 1-45-21. Obsolete.
1-45-22 1-45-22. Transferred to § 1-18-2.1 by SL 2005, ch 10, § 23.
1-45-23 Performance of museum functions.
1-45-23.1 1-45-23.1. Transferred to § 1-18-2.2 by SL 2005, ch 10, § 24.
1-45-24 1-45-24, 1-45-25. Repealed by SL 1996, ch 8, §§ 18, 19.
1-45-26 Composition of State Library Office.
1-45-27.1 Functions of planning commission transferred to secretary of education.
1-45-29 1-45-29. Repealed by SL 1996, ch 8, § 21.
1-45-30 Comprehensive plans defined.
1-45-33 1-45-33, 1-45-34. Repealed by SL 1996, ch 8, §§ 22, 23.
1-45-35 Administrative functions transferred to secretary.
1-45-36 1-45-36. Repealed by SL 1996, ch 8, § 24.
1-45-37 1-45-37. Repealed by SL 2013, ch 4, § 1.
1-45-38 School Finance Accountability Board--Members--Purpose--Promulgation of rules--Appeal--Waiver approval--Report.
1-45-39 Teacher Compensation Review Board.
CHAPTER 1-46
DEPARTMENT OF THE MILITARY
1-46-1 Department created--Adjutant general as head.
1-46-3 Adjutant general functions.
1-46-5 Performance of functions of former Department of Military and Veterans Affairs.
1-46-6 Repealed.
1-46-6.1 National Guard.
1-46-7 1-46-7 to 1-46-9. Superseded.
1-46-11 Annual report and recommendations on civil air patrol.
CHAPTER 1-46A
DEPARTMENT OF VETERANS AFFAIRS
1-46A-1 Department created--Secretary as head.
1-46A-2 Repealed.
1-46A-3 Division of Veterans Affairs transferred.
1-46A-4 Veterans Home transferred.
1-46A-5 Consultation--South Dakota Veterans Council.
CHAPTER 1-47
DEPARTMENT OF REVENUE
1-47-1 1-47-1. Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), § 109, eff. Apr. 12, 2011.
1-47-1.1 Department created.
1-47-2 Secretary as head of department.
1-47-3 Performance of departmental functions.
1-47-5 1-47-5. Repealed by SL 2011, ch 1 (Ex. Ord. 11-1), § 112, eff. Apr. 12, 2011.
1-47-5.1 Division of Motor Vehicles transferred.
1-47-6 Division of Banking transferred.
1-47-7 Banking Commission continued.
1-47-8 1-47-8. Repealed by SL 2017, ch 231 (Ex. Ord. 17-2), § 22, eff. Apr. 13, 2017.
1-47-9 Division of Insurance transferred.
1-47-10 Commission on Gaming transferred.
1-47-11 Insurance Fraud Prevention Unit transferred.
1-47-12 Repealed.
1-47-13 Abstractors Board of Examiners transferred.
1-47-14 Real Estate Commission transferred.
1-47-15 Division of Lottery transferred.
1-47-16 Lottery Commission transferred.
1-47-17 Division of the Secretariat transferred.
1-47-18 Division of Business Tax transferred.
1-47-19 Division of Property and Special Taxes transferred.
1-47-20 Division of Audits transferred.
1-49-1
Repealed.
1-49-2
State Public Health Laboratory in Department of Health--Services.
1-49-3
Duties of state laboratory.
1-49-4
State laboratory fund.
1-49-5
Prompt certification of examination and test results.
1-49-6
Copies of laboratory results as evidence.
CHAPTER 1-50
STATE EMERGENCY RESPONSE COMMISSION
1-50-1 State emergency response commission--Membership--Compensation and reimbursement.
1-50-2 Commission responsibilities.
1-50-3 Promulgation of rules and procedures.
1-50-4 Funds of the Department of Agriculture and Natural Resources.
1-50-5 State Emergency Response Commission duties.
1-50-6 Legislative findings--State Emergency Response Commission and fees on facilities reporting hazardous substances.
1-50-7 SERC and SARA defined.
1-50-8 Annual reporting fee schedules for SARA facilities--Maximum fee.
1-50-9 SARA fee subfund--Agency activities.
1-50-10 SERC report--Contents--Appropriations--Distribution of grants.
1-50-11 Facility owner or operator to pay annual fee--Date due--Late fee--Failure to submit forms or submission of fraudulent forms.
1-51-1
Department of Public Safety created.
1-51-2
Division of Highway Patrol transferred.
1-51-3
Division of Highway Safety transferred.
1-51-4
Division of Commercial Inspection and Licensing, Office of Weights and Measures,
Office of Driver Licensing, Office of the Fire Marshal and Office of Inspections
transferred--Fire Marshal's Advisory Board continued.
1-51-5
Repealed.
1-51-6
Office of Accident Records transferred.
1-51-7
Office of State Radio transferred.
1-51-8
Division of Emergency and Disaster Services transferred.
1-51-9
State 911 Coordinated Statewide System Task Force transferred.
1-51-10
Functions of Division of Commercial Inspection and Licensing
.
1-51-11
Performance by Division of Commercial Inspection and Licensing of heavy scales
functions.
1-51-12
Criminal background checks for certain applicants and employees.
1-52-1
Department of Tourism created--Secretary as head.
1-52-2
Department of Tourism and State Development abolished--Functions transferred.
1-52-3
Repealed.
1-52-3.1
Repealed.
1-52-3.2 to 1-52-3.4. Transferred.
1-52-3.5
Transferred.
1-52-4
Transferred.
1-52-5
Transferred.
1-52-6, 1-52-7. Repealed.
1-52-7.1
South Dakota Arts Council transferred.
1-52-8, 1-52-9. Repealed.
1-52-10
Transferred.
1-52-11
Transferred.
1-52-12
Transferred.
1-52-13
Transferred.
1-52-14
Board of Tourism--Advisory functions.
1-52-15
Members--Term--Vacancy.
1-52-16
Officers--Quorum--Meetings.
1-52-17
Tourism promotion fund established.
CHAPTER 1-53
GOVERNOR'S OFFICE OF ECONOMIC DEVELOPMENT
1-53-1 Governor's Office of Economic Development created--Commissioner as head.
1-53-2 Functions transferred.
1-53-3 Purpose of Governor's Office of Economic Development.
1-53-4 Functions of Governor's Office of Economic Development.
1-53-5 Information received by Governor's Office of Economic Development--When open to public inspection--Copies.
1-53-6 Confidentiality of certain information.
1-53-7 Contributions to Governor's Office of Economic Development--Special revenue fund--Use and disbursements.
1-53-8 Board of Economic Development transferred.
1-53-9 South Dakota Housing Development Authority transferred.
1-53-10 Economic Development Finance Authority transferred.
1-53-11 South Dakota Ellsworth Development Authority transferred.
1-53-12 Office of Research Commerce transferred.
1-53-13 South Dakota Science and Technology Authority transferred.
1-53-14 1-53-14. Repealed by SL 2015, ch 7, § 3.
1-53-15 Small business credit initiative fund.
1-53-16 Acceptance or expenditure of funds reported in informational budget.
1-53-17 Deposits into and expenditures from small business credit initiative fund.
1-53-18 Property given as security for loan.
1-53-19 Confidentiality of certain information concerning small business credit initiative loans.
1-53-20 Criminal background investigation of new employees--Temporary employment--Fees.
1-53-21 Farm link program established.
1-53-22 Promulgation of rules governing farm link program.
1-53-23 Commissioner of Governor's Office of Economic Development as state official to receive rural rehabilitation trust assets.
1-53-24 Agreements for administration of trust assets by federal government.
1-53-25 Deposit of trust assets with state treasurer--Purposes for which used.
1-53-26 Compromise, adjustment, and collection of claims and obligations.
1-53-27 Purchase and acquisition of property securing indebtedness.
1-53-28 Operation, lease, and disposition of property purchased or acquired.
1-53-29 Investment, transfer, and sale of securities and obligations--Purposes.
1-53-30 Promulgation of rules for disposition of claims and administration of trust.
1-53-31 Powers delegated to secretary of agriculture of United States.
1-53-32 United States held free from liability.
1-53-33 Severability of provisions.
1-53-34 Value added agriculture subfund created.
1-53-35 Value added agriculture subfund administration.
1-53-36 Earnings on value added agriculture subfund.
1-53-37 Promulgation of rules--Value-added agriculture subfund.
1-53-38 South Dakota Certified Beef Program.
1-53-39 Beef products produced by registered participants in compliance with requirements authorized for sale as South Dakota Certified Beef.
1-53-40 Authority of Governor's Office of Economic Development--Program requirements and operation.
1-53-41 Use of mark, copyright, or label--Violation as felony.
1-53-42 Confidential information--Exception.
1-53-43 Promulgation of rules on certified beef program.
1-53-44 Enforcement by court action--Injunctive relief.
1-53-45 Revocation of license.
1-53-46 Agency cooperation to develop, administer, and market certified beef program.
1-53-47 South Dakota Certified beef fund--Deposits and expenditures.
CHAPTER 1-54
DEPARTMENT OF TRIBAL RELATIONS
1-54-1 Department created--Secretary as head.
1-54-2 Office of Tribal Governmental Relations transferred.
1-54-3 Department functions.
1-54-4 Governor to hold hearings before entering into gaming compact.
1-54-5 Consultation with tribal government regarding state programs.
1-54-6 Advice to Department of Tribal Relations.
1-54-7 Tribal identification cards--Exception.
1-54-8 Tribal parole pilot programs.
1-54-9 Performance measures report.
1-54-10 Assistance with election grants, education, and satellite-voting centers.
1-54-11 Office of Indian Education established--Annual report.
1-54-12 Indian Education Advisory Council to consult with Department of Education regarding Oceti Sakowin Essential Understandings.
1-54-13 Native American achievement schools grant program established.
1-54-14 Eligibility requirements for Native American achievement schools grant applicants.
1-54-15 Criteria for priority projects.
1-54-16 Application process.
1-54-17 Determination of grant recipients and award amounts.
1-54-18 Conditions applicable to grant recipients.
1-54-19 Grant recipient reports--Access to facilities and records.
1-54-20 Default--Repayment--Civil action.
1-54-21 Repealed.
1-54-22 Repealed.
1-54-23 Repealed.
1-54-24 Repealed.
1-54-25 Repealed.
1-54-26 Repealed.
CHAPTER 1-55
OBLIGATION RECOVERY CENTER
1-55-1 Definitions.
1-55-2 Obligation recovery center created.
1-55-3 Collection of bad debts.
1-55-4 Cost recovery fees.
1-55-5 Transfer of recovered moneys to referring entity--Proration of insufficient amounts--Order of debt collection.
1-55-6 Use during account receivable cycle.
1-55-7 Final notification to debtor by referring entity.
1-55-8 Confidentiality of records--Exceptions.
1-55-9 Collection and use of data.
1-55-10 Centralized electronic debt management system.
1-55-11 Licenses, registrations, and permits withheld from person owing debt referred to center.
1-55-12 Hearing on debt determination dispute--Written request--Temporary license, registration, or permit.
1-55-13 Payments due debtor subject to offset against debt referred to center.
1-55-14 Debt referral to collection agency--Promulgation of rules.
1-55-15 Promulgation of rules.
1-55-16 Annual report to Government Operations and Audit Committee.
1-55-17 1-55-17. Repealed by SL 2015, ch 14, § 17, eff. June 30, 2017.
1-56-1
Definitions
.
1-56-2
State Board of Internal Control created--Membership--Quorum.
1-56-3
Promulgation of rules.
1-56-4
Meetings of board--Record of proceedings
.
1-56-5
Bureau of Finance and Management to provide administrative support.
1-56-6
Duties of board
.
1-56-7
Annual work plan and report.
1-56-8
Designation of agency internal control officer
.
1-56-9
Audit findings to be submitted to board.
1-56-10
Grant agreements, evaluation reports, and conflicts of interest to be displayed on
website.
1-56-11
State employees to report suspicion of conflict of interest, fraud, or theft.
1-56-12
Grievance for retaliation for reporting violation of state law
.
CHAPTER 1-57
SOUTH DAKOTA-IRELAND TRADE COMMISSION
1-57-1 Creation of South Dakota-Ireland Trade Commission--Purposes.
1-57-2 Membership.
1-57-3 Administration--Meetings--Selection of chair.
1-57-4 South Dakota-Ireland trade fund--Creation--Continuous appropriation.
1-57-5 Member reimbursement.
1-57-6 Report.
