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1-51 DEPARTMENT OF PUBLIC SAFETY
CHAPTER 1-51

DEPARTMENT OF PUBLIC SAFETY

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1-51-5      Repealed.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.



1-51-1Department of Public Safety created.

There is hereby created a Department of Public Safety. The head of the Department of Public Safety is the Secretary of Public Safety who shall be appointed and serve pursuant to the provisions of the S.D. Const., Art. IV, § 9.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 18.



1-51-2Division of Highway Patrol transferred.

The Division of Highway Patrol and its functions in the former Department of Commerce and Regulation are transferred to the Department of Public Safety created by Executive Reorganization Order 2003-01. The secretary of the Department of Public Safety shall perform the functions of the former secretary of the Department of Commerce and Regulation, relating to the Division of Highway Patrol.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 21, eff. Apr. 17, 2003.



1-51-3Division of Highway Safety transferred.

The Division of Highway Safety and its functions in the former Department of Commerce and Regulation are transferred to the Department of Public Safety created by Executive Reorganization Order 2003-01. The secretary of the Department of Public Safety shall perform the functions of the former secretary of the Department of Commerce and Regulation, relating to the Division of Highway Safety.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 22, eff. Apr. 17, 2003.



1-51-4Division 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.

The Division of Commercial Inspection and Licensing, including the offices of Weights and Measures, Driver Licensing and the Office of the Fire Marshal and Office of Inspections, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Public Safety created by Executive Reorganization Order 2003-01. The secretary of the Department of Public Safety shall perform the functions of the former secretary of the Department of Commerce and Regulation, relating to the Division of Commercial Inspection and Licensing. The Fire Marshal's Advisory Board shall continue as an advisory board within the Department of Public Safety created by Executive Reorganization Order 2003-01.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 23, eff. Apr. 17, 2003.



1-51-5
     1-51-5.   Repealed by SL 2015, ch 277 (Ex. Ord. 15-1), § 34, eff. Apr. 20, 2015.



1-51-6Office of Accident Records transferred.

The Office of Accident Records, Department of Transportation, and its functions are transferred to the Department of Public Safety created by Executive Reorganization Order 2003-01. The secretary of the Department of Public Safety shall perform the functions of the secretary of transportation, relating to the Office of Accident Records.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 70, eff. Apr. 17, 2003.



1-51-7Office of State Radio transferred.

The Office of State Radio, Bureau of Information and Telecommunications, and its functions are transferred to the Department of Public Safety created by Executive Reorganization Order 03-1. The secretary of the Department of Public Safety shall perform the functions of the commissioner of information and telecommunications, relating to the Office of State Radio.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 71, eff. Apr. 17, 2003.



1-51-8Division of Emergency and Disaster Services transferred.

The Division of Emergency and Disaster Services in the Department of Military and Veterans Affairs and its functions are transferred to the Department of Public Safety. The secretary of the Department of Public Safety shall perform the functions of the secretary of the Department of Military and Veterans Affairs, relating to the Division of Emergency Disaster Services.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 72.



1-51-9State 911 Coordinated Statewide System Task Force transferred.

The South Dakota 911 Coordinated Statewide System Task Force attached to the Division of Emergency and Disaster Services in the Department of Military and Veterans Affairs and its functions are transferred to the Department of Public Safety. The secretary of the Department of Public Safety shall perform the functions of the secretary of the Department of Military and Veterans Affairs, relating to the South Dakota 911 Coordinated Statewide System Task Force.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 73.



1-51-10Functions of Division of Commercial Inspection and Licensing.

The Division of Commercial Inspection and Licensing of the Department of Public Safety shall perform:

(1)    The functions of the former Division of Consumer Protection pursuant to chapters 34-39, 37-2, 37-20, 37-21, 37-22, 37-22A, 39-1, 39-4, and 39-13; and

(2)    The functions of the Department of Agriculture pursuant to chapter 37-21A.

Source: SL 1979, ch 351, §§ 28 to 32; SL 1979, ch 5, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 87; SL 2004, ch 17, § 3; SDCL § 1-35-6.2.



1-51-11Performance by Division of Commercial Inspection and Licensing of heavy scales functions.

The Division of Commercial Inspection and Licensing shall, under the direction and control of the secretary of public safety, perform all the functions of the former heavy scales division of the Public Utilities Commission, created by chapter 37-22.

Source: SL 1973, ch 2, § 53; SL 1974, ch 19, § 5; SL 2003, ch 272 (Ex. Ord. 03-1), § 88; SL 2004, ch 17, § 4; SDCL § 1-35-7.



1-51-12Criminal background checks for certain applicants and employees.

Each employee of the Department of Public Safety who performs state inspection services or any person who applies to the department seeking employment performing state inspection services shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The secretary of public safety shall submit completed fingerprint cards to the Division of Criminal Investigation for the applicant or employee. Upon completion of the state and federal criminal background investigation, the Division of Criminal Investigation shall forward to the secretary all information obtained as a result of the investigation.

The applicant or employee is responsible for any fee charged for the cost of fingerprinting or the criminal background investigation. The department may pay any fee charged for the cost of fingerprinting or the criminal background investigation for any person whose employment is subject to the requirements of this section.

Source: SL 2019, ch 12, § 1.