CHAPTER 2-14
CONSTRUCTION AND EFFECT OF STATUTES
2-14-1 Words used in ordinary sense.
2-14-2 Definition of terms used in code.
2-14-2.1 Definition of shall.
2-14-3 Printing not sufficient to seal note.
2-14-4 Application of statutory definitions.
2-14-5 Gender of words.
2-14-6 Singular and plural words.
2-14-7 Tense of verbs.
2-14-8 Punctuation not controlling.
2-14-9 Source notes, cross-references and titles not part of statute.
2-14-10 Source notes not a legislative expression.
2-14-11 Arrangement of laws in code.
2-14-12 Statutes in derogation of common law--Liberal construction.
2-14-13 Uniformity of interpretation of uniform laws.
2-14-14 Computation of time in statutes.
2-14-15 Majority exercising joint authority.
2-14-16 Effective date of legislative acts.
2-14-16.1 Two or more amendments of same section at same session--Reconciliation.
2-14-16.2 Two or more initiated measures or constitutional amendments approved at same election--Reconciliation.
2-14-17 Effect of repeal of act legalizing prior act.
2-14-18 Penalties and liabilities surviving repeal of act.
2-14-19 Revival not implied by repeal of repealer.
2-14-20 Omitted.
2-14-21 Code not retroactive.
2-14-22 Transferred to § 2-16-16.
2-14-23 Repeal of acts prior to code--Saving clauses.
2-14-24 Actions pending and rights accrued before code.
2-14-25 Limitation periods beginning before code.
2-14-26 Corporations organized before code.
2-14-27 Rights vested and obligations existing before code.
2-14-28 Public officers in office before code.
2-14-29 Subdivision boundaries existing before code.
2-14-30 Ordinances and regulations adopted before code.
2-14-31 Transfer of proceedings pending at time of code.
2-14-32 Chapter applied to Codified Laws and code.
2-14-1. Words used in ordinary sense.
Words used are to be understood in their ordinary sense except also that words defined or explained in § 2-14-2 are to be understood as thus defined or explained.
Source: SDC 1939, § 65.0202 (7).
2-14-2. Definition of terms used in code.
Terms used throughout the code of laws enacted by § 2-16-13, mean:
(1) "According to usage," that which is usual and customary;
(2) "Adult," any person who is not a minor as defined in chapter 26-1;
(3) "Children" includes children by birth and by adoption;
(4) "Compound interest," interest added to the principal as the interest becomes due, and thereafter made to bear interest;
(5) "Corporate surety," a corporation acting as surety for a principal obligor, and which corporation is duly authorized under the laws of this state to transact business which involves acting as such surety;
(6) "Creditor," except as defined and used in chapters 54-1 and 54-9, everyone to whom is owed the performance of an obligation;
(7) "Day," the period from midnight to midnight;
(8) "Debtor," except as defined and used in chapters 54-1 and 54-9, everyone who owes to another the performance of an obligation;
(9) "Decree," the same meaning as the word "judgment";
(10) "Depose," every mode of written statement under oath or affirmation;
(11) "Folio," one hundred words, counting every series of figures necessarily used, as a word; and any portion of a folio when in the whole draft or paper there shall not be a complete folio and when there shall be any excess of the last folio;
(12) "Full-time equivalent" or "FTE," a number that designates staffing level where one full-time equivalent position is equal to the number of days, Monday through Friday, in a fiscal year, multiplied by eight hours per day. The term excludes: paid overtime hours; hours paid to an employee assigned to a light duty position as approved by the commissioner of human resources and administration due to a temporary partial disability as defined in subdivision 62-1-1(8); hours paid for accumulated annual leave and sick leave upon employee termination; hours paid to patient employees of the institutions under the control of the Department of Human Services or the Department of Social Services and the Department of Veterans Affairs; hours paid to work-study students enrolled in postsecondary educational institutions or postsecondary students employed through internships in the legislative branch, judicial branch, or the executive branch; hours paid to students enrolled in and employed by postsecondary educational institutions; and hours paid to members of boards and commissions pursuant to § 4-7-10.4. For purposes of salary computation a nine month or more per year full-time teaching or research faculty person, or the equivalent thereof, at the institutions under the jurisdiction of the Board of Regents shall be considered one full-time equivalent;
(13) "Good faith," an honest intention to abstain from taking any unconscientious advantage of another, even through the forms or technicalities of law, together with an absence of all information or belief of facts which would render the transaction unconscientious;
(14) "Indian tribe," any government of any Indian tribe which is located either wholly or partially within the State of South Dakota and which has a constitution or a charter approved by the secretary of the Department of the Interior and which possesses the powers of self-government;
(15) "Month," a calendar month;
(16) "Municipality," any municipality organized as provided in Title 9;
(17) "Oath" includes affirmation;
(18) "Person" includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations;
(19) "Personal property" includes money, goods, chattels, things in action, and evidences of debt;
(20) "Population," the number of inhabitants as determined by the last preceding federal census;
(21) "Property" includes property, real and personal;
(22) "Real property" is coextensive with lands, tenements, and hereditaments;
(23) "Seal" includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper;
(24) "Several," in relation to number, two or more;
(25) "Signature or subscription" includes mark, if the person cannot write, the person's name being written near such mark, and written by a person who writes the person's own name as a witness;
(26) "State," the State of South Dakota;
(27) "Testify," every mode of oral statement under oath or affirmation;
(28) "Third persons" includes all who are not parties to the obligation or transaction concerning which the phrase is used;
(29) "Township boards," the board of supervisors of any organized township;
(30) "Usual and customary," according to usage; usage is a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties, or so well established, general, and uniform, that they must be presumed to have acted with reference thereto;
(31) "Valuable consideration," a thing of value parted with, or a new obligation assumed at the time of obtaining the thing, which is a substantial compensation for that which is obtained thereby. It is also called simply "value";
(32) "Verdict" includes not only the verdict of a jury, but also the finding upon the facts of a judge, or of a referee appointed to determine the issues in a cause;
(33) "Voter," a person duly registered to vote or one who is performing the act of voting;
(34) "Will" includes a codicil or codicils;
(35) "Writing" and "written" include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. Writing may be made in any manner, except that when a person entitled to require the execution of a writing demands that it be made with ink, it must be so made;
(36) "Year," a calendar year.
Source: Subd. (1): SDC 1939, § 65.0201 (1). Subd. (2): SDC 1939, § 65.0201 (2). Subd. (3): SDC 1939, § 65.0201 (3). Subd. (4): SDC 1939, § 65.0201 (4). Subd. (5): SDC 1939, § 65.0201 (5). Subd. (6): SDC 1939, § 65.0201 (6). Subd. (7): SDC 1939, § 65.0402. Subd. (8): SDC 1939, § 65.0201 (7). Subd. (9): SDC 1939, § 65.0201 (8). Subd. (10): SDC 1939, § 65.0201 (9). Subd. (11): SL 1961, ch 461. Subd. (12): SL 1977, ch 40, § 1; SL 1978, ch 22; SL 1981, ch 18; SL 1989, ch 21, § 38; SL 1992, ch 133, § 1; SL 1994, ch 29; SL 1998, ch 11, § 1; SL 2004, ch 30, § 1, eff. June 21, 2004; SL 2010, ch 17, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 133, eff. Apr. 12, 2011; SL 2012, ch 23, § 91; SL 2018, ch 12, § 3; SL 2018, ch 29, § 1. Subd. (13): SDC 1939, § 65.0201 (10). Subd. (14): SL 1974, ch 27. Subd. (15): SDC 1939, § 65.0402. Subd. (16): SDC 1939, § 65.0201 (11); SL 1992, ch 60, § 2. Subd. (17): SDC 1939, § 65.0201 (12). Subd. (18): SDC 1939, § 65.0201 (13); SL 1994, ch 351, § 2; SL 1996, ch 269, § 1. Subd. (19): SDC 1939, § 65.0201 (14). Subd. (20): SDC 1939, § 65.0201 (15). Subd. (21): SDC 1939, § 65.0201 (16). Subd. (22): SDC 1939, § 65.0201 (17). Subd. (23): SDC 1939, § 65.0201 (18). Subd. (24): SDC 1939, § 65.0201 (19). Subd. (25): SDC 1939, § 65.0201 (20); SL 1994, ch 351, § 2. Subd. (26): SDC 1939, § 65.0201 (21). Subd. (27): SDC 1939, § 65.0201 (22). Subd. (28): SDC 1939, § 65.0201 (23). Subd. (29): SDC 1939, § 65.0201 (24). Subd. (30): SDC 1939, §§ 65.0104, 65.0201 (25). Subd. (31): SDC 1939, § 65.0201 (26). Subd. (32): SDC 1939, § 65.0201 (27). Subd. (33): SL 1982, ch 28, § 49. Subd. (34): SDC 1939, § 65.0201 (28). Subd. (35): SDC 1939, § 65.0201 (29). Subd. (36): SDC 1939, § 65.0402; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 35, eff. Apr. 8, 2024.
2-14-2.1. Definition of shall.
As used in the South Dakota Codified Laws to direct any action, the term, shall, manifests a mandatory directive and does not confer any discretion in carrying out the action so directed.
Source: SL 1997, ch 21, § 1.
2-14-3. Printing not sufficient to seal note.
Notwithstanding the provisions of subdivision 2-14-2(23) a promissory note shall in no case be deemed or considered a sealed instrument where the word "seal" is printed thereon.
Source: SL 1943, ch 316; SDC Supp 1960, § 65.0201-1.
2-14-4. Application of statutory definitions.
Whenever the meaning of a word or phrase is defined in any statute such definition is applicable to the same word or phrase wherever it occurs except where a contrary intention plainly appears.
Source: SDC 1939, § 65.0202 (8).
2-14-5. Gender of words.
Words used in the masculine gender include the feminine and neuter. Words used in the feminine gender include the masculine and neuter.
Source: SDC 1939, § 65.0202 (9); SL 1980, ch 23, § 20.
2-14-6. Singular and plural words.
Words used in the singular number include the plural, and the plural, the singular, except where a contrary intention plainly appears.
Source: SDC 1939, § 65.0202 (10).
2-14-7. Tense of verbs.
Words used in the present tense include the future as well as the present.
Source: SDC 1939, § 65.0202 (11).
2-14-8. Punctuation not controlling.
Punctuation shall not control or affect the construction of any provision when any construction based on such punctuation would not conform to the spirit and purpose of such provision.
Source: SDC 1939, § 65.0202 (6).
2-14-9. Source notes, cross-references and titles not part of statute.
Source notes, cross-references, and titles whether designating entire titles, parts, chapters, sections, or subdivisions, constitute no part of any statute.
Source: SDC 1939, § 65.0202 (3).
2-14-10. Source notes not a legislative expression.
Nothing contained in any source note shall be deemed as an expression by the Legislature as to the purpose, reason, scope, or effect of any section to which such source note relates.
Source: SDC 1939, § 65.0202 (4).
2-14-11. Arrangement of laws in code.
Provisions contained in any title, part, or chapter of the code of laws enacted by § 2-16-13 may be construed and considered in the light of such arrangement and such position in any case where such arrangement or such position tends to show the intended purpose and effect thereof.
Source: SDC 1939, § 65.0202 (5).
2-14-12. Statutes in derogation of common law--Liberal construction.
The rule of the common law that statutes in derogation thereof are to be strictly construed has no application to the code of laws enacted by § 2-16-13. Such code establishes the law of this state respecting the subjects to which it relates and its provisions and all proceedings under it are to be liberally construed with a view to effect its objects and to promote justice.
Source: SDC 1939, § 65.0202 (1).
2-14-13. Uniformity of interpretation of uniform laws.
Whenever a statute appears in the code of laws enacted by § 2-16-13 which, from its title, text, or source note, appears to be a uniform law, it shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Source: SDC 1939, § 65.0202 (2).
2-14-14. Computation of time in statutes.
The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last is a holiday and then it also is excluded.
Fractions of a day are to be disregarded in computations which include more than one day, and involve no questions of priority.
Source: SDC 1939, §§ 65.0402, 65.0403.
2-14-15. Majority exercising joint authority.
Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them unless it is otherwise expressed in the act giving the authority.
Source: SDC 1939, § 65.0202 (12).
2-14-16. Effective date of legislative acts.
Subject to the provisions of the Constitution and statutes relating to vetoes and the referendum, an act of the Legislature which does not prescribe when it shall take effect, if passed at a regular session, takes effect on the first day of July after its passage and if passed at a special session on the ninety-first day after the final adjournment of such session.
Source: SDC 1939, § 55.0607.
2-14-16.1. Two or more amendments of same section at same session--Reconciliation.
If two or more acts amending the same section of the code of laws enacted by § 2-16-13 are passed during a legislative session, each amendment shall be given effect, even if both acts have differing effective dates unless the amendments conflict or a contrary intent plainly appears.
Source: SL 1976, ch 28; SL 1985, ch 15, § 12.
2-14-16.2. Two or more initiated measures or constitutional amendments approved at same election--Reconciliation.
If two or more initiated measures or amendments to the Constitution are approved by the voters at the same election, each initiated measure or amendment shall be given effect, unless the initiated measures or amendments conflict or a contrary intent plainly appears. For purposes of any conflict or the determination of intent under this section, the initiated measure or amendment receiving the greatest number of affirmative votes at the election shall be given effect.
Source: SL 2018, ch 30, § 1.
2-14-17. Effect of repeal of act legalizing prior act.
The repeal of any statute which legalized or made valid any act which was prior thereto shall not affect the legality or validity of such act which was legalized or validated by such statute.
Source: SDC 1939, § 65.0202 (14).
2-14-18. Penalties and liabilities surviving repeal of act.
The repeal of any statute by the Legislature shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute unless the repealing act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability.
Source: SDC 1939, § 65.0202 (15).
2-14-19. Revival not implied by repeal of repealer.
Whenever any act of the Legislature is repealed, which repealed a former act, such former act shall not thereby be revived unless it shall be expressly so provided.
Source: SDC 1939, § 65.0202 (13).
2-14-20. Omitted.
2-14-21. Code not retroactive.
No part of the code of laws enacted by § 2-16-13 shall be construed as retroactive unless such intention plainly appears.
Source: SDC 1939, § 65.0202 (22).
2-14-23. Repeal of acts prior to code--Saving clauses.
Except as otherwise expressly provided, all general statutes duly enacted prior to the code of laws enacted by § 2-16-13 and not previously repealed are repealed and superseded by the provisions of the code of laws enacted by § 2-16-13, but such repeal shall not in any case affect the validity of any transaction which shall have occurred prior to the taking effect of such code; nor shall such repeal operate to impair the curative or legalizing effect of any statute theretofore enacted; nor shall such repeal have the effect of releasing or extinguishing any penalty, forfeiture, or liability incurred prior to the taking effect of such code, and all offenses committed and all penalties or forfeitures incurred under any statute repealed prior to such repeal may be prosecuted and punished in the same manner and with the same effect as if the statute relating thereto had not been repealed.
Source: SDC 1939, §§ 65.0202 (25), 65.0321.
2-14-24. Actions pending and rights accrued before code.
No action or proceeding, civil or criminal, commenced before the code of laws enacted by § 2-16-13 took effect and no right accrued are affected by its provisions, but the proceedings thereunder must conform to the requirements of such code as far as applicable.
Source: SDC 1939, § 65.0202 (16).
2-14-25. Limitation periods beginning before code.
When a limitation or period of time prescribed in any existing statute for acquiring a right or barring a remedy or for any other purpose had begun to run before the code of laws enacted by § 2-16-13 took effect and the same or any limitation was prescribed in such code, the time which had already run is deemed part of the time prescribed in such limitation by such code.
Source: SDC 1939, § 65.0202 (17).
2-14-26. Corporations organized before code.
Nothing in the code of laws enacted by § 2-16-13 shall be so construed as to affect the incorporation of any public or private corporation lawfully incorporated when the code took effect, but such corporation is subject to the provisions thereof applicable thereto.
Source: SDC 1939, § 65.0202 (18).
2-14-27. Rights vested and obligations existing before code.
Nothing in the code of laws enacted by § 2-16-13 shall be so construed as to impair any vested right or valid obligation existing when it took effect.
Source: SDC 1939, § 65.0202 (19).
2-14-28. Public officers in office before code.
Except where a different intention plainly appears, the public officers in office when the code of laws enacted by § 2-16-13 took effect continue in office until the expiration of the term for which they were elected or appointed unless sooner removed as provided by law.
Source: SDC 1939, § 65.0202 (20).
2-14-29. Subdivision boundaries existing before code.
The boundaries of every county, municipality, school district, and other local subdivision continue as established when the code of laws enacted by § 2-16-13 took effect until changed in the manner provided therein.
Source: SDC 1939, § 65.0202 (21); SL 1992, ch 60, § 2.
2-14-30. Ordinances and regulations adopted before code.
Every ordinance, bylaw, rule, and regulation adopted by any municipality, civil township, court, board, commission, or public officer, not inconsistent with the provisions of the code of laws enacted by § 2-16-13, in force when it took effect continues in force until repealed or amended in the manner provided by law.
Source: SDC 1939, § 65.0202 (21); SL 1992, ch 60, § 2.
2-14-31. Transfer of proceedings pending at time of code.
If when the code of laws enacted by § 2-16-13 took effect any action or proceeding, properly commenced, was pending before any court, tribunal, board, commission, or public officer, of which such court, tribunal, board, commission, or public officer does not have jurisdiction under the provisions of such code, such action or proceeding is forthwith transferred, together with all the papers relating thereto, to the court, tribunal, board, commission, or public officer having jurisdiction thereof, with the same force and effect as if originally commenced before such court, tribunal, board, commission, or public officer.
Source: SDC 1939, § 65.0202 (24).
2-14-32. Chapter applied to Codified Laws and code.
Except as provided in §§ 2-16-14 to 2-16-16, the provisions of this chapter apply to the South Dakota Codified Laws and the code of laws enacted by § 2-16-13.
Source: SL 1970, ch 17, § 2; SL 1972, ch 14, § 1; SL 1974, ch 28, § 1; SL 1975, ch 27, § 1.
