CHAPTER 32-2
DIVISION OF HIGHWAY PATROL
32-2-1 Superintendent--Appointment--Supervision--Custody of records and property.
32-2-1.1 Division continued within Department of Public Safety--Functions performed by department--Head of division.
32-2-2 Bond of superintendent--Payment of premium.
32-2-3 Establishment of highway patrol--Employees and agents--Examinations and qualifications of employees.
32-2-4 Purchase of equipment for highway patrol.
32-2-5 32-2-5, 32-2-6. Repealed by SL 1982, ch 18, §§ 7, 8.
32-2-7 Enforcement of laws governing motor carriers.
32-2-8 Duties of agents--Arrest of violators.
32-2-8.1 Arrest powers of motor carrier inspectors--Law enforcement officer status.
32-2-9 Duties of agents--Law enforcement--Execution of warrants.
32-2-10 Compensation--Longevity pay.
32-2-11 Fund from which compensation is paid--Vouchers.
32-2-11.1 32-2-11.1. Repealed by SL 1987, ch 214, § 2.
32-2-12 General duties of division.
32-2-1. Superintendent--Appointment--Supervision--Custody of records and property.
A superintendent, appointed by the secretary of the Department of Public Safety shall, under the direction of such secretary, have charge of the Division of Highway Patrol. Such secretary shall continue to have charge and custody of all records, accounts, files, equipment, motor cars, and other personal property of the Division of Highway Patrol.
Source: SDC 1939, § 44.0601; SL 2003, ch 272, § 21.
32-2-1.1. Division continued within Department of Public Safety--Functions performed by department--Head of division.
The Division of Highway Patrol shall continue within the Department of Public Safety, and all its functions shall be performed by the Department of Public Safety. The director of the Division of the Highway Patrol shall be the superintendent of the highway patrol, provided for under this chapter, who shall be appointed by the secretary of the Department of Public Safety in accordance with § 1-32-6.
Source: SL 1973, ch 2, § 33; SL 2003, ch 272 (Ex. Ord. 03-1), § 21.
32-2-2. Bond of superintendent--Payment of premium.
The superintendent of the highway patrol shall furnish bond in such form as required by and in such amount as may be designated by the Department of Public Safety, such bond to be approved by the attorney general and filed with the secretary of state. The premium for such bond shall be paid out of funds appropriated for such Division of Highway Patrol.
Source: SDC 1939, § 44.0602; SL 2003, ch 272, § 21.
32-2-3. Establishment of highway patrol--Employees and agents--Examinations and qualifications of employees.
The Department of Public Safety shall establish an adequate highway patrol by the employment of full-time employees as it deems adequate. The employees shall be known and commissioned as agents of the Division of Highway Patrol. Each full-time employee is required to pass suitable examinations and is subject to all of the provisions contained in this chapter and chapter 3-6D pertaining to qualifications of the employee.
Source: SDC 1939, § 44.0603; SL 1989, ch 256, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 21; SL 2018, ch 12, § 12.
32-2-4. Purchase of equipment for highway patrol.
The Department of Public Safety shall have power to purchase equipment, including automobiles, motorcycles, radios, firearms, and any other equipment that may be necessary properly to equip agents operating under the Division of Highway Patrol.
Source: SDC 1939, § 44.0604 (1); SL 2003, ch 272, § 21.
32-2-7. Enforcement of laws governing motor carriers.
Agents, patrol officers, motor carrier enforcement officers, and motor carrier inspectors of the Department of Public Safety shall assist in the enforcement of all laws, police regulations, and rules governing motor vehicles and motor carriers over and upon the highways of this state. The agents, patrol officers, motor carrier enforcement officers, and motor carrier inspectors may stop any vehicle or carrier to examine, measure, or weigh the vehicle and its load and to withdraw and inspect any fuel being transported by the vehicle or used to propel the vehicle. The agents, patrol officers, motor carrier enforcement officers, and motor carrier inspectors may examine any bill-of-lading, registration, license, or permit to determine if the motor carrier is properly registered, licensed, or permitted and if the load transported is an amount permitted by the commercial motor vehicle license issued to the carrier.
Source: SDC 1939 § 44.0605 (1); SL 1970, ch 167; SL 1974, ch 207; SL 1981, ch 230, § 1; SL 1996, ch 90, § 43; SL 2000, ch 140, § 1; SL 2003, ch 272, § 121.
32-2-8. Duties of agents--Arrest of violators.
Agents, patrol officers, motor carrier enforcement officers, and motor carrier inspectors of the Department of Public Safety shall place violators of any of the laws or police regulations of this state, governing operation of motor vehicles or motor carriers, under arrest without warrant for criminal offenses committed in the presence of the agent, patrol officer, motor carrier enforcement officer, or motor carrier inspector, and take the violator and the vehicle which does not conform to such laws or regulations to the nearest convenient circuit court or magistrate court for trial at the earliest opportunity.
Source: SDC 1939 § 44.0605 (2); SL 1981, ch 230, § 2; SL 2000, ch 140, § 2; SL 2004, ch 17, § 38.
32-2-8.1. Arrest powers of motor carrier inspectors--Law enforcement officer status.
Arrest powers for motor carrier inspectors employed by the Division of Highway Patrol are limited to violations of chapters 10-47B, 32-5, 32-9, 32-10, 32-12, 32-12A, 32-22, 40-19, 40-20, 40-21, 49-28, and 49-28A and §§ 50-4-13 to 50-4-17, inclusive, and § 32-33-17, and the rules governing operation of motor carriers. Motor carrier inspectors who have been given such limited arrest powers are not considered law enforcement officers for the purposes of § 23-3-27.
Source: SL 1981, ch 230, § 3; SL 1987, ch 213, § 1; SL 1989, ch 117; SL 1989, 256, § 2; SL 1999, ch 162, § 2; SL 1999, ch 206, § 10; SL 2002, ch 146, § 1.
32-2-9. Duties of agents--Law enforcement--Execution of warrants.
Agents, patrolmen, and employees of the Division of Highway Patrol shall prevent and detect crime, apprehend criminals, enforce the criminal and traffic laws of the state, and perform such other related duties as may be legally imposed upon them. Such agents, patrolmen, and employees, are peace officers and have the same powers with respect to the enforcement of law as sheriffs, constables, and police officers. Any warrant of arrest issued by any judge or magistrate may be executed by any of the agents, patrolmen, or employees of such division in any part of the state according to the tenor thereof without endorsement.
Source: SDC 1939, § 44.0605 (3); SL 1984, ch 12, § 29.
32-2-10. Compensation--Longevity pay.
The compensation of each agent, patrolman, and employee of the Division of Highway Patrol is set by the Department of Public Safety. Any employee who has worked five years is entitled to longevity compensation each month equal to four dollars for each year of all continuous service up to a maximum of twenty-five years. The longevity compensation may not be affected by any other compensation and classification plan except that the secretary of public safety shall distribute the longevity compensation in the same manner and form as prescribed for other state employees in § 3-8-6.
Source: SDC 1939 § 44.0606; SL 1939, ch 179; SL 1978, ch 221; SL 2003, ch 272, § 21; SL 2024, ch 107, § 1.
32-2-11. Fund from which compensation is paid--Vouchers.
Compensation fixed under § 32-2-10 and expenses incurred by agents, patrolmen, and employees of the Division of Highway Patrol, and the salary of the superintendent, may be paid out of the state highway fund, and such payments shall be made upon vouchers properly executed and presented in the manner prescribed by law.
Source: SDC 1939, § 44.0606; SL 1939, ch 179; SL 1987, ch 214.
32-2-12. General duties of division.
Except as otherwise specifically provided, the Division of Highway Patrol is entrusted with the enforcement of all laws, police regulations, and rules governing the operation of motor vehicles and motor carriers.
Source: SDC 1939 § 44.0605.
