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CHAPTER 2-16

CODES AND COMPILATIONS

2-16-1    2-16-1, 2-16-2. Omitted.

2-16-3    Code Commission established--Composition and appointment of members--Vacancies.

2-16-3.1    2-16-3.1 to 2-16-4.1. Executed.

2-16-4.2    Officers of commission--Meetings and hearings.

2-16-5    Compensation of commission members--Employment of personnel and incurring of expense.

2-16-5.1    Gifts and contributions to commission--Expenditure.

2-16-5.2    Assistance, space, and facilities for commission.

2-16-6    Supplements and reprinted volumes to be provided for--Contents.

2-16-7    Specifications, advertising and award of contract for publication.

2-16-7.1    Continuation of contract with publisher of code.

2-16-7.2    Advertising for bids for publications.

2-16-8    Copyrights of material--Contract for use of state's copyright.

2-16-8.1    Restriction on printing or distributing copyrighted material in code--Violation as misdemeanor.

2-16-9    Arrangement, correlation, and text changes in code.

2-16-9.1    Continuing authority of commission on assimilation of laws into code.

2-16-9.2    2-16-9.2. Repealed by SL 1988, ch 24, § 8.

2-16-10    2-16-10. Repealed by SL 1988, ch 24, § 9.

2-16-10.1    Additional powers of commission.

2-16-10.2    South Dakota Codified Laws provided to Legislature--Codified Laws and Administrative Rules provided to legislators.

2-16-10.3    Disposal of obsolete materials.

2-16-11    2-16-11. Repealed by SL 1970, ch 15, § 6.

2-16-12    Supplements and revised volumes official after publication--Prima facie evidence of law--Citation.

2-16-13    Publications constituting official code.

2-16-13.1    Editorial material and appendices excluded from official code.

2-16-14    Code as continuation of prior law.

2-16-15    Invalid laws not validated by codification.

2-16-16    Statutes enacted at latest legislative session prevail over code--Citation of codified laws.

2-16-17    Official copy of code of laws--Certification.

2-16-18    Citation of code.

2-16-19    Publication of code on computer media.

2-16-20    2-16-20 to 2-16-23. Transferred to §§ 2-6-20 to 2-6-23.


2-16-1
     2-16-1, 2-16-2.   Omitted.


2-16-3Code Commission established--Composition and appointment of members--Vacancies.

The South Dakota Code Commission shall consist of one member of the South Dakota Senate appointed by the president pro tempore, one member of the South Dakota House of Representatives appointed by the speaker of the house, and two members of the State Bar of South Dakota to be appointed by the state bar president and one member appointed by the Executive Board of the Legislative Research Council. The legislators shall be appointed for two-year terms. The two members of the state bar shall be appointed for four-year terms. The member appointed by the Executive Board of the Legislative Research Council shall serve a two-year term. Any appointed member of the commission may, upon the expiration of the member's term, be reappointed at the discretion of the appointing authority. If a vacancy occurs, the authority designated to make the original appointment shall fill any vacancy by appointment of a person qualified under the provisions of this section.

Source: SL 1966, ch 239, § 1; SL 1970, ch 18, § 1; SL 1985, ch 17, § 15; SL 1995, ch 13, § 4; SL 1995, ch 14, § 1.


2-16-3.1
     2-16-3.1 to 2-16-4.1.   Executed.


2-16-4.2Officers of commission--Meetings and hearings.

The Code Commission shall organize by electing a chairman, vice-chairman, and such other officers from its membership as it may deem necessary, and shall hold meetings and hearings at such times and places as it may designate to accomplish the purposes of this chapter.

Source: SL 1970, ch 18, § 3.


2-16-5Compensation of commission members--Employment of personnel and incurring of expense.

The code counsel shall receive no compensation other than his salary provided by law. The Code Commission may employ such personnel and incur such expense as may be required to perform its duties and may lease or purchase equipment and services to provide for a supervised statutory retrieval system for all departments of government engaged in research and revision of the Constitution and laws of this state.

The expenses of the commission shall be paid on warrants drawn by the state auditor on vouchers approved by the chairman of the commission.

Source: SL 1966, ch 239, § 2; SL 1969, ch 219, § 3.


2-16-5.1Gifts and contributions to commission--Expenditure.

In addition to state appropriated funds, the Code Commission is authorized to accept and expend any funds which it might obtain from any gift or contribution or any other source, public or private, for said purposes.

Source: SL 1970, ch 18, § 4.


2-16-5.2Assistance, space, and facilities for commission.

The director of the State Legislative Research Council and the code counsel are hereby charged with the duty of assisting the Code Commission within such limitations as it may prescribe and to provide space for its supplies and to make available the facilities of the council for its meetings. The director shall also supervise the secretarial functions of the commission and otherwise assist it to the extent feasible.

Source: SL 1970, ch 18, § 6.


2-16-6Supplements and reprinted volumes to be provided for--Contents.

The Code Commission shall:

(1)    Provide for supplements to, and reprinted volumes of, the code of laws enacted by § 2-16-13;

(2)    Determine the contents of the code supplements and reprinted volumes which shall include but not be limited to:

(a)    The United States Constitution;

(b)    The South Dakota Constitution;

(c)    The South Dakota statutes;

(d)    Executive orders enacted pursuant to S.D. Const., Art. IV, § 8;

(e)    Supreme Court rules adopted pursuant to S.D. Const., Art. V, § 12;

(f)    Circuit court rules adopted pursuant to §§ 15-6-83 and 23A-45-12;

(g)    Case annotations of the reported decisions of South Dakota, the federal courts, and other state courts construing and interpreting the South Dakota Constitution and statutes, which shall be placed, wherever possible, immediately following the text of the sections being construed;

(h)    Other executive orders with a continuing and statewide effect; and

(i)    Such special and collateral references as the commission may determine necessary for a complete and useful code;

(3)    Determine the physical arrangements and other matters pertaining to the publication of the code.

Source: SL 1966, ch 239, § 3; SL 1988, ch 24, § 4.


2-16-7Specifications, advertising and award of contract for publication.

Notwithstanding chapters 5-18A and 5-18D, the South Dakota Code Commission may draft specifications for material authorized for publication by § 2-16-6 and advertise for and accept bids from editorial, printing, and publishing companies for production of all material authorized by this chapter. The advertisement for bids shall be published twice in at least three newspapers of general circulation in different parts of the state, and in such additional manner as the commission may determine. The terms and conditions of the bids shall be prescribed by the commission. Each contract shall be awarded to the lowest bidder which, in the opinion of the commission, is the best bid consistent with the quality of editorial services, printing, paper, binding, expeditious service and the best interests of the state. If the contract for editorial services is separate from the contract for printing, the specifications shall be drawn in such a manner as not to exclude South Dakota printing firms.

Source: SL 1966, ch 239, § 4 (1); SL 1988, ch 24, § 5; SL 2011, ch 2, § 110.


2-16-7.1Continuation of contract with publisher of code.

The Code Commission may continue the contract for the publication of the South Dakota Codified Laws with West, a Thomson Reuters Business and its successors in interest. The Code Commission may contract with that publisher or other publishers, editorial services and printers for continuing editorial work and printing to assure continuity in editorial preparation, printing and binding of supplements and replacement volumes to the code enacted by § 2-16-13 for a term not exceeding five years. The Code Commission may, on negotiation, extend the current contract for a term not exceeding two years so long as the commission deems it to the advantage and best interests of the state.

Source: SL 1969, ch 219, § 6; SL 1972, ch 15, § 1; SL 1988, ch 24, § 6; SL 2005, ch 10, § 42; SL 2014, ch 15, § 1.


2-16-7.2Advertising for bids for publications.

The Code Commission may advertise for bids for the production of material authorized for publication by the Legislature including, but not limited to, bulk or other revisions, compilations and supplementations to the South Dakota code.

Source: SL 1970, ch 18, § 7.


2-16-8Copyrights of material--Contract for use of state's copyright.

The South Dakota Code Commission shall provide the material authorized for publication by § 2-16-6 will be copyrighted by the State of South Dakota, in the name of the State of South Dakota. The commission may contract with printers, publishers, and computer retrieval companies for use of the state's copyright.

Source: SL 1966, ch 239, § 4 (2); SL 1988, ch 24, § 7.


2-16-8.1Restriction on printing or distributing copyrighted material in code--Violation as misdemeanor.

Except as authorized by federal copyright law, no person may print or distribute copyrighted material from the South Dakota Codified Laws without the express authorization of the Code Commission. A violation of this section is a Class 2 misdemeanor.

Source: SL 1984, ch 10, § 2; SL 1992, ch 158, § 2; SL 1995, ch 14, § 2.


2-16-9Arrangement, correlation, and text changes in code.

The South Dakota Code Commission is hereby authorized to make such changes as may be necessary to correct apparent errors, to correlate and integrate all the laws to harmonize, to assign new title and other designations, to eliminate or clarify obviously obsolete or ambiguous sections that exist, and to substitute terms or phraseology, and names of boards, commissions, and agencies, wherever the Legislature has expressly or by implication indicated an intention to do so, so as to provide consistency in the law.

Source: SL 1966, ch 239, § 4 (4); SL 1967, ch 265.


2-16-9.1Continuing authority of commission on assimilation of laws into code.

The Code Commission shall have continuing authority to act as provided in § 2-16-9 to assimilate laws of a permanent nature enacted in 1968 and subsequent sessions into the arrangement adopted in the South Dakota Compiled Laws of 1967.

Source: SL 1969, ch 219, § 4.


2-16-9.2
     2-16-9.2.   Repealed by SL 1988, ch 24, § 8.


2-16-10
     2-16-10.   Repealed by SL 1988, ch 24, § 9.


2-16-10.1Additional powers of commission.

In addition to those set forth in this chapter, the Code Commission shall have the following powers and duties:

(1)    To advise, assist, and consult with the code counsel regarding any function, power, or duty conferred by law upon said code counsel;

(2)    To undertake such substantive or bulk revisions, compilations and supplements to the South Dakota code as may be directed by the Legislature or as may be incidental to the assistance of the code counsel as provided in subdivision (1) of this section;

(3)    To make such recommendations to the Legislature as to the laws of this state as it shall determine to be necessary and desirable for the general improvement of this state's laws and to direct the code counsel to prepare such bills as are appropriate to implement such recommendations;

(4)    To contract for replacement of volumes whenever such volumes, with the cumulative pocket parts, become too voluminous for practical use; and

(5)    To do all things which are consistent with the purpose of this chapter and deemed necessary by it.

Source: SL 1970, ch 18, § 5.


2-16-10.2. South Dakota Codified Laws provided to Legislature--Codified Laws and Administrative Rules provided to legislators.

The Code Commission shall provide the Legislature with sets of the South Dakota Codified Laws. The Code Commission may provide each legislator with a copy of the South Dakota Codified Laws, the Administrative Rules of South Dakota and other information in a digital format.

Source: SL 1988, ch 24, § 10; SL 2009, ch 18, § 2; SL 2020, ch 11, § 9.


2-16-10.3Disposal of obsolete materials.

State officers and employees may dispose of volumes of, and supplements to, the South Dakota Codified Laws which are obsolete due to reprinting.

Source: SL 1988, ch 24, § 11.


2-16-11
     2-16-11.   Repealed by SL 1970, ch 15, § 6.


2-16-12Supplements and revised volumes official after publication--Prima facie evidence of law--Citation.

Upon the publication under the supervision of the South Dakota Code Commission, of any revised volume of, or supplement to, the code enacted by § 2-16-13, such revision or supplement shall be in force as prima facie evidence of the laws contained therein, and may be cited as SDCL or as the code or South Dakota Codified Laws.

Source: SL 1966, ch 239, § 5; SL 1976, ch 31, § 1; SL 1978, ch 23, § 1.


2-16-13. Publications constituting official code.

The official code of laws of the State of South Dakota, which may be referred to as the code, consists of all the statutes of a general and permanent nature contained in:

(1)    The 2018 revision of volume 1;

(2)    The 2012 revision of volume 2;

(3)    The 2013 revision of volume 3;

(4)    The 2004 revision of volume 4;

(5)    The 2004 revision of volume 5;

(6)    The 2004 revision of volume 6;

(7)    The 2010 revision of volume 7;

(8)    The 2018 revision of volume 8;

(9)    The 2018 revision of volume 9;

(10)    The 2014 revision of volume 10;

(11)    The 2014 revision of volume 10A;

(12)    The 2014 revision of volume 11;

(13)    The 2016 revision of volume 12;

(14)    The 2004 revision of volume 13;

(15)    The 2017 revision of volume 14;

(16)    The 2016 revision of volume 15;

(17)    The 2013 revision of volume 16;

(18)    The 2016 revision of volume 17;

(19)    The 2004 revision of volume 18;

(20)    The 2011 revision of volume 19;

(21)    The 2011 revision of volume 19A;

(22)    The 2011 revision of volume 20;

(23)    The 2013 revision of volume 21;

(24)    The 2015 revision of volume 22;

(25)    The 2015 revision of volume 22A;

(26)    The 2004 revision of volume 23;

(27)    The 2004 revision of volume 24;

(28)    The 2004 revision of volume 25;

(29)    The 2004 revision of volume 26;

(30)    The 2007 revision of volume 27;

(31)    The 2004 revision of volume 28;

(32)    The 2017 revision of volume 29;

(33)    The 2012 revision of volume 30;

(34)    The 2012 revision of volume 31;

(35)    The 2019 revision of volume 32;

(36)    The 2019 revision of volume 33;

(37)    The 2015 revision of volume 34;

(38)    The 2004 revision of the Parallel Tables volume;

(39)    The December 2019 Interim Annotation Service of the South Dakota Codified Laws beginning with Title 1, chapter 1-1 and ending with Title 62, chapter 62-9; and

(40)    The 2019 cumulative annual pocket parts and supplementary pamphlet.

Source: SL 1970, ch 17, § 1; SL 1972, ch 14, § 2; SL 1974, ch 28, § 2; SL 1975, ch 27, § 2; SL 1976, ch 29, § 1; SL 1977, ch 25, § 1; SL 1978, ch 23, § 2; SL 1979, ch 17, § 1; SL 1980, ch 25, § 1; SL 1981, ch 19, § 1; SL 1982, ch 27, § 1; SL 1983, ch 11, § 1; SL 1984, ch 18, § 1; SL 1985, ch 18, § 1; SL 1986, ch 26, § 1; SL 1987, ch 28, § 1; SL 1988, ch 26, § 1; SL 1989, ch 31, § 1; SL 1990, ch 29, § 1; SL 1991, ch 25, § 1; SL 1992, ch 25, § 1; SL 1993, ch 33, § 1; SL 1994, ch 30, § 1; SL 1995, ch 15, § 1; SL 1996, ch 23, § 1; SL 1997, ch 22, § 1; SL 1998, ch 12, § 1; SL 1999, ch 10, § 1; SL 2000, ch 22, § 1; SL 2001, ch 20, § 1; SL 2002, ch 20, § 1; SL 2003, ch 22, § 1; SL 2004, ch 31, § 1; SL 2005, ch 23, § 1; SL 2006, ch 14, § 1; SL 2007, ch 18, § 1; SL 2008, ch 18, § 1; SL 2009, ch 19, § 1; SL 2010, ch 18, § 1; SL 2011, ch 18, § 1; SL 2012, ch 22, § 1; SL 2013, ch 18, § 1; SL 2014, ch 16, § 1; SL 2015, ch 19, § 1; SL 2016, ch 29, § 1; SL 2017, ch 21, § 1; SL 2018, ch 31, § 1; SL 2019, ch 16, § 1; SL 2020, ch 9, § 1.


2-16-13.1Editorial material and appendices excluded from official code.

The code does not include:

(1)    Material set off by overstrikes to show the effect of legislative deletions;

(2)    Prefatory subject matter, analyses, catchlines, notes, annotations, appendices, references, tables, and indices;

(3)    The list of forms appearing as an appendix to chapters 15-6 and 15-26A and to Title 23A;

(4)    The rules of procedure of the judicial qualifications commission appearing as an appendix to chapter 16-1A;

(5)    The code of judicial conduct appearing as an appendix to chapter 16-2;

(6)    The Rules of Professional Conduct appearing as an appendix to chapter 16-18;

(7)    The regulations of the board of bar examiners appearing as an appendix to chapter 16-16; and

(8)    The standards of title appearing as an appendix to chapter 43-30.

Source: SL 1984, ch 18, § 2; SL 1989, ch 30, § 9.


2-16-14Code as continuation of prior law.

The provisions of this code, so far as they are the same as those of existing laws, shall be construed as a continuation of those laws and not as new enactments.

Source: SL 1970, ch 17, § 3.


2-16-15. Invalid laws not validated by codification.

No provision of the code enacted by § 2-16-13, as to which any action or proceeding, civil or criminal, has been commenced prior to July 1, 2020, to determine whether or not such provision was constitutionally enacted, is validated by the enactment of this code.

The enactment of the code:

(1)    Does not affect the validity of any transaction;

(2)    Does not impair the curative or legalizing effect of any statute; and

(3)    Does not release or extinguish any penalty, confiscation, forfeiture, or liability; which accrued, occurred, or took effect prior to the time the code took effect.

Source: SL 1970, ch 17, § 3; SL 1972, ch 14, § 3; SL 1974, ch 28, § 3; SL 1975, ch 27, § 3; SL 1976, ch 29, § 2; SL 1977, ch 25, § 2; SL 1978, ch 23, § 3; SL 1979, ch 17, § 2; SL 1980, ch 25, § 2; SL 1981, ch 19, § 2; SL 1982, ch 27, § 2; SL 1983, ch 11, § 2; SL 1984, ch 18, § 3; SL 1985, ch 18, § 2; SL 1986, ch 26, § 2; SL 1987, ch 28, § 2; SL 1988, ch 26, § 2; SL 1989, ch 31, § 2; SL 1990, ch 29, § 2; SL 1991, ch 25, § 2; SL 1992, ch 25, § 2; SL 1993, ch 33, § 2; SL 1994, ch 30, § 2; SL 1995, ch 15, § 2; SL 1997, ch 22, § 2; SL 1998, ch 12, § 2; SL 1999, ch 10, § 2; SL 2000, ch 22, § 2; SL 2001, ch 20, § 2; SL 2002, ch 20, § 2; SL 2003, ch 22, § 2; SL 2004, ch 31, § 2; SL 2005, ch 23, § 2; SL 2006, ch 14, § 2; SL 2007, ch 18, § 2; SL 2008, ch 18, § 2; SL 2009, ch 19, § 2; SL 2010, ch 18, § 2; SL 2011, ch 18, § 2; SL 2012, ch 22, § 2; SL 2013, ch 18, § 2; SL 2014, ch 16, § 2; SL 2015, ch 19, § 2; SL 2016, ch 29, § 2; SL 2017, ch 21, § 2; SL 2018, ch 31, § 2; SL 2019, ch 16, § 2; SL 2020, ch 9, § 2.


2-16-16. Statutes enacted at latest legislative session prevail over code--Citation of codified laws.

All statutes, other than this code, enacted at the 2020 session of the Legislature shall be deemed to have been enacted subsequently to the enactment of this code. If any statute repeals, amends, contravenes, or is inconsistent with the provisions of this code, the provisions of the statute shall prevail. Any enactment in the 2020 session of the Legislature that cites South Dakota Codified Laws for the purpose of amendment or repeal shall be construed as having reference to the code enacted by § 2-16-13.

Source: SDC 1939, § 65.0202(23); SDCL § 2-14022; SL 1970, ch 17, § 4; SL 1972, ch 14, § 4; SL 1974, ch 28, § 4; SL 1975, ch 27, § 4; SL 1976, ch 29, § 3; SL 1977, ch 25, § 3; SL 1978, ch 23, § 4; SL 1979, ch 17, § 3; SL 1980, ch 25, § 3; SL 1981, ch 19, § 3; SL 1982, ch 27, § 3; SL 1983, ch 11, § 3; SL 1984, ch 18, § 4; SL 1985, ch 18, § 3; SL 1986, ch 26, § 3; SL 1987, ch 28, § 3; SL 1988, ch 26, § 3; SL 1989, ch 31, § 3; SL 1990, ch 29, § 3; SL 1991, ch 25, § 3; SL 1992, ch 25, § 3; SL 1993, ch 33, § 3; SL 1994, ch 30, § 3; SL 1995, ch 15, § 3; SL 1996, ch 23, § 2; SL 1997, ch 22, § 3; SL 1998, ch 12, § 3; SL 1999, ch 10, § 3; SL 2000, ch 22, § 3; SL 2001, ch 20, § 3; SL 2002, ch 20, § 3; SL 2003, ch 22, § 3; SL 2004, ch 31, § 3; SL 2005, ch 23, § 3; SL 2006, ch 14, § 3; SL 2007, ch 18, § 3; SL 2008, ch 18, § 3; SL 2009, ch 19, § 3; SL 2010, ch 18, § 3; SL 2011, ch 18, § 3; SL 2012, ch 22, § 3; SL 2013, ch 18, § 3; SL 2014, ch 16, § 3; SL 2015, ch 19, § 3; SL 2016, ch 29, § 3; SL 2017, ch 21, § 3; SL 2018, ch 31, § 3; SL 2019, ch 16, § 3; SL 2020, ch 9, § 3.


2-16-17Official copy of code of laws--Certification.

A copy of the code of laws enacted by § 2-16-13 shall be kept in the Office of the Secretary of State, to which copy that officer shall affix a certificate, under her hand and the seal of the state, that the laws therein contained are the statute laws of the State of South Dakota; and that certified copy shall be an authentic record of those laws.

Source: SL 1970, ch 17, § 5; SL 1972, ch 14, § 5; SL 1974, ch 28, § 5; SL 1975, ch 27, § 5.


2-16-18Citation of code.

The code enacted into law by § 2-16-13, and as hereafter amended and supplemented and printed and published pursuant to law, shall be known as the South Dakota Codified Laws and may be cited as "SDCL" followed by the number of the title, chapter, or section, as appropriate.

Source: SL 1970, ch 17, § 6; SL 1976, ch 31, § 2.


2-16-19Publication of code on computer media.

The Code Commission may publish and sell, or contract with the publisher of the printed code, or others, exclusively or not exclusively, for the publication and sale of, with or without compensation, the South Dakota Codified Laws on media which can be read by data processing equipment, including magnetic tapes and disks and CD-ROM discs.

Any publication made by the Code Commission authorized by this section shall be distributed by the Bureau of Administration at prices set by the Code Commission, which shall include mailing costs.

The commission may also authorize, and set the price for, private searches on the commission's statute and administrative rules data bases on the state's mainframe computer.

Source: SL 1991, ch 26.


2-16-20
     2-16-20 to 2-16-23.   Transferred to §§ 2-6-20 to 2-6-23.


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