38-22-1.1. Administration of commission under department supervision--Independent functions retained by commission.

The South Dakota Weed and Pest Control Commission shall be administered under the direction and supervision of the department and the secretary of agriculture and natural resources. The commission retains the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions (as defined in § 1-32-1) otherwise vested in it and may exercise those functions independently of the secretary.

Source: SL 1973, ch 2, § 193; SL 1983, ch 282, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

38-22-1.2. Definitions.

Terms used in this chapter mean:

(1)    "Agricultural chemical," any material used to control or eradicate weeds or pests;

(2)    "Board," any county weed and pest board;

(3)    "Board member area," a geographical area within a county from which a member of the board is appointed;

(4)    "Commission," the South Dakota Weed and Pest Control Commission;

(5)    "Control," the prevention or limiting of the growth, spread, or development of weeds or pests;

(6)    "Department," the State Department of Agriculture and Natural Resources;

(7)    "Pest," any rodent, bird, other than a game bird or a state or federally protected bird, insect, or nematode which the commission has found to be detrimental to the production of crop or livestock or to the welfare of persons residing within the state. Prairie dogs are included in the definition of a pest if all of the following conditions apply:

(a)    Sylvatic plague has been reported in any prairie dog colony east of the Rocky Mountains;

(b)    The South Dakota Department of Game, Fish and Parks has determined that the population of prairie dogs within the state, including tribal lands, exceeds the one hundred forty-five thousand acre level;

(c)    Prairie dogs are colonizing on lands where the prairie dogs are unwanted by the owner of the impacted land;

(d)    Lands adjacent to the impacted owner's land do not have a maintained one-mile buffer zone, or other mutually agreed border, in which prairie dog control is applied; and

(i)    The owner of the impacted land has filed a written complaint of encroachment requesting mitigation or abatement with the South Dakota Department of Agriculture and Natural Resources and served a copy upon the owner of adjoining lands from which the prairie dogs are encroaching; or

(ii)    The owner of the impacted land has filed a written complaint of the encroachment with the county weed and pest board;

(8)    "Pesticide," a substance or mixture of substances for preventing, destroying, repelling, or mitigating any pest or any substance or mixture of substances intended for use as a plant regulatory, defoliant, or desiccant or any substance or mixture of substances intended to be used as a spray adjuvant;

(9)    "Secretary," the state secretary of the Department of Agriculture and Natural Resources;

(10)    "Supervisor," any person appointed or employed by a board for the purpose of carrying out the provisions of this chapter;

(11)    "Weed," any plant which the commission has found to be detrimental to the production of crops or livestock or to the welfare of persons residing within the state.

Source: SL 1983, ch 282, § 1; SL 1989, ch 345, § 1; SL 2005, ch 212, § 1; SL 2007, ch 228, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

38-22-1.3. State Weed and Pest Control Commission abolished.

The State Weed and Pest Control Commission established in this chapter is abolished.

Source: SL 1987, ch 393 (Ex. Ord. 87-4), § 19.

38-22-1.4. South Dakota Weed and Pest Control Commission established.

There is established the South Dakota Weed and Pest Control Commission.

Source: SL 1987, ch 393 (Ex. Ord. 87-4), § 20.

38-22-1.5. Composition of commission.

The South Dakota Weed and Pest Control Commission consists of the following members: the secretary of agriculture and natural resources or a designee and the dean of the college of agriculture and biological sciences of South Dakota State University or a designee who shall serve as nonvoting members, the secretary of transportation or a designee, the secretary of game, fish and parks or a designee, the commissioner of school and public lands or a designee, a member of the South Dakota Association of County Commissioners to be appointed by that association, and five members appointed by the Governor as provided in § 38-22-1.6.

Source: SL 1987, ch 393 (Ex. Ord. 87-4), § 21; SL 2002, ch 189, § 1; SL 2010, ch 199, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

38-22-1.6. Nomination of appointive members of commission--Areas represented--Length of terms.

The five members of the South Dakota Weed and Pest Control Commission appointed by the Governor shall be selected from a list of nominees presented by the State Association of County Weed and Pest Boards, who shall submit at least three names for each appointment. One member from District I shall reside within the counties of Beadle, Brookings, Brown, Clark, Codington, Day, Deuel, Edmunds, Faulk, Grant, Hamlin, Hand, Hyde, Kingsbury, Marshall, McPherson, Roberts, or Spink; one member from District II shall reside within the counties of Aurora, Bon Homme, Brule, Buffalo, Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, Jerauld, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, or Yankton; one member from District III shall reside within the counties of Bennett, Campbell, Corson, Dewey, Gregory, Haakon, Hughes, Jackson, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, Tripp, Walworth, or Ziebach; and one member from District IV shall reside within the counties of Butte, Custer, Fall River, Harding, Lawrence, Meade, Oglala Lakota, Pennington, or Perkins; and one additional South Dakota resident shall be appointed by the Governor to serve as an at-large member of the commission selected from a list of names representing one individual from each district. The term of each member appointed pursuant to this section shall be for no more than two consecutive four-year terms with the exception of the initial appointments which shall be made as follows: District I for a one-year term, District II for a two-year term, District III for a three-year term, and District IV for a four-year term. As the term of any gubernatorial member expires, a new member shall be appointed from the district for a period of four years. If a vacancy occurs in any of the terms, the Governor may appoint a successor in the manner described in this section to complete the term.

Source: SL 1987, ch 393 (Ex. Ord. 87-4), § 22; SL 2010, ch 199, § 2; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.

38-22-1.7. Functions of commission.

The South Dakota Weed and Pest Control Commission shall perform all of the functions and have all of the responsibilities of the former State Weed and Pest Control Commission established in this chapter.

Source: SL 1987, ch 393 (Ex. Ord. 87-4), § 23.

38-22-1.8. End of current terms--Commencement of new terms--Term limits.

The terms of the appointed members of the South Dakota Weed and Pest Control Commission in office on July 1, 2010, continue until January 1, 2011, at which time their terms end. The Governor shall appoint five members pursuant to § 38-22-1.6. Terms for those members shall begin on January 1, 2011. The appointments may include former or currently serving commission members. No term previous to the reformulation of the commission pursuant to SL 2010, ch 199 may be considered in regard to term limitations.

Source: SL 2010, ch 199, § 3.