South Dakota Codified Laws
Chapter 48A - Emergency Management
Section 34-48A-1 - Definitions.

34-48A-1. Definitions.
Terms used in this chapter mean:
(1)"Secretary," the secretary of the Department of Public Safety;
(2)"Disaster," any natural, nuclear, man-made, war- related, or other catastrophe producing phenomena in any part of the state which, in the determination of the Governor, causes damage of sufficient severity and magnitude to warrant all state assistance that is reasonably available, above and beyond emergency resource commitments;
(3)"Emergency," any natural, nuclear, man-made, war- related, or other catastrophe producing phenomena in any part of the state which in the determination of the Governor requires the commitment of less than all available state resources to supplement local efforts of political subdivisions of the state to save lives and to protect property, public health, and safety or to avert or lessen the threat of a disaster;
(4)"Emergency management," the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, repair injury and damage resulting from disasters caused by enemy attack, sabotage, or other hostile action, fire, flood, snowstorm, windstorm, tornado, cyclone, drought, earthquake, or other natural causes and provide for the relief of distressed humans and livestock in areas where such conditions prevail whether affecting all or only a portion of the state. These functions include, without limitation, fire fighting services, police services, medical and health services, hazardous materials, search and rescue, engineering, warning, communications, radiological, chemical, and other special weapons of defense, evacuation of persons or livestock, emergency welfare services, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian or livestock protection, together with other activities necessary or incidental to the preparation for any carrying out of the foregoing functions including cooperation with the federal government, county and tribal governments, national relief organizations, public or private organizations, and persons;
(5)"Emergency management worker," any full or part- time paid, volunteer or auxiliary employee of this state, or other state, territory, possession, or the District of Columbia, of the federal government, or any neighboring county, or of any political subdivision thereof, or of any agency or organization, performing services at any place in this state subject to the order or control of, or pursuant to a request of, the state government or any political subdivision thereof;
(6)"Hazardous material," any material, including but not limited to, explosives, flammable liquids, flammable compressed gas, flammable solids, oxidizing materials, poisons, corrosive materials, and radiological materials, the loss of control or mishandling of which could cause personal injury or death to humans or damage to property or the environment;
(7)"Local effort," the expenditure for emergency or disaster purposes within the twelve-month period preceding the date of the request, of an amount equal to two mills of the assessed valuation, exclusive of capital asset purchases, in each county for the assessment date preceding the date of the request under an emergency or disaster declaration by the Governor;
(8)"Local organization for emergency management," an organization created in accordance with the provisions of this chapter by state or local authority to perform local emergency management functions;
(9)"Political subdivision," counties, townships, Indian tribes, and municipalities; and
(10)"Search and rescue," the preparation and carrying out of search for and rescue of persons.

Source: SL 1949, ch 236, §3; SL 1951, ch 285, §3; SL 1955, ch 236, §2; SDC Supp 1960, §41.01C03; SL 1972, ch 188; SL 1977, ch 271, §1; SL 1985, ch 15, §41; SL 1989, ch 30, §59; SL 1992, ch 236, §1; SL 2004, ch 17, §185; SDCL §33-15-1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 34 - Public Health and Safety

Chapter 48A - Emergency Management

Section 34-48A-1 - Definitions.

Section 34-48A-2 - Policy and purpose.

Section 34-48A-3 - Coordination with federal government--Cooperation with other agencies.

Section 34-48A-4 - Employment of personnel--Expenditures.

Section 34-48A-5 - Authority of Governor in time of disaster, terrorist attack, or emergency.

Section 34-48A-5.2 - Governmental authority--Emergencies--Limitations related to firearms and weapons.

Section 34-48A-6 - Emergency co-ordination of resources by Governor.

Section 34-48A-7 - Powers and duties of workers from sending political subdivision.

Section 34-48A-8 - Reimbursement between political subdivisions co-operating.

Section 34-48A-9 - Power to make orders.

Section 34-48A-10 - Special permits for emergency movement of persons and property in lieu of other permits.

Section 34-48A-11 - Preparation of comprehensive plan--Coordination with federal plan.

Section 34-48A-12 - Contents of plan--Supplies and equipment--Cooperation with federal government--Agreements with other states--Distribution and allocation--Training and information programs.

Section 34-48A-13 - Municipalities to provide contact list of public officials to Division of Emergency Management--Contents.

Section 34-48A-14 - Municipalities to provide contact list of certain public employees to Division of Emergency Management.

Section 34-48A-15 - County commission to provide contact list of public officers and employees to Division of Emergency Management--Contents.

Section 34-48A-16 - Boards of supervisors to provide contact list of public officers and employees to Division of Emergency Management--Contents.

Section 34-48A-17 - Department of Public Safety to promulgate rules for emergency reporting procedures.

Section 34-48A-18 - Confidentiality of information.

Section 34-48A-19 - Mutual aid arrangements with other states and between political subdivisions.

Section 34-48A-20 - Cooperation with federal agencies--Mobilization of forces--Warning signals--Utility systems--Public meetings--Evacuation.

Section 34-48A-21 - Assignment of workers to reinforce local organization--Call to duty--Place of duty.

Section 34-48A-22 - Emergency management workers--Rights, duties, and compensation.

Section 34-48A-23 - Civil immunity of persons requested to assist with hazardous material incidents--Exceptions.

Section 34-48A-24 - Scope of immunity extends to employers and other responsible parties.

Section 34-48A-25 - Reimbursement of local governments for employees' expenses and damages.

Section 34-48A-26 - Duty to utilize already existing facilities.

Section 34-48A-27 - Secretary of public safety responsible for carrying out emergency management program.

Section 34-48A-28 - Special emergency and disaster special revenue fund.

Section 34-48A-29 - Credits to fund--Expenditures from fund.

Section 34-48A-30 - Minimum local effort required for state aid.

Section 34-48A-31 - County duty to assist local government subdivisions to meet local effort eligibility requirement.

Section 34-48A-32 - Amount of state financial assistance--Additional assistance authorized.

Section 34-48A-33 - State financial assistance paid from special emergency and disaster special revenue fund--Vouchers.

Section 34-48A-34 - Estimates of costs and certification of county needs--Excess assistance payments revert to fund.

Section 34-48A-35 - Scope of rules.

Section 34-48A-36 - Authority to accept federal moneys, services, or equipment--Conditions.

Section 34-48A-37 - Cooperation in implementation of federal Disaster Relief Act.

Section 34-48A-38 - Audit of project applications.

Section 34-48A-39 - County emergency management organizations.

Section 34-48A-40 - Director of local organization--Duties and powers.

Section 34-48A-41 - Contracting power of local subdivision--Obedience to mandatory constitutional requirements.

Section 34-48A-42 - County emergency management revenue fund.

Section 34-48A-43 - Matching federal moneys--Deferring local obligation.

Section 34-48A-44 - Local emergency management districts--Appropriations.

Section 34-48A-45 - Mutual aid arrangements of local organizations.

Section 34-48A-46 - Interstate mutual aid arrangements.

Section 34-48A-47 - Powers of emergency management workers outside local jurisdiction.

Section 34-48A-48 - District special emergency and disaster fund--Sources--Withdrawals.

Section 34-48A-49 - Emergency management as governmental function--Exceptions--Worker's compensation.

Section 34-48A-50 - Exemption from licensing requirements during emergency.

Section 34-48A-51 - Civil defense shelters on private property--Immunity from liability.

Section 34-48A-52 - Political activity by emergency management organization prohibited.

Section 34-48A-53 - Uniform Emergency Management Assistance Compact.

Section 34-48A-54 - State and Province Emergency Management Assistance Memorandum of Understanding.

Section 34-48A-55 - Search and rescue services--Costs--Limitation.