South Dakota Codified Laws
Chapter 22 - Weed And Pest Control
Section 38-22-23.10 - Duties of board.

38-22-23.10. Duties of board.
The county weed and pest board shall:
(1)Implement and pursue an effective program for the control of weeds and pests;
(2)Hold regular meetings;
(3)Keep minutes of all meetings and a record of all official acts;
(4)Submit a yearly report to the Department of Agriculture and Natural Resources covering the activities of the board and submit reports to the board of county commissioners as the board may require;
(5)Employ supervisors and, if necessary, deputies;
(6)Make at least one annual inspection to determine the progress of weed and pest control within a county and make written reports covering the inspections available for public use; and
(7)Obtain competitive bids for any purchase in accordance with the requirements established by law for other county purchases.

Source: SL 1983, ch 282, §35; SL 1984, ch 266, §3; SL 1991, ch 327; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 38 - Agriculture and Horticulture

Chapter 22 - Weed And Pest Control

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

Section 38-22-1.2 - Definitions.

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

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

Section 38-22-1.5 - Composition of commission.

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

Section 38-22-1.7 - Functions of commission.

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

Section 38-22-5 - Meetings of commission--Election and terms of officers.

Section 38-22-6 - Appointment of state weed and pest coordinator.

Section 38-22-7 - Formulation of weed and pest program.

Section 38-22-8 - Cooperation with other state agencies--Functions of experiment station and extension service.

Section 38-22-9 - Determination and publication of lists of state weeds and pests.

Section 38-22-11 - Enforcement of commission rules, regulations, processes, subpoenas, and orders.

Section 38-22-11.1 - Promulgation of rules.

Section 38-22-12 - Administration of state weed and pest program.

Section 38-22-13 - Moving agricultural machinery without cleaning as misdemeanor.

Section 38-22-16 - Infested land declared public nuisance--Protective operations by secretary.

Section 38-22-16.1 - Weeds or pests in any amount considered infestation.

Section 38-22-16.2 - Property owner who allows spread of infestation of noxious weeds or mountain pine beetle responsible for remedy.

Section 38-22-17 - Notice to owner of infested land--Service--Contents.

Section 38-22-17.1 - Noncompliance with orders as misdemeanor.

Section 38-22-17.2 - Intervention on federal land by State Weed and Pest Control Commission.

Section 38-22-18 - Service of notice on nonresident owner of infested land.

Section 38-22-19 - Police powers of state personnel in enforcement of chapter.

Section 38-22-20 - Entry by state personnel not deemed trespass--Crop damage not assessed.

Section 38-22-21 - Certification to county auditor of cost of protective operations on infested land--Collection as taxes.

Section 38-22-22 - Responsibility for cost of operations on publicly owned land.

Section 38-22-22.1 - Responsibility for weed and pest control.

Section 38-22-23.1 - Meeting to appoint or provide for election of county weed and pest board--Notice.

Section 38-22-23.2 - Members of county weed and pest board--Number--Terms--Qualifications.

Section 38-22-23.3 - Time for selecting board.

Section 38-22-23.4 - Subsequent appointment or election of weed board.

Section 38-22-23.5 - Board member to be appointed or elected from first or second class municipality.

Section 38-22-23.6 - Removal of board members.

Section 38-22-23.7 - Initial officers of board--Election.

Section 38-22-23.8 - Compensation and expense allowances of board members.

Section 38-22-23.9 - Powers of board.

Section 38-22-23.10 - Duties of board.

Section 38-22-23.11 - Purchase, sale, and application of agricultural chemicals and poisons by board--Equipment--Labor.

Section 38-22-23.12 - Investigation of suspected land--Notice required for entry.

Section 38-22-23.13 - Resolution of board confirming infestation and stating remedial requirements--Service on owner--Termination of resolution.

Section 38-22-23.14 - Remedial action by board on owner's failure--Certification of expenses--Collection.

Section 38-22-23.15 - Responsibility for control costs on state lands.

Section 38-22-23.16 - Penalty for failure to reimburse board for requested operations.

Section 38-22-23.17 - Civil penalty for continued failure to perform minimum remedial requirements.

Section 38-22-24 - Expenditure of county funds.

Section 38-22-26 - Organization for weed and pest control prerequisite to appropriation.

Section 38-22-30 - Prosecution of violations--Collection and disposition of forfeitures and fines.

Section 38-22-31 - Prosecutions under drug laws not precluded.

Section 38-22-32 - Department assisting boards--Agreements with federal agencies--Employment and purchases authorized.

Section 38-22-33 - Transportation of plant products containing weed seed as misdemeanor.

Section 38-22-34 - Levy for weed and pest control programs in community--Administration by board.

Section 38-22-35 - Weed and pest control fund.

Section 38-22-36 - Funds for weed and pest control fund.

Section 38-22-38 - Expenditure of weed and pest control funds.