South Dakota Codified Laws
Chapter 22 - Weed And Pest Control
Section 38-22-31 - Prosecutions under drug laws not precluded.

38-22-31. Prosecutions under drug laws not precluded.
The penalties provided in this chapter are not intended, nor may they be used, to prevent prosecution for the violation of any of the provisions of chapter 34-20B or chapter 39-15.

Source: SL 1970, ch 225, §4; SL 1983, ch 282, §47.

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.