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) […]
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,” […]
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 […]
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. […]
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 […]
38-22-11. Enforcement of commission rules, regulations, processes, subpoenas, and orders. The rules, processes, subpoenas, and orders of the South Dakota Weed and Pest Control Commission may be enforced by any court of competent jurisdiction. Source: SL 1949, ch 437; SDC Supp 1960, §62.0303; SL 1983, ch 282, §13; SL 1986, ch 326, §50.
38-22-11.1. Promulgation of rules. The commission may promulgate rules pursuant to chapter 1-26: (1)To provide procedures for enforcement of weed and pest control; (2)To provide for records and reports; (3)To prescribe county weed and pest board activities; (4)To prescribe what constitutes a weed or pest; (5)To prescribe when an infestation constitutes a menace; and (6)To […]
38-22-12. Administration of state weed and pest program. The state weed and pest coordinator shall administer the state weed and pest program formulated by the South Dakota Weed and Pest Control Commission. Source: SL 1945, ch 349, §5; SDC Supp 1960, §62.0305; SL 1983, ch 282, §14.
38-22-13. Moving agricultural machinery without cleaning as misdemeanor. It is a Class 2 misdemeanor for any person to move any harvesting or portable seed cleaning or agricultural processing equipment or vehicles on which the equipment is transported into this state or from any field within the state in which it has been used to another […]
38-22-16. Infested land declared public nuisance–Protective operations by secretary. If any owner of weed or pest infested land fails to rid the land of such infestation and the secretary of agriculture and natural resources finds that such infestation is a menace to neighboring lands or to the state or its people he may declare such […]
38-22-16.1. Weeds or pests in any amount considered infestation. The existence of weeds or pests in any amount or quantity upon land is sufficient to determine that such land is infested. Source: SL 1970, ch 225, §2; SL 1983, ch 282, §17.
38-22-16.2. Property owner who allows spread of infestation of noxious weeds or mountain pine beetle responsible for remedy. If an infestation of noxious weeds or an infestation of mountain pine beetle spreads to adjacent private or public land, the person or entity owning the property from which the infestation spread is responsible for remedying the […]
38-22-17. Notice to owner of infested land–Service–Contents. No operations to rid lands of infestation may be undertaken pursuant to §38-22-16 until notice of the declaration that such infested land constitutes a nuisance has been given to the owner. Notice shall be given by personal service upon the owner, if a resident of this state, a […]
38-22-17.1. Noncompliance with orders as misdemeanor. It is a Class 2 misdemeanor for any owner, occupant, or other person who maintains or exercises control or management over land to fail to comply with any order of the secretary of agriculture and natural resources or the South Dakota Weed and Pest Control Commission to effectuate the […]
38-22-17.2. Intervention on federal land by State Weed and Pest Control Commission. If any agency of the United States fails or refuses to suppress weeds or pests on any land owned or controlled by such agency after receiving notice of such infestation by the county weed and pest board pursuant to this chapter, the South […]
38-22-18. Service of notice on nonresident owner of infested land. If the owner of infested land is not a resident of South Dakota, service of notice may be made by posting such notice at the courthouse in the county in which the land is situated, and by mailing to the last known address of the […]
38-22-19. Police powers of state personnel in enforcement of chapter. In the performance of their duties, pursuant to this chapter, the South Dakota Weed and Pest Control Commission, the secretary of agriculture and natural resources, his assistants, inspectors, agents, and employees are vested with police powers. Source: SL 1949, ch 437; SDC Supp 1960, §62.0308; […]
