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South Dakota Senate Bill SB34

South Dakota 2025 Regular Session

South Dakota Senate Bill SB34 Compare Versions

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1-25.206.11 100th Legislative Session 34
1+25.206.10 100th Legislative Session 34
22
33
44 2025 South Dakota Legislature
55 Senate Bill 34
6-ENROLLED
7-
8-AN ACT
9-
10-
11-ENTITLED An Act to update the roles of the Department of Agriculture and Natural
12-Resources and the Department of Public Safety regarding burning and burn
13-permit issuing authority.
14-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
15-Section 1. That § 1-41-4 be AMENDED:
16-1-41-4. The Department of Agriculture and Natural Resources shall, under the
17-direction and control of the secretary of agriculture and natural resources, perform all the
18-functions of the Department of Agriculture created by chapters 38-1, 39-1, 40-37, 41-20,
19-54-13, and the functions of the former Department of Environment and Natural Resources
20-created by titles 34, 34A, 45, 46, and 46A, except the inspection functions vested in the
21-Department of Public Safety by §§ 34-39-3.1 and 39-1-1.1 and South Dakota Wildland
22-Fire functions vested in the Department of Public Safety by Executive Reorganization Order
23-2021-03.
24-Section 2. That § 34-35-17 be AMENDED:
25-34-35-17. Any United States forest service supervisor or the secretary of public
26-safety may, upon an application, issue a permit to a person to start an open fire within
27-the Black Hills Forest Fire Protection District, if the fire is not expected to endanger the
28-life or property of another. The permit may be denied if the climatic conditions or location
29-of the material to be burned is such that the burning would endanger the life or property
30-of others. A permit may be issued subject to conditions and restrictions, as necessary to
31-prevent the spread of the permitted fire, and may be revoked if changing conditions make
32-the burning unsafe.
33-Section 3. That § 34-35-18 be AMENDED: 25.206.11 2 34
34-SB34 ENROLLED
35-34-35-18. The secretary of public safety or the secretary's designee may set fires
36-in woods or prairie for the purposes of forest and range management, provided that
37-reasonable forces and equipment are available to suppress the spread of the fire. 25.206.11 3 34
38-SB34 ENROLLED
39-An Act to update the roles of the Department of Agriculture and Natural Resources and the
40-Department of Public Safety regarding burning and burn permit issuing authority.
41-
42-
43-
44-
45-I certify that the attached Act originated in
46-the:
47-
48-Senate as Bill No. 34
49-
50-
51-
52-Secretary of the Senate
53-
54-
55-
56-
57-President of the Senate
58-
59-Attest:
60-
61-
62-
63-
64-Secretary of the Senate
65-
66-
67-
68-
69-Speaker of the House
70-
71-Attest:
726
737
748
759
7610
77-Chief Clerk
7811
12+Introduced by: The Chair of the Committee on Agriculture and Natural Resources at the request of the Department
13+of Agriculture and Natural Resources
7914
80-
81-Senate Bill No. 34
82-File No. ____
83-Chapter No. ______
84-
85-
86-
87-Received at this Executive Office
88-this _____ day of _____________,
89-
90-2025 at ____________M.
91-
92-
93-
94-By
95-for the Governor
96-
97-
98-The attached Act is hereby
99-approved this ________ day of
100-______________, A.D., 2025
101-
102-
103-
104-
105-
106-Governor
107-
108-STATE OF SOUTH DAKOTA ,
109-ss.
110-Office of the Secretary of State
111-
112-
113-Filed ____________, 2025
114- at _________ o'clock __M.
115-
116-
117-
118-
119-
120-Secretary of State
121-
122-
123-
124-By
125-Asst. Secretary of State
126-
127-
15+ Underscores indicate new language.
16+ Overstrikes indicate deleted language.
17+An Act to update the roles of the Department of Agriculture and Natural Resources 1
18+and the Department of Public Safety regarding burning and burn permit 2
19+issuing authority. 3
20+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4
21+Section 1. That § 1-41-4 be AMENDED: 5
22+1-41-4. The Department of Agriculture and Natural Resources shall, under the 6
23+direction and control of the secretary of agriculture and natural resources, perform all the 7
24+functions of the Department of Agriculture created by chapters 38-1, 34-35, 39-1, 40-37, 8
25+41-20, 54-13, and all the functions of the former Department of Environment and Natural 9
26+Resources created by Title titles 34, 34A, 45, 46, and 46A, except the inspection functions 10
27+vested in the Department of Public Safety by §§ 34-39-3.1 and 39-1-1.1 and South Dakota 11
28+Wildland Fire functions vested in the Department of Public Safety by Executive 12
29+Reorganization Order 2021-03. 13
30+Section 2. That § 34-35-17 be AMENDED: 14
31+34-35-17. Any United States forest service supervisor or the secretary of 15
32+agriculture and natural resources public safety may issue a permit, upon an application, 16
33+issue a permit to any a person to start an open fire within the Black Hills Forest Fire 17
34+Protection District, if the fire is not expected to endanger the life or property of another. 18
35+The permit may be denied if the climatic conditions or location of the material to be burned 19
36+is such that the burning would endanger the life or property of others. A permit may be 20
37+issued subject to conditions and restrictions, as determined necessary to prevent the 21
38+spread of the fire permitted. A permit permitted fire, and may be revoked upon the change 22
39+of climatic or other if changing conditions which is determined to make the burning unsafe. 23
40+Section 3. That § 34-35-18 be AMENDED: 24 25.206.10 2 34
41+ Underscores indicate new language.
42+ Overstrikes indicate deleted language.
43+34-35-18. The secretary of agriculture and natural resources public safety or his 1
44+the secretary's designee may set fires in woods or prairie for the purposes of forest and 2
45+range management, provided that he has reasonable forces and equipment are available 3
46+to suppress the spread of the fire. 4