21.498.10 96th Legislative Session 0

2021 South Dakota Legislature

House Bill 1136

Introduced by: Representative Phil Jensen

An Act to revise the authority of the Department of Health as it relates to counties and municipalities.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

7-8-42. Authority--Preemption--Department of Health.

Nothing within this chapter grants authority to a board of county commissioners to supersede or preempt the authority of the Department of Health under chapter 34-22.

Section 2. That § 9-32-1 be AMENDED.

9-32-1. Promotion of health and suppression of disease.

Every Each municipality shall have power to may do what may be is necessary or expedient for the promotion of health or the suppression of disease. Nothing within this chapter grants authority to a municipality to supersede or preempt the authority of the Department of Health under chapter 34-22.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.