State of South Dakota
LEGISLATIVE ASSEMBLY, 2013
SENATE ENGROSSED NO. HB 1208 - 02/27/2013
Introduced by: Representatives Mickelson, Carson, Conzet, Craig, Cronin, Duvall, Erickson,
Haggar (Don), Hajek, Hansen, Miller, Otten (Herman), Westra, Wick, and
Wink and Senators White, Heineman (Phyllis), Krebs, Rhoden, Tidemann,
FOR AN ACT ENTITLED, An Act to prohibit the release of medical waste and to provide a
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 34A-6 be amended by adding thereto a NEW SECTION to read as
For purposes of this chapter, medical waste means disposable equipment, instruments,
utensils, human tissue, laboratory waste, blood specimens, or other substances that could carry
pathogenic organisms but shall exclude household waste including medical waste generated at
a private residence.
Section 2. That chapter 34A-6 be amended by adding thereto a NEW SECTION to read as
A person, as defined in subdivision 22-1-2(31), but excluding any natural person is guilty
of unlawful release of medical waste if the person with negligence engages in conduct which
causes the release of medical waste to a recycling disposal destination. Unlawful release of
medical waste is a Class 2 misdemeanor.
Section 3. No hauler or transporter of waste may be prosecuted for unlawful release of
medical waste under section 2 of this Act unless the hauler or transporter of waste had actual
knowledge that medical waste had been placed in the hauler or transporter's dumpster by another
person before the waste was released to the recycling center.