South Dakota Codified Laws. Title 20. Personal Rights and Obligations. Chapter 20-13. Human Rights.
20-13-23.1 . Right of disabled persons to equal treatment in public accommodations
20-13-23.2 . Disability--Service animal--Liability--Violation as misdemeanor
20-13-23.3 . Repealed by SL 1986, ch 170, § 19
20-13-23.4 . Right to keep guide dog in rented or leased residence-Violation as misdemeanor
Title 32. Motor Vehicles. Chapter 32-27. Pedestrians' Rights and Duties.
32-27-7 . Duty of motorist to stop for pedestrian carrying cane or guided by dog--Violation as misdemeanor
32-27-8 . Rights of blind persons not carrying cane or guided by dog-- Contributory negligence
Title 43. Property. Chapter 43-32. Lease of Real Property.
43-32-33. Service animal and disability defined
43-32-34. Landlord permitted to require documentation of disability requiring service animal--Exceptions
43-32-35. Service animal documentation requirements
43-32-36. Eviction for false claims of disability requiring service animal or fraudulent documentation--Damages
Links on other Pages to Harm to a Service Animal Provisions:
40-1-38. Harassment of service animal accompanying disabled person prohibited
40-1-39. Rebuttable presumption of maliciousness
40-1-40. Harassment defined--Malicious act defined
South Dakota Codified Laws. Title 20. Personal Rights and Obligations. Chapter 20-13. Human Rights.
Terms used in this chapter mean:
(1) “Commission,” the South Dakota State Commission of Human Rights;
(2) “Commissioner,” a member of the commission;
(3) “Court,” the circuit court in and for the judicial circuit of the State of South Dakota in which the alleged unfair or discriminatory practice occurred;
(4) “Disability,” a physical or mental impairment of a person resulting from disease, injury, congenital condition of birth, or functional disorder which substantially limits one or more of the person's major life functions; a record of having such an impairment; or being regarded as having such an impairment which:
(a) For purposes of §§ 20-13-10 to 20-13-17, inclusive, is unrelated to an individual's ability to perform the major duties of a particular job or position, or is unrelated to an individual's qualifications for employment or promotion;
(b) For purposes of §§ 20-13-20 to 20-13-21.1, inclusive, is unrelated to an individual's ability to acquire, rent or maintain property;
(c) For purposes of §§ 20-13-22 to 20-13-25, inclusive, is unrelated to an individual's ability to utilize and benefit from educational opportunities, programs and facilities at an educational institution.
This term does not include current illegal use of or addiction to marijuana as defined in subdivision 22-42-1(7) or a controlled substance as defined in subdivision 22-42-1(1);
(5) “Educational institution,” any public or private institution of education and includes an academy, college, elementary or secondary school, extension course, kindergarten, nursery, school system, and any business, nursing, professional, secretarial, technical, or vocational school, and includes any agent of such institutions;
(6) “Employee,” any person who performs services for any employer for compensation, whether in the form of wages, salary, commission, or otherwise;
(7) “Employer,” any person within the State of South Dakota who hires or employs any employee, and any person wherever situated who hires or employs any employee whose services are to be partially or wholly performed in the State of South Dakota;
(8) “Employment agency,” any person regularly undertaking, with or without compensation, to procure employees for an employer or to procure for employees opportunities to work for an employer and includes any agent of such a person;
(9) “Familial status,” the relationship of individuals by birth, adoption, or guardianship who are domiciled together;
(10) “Intern,” a student or trainee who works, sometimes without pay, at an organization, industry, trade, or occupation in order to gain work experience or earn academic credit;
(11) “Labor organization,” includes any person, employee representation committee, plan in which employees participate, or other organization which exists wholly or in part for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment;
(12) “Person,” includes one or more individuals, partnerships, associations, limited liability companies, corporations, unincorporated organizations, mutual companies, joint stock companies, trusts, agents, legal representatives, trustees, trustees in bankruptcy, receivers, labor organizations, public bodies, public corporations, and the State of South Dakota, and all political subdivisions and agencies thereof;
(13) “Public accommodations,” any place, establishment, or facility of whatever kind, nature, or class that caters or offers services, facilities, or goods to the general public for a fee, charge, or gratuitously. Public accommodation does not mean any bona fide private club or other place, establishment, or facility which is by its nature distinctly private, except when such distinctly private place, establishment, or facility caters or offers services, facilities, or goods to the general public for fee, charge, or gratuitously, it shall be deemed a public accommodation during such period of use;
(14) “Public service,” any public facility, department, agency, board, or commission, owned, operated, or managed by or on behalf of the State of South Dakota, any political subdivision thereof, or any other public corporation;
(15) “Real estate broker” and “real estate salesman,” real estate broker and real estate salesman as defined by § 36-21A-6 or as licensed pursuant to § 36-21A-47;
(16) “Real property,” any right, title, interest in or to the possession, ownership, enjoyment, or occupancy of any parcel of land, any building situated thereon, or any portion of such building;
(17) “Service animal in training,” any dog undergoing individual training to provide specific disability-related work or service for an individual with a disability. Dogs are recognized as being in training to provide disability-specific assistance only after they have completed basic obedience training and are housebroken;
(18) “Service animal trainer,” any person who trains service animals for individuals with disabilities as an employee, contractor, or volunteer of a nationally recognized service animal training program;
(19) “Unfair or discriminatory practice,” any act or attempted act which because of race, color, creed, religion, sex, ancestry, disability, or national origin accords unequal treatment or separation or segregation of any person, or denies, prevents, limits, or otherwise adversely affects, or if accomplished would deny, prevent, limit, or otherwise adversely affect, the benefit or enjoyment by any person of employment, labor union membership, housing accommodations, property rights, education, public accommodations, and public services.
Source: SL 1972, ch 11, § 2; SL 1973, ch 142, § 1; SL 1986, ch 170, §§ 2-3A; SL 1991, ch 179, § 5; SL 1994, ch 351, § 40; SL 2020, ch 70, § 1; SL 2020, ch 71, § 2.
20-13-23.1. Right of disabled persons to equal treatment in public accommodations
Any person with a disability is entitled to reasonably equal accommodations, advantages, facilities, and privileges of all hotels, lodging places, places of public accommodation, amusement or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.
Source: SL 1976, ch 153, § 1; SL 1986, ch 170, § 18.
20-13-23.2. Disability--Service animal--Liability--Violation as misdemeanor
Any person who is totally or partially physically disabled, totally or partially blind, totally or partially deaf, or has a psychiatric disability or mental disability may be accompanied by a service animal, especially trained for the purpose, in any of the places listed in § 20-13-23.1 without being required to pay an extra charge for the service animal.
A service animal trainer may be accompanied by a service animal in training wearing a collar and leash, harness, or cape that identifies the animal as a service animal in training, in any of the places listed in § 20-13-23.1 subject to any conditions and limitations established by law and applicable to service animals, without being required to pay an extra charge for the service animal in training.
However, the person with a disability or a service animal trainer is liable for any damage done to the premises or facilities by the service animal or service animal in training. Failure of any owner or employee of a place listed in § 20-13-23.1 to comply with the provisions of this section is a Class 2 misdemeanor.
Source: SL 1976, ch 153, § 2; SL 1980, ch 172, § 1; SL 1994, ch 160, § 1; SL 1995, ch 118, § 1; SL 2020, ch 71, § 1.
No landlord may prohibit by lease or otherwise the keeping of a service animal by a person who is totally or partially physically disabled, totally or partially blind, or totally or partially deaf in an apartment or other rented or leased residential property. A violation of this section is a Class 2 misdemeanor.
Source: SDCL § 20-13-23.2 as added by SL 1980, ch 172, § 1; SL 1994, ch 160, § 4; SL 1995, ch 118, § 2.
South Dakota Codified Laws. Title 32. Motor Vehicles. Chapter 32-27. Pedestrians' Rights and Duties.
Whenever a pedestrian is crossing or attempting to cross a public street or highway, guided by a guide dog or carrying in a raised or extended position a cane or walking stick which is white in color or white tipped with red, the driver of every vehicle approaching the intersection, or place where such pedestrian is attempting to cross, shall bring his vehicle to a full stop before arriving at such intersection or place of crossing, and before proceeding shall take such precautions as may be necessary to avoid injuring such pedestrian. A violation of this section is a Class 2 misdemeanor.
Source: SL 1949, ch 176, §§ 2, 4; SDC Supp 1960, §§ 44.0318-1, 44.9932; SDCL § 32-27-9; SL 1980, ch 232.
Nothing contained in § 32-27-6 or 32-27-7 shall be construed to deprive any totally or partially blind or otherwise incapacitated person, not carrying such a cane or walking stick or not being guided by a dog, of the rights and privileges conferred by law upon pedestrians crossing streets or highways, nor shall the failure of such totally or partially blind or otherwise incapacitated person to carry a cane or walking stick, or to be guided by a guide dog upon the streets, highways, or sidewalks of this state, be held to constitute nor be evidence of contributory negligence.
Source: SL 1949, ch 176, § 3; SDC Supp 1960, § 44.0318-1.
South Dakota Codified Laws. Title 43. Property. Chapter 43-32. Lease of Real Property.
For the purposes of §§ 43-32-34 to 43-32-36, inclusive, the term, service animal, refers to any animal that serves a role for an individual with a disability as an emotional support animal, any therapy animal, or any assistance animal, and the term, disability, is a physical or mental impairment that substantially limits one or more major life activities of a person.
Source: SL 2018, ch 259, § 1.
A landlord may require reliable supporting documentation be provided by a tenant of a rental dwelling unit, if the tenant asserts a disability requiring under any provision of law that a service animal or assistance animal be allowed as an accommodation on the rented premises. A landlord may not require supporting documentation from a tenant if the tenant's disability or disability-related need for a service animal or assistance animal is readily apparent or already known to the landlord.
Source: SL 2018, ch 259, § 2.
The supporting documentation shall confirm the tenant's disability and the relationship between the tenant's disability and the need for the requested accommodation. The documentation shall originate from a licensed health care provider who does not operate in this state solely to provide certification for service or assistance animals.
Source: SL 2018, ch 259, § 3.
If a person is found to have knowingly made a false claim of having a disability that requires the use of a service animal or assistance animal or of knowingly providing fraudulent supporting documentation in connection with such a claim, a lessor may evict a lessee and the lessor is entitled to a damage fee, not to exceed one thousand dollars, from a lessee if the lessee provides fraudulent disability documentation indicating a disability requiring the use of a service animal or assistance animal.
Source: SL 2018, ch 259, § 4.