ARSD Article 10:08 — REQUIREMENTS FOR USE OF CAPITOL COMPLEX PROPERTY OR FACILITIES -- TOBACCO USE PROHIBITEDI

HUMAN RESOURCES AND ADMINISTRATION HUMAN RESOURCES AND ADMINISTRATION

Chapter 10:08:01

ARSD 10:08:01:01 Definitions

Terms used in this chapter mean:

(1) "Capitol complex," any property, building, or structure owned by the State of South Dakota located in Pierre, South Dakota, which is operated or maintained by the Bureau of Human Resources and Administration;

(2) "Tobacco products," cigarettes, cigars, snuff, chewing tobacco, and other products made up or composed of tobacco.

History

• Source: 33 SDR 107, effective December 26, 2006; 52 SDR 46, effective October 27, 2025
• General Authority: SDCL 5-15-34.
• Law Implemented: SDCL 5-15-34

ARSD 10:08:01:02 Functions held on capitol complex -- Facility use request required

A "facility use request," is an application form provided by the Bureau of Human Resources and Administration upon which any person may request to use the capitol complex. The application form shall include information concerning the identity of the person sponsoring the event, function, or demonstration; the nature of the event, function, or demonstration; the services of the state required, if any; the length of the event, function, or demonstration; approximate area where the event, function, or demonstration will be conducted; and the approximate number of persons expected to attend. The application form shall also include a provision for requesting a waiver from the tobacco prohibition defined in § 10:08:01:03 and the reason for the request.

No person may hold any event, function, or demonstration on the capitol complex unless a facility use request has been submitted to and approved by the Bureau of Human Resources and Administration prior to the use or function to be held. If the Bureau of Human Resources and Administration approves the facility use request, a special use permit shall be issued to the person. The special use permit shall also include a provision on whether the waiver, if requested, from the tobacco prohibition was granted. Any person holding a function without an approved facility use request will be required to leave the capitol complex.

Copies of the facility use request may be obtained from the buildings and grounds office, 500 E. Capitol Avenue, and shall be filed with the Bureau of Human Resources and Administration at least seven business days before the event, function, or demonstration.

History

• Source: 33 SDR 107, effective December 26, 2006; 52 SDR 46, effective October 27, 2025.
• General Authority: SDCL 5-15-34.
• Law Implemented: SDCL 5-15-34

ARSD 10:08:01:03 Use of tobacco products prohibited

No tobacco products may be used or consumed on the capitol complex. Any person using or consuming tobacco products on the capitol complex will be required to leave the capitol complex. The commissioner of the Bureau of Human Resources and Administration may waive this provision pursuant to § 10:08:01:02 for special events, functions, or demonstrations held on the capitol complex.

History

• Source: 33 SDR 107, effective December 26, 2006; 52 SDR 46, effective October 27, 2025.
• General Authority: SDCL 5-15-34.
• Law Implemented: SDCL 5-15-34

ARSD 10:08:01:04 Removal of persons or entities from the capitol complex

The commissioner of the Bureau of Human Resources and Administration may remove any person or entity from the capitol complex, when in the commissioner's discretion, such person, based on his or her actions, poses a risk to the health, safety, or general welfare of the public.

History

• Source: 33 SDR 107, effective December 26, 2006; 52 SDR 46, effective October 27, 2025.
• General Authority: SDCL 5-15-34.
• Law Implemented: SDCL 5-15-34