South Dakota Smoking laws & HR compliance analysis

South Dakota Smoking: What you need to know

South Dakota law prohibits smoking or carrying lighted tobacco products in enclosed, indoor public places and all workplaces, including schools and childcare centers; hospitals, clinics, medical offices, and nursing homes. The requirements affects both public and private employers. Separate smoking rooms or designated areas are not permitted indoors. Employers may designate outdoor smoking areas (SD Cod. Laws Sec. 34-46-13et seq.).
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Smoking is also prohibited in restaurants, bars, existing cigar bars, package liquor stores, video lottery establishments, and casinos at Deadwood (SD Referred Law 12).
Exemptions.Exempt from the law are:
• Tobacco stores that are enclosed, have their own entrances, and prohibit consumption of liquor on the premises
• Designated hotel sleeping rooms
• Private residences, except when used for day care
State facilities. The use of tobacco products is prohibited in all state government facilities, including vehicles, parking lots, entrances, and walkways. Exempted from the ban are the Veterans' Home, state university grounds, and state campgrounds.
Posting. Owners and those who control buildings are responsible for informing people that smoking is prohibited and for posting signs at building entrances indicating that smoking is not permitted. A generic downloadable sign acceptable for this purpose is available at
Enforcement. Persons violating the smoking ban will be fined $25. Managers of establishments covered under the smoking ban that allow people to smoke on the premises will also be fined.
Employers in South Dakota may make distinctions in the type of coverage or cost of premiums based on employees' use of tobacco products.
It is discriminatory to terminate the employment of an employee because the person uses tobacco products away from the workplace during nonworking hours, unless such a restriction:

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