"The tobacco industry clearly recognizes preemption as their best tactic against tobacco control. We know this through their behavior and through recently leaked internal documents... The only answer is NO PREEMPTION, ever. There's never a benefit to the public from preemption, and there's always a cost."Americans for Nonsmokers' Rights
UPDATE, Winter 1992
As of November 10, 2010, South Dakota's statewide smokefree law covers all workplaces, including restaurants, bars, video lottery establishments and (non-tribal) casinos. Read South Dakota's 100% smokefree law.
In 2009, South Dakota legislators passed a strong state law to make all workplaces, including restaurants, bars, video lottery establishments and casinos, 100% smokefree indoors. But before the law was scheduled to take effect on July 1, 2009, opponents filed a petition to keep the law from taking effect and placed the law on the ballot. The smokefree law, or Proposition 12, was in the hands of South Dakota voters for an up or down vote on November 2, 2010. Voters supported the proposition with an overwhelming majority, 64%-36%. Nearly every worker in South Dakota is now protected from secondhand smoke exposure. The law includes exemptions for tobacco retail stores, 25% of hotel rooms, and cigar bars that make over 10% of sales from cigars.
To learn more, visit Be Tobacco Free South Dakota.
South Dakota's previous 2002 statewide law provided for 100% smokefree air in only non-hospitality workplaces and public places.
South Dakota law still preempts local community's right to local control, stating, "The Legislature is the exclusive regulator of all matters relating to the use of tobacco products." Read more about current tobacco-related legislation in South Dakota.
Current tobacco-related statistics are available from the Centers for Disease Control's Tobacco Control State Highlights, 2010.
South Dakota's 2018 Legislative Session: January 9 - March 26
- 3/8/2019HB1209—(e-cigarette use)—An Act to revise certain provisions regarding vapor products—Signed by Governor on 3/27
- 7/31/2019States Are Thwarting Cities' Attempts to Govern Themselves
- 4/29/2019In Washington, Juul Vows to Curb Youth Vaping. Its Lobbying in States Runs Counter to That Pledge.
- 10/13/2017State lawmakers choose winners and losers through preemption
- 7/6/2017Blue Cities Want to Make Their Own Rules. Red States Won't Let Them.
- 5/10/2017The Threat of Super-Preemption
- 3/6/2017Preemption Prevents Innovation
- 2/21/2017City Rights in an Era of Preemption: A State-by-State Analysis
- 2/2/2017Red State, Blue City
- 1/5/2017GOP aims to rein in liberal cities
- 9/16/2016South Dakota's Expanded Smoking Ban Stands After Circuit Court Ruling
- 9/9/2016How ALEC, ACCE, and Preemption Laws are Gutting the Powers of American Cities
- 8/22/2016Blue Cities, Red States
- 6/28/2016Colorado Preemptions of Local Government: The Need for the Colorado Community Rights Amendment
- 6/23/2016State and Local Comprehensive Smoke-Free Laws for Worksites, Restaurants, and Bars--United States, 2015
- 4/6/2016From Fracking Bans To Paid Sick Leave: How States Are Overruling Local Laws
- 4/1/2016Growing Southern cities are increasingly targets of state pre-emption
- 3/25/2016Beyond North Carolina's LGBT Battle: States' War on Cities
- 2/4/2016Corporate Interests Take Aim at Local Democracy
- 11/17/2015Health officials celebrate 5 years of "Smoke-Free Air" in South Dakota
- 8/6/2015Blowing the Whistle on ALEC's Little Brother ACCE
- 7/7/2015Four Ways ALEC Tried to Ruin Your State this Year
- 5/17/2015Say no: States increasingly blocking cities and counties from imposing mandates on businesses
- 5/8/2015State lawmakers hate federal meddling even as they preempt local government
- 5/6/2015Cheyenne River Sioux Tribe outlaws smoking in public places
- 3/30/2015The ALEC-Backed War on Local Democracy
- 2/23/2015Govern Yourselves, State Lawmakers Tell Cities, but Not Too Much
- 3/5/2013House rejects bill to include hookah lounges in smoking ban
- 3/1/2013Ban intended for hookah lounges backfires
- 1/11/2012Nelson won't bring smoking legislation
- 12/27/2011Nelson wants casino smoking-ban lifted
- 11/16/2011EDITORIAL: Clearing the air about smoking ban
- 8/11/2011S.D. makes strides toward kicking smoking habit
- 1/8/2011Editorial: Listen to South Dakotans: Don't alter smoking ban
- 11/10/2010South Dakota smoking ban officially in effect
- 11/3/2010Expanded smoking ban will take effect Nov. 10
- 10/29/2010Editorial: Expansion of smoking ban worthy of support
- 10/23/2010Argus Leader/KELO-TV 2010 poll results: Smoking ban has widespread support in S.D.
- 10/8/2010SD's candidates for governor debate health care
- 9/22/2010My Voice: Harm of secondhand smoke justifies statewide ban
- 8/30/2010Smoking ban debate centers on health vs. rights
- 7/11/2010Smoking Ban Still Up in the Air
- 7/9/2010Smoking ban fans launch campaign
- 4/25/2010Business Booms At Smoke Free Restaurant
- 2/16/2010Legislators Decide Against Smoking Ban Exemptions
- 2/5/2010State Preemption of Local Smoke-Free Laws in Government Work Sites, Private Work Sites, and Restaurants United States, 2005-2009
- 11/20/2009State won't appeal smoking ban ruling
- 11/13/2009Judge rules SD smoking ban goes to public vote
- 10/6/2009Smoking Ban Issue In Court
- 8/20/2009Trial delayed in SD smoking ban dispute
- 8/11/2009Smoking Ban Opponents Don't Understand "Intervene" Decision
- 7/28/2009Opponents of smoking ban gain a delay
- 7/23/2009Smoking ban challenge rejected
- 7/7/2009Smoking ban referral to be on ballot
- 7/3/2009Lawmaker Hopeful Smoking Ban Will Go Into Effect
- 6/19/2009Smoking ban opponents to file petitions Monday
- 4/1/2009Smoking ban may be left to voters
- 3/19/2009Gov. Rounds signs smoking ban bill
- 3/17/2009Rounds Studies Smoking Ban
- 3/9/2009Smoking Ban Up For House Vote Monday
- 3/9/2009Update: Smoking ban passes House, goes to Rounds - desk
- 3/5/2009Smoking ban OK'd
- 3/4/2009Senate OKs smoking ban -- House agreement vote next
- 2/23/2009South Dakota House passes wide-ranging smoking ban
- 2/9/2009South Dakota smoking ban shifts to House
- 2/4/2009Anti-smoking bill goes down in defeat
- 1/21/2009Look forward to a smoke free South Dakota
- 11/12/2008Area legislators split on smoking ban legislation
- 2/21/2008What others think: Smoking decisions should be made locally
- 1/31/2008Tobacco Bill Dies
- 1/20/2008Local control of tobacco considered
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