Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances

State Status

Any Preemption


"RESOLVED: That the American Cancer Society opposes any preemption clauses that are intended to remove or restrict power and authority from a unit of local government or regulate clean indoor air and/or other tobacco control laws."

American Cancer Society
State Preemption of Local Tobacco Control Laws, March 1992

South Dakota

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

Legislative SummariesArchives

Action AlertsArchives

News SummariesArchives

Press ReleasesArchives

There aren't any press releases for this state at this time. Please check back.

State Specific Resources

There aren't any state specific resources at this time. Please check back.

Other Links

Copyright 2019 Americans for Nonsmokers' Rights | All Rights ReservedPrivacy Policy