Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances

State Status

Any Preemption


"Local action by communities has proven to be effective in enforcing youth access legislation and reducing tobacco use among young persons. However, the tobacco industry has been equally successful in weakening local control and community involvement through state laws containing preemption provisions."

Centers for Disease Control and Prevention
Morbidity and Mortality Weekly Report, November 3, 1995

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

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