South Dakota - 2002 Clean Indoor Air Act

Statewide partial smoking ban: South Dakota's 2002 Clean Indoor Air Act bans smoking statewide in all enclosed workplaces, except private residences, bars, restaurants, retail tobacco stores, hotel/motel rooms, liquor stores, and casino gaming floors. Local governments are preempted from regulating smoking.

In March 2009, 2009 H.B. 1240 was passed by the South Dakota State Legislature and signed into law by Governor Mike Rounds, and was scheduled to take effect on July 1, 2009, banning smoking statewide in all enclosed workplaces in South Dakota, including bars and restaurants,exempting only private residences unless used for child daycare, cigar bars, retail tobacco shops, and a percentage of hotel and motel rooms.

But on June 22, 2009, a group of casino and video lottery operators presented the Secretary of State with a petition for a referendum over H.B. 1240 that they claimed to bear 25,000 valid signatures. On June 25, 2009, the Secretary of State certified that the petition indeed bore at least the required 16,776 valid signatures, thereby putting H.B. 1240 to a public referendum to be held in November 2010. After further review, on July 24, 2009, it was discovered that many signatures were invalid and therefore fell short of the required number to put on the ballot. A trial will be held on October 26, 2009 to determine the fate of the statewide smoking ban.