May 23, 1975

Robert Hayes, Secretary
Department of Health
Office Building #2
Pierre, South Dakota

OFFICIAL OPINION NO. 75-91

Uniform Alcoholism and Intoxication Treatment Act

Dear Mr. Hayes:

South Dakota's Uniform Alcoholism and Intoxication Treatment Act became effective on July 1, 1974. The terms of this Act prohibit the state or any county, municipality or other political subdivision from adopting laws, ordinances or resolutions which identify an intoxicated condition as giving rise to a criminal or civil penalty. SDCL 34-20A-93.

This office is unaware of any present statutory or local laws which are in conflict with this Act. Of course, this Act supersedes all prior statutory or local laws which may be in conflict with it. Argo Oil Corp. v. Lathrop, 76 S.D. 70, 72 N.W. 2d 431 (1955).

Respectfully submitted,

WILLIAM J. JANKLOW
ATTORNEY GENERAL

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