The prayer was offered by the Chaplain, Father Brian Fawcett, followed by the Pledge of
Allegiance led by Senate page Casson Dennison.
Roll Call: All members present except Sens. Cutler, Krebs, and Rhoden who were excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the second day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The Honorable Matt Michels
South Dakota State Senate
500 East Capitol Avenue
Pierre, South Dakota 57501
Dear President Michels and Members of the Senate,
I have the honor to herewith deliver to you:
Executive Reorganization Order 2011-01.
This document has also been filed with the Speaker of the House and the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
See Senate Journal page 47 for the Executive Reorganization Order 2011-01.
MR. PRESIDENT:
Legislative Deadlines |
||
Legislative Action |
40 Day Session |
35 Day Session |
Final day for introduction of individual bills and joint resolutions | 15th Day | 10th Day |
Final day for introduction of committee bills and joint resolutions* | 16th Day | 11th Day |
Last day upon which Joint Rule 5-17 can be invoked on a bill or resolution in either house | 26th Day | 21st Day |
Last day to move required delivery of bills or resolutions by a committee to the house of origin* | 27th Day | 22nd Day |
Last day to pass bills or joint resolutions by the house of origin* | 28th Day | 23rd Day |
Final day for introduction of concurrent resolutions | 28th Day | |
During the seven final legislative days motions to reconsider and reconsideration being made upon the same day (any time before adjournment) | 34th Day on | 29th Day on |
Last day to move required delivery of bills or resolutions by a committee to the second house* | 35th Day | 30th Day |
Last day for a bill or joint resolution to pass both houses* | 36th Day | 31st Day |
|
37th Day 38th Day |
32nd Day 33rd Day |
The final day of a legislative session is reserved for the consideration of vetoes | 40th Day | 35th Day |
* This deadline does not apply to the general appropriations bill. |
Respectfully submitted, Respectfully submitted,
Val Rausch Bob Gray
David Lust Russell Olson
Bernie Hunhoff Jason Frerichs
House Committee Senate Committee
Your Select Committee appointed on Senate rules respectfully reports that it has had under consideration the Senate rules and recommends that the Senate rules of the Eighty-fifth Legislative Session be adopted as the Senate rules of the Eighty-sixth Legislative Session with the following changes:
1. Agriculture and Natural Resources (9)
2. Appropriations (7) (9)
3. Commerce and Energy (7)
4. Education (7)
5. Government Operations and Audit (5)
6. Health and Human Services (7)
7. Judiciary (7)
8. Legislative Procedure (7)
9. Local Government (7)
10. Retirement Laws (5)
11. State Affairs (9)
12. Taxation (9) (7)
13. Transportation (7)
The president of the Senate is an ex officio member of the committee on legislative procedure.
Respectfully submitted,
I have the honor to inform your honorable body that the House has appointed Reps. Gosch,
Cronin, and Fargen as a committee of three on the part of the House to meet with a like
committee on the part of the Senate to arrange for a Joint Session of the two houses to receive
the budget message of the Governor.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Select Committee relative to setting the compensation schedule for the elective and
appointive officers and members of the Eighty-sixth Legislative Session.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Select Committee for the purpose of arranging legislative days for members, officers,
and employees of the House and Senate.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Select Committee relative to making arrangements for the distribution of the official
directory, Senate and House Journals, bills, and other legislative printing.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Select Committee for the purpose of securing chaplains for the Eighty-sixth
Legislative Session.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Select Committee relative to making arrangements for a memorial recognition of
deceased former members of the Senate and House.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Select Committee relative to Joint Rules for the two houses for the Eighty-sixth
Legislative Session.
Sen. Olson moved that a committee of three on the part of the Senate be appointed to meet
with a like committee on the part of the House to make arrangements for a Joint Session to
receive the budget message of the Governor.
Which motion prevailed and the President announced as such committee Sens. Olson,
Brown, and Frerichs.
Sen. Olson moved that when we adjourn today, we adjourn to convene at 12:00 noon on
Friday, January 14, the 4th legislative day.
Sen. Olson moved that the report of the Joint-Select Committee relative to legislative
days for the Eighty-sixth Legislative Session as found on page 31 of the Senate Journal be
adopted.
Which motion prevailed.
Sen. Olson moved that the report of the Joint-Select Committee relative to distribution
of bills and journals for the Eighty-sixth Legislative Session as found on page 32 of the Senate
Journal be adopted.
Which motion prevailed.
Sen. Olson moved that the report of the Joint-Select Committee relative to the memorial
service for the Eighty-sixth Legislative Session as found on page 30 of the Senate Journal be
adopted.
Which motion prevailed.
Sen. Olson moved that the report of the Joint-Select Committee relative to compensation
for the Eighty-sixth Legislative Session employees as found on page 30 of the Senate Journal
be adopted.
Which motion prevailed.
Sen. Olson moved that the report of the Joint-Select Committee relative to securing
chaplains for the Eighty-sixth Legislative Session as found on page 31 of the Senate Journal
be adopted.
Which motion prevailed.
Sen. Olson moved that the report of the Joint-Select Committee relative to the Joint Rules
for the Eighty-sixth Legislative Session as found on page 40 of the Senate Journal be adopted.
The question being on Sen. Olson's motion that the report of the Joint-Select Committee
relative to the Joint Rules be adopted.
And the roll being called:
Yeas 32, Nays 0, Excused 3, Absent 0
Excused:
Cutler; Krebs; Rhoden
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
Sen. Olson moved that the report of the Senate Select Committee relative to the Senate
Rules for the Eighty-sixth Legislative Session as found on page 41 of the Senate Journal be
adopted.
Sen. Garnos moved that the report of the Senate Select Committee on Senate Rules be
amended to read as follows:
Delete Senate Rule S4-1 and insert:
" S4-1. Standing committees. The presiding officer of the Senate shall announce the members
of the following standing committees after their selection by the president pro tempore and the
minority leader. The number of members is indicated after each committee:
1. Agriculture, Energy, and Natural Resources (9)
2. Appropriations (7) (9)
3. Commerce (7)
4. Education (7)
5. Government Operations and Audit (5)
6. Health and Human Services (7)
7. Judiciary (7)
8. Legislative Procedure (7)
9. Local Government (7)
10. Retirement Laws (5)
11. State Affairs (9)
12. Taxation (9) (7)
13. Transportation (7)
The president of the Senate is an ex officio member of the committee on legislative procedure."
Sen. Garnos requested a roll call vote.
Which request was supported.
The question being on Sen. Garnos' motion that the Report of the Senate Select Committee on Senate Rules for the Eighty-sixth Legislative Session be amended.
Yeas 15, Nays 17, Excused 3, Absent 0
Yeas:
Begalka; Bradford; Buhl; Frerichs; Fryslie; Garnos; Gray; Haverly; Hundstad; Hunhoff (Jean);
Maher; Peters; Sutton; Tidemann; Vehle
Nays:
Adelstein; Brown; Hansen (Tom); Heineman; Holien; Johnston; Kraus; Lederman; Nelson
(Tom); Novstrup (Al); Nygaard; Olson (Russell); Putnam; Rampelberg; Rave; Schlekeway;
Tieszen
Excused:
Cutler; Krebs; Rhoden
So the motion not having received an affirmative vote of a majority of the members
present, the President declared the motion lost.
The question now being on Sen. Olson's motion that the report relative to the Senate Rules
for the Eighty-sixth Legislative Session be adopted.
And the roll being called:
Yeas 31, Nays 1, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Brown; Buhl; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly;
Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Bradford
Excused:
Cutler; Krebs; Rhoden
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried.
Sen. Begalka moved that the Senate do now adjourn, which motion prevailed and at
2:46 p.m. the Senate adjourned.
remain in effect until the last legislative day of the next legislative session or until the
Legislature completes legislation addressed to the same question, whichever comes first.
14 Section 14. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to make the name and title changes necessary to
correlate and integrate the organizational changes made by this Executive Reorganization
Order into the South Dakota Codified Laws.
15 Section 15. Any provisions of law in conflict with this order are superseded.
16 Section 16. Whenever a function is transferred by this order, all personnel, records,
property, unexpended balances of appropriations, allocations or other funds utilized in
performing the function are also transferred by this order.
17 Section 17. The effective date of this Executive Reorganization Order 2011-01 shall be
ninety days after its submission to the Legislature.
the functions of the former Secretary of Department of Military and Veterans Affairs,
relating to the Veterans Commission.
23 Section 23. The Division of Veterans Affairs created by chapter 1-46 and its functions in
the former Department of Military and Veterans Affairs are transferred to the Department of
Veterans Affairs created by this Executive Reorganization Order. The Secretary of Veterans
Affairs shall perform the functions of the former Secretary of Department of Military and
Veterans Affairs, relating to the Division of Veterans Affairs.
24 Section 24. The State Veterans Home created by chapter 33-18 and its functions in the
former Department of Military and Veterans Affairs are transferred to the Department of
Veterans Affairs created by this Executive Reorganization Order. The Secretary of Veterans
Affairs shall perform the functions of the former Secretary of Department of Military and
Veterans Affairs, relating to the State Veterans Home.
25 Section 25. The Office of the Adjutant General created by chapter 1-46 and its functions
in the former Department of Military and Veterans Affairs are transferred to the Department
of the Military created by this Executive Reorganization Order. The Adjutant General shall
perform the functions of the former Secretary of Department of Military and Veterans
Affairs, relating to the Office of Adjutant General.
26 Section 26. The Board of Military Affairs created by chapter 33-1 and its functions in
the former Department of Military and Veterans Affairs are transferred to the Department of
the Military created by this Executive Reorganization Order. The Adjutant General shall
perform the functions of the former Secretary of the Department of Military and Veterans
Affairs, relating to the Board of Military Affairs.
27 Section 27. The National Guard and its functions in the former Department of Military
and Veterans Affairs are transferred to the Department of the Military created by this
Executive Reorganization Order. The Adjutant General shall perform the functions of the
former Secretary of Department of Military and Veterans Affairs, relating to the National
Guard.
former Department of Revenue and Regulation are transferred to the Department of Labor
and Regulation created by this Executive Reorganization Order. The Secretary of Labor and
Regulation shall perform the functions of the former Secretary of Revenue and Regulation,
relating to the Division of Insurance.
40 Section 40. The Insurance Fraud Prevention Unit created by chapter 58-4A and its
functions in the former Department of Revenue and Regulation are transferred to the
Attorney General except for the Division's assessment authority set out in 58-4A-14 which
shall remain with the Division of Insurance. The Attorney General shall perform the
functions of the former Secretary of Revenue and Regulation, relating to the Insurance
Fraud Prevention Unit.
41 Section 41. The Real Estate Commission, created by chapter 36-21A, and its functions in
the former Department of Revenue and Regulation are transferred to the Department of
Labor and Regulation created by this Executive Reorganization Order. The Secretary of
Labor and Regulation shall perform the functions of the former Secretary of Revenue and
Regulation, relating to the Real Estate Commission.
42 Section 42. The Abstractors Board of Examiners, created by chapter 36-13, and its
functions in the former Department of Revenue and Regulation are transferred to the
Department of Labor and Regulation created by this Executive Reorganization Order. The
Secretary of Labor and Regulation shall perform the functions of the former Secretary of
Revenue and Regulation, relating to the Abstractors Board of Examiners.
43 Section 43. The Appraiser Certification Program, created by chapter 36-21B, and its
functions in the former Department of Revenue and Regulation are transferred to the
Department of Labor and Regulation created by this Executive Reorganization Order. The
Secretary of Labor and Regulation shall perform the functions of the former Secretary of
Revenue and Regulation, relating to the Appraiser Certification Program.
44 Section 44. All functions of the Petroleum Release Compensation Board under chapter
34A-13 including budgeting and administrative support for the petroleum release fund in the
former Department of Revenue and Regulation are transferred to the Department of
Environment and Natural Resources created by chapter 1-40. The Secretary of Environment
and Natural Resources shall perform the functions of the former Secretary of Revenue and
Regulation, relating to the Petroleum Release Compensation Board. The petroleum release
compensation fund board shall continue as an advisory board to the Secretary of Department
of Environment and Natural Resources on issues concerning petroleum inspection and
release compensation.
45 Section 45. All functions of the Department of Transportation under chapter 34A-13 are
transferred to the Department of Environment and Natural Resources created by chapter 1-40. The Secretary of Environment and Natural Resources shall perform the functions of the
former Secretary of Transportation, relating to chapter 34A-13.
46 Section 46. The Division of the Secretariat and its functions in the former Department of
Revenue and Regulation are transferred to the Department of Revenue created by this
Executive Reorganization Order. The Secretary of Revenue shall perform the functions of
the former Secretary of Revenue and Regulation, relating to the Division of the Secretariat.
47 Section 47. The Division of Business Tax and its functions in the former Department of
Revenue and Regulation are transferred to the Department of Revenue created by this
Executive Reorganization Order. The Secretary of Revenue shall perform the functions of
the former Secretary of Revenue and Regulation, relating to the Division of Business Tax.
48 Section 48. The Division of Motor Vehicles and its functions in the former Department
of Revenue and Regulation are transferred to the Department of Revenue created by this
Executive Reorganization Order. The Secretary of Revenue shall perform the functions of
the former Secretary of Revenue and Regulation, relating to the Division of Motor Vehicles.
49 Section 49. The Division of Property and Special Taxes and its functions in the former
Department of Revenue and Regulation are transferred to the Department of Revenue
created by this Executive Reorganization Order. The Secretary of Revenue shall perform
the functions of the former Secretary of Revenue and Regulation, relating to the Division of
Property and Special Taxes.
50 Section 50. The Division of Audits and its functions in the former Department of
Revenue and Regulation are transferred to the Department of Revenue created by this
Executive Reorganization Order. The Secretary of Revenue shall perform the functions of
the former Secretary of Revenue and Regulation, relating to the Division of Audits.
51 Section 51. The Division of Lottery, created by chapter 42-7A and its functions in the
former Department of Revenue and Regulation are transferred to the Department of
Revenue created by this Executive Reorganization Order. The Secretary of Revenue shall
perform the functions of the Executive Director of the Lottery and the former Secretary of
Revenue and Regulation, relating to the Division of Lottery.
52 Section 52. The Lottery Commission, created by chapter 42-7A and its functions in the
former Department of Revenue and Regulation are transferred to the Department of
Revenue created by this Executive Reorganization Order. The Secretary of Revenue shall
perform the functions of the former Secretary of Revenue and Regulation, relating to the
Lottery Commission.
53 Section 53. The Commission on Gaming, created by chapter 42-7B and its functions in
the former Department of Revenue and Regulation are transferred to the Department of
Revenue created by this Executive Reorganization Order. The Secretary of Revenue shall
perform the functions of the former Secretary of Revenue and Regulation, relating to the
Commission on Gaming.
Department of Tourism is the Secretary of Tourism who shall be appointed and serve
pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, §9.
Governor's Office of Economic Development created by this Executive Reorganization
Order. The Commissioner of the Governor's Office of Economic Development shall
perform the functions of the former Secretary of Department of Tourism and State
Development relating to the activities of the Board of Economic Development.
62 Section 62. The South Dakota Housing Development Authority created by chapter 11-11,
and its functions in the former Department of Tourism and State Development are
transferred to the Governor's Office of Economic Development created by this Executive
Reorganization Order. The Commissioner of the Governor's Office of Economic
Development shall perform the functions of the former Secretary of the Department of
Tourism and State Development, relating to the South Dakota Housing Development
Authority.
63 Section 63. The South Dakota Science and Technology Authority created by chapter 1-16H and its functions in the Department of Tourism and State Development are transferred
to the Governor's Office of Economic Development created by this Executive
Reorganization Order. The Commissioner of the Governor's Office of Economic
Development shall perform the functions of the former Secretary of Department of Tourism
and State Development relating to the activities of the South Dakota Science and
Technology Authority.
64 Section 64. The South Dakota Energy Infrastructure Authority created by chapter 1-16I
and its functions in the Department of Tourism and State Development are transferred to the
Governor's Office of Economic Development created by this Executive Reorganization
Order. The Commissioner of the Governor's Office of Economic Development shall
perform the functions of the former Secretary of Department of Tourism and State
Development relating to the activities of the South Dakota Energy Infrastructure Authority.
65 Section 65. The South Dakota Ellsworth Development Authority created by chapter 1-16J and its functions in the Department of Tourism and State Development are transferred to
the Governor's Office of Economic Development created by this Executive Reorganization
Order. The Commissioner of the Governor's Office of Economic Development shall
perform the functions of the former Secretary of Department of Tourism and State
Development relating to the activities of the South Dakota Ellsworth Development
Authority.
66 Section 66. The Office of Tourism and its functions in the former Department of Tourism
and State Development are transferred to the Department of Tourism created by this
Executive Reorganization Order. The Secretary of Tourism shall perform the functions of
the former Secretary of Tourism and State Development, relating to the Office of Tourism.
67 Section 67. The Board of Tourism created by chapter 1-52 and its functions in the former
Department of Tourism and State Development are transferred to the Department of
Tourism created by this Executive Reorganization Order. The Secretary of Tourism shall
perform the functions of the former Secretary of Tourism and State Development, relating to
the Board of Tourism.
81 Section 81. That § 1-4-1.1 be repealed.
82 Section 82. That § 1-4-25 be transferred to chapter 1-54.
83 Section 83. That § 1-4-26 be transferred to chapter 1-54.
85 Section 85. That §1-16G-1 be amended to read as follows:
1-16G-1. There is created a Board of Economic Development and the Governor may
appoint up to thirteen members to consult with and advise the Governor and the Secretary of
tourism and state development Commissioner of the Governor's Office of Economic
Development in carrying out the functions of the office. The members of the board shall be
appointed by the Governor for four-year terms of office so arranged that no more than four
members' terms expire in any given year. Not all members may be from the same political
party. The Governor shall designate the terms at the time of appointment. Any member
appointed to fill a vacancy arising from other than the natural expiration of a term shall
serve only the unexpired portion of the term.
86 Section 86. That §1-16G-24 be amended to read as follows:
1-16G-24. Earnings on the revolving economic development and initiative fund and the
value added agriculture subfund may be used for the administrative costs of the Division of
Finance of the Governor's Office of Economic Development. Such earnings shall be
expended in accordance with the provisions of Title 4 on warrants drawn by the state auditor
on vouchers approved by the Secretary of tourism and state development Commissioner of
the Governor's Office of Economic Development. Eligible expenses may not exceed total
interest earnings during the previous fiscal year prior to the deduction of loan losses for the
same fiscal year.
87 Section 87. That §1-16H-38 be amended to read as follows:
1-16H-38. The authority is attached to the Department of Tourism and State Development
Governor's Office of Economic Development for reporting purposes. The authority shall
submit such records, information, and reports in the form and at such times as required by
the Secretary Commissioner. However, the authority shall report at least annually.
88 Section 88. That §1-16I-38 be amended to read as follows:
1-16I-38. The authority is attached to the Department of Tourism and State Development
Governor's Office of Economic Development for reporting purposes. The authority shall
submit such records, information, and reports in the form and at such times as required by
the Secretary Commissioner. However, the authority shall report at least annually.
93 Section 93. That §1-32-2 be amended to read as follows:
(9) Department of Agriculture;
(10) Department of Transportation;
(11) Department of the Military and Veterans Affairs;
(12) Department of Revenue and Regulation;
(13) Department of Human Services;
(14) Department of Tourism and State Development. ;
(15) Department of Veterans Affairs;
(16) Department of Tribal Relations.
94 Section 94. That § 1-32-7 be amended to read as follows:
96 Section 96. That § 1-33-3 be amended to read as follows.
1-33-3. The Department of Executive Management consists of the Bureau of Finance and
Management, the Bureau of Intergovernmental Relations, the Bureau of Administration, the
Bureau of Personnel, and the Bureau of Information and Telecommunications, the
Governor's Office of Economic Development and any other agencies created by
administrative action or law and placed under the Department of Executive Management.
97 Section 97. That § 1-33B-22 be amended to read as follows.
1-33B-22. Disbursements from the energy conservation special revenue fund shall be paid
on warrants drawn by the state auditor on vouchers approved by the Secretary of the
Department of Tourism and State Development Commissioner of the Governor's Office of
Economic Development.
(1) The Division of Banking, created by chapter 51A-2;
(2) The Division of Securities, created by § 47-31A-406(c);
(3) The Division of Insurance, created by chapter 58-2.
This section does not apply to the special budgetary functions (as defined in § 1-32-1) of the
State Banking Commission created by chapter 51A-2.
111 Section 111. That § 1-47-3 be amended to read as follows:
1-47-3. The Department of Revenue and Regulation shall, under the direction and control
of the Secretary of Revenue and Regulation, perform all the functions of the Department of
Revenue and Regulation created by chapter 10-1.
114 Section 114. That § 1-47-7 be amended to read as follows:
1-47-7. The South Dakota State Banking Commission shall continue in the Department of
Revenue Labor and Regulation. The Secretary of the Department of Revenue Labor and
Regulation shall perform the functions of the former Secretary of the Department of
Revenue and Regulation Commerce and Regulation, relating to the South Dakota State
Banking Commission.
115 Section 115. That § 1-47-8 be amended to read as follows:
1-47-8. The Division of Securities, created pursuant to § 47-31A-406(c) and its functions
in the former Department of Commerce Revenue and Regulation are transferred to the
Department of Revenue Labor and Regulation. The Secretary of the Department of Revenue
Labor and Regulation shall perform the functions of the former Secretary of the Department
of Commerce Revenue and Regulation, relating to the Division of Securities.
117 Section 117. That § 1-47-10 be amended to read as follows:
1-47-10. The Commission on Gaming and its functions, including those functions under
chapters 42-7 and 42-7B, in the former Department of Commerce Revenue and Regulation
are transferred to the Department of Revenue and Regulation . The Secretary of the
Department of Revenue and Regulation shall perform the functions of the former Secretary
of the Department of Commerce Revenue and Regulation, relating to the Commission on
Gaming.
119 Section 119. That § 1-47-12 be amended to read as follows:
1-47-12. All functions of the Petroleum Release Compensation Board under chapter 34A-13 and its functions in the former Department of Commerce Revenue and Regulation are
transferred to the Department of Revenue and Regulation Environment and Natural
Resources created by this Executive Reorganization Order. The Secretary of the Department
of Revenue and Regulation Environment and Natural Resources shall perform the functions
of the former Secretary of the Department of Commerce Revenue and Regulation, relating
to the Petroleum Release Compensation Fund. The petroleum release compensation fund
board shall continue as an advisory board to the Secretary of Revenue and Regulation
Environment and Natural Resources on issues concerning petroleum inspection and release
compensation.
120 Section 120. That § 1-47-13 be amended to read as follows:
1-47-13. The Abstractors Board of Examiners, created by chapter 36-13, and its functions
in the former Department of Commerce Revenue and Regulation are transferred to the
Department of Revenue Labor and Regulation. The Secretary of the Department of Revenue
Labor and Regulation shall perform the functions of the former Secretary of the Department
of Commerce Revenue and Regulation, relating to the Abstractors Board of Examiners.
121 Section 121. That § 1-47-13 be amended to read as follows:
1-47-14. The Real Estate Commission created by chapter 36-21A and its functions in the
former Department of Commerce Revenue and Regulation are transferred to the Department
of Revenue Labor and Regulation. The Secretary of the Department of Revenue Labor and
Regulation shall perform the functions of the former Secretary of the Department of
Commerce Revenue and Regulation, relating to the Real Estate Commission.
122 Section 122. That § 1-52-2 be amended to read as follows.
1-52-2. The Department of Tourism and State Development established pursuant to chapter
1-42 is abolished. The position of Secretary of tourism and state development is abolished.
The following functions of the former Department of Tourism and State Development are
transferred to the Department of Tourism and State Development created by this Executive
Reorganization Order:
(1) Office of Tourism;
(2) Board of Tourism;
(3) Office of History;
(4) State Historical Society Board of Trustees;
(5) State Arts Council; and
such other tourism related functions as the Governor shall direct.
The Secretary of the Department of Tourism and State Development shall perform the
functions of the former Secretary of the Department of Tourism and State Development
related to tourism.
123 Section 123. That § 1-52-3 be repealed.
124 Section 124. That § 1-52-4 be transferred to chapter 1-53 and amended to read as follows.
1-52-4. The Economic Development Finance Authority created by Chapter 1-16B and its
functions in the Governor's Office of Economic Development, Department of Executive
Management are transferred to the Governor's Office of Economic Development
Department of Tourism and State Development created by this Executive Reorganization
Order. The Secretary of the Department of Tourism and State Development The
Commissioner of the Governor's Office of Economic Development shall perform the
functions of the former Commissioner of the Governor's Office of Economic Development
Secretary of Tourism and State Development relating to the activities of the Economic
Development Finance Authority.
125 Section 125. That § 1-52-5 be transferred to chapter 1-53 and amended to read as follows:
1-52-5. The Board of Economic Development created by Chapter 1-16G and its functions
in the Governor's Office of Economic Development, Department of Executive Management
are transferred to the Department of Tourism and State Development Governor's Office of
Economic Development created by this Executive Reorganization Order. The Secretary of
the Department of Tourism and State Development Commissioner of the Governor's Office
of Economic Development shall perform the functions of the former Commissioner of the
Governor's Office of Economic Development Secretary of the Department of Tourism and
State Development relating to the activities of the Board of Economic Development.
126 Section 126. That § 1-52-6 be repealed.
127 Section 127. That § 1-52-7 be repealed.
128 Section 128. That § 1-52-8 be amended to read as follows.
1-52-8. The Cultural Heritage Center, Division of Cultural Affairs and its functions in the
former Department of Education and Cultural Affairs are transferred to the Department of
Tourism and State Development created by this Executive Reorganization Order. The
Secretary of the Department of Tourism and State Development shall perform the functions
of the former Secretary of the Department of Education and Cultural Affairs Tourism and
State Development, relating to the Cultural Heritage Center.
130 Section 130. That § 1-52-10 be transferred to chapter 1-53 and amended to read as
follows:
1-52-10. The South Dakota Housing Development Authority created by chapter 11-11, and
its functions in the former Department of Commerce and Regulation Tourism and State
Development are is transferred to the Department of Tourism and State Development
Governor's Office of Economic Development created by this Executive Reorganization
Order. The Secretary Commissioner of the Department of Tourism and State Development
Governor's Office of Economic Development shall perform the functions of the former
Secretary of the Department of Commerce and Regulation Tourism and State Development,
relating to the South Dakota Housing Development Authority.
131 Section 131. That § 1-52-11 be transferred to chapter 1-54 and amended to read as
follows.
1-52-11. The Office of Tribal Government Relations established by chapter 1-4 is
transferred to the Department of Tourism and State Development Tribal Relations.
132 Section 132. That § 1-52-12 be transferred to chapter 1-54 and amended to read as
follows.
Friday, in a fiscal year, multiplied by eight hours per day. It excludes: paid overtime hours;
hours paid to an employee assigned to a light duty position as approved by the
Commissioner of the Bureau of Personnel due to a temporary partial disability as defined in
subdivision 62-1-1(8); hours paid for accumulated annual leave and sick leave upon
employee termination; hours paid to patient employees of the institutions under the control
of the Department of Human Services or the Department of Social Services and the
Department of Military and Veterans Affairs; hours paid to work-study students enrolled in
postsecondary educational institutions or postsecondary students employed pursuant to
chapter 3-6B; hours paid to students enrolled in and employed by postsecondary educational
institutions; and hours paid to members of boards and commissions pursuant to § 4-7-10.4.
For purposes of salary computation a nine month or more per year full-time teaching or
research faculty person, or the equivalent thereof, at the institutions under the jurisdiction of
the Board of Regents shall be considered one full-time equivalent;
134 Section 134. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to amend the following sections by deleting
Department of Human Services and inserting, Department of Human Services or the
Department of Social Services:
5-18A-22; 13-32-13; 13-53-29; 22-24B-13; 22-24B-23; 23A-10A-13; 23A-28C-5;
26-8A-12.2; 27A-3-8;
135 Section 135. That § 10-1-1.1 be repealed.
136 Section 136. That § 10-1-2 be repealed.
137 Section 137. That § 32-1-1.1 be repealed.
138 Section 138. That §33-1-2.1 be amended to read as follows:
33-1-2.1. The Office of the Adjutant General and all other powers, duties, and functions of
the adjutant general shall continue in the Department of the Military and Veterans Affairs.
139 Section 139. That §33-6-8 be amended to read as follows:
33-16-9. The director Secretary of the Division Department of Veterans Affairs shall give
bond to the state in the sum of ten thousand dollars, premium on said bond to be paid out of
funds of the division.
146 Section 146. That §33-16-13 be transferred to Title 33A and amended to read as follows:
33-16-13. All employees of the Division Department of Veterans Affairs below the level of
Director Secretary shall be selected as provided by chapter 3-6A. However, all employees
shall be veterans, if available. These employees shall perform duties assigned to them by the
Department of Military and Veterans Affairs.
147 Section 147. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to transfer the following sections to Title 33A
and amend the them by deleting, Division and inserting, Department.
33-16-14; 33-16-16; 33-16-17; 33-16-19; 33-16-20; 33-16-21; 33-16-22;
33-16-23; 33-16-25; 33-16-26; 33-16-27.2; 33-16-28.3; 33-17-3; 33-17-6;
149 Section 149. That §33-16-24 be transferred to Title 33A and amended to read as follows:
33-16-24. The board of county Commissioners of each county in this state shall employ or
join with another county or counties in employing a county veterans' service officer who,
before such employment takes effect, is approved by the state Director Secretary of veterans
affairs. The county veteran's service officer's first appointment ends on the first Monday in
January of the second year subsequent to the year of the appointment. The county veteran's
service officer may be reappointed for terms of four years for each term. The appointment is
subject to removal by the board or boards of county Commissioners upon the
recommendation of the state Director Secretary of Veterans' Affairs or for cause.
150 Section 150. That §33-16-27.1 be transferred to Title 33A and amended to read as
follows:
33-16-27.1. The Division Department of Veterans Affairs of the of Military and Veterans
Affairs shall establish a training program for county veterans service officers. Every county
veterans service officer employed under the provisions of this chapter shall annually
complete the training program established by the Division Department and successfully
complete a test administered by the Division Department of Veterans Affairs. The Director
Secretary of the Division Department of Veterans Affairs shall certify training compliance
to the board of county Commissioners. The Director Secretary shall recommend against
reappointment of any county veterans service officer not in compliance with the provisions
of this section.
151 Section 151. That §33-17-14 be transferred to Title 33A and amended to read as follows:
33-17-14. The provisions of subdivision 43-28-2(7) apply to certificates of discharge of all
persons who may have served in the military forces of the United States or of any of its
allies in any war in which the United States has or may hereafter engage, or who are
veterans as defined in § 33-17-1. The certificates shall be recorded without charge and
certified copies shall be furnished to the persons named therein or their dependents without
charge if requested for the purpose of presenting or prosecuting claims for compensation or
pension. Otherwise, a discharge document recorded by the recorder or a designated official
may be made available only to the veteran, the veteran's parents, the veteran's next of kin,
the veteran's legal representative, a county veterans service officer, a veterans' organization
service officer, the Department of Military and Veterans Affairs, or the veteran's designee.
Any person requesting a discharge document shall complete a form containing a statement
specifying the person's eligibility to receive the document based upon this section. The
Department of Military and Veterans Affairs shall provide such forms to each county
register of deeds.
152 Section 152. That §33-17-19 be transferred to Title 33A and amended as follows:
153 Section 153. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to amend the following sections by deleting
Revenue and Regulation, and inserting, Environment and Natural Resources:
34A-13-14; 34A-13-17; 34A-6-68.
154 Section 154. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to amend the following sections by deleting
Transportation and inserting, Environment and Natural Resources:
34A-13-18; 34A-13-27; 34A-14-7; 34A-14-9.
155 Section 155. That §34A-13-49 be amended to read as follows:
resulting directly or indirectly from the tank pulling or corrective action;
(3) If the abandoned site is on private property, all property taxes are current; and
(4) The owner or person having legal custody of the abandoned site has agreed to
transfer ownership of the removed tank and its contents to the state.
No tank is eligible for coverage under this program if the tank is located at the site of a
commercially operational motor fuel vendor in service on or after April 1, 1988.
156 Section 156. That §34A-13-53 be amended to read as follows:
55; 10-45-61; 10-45-85; 10-45-86; 10-45-87; 10-45-99; 10-45A-1;
10-45A-2; 10-45A-4; 10-45A-7; 10-45A-8; 10-45A-10; 10-45A-11; 10-45A-12;
10-45A-14; 10-45A-16; 10-45B-1; 10-45C-3; 10-45C-5; 10-45D-9; 10-45D-10.2;
10-45D-13; 10-45D-14; 10-46-1; 10-46-4; 10-46-15; 10-46-18.3; 10-46-20; 10-46-21;
10-46-22; 10-46-23; 10-46-24; 10-46-25; 10-46-27.1; 10-46-32; 10-46-33; 10-46-35.1; 10-46-38; 10-46-39; 10-46-40; 10-46-42; 10-46-43; 10-46-44; 10-46-46; 10-46-47.1;
10-46-67; 10-46A-1.3; 10-46A-1.4; 10-46A-1.8; 10-46A-2.1; 10-46A-16; 10-46A-17;
10-46A-19; 10-46B-1; 10-46B-1.1; 10-46B-1.2; 10-46B-1.6; 10-46B-6; 10-46B-10;
10-46B-11; 10-46B-11.1; 10-46B-13; 10-46B-14; 10-46B-15; 10-46B-17; 10-46B-18;
10-46C-3; 10-46C-9; 10-46D-1; 10-46E-6; 10-46E-7; 10-46E-11; 10-47B-3; 10-47B-4;
10-47B-4; 10-47B-4.1; 10-47B-146; 10-47B-147; 10-50-1; 10-50-9; 10-50-10; 10-50-12;
10-50-15; 10-50-18; 10-50-19; 10-50-20; 10-50-20.1; 10-50-21; 10-50-25; 10-50-26;
10-50-27; 10-50-30; 10-50-34; 10-50-36; 10-50-37; 10-50-39; 10-50-40; 10-50-41;
10-50-42; 10-50-43; 10-50-45; 10-50-46; 10-50-47; 10-50-48; 10-50-49; 10-50-50;
10-50-59; 10-50-60; 10-50-77; 10-50-91; 10-50B-6; 10-50B-13; 10-52-4; 10-52-5;
10-52-9; 10-52-13; 10-52A-1; 10-52A-4.2; 10-52A-7; 10-52A-8; 10-52A-9; 10-52A-13;
10-54-1; 10-54-2; 10-55A-7; 10-55A-9; 10-56-2; 10-56-7; 10-58-4; 10-58-5; 10-58-6;
10-58-7; 10-58-8; 10-58-13; 10-59-2; 10-59-13; 10-59-26; 10-59-27; 10-59-35; 10-59-42;
10-59-43; 10-61-2; 10-61-3; 10-61-5; 10-61-6; 10-62-1; 10-62-4; 10-62-5; 10-62-6;
10-62-7;
Title 11:
11-9-1; 11-9-20; 11-9-24;
Title 13:
13-13-10.2; 13-13-73.1; 13-37-16;
Title 15:
15-2-14.4;
Title 16:
16-18-2;
Title 21:
21-41-20; 21-44-10; 21-44-11; 21-54-15; 21-54-16; 21-54-18;
Title 22:
22-25-30; 22-25-48;
Title 28
28-1-75; 28-13A-9;
Title 31:
31-2-14.3;
Title 32:
32-1-3; 32-1-5; 32-1-6; 32-3-1; 32-3-38.1; 32-3-51.7; 32-3-53; 32-3-53.2; 32-3-57;
32-3-65; 32-3A-2; 32-3A-25; 32-3A-27; 32-3A-38.7; 32-4-3; 32-4-9; 32-4-10; 32-4-10.1;
32-4-10.2; 32-5-16.3; 32-5-16.6; 32-5-16.7; 32-5-88; 32-5-107; 32-5-111; 32-5-113;
32-5-116; 32-5-119; 32-5-120; 32-5-121; 32-5-129; 32-5-130; 32-5-131; 32-5-133;
32-5-134; 32-5-135; 32-5-143; 32-5-153; 32-5A-4; 32-5B-3; 32-5B-4; 32-5B-5; 32-5B-6;
32-5B-9; 32-5B-10; 32-5B-15; 32-5B-16; 32-6B-1; 32-6B-5; 32-6B-9; 32-6B-20;
32-6B-33; 32-6B-41.1; 32-6B-60; 32-6B-63; 32-6B-69; 32-6C-3; 32-6C-6; 32-6C-14.1; 32-6C-17; 32-6D-9; 32-6E-1; 32-7A-1; 32-7A-4.3; 32-7A-5; 32-7A-6; 32-7A-8;
32-7A-9; 32-7A-10; 32-7A-12; 32-7A-14.1; 32-7B-4; 32-7B-9; 32-7B-17.1; 32-7B-20; 32-
7B-25; 32-9-1; 32-9-6; 32-9-8.1; 32-9-9; 32-9-15; 32-9-15; 32-9-16.1; 32-9-22.1;
32-9-44.1; 32-9-57; 32-9-58; 32-10-1; 32-10-3; 32-10-3.1; 32-10-3.2; 32-10-4; 32-10-12;
32-10-29.1; 32-10-35; 32-11-19; 32-11-25; 32-15-1; 32-35-44; 32-35-45; 32-35-46;
32-35-47; 32-35-52; 32-35-56; 32-35-61; 32-35-62; 32-35-98; 32-35-99; 32-35-100;
32-35-102; 32-35-111;
Title 34:
34-20B-85; 34-46-18; 34-46-19; 34-49-1; 34-49-18;
Title 34A:
34A-1-58.1; 34A-1-60; 34A-2-122; 34A-2-125; 34A-3A-23; 34A-6-68; 34A-13-1.
Title 35:
35-1-1; 35-2-10.1; 35-2-24; 35-4-2.7; 35-4-94; 35-5-22; 35-10-9; 35-12-2; 35-12-4;
35-12-6; 35-12-8; 35-12-9; 35-12A-3; 35-13-1;
Title 37:
37-10-1; 37-10-6; 37-10-8; 37-10-10;
37-10-24; 37-10-26; 37-10-27; 37-10-28; 37-10-29; 37-10-32; 37-10-33;
37-10-35; 37-10-36; 37-19-2; 37-19-4; 37-19-8; 37-19-9; 37-19-10.
Title 39:
39-13-4; 39-13-13; 39-13-14; 39-13-15;
Title 42:
42-7A-2; 42-7A-3;
42-7A-50; 42-7A-64; 42-7B-6; 42-7B-58; 42-8-2;
Title 43:
43-31-31; 43-41B-31;
Title 46A
46A-2-4;
Title 47:
47-1A-1422; 47-7-30.2;
Title 49:
49-28-1; 49-31-1; 49-31-51; 49-31-51.1; 49-34A-82;
161 Section 161. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to amend the following sections by deleting
Revenue and Regulation and inserting Labor and Regulation.
Title 4
4-4-4.3;
Title 10
10-44-9.1;
Title 28
28-13-32.11;
Title 36
36-13-2.1; 36-21A-16; 36-21A-71 36-21B-1;
36-21B-3; 36-21B-4; 36-21B-5; 36-21B-7; 36-21B-12;
Title 37
37-24-5.2;
Title 47
162 Section 162. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to amend the following sections by deleting
references to the Department of Human Services or the Secretary of Human Services
and inserting the Department of Social Services or the Secretary of Social Services as
appropriate.
Title 36A
1-36A-1.12; 1-36A-1.14; 1-36A-1.15; 1-36A-1.26;
Title 23A
23A-27-38; 23A-28C-6; 23A-27-41;
Title 26
26-7A-92; 26-7A-94;
Title 27A
27A-1-1; 27A-1-3; 27A-1-7; 27A-1-8; 27A-1-9; 27A-3-1.3; 27A-3-4; 27A-3-7;
27A-4-6; 27A-4-9; 27A-5-1; 27A-5-3; 27A-5-7; 27A-5-9; 27A-7-9; 27A-3-1; 27A-3-1.1;
27A-3-1.4; 27A-3-2; 27A-3-3; 27A-3-5; 27A-3-6; 27A-3-9; 27A-3-10; 27A-4-1;
27A-4-2; 27A-4-5; 27A-4-8; 27A-5-2; 27A-5-4; 27A-5-5; 27A-5-6; 27A-5-10; 27A-13-3;
27A-13-12; 27A-13-13; 27A-13-14;
Title 28
28-18-5;
Title 34
34-20A-2; 34-20B-105; 34-23B-1; 34-23B-2; 34-23B-4; 34-23B-5;
Title 35
35-4-100;
Title 36
36-9-28; 36-26-9; 36-27A-9; 36-27A-35; 36-32-8; 36-34-8;
Title 42
42-7B-48.3;
Jason Gant
Secretary of State for the State of South Dakota