The prayer was offered by the Chaplain, Pastor Dan Bader, followed by the Pledge of
Allegiance led by House page Austin Lannen.
Roll Call: All members present except Reps. Conzet, Otten, Rozum, and Stevens who were
excused.
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the third day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Lt. Governor Matt Michels, President of the Senate
Mark Mickelson, Speaker of the House
500 East Capitol Avenue
Pierre, SD 57501
Dear President and Speaker,
Pursuant to Article IV, Section 8 of the South Dakota Constitution, I respectfully submit to the
Legislature the enclosed Executive Orders concerning the administrative organization of state
government on this 4th Legislative day, January 13, 2017.
See page 54 of the House Journal for the Executive Reorganization Orders 2017-01 and
2017-02.
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1006 and 1020 and returns the same with the recommendation that said bills do pass and
be placed on the consent calendar.
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1025 and returns the same with the recommendation that said bill be amended as follows:
Also MR. SPEAKER:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1033 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Education respectfully reports that it has had under consideration
HB 1022 and returns the same with the recommendation that said bill do pass.
The Committee on Judiciary respectfully reports that it has had under consideration
HB1032 and returns the same with the recommendation that said bill do pass.
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1028 and returns the same with the recommendation that said bill be amended as follows:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to making arrangements for the distribution of the official
directory, Senate and House journals, and bills and other legislative printing for the two houses
and the state offices.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to securing chaplains for the Ninety-second Legislative
Session.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to making arrangements for a memorial recognition of
deceased former members of the House and Senate.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to arranging for legislative days for the members, officers,
and employees of the House and Senate.
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to setting the compensation schedule for the elective and
appointive officers and employees of the Senate and House for the Ninety-second Legislative
Session.
Rep. Qualm moved that the temporary house rules of the Ninety-second Legislative
Session be made the permanent house rules of the Ninety-second Legislative Session.
The question being on Rep. Qualm's motion that the temporary house rules of the
Ninety-second Legislative Session be made the permanent house rules of the Ninety-second
Legislative Session.
And the roll being called:
Yeas 63, Nays 3, Excused 4, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase;
Clark; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haggar;
Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen (Kevin); Johns;
Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Lust; Marty; McCleerey;
McPherson; Mills; Peterson (Kent); Peterson (Sue); Pischke; Qualm; Rasmussen; Reed;
Rhoden; Ring; Rounds; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Tieszen; Tulson;
Turbiville; Willadsen; Wismer; Wollmann; York; Zikmund; Speaker Mickelson
Nays:
Dennert; Livermont; May
Excused:
Conzet; Otten (Herman); Rozum; Stevens
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried.
Rep. Qualm moved that HB 1005 be referred from the Joint Committee on Appropriations
to the Committee on State Affairs.
Which motion prevailed.
Which motion prevailed.
Rep. Qualm moved that HB 1024 be referred from the Joint Committee on Appropriations
to the House Committee on Appropriations
Which motion prevailed.
Rep. Qualm moved that HB 1039 be referred from the Joint Committee on Appropriations
to the House Committee on Appropriations
Which motion prevailed.
Rep. Qualm moved that the report of the Joint-Select Committee relative to the Joint
Rules for the Ninety-second Legislative Session as found on page 42 of the House Journal be
adopted.
Rep. Kaiser moved as a substitute motion that the report of the Joint-Select Committee
relative to the Joint Rules for the Ninety-second Legislative Session as found on page 42 of the
House Journal not be adopted and be returned to the Joint-Select Committee.
The question being on Rep. Kaiser's substitute motion that the report of the Joint-Select
Committee relative to the Joint Rules for the Ninety-second Legislative Session as found on
page 42 of the House Journal not be adopted and be returned to the Joint-Select Committee.
And the roll being called:
Yeas 19, Nays 47, Excused 4, Absent 0
Yeas:
Brunner; Campbell; Clark; Dennert; DiSanto; Frye-Mueller; Goodwin; Gosch; Greenfield
(Lana); Haugaard; Howard; Johns; Kaiser; Karr; Latterell; Livermont; Marty; May; Pischke
Nays:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Carson; Chase; Duvall; Glanzer; Haggar;
Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johnson; Kettwig; Lake;
Lesmeister; Lust; McCleerey; McPherson; Mills; Peterson (Kent); Peterson (Sue); Qualm;
Rasmussen; Reed; Rhoden; Ring; Rounds; Schaefer; Schoenfish; Smith; Soli; Steinhauer;
Tieszen; Tulson; Turbiville; Willadsen; Wismer; Wollmann; York; Zikmund; Speaker
Mickelson
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
The question being on Rep. Qualm's motion that the report of the Joint-Select Committee
relative to the Joint Rules for the Ninety-second Legislative Session as found on page 42 of the
House Journal be adopted.
And the roll being called:
Yeas 51, Nays 15, Excused 4, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Carson; Chase; Clark; DiSanto; Duvall;
Glanzer; Haggar; Hawley; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns;
Johnson; Kettwig; Lake; Lesmeister; Lust; McCleerey; McPherson; Mills; Peterson (Kent);
Peterson (Sue); Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Schaefer;
Schoenfish; Smith; Soli; Steinhauer; Tieszen; Tulson; Turbiville; Willadsen; Wismer;
Wollmann; York; Zikmund; Speaker Mickelson
Nays:
Brunner; Campbell; Dennert; Frye-Mueller; Goodwin; Gosch; Greenfield (Lana); Haugaard;
Howard; Kaiser; Karr; Latterell; Livermont; Marty; May
Excused:
Conzet; Otten (Herman); Rozum; Stevens
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried.
HB 1052 Introduced by: Representatives Haggar, DiSanto, Latterell, and Rhoden and
Senators Curd, Ewing, Langer, Netherton, and Novstrup
FOR AN ACT ENTITLED, An Act to provide certain protections for public employees
who report violations of law.
Was read the first time and referred to the Committee on State Affairs.
Rep. Beal moved that the House do now adjourn, which motion prevailed and at 1:08 p.m.
the House adjourned.
WHEREAS, this executive order has been submitted to the 92nd Legislative Assembly on the
4th legislative day, being the 13th day of January, 2017;
IT IS, THEREFORE, BY EXECUTIVE ORDER, directed that the executive branch of state
government be reorganized to comply with the following sections of this order.
Section 2. Any agency not enumerated in this order, but established by law within another
agency which is transferred to a principal department under this order, shall also be transferred
in its current form to the same principal department and its functions shall be allocated between
itself and the principal department as they are now allocated between itself and the agency
within which it is established.
Section 3. "Agency" as used in this order shall mean any board, authority, commission,
department, bureau, division or any other unit or organization of state government.
Section 4. "Function" as used in this order shall mean any authority, power, responsibility,
duty or activity of an agency, whether or not specifically provided for by law.
Section 5. Unless otherwise provided by this order, division directors shall be appointed
by the head of the department of which the division is a part, and shall be removable at the
pleasure of the department head, provided, however, that both the appointment and removal of
division directors shall be subject to approval by the Governor.
Section 6. It is the intent of this order not to repeal or amend any laws relating to functions performed by an agency, unless the intent is specifically expressed in this order or unless there is an irreconcilable conflict between this order and those laws.
Section 8. Except when inconsistent with the other provisions of this order all rules,
regulations and standards of the agencies involved in executive reorganization in effect on the
effective date of this order, shall continue with full force and effect until they are specifically
altered, amended, or revoked in the manner provided by law, unless the statutory authority for
such rules is superseded by this order.
Section 9. It is hereby declared that the sections, clauses, sentences and parts of this
executive order are severable, are not matters mutual essential inducement, and any of them
may be excised by any court of competent jurisdiction if any section, clause, sentence or part
of this executive order would otherwise be unconstitutional or ineffective.
Section 10. In the event that it has been determined that a function of a transferred agency,
which has not been eliminated by this order, and its associated records, personnel, equipment,
facilities, unexpended balances or appropriations, allocations or other funds have not been
clearly allocated to an agency, the Governor shall specify by interim procedures the allocation
of the function and its associated resources. At the next legislative session following the
issuance of such interim procedures, the Governor shall make recommendations concerning the
proper allocation of the functions or transferred agencies which are not clearly allocated by this
order. Any interim procedures issued in conjunction with this section shall be filed with the
Secretary of State.
Section 11. The rights, privileges and duties of the holders of bonds and other obligations
issued, and of the parties to contracts, leases, indentures, and other transactions entered into,
before the effective date of this order, by the state or by any agency, officer, or employee
thereof, and covenants and agreements as set forth therein, remain in effect, and none of those
rights, privileges, duties, covenants, or agreements are impaired or diminished by abolition of
an agency in this order. The agency to which functions of another agency are transferred is
substituted for that agency and succeeds to its rights and leases, indentures, and other
transactions.
Section 12. No judicial or administrative suit, action or other proceeding lawfully
commenced before the effective date of this order by or against any agency or any officer of the
state, in his official capacity or in relation to the discharge of his official duties, shall abate or
be affected by reason of taking effect of any reorganization under the provision of this order.
The court may allow the suit, action or other proceeding to be maintained by or against the
successor of any agency or any officer affected by this order.
Section 13. If any part of this order is ruled to be in conflict with federal requirements which are a prescribed condition to the receipt of federal aid by the state, an agency or a
political subdivision, that part of this order has no effect and the Governor may by executive
order make necessary changes to this order to receive federal aid, and the changes will remain
in effect until the last legislative day of the next legislative session or until the Legislature
completes legislation addressed to the same questions, whichever comes first.
Section 14. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are required 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.
Section 15. Any provisions of law in conflict with this order are superseded.
Section 16. Whenever a function is transferred by this order, all personnel, records,
property, unexpended balances or appropriations, allocations or other funds utilized in
performing the function are also transferred by this order.
Section 17. The effective date of this Executive Reorganization Order #2017-01 shall be
ninety days after its submission to the Legislature.
Section 19. The functions of the South Dakota Advisory Council on Aging established by
Executive Order 2012-04 shall now be performed in relation to the Department of Human
Services. The Secretary of Human Services shall perform the functions of the former Secretary
of Social Services relating to the South Dakota Advisory Council on Aging.
Section 20. That § 1-36-36 be amended to read as follows.
1-36-36. Each person hired by the Department of Social Services to serve as a social service aide, family services specialist, family services specialist supervisor, and regional manager in the Division of Child Protection Services or by the Department of Human Services as a home health aide, adult services and aging specialist, social services supervisor, and regional manager in the Division of Adult Services and Aging shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The department shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall
be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation
for a national criminal history record check. Any person whose employment is subject to the
requirements of this section may enter into service on a temporary basis pending receipt of
results of the criminal background investigation. The department may, without liability,
withdraw its offer of employment or terminate the temporary employment without notice if the
report reveals a disqualifying record. Any person whose employment is subject to the
requirements of this section shall pay any fees charged for the criminal record check.
Section 21. That § 1-36A-1.3 be amended to read as follows.
1-36A-1.3. Agencies constituting department. The Department of Human Services shall
consist of the following agencies:
(1) The Division of Developmental Disabilities;
(2) South Dakota Developmental Center--Redfield;
(3) The Division of Rehabilitation Services;
(4) The Division of Service to the Blind and Visually Impaired;
(5) The Division of Adult Services and Aging.
Section 22. That § 22-46-5 be amended to read as follows.
22-46-5. The person or agency that receives, pursuant to § 22-46-7, a report of abuse,
neglect, or exploitation of an elder or adult with a disability shall also forward the report to the
Office of the Attorney General, if the person or agency determines that reasonable suspicion
exists to support further investigation. In investigating a violation of this chapter, law
enforcement agencies shall cooperate with and assist the Department of Social Human Services.
Upon receiving a report made pursuant to this chapter, the law enforcement agency shall
evaluate whether a criminal investigation is appropriate.
Section 23. That § 22-46-7 be amended to read as follows.
22-46-7. A report of abuse, neglect, or exploitation under this chapter may be made orally
or in writing to the state's attorney of the county in which the elder or disabled adult resides or
is present, to the Department of Social Human Services, or to the law enforcement officer. The
state's attorney or law enforcement officer, upon receiving a report, shall immediately notify
the Department of Social Human Services.
22-46-9. Any:
(1) Physician, dentist, doctor of osteopathy, chiropractor, optometrist, podiatrist, religious
healing practitioner, hospital intern or resident, nurse, paramedic, emergency medical
technician, social worker, or any health care professional;
(2) Psychologist, licensed mental health professional, or counselor engaged in professional
counseling; or
(3) State, county, or municipal criminal justice employee or law enforcement officer;
who knows, or has reasonable cause to suspect, that an elder or adult with a disability has been
or is being abused, neglected, or exploited, shall, within twenty-four hours, report such
knowledge or suspicion orally or in writing to the state's attorney of the county in which the
elder or adult with a disability resides or is present, to the Department of Social Human
Services, or to a law enforcement officer. Any person who knowingly fails to make the required
report is guilty of a Class 1 misdemeanor.
A person described in this section is not required to report the abuse, neglect, or
exploitation of an elder or adult with a disability if the person knows that another person has
already reported to a proper agency the same abuse, neglect, or exploitation that would have
been the basis of the person's own report.
Section 25. That § 28-1-44 be transferred to chapter 1-36A and amended to read as
follows.
28-1-44. The Department of Social Human Services may establish a program of services
for adults and the elderly to promote the development, coordination, and utilization of resources
to meet the long-term needs of adults and the elderly and to provide services to assist them in
their social and health problems. The program may include program planning and development,
coordination of services for adults and the elderly, and administration of programs funded under
the Older Americans Act, Social Security Act, and other federal programs which are available
for health, social, transportation, nutrition, counseling, protective, and referral services for
adults and the elderly.
Section 26. That § 28-1-45 be transferred to chapter 1-36A.
Section 27. That § 28-1-45.1 be transferred to chapter 1-36A.
Section 28. That § 28-1-45.2 be transferred to chapter 1-36A.
Section 29. That § 28-1-45.5 be transferred to chapter 1-36A.
Section 31. That § 29A-5-110 be amended to read as follows.
29A-5-110. Any adult individual may be appointed as a guardian, a conservator, or both,
if capable of providing an active and suitable program of guardianship or conservatorship for
the minor or protected person, and if not employed by any public or private agency, entity, or
facility that is providing substantial services or financial assistance to the minor or protected
person. The court may waive the prohibition on appointing an individual as guardian or
conservator because of the individual's employment if the court finds the appointment is in the
best interest of the minor or protected person.
Any public agency or nonprofit corporation may be appointed as a guardian, a conservator,
or both, if it is capable of providing an active and suitable program of guardianship or
conservatorship for the minor or protected person, and if it is not providing substantial services
or financial assistance to the minor or protected person.
Any bank or trust company authorized to exercise trust powers or to engage in trust
business in this state may be appointed as a conservator if it is capable of providing a suitable
program of conservatorship for the minor or protected person.
The Department of Human Services or the Department of Social Services may be
appointed as a guardian, a conservator, or both, for individuals under its care to whom it is
providing services or financial assistance, but such appointment may only be made if there is
no individual, nonprofit corporation, bank or trust company, or other public agency that is
qualified and willing to serve.
No individual or entity, other than a bank or trust company, whose only interest is that of
a creditor, is eligible for appointment as either a guardian or conservator.
No individual who has been convicted of a felony is eligible for appointment as a guardian
or conservator unless the court finds appointment of the person convicted of a felony to be in
the best interests of the person for whom the guardianship or conservatorship is sought. As part
of the best interest determination, the court shall consider the nature of the offense, the date of
offense, and the evidence of the proposed guardian's or proposed conservator's rehabilitation.
A person, except for a financial institution or its officers, directors, employees, or agents, or a trust company, who has been nominated for appointment as a guardian or conservator, shall obtain an Interstate Identification Index criminal history record check and a record check of South Dakota state court civil judgments for abuse, neglect, or exploitation of an elder or adult with a disability. The nominee shall file the results of these record checks with the court at least ten days prior to the appointment hearing date, unless waived or modified by the court for good cause shown by affidavit filed simultaneously with the petition for appointment.
Section 32. That § 29A-5-305 be amended to read as follows.
29A-5-305. A petition for the appointment of a guardian, a conservator, or both, may be
filed by the person alleged to need protection, by an interested relative, by the individual or
facility that is responsible or has assumed responsibility for the person's care or custody, by the
individual or entity that the person has nominated as guardian or conservator, or by any other
interested person, including the department of human services or the department of social
services.
The petition shall state the petitioner's name, place of residence, post office address, and
relationship to the person alleged to need protection, and shall, to the extent known as of the
date of filing, state the following with respect to the person alleged to need protection and the
relief requested:
(1) The person's name, date of birth, place of residence or location, and post office address
or, if it is alleged that the person is an absentee, the person's last known residence and post
office address;
(2) The names and post office addresses of the person's nearest relatives, in the following
order:
(a) The spouse and children, if any; or if none
(b) The parents and brothers and sisters, if any; or if none
(c) The nearest known relatives who would be entitled to succeed to the person's estate
by intestate succession;
(3) The name, place of residence or location, and post office address of the individual or
facility that is responsible for or has assumed responsibility for the person's care or custody;
(4) The name, place of residence or location, and post office address of any agent or agents
designated under a durable power of attorney of which the person alleged to need protection is
the principal, and the petitioner shall attach a copy of any such power or powers of attorney, if
available;
(6) If the petition alleges that the person is an absentee, a statement of the relevant
circumstances, including the time and nature of the disappearance or detention and a description
of any search or inquiry concerning the person's whereabouts;
(7) The type of guardianship or conservatorship requested, the reasons therefor, and the
interest of the petitioner in the appointment;
(8) The name, post office address and, if the proposed guardian or conservator is an
individual, the individual's age, occupation and relationship to the person alleged to need
protection;
(9) The name, post office address and, if the person alleged to need protection has
nominated a guardian or conservator who is an individual, the individual's age, occupation and
relationship to the person alleged to need protection;
(10) The name and post office address of any guardian or conservator currently acting,
whether in this state or elsewhere;
(11) If the appointment of a limited guardian is requested, the specific areas of protection
and assistance to be included in the court's order of appointment; and
(12) If the appointment of a limited conservator is requested, the specific areas of
management and assistance to be included in the court's order of appointment.
Dated in Pierre, South Dakota, this 13th day of January, 2017.
Dennis Daugaard
Governor of South Dakota
(Seal) ATTEST:
Teresa Bray, Deputy
On behalf of Shantel Krebs
Secretary of State
WHEREAS, this executive order has been submitted to the 92nd Legislative Assembly on
the 4th legislative day, being the 13th day of January, 2017;
IT IS, THEREFORE, BY EXECUTIVE ORDER, directed that the executive branch of
state government be reorganized to comply with the following sections of this order.
Section 2. Any agency not enumerated in this order, but established by law within
another agency which is transferred to a principal department under this order, shall also be
transferred in its current form to the same principal department and its functions shall be
allocated between itself and the principal department as they are now allocated between
itself and the agency within which it is established.
Section 3. "Agency" as used in this order shall mean any board, authority, commission,
department, bureau, division or any other unit or organization of state government.
Section 4. "Function" as used in this order shall mean any authority, power,
responsibility, duty or activity of an agency, whether or not specifically provided for by law.
Section 5. Unless otherwise provided by this order, division directors shall be
appointed by the head of the department or bureau of which the division is a part, and shall
be removable at the pleasure of the department or bureau head, provided, however, that both
the appointment and removal of division directors shall be subject to approval by the
Governor.
Section 6. It is the intent of this order not to repeal or amend any laws relating to
functions performed by an agency, unless the intent is specifically expressed in this order or
unless there is an irreconcilable conflict between this order and those laws.
Section 8. Except when inconsistent with the other provisions of this order all rules,
regulations and standards of the agencies involved in executive reorganization in effect on
the effective date of this order, shall continue with full force and effect until they are
specifically altered, amended, or revoked in the manner provided by law, unless the
statutory authority for such rules is superseded by this order.
Section 9. It is hereby declared that the sections, clauses, sentences and parts of this
executive order are severable, are not matters of mutual essential inducement, and any of
them may be excised by any court of competent jurisdiction if any section, clause, sentence
or part of this executive order would otherwise be unconstitutional or ineffective.
Section 10. In the event that it has been determined that a function of a transferred
agency, which has not been eliminated by this order, and its associated records, personnel,
equipment, facilities, unexpended balances or appropriations, allocations or other funds
have not been clearly allocated to an agency, the Governor shall specify by interim
procedures the allocation of the function and its associated resources. At the next legislative
session following the issuance of such interim procedures, the Governor shall make
recommendations concerning the proper allocation of the functions of transferred agencies
which are not clearly allocated by this order. Any interim procedures issued in conjunction
with this section shall be filed with the Secretary of State.
Section 11. The rights, privileges and duties of the holders of bonds and other
obligations issued, and of the parties to contracts, leases, indentures, and other transactions
entered into, before the effective date of this order, by the state or by any agency, officer, or
employee thereof, and covenants and agreements as set forth therein, remain in effect, and
none of those rights, privileges, duties, covenants, or agreements are impaired or diminished
by abolition of an agency in this order. The agency to which functions of another agency are
transferred is substituted for that agency and succeeds to its rights and leases, indentures,
and other transactions.
Section 12. No judicial or administrative suit, action or other proceeding lawfully
commenced before the effective date of this order by or against any agency or any officer of
the state, in his official capacity or in relation to the discharge of his official duties, shall
abate or be affected by reason of the taking effect of any reorganization under the provisions
of this order. The court may allow the suit, action or other proceeding to be maintained by or
against the successor of any agency or any officer affected by this order.
Section 13. If any part of this order is ruled to be in conflict with federal requirements which are a prescribed condition to the receipt of federal aid by the state, an agency or a political subdivision, that part of this order has no effect and the Governor may by executive order make necessary changes to this order to receive federal aid, and the changes will
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.
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.
Section 15. Any provisions of law in conflict with this order are superseded.
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.
Section 17. The effective date of this Executive Reorganization Order #2017-01 shall
be ninety days after its submission to the Legislature.
Section 19. 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 "Division of Securities" and inserting "Division of Insurance."
37-5B-1; 37-5B-5; 37-5B-44; 37-24-5.2; 37-25A-1; 37-25A-3; 37-25A-4; 37-25A-5;
37-25A-8; 37-25A-9; 37-25A-11; 37-25A-12; 37-25A-13; 37-25A-18; 37-25A-19;
37-25A-20; 37-25A-22; 37-25A-23; 37-25A-25; 37-25A-26; 37-25A-27; 37-25A-28;
37-25A-29; 37-25-30; 37-25A-31; 37-25A-32; 37-25A-33; 37-25A-34; 37-25A-35;
37-25A-36; 37-25A-41; 37-25A-42; 37-25A-44; 37-25A-45; 58-28-31
Section 20. That § 1-37-21 be amended to read as follows:
1-37-21. Administrative functions performed for subordinate divisions. The
Department of Labor and Regulation shall, under the direction and control of the secretary
of labor and regulation, perform all administrative functions (as defined in § 1-32-1) of the
following divisions:
(1) The Division of Banking, created by chapter 51A-2;
(2) The Division of Securities;
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.
Section 21. That § 1-37-16 be repealed.
1-37-16. Division of Securities transferred. The Division of Securities and its functions
in the former Department of Revenue and Regulation are transferred to the Department of
Labor and Regulation created by Executive Reorganization Order 2011-01. The secretary of
labor and regulation shall perform the functions of the former secretary of revenue and
regulation, relating to the Division of Securities.
Section 22. That § 1-47-8 be repealed.
1-47-8. Division of Securities transferred. The Division of Securities and its functions
in the former Department of Revenue and Regulation are transferred to the Department of
Labor and Regulation. The secretary of the Department of Labor and Regulation shall
perform the functions of the former secretary of the Department of Revenue and Regulation,
relating to the Division of Securities.
Dated in Pierre, South Dakota, this 13th day of January, 2017.
Dennis Daugaard
Governor of South Dakota
(Seal) ATTEST:
Teresa Bray, Deputy
On behalf of Shantel Krebs
Secretary of State