State of South Dakota  
EIGHTY-SECOND SESSION
LEGISLATIVE ASSEMBLY,  2007  

453N0752  
HOUSE BILL   NO.     1242  

Introduced by:     Representative Elliott and Senator Hundstad  


         FOR AN ACT ENTITLED, An Act to  provide for the reimbursement of attorney's fees and costs for certain reinstated public employees and to make an appropriation to reimburse Mr. Marland Eldredge for such costs and fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 3-6A-38.2 be amended to read as follows:
     3-6A-38.2.   In resolving a grievance, the commission may reinstate an employee who has been disciplined without good cause. When If reinstatement is ordered by the commission , the order shall include but is not limited to one or more of the following forms of relief: an award of back pay; an award of back benefits; placement in the same position and location that the employee held before the discipline; or placement in a comparable position and location that the employee held before the discipline. In addition, the reinstated employee shall receive attorney's fees and costs. Any award of back pay and , benefits which , attorney's fees, or costs that adversely affects an agency's budget shall be considered advisory and submitted by the affected agency to the committee created by chapter 4-8A or the next session of the Legislature.
     Section  2.  There is hereby appropriated from the general fund the sum of nine thousand five hundred twenty-two dollars and sixty-two cents ($ 9,522.62 ), or so much thereof as may be

necessary, to the Department of Human Services to reimburse Mr. Marland Eldredge of Ashton, South Dakota, for attorney's fees and costs associated with a proceeding that resulted in a memorandum decision by the South Dakota Career Service Commission rendered on August 1, 2005, reinstating Mr. Eldredge as an employee of the Department of Human Services.
     Section  3.  The secretary of human services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.
     Section  4.  Any amounts appropriated in this Act not lawfully expended or obligated by June   30, 2008, shall revert in accordance with §   4-8-21.