ENTITLED, An Act to repeal and to make style and form revisions to certain provisions related to
the Department of Human Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-36A-1.7 be repealed.
Section 2. That § 1-36A-1.8 be repealed.
Section 3. That § 1-36A-1.9 be repealed.
Section 4. That § 1-36A-1.10 be repealed.
Section 5. That § 1-36A-1.17 be amended to read as follows:
1-36A-1.17. The Department of Human Services may condemn private property for public use.
For the purposes of this section, private property includes that portion of any street, alley, or other
public highway along both sides of which the land is owned by the state. If the Department of
Human Services considers it necessary to condemn any private property for the purpose of erecting
or repairing any building or extending grounds and premises of any of the institutions of the state
of which the department has control, the secretary of human services shall, by proper resolution and
order, declare such condemnation necessary, stating the purposes and extent thereof, and shall notify
the attorney general. Thereupon, the condemnation shall proceed, in the name of the state as plaintiff,
as provided in chapter 21-35.
Section 6. That § 1-36A-1.18 be amended to read as follows:
1-36A-1.18. The Department of Human Services and the Department of Social Services may
expend from any appropriation of money for the construction of any public building that may
lawfully be constructed under its supervision, or from any appropriation made for such purposes,
sufficient funds to purchase and secure insurance protection from loss by fire during the erection of
such building in an amount determined by the secretary of human services or the secretary of social
Section 7. That § 1-36A-1.19 be amended to read as follows:
1-36A-1.19. The Department of Human Services and the Department of Social Services may
move, dismantle, destroy, or sell any temporary buildings or structures if the secretaries determine
the action is in the best interests of the State of South Dakota, in order to make better use of the area,
or because of extensive maintenance and repair costs or fire safety hazards. However, no such action
may occur unless the Bureau of Administration evaluates the buildings or structures and
subsequently determines that it is not economically feasible to repair, remodel, or redesign the
structures for other use.
Receipts from the sale of such structures shall be deposited in the state general fund.
Section 8. That § 1-36A-1.20 be amended to read as follows:
1-36A-1.20. The Department of Human Services and the Department of Social Services may
expend any moneys appropriated by the Legislature for maintenance, repair, remodeling,
modernization, and replacement projects by using institutional personnel or inmates if the secretaries
determine that such use is practicable.
Section 9. That § 1-36A-1.24 be amended to read as follows:
1-36A-1.24. The secretary of human services may examine the condition of any institution under
the department's control, financially or otherwise; examine the methods of instruction and treatment
and management of patients, the official conduct of all officers and employees, the condition of the
buildings, grounds and other property, and all other matters pertaining to the functioning and
management of the institution. For these purposes the secretary shall have free access to the grounds,
buildings, and all books and papers relating to the institution, and all persons connected with the
institution shall give such information and open such facilities for inspection as the secretary may
require, and any neglect or refusal on the part of any officer, employee, or person connected with an
institution to comply with the requirements of this section is sufficient cause for removal. The
secretary may administer oaths and examine any person in relation to any matter connected with the
inquiries authorized by this chapter.
Section 10. That § 1-36A-1.25 be amended to read as follows:
1-36A-1.25. If, in the opinion of the secretary of human services, any matter in regard to the
management of any institution under the department's control, or any matter in regard to any patient
of any institution under the department's control, requires legal investigation or action of any kind,
the secretary shall notify the attorney general, who shall investigate and take any actions the attorney
general considers necessary and proper, and report any actions taken and the results thereof to the
secretary without delay.
Section 11. That § 1-36A-3 be amended to read as follows:
1-36A-3. There is hereby created within the Department of Human Services the following
(1) The Division of Rehabilitation Services, which is the state agency to administer the state
vocational rehabilitation plan to provide rehabilitation services to individuals except
persons who are blind or visually impaired; and
(2) The Division of Service to the Blind and Visually Impaired, which is the state agency to
administer the state vocational rehabilitation plan to provide rehabilitation services to
persons who are blind or visually impaired.
Section 12. That § 1-36A-6 be repealed.
Section 13. That § 1-36A-10.1 be amended to read as follows:
1-36A-10.1. The Department of Human Services shall register and renew the registration
annually of any person certified in accordance with § 1-36A-10.4 or 1-36A-10.5 who demonstrates
compliance with §§ 1-36A-10.1 to 1-36A-16, inclusive, and who pays the applicable fees unless
good cause exists to deny the registration.
An Act to repeal and to make style and form revisions to certain provisions related to the
Department of Human Services.
I certify that the attached Act
originated in the
SENATE as Bill No. 2
Secretary of the Senate
President of the Senate
Secretary of the Senate
Speaker of the House
Senate Bill No. 2
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State