ENTITLED, An Act to revise certain provisions relating to state employees and to the administration
of state personnel matters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. 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 Administration, the Bureau of Human Resources, 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
Section 2. That § 1-33-5 be repealed.
Section 3. That § 1-33-6 be repealed.
Section 4. That § 1-33-9 be amended to read as follows:
1-33-9. The Bureau of Human Resources shall:
(1) Provide workers' compensation coverage and a group health and flexible benefit plan for
all state employees unless such duties are delegated to another agency pursuant to chapter
(2) Administer recruitment and classification for all civil service employees unless such
duties are delegated to another agency pursuant to chapter 1-24;
(3) Provide human resource management and programs including programs governing human
resource planning, training and development, internships, performance evaluation,
employee assessment and testing, classification, compensation, recruitment, and other
matters relating to human resource management for all of the executive branch of state
government under the control of the Governor and by agreement for other state
(4) Perform all administrative functions for the Civil Service Commission;
(5) Employ such staff as are necessary to perform its duties; and
(6) Contract as is necessary to perform its duties.
Section 5. That § 1-33-10 be amended to read as follows:
1-33-10. The Bureau of Human Resources is administered by a commissioner appointed by the
Governor with the advice and consent of the Senate. The commissioner serves at the pleasure of the
Section 6. That § 1-33-11 be repealed.
Section 7. That § 1-33-12 be repealed.
Section 8. That § 1-33-13 be repealed.
Section 9. That § 3-1-1.1 be amended to read as follows:
3-1-1.1. No person who is required by the Military Selective Service Act, 50 U.S.C. § 453, as
amended and in effect on January 1, 2012, to register with the selective service system and who has
not done so, may be hired by the state or a county, township, municipality, school district, or any
other governmental unit or department in any capacity.
Section 10. That chapters 3-6, 3-6A, 3-6B, 3-7, 3-12A, §§ 1-36A-20 to 1-36A-24, inclusive,
§§ 23-3-65 to 23-3-69, inclusive, and §§ 41-20-8.4 to 41-20-8.8, inclusive, be repealed.
Section 11. Code counsel is directed to codify sections 12 to 36, inclusive, of this Act, as chapter
3-6C and entitle that chapter, State Employment General Provisions.
Section 12. Terms as used in sections 13 to 87, inclusive, of this Act, mean:
(1) "Appointing authority," the hiring entity;
(2) "Commission," the Civil Service Commission;
(3) "Bureau," the Bureau of Human Resources;
(4) "Bureau commissioner," the head of a bureau;
(5) "Civil service," a system of human resource management for the executive branch of state
government based on merit principles governing the appointment, promotion,
compensation, removal, transfer, and other matters related to human resource
(6) "Civil service employee," a state employee not otherwise exempted by the provisions of
(7) "Change in family status," marriage, divorce, or death of the member, spouse, or any
covered dependent; birth or adoption of a child; or a change in the employment status of
the member, spouse, or any covered dependent;
(8) "Class of positions," all civil service positions which are sufficiently similar in kind or
subject matter of work performed, level of difficulty and responsibility, and qualification
requirements to warrant similar treatment in personnel and pay administration;
(9) "Compensation," the total compensation, which includes direct salary and fringe benefits.
Fringe benefits includes employer paid retirement programs, social security, health
insurance, life insurance, and any other programs offering a benefit to the employee in
which the employer participates;
(10) "Contribution," the dollar amount established by the commissioner sufficient to cover the
cost of the insurance plan;
(11) "Department secretary," a person appointed by and serving at the pleasure of the Governor
to administer one of the major departments of state government;
(12) "Dependent," a person who is not an employee and is:
(a) An employee's spouse who is not divorced or legally separated from the employee;
(b) An employee's child who is:
(i) Under the age of twenty-six or under the age of twenty-nine if a full-time
(ii) Not benefit eligible through their employer or spouses employer; and
(iii) Not in military service;
(13) "Deputy," a person who serves as first assistant to, and at the pleasure of, a department
secretary, bureau commissioner, or division director if allowed by law;
(14) "Division director," a person appointed by and serving at the pleasure of the department
secretary to administer a division within a major department of state government;
(15) "Eligible employee," an active employee placed in a permanent position, employed by a
participating agency and scheduled to work twenty or more hours a week at least six
months of the year;
(16) "Employee," any person working for state government, paid by the State of South Dakota,
or remunerated by other funds raised, appropriated, or otherwise generated by the state.
The term does not include any person working for any authority authorized by law;
(17) "Employer," the State of South Dakota;
(18) "Executive branch employee," any employee working for state government except those
working for the legislative or judicial branches of state government;
(19) "Human Resources commissioner," the commissioner of the Bureau of Human Resources;
(20) "Law enforcement employee," any certified law enforcement officer working for the
Division of Criminal Investigation or the Highway Patrol;
(21) "Member," a state employee or retiree who is covered by the plan as the primary insured
and who may elect to have his or her dependents covered by the plan;
(22) "Plan," the state employee's benefit insurance plan as created by this Act;
(23) "Position," a collection of duties and responsibilities assigned by the appointing authority
to one person;
(24) "Safety-sensitive position," any law enforcement officer authorized to carry firearms and
any custody staff employed by any agency responsible for the rehabilitation or treatment
of any adjudicated adult or juvenile;
(25) "Self-insured," a state-supported benefit plan in which the initial risk for any losses is
born by the plan;
(26) "Substance," marijuana as defined in subdivision 22-42-1(7) and any controlled drug or
substance as defined in chapter 34-20B.
Section 13. The Bureau of Human Resources shall perform human resource functions for the
(1) Board of Regents;
(2) Board of Trustees of the South Dakota Retirement System; and
(3) All other state departments, bureaus, divisions, boards, and commissions of the executive
The Bureau of Human Resources may delegate human resource functions to either the Board of
Regents or the Trustees of the South Dakota Retirement System through agreements entered into
pursuant to chapter 1-24.
Section 14. No temporary employee nor any patient, inmate, or student employee, as defined by
any rules promulgated by the Civil Service Commission pursuant to chapter 1-26, may receive any
compensation for any holiday as defined in § 1-5-1. However, the employee shall be compensated
for any hours actually worked on such holidays.
Section 15. Each state employee shall earn fifteen working days vacation time per full year of
employment. Any employee with more than fifteen years employment shall receive twenty working
days vacation with pay for each year of employment. Such leave shall be accrued on an hourly,
biweekly, semimonthly, or monthly basis as determined by the commissioner of Human Resources.
No vacation hours earned may be used until the employee has served the initial six-month period.
Vacation hours are cumulative only to the extent of that which may be earned in a period of time not
exceeding two years of regular and continuous state employment. No advanced leave of absence for
vacation with pay may be granted at any time.
Section 16. Any state employee, including any state employee exempt from the provisions of this
chapter, who has been employed by the state for a period of six months is entitled to vacation leave.
However, no temporary or emergency employee, as defined by any rules promulgated by the Civil
Service Commission pursuant to chapter 1-26, and no patient, inmate, or student employee is eligible
for vacation leave. Any part-time employee who has served an accumulative six-month period is
entitled to vacation leave.
Section 17. Any employee who retires or voluntarily resigns may terminate employment at the
end of the employee's accrued vacation period or receive a lump-sum payment for the unused
vacation time which has accrued as of the employee's final day on the payroll. Any employee
meeting the definition of a participant as set out in subdivision 3-13A-2(8) shall have such lump-sum
payment transmitted to the fund pursuant to the provisions of § 3-13A-5. However, if the employee
dies, payment for the accumulated leave of absence for vacation time shall be paid according to
§§ 3-8-8 to 3-8-11, inclusive.
Section 18. In addition to the leave of absence for vacation as provided in section 16 of this Act,
each employee of the state, except temporary and emergency employees as defined by Civil Service
Commission rules, and patient, inmate, and student employees, is entitled to fourteen days leave of
absence for sickness without loss of pay, exclusive of Saturdays, Sundays, and holidays, for each
year the employee is in the employment of the state. Leave of absence for sickness shall be accrued
on an hourly, biweekly, semimonthly, or monthly basis as determined by the commissioner of
Human Resources and shall accumulate without limit as to the number of days of such accumulation.
Any leave of absence for sickness shall be supported by a medical certificate upon the request of the
commissioner of Human Resources. No employee is entitled to more than the employee's accrued
and earned leave of absence for sickness without first using up any and all of the employee's
accumulated and earned leave of absence for vacation.
An employee may use up to five days of the employee's sick leave annually for personal
emergency reasons. Leave for personal emergencies may not be accrued from year to year. The Civil
Service Commission, pursuant to chapter 1-26, shall promulgate rules to implement this provision.
Adoption of a child by any state employee is treated as natural childbirth for leave purposes.
Section 19. Any state employee may accrue vacation leave, but not sick leave, while receiving
workers' compensation under § 62-4-3.
Section 20. Leave of absence for sickness may be advanced to an employee who has been in
regular and continuous employment of the state for at least one full year if the employee has used
up all of the employee's earned leave of absence for vacation and sickness. If an employee receives
advanced sick leave, any subsequent sick leave earned by the employee shall be credited against the
employee's negative sick leave balance until the advanced sick leave is repaid. At no time shall the
employee's advanced negative sick leave balance exceed twenty-eight days. Advanced leave of
absence for sickness is within the discretion of the bureau under rules promulgated by the Civil
Service Commission pursuant to chapter 1-26, and is authorized only if the bureau's consent has first
Section 21. No state employee may be allowed compensation under § 62-4-3 for a period for
which the employee has also received sick pay authorized by section 18 or 20 of this Act or vacation
pay authorized by section 16 of this Act. Nothing in this section limits any other compensation or
benefits due employees of the state under Title 62.
Section 22. If an injured state employee's workers' compensation benefits are not equal to the
employee's salary, the employee may, notwithstanding any provision in section 21 of this Act, use
sick pay or vacation pay in an amount necessary to make up the difference between the employee's
salary and the workers' compensation benefits.
Section 23. Every state employee, who has been continuously employed in a permanent position
by the State of South Dakota or any department or agency thereof for at least seven years prior to the
date of the employee's retirement, voluntary resignation, layoff, termination for inability to perform
job functions due to physical disability or death, shall receive payment for one-fourth of the unused
leave of absence for sickness which has accrued as of the employee's final day on payroll. The
payment may not exceed the sum of four hundred eighty hours. Payment shall be made in a lump
sum with the employee's last payroll warrant. Any employee meeting the definition of a participant
as set out in subdivision 3-13A-2(8) shall have such lump-sum payment transmitted to the fund
pursuant to the provisions of § 3-13A-5. However, in the case of death of the employee, payment for
such accumulated leave of absence for sickness shall be paid as provided under the provisions of
§§ 3-8-8 to 3-8-11, inclusive.
Section 24. Any employee of the state may donate accrued vested leave to another state employee
who meets all of the following criteria:
(1) The recipient employee is terminally ill and the employee's condition does not allow a
return to work;
(2) The recipient employee is suffering from an acutely life threatening illness or injury which
has been certified by a licensed physician as having a significant likelihood of terminating
fatally and the employee's physical condition does not allow a return to work for a period
of at least ninety consecutive days; and
(3) All leave benefits for which the recipient employee is eligible have been exhausted.
The donation is not allowed after the recipient employee is able to return to work or is approved
for disability benefits provided for in § 3-12-98 or any other public disability benefits.
The donation of accrued vested leave may not exceed two thousand eighty hours per recipient
employee as defined in subdivision (1) of this section or one thousand forty hours per illness or
injury for a recipient employee as defined in subdivision (2) of this section, not to exceed two
thousand eighty hours per recipient. The donation shall be approved by the Bureau of Human
Resources under rules promulgated by the Civil Service Commission pursuant to chapter 1-26,
including number of hours to be donated, confidentiality of a donation, definition of terminally ill,
definition of life threatening illness or injury, criteria for determining employee eligibility to receive
or donate leave, coordination of leave donation with disability and other public benefits and in
compliance with the provisions of section 23 of this Act, and procedures for approval of the
Section 25. Any donation of leave pursuant to section 23 or 24 of this Act may be restricted as
(1) The donating employee may only donate leave to an employee who is at the same or lower
paygrade as the donating employee; and
(2) The donation may be denied based upon funding considerations within the agency, at the
discretion of the commissioner.
Section 26. Any employee of the state may donate vacation leave to another state employee who
meets all of the following criteria:
(1) The recipient employee will use the donated leave to care for the recipient employee's
spouse, child, or parent who is terminally ill;
(2) The recipient employee's spouse, child, or parent is suffering from an acutely life
threatening illness or injury which has been certified by a licensed physician as having a
significant likelihood of terminating fatally; and
(3) All leave benefits for which the recipient employee is eligible have been exhausted.
The total paid leave, including the donated vacation leave pursuant to this section, may not
exceed twelve weeks annually per recipient employee. The donation shall be approved by the Bureau
of Human Resources under rules promulgated pursuant to chapter 1-26 by the Civil Service
Commission, including number of hours to be donated, confidentiality of a donation, definition of
terminally ill, definition of life threatening illness or injury, criteria for determining employee
eligibility to receive or donate leave and for prorating donated leave for part-time employees, and
procedures for approval of the donation. Any donation shall be in compliance with the provisions
of sections 16 and 17 of this Act.
Section 27. If an employee transfers from one state department, institution, agency, or office to
another state department, institution, agency, or office, the employee may transfer all unused and
earned leave of absence for vacation or sickness as was allowed the employee under the provisions
of sections 16 and 17 of this Act.
Section 28. The provisions of sections 16 to 27, inclusive, of this Act, do not prohibit the taking
of leave of absence for vacation or sickness without pay if the leave of absence is authorized and
approved by the board, commission, agency, department, office, or officer employing the employee,
pursuant to rules promulgated pursuant to chapter 1-26 by the commissioner of the Bureau of Human
Section 29. The Civil Service Commission may, pursuant to chapter 1-26, promulgate rules to
further define the types of leave permitted to be taken as sick leave, vacation leave, and leave of
absence, including the following: child care, jury duty, military service, maternity, and education and
other fringe benefits.
Section 30. It is the policy of the State of South Dakota that citizens of this state and of the
United States may not be deprived of their freedom of speech guaranteed them by the constitutions
of the United States of America and of the State of South Dakota, by reason of the fact that they are
state officers and employees. No state agency may pass a rule restricting or prohibiting the
constitutionally guaranteed right of its employees and officers to express their opinions.
Section 31. Holidays, other than Sundays, enumerated in § 1-5-1, are a benefit for any permanent
state employee including those who are not scheduled to work the day on which a holiday falls. A
permanent employee is eligible for holiday pay if the employee works at least one shift or is on
approved paid leave during the calendar week in which the holiday falls. Part-time employees shall
receive prorated holiday pay. For payroll and leave purposes, a holiday is no more than eight hours
Section 32. Any employee of the State of South Dakota who is a certified disaster service
volunteer of the American Red Cross may be granted leave from work with pay not to exceed ten
days in any one calendar year to participate in disaster relief services for the American Red Cross
during a State of South Dakota declared disaster, upon the request of the American Red Cross for
the services of the employee and upon approval of that employee's appointing authority. However,
no state employee who is needed by the employee's appointing authority to perform job-related
disaster services may be granted this leave. The appointing authority shall compensate an employee
granted leave under this section at the employee's regular rate of pay for regular work hours during
which the employee is absent from work.
Section 33. Any absence approved pursuant to section 32 of this Act for disaster service
volunteers does not affect the employee's right to receive normal vacation, sick leave, bonus,
advancement, and other advantages of employment.
Section 34. Each appointing authority shall have exclusive authority to make the final selection
of employees in the authority's respective department, bureau, division, and institution.
Section 35. The Human Resources commissioner shall establish and maintain appropriate records
on all civil service employees relating to the several provisions of this chapter. The Civil Service
Commission may promulgate rules pursuant to chapter 1-26 to regulate the records maintained by
the Bureau of Human Resources. Any records required or maintained by the Bureau of Human
Resources, including performance appraisals, that pertain to an employee shall be available and open
to inspection by the employee during normal business hours.
Section 36. Preference in the selection of student interns shall be given to those students who are
residents of South Dakota or attending an institution of higher education within this state.
Section 37. Code counsel is directed to codify sections 38 to 61, inclusive, of this Act, as chapter
3-6D and entitle that chapter, State Civil Service.
Section 38. There is hereby created a Civil Service Commission. The Civil Service Commission
consists of seven members, not all of whom may be of the same political party. Three of the
members shall be experienced in law enforcement. The Governor shall initially appoint two members
for a term of two years, two members for a term of three years, and three members for a term of four
years. Thereafter, each appointment shall be for a term of four years, beginning on the first day of
July. Any member appointed to fill a vacancy arising from other than the natural expiration of a term
shall serve for only the unexpired portion of the term.
Section 39. A member of the Civil Service Commission may be removed by the Governor only
for cause after being given a copy of the charges and an opportunity to be heard publicly on such
charges before the Governor. A copy of the charges and a transcript of the record of the hearing shall
be filed with the secretary of state.
Section 40. The Civil Service Commission shall hold such meetings as necessary to carry out
its duties under this chapter. The commission shall elect one of its members as chair at its first
meeting in each year. Four members shall constitute a quorum for the conduct of business. If the
subject of any meeting is the discipline of any law enforcement officer, at least two of the members
of the commission in attendance shall be experienced in law enforcement.
Section 41. This chapter applies to all executive branch employees of state government, but
(1) Elected officers and all employees in the offices of the secretary of state, state treasurer,
state auditor, commissioner of school and public lands, and public utilities commission;
(2) The members of boards and commissions;
(3) Department secretaries, bureau commissioners, division directors, deputy secretaries,
deputy bureau commissioners, deputy division directors, and supervisors who determine
and publicly advocate substantive program policy, attorneys, physicians, confidential
assistants to exempt employees and other directors or administrative policy-making
positions of executive branch institutions, commissions, boards and agencies;
(4) All positions in the Office of the Governor and Bureau of Finance and Management;
(5) Presidents, deans, administrative and policy-making positions, student health service
physicians, teaching and professional research positions under the jurisdiction of the State
Board of Regents and other directors or administrative policy-making positions of such
institutions as determined by the Human Resources commissioner;
(6) Teachers of the several institutions under the jurisdiction of the executive branch;
(7) A person hired to fill the position of an employee who is deployed or activated under
circumstances requiring reinstatement under the Uniform Services Employment and
Reemployment Rights Act, 38 U.S.C. §4301 as in effect January 1, 2012;
(8) Patients and inmates who are employed by state institutions under the executive branch;
(9) Temporary employees and interns; and
(10) The attorney general and all employees within its office except certified law enforcement
officers within the division of criminal investigation.
The Civil Service Commission may promulgate rules pursuant to chapter 1-26 which establish
criteria to implement this subdivision for exemptions from the civil service. The commissioner may
determine which positions are eligible for exemption under the provisions of this chapter. Any
decision of the commissioner of Human Resources relating to exemptions from the civil service may
be appealed to the commission pursuant to chapter 1-26.
Section 42. Each civil service applicant and civil service employee shall be accorded the
(1) Discrimination on the basis of political affiliation in regard to the hiring, promotion,
termination, or any other tangible employment action relating to a civil service employee
(2) An employee may not be required to participate in partisan political activities;
(3) An employee may not be obliged, by reason of that employment, to contribute to any
political funds or collections or render political service. Any employee refusing to
contribute such funds or to render that political service may not be removed or otherwise
disciplined or prejudiced for such refusal;
(4) An employee retains the right of free speech;
(5) An employee may not be disciplined for the reporting of any violation of state or federal
law to any local, state or federal authority;
(6) An employee has the right to obtain a copy of his or her personnel file or any other
pertinent data that directly relates to the employee held in the state's files. The cost of the
copy shall be borne by the employee;
(7) Prior to any disciplinary action, the employee shall be given verbal or written notice and
an opportunity to present reasons, either in person or in writing, why the proposed action
should not be taken; and
(8) Such other rights and protections as enumerated by state or federal statute or rule.
Section 43. Any personnel management actions taken under the provisions of this chapter shall
comply with merit standards as follows:
(1) Recruiting, selecting, and advancing employees through open consideration of qualified
applicants for initial appointments and promotions. Selection of qualified applicants is
based on relative ability, knowledge, and skills;
(2) Providing equitable and adequate compensation;
(3) Training employees to assure high quality performance;
(4) Retaining employees based on performance, correcting inadequate performance, and
separating employees whose performance cannot be improved; and
(5) Assuring fair treatment without regard to age, political affiliation, race, color, national
origin, sex, or religious creed.
Section 44. The Civil Service Commission shall promulgate rules pursuant to chapter 1-26 in the
areas of recruitment, examination, selection, and promotion of civil service employees to be
administered by the Human Resources commissioner. Each examination shall relate to matters that
will fairly test the relative capacity of the person examined to discharge the duties of the position and
may include tests of physical qualifications, training and experience, written examinations, and
health and, if appropriate, technical or manual skill. The commissioner shall designate the times and
places for each examination.
Section 45. Each civil service appointment shall be made from among the best qualified persons
on a list of eligible applicants certified by the Human Resources commissioner as meeting the
minimum qualifications standards for the position to be filled. Any person who makes an
appointment contrary to the provisions of this section is guilty of a Class 1 misdemeanor.
Section 46. The Human Resources commissioner may delegate the administration of this chapter
to state institutions and departments throughout the state. However, the commissioner shall delegate
to institutions under the jurisdiction of the Board of Regents the administration of recruitment,
examining, and selection of employees for such institutions. All such delegated administrative
authority shall be exercised in accordance with the provisions of this chapter and Civil Service
Section 47. The Civil Service Commission shall promulgate rules pursuant to chapter 1-26 to
develop a position classification system for all positions in the civil service, based upon similarity
of duties performed and responsibilities assumed, so that the same qualifications and pay may
reasonably be required and established for positions allocated to the same class.
Section 48. The Civil Service commission shall promulgate rules pursuant to chapter 1-26 to
develop a statewide pay system which assures the principle of equal pay for equal work applying to
positions existing in the civil service.
Section 49. The commissioner of the Bureau of Human Resources shall approve the payroll for
all departments and institutions of the executive branch to ensure compliance with this chapter and
Section 50. The commissioner of the Bureau of Human Resources shall give final approval or
rejection to all negotiated labor contracts and settlements for civil service employees based on
compliance with this chapter and Civil Service Commission rules.
Section 51. The Civil Service Commission shall promulgate rules pursuant to chapter 1-26
governing civil service employees in matters of discipline, retirement, standards of conduct, adverse
actions, political activity in employment, hours of work, equal opportunity, complaints, grievances
and appeals to the commission, and reductions in force due to nondisciplinary reasons.
Section 52. If a grievance remains unresolved after exhaustion of a departmental grievance
procedure, an employee may demand a hearing before the Civil Service Commission as provided for
in contested cases in chapter 1-26; and proceedings shall be held as provided in chapter 1-26. The
Civil Service Commission shall provide notice of the hearing within thirty calendar days of an
employee's request for a hearing. The commission shall conduct a hearing within thirty calendar days
of the notice of the hearing unless the hearing is continued for good cause or unless the commission
determines, upon the motion of any party, that the pleadings, depositions, answers to interrogatories,
and admissions on file, together with the affidavits, if any, show that a grievance, defense, or claim
presents no genuine issue as to any material fact and a party is entitled to a judgment as a matter of
law. The commission, upon the motion of any party, may dispose of any grievance, defense, or claim
at the close of the evidence offered by the proponent of the grievance, defense, or claim if it
determines that the evidence offered by the proponent of the grievance, defense, or claim is legally
insufficient to sustain the grievance, defense, or claim. The commissioner shall schedule the hearing
to ensure compliance with the time frames provided in this section. If the grievant agrees, the
commissioner may appoint a hearing examiner as authorized in § 1-26-18.1.
Any final action or decision may be appealed pursuant to chapter 1-26.
Section 53. In resolving grievances involving the discipline of an employee, the Civil Service
Commission shall determine and decide whether the action was made for good cause. If the
commission finds that the action was made for good cause, the commission shall enter an order
upholding the decision of the appointing authority disciplining the employee. If, however, the
commission finds that the action was made without good cause, the commission shall enter an order
reversing the decision of the appointing authority.
Section 54. In resolving a grievance, the commission may reinstate an employee who has been
disciplined without good cause. If reinstatement is ordered by the commission, the order shall
include 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. Any
award of back pay and benefits which 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 55. Each state department shall adhere to, and assist the commissioner of the Bureau of
Human Resources in administering, the provisions of this chapter. An appointing authority may
formulate department level procedures within the limitations of those rules promulgated pursuant
to chapter 1-26 by the Civil Service Commission or the commissioner of Human Resources. The
procedures shall be reviewed and approved by the commissioner of Human Resources before
Section 56. The Human Resources commissioner shall maintain accurate records reflecting the
costs of administering the provisions of this chapter. The commissioner shall summarize the cost and
shall bill each department, office, institution, or bureau for a pro rata share of the administrative cost.
Section 57. No applicant for a civil service position shall:
(1) Directly or indirectly give, render, or pay, or promise to give, render, or pay any money,
service, or other thing to any person, for or on account of, or in connection with an
examination, appointment, or proposed appointment; or
(2) Submit, with the intent to deceive, any false application, credential, test, or examination
to a hiring authority for the purpose of obtaining any appointment or proposed
appointment or promotion.
A violation of this section is a Class 1 misdemeanor.
Section 58. No employee of the Bureau of Human Resources or any other person may defeat,
deceive, or obstruct any person's right to examination, eligibility, certification, or appointment
pursuant to this chapter, or furnish to any person any special or secret information for the purpose
of affecting the rights or prospects of any person with respect to employment in the civil service. A
violation of this section is a Class 1 misdemeanor.
Section 59. An employee may file a grievance with the Civil Service Commission if the
employee believes that there has been retaliation because of reporting a violation of state law through
the chain of command of the employee's department or to the attorney general's office or because the
employee has filed a suggestion pursuant to this section.
Section 60. A person upon accepting civil service employment with any agency covered by this
chapter shall be placed on a probationary period. For a law enforcement officer, the probationary
period shall be twelve months. For all other civil service employment, the probationary period shall
be six months. During this time the person may be dismissed without cause.
Section 61. The director of the Division of Criminal Investigation shall establish and maintain
records on law enforcement employees within the Division of Criminal Investigation relating to the
provisions of this chapter.
Section 62. Code counsel is directed to codify sections 63 to 81, inclusive, of this Act, as chapter
3-6E and entitle that chapter, State Employees' Health and Life Insurance.
Section 63. The Bureau of Human Resources may establish a benefits plan, for employees of the
state. The plan may either be self-funded or established as a group health insurance program. The
plan may provide for group health coverage against the financial cost of hospital, surgical, pharmacy,
and medical treatment and care, and such other coverage or benefits, as deemed appropriate and
desirable by the commissioner. The commissioner may include a flexible benefit plan which allows
an employee to choose the employee's own benefits or levels of coverage.
Section 64. The commissioner of the Bureau of Human Resources may provide all, or any part
of, the benefits under the plan or plans provided pursuant to this chapter by means of a plan which
is self-funded in whole or in part.
Section 65. The commissioner may authorize the purchase of reinsurance to cover against losses
incurred by the benefit plan.
Section 66. Each state employee eligible for membership in the health plan shall be enrolled in
the plan unless the employee is covered by another group health plan either as a dependent or spouse
and the employee provides notice to the plan administrator.
Section 67. All eligible employees shall be enrolled in the benefit plan on such effective dates
as the commissioner may establish.
Section 68. Any eligible employee may elect to have any of the employee's eligible dependents
covered by the health plan. The election shall be made at the time the employee becomes enrolled
in the plan, or such other time as the commissioner allows.
Section 69. The Bureau of Human Resources may provide a health plan for retiring employees
and their spouses and dependents as defined by rules of the Bureau of Human Resources,
promulgated pursuant to chapter 1-26, and on such terms as the commissioner deems appropriate.
Section 70. The State of South Dakota shall either make a monthly contribution to the system
or otherwise provide for the amount necessary to make payment to the system for the full single rate
monthly health insurance premium or contribution for each employee. This amount shall be
transmitted to the account of the state employees benefits plan in the Office of the State Treasurer.
The state treasurer, after making a record of the receipts, shall credit the benefits plan with an
amount equal to that remitted or otherwise provided. After the contribution has been assigned to the
benefits plan, the Bureau of Human Resources shall disburse the contribution in accordance with the
provisions of this chapter and the rules promulgated pursuant to chapter 1-26 by the commissioner
of the Bureau of Human Resources.
Section 71. The employer shall deduct on each payroll of a member for each payroll period the
amount of the contribution or premium, including any administrative expense. The employer shall
make deductions from salaries of employees and shall transmit monthly the amount specified to be
deducted to the state treasurer. The state treasurer, after making a record of receipts, shall credit the
benefits plan with an amount equal to that remitted by the employer. After the credit has been
assigned to the benefits plan, the commissioner shall disburse credit in accordance with the
provisions of this Act and the rules promulgated pursuant to chapter 1-26 by the commissioner of
the Bureau of Human Resources.
Section 72. Any funds transmitted to the state treasurer's office as designated transfers to the state
employees benefits plan shall be placed in the trust fund established by this chapter and entitled the
state employees benefits plan fund. Disbursements from such fund shall be made by warrants drawn
by the state auditor upon itemized vouchers duly approved by the commissioner of the Bureau of
Section 73. The Bureau of Human Resources shall make available upon request, to each
employee who is covered under the plan, a certificate setting forth the benefits to which the
employee and the employee's dependents are entitled under this chapter, to whom the benefits are
payable, to whom claims shall be submitted, and a summary of the provisions of the plan's benefits
as they affect the employee and the employee's dependents.
Section 74. Any benefits payable under the benefit plan may be paid either directly to the
attending physician, dentist, hospital, medical, or dental group, or other person, corporation, limited
liability company, association, or firm furnishing the service upon which the claim is based, or to
the insured employee upon presentation of receipted bills for such service.
Section 75. The commissioner of the Bureau of Human Resources is responsible for the
administration of this chapter and shall promulgate such rules as are required for the effective
administration of the provisions of this chapter in accordance with chapter 1-26. The rules may be
promulgated in the following areas:
(1) To establish what benefits will be offered pursuant to this chapter;
(2) Participation in the plan by employees, retired employees, and dependents;
(3) Procedures for election of coverage;
(4) Effective dates of coverage if not specified by statute;
(5) Termination of coverage;
(6) Changes in dependent coverage;
(7) Collection of premiums and contributions;
(8) To coordinate the benefits plan with the health insurance plan authorized in this chapter;
(9) Other provisions as required to meet federal law.
Section 76. The State of South Dakota shall provide for the amount necessary to make payment
to the state employee workers' compensation program for the claims of employees of the state arising
under Title 62. This amount shall be transmitted to the account of the state employees workers'
compensation program in the Office of the State Treasurer. The treasurer, after making a record of
the receipts, shall credit the state employee workers' compensation program with an amount equal
to that remitted or otherwise provided. After the contribution has been assigned to the state
employees workers' compensation program, the Bureau of Human Resources shall disburse the funds
according to the provisions of Title 62 and the rules promulgated by the commissioner of the Bureau
of Human Resources pursuant to chapter 1-26.
Section 77. Responsibility for the administration and payment of workers compensation claims
of former employees of the South Dakota State Cement Plant Commission is hereby transferred to
the state employees workers' compensation program.
Section 78. The employer shall contribute on each payroll for an employee for each payroll
period the amount of the state employees workers' compensation program premium, including any
administrative expense. The employer shall transmit monthly the amount specified to be paid to the
state treasurer. The state treasurer, after making a record of receipts, shall credit the state employees
workers' compensation program with an amount equal to that remitted by the employer. The credit
shall be assigned to the state employee workers' compensation program. The commissioner shall
disburse the funds according to Title 62 and the rules promulgated by the Department of Labor and
Regulation and the commissioner pursuant to chapter 1-26.
Section 79. Any funds transmitted to the Office of the State Treasurer as designated transfers to
the state employees workers' compensation program shall be placed in the trust fund established by
this section and entitled the state employees workers' compensation program fund. Disbursements
from this fund shall be made by warrants drawn by the state auditor.
Section 80. The commissioner of the Bureau of Human Resources may promulgate rules
pursuant to chapter 1-26 with respect to the adjustment, administration, and management of the
workers' compensation program for state employees.
Section 81. Responsibility for the administration and payment of life insurance plan benefits of
former employees of the South Dakota State Cement Plant Commission is hereby transferred to the
Bureau of Human Resources.
Section 82. Code counsel is directed to codify sections 83 to 87, inclusive, of this Act, as chapter
3-6F and entitle that chapter, State Employees Drug Testing.
Section 83. The commissioner of the Bureau of Human Resources shall establish and implement
a drug screening program for applicants who seek the following employment:
(1) Positions at the Human Services Center or the South Dakota Developmental Center
whose primary duty includes patient or resident care or supervision;
(2) Positions at the South Dakota State Veterans' Home whose primary duty includes patient
or resident care or supervision;
(3) Safety sensitive positions; and
(4) Positions in the Department of Agriculture, Wildland Fire Suppression Division whose
duties include firefighting.
The commissioner may also establish and implement a drug screening program for employees
holding those positions based upon reasonable suspicion of illegal drug use by any such employee.
Section 84. Any printed public announcement or advertisement soliciting applications for the
positions listed in section 83 of this Act shall include a statement of the requirements of the drug
Section 85. Individual test results and medical information collected pursuant to this chapter are
confidential. This information may be revealed only as authorized by the commissioner of the
Bureau of Human Resources. An applicant or employee may have access to the information or test
results upon written request to the commissioner.
Section 86. Except as provided in section 85 of this Act, any person responsible for recording,
reporting, or maintaining medical information required pursuant to the provisions of this chapter,
who knowingly or intentionally discloses or fails to protect medical information declared to be
confidential pursuant to section 85 of this Act, or who compels another person to disclose such
medical information, is guilty of a Class 2 misdemeanor.
Section 87. The commissioner of the Bureau of Human Resources may promulgate rules,
pursuant to chapter 1-26, necessary to carry out the provisions of this chapter with regard to:
(1) Listing of positions whose primary duty includes patient or resident care or supervision;
(2) Substances to be screened;
(3) Drug screening procedures;
(4) Procedures for collecting, analyzing, and evaluating test samples;
(5) Confidentiality of testing procedures;
(6) Referral for education or treatment; and
(7) Consequences that may result from valid positive test results or from failure to submit to
Section 88. The provisions of Articles 55:01 and 55:02 of the Administrative Rules of South
Dakota in effect as of July 1, 2012, shall remain in effect until repealed by the Civil Service
Commission created pursuant to section 38 of this Act. All duties vested in the Career Service
Commission and the Law Enforcement Civil Service Commission pursuant to those articles shall
vest in the Civil Service Commission.
Section 89. That § 1-18C-3 be amended to read as follows:
1-18C-3. The state archives shall be administered by a state archivist who shall be appointed by
the secretary of the Department of Tourism, subject to the Governor's approval, and shall serve at
the pleasure of the secretary. Compensation for the state archivist shall be determined according to
guidelines established by the Bureau of Human Resources and within the limits of available
Section 90. That § 1-18C-6 be amended to read as follows:
1-18C-6. Within limits of available appropriations and according to guidelines established by
the Bureau of Human Resources, the secretary of tourism may hire additional trained personnel in
order to more efficiently index, catalog, and otherwise make accessible to state agencies and the
public the permanently valuable records in the custody of the state archives.
Section 91. That subdivision (12) of § 2-14-2 be amended to read as follows:
(12) "Full-time equivalent" or "FTE," a number which designates staffing level where one full-time equivalent position is equal to the number of days, Monday through 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 Human Resources 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 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;
Section 92. That § 5-24A-18 be amended to read as follows:
5-24A-18. Notwithstanding any other provision of law, the commission shall disburse the
proceeds from the liquidation of the commission's property, to the extent proceeds are available, as
(1) First, to pay any remaining noncontingent, liquidated liabilities of the commission;
(2) Second, the amount of three hundred fifty thousand dollars to the Bureau of Human
Resources for the purpose of administering and paying existing and future workers
compensation claims and life insurance coverage of former employees of the commission;
(3) Third, to the South Dakota Retirement System for the purpose of funding benefits payable
to former employees of the commission. The amount disbursed shall be determined by the
commission based upon an actuarial review for the fiscal year ending June 30, 2010; and
(4) Fourth, the remainder shall be paid into the trust fund created by S.D. Const., Art. XIII,
Section 93. That § 15-15A-7 be amended to read as follows:
15-15A-7. The following information in a court record is not accessible to the public:
(1) Information that is not to be accessible to the public pursuant to federal law;
(2) Information that is not to be accessible to the public pursuant to state law, court rule or
case law as follows;
(3) Examples of such state laws, court rules, or case law follow. Note this may not be a
complete listing and the public and court staff are directed to consult state law, court rules
or case law. Note also that additional documents are listed below that may not be within
court records but are related to the court system; the public and court staff should be
aware of access rules relating to these documents.
(a) Abortion records (closed); § 34-23A-7.1
(b) Abuse and neglect files and records (closed, with statutory exceptions); § 26-8A-13
(c) Adoption files and adoption court records (closed, with statutory exceptions);
§§ 25-6-15 through 25-6-15.3
(d) Affidavit filed in support of search warrant (sealed if so ordered by court, see
statutory directives); § 23A-35-4.1
(e) Attorney discipline records (closed until formal complaint has been filed with
Supreme Court by the State Bar Association's Disciplinary Board or Attorney
General, accused attorney requests matter be public, or investigation is premised
on accused attorney's conviction of a crime); § 16-19-99
(f) Civil case filing statements (closed); § 15-6-5(h);
(g) Coroner's inquest (closed until after arrest directed if inquisition finds criminal
involvement with death); § 23-14-12
(h) Custody or visitation dispute mediation proceedings pursuant to § 25-4-60 (closed,
inadmissible into evidence)
(i) Discovery material (closed unless admitted into evidence by court) §§ 15-6-26(c);
(j) Domestic abuse victim's location (closed, with statutory exception); § 25-10-39
(k) Employment examination or performance appraisal records maintained by Bureau
of Human Resources (closed); § 1-27-1
(l) Grand jury proceedings (closed with statutory exceptions); § 23A-5-16
(m) Guardianships and conservatorships (closed with statutory exceptions); § 29A-5-311
(n) Involuntary commitment for alcohol and drug abuse (petition, application, report
to circuit court and court's protective custody order sealed; law enforcement or
prosecutor may petition the court to examine these documents for limited purpose);
(o) Judicial disciplinary proceedings (closed until Judicial Qualifications Commission
files its recommendation to Supreme Court, accused judge requests matter be
public, or investigation is premised on accused judge's conviction of either a felony
crime or one involving moral turpitude); ch. 16-1A, Appx. III(1)
(p) Juvenile court records and court proceedings (closed with statutory exception);
§§ 26-7A-36 through -38; §§ 26-7A-113 through -116
(q) Mental illness court proceedings and court records (closed); §§ 27A-12-25; 27A-12-25.1 through -32
(r) Pardons (statutory exceptions, see § 24-14-11)
(s) Presentence investigation reports (closed); §§ 23A-27-5 through -10; § 23A-27-47
(t) Probationer under suspended imposition of sentence (record sealed upon successful
completion of probation conditions and discharge); §§ 23A-27-13.1; 23A-27-17
(u) Records prepared or maintained by court services officer (closed except by specific
order of court); § 23A-27-47
(v) Trade secrets (closed); subdivision 15-6-26(c)(7)
(w) Trusts (sealed upon petition with statutory exceptions); § 21-22-28
(x) Voluntary termination of parental rights proceedings and records (closed except by
order of court); § 25-5A-20
(y) Wills (closed with statutory exceptions); § 29A-2-515
(z) Written communication between attorney and client; attorney work product (closed
unless such privilege is waived); ch. 16-18, Appx. Rule 1.6
(aa) Information filed with the court pending in camera review (closed)
(bb) Any other record declared to be confidential by law; § 1-27-3.
Section 94. That § 3-8-13 be amended to read as follows:
3-8-13. Any state employee who is employed in a position that is eligible for longevity pay and
has at least seven years of employment with the State of South Dakota is entitled to longevity
compensation. The longevity compensation for years of employment seven to ten, inclusive, is one
hundred dollars. The longevity compensation for years of employment eleven to fourteen, inclusive,
is equal to ten dollars per year of employment until the fifteenth year of service at which time the
longevity pay shall be equal to fifteen dollars per year of service. Longevity pay shall increase at five
dollar increments thereafter for each additional five years of employment. The longevity
compensation may not be affected by any other compensation and classification plan except that the
longevity compensation shall be distributed in the same manner and form as prescribed in § 3-8-6.
Longevity compensation is payable annually in one lump sum. Any employee due any portion of the
employee's longevity payment upon retirement and meeting the definition of a participant as set out
in subdivision 3-13A-2(8) shall have any such lump-sum payment transmitted to the fund pursuant
to the provisions of § 3-13A-5. The commissioner of the Bureau of Human Resources shall
promulgate rules pursuant to chapter 1-26 to determine the state employee position categories that
are eligible for longevity pay, the criteria for payment for prior years of service, the date for payment,
and the type of service that may be used to calculate longevity. The only employees of the Board of
Regents eligible for longevity pay are those nonfaculty permanent full-time employees who are
customarily employed for twenty hours or more a week at least six months a year.
Any agent, patrolman, or employee of the Division of Highway Patrol of the Department of
Public Safety may elect to receive longevity pay under this section or under § 32-2-10, but may not
receive longevity pay under both provisions at the same time.
Section 95. That § 26-8A-12.2 be amended to read as follows:
26-8A-12.2. Upon receipt of names of current or potential employees or volunteers from the
Juvenile Division of the Department of Corrections, any adolescent treatment program operated by
the Department of Human Services or the Department of Social Services, any entity recognized as
administering a CASA program as provided in § 16-2-51, or a court considering appointment of a
guardian ad litem for a child in a proceeding pursuant to chapter 26-8A, the Department of Social
Services shall compare the names to the central registry for abuse and neglect and report any findings
to the requesting program director, to the Bureau of Human Resources human resource manager, or
to the court. Any potential employee or volunteer under this section shall give written consent prior
to completion of the abuse and neglect screening. Failure to submit to abuse and neglect screening
disqualifies an applicant from employment or appointment.
Section 96. That § 36-25-12 be amended to read as follows:
36-25-12. The Bureau of Human Resources shall set the compensation of the secretary-treasurer,
and of such other inspectors and assistants as may be necessary to carry out the provisions of this
chapter, and the State Plumbing Commission may incur such other expense as may be necessary.
Section 97. That § 38-1-12 be amended to read as follows:
38-1-12. The secretary of agriculture may, with the advice and consent of the Governor, employ
such inspectors, deputies, clerical assistants, and other necessary employees as shall be necessary for
the efficient and economical administration of the department and not inconsistent with the rules and
regulations of the Bureau of Human Resources.
Section 98. That § 38-1-13 be amended to read as follows:
38-1-13. The terms of office or employment of executives, directors, inspectors, and other
employees appointed or employed pursuant to § 38-1-11 or 38-1-12 shall be as prescribed by the
secretary of agriculture, and any of them may be discharged at any time without cause upon
recommendation of the secretary and the approval of the Governor. Their salaries shall be as
prescribed by law or, in the absence of such prescription, then as fixed by the secretary and approved
by the Governor and subject to regulations of the Bureau of Human Resources.
Section 99. That § 38-10-14 be amended to read as follows:
38-10-14. The wheat commission may establish an administrative office for the wheat
commission in the State of South Dakota at such place as may be suitable for the furtherance of this
chapter. The commission may:
(1) Expend the funds collected pursuant to this chapter;
(2) Appoint, discharge, fix compensation for and prescribe the duties of such personnel as it
may deem necessary subject to Bureau of Human Resources guidelines;
(3) Lease, purchase, own, equip, maintain, operate, and dispose of equipment in the
(4) Accept donations of funds, property, services, and other assistance from public, private
and other sources for the purpose of aiding and promoting the work and objectives of the
(5) Appoint an attorney who shall act for the commission when needed.
Section 100. That § 49-1-7 be amended to read as follows:
49-1-7. The annual salary of each member of the Public Utilities Commission shall be set by the
Bureau of Human Resources in accordance with the provisions of chapter 3-6A.
Section 101. That § 58-2-13 be amended to read as follows:
58-2-13. The Department of Labor and Regulation may appoint a chief clerk and such other
employees as may be necessary, subject to the approval of the Bureau of Human Resources.
Section 102. That § 58-2-17 be amended to read as follows:
58-2-17. The compensation of all such personnel employed or contracted for by the Department
of Labor and Regulation shall be fixed by the department subject to the approval of the Bureau of
Section 103. That § 58-17-116 be amended to read as follows:
58-17-116. A seven-member board appointed by the Governor shall administer the risk pool. The
board shall include representatives of the Governor's Office, Department of Social Services, Bureau
of Human Resources, Department of Health, and Division of Insurance and two other persons
appointed by the Governor. The board may contract for the performance of any of its functions.
Section 104. That § 58-17-120 be amended to read as follows:
58-17-120. There is hereby established a South Dakota risk pool fund within the Bureau of
Human Resources to receive premiums, assessments, federal funds, and any claims and make
payments either directly or indirectly to health care providers and others to carry out the functions
of the risk pool.
Section 105. That § 3-6-17 be transferred to chapter 9-14.
An Act to revise certain provisions relating to state employees and to the administration of state
I certify that the attached Act
originated in the
HOUSE as Bill No. 1028
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1028
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