ENTITLED, An Act to revise the terms and expiration dates of appointees to certain boards and
commissions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-20B-4 be amended to read as follows:
36-20B-4. The South Dakota Board of Accountancy, which has responsibility for the
administration and enforcement of this chapter, consists of six members, all of whom shall be
residents of this state. Five members shall be appointed by the Governor for three-year terms. Four
of the appointed members shall be holders of active certificates and three of these shall be in the
practice of public accountancy. One appointed member shall be a lay member who is not a holder
of a certificate under this chapter but shall have had professional or practical experience in the use
of accounting services and financial statements, so as to be qualified to make judgments about the
qualifications and conduct of persons and firms subject to regulation under this chapter. The auditor
general shall serve as an ex officio member. The Governor shall, by appointment, fill any vacancy
occurring during a term for the remainder of the unexpired term. Any member of the board whose
certificate is revoked or suspended shall automatically cease to be a member of the board. The
Governor may remove any member of the board for cause. The Governor may stagger the terms to
enable the board to have different terms expire each year. No member may serve more than three
consecutive full terms. However, appointment to fill an unexpired term is not considered a complete
term for this purpose.
The terms of members shall begin on October thirty-first of the calendar year in which the
Governor appoints the member, unless otherwise designated by the Governor. The appointee's term
shall expire on October thirtieth in the third year of appointment. Members terms that end June 30,
2012, are extended to October 30, 2012.
Section 2. That § 51A-2-8 be amended to read as follows:
51A-2-8. The term of office of members of the commission as created by this chapter shall be
three years each. However, the term of office of only one member who is a director or officer of a
bank shall expire each year.
Vacancies arising other than from the natural expiration of a term shall be appointed for the
remainder of the unexpired term only and such appointees shall meet the qualifications prescribed
by law for the vacated position. All appointments to the commission shall be effective on the thirty-first day of October in which the Governor appoints the member, unless otherwise designated by the
Governor. Members shall serve until their successors are appointed and qualified. Any member may
be removed by the Governor for cause. The three-year terms shall expire on October thirtieth in the
third year of appointment.
Members terms that end June 20, 2012, are extended to October 30, 2012.
Section 3. That § 62-2-10 be amended to read as follows:
62-2-10. The Governor shall appoint a State Workers' Compensation Advisory Council,
composed of eight members, four representing employees, two of whom shall be from
recommendations submitted by the South Dakota Federation of Labor. No employee representative
may be a member of a personnel department. Four shall represent employers. The members may not
be all of the same political party. Expenses of council members shall be paid by the Department of
Labor and Regulation. The length of terms is three years with no more than three expiring each year.
Members shall serve until a new appointment is made by the Governor. The secretary of labor and
regulation is a nonvoting member. Five voting members of the council are a quorum for meetings.
The lieutenant governor shall serve as the chair and has the right to vote. Any recommendations by
the advisory council shall be by majority vote.
The terms of members shall begin on October thirty-first of the calendar year in which the
Governor appoints the member, unless otherwise designated by the Governor. The appointee's term
shall expire on October thirtieth in the third year of appointment.
Members terms that end June 30, 2012, are extended to October 30, 2012.
The council shall aid the Department of Labor and Regulation in reviewing the workers'
compensation program as to its content, adequacy, and effectiveness and make recommendations for
its improvement. The council shall meet as frequently as necessary but not less than twice each year.
The council shall make reports of its meetings that shall include a record of its discussions, including
all issues voted upon and the vote count, and its recommendations. The council shall make an annual
report to the Governor and Legislature by December thirty-first of each year. The department shall
make the reports available to any interested persons or groups.
Section 4. That § 36-14-2 be amended to read as follows:
36-14-2. The Governor shall appoint a Board of Barber Examiners which shall include three
professional members. The term of each shall be three years commencing on the thirty-first day of
October. The appointee's term shall expire on October thirtieth in the third year of appointment.
Members terms that end June 30, 2012, are extended to October 30, 2012. No member may serve
more than three consecutive full terms. However, appointment to fill an unexpired term is not
considered a complete term for this purpose. Each of these members shall be a practical barber who
has followed the occupation of barber in this state for at least five years immediately preceding the
barber's appointment. The Governor may remove a member for cause and shall fill all vacancies.
Any member appointed to fill a vacancy shall serve the remainder of the unexpired term. The
Governor may stagger the terms to enable the board to have different terms expire each year.
Section 5. That § 36-32-4 be amended to read as follows:
36-32-4. Appointments to the board shall be for terms of three years and begin on October thirty-first. The appointee's term shall expire on October thirtieth in the third year of appointment. No
member of the board may serve for more than three successive full terms. Appointment to an
unexpired term is not considered a full term.
Section 6. That § 36-34-3 be amended to read as follows:
36-34-3. The Governor shall appoint the members to the board for terms of three years which
shall begin on the thirty-first day of October. The appointee's term shall expire on October thirtieth
in the third year of appointment.
Section 7. That § 36-27A-6 be amended to read as follows:
36-27A-6. Initial appointments to the Board of Examiners of Psychologists shall be for terms of
one, two, and three years, respectively, with one member appointed for one year, two members
appointed for two years and two members appointed for three years. Thereafter, appointments shall
be for terms of three years, beginning on the thirty-first day of October. The appointee's term shall
expire on October thirtieth in the third year of appointment.
Section 8. That § 1-36-3 be amended to read as follows:
1-36-3. The Board of Social Services is hereby continued within the Department of Social
Services and shall consist of seven members, not more than four of which shall be members of the
same political party, appointed by the Governor and subject to removal for cause only. The term of
office of each member shall be three years. The terms of members shall begin on October thirty-first
of the calendar year in which the Governor appoints the member, unless otherwise designated by the
Governor. The appointee's term shall expire on October thirtieth in the third year of appointment.
Members terms that end June 30, 2012, are extended to October 30, 2012.
A member appointed to fill a vacancy occurring other than by expiration of a term shall be
appointed for the unexpired term.
Section 9. That § 36-26-5 be amended to read as follows:
36-26-5. Appointments to the board shall be for terms of three years, beginning on October
thirty-first. The appointee's term shall expire on October thirtieth in the third year of appointment.
No member of the board may serve for more than three successive full terms. However, appointment
to an unexpired term is not considered as a full term.
Section 10. That § 23A-28B-5 be amended to read as follows:
23A-28B-5. The term of office of any member of the commission is three years or until the
member's successor is appointed and qualified. However, initial appointments shall be as follows:
one member shall be appointed by the Governor for one year, one member shall be appointed by the
Governor for two years, one member shall be appointed by the Governor for three years, one member
shall be appointed by the Chief Justice of the Supreme Court for two years, and one member shall
be appointed by the attorney general for three years.
Any vacancy arising from other than natural expiration of a term shall be filled for the remainder
of the unexpired term only. Such appointee shall meet the qualifications prescribed by law for the
vacated position. Any appointment to the commission becomes effective on the thirty-first day of
October, unless an appointment is for an unexpired term. The appointee's term shall expire on
October thirtieth in the third year of appointment. Any member may be removed by the Governor
for cause. If any member is removed by the Governor for cause, the officer who appointed the
member shall appoint the replacement. A chair of the commission shall be chosen annually from the
membership of the commission by a majority of the members.
Section 11. That § 36-6A-4 be amended to read as follows:
36-6A-4. No member of the board may serve more than three consecutive full terms. However,
appointment of a person to an unexpired term is not considered a full term for this purpose. The
Governor shall make appointments to the board for terms of three years. Each member shall hold
office until a successor is appointed and qualified. The Governor shall, by appointment, fill any
vacancy for the balance of the unexpired term. The Governor may stagger terms to enable the board
to have different terms expire each year.
The terms of members shall begin on October thirty-first of the calendar year in which the
Governor appoints the member, unless otherwise designated by the Governor. The appointee's term
shall expire on October thirtieth in the third year of appointment.
Section 12. That § 36-19-2 be amended to read as follows:
36-19-2. The State Board of Funeral Service shall include the five professional members who
shall be licensed to practice funeral service. The Governor shall appoint the professional members
of the board. However, no person may be appointed as a professional member of the board who has
not been licensed in this state, as an embalmer and funeral director, or to practice funeral service,
for at least five years prior to appointment. The term of office of appointed members shall be three
years. The Governor shall, by appointment, fill any vacancy.
The board shall also include two lay members who are users of the services regulated by the
board. The term, lay member who is a user, refers to a person who is not licensed by the board but,
where practical, uses the service licensed. The term shall be liberally construed to implement the
purpose of this section. The Governor shall appoint the lay members. The lay members shall have
the same term of office as other members of the board.
No board member may serve more than three consecutive full terms. However, appointment to
fill an unexpired term is not considered a complete term for this purpose. The Governor may stagger
the terms to enable the board to have different terms expire each year.
The terms of members shall begin on October thirty-first of the calendar year in which the
Governor appoints the member, unless otherwise designated by the Governor. The appointee's term
shall expire on October thirtieth in the third year of appointment.
Members terms that end June 30, 1012, are extended to October 30, 2012.
The board shall also include the secretary of health or the secretary's designee as a nonvoting
member.
Section 13. That § 36-24-5 be amended to read as follows:
36-24-5. Board members shall be appointed for a term of three years. Each member shall serve
until a successor has been appointed.
The terms of members shall begin on October thirty-first of the calendar year in which the
Governor appoints the member, unless otherwise designated by the Governor. The appointee's term
shall expire on October thirtieth in the third year of appointment.
Members terms that end June 30, 2012, are extended to October 30, 2012.
Section 14. That § 36-35-2 be amended to read as follows:
36-35-2. The board consists of five members appointed by the Governor. The terms of the initial
members of the board shall be staggered by the drawing of lots with three of the initial members
serving a term of three years, two of the initial members serving a term of two years, and one of the
initial members serving a term of one year. Any subsequent term on the board shall be three years.
One member of the board shall be a person not licensed by the board. Four members of the board
shall be persons licensed by the board. The Governor shall fill any vacancy by appointment to
complete the unexpired portion of that member's term. No person may serve more than three
consecutive full terms on the board. The appointment to an unexpired term is not considered a full
term.
The terms of members shall begin on October thirty-first of the calendar year in which the
Governor appoints the member, unless otherwise designated by the Governor. The appointee's term
shall expire on October thirtieth in the third year of appointment.
Members terms that end June 30, 2012, are extended to October 30, 2012.
Section 15. That § 36-4-1 be amended to read as follows:
36-4-1. The State Board of Medical and Osteopathic Examiners, hereinafter called the Board of
Examiners, consists of nine members to be appointed by the Governor for terms of three years. No
member may serve more than three consecutive full terms. However, appointment to an unexpired
term is not considered a full term for this purpose. Each member shall hold office until a successor
is appointed and qualified. Any vacancy on the board shall be filled by appointment by the Governor.
The board shall at all times include six doctors of medicine and one doctor of osteopathy. The
Governor may stagger terms to enable the board to have different terms expire each year.
The terms of members shall begin on October thirty-first of the calendar year in which the
Governor appoints the member, unless otherwise designated by the Governor. The appointee's term
shall expire on October thirtieth in the third year of appointment.
Members terms that end June 30, 2012, are extended to October 30, 2012.
Section 16. That § 36-9-9 be amended to read as follows:
36-9-9. The term of office for the members of the Board of Nursing is three years and expires
on October thirtieth. Each member shall serve until a successor has been appointed and qualified.
No member may be appointed to more than three consecutive full terms. However, appointment of
a person to an unexpired term is not considered a full term for this purpose.
At the expiration of a term, or if a vacancy occurs, the Governor shall appoint a new board
member. The Governor may stagger terms to enable the board to have different terms expire each
year.
The appointee's term shall expire on October thirtieth in the third year of appointment.
Members terms that end June 30, 2012, are extended to October 30, 2012.
Section 17. That § 36-28-2 be amended to read as follows:
36-28-2. The South Dakota State Board for Nursing Facility Administrators consists of eleven
members. The members of the board shall be appointed by the Governor and shall include one
licensed physician and one registered nurse, neither of whom may be an administrator or an
employee of a nursing facility nor have any direct financial interest in nursing facilities; one
practicing hospital administrator who is also licensed as a nursing facility administrator; two
practicing administrators of proprietary nursing facilities; two practicing administrators of nonprofit
nursing facilities; a designee of the secretary of health; a designee of the secretary of social services;
and, two members of the general public who are not administrators or employees of a nursing facility
and who have no direct financial interest in nursing facilities. The terms of all members shall be
three years. No member may serve more than three consecutive full terms. The terms of members
shall begin on October thirty-first of the calendar year in which the Governor appoints the member,
unless otherwise designated by the Governor. The appointee's term shall expire on October thirtieth
in the third year of appointment. The designees of the health and social services departments shall
serve without compensation and reimbursement as provided in § 36-28-25, except that their travel
expenses shall be paid by their respective agencies pursuant to § 3-9-2. The appointment to an
unexpired term is not considered a full term.
Members terms that end June 30, 2012, are extended to October 30, 2012.
Section 18. That § 36-8-2 be amended to read as follows:
36-8-2. The State Board of Podiatry Examiners shall include four professional members
appointed by the Governor, each of whom shall be a resident podiatrist of this state. The term of each
shall be three years, commencing on the thirty-first day of October. The appointee's term shall expire
on October thirtieth in the third year of appointment. No member may serve more than three
consecutive full terms. The Governor shall, by appointment, fill any vacancy. The appointment of
a person to an unexpired term is not considered a full term.
Section 19. That § 40-3-2 be amended to read as follows:
40-3-2. The Animal Industry Board shall consist of seven members appointed by the Governor.
Any interested farm, commodity, livestock auction or livestock commission, or veterinary
organization may submit nominations to the Governor from which appointments may be made. Each
term shall be for a period of three years and until the successor is appointed and qualified. Vacancies
may be filled by appointment of the Governor for the balance of the unexpired term.
The terms of members shall begin on October thirty-first of the calendar year in which the
Governor appoints the member, unless otherwise designated by the Governor. The appointee's term
shall expire on October thirtieth in the third year of appointment.
Members terms that end June 30, 2012, are extended to October 30, 2012.
Section 20. That § 40-31-3 be amended to read as follows:
40-31-3. The Governor shall appoint the producer members of the American Dairy Association
from among a list of nominees supplied by any statewide nonprofit dairy organization incorporated
under state law, for a period of three years, beginning on October thirty-first with one producer
member to be appointed each year as the terms of previous appointees expire. The appointee's term
shall expire on October thirtieth in the third year of appointment. The list of nominees shall comprise
at least twice the number of appointments to be made.
Section 21. That § 1-16E-4.1 be amended to read as follows:
1-16E-4.1. The Board of Directors of the Value Added Finance Authority consists of seven
members appointed by the Governor. No more than four members may be of the same political party.
For the initial board, the Governor shall appoint four members to four-year terms and three members
to two-year terms. Thereafter, the term of each member is four years. A member appointed to fill a
vacancy occurring other than by expiration of a term is appointed for the remainder of the unexpired
term.
The terms of members shall begin on October thirty-first of the calendar year in which the
Governor appoints the member, unless otherwise designated by the Governor. The appointee's term
shall expire on October thirtieth in the third year of appointment.
Members terms that end June 30, 2012, are extended to October 30, 2012.
Section 22. That § 36-12-7 be amended to read as follows:
36-12-7. If any vacancy occurs among the veterinarians on the State Board of Veterinary Medical
Examiners due to resignation, death, removal from the state, or suspension as provided in this
chapter, or for any other reason, the Governor shall fill such vacancy from the roster of licensed
veterinarians within the state until the next succeeding October thirty-first. The appointee's term shall
expire on October thirtieth in the third year of appointment.
Members terms that end June 30, 2012, are extended to October 30, 2012.
Section 23. That § 38-10-3 be amended to read as follows:
38-10-3. There is hereby established a wheat commission for the utilization, research, and market
development of wheat grown in South Dakota. The commission shall be composed of five members
who shall be participating growers. The members of the commission shall be appointed by the
Governor. Nominations for appointments shall be submitted to the Governor by wheat producers of
the state.
The terms of members shall begin on October thirty-first of the calendar year in which the
Governor appoints the member, unless otherwise designated by the Governor. The appointee's term
shall be for three years and expire on October thirtieth in the third year of appointment.
Members terms that end June 30, 2012, are extended to October 30, 2012.
Section 24. That § 50-2-1 be amended to read as follows:
50-2-1. The Aeronautics Commission consists of seven persons appointed by the Governor, who
shall each receive the per diem set by § 4-7-10.4 for the time actually spent in the performance of
their official duties, together with traveling expenses set by rule of the Board of Finance. At least
four members of the commission shall be or have been actively engaged in and have had at least one
year of practical experience in civil or military aeronautics.
The terms of members shall begin on October thirty-first of the calendar year in which the
Governor appoints the member, unless otherwise designated by the Governor. The appointee's term
shall be for three years and expire on October thirtieth in the third year of appointment.
Members terms that end June 30, 2012, are extended to October 30, 2012.
Section 25. That § 1-44-25 be amended to read as follows:
1-44-25. The South Dakota State Railroad Board consists of seven members to be appointed by
the Governor. Members shall serve a three-year term. No more than five members may be of the
same political party. Any member appointed to fill a vacancy arising from other than the natural
expiration of a term shall serve only for the unexpired term, but may be reappointed to a full term.
The board shall annually choose from its membership a chair, a vice chair, and a secretary-treasurer.
No member may be removed from office except for cause.
The terms of members shall begin on October thirty-first of the calendar year. The appointee's
term shall expire on October thirtieth in the third year of appointment.
Members terms that end June 30, 2012, are extended to October 30, 2012.
Section 26. That § 14-1-55 be amended to read as follows:
14-1-55. The Governor shall appoint a State Library Board to perform all functions of the former
State Library Commission. The board shall consist of six members appointed by the Governor for
three-year terms. The members may not be of all the same political party. The initial terms of the
members of the board shall be set by the Governor in such a manner that no more than two members'
terms expire in the same year. One member shall be the executive director of the Board of Regents
or the executive director's designee. The members shall represent, as nearly as practical, all
geographic areas of the state.
The terms of members shall begin on October thirty-first of the calendar year in which the
Governor appoints the member, unless otherwise designated by the Governor. The appointee's term
shall expire on October thirtieth in the third year of appointment.
Members terms that end June 30, 2012, are extended to October 30, 2012.
Section 27. That § 1-15-29 be amended to read as follows:
1-15-29. There is hereby established a twenty-member Council of Juvenile Services to be
appointed by the Governor and shall be comprised of individuals who have training, experience, or
special knowledge of juvenile delinquency prevention or treatment or of the administration of
juvenile justice. The membership of the Council of Juvenile Services shall comply with Section
223(a)(3) of the Juvenile Justice and Delinquency Act. The initial members to be appointed shall
draw lots to determine who will hold the eight three-year terms, the six two-year terms, and the six
one-year terms. Thereafter, each member shall serve a term of three years. Members may be
reappointed and may continue to serve an expired term until replaced by the Governor. A
chairperson, who may not be a full-time federal, state, or local employee, for the Council of Juvenile
Services shall be chosen annually by a majority vote of its members at the first meeting each fiscal
year.
The terms of members shall begin on October thirty-first of the calendar year in which the
Governor appoints the member, unless otherwise designated by the Governor. The appointee's term
shall expire on October thirtieth in the third year of appointment.
Members terms that end June 30, 2012, are extended to October 30, 2012.
An Act to revise the terms and expiration dates of appointees to certain boards and commissions.
=========================
I certify that the attached Act
originated in the
SENATE as Bill No. 168
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 168
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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