STATE AFFAIRS AND GOVERNMENT

_______________


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\001.wpd
CHAPTER 1

(SB 124)

The Department of Social Services refugee agreements regulated.


        ENTITLED, An Act to repeal the authority for the Department of Social Services to enter agreements related to the Refugee Act of 1980 and to require certain reports regarding services provided to and arrival of refugees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 28-1-47 be repealed.

    Section 2. That the code be amended by adding a NEW SECTION to read:

    Any private agency that provides services to a refugee arriving directly in South Dakota shall submit an annual report to the Governor and the Legislature by December thirty-first of each year. The report shall include:

            (1)    A description of the services provided;

            (2)    A list of the municipalities or areas receiving a direct arrival refugee;

            (3)    The total number of direct arrival refugees;

            (4)    The demographic breakout of the direct arrival refugees by age, country of origin, and sex; and

            (5)    Any proposed change to the expected number of direct arrival refugees or municipalities or areas designated to receive direct arrival refugees.

    Section 3. Section 2 of this Act is repealed on December 31, 2020.

     Signed March 17, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\001.wpd




Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\002.wpd
CHAPTER 2

(HB 1034)

Electronic filing of certain documents, fees established.


        ENTITLED, An Act to establish certain fees for receiving electronic files of petitions, to revise certain provisions concerning filing petitions and other documents, and to revise certain provisions concerning elections and voting.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 1-8-10 be amended to read:

    1-8-10. The secretary of state shall charge the following fees for services performed in the Office of the Secretary of State and shall collect the fees in advance:

            (1)    For making a copy or transcript of any record, instrument, or paper on file in the office, two dollars per page;

            (2)    For filing and safekeeping of any instrument or paper required by law to be filed only, ten dollars; except the oath of office of members of the Legislature and legislative officers, employees and governmental officers, employees and agencies, there is no fee;

            (3)    For each commission, requisition, passport, or other document, signed by the Governor and attested by the secretary of state, under the great seal of the state, except commissions issued for executive appointment and extraditions, and making the proper record for the same, five dollars;

            (4)    For filing the application, bond, and issuing commission of a notary public, thirty dollars;

            (5)    For official certificate, attestation, and impression of the great seal, twenty-five dollars;

            (6)    For filing or recording any other instrument or document, ten dollars; and

            (7)    For a certified copy of any document, instrument, or paper on file in the office, two dollars per page and fifteen dollars for the certificate and affixing the seal; and

            (8)    If the document is a petition and the request is for an electronic file the following fees shall be:

            (a)    Nominating petition for a legislative candidate or special district candidate, fifteen dollars;

            (b)    Nominating petition for a statewide candidate, fifty dollars;

            (c)    Petitions for statewide ballot measure, fifty dollars; and

            (d)    Petitions for new party formation, fifty dollars.

    Section 2. That § 1-8-14 be amended to read:

    1-8-14. The secretary of state may establish and maintain a secure and interactive website where all documents required to be filed with or maintained by the Office of the Secretary of State may be

filed, processed, and obtained by interested parties. Any document required to be filed with the Office of the Secretary of State may shall be filed electronically in a medium permitted by the secretary of state. The secretary of state shall promulgate rules, pursuant to chapter 1-26, to establish the procedure and methodology for filing documents.

    Section 3. That chapter 12-1 be amended by adding a NEW SECTION to read:

    No petition submitted may be made available to the public until the validation process has been completed and the office where that petition was submitted has filed or rejected the petition.

    Section 4. That § 12-18-27 be amended to read:

    12-18-27. No person may show a publicize an official ballot after it is marked to any person in such a way as to reveal the contents of the official ballot, or the name of any candidate for whom the person has marked a vote. Nor may any No person may solicit the a voter to show the voter's official ballot. Immediately after marking the official ballot the voter shall fold and refold deposit the official ballot in the ballot box, if necessary, leaving the official stamp exposed.

    Section 5. That § 12-19-2 be amended to read:

    12-19-2. An absentee voter desiring to vote by mail may apply to the person in charge of the election for an absentee ballot. The application or request shall be made in writing and be, signed by the applicant, and shall state contain the applicant's voter registration address. The application or request shall contain an oath verifying the validity of the information contained in the application or request. The oath shall be administered by a notary public or other officer authorized by statute this state to administer an oath or administered by an out-of-state notary public. If the application or request does not contain an oath, the application or request shall be accompanied by a copy of the voter's identification card as required by § 12-18-6.1. The copy of the voter's identification card shall be maintained by the person in charge of the election pursuant to § 12-20-31. However, the voter's identification card is not available for public inspection. The application or request may be used to obtain an absentee ballot for all elections in that calendar year conducted by the jurisdiction receiving the application or request if so indicated. The ballot shall be sent to the voter's residence, as shown in the voter registration file or any temporary residence address designated in writing by the voter, at the time of applying for the absentee ballot. If the application or request is from a voter identified as being covered by the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) as of January 1, 2010, the voter may designate on the application for the ballot to be sent electronically pursuant to this section through the system provided by the Office of the Secretary of State. The person in charge of the election shall stamp the application with the date it was received. The person in charge of the election shall preserve a record of the name, mailing address, and voting precinct of each applicant and, except as provided by § 12-19-45, deliver a copy of the record to the superintendent of the election board of the home precinct of the applicant.

    Section 6. That § 12-19-9.1 be amended to read:

    12-19-9.1. If there is any nursing facility, assisted living center, or hospital, as defined in § 34-12-1.1, within any county from which there might reasonably be expected to be five or more absentee applications, the county auditor shall notify the person in charge of that facility and the chair of the county central committee of each party and any other person who has filed a request to be notified of the date and time at which representatives of the auditor's office will be present to assist the residents of that facility to vote, utilizing the absentee procedure. Any political party, independent candidate, and nonpolitical candidate may assign a person to accompany the auditor's representatives. At the date and time announced, the auditor's representative and the representatives of the parties, independent candidates, and nonpolitical candidates shall deliver ballots to and assist all persons at that facility who desire such assistance and who have applied for absentee ballots. This section applies only to a general election.


    If a person in charge of an election conducts absentee voting at a nursing facility, assisted living center, or hospital as defined in § 34-12-1.1, the voter shall complete a combined absentee ballot application/return envelope and the identification and affidavit requirements provided in § 12-19-2.1 are waived.

    Section 7. That § 12-1-3 be amended to read:

    12-1-3. Terms used in this title mean:

            (1)    "Candidate," a person whose name is on the ballot or who is entitled to be on the ballot to be voted upon for nomination or election at any election;

            (2)    "Election," any election held under the laws of this state;

            (3)    "Election officials," state and local officials charged with the duty of conducting elections and the canvass of returns;

            (4)    "Elector," a person qualified to register as a voter, whether or not the person is registered;

            (4A)    "Electronic pollbook," an electronic system containing both the registration list and pollbook;

            (5)    "General election," the vote required to be taken in each voting precinct of the state on the first Tuesday after the first Monday in November of each even-numbered year;

            (5A)    "Paid circulator," any person who receives money or anything of value for collecting signatures for a petition;

            (6)    "Party office," an office of a political party organization as distinct from a public office;

            (7)    "Person in charge of an election," or "person charged with the conduct of an election," the county auditor in all cases except local elections for a municipality, school district, township, or other political subdivision, in which case it is the officer having the position comparable to the auditor in that unit of government if not specifically designated by law;

            (8)    "Petition," a form prescribed by the State Board of Elections, which contains the question or candidacy being petitioned, the declaration of candidacy if required and the verification of the circulator. If multiple sheets of paper are necessary to obtain the required number of signatures, each sheet shall be self-contained and separately verified by the circulator;

            (9)    "Petition circulator," a resident of the State of South Dakota who is at least eighteen years of age who circulates nominating petitions or other petitions for the purpose of placing candidates or issues on any election ballot;

            (10)    "Political party," a party whose candidate for Governor any statewide office at the last preceding general election at which a Governor was elected received at least two and one-half percent of the total votes cast for Governor that statewide office;

            (10A)    "Pollbook" or "poll list," a list containing in numerical order the names of all persons voting at the election and type of ballot voted;

            (10B)    "Polling place," a designated place voters may go to vote;

            (11)    "Primary" or "primary election," an election held at which candidates are nominated for public office;

            (12)    "Public office," an elected position in government;

            (12A)    "Registration list," a list of eligible voters;

            (13)    "Registered mail," does not include certified mail;

            (14)    "Registration officials," the county auditor and deputies and other persons authorized to assist in registration pursuant to chapter 12-4;

            (14A)    "Vote center," a polling place when the precinct has been defined as the entire jurisdiction and an electronic pollbook is utilized;

            (15)    "Voter," a person duly registered to vote or one who is performing the act of voting;

            (16)    "Independent (IND)" or "no party affiliation (NPA)," any voter who writes independent, I, Ind, the field is blank, no party affiliation, no party, no choice, nonpartisan, or line crossed off in the choice of party field on the voter registration form;

            (17)    "Independent candidate," notwithstanding the definition of independent as stated in this chapter, any registered voter regardless of party affiliation who declares to be an independent candidate for public office pursuant to this chapter;

            (18)    "Other," any voter who writes a political party not recognized in South Dakota in the choice of party field on the voter registration form.

    Section 8. That chapter 2-1 be amended by adding a NEW SECTION to read:

    The director of the Legislative Research Council shall prepare a fiscal note, if applicable, for an initiated measure, initiated amendment to the Constitution, or referred law. The fiscal note shall include an estimate of the impact on revenues, expenditures, or fiscal liability of the state or its agencies and subdivisions by the provisions of the initiated measure or initiated amendment to the Constitution. The fiscal note may not exceed fifty words. The director shall file the fiscal note, if applicable, with the sponsor and the secretary of state within sixty days of the receipt of an initiated measure, initiated amendment to the Constitution, or referred law.

    Section 9. That Section 3 of the enrolled version of HB 1037 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 3. That § 12-6-7 be amended to read:

    12-6-7. A nominating petition may be composed of several sheets, each sheet shall have identical headings printed at the top. A nominating petition for any election and shall be a self-contained sheet of paper. The petition for party office or political public office shall be signed by not less than one percent of the voters who voted for that party's gubernatorial candidate at the last gubernatorial election in the county, part of the county, district, or state electing a candidate to fill the office. If a county uses vote centers and does not print ballots by precinct, signature requirements for both partisan and independent candidates are:

            (1)    Fifty signatures for a legislative candidate whose district either in whole or in part includes that county;

            (2)    Thirty signatures for a county candidate;

            (3)    Fifteen signatures for county commissioner district candidates;

            (4)    Five signatures for a new party legislative candidate whose district either in whole or in

part includes that county;

            (5)    Five signatures for a new party county candidate; or

            (6)    Three signatures for a new party county commissioner district candidate.

    Section 10. That Section 7 of the enrolled version of HB 1037 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 7. That § 12-7-1 be amended to read:

    12-7-1. Any candidate for nonjudicial public office, except as provided in § 12-7-7 or office in the State Legislature, county political public office, and county party office as provided in section 9 of this Act, who is not nominated by a primary election may be nominated by filing a certificate of nomination with the secretary of state or county auditor as prescribed by § 12-6-4, after December thirty-first and by the last Tuesday of April at 5:00 p.m. local time before the election. A certificate of nomination shall be executed as provided in chapter 12-6. If the certificate of nomination is mailed by registered mail by the last Tuesday of April at 5:00 p.m. local time before the election, it is timely submitted. The certificate of nomination shall be signed by registered voters within the district or political subdivision in and for which the officers are to be elected. The number of signatures required may not be less than one percent of the total combined vote cast for Governor at the last certified gubernatorial election within the district or political subdivision. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the forms for the certificate of nomination.

    Section 11. That § 12-13-23 be amended to read:

    12-13-23. The secretary of state shall distribute public information on any constitutional amendment, initiated, or referred measure submitted to the electors for approval. The secretary of state shall compile the public information by printing a statement in support of the constitutional amendment, initiated, or referred measure written by its proponents, if any can be identified, and a statement against the constitutional amendment, initiated, or referred measure written by its opponents, if any can be identified. The secretary of state is not responsible for the contents, objectivity, or accuracy of the statements written by the proponents and opponents. The pamphlet shall also include the attorney general's title, explanation, and a clear and simple recitation of the effect of a "Yes" or "No" vote; number of pages and sections in the proposed or referred language; and, if applicable, a prison or jail population cost estimate and fiscal note.

     Signed March 13, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\002.wpd


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\003.wpd
CHAPTER 3

(SB 29)

Mobile breath alcohol testing allowed.


        ENTITLED, An Act to provide for the use of mobile breath alcohol testing in the 24/7 sobriety program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 1-11-19 be amended to read:


    1-11-19. Each county, through its the county sheriff, may participate in the 24/7 sobriety program. If a sheriff is unwilling or unable to participate in the 24/7 sobriety program, the sheriff may designate an entity willing to provide the service. If twice a day twice-a-day testing is ordered, the sheriff, or designated entity, shall establish the testing locations and times for each county but shall have with at least one location and two daily testing times approximately twelve hours apart.

    The Department of Corrections may participate in the 24/7 sobriety program for electronic alcohol monitoring device testing of parolees and mobile breath alcohol testing of a parolee.

    The Unified Judicial System may participate in the 24/7 sobriety program for electronic alcohol monitoring device testing of persons and mobile breath alcohol testing of a person placed under its supervision.

    Section 2. That § 1-11-24 be amended to read:

    1-11-24. The Office of the Attorney General, pursuant to chapter 1-26, may promulgate rules for the administration of §§ 1-11-17 to 1-11-25, inclusive, to:

            (1)    Regulate the nature, method, and manner of testing;

            (2)    Provide for procedures and apparatus for testing including electronic monitoring devices and, ignition interlock devices, and mobile breath alcohol testing devices; and

            (3)    Require the submission of reports and information by law enforcement agencies within this state.

    Section 3. That § 1-11-25 be amended to read:

    1-11-25. Any fees collected under §§ 1-11-17 to 1-11-25, inclusive, shall be distributed as follows:

            (1)    Any daily user fee collected in the administration of twice a day twice-a-day testing, drug patch testing, or urinalysis testing under the 24/7 sobriety program shall be collected by the sheriff, or an entity designated by the sheriff, and deposited with the county treasurer of the proper county, the. The proceeds of which shall be applied and used only to defray the recurring costs of the 24/7 sobriety program including maintaining equipment, funding support services, and ensuring compliance;

            (2)    Any installation fee and deactivation fee collected in the administration of electronic alcohol monitoring device testing or mobile breath alcohol testing shall be collected by the sheriff, or an entity designated by the sheriff, and deposited with the county treasurer of the proper county, the. The proceeds of which shall be applied and used only to defray the recurring costs of the 24/7 sobriety program including maintaining equipment, funding support services, and ensuring compliance;

            (3)    Any daily user fee collected in the administration of electronic alcohol monitoring device testing or mobile breath alcohol testing, arising from a court ordered placement in the 24/7 sobriety program, shall be collected by the sheriff, or an entity designated by the sheriff, and deposited in the state 24/7 sobriety fund created by § 1-11-18. If the test is directed by the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent, the fees shall be collected and deposited as provided in the written directive;

            (4)    The Department of Corrections or the Unified Judicial System may collect an installation fee and a deactivation fee in their for the administration of electronic alcohol monitoring device testing and mobile breath alcohol testing. These fees shall be deposited into the

state general fund;

            (5)    Any enrollment and monitoring fee collected in the administration of ignition interlock device testing shall be collected by the sheriff, or an entity designated by the sheriff, and deposited with the county treasurer of the proper county, the. The proceeds of which shall be applied and used only to defray the recurring costs of the 24/7 sobriety program including maintaining equipment, funding support services, and ensuring compliance; and

            (6)    Any participation fee collected in the administration of testing under the 24/7 sobriety program to cover program administration costs incurred by the Office of the Attorney General shall be collected by the sheriff, or an entity designated by the sheriff, and deposited in the state 24/7 sobriety fund created by § 1-11-18.

    Section 4. That § 1-11-29 be amended to read:

    1-11-29. A participant submitting to the wearing of the electronic alcohol monitoring device or the use of a mobile breath alcohol testing shall pay a user fee of not more than ten dollars for each per day.

    In addition, the The participant shall also pay an installation fee and a deactivation fee, each in the amount of not more than fifty dollars each.

    The participant is also financially responsible for the actual replacement cost for loss or breakage of the electronic alcohol monitoring device or mobile breath alcohol testing device and all associated equipment provided to the participant that is necessary to conduct electronic alcohol monitoring device testing or mobile breath alcohol testing.

    Section 5. That § 1-11-31 be amended to read:

    1-11-31. A participant shall pay all electronic alcohol monitoring device or mobile breath alcohol testing device fees in advance or contemporaneously with the fee becoming due at the same time the device is activated. All other applicable fees shall be paid at or in advance of or at the time for the test of testing.

    Section 6. That § 1-11-31.1 be amended to read:

    1-11-31.1. A sheriff, an entity designated by a sheriff, or a directing entity may, in addition to any other authorized sanction, remove a participant from electronic alcohol monitoring device testing and, ignition interlock device testing, or mobile breath alcohol testing and place the participant on twice-a-day testing if the participant fails to pay the required fees and costs for those testing devices.

    Section 7. That ARSD 02:06:01:01 be amended to read:

    2:06:01:01...Definitions for 24/7 Sobriety Program. Terms used in this article mean:

    (1) "Drug patch," any type of device that is affixed to a person's skin and tests for the presence of marijuana or controlled substances in the person's body;

    (2) "Electronic alcohol monitoring device," any electronic instrument that is attached to a person and is capable of determining and monitoring the presence of alcohol in a person's body. The term, electronic alcohol monitoring device, includes any associated equipment a participant needs in order for the device to properly perform;

    (3) "Ignition interlock device," an instrument that is attached to a motor vehicle's ignition system in which a participant submits to a breath test that detects the presence of alcohol in the participant's body, provides simultaneous testing and photo confirmation information to the participating agency,

and does not permit the starting and continued operation of the participant's vehicle if test detects alcohol;

    (3A) "Mobile breath alcohol testing device," any mobile breath alcohol testing device capable of determining the presence of alcohol in a participant's body that is capable of scheduled, random, and on-demand tests. The device must provide immediate testing results, a GPS reading, and facial recognition confirmation to the participating agency;

    (4) "Participant," a person who has been ordered by a court or directed by the Board of Pardons and Parole, Department of Corrections, or any parole agent to participate in the 24/7 Sobriety Program. The term, participant, also includes a person who, as a condition of receiving a work permit, is directed by the Department of Public Safety to participate in the 24/7 Sobriety Program;

    (5) "Participating agency," a sheriff's office or a designated entity named by a sheriff that has agreed to participate in the 24/7 Sobriety Program by enrolling participants, administering one or more of the tests, and submitting reports to the Attorney General;

    (6) "Participation agreement," a written document executed by a participant agreeing to participate in the 24/7 Sobriety Program in a form approved by the Attorney General that contains the following information:

    (a) The type, frequency, and time period of testing;

    (b) The location of testing;

    (c) The fees and payment procedures required for testing; and

    (d) The responsibilities and obligations of the participant under the 24/7 Sobriety Program;

    (7) "24/7 Sobriety Program," a twenty-four hour and seven day a week sobriety program in which a participant submits to the testing of the participant's blood, breath, urine, or other bodily substances in order to determine the presence of alcohol, marijuana, or any controlled substance in the participant's body;

    (8) "Twice-a-day testing," the 24/7 Sobriety Program test in which a participant submits to a breath test that detects the presence of alcohol in the participant's body and is performed at least twice daily with testing times approximately twelve hours apart.

    Section 8. That ARSD 02:06:02:03 be amended to read:

    2:06:02:03...Type of testing authorized. A participant placed on the 24/7 Sobriety Program shall submit to one or more of the following tests:

    (1) Twice-a-day testing;

    (2) Urinalysis;

    (3) Drug patch;

    (4) Electronic alcohol monitoring device, if a device is available for attachment on a participant and the participant is capable of wearing the device;

    (5) Ignition interlock device, if a device is available from a vendor for attachment on the participant's vehicle, the participant possesses a valid driver's license or work permit, and the participant has proof of financial responsibility; or

    (6) Mobile breath alcohol testing device, if a device is available for a participant.

    Section 9. That ARSD 02:06:02:04 be amended to read:

    2:06:02:04...Frequency and time period of testing. A participant placed on a 24/7 Sobriety Program shall submit to tests at the participating agency's premises as follows:

    (1) Twice-a-day testing shall be conducted for the time period ordered or directed by the court, the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent;

    (2) Urinalysis testing shall be conducted as ordered or directed by the court, the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent, for the time period ordered or directed;

    (3) Drug patch testing shall be utilized as ordered or directed by the court, the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent, for the time period ordered or directed;

    (4) Electronic alcohol monitoring device testing shall be utilized if ordered or directed by the court, the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent, for the time period ordered or directed, based upon availability of the device and if it is determined that the participant is capable of wearing the electronic alcohol monitoring device;

    (5) Ignition interlock testing shall be utilized if ordered or directed by the court, the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent, for the time period ordered or directed, based upon availability of the device from a vendor for attachment, and the participant's possession of a valid driver's license or work permit and proof of financial responsibility; and

    (6) Mobile breath alcohol testing shall be utilized if ordered or directed by the court, the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent, for the time ordered or directed, based on the availability of the device for use by the participant.

    Section 10. That ARSD 02:06:02:06 be amended to read:

    2:06:02:06...Attorney General selection of ignition interlock device _ Minimum requirements for ignition interlock device. Each participant shall use an ignition interlock device selected by the Attorney General. The Attorney General may not select a device unless it conforms to the following minimum requirements:

    (1) The device meets the standards set forth in the National Highway Traffic Safety Administration "Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDS)" published in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, pp. 11772-87 Vol. 80, No. 60, Monday, March 30, 2015, pp. 16720-23;

    (2) The device simultaneously records testing information and a digital photo of the participant during the testing process;

    (3) The device is able to perform tests at least twice daily, even if the participant is not operating the vehicle, with testing times approximately 12 hours apart;

    (4) The device and supporting hardware and software shall transmit, at least daily, all testing information and a digital photo for each test and all device malfunctions in a manner that the

information is available to the participating agency enrolling the participant and may be made available on the Attorney General's reporting system; and

    (5) The vendor of a participant submitting to ignition interlock device testing agrees to notify the applicable participating agency at least 24 hours prior to the removal or deactivation of an ignition interlock device if the participant fails to pay costs and expenses.

    Section 11. That a NEW SECTION be added to ARSD chapter 02:06:02 to read:

    02:06:02:07. Attorney General selection of mobile breath alcohol testing device - Minimum requirements for mobile breath alcohol testing device. Each participant shall use a mobile breath alcohol testing device selected by the Attorney General. The Attorney General may not select a device unless it conforms to the following minimum requirements:

    (1) The device is able to perform scheduled, random, and on-demand tests;

    (2) The device provides a GPS location of where each test is conducted;

    (3) The device submits a digital photograph when each test is provided that is compared with an enrollment photograph using facial recognition software;

    (4) The device provides immediate notification of a missed test, failed test, or a test where facial recognition is not confirmed to the participating agency; and

    (5) The device is able to provide the text message notification of an upcoming test to a participant.

    Section 12. That a NEW SECTION be added to ARSD chapter 02:06:03 to read:

    02:06:03:05.01. Mobile breath alcohol testing device fees. A participant using a mobile breath alcohol testing device shall pay a fee of four dollars for each day the participant uses the device. In addition, the participant shall pay an installation fee and a deactivation fee of $40 each.

    Section 13. That ARSD 02:06:03:06 be amended to read:

    2:06:03:06...Participation fees. A participant placed on the 24/7 Sobriety Program shall pay the following participation fees:

    (1) A person participant submitting to electronic alcohol monitoring device or testing, ignition interlock device testing, or mobile breath alcohol testing shall pay one dollar for each day the person participant is on the program; and

    (2) A person participant submitting to twice-a-day testing shall pay one dollar for each day the person participant is on the program, up to a maximum of $30.

     Signed March 10, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\003.wpd




Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\004.wpd
CHAPTER 4

(HB 1173)

Distribution of funds from the building South Dakota fund.


        ENTITLED, An Act to revise the distribution of funds from the building South Dakota fund.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 1-16G-48 be amended to read:

    1-16G-48. The commissioner of the Bureau of Finance and Management shall authorize and disburse money from the building South Dakota fund for the following purposes:

            (1)    Twenty-five percent of the fund shall be transferred to the local infrastructure improvement grant fund created in § 1-16G-50;

            (2)    Fifteen Five percent of the fund shall be transferred to the economic development partnership fund created in § 1-16G-51;

            (3)    Thirty percent of the fund shall be transferred to the workforce education fund created in § 13-13-88;

            (4)    Twenty-five Thirty-five percent of the fund shall be transferred to the South Dakota housing opportunity fund created in § 11-13-2. Disbursement of funds to the South Dakota Housing Development Authority shall be made after South Dakota housing opportunity funds have been obligated by the oversight commission created pursuant to § 11-13-8; and

            (5)    Five percent of the fund shall be transferred to the revolving economic development and initiative fund created in § 1-16G-3 for the purpose of making grants to projects that have a total project cost of less than twenty million dollars.

     The commissioner of the Bureau of Finance and Management, at the request of the commissioner of the Governor's Office of Economic Development and the approval of the special committee created in § 4-8A-2 or the Senate and House standing committees on appropriations meeting in joint session, shall transfer building South Dakota fund money among the local infrastructure improvement grant fund, the economic development partnership fund, and the revolving economic development and initiative fund, provided the money is unobligated at the time of the request and subsequent transfer.

     Signed March 14, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\004.wpd




Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\005.wpd
CHAPTER 5

(SB 71)

The reinvestment payment program, revised.


        ENTITLED, An Act to revise certain provisions of the reinvestment payment program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 1-16G-56 be amended to read:

    1-16G-56. Terms used in §§ 1-16G-56 to 1-16G-68, inclusive, mean:

            (1)    "Board," the Board of Economic Development;

            (2)    "Commissioner," the commissioner of the Governor's Office of Economic Development;

            (3)    "Completed the project" or "completion of the project," the first date when the project is operational;

            (4)    "Construction date," the first date earth is excavated or a contractor has initiated work for the purpose of constructing a new or expanded facility or the first date new equipment is located on the project site or existing equipment is removed from the project site for the purpose of equipment upgrades, whichever occurs first;

            (5)    "Data center," any facility established for the purpose of processing, storage, retrieval, or communication of data;

            (6)    "Department," the Department of Revenue;

            (7)    "Equipment upgrades," the installation of new equipment or the replacement or improvement of existing equipment, which is subject to the sales or use tax imposed by chapters 10-45 or 10-46 or contractor's excise tax imposed by chapters 10-46A or 10-46B;

            (8)    "GOED," the Governor's Office of Economic Development;

            (9)    "New or expanded facility," a new building or structure, or the expansion, renovation, or retrofitting of an existing building or structure, which is subject to the contractor's excise tax imposed by chapters 10-46A or 10-46B;

            (10)    "Person," any individual, firm, copartnership, joint venture, association, cooperative, nonprofit development corporation, limited liability company, limited liability partnership, corporation, estate, trust, business trust, receiver, or any group or combination acting as a unit;

            (11)    "Project," a new or expanded facility with a project cost which exceed twenty million dollars, or equipment upgrades with a project cost which exceed two million dollars. A project includes laboratory and testing facilities, manufacturing facilities, advanced telecommunications capability, data centers, power generation facilities, power transmission facilities, agricultural processing facilities, wind energy facilities, and facilities defined by GOED as targeted industries. A project does not include any building or structure:

            (a)    Used predominantly for the sale of products at retail, other than the sale of electricity at retail, or the provision of advanced telecommunications capability, to individual consumers;

            (b)    Used predominantly for residential housing or transient lodging;

            (c)    Used predominantly to provide health care services;

            (d)    Used predominantly for the transportation or transmission of natural gas, oil, or crude oil by means of a pipeline; or

            (e)    That is not subject to ad valorem real property taxation or equivalent taxes measured by gross receipts;

            (12)    "Project cost," the amount paid by the project owner in money, credits, property, or other consideration associated with a project including, without limitation, land, labor, materials, furniture, equipment, fees, or fixtures;

            (13)    "Wind energy facility," any new facility or facility expansion that:

            (a)    Consists of a commonly managed integrated system of towers, wind turbine generators with blades, power collection systems, and electric interconnection systems, that convert wind movement into electricity, and is subject to the tax imposed by §§ 10-35-18 and 10-35-19; and

            (b)    The construction of which is subject to contractors' excise tax pursuant to chapter 10-46A or 10-46B;

            (14)    "Advanced telecommunications capability," without regard to any transmission media or technology, is high-speed, switched, broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics, and video telecommunications using any technology that provides a minimum actual download speed of at least twenty-five megabits per second and actual upload speed of at least three megabits per second.

     Signed March 8, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\005.wpd


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\006.wpd
CHAPTER 6

(SB 11)

State Fair Commission, revised.


        ENTITLED, An Act to revise certain provisions regarding the State Fair Commission and the administration of the fairgrounds and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 1-21-1.2 be repealed.

    Section 2. That § 1-21-2 be amended to read:

    1-21-2. The State Fair Commission shall hold an annual meeting on the third Tuesday in January

each year, at the office of the secretary-treasurer at meet at least once a year in Huron, South Dakota. It The commission may hold other meetings at places and at times requested by the secretary of agriculture. The secretary-treasurer shall give notice of all meetings, except the regular annual meeting, to all members in ample time to enable them to attend by ordinary methods of travel. At the regular annual meeting first meeting of the year the commission shall elect from its own membership, a president and a vice-president. Each member of the commission shall have an equal voice and equal voting power on the commission and in conduct of the affairs of the commission chair and vice chair.

    Section 3. That § 1-21-6.1 be amended to read:

    1-21-6.1. The secretary of agriculture may appoint as many law enforcement officers, as defined in § 23-3-27 and certified by the state, as may be necessary to serve as state fair law enforcement officers to ensure peace and good order on or about the fairgrounds during the annual fair. The secretary shall issue to each officer a certificate of authority. Each officer shall possess all the powers of a certified law enforcement officer with jurisdiction to make arrests within Beadle County. The secretary may promulgate rules pursuant to chapter 1-26 establishing additional qualifications in excess of the certification requirements for a certified law officer.

    Section 4. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

     Signed March 8, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\006.wpd


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\007.wpd
CHAPTER 7

(HB 1006)

Public notice requirements revised
for meetings and written comments.


        ENTITLED, An Act to revise certain requirements for a public notice of a public meeting.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 1-25-1.3 be amended to read:

    1-25-1.3. The state and each state board, commission, or department shall provide public notice, with proposed agenda, that is visible, readable, and accessible to the public for at least two continuous days, as that time period is computed pursuant to § 15-6-6(a), immediately preceding any meeting, of a meeting by posting a copy of the notice proposed agenda at the principal office of the public body holding the meeting. The proposed agenda shall include the date, time, and location of the meeting, be visible, readable, and accessible to the public. The agenda shall be posted at least seventy-two hours before the meeting is scheduled to start according to the agenda. The seventy-two hours does not include the day the agenda is posted nor Saturday, Sunday, or legal holidays. The notice shall also be posted on the public body's website upon dissemination of the notice, if such a website exists. For any special or rescheduled meeting, the information in the notice shall be delivered in person, by mail, by email, or by telephone, to members of the local news media who have requested notice. For any special or rescheduled meeting, each public body shall also comply with the public notice provisions of this section for a regular meeting to the extent that circumstances permit. A violation of this section is a Class 2 misdemeanor.


    Section 2. That § 1-26-4 be amended to read:

    1-26-4. The following notice, service, and public hearing procedure shall be used to adopt, amend, or repeal a permanent rule:

            (1)    An agency shall serve a copy of a proposed rule and any publication described in § 1-26-6.6 upon the departmental secretary, bureau commissioner, public utilities commissioner, or constitutional officer to which it is attached for the secretary's, commissioner's, or officer's written approval to proceed;

            (2)    After receiving the written approval of the secretary, commissioner, or officer to proceed, the agency shall serve the director with a copy of: the proposed rules; any publication described in § 1-26-6.6; the fiscal note described in § 1-26-4.2; the impact statement on small business described in § 1-26-2.1; and the notice of hearing required by § 1-26-4.1. The copy of these documents shall be served at least twenty days before the public hearing to adopt the proposed rules. Any publication described in § 1-26-6.6 shall be returned to the agency upon completion of the director's review and retained by the agency. Also, twenty days before the public hearing, the agency shall serve the commissioner of the Bureau of Finance and Management with a copy of: the proposed rules; the fiscal note described in § 1-26-4.2; the impact statement on small business described in § 1-26-2.1; and the notice of hearing required by § 1-26-4.1;

            (3)    The agency shall publish the notice of hearing in the manner prescribed by § 1-26-4.1, at least twenty days before the public hearing;

            (4)    After reviewing the proposed rule pursuant to § 1-26-6.5, the director shall advise the agency of any recommended corrections to the proposed rule. If the agency does not concur with any recommendation of the director, the agency may appeal the recommended correction to the Interim Rules Review Committee for appropriate action;

            (5)    The agency shall afford all interested persons reasonable opportunity to submit amendments, data, opinions, or arguments at a public hearing held to adopt the rule. The hearing may be continued from time to time. The agency shall keep minutes of the hearing. A majority of the members of any board or commission authorized to pass rules must be present during the course of the public hearing;

            (6)    If the agency is headed by authority promulgating the rule is a secretary, commissioner, or officer, the agency shall accept written comments regarding the proposed rule for a period of ten days after the public hearing. If the agency authority promulgating the rule is a part-time citizen board, commission, committee, or task force, the each interested person is required to submit written comments at least seventy-two hours before the public hearing. The seventy-two hours does not include the day of the public hearing. The written comments may be submitted by mail or email. The record of written comments shall may be closed at the conclusion of the public hearing. However, the hearing may be specifically continued for the purpose of taking additional comments;

            (7)    After the written comment period, the agency shall fully consider all amendments, data, opinions, or arguments regarding the proposed rule. A proposed rule may be modified or amended at this time to include or exclude matters which were described in the notice of hearing; and

            (8)    The agency shall serve the minutes of the hearing, a complete record of written comments, the impact statement on small business, the fiscal note, the information required in § 1-26-4.8, and a corrected copy of the rules on the members of the Interim Rules Review Committee at least five days before the agency appears before the committee to present the rules.

    The time periods specified in this section may be extended by the agency. The requirement to serve the committee in subdivision (8) may be waived by the committee chair if the agency presents sufficient reasons to the committee chair that the agency is unable to comply with the time limit. The waiver may not be granted solely for the convenience of the agency.

    Section 3. That § 1-26-4.1 be amended to read:

    1-26-4.1. The notice of a public hearing of an agency's intent to adopt, amend, or repeal a rule shall be published in a manner selected to notify persons likely to be affected by the proposed rule. At a minimum the notice of the public hearing shall be published in at least three newspapers of general circulation in different parts of the state. The provisions of chapter 17-2 do not apply to notices required by this section.

    The notice of a public hearing or the notice of intent to adopt an emergency rule shall be mailed to each person who has made a timely request of the agency for advance notice of its rule-making proceedings.

    A notice of hearing or a notice of intent to adopt emergency rules shall contain a narrative description of the effect of the proposed rule and the reasons for adopting the proposed rule. A notice of hearing shall also state where and when the hearing will be held, how amendments, data, opinions, and arguments may be presented, the deadline to submit written comments, and how the public may obtain copies of the proposed rule.

     Signed February 1, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\007.wpd


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\008.wpd
CHAPTER 8

(SB 116)

Online access to information concerning state boards,
commissions, and departments.


        ENTITLED, An Act to improve online access to information concerning state boards, commissions, and departments.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 1-25-1.3 be amended to read:

    1-25-1.3. The state and each state board, commission, or department shall provide public notice, with proposed agenda, that is visible, readable, and accessible to the public for at least two continuous days, as that time period is computed pursuant to § 15-6-6(a), immediately preceding any meeting, by posting a copy of the notice at the principal office of the public body board, commission, or department holding the meeting. The proposed agenda shall include the date, time, and location of the meeting. The notice shall also be posted on the public body's website upon dissemination of the notice, if such a website exists a state website, designated by the commissioner of the Bureau of Finance and Management. For any special or rescheduled meeting, the information in the notice shall be delivered in person, by mail, by email, or by telephone, to members of the local news media who have requested notice. For any special or rescheduled meeting, each public body state board, commission, or department shall also comply with the public notice provisions of this section for a regular meeting to the extent that circumstances permit. A violation of this section is a Class 2 misdemeanor.


    Section 2. That the code be amended by adding a NEW SECTION to read:

    Any state board, commission, or department that is required to provide public notice of its meetings pursuant to § 1-25-1.3 shall make available on a state website designated by the commissioner of the Bureau of Finance and Management, if the information exists:

            (1)    Financial statements;

            (2)    Audit reports;

            (3)    A list of the members of the board or commission;

            (4)    A schedule of future meetings;

            (5)    Public meeting materials that are available before a public meeting;

            (6)    Meeting minutes; and

            (7)    Annual reports.

     Signed March 16, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\008.wpd


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\009.wpd
CHAPTER 9

(HB 1020)

Background checks for information
and telecommunications employees authorized.


        ENTITLED, An Act to authorize background investigations for current and potential employees of the Bureau of Information and Telecommunications and information technology contractors and subcontractors.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 1-33 be amended by adding a NEW SECTION to read:

    The commissioner of the Bureau of Information and Telecommunications may require any information technology employee, new employee, or contractor to pass a background investigation. The background investigation may be criminal or of another nature. The state and federal criminal background investigation shall be by means of a fingerprint check by the Division of Criminal Investigation and the Federal Bureau of Investigation. The bureau shall submit the completed fingerprint card to the Division of Criminal Investigation before the new employee or contractor enters into service. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the background investigation. Any person whose employment or contract is subject to the requirements of this section shall pay any fee charged for the background investigation.

     Signed February 3, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\009.wpd




Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\010.wpd
CHAPTER 10

(SB 46)

State geologist, duties updated.


        ENTITLED, An Act to revise certain provisions regarding the state geologist.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 1-40-7 be amended to read:

    1-40-7. The secretary of the Department of Environment and Natural Resources may employ a geologist with an advanced degree in geology or related physical science as the state geologist. The state geologist shall act as advisor to the secretary in all matters pertaining to geology, hydrology, and natural history and, particularly,. The state geologist shall primarily conduct research to evaluate the natural resources of the state.

    Section 2. That § 13-57-6 be repealed.

    Section 3. That chapter 45-1 be amended by adding a NEW SECTION to read:

    Any specimen of natural history, geology, or mineralogy, which is collected by the state geologist or any other person appointed by the state to investigate its natural and physical resources, or donated by any person, shall be the property of the state.

    Section 4. That § 45-1-3 be repealed.

    Section 5. That § 45-2-4.3 be repealed.

     Signed February 23, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\010.wpd

LEGISLATURE AND STATUTES

_______________


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\011.wpd
CHAPTER 11

(SB 59)

Initiated measure effective date.


        ENTITLED, An Act to delay the effective date for initiated measures and referred laws.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 2-1-12 be amended to read:

    2-1-12. The Each constitutional amendments and initiated and referred measures amendment, initiated measure, or referred law that have been is approved by a majority of all votes cast become

is effective the day on the first day of July after the completion of the official canvass by the State Canvassing Board.

     Signed March 8, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\011.wpd


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\012.wpd
CHAPTER 12

(HB 1035)

Initiative and referendum petition procedure modified.


        ENTITLED, An Act to revise and provide certain procedures for filing, certifying, and challenging petitions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 2-1-17 be amended to read:

    2-1-17. If the random sample indicates that a sufficient number of qualified electors have signed the petition, the secretary of state shall certify that the petition has been signed by the required number of qualified electors and shall place the proposed measure or amendment on the next general election ballot. If the random sample indicates that an insufficient number of qualified electors have signed the petition, the secretary of state shall certify that the petition has not been signed by the required number of qualified electors and may not place the proposed measure or amendment on the next general election ballot. The secretary of state shall, within five days of certifying, notify the petition sponsors by certified mail of the secretary of state's action pursuant to this section.

    Section 2. That § 2-1-18 be amended to read:

    2-1-18. Nothing in section 3 of this Act and §§ 2-1-15 to 2-1-18, inclusive, prohibits any person from challenging in circuit court the validity of signatures or other information required on a petition by statute or administrative rule. A challenge to a petition in circuit court may include items prohibited in section 3 of this Act.

    Section 3. That chapter 2-1 be amended by adding a NEW SECTION to read:

    Within thirty days after a statewide petition for an initiated constitutional amendment, initiated measure, or referendum has been validated and filed, any interested person who has researched the signatures contained on the petition may submit an affidavit to the Office of Secretary of State to challenge the petition. The affidavit shall include an itemized listing of each specific deficiency in question. Any challenge to the following items is prohibited under this challenge process:

            (1)    Signer does not live at address listed on the petition;

            (2)    Circulator does not live at address listed on the petition;

            (3)    Circulator listed a residence address in South Dakota but is not a South Dakota resident;

            (4)    Circulator did not witness the signers;

            (5)    Signatures not included in the random sample; and

            (6)    Petition that was originally rejected.

    Any challenge by the same person or party in interest shall be included in one affidavit.

    The original signed affidavit shall be received by the Office of Secretary of State by 5:00 p.m. central time on the deadline date. If the affidavit challenges any item that is prohibited by this section, only that line item shall summarily be rejected. A challenge to a line item is not a challenge to the petition as a whole.

    The secretary of state's decision regarding a challenge may not be challenged a second time with the secretary of state, but may be appealed to the circuit court of Hughes County. If a person fails to challenge a petition pursuant to this section, it does not deny that person any other legal remedy to challenge the filing of an initiative or referendum petition in circuit court. A challenge to a petition in circuit court may include items prohibited in this section.

    Section 4. That chapter 7-18A be amended by adding a NEW SECTION to read:

    If the validation process of a petition indicates that a sufficient number of qualified electors have signed the petition, the county auditor shall certify that the petition has been signed by the required number of qualified electors and shall place the proposed measure on the ballot pursuant to the provisions of chapter 7-18A. If the validation process of the petition indicates that an insufficient number of qualified electors have signed the petition, the county auditor shall certify that the petition has not been signed by the required number of qualified electors and may not place the proposed measure or amendment on a ballot pursuant to the provisions of chapter 7-18A. The county auditor shall, within five days of certifying, notify the petition sponsors by certified mail of the county auditor's action pursuant to this section.

    Section 5. That § 12-1-13 be amended to read:

    12-1-13. Within five business days after a nominating, initiative, or referendum petition, excluding petitions for statewide initiative, referendum, or constitutional initiative petitions, is validated and filed with the person in charge of the election, any interested person who has researched the signatures contained on the petition may file submit an affidavit stating that the petition contains deficiencies as to the number of signatures from of persons who are eligible to sign the petition. The affidavit shall include an itemized listing of the specific deficiencies in question. Any challenge to the certification or rejection of a nominating petition for a primary election shall be to the circuit court. This action

    Any challenge to the following items is prohibited under this challenge process:

            (1)    Signer does not live at address listed on the petition;

            (2)    Circulator does not live at address listed on the petition;

            (3)    Circulator listed a residence address in South Dakota but is not a South Dakota resident;

            (4)    Circulator did not witness the signers;

            (5)    Signatures or petition sheets not included in the random sample. This subdivision applies only to petitions for statewide candidates, new party formation petitions, or to local jurisdictions that conduct random sampling; and

            (6)    Petition that was originally rejected.

    All challenges by the same person or party in interest shall be included in one affidavit.

    The original signed affidavit shall be received by the person in charge of that election by 5:00 p.m. local time on the deadline date. If the affidavit challenges any item that is prohibited by this

section, only that line item shall be summarily rejected.

    The decision of the secretary of state or the person in charge of the election regarding a challenge may not be challenged a second time with the secretary of state or the person in charge of the election, but may be appealed to the circuit court. Any challenge with the secretary of state may be appealed in Hughes County. An appeal challenging a nominating petition for a primary election, takes precedence over other cases in circuit court. Any party appealing the circuit court order to the Supreme Court shall file a notice of appeal within ten days of the date of the notice of the entry of the circuit court order. Any statewide initiated measure or referendum petition may be challenged by any person pursuant to this section by submitting an affidavit as set forth above within thirty days after the petition is filed with the person in charge of the election.

    A failure to challenge a petition pursuant to this section, does not deny a person any other legal remedy to challenge the filing of a nominating, initiative, or referendum petition in circuit court. A challenge to a petition in circuit court may include items prohibited in this section.

    Section 6. That chapter 12-5 be amended by adding a NEW SECTION to read:

    No person may employ, reward, or compensate any person to circulate a petition for the organization of a political party based on the number of registered voters who signed the petition. Nothing in this section prohibits any person from employing a petition circulator based on one of the following practices:

            (1)    Paying an hourly wage or salary;

            (2)    Establishing either express or implied minimum signature requirements for the petition circulator;

            (3)    Terminating the petition circulator's employment, if the petition circulator fails to meet certain productivity requirements; and

            (4)    Paying discretionary bonuses based on reliability, longevity, and productivity.

Any violation of this section is a Class 2 misdemeanor.

    Section 7. That § 2-1-16 be amended to read:

    2-1-16. The secretary of state shall verify the signatures pursuant to § 2-1-15 by random sampling. The random sample of signatures to be verified shall be drawn so that every each signature received by the secretary of state shall be is given an equal opportunity to be included in the sample. The secretary of state shall calculate the number of valid signatures by multiplying the total number of signatures received by the percentage of successfully verified signatures from the random sample. The secretary of state shall, by rules promulgated promulgate rules, pursuant to chapter 1-26, establish establishing the methodology for conducting the random sample. The random sampling shall be an examination of five percent of the signatures received consisting of a number of signatures that is statistically correlative to not less than ninety-five percent level of confidence with a margin of error equal to not more than three and sixty-two one-hundredths percent.

    Section 8. That § 12-1-36 be amended to read:

    12-1-36. The secretary of state shall verify the signatures received pursuant to § 12-1-35 by random sampling. The random sample of signatures to be verified shall be drawn so that each signature received by the secretary of state is given an equal opportunity to be included in the sample. The secretary of state shall calculate the number of valid signatures by multiplying the total number of signatures received by the percentage of successfully verified signatures from the random sample. The secretary of state shall promulgate rules, pursuant to chapter 1-26, establishing the

methodology for conducting the random sample. The random sampling shall be an examination of five percent of the signatures received consisting of a number of signatures that is statistically correlative to not less than ninety-five percent level of confidence with a margin of error equal to not more than three and sixty-two one-hundredths percent.

     Signed March 13, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\012.wpd


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\013.wpd
CHAPTER 13

(SB 120)

Legislative Planning Committee, repealed.


        ENTITLED, An Act to repeal the Legislative Planning Committee and revise certain provisions regarding agency performance reviews.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 2-6-26 be repealed.

    Section 2. That § 2-6-27 be repealed.

    Section 3. That § 2-6-28 be repealed.

    Section 4. That § 2-6-29 be repealed.

    Section 5. That § 2-6-30 be repealed.

    Section 6. That § 2-6-35 be amended to read:

    2-6-35. The Legislative Planning Government Operations and Audit Committee shall develop and implement a performance management review process that provides the Legislature with a consistent system to evaluate the efficiency and effectiveness of state agencies and to provide additional government transparency and accountability to the public.

    Section 7. That § 2-6-37 be amended to read:

    2-6-37. The Legislative Planning Government Operations and Audit Committee shall establish a schedule whereby the committee reviews the performance management of each state agency at least once every three years. The performance management review shall include the following:

            (1)    The strategic goals of each agency with specific, quantifiable outcomes and measurements to track progress toward those goals;

            (2)    A description of how the resources allocated to the agency's programs and strategies will result in the agency's defined outcomes; and

            (3)    Identification of the performance measurements that will be used to determine if the agency is achieving desired outcomes.

    Section 8. That § 2-6-38 be amended to read:

    2-6-38. Once the Legislative Planning After the Government Operations and Audit Committee

has completed a performance management review of a state agency, and the committee has approved the agency's desired outcomes and accompanying performance measures, the agency shall provide the committee with a report highlighting up to six of the performance measures that show the progress being made toward the desired outcomes. Thereafter, the The report shall be updated by the agency annually and submitted to the committee no later than November fifteenth. Each agency report shall include the source of the information and references to where legislators can obtain further information.

    Section 9. That § 2-6-39 be amended to read:

    2-6-39. The Legislative Research Council shall compile the reports provided pursuant to § 2-6-38, and distribute a compiled report to each member of the Legislative Planning Committee, the chair and vice chair of the Joint Committee on Appropriations, and the chair and vice chair of the Government Operations and Audit Committee. During the first week of the legislative session each year, members of the Legislative Planning Government Operations and Audit Committee shall present and review the compiled report with legislators in each legislative body. Individual reports may also be distributed to the chair of any standing committee of the Legislature as determined by the chair of the Legislative Planning Government Operations and Audit Committee.

    To ensure public accountability, the Legislative Research Council shall develop a website that contains the compiled report and the references where further information can be located.

    Section 10. That § 13-48A-7 be amended to read:

    13-48A-7. The Board of Regents and the Board of Education shall each provide to the Legislative Planning Government Operations and Audit Committee an annual accountability report as determined by the committee.

     Signed March 13, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\013.wpd


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\014.wpd
CHAPTER 14

(HB 1141)

A legislative task force
regarding the initiative and referendum process.


        ENTITLED, An Act to provide for a legislative task force to consider certain legislation proposed to revise provisions regarding the constitutional amendment, initiative and referendum process in South Dakota.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That the code be amended by adding a NEW SECTION to read:

    There is hereby established an Initiative and Referendum Task Force comprised of fifteen members to study possible changes to the process regarding constitutional amendments, initiated measures and referred laws. The task force shall consist of the following members:

            (1)    Three members of the House of Representatives to be appointed by the speaker of the House, two of whom to be members of the Republican party and one of whom to be a member of the Democrat party;

            (2)    Three members of the Senate to be appointed by the president pro tempore, two of whom to be members of the Republican party and one of whom to be a member of the Democrat party;

            (3)    The secretary of state, serving ex officio and without a vote;

            (4)    The attorney general, serving ex officio and without a vote;

            (5)    Two members to be appointed by the Governor. One member shall have a business background and one member shall have an agricultural background and no more than one member may be from the same political party;

            (6)    Two members of the Board of Elections to be appointed by the board and no more than one member may be from the same political party;

            (7)    One member to be appointed by the speaker of the House who is a faculty member of a political science department of a college or university in the state and is either registered as an independent or a member of a minority party;

            (8)    One member who is a representative of and to be appointed by the South Dakota Municipal League; and

            (9)    One member who is a representative of and to be appointed by the South Dakota Association of County Commissioners.

    If there is a vacancy on the task force, the vacancy shall be filled in the same manner as the original appointment under this Act.

    Section 2. That the code be amended by adding a NEW SECTION to read:

    The task force established pursuant to this Act shall study and evaluate the voter constitutional amendment, initiative and referendum process, legislation proposed during the Ninety-second Legislative Session of the South Dakota Legislature relating to the voter constitutional amendment, initiative and referendum process, and other proposals as they relate to the voter constitutional amendment, initiative and referendum process in South Dakota.

    Section 3. That the code be amended by adding a NEW SECTION to read:

    The task force shall report to the Legislature and the Governor before the beginning of the Ninety-third Legislative Session. The task force may present draft legislation and policy recommendations.

    Section 4. That the code be amended by adding a NEW SECTION to read:

    The task force shall be under the supervision of the Executive Board of the Legislative Research Council and staffed and funded as an interim legislative committee, not to exceed twenty-one thousand dollars.

     Signed March 10, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\014.wpd




Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\015.wpd
CHAPTER 15

(SB 63)

The postage administration fund
in the Legislative Research Council, eliminated.


        ENTITLED, An Act to eliminate the postage administration fund and deposit fees to the general fund.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 2-7-15.1 be amended to read:

    2-7-15.1. The Executive Board of the Legislative Research Council is authorized to may recover up to one-half of the printing costs of legislative bills and journals by establishing uniform fees for the distribution of legislative printed materials, to public agencies, lobbyists, and individuals. Fees for estimated mailing costs may also be charged for mailing printed materials. Fees collected may shall be deposited in a special fund within the state treasury, the proceeds of which shall be used to pay for printing and postage costs, or transferred to the state general fund.

    Section 2. That § 2-9-7.1 be amended to read:

    2-9-7.1. The Executive Board of the Legislative Research Council may establish charges based on actual costs for printing statutes from the computerized statutory data base. This authority does not include charging for copies of proposed rules. Receipts shall be deposited in the fund created by § 2-7-15.1 state general fund.

     Signed March 8, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\015.wpd


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\016.wpd
CHAPTER 16

(SB 77)

Fiscal note for any initiated measure or referred law.


        ENTITLED, An Act to provide for a fiscal note for any initiated measure, initiated amendment to the Constitution, or referred law that would have a fiscal impact on the state.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That the code be amended by adding a NEW SECTION to read:

    If the director of the Legislative Research Council determines in the review and comment under § 12-13-25 that any initiated measure or initiated amendment to the Constitution may have an impact on revenues, expenditures, or fiscal liability of the state or its agencies and subdivisions, the sponsor of the initiated measure or initiated amendment to the Constitution shall request a fiscal note from the director of the Legislative Research Council. No petition for any initiated measure or initiated amendment to the Constitution may be filed with the secretary of state pursuant § 2-1-1.1 or 2-1-1.2 before the director of the Legislative Research Council files a fiscal note, if any, pursuant to section 3 of this Act.

    Section 2. That the code be amended by adding a NEW SECTION to read:

    If any referred law had a fiscal note prepared by the director of the Legislative Research Council prior to passage of the law, the sponsor shall obtain the fiscal note from the Legislative Research Council website and attach the fiscal note to the petition filed pursuant to § 2-1-3.1. If the fiscal note exceeds fifty words, the sponsor shall request from the director of the Legislative Research Council a summary of the fiscal note that does not exceed fifty words and attach the fiscal note summary in lieu of the fiscal note to the petition filed pursuant to § 2-1-3.1. The director shall file the fiscal note summary with the sponsor within five days of receipt of the sponsor's request.

    Section 3. That the code be amended by adding a NEW SECTION to read:

    The director of the Legislative Research Council shall prepare any fiscal note requested pursuant to section 1 of this Act. The fiscal note shall include an estimate of the impact on revenues, expenditures, or fiscal liability of the state or its agencies and subdivisions by the provisions of the initiated measure or initiated amendment to the Constitution. The fiscal note may not exceed fifty words. The director shall file the fiscal note with the sponsor and the secretary of state within sixty days of the receipt of the sponsor's request.

    Section 4. That § 12-13-25 be amended to read:

    12-13-25. The sponsors of each initiative or initiated amendment to the Constitution shall submit a copy of the initiative or initiated amendment to the Constitution to the director of the Legislative Research Council for review and comment before it may be circulated for signatures. The director shall review each submitted initiative or initiated amendment to the Constitution to determine if the requirements of § 12-13-24 are satisfied and if the initiative or initiated amendment to the Constitution may have any impact on revenues, expenditures, or fiscal liability of the state or its agencies and subdivisions. Within fifteen days of receipt of an initiative or initiated amendment to the Constitution, the director shall provide written comments on the initiative or initiated amendment to the Constitution to the sponsors of the initiative or initiated amendment, the attorney general, and the secretary of state for the purpose of assisting the sponsors in complying with § 12-13-24. The sponsors may, but are not required to, amend the initiative or initiated amendment to the Constitution to comply with the director's comments.

    Section 5. That § 12-13-9 be amended to read:

    12-13-9. Before the third Tuesday in May, the attorney general shall deliver to the secretary of state an attorney general's statement for each amendment to the Constitution proposed by the Legislature, and any referred measure law from an odd year. The attorney general's statement for each referred measure law from an even year shall be delivered to the secretary of state before the second Tuesday in July. The attorney general's statement shall be written by the attorney general and shall consist of a title, an explanation, and a clear and simple recitation of the effect of a "Yes" or "No" vote. The title shall be a concise statement of the subject of the proposed amendment to the Constitution or referred measure authored by the attorney general law. The explanation shall be an objective, clear, and simple summary to educate the voters of the purpose and effect of the proposed amendment to the Constitution or the referred law. The attorney general shall include a description of the legal consequences of the proposed amendment to the Constitution or the referred law, including the likely exposure of the state to liability if the proposed amendment to the Constitution or the referred law is adopted. The explanation may not exceed two hundred words in length. On the printed ballots, the title shall be followed by the explanation and the explanation shall be followed, if applicable, by the fiscal impact statement any cost estimate prepared pursuant to § 2-1-20 or fiscal note prepared pursuant to section 3 of this Act and then followed by the recitation.

    Section 6. That § 12-13-25.1 be amended to read:

    12-13-25.1. Following receipt of the written comments of the director of the Legislative Research

Council, the sponsors shall submit a copy of the proposed initiative or initiated amendment to the Constitution in final form, to the attorney general. The attorney general shall prepare an attorney general's statement which that consists of a title and explanation. The title shall be a concise statement of the subject of the proposed initiative or initiated amendment to the Constitution. The explanation shall be an objective, clear, and simple summary to educate the voters of the purpose and effect of the proposed initiated measure initiative or initiated amendment to the Constitution. The attorney general shall include a description of the legal consequences of the proposed initiative or initiated amendment or initiated measure to the Constitution, including the likely exposure of the state to liability if the proposed initiative or initiated amendment or initiated measure to the Constitution is adopted. The explanation may not exceed two hundred words in length. The attorney general shall file the title and explanation with the secretary of state and shall provide a copy to the sponsors within sixty days of receipt of the proposed initiative or initiated amendment to the Constitution.

    If the petition is filed as set forth in §§ 2-1-1.1 and 2-1-1.2, the attorney general shall deliver to the secretary of state before the third Tuesday in May a simple recitation of a "Yes" or "No" vote. On the printed ballots, the title shall be followed by the explanation and the explanation shall be followed, if applicable, by the prison or jail population any cost estimate prepared pursuant to § 2-1-20 or fiscal note prepared pursuant to section 3 of this Act, and then followed by the recitation.

    Section 7. That § 2-1-1.1 be amended to read:

    2-1-1.1. The petition as it is to be circulated for an initiated constitutional amendment shall be filed with the secretary of state prior to circulation for signatures and shall:

            (1)    Contain the full text of the initiated constitutional amendment;

            (2)    Contain the date of the general election at which the initiated constitutional amendment is to be submitted;

            (3)    Contain the title and explanation as prepared by the attorney general;

            (4)    Be accompanied by a notarized affidavit form signed by each person who is a petition sponsor that includes the name and address of each petition sponsor; and

            (5)    Be accompanied by a statement of organization as provided in § 12-27-6.

    The petition circulator shall provide to each person who signs the petition a form containing the title and explanation of the initiated constitutional amendment as prepared by the attorney general; any fiscal note prepared pursuant to section 3 of this Act; the name, phone number, and email address of each petition sponsor; and a statement whether the petition circulator is a volunteer or paid petition circulator and, if a paid circulator, the amount the circulator is being paid. The form shall be approved by the secretary of state prior to circulation.

    For any initiated constitutional amendment petition, no signature may be obtained more than twenty-four months preceding the general election that was designated at the time of filing of the full text. The initiated constitutional amendment petition shall be filed with the secretary of state at least one year before the next general election. A notarized affidavit form, signed by at least two-thirds of the petition sponsors, stating that the documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the secretary of state. The form of the petition and affidavit shall be prescribed by the State Board of Elections.

    Section 8. That § 2-1-1.2 be amended to read:

    2-1-1.2. The petition as it is to be circulated for an initiated measure shall be filed with the

secretary of state prior to circulation for signatures and shall:

            (1)    Contain the full text of the initiated measure;

            (2)    Contain the date of the general election at which the initiated measure is to be submitted;

            (3)    Contain the title and explanation as prepared by the attorney general;

            (4)    Be accompanied by a notarized affidavit form signed by each person who is a petition sponsor that includes the name and address of each petition sponsor; and

            (5)    Be accompanied by a statement of organization as provided in § 12-27-6.

    The petition circulator shall provide to each person who signs the petition a form containing the title and explanation of the initiated measure as prepared by the attorney general; any fiscal note prepared pursuant to section 3 of this Act; the name, phone number, and email address of each petition sponsor; and a statement whether the petition circulator is a volunteer or paid petition circulator and, if a paid circulator, the amount the circulator is being paid. The form shall be approved by the secretary of state prior to circulation.

    For any initiated measure petition, no signature may be obtained more than twenty-four months preceding the general election that was designated at the time of filing of the full text. The initiated measure petition shall be filed with the secretary of state at least one year before the next general election. A notarized affidavit form, signed by at least two-thirds of the petition sponsors, stating that the documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the secretary of state. The form of the petition and affidavit shall be prescribed by the State Board of Elections.

    Section 9. That § 2-1-3.1 be amended to read:

    2-1-3.1. The petition as it is to be circulated for a referred law shall be filed with the secretary of state prior to circulation for signatures and shall:

            (1)    Contain the title of the referred law;

            (2)    Contain the effective date of the referred law;

            (3)    Contain the date of the general election at which the referred law is to be submitted;

            (4)    Be accompanied by a notarized form that includes the names and addresses of the petition sponsors; and

            (5)    Be accompanied by a statement of organization as provided in § 12-27-6.

    The petition shall be filed with the secretary of state within ninety days after the adjournment of the Legislature which passed the referred law. A sworn affidavit, signed by at least two-thirds of the petition sponsors, stating that the documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the secretary of state. The form of the petition and affidavit shall be prescribed by the State Board of Elections.

    The petition circulator shall provide to each person who signs the petition a form containing the title of the referred law; any fiscal note or summary of a fiscal note obtained pursuant to section 2 of this Act; the name, phone number, and email address of each petition sponsor; and a statement whether the petition circulator is a volunteer or paid petition circulator and, if a paid circulator, the amount the circulator is being paid. The form shall be approved by the secretary of state prior to

circulation.

     Signed March 8, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\016.wpd


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\017.wpd
CHAPTER 17

(HB 1001)

Prison or jail impact statements, requirements changed.


        ENTITLED, An Act to revise certain provisions regarding prison or jail population cost estimates.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 2-1-19 be amended to read:

    2-1-19. A prison or jail population cost estimate shall be attached to any bill, or amendment, or measure proposed by ballot initiative except misdemeanor penalties, that may impact the state prison or county jail population. A prison or jail population cost estimate shall be attached to any measure proposed by ballot initiative, except Class 2 misdemeanor penalties, that may impact the state prison or county jail population. A prison or jail population cost estimate shall be prepared for a bill or amendment with a Class 1 misdemeanor penalty only upon a request authorized by the rules of the Legislature. The requirement for a cost estimate includes each bill or, amendment, or ballot initiative that meets the penalty requirements of this section and that increases the period of imprisonment authorized for an existing crime, that adds a new crime for which imprisonment is authorized, that imposes a minimum or mandatory minimum term of imprisonment, or that modifies any law governing release of a prisoner from imprisonment or supervision.

    The sponsor of the legislation, amendment, or ballot initiative shall request and allow sufficient time to prepare a cost estimate from the Bureau of Finance and Management or the Legislative Research Council. The cost estimate shall be completed for a bill or amendment before the bill or amendment is considered by any standing committee of the Legislature. Any ballot initiative shall have a cost estimate attached to the Attorney General's statement required pursuant to § 12-13-9 or 12-13-25.1.

    Section 2. That § 2-1-20 be amended to read:

    2-1-20. A cost estimate pursuant to § 2-1-19 shall include the following:

            (1)    An analysis of the specific components of the bill or the ballot initiative that will impact the prison and jail population;

            (2)    The projected cost of the impact of the bill on the state prison system and the aggregate cost to county jails on an annual basis and cost of the bill over a ten year period; and

            (3)    Operational costs and capital costs including all manner of construction.

    Section 3. The Code Counsel shall transfer §§ 2-1-19 and 2-1-20 to chapter 2-9.

     Signed March 10, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\017.wpd




Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\018.wpd
CHAPTER 18

(SB 131)

Persons prohibited from lobbying after leaving office.


        ENTITLED, An Act to revise certain provisions concerning the period of time certain persons are prohibited from lobbying after leaving office.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That section 32 of HB 1069 as previously enacted by the Ninety-second Legislature be amended to read:

    Section 32. That § 2-12-8.2 be amended to read:

    2-12-8.2. No elected officer may, department or agency head, or division director, or the highest paid employee reporting to such person may be compensated, act, or register as a lobbyist, other than a public employee lobbyist, during a period of one year two years after the officer's that person's termination of service in the state government. A violation of this section is a Class 1 misdemeanor.

     Signed March 10, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\018.wpd


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\019.wpd
CHAPTER 19

(SB 74)

Elected members of federally recognized Indian tribe exempt
from requirement to register as lobbyists.


        ENTITLED, An Act to exempt the elected members of the governing board of any federally recognized Indian tribe from the requirement to register as lobbyists.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 2-12-13 be amended to read:

    2-12-13. This chapter does not apply to any elected member of the governing board of any unit of local government, nor or federally recognized Indian tribe. This chapter does not apply to any person representing a bona fide church solely for the purpose of protecting the public right to practice the religious doctrines of such the church.

    For the purposes of this section, the term, federally recognized Indian tribe, means the Cheyenne River Sioux Tribe, Crow Creek Sioux Tribe, Flandreau Santee Sioux Tribe, Lower Brule Sioux Tribe, Oglala Sioux Tribe, Rosebud Sioux Tribe, Sisseton Wahpeton Oyate, Standing Rock Sioux Tribe, and Yankton Sioux Tribe.

     Signed March 10, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\019.wpd




Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\020.wpd
CHAPTER 20

(HB 1073)

Gifts from registered lobbyists to public officials, regulated.


        ENTITLED, An Act to revise and repeal certain provisions regarding gifts from registered lobbyists to public officials.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 2-12 be amended by adding a NEW SECTION to read:

    Terms used in this Act mean:

            (1)    "Immediate family," the spouse or any minor children living at home;

            (2)    "Lobbyist," any person who is registered pursuant to § 2-12-1; and

            (3)    "Principal," any person or organization as defined in § 12-27-1 that employs or otherwise compensates a lobbyist or authorizes a lobbyist to lobby on behalf of that person or organization. A person's membership in or employment by an organization that employs or compensates a lobbyist does not qualify such person as a principal.

    Section 2. That chapter 2-12 be amended by adding a NEW SECTION to read:

    No public official and no member of the immediate family of a public official may accept from any lobbyist or principal any gifts with a cumulative value greater than one hundred dollars during any calendar year. Beginning on January 1, 2019, and again on January first of each year thereafter, the cumulative value applicable in this section shall be adjusted by the index factor as provided in section 5 of this Act, and the adjusted cumulative value for the year shall be published on the secretary of state's website. Any person who knowingly and intentionally violates any provision of this section is guilty of a Class 1 misdemeanor.

    Section 3. That chapter 2-12 be amended by adding a NEW SECTION to read:

    For purposes of this Act, the term, public official, means:

            (1)    Any person holding a statewide office as defined in § 12-27-1, including any person who has been elected or appointed but who has not yet assumed office;

            (2)    Any head of an agency in the executive branch, including any person who has been appointed but who has not yet assumed office; or

            (3)    Any member or member-elect of the Legislature.

    Section 4. That chapter 2-12 be amended by adding a NEW SECTION to read:

    For purposes of this Act, the term, gift, means anything of value, including any object, money, property, or service, that is given without compensation or remuneration. The term does not include:

            (1)    Anything of value for which the recipient paid an equal or greater value;

            (2)    Any contribution to a political committee that is regulated by the Federal Elections

Commission or under chapter 12-27;

            (3)    Any service or event to assist a public official in the performance of official duties, including any cost to educate or inform the public official on matters of public policy; any advice, information, consultation, or communication regarding actual or proposed legislation; any service to constituents or to promote the economic development of the state;

            (4)    Any food, entertainment, or beverage provided for immediate consumption;

            (5)    Anything of value exchanged between immediate family members;

            (6)    The cost of admission to any state-owned facility or state-sponsored industry or event, if provided by the sponsoring state agency, political subdivision, or publicly funded institution;

            (7)    Anything of value received due to membership in a group, the majority of whose membership is not comprised of public officials, if the object or other thing of value is also given to other members of that group or to other members who also serve as officers or directors of that group; or

            (8)    Any scholarship, prize, or financial support awarded or supported by a principal for a program related to education, and widely available and generally awarded to qualifying members of the public, the majority of whom are not comprised of public officials or the immediate family of public officials.

    Section 5. That chapter 2-12 be amended by adding a NEW SECTION to read:

    For the purposes of this Act, the index factor is the annual percentage change in the consumer price index for urban wage earners and clerical workers as published by the United States Department of Labor for the year before the year immediately preceding the year of adjustment.

    Section 6. That § 12-27-46 be repealed.

     Signed March 10, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\020.wpd


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\021.wpd
CHAPTER 21

(SB 8)

Legislation enacted in 2016 codified.


        ENTITLED, An Act to codify legislation enacted in 2016.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 2-16-13 be amended to read:

    2-16-13. The official code of laws of the State of South Dakota, which may be referred to as the code, consists of all the statutes of a general and permanent nature contained in:

            (1)    The 2004 revision of volume 1;

            (2)    The 2012 revision of volume 2;

            (3)    The 2013 revision of volume 3;

            (4)    The 2004 revision of volume 4;

            (5)    The 2004 revision of volume 5;

            (6)    The 2004 revision of volume 6;

            (7)    The 2010 revision of volume 7;

            (8)    The 2004 revision of volume 8;

            (9)    The 2004 revision of volume 9;

            (10)    The 2014 revision of volume 10;

            (11)    The 2014 revision of volume 10A;

            (12)    The 2014 revision of volume 11;

            (13)    The 2004 2016 revision of volume 12;

            (14)    The 2004 revision of volume 13;

            (15)    The 2006 revision of volume 14;

            (16)    The 2004 2016 revision of volume 15;

            (17)    The 2013 revision of volume 16;

            (18)    The 2004 2016 revision of volume 17;

            (19)    The 2004 revision of volume 18;

            (20)    The 2011 revision of volume 19;

            (21)    The 2011 revision of volume 19A;

            (22)    The 2011 revision of volume 20;

            (23)    The 2013 revision of volume 21;

            (24)    The 2015 revision of volume 22;

            (25)    The 2015 revision of volume 22A;

            (26)    The 2004 revision of volume 23;

            (27)    The 2004 revision of volume 24;

            (28)    The 2004 revision of volume 25;

            (29)    The 2004 revision of volume 26;

            (30)    The 2007 revision of volume 27;

            (31)    The 2004 revision of volume 28;

            (32)    The 2004 revision of volume 29;

            (33)    The 2012 revision of volume 30;

            (34)    The 2012 revision of volume 31;

            (35)    The 2004 revision of volume 32;

            (36)    The 2004 revision of volume 33;

            (37)    The 2015 revision of volume 34;

            (38)    The 2004 revision of the Parallel Tables volume;

            (39)    The December 2015 2016 Interim Annotation Service of the South Dakota Codified Laws beginning with Title 1, chapter 1-1 and ending with Title 62, chapter 62-9; and

            (40)    The 2015 2016 cumulative annual pocket parts and supplementary pamphlet.

    Section 2. That § 2-16-15 be amended to read:

    2-16-15. No provision of the code enacted by § 2-16-13, as to which any action or proceeding, civil or criminal, has been commenced prior to July 1, 2016 2017, to determine whether or not such provision was constitutionally enacted, is validated by the enactment of this code.

    The enactment of the code:

            (1)    Does not affect the validity of any transaction;

            (2)    Does not impair the curative or legalizing effect of any statute; and

            (3)    Does not release or extinguish any penalty, confiscation, forfeiture, or liability; which accrued, occurred, or took effect prior to the time the code took effect.

    Section 3. That § 2-16-16 be amended to read:

    2-16-16. All statutes, other than this code, enacted at the 2016 2017 session of the Legislature shall be deemed to have been enacted subsequently to the enactment of this code. If any such statute repeals, amends, contravenes, or is inconsistent with the provisions of this code, the provisions of the statute shall prevail. Any enactment in the 2016 2017 session of the Legislature which that cites South Dakota Codified Laws for the purpose of amendment or repeal, shall be construed as having reference to the code enacted by § 2-16-13.

     Signed February 1, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\021.wpd




Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\022.wpd
CHAPTER 22

(SB 171)

The Government Accountability Task Force established.


        ENTITLED, An Act to establish the Government Accountability Task Force to study campaign finance and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That the code be amended by adding a NEW SECTION to read:

    There is hereby established the Government Accountability Task Force to examine the issues of campaign finance and to review current related statutory protections and recent legislative changes; and to propose potential legislation to the Ninety-third Legislature. The task force shall consist of the following members:

            (1)    The president pro tempore of the Senate shall appoint two members of the Senate;

            (2)    The speaker of the House of Representatives shall appoint two members of the House of Representatives;

            (3)    The minority leader of the Senate shall appoint two members of the Senate;

            (4)    The minority leader of the House of Representatives shall appoint two members of the House of Representatives;

            (5)    The Governor shall appoint one member;

            (6)    The secretary of state shall appoint one member who has significant experience related to working with campaign finance; and

            (7)    The attorney general shall appoint one member.

    Each member shall be a registered voter of the state as of November 8, 2016, and shall currently reside in the state.

    Section 2. That the code be amended by adding a NEW SECTION to read:

    The initial appointments shall be made no later than May 1, 2017. Each appointee shall serve until December 31, 2017. If there is a vacancy on the task force, the vacancy shall be filled in the same manner as the original appointment.

    Section 3. That the code be amended by adding a NEW SECTION to read:

    The task force shall be under the supervision of the Executive Board of the Legislative Research Council and staffed and funded as an interim legislative committee. The Executive Board shall designate the chair and vice chair of the task force.

    Section 4. Expenses incurred by the task force authorize pursuant to this Act shall be paid from the legislative priority pilot program contingency fund.

    Section 5. This Act is repealed on December 31, 2017.



    Section 6. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

     Signed March 14, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\022.wpd

PUBLIC OFFICERS AND EMPLOYEES

_______________


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\023.wpd
CHAPTER 23

(HB 1165)

Updated financial interest statements.


        ENTITLED, An Act to provide for annually updated financial interest statements for any person elected to statewide or local office.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 3-1A-2 be amended to read:

    3-1A-2. Persons assuming Any person who assumes the Office of Governor, lieutenant governor, state treasurer, attorney general, secretary of state, state auditor, commissioner of school and public lands, Public Utilities Commissioner, Supreme Court justice, circuit court judge, and or state legislator shall, within not more than fifteen days thereafter, after the person assumes office and then not later than the first day of January of every year the person continues to hold the office, file a statement of financial interest setting forth any additions and or corrections, if any, to their any previous statement of financial interest filed pursuant to § 12-25-28 or 12-25-29.

    Section 2. That § 3-1A-4 be amended to read:

    3-1A-4. Each Any person assuming who assumes the office of a county commissioner, school board member of a school district with a total enrollment of more than two thousand students, or commissioner, councilman, or mayor in municipalities of the first class, shall within, not more than fifteen days thereafter after the person assumes office and then not later than the first day of January of every year the person continues to hold the office, file a statement of financial interest setting forth the any additions and or corrections to the any previous statement of financial interest filed pursuant to § 12-25-30, if any.

    Section 3. That § 12-25-28 be amended to read:

    12-25-28. All candidates Any candidate for the United States Senate, the United States House of Representatives, Governor, circuit court judge, and or the State Legislature shall file a statement of financial interest with the secretary of state within not more than fifteen days after filing the candidate's nominating petitions. A Any Supreme Court justice shall file a statement of financial interest with the secretary of state within not more than fifteen days of notifying following notice to the secretary of state of his the justice's intention to place his the justice's name on the retention ballot. A violation of this section is a petty offense. An Any intentional violation of this section is a Class 2 misdemeanor.


    Section 4. That § 12-25-29 be amended to read:

    12-25-29. All candidates Any candidate for lieutenant governor, state treasurer, attorney general, secretary of state, state auditor, public utilities commissioner, and or commissioner of school and public lands shall file a statement of financial interest with the secretary of state within not more than fifteen days after their nominations have been the candidate's nomination is certified. A violation of this section is a petty offense. An Any intentional violation of this section is a Class 2 misdemeanor.

    Section 5. That § 12-25-30 be amended to read:

    12-25-30. Each Any candidate for county commissioner, school board member in a school district with a total enrollment of more than two thousand students, or commissioner, council member, or mayor in any first class municipality, shall file a statement of financial interest with the office at which the candidate's nominating petitions are filed within not more than fifteen days after filing such the candidate's nominating petitions or, if otherwise nominated, within not more than fifteen days after such the candidate's nomination is certified. A Any violation of this section is a petty offense. An intentional violation of this section is a Class 2 misdemeanor.

    Section 6. That § 12-25-27 be amended to read:

    12-25-27. Terms as used in §§ 12-25-27 to 12-25-31, inclusive, unless the context otherwise requires, this chapter mean:

            (1)    "Any member of his the individual's immediate family," a spouse or minor children living at home;

            (2)    "Close economic interest," any enterprise that, in the calendar year preceding the filing of a any statement of financial interest under any of §§ 12-25-28 to 12-25-30, inclusive, this chapter, contributes either more than ten percent of or more than two thousand dollars, to the gross income of the family which shall include, including the individual required to file the statement and any member of his the individual's immediate family, or an. The term also includes any enterprise in which such the individual or any member of his the individual's immediate family control controls more than ten percent of the capital or stock;

            (3)    "Enterprise," any business or economic relationship;

            (4)    "Statement of financial interest," a description of the type of financial activity and the nature of the association with the any enterprise as provided in subdivision (1) of defined in this section.

    Section 7. That § 3-1A-1 be amended to read:

    3-1A-1. Terms used in this chapter mean:

            (1)    "Any member of his or her the individual's immediate family," a spouse or minor children living at home;

            (2)    "Close economic interest," any enterprise that, in the calendar year preceding the filing of a any statement of financial interest under this chapter, contributes either more than ten percent of or more than two thousand dollars, to the gross income of the family which includes, including the individual required to file the statement and any member of his or her the individual's immediate family, or an. The term also includes any enterprise in which the individual or any member of his or her the individual's immediate family control controls more than ten percent of the capital or stock;

            (3)    "Enterprise," any business or economic relationship;

            (4)    "Statement of financial interest," a description of the type of financial activity and the nature of the association with the any enterprise as provided in subdivision (1) of defined in this section.

     Signed March 10, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\023.wpd


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\024.wpd
CHAPTER 24

(HB 1033)

Background checks for individuals
with access to confidential information.


        ENTITLED, An Act to authorize criminal background checks for certain executive branch employees and state contractors and subcontractors.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 3-6C be amended by adding a NEW SECTION to read:

    Each current or new executive branch employee, whose duties include access to confidential information obtained from the United States Internal Revenue Service or from an authorized secondary source, shall submit to and successfully pass a state and federal criminal background investigation. The employee shall submit to a fingerprint check by the Division of Criminal Investigation and the Federal Bureau of Investigation before being granted access to any confidential information. The appointing authority shall submit the completed fingerprint card to the Division of Criminal Investigation. In addition to the initial criminal background investigation, each employee shall submit to a criminal background investigation every ten years thereafter. The human resources commissioner may promulgate rules, pursuant to chapter 1-26, to establish policies for exempt employees concerning the procedure for submitting fingerprints and completing the criminal background investigation. The commission may promulgate rules, pursuant to chapter 1-26, to establish policies for civil service employees concerning the procedure for submitting fingerprints and completing the criminal background investigation.

    The appointing authority may pay any fee charged for the cost of fingerprinting or the criminal background investigation for any person whose employment is subject to the requirements of this section.

    Section 2. That the code be amended by adding a NEW SECTION to read:

    The state shall notify each current or prospective contractor or subcontractor that the awarding of a contract with the state has granted or will grant access to confidential information obtained from the United States Internal Revenue Service or an authorized secondary source. Each person who is granted access to the confidential information as a result of entering into a contract with the state shall submit to and successfully pass a state and federal criminal background investigation. The contractor or subcontractor shall submit to a fingerprint check by the Division of Criminal Investigation and the Federal Bureau of Investigation before being granted access to any confidential information. The appointing authority shall submit the completed fingerprint card to the Division of Criminal Investigation.

    Each contract entered into by the state where access to confidential information obtained from

the United States Internal Revenue Service or from an authorized secondary source is granted to a contractor or a subcontractor shall include terms regarding which party is responsible for payment of any fee charged for the cost of fingerprinting or the criminal background investigation and regarding the potential event that a disqualifying record is discovered through the background investigation process.

     Signed February 9, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\024.wpd


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\025.wpd
CHAPTER 25

(HB 1052)

Protections for public employees who report violations of law.


        ENTITLED, An Act to provide certain protections for public employees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That the code be amended by adding a NEW SECTION to read:

    No department, bureau, board, or commission of the state or any of its political subdivisions may dismiss, suspend from employment, demote, decrease the compensation of, or take any other retaliatory action against an employee because the employee reports in good faith to an appropriate authority a violation or suspected violation of a law or rule, an abuse of funds or abuse of authority, or substantial and specific danger to public health or safety, unless the report is specifically prohibited by law. The provisions of this section do not apply to any employee who knows the report is false or was made in a reckless disregard for the truth. A state employee who is the subject of retaliation under this section may file a grievance with the Civil Service Commission pursuant to § 3-6D-22. For purposes of an employee of a political subdivision, an appropriate authority includes any human resources department of that political subdivision, if any, any state's attorney, or the attorney general.

     Signed March 10, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\025.wpd


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\026.wpd
CHAPTER 26

(HB 1039)

Board of Finance, rule-making authority clarified.


        ENTITLED, An Act to authorize certain rule making authority for the State Board of Finance.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 3-9-1 be amended to read:

    3-9-1. The State Board of Finance, on On or before the first of July each year, shall prescribe the State Board of Finance may promulgate rules, pursuant to chapter 1-26, to fix a rate per mile which shall be paid to those operating privately owned automobiles and vehicles on state business. Any person using a privately owned automobile or motorcycle shall be reimbursed at the same rate per

mile. However, if no state vehicle is equipped for the transportation of a person with special needs, a different rate per mile may be established. The rate may be changed during a fiscal year with the prior approval of the Legislative Interim Appropriations Committee. The state auditor shall issue warrants covering vehicle expenses at the rate specified by the State Board of Finance upon the sworn statement of the party using the vehicle.

    Section 2. That chapter 3-9 be amended by adding a NEW SECTION to read:

    The State Board of Finance may promulgate rules, pursuant to chapter 1-26, to establish amounts that may be allowed for lodging, meals, and per diem pursuant to the provisions of §§ 3-9-2, 3-9-2.1, and 3-9-2.2.

     Signed February 9, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\026.wpd


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\027.wpd
CHAPTER 27

(HB 1016)

South Dakota Retirement System benefit revisions.


        ENTITLED, An Act to revise the methodology for calculating the cost of living adjustment for South Dakota Retirement System benefits, to revise reporting conditions, and to provide uniform terminology.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 3-12 be amended by adding a NEW SECTION to read:

    The term, COLA or cost of living adjustment, means the annual increase in the amount of the benefit provided on July first, compounded annually. However, no annual increase may be provided unless the member has received benefit payments for at least the consecutive, twelve-month period before July first. The COLA payable is the baseline COLA or the restricted COLA, as applicable. The baseline COLA is equal to the increase in the consumer price index, but no less than one-half percent and no greater than three and one-half percent. The restricted COLA is equal to the increase in the consumer price index, but no less than one-half percent and no greater than the restricted COLA maximum as determined in subdivision (2) of this section. The board shall establish the COLA payable for each fiscal year, based on the fair value funded ratio and actuarially determined contribution rate of the system as of the prior July first and the increase in the consumer price index for the preceding third calendar quarter compared to the consumer price index for the third calendar quarter for the base year (the previous year in which the consumer price index was the highest), by utilizing one of the following subdivisions, as applicable:

            (1)    If the system meets the criteria in subdivisions 3-12-122(1) and (2) based on the baseline COLA assumption adopted by the board, the COLA payable is the baseline COLA; or

            (2)    If the system does not meet the criteria in subdivisions 3-12-122(1) and (2) based on the baseline COLA assumption adopted by the board, the system shall calculate a restricted COLA maximum in accordance with the board's funding policy that is equal to the actuarially determined annual COLA rate that results in the criteria in subdivisions 3-12-122(1) and (2) being satisfied, if achievable. The COLA payable is the restricted COLA. If the criteria in subdivisions 3-12-122(1) and (2) cannot be satisfied with a COLA equal to or exceeding one-half percent, the COLA payable is one-half percent.

    Section 2. That § 3-12-122 be amended to read:

    3-12-122. The board shall review the funding of the system and shall make a report to the Governor and the Retirement Laws Committee if any the funding of the system does not meet both of the following conditions exist as of the latest annual actuarial valuation of the system:

            (1)    The contributions do not equal the actuarial requirement for funding fair value funded ratio is greater than or equal to one hundred percent; and

            (2)    The funded ratio is less than eighty percent, or a ratio based on the fair value of assets is less than eighty percent; or

            (3)    The fair value of assets is less than ninety percent of the actuarial value of assets contribution rate meets or exceeds the actuarially determined contribution rate including an amortization of the difference, positive or negative, between the actuarial accrued liability and the fair value of assets according to the board's funding policy.

    The report shall include an analysis of the conditions and recommendations for the circumstances and timing for any benefit changes, contribution changes, or any other corrective action, or any combination of actions, to improve the conditions in subdivisions (1) and (2). Based on this report and the recommendations of the board, the Legislature may adopt benefit changes, contribution changes, or any other corrective action, or any combination of actions, to improve the conditions set out in this section in subdivisions (1) and (2).

    If any of the conditions set out in this section exist for a period of three consecutive annual actuarial valuations, the board shall recommend benefit changes, contribution changes, or any other corrective action, or any combination of actions, for approval by the Legislature and the Governor, effective as soon as possible, to improve the conditions set out in this section.

    Eligibility for benefits, the amount of any benefit, and the rate of member contributions established in this chapter are not the contractual rights of any member and are subject to change by the Legislature for purposes of corrective action to improve the conditions established in this section in subdivisions (1) and (2).

    Section 3. That chapter 3-12 be amended by adding a NEW SECTION to read:

    At the beginning of each legislative session, the board shall provide the Governor and the Legislature with an annual report of the funded status of the system for the fiscal year that ended the previous June thirtieth.

    Section 4. That subdivision (71) of § 3-12-47 be amended to read:

            (71)    "Projected compensation," a deceased or disabled member's final average compensation multiplied by the improvement factor COLA commencing each July first for each complete twelve-month period elapsed between the date of the member's death or disability, whichever occurred earlier, and the date the member would attain normal retirement age;

    Section 5. That § 3-12-47.4 be amended to read:

    3-12-47.4. Application of prorated payment of the improvement factor COLA applies only to benefits which were first payable after July 1, 1998, but prior to before July 1, 2010.

    Section 6. That § 3-12-47.5 be amended to read:

    3-12-47.5. For the purposes of this chapter, the term, actuarial equivalent, is a benefit of equal

value, computed on the basis of the interest rate, mortality, and improvement factor baseline COLA assumptions adopted by the board for purposes of the actuarial valuation. If the board adopts a select and ultimate rate of interest, the interest rate is the ultimate rate. Mortality is based on a unisex rate that is fifty percent male and fifty percent female for employees and beneficiaries, based on the mortality rates for retired employees and beneficiaries, including, if the board adopts a generational mortality table, projection of mortality improvement to the year specified by the board based on the member's and beneficiary's ages as of the date of the calculation and projected generationally after that year. Separate improvement factor assumptions shall be made for foundation and generational members. The system shall make the interest rate, mortality, and improvement factor baseline COLA assumptions public.

    Section 7. That § 3-12-58 be amended to read:

    3-12-58. The Board of Trustees may adopt such promulgate rules as may be necessary to establish uniform procedures for the administration of the system and to insure uniformity of application of the provisions of this chapter. Such rules Rules may be adopted in the following areas:

            (1)    Membership and class of membership;

            (2)    Contributions and the collection thereof of contributions;

            (3)    Criteria and procedures for the determination of applications for, and payment of disability allowances benefits;

            (4)    Procedure for applications for benefits and the payment of benefits;

            (5)    Election of trustees; and

            (6)    Procedure for the conduct of meetings of the board.

    The rules shall be adopted promulgated pursuant to chapter 1-26 and shall be in accordance with the provisions of this chapter.

    Section 8. That § 3-12-62.3 be amended to read:

    3-12-62.3. Upon retirement, each employee described in § 3-12-62.2 shall receive the greater of:

            (1)    His The member's retirement allowance benefit calculated under this chapter; or

            (2)    The retirement allowance benefit calculated under the municipality of Rapid City firemen pension fund based on credited service up to June 30, 1982, and compensation up to June 30, 1982.

The normal retirement age of each such employee shall be is fifty-five.

    Section 9. That § 3-12-62.11 be amended to read:

    3-12-62.11. Each individual described in § 3-12-62.10 shall receive the same benefit under the form of annuity provided by the city of Watertown firemen pension fund in effect on June 30, 1995, which benefit shall be improved increased on July 1, 1995, and thereafter in accordance with § 3-12-88. The benefits of individuals described in § 3-12-62.10 who are entitled to receive benefits from the city of Watertown firemen pension fund as of July 1, 1995, shall be paid from the fund established by this chapter and funded pursuant to §§ 3-12-62.12 and 3-12-62.13.

    Firemen Firefighters who are not retired on July 1, 1994, shall be are guaranteed a minimum benefit equal to the accrued benefit under the city of Watertown firemen pension fund as of July 1,

1994. If the minimum benefit is paid in lieu of a benefit under chapter 3-12, the minimum benefit may not be improved increased annually as provided in § 3-12-88 and the member is not entitled to benefits pursuant to § 3-12-94 or subdivision 3-12-95(4).

    Section 10. That § 3-12-75 be amended to read:

    3-12-75. A terminated member who has a vested right in the system may leave the member's accumulated contributions on deposit with the system and receive a retirement allowance benefit commencing at the member's retirement. In calculating such allowance benefit, the member's final average compensation shall be increased by the improvement factor COLA commencing each July first for each complete twelve-month period between the member's last termination and the date on which the member's retirement allowance benefit commences.

    Section 11. That § 3-12-82 be amended to read:

    3-12-82. If less than three years of contributory service or noncontributory service is acquired after a retired member's reentry into covered employment, the member upon subsequent retirement shall receive a refund of the member's accumulated contributions.

    If three years or more of contributory service or noncontributory service are is acquired after a retired member's reentry into covered employment, the member upon subsequent retirement may receive either a refund of the member's accumulated contributions or an additional allowance benefit based upon the member's credited service and final compensation earned during such reentry. Only the member's credited service from the subsequent employment shall be taken into account in calculating a reduction pursuant to § 3-12-106, if any, in the member's additional allowance benefit. In addition, the annual increase applied to the original allowance benefit pursuant to § 3-12-88 shall be eliminated for the period of reemployment, unless the member retired as a Class B member other than a justice, judge, or magistrate judge and subsequently reentered covered employment as a Class A member.

    The provisions of this section apply to any member who retired without any reduction in benefits pursuant to § 3-12-106 and who reenters covered employment after June 30, 2004, but before April 1, 2010.

    Section 12. That § 3-12-88 be amended to read:

    3-12-88. All benefits except those depending on the member's contribution balance shall be annually increased by the improvement factor COLA. However, the annual increase shall be eliminated for any period of time that a retired member reenters covered employment in the system, unless the member retired as a Class B member other than a justice, judge, or magistrate judge and subsequently has reentered covered employment as a Class A member, or unless the member retired without a benefit suspension pursuant to § 3-12-111 and then reentered active status prior to before July 1, 2004. Such elimination shall cease when the member again retires and draws either a refund or an additional retirement allowance benefit.

    Section 13. That § 3-12-92.6 be amended to read:

    3-12-92.6. Each member who retired prior to before July 1, 2008, and each beneficiary of a deceased member who retired prior to July 1, 2008, shall receive a retirement allowance benefit based on the provisions of § 3-12-91, 3-12-92, or 3-12-92.4 as applicable based on the member's final average compensation, credited service, and other public benefits at retirement and the benefit formulas in §§ 3-12-91, 3-12-92, and 3-12-92.4 when improved increased by the improvement factor COLA from the date of retirement to July 1, 2008.

    Increased benefits as provided by any amendment to this section are prospective in nature and are effective July 1, 2008.

    Each member or beneficiary of a member who retired prior to before July 1, 1974, who is receiving benefits pursuant to § 3-12-126 or each member or beneficiary of a member who elected to retire pursuant to § 3-12-127, shall have a benefit increased by an additional 2.0% two percent as of July 1, 2008, in lieu of the increase provided in this section.

    If a member retired prior to before normal retirement age, the allowance benefit shall be adjusted in accordance with the law in effect at the time of retirement. If a member elected an alternate method of payment under the law in effect at the time of retirement, the allowance benefit shall be adjusted in accordance with the law in effect at the time of retirement. If the additional allowance benefit is to be paid to a beneficiary of a deceased member, the additional allowance benefit shall be adjusted in accordance with the law in effect at the time of the member's retirement.

    No member or beneficiary whose retirement allowance benefit terminated prior to before July 1, 2008, may receive any benefits pursuant to this section.

    Section 14. That § 3-12-95 be amended to read:

    3-12-95. On the death of a contributing member prior to before July 1, 2015, and prior to before the earlier of the member attaining normal retirement age or the member's retirement, who has one or more years of contributory service; or if there has been a break in the member's employment of more than one year, one-half year of contributory service having been performed after the end of the last such break; or if the member was receiving a disability benefit which commenced after July 1, 1974, and was based on an application received by the system prior to before July 1, 2015, the following benefits shall be paid:

            (1)    A surviving spouse having the care of children shall receive an annual amount, payable in monthly installments, equal to forty percent of the member's final average compensation, plus ten percent of such final average compensation for each child to a maximum of six such children;

            (2)    The conservator or custodian of each child, on whose account there is no benefit payable under subdivision (1), shall receive on behalf of each child, to a maximum of five such children, an annual amount, payable in monthly installments, equal to twenty percent of the member's final average compensation;

            (3)    If the sum of benefits payable under subdivisions (1) and (2) exceeds one hundred percent of the member's final average compensation, the benefits payable under both subdivisions (1) and (2) shall be proportionally reduced so that the total of the benefits is equal to one hundred percent of the member's final average compensation; and

            (4)    If there are no benefits being paid under subdivision (1) and the member's accumulated contributions have not been withdrawn pursuant to § 3-12-97, the spouse who has reached age sixty-five shall receive a monthly payment equal to sixty percent of the amount which would have been payable to the deceased member at normal retirement age based on the member's credited and projected service and, projected compensation, and projected primary social security. The benefit payable under this subdivision shall be increased by application of the improvement factor COLA commencing each July first for each complete twelve-month period between the date the member would have reached normal retirement age and the date benefits commence to the spouse.

    Family benefits begin to accrue on the first day of the month following the death of the member.

    Section 15. That § 3-12-95.5 be amended to read:

    3-12-95.5. If no family benefit is being paid pursuant to § 3-12-95.4, a surviving spouse of a contributing foundation member who had acquired at least three years of contributory service or

noncontributory service or died while performing usual duties for the employer and who died after June 30, 2015, shall, upon attaining the age of sixty-five, receive a surviving spouse benefit calculated as follows, whichever is applicable:

            (1)    If a family benefit had been paid, sixty percent of the family benefit paid at the time the family benefit ended, increased by the improvement factor COLA from the date the last family benefit was paid; or

            (2)    If a family benefit had not been paid, sixty percent of the amount calculated pursuant to subsection (a) or (b), whichever is greater, increased by the improvement factor COLA from the date of the member's death:

            (a)    Twenty-five percent of the member's final average compensation at the time of the member's death; or

            (b)    The member's unreduced accrued retirement benefit at the time of the member's death.

    The surviving spouse benefit shall be paid in monthly installments for the life of the surviving spouse.

    Section 16. That § 3-12-104.1 be amended to read:

    3-12-104.1. The additional survivor protection option granted under § 3-12-104 is hereby extended to all current contributing members of the system for a period of three months commencing October 1, 1990, and ending December 31, 1990. In no event may the additional survivor protection be made available to a terminated vested member or to a member receiving a retirement allowance benefit from the system. However, the additional survivor protection option may not be so extended again at any time after June 30, 2004.

    Section 17. That § 3-12-105 be amended to read:

    3-12-105. The additional survivor protection payable under § 3-12-104, on the death of the member or expiration of benefits that may have been paid pursuant to subdivision 3-12-95(1) because there is no eligible child, entitles the surviving spouse of the member to an annual amount, payable in monthly installments, equal to forty percent of the member's final average compensation, multiplied by the improvement factor COLA for each full twelve-month period between the earlier of the date of death or disability of the member and the date the payment of the benefit is due to commence. The additional survivor protection allowance benefit shall continue until the surviving spouse dies or attains age sixty-five, whichever is earlier.

    Section 18. That § 3-12-108 be amended to read:

    3-12-108. The Board of Trustees may provide under its rules and regulations for a modified monthly allowance benefit to a member or beneficiary in lieu of the monthly benefit allowances payable under any provision of this chapter, provided that such allowance if the benefit is not greater than the actuarial equivalent of the allowance benefit due him the member or beneficiary under this chapter. Any such request must be made in writing on the form prescribed by and filed with the board prior to before the date of the first payment of the unmodified allowance benefit. An election of a modified form of payment is effective only after the date of acceptance by the board and may not be modified or revoked after that date without the further consent of the board.

    Section 19. That § 3-12-110 be amended to read:

    3-12-110. After all benefits currently or potentially payable under any provision of this chapter have terminated, if the aggregate benefits paid to a member and the member's surviving spouse and

minor children, including any distribution of the member's variable retirement account, are less than the member's accumulated contributions, the amount by which the accumulated contributions exceed total payments made to date shall be paid in a lump sum as provided in this section.

    Amounts payable under this section shall be paid as follows:

            (1)    To the beneficiary or entity designated by the member, if any is designated;

            (2)    If no beneficiary or entity is designated, then to the member's surviving spouse;

            (3)    If no beneficiary or entity is designated and there is no surviving spouse, then to all surviving children, irrespective of age, on a share-alike basis; or

            (4)    If no beneficiary or entity is designated, there is no surviving spouse, and there are no surviving children, then to the member's estate.

    If no claim for payment due upon the death of a deceased member is made within three years from date of death, the payment shall revert to the system. However, a claim may be honored after the expiration of the three-year reversion period if, in the opinion of the administrator executive director, payment of the claim is warranted by exceptional circumstances.

    Section 20. That § 3-12-111 be amended to read:

    3-12-111. If a retired member whose benefits have been reduced pursuant to § 3-12-106 becomes employed as a permanent full-time employee by a participating unit prior to before July 1, 2004, the payment of the member's retirement allowance benefit, including the annual increase pursuant to § 3-12-88, shall be suspended during such the period of reemployment. If the member remains in such reemployment for at least three years pursuant to the provisions of § 3-12-82 and then again retires, the member's additional allowance benefit shall be recalculated to consider only the member's credited service and final compensation earned during reentry.

    Section 21. That § 3-12-111.1 be amended to read:

    3-12-111.1. If a retired member whose benefits have been reduced pursuant to § 3-12-106 becomes employed as a permanent full-time employee by a participating unit on or after July 1, 2004, but prior to before April 1, 2010, the payment of the member's retirement allowance benefit shall be suspended during the period of reemployment. If the member remains in reemployment for at least three years pursuant to the provisions of § 3-12-82, the member upon subsequent retirement shall receive an additional allowance benefit based upon the member's credited service and final average compensation earned during the reentry. Only the member's credited service from the subsequent employment shall be taken into account in calculating a reduction pursuant to § 3-12-106, if any, in the member's additional allowance benefit. If the member remains in reemployment for a period of less than three years, the member upon subsequent retirement shall receive a refund of the member's accumulated contributions. In addition, no No matter the duration of the member's reemployment, the annual increase applied to the original allowance benefit pursuant to § 3-12-88 shall be eliminated for the period of reemployment.

    Section 22. That § 3-12-112 be amended to read:

    3-12-112. A member in the system may claim the benefits provided for in this chapter only in the form of a monthly benefit payment and only after such time as these benefits are payable. Unless otherwise specifically provided, there shall be no circumstances which shall allow a no member or a former member of the system may receive a lump-sum cash payment in lieu of the normal retirement allowance benefit.

    Section 23. That § 3-12-123 be amended to read:



    3-12-123. It is the intent of the Legislature of the State of South Dakota to provide improved increased benefits for the already retired members of the retirement systems consolidated into the South Dakota Retirement System created by this chapter and to provide the financial resources necessary to adequately pay for the improved increased benefits.

    Section 24. That § 3-12-124 be amended to read:

    3-12-124. Any retired members of the Supreme and Circuit Court Judicial Retirement System, district county court and municipal court judges retirement program District County Court and Municipal Court Judges Retirement Program, South Dakota Teachers Retirement System, South Dakota Municipal Retirement System, South Dakota Law Enforcement Retirement System, South Dakota Public Employees Retirement System and State Cement Plant Retirement Program as of June 30, 1974, who were receiving or eligible to receive a retirement allowance benefit shall be entitled to an increased monthly annuity benefit commencing with the payment due on or after July 1, 1974, equal to the greater of:

            (1)    One hundred ten percent of the annuity he benefit the member was entitled to on June 30, 1974, under the retirement system of from which he is a the member retired member,; or

            (2)    Ten dollars times the years of credited contributory service or fraction thereof, under the retirement system of from which he is a the member retired member, to a maximum of one hundred dollars.

    The time, manner, and form of payment of the retirement allowance is benefit are not modified by the change in benefits provided by this section.

    Section 25. That § 3-12-125 be amended to read:

    3-12-125. The amount calculated under subdivision 3-12-124(2) will be adjusted to its actuarial equivalent if the retired member had elected an optional form of payment other than the normal form provided by the retirement system of from which he is a the member retired member, or if the age of a retired member is less than the normal retirement age necessary for receiving a normal retirement allowance benefit as provided by the retirement system of from which he is a the member retired member.

    Section 26. That § 3-12-134 be amended to read:

    3-12-134. Each individual described in § 3-12-133 shall receive the same benefit provided by the municipality of Aberdeen firemen's relief and pension fund on June 30, 1994, and the benefit shall be improved increased on July 1, 1994, and thereafter in accordance with § 3-12-88. The benefits of the individuals described in § 3-12-133 who are entitled to receive benefits from the municipality of Aberdeen firemen's relief and pension fund as of July 1, 1994, shall be paid from the fund established by this chapter.

    Section 27. That § 3-12-143 be amended to read:

    3-12-143. For the first thirty-six months of a disability benefit provided by § 3-12-99, the maximum amount that a member may receive in any calendar year from the disability benefit and earned income, as defined in § 32(c)(2) of the Internal Revenue Code, is one hundred percent of the member's final average compensation. Starting with the thirty-seventh month of the disability benefit, the maximum amount that a member may receive in any calendar year from disability benefits provided by the federal Social Security Act equal to the primary insurance amount, the disability benefit provided by this chapter and earned income, as defined in § 32(c)(2) of the Internal Revenue Code, is one hundred percent of the member's final average compensation. The maximum amount shall be indexed for each full fiscal year during which the member is eligible for such disability benefit by the improvement factor COLA. Any amount exceeding this maximum amount

shall reduce each monthly disability benefit payable pursuant to § 3-12-99 in the following fiscal year on a pro rata basis.

    Any member eligible to receive a disability benefit shall report to the system in writing any earned income of the member. The report shall be filed with the system before June first following the end of each calendar year in which a disability benefit is paid. A disabled member may file a signed copy of the member's individual income tax return in lieu of the report. No report or return need be filed for the calendar year the member dies or converts to a normal or early retirement benefit under this chapter. The disability benefit of any member failing to file a report or return as required in this section shall be suspended until the report or return is filed. The reduction may occur, however, only if a disability benefit is being paid by the system, but may not reduce the disability benefit below the minimum provided for in § 3-12-99.

    This section applies to any member receiving or entitled to receive a disability benefit pursuant to § 3-12-98.

    Section 28. That § 3-12-154 be amended to read:

    3-12-154. Each retired member or benefit recipient described in § 3-12-153 shall receive the same benefit under the form of annuity provided by the City city of Mitchell firemen's pension plan as in effect on June 30, 1996, except for the improvement factor COLA. Each benefit shall be improved increased on July 1, 2008, and thereafter by the system's improvement factor COLA. The benefits of members described in § 3-12-153 who are entitled to receive benefits from the city of Mitchell firemen's pension plan as of July 1, 1996, shall be paid from the fund established by this chapter.

    Section 29. That § 3-12-155 be amended to read:

    3-12-155. Upon retirement, each member described in § 3-12-153 who is a vested inactive member on July 1, 1996, or an active firefighter in the employ of the city of Mitchell on July 1, 1996, shall receive the greater of:

            (1)    The member's retirement allowance benefit calculated under this chapter; or

            (2)    The member's retirement allowance benefit calculated under the city of Mitchell firemen's pension plan based on credited service up to June 30, 1996, and compensation up to June 30, 1996, and utilizing the plan's benefit terms and benefit formula, but applying the system's improvement factor COLA, as specified in § 3-12-154.

    In either case, the retirement allowance benefit shall be paid from the fund established by this chapter.

    Section 30. That § 3-12-160 be amended to read:

    3-12-160. Each retired member, any benefit recipient, or any deferred vested member described in § 3-12-159 and in such status prior to before July 1, 1998, shall receive the member's previously selected annuity option as provided under the city of Huron firemen pension fund as in effect on June 30, 1998, but is not eligible for a benefit pursuant to § 3-12-94. Each such benefit in effect prior to before July 1, 1998, shall be improved increased on that date and thereafter in accordance with § 3-12-88. The retirement benefit of a deferred vested member that goes into effect after July 1, 1998, shall be improved increased in accordance with § 3-12-88, but the member's final average compensation may not be increased prior to before retirement by the improvement factor COLA pursuant to § 3-12-75. The benefits of members described in § 3-12-159 who are entitled to receive benefits from the city of Huron firemen pension fund prior to before July 1, 1998, shall be paid from the fund established by this chapter and funded pursuant to § 3-12-162.


    Section 31. That § 3-12-161 be amended to read:

    3-12-161. Upon retirement, each member described in § 3-12-159 who is an active firefighter in the employ of the city of Huron on July 1, 1998, shall receive the greater of:

            (1)    The member's retirement allowance benefit calculated under this chapter; or

            (2)    The member's retirement allowance benefit calculated under the city of Huron firemen pension fund based on credited service up to June 30, 1998, and compensation up to June 30, 1998, and utilizing the fund's benefit terms and benefit formula.

    In either case, such retirement benefit shall be improved increased in accordance with the provisions of § 3-12-88, shall be paid from the fund established by this chapter and shall be funded pursuant to §§ 3-12-162 and § 3-12-71. Any allowance benefit granted pursuant to subdivision (2) may not include a benefit pursuant to § 3-12-94.

    Section 32. That § 3-12-193 be amended to read:

    3-12-193. A supplemental pension participant shall receive an annual increase in the amount of the participant's supplemental pension benefit for each year commencing on the July first following the date on which the benefit was first payable, and equal to the improvement factor COLA applicable to the participant. If a supplemental pension contract goes into effect before July 1, 2010, and if the first annual increase is for a period of less than twelve months, the initial increase shall be prorated. If a supplemental pension contract goes into effect after June 30, 2010, there shall be no initial prorated annual increase for a period of less than twelve months.

    Section 33. That § 3-12-212 be amended to read:

    3-12-212. Upon retirement, a member who received disability benefits pursuant to § 3-12-207 and whose benefits were terminated and who returned to covered employment shall receive a retirement benefit based on the member's credited service prior to before receiving disability benefits and after receiving disability benefits. The final average compensation used in the calculation of the retirement benefit is the greater of:

            (1)    The member's final average compensation at the date of retirement; or

            (2)    The member's final average compensation at the date of disability, increased by the improvement factor COLA from the date of the termination of disability benefits to the date of retirement.

    Section 34. That § 3-12-213 be amended to read:

    3-12-213. Upon retirement, a member who received disability benefits pursuant to § 3-12-207 and whose benefits were terminated and who did not return to covered employment shall receive a retirement benefit based on the member's credited service prior to before receiving disability benefits. The final average compensation used in the calculation of the retirement benefit shall be the final average compensation at the date of disability, increased by the improvement factor COLA from the date of the termination of disability benefits to the date of retirement.

    Section 35. That § 3-12-215 be amended to read:

    3-12-215. If no family benefit is being paid pursuant to § 3-12-214, a surviving spouse of a foundation member who received disability benefits pursuant to § 3-12-207 shall, upon attaining the age of sixty-five, receive a monthly benefit, payable for the life of the surviving spouse, equal to one of the following calculations, whichever is applicable:


            (1)    If there was a family benefit paid, sixty percent of the family benefit paid at the time the family benefit ended, increased by the improvement factor COLA from the date the last family benefit was paid; or

            (2)    If there was no family benefit paid, sixty percent of the deceased member's disability benefit paid at the time of the member's death, increased by the improvement factor COLA from the date of the member's death.

    Section 36. That § 3-12-516 be amended to read:

    3-12-516. If no family benefit is being paid pursuant to § 3-12-95.4, a surviving spouse of a contributing generational member who had acquired at least three years of contributory service or noncontributory service or died while performing usual duties for the employer or died while receiving a disability benefit, shall, upon attaining the age sixty-seven, receive a surviving spouse benefit as follows:

            (1)    If a family benefit had been paid, sixty percent of the family benefit paid at the time the family benefit ended, increased by the improvement factor COLA from the date the last family benefit was paid; or

            (2)    If a family benefit had not been paid, sixty percent of the amount calculated pursuant to subsection (a) or (b), whichever is greater, increased by the improvement factor COLA from the date of the member's death:

            (a)    Twenty-five percent of the member's final average compensation at the time of the member's death; or

            (b)    The member's unreduced accrued retirement benefit at the time of the member's death.

    The surviving spouse benefit shall be paid in monthly installments for the life of the surviving spouse.

    Section 37. That § 3-12-89.5 be repealed.

    Section 38. That § 3-12-503 be repealed.

    Section 39. That ARSD 62:01:04:05.01 be amended to read:

    62:01:04:05.01...Termination of disability allowance benefit _ Credited service. If a member receiving a disability allowance benefit ceases to be disabled, elects to convert to a retirement benefit, or is converted to a retirement benefit pursuant to SDCL 3-12-103, the disability allowance benefit shall terminate. The member shall receive credited service for the period during which the member receives a disability allowance benefit, but, except as provided in SDCL 3-12-103, not beyond the member's normal retirement age.

    Section 40. That ARSD 62:01:04:05.02 be amended to read:

    62:01:04:05.02...Credited service as employee while disabled. No member who is receiving a disability allowance benefit and who simultaneously is making contributions to the system may receive more than one year of credited service in any actual year. If the member was contributing for class Class B credited service immediately prior to before approval of a disability allowance benefit and then is contributing to the system for class Class A credited service while on disability, the member shall be credited with class Class B credited service through the member's class Class B normal retirement age and class Class A credited service for any period that contributions are made after class Class B normal retirement age.

    Section 41. That ARSD 62:01:04:07 be amended to read:

    62:01:04:07...Participating unit _ Filing upon return to service. A participating unit employing a member who is receiving a disability allowance benefit shall file notice with the system designating the date the member returns to work.

    Section 42. That ARSD 62:01:04:09 be amended to read:

    62:01:04:09...Criteria for determining disability if contributory service ended prior to before July 1, 1995 _ Position of comparable level. An applicant whose contributory service ends prior to July 1, 1995, shall be granted a disability allowance benefit only if the applicant establishes the following by a preponderance of evidence:

    (1)  The applicant has a mental or physical impairment which has been diagnosed by a licensed physician;

    (2)  At the time of termination of the applicant's employment, the impairment was of sufficient severity to prevent the applicant from continuing to perform usual duties for the applicant's employer;

    (3)  At the time of termination of the applicant's employment, the impairment was of sufficient severity to prevent the applicant from performing the duties of a position of comparable level for which the applicant is qualified by education, training, and experience; and

    (4)  At the time of termination of the applicant's employment, the disability was expected to last at least one year.

    Evidence that the applicant could actually secure a position of comparable level or that such a position is actually available is not required to support a finding that an applicant is capable of performing the duties of such a position.

    Section 43. That ARSD 62:01:04:09.01 be amended to read:

    62:01:04:09.01...Criteria for determining disability if contributory service ended after July 1, 1995 _ Certification by employer. An applicant whose contributory service ends on or after July 1, 1995, shall be granted a disability allowance benefit only if the applicant establishes subdivisions (1), (2), and (4), below, by a preponderance of evidence, and provides subdivision (3), below:

    (1)  The applicant has a mental or physical impairment which has been diagnosed by a licensed physician;

    (2)  At the time of termination of the applicant's employment, the impairment was of sufficient severity to prevent the applicant from continuing to perform usual duties for the applicant's employer;

    (3)  At the time of termination of the applicant's employment, the impairment was of sufficient severity to prevent the applicant from performing the usual duties of the applicant's position, the usual duties of the applicant's position with accommodations by the employer, or the usual duties of a position of comparable level with the applicant's employer, all as so certified by the employer; and

    (4)  At the time of termination of the applicant's employment, the disability was expected to last at least one year.

    In providing certification pursuant to subdivision (3), above, an employer shall consider the

applicant's education, experience, training, work history, impairment, location of residence, and compensation and benefits in relation to positions of possible comparable level.

    Section 44. That ARSD 62:01:04:10 be amended to read:

    62:01:04:10...Member receiving a disability allowance benefit if service ended prior to before July 1, 1994. For purposes of this chapter, a member is considered to be receiving a disability allowance benefit if the applicant's application for the allowance benefit has been approved, whether SDCL 3-12-101 prevents the member from receiving any payment from the system. The provisions of this section apply only if the member's contributory service ended prior to before July 1, 1994.

    Section 45. That ARSD 62:01:08:03 be amended to read:

    62:01:08:03...Applicability of limits. If a member has been credited with less than 10 years of credited service, the maximum annual retirement allowance benefit shall be reduced by multiplying the maximum annual pension by a fraction, the numerator of which is the number of the member's years of credited service and the denominator of which is 10.

    The limits in §.62:01:08:01 apply to a straight life annuity with no ancillary benefits and to an annuity that constitutes a qualified joint and survivor annuity, provided payment begins between ages 62 and 65. The limits, however, do not apply to any portion of a benefit resulting from required member contributions made on an after-tax basis. If payment begins before age 62, the limits shall be reduced so that they are actuarially equivalent to such a benefit beginning at age 62. For police or fire fighters who are members of the system, the limit may not be reduced for retirement before age 62, regardless of retirement age, provided that the member has completed at least 15 years of credited service. If payment begins after age 65, the limit is the actuarial equivalent of a $160,000 annual benefit, as indexed pursuant to §.415(d)(1) of the Internal Revenue Code, commencing at age 65. The interest assumption for purposes of determining actuarial equivalency under this section is the interest rate otherwise used for purposes of computing optional forms of income payable under the system, but the rate may not be less than 5 percent annually if benefits begin before age 62 and may not exceed 5 percent annually if benefits begin after age 65.

    Section 46. That ARSD 62:01:09:02 be amended to read:

    62:01:09:02...System may pay a single monthly payment. The system may pay the participant's monthly supplemental pension benefit and the participant's monthly retirement allowance benefit in a single payment. However, for all other purposes, each shall be regarded as a separate benefit, including provision of a separate Internal Revenue Service Form 1009-R for each by the system.

    Section 47. That ARSD 62:01:09:06 be amended to read:

    62:01:09:06...Participant's status as a retiree. For purposes of this chapter, a member of the system who has received payment of at least one monthly retirement allowance benefit is a retiree, even if the member has returned to employment with a member unit, either with or without suspension of the retirement allowance benefit.

    Section 48. The Code Commission and the Code Counsel shall substitute the term, benefit, for the term, allowance, in the chapter titles of ARSD 62:01:03 and 62:01:04.

     Signed February 9, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\027.wpd




Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\028.wpd
CHAPTER 28

(HB 1017)

South Dakota Retirement system's
improved definition for compensation.


        ENTITLED, An Act to revise the definition of compensation for purposes of the South Dakota Retirement System, to provide a penalty for falsely reporting compensation, and to update references to the Internal Revenue Code.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 3-12-47.6 be amended to read:

    3-12-47.6. For the purposes of this chapter, the term, compensation, means gross wages paid to a member by the employer for personal services credited service rendered during the period considered as credited service for which the payment was earned. Compensation includes amounts any amount reported as wages, tips, and other compensation on the member's federal form W-2 wage and tax statement, except as otherwise excluded in this section; the any amount of member contributions made by an employer after June 30, 1984, pursuant to § 3-12-71; any amount contributed by a member to a member's individual retirement plan which that meets the requirements of section 125, 401, 403, 408, or 457 of the Internal Revenue Code; and any amount contributed to a plan described in section 125 of the Internal Revenue Code; and any amount contributed to the system pursuant to § 3-12-83.2 in accord with § 414(h)(2) of the Internal Revenue Code.

    Compensation does not include any allowance, payment, or reimbursement for travel, meals, lodging, moving, uniforms, or any other expenses expense that is incidental to an employer's business which is employment and paid or reimbursed by the employer; any lump sum payments payment for sick leave; any lump sum payments payment for annual leave; payments any payment for, or in lieu of, insurance coverage of any kind or any other employee benefit paid by an employer directly to a member or directly to a third party on behalf of an employee or an employee and dependents a member or a member and any dependent; any allowance or payment for housing or vehicles; any temporary payment paid as a lump sum or over a period of time that is not due to additional duties; any amount paid in a one-time lump sum payment or over a period of time and based on or attributable to retirement or an agreement to retire in the future; payments or results in an incentive to retire; any payment made upon dismissal or severance; any worker's compensation payments payment; and payments any payment contingent on a member terminating employment at a specified time in the future paid or payable in a lump sum or over a period of time.

    Any compensation in excess of the limits established in § 401(a)(17) of the Internal Revenue Code shall be disregarded for purposes of contributions or for benefit calculations under the system. However, the limit does not apply to compensation earned by a member if the member was employed by a participating unit before July 1, 1996.

    Section 2. That § 3-12-47.6 be amended to read:

    3-12-47.6. For the purposes of this chapter, the term, compensation, means gross wages paid to a member by the employer for personal services credited service rendered during the period considered as credited service for which the payment was earned. Compensation includes amounts any amount reported as wages, tips, and other compensation on the member's federal form W-2 wage and tax statement, except as otherwise excluded in this section; the any amount of member contributions made by an employer after June 30, 1984, pursuant to § 3-12-71; any amount contributed by a member to a member's individual retirement plan which that meets the requirements

of section 125, 401, 403, 408, or 457 of the Internal Revenue Code; and any amount contributed to a plan described in section 125 of the Internal Revenue Code; and any amount contributed to the system pursuant to § 3-12-83.2 in accord with § 414(h)(2) of the Internal Revenue Code.

    Compensation does not include any allowance, payment, or reimbursement for travel, meals, lodging, moving, uniforms, or any other expenses expense that is incidental to an employer's business which is employment and paid or reimbursed by the employer; any lump sum payments payment for sick leave; any lump sum payments payment for annual leave; payments any payment for, or in lieu of, insurance coverage of any kind or any other employee benefit paid by an employer directly to a member or directly to a third party on behalf of an employee or an employee and dependents a member or a member and any dependent; any allowance or payment for housing or vehicles; any temporary payment paid as a lump sum or over a period of time that is not due to additional duties; any amount paid in a one-time lump sum payment or over a period of time and based on or attributable to retirement or an agreement to retire in the future; payments or results in an incentive to retire; any payment made upon dismissal or severance; any worker's compensation payments payment; and payments any payment contingent on a member terminating employment at a specified time in the future paid or payable in a lump sum or over a period of time.

    Any compensation in excess of the limits established in § 401(a)(17) of the Internal Revenue Code shall be disregarded for purposes of contributions or for benefit calculations under the system. However, the limit does not apply to compensation earned by a member if the member was employed by a participating unit before July 1, 1996.

    Section 3. That chapter 3-12 be amended by adding a NEW SECTION to read:

    Any compensation in excess of the limits established in § 401(a)(17) of the Internal Revenue Code shall be disregarded for purposes of contributions and benefit calculations under the system. Any benefit calculations for members subject to the limits established in § 401(a)(17) of the Internal Revenue Code but for whom the limitation on compensation did not apply before January 1, 2018, shall be based on unlimited compensation for credited service before January 1, 2018, and limited compensation for credited service as of January 1, 2018.

    Section 4. The provisions of sections 2 and 3 of this Act are effective on January 1, 2018.

    Section 5. That chapter 3-12 be amended by adding a NEW SECTION to read:

    Any person or employer who transmits a report of compensation to the system knowing that some or all of the compensation is excluded by § 3-12-47.6, is guilty of a Class 1 misdemeanor.

    Section 6. That subdivision (50) of § 3-12-47 be amended to read:

            (50)    "Internal Revenue Code," or "code," the Internal Revenue Code as in effect as of January 1, 2016 2017;


     Signed February 9, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\028.wpd




Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\029.wpd
CHAPTER 29

(HB 1018)

South Dakota Retirement System
computation of final average salary changed.


        ENTITLED, An Act to revise the computation of final average compensation for benefits relating to the South Dakota Retirement System.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 3-12-89.4 be amended to read:

    3-12-89.4. For any foundation member whose contributory service concluded before July 1, 2021, the term, final average compensation, means the highest average annual compensation earned by a member during any period of twelve consecutive calendar quarters during the member's last forty calendar quarters of membership in the system including time during which the member was not a member but for which the member has received credit under the system. If the compensation received in the last calendar quarter considered exceeds a set percentage of the amount in the highest previous calendar quarter, or if the average compensation received in the last four calendar quarters exceeds a set percentage of the amount earned in the highest calendar quarter prior to the last four calendar quarters considered, only the lesser amount shall be considered and the excess shall be excluded in the computation of final average compensation. Those respective set percentages are as follows:

            (1)    Before July 1, 2004, one hundred twenty-five percent and one hundred fifteen percent;

            (2)    Between July 1, 2004, and June 30, 2005, one hundred fifteen and one hundred ten percent; and

            (3)    After June 30, 2005, one hundred five percent and one hundred five percent.

    For purposes of determining final average compensation if periods of contributory service are separated by breaks, any service earned from covered employment may be aggregated to constitute a period of twelve consecutive calendar quarters. For any member who has less than twelve but more than four calendar quarters of membership in the system, the member's final average compensation shall be based on the compensation received in all quarters of membership. For any member who has four calendar quarters of membership or less, the member's final average compensation shall be based on the member's annual compensation.

    Section 2. That chapter 3-12 be amended by adding a NEW SECTION to read:

    For any foundation member whose contributory service concluded after June 30, 2021, and before July 1, 2022, the term, final average compensation, means the highest average annual compensation earned by a member during any period of sixteen consecutive calendar quarters during the member's last forty calendar quarters of membership in the system, including time during which the member was not a member but for which the member has received credit under the system.

    For any foundation member whose contributory service concluded after June 30, 2022, the term, final average compensation, means the highest average annual compensation earned by a member during any period of twenty consecutive calendar quarters during the member's last forty calendar quarters of membership in the system, including time during which the member was not a member but for which the member has received credit under the system.

    For purposes of determining final average compensation if periods of contributory service are separated by breaks, any service earned from covered employment may be aggregated to constitute a period of consecutive calendar quarters.

    For any member who has less than the number of calendar quarters of membership considered in the computation of the member's final average compensation, but more than four, the member's final average compensation shall be based on the compensation received in all quarters of membership. For any member who has four calendar quarters of membership or less, the member's final average compensation shall be based on the member's annual compensation.

    Section 3. That chapter 3-12 be amended by adding a NEW SECTION to read:

    For any foundation member whose contributory service concluded before July 1, 2020, if the compensation received in the last calendar quarter considered exceeds a set percentage of the amount in the highest previous calendar quarter, or if the average compensation received in the last four calendar quarters considered exceeds a set percentage of the amount earned in the highest calendar quarter prior to the last four calendar quarters considered, only the lesser amount shall be considered and the excess may not be included in the computation of final average compensation. Those respective set percentages are as follows:

            (1)    Before July 1, 2004, one hundred twenty-five percent and one hundred fifteen percent;

            (2)    Between July 1, 2004, and June 30, 2005, one hundred fifteen percent and one hundred ten percent; and

            (3)    After June 30, 2005, one hundred five percent and one hundred five percent.

    Section 4. That chapter 3-12 be amended by adding a NEW SECTION to read:

    For purposes of this section, the term, compensation year, means each separate, mutually exclusive period of four consecutive calendar quarters considered in the computation of final average compensation. The earliest compensation year is the earliest four consecutive calendar quarters considered in the computation of final average compensation, and each subsequent compensation year is the subsequent period of four consecutive calendar quarters beginning after the earliest compensation year and continuing with each compensation year thereafter.

    For any foundation member whose contributory service concluded after June 30, 2020, compensation is limited as follows:

            (1)    Compensation in the earliest compensation year is limited to one hundred five percent of the highest compensation received for any prior four-consecutive-calendar-quarter period during the member's last forty calendar quarters of membership in the system, including time during which the member was not a member but for which the member has received credit under the system; and

            (2)    Compensation for each subsequent compensation year is limited to one hundred five percent of the highest compensation considered for any prior compensation year, but the amount may not be less than the limit applied in subdivision (1).

    Compensation in excess of the limited amount may not be included in the computation of final average compensation but is payable pursuant to section 7 of this Act.

    If the earliest compensation year includes one or more quarters from the earliest four consecutive calendar quarters in the member's last forty quarters of membership in the system, that compensation year may not be limited.

    Compensation in the last calendar quarter considered in the computation of final average compensation is limited to one hundred five percent of the highest compensation considered for any prior calendar quarter during the member's last forty calendar quarters of membership in the system.

    The final average compensation of any foundation member whose contributory service concluded before July 1, 2022, may not be less than the member's final average compensation computed as of June 30, 2017.

    Section 5. That § 3-12-502 be amended to read:

    3-12-502. For any generational member, the term, final average compensation, means the highest average annual compensation earned by a member during any period of twenty consecutive calendar quarters during the member's last forty calendar quarters of membership in the system. If the compensation received in the last calendar quarter considered exceeds one hundred five percent of the amount in the highest previous calendar quarter, or if the average compensation received in the last four calendar quarters exceeds one hundred five percent of the amount earned in the highest calendar quarter prior to the last four calendar quarters considered, only the lesser amount shall be considered and the excess shall be excluded in the computation of final average compensation.

    For purposes of determining final average compensation if periods of contributory service are separated by breaks, any service earned from covered employment may be aggregated to constitute a period of twenty consecutive calendar quarters.

    For any member who has less than twenty but more than four calendar quarters of membership in the system, the member's final average compensation shall be based on the compensation received in all quarters of membership. For any member who has four calendar quarters of membership or less, the member's final average compensation shall be based on the member's annual compensation.

    Section 6. That chapter 3-12 be amended by adding a NEW SECTION to read:

    For purposes of this section, the term, compensation year, means each separate, mutually exclusive period of four consecutive calendar quarters considered in the computation of final average compensation. The earliest compensation year is the earliest four consecutive calendar quarters considered in the computation of final average compensation and each subsequent compensation year is the subsequent period of four consecutive calendar quarters beginning after the earliest compensation year and continuing with each compensation year thereafter.

    For any generational member, compensation is limited as follows:

            (1)    Compensation in the earliest compensation year is limited to one hundred five percent of the highest compensation received for any prior four-consecutive-calendar-quarter period during the member's last forty calendar quarters of membership in the system, including time during which the member was not a member but for which the member has received credit under the system;

            (2)    Compensation for each subsequent compensation year is limited to one hundred five percent of the highest compensation considered for any prior compensation year, but the amount may not be less than the limit applied in subdivision (1).

    Compensation in excess of the limited amount may not be included in the computation of final average compensation but is payable pursuant to section 7 of this Act.

    If the earliest compensation year includes one or more quarters from the earliest four consecutive calendar quarters in the member's last forty quarters of membership in the system, that compensation year may not be limited.

    Compensation in the last calendar quarter considered in the computation of final average compensation is limited to one hundred five percent of the highest compensation considered for any prior calendar quarter during the member's last forty calendar quarters of membership in the system.

    Section 7. That chapter 3-12 be amended by adding a NEW SECTION to read:

    For purposes of this section, the term, excess contributions, means the employer and member contributions on compensation not included in the computation of final average compensation pursuant to sections 4 and 6 of this Act.

    The excess contributions plus the credited investment return on the excess contributions are payable at the retirement, disability, or death of the member. The credited investment return, which shall be credited annually as of June thirtieth, is the South Dakota Investment Council's reported money-weighted investment return of the system, net of fees, for the completed fiscal year. Any excess contributions made during the fiscal year shall receive one-half year's credited investment return for that year. For any account distributed during the fiscal year, the estimated investment return shall be credited to the end of the month before the date on which the retirement benefit is paid or the disability benefit is paid or death occurred, as applicable.

    The excess contributions plus credited investment return are payable to the member when the member commences a retirement benefit or a disability benefit or to the member's eligible child, eligible spouse, or beneficiary upon the death of the member. The amount is not payable to any member who withdraws his or her accumulated contributions from the system. For the purpose of paying a distribution, the amount payable is the total of excess contributions plus credited investment return or the total of excess contributions, whichever is greater. The amount may be paid in a lump sum, rolled over to the South Dakota deferred compensation plan, rolled over to another eligible plan, or used to purchase a supplemental pension benefit. However, the purchase of a supplemental pension benefit is only available upon the member's retirement.

     Signed February 9, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\029.wpd


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\030.wpd
CHAPTER 30

(HB 1019)

South Dakota Retirement System
executive director salary adjustment.


        ENTITLED, An Act to revise certain provisions relating to the salary of the executive director of the South Dakota Retirement System.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 3-12-55 be amended to read:

    3-12-55. The board shall appoint an executive director, qualified by training and experience, to serve at the pleasure of the board. The annual board may adjust the salary of the executive director may be adjusted annually by the same rate appropriated as the across-the-board increase to base salaries of state employees under the General Appropriations Act in accordance with the state employee salary policy as enacted by the Legislature in each corresponding year.

    Before May first of each year, the The board shall may recommend any additional a salary adjustment above the across-the-board increase for the executive director for the upcoming fiscal

year. This salary adjustment is not effective unless that is in addition to the state employee salary policy. Any such adjustment shall be recommended before July first and is effective for the upcoming fiscal year if approved by a majority vote of the members of the Retirement Laws Committee. The executive director may hire additional employees as may be required to transact the business of the retirement system and shall fix the remuneration for such services. The board shall require the bonding of the executive director in an amount set by the board which shall be included under the state employees' blanket bond. The premium may be charged to the fund.

     Signed February 9, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\030.wpd


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\031.wpd
CHAPTER 31

(HB 1170)

Conflicts of interest for authority, board, or
commission members, revised.


        ENTITLED, An Act to revise certain provisions regarding conflicts of interest for authority, board, or commission members.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 3-23 be amended by adding a NEW SECTION to read:

    Terms used in this chapter mean:

            (1)    "Board member," an elected or appointed member of the governing board;

            (2)    "Cooperative education service unit," a legal entity created pursuant to §§ 13-5-31 through 13-5-33, inclusive, including subcontractors, agents or assigns of the cooperative education service unit;

            (3)    "Disgorgement," the act of giving up on demand or by legal compulsion something that was obtained by illegal or unethical acts;

            (4)    "Education service agency," an agency created pursuant to § 13-3-76;

            (5)    "Local service agency," an entity created pursuant to § 13-15A-1; and

            (6)     "School district," a school district as defined in § 13-5-1.

    Section 2. That § 3-23-1 be amended to read:

    3-23-1. No elected or appointed member of a state authority, board, or commission may have an interest in any contract or derive a direct benefit from any contract with the state which is within the jurisdiction or relates to the subject matter of the state authority, board or commission or with a political subdivision of the state if the political subdivision administers or executes similar subject matter programs as the state authority, board or commission, nor may the member have an interest in any contract or derive a direct benefit from any contract for one year after the end of the member's term on the authority, board, or commission except as provided in §§ 3-23-3 and 3-23-4:

            (1)    With the state agency to which the authority, board, or commission is attached for reporting or oversight purposes that requires the expenditure of government funds;

            (2)    With the state that requires the approval of the authority, board, or commission and the expenditure of government funds; or

            (3)    With a political subdivision of the state if the political subdivision approves the contract and is under the regulatory oversight of the authority, board, or commission, or the agency to which the authority, board, or commission is attached for reporting or oversight purposes.

    No elected or appointed member of a state authority, board, or commission may derive a direct benefit from any contract as provided under this section for one year after the end of the member's term on the authority, board, or commission, except as provided in § 3-23-3 or 3-23-4.

    Section 3. That § 3-23-2 be amended to read:

    3-23-2. An elected or appointed member of an a state authority, board, or commission derives a direct benefit from a contract if the state authority, board, or commission member, the authority, board, or commission member's spouse, or any other persons the authority, board, or commission person with whom the member lives with and or commingles assets:

            (1)    Is a party to or intended beneficiary of the contract;

            (2)    Has more than a five percent ownership or other interest in an entity that is a party to the contract;

            (2)    Derives income, compensation, or commission directly from the contract or from the entity that is a party to the contract;

            (3)    Acquires property under the contract; or

            (4)    Serves on the board of directors of an entity that derives income or commission directly from the contract or acquires property under the contract.

    An authority, board, or commission member does not derive a direct benefit from a contract based solely on the value associated with the authority, board, or commission member's investments or holdings, or the investments or holdings of other persons the authority, board, or commission member lives with and commingles assets. A member of an authority, board, or commission does not have an interest in a contract nor does the member receive a direct benefit by participating in a vote or a decision where the member's only interest is the effect of an act of general application Will receive from the contracting party compensation, commission, promotion, or other monetary benefit that is directly attributable to the contract.

    Section 4. That chapter 3-23 be amended by adding a NEW SECTION to read:

    An elected or appointed member of a state authority, board, or commission has an interest in a contract if the member, the member's spouse, or any other person with whom the member lives or commingles assets:

            (1)    Is employed by a party to the contract; or

            (2)    Receives more than nominal compensation or reimbursement for actual expenses for serving on the board of directors of an entity that derives income or commission directly from the contract or acquires property under the contract.

    Section 5. That chapter 3-23 be amended by adding a NEW SECTION to read:

    A state authority, board, or commission member does not derive a direct benefit from or have

an interest in a contract:

            (1)    Based solely on the value associated with the member's publicly-traded investments or holdings, or the investments or holdings of any other person with whom the member lives or commingles assets;

            (2)    By participating in a vote or a decision in which the member's only interest arises from an act of general application;

            (3)    If the member is a state employee and is authorized to enter into the contract pursuant to §§ 5-18A-17 through 5-18A-17.6, inclusive;

            (4)    If the contract is for the sale of goods, or for maintenance or repair services, in the regular course of business at or below a price offered to all customers;

            (5)    If the contract is subject to a public bidding process; or

            (6)    If the contract is for the deposit of public funds in a financial institution as otherwise authorized by law.

    Section 6. That § 3-23-3 be amended to read:

    3-23-3. Any elected or appointed state authority, board, or commission may authorize an authority, board, or commission member to have an interest in a contract or to derive a direct benefit from a contract if:

            (1)    The authority, board, or commission member has provided full written disclosure to the authority, board, or commission, including:

            (a)    All parties to the contract;

            (b)    The member's role in the contract;

            (c)    The purpose and objective of the contract;

            (d)    The consideration or benefit conferred or agreed to be conferred upon each party; and

            (e)    The duration of the contract;

            (2)    The authority, board, or commission has reviewed the essential terms of the transaction or contract and the authority, board, or commission member's role in the contract or transaction finds that the terms of the contract are fair, reasonable, and not contrary to the public interest; and

            (3)    The transaction and the terms of the contract are fair, reasonable, and not contrary to the public interest authorization is a public record included in the official minutes of the authority, board, or commission, that shall be filed with the auditor-general and attorney general.

    No member of a state authority, board, or commission may participate in or vote upon a decision of the state authority, board, or commission relating to a matter in which the member has an interest or derives a direct benefit.

    The authorization shall be in writing. Any authorization given pursuant to this section is a public record. Each authorization shall be filed with the auditor-general.The auditor-general shall compile

the authorizations and present them annually for review by the Government Operations and Audit Committee. A member of an authority, board, or commission may comply with this section if: the authority, board, or commission puts on its regular meeting agenda an inquiry for conflicts disclosure prior to the consideration of any substantive matters; the member publicly discloses his or her interest in a contract, direct benefits, or other conflict with any matter on the agenda; the member is excused from discussion and consideration of the matter; the board determines the matter underlying the conflict is fair, reasonable, and not contrary to the public interest; and the disclosure is included in the minutes which are publicly available who requests an authorization under this section shall make the request prior to entering into any contract that requires disclosure or within forty-five days after entering into the contract. Once disclosed and authorized by the governing board, no further disclosure or authorization is required unless the contract extends into consecutive fiscal years. A contract that extends into consecutive fiscal years requires an annual disclosure but no new authorization is required. If the authority, board, or commission rejects the request for authorization made by the member, the contract is voidable and subject to disgorgement pursuant to § 3-23-5, or the member may resign from the authority, board, or commission. No member of a state authority, board, or commission may participate in or vote upon a decision of the state authority, board, or commission relating to a matter in which the member derives a direct benefit.

    Section 7. That chapter 3-23 be amended by adding a NEW SECTION to read:

    Any elected or appointed state authority, board, or commission member may have an interest in a contract if:

            (1)    The member, upon learning of the interest subject to the provisions of this chapter or a transaction that may create an interest subject to the provisions of this chapter discloses the interest no later than the first meeting of the authority, board, or commission held after the first day of July of each year;

            (2)    The authority, board, or commission is notified of the contract and the member's role in the contract;

            (3)    The terms of the contract do not violate any other provision of law; and

            (4)    The disclosure is included in the minutes that are publicly available and are filed with the auditor-general and attorney general.

    Each member shall receive a form, developed by the attorney general, for the purpose of annual disclosure of any interest and direct benefit covered by the provisions of this Act. In addition to any interest in a contract and direct benefit covered by the provisions of this Act, the member shall also disclose at least annually any ownership interest of five percent or greater in any entity that receives grant money from the state, either directly or by a pass-through grant, or that contracts with the state or any political subdivision for services. An authority, board, or commission member who has an interest in a contract pursuant to this section shall disclose the existence of a contract in which the member has an interest but for which authorization by the authority, board, or commission is not required for the person to have an interest in the contract. The auditor-general shall compile and present any disclosure annually for review by the Department of Legislative Audit and the Government Operations and Audit Committee.

    Section 8. That § 3-23-4 be amended to read:

    3-23-4. Within the one-year period prohibiting any contract with an elected or appointed authority, board, or commission member, the authority, board, or commission may approve a former authority, board, or commission member to contract with the elected or appointed authority, board, or commission if the authority, board, or commission determines that the transaction and the terms of the contract are fair, reasonable, and are in the best interests of the public. The authorization shall be in writing.



    Any approval given pursuant to this section shall be included in the official minutes of the authority, board, or commission and is a public record. Each approval The minutes including the approval shall be filed with the auditor-general and attorney general. The auditor-general shall compile the approvals and present them any approval annually for review by the Government Operations and Audit Committee.

    Section 9. That § 3-23-5 be amended to read:

    3-23-5. Any elected or appointed state authority, board, or commission member who knowingly violates §§ 3-23-1 to 3-23-4, inclusive, shall be removed from the authority, board, or commission and is guilty of a Class 1 misdemeanor. Any person who knowingly violates §§ 3-23-1 to 3-23-4, inclusive, and is also guilty of theft under chapter 22-30A, shall be penalized at the next greater class of penalty prescribed by chapters 22-6 and 22-30A. No authority, board, or commission member who has submitted a good faith request for authorization pursuant to section 6 of this Act may be convicted of a crime under this chapter. Any benefit to the authority, board, or commission member in violation of §§ 3-23-1 and 3-23-2 is subject to forfeiture disgorgement and any contract made in violation of this chapter is voidable by the authority, board, or commission.

    Section 10. That § 3-23-6 be amended to read:

    3-23-6. No board member, fiscal agent, officer, or executive business manager, chief financial officer, superintendent, chief executive officer, or other person with the authority to enter into a contract or spend money in an amount greater than five thousand dollars of a local service agency, school district, cooperative education service unit, education service agency, nonprofit education service agency, or jointly governed education service entity that receives money from or through the state may have an interest in a contract nor receive a direct benefit from a contract that in amount greater than five thousand dollars or multiple contracts in an amount greater than five thousand dollars with the same party within a twelve-month period to which the local service agency, school district, cooperative education service unit, or education service agency, nonprofit education service agency, or jointly governed education service entity is a party to the contract except as provided in § 3-23-8.

    Section 11. That § 3-23-7 be amended to read:

    3-23-7. A person described in § 3-23-6 derives a direct benefit from a contract if the person, the person's spouse, or any other persons person with whom the person lives with and commingles assets:

            (1)    Is a party to or intended beneficiary of any contract held by the local service agency, school district, cooperative education service unit, or education service agency;

            (2)    Has more than a five percent ownership or other interest in an entity that is a party to the any contract held by the local service agency, school district, cooperative education service unit, or education service agency;

            (2)    Derives income, compensation, or commission directly from the contract or from the entity that is a party to the contract;

            (3)    Acquires property under the contract; or

            (4)    Serves on the board of directors of an entity that derives income directly from the contract or acquires property under the contract Will receive compensation, commission, promotion, or other monetary benefit directly attributable to any contract with the local service agency, school district, cooperative education service unit, or education service agency.

    A person does not derive a direct benefit from a contract based solely on the value associated with the person's investments or holdings, or the investments or holdings of other persons the state officer or employee lives with and commingles assets.

    Section 12. That chapter 3-23 be amended by adding a NEW SECTION to read:

    A person described in § 3-23-6 has an interest in a contract if the person, the person's spouse, or any other person with whom the person lives and commingles assets:

            (1)    Is employed by a party to any contract with the local service agency, school district, cooperative education service unit, or education service agency; or

            (2)    Receives more than nominal compensation or reimbursement for actual expenses for serving on the board of directors of an entity that derives income or commission directly from the contract or acquires property under the contract.

    Section 13. That chapter 3-23 be amended by adding a NEW SECTION to read:

    A person described in § 3-23-6 does not derive a direct benefit from or have an interest in a contract:

            (1)    Based solely on the value associated with the person's publicly-traded investments or holdings, or the investments or holdings of any other person with whom the board member, business manager, chief financial officer, superintendent, or chief executive officer lives or commingles assets;

            (2)    By participating in a vote or a decision in which the person's only interest arises from an act of general application;

            (3)    Based on the person receiving income as an employee or independent contractor of a party with whom the local service agency, school district, cooperative education service unit, or education service agency has a contract, unless the person receives compensation or a promotion directly attributable to the contract, or unless the person is employed by the party as a board member, executive officer, or other person working for the party in an area related to the contract;

            (4)    If the contract is for the sale of goods or services, or for maintenance or repair services, in the regular course of business at a price at or below a price offered to all customers;

            (5)    If the contract is subject to a public bidding process;

            (6)    If the contract is with the official depository as set forth in § 6-1-3;

            (7)    Based solely on the person receiving nominal income or compensation, a per diem authorized by law or reimbursement for actual expenses incurred;

            (8)    If the contract or multiple contracts with the same party within a twelve-month period with whom the local service agency, school district, cooperative education service unit, or education service agency contracts in an amount less than five thousand dollars.

    Section 14. That § 3-23-8 be amended to read:

    3-23-8. A local service agency, school district, cooperative education service unit, or education service agency, nonprofit education service agency, or jointly governed education service entity may authorize a board member, fiscal agent, officer, or executive person described in § 3-23-6 to have an interest in a contract or derive a direct benefit from a contract if:



            (1)    The person has provided full written disclosure to the agency, district, or unit governing board of all parties to the contract, the person's role in the contract, the purpose or objective of the contract, the consideration or benefit conferred or agreed to be conferred upon each party, and the duration of the contract;

            (2)    The governing board has reviewed the essential terms of the transaction or contract and the person's role in the contract or transaction; and

            (3)    The transaction or finds that the terms of the contract are fair, reasonable, and not contrary to the public interest; and

            (3)    Any request for authorization or governing board action are public records. The official minutes of the governing board shall include any governing board action on each request for authorization and shall be filed with the auditor-general and attorney general.

    No member of a local service agency, school district, cooperative education service unit, education service agency, nonprofit education service agency, or jointly governed education service entity may participate in or vote upon a decision of a local service agency, school district, cooperative education service unit, education service agency, nonprofit education service agency, or jointly governed education service entity relating to a matter in which the member has an interest or derives a direct benefit.

    The authorization shall be in writing. Any authorization given pursuant to this section is a public record. Each authorization shall be filed with the auditor-general. The auditor-general shall compile the authorizations and present them annually for review by the Government Operations and Audit Committee. A board member, fiscal agent, officer, or executive of a local service agency, school district, cooperative education service unit, education service agency, nonprofit education service agency, or jointly governed education service entity may comply with this section if: the local service agency, school district, cooperative education service unit, education service agency, nonprofit education service agency, or jointly governed education service entity puts on its regular meeting agenda an inquiry for conflicts disclosure prior to the consideration of any substantive matters; the person subject to this chapter publicly discloses his or her interest in a contract, direct benefit, or other conflict with any matter on the agenda; the person is excused from discussion and consideration of such matters; the board determines the matter underlying the conflict is fair, reasonable, and not contrary to the public interest; and the disclosure is included in the minutes which are publicly available. A person described in § 3-23-6 who has an interest in a contract pursuant to section 12 of this Act shall disclose the existence of a contract in which the person has an interest and the person's role in the contract but no governing board authorization is required for the person to have an interest in the contract. Disclosure shall also be made at the annual reorganization meeting if the contract extends into consecutive fiscal years. The interest disclosure shall be included in the official minutes of the governing board.

    Any person receiving a direct benefit from a contract and requesting an authorization pursuant to § 3-23-8 shall make the request prior to entering into any contract that requires disclosure or within forty-five days after entering into the contract that requires disclosure. Any authorization by the governing board requires no further disclosure or authorization unless the contract extends into consecutive fiscal years. If the contract extends into consecutive fiscal years, disclosure shall be made annually at the annual reorganization meeting but no new authorization is required. If the entity rejects any request for authorization, the contract is voidable and subject to disgorgement pursuant to § 3-23-9 or the person may resign from the local service agency, school district, cooperative education service unit, or education service agency.

    No board member of a local service agency, school district, cooperative education service unit, or education service agency may participate in or vote upon a decision of a local service agency, school district, cooperative education service unit, or education service agency relating to a matter in which the member derives a direct benefit.

    Section 15. That chapter 3-23 be amended by adding a NEW SECTION to read:

    Each local service agency, school district, cooperative education service unit, or education service agency shall develop a written conflict of interest policy, including any disclosure and authorization form that includes the list of any disclosable interest in contracts or direct benefits covered by this Act.

    Section 16. That § 3-23-9 be amended to read:

    3-23-9. Any person who knowingly violates §§ 3-23-6 to 3-23-8, inclusive, shall be removed from office or employment and is guilty of a Class 1 misdemeanor. Any person who knowingly violates §§ 3-23-6 to 3-23-8, inclusive, and is also guilty of theft under chapter 22-30A, shall be penalized at the next greater class of penalty prescribed by chapters 22-6 and 22-30A. No person described in § 3-23-6 who has submitted a good faith disclosure or request for authorization pursuant to section 14 of this Act may be convicted of a crime under this chapter. Any benefit to a person derived from the person's knowing violation of §§ 3-23-6 to 3-23-8, inclusive, is subject to forfeiture disgorgement. Any contract made in violation of §§ 3-23-6 to 3-23-8, inclusive, is voidable by the governing body of the local service agency, school district, cooperative education service unit, or education service agency, nonprofit education service agency, or jointly governed education service entity.

    Section 17. That § 22-30A-11 be amended to read:

    22-30A-11. Any person convicted of theft under § 22-30A-10 for unlawfully obtaining property of this state, of any of its political subdivisions, or of any agency or fund in which the state or its people are interested shall, in addition to the punishment prescribed by § 22-30A-17 and chapter 22-6 and that may also be prescribed under § 3-23-5 or 3-23-9, be disqualified from holding any public office, elective or appointive, under the laws of this state, so long as that person remains a defaulter to this state or any of its political subdivisions, agencies, or funds.

     Signed March 14, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\031.wpd


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\032.wpd
CHAPTER 32

(HB 1076)

State Government Accountability Board created.


        ENTITLED, An Act to create a State Government Accountability Board.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1.  That the code be amended by adding a NEW SECTION to read:

    There is hereby created a State Government Accountability Board to be composed of four members appointed by the Governor. Each member to be appointed shall be a former or retired circuit court judge or Supreme Court Justice. No more than two of the appointed members may be of the same political party. All appointees are subject to confirmation by the Senate and no appointee may be a member of the Legislature during the member's term on the board. The term for a board member is five years and a board member may only be removed for good cause. Good cause to remove a member is conduct such as: malfeasance or misfeasance in office, neglect of duty, corrupt conduct, gross incompetency, or active partisanship. A vacancy in the board's membership shall be filled by the Governor within thirty days of the event causing the vacancy. If a vacancy occurs before

a term expires, the new member shall serve for the remaining portion of the unexpired term. If the Senate is not in session at the time the appointment is made, the appointee may serve until the Senate has the opportunity to consider the appointment. The per diem and expenses of the board are the same as the per diem and expenses for members of interim committees of the Legislature.

    Section 2.  That the code be amended by adding a NEW SECTION to read:

    The initial appointments for the members of the board are temporary and staggered with one member serving two years, one member serving three years, one member serving four years, and one member serving five years. Each member's initial term is to be determined by the Governor.

    Section 3.  That the code be amended by adding a NEW SECTION to read:

    The State Government Accountability Board may review and investigate any person holding a statewide office, as defined in § 12-27-1, and employees of the executive branch of the state regarding:

            (1)    Allegations of impropriety related to any contract, grant, or loan with any public entity that provides the authority to any other entity to expend public funds;

            (2)    Documents filed under chapter 3-23 or alleged violations relating to conflicts of interest;

            (3)    Allegations of a direct or indirect interest in a contract in violation of the constitution or law;

            (4)    Allegations of malfeasance;

            (5)    Allegations of misappropriation of public funds;

            (6)    Allegations of use of false instruments to obtain public funds;

            (7)    Allegations of theft or embezzlement of public funds;

            (8)    Allegations of bribery; or

            (9)    Allegations of use of public money not authorized by law or in violation of the constitution.

    The board may establish its own procedures, issue subpoenas, administer oaths, and take sworn testimony.

    Section 4.  That the code be amended by adding a NEW SECTION to read:

    Any person acting in good faith may:

            (1)    Furnish information to the board relating to suspected, anticipated, or completed violations of a corrupt act relating to any subdivision in section 3 of this Act;

            (2)    File a report with the board; or

            (3)    File a complaint with the board alleging a violation of any subdivision of section 3 of this Act.

    The information, reports, or complaints and the investigative records and files of the board are confidential and not a public record according to chapter 1-27 until the board votes in favor of conducting a contested case hearing.

    Section 5.  That the code be amended by adding a NEW SECTION to read:

    The board may refer any information, report, or complaint it receives to the Division of Criminal Investigation for investigation. If, based on the information, report, or complaint, the board has reasonable cause to believe that a crime has been committed, the matter shall be referred to the Division of Criminal Investigation. If the Division of Criminal Investigation has cause to believe that a law has been violated, the division shall refer the matter to a state's attorney or the attorney general for prosecution. If an investigation does not reveal sufficient facts to support a criminal prosecution, the Division of Criminal Investigation shall refer the matter back to the board for the board's consideration. If the Division of Criminal Investigation determines that the information, report, or complaint is frivolous, it shall communicate this determination to the board in writing and the board may close the matter.

    Section 6.  That the code be amended by adding a NEW SECTION to read:

    A person acting in good faith is immune from civil liability for furnishing information, filing a report, or making a complaint. If a civil action is commenced against a person for damages related to furnishing information, filing a report, or making a complaint and the court determines that the person acted in good faith, the person may recover costs or disbursements under chapter 15-17 including reasonable attorney's fees. However, if the court determines that the person furnishing information, filing a report, or making a complaint did not act in good faith, the person who commenced the civil action may recover costs or disbursements under chapter 15-17, including reasonable attorney's fees, from the person who did not act in good faith.

    Section 7.  That the code be amended by adding a NEW SECTION to read:

    If a majority of the members of the board vote that there is sufficient information to believe that a statewide office holder or executive branch employee has engaged in misconduct related to any subdivision of section 3 of this Act, the board shall conduct a contested case hearing according to chapter 1-26 to afford the accused person the opportunity to respond to the allegation.

    Section 8.  That the code be amended by adding a NEW SECTION to read:

    At the conclusion of the contested case hearing before the board, if the board determines by a majority vote of the board that a violation has occurred, the board may:

            (1)    Issue a public or private reprimand;

            (2)    Direct a person to engage in coursework or community service; or

            (3)    Make a specific recommendation to the Governor.

    Section 9.  That the code be amended by adding a NEW SECTION to read:

    A person who has submitted information, a report, or complaint to the board pursuant to section 4 of this Act may request a status update from the board. The board shall respond in writing.

    Section 10.  That the code be amended by adding a NEW SECTION to read:

    The board shall annually report to the people, the Governor, and the Legislature on its activities. The report shall include data regarding any allegations of violations of subdivisions of section 3 of this Act, including the number of reports filed, complaints received, number of unique persons filing complaints or reports, and hearings conducted by the board. The board may not disclose information that is not subject to disclosure under chapter 1-27 or pursuant to section 4 of this Act.

    Section 11.  That the code be amended by adding a NEW SECTION to read:



    The State Government Accountability Board is attached to the Office of the Attorney General for administrative and budgetary support. In order to review and investigate any alleged violation of the subdivisions listed in section 3 of the Act, the board may employ staff as it deems necessary.

    Section 12. That § 3-6D-22 be amended to read:

    3-6D-22. 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, the State Government Accountability Board, or because the employee has filed a suggestion pursuant to this section.

     Signed March 10, 2017
_______________
End Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\032.wpd

PUBLIC FISCAL ADMINISTRATION

_______________


Start Included file Y:\LMDATA\SESSIONS\92-2017\SessionLaws\033.wpd
CHAPTER 33

(SB 178)

Appropriation for the ordinary expenses of state government,
fiscal year 2018.


        ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. There is hereby appropriated out of any money in the state treasury not otherwise appropriated the following sums of money or expenditure authority, or so much thereof as may be necessary, for the ordinary expenses of the legislative, judicial, and executive departments of the state, certain officers, boards, and commissions, and support and maintenance of the educational, charitable, and penal institutions of the state for the fiscal year ending June 30, 2018.

GENERAL FEDERAL OTHER TOTAL
FUNDS FUNDS FUNDS FUNDS
SECTION 2. GOVERNOR'S OFFICE  
    (1) Office of the Governor  
  Personal Services   $1,917,311   $0   $0   $1,917,311  
  Operating Expenses   $445,067   $0   $0   $445,067  
           
  Total   $2,362,378   $0   $0   $2,362,378  
  F.T.E.         21.5  
           
    (2) Governor's Contingency Fund  
  Operating Expenses   $75,000   $0   $0   $75,000  
           
  Total   $75,000   $0   $0   $75,000  
  F.T.E.         0.0  
           
    (3) Governor's Office of Economic Development  
  Personal Services   $1,769,331   $554,622   $659,875   $2,983,828  
  Operating Expenses   $877,094   $8,925,449   $33,551,908   $43,354,451  
           
  Total   $2,646,425   $9,480,071   $34,211,783   $46,338,279  
  F.T.E.         40.6  
           
    (4) Office of Research Commerce  
  Personal Services   $186,982   $0   $0   $186,982  
  Operating Expenses   $3,939,684   $0   $500,000   $4,439,684  
           
  Total   $4,126,666   $0   $500,000   $4,626,666  
  F.T.E.         2.0  
           
    (5) SD Housing Development Authority - Informational  
  Personal Services   $0   $1,299,602   $3,634,246   $4,933,848  
  Operating Expenses   $0   $711,419   $6,527,411   $7,238,830  
           
  Total   $0   $2,011,021   $10,161,657   $12,172,678  
  F.T.E.         65.0  
           
    (6) SD Science and Tech Authority - Informational  
  Personal Services   $0   $0   $183,200   $183,200  
  Operating Expenses   $0   $0   $3,606,197   $3,606,197  
           
  Total   $0   $0   $3,789,397   $3,789,397  
  F.T.E.         0.3  
           
    (7) Ellsworth Authority - Informational  
  Personal Services   $0   $0   $0   $0  
  Operating Expenses   $0   $0   $676,890   $676,890  
           
  Total   $0   $0   $676,890   $676,890  
  F.T.E.         0.0  
           
    (8) Building South Dakota - REDI Grants - Informational  
  Operating Expenses   $0   $0   $500,000   $500,000  
           
  Total   $0   $0   $500,000   $500,000  
  F.T.E.         0.0  
           
    (9) Building South Dakota - Local Infrastructure Improvement - Informational  
  Operating Expenses   $0   $0   $2,500,000   $2,500,000  
           
  Total   $0   $0   $2,500,000   $2,500,000  
  F.T.E.         0.0  
           
    (10) Building South Dakota - Economic Development Partnership - Informational  
  Operating Expenses   $0   $0   $500,000   $500,000  
           
  Total   $0   $0   $500,000   $500,000  
  F.T.E.         0.0  
           
    (11) Building South Dakota - SD Housing Opportunity - Informational  
  Operating Expenses   $0   $0   $3,500,000   $3,500,000  
           
  Total   $0   $0   $3,500,000   $3,500,000  
  F.T.E.         0.0  
           
    (12) Lt. Governor  
  Personal Services   $21,966   $0   $0   $21,966  
  Operating Expenses   $13,268   $0   $0   $13,268  
           
  Total   $35,234   $0   $0   $35,234  
  F.T.E.         0.5  
           
    (13) DEPARTMENT TOTAL, GOVERNOR'S OFFICE  
  Personal Services   $3,895,590   $1,854,224   $4,477,321   $10,227,135  
  Operating Expenses   $5,350,113   $9,636,868   $51,862,406   $66,849,387  
           
  Total   $9,245,703   $11,491,092   $56,339,727   $77,076,522  
  F.T.E.         129.9  
           
SECTION 3. BUREAU OF FINANCE AND MANAGEMENT (BFM)  
    (1) Bureau of Finance and Management  
  Personal Services   $712,462   $0   $2,474,444   $3,186,906  
  Operating Expenses   $244,607   $0   $2,488,248   $2,732,855  
           
  Total   $957,069   $0   $4,962,692   $5,919,761  
  F.T.E.         36.0  
           
    (2) Computer Services and Development  
  Operating Expenses   $0   $0   $2,000,000   $2,000,000  
           
  Total   $0   $0   $2,000,000   $2,000,000  
  F.T.E.         0.0  
           
    (3) Building Authority - Informational  
  Personal Services   $0   $0   $2,500   $2,500  
  Operating Expenses   $0   $0   $562,047   $562,047  
           
  Total   $0   $0   $564,547   $564,547  
  F.T.E.         0.0  
           
    (4) Health and Education Facilities Authority - Informational  
  Personal Services   $0   $0   $470,137   $470,137  
  Operating Expenses   $0   $0   $219,750   $219,750  
           
  Total   $0   $0   $689,887   $689,887  
  F.T.E.         6.0  
           
    (5) Employee Compensation and Billing Pools  
  Personal Services   $420,113   $200,790   $451,790   $1,072,693  
  Operating Expenses   $218,911   $91,105   $187,217   $497,233  
           
  Total   $639,024   $291,895   $639,007   $1,569,926  
  F.T.E.         0.0  
           
    (6) Educational Enhancement Funding Corporation - Informational  
  Personal Services   $0   $0   $0   $0  
  Operating Expenses   $0   $0   $139,605   $139,605  
           
  Total   $0   $0   $139,605   $139,605  
  F.T.E.         0.0  
           
    (7) DEPARTMENT TOTAL, BUREAU OF FINANCE AND MANAGEMENT (BFM)  
  Personal Services   $1,132,575   $200,790   $3,398,871   $4,732,236  
  Operating Expenses   $463,518   $91,105   $5,596,867   $6,151,490  
           
  Total   $1,596,093   $291,895   $8,995,738   $10,883,726  
  F.T.E.         42.0  
           
SECTION 4. BUREAU OF ADMINISTRATION (BOA)  
    (1) Administrative Services  
  Personal Services   $0   $0   $393,940   $393,940  
  Operating Expenses   $683   $0   $112,341   $113,024  
           
  Total   $683   $0   $506,281   $506,964  
  F.T.E.         3.5  
           
    (2) Central Services  
  Personal Services   $192,802   $0   $7,082,462   $7,275,264  
  Operating Expenses   $210,054   $0   $18,776,930   $18,986,984  
           
  Total   $402,856   $0   $25,859,392   $26,262,248  
  F.T.E.         135.5  
           
    (3) State Engineer  
  Personal Services   $0   $0   $1,091,691   $1,091,691  
  Operating Expenses   $0   $0   $233,050   $233,050  
           
  Total   $0   $0   $1,324,741   $1,324,741  
  F.T.E.         14.0  
           
    (4) Statewide Maintenance and Repair  
  Operating Expenses   $14,704,362   $500,000   $4,089,246   $19,293,608  
           
  Total   $14,704,362   $500,000   $4,089,246   $19,293,608  
  F.T.E.         0.0  
           
    (5) Office of Hearing Examiners  
  Personal Services   $271,262   $0   $0   $271,262  
  Operating Expenses   $73,988   $0   $0   $73,988  
           
  Total   $345,250   $0   $0   $345,250  
  F.T.E.         3.0  
           
    (6) Obligation Recovery Center  
  Operating Expenses   $450,000   $0   $0   $450,000  
           
  Total   $450,000   $0   $0   $450,000  
  F.T.E.         0.0  
           
    (7) Risk Management Administration - Informational  
  Personal Services   $0   $0   $530,396   $530,396  
  Operating Expenses   $0   $0   $3,440,952   $3,440,952  
           
  Total   $0   $0   $3,971,348   $3,971,348  
  F.T.E.         6.0  
           
    (8) Risk Management Claims - Informational  
  Operating Expenses   $0   $0   $2,222,898   $2,222,898  
           
  Total   $0   $0   $2,222,898   $2,222,898  
  F.T.E.         0.0  
           
    (9) Captive Insurance Pool  
  Operating Expenses   $0   $0   $1,836,000   $1,836,000  
           
  Total   $0   $0   $1,836,000   $1,836,000  
  F.T.E.         0.0  
           
    (10) DEPARTMENT TOTAL, BUREAU OF ADMINISTRATION (BOA)  
  Personal Services   $464,064   $0   $9,098,489   $9,562,553  
  Operating Expenses   $15,439,087   $500,000   $30,711,417   $46,650,504  
           
  Total   $15,903,151   $500,000   $39,809,906   $56,213,057  
  F.T.E.         162.0  
           
SECTION 5. BUREAU OF INFORMATION AND TELECOMMUNICATIONS (BIT)  
    (1) Data Centers  
  Personal Services   $0   $0   $5,338,133   $5,338,133  
  Operating Expenses   $0   $0   $4,416,363   $4,416,363  
           
  Total   $0   $0   $9,754,496   $9,754,496  
  F.T.E.         64.0  
           
    (2) Development  
  Personal Services   $0   $0   $12,529,648   $12,529,648  
  Operating Expenses   $0   $0   $2,216,011   $2,216,011  
           
  Total   $0   $0   $14,745,659   $14,745,659  
  F.T.E.         153.0  
           
    (3) Telecommunications Services  
  Personal Services   $0   $0   $6,784,384   $6,784,384  
  Operating Expenses   $0   $0   $10,969,202   $10,969,202  
           
  Total   $0   $0   $17,753,586   $17,753,586  
  F.T.E.         86.0  
           
    (4) South Dakota Public Broadcasting  
  Personal Services   $2,899,044   $0   $1,054,154   $3,953,198  
  Operating Expenses   $1,259,461   $422,484   $2,749,692   $4,431,637  
           
  Total   $4,158,505   $422,484   $3,803,846   $8,384,835  
  F.T.E.         61.5  
           
    (5) BIT Administration  
  Personal Services   $0   $0   $1,608,170   $1,608,170  
  Operating Expenses   $0   $0   $324,514   $324,514  
           
  Total   $0   $0   $1,932,684   $1,932,684  
  F.T.E.         17.0  
           
    (6) State Radio Engineering  
  Personal Services   $764,472   $121,063   $11,979   $897,514  
  Operating Expenses   $2,293,588   $91,573   $143,927   $2,529,088  
           
  Total   $3,058,060   $212,636   $155,906   $3,426,602  
  F.T.E.         11.0  
           
    (7) DEPARTMENT TOTAL, BUREAU OF INFORMATION AND TELECOMMUNICATIONS (BIT)  
  Personal Services   $3,663,516   $121,063   $27,326,468   $31,111,047  
  Operating Expenses   $3,553,049   $514,057   $20,819,709   $24,886,815  
           
  Total   $7,216,565   $635,120   $48,146,177   $55,997,862  
  F.T.E.         392.5  
           
SECTION 6. BUREAU OF HUMAN RESOURCES (BHR)  
    (1) Personnel Management/Employee Benefits  
  Personal Services   $217,971   $0   $4,726,610   $4,944,581  
  Operating Expenses   $63,609   $0   $2,057,689   $2,121,298  
           
  Total   $281,580   $0   $6,784,299   $7,065,879  
  F.T.E.         73.5  
           
    (2) DEPARTMENT TOTAL, BUREAU OF HUMAN RESOURCES (BHR)  
  Personal Services   $217,971   $0   $4,726,610   $4,944,581  
  Operating Expenses   $63,609   $0   $2,057,689   $2,121,298  
           
  Total   $281,580   $0   $6,784,299   $7,065,879  
  F.T.E.         73.5  
           
SECTION 7. DEPARTMENT OF REVENUE  
    (1) Administration, Secretary of Revenue  
  Personal Services   $0   $0   $2,030,041   $2,030,041  
  Operating Expenses   $0   $0   $1,644,544   $1,644,544  
           
  Total   $0   $0   $3,674,585   $3,674,585  
  F.T.E.         28.0  
           
    (2) Business Tax  
  Personal Services   $0   $0   $3,594,040   $3,594,040  
  Operating Expenses   $0   $0   $891,004   $891,004  
           
  Total   $0   $0   $4,485,044   $4,485,044  
  F.T.E.         57.5  
           
    (3) Motor Vehicles  
  Personal Services   $0   $0   $2,430,494   $2,430,494  
  Operating Expenses   $0   $300,000   $6,451,325   $6,751,325  
           
  Total   $0   $300,000   $8,881,819   $9,181,819  
  F.T.E.         47.0  
           
    (4) Property and Special Taxes  
  Personal Services   $1,037,374   $0   $0   $1,037,374  
  Operating Expenses   $264,392   $0   $0   $264,392  
           
  Total   $1,301,766   $0   $0   $1,301,766  
  F.T.E.         15.0  
           
    (5) Audits  
  Personal Services   $0   $0   $4,010,994   $4,010,994  
  Operating Expenses   $0   $0   $598,717   $598,717  
           
  Total   $0   $0   $4,609,711   $4,609,711  
  F.T.E.         55.0  
           
    (6) Instant and On-line Operations - Informational  
  Personal Services   $0   $0   $1,463,661   $1,463,661  
  Operating Expenses   $0   $0   $36,940,016   $36,940,016  
           
  Total   $0   $0   $38,403,677   $38,403,677  
  F.T.E.         21.0  
           
    (7) Video Lottery  
  Personal Services   $0   $0   $691,810   $691,810  
  Operating Expenses   $0   $0   $1,941,933   $1,941,933  
           
  Total   $0   $0   $2,633,743   $2,633,743  
  F.T.E.         10.0  
           
    (8) Commission on Gaming - Informational  
  Personal Services   $0   $0   $1,068,960   $1,068,960  
  Operating Expenses   $0   $0   $9,611,150   $9,611,150  
           
  Total   $0   $0   $10,680,110   $10,680,110  
  F.T.E.         16.0  
           
    (9) DEPARTMENT TOTAL, DEPARTMENT OF REVENUE  
  Personal Services   $1,037,374   $0   $15,290,000   $16,327,374  
  Operating Expenses   $264,392   $300,000   $58,078,689   $58,643,081  
           
  Total   $1,301,766   $300,000   $73,368,689   $74,970,455  
  F.T.E.         249.5  
           
SECTION 8. DEPARTMENT OF AGRICULTURE...............  
    (1) Administration, Secretary of Agriculture  
  Personal Services   $706,023   $43,413   $78,120   $827,556  
  Operating Expenses   $186,532   $18,665   $93,841   $299,038  
           
  Total   $892,555   $62,078   $171,961   $1,126,594  
  F.T.E.         9.5  
           
    (2) Agricultural Services and Assistance  
  Personal Services   $1,697,727   $1,550,525   $1,210,483   $4,458,735  
  Operating Expenses   $609,719   $1,996,863   $1,884,149   $4,490,731  
           
  Total   $2,307,446   $3,547,388   $3,094,632   $8,949,466  
  F.T.E.         79.9  
           
    (3) Agricultural Development and Promotion  
  Personal Services   $1,311,129   $490,478   $168,373   $1,969,980  
  Operating Expenses   $464,781   $1,132,495   $671,419   $2,268,695  
           
  Total   $1,775,910   $1,622,973   $839,792   $4,238,675  
  F.T.E.         29.0  
           
    (4) Animal Industry Board  
  Personal Services   $1,779,309   $1,113,090   $137,300   $3,029,699  
  Operating Expenses   $343,249   $623,269   $141,642   $1,108,160  
           
  Total   $2,122,558   $1,736,359   $278,942   $4,137,859  
  F.T.E.         41.0  
           
    (5) American Dairy Association - Informational  
  Operating Expenses   $0   $0   $2,881,200   $2,881,200  
           
  Total   $0   $0   $2,881,200   $2,881,200  
  F.T.E.         0.0  
           
    (6) Wheat Commission - Informational  
  Personal Services   $0   $0   $238,643   $238,643  
  Operating Expenses   $0   $0   $1,664,512   $1,664,512  
           
  Total   $0   $0   $1,903,155   $1,903,155  
  F.T.E.         3.0  
           
    (7) Oilseeds Council - Informational  
  Personal Services   $0   $0   $1,615   $1,615  
  Operating Expenses   $0   $0   $393,900   $393,900  
           
  Total   $0   $0   $395,515   $395,515  
  F.T.E.         0.0  
           
    (8) Soybean Research and Promotion Council - Informational  
  Personal Services   $0   $0   $524,445   $524,445  
  Operating Expenses   $0   $0   $10,523,908   $10,523,908  
           
  Total   $0   $0   $11,048,353   $11,048,353  
  F.T.E.         8.0  
           
    (9) Brand Board - Informational  
  Personal Services   $0   $0   $1,658,240   $1,658,240  
  Operating Expenses   $0   $0   $553,813   $553,813  
           
  Total   $0   $0   $2,212,053   $2,212,053  
  F.T.E.         33.0  
           
    (10) Corn Utilization Council - Informational  
  Personal Services   $0   $0   $114,184   $114,184  
  Operating Expenses   $0   $0   $8,470,014   $8,470,014  
           
  Total   $0   $0   $8,584,198   $8,584,198  
  F.T.E.         1.0  
           
    (11) Board of Veterinary Medical Examiners - Informational  
  Personal Services   $0   $0   $2,655   $2,655  
  Operating Expenses   $0   $0   $56,577   $56,577  
           
  Total   $0   $0   $59,232   $59,232  
  F.T.E.         0.0  
           
    (12) Pulse Crops Council - Informational  
  Personal Services   $0   $0   $1,033   $1,033  
  Operating Expenses   $0   $0   $28,529   $28,529  
           
  Total   $0   $0   $29,562   $29,562  
  F.T.E.         0.0  
           
    (13) State Fair  
  Personal Services   $0   $0   $934,827   $934,827  
  Operating Expenses   $322,597   $0   $2,288,702   $2,611,299  
           
  Total   $322,597   $0   $3,223,529   $3,546,126  
  F.T.E.         19.5  
           
    (14) DEPARTMENT TOTAL, DEPARTMENT OF AGRICULTURE...............  
  Personal Services   $5,494,188   $3,197,506   $5,069,918   $13,761,612  
  Operating Expenses   $1,926,878   $3,771,292   $29,652,206   $35,350,376  
           
  Total   $7,421,066   $6,968,798   $34,722,124   $49,111,988  
  F.T.E.         223.9  
           
SECTION 9. DEPARTMENT OF TOURISM  
    (1) Tourism  
  Personal Services   $0   $0   $1,737,183   $1,737,183  
  Operating Expenses   $0   $0   $13,972,960   $13,972,960  
           
  Total   $0   $0   $15,710,143   $15,710,143  
  F.T.E.         25.0  
           
    (2) Arts  
  Personal Services   $0   $0   $268,589   $268,589  
  Operating Expenses   $0   $878,000   $678,116   $1,556,116  
           
  Total   $0   $878,000   $946,705   $1,824,705  
  F.T.E.         3.0  
           
    (3) DEPARTMENT TOTAL, DEPARTMENT OF TOURISM  
  Personal Services   $0   $0   $2,005,772   $2,005,772  
  Operating Expenses   $0   $878,000   $14,651,076   $15,529,076  
           
  Total   $0   $878,000   $16,656,848   $17,534,848  
  F.T.E.         28.0  
           
SECTION 10. DEPARTMENT OF GAME, FISH AND PARKS  
    (1) Administration, Secretary of Game, Fish and Parks  
  Personal Services   $137,934   $0   $2,121,061   $2,258,995  
  Operating Expenses   $821,510   $0   $1,142,473   $1,963,983  
           
  Total   $959,444   $0   $3,263,534   $4,222,978  
  F.T.E.         27.6  
           
    (2) Wildlife - Informational  
  Personal Services   $0   $4,204,567   $14,947,834   $19,152,401  
  Operating Expenses   $0   $13,742,739   $15,490,307   $29,233,046  
           
  Total   $0   $17,947,306   $30,438,141   $48,385,447  
  F.T.E.         294.0  
           
    (3) Wildlife, Development, and Improvement - Informational  
  Operating Expenses   $0   $1,552,350   $1,479,785   $3,032,135  
           
  Total   $0   $1,552,350   $1,479,785   $3,032,135  
  F.T.E.         0.0  
           
    (4) State Parks and Recreation  
  Personal Services   $2,730,861   $946,663   $7,246,414   $10,923,938  
  Operating Expenses   $2,589,848   $2,673,766   $8,541,062   $13,804,676  
           
  Total   $5,320,709   $3,620,429   $15,787,476   $24,728,614  
  F.T.E.         248.2  
           
    (5) State Parks and Recreation - Development and Improvement  
  Personal Services   $0   $0   $0   $0  
  Operating Expenses   $0   $2,672,750   $6,531,750   $9,204,500  
           
  Total   $0   $2,672,750   $6,531,750   $9,204,500  
  F.T.E.         0.0  
           
    (6) Snowmobile Trails - Informational  
  Personal Services   $0   $0   $397,592   $397,592  
  Operating Expenses   $0   $0   $931,111   $931,111  
           
  Total   $0   $0   $1,328,703   $1,328,703  
  F.T.E.         9.1  
           
    (7) DEPARTMENT TOTAL, DEPARTMENT OF GAME, FISH AND PARKS  
  Personal Services   $2,868,795   $5,151,230   $24,712,901   $32,732,926  
  Operating Expenses   $3,411,358   $20,641,605   $34,116,488   $58,169,451  
           
  Total   $6,280,153   $25,792,835   $58,829,389   $90,902,377  
  F.T.E.         578.9  
           
SECTION 11. DEPARTMENT OF TRIBAL RELATIONS  
    (1) Office of Tribal Relations  
  Personal Services   $425,779   $0   $0   $425,779  
  Operating Expenses   $98,872   $0   $20,000   $118,872  
           
  Total   $524,651   $0   $20,000   $544,651  
  F.T.E.         6.0  
           
    (2) DEPARTMENT TOTAL, DEPARTMENT OF TRIBAL RELATIONS  
  Personal Services   $425,779   $0   $0   $425,779  
  Operating Expenses   $98,872   $0   $20,000   $118,872  
           
  Total   $524,651   $0   $20,000   $544,651  
  F.T.E.         6.0  
           
SECTION 12. DEPARTMENT OF SOCIAL SERVICES  
    (1) Administration, Secretary of Social Services  
  Personal Services   $4,526,120   $5,897,896   $10,453   $10,434,469  
  Operating Expenses   $4,681,343   $10,993,782   $9,451   $15,684,576  
           
  Total   $9,207,463   $16,891,678   $19,904   $26,119,045  
  F.T.E.         182.7  
           
    (2) Economic Assistance  
  Personal Services   $8,214,654   $11,869,105   $24,229   $20,107,988  
  Operating Expenses   $17,380,471   $48,640,469   $317,023   $66,337,963  
           
  Total   $25,595,125   $60,509,574   $341,252   $86,445,951  
  F.T.E.         320.5  
           
    (3) Medical and Adult Services  
  Personal Services   $3,298,769   $6,831,014   $175,639   $10,305,422  
  Operating Expenses   $316,115,592   $505,567,852   $1,626,148   $823,309,592  
           
  Total   $319,414,361   $512,398,866   $1,801,787   $833,615,014  
  F.T.E.         153.0  
           
    (4) Children's Services  
  Personal Services   $12,506,355   $9,941,372   $1,741,862   $24,189,589  
  Operating Expenses   $32,602,266   $37,842,688   $3,058,281   $73,503,235  
           
  Total   $45,108,621   $47,784,060   $4,800,143   $97,692,824  
  F.T.E.         359.8  
           
    (5) Behavioral Health  
  Personal Services   $31,864,181   $9,460,662   $1,737,131   $43,061,974  
  Operating Expenses   $48,911,224   $27,865,692   $1,406,841   $78,183,757  
           
  Total   $80,775,405   $37,326,354   $3,143,972   $121,245,731  
  F.T.E.         636.0  
           
    (6) Board of Counselor Examiners - Informational  
  Personal Services   $0   $0   $3,068   $3,068  
  Operating Expenses   $0   $0   $90,096   $90,096  
           
  Total   $0   $0   $93,164   $93,164  
  F.T.E.         0.0  
           
    (7) Board of Psychology Examiners - Informational  
  Personal Services   $0   $0   $3,819   $3,819  
  Operating Expenses   $0   $0   $73,314   $73,314  
           
  Total   $0   $0   $77,133   $77,133  
  F.T.E.         0.0  
           
    (8) Board of Social Work Examiners - Informational  
  Personal Services   $0   $0   $3,135   $3,135  
  Operating Expenses   $0   $0   $98,754   $98,754  
           
  Total   $0   $0   $101,889   $101,889  
  F.T.E.         0.0  
           
    (9) Board of Addiction and Prevention Professionals - Informational  
  Personal Services   $0   $0   $111,899   $111,899  
  Operating Expenses   $0   $0   $58,229   $58,229  
           
  Total   $0   $0   $170,128   $170,128  
  F.T.E.         1.3  
           
    (10) DEPARTMENT TOTAL, DEPARTMENT OF SOCIAL SERVICES  
  Personal Services   $60,410,079   $44,000,049   $3,811,235   $108,221,363  
  Operating Expenses   $419,690,896   $630,910,483   $6,738,137   $1,057,339,516  
           
  Total   $480,100,975   $674,910,532   $10,549,372   $1,165,560,879  
  F.T.E.         1,653.3  
           
SECTION 13. DEPARTMENT OF HEALTH  
    (1) Administration, Secretary of Health  
  Personal Services   $745,929   $1,021,715   $639,188   $2,406,832  
  Operating Expenses   $213,777   $697,133   $875,473   $1,786,383  
           
  Total   $959,706   $1,718,848   $1,514,661   $4,193,215  
  F.T.E.         32.0  
           
    (2) Health Systems Development and Regulation  
  Personal Services   $2,136,331   $3,571,485   $65,889   $5,773,705  
  Operating Expenses   $1,446,676   $6,810,906   $3,100,155   $11,357,737  
           
  Total   $3,583,007   $10,382,391   $3,166,044   $17,131,442  
  F.T.E.         70.0  
           
    (3) Family and Community Health  
  Personal Services   $2,259,600   $10,302,648   $1,366,631   $13,928,879  
  Operating Expenses   $1,890,927   $14,546,382   $4,773,441   $21,210,750  
           
  Total   $4,150,527   $24,849,030   $6,140,072   $35,139,629  
  F.T.E.         191.5  
           
    (4) Laboratory Services  
  Personal Services   $0   $628,045   $1,565,298   $2,193,343  
  Operating Expenses   $0   $2,713,775   $1,925,061   $4,638,836  
           
  Total   $0   $3,341,820   $3,490,359   $6,832,179  
  F.T.E.         29.0  
           
    (5) Correctional Health  
  Personal Services   $0   $0   $7,346,842   $7,346,842  
  Operating Expenses   $0   $0   $16,118,597   $16,118,597  
           
  Total   $0   $0   $23,465,439   $23,465,439  
  F.T.E.         89.0  
           
    (6) Tobacco Prevention  
  Personal Services   $0   $247,626   $0   $247,626  
  Operating Expenses   $0   $1,315,025   $4,500,223   $5,815,248  
           
  Total   $0   $1,562,651   $4,500,223   $6,062,874  
  F.T.E.         3.0  
           
    (7) Board of Chiropractic Examiners - Informational  
  Personal Services   $0   $0   $64,417   $64,417  
  Operating Expenses   $0   $0   $48,489   $48,489  
           
  Total   $0   $0   $112,906   $112,906  
  F.T.E.         1.0  
           
    (8) Board of Dentistry - Informational  
  Personal Services   $0   $0   $7,263   $7,263  
  Operating Expenses   $0   $0   $341,917   $341,917  
           
  Total   $0   $0   $349,180   $349,180  
  F.T.E.         0.0  
           
    (9) Board of Hearing Aid Dispensers and Audiologists - Informational  
  Personal Services   $0   $0   $1,215   $1,215  
  Operating Expenses   $0   $0   $23,715   $23,715  
           
  Total   $0   $0   $24,930   $24,930  
  F.T.E.         0.0  
           
    (10) Board of Funeral Service - Informational  
  Personal Services   $0   $0   $9,417   $9,417  
  Operating Expenses   $0   $0   $64,496   $64,496  
           
  Total   $0   $0   $73,913   $73,913  
  F.T.E.         0.0  
           
    (11) Board of Medical and Osteopathic Examiners - Informational  
  Personal Services   $0   $0   $421,535   $421,535  
  Operating Expenses   $0   $0   $617,054   $617,054  
           
  Total   $0   $0   $1,038,589   $1,038,589  
  F.T.E.         7.0  
           
    (12) Board of Nursing - Informational  
  Personal Services   $0   $0   $668,862   $668,862  
  Operating Expenses   $0   $0   $672,293   $672,293  
           
  Total   $0   $0   $1,341,155   $1,341,155  
  F.T.E.         9.0  
           
    (13) Board of Nursing Home Administrators - Informational  
  Personal Services   $0   $0   $2,356   $2,356  
  Operating Expenses   $0   $0   $57,136   $57,136  
           
  Total   $0   $0   $59,492   $59,492  
  F.T.E.         0.0  
           
    (14) Board of Examiners in Optometry - Informational  
  Personal Services   $0   $0   $1,124   $1,124  
  Operating Expenses   $0   $0   $68,394   $68,394  
           
  Total   $0   $0   $69,518   $69,518  
  F.T.E.         0.0  
           
    (15) Board of Pharmacy - Informational  
  Personal Services   $0   $0   $508,656   $508,656  
  Operating Expenses   $0   $0   $649,308   $649,308  
           
  Total   $0   $0   $1,157,964   $1,157,964  
  F.T.E.         5.9  
           
    (16) Board of Podiatry Examiners - Informational  
  Personal Services   $0   $0   $288   $288  
  Operating Expenses   $0   $0   $21,222   $21,222  
           
  Total   $0   $0   $21,510   $21,510  
  F.T.E.         0.0  
           
    (17) Board of Massage Therapy - Informational  
  Personal Services   $0   $0   $1,377   $1,377  
  Operating Expenses   $0   $0   $85,685   $85,685  
           
  Total   $0   $0   $87,062   $87,062  
  F.T.E.         0.0  
           
    (18) Board of Examiners for Speech Language Pathology - Informational  
  Personal Services   $0   $0   $1,128   $1,128  
  Operating Expenses   $0   $0   $45,134   $45,134  
           
  Total   $0   $0   $46,262   $46,262  
  F.T.E.         0.0  
           
    (19) Board of Certified Professional Midwives - Informational  
  Operating Expenses   $0   $0   $20,000   $20,000  
           
  Total   $0   $0   $20,000   $20,000  
  F.T.E.         0.0  
           
    (20) DEPARTMENT TOTAL, DEPARTMENT OF HEALTH  
  Personal Services   $5,141,860   $15,771,519   $12,671,486   $33,584,865  
  Operating Expenses   $3,551,380   $26,083,221   $34,007,793   $63,642,394  
           
  Total   $8,693,240   $41,854,740   $46,679,279   $97,227,259  
  F.T.E.         437.4  
           
SECTION 14. DEPARTMENT OF LABOR AND REGULATION  
    (1) Administration, Secretary of Labor  
  Personal Services   $40,433   $3,287,180   $164,399   $3,492,012  
  Operating Expenses   $618,040   $8,188,728   $137,116   $8,943,884  
           
  Total   $658,473   $11,475,908   $301,515   $12,435,896  
  F.T.E.         52.5  
           
    (2) Unemployment Insurance Service  
  Personal Services   $0   $4,173,035   $0   $4,173,035  
  Operating Expenses   $0   $2,635,559   $0   $2,635,559  
           
  Total   $0   $6,808,594   $0   $6,808,594  
  F.T.E.         74.0  
           
    (3) Field Operations  
  Personal Services   $540,780   $9,491,723   $0   $10,032,503  
  Operating Expenses   $14,798   $2,321,321   $0   $2,336,119  
           
  Total   $555,578   $11,813,044   $0   $12,368,622  
  F.T.E.         166.0  
           
    (4) State Labor Law Administration  
  Personal Services   $627,955   $296,360   $254,818   $1,179,133  
  Operating Expenses   $97,118   $60,861   $246,289   $404,268  
           
  Total   $725,073   $357,221   $501,107   $1,583,401  
  F.T.E.         16.0  
           
    (5) Board of Accountancy - Informational  
  Personal Services   $0   $0   $148,201   $148,201  
  Operating Expenses   $0   $0   $176,115   $176,115  
           
  Total   $0   $0   $324,316   $324,316  
  F.T.E.         2.5  
           
    (6) Board of Barber Examiners - Informational  
  Personal Services   $0   $0   $2,531   $2,531  
  Operating Expenses   $0   $0   $26,573   $26,573  
           
  Total   $0   $0   $29,104   $29,104  
  F.T.E.         0.0  
           
    (7) Cosmetology Commission - Informational  
  Personal Services   $0   $0   $191,662   $191,662  
  Operating Expenses   $0   $0   $124,329   $124,329  
           
  Total   $0   $0   $315,991   $315,991  
  F.T.E.         3.6  
           
    (8) Plumbing Commission - Informational  
  Personal Services   $0   $0   $423,926   $423,926  
  Operating Expenses   $0   $0   $201,954   $201,954  
           
  Total   $0   $0   $625,880   $625,880  
  F.T.E.         7.0  
           
    (9) Board of Technical Professions - Informational  
  Personal Services   $0   $0   $186,576   $186,576  
  Operating Expenses   $0   $0   $183,711   $183,711  
           
  Total   $0   $0   $370,287   $370,287  
  F.T.E.         3.5  
           
    (10) Electrical Commission - Informational  
  Personal Services   $0   $0   $1,201,499   $1,201,499  
  Operating Expenses   $0   $0   $489,511   $489,511  
           
  Total   $0   $0   $1,691,010   $1,691,010  
  F.T.E.         22.0  
           
    (11) Real Estate Commission - Informational  
  Personal Services   $0   $0   $348,777   $348,777  
  Operating Expenses   $0   $0   $231,211   $231,211  
           
  Total   $0   $0   $579,988   $579,988  
  F.T.E.         5.0  
           
    (12) Abstracters Board of Examiners - Informational  
  Personal Services   $0   $0   $17,908   $17,908  
  Operating Expenses   $0   $0   $9,621   $9,621  
           
  Total   $0   $0   $27,529   $27,529  
  F.T.E.         0.0  
           
    (13) South Dakota Athletic Commission - Informational  
  Personal Services   $0   $0   $8,370   $8,370  
  Operating Expenses   $0   $0   $47,382   $47,382  
           
  Total   $0   $0   $55,752   $55,752  
  F.T.E.         0.0  
           
    (14) Banking  
  Personal Services   $0   $0   $2,557,943   $2,557,943  
  Operating Expenses   $0   $0   $647,745   $647,745  
           
  Total   $0   $0   $3,205,688   $3,205,688  
  F.T.E.         29.5  
           
    (15) Trust Captive Insurance Company - Informational  
  Personal Services   $0   $0   $15,000   $15,000  
  Operating Expenses   $0   $0   $258,811   $258,811  
           
  Total   $0   $0   $273,811   $273,811  
  F.T.E.         0.0  
           
    (16) Securities  
  Personal Services   $0   $0   $336,307   $336,307  
  Operating Expenses   $0   $0   $97,503   $97,503  
           
  Total   $0   $0   $433,810   $433,810  
  F.T.E.         5.7  
           
    (17) Insurance  
  Personal Services   $0   $20,482   $2,181,497   $2,201,979  
  Operating Expenses   $0   $20,000   $730,801   $750,801  
           
  Total   $0   $40,482   $2,912,298   $2,952,780  
  F.T.E.         32.0  
           
    (18) DEPARTMENT TOTAL, DEPARTMENT OF LABOR AND REGULATION  
  Personal Services   $1,209,168   $17,268,780   $8,039,414   $26,517,362  
  Operating Expenses   $729,956   $13,226,469   $3,608,672   $17,565,097  
           
  Total   $1,939,124   $30,495,249   $11,648,086   $44,082,459  
  F.T.E.         419.3  
           
SECTION 15. DEPARTMENT OF TRANSPORTATION  
    (1) General Operations  
  Personal Services   $522,087   $11,332,922   $59,935,666   $71,790,675  
  Operating Expenses   $25,502   $30,121,451   $95,097,500   $125,244,453  
           
  Total   $547,589   $41,454,373   $155,033,166   $197,035,128  
  F.T.E.         1,014.3  
           
    (2) Construction Contracts - Informational  
  Operating Expenses   $0   $347,068,873   $144,544,285   $491,613,158  
           
  Total   $0   $347,068,873   $144,544,285   $491,613,158  
  F.T.E.         0.0  
           
    (3) DEPARTMENT TOTAL, DEPARTMENT OF TRANSPORTATION  
  Personal Services   $522,087   $11,332,922   $59,935,666   $71,790,675  
  Operating Expenses   $25,502   $377,190,324   $239,641,785   $616,857,611  
           
  Total   $547,589   $388,523,246   $299,577,451   $688,648,286  
  F.T.E.         1,014.3  
           
SECTION 16. DEPARTMENT OF EDUCATION  
    (1) Administration, Secretary of Education  
  Personal Services   $1,544,389   $961,730   $76,892   $2,583,011  
  Operating Expenses   $1,045,285   $3,696,876   $136,107   $4,878,268  
           
  Total   $2,589,674   $4,658,606   $212,999   $7,461,279  
  F.T.E.         34.0  
           
    (2) Workforce Education Fund - Informational  
  Operating Expenses   $0   $0   $2,500,000   $2,500,000  
           
  Total   $0   $0   $2,500,000   $2,500,000  
  F.T.E.         0.0  
           
    (3) State Aid to General Education  
  Operating Expenses   $449,193,574   $0   $0   $449,193,574  
           
  Total   $449,193,574   $0   $0   $449,193,574  
  F.T.E.         0.0  
           
    (4) State Aid to Special Education  
  Operating Expenses   $63,646,857   $0   $0   $63,646,857  
           
  Total   $63,646,857   $0   $0   $63,646,857  
  F.T.E.         0.0  
           
    (5) Sparsity Payments  
  Operating Expenses   $2,011,501   $0   $0   $2,011,501  
           
  Total   $2,011,501   $0   $0   $2,011,501  
  F.T.E.         0.0  
           
    (6) National Board Certified Teachers and Counselors  
  Operating Expenses   $150,000   $0   $0   $150,000  
           
  Total   $150,000   $0   $0   $150,000  
  F.T.E.         0.0  
           
    (7) Technology and Innovation in Schools  
  Operating Expenses   $12,207,711   $0   $1,872,827   $14,080,538  
           
  Total   $12,207,711   $0   $1,872,827   $14,080,538  
  F.T.E.         0.0  
           
    (8) Postsecondary Vocational Education  
  Operating Expenses   $22,316,237   $0   $0   $22,316,237  
           
  Total   $22,316,237   $0   $0   $22,316,237  
  F.T.E.         0.0  
           
    (9) Postsecondary Voc Ed Tuition Assistance  
  Operating Expenses   $1,831,820   $0   $0   $1,831,820  
           
  Total   $1,831,820   $0   $0   $1,831,820  
  F.T.E.         0.0  
           
    (10) Postsecondary Instructor Salary Enhancement  
  Operating Expenses   $3,000,000   $0   $0   $3,000,000  
           
  Total   $3,000,000   $0   $0   $3,000,000  
  F.T.E.         0.0  
           
    (11) Education Resources  
  Personal Services   $2,137,149   $3,738,724   $311,945   $6,187,818  
  Operating Expenses   $6,607,795   $175,477,424   $699,225   $182,784,444  
           
  Total   $8,744,944   $179,216,148   $1,011,170   $188,972,262  
  F.T.E.         86.5  
           
    (12) History  
  Personal Services   $990,619   $417,426   $1,341,270   $2,749,315  
  Operating Expenses   $1,211,763   $804,628   $998,127   $3,014,518  
           
  Total   $2,202,382   $1,222,054   $2,339,397   $5,763,833  
  F.T.E.         44.0  
           
    (13) Library Services  
  Personal Services   $1,056,326   $354,835   $0   $1,411,161  
  Operating Expenses   $858,923   $890,683   $27,900   $1,777,506  
           
  Total   $1,915,249   $1,245,518   $27,900   $3,188,667  
  F.T.E.         22.5  
           
    (14) DEPARTMENT TOTAL, DEPARTMENT OF EDUCATION  
  Personal Services   $5,728,483   $5,472,715   $1,730,107   $12,931,305  
  Operating Expenses   $564,081,466   $180,869,611   $6,234,186   $751,185,263  
           
  Total   $569,809,949   $186,342,326   $7,964,293   $764,116,568  
  F.T.E.         187.0  
           
SECTION 17. DEPARTMENT OF PUBLIC SAFETY  
    (1) Administration, Secretary of Public Safety  
  Personal Services   $131,520   $94,986   $512,426   $738,932  
  Operating Expenses   $14,624   $0   $116,247   $130,871  
           
  Total   $146,144   $94,986   $628,673   $869,803  
  F.T.E.         8.5  
           
    (2) Highway Patrol  
  Personal Services   $599,119   $1,583,822   $17,315,828   $19,498,769  
  Operating Expenses   $809,496   $5,672,963   $7,384,880   $13,867,339  
           
  Total   $1,408,615   $7,256,785   $24,700,708   $33,366,108  
  F.T.E.         275.0  
           
    (3) Emergency Services & Homeland Security  
  Personal Services   $998,916   $1,448,673   $74,772   $2,522,361  
  Operating Expenses   $376,062   $8,221,777   $202,953   $8,800,792  
           
  Total   $1,374,978   $9,670,450   $277,725   $11,323,153  
  F.T.E.         30.5  
           
    (4) Legal and Regulatory Services  
  Personal Services   $70,174   $8,788   $4,804,887   $4,883,849  
  Operating Expenses   $763,139   $321,744   $2,989,493   $4,074,376  
           
  Total   $833,313   $330,532   $7,794,380   $8,958,225  
  F.T.E.         95.5  
           
    (5) 911 Coordination Board - Informational  
  Personal Services   $0   $0   $112,891   $112,891  
  Operating Expenses   $0   $0   $3,795,701   $3,795,701  
           
  Total   $0   $0   $3,908,592   $3,908,592  
  F.T.E.         1.0  
           
    (6) DEPARTMENT TOTAL, DEPARTMENT OF PUBLIC SAFETY  
  Personal Services   $1,799,729   $3,136,269   $22,820,804   $27,756,802  
  Operating Expenses   $1,963,321   $14,216,484   $14,489,274   $30,669,079  
           
  Total   $3,763,050   $17,352,753   $37,310,078   $58,425,881  
  F.T.E.         410.5  
           
SECTION 18. BOARD OF REGENTS  
    (1) Board of Regents Central Office  
  Personal Services   $4,498,367   $0   $1,872,886   $6,371,253  
  Operating Expenses   $13,917,124   $574,447   $46,234,142   $60,725,713  
           
  Total   $18,415,491   $574,447   $48,107,028   $67,096,966  
  F.T.E.         70.3  
           
    (2) Research Pool  
  Operating Expenses   $1,000,000   $0   $0   $1,000,000  
           
  Total   $1,000,000   $0   $0   $1,000,000  
  F.T.E.         0.0  
           
    (3) South Dakota Scholarships  
  Operating Expenses   $6,084,157   $0   $0   $6,084,157  
           
  Total   $6,084,157   $0   $0   $6,084,157  
  F.T.E.         0.0  
           
    (4) University of South Dakota  
  Personal Services   $32,972,093   $5,328,156   $50,605,547   $88,905,796  
  Operating Expenses   $3,302,488   $2,589,090   $46,001,557   $51,893,135  
           
  Total   $36,274,581   $7,917,246   $96,607,104   $140,798,931  
  F.T.E.         1,107.2  
           
    (5) University of South Dakota School of Medicine  
  Personal Services   $19,403,365   $3,112,335   $10,089,409   $32,605,109  
  Operating Expenses   $3,508,850   $6,065,535   $9,751,248   $19,325,633  
           
  Total   $22,912,215   $9,177,870   $19,840,657   $51,930,742  
  F.T.E.         321.5  
           
    (6) South Dakota State University  
  Personal Services   $41,583,514   $8,200,000   $89,867,974   $139,651,488  
  Operating Expenses   $4,756,603   $15,800,000   $84,332,352   $104,888,955  
           
  Total   $46,340,117   $24,000,000   $174,200,326   $244,540,443  
  F.T.E.         1,617.7  
           
    (7) SDSU Extension  
  Personal Services   $8,306,136   $3,322,189   $887,483   $12,515,808  
  Operating Expenses   $329,152   $2,677,811   $1,136,053   $4,143,016  
           
  Total   $8,635,288   $6,000,000   $2,023,536   $16,658,824  
  F.T.E.         190.4  
           
    (8) Agricultural Experiment Station  
  Personal Services   $11,660,761   $4,896,555   $4,681,159   $21,238,475  
  Operating Expenses   $627,155   $5,960,000   $9,251,544   $15,838,699  
           
  Total   $12,287,916   $10,856,555   $13,932,703   $37,077,174  
  F.T.E.         271.3  
           
    (9) SD School of Mines and Technology  
  Personal Services   $15,824,928   $3,761,523   $20,796,358   $40,382,809  
  Operating Expenses   $863,578   $11,458,287   $17,929,737   $30,251,602  
           
  Total   $16,688,506   $15,219,810   $38,726,095   $70,634,411  
  F.T.E.         433.4  
           
    (10) Northern State University  
  Personal Services   $13,565,905   $1,244,117   $12,038,530   $26,848,552  
  Operating Expenses   $1,060,471   $734,000   $13,124,219   $14,918,690  
           
  Total   $14,626,376   $1,978,117   $25,162,749   $41,767,242  
  F.T.E.         363.0  
           
    (11) Black Hills State University  
  Personal Services   $8,923,768   $1,239,656   $20,225,589   $30,389,013  
  Operating Expenses   $619,261   $3,037,512   $12,415,498   $16,072,271  
           
  Total   $9,543,029   $4,277,168   $32,641,087   $46,461,284  
  F.T.E.         418.5  
           
    (12) Dakota State University  
  Personal Services   $9,113,506   $897,729   $14,995,487   $25,006,722  
  Operating Expenses   $623,668   $2,547,453   $10,642,869   $13,813,990  
           
  Total   $9,737,174   $3,445,182   $25,638,356   $38,820,712  
  F.T.E.         288.8  
           
    (13) SD School for the Deaf  
  Personal Services   $1,715,616   $0   $0   $1,715,616  
  Operating Expenses   $1,126,295   $4   $667,252   $1,793,551  
           
  Total   $2,841,911   $4   $667,252   $3,509,167  
  F.T.E.         24.5  
           
    (14) SD School for the Blind and Visually Impaired  
  Personal Services   $2,787,152   $45,000   $209,178   $3,041,330  
  Operating Expenses   $247,403   $156,361   $285,534   $689,298  
           
  Total   $3,034,555   $201,361   $494,712   $3,730,628  
  F.T.E.         48.6  
           
    (15) DEPARTMENT TOTAL, BOARD OF REGENTS  
  Personal Services   $170,355,111   $32,047,260   $226,269,600   $428,671,971  
  Operating Expenses   $38,066,205   $51,600,500   $251,772,005   $341,438,710  
           
  Total   $208,421,316   $83,647,760   $478,041,605   $770,110,681  
  F.T.E.         5,155.2  
           
SECTION 19. DEPARTMENT OF THE MILITARY  
    (1) Adjutant General  
  Personal Services   $432,878   $0   $0   $432,878  
  Operating Expenses   $132,216   $10,306   $29,254   $171,776  
           
  Total   $565,094   $10,306   $29,254   $604,654  
  F.T.E.         5.3  
           
    (2) Army Guard  
  Personal Services   $414,320   $2,678,993   $0   $3,093,313  
  Operating Expenses   $2,718,086   $12,587,358   $0   $15,305,444  
           
  Total   $3,132,406   $15,266,351   $0   $18,398,757  
  F.T.E.         54.1  
           
    (3) Air Guard  
  Personal Services   $202,434   $2,828,670   $0   $3,031,104  
  Operating Expenses   $214,231   $2,617,602   $0   $2,831,833  
           
  Total   $416,665   $5,446,272   $0   $5,862,937  
  F.T.E.         48.0  
           
    (4) DEPARTMENT TOTAL, DEPARTMENT OF THE MILITARY  
  Personal Services   $1,049,632   $5,507,663   $0   $6,557,295  
  Operating Expenses   $3,064,533   $15,215,266   $29,254   $18,309,053  
           
  Total   $4,114,165   $20,722,929   $29,254   $24,866,348  
  F.T.E.         107.4  
           
SECTION 20. DEPARTMENT OF VETERANS' AFFAIRS  
    (1) Veterans' Benefits and Services  
  Personal Services   $1,139,740   $157,071   $0   $1,296,811  
  Operating Expenses   $425,779   $48,321   $61,000   $535,100  
           
  Total   $1,565,519   $205,392   $61,000   $1,831,911  
  F.T.E.         20.0  
           
    (2) State Veterans' Home  
  Personal Services   $2,458,892   $3,026,154   $1,093,075   $6,578,121  
  Operating Expenses   $29,023   $0   $3,393,425   $3,422,448  
           
  Total   $2,487,915   $3,026,154   $4,486,500   $10,000,569  
  F.T.E.         118.2  
           
    (3) DEPARTMENT TOTAL, DEPARTMENT OF VETERANS' AFFAIRS  
  Personal Services   $3,598,632   $3,183,225   $1,093,075   $7,874,932  
  Operating Expenses   $454,802   $48,321   $3,454,425   $3,957,548  
           
  Total   $4,053,434   $3,231,546   $4,547,500   $11,832,480  
  F.T.E.         138.2  
           
SECTION 21. DEPARTMENT OF CORRECTIONS  
    (1) Administration, Corrections Central Office  
  Personal Services   $1,698,138   $102,622   $0   $1,800,760  
  Operating Expenses   $1,170,309   $866,560   $0   $2,036,869  
           
  Total   $2,868,447   $969,182   $0   $3,837,629  
  F.T.E.         22.0  
           
    (2) Mike Durfee State Prison  
  Personal Services   $12,064,273   $109,643   $0   $12,173,916  
  Operating Expenses   $5,957,092   $45,292   $0   $6,002,384  
           
  Total   $18,021,365   $154,935   $0   $18,176,300  
  F.T.E.         210.0  
           
    (3) State Penitentiary  
  Personal Services   $17,912,693   $114,093   $0   $18,026,786  
  Operating Expenses   $6,619,221   $64,747   $0   $6,683,968  
           
  Total   $24,531,914   $178,840   $0   $24,710,754  
  F.T.E.         309.0  
           
    (4) Women's Prison  
  Personal Services   $3,970,020   $59,524   $0   $4,029,544  
  Operating Expenses   $1,703,930   $9,655   $0   $1,713,585  
           
  Total   $5,673,950   $69,179   $0   $5,743,129  
  F.T.E.         70.0  
           
    (5) Pheasantland Industries  
  Personal Services   $0   $0   $1,029,759   $1,029,759  
  Operating Expenses   $0   $0   $2,674,025   $2,674,025  
           
  Total   $0   $0   $3,703,784   $3,703,784  
  F.T.E.         16.0  
           
    (6) Inmate Services  
  Personal Services   $1,684,162   $80,710   $0   $1,764,872  
  Operating Expenses   $26,826,730   $995,534   $0   $27,822,264  
           
  Total   $28,510,892   $1,076,244   $0   $29,587,136  
  F.T.E.         27.0  
           
    (7) Parole Services  
  Personal Services   $3,574,921   $0   $0   $3,574,921  
  Operating Expenses   $2,026,766   $0   $0   $2,026,766  
           
  Total   $5,601,687   $0   $0   $5,601,687  
  F.T.E.         57.0  
           
    (8) Juvenile Community Corrections  
  Personal Services   $2,274,764   $0   $0   $2,274,764  
  Operating Expenses   $11,088,297   $4,204,854   $0   $15,293,151  
           
  Total   $13,363,061   $4,204,854   $0   $17,567,915  
  F.T.E.         35.0  
           
    (9) State Treatment and Rehabilitation Academy  
  Personal Services   $225,718   $0   $0   $225,718  
  Operating Expenses   $315,169   $0   $0   $315,169  
           
  Total   $540,887   $0   $0   $540,887  
  F.T.E.         4.0  
           
    (10) DEPARTMENT TOTAL, DEPARTMENT OF CORRECTIONS  
  Personal Services   $43,404,689   $466,592   $1,029,759   $44,901,040  
  Operating Expenses   $55,707,514   $6,186,642   $2,674,025   $64,568,181  
           
  Total   $99,112,203   $6,653,234   $3,703,784   $109,469,221  
  F.T.E.         750.0  
           
SECTION 22. DEPARTMENT OF HUMAN SERVICES  
    (1) Administration, Secretary of Human Services  
  Personal Services   $628,917   $610,893   $0   $1,239,810  
  Operating Expenses   $295,789   $148,606   $1,430   $445,825  
           
  Total   $924,706   $759,499   $1,430   $1,685,635  
  F.T.E.         17.0  
           
    (2) Developmental Disabilities  
  Personal Services   $720,970   $732,419   $0   $1,453,389  
  Operating Expenses   $59,987,425   $79,496,471   $5,623,926   $145,107,822  
           
  Total   $60,708,395   $80,228,890   $5,623,926   $146,561,211  
  F.T.E.         20.5  
           
    (3) South Dakota Developmental Center - Redfield  
  Personal Services   $9,079,302   $11,228,108   $0   $20,307,410  
  Operating Expenses   $2,228,967   $2,787,866   $794,724   $5,811,557  
           
  Total   $11,308,269   $14,015,974   $794,724   $26,118,967  
  F.T.E.         364.6  
           
    (4) Rehabilitation Services  
  Personal Services   $893,507   $5,513,017   $0   $6,406,524  
  Operating Expenses   $3,783,180   $11,941,550   $1,551,015   $17,275,745  
           
  Total   $4,676,687   $17,454,567   $1,551,015   $23,682,269  
  F.T.E.         102.1  
           
    (5) Telecommunication Devices for the Deaf  
  Operating Expenses   $0   $0   $1,301,680   $1,301,680  
           
  Total   $0   $0   $1,301,680   $1,301,680  
  F.T.E.         0.0  
           
    (6) Service to the Blind and Visually Impaired  
  Personal Services   $506,947   $1,259,398   $184,561   $1,950,906  
  Operating Expenses   $462,563   $1,404,748   $203,165   $2,070,476  
           
  Total   $969,510   $2,664,146   $387,726   $4,021,382  
  F.T.E.         29.2  
           
    (7) DEPARTMENT TOTAL, DEPARTMENT OF HUMAN SERVICES  
  Personal Services   $11,829,643   $19,343,835   $184,561   $31,358,039  
  Operating Expenses   $66,757,924   $95,779,241   $9,475,940   $172,013,105  
           
  Total   $78,587,567   $115,123,076   $9,660,501   $203,371,144  
  F.T.E.         533.4  
           
SECTION 23. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES  
    (1) Financial and Technical Assistance  
  Personal Services   $2,200,260   $1,689,611   $743,395   $4,633,266  
  Operating Expenses   $357,046   $625,504   $287,469   $1,270,019  
           
  Total   $2,557,306   $2,315,115   $1,030,864   $5,903,285  
  F.T.E.         56.5  
           
    (2) Environmental Services  
  Personal Services   $3,472,347   $3,892,799   $2,603,979   $9,969,125  
  Operating Expenses   $597,006   $2,125,343   $879,459   $3,601,808  
           
  Total   $4,069,353   $6,018,142   $3,483,438   $13,570,933  
  F.T.E.         119.0  
           
    (3) Regulated Response Fund - Informational  
  Operating Expenses   $0   $0   $1,750,002   $1,750,002  
           
  Total   $0   $0   $1,750,002   $1,750,002  
  F.T.E.         0.0  
           
    (4) Livestock Cleanup Fund - Informational  
  Operating Expenses   $0   $0   $765,000   $765,000  
           
  Total   $0   $0   $765,000   $765,000  
  F.T.E.         0.0  
           
    (5) Petroleum Release Compensation  
  Personal Services   $0   $0   $413,256   $413,256  
  Operating Expenses   $0   $0   $70,391   $70,391  
           
  Total   $0   $0   $483,647   $483,647  
  F.T.E.         5.0  
           
    (6) Petroleum Release Compensation - Informational  
  Operating Expenses   $0   $0   $2,100,000   $2,100,000  
           
  Total   $0   $0   $2,100,000   $2,100,000  
  F.T.E.         0.0  
           
    (7) DEPARTMENT TOTAL, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES  
  Personal Services   $5,672,607   $5,582,410   $3,760,630   $15,015,647  
  Operating Expenses   $954,052   $2,750,847   $5,852,321   $9,557,220  
           
  Total   $6,626,659   $8,333,257   $9,612,951   $24,572,867  
  F.T.E.         180.5  
           
SECTION 24. SOUTH DAKOTA RETIREMENT SYSTEM  
    (1) South Dakota Retirement System  
  Personal Services   $0   $0   $2,609,134   $2,609,134  
  Operating Expenses   $0   $0   $1,782,208   $1,782,208  
           
  Total   $0   $0   $4,391,342   $4,391,342  
  F.T.E.         33.0  
           
    (2) DEPARTMENT TOTAL, SOUTH DAKOTA RETIREMENT SYSTEM  
  Personal Services   $0   $0   $2,609,134   $2,609,134  
  Operating Expenses   $0   $0   $1,782,208   $1,782,208  
           
  Total   $0   $0   $4,391,342   $4,391,342  
  F.T.E.         33.0  
           
SECTION 25. PUBLIC UTILITIES COMMISSION  
    (1) Public Utilities Commission (PUC)  
  Personal Services   $523,718   $196,909   $2,296,057   $3,016,684  
  Operating Expenses   $53,141   $99,814   $1,557,394   $1,710,349  
           
  Total   $576,859   $296,723   $3,853,451   $4,727,033  
  F.T.E.         31.2  
           
    (2) DEPARTMENT TOTAL, PUBLIC UTILITIES COMMISSION  
  Personal Services   $523,718   $196,909   $2,296,057   $3,016,684  
  Operating Expenses   $53,141   $99,814   $1,557,394   $1,710,349  
           
  Total   $576,859   $296,723   $3,853,451   $4,727,033  
  F.T.E.         31.2  
           
SECTION 26. UNIFIED JUDICIAL SYSTEM  
    (1) State Bar Association - Informational  
  Personal Services   $0   $0   $241,032   $241,032  
  Operating Expenses   $0   $0   $334,689   $334,689  
           
  Total   $0   $0   $575,721   $575,721  
  F.T.E.         3.0  
           
    (2) Unified Judicial System  
  Personal Services   $39,658,761   $403,288   $2,692,836   $42,754,885  
  Operating Expenses   $4,692,284   $414,265   $6,322,104   $11,428,653  
           
  Total   $44,351,045   $817,553   $9,014,940   $54,183,538  
  F.T.E.         577.4  
           
    (3) DEPARTMENT TOTAL, UNIFIED JUDICIAL SYSTEM  
  Personal Services   $39,658,761   $403,288   $2,933,868   $42,995,917  
  Operating Expenses   $4,692,284   $414,265   $6,656,793   $11,763,342