STATE AFFAIRS AND GOVERNMENT

_______________


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\001.wpd
CHAPTER 1

(SJR 1)

Proposing an amendment to the Constitution.


        A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, relating to amendments to the Constitution.

BE IT RESOLVED BY THE SENATE OF THE STATE OF SOUTH DAKOTA, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN:

    Section 1. That at the next general election held in the state, the following amendment to Article XXIII, section 3 of the Constitution of the State of South Dakota, as set forth in section 2 of this Joint Resolution, which is hereby agreed to, shall be submitted to the electors of the state for approval.

    Section 2. That Article XXIII, section 3 of the Constitution of the State of South Dakota, be amended to read as follows:

    § 3. Any constitutional amendment or revision must be submitted to the voters and shall become a part of the Constitution only when approved by a majority not less than fifty-five percent of the votes cast thereon on the amendment or revision. The Legislature may provide for the withdrawal by its sponsors of an initiated amendment at any time prior to its submission to the voters.

     Filed March 6, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\001.wpd


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\002.wpd
CHAPTER 2

(HJR 1004)

Marsy's law revised.


        A JOINT RESOLUTION, Proposing and submitting to the electors at the next election a Constitutional amendment to revise certain provisions relating to the rights of crime victims.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH DAKOTA, THE SENATE CONCURRING THEREIN:

    Section 1. That at the next election held in the state, the following amendment to Article VI, section 29 of the Constitution of the State of South Dakota, as set forth in section 2 of this Joint Resolution, which is hereby agreed to, shall be submitted to the electors of the state for approval.

    Section 2.  That Article VI, section 29 of the Constitution of the State of South Dakota, be amended to read as follows:



    § 29. A victim shall have the following rights, beginning at the time of victimization:

    1. The right to due process and to be treated with fairness and respect for the victim's dignity;

    2. The right to be free from intimidation, harassment and abuse;

    3. The right to be reasonably protected from the accused and any person acting on behalf of the accused;

    4. The right to have the safety and welfare of the victim and the victim's family considered when setting bail or making release decisions;

    5. The right, upon request, to prevent the disclosure to the public, or the defendant or anyone acting on behalf of the defendant in the criminal case, of information or records that could be used to locate or harass the victim or the victim's family, or which could disclose confidential or privileged information about the victim, and to be notified of any request for such information or records. This does not limit law enforcement from sharing information with the public for the purposes of enlisting the public's help in solving a crime;

    6. The right, upon request, to privacy, which includes the right to refuse an interview, deposition or other discovery request, and to set reasonable conditions on the conduct of any such interaction to which the victim consents;

    7. The right, upon request, to reasonable, accurate and timely notice of, and to be present at, all proceedings involving the criminal or delinquent conduct, including release, plea, sentencing, adjudication and disposition, and any proceeding during which a right of the victim is implicated;

    8. The right, upon request, to be promptly notified of any release or escape of the accused;

    9. The right to be heard in any proceeding involving release, plea, sentencing, adjudication, disposition or parole, and any proceeding during which a right of the victim is implicated;

    10. The right, upon request, to confer with the attorney for the government;

    11. The right to provide information regarding the impact of the offender's conduct on the victim and the victim's family to the individual responsible for conducting any pre-sentence or disposition investigation or compiling any pre-sentence investigation report or plan of disposition, and to have any such information considered in any sentencing or disposition recommendations;

    12. The right, upon request, to receive a copy of any pre-sentence report or plan of disposition, and any other report or record relevant to the exercise of a victim's right, except for those portions made confidential by law;

    13. The right, upon request, to the prompt return of the victim's property when no longer needed as evidence in the case;

    14. The right to full and timely restitution in every case and from each offender for all losses suffered by the victim as a result of the criminal conduct and as provided by law for all losses suffered as a result of delinquent conduct. All monies and property collected from any person who has been ordered to make restitution shall be first applied to the restitution owed to the victim before paying any amounts owed to the government;

    15. The right to proceedings free from unreasonable delay, and to a prompt and final conclusion of the case and any related post-judgment proceedings;

    16. The right, upon request, to be informed of the conviction, adjudication, sentence, disposition,

place and time of incarceration, detention or other disposition of the offender, any scheduled release date of the offender, and the release of or the escape by the offender from custody;

    17. The right, upon request, to be informed in a timely manner of all post-judgment processes and procedures, to participate in such processes and procedures, to provide information to the release authority to be considered before any release decision is made, and to be notified of any release decision regarding the offender. Any parole authority shall extend the right to be heard to any person harmed by the offender;

    18. The right, upon request, to be informed in a timely manner of clemency and expungement procedures, to provide information to the Governor, the court, any clemency board and other authority in these procedures, and to have that information considered before a clemency or expungement decision is made, and to be notified of such decision in advance of any release of the offender; and

    19. The right to be informed of these rights, and to be informed that a victim can seek the advice of an attorney with respect to the victim's rights. This information shall be made available to the general public and provided to each crime victim in what is referred to as a Marsy's Card.

    The victim, the retained attorney of the victim, a lawful representative of the victim, or the attorney for the government, upon request of the victim, may assert and seek enforcement of the rights enumerated in this section and any other right afforded to a victim by law in any trial or appellate court, or before any other authority with jurisdiction over the case, as a matter of right. The court or other authority with jurisdiction shall act promptly on such a request, affording a remedy by due course of law for the violation of any right and ensuring that victims' rights and interests are protected in a manner no less vigorous than the protections afforded to criminal defendants and children accused of delinquency. The reasons for any decision regarding the disposition of a victim's right shall be clearly stated on the record.

    The granting of these rights to any victim shall ensure the victim has a meaningful role throughout the criminal and juvenile justice systems and may not be construed to deny or disparage other rights possessed by victims. All provisions of this section apply throughout criminal and juvenile justice processes, are self-enabling and require no further action by the Legislature. The Legislature, or the people by initiative or referendum, have the authority to enact substantive and procedural laws to further define, implement, preserve, and protect the rights guaranteed to victims by this section.

    As used in this section, the term, victim, means a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act or against whom the a crime or delinquent act is committed. The In the case of a victim who is killed or incapacitated as a result of the crime or delinquent act, or who is a minor, the term also includes any spouse, parent, child, sibling, or as designated by the court, grandparent, child, sibling, grandchild, or guardian, and any person with a relationship to the victim that is substantially similar to a listed relationship, and includes a lawful representative of a victim who is deceased, incompetent, a minor, or physically or mentally incapacitated. The term does not include the accused or a person whom the court finds would not act in the best interests of a deceased, incompetent, minor or incapacitated victim.

    Nothing in this section or any law enacted under this section creates a cause of action for damages against the state or any political subdivision of the state, or any officer, employee, or agent of the state or of any political subdivision of the state.

     Filed March 9, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\002.wpd




Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\003.wpd
CHAPTER 3

(HB 1162)

Appropriation to fund Mary's Law amendment
election for June primary.


        ENTITLED, An Act to provide for the placement of a proposed constitutional amendment on the ballot at a special election held at the same time as the next primary election, to make an appropriation therefor, and to declare an emergency.

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

    Section 1. The proposed amendment to the Constitution contained in House Joint Resolution 1004 as previously adopted by the Ninety-third Legislature shall be on the ballot for consideration at the primary election to be held on June 5, 2018.

    Section 2. Notwithstanding § 12-13-1, the deadline for the secretary of state to deliver a certified copy of the proposed amendment to the Constitution contained in House Joint Resolution 1004 as previously adopted by the Ninety-third Legislature together with a statement, title, explanation, and recitation of the effect of a "Yes" or "No" vote to be published preceding the text of the proposed amendment is April 11, 2018.

    Section 3. Notwithstanding § 12-13-9, the deadline for the attorney general to provide the statement, title, explanation, and recitation of a "Yes" or "No" vote for the amendment contained in House Joint Resolution 1004 as previously adopted by the Ninety-third Legislature shall be March 27, 2018.

    Section 4. Notwithstanding § 12-13-2, the deadline for county auditors to mail to each official newspaper of the county a copy of the amendment contained in House Joint Resolution 1004 as previously adopted by the Ninety-third Legislature shall be May 1, 2018.

    Section 5. There is hereby appropriated from the general fund the sum of two hundred thousand dollars ($200,000), or so much thereof as may be necessary, to the Office of the Secretary of State for the purposes of this Act.

    Section 6. The secretary of state shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

    Section 7. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.

    Section 8. 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 9, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\003.wpd




Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\004.wpd
CHAPTER 4

(HJR 1006)

An amendment to the Constitution
relating to amending the Constitution.


        A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, relating to amendments to the Constitution.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH DAKOTA, THE SENATE CONCURRING THEREIN:

    Section 1. That at the next general election held in the state, the following amendment to Article XXIII, section 1 of the Constitution of the State of South Dakota, as set forth in section 2 of this Joint Resolution, which is hereby agreed to, shall be submitted to the electors of the state for approval.

    Section 2. That Article XXIII, section 1 of the Constitution of the State of South Dakota, be amended to read as follows:

    § 1. Amendments to this Constitution may be proposed by initiative or by a majority vote of all members of each house of the Legislature. An amendment proposed by initiative shall require a petition signed by qualified voters equal in number to at least ten percent of the total votes cast for Governor in the last gubernatorial election. The petition containing the text of the proposed amendment and the names and addresses of its sponsors shall be filed at least one year before the next general election at which the proposed amendment is submitted to the voters. A proposed amendment may amend one or more articles and related subject matter in other articles as necessary to accomplish the objectives of the amendment; however, no proposed amendment may embrace more than one subject. If more than one amendment is submitted at the same election, each amendment shall be so prepared and distinguished that it can be voted upon separately.

     Filed March 9, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\004.wpd


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\005.wpd
CHAPTER 5

(SB 204)

Designate Peter Norbeck Day as a working holiday.


        ENTITLED, An Act to create and designate Peter Norbeck Day as a working holiday.

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

    Section 1. That chapter 1-5 be amended by adding a NEW SECTION to read:

    The twenty-seventh day of August, to be known as Peter Norbeck Day, shall be observed in this state as a working holiday. Peter Norbeck Day is dedicated to the remembrance and recognition of

South Dakota's first native-born governor and the founder of Custer State Park, Peter Norbeck.

     Signed March 21, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\005.wpd


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\006.wpd
CHAPTER 6

(HB 1102)

The use and display of the great seal of South Dakota.


        ENTITLED, An Act to revise certain provisions regarding the use and display of the great seal of South Dakota.

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

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

    1-6-1. There is hereby adopted as the official colored seal of the State of South Dakota, a reproduction of the seal, described in article XXI, section 1 of the Constitution of the State of South Dakota, and made in conformity therewith but whose with the Constitution. The proportions and colored detail are set out specifically in accord with an original painting of the great seal produced by John G. Moisan of Fort Pierre and shall be the basis for all reproductions of the great seal of the State of South Dakota. Any replica, facsimile, or reproduction of the state seal that is greater than one inch in diameter and used for an official purpose or a for-profit commercial use shall be a representation of the full and complete seal based upon S.D. Const., Art. XXI, § 1 and this section and shall include the state motto "Under God The People Rule." These requirements do not infringe upon or limit any artistic or satirical use of the seal. The secretary of state shall conduct an investigation for any violation of this section. If the secretary of state confirms that a violation has been committed, the secretary of state shall issue a cease and desist letter.

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

    Any use of the state seal by a state agency after July 1, 2018, shall comply with S.D. Const., Art. XXI, § 1 and §§ 1-6-1 and 1-6-2. Any use of the seal existing prior to that date may continue to be used.

     Signed February 14, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\006.wpd


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\007.wpd
CHAPTER 7

(SB 96)

Chislic.


        ENTITLED, An Act to designate chislic as the official nosh of the State of South Dakota.

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

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


    Chislic is hereby designated as the official nosh of South Dakota.

     Signed March 8, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\007.wpd


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\008.wpd
CHAPTER 8

(HB 1318)

The South Dakota Health and Educational Facilities Authority
may transfer or grant excess reserves to another entity.


        ENTITLED, An Act to authorize the South Dakota Health and Educational Facilities Authority to transfer or grant excess reserves to any South Dakota governmental entity.

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

    Section 1. That § 1-16A-15 be amended to read:

    1-16A-15. The authority shall have has the following powers together with all powers incidental thereto or necessary for the performance thereof:

            (1)    To have perpetual succession as a body politic and corporate;

            (2)    To adopt bylaws for the regulation of its affairs and the conduct of its business;

            (3)    To sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties;

            (4)    To have and to use a corporate seal and to alter the same at pleasure;

            (5)    To maintain an office at such place or places as it may designate;

            (6)    To do all things necessary and convenient to carry out the purposes of this chapter;

            (7)    To establish a minimum amount of cash and investment reserves; and

            (8)    To transfer or grant, or otherwise use, funds in excess of the minimum amount of reserves to any South Dakota governmental entity to further any purpose of the authority, including any purpose set forth in § 1-16A-1. This subdivision is repealed July 1, 2019.

    Section 2. That chapter 1-16A be amended by adding a NEW SECTION to read:

    Any determination of a minimum amount of cash and investment reserves and the existence of excess funds available for transfer, grant, or use pursuant to subdivision 1-16A-15(7), shall be evidenced by a resolution of the authority. In establishing the minimum amount of cash and investment reserves the authority shall include in the minimum amount of cash and investment reserves:

            (1)    Any funds that the authority determines are necessary for any expected operating expenses of the authority; and

            (2)    Any funds that are pledged to or otherwise reserved for payment of any amounts in respect of any issue of bonds or other obligations issued by the authority.

    The authority may require further findings or procedures that the authority deems necessary or appropriate regarding the establishment of a minimum amount of cash and investment reserves.

     Signed March 9, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\008.wpd


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\009.wpd
CHAPTER 9

(SB 18)

The South Dakota Board of Technical Education, revised.


        ENTITLED, An Act to revise certain provisions regarding the South Dakota Board of Technical Education.

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

    Section 1. That § 1-16A-95 be amended to read:

    1-16A-95. The issuance of any additional bonds, notes, or other obligations of the authority which that are payable out of receipts, rentals, and other payments made pursuant to lease purchase agreements with the Western Dakota Technical Institute, the Southeast Technical Institute, the Lake Area Technical Institute, the Mitchell Technical Institute, or the South Dakota Board of Technical Education under the authority of chapter 13-39A shall be approved by the Legislature before issuance. The South Dakota Board of Technical Education board shall approve the issuance of additional bonds, notes, or other obligations prior to issuance. The Legislature in accordance with §§ 1-16A-93 and 1-16A-94 and applicable administrative rules shall consider the Department of Education's board's analysis prior to authorizing any additional bonds, notes, or other obligations. The requirement, however, for approval by the Legislature before issuance does not apply to the issuance of bonds for the purposes of refinancing or refunding existing bonds, notes, or other obligations.

    Section 2. That § 13-1-62 be amended to read:

    13-1-62. The Board of Regents and the South Dakota Board of Technical Education Standards shall each compile the information received pursuant to §§ 13-1-60 and 13-1-61 and provide it the information to the Executive Board of the Legislative Research Council no later than November fifteenth of each year.

    Section 3. That § 13-55-9.4 be amended to read:

    13-55-9.4. Any person desiring to avail himself of applying for the benefits of provided by § 13-55-9.2 shall make submit an application to the Board of Regents or the South Dakota Board of Technical Education Standards therefor, and it shall be the duty of the. The respective boards to board receiving the application shall determine whether such the person so applying is entitled to the benefits of provided by § 13-55-9.2, at institutions under their an institution under the board's respective jurisdiction or control, and to that end the boards are authorized and empowered to. Each board may promulgate rules and regulations not inconsistent therewith in order to accomplish the purposes of §§ 13-55-9.1 to 13-55-9.7, inclusive, pursuant to chapter 1-26, to establish the application process and the process to determine an applicant's eligibility for the benefits.

    Section 4. That § 13-48-40 be amended to read:

    13-48-40. The Office of Attorney General, Division of Consumer Protection, shall review and

act on complaints any complaint, as such the term is defined by § 13-48-34, concerning postsecondary institutions providing educational programs at physical locations in the state, including, as necessary, requiring a postsecondary institution to cease its operations in the state. If a complaint relates to a postsecondary institution controlled by the Board of Regents, the attorney general shall refer the matter to the Board of Regents. If a complaint relates to a postsecondary institution with oversight by the South Dakota Board of Technical Education, the attorney general shall refer the matter to the South Dakota Board of Technical Education. In all other cases, the attorney general shall refer the complaint to the institution and provide the institution with no less than thirty days to respond to the matters set forth in the complaint, including an opportunity to demonstrate any actions it the institution has taken or plans to take in response to the complaint, and to consider whether the complainant has exhausted all available administrative remedies within the institutions's policies and procedures. In administering the requirements of this section, the attorney general may refer a complaint to an institution's accrediting agency for review and investigation, with the accrediting agency providing a report of its the agency's investigation to the attorney general for further disposition. In enforcing this chapter, the attorney general has all the enforcement powers, authorities, and remedies provided by chapter 37-24.

     Signed February 5, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\009.wpd


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\010.wpd
CHAPTER 10

(SB 81)

The Building South Dakota fund and the programs revised.


        ENTITLED, An Act to revise certain provisions regarding the building South Dakota fund and the programs funded thereunder.

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

    Section 1. That § 1-16G-47 be repealed.

    Section 2. That § 1-16G-48 be repealed.

    Section 3.  That § 1-16G-49 be amended to read:

    1-16G-49. Each department administering the funds received from § 1-16G-48 shall report annually to the Government Operations and Audit Committee about the operations and results of the building South Dakota fund programs.

    Section 4. That § 4-7-42 be repealed.

    Section 5. That § 4-7-43 be repealed.

    Section 6. That § 4-7-44 be repealed.

    Section 7. That § 1-16G-47.1 be amended to read:

    1-16G-47.1. Before the transfer of money to any fund under § 1-16G-48, the The commissioner of the Bureau of Finance and Management Governor's Office of Economic Development shall authorize and disburse money from the building South Dakota fund programs provided under §§ 1-16G-50 and 1-16G-51 for the following purposes:


            (1)    An amount to pay for any contracts entered into by the Governor's Office of Economic Development with an implementing partner to provide technical assistance to an applicant or monitoring service for any building South Dakota fund the local infrastructure improvement grant program; and
            (2)    An amount to pay the administrative expenses incurred by the Governor's Office of Economic Development for any building South Dakota fund the local infrastructure improvement grant program. The administrative expenses are limited to the salary and benefits of any personnel directly responsible for the administration of the programs.

    Section 8. That § 13-13-88 be amended to read:

    13-13-88. There is hereby created in the state treasury the workforce education fund to be used for the following purposes:

            (1)    To fund the limited English proficiency adjustment as referenced in § 13-13-89;

            (2)    Provide provide grants for the purposes of providing secondary career and technical education programs; and

            (3)    Provide one-time funding to the Department of Education for one-time education enhancement programs that are defined annually and approved by the Legislature.

    Any general funds appropriated to the workforce education program shall be transferred into the workforce education fund. Interest earned on money in the fund shall be deposited into the fund. Any money in the workforce education fund is continuously appropriated to the Department of Education for the purposes stated in this section and § 13-13-89. Any money deposited into and distributed from the fund shall be set forth in an informational budget as described in § 4-7-7.2.

    Section 9. That § 13-13-89 be amended to read:

    13-13-89. The secretary of the Department of Education shall authorize and disburse money from the workforce education fund to fund the state's share of the limited English proficiency adjustment as calculated by §§ 13-13-10.1 and 13-13-73 for state fiscal years 2014, 2015, and 2016. Beginning in fiscal year 2017, money from the workforce education fund shall be disbursed as follows:

            (1)    Two million five hundred thousand dollars shall be distributed to fund new and existing secondary career and technical education programs of which. In any fiscal year, up to two hundred fifty thousand dollars may be distributed to private, nonprofit entities that provide specialized career and technical services and education; and

            (2)    Any amount remaining in the fund after the distribution in subdivision (1) is made shall be allocated to the Department of Education for one-time education enhancement programs that are defined annually and approved by the Legislature.

    Section 10. That § 1-16G-50 be amended to read:

    1-16G-50. There is hereby created in the state treasury the local infrastructure improvement grant fund. The Board of Economic Development may award grants to any political subdivision of this state, tribal government, or local development corporation from the fund to construct or reconstruct infrastructure for the purpose of serving an economic development project. The board shall consult state agencies to evaluate the feasibility and merits of the proposed infrastructure improvements. The board shall consider the funding mechanisms available to and utilized by the applicant when making a decision to award a grant. Any general funds appropriated to the local infrastructure improvement program shall be transferred into the local infrastructure improvement grant fund. Interest earned on money in the fund shall be deposited into the fund. Any money in the local infrastructure improvement grant fund is continuously appropriated. Any money deposited into and distributed

from the fund shall be set forth in an informational budget as described in § 4-7-7.2.

    Section 11. That § 1-16G-51 be amended to read:

    1-16G-51. There is hereby created in the state treasury the economic development partnership fund. The Board of Economic Development may award grants to any nonprofit development corporation, tribal government, municipality, county, or other political subdivision of this state from the fund on a matching basis as provided in §§ 1-16G-52 and 1-16G-53. Interest earned on money in the fund shall be deposited into the fund. Any money in the economic development partnership fund is continuously appropriated. Any money deposited into and distributed from the fund shall be set forth in an informational budget as described in § 4-7-7.2.

    Section 12. That § 11-13-2 be amended to read:

    11-13-2. There is hereby created the South Dakota housing opportunity fund to be administered by the South Dakota Housing Development Authority for the purpose of preserving and expanding sustainable, affordable, and safe housing that is targeted to low and moderate income families and individuals in South Dakota. The authority may accept and expend for the purposes of this chapter any funds obtained from appropriations or any other source. Any money in the South Dakota housing opportunity fund is continuously appropriated. Any money deposited into and distributed from the fund shall be set forth in an informational budget as described in § 4-7-7.2. Any general funds appropriated to the housing opportunity program shall be transferred into the housing opportunity fund. Disbursement of funds to the authority shall be made after South Dakota housing opportunity funds have been obligated by the oversight commission created pursuant to § 11-13-8. Interest earned on money in the fund shall be deposited into the fund.

    Section 13. That § 11-13-8 be amended to read:

    11-13-8. Awards from the fund shall be made through a competitive process during an application cycle each year process. Each application shall be evaluated and scored based on criteria created by the administering agency and the oversight commission. Each applicant that is awarded money from the fund is encouraged to leverage the money for any project or program with other public and private dollars. Any program income or loan payments received shall be deposited into the account held by the South Dakota Housing Authority.

    Section 14. That § 1-7-10 be amended to read:

    1-7-10. There is hereby established in the state treasury a private activity bond fees fund. Any receipts or revenues into this fund are to be expended only if recommended by the Governor and approved by majority vote of the special committee created in chapter 4-8A or appropriated by an act of the Legislature. Each year, the fees from the private activity bond fees fund shall be transferred to the South Dakota housing opportunity fund. All money in the fund shall be expended in accordance with Title 4 on warrants drawn by the state auditor on vouchers approved by the Governor.

     Signed March 21, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\010.wpd




Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\011.wpd
CHAPTER 11

(SB 40)

Surplus real estate transferred
to the Ellsworth Development Authority.


        ENTITLED, An Act to authorize the transfer of certain surplus real estate in Rapid City to the Ellsworth Development Authority 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:

    The Commissioner of School and Public Lands shall transfer to the Ellsworth Development Authority all or any portion of the following real estate and any related personal property and improvements located on the property:

                Certain property described generally as Tract B in the Northeast Quarter of the Southeast Quarter and in the Southeast Quarter of the Southeast Quarter of Section 5, Township 1 North, Range 8 East of the Black Hills Meridian, City of Rapid City, Pennington County, South Dakota.

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

    Any real estate and related personal property and improvements on the property which are generally considered a part of the tracts described in this Act but not specifically included in the legal description set out in this Act may be transferred as provided in this Act as though the property and improvements were specifically described in this Act.

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

    Any transfer pursuant to this Act is subject to approval by the Governor and subject to all applicable constitutional reservations.

    Section 4. 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 February 5, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\011.wpd


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\012.wpd
CHAPTER 12

(HB 1018)

State agencies and the employment of public employees,
references revised.


        ENTITLED, An Act to update and revise certain references and provisions regarding state agencies and the employment of certain public employees.

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

    Section 1. That § 1-18B-3 be amended to read:

    1-18B-3. The secretary of education may, in accordance with the provisions of chapter 3-6A and within available appropriations, employ and compensate such personnel as it shall deem desirable and, pursuant to chapter 3-6D, as the secretary deems necessary and provide such supplies and equipment as may be necessary.

    Section 2. That § 1-45-6.6 be repealed.

    Section 3. That subdivision (12) of § 2-14-2 be amended to read:

            (12)    "Full-time equivalent" or "FTE," a number which that designates staffing level where one full-time equivalent position is equal to the number of days, Monday through Friday, in a fiscal year, multiplied by eight hours per day. It The term excludes: paid overtime hours; hours paid to an employee assigned to a light duty position as approved by the commissioner of the Bureau of Human Resources due to a temporary partial disability as defined in subdivision 62-1-1(8); hours paid for accumulated annual leave and sick leave upon employee termination; hours paid to patient employees of the institutions under the control of the Department of Human Services or the Department of Social Services and the Department of Veterans Affairs; hours paid to work-study students enrolled in postsecondary educational institutions or postsecondary students employed pursuant to chapter 3-6B § 1-33-10.1; hours paid to students enrolled in and employed by postsecondary educational institutions; and hours paid to members of boards and commissions pursuant to § 4-7-10.4. For purposes of salary computation a nine month or more per year full-time teaching or research faculty person, or the equivalent thereof, at the institutions under the jurisdiction of the Board of Regents shall be considered one full-time equivalent;

    Section 4. That § 3-6D-15 be amended to read:

    3-6D-15. If a grievance remains unresolved after exhaustion of a departmental grievance procedure, an employee may demand a hearing before the Civil Service Commission as provided for in contested cases in chapter 1-26; and. The proceedings shall be held as provided in chapter 1-26. The Civil Service Commission commission shall provide notice of the hearing within thirty calendar days of an employee's request for a hearing. The commission shall conduct a hearing within thirty calendar days of the notice of the hearing unless the hearing is continued for good cause or unless the commission determines, upon the motion of any party, that the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that a grievance, defense, or claim presents no genuine issue as to any material fact and a party is entitled to a judgment as a matter of law. The commission, upon the motion of any party, may dispose of any grievance, defense, or claim at the close of the evidence offered by the proponent of the grievance, defense, or claim if it the commission determines that the evidence offered by the proponent of the grievance, defense, or claim is legally insufficient to sustain the grievance, defense, or claim. The commissioner shall schedule the hearing to ensure compliance with the time frames provided in this section. If the grievant agrees, the commissioner may appoint a hearing examiner as authorized in § 1-26-18.1 § 1-26-18.3.

    Any final action or decision may be appealed pursuant to chapter 1-26.

    Section 5. That § 3-18-15.2 be amended to read:

    3-18-15.2. If, after following the grievance procedure enacted by the governing body, the grievance remains unresolved, except in cases provided for in § 3-6A-38 § 3-6D-15, it the grievance may be appealed to the Department of Labor and Regulation, if notice of appeal is filed by filing an

appeal with the department within thirty days after the final decision by the governing body is mailed or delivered to the employee. The Department of Labor and Regulation department shall conduct an investigation and hearing and shall issue an order covering the points raised, which order is binding on the employees employee and the governmental agency. However, the department, upon the motion of any party, may dispose of any grievance, defense, or claim:

            (1)    If the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and a party is entitled to a judgment as a matter of law; or

            (2)    At the close of the evidence offered by the proponent of the grievance, defense, or claim if it the department determines that the evidence offered by the proponent of the grievance, defense, or claim is legally insufficient to sustain the grievance, defense, or claim.

    Nothing in this section may be interpreted as giving gives the department power to grant tenure or promotion to a faculty member employed by the Board of Regents.

    Section 6. That § 13-47-1 be amended to read:

    13-47-1. There is created the South Dakota Board of Directors for Educational Telecommunications, which shall consist of the commissioner of information and telecommunications or an authorized representative, the executive director of the Board of Regents or an authorized representative, a representative of the Bureau of Information and Telecommunications selected by the secretary commissioner, and six others appointed by the Governor. At least one of the appointive members shall be representative of the nonpublic institutions of higher education in the state. The terms of the appointive members of the board shall be for a period of three years, two terms expiring each year. Not more than four of the appointive members may be from the same political party.

    Section 7. That § 13-47-4 be amended to read:

    13-47-4. The commissioner of information and telecommunications is hereby empowered and authorized to may employ such clerical help and assistants as may be necessary for the educational telecommunications office, subject to chapter 3-6A, and the 3-6D. The board is hereby empowered and authorized to may purchase such supplies and equipment as may be deemed necessary.

    Section 8. That § 23-3-7 be amended to read:

    23-3-7. The attorney general shall have authority to may employ such personnel as he may require the attorney general requires to perform the duties of the Division of Criminal Investigation. Such The personnel, other than the chief agent, shall be selected from those the persons so classified as eligible in pursuance to § 3-7-6, pursuant to § 3-6D-10 and shall be compensated for their services as provided in § 3-7-7 pursuant to § 3-6D-11.

    Section 9. That § 24-15-14 be amended to read:

    24-15-14. The Department of Corrections shall exercise supervision over all paroled prisoners, and shall, subject to chapter 3-6A,. The secretary of corrections shall employ or appoint such officers and employees, pursuant to chapter 3-6D, as may be necessary to accomplish the proper supervision of parolees, persons on parole under a suspended sentence, and inmates on work release or house arrest.

    Section 10. That § 28-9-27 be amended to read:

    28-9-27. The director of rehabilitation services shall employ, in accordance with chapter 3-6A,

such 3-6D, personnel as he the director deems necessary for the efficient performance of the Division of Rehabilitation Services.

    Section 11. That § 28-10-6 be amended to read:

    28-10-6. The director of service to the blind and visually impaired shall employ, in accordance with chapter 3-6A such pursuant to chapter 3-6D, personnel as he the director deems necessary for the efficient performance of the Division of Service to the Blind and Visually Impaired.

    Section 12. That § 32-2-3 be amended to read:

    32-2-3. The Department of Public Safety shall establish an adequate highway patrol by the employment of such full-time employees as it deems adequate, which. The employees shall be known and commissioned as agents of the Division of Highway Patrol. Such Each full-time employees shall be employee is required to pass suitable examinations and are is subject to all of the provisions contained in this chapter and chapter 3-7 3-6D pertaining to qualifications of such employees the employee.

    Section 13. That § 34-1-9 be amended to read:

    34-1-9. The secretary of health shall establish such divisions as may be necessary for the proper functioning of the State Department of Health and shall appoint all personnel necessary in the operation of the department in accordance with pursuant to chapter 3-6A 3-6D.

    Section 14. That § 34-48A-4 be amended to read:

    34-48A-4. The secretary of public safety may employ such technical, clerical, stenographic, and other personnel pursuant to chapter 3-6A, and 3-6D. The secretary may make expenditures from the appropriation therefor, or from other funds made available to him the secretary for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.

    Section 15. That § 36-11-63 be amended to read:

    36-11-63. All fees shall be paid to the secretary of the State Board of Pharmacy, and out. Out of the funds so collected the board may, in conformity with pursuant to chapter 3-6A 3-6D, employ such agents, inspectors, and clerical assistance and pay such expenses as may be necessary for the enforcement of the provisions of this chapter.

    Section 16. That § 36-19-7 be amended to read:

    36-19-7. The State Board of Funeral Service may, in accordance with pursuant to chapter 3-6A 3-6D, determine the compensation of the secretary and such other assistants as may be necessary to carry out the provisions of this chapter, and of the any rules and regulations adopted promulgated under it, and this chapter. The board may incur such other expenses as may be necessary. The compensation of the members and the other expenses of the board shall be paid out of the fees received from applicants and licensees.

    Section 17. That § 36-24-9.1 be amended to read:

    36-24-9.1. Board members Each board member shall receive a per diem set pursuant to § 4-7-10.4 and expenses at the same rate as other state employees while actually engaged in official duties. In accordance with chapter 3-6A, the The board, pursuant to chapter 3-6D, may hire office personnel necessary to carry on its perform the board's official duties.

    Section 18. That § 36-26-2 be amended to read:


    36-26-2. Since the profession of social work profoundly affects the lives of the people of this state, it is the purpose of this chapter to protect the public by setting standards of qualification, education, training, and experience for those who seek to engage each person engaging in the practice of social work and to promote high standards of professional performance for those any person engaged in the profession of social work except that. However, the provisions of this chapter shall do not apply to employees any employee of state government who are is covered by the provisions of chapter 3-6A 3-6D.

    Section 19. That § 36-26-8 be amended to read:

    36-26-8. The board members Each board member shall receive per diem set pursuant to § 4-7-10.4 and expenses at the same rate as other state employees while actually engaged in their the board's official duties. The secretary-treasurer shall be paid such additional compensation for his the secretary-treasurer's services as shall be unanimously agreed to by the full board membership. In accordance with chapter 3-6A, the The board shall have authority to, pursuant to chapter 3-6D, may hire office personnel deemed necessary by it the board for carrying on its the board's official duties and shall set the compensation to be paid said the personnel.

    Section 20. That § 36-32-7 be amended to read:

    36-32-7. The board members Each board member shall receive per diem set pursuant to § 4-7-10.4 and expenses at the same rate as other state employees while actually engaged in official duties. The board may either hire, in accordance with pursuant to chapter 3-6A 3-6D, office personnel or may enter into a contractual agreement to carry on its the board's official duties.

    Section 21. That § 40-3-7 be amended to read:

    40-3-7. The compensation and duties of the executive secretary and other assistants and employees of the Animal Industry Board shall be fixed by the board in accordance with pursuant to chapter 3-6A 3-6D. The members of the board Each board member shall receive as compensation for their the board's services the amount provided by law for each day necessarily employed in the performance of their the board's duties and such compensation and the expenses of members, secretaries, assistants, and employees, necessarily incurred in performance of public duty shall be paid from public funds.

    Section 22. That § 40-18-9 be amended to read:

    40-18-9. The board may in accordance with, pursuant to chapter 3-6A 3-6D, employ such persons as it may consider the board deems necessary to properly carry out the provisions of chapters 40-18 to 40-22, inclusive, and chapter 40-29, under the supervision and control of the board, and. The board may fix the salaries and compensation of such the persons employed and may make such expenditures as are necessary properly to carry out the provisions of chapters 40-18 to 40-22, inclusive, and chapter 40-29.

    Section 23. That § 41-2-11 be amended to read:

    41-2-11. The Department of Game, Fish and Parks may employ an adequate force of conservation officers to enforce the provisions of this title. Conservation officers Each conservation officer shall meet requirements as to education and training of law enforcement officers provided pursuant to chapter 23-3. The provisions of chapter 3-6A 3-6D apply to each conservation officers so employed officer.

    Section 24. That § 51A-2-6 be amended to read:

    51A-2-6. The division may employ such examiners and special examiners, legal counsel, clerks, stenographers and such other aides as it may deem deemed necessary to assist the director in the

performance of his the director's duties. The division shall fix the compensation of each employee and may dismiss any employee not subject to the provisions of chapter 3-6A 3-6D at will.

    Each person hired by the Division of Banking, in any capacity, shall agree to submit to a background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The division shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results from the background investigation. The division may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals that the person has been convicted of any financial crime, or any crime that otherwise reveals circumstances that reasonably suggest that the person should not be employed by the division.

     Signed February 22, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\012.wpd


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\013.wpd
CHAPTER 13

(HB 1037)

The South Dakota State Fair.


        ENTITLED, An Act to revise certain provisions regarding the South Dakota State Fair.

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

    Section 1. That § 1-21-6 be amended to read:

    1-21-6. The secretary of agriculture has supervision and control of the state fairgrounds throughout the year, the holding of an annual fair on the fairgrounds, the collection of exhibits for the fair and the promotion of agriculture, horticulture, manufacturing, and the domestic arts.

    Section 2. That § 1-21-9 be amended to read:

    1-21-9. The secretary of agriculture shall hold one state fair each year upon on the grounds provided for such purposes by the state at in the city of Huron.

    The term, fair, as used in this chapter means a bona fide exhibit of the four principal classes of livestock and of poultry, together with; mineral, agricultural, and horticultural products,; machinery,; mechanical,; and fine arts.

    Section 3. That § 1-21-10 be amended to read:

    1-21-10. The Department of Agriculture may hold a state fairs fair and other activities at in the city of Huron at such times as it may determine. The secretary of agriculture may promulgate rules pursuant to chapter 1-26 concerning:

            (1)    Traffic and camping regulation;

            (2)    Advertising on the fairgrounds;

            (3)    Admission policies;

            (4)    Employee policies;

            (5)    Exhibitor policies;

            (6)    Maintenance responsibilities;

            (7)    Entry requirements;

            (8)    Department superintendent duties;

            (9)    Health and heredity requirements for animals;

            (10)    The provision of feed and forage;

            (11)    Administration of stalls;

            (12)    Judges and judging;

            (13)    Protests and appeals;

            (14)    Premiums and awards;

            (15)    Space rental provisions and requirements;

            (16)    The establishment of opening and closing dates;

            (17)    The establishment and collection of fees for admission, parking, camping, entry, and exhibits, solicitation booths, and commercial exhibits; and

            (18)    Terms, conditions, and fees for the use of the fairgrounds and fairgrounds facilities when the state fair is not in progress.

    The department may collect exhibits, offer and pay premiums, fix the terms and times of admission to the grandstand and outside gate, appoint judges, employ personnel, and do any act necessary in the conduct of the state fairs and other activities. The department may adopt special rules governing specific premiums, awards, entry, and exhibit requirements and related policies pursuant to subdivision 1-26-1(8) within the scope of the general rules authorized pursuant to this section.

     Signed February 5, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\013.wpd


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\014.wpd
CHAPTER 14

(HB 1172)

Meeting requirements of certain public bodies.


        ENTITLED, An Act to revise certain provisions regarding meetings of certain public bodies.

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

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

    1-25-1. The official meetings of the state, its political subdivisions, and any public body of the state or its political subdivisions are open to the public unless a specific law is cited by the state, the political subdivision, or the public body to close the official meeting to the public. For the purposes of this section, a political subdivision or a public body of a political subdivision means any association, authority, board, commission, committee, council, task force, school district, county, city, town, township, or other agency of the state, which that is created or appointed by statute, ordinance, or resolution and is vested with the authority to exercise any sovereign power derived from state law. For the purposes of this section, an official meeting is any meeting of a quorum of a public body at which official business of that public body is discussed or decided, or public policy is formulated, whether in person or by means of teleconference.

    It is not an official meeting of one political subdivision or public body if its members provide information or attend the official meeting of another political subdivision or public body for which the notice requirements of § 1-25-1.1 have been met.

    Any official meeting may be conducted by teleconference as defined in § 1-25-1.2. A teleconference may be used to conduct a hearing or take final disposition regarding an administrative rule pursuant to § 1-26-4. A member is deemed present if the member answers present to the roll call conducted by teleconference for the purpose of determining a quorum. Each vote at an official meeting held by teleconference shall be taken by roll call.

    If the state, a political subdivision, or a public body conducts an official meeting by teleconference, the state, the political subdivision, or public body shall provide one or more places at which the public may listen to and participate in the teleconference meeting. For any official meeting held by teleconference, which has less than a quorum of the members of the public body participating in the meeting who are present at the location open to the public, arrangements shall be provided for the public to listen to the meeting via telephone or internet. The requirement to provide one or more places for the public to listen to the teleconference does not apply to an executive or closed meeting.

    The chair of the public body shall reserve at every official meeting by the public body a period for public comment, limited at the chair's discretion, but not so limited as to provide for no public comment.

    If a quorum of township supervisors, road district trustees, or trustees for a municipality of the third class meet solely for purposes of implementing previously publicly-adopted policy, carrying out ministerial functions of that township, district, or municipality, or undertaking a factual investigation of conditions related to public safety, the meeting is not subject to the provisions of this chapter.

    A violation of this section is a Class 2 misdemeanor.

     Signed March 22, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\014.wpd




Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\015.wpd
CHAPTER 15

(SB 212)

Bureau of Information and Telecommunications
assistance to schools.


        ENTITLED, An Act to revise certain provisions regarding the Bureau of Information and Telecommunications assistance to schools.

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

    Section 1. That § 1-33-43 be amended to read:

    1-33-43. The Bureau of Information and Telecommunications shall perform functions to include, but not be limited to:

            (1)    Providing technical and management assistance to state agencies and institutions as to systems or methods to be used to meet information and communication requirements efficiently and effectively;

            (2)    Developing and proposing operational technical standards for the state information systems which will ensure the interconnection of computer networks and information of state agencies;

            (3)    Purchasing from, or contracting with, suppliers and communications common carriers for communications facilities or services;

            (4)    Cooperating with any federal, state, or local emergency management agency in providing for emergency communication and information services;

            (5)    Providing, where deemed feasible, a means whereby local governmental agencies, the association authorized by § 13-8-10.1, and the school administrators of South Dakota may utilize the state communication and information systems and service; and

            (6)    In cooperation with the appropriate state agencies, plan, design, and conduct experiments in information services, equipment, and technology, and to implement enhancements in the state information system; and

            (7)    Providing, where deemed feasible, any tribally controlled school or Bureau of Indian Education school a means to utilize the state communication and information systems and service at the school's expense and purchase bandwidth at the same rate as other agencies listed in this chapter.

     Signed March 9, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\015.wpd




Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\016.wpd
CHAPTER 16

(SB 17)

The Division of Adult Services and Supports.


        ENTITLED, An Act to revise certain provisions regarding a division under the Department of Human Services.

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

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

    1-36-36. Each person hired by the Department of Social Services to serve as a social service aide, family services specialist, family services specialist supervisor, and regional manager in the Division of Child Protection Services or by the Department of Human Services as a home health aide, adult services and aging long term services and supports specialist, social services long term services and supports supervisor, and regional manager in the Division of Adult Services and Aging Long Term Services and Supports shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The department shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. 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 criminal background investigation. The department may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals a disqualifying record. Any person whose employment is subject to the requirements of this section shall pay any fees charged for the criminal record check.

    Section 2. That § 1-36A-1.3 be amended to read:

    1-36A-1.3. The Department of Human Services shall consist of the following agencies:

            (1)    The Division of Developmental Disabilities;

            (2)    South Dakota Developmental Center--Redfield;

            (3)    The Division of Rehabilitation Services;

            (4)    The Division of Service to the Blind and Visually Impaired; and

            (5)    The Division of Adult Services and Aging Long Term Services and Supports.

     Signed February 5, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\016.wpd




Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\017.wpd
CHAPTER 17

(SB 60)

Revised administrative rule-making authority
for the Department of Human Services.


        ENTITLED, An Act to revise the administrative rule-making authority for the Department of Human Services.

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

    Section 1. That § 1-36A-26 be amended to read:

    1-36A-26. The secretary may promulgate reasonable and necessary rules, pursuant to chapter 1-26, for the administration and operation of the program for adults and the elderly relating to the following areas:

            (1)    Services to enable recipients to remain in their own home and services to older persons in institutional and noninstitutional care;

            (2)    Legal services;

            (3)    Transportation services;

            (4)    Nutrition services;

            (5)    Information and referral services to help the elderly gain access to programs for their benefit;

            (6)    Eligibility for services;

            (7)    Amount, scope, and duration of services;

            (8)    The basis of payment to and the qualifications for providers of services;

            (9)    Administration of public grants, record keeping, and audit requirements;

            (10)    Requirements to obtain federal financial participation and ensure efficient operation and administration of the program;

            (11)    Adult protective services;

            (12)    Ombudsman services; and

            (13)    Payments for elderly, blind, and disabled persons residing in adult foster care or assisted living centers the person's own home or in an institutional or noninstitutional setting; and

            (14)    Preadmission Screening/Annual Resident Review (PASARR) as defined in § 27B-1-17.

     Signed February 8, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\017.wpd




Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\018.wpd
CHAPTER 18

(SB 89)

Term limits for members of the Board of Education Standards.


        ENTITLED, An Act to establish term limits for members of the Board of Education Standards.

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

    Section 1. That § 1-45-6.1 be amended to read:

    1-45-6.1. There is created within the Department of Education the South Dakota Board of Education Standards. The South Dakota Board of Education Standards shall consist of seven members. The members shall be appointed by the Governor with the advice and consent of the Senate. The terms of office for each member shall be four years and shall terminate December thirty-first of the fourth year. No member appointed after July 1, 2018, and without any previous service on the board, may serve more than three consecutive terms. However, after serving three consecutive terms, a member may be reappointed after at least two years have passed since the expiration of the member's last term. Any partial term to fill a vacancy on the board may not count against the three-term limit.

     Signed March 8, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\018.wpd


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\019.wpd
CHAPTER 19

(HB 1166)

Waiver authority revised for recommendations
by the School Finance Accountability Board.


        ENTITLED, An Act to revise certain provisions regarding waivers recommended by the School Finance Accountability Board.

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

    Section 1. That § 1-45-38 be amended to read:

    1-45-38. There is hereby created the School Finance Accountability Board within the Department of Education. The board shall consist of five members appointed by the Governor. The members shall serve a term of four years.

    The board may recommend that the provisions of § 13-13-73.5 be waived for a school district if the district can demonstrate that its lowest monthly general cash fund cash balance percentage is the result of special circumstances.

    The board may recommend that a penalty against a school district imposed under § 13-13-73.6 be waived, in whole or in part, if the district can demonstrate that its failure to comply with § 13-13-73.6 is due to special circumstances.

    The School Finance Accountability Board shall promulgate rules pursuant to chapter 1-26 to

establish the appeals process provided for in § 13-13-73.6, and to establish the factors that may be considered in considering a waiver requested by a school district, which shall include the impact of retirements.

    Any The Joint Committee on Appropriations or the Interim Committee on Appropriations shall review any waivers of § 13-13-73.5 or 13-13-73.6 recommended by the School Finance Accountability Board must be approved by the Joint Committee on Appropriations or the Interim Committee on Appropriations. For a waiver recommended by the board under this section, the committee may provide any suggested change to the waiver. Not more than thirty days following receipt of a suggested change from the committee, the board may amend the recommended waiver in accordance with the suggested change and shall resubmit the recommended waiver. The Joint Committee on Appropriations or the Interim Committee on Appropriations shall approve, amend, or deny any waiver recommended by the board. The Department of Education shall annually report to the Governor and the Legislature the information collected pursuant to §§ 13-8-47 and 13-13-73.6.

     Signed March 23, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\019.wpd


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\020.wpd
CHAPTER 20

(SB 76)

Department of Tribal Relations
to assist with the Help America Vote Act.


        ENTITLED, An Act to revise certain provisions regarding voter registration.

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:

    The Department of Tribal Relations, in off-election years, shall in cooperation with the secretary of state, counties, and tribes assist with the Help America Vote Act and assist with election grants, education, and satellite-voting center locations on Indian reservations.

     Certified March 26, 2018.

    CODE COUNSEL NOTE: This bill was certified in accordance with section 4 of Article 4 of the Constitution of the State of South Dakota.

_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\020.wpd



LEGISLATURE AND STATUTES

_______________


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\021.wpd
CHAPTER 21

(HB 1177)

The circulation of a petition for an initiated measure.


        ENTITLED, An Act to revise certain provisions relating to the circulation of a petition for an initiated measure.

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

    Section 1. 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 § 2-9-31; the name, phone number, and email address of each petition sponsor; the name, phone number, and email address of the petition circulator; 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 2. 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 § 2-9-31; the name, phone number, and email address of each petition sponsor; the name, phone number, and email address of the petition circulator; 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 3. 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 § 2-9-32; the name, phone number, and email address of each petition sponsor; the name, phone number, and email address of the petition circulator; 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 23, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\021.wpd


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\022.wpd
CHAPTER 22

(HB 1196)

Verification of residency of petition circulators.


        ENTITLED, An Act to revise certain provisions regarding verification of residency of petition circulators.

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

    Section 1. That § 2-1-1.3 be amended to read:

    2-1-1.3. Terms used in this chapter mean:

            (1)    "Petition circulator," any resident of the State of South Dakota who is at least eighteen years of age and who circulates a nominating petition or other petition for the purpose of placing a candidate or issue on any election ballot the same as the term is defined under § 12-1-3;

            (2)    "Petition sponsor," any person who proposes the placement of a statewide ballot measure on the ballot.

    Section 2. 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)(5)    "Electronic pollbook," an electronic system containing both the registration list and pollbook;

            (5)(6)    "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)(7)    "Paid circulator," any person who receives money or anything of value for collecting signatures for a petition;

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

            (7)(9)    "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)(10)    "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)(11)    "Petition circulator," a resident of the State of South Dakota as defined under § 12-1-4, 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)(12)    "Political party," a party whose candidate for any statewide office at the last preceding general election received at least two and one-half percent of the total votes cast for that statewide office;

            (10A)(13)    "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)(14)    "Polling place," a designated place voters may go to vote;

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

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

            (12A)(17)    "Registration list," a list of eligible voters;

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

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

            (14A)(20)    "Vote center," a polling place when the precinct has been defined as the entire jurisdiction and an electronic pollbook is utilized;

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

            (16)(22)    "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)(23)    "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)(24)    "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 3. 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 § 2-9-31; 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 sworn affidavit form, signed by at least two-thirds of the petition sponsors, containing information required for each petition circulator as required under section 6 of this Act and 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 4. 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 § 2-9-31; 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 sworn affidavit form, signed by at least two-thirds of the petition sponsors, containing information required for each petition circulator as required under section 6 of this Act and 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 5. 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, containing information required for each petition circulator as required under section 6 of this Act and 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 § 2-9-32; 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.

    Section 6. That chapter 2-1 be amended by adding a NEW SECTION to read:

    A sworn affidavit filed with the secretary of state pursuant to § 2-1-1.1, 2-1-1.2, or 2-1-3.1 shall include information attesting to residency as defined in § 12-1-4 of each petition circulator. The following information shall be included in the affidavit:

            (1)    Current state in which the petition circulator is licensed to drive, driver license number, and expiration date;

            (2)    Current state of voter registration;

            (3)    Length of time at current physical street address and previous two addresses, and whether the prior addresses were located in South Dakota;

            (4)    A sworn statement by the petition circulator indicating the circulator's intention to stay in the state after the petition circulation deadline;

            (5)    Any other information relevant to indicate residency, including a library card or utility

bill;

            (6)    Whether the petition circulator pays in-state tuition at any public postsecondary educational institution, if applicable; and

            (7)    Whether the petition circulator obtains any resident hunting or resident fishing license of any kind, if applicable.

    The information included in the affidavit are factors in determining residency but are not determinative. The contents under this section of any affidavit filed with the secretary of state shall be held confidential by the secretary of state, and the secretary of state may release the contents only to an interested person for purposes of § 2-1-18 and to the attorney general. Failure to substantially comply with the provisions of this section shall disqualify the petitions from a petition circulator not in substantial compliance with this section from being considered.

    Section 7. That chapter 2-1 be amended by adding a NEW SECTION to read:

    If any petition sponsor, or any person or entity compensated by the petition sponsor or a ballot question committee for purposes of petition circulation, knowingly or with reckless disregard commits multiple violations of the law regarding petition circulation, residency of a petition circulator, or campaign finance regulation, the petition sponsor, person, or entity, including any person serving as a member of the board or as an officer of the entity, is prohibited from being a petition sponsor or petition circulator, and from performing any work for any ballot question committee for a period of four years in addition to any other penalty imposed under state or federal law. Any violation of the provisions of this section shall also result in a civil penalty of up to five thousand dollars to be deposited into the state general fund.

    Section 8. That § 2-1-10 be amended to read:

    2-1-10. Each person, who circulates and secures signatures to Before filing a petition to initiate a constitutional amendment or other an amendment to the Constitution, initiated measure, or to refer legislation to the electors, shall sign a verification before filing the petition referred law with the officer in whose office it the petition is by law required to be filed. The verification shall prescribe, each petition circulator shall sign a verification attesting that the circulator personally circulated the petition and is not attesting to any signature obtained by any other person, that the petition circulator is a resident of South Dakota, that the circulator made reasonable inquiry and, to the best of the circulator's knowledge, each person signing the petition is a qualified voter of the state in the county indicated on the signature line and that no state statute regarding the circulation of petitions was knowingly violated. The State Board of Elections shall prescribe the form for the verification. The verification shall be complete and the affixing of the circulator's signature on the verification shall be witnessed and notarized by a notary public commissioned in South Dakota or other officer authorized to administer oaths pursuant to § 18-3-1. Any person who falsely swears attests to the verification provided for in under this section is guilty of a Class 1 misdemeanor.

     Signed March 23, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\022.wpd




Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\023.wpd
CHAPTER 23

(HB 1007)

Initiated measure may embrace only one subject.


        ENTITLED, An Act to require any initiated measure to embrace only one subject.

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

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

    No initiated measure may embrace more than one subject, which shall be expressed in the title.

     Signed March 9, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\023.wpd


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\024.wpd
CHAPTER 24

(HB 1304)

Challenges to petition signatures.


        ENTITLED, An Act to revise certain provisions regarding challenges to petition signatures.

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

    Section 1. That § 2-1-17.1 be amended to read:

    2-1-17.1. Within Not more than thirty days after a statewide petition for an initiated constitutional amendment to the Constitution, initiated measure, or referendum referred law has been validated and filed, any interested person who has researched the signatures contained on the petition may submit an a sworn affidavit to the Office of Secretary of State to challenge the petition. The sworn affidavit shall include an itemized listing of each specific deficiency in question. Any challenge to the following items is prohibited under this challenge process other than the following:

            (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 sworn affidavit.

    The original signed sworn affidavit shall be received by the Office of Secretary of State by 5:00 p.m. central time on the deadline date. If the sworn affidavit challenges any item deficiency that is

prohibited by under this section, only that line item deficiency shall summarily be rejected. A challenge to a line item deficiency is not a challenge to the petition as a whole.

    The secretary of state's decision regarding a challenge No deficiency may not be challenged a second time with the secretary of state, but. The secretary of state's decision regarding a challenge under this section may be appealed to the circuit court of Hughes County. If a Any person fails to who does not 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 may bring a challenge pursuant to § 2-1-18.

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

    2-1-18. Nothing in §§ 2-1-15 to 2-1-18, inclusive, prohibits any interested person who has researched the signatures contained on a validated petition from challenging in circuit court the validity of signatures any signature, the veracity of the petition circulator's attestation, or any other information required on a petition by statute or administrative rule. A challenge to a petition in circuit court may include items, including any deficiency that is prohibited in from challenge under § 2-1-17.1. The results of the process of signature verification by the Office of the Secretary of State under chapter 2-1 shall be presumed valid as applied to all signatures for purposes of considering any additional ground for disqualifying petition signatures, including any ground listed in subdivisions 2-1-17.1(1) to 2-1-17.1(4), inclusive, and cumulating total valid signatures to determine the results of an appeal under § 2-1-17.1. The summons and complaint for a challenge under this section shall be served on each petition sponsor as a party defending the validated petition being challenged. Any appearance by the attorney general at a challenge under this section shall be limited to the process of signature verification by the Office of the Secretary of State under chapter 2-1.

     Signed March 21, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\024.wpd


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\025.wpd
CHAPTER 25

(HB 1311)

Legislator salaries,


        ENTITLED, An Act to revise certain provisions regarding legislator salaries.

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

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

    2-4-2. The salary of each member of the Legislature is six thousand dollars equal to one-fifth of the South Dakota median household income reported by the United States Census Current Population Survey, as ascertained and adjusted each year by the State Board of Finance to take effect on the first day of January of each year for every regular legislative session. In addition, each legislator shall receive:

            (1)    Reimbursement to be paid after the legislative session for actual mileage or its equivalent traveled to and from home not more than once each weekend or between days of recess during the regular legislative session, at state rates established by the Board of Finance;

            (2)    Expenses of one hundred twenty-three dollars per day for each day of a regular or special legislative session as prepaid reimbursement for living expenses, including meals and lodging, laundry, cleaning and pressing of clothing, and all other uncompensated expenses

as defined in § 2-4-2.1 incident to the performance of legislative services, or at the amount fixed for the per diem allowance that is authorized by the United States Internal Revenue Service to be excluded from the gross income without itemization as of October first each year, whichever of the two is greater; and

            (3)    Five cents once each session for every mile of necessary travel in going to and returning from the place of meeting of the Legislature by the most usual route.

    For each day's attendance at special sessions, each member, in addition to mileage and expenses, shall receive a per diem calculated by the director of the Legislative Research Council equal to the normal daily compensation for the regular session immediately preceding the special session.

     Signed March 23, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\025.wpd


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\026.wpd
CHAPTER 26

(SB 125)

Authority of the Government Operations Committee revised.


        ENTITLED, An Act to clarify the authority of the Government Operations and Audit Committee to issue a subpoena.

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

    Section 1. That § 2-6-4 be amended to read:

    2-6-4. The Government Operations and Audit Committee may examine all records and vouchers, summon witnesses by request or by issuing a subpoena, and thoroughly examine all expenditures and the general management of each department of state government. The Government Operations and Audit Committee may issue a subpoena for the person, documents, or both and use the procedure provided in chapter 21-34 to enforce its subpoena when the subject of the subpoena refuses to comply with the command to appear and testify before the committee. However, no subpoena may be issued until the decision to issue a subpoena by the Government Operations and Audit Committee has been ratified by the Executive Board of the Legislative Research Council.

    Section 2. That chapter 2-6 be amended by adding a NEW SECTION to read:

    Before a subpoena may be issued by the Government Operations and Audit Committee, the committee shall determine that:

            (1)    A legislative purpose exists pursuant to §§ 2-6-2 and 2-6-4;

            (2)    The subpoenaed person or documents are relevant and material to accomplish the legislative purpose; and

            (3)    The information sought is not otherwise practically available.

    It is not a legislative purpose to subpoena a person or documents to collect information that may be used for a criminal proceeding or to legislatively determine guilt or inflict punishment upon an identifiable person.

     Signed March 23, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\026.wpd



Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\027.wpd
CHAPTER 27

(SB 9)

Fiscal notes for certain initiated measures
and initiated amendments to the Constitution.


        ENTITLED, An Act to require fiscal notes for certain initiated measures and initiated amendments to the Constitution.

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:

    For any initiated measure or initiated amendment to the Constitution submitted to the director of the Legislative Research Council pursuant to § 12-13-25 prior to July 1, 2017, and certified by the secretary of state pursuant to § 2-1-17 for placement on the ballot during the general election of 2018, the secretary of state shall request a determination from the director under § 2-9-30. If the director of the Legislative Research Council makes a determination pursuant to § 2-9-30 that the initiated measure or initiated amendment to the Constitution has no impact, the director shall notify the sponsor and the secretary of state that the measure or amendment has no impact. If the director of the Legislative Research Council makes a determination pursuant to § 2-9-30 that the measure or amendment has an impact, the director shall prepare a fiscal note pursuant to § 2-9-31. The secretary of state shall include the fiscal note, if any, on the ballot pursuant to § 12-13-25.1.

     Signed March 8, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\027.wpd


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\028.wpd
CHAPTER 28

(HB 1137)

The registration of lobbyists.


        ENTITLED, An Act to revise certain provisions regarding the registration of lobbyists.

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

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

    2-12-2. The secretary of state shall prepare and keep a directory of registered lobbyists, in conformity with the provisions of this chapter, in which shall be entered the names of all persons employed for any purpose in connection with any legislation included within the terms of this chapter. The directory shall contain the name and business address of the employer, the name, city and state of residence, email address, phone number, and occupation of the person employed, the date of the employment or agreement therefor, the length of time the employment is to continue, if such time can be determined, and the special subject or subjects of legislation, if any, to which the employment relates. The directory shall be a public record and open to the inspection of any citizen, upon demand, at any time during the regular business hours of the Office of the Secretary of State.

     Signed March 7, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\028.wpd




Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\029.wpd
CHAPTER 29

(HB 1129)

Revise definition for full-time-equivalent.


        ENTITLED, An Act to revise certain provisions regarding full-time equivalent positions.

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

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

    2-14-2. Terms used throughout the code of laws enacted by § 2-16-13, mean:

            (1)    "According to usage," that which is usual and customary;

            (2)    "Adult," any person who is not a minor as defined in chapter 26-1;

            (3)    "Children" includes children by birth and by adoption;

            (4)    "Compound interest," interest added to the principal as the interest becomes due, and thereafter made to bear interest;

            (5)    "Corporate surety," a corporation acting as surety for a principal obligor, and which corporation is duly authorized under the laws of this state to transact business which involves acting as such surety;

            (6)    "Creditor," except as defined and used in chapters 54-1 and 54-9, everyone to whom is owed the performance of an obligation;

            (7)    "Day," the period from midnight to midnight;

            (8)    "Debtor," except as defined and used in chapters 54-1 and 54-9, everyone who owes to another the performance of an obligation;

            (9)    "Decree," the same meaning as the word "judgment";

            (10)    "Depose," every mode of written statement under oath or affirmation;

            (11)    "Folio," one hundred words, counting every series of figures necessarily used, as a word; and any portion of a folio when in the whole draft or paper there shall not be a complete folio and when there shall be any excess of the last folio;

            (12)    "Full-time equivalent" or "FTE," a number which designates staffing level where one full-time equivalent position is equal to the number of days, Monday through Friday, in a fiscal year, multiplied by eight hours per day. It excludes: paid overtime hours; hours paid to an employee assigned to a light duty position as approved by the commissioner of the Bureau of Human Resources due to a temporary partial disability as defined in subdivision 62-1-1(8); hours paid for accumulated annual leave and sick leave upon employee termination; hours paid to patient employees of the institutions under the control of the Department of Human Services or the Department of Social Services and the Department of Veterans Affairs; hours paid to work-study students enrolled in postsecondary educational institutions or postsecondary students employed pursuant to chapter 3-6B through internships in the legislative branch, judicial branch, or the

executive branch; hours paid to students enrolled in and employed by postsecondary educational institutions; and hours paid to members of boards and commissions pursuant to § 4-7-10.4. For purposes of salary computation a nine month or more per year full-time teaching or research faculty person, or the equivalent thereof, at the institutions under the jurisdiction of the Board of Regents shall be considered one full-time equivalent;

            (13)    "Good faith," an honest intention to abstain from taking any unconscientious advantage of another, even through the forms or technicalities of law, together with an absence of all information or belief of facts which would render the transaction unconscientious;

            (14)    "Indian tribe," any government of any Indian tribe which is located either wholly or partially within the State of South Dakota and which has a constitution or a charter approved by the secretary of the Department of the Interior and which possesses the powers of self-government;

            (15)    "Month," a calendar month;

            (16)    "Municipality," any municipality organized as provided in Title 9;

            (17)    "Oath" includes affirmation;

            (18)    "Person" includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations;

            (19)    "Personal property" includes money, goods, chattels, things in action, and evidences of debt;

            (20)    "Population," the number of inhabitants as determined by the last preceding federal census;

            (21)    "Property" includes property, real and personal;

            (22)    "Real property" is coextensive with lands, tenements, and hereditaments;

            (23)    "Seal" includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper;

            (24)    "Several," in relation to number, two or more;

            (25)    "Signature or subscription" includes mark, if the person cannot write, the person's name being written near such mark, and written by a person who writes the person's own name as a witness;

            (26)    "State," the State of South Dakota;

            (27)    "Testify," every mode of oral statement under oath or affirmation;

            (28)    "Third persons" includes all who are not parties to the obligation or transaction concerning which the phrase is used;

            (29)    "Township boards," the board of supervisors of any organized township;

            (30)    "Usual and customary," according to usage; usage is a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties, or so well established, general, and uniform, that they must be presumed

to have acted with reference thereto;

            (31)    "Valuable consideration," a thing of value parted with, or a new obligation assumed at the time of obtaining the thing, which is a substantial compensation for that which is obtained thereby. It is also called simply "value";

            (32)    "Verdict" includes not only the verdict of a jury, but also the finding upon the facts of a judge, or of a referee appointed to determine the issues in a cause;

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

            (34)    "Will" includes a codicil or codicils;

            (35)    "Writing" and "written" include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. Writing may be made in any manner, except that when a person entitled to require the execution of a writing demands that it be made with ink, it must be so made;

            (36)    "Year," a calendar year.

     Signed March 23, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\029.wpd


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\030.wpd
CHAPTER 30

(SB 10)

Resolution of conflicts by multiple measures
and amendments adopted at the same election.


        ENTITLED, An Act to provide for the resolution of conflicts by multiple initiated measures and amendments to the Constitution adopted at the same election.

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

    Section 1. That chapter 2-14 be amended by adding a NEW SECTION to read:

    If two or more initiated measures or amendments to the Constitution are approved by the voters at the same election, each initiated measure or amendment shall be given effect, unless the initiated measures or amendments conflict or a contrary intent plainly appears. For purposes of any conflict or the determination of intent under this section, the initiated measure or amendment receiving the greatest number of affirmative votes at the election shall be given effect.

     Signed March 6, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\030.wpd




Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\031.wpd
CHAPTER 31

(HB 1017)

Legislation enacted in 2017, codified.


        ENTITLED, An Act to codify legislation enacted in 2017.

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 2016 revision of volume 12;

            (14)    The 2004 revision of volume 13;

            (15)    The 2006 2017 revision of volume 14;

            (16)    The 2016 revision of volume 15;

            (17)    The 2013 revision of volume 16;

            (18)    The 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 2017 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 2016 2017 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 2016 2017 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, 2017 2018, 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 2017 2018 session of the Legislature shall be deemed to have been enacted subsequently to the enactment of this code. If any statute repeals, amends, contravenes, or is inconsistent with the provisions of this code, the provisions of the statute shall prevail. Any enactment in the 2017 2018 session of the Legislature 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 28, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\031.wpd

PUBLIC OFFICERS AND EMPLOYEES

_______________


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\032.wpd
CHAPTER 32

(SB 35)

Correctional security staff revisions
in the South Dakota Retirement System.


        ENTITLED, An Act to revise the classification of juvenile corrections agents in the South Dakota Retirement System and to revise certain terminology regarding correctional staff.

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

    Section 1. That subdivision (18) of § 3-12-47 be amended to read:

            (18)    "Class B member," a member who is a justice, judge, state law enforcement officer, magistrate judge, police officer, firefighter, county sheriff, deputy county sheriff, penitentiary correctional security staff, parole agent, air rescue firefighter, campus security officer, court services officer, juvenile corrections agent, conservation officer, or park ranger and is either a foundation member or a generational member;

    Section 2. That § 3-12-47 be amended by adding a NEW SUBDIVISION to read:

            (26A)    "Correctional security staff," the warden, deputy warden, and any other correctional staff holding a security position as verified by the Department of Corrections and approved by the Bureau of Human Resources and the Bureau of Finance and Management, and determined by the board as Class B members;

    Section 3. That § 3-12-47 be amended by adding a NEW SUBDIVISION to read:

            (50A)    "Juvenile corrections agent," a designee of the secretary of corrections charged with the care, custody, and control of juveniles committed to the Department of Corrections until the age of twenty-one;

    Section 4. That subdivision (64) of § 3-12-47 be amended to read:

            (64)    "Penitentiary correctional staff," the warden, deputy warden, and any other correctional staff holding a security position as determined by the Department of Corrections and

approved by the Bureau of Human Resources and the Bureau of Finance and Management. For purposes of administration of this chapter final determination of penitentiary correctional staff as Class B members shall be made by the board of trustees based on the recommendation of the Department of Corrections, Bureau of Human Resources, and the Bureau of Finance and Management;


    Section 5. That § 3-12-92.1 be amended to read:

    3-12-92.1. For purposes of determining the benefits of a penitentiary correctional security staff, for credited service earned prior to July 1, 1978, the benefits shall be calculated pursuant to § 3-12-91 and for credited service after July 1, 1978, the benefits shall be calculated pursuant to § 3-12-92.

    Section 6. That § 3-12-130 be amended to read:

    3-12-130. A current contributing Class B member other than a justice, judge, or magistrate judge, may convert credited service as a county sheriff or deputy county sheriff before January 1, 1980, or credited service as a county sheriff or deputy county sheriff while not certified from January 1, 1980, to June 30, 1988, inclusive; credited service as a police officer while not certified from July 1, 1983, to June 30, 1988, inclusive; credited service as a penitentiary correctional security staff member before July 1, 1978; credited service as a conservation officer before July 1, 1983; credited service as a parole agent before July 1, 1991; and credited service as an air rescue firefighter before July 1, 1992, from credited service as a Class A member with benefits provided in accordance with § 3-12-91 to credited service as a Class B member other than a justice, judge, or magistrate judge, with benefits provided in accordance with § 3-12-92, by election to make, or have made on the member's behalf, contributions based on the higher of the member's current compensation, or the member's final average compensation calculated as if the member retired on the date of election, at an actuarially-determined percentage times each year of service for which the member wishes to receive Class B credit. The provisions of this section also apply to a current contributing Class B member, other than a justice, judge, or magistrate judge, who previously has purchased equivalent public service pursuant to the provisions of § 3-12-84.

    Payment of a deposit with the system for the conversion of credited service in accordance with this section shall be determined and due at the time the notice of intention to make the payment is received by the system. The amount due may be paid by periodic level installments over a period of up to ten years, the value of which, if discounted for interest at the assumed rate of return, is equal to the amount due at the date of the notice. If a member dies before completion of the installment payments, the surviving spouse may complete the payments due to the system, but unless the payments are being made by a participating unit, the amount shall be paid in full within ninety days of the member's death or retirement. If the periodic payments are not completed or paid when due, the executive director may make a pro rata adjustment to the credited service, benefits payable under this chapter or schedule of payments to allow for the default.

    If the credited service of any member or group of members becomes Class B credited service on a prospective basis after June 30, 1993, the prior credited service as a Class A member may be converted to Class B credited service in accordance with this section. If a jailer becomes a Class B member other than a justice, judge, or magistrate judge, the jailer is eligible to convert prior credited service as a jailer under this section.

     Signed February 14, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\032.wpd




Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\033.wpd
CHAPTER 33

(SB 36)

Revisions for the South Dakota Retirement System.


        ENTITLED, An Act to revise certain provisions regarding the South Dakota Retirement System.

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

    Section 1. That subdivision (2) of § 3-12-47 be amended to read:

            (2)    "Actuarial requirement," the normal cost and the interest on and amortization of the unfunded actuarial accrued liability accumulated to date over a thirty year period, all expressed in terms of a percentage of covered payroll;

    Section 2. That subdivision (5) of § 3-12-47 be amended to read:

            (5)    "Actuarial value of assets," the total assets of the system, taking market appreciation into account on a rational and systematic basis equal to the fair value of assets;

    Section 3. That § 3-12-47 be amended by adding a NEW SUBDIVISION to read:

            (5A)    "Actuarially determined contribution rate," the fixed, statutory contribution rate, no less than the normal cost rate with expenses assuming the minimum COLA, and no greater than the normal cost rate with expenses assuming the maximum COLA;

    Section 4. That subdivision (21) of § 3-12-47 be amended to read:

            (21)    "Classified employees," employees of public school districts who are not required by law to be certified as teachers, employees of the colleges and universities under the control of the board of regents who are not faculty or administrators and come within the provisions of chapter 3-6A 3-6D, employees of public corporations, employees of chartered governmental units, and all other participating employees not elsewhere provided for in this chapter;

    Section 5. 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, 2017 2018;

    Section 6. That subdivision (85) of § 3-12-47 be amended to read:

            (85)    "Supplemental pension participant," any member who is a retiree receiving a benefit from the system, or, if the member is deceased, the member's surviving spouse who is receiving a benefit from the system, and who chooses to purchase a supplemental pension benefit pursuant to the provisions of this chapter;

    Section 7. That § 3-12-48 be amended to read:

    3-12-48. There is created a governing authority of the system to consist of a board known as the Board of Trustees. Voting representation on the board shall be the following:

            (1)    Two state employee members;

            (2)    Two teacher members;

            (3)    A participating municipality member;

            (4)    A participating county member;

            (5)    A participating classified employee member;

            (6)    A current contributing Class B member other than a justice, judge, or magistrate judge;

            (7)    A justice, judge, or magistrate judge;

            (8)    One head of a principal department established pursuant to § 1-32-2, or one head of a bureau under the Department of Executive Management established pursuant to § 1-33-3 appointed by the Governor;

            (9)    An individual appointed by the Governor;

            (10)    A county commissioner of a participating county;

            (11)    A school district board member;

            (12)    An elected municipal official of a participating municipality;

            (13)    A retiree; and

            (14)    A faculty or administrative member employed by the Board of Regents and not subject to the provisions of chapter 3-6A 3-6D.

    A representative of the State Investment Council shall serve as an ex officio nonvoting member.

    Section 8. That § 3-12-57.1 be amended to read:

    3-12-57.1. Any person aggrieved by a final determination made by the system's staff may request review of the final determination and a decision by the executive director if the request is made in writing within thirty days after receiving the final determination. The person, if then aggrieved by the executive director's decision, may appeal the decision, if the person files a written notice of appeal with the executive director within thirty days of the date of the decision. The notice shall identify the person appealing and the decision appealed. The appeal shall be conducted by a hearing examiner in accordance with chapter 1-26. The hearing examiner, after hearing the evidence in the matter, shall make proposed findings of fact and conclusions of law, and a proposed decision. The executive director shall accept, reject, or modify those the findings, conclusions, and decision of the hearing examiner and such action constitutes the final agency decision. Alternatively, the executive director may appoint the hearing examiner to make the final agency decision. The executive director may arrange for the assistance of private counsel throughout the executive director's review of the proposal. The executive director's action constitutes the final agency decision. The final agency decision may be appealed to circuit court pursuant to chapter 1-26. The executive director may arrange for the assistance of private counsel throughout the appeal process.

    Section 9. That § 3-12-76 be amended to read:

    3-12-76. A member terminating who terminates public service is entitled to may withdraw the sum of the member's accumulated contributions upon application to the system in lieu of retaining. A member who withdraws the member's accumulated contributions pursuant to this section forfeits all credited service and benefits provided in this chapter.


    The right to withdraw accumulated contributions ceases within ninety days of a return if the member returns to employment with a participating unit.

    Section 10. That § 3-12-76.1 be repealed.

    Section 11. That chapter 3-12 be amended by adding a NEW SECTION to read:

    For purposes of § 3-12-115, the system shall determine if a domestic relations order is a qualified domestic relations order. Upon receipt of a domestic relations order, the system shall promptly issue a written notice of receipt to the member and any alternate payee. Within a reasonable period of time, the system shall issue a determination indicating if the domestic relations order qualifies as a plan-approved domestic relations order in accordance with § 414(p) of the Internal Revenue Code.

    No order may require the payment of benefits to an alternate payee before the retirement of a member or the withdrawal of a member's accumulated contributions for a distribution to an alternate payee. In addition, no order may require the payment of monthly benefits to an alternate payee after the death of the member.

    No order approved after July 1, 2018, may require the payment of benefits to the alternate payee's estate after the death of the alternate payee. The amount paid in monthly benefits to the alternate payee shall be paid to the member after the death of the alternate payee.

    Section 12. That § 3-12-120 be amended to read:

    3-12-120. To determine and verify the adequacy of the members member and employer contributions to the system, an actuarial valuation of the system shall be made annually by an approved actuary annually.

    The actuarial valuation shall include:

            (1)    A demonstration of the relationship of the current member and employer contributions, expressed as a percentage of payroll, to the minimum actuarial requirement to support benefits; and

            (2)    The current year's funded ratio as well as the ratios from the prior actuarial valuations performed after July 1, 1974.

    Section 13. That chapter 3-12 be amended by adding a NEW SECTION to read:

    For the purposes of this chapter, the phrase, minimum actuarial requirement to support benefits, means the normal cost and the interest on and amortization of the unfunded actuarial accrued liability over a period not to exceed twenty years, all expressed in terms of a percentage of covered payroll and based on the baseline COLA or the restricted COLA, as applicable. If the actuarial value of assets exceeds the actuarial accrued liability, the minimum actuarial requirement to support benefits includes a thirty year amortization of the amount by which the actuarial value of assets exceeds the actuarial accrued liability.

    Section 14. 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 the funding of the system does not meet both of the following conditions:

            (1)    The fair value funded ratio is greater than or equal to one hundred percent; and

            (2)    The 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 minimum actuarial requirement to support benefits.

    The report shall include recommendations for the circumstances and timing for any benefit changes, contribution changes, or any other corrective action, or any combination of actions including benefit changes, 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 in subdivisions (1) and (2).

    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 in subdivisions (1) and (2).

    Section 15. That § 3-12-191 be amended to read:

    3-12-191. A member who is a retiree receiving a benefit from the system, or, if the member is deceased, the member's surviving spouse who is receiving a benefit from the system and is a beneficiary of the funds subject to this section, may become a supplemental pension participant by direct rollover of funds held by the member in a variable retirement account or in either or both of the plans created in chapters 3-13 and 3-13A into the fund. Any rollover shall be in compliance with the provisions of § 401(a)(31) of the Internal Revenue Code and shall be recorded in the participant's supplemental pension contract record. All of a participant's funds rolled into the fund shall be expended in full as the single premium for a supplemental pension contract. No single premium may be less than ten thousand dollars. No participant may have more than one supplemental pension contract funded by either or both of the plans created in chapters 3-13 and 3-13A and no more than one supplemental pension contract funded by the participant's variable retirement account. A supplemental pension contract goes into effect when a participant signs the supplemental pension contract. The initial monthly supplemental pension benefit is payable the first day of the first month after the contract goes into effect. Payment of any prior and current supplemental pension benefits shall be made within two months after the contract is in effect.

    Section 16. That § 3-12-192 be amended to read:

    3-12-192. A supplemental pension participant who is a retiree receiving a benefit from the system shall receive one of three types of supplemental pension benefits:

            (1)    A supplemental pension benefit payable monthly for the lifetime of the participant;

            (2)    A supplemental pension benefit payable monthly for the lifetime of the participant and, upon the death of the participant, a supplemental pension benefit payable monthly to the participant's supplemental pension spouse equal to sixty percent of the monthly benefit amount that the participant was receiving at the time of death; or

            (3)    A supplemental pension benefit payable monthly for the lifetime of the participant and, upon the death of the participant, a supplemental pension benefit payable monthly to the participant's supplemental pension spouse equal to one hundred percent of the monthly benefit amount that the participant was receiving at the time of death.

A participant who is a retiree receiving a benefit from the system may contract for any of the three types of supplemental pension benefits provided in this section. A participant who is the member's surviving spouse may contract only for a supplemental pension benefit payable monthly for the lifetime of the surviving spouse. The contract shall be signed by both the supplemental pension participant and the supplemental pension spouse of the participant, if applicable, and each signature

shall be witnessed by a representative of the system or notarized.

     Signed February 14, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\033.wpd


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\034.wpd
CHAPTER 34

(SB 37)

Automatic enrollment for the deferred compensation plan.


        ENTITLED, An Act to revise the automatic enrollment provisions of the deferred compensation plan of the South Dakota Retirement System.

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

    Section 1. That § 3-13-56 be amended to read:

    3-13-56. The board may establish an automatic enrollment feature within the plan by rules promulgated pursuant to chapter 1-26 and § 3-13-54. Any automatic enrollment feature established by the board shall include:

            (1)    A provision that automatic enrollment shall apply only to newly-employed members hired after a specified future date, any state employees not participating in the deferred compensation plan as of June 30, 2019, and employees of any other automatic enrollment unit that elects automatic enrollment for its employees not participating in the deferred compensation plan;

            (2)    A provision that automatic enrollment shall apply only to the employees of those participating units that choose the automatic enrollment feature for the unit's employees;

            (3)    A provision that automatic enrollment may not require more than an established maximum contribution per month per automatically-enrolled participant;

            (4)    A provision that a participant who is automatically enrolled shall have as long as ninety days after the start of employment to discontinue participation in the plan;

            (5)    A provision that an automatically-enrolled participant who discontinues participation in the plan within ninety days of enrollment shall receive a refund of the participant's account within thirty days after discontinuing participation;

            (6)    A provision that the state investment officer shall select a default investment fund to receive contributions by any automatically-enrolled participant who does not choose an investment alternative to receive the participant's contributions;

            (7)    A provision authorizing participating units and the system to make contributions to the plan for the benefit of participants;

            (8)    A provision that the plan shall adhere to notice requirements to automatically-enrolled participants in accord with Internal Revenue Service Rulings 98-30 and 2000-8;

            (9)    A provision that automatic enrollment does not require advance authorization by a participant, which is hereby deemed to be an exception to the provisions of any state law requiring employee authorization for a payroll deduction or any similar ordinance of a

local participating unit; and

            (10)    A provision that the amount of compensation deferred by an automatically-enrolled participant shall automatically increase by a specified amount each year unless the participant elects not to participate in automatic escalation or elects to defer a different amount than specified.

    If a participant discontinues participation pursuant to subdivision (4), that act is a permissive withdrawal pursuant to § 414(w) of the Internal Revenue Code.

    Section 2. That ARSD 62:03:07:02 be amended to read:

    62:03:07:02...Automatic enrollment. Any person who becomes a permanent employee of a participating employer after the participating employer becomes an automatic enrollment unit becomes an automatic enrollee in the plan. Any permanent employee of the state who is not a participant in the plan on June 30, 2019, becomes an automatic enrollee in the plan on July 1, 2019, unless the employee elects not to participate. Any other permanent employee who is not a participant in the plan and who is employed by an automatic enrollment unit that elects automatic enrollment pursuant to § 62:03:07:02.01 becomes an automatic enrollee in the plan, unless the employee elects not to participate.

    Section 3. That a NEW SECTION be added to ARSD chapter 62:03:07 to read:

    62:03:07:02.01. Members employed by participating employers other than the state before automatic enrollment established. An automatic enrollment unit other than the state may elect to automatically enroll the unit's permanent employees who are not participating in the deferred compensation plan. The automatic enrollment unit may elect to commence automatic enrollment for these employees on the January or July immediately after the automatic enrollment unit's decision is delivered in writing to the system as long as notice of the decision is received no later than September 15 for a January start or March 15 for a July start.

     Signed February 14, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\034.wpd


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\035.wpd
CHAPTER 35

(SB 38)

The process to establish the compensation
of the executive director.


        ENTITLED, An Act to revise the process for establishing the compensation 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 board may adjust the salary of the executive director annually in accordance with the state employee salary policy as enacted by the Legislature in each corresponding year. The board shall fix the compensation for the executive director. The compensation shall be based on a compensation policy, adopted by the board, that considers an analysis of the compensation and responsibilities of executive directors of regional statewide

retirement systems. The board may adjust the salary of the executive director annually in accordance with the state employee salary policy as enacted by the Legislature in each corresponding year.

    The board shall report any change in the executive director's compensation above the state employee salary policy to the Retirement Laws Committee before July first for the upcoming fiscal year. The change in compensation above the state employee salary policy is effective if approved by the majority vote of the Retirement Laws Committee.

    The board may recommend a salary adjustment 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 that shall be included under the state employees' blanket bond. The premium may be charged to the fund.

     Signed February 14, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\035.wpd

PUBLIC FISCAL ADMINISTRATION

_______________


Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\036.wpd
CHAPTER 36

(HB 1320)

Appropriation for the ordinary expenses of state government.


        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, 2019.
GENERAL FEDERAL OTHER TOTAL
FUNDS FUNDS FUNDS FUNDS
SECTION 2. OFFICE OF THE GOVERNOR  
    (1) Office of the Governor  
  Personal Services   $1,918,003   $0   $0   $1,918,003  
  Operating Expenses   $452,935   $0   $0   $452,935  
           
  Total   $2,370,938   $0   $0   $2,370,938  
  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   $1,957,232   $554,765   $660,059   $3,172,056  
  Operating Expenses   $4,825,177   $8,925,489   $34,053,234   $47,803,900  
           
  Total   $6,782,409   $9,480,254   $34,713,293   $50,975,956  
  F.T.E.         42.6  
           
    (4) SD Housing Development Authority - Informational  
  Personal Services   $0   $1,301,892   $3,634,246   $4,936,138  
  Operating Expenses   $0   $711,419   $6,847,411   $7,558,830  
           
  Total   $0   $2,013,311   $10,481,657   $12,494,968  
  F.T.E.         65.0  
           
    (5) 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  
           
    (6) Ellsworth Authority - Informational  
  Personal Services   $0   $0   $0   $0  
  Operating Expenses   $0   $0   $698,254   $698,254  
           
  Total   $0   $0   $698,254   $698,254  
  F.T.E.         0.0  
           
    (7) Building South Dakota - REDI Grants  
  Operating Expenses   $0   $0   $2,074,384   $2,074,384  
           
  Total   $0   $0   $2,074,384   $2,074,384  
  F.T.E.         0.0  
           
    (8) Building South Dakota - Local Infrastructure Improvement  
  Operating Expenses   $1,470,000   $0   $1,470,000   $2,940,000  
           
  Total   $1,470,000   $0   $1,470,000   $2,940,000  
  F.T.E.         0.0  
           
    (9) Building South Dakota - Economic Development Partnership  
  Operating Expenses   $0   $0   $375,000   $375,000  
           
  Total   $0   $0   $375,000   $375,000  
  F.T.E.         0.0  
           
    (10) Building South Dakota - SD Housing Opportunity  
  Operating Expenses   $1,040,000   $0   $2,940,000   $3,980,000  
           
  Total   $1,040,000   $0   $2,940,000   $3,980,000  
  F.T.E.         0.0  
           
    (11) Building South Dakota - Workforce Education  
  Operating Expenses   $490,000   $0   $0   $490,000  
           
  Total   $490,000   $0   $0   $490,000  
  F.T.E.         0.0  
           
    (12) Lt. Governor  
  Personal Services   $21,966   $0   $0   $21,966  
  Operating Expenses   $13,501   $0   $0   $13,501  
           
  Total   $35,467   $0   $0   $35,467  
  F.T.E.         0.5  
           
    (13) DEPARTMENT TOTAL, OFFICE OF THE GOVERNOR  
  Personal Services   $3,897,201   $1,856,657   $4,477,505   $10,231,363  
  Operating Expenses   $8,366,613   $9,636,908   $52,064,480   $70,068,001  
           
  Total   $12,263,814   $11,493,565   $56,541,985   $80,299,364  
  F.T.E.         129.9  
           
SECTION 3. BUREAU OF FINANCE AND MANAGEMENT (BFM)  
    (1) Bureau of Finance and Management  
  Personal Services   $713,011   $0   $2,476,427   $3,189,438  
  Operating Expenses   $245,256   $0   $2,871,726   $3,116,982  
           
  Total   $958,267   $0   $5,348,153   $6,306,420  
  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   $470,425   $470,425  
  Operating Expenses   $0   $0   $219,750   $219,750  
           
  Total   $0   $0   $690,175   $690,175  
  F.T.E.         6.0  
           
    (5) Employee Compensation and Billing Pools  
  Personal Services   $4,786,989   $2,498,371   $5,602,902   $12,888,262  
  Operating Expenses   $623,245   $338,345   $542,269   $1,503,859  
           
  Total   $5,410,234   $2,836,716   $6,145,171   $14,392,121  
  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   $5,500,000   $2,498,371   $8,552,254   $16,550,625  
  Operating Expenses   $868,501   $338,345   $6,335,397   $7,542,243  
           
  Total   $6,368,501   $2,836,716   $14,887,651   $24,092,868  
  F.T.E.         42.0  
           
SECTION 4. BUREAU OF ADMINISTRATION (BOA)  
    (1) Administrative Services  
  Personal Services   $0   $0   $394,238   $394,238  
  Operating Expenses   $683   $0   $113,109   $113,792  
           
  Total   $683   $0   $507,347   $508,030  
  F.T.E.         3.5  
           
    (2) Central Services  
  Personal Services   $193,135   $0   $7,092,737   $7,285,872  
  Operating Expenses   $210,393   $0   $19,220,037   $19,430,430  
           
  Total   $403,528   $0   $26,312,774   $26,716,302  
  F.T.E.         135.5  
           
    (3) State Engineer  
  Personal Services   $0   $0   $1,160,901   $1,160,901  
  Operating Expenses   $0   $0   $242,469   $242,469  
           
  Total   $0   $0   $1,403,370   $1,403,370  
  F.T.E.         15.0  
           
    (4) Statewide Maintenance and Repair  
  Operating Expenses   $14,798,063   $500,000   $4,089,246   $19,387,309  
           
  Total   $14,798,063   $500,000   $4,089,246   $19,387,309  
  F.T.E.         0.0  
           
    (5) Office of Hearing Examiners  
  Personal Services   $271,543   $0   $0   $271,543  
  Operating Expenses   $74,812   $0   $0   $74,812  
           
  Total   $346,355   $0   $0   $346,355  
  F.T.E.         3.0  
           
    (6) Obligation Recovery Center  
  Operating Expenses   $720,000   $0   $0   $720,000  
           
  Total   $720,000   $0   $0   $720,000  
  F.T.E.         0.0  
           
    (7) Risk Management Administration - Informational  
  Personal Services   $0   $0   $628,525   $628,525  
  Operating Expenses   $0   $0   $3,453,047   $3,453,047  
           
  Total   $0   $0   $4,081,572   $4,081,572  
  F.T.E.         8.0  
           
    (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   $464,678   $0   $9,276,401   $9,741,079  
  Operating Expenses   $15,803,951   $500,000   $31,176,806   $47,480,757  
           
  Total   $16,268,629   $500,000   $40,453,207   $57,221,836  
  F.T.E.         165.0  
           
SECTION 5. BUREAU OF INFORMATION AND TELECOMMUNICATIONS (BIT)  
    (1) Data Centers  
  Personal Services   $0   $0   $5,343,420   $5,343,420  
  Operating Expenses   $0   $0   $4,228,372   $4,228,372  
           
  Total   $0   $0   $9,571,792   $9,571,792  
  F.T.E.         64.0  
           
    (2) Development  
  Personal Services   $0   $0   $12,542,288   $12,542,288  
  Operating Expenses   $0   $0   $2,098,895   $2,098,895  
           
  Total   $0   $0   $14,641,183   $14,641,183  
  F.T.E.         153.0  
           
    (3) Telecommunications Services  
  Personal Services   $0   $0   $6,791,350   $6,791,350  
  Operating Expenses   $0   $0   $11,841,390   $11,841,390  
           
  Total   $0   $0   $18,632,740   $18,632,740  
  F.T.E.         86.0  
           
    (4) South Dakota Public Broadcasting  
  Personal Services   $2,902,153   $0   $1,054,318   $3,956,471  
  Operating Expenses   $1,260,037   $422,484   $2,749,692   $4,432,213  
           
  Total   $4,162,190   $422,484   $3,804,010   $8,388,684  
  F.T.E.         61.5  
           
    (5) BIT Administration  
  Personal Services   $0   $0   $1,421,462   $1,421,462  
  Operating Expenses   $0   $0   $325,059   $325,059  
           
  Total   $0   $0   $1,746,521   $1,746,521  
  F.T.E.         15.0  
           
    (6) State Radio Engineering  
  Personal Services   $764,986   $121,179   $11,979   $898,144  
  Operating Expenses   $2,304,315   $91,573   $143,927   $2,539,815  
           
  Total   $3,069,301   $212,752   $155,906   $3,437,959  
  F.T.E.         11.0  
           
    (7) DEPARTMENT TOTAL, BUREAU OF INFORMATION AND TELECOMMUNICATIONS (BIT)  
  Personal Services   $3,667,139   $121,179   $27,164,817   $30,953,135  
  Operating Expenses   $3,564,352   $514,057   $21,387,335   $25,465,744  
           
  Total   $7,231,491   $635,236   $48,552,152   $56,418,879  
  F.T.E.         390.5  
           
SECTION 6. BUREAU OF HUMAN RESOURCES (BHR)  
    (1) Personnel Management/Employee Benefits  
  Personal Services   $218,234   $0   $4,732,320   $4,950,554  
  Operating Expenses   $63,795   $0   $2,060,297   $2,124,092  
           
  Total   $282,029   $0   $6,792,617   $7,074,646  
  F.T.E.         73.5  
           
    (2) DEPARTMENT TOTAL, BUREAU OF HUMAN RESOURCES (BHR)  
  Personal Services   $218,234   $0   $4,732,320   $4,950,554  
  Operating Expenses   $63,795   $0   $2,060,297   $2,124,092  
           
  Total   $282,029   $0   $6,792,617   $7,074,646  
  F.T.E.         73.5  
           
SECTION 7. DEPARTMENT OF REVENUE  
    (1) Administration, Secretary of Revenue  
  Personal Services   $0   $0   $2,226,783   $2,226,783  
  Operating Expenses   $0   $0   $1,652,742   $1,652,742  
           
  Total   $0   $0   $3,879,525   $3,879,525  
  F.T.E.         29.0  
           
    (2) Business Tax  
  Personal Services   $0   $0   $3,514,781   $3,514,781  
  Operating Expenses   $0   $0   $890,544   $890,544  
           
  Total   $0   $0   $4,405,325   $4,405,325  
  F.T.E.         57.5  
           
    (3) Motor Vehicles  
  Personal Services   $0   $0   $2,543,837   $2,543,837  
  Operating Expenses   $0   $300,000   $6,451,022   $6,751,022  
           
  Total   $0   $300,000   $8,994,859   $9,294,859  
  F.T.E.         47.0  
           
    (4) Property and Special Taxes  
  Personal Services   $1,038,636   $0   $0   $1,038,636  
  Operating Expenses   $264,230   $0   $0   $264,230  
           
  Total   $1,302,866   $0   $0   $1,302,866  
  F.T.E.         15.0  
           
    (5) Audits  
  Personal Services   $0   $0   $3,794,249   $3,794,249  
  Operating Expenses   $0   $0   $624,867   $624,867  
           
  Total   $0   $0   $4,419,116   $4,419,116  
  F.T.E.         55.0  
           
    (6) Instant and On-line Operations - Informational  
  Personal Services   $0   $0   $1,465,273   $1,465,273  
  Operating Expenses   $0   $0   $36,940,493   $36,940,493  
           
  Total   $0   $0   $38,405,766   $38,405,766  
  F.T.E.         21.0  
           
    (7) Video Lottery  
  Personal Services   $0   $0   $731,463   $731,463  
  Operating Expenses   $0   $0   $1,942,690   $1,942,690  
           
  Total   $0   $0   $2,674,153   $2,674,153  
  F.T.E.         10.0  
           
    (8) Commission on Gaming - Informational  
  Personal Services   $0   $0   $1,070,240   $1,070,240  
  Operating Expenses   $0   $0   $9,611,060   $9,611,060  
           
  Total   $0   $0   $10,681,300   $10,681,300  
  F.T.E.         16.0  
           
    (9) DEPARTMENT TOTAL, DEPARTMENT OF REVENUE  
  Personal Services   $1,038,636   $0   $15,346,626   $16,385,262  
  Operating Expenses   $264,230   $300,000   $58,113,418   $58,677,648  
           
  Total   $1,302,866   $300,000   $73,460,044   $75,062,910  
  F.T.E.         250.5  
           
SECTION 8. DEPARTMENT OF AGRICULTURE...............  
    (1) Administration, Secretary of Agriculture  
  Personal Services   $706,639   $43,421   $78,221   $828,281  
  Operating Expenses   $188,327   $18,665   $93,841   $300,833  
           
  Total   $894,966   $62,086   $172,062   $1,129,114  
  F.T.E.         9.5  
           
    (2) Agricultural Services and Assistance  
  Personal Services   $1,699,333   $1,573,014   $1,229,637   $4,501,984  
  Operating Expenses   $613,263   $2,082,327   $1,930,945   $4,626,535  
           
  Total   $2,312,596   $3,655,341   $3,160,582   $9,128,519  
  F.T.E.         79.9  
           
    (3) Agricultural Development and Promotion  
  Personal Services   $1,312,604   $470,739   $150,901   $1,934,244  
  Operating Expenses   $469,390   $1,051,592   $627,775   $2,148,757  
           
  Total   $1,781,994   $1,522,331   $778,676   $4,083,001  
  F.T.E.         29.0  
           
    (4) Animal Industry Board  
  Personal Services   $1,781,793   $1,114,263   $137,300   $3,033,356  
  Operating Expenses   $345,104   $623,830   $3,487,106   $4,456,040  
           
  Total   $2,126,897   $1,738,093   $3,624,406   $7,489,396  
  F.T.E.         41.0  
           
    (5) American Dairy Association - Informational  
  Operating Expenses   $0   $0   $2,712,220   $2,712,220  
           
  Total   $0   $0   $2,712,220   $2,712,220  
  F.T.E.         0.0  
           
    (6) Wheat Commission - Informational  
  Personal Services   $0   $0   $243,580   $243,580  
  Operating Expenses   $0   $0   $1,334,600   $1,334,600  
           
  Total   $0   $0   $1,578,180   $1,578,180  
  F.T.E.         3.0  
           
    (7) Oilseeds Council - Informational  
  Personal Services   $0   $0   $1,615   $1,615  
  Operating Expenses   $0   $0   $388,000   $388,000  
           
  Total   $0   $0   $389,615   $389,615  
  F.T.E.         0.0  
           
    (8) Soybean Research and Promotion Council - Informational  
  Personal Services   $0   $0   $525,225   $525,225  
  Operating Expenses   $0   $0   $10,523,907   $10,523,907  
           
  Total   $0   $0   $11,049,132   $11,049,132  
  F.T.E.         8.0  
           
    (9) Brand Board - Informational  
  Personal Services   $0   $0   $1,710,813   $1,710,813  
  Operating Expenses   $0   $0   $592,332   $592,332  
           
  Total   $0   $0   $2,303,145   $2,303,145  
  F.T.E.         33.0  
           
    (10) Corn Utilization Council - Informational  
  Personal Services   $0   $0   $114,325   $114,325  
  Operating Expenses   $0   $0   $6,845,000   $6,845,000  
           
  Total   $0   $0   $6,959,325   $6,959,325  
  F.T.E.         1.0  
           
    (11) Board of Veterinary Medical Examiners - Informational  
  Personal Services   $0   $0   $2,655   $2,655  
  Operating Expenses   $0   $0   $56,624   $56,624  
           
  Total   $0   $0   $59,279   $59,279  
  F.T.E.         0.0  
           
    (12) Pulse Crops Council - Informational  
  Personal Services   $0   $0   $1,200   $1,200  
  Operating Expenses   $0   $0   $27,200   $27,200  
           
  Total   $0   $0   $28,400   $28,400  
  F.T.E.         0.0  
           
    (13) State Fair  
  Personal Services   $0   $0   $935,647   $935,647  
  Operating Expenses   $323,539   $0   $2,290,289   $2,613,828  
           
  Total   $323,539   $0   $3,225,936   $3,549,475  
  F.T.E.         19.5  
           
    (14) DEPARTMENT TOTAL, DEPARTMENT OF AGRICULTURE...............  
  Personal Services   $5,500,369   $3,201,437   $5,131,119   $13,832,925  
  Operating Expenses   $1,939,623   $3,776,414   $30,909,839   $36,625,876  
           
  Total   $7,439,992   $6,977,851   $36,040,958   $50,458,801  
  F.T.E.         223.9  
           
SECTION 9. DEPARTMENT OF TOURISM  
    (1) Tourism  
  Personal Services   $0   $0   $1,993,834   $1,993,834  
  Operating Expenses   $0   $0   $13,724,841   $13,724,841  
           
  Total   $0   $0   $15,718,675   $15,718,675  
  F.T.E.         33.7  
           
    (2) Arts  
  Personal Services   $0   $0   $268,839   $268,839  
  Operating Expenses   $0   $878,000   $679,021   $1,557,021  
           
  Total   $0   $878,000   $947,860   $1,825,860  
  F.T.E.         3.0  
           
    (3) DEPARTMENT TOTAL, DEPARTMENT OF TOURISM  
  Personal Services   $0   $0   $2,262,673   $2,262,673  
  Operating Expenses   $0   $878,000   $14,403,862   $15,281,862  
           
  Total   $0   $878,000   $16,666,535   $17,544,535  
  F.T.E.         36.7  
           
SECTION 10. DEPARTMENT OF GAME, FISH AND PARKS  
    (1) Administration, Secretary of Game, Fish and Parks  
  Personal Services   $138,708   $0   $2,123,374   $2,262,082  
  Operating Expenses   $824,882   $0   $1,153,769   $1,978,651  
           
  Total   $963,590   $0   $3,277,143   $4,240,733  
  F.T.E.         27.6  
           
    (2) Wildlife - Informational  
  Personal Services   $0   $4,209,722   $14,963,745   $19,173,467  
  Operating Expenses   $0   $13,702,941   $16,007,880   $29,710,821  
           
  Total   $0   $17,912,663   $30,971,625   $48,884,288  
  F.T.E.         294.0  
           
    (3) Wildlife, Development, and Improvement - Informational  
  Operating Expenses   $0   $2,775,570   $904,775   $3,680,345  
           
  Total   $0   $2,775,570   $904,775   $3,680,345  
  F.T.E.         0.0  
           
    (4) State Parks and Recreation  
  Personal Services   $2,733,293   $947,236   $7,255,539   $10,936,068  
  Operating Expenses   $2,465,824   $2,758,743   $9,074,957   $14,299,524  
           
  Total   $5,199,117   $3,705,979   $16,330,496   $25,235,592  
  F.T.E.         248.2  
           
    (5) State Parks and Recreation - Development and Improvement  
  Personal Services   $0   $0   $0   $0  
  Operating Expenses   $0   $3,185,750   $6,600,000   $9,785,750  
           
  Total   $0   $3,185,750   $6,600,000   $9,785,750  
  F.T.E.         0.0  
           
    (6) Snowmobile Trails - Informational  
  Personal Services   $0   $0   $397,814   $397,814  
  Operating Expenses   $0   $0   $909,385   $909,385  
           
  Total   $0   $0   $1,307,199   $1,307,199  
  F.T.E.         9.1  
           
    (7) DEPARTMENT TOTAL, DEPARTMENT OF GAME, FISH AND PARKS  
  Personal Services   $2,872,001   $5,156,958   $24,740,472   $32,769,431  
  Operating Expenses   $3,290,706   $22,423,004   $34,650,766   $60,364,476  
           
  Total   $6,162,707   $27,579,962   $59,391,238   $93,133,907  
  F.T.E.         578.9  
           
SECTION 11. DEPARTMENT OF TRIBAL RELATIONS  
    (1) Office of Tribal Relations  
  Personal Services   $426,277   $0   $0   $426,277  
  Operating Expenses   $99,664   $0   $20,000   $119,664  
           
  Total   $525,941   $0   $20,000   $545,941  
  F.T.E.         6.0  
           
    (2) DEPARTMENT TOTAL, DEPARTMENT OF TRIBAL RELATIONS  
  Personal Services   $426,277   $0   $0   $426,277  
  Operating Expenses   $99,664   $0   $20,000   $119,664  
           
  Total   $525,941   $0   $20,000   $545,941  
  F.T.E.         6.0  
           
SECTION 12. DEPARTMENT OF SOCIAL SERVICES  
    (1) Administration, Secretary of Social Services  
  Personal Services   $4,324,220   $5,634,584   $10,453   $9,969,257  
  Operating Expenses   $4,669,892   $10,988,161   $9,451   $15,667,504  
           
  Total   $8,994,112   $16,622,745   $19,904   $25,636,761  
  F.T.E.         176.7  
           
    (2) Economic Assistance  
  Personal Services   $8,219,927   $11,887,832   $24,304   $20,132,063  
  Operating Expenses   $17,631,603   $65,469,444   $317,023   $83,418,070  
           
  Total   $25,851,530   $77,357,276   $341,327   $103,550,133  
  F.T.E.         320.5  
           
    (3) Medical Services  
  Personal Services   $869,623   $2,554,085   $0   $3,423,708  
  Operating Expenses   $230,543,367   $417,237,050   $280,701   $648,061,118  
           
  Total   $231,412,990   $419,791,135   $280,701   $651,484,826  
  F.T.E.         52.0  
           
    (4) Children's Services  
  Personal Services   $12,500,531   $9,974,794   $1,741,862   $24,217,187  
  Operating Expenses   $35,322,302   $38,705,073   $3,063,314   $77,090,689  
           
  Total   $47,822,833   $48,679,867   $4,805,176   $101,307,876  
  F.T.E.         359.8  
           
    (5) Behavioral Health  
  Personal Services   $33,087,854   $8,164,414   $2,011,602   $43,263,870  
  Operating Expenses   $51,496,862   $29,550,243   $1,413,790   $82,460,895  
           
  Total   $84,584,716   $37,714,657   $3,425,392   $125,724,765  
  F.T.E.         636.0  
           
    (6) Board of Counselor Examiners - Informational  
  Personal Services   $0   $0   $3,068   $3,068  
  Operating Expenses   $0   $0   $90,083   $90,083  
           
  Total   $0   $0   $93,151   $93,151  
  F.T.E.         0.0  
           
    (7) Board of Psychology Examiners - Informational  
  Personal Services   $0   $0   $3,819   $3,819  
  Operating Expenses   $0   $0   $73,307   $73,307  
           
  Total   $0   $0   $77,126   $77,126  
  F.T.E.         0.0  
           
    (8) Board of Social Work Examiners - Informational  
  Personal Services   $0   $0   $3,135   $3,135  
  Operating Expenses   $0   $0   $98,747   $98,747  
           
  Total   $0   $0   $101,882   $101,882  
  F.T.E.         0.0  
           
    (9) Board of Addiction and Prevention Professionals - Informational  
  Personal Services   $0   $0   $112,236   $112,236  
  Operating Expenses   $0   $0   $58,194   $58,194  
           
  Total   $0   $0   $170,430   $170,430  
  F.T.E.         1.3  
           
    (10) DEPARTMENT TOTAL, DEPARTMENT OF SOCIAL SERVICES  
  Personal Services   $59,002,155   $38,215,709   $3,910,479   $101,128,343  
  Operating Expenses   $339,664,026   $561,949,971   $5,404,610   $907,018,607  
           
  Total   $398,666,181   $600,165,680   $9,315,089   $1,008,146,950  
  F.T.E.         1,546.3  
           
SECTION 13. DEPARTMENT OF HEALTH  
    (1) Administration, Secretary of Health  
  Personal Services   $764,042   $1,074,896   $639,709   $2,478,647  
  Operating Expenses   $219,888   $712,750   $875,455   $1,808,093  
           
  Total   $983,930   $1,787,646   $1,515,164   $4,286,740  
  F.T.E.         33.0  
           
    (2) Health Systems Development and Regulation  
  Personal Services   $2,138,613   $3,574,935   $65,889   $5,779,437  
  Operating Expenses   $1,627,151   $7,044,074   $1,150,152   $9,821,377  
           
  Total   $3,765,764   $10,619,009   $1,216,041   $15,600,814  
  F.T.E.         70.0  
           
    (3) Family and Community Health  
  Personal Services   $2,262,359   $10,315,131   $1,368,901   $13,946,391  
  Operating Expenses   $2,031,737   $15,847,971   $5,323,452   $23,203,160  
           
  Total   $4,294,096   $26,163,102   $6,692,353   $37,149,551  
  F.T.E.         191.5  
           
    (4) Laboratory Services  
  Personal Services   $0   $628,472   $1,567,380   $2,195,852  
  Operating Expenses   $0   $2,715,348   $1,928,525   $4,643,873  
           
  Total   $0   $3,343,820   $3,495,905   $6,839,725  
  F.T.E.         29.0  
           
    (5) Correctional Health  
  Personal Services   $0   $0   $7,354,628   $7,354,628  
  Operating Expenses   $0   $0   $17,190,617   $17,190,617  
           
  Total   $0   $0   $24,545,245   $24,545,245  
  F.T.E.         92.9  
           
    (6) Tobacco Prevention  
  Personal Services   $0   $247,873   $0   $247,873  
  Operating Expenses   $0   $1,315,157   $4,500,215   $5,815,372  
           
  Total   $0   $1,563,030   $4,500,215   $6,063,245  
  F.T.E.         3.0  
           
    (7) Board of Chiropractic Examiners - Informational  
  Personal Services   $0   $0   $64,504   $64,504  
  Operating Expenses   $0   $0   $48,489   $48,489  
           
  Total   $0   $0   $112,993   $112,993  
  F.T.E.         1.0  
           
    (8) Board of Dentistry - Informational  
  Personal Services   $0   $0   $7,263   $7,263  
  Operating Expenses   $0   $0   $350,917   $350,917  
           
  Total   $0   $0   $358,180   $358,180  
  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   $25,815   $25,815  
           
  Total   $0   $0   $27,030   $27,030  
  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   $422,166   $422,166  
  Operating Expenses   $0   $0   $616,972   $616,972  
           
  Total   $0   $0   $1,039,138   $1,039,138  
  F.T.E.         8.0  
           
    (12) Board of Nursing - Informational  
  Personal Services   $0   $0   $669,730   $669,730  
  Operating Expenses   $0   $0   $783,293   $783,293  
           
  Total   $0   $0   $1,453,023   $1,453,023  
  F.T.E.         9.0  
           
    (13) Board of Nursing Home Administrators - Informational  
  Personal Services   $0   $0   $2,356   $2,356  
  Operating Expenses   $0   $0   $58,636   $58,636  
           
  Total   $0   $0   $60,992   $60,992  
  F.T.E.         0.0  
           
    (14) Board of Examiners in Optometry - Informational  
  Personal Services   $0   $0   $1,124   $1,124  
  Operating Expenses   $0   $0   $70,850   $70,850  
           
  Total   $0   $0   $71,974   $71,974  
  F.T.E.         0.0  
           
    (15) Board of Pharmacy - Informational  
  Personal Services   $0   $0   $509,093   $509,093  
  Operating Expenses   $0   $0   $649,308   $649,308  
           
  Total   $0   $0   $1,158,401   $1,158,401  
  F.T.E.         6.4  
           
    (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   $830   $830  
  Operating Expenses   $0   $0   $66,170   $66,170  
           
  Total   $0   $0   $67,000   $67,000  
  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   $45,128   $45,128  
           
  Total   $0   $0   $46,256   $46,256  
  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   $5,165,014   $15,841,307   $12,685,621   $33,691,942  
  Operating Expenses   $3,878,776   $27,635,300   $33,789,712   $65,303,788  
           
  Total   $9,043,790   $43,476,607   $46,475,333   $98,995,730  
  F.T.E.         443.8  
           
SECTION 14. DEPARTMENT OF LABOR AND REGULATION  
    (1) Administration, Secretary of Labor  
  Personal Services   $40,503   $3,290,789   $176,599   $3,507,891  
  Operating Expenses   $518,040   $7,778,249   $137,086   $8,433,375  
           
  Total   $558,543   $11,069,038   $313,685   $11,941,266  
  F.T.E.         52.6  
           
    (2) Unemployment Insurance Service  
  Personal Services   $0   $4,178,467   $0   $4,178,467  
  Operating Expenses   $0   $2,635,559   $0   $2,635,559  
           
  Total   $0   $6,814,026   $0   $6,814,026  
  F.T.E.         74.0  
           
    (3) Field Operations  
  Personal Services   $541,440   $9,503,588   $0   $10,045,028  
  Operating Expenses   $114,798   $2,572,292   $0   $2,687,090  
           
  Total   $656,238   $12,075,880   $0   $12,732,118  
  F.T.E.         166.0  
           
    (4) State Labor Law Administration  
  Personal Services   $628,709   $236,836   $255,162   $1,120,707  
  Operating Expenses   $97,528   $60,996   $246,444   $404,968  
           
  Total   $726,237   $297,832   $501,606   $1,525,675  
  F.T.E.         15.3  
           
    (5) Board of Accountancy - Informational  
  Personal Services   $0   $0   $154,304   $154,304  
  Operating Expenses   $0   $0   $176,076   $176,076  
           
  Total   $0   $0   $330,380   $330,380  
  F.T.E.         2.6  
           
    (6) Board of Barber Examiners - Informational  
  Personal Services   $0   $0   $4,495   $4,495  
  Operating Expenses   $0   $0   $26,567   $26,567  
           
  Total   $0   $0   $31,062   $31,062  
  F.T.E.         0.0  
           
    (7) Cosmetology Commission - Informational  
  Personal Services   $0   $0   $200,604   $200,604  
  Operating Expenses   $0   $0   $124,274   $124,274  
           
  Total   $0   $0   $324,878   $324,878  
  F.T.E.         3.7  
           
    (8) Plumbing Commission - Informational  
  Personal Services   $0   $0   $427,865   $427,865  
  Operating Expenses   $0   $0   $201,921   $201,921  
           
  Total   $0   $0   $629,786   $629,786  
  F.T.E.         7.1  
           
    (9) Board of Technical Professions - Informational  
  Personal Services   $0   $0   $198,651   $198,651  
  Operating Expenses   $0   $0   $183,670   $183,670  
           
  Total   $0   $0   $382,321   $382,321  
  F.T.E.         3.6  
           
    (10) Electrical Commission - Informational  
  Personal Services   $0   $0   $1,436,260   $1,436,260  
  Operating Expenses   $0   $0   $498,698   $498,698  
           
  Total   $0   $0   $1,934,958   $1,934,958  
  F.T.E.         23.1  
           
    (11) Real Estate Commission - Informational  
  Personal Services   $0   $0   $358,038   $358,038  
  Operating Expenses   $0   $0   $231,150   $231,150  
           
  Total   $0   $0   $589,188   $589,188  
  F.T.E.         5.1  
           
    (12) Abstracters Board of Examiners - Informational  
  Personal Services   $0   $0   $7,221   $7,221  
  Operating Expenses   $0   $0   $38,610   $38,610  
           
  Total   $0   $0   $45,831   $45,831  
  F.T.E.         0.0  
           
    (13) South Dakota Athletic Commission - Informational  
  Personal Services   $0   $0   $10,556   $10,556  
  Operating Expenses   $0   $0   $47,370   $47,370  
           
  Total   $0   $0   $57,926   $57,926  
  F.T.E.         0.0  
           
    (14) Banking  
  Personal Services   $0   $0   $2,973,073   $2,973,073  
  Operating Expenses   $0   $0   $926,015   $926,015  
           
  Total   $0   $0   $3,899,088   $3,899,088  
  F.T.E.         34.5  
           
    (15) Trust Captive Insurance Company - Informational  
  Personal Services   $0   $0   $18,485   $18,485  
  Operating Expenses   $0   $0   $154,561   $154,561  
           
  Total   $0   $0   $173,046   $173,046  
  F.T.E.         0.0  
           
    (16) Insurance  
  Personal Services   $0   $20,482   $2,521,001   $2,541,483  
  Operating Expenses   $0   $20,000   $827,939   $847,939  
           
  Total   $0   $40,482   $3,348,940   $3,389,422  
  F.T.E.         37.7  
           
    (17) DEPARTMENT TOTAL, DEPARTMENT OF LABOR AND REGULATION  
  Personal Services   $1,210,652   $17,230,162   $8,742,314   $27,183,128  
  Operating Expenses   $730,366   $13,067,096   $3,820,381   $17,617,843  
           
  Total   $1,941,018   $30,297,258   $12,562,695   $44,800,971  
  F.T.E.         425.3  
           
SECTION 15. DEPARTMENT OF TRANSPORTATION  
    (1) General Operations  
  Personal Services   $522,668   $11,345,533   $60,002,356   $71,870,557  
  Operating Expenses   $25,502   $30,121,451   $95,286,998   $125,433,951  
           
  Total   $548,170   $41,466,984   $155,289,354   $197,304,508  
  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   $522,668   $11,345,533   $60,002,356   $71,870,557  
  Operating Expenses   $25,502   $377,190,324   $239,831,283   $617,047,109  
           
  Total   $548,170   $388,535,857   $299,833,639   $688,917,666  
  F.T.E.         1,014.3  
           
SECTION 16. DEPARTMENT OF EDUCATION  
    (1) Administration, Secretary of Education  
  Personal Services   $1,602,243   $962,841   $77,013   $2,642,097  
  Operating Expenses   $1,069,278   $3,698,184   $136,137   $4,903,599  
           
  Total   $2,671,521   $4,661,025   $213,150   $7,545,696  
  F.T.E.         35.0  
           
    (2) Workforce Education Fund  
  Operating Expenses   $0   $0   $1,125,000   $1,125,000  
           
  Total   $0   $0   $1,125,000   $1,125,000  
  F.T.E.         0.0  
           
    (3) State Aid to General Education  
  Operating Expenses   $467,381,046   $0   $0   $467,381,046  
           
  Total   $467,381,046   $0   $0   $467,381,046  
  F.T.E.         0.0  
           
    (4) State Aid to Special Education  
  Operating Expenses   $68,548,042   $0   $0   $68,548,042  
           
  Total   $68,548,042   $0   $0   $68,548,042  
  F.T.E.         0.0  
           
    (5) Sparsity Payments  
  Operating Expenses   $2,011,464   $0   $0   $2,011,464  
           
  Total   $2,011,464   $0   $0   $2,011,464  
  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   $12,237,948   $0   $1,875,633   $14,113,581  
           
  Total   $12,237,948   $0   $1,875,633   $14,113,581  
  F.T.E.         0.0  
           
    (8) Postsecondary Vocational Education  
  Personal Services   $234,356   $0   $43,645   $278,001  
  Operating Expenses   $23,380,382   $0   $138,472   $23,518,854  
           
  Total   $23,614,738   $0   $182,117   $23,796,855  
  F.T.E.         2.0  
           
    (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   $3,030,000   $0   $0   $3,030,000  
           
  Total   $3,030,000   $0   $0   $3,030,000  
  F.T.E.         0.0  
           
    (11) Education Resources  
  Personal Services   $2,072,591   $3,638,054   $377,246   $6,087,891  
  Operating Expenses   $7,646,672   $175,478,098   $604,572   $183,729,342  
           
  Total   $9,719,263   $179,116,152   $981,818   $189,817,233  
  F.T.E.         83.5  
           
    (12) History  
  Personal Services   $991,957   $417,857   $1,342,732   $2,752,546  
  Operating Expenses   $1,232,555   $805,823   $998,812   $3,037,190  
           
  Total   $2,224,512   $1,223,680   $2,341,544   $5,789,736  
  F.T.E.         44.0  
           
    (13) Library Services  
  Personal Services   $1,057,659   $355,382   $0   $1,413,041  
  Operating Expenses   $863,830   $892,291   $27,900   $1,784,021  
           
  Total   $1,921,489   $1,247,673   $27,900   $3,197,062  
  F.T.E.         22.5  
           
    (14) DEPARTMENT TOTAL, DEPARTMENT OF EDUCATION  
  Personal Services   $5,958,806   $5,374,134   $1,840,636   $13,173,576  
  Operating Expenses   $589,383,037   $180,874,396   $4,906,526   $775,163,959  
           
  Total   $595,341,843   $186,248,530   $6,747,162   $788,337,535  
  F.T.E.         187.0  
           
SECTION 17. DEPARTMENT OF PUBLIC SAFETY  
    (1) Administration, Secretary of Public Safety  
  Personal Services   $131,555   $162,586   $693,947   $988,088  
  Operating Expenses   $14,624   $4,250   $129,750   $148,624  
           
  Total   $146,179   $166,836   $823,697   $1,136,712  
  F.T.E.         10.5  
           
    (2) Highway Patrol  
  Personal Services   $599,930   $1,584,954   $17,354,940   $19,539,824  
  Operating Expenses   $759,653   $5,673,388   $7,419,972   $13,853,013  
           
  Total   $1,359,583   $7,258,342   $24,774,912   $33,392,837  
  F.T.E.         275.0  
           
    (3) Emergency Services & Homeland Security  
  Personal Services   $1,000,085   $1,451,508   $74,874   $2,526,467  
  Operating Expenses   $377,295   $8,014,755   $234,264   $8,626,314  
           
  Total   $1,377,380   $9,466,263   $309,138   $11,152,781  
  F.T.E.         30.5  
           
    (4) Legal and Regulatory Services  
  Personal Services   $183,118   $160,056   $4,963,505   $5,306,679  
  Operating Expenses   $1,323,980   $8,459,728   $3,521,261   $13,304,969  
           
  Total   $1,507,098   $8,619,784   $8,484,766   $18,611,648  
  F.T.E.         101.5  
           
    (5) 911 Coordination Board - Informational  
  Personal Services   $0   $0   $112,966   $112,966  
  Operating Expenses   $0   $0   $3,795,734   $3,795,734  
           
  Total   $0   $0   $3,908,700   $3,908,700  
  F.T.E.         1.0  
           
    (6) DEPARTMENT TOTAL, DEPARTMENT OF PUBLIC SAFETY  
  Personal Services   $1,914,688   $3,359,104   $23,200,232   $28,474,024  
  Operating Expenses   $2,475,552   $22,152,121   $15,100,981   $39,728,654  
           
  Total   $4,390,240   $25,511,225   $38,301,213   $68,202,678  
  F.T.E.         418.5  
           
SECTION 18. BOARD OF REGENTS  
    (1) Board of Regents Central Office  
  Personal Services   $4,501,684   $0   $1,874,129   $6,375,813  
  Operating Expenses   $14,981,739   $574,447   $47,544,089   $63,100,275  
           
  Total   $19,483,423   $574,447   $49,418,218   $69,476,088  
  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   $6,720,046   $0   $0   $6,720,046  
           
  Total   $6,720,046   $0   $0   $6,720,046  
  F.T.E.         0.0  
           
    (4) University of South Dakota  
  Personal Services   $31,833,009   $6,408,753   $51,325,695   $89,567,457  
  Operating Expenses   $3,281,890   $2,428,465   $44,574,506   $50,284,861  
           
  Total   $35,114,899   $8,837,218   $95,900,201   $139,852,318  
  F.T.E.         1,079.9  
           
    (5) University of South Dakota Law School  
  Personal Services   $1,570,706   $70,044   $2,236,593   $3,877,343  
  Operating Expenses   $205,240   $2,483   $828,511   $1,036,234  
           
  Total   $1,775,946   $72,527   $3,065,104   $4,913,577  
  F.T.E.         33.3  
           
    (6) University of South Dakota School of Medicine  
  Personal Services   $19,411,937   $4,700,533   $12,205,990   $36,318,460  
  Operating Expenses   $3,382,445   $6,581,558   $10,890,906   $20,854,909  
           
  Total   $22,794,382   $11,282,091   $23,096,896   $57,173,369  
  F.T.E.         326.5  
           
    (7) South Dakota State University  
  Personal Services   $41,625,885   $9,400,000   $94,888,282   $145,914,167  
  Operating Expenses   $5,463,199   $14,600,000   $79,154,433   $99,217,632  
           
  Total   $47,089,084   $24,000,000   $174,042,715   $245,131,799  
  F.T.E.         1,647.7  
           
    (8) SDSU Extension  
  Personal Services   $8,314,279   $2,978,015   $1,014,113   $12,306,407  
  Operating Expenses   $79,152   $3,027,811   $1,011,053   $4,118,016  
           
  Total   $8,393,431   $6,005,826   $2,025,166   $16,424,423  
  F.T.E.         190.4  
           
    (9) Agricultural Experiment Station  
  Personal Services   $11,671,476   $4,897,846   $4,783,901   $21,353,223  
  Operating Expenses   $627,155   $5,960,000   $9,151,544   $15,738,699  
           
  Total   $12,298,631   $10,857,846   $13,935,445   $37,091,922  
  F.T.E.         241.3  
           
    (10) SD School of Mines and Technology  
  Personal Services   $15,839,619   $6,694,897   $22,501,885   $45,036,401  
  Operating Expenses   $945,713   $8,528,272   $18,739,957   $28,213,942  
           
  Total   $16,785,332   $15,223,169   $41,241,842   $73,250,343  
  F.T.E.         433.4  
           
    (11) Northern State University  
  Personal Services   $13,655,976   $1,407,280   $13,014,654   $28,077,910  
  Operating Expenses   $1,029,910   $572,574   $11,656,163   $13,258,647  
           
  Total   $14,685,886   $1,979,854   $24,670,817   $41,336,557  
  F.T.E.         363.0  
           
    (12) Black Hills State University  
  Personal Services   $8,934,040   $1,562,387   $20,353,696   $30,850,123  
  Operating Expenses   $741,622   $2,714,780   $13,920,315   $17,376,717  
           
  Total   $9,675,662   $4,277,167   $34,274,011   $48,226,840  
  F.T.E.         418.5  
           
    (13) Dakota State University  
  Personal Services   $9,172,586   $1,179,603   $16,529,880   $26,882,069  
  Operating Expenses   $570,667   $1,807,953   $11,972,223   $14,350,843  
           
  Total   $9,743,253   $2,987,556   $28,502,103   $41,232,912  
  F.T.E.         291.8  
           
    (14) SD School for the Deaf  
  Personal Services   $1,859,599   $0   $0   $1,859,599  
  Operating Expenses   $1,012,893   $0   $667,256   $1,680,149  
           
  Total   $2,872,492   $0   $667,256   $3,539,748  
  F.T.E.         24.5  
           
    (15) SD School for the Blind and Visually Impaired  
  Personal Services   $2,734,709   $34,307   $195,000   $2,964,016  
  Operating Expenses   $311,968   $37,119   $299,799   $648,886  
           
  Total   $3,046,677   $71,426   $494,799   $3,612,902  
  F.T.E.         48.6  
           
    (16) DEPARTMENT TOTAL, BOARD OF REGENTS  
  Personal Services   $171,125,505   $39,333,665   $240,923,818   $451,382,988  
  Operating Expenses   $40,353,639   $46,835,462   $250,410,755   $337,599,856  
           
  Total   $211,479,144   $86,169,127   $491,334,573   $788,982,844  
  F.T.E.         5,169.2  
           
SECTION 19. DEPARTMENT OF THE MILITARY  
    (1) Adjutant General