STATE AFFAIRS AND GOVERNMENT

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CHAPTER 1

(HB 1264)

An appropriation for the payment
of extraordinary litigation expenses.


        ENTITLED, An Act to authorize the payment of a self-insured retention on a cyber liability insurance policy from the extraordinary litigation fund, to make an appropriation for the payment of extraordinary litigation expenses, and to declare an emergency.

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

    Section 1. That § 1-14-3.1 be amended to read:

    1-14-3.1. There is established in the state treasury the extraordinary litigation fund. The fund shall be maintained separately and administered by the Bureau of Administration. The fund may be used for plaintiff attorney fee awards, retention of outside counsel, settlement costs, or other litigation expenses not otherwise eligible to be paid under § 3-22-1. The fund may also be used for the payment of any self-insured retention for which the state is responsible under a cyber liability insurance policy purchased by the state. Unexpended money and any interest that may be credited to the fund shall remain in the fund. The extraordinary litigation fund, including any subfunds created within it, is hereby continuously appropriated and shall be budgeted through the informational budget process. The creation and funding of this fund does not constitute a waiver of the state's sovereign immunity.

    The life protection subfund is established within the extraordinary litigation fund. The subfund shall be used to cover the litigation costs, including expert witness fees and attorney fees awarded under 42 U.S.C. § 1988 or other applicable statutes, associated with defending South Dakota statutes that regulate or proscribe abortion or contraception. In addition to moneys that the Legislature may appropriate to the subfund, the commissioner of the Bureau of Administration may accept private contributions for the subfund's purposes and deposit those moneys in the subfund. The life protection litigation subfund shall retain the interest income derived from the moneys credited to the subfund in accordance with § 4-5-30.

    Section 2. There is hereby appropriated from the general fund the sum of two million three hundred thousand dollars ($2,300,000), or so much thereof as may be necessary, to the extraordinary litigation fund for payment of eligible expenses.

    Section 3. The commissioner of the Bureau of Administration shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

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

    Section 5. 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 21, 2019
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CHAPTER 2

(HB 1048)

Public body may deliberate in an executive or closed meeting.


        ENTITLED, An Act to authorize a public body to conduct certain deliberations in an executive or closed meeting.

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

    Section 1. That § 1-25-2 be amended to read:

    1-25-2. Executive or closed meetings may be held for the sole purposes of:

            (1)    Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term "employee", employee, does not include any independent contractor;

            (2)    Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association;

            (3)    Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters;

            (4)    Preparing for contract negotiations or negotiating with employees or employee representatives;

            (5)    Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or

            (6)    Discussing information listed in subdivisions 1-27-1.5(8) and 1-27-1.5(17).

However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent prevents an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor.

     Signed February 13, 2019
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CHAPTER 3

(SB 91)

Open meeting requirements.


        ENTITLED, An Act to revise certain provisions regarding open meeting requirements.

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

    Section 1. That chapter 1-25 be amended by adding a NEW SECTION to read:

    Terms used in this chapter mean:

            (1)    "Political subdivision," any association, authority, board, commission, committee, council, task force, school district, county, city, town, township, or other local government entity 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;

            (2)    "Public body," any political subdivision and the state;

            (3)    "Official meeting," any meeting of a quorum of a public body at which official business or public policy of that public body is discussed or decided by the public body, whether in person or by means of teleconference;

            (4)    "Teleconference," information exchanged by any audio, video, or electronic medium, including the internet;

            (5)    "State," each board, commission, department, or agency of the State of South Dakota. The term, state, does not include the Legislature.

    Section 2. That § 1-25-1 be amended to read:

    1-25-1. The official meetings of the state, and 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, or 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 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 or 1-25-1.3 have been met. It is not an official meeting of a public body if its members attend a press conference called by a representative of the public body.

    For any event hosted by a nongovernmental entity to which a quorum of the public body is invited and public policy may be discussed, but the public body does not control the agenda, the political subdivision may post a public notice of a quorum, in lieu of an agenda. The notice of a quorum shall meet the posting requirements of § 1-25-1.1 or 1-25-1.3 and shall contain, at a

minimum, the date, time, and location of the event.

    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 regularly scheduled official meeting by the public body a period for public comment, limited at the chair's public body's discretion, but not so limited as to provide for no public comment. At a minimum, public comment shall be allowed at regularly scheduled official meetings which are designated as regular meetings by statute, rule, or ordinance.

    Public comment is not required at official meetings held solely for the purpose of an inauguration, swearing in of newly elected officials, or presentation of an annual report to the governing body regardless of whether or not such activity takes place at the time and place usually reserved for a regularly scheduled meeting.

    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.

    Section 3. That chapter 1-25 be amended by adding a NEW SECTION to read:

    Any official meeting may be conducted by teleconference. 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.

    Section 4. That chapter 1-25 be amended by adding a NEW SECTION to read:

    At any official meeting conducted by teleconference, there shall be provided one or more places at which the public may listen to and participate in the teleconference meeting. For any official meeting held by teleconference, that 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 official meetings closed to the public pursuant to specific law.

    Section 5. That § 1-25-1.1 be amended to read:


    1-25-1.1. All public bodies, except the state and each state board, commission, or department as provided in § 1-25-1.3, Each political subdivision shall provide public notice, with proposed agenda, that is visible, readable, and accessible for at least an entire, continuous twenty-four hours immediately preceding any official meeting, by posting a copy of the notice, visible to the public, at the principal office of the public body political subdivision holding the meeting. The proposed agenda shall include the date, time, and location of the meeting. The notice shall also be posted on the public body's political subdivision's website upon dissemination of the notice, if such a website exists. For any special or rescheduled meeting, the information in the notice shall be delivered in person, by mail, by email, or by telephone, to members of the local news media who have requested notice. For any special or rescheduled meeting, each public body political subdivision shall also comply with the public notice provisions of this section for a regular meeting to the extent that circumstances permit. A violation of this section is a Class 2 misdemeanor.

    Section 6. That § 1-25-1.2 be repealed.

    Section 7. That § 1-25-1.3 be amended to read:

    1-25-1.3. The state and each state board, commission, or department shall provide public notice of a meeting by posting a copy of the proposed agenda at the principal office of the board, commission, or department holding the meeting. The proposed agenda shall include the date, time, and location of the meeting, and be visible, readable, and accessible to the public. The agenda shall be posted at least seventy-two hours before the meeting is scheduled to start according to the agenda. The seventy-two hours does not include the day the agenda is posted nor Saturday, Sunday, or legal holidays. The notice shall also be posted on a state website, designated by the commissioner of the Bureau of Finance and Management. For any special or rescheduled meeting, the information in the notice shall be delivered in person, by mail, by email, or by telephone, to members of the local news media who have requested notice. For any special or rescheduled meeting, each the state board, commission, or department shall also comply with the public notice provisions of this section for a regular meeting to the extent that circumstances permit. A violation of this section is a Class 2 misdemeanor.

    Section 8. That § 1-25-3 be amended to read:

    1-25-3. Any board or commission of the various departments of the State of South Dakota The state shall keep detailed minutes of the proceedings of all regular or special meetings. The minutes required in this section shall report how each individual member voted on any motion on which a roll call vote is taken. The minutes shall be available for inspection by the public at all times at the principal place of business of the board or commission. A violation of this section is a Class 2 misdemeanor.

    Section 9. That § 1-25-11 be amended to read:

    1-25-11. No state, political subdivision, or public body may prevent a person from recording, through audio or video technology, a public an official meeting that is open to the public as long as the recording is reasonable, obvious, and not disruptive. This section does not apply to meetings closed to the public pursuant to specific law.

     Signed March 21, 2019
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CHAPTER 4

(SB 45)

The statement of additional issues on appeal
in certain contested cases.


        ENTITLED, An Act to revise the provisions regarding the filing of a statement of additional issues on appeal in certain contested cases.

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

    Section 1. That § 1-26-31.4 be amended to read:

    1-26-31.4. Within ten days after the filing of the notice of appeal as required by § 1-26-31, the appellant shall file with the clerk of the circuit court a statement of the issues the appellant intends to present on the appeal and shall serve on the other parties a copy of such that statement. If any other party appellant wishes to raise additional issues on appeal, the party other appellant shall file an additional a statement of additional issues on appeal within ten days after service of the appellant's statement.

    Section 2. That § 1-26-36.1 be amended to read:

    1-26-36.1. An appellee may obtain review of a final decision, ruling, or action of any agency which may adversely affect him the appellee by filing a notice of review with the clerk of the circuit court within twenty days after service of the notice of appeal. If a statement of additional issues on appeal is filed pursuant to § 1-26-31.4, the notice of review required by this section must be filed within twenty days after the latest statement of additional issues on appeal is filed. The clerk of the circuit court shall not accept for filing such notice of review unless accompanied by proof of service of such notice on all other parties. The notice of review shall specify the decision, ruling, or action of the agency to be reviewed.

     Signed March 11, 2019
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CHAPTER 5

(SB 59)

Settlement agreement as a public record.


        ENTITLED, An Act to revise certain provisions regarding public records.

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

    Section 1. That chapter 1-27 be amended by adding a NEW SECTION to read:

    An agency of the state or a political subdivision may not enter into a settlement agreement with a party to any civil action or proceeding involving a claim for monetary damages or equitable relief in which the settlement agreement requires nondisclosure or confidentiality of the terms of the settlement. A settlement agreement under this section is a public record as defined under § 1-27-1.1. For good cause shown, the court may order the redaction of the name of any victim of crime within

the settlement agreement under this section. Notwithstanding any other provision of law, an agency of the state or a political subdivision may temporarily maintain the confidentiality of the settlement agreement related to ongoing litigation. The settlement agreement shall become a public record as defined under § 1-27-1.1 upon the final disposition and the exhaustion of any appeal from the related litigation.

    Section 2. That § 1-27-1.5 be amended to read:

    1-27-1.5. The following records are not subject to §§ 1-27-1, 1-27-1.1, and 1-27-1.3, and section 1 of this Act:

            (1)    Personal information in records regarding any student, prospective student, or former student of any educational institution if such records are maintained by and in the possession of a public entity, other than routine directory information specified and made public consistent with 20 U. S.C. 1232g, as such section in accordance with 20 U.S.C. § 1232g as the law existed on January 1, 2009;

            (2)    Medical records, including all records of drug or alcohol testing, treatment, or counseling, other than records of births and deaths. This law in no way abrogates or changes existing state and federal law pertaining to birth and death records;

            (3)    Trade secrets, the specific details of bona fide research, applied research, or scholarly or creative artistic projects being conducted at a school, postsecondary institution or laboratory funded in whole or in part by the state, and other proprietary or commercial information which if released would infringe intellectual property rights, give advantage to business competitors, or serve no material public purpose;

            (4)    Records which consist of attorney work product or which are subject to any privilege recognized in article V of chapter 19-19;

            (5)    Records developed or received by law enforcement agencies and other public bodies charged with duties of investigation or examination of persons, institutions, or businesses, if the records constitute a part of the examination, investigation, intelligence information, citizen complaints or inquiries, informant identification, or strategic or tactical information used in law enforcement training. However, this subdivision does not apply to records so developed or received relating to the presence of and amount or concentration of alcohol or drugs in any body fluid of any person, and this subdivision does not apply to a 911 recording or a transcript of a 911 recording, if the agency or a court determines that the public interest in disclosure outweighs the interest in nondisclosure. This law in no way abrogates or changes §§ 23-5-7 and 23-5-11 or testimonial privileges applying to the use of information from confidential informants;

            (6)    Appraisals or appraisal information and negotiation records concerning the purchase or sale, by a public body, of any interest in real or personal property;

            (7)    Personnel information other than salaries and routine directory information. However, this subdivision does not apply to the public inspection or copying of any current or prior contract with any public employee and any related document that specifies the consideration to be paid to the employee;

            (8)    Information solely pertaining to the protection of the security of public or private property and persons any person on or within public or private property, such as specific, unique vulnerability assessments including:

            (a)    Any vulnerability assessment or specific, unique response plans, either of which is plan intended to prevent or mitigate criminal acts, emergency;

            (b)    Emergency management or response, or public;

            (c)    Public safety, the public disclosure of which information that would create a substantial likelihood of endangering public safety or property, if disclosed; computer

            (d)    Computer or communications network schema, passwords, and or user identification names; guard

            (e)    Guard schedules; lock

            (f)    Lock combinations; or any blueprints, building plans, or infrastructure records and

            (g)    Any blueprint, building plan, or infrastructure record regarding any building or facility that would expose or create vulnerability through disclosure of the location, configuration, or security of critical systems of the building or facility;

            (9)    The security standards, procedures, policies, plans, specifications, diagrams, access lists, and other security-related records of the Gaming Commission and those persons or entities with which the commission has entered into contractual relationships. Nothing in this subdivision allows the commission to withhold from the public any information relating to amounts paid persons or entities with which the commission has entered into contractual relationships, amounts of prizes paid, the name of the prize winner, and the municipality, or county where the prize winner resides;

            (10)    Personally identified private citizen account payment information, credit information on others supplied in confidence, and customer lists;

            (11)    Records or portions of records kept by a publicly funded library which, when examined with or without other records, reveal the identity of any library patron using the library's materials or services;

            (12)    Correspondence, memoranda, calendars or logs of appointments, working papers, and records of telephone calls of public officials or employees;

            (13)    Records or portions of records kept by public bodies which would reveal the location, character, or ownership of any known archaeological, historical, or paleontological site in South Dakota if necessary to protect the site from a reasonably held fear of theft, vandalism, or trespass. This subdivision does not apply to the release of information for the purpose of scholarly research, examination by other public bodies for the protection of the resource or by recognized tribes, or the federal Native American Graves Protection and Repatriation Act;

            (14)    Records or portions of records kept by public bodies which maintain collections of archeological, historical, or paleontological significance which nongovernmental donors have requested to remain closed or which reveal the names and addresses of donors of such articles of archaeological, historical, or paleontological significance unless the donor approves disclosure, except as the records or portions thereof may be needed to carry out the purposes of the federal Native American Graves Protection and Repatriation Act and the Archeological Resources Protection Act;

            (15)    Employment applications and related materials, except for applications and related materials submitted by individuals hired into executive or policymaking positions of any public body;

            (16)    Social security numbers; credit card, charge card, or debit card numbers and expiration

dates; passport numbers, driver license numbers; or other personally identifying numbers or codes; and financial account numbers supplied to state and local governments by citizens or held by state and local governments regarding employees or contractors;

            (17)    Any emergency or disaster response plans or protocols, safety or security audits or reviews, or lists of emergency or disaster response personnel or material; any location or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other military or law enforcement equipment or personnel;

            (18)    Any test questions, scoring keys, results, or other examination data for any examination to obtain licensure, employment, promotion or reclassification, or academic credit;

            (19)    Personal correspondence, memoranda, notes, calendars or appointment logs, or other personal records or documents of any public official or employee;

            (20)    Any document declared closed or confidential by court order, contract, or stipulation of the parties to any civil or criminal action or proceeding except as provided under section 1 of this Act;

            (21)    Any list of names or other personally identifying data of occupants of camping or lodging facilities from the Department of Game, Fish and Parks;

            (22)    Records which, if disclosed, would constitute an unreasonable release of personal information;

            (23)    Records which, if released, could endanger the life or safety of any person;

            (24)    Internal agency record or information received by agencies that are not required to be filed with such agencies, if the records do not constitute final statistical or factual tabulations, final instructions to staff that affect the public, or final agency policy or determinations, or any completed state or federal audit and if the information is not otherwise public under other state law, including chapter 15-15A and § 1-26-21;

            (25)    Records of individual children regarding commitment to the Department of Corrections pursuant to chapters 26-8B and 26-8C;

            (26)    Records regarding inmate disciplinary matters pursuant to § 1-15-20; and

            (27)    Any other record made closed or confidential by state or federal statute or rule or as necessary to participate in federal programs and benefits;

            (28)    A record of a settlement agreement or litigation regarding investment or bankruptcy and involving the South Dakota Investment Council or the South Dakota Retirement System, or both, unless the settlement or litigation results in a finding of liability against the council or system, or both; and

            (29)    A record of a settlement agreement or litigation regarding medical services involving any county hospital established under chapter 34-8 or any municipal hospital established under chapter 34-9.

     Signed March 21, 2019
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CHAPTER 6

(SB 126)

The official indigenous language of the state.


        ENTITLED, An Act to revise certain provisions regarding the common language of the state and to recognize the official indigenous language of the state.

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

    Section 1. That § 1-27-20 be amended to read:

    1-27-20. The common language of the state is English. The common language is designated as the language of any official public document or record and any official public meeting. The official indigenous language of the state is the language of the O'ceti Sakowin, Seven Council Fires, also known by treaty as the Great Sioux Nation, comprised of three dialects, Lakota, Dakota, and Nakota.

     Signed March 21, 2019
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CHAPTER 7

(SB 8)

A statewide resource information system authorized.


        ENTITLED, An Act to provide for a statewide resource information system.

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 Social Services may cooperate with and support with a fifty percent match rate for each county in the development and maintenance of a statewide centralized resource information system accessible to any resident of this state. The resource information system shall be accredited by the Alliance of Information and Referral Systems and shall provide information for and referrals to resources for a person in a crisis or disaster; resources for social services, human services, legal assistance, financial assistance, or for other related needs; and assistance for mental health, physical health, or substance abuse.

     Signed March 27, 2019
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CHAPTER 8

(HB 1122)

References changed for persons who are deaf or hard of hearing.


        ENTITLED, An Act to revise references to persons who are deaf or hard of hearing.

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

    Section 1. That § 1-36A-18 be amended to read:

    1-36A-18. The Department of Human Services shall establish and administer a state-wide interpreter mentoring program for interpreters for the deaf. The program may be implemented through contracts with public and private organizations that provide services to persons who are deaf or hearing impaired hard of hearing.

    Section 2. That § 1-45-4.4 be amended to read:

    1-45-4.4. The Department of Education shall develop and implement a plan to identify and evaluate hearing deaf or hard of hearing and visually impaired children and coordinate delivery of direct educational programs and services to meet the needs of all visually and hearing impaired and deaf or hard-of-hearing children in South Dakota.

    Section 3. That § 19-3-10.1 be amended to read:

    19-3-10.1. No sign language interpreter or relay service operator who has interpreted for or relayed information for a deaf, speech impaired, or hearing impaired hard of hearing person may divulge to any other person any information or communication given to him in his capacity as such an interpreter or relay service operator. A violation of this section is a Class 2 misdemeanor.

    Section 4. That § 19-19-514 be amended to read:

    19-19-514. No sign language interpreter or relay service operator who has interpreted for or relayed information for a deaf, speech impaired, or hearing impaired hard-of-hearing person may be compelled to divulge or be examined as part of any proceeding concerning any information or communication given to him in his capacity as an interpreter or relay service operator if his client is otherwise accorded a privilege under this chapter.

    Section 5. That § 36-24-24.1 be amended to read:

    36-24-24.1. Nothing in this chapter may be construed as preventing or restricting:

            (1)    A person licensed or registered by this state in another profession from practicing the profession for which licensed or registered;

            (2)    A person credentialed by this state as a teacher of the hearing impaired deaf or hard-of-hearing students providing instruction to the hearing impaired persons who are deaf or hard of hearing;

            (3)    A physician or surgeon licensed by this state from performing tasks directly related to a disorder being treated;

            (4)    Any person possessing a valid certificate as a certified industrial audiometric technician

or occupational hearing conservationist recognized by the board as meeting Council for Accreditation in Occupational Hearing Conservation Standards if such service is performed in cooperation with either an audiologist licensed under this chapter or a licensed physician of this state.

    Section 6. That § 49-31-47 be amended to read:

    49-31-47. The Department of Human Services shall establish and administer a statewide program to provide telecommunication and other communication devices and services to residents of this state who have disabilities that prevent them from having communication access and maintain a dual party relay system making all phases of public telecommunications and communication service available to persons who are deaf, severely hearing impaired hard of hearing, or speech impaired. This program may be implemented through contracts with public or private organizations that provide services to persons who are deaf or persons with other severe disabilities.

    Section 7. That the code be amended by adding a NEW SECTION to read:

    Pursuant to § 2-16-9, the Code Commission and code counsel of the Legislative Research Council are hereby directed to replace the term, hearing impaired, anywhere the term appears in the code to make all necessary language modifications to effectuate the purposes of this Act.

     Signed March 11, 2019
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CHAPTER 9

(HB 1013)

Criminal background investigations for vital records employees.


        ENTITLED, An Act to require criminal background investigations for certain vital records employees.

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

    Section 1. That § 1-43-34 be amended to read:

    1-43-34. Each person hired by the Department of Health, within the forensic chemistry unit of the public health laboratory State Public Health Laboratory or the Office of Vital Records, 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.

     Signed February 8, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\010.wpd
CHAPTER 10

(SB 13)

Transportation Commission rule-making authority modified.


        ENTITLED, An Act to revise certain provisions regarding authorization for public transportation assistance grants.

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

    Section 1. That § 1-44-7.3 be amended to read:

    1-44-7.3. The Transportation Commission shall promulgate rules, pursuant to chapter 1-26, for administration, terms, and conditions for the disbursements of money to local communities and to establish criteria for the selection of communities to receive public transportation assistance to those eligible for public transportation assistance grant funds.

     Signed January 31, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\011.wpd
CHAPTER 11

(HB 1012)

State health laboratory services revamped.


        ENTITLED, An Act to revise certain provisions regarding state laboratory services.

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

    Section 1. That § 1-49-1 be repealed.

    Section 2. That § 1-49-2 be amended to read:

    1-49-2. The secretary of the Department of Health shall appoint the director of the Office of Laboratory Services. The Office of Laboratory Services State Public Health Laboratory shall be located in the Department of Health and shall meet all applicable state and required federal certification standards certifications and regulations, and provide the following specific laboratory, testing, and analytical functions:

            (1)    The examination of clinical and environmental specimens for the purpose of protecting and promoting the public health;

            (2)    The testing and analysis of various products, foods, drinks, economic poisons, and other materials regulated or controlled by the state;

            (3)    The testing, examination, and analysis of samples relating to environmental control;

            (4)    Laboratory services upon request and in support of law enforcement agencies. The laboratory may provide environmental, medical, and forensic toxicology and drug testing for the purpose of protecting and promoting public health and safety.

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

    1-49-3. The director of laboratories State Public Health Laboratory shall:

            (1)    Protect the health or safety of persons using the services of state laboratories and the health or safety of employees of those laboratories;

            (2)    Set appropriate performance standards and qualifications of the State Health Laboratory laboratory employees;

            (3)(2)    Administer state and federal laws which pertain to public laboratory licensure, certification, or both; and

            (4)    Accept grants and enter into contracts and agreements with state, local, and federal agencies or with private industry if in the public interest; and

            (5)(3)    Promulgate rules, pursuant to chapter 1-26, to establish:

            (a)    A list of tests or services to be conducted in the State Health Laboratory; and

            (b)    A the method to determine the fee for each test or service or test based on the actual cost of performing the service or test and the cost of operating the public health laboratory. The fee may not exceed the cost incurred for performing the test or service, including laboratory operation, equipment, and maintenance.

    Section 4. That § 1-49-4 be amended to read:

    1-49-4. Any money that may be received pursuant to this chapter shall be deposited in a special revenue fund in the state treasury which is established and designated as the state laboratory fund. All receipts therein shall be available to the Office of Laboratory Services State Public Health Laboratory and may be expended pursuant to chapters 4-7, 4-8, and 4-8A.

    Section 5. That § 1-49-5 be amended to read:

    1-49-5. All examinations, tests, and analysis requested of the director of laboratories State Public Health Laboratory shall be provided promptly and the results immediately certified to the officer or department requesting the examination submitter.

    Section 6. That § 1-49-6 be amended to read:

    1-49-6. A copy of the results of any examination or analysis of any product or article by the director of laboratories State Public Health Laboratory, duly authenticated by the analyst, is prima facie evidence in all courts of the matters and facts therein contained in the examination or analysis.

     Signed February 13, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\012.wpd
CHAPTER 12

(HB 1002)

Criminal background checks for applicants
and employees of the Department of Public Safety.


        ENTITLED, An Act to provide for criminal background checks for certain applicants and employees of the Department of Public Safety.

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

    Section 1. That chapter 1-51 be amended by adding a NEW SECTION to read:

    Each employee of the Department of Public Safety who performs state inspection services or any person who applies to the department seeking employment performing state inspection services shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The secretary of public safety shall submit completed fingerprint cards to the Division of Criminal Investigation for the applicant or employee. Upon completion of the state and federal criminal background investigation, the Division of Criminal Investigation shall forward to the secretary all information obtained as a result of the investigation.

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

     Signed January 31, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\013.wpd
CHAPTER 13

(HB 1039)

Postsecondary technical institutes
may use the Obligation Recovery Center.


        ENTITLED, An Act to provide for the use of the Obligation Recovery Center by certain postsecondary technical institutes.

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

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

    1-55-1. Terms used in this chapter mean:

            (1)    "Account receivable cycle," the period of time, not to exceed one hundred eighty days, during which the center may attempt to collect on a debt before the debt is forwarded to a any collection agency or agencies pursuant to in accordance with § 1-55-14;

            (2)    "Center," the obligation recovery center;

            (3)    "Debt," a legal obligation to pay money, including any principal, any interest that has accrued or will accrue until the debt is paid, any penalties, any costs, and any other charges permitted by law. The term, debt, also includes any obligation of any kind referred to the obligation recovery center for collection by any agency of the state government agency, by the Unified Judicial System, by the Board of Regents, a postsecondary technical institute supported by the state under § 13-39A-42, or by a constitutional office;

            (4)    "Debtor," a person who is indebted to the state or a state agency for any delinquent accounts, charges, fees, loans, taxes, or other indebtedness due the state, or any person that owes any obligation being collected by the obligation recovery center;

            (5)    "Bad debt," any debt due a state executive branch an agency of the state, the Board of Regent's system, any postsecondary technical institute supported by the state under § 13-39A-42, or a constitutional office that is no longer subject to an administrative appeal or judicial review following an administrative appeal, or any costs, fines, fees, or restitution ordered in any adult criminal proceeding through the Unified Judicial System no longer subject to direct appeal pursuant to under § 23A-32-2;

            (6)    "Final notification," the notification provided by § 1-55-7; and

            (7)    "Referring entity," the entity referring the debt to the state obligation recovery center for collection.

    Section 2. That § 1-55-2 be amended to read:

    1-55-2. There is hereby created the obligation recovery center. The obligation recovery center is, which is attached to the Bureau of Administration for budgeting and reporting purposes. The purpose of the obligation recovery center is to be a central repository for identification, registration, oversight, and collection of debts owed to any agency or department of the State of South Dakota the state or to any postsecondary technical institute supported by the state under § 13-39A-42.

    Section 3. That § 1-55-6 be amended to read:

    1-55-6. The center may be used as follows during the account receivable cycle by:

            (1)    Any executive branch agency may use the center agency of the state to collect bad debt owed to an executive branch the agency;

            (2)    The Unified Judicial System may use the center to collect any costs, fines, fees, or restitution, constituting final debt, ordered in any adult criminal proceeding;

            (3)    The Board of Regents may use the center to collect any final debt owed within the South Dakota Board of Regents' system; and

            (4)    Any postsecondary technical institute supported by the state under § 13-39A-42 to collect any final debt owed within the postsecondary technical institute system; and

            (5)    Any constitutional office may use the center to collect final debt owed to the constitutional office.

     Signed March 1, 2019
_______________
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LEGISLATURE AND STATUTES

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\014.wpd
CHAPTER 14

(HB 1094)

Transparency for the petition circulation process.


        ENTITLED, An Act to revise certain programs regarding transparency of the petition circulation process.

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," the same as the term is defined under § 12-1-3 a person who is a resident of this state for at least thirty days prior to registration as a petition circulator, is at least eighteen years of age, and who circulates, for pay or as a volunteer, petitions or solicits petition signatures from members of the public for the purpose of placing ballot measures on any statewide election ballot;

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

            (3)    "Ballot measure," any measure placed on a statewide ballot in accordance with §§ 2-1-1.1, 2-1-1.2, or 2-1-3.1;

            (4)    "Paid circulator," any person who receives money or anything of value to be a petition circulator;

            (5)    "Volunteer circulator" any person who does not receive money or anything of value to be a petition circulator.

    Section 2. That § 2-1-1.4 be repealed.

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

    Prior to circulation of any petition for a ballot measure, a petition circulator shall submit an application to the secretary of state, obtain a circulator identification number, and be included in a directory of registered petition circulators. For each ballot measure on which a petition circulator seeks to circulate a petition, the petition circulator shall certify the circulator's name, that the circulator is at least eighteen years of age, physical address of current residence, physical address of prior residence if current residence is less than one year, email address, phone number, state of issuance for driver license, state of voter registration, occupation, the ballot question committee supporting the ballot measure, whether the petition circulator will be volunteer or paid, and whether the petition circulator is a registered sex offender. The certification under this section shall be submitted to the office of the secretary of state. If any statement included in the petition circulator's certification is determined to be false, any signatures collected by the petition circulator are void and

may not be counted. Petition sponsors shall provide a list to the secretary of state of any person acting as a petition circulator for the sponsor's ballot measure, whether the petition circulator is paid or volunteer and, if paid, the rate of compensation.

    An application submitted under this section may be filed by electronic transmission in accordance with methods approved by the secretary of state. To be timely filed, any application received by electronic transmission shall be legible when received by the means it was delivered.

    A petition circulator and petition sponsor shall update any information required under this section with the secretary of state not more than seven days of any change.

    Section 4. That chapter 2-1 be amended by adding a NEW SECTION to read:

    The secretary of state shall develop and maintain a directory, available upon request and payment of reasonable fees, that contains information provided by each petition circulator under section 3 of this Act and classifies each petition circulator as paid or volunteer. Providing a copy of the application submitted under section 3 of this Act, together with any update to the information contained in the application, is sufficient to fulfill the requirements of this section. Any information contained in the directory shall be a public record for purposes of chapter 1-25.

    Section 5. That chapter 2-1 be amended by adding a NEW SECTION to read:

    A paid petition circulator who registers under section 3 of this Act shall pay to the secretary of state a registration fee for each ballot question committee represented by the petition circulator. The registration fee for a paid circulator is twenty dollars. The registration fee shall be deposited in the state general fund.

    The fee under this section does not apply to any volunteer circulator.

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

    Following receipt of any application under section 3 of this Act and a registration fee under section 5 of this Act, if any, the secretary of state shall issue the petition circulator a circulator identification number and badge that contains the information required under section 7 of this Act.

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

    A person shall wear the badge issued under section 6 of this Act which shall be visible at all times while acting as a petition circulator. The badge shall contain the words "petition circulator," and include the identity of the ballot question committee on behalf of which the petition circulator is registered, the circulator identification number, and a designation as either "paid" or "volunteer." The badge may not state the name of the petition circulator. A person is guilty of a Class 2 misdemeanor if the person acts as a petition circulator without wearing a badge issued under section 6 of this Act.

    Section 8. That § 2-1-1.1 be amended to read:

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

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

            (2)    Contain the date of the general election at which the initiated 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 amendment to the Constitution as prepared by the attorney general; any fiscal note prepared pursuant to § 2-9-30; 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; and the petition circulator's circulator identification number. The form shall be approved by the secretary of state prior to circulation. The petition circulator's circulator identification number shall be printed on each signature page of a ballot measure petition the circulator circulates.

    For any initiated 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 amendment petition shall be filed with the secretary of state at least one year before the next general election. A sworn affidavit, signed by at least two-thirds of the petition sponsors, containing information required for each petition circulator as required under § 2-1-1.4 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, including petition size and petition font size, and the affidavit shall be prescribed by the State Board of Elections.

    Section 9. 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 § 2-9-30; 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; and the petition circulator's circulator identification number. The form shall be approved by the secretary of state prior to circulation. The petition circulator's circulator identification number shall be printed on each signature page of a ballot measure petition the circulator circulates.

    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 sworn affidavit, signed by at least two-thirds of the petition sponsors, containing information required for each petition circulator as required under § 2-1-1.4 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, including petition size and petition font size, and the affidavit shall be prescribed by the State Board of Elections.

    Section 10. 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 § 2-1-1.4 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; 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; and the petition circulator's circulator identification number. The form shall be approved by the secretary of state prior to circulation. The petition circulator's circulator identification number shall be printed on each signature page of a ballot measure petition the circulator circulates.

    Section 11. This Act is effective on July 1, 2020.

     Signed March 21, 2019
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\015.wpd
CHAPTER 15

(HB 1093)

Legal standards applicable to petition challenges.


        ENTITLED, An Act to establish legal standards applicable to petition challenges.

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

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



    2-1-14. All signatures secured in a manner contrary to the provisions of this chapter may state law shall not be counted.

    Section 2. That § 2-1-15 be amended to read:

    2-1-15. Upon the receiving of any initiative petition, referred law petition, or initiated constitutional amendment petition, the secretary of state shall examine the petition. No signature of a person may shall be counted by the secretary of state unless the person is a registered voter in the county indicated on the signature line. No signature of a person may shall be counted if the information required on the petition form is not accurate or complete. The secretary of state shall generate the random sample under § 2-1-16 and make available to the public the petitions and random sample validation sheets within thirty days of a request and payment of reasonable fees in accordance with § 1-8-10.

    Section 3. 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 any signature, the veracity of the petition circulator's attestation, or any other information required on a petition by statute or administrative rule, including any deficiency that is prohibited 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. For purposes of determining whether a sufficient number of valid signatures has been submitted, the interested person may elect to proceed with a challenge limited to the sample generated in accordance with § 2-1-16, with the resulting valid sample percentage applied to the entirety of the petition signatures.

    Section 4. That § 12-1-39 be amended to read:

    12-1-39. No petition submitted may be made available to the public until the validation process has been completed and the office where that petition was submitted has filed or rejected the petition, except as provided in section 2 of this Act.

     Signed March 21, 2019
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\016.wpd
CHAPTER 16

(SB 5)

Codification of legislation enacted in 2018.


        ENTITLED, An Act to codify legislation enacted in 2018.

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 2018 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 2018 revision of volume 8;

            (9)    The 2004 2018 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 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 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 2017 2018 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 2017 2018 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, 2018 2019, 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 2018 2019 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 2018 2019 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 5, 2019
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\017.wpd
CHAPTER 17

(SB 3)

Special Education interim committee, created.


        ENTITLED, An Act to create the Special Education Interim Legislative Committee.

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

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

    There is hereby created the Special Education Interim Legislative Committee. The purpose of the interim committee is:

            (1)    To examine the diagnostic tools and assessments used to identify students in South Dakota schools in need of special education or special education and related services;

            (2)    To examine the disability categories that are rising at the greatest rate and review eligibility requirements;

            (3)    To review the funding levels of the disability categories;

            (4)    To examine the common costs associated with extraordinary cost fund applications, including out-of-district placements; and

            (5)    To develop recommendations to address the increasing costs of services.

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

    The interim committee created in section 1 of this Act shall consist of the following fourteen members:

            (1)    The Executive Board of the Legislative Research Council shall appoint the following:

            (a)    Five legislators including, if possible, the chair or vice-chair of the Senate standing committee on education and the chair or vice-chair of the House standing committee on education and one member of the minority party who serves on either the Senate or House standing committee on education; and

            (b)    A person who is an advocate for persons with disabilities;

            (2)    The secretary of education shall appoint the following:

            (a)    Three school district superintendents; one representing a school district located east of the Missouri River, one representing a school district located west of the Missouri River, and one representing a school district with a fall enrollment of four hundred or fewer;

            (b)    One current member of a local school board;

            (c)    One special education director who is currently employed in a school district other than a school district represented by a superintendent or school board member appointed to serve on the interim committee pursuant to this section; and

            (d)    One school district business manager; and

            (3)    The Governor shall appoint two persons, at least one of whom is the parent of a child who attends a public school and is in need of special education or special education and related services.

    Section 3. That chapter 2-6 be amended by adding a NEW SECTION to read:

    The interim committee shall be under the supervision of the Executive Board of the Legislative Research Council and shall report to the board on the interim committee's activities from time to time. The interim committee shall be funded and staffed as an interim legislative committee.

    Section 4. That chapter 2-6 be amended by adding a NEW SECTION to read:

    The interim committee shall conclude its work and report its findings and recommendations to the Legislature and to the Governor no later than the next legislative session.

    Section 5. The provisions of this Act are repealed on June 30, 2020.

     Signed March 20, 2019
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CHAPTER 18

(SB 167)

A legislative study
regarding offenses related to controlled substances.


        ENTITLED, An Act to establish a legislative study to study offenses regarding controlled substances.

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

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

    There is hereby established a legislative study comprised of a total of fifteen members, with any vacancy on the study to be filled in the same manner as the original appointment, and including:

            (1)    Three members of the Senate, two of whom to be members of the Republican party and one of whom to be a member of the Democrat party;

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

            (3)    The secretary of the Department of Social Services;

            (4)    The secretary of the Department of Corrections;

            (5)    The attorney general;

            (6)    Two members to be appointed by the Governor who are members of the law enforcement community, including a sheriff and a state's attorney;

            (7)    Two members from the Unified Judicial System; and

            (8)    Two members who are representatives of the South Dakota Association of County Commissioners, including a county commissioner.

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

    The legislative study established under section 1 of this Act shall study and evaluate:

            (1)    Alternatives to imprisonment for any person charged and convicted of controlled substance offenses in order to more adequately assist the person with substance abuse issues;

            (2)    Possible funding alternatives as well as the financial ramifications of controlled substance offenses on the state, the counties of the state, law enforcement, substance abuse treatment facilities, and any other interested person that may be affected.

    Section 3. That chapter 2-6 be amended by adding a NEW SECTION to read:

    The legislative study established under section 1 of this Act shall report to the Legislature and the Governor before the beginning of the Ninety-Fifth Legislative Session, including any draft legislation or policy recommendations.

    Section 4. That chapter 2-6 be amended by adding a NEW SECTION to read:

    The legislative study established under section 1 of this Act shall be under the supervision of the Executive Board of the Legislative Research Council and staffed and funded as an interim legislative committee.

    Section 5. This Act is repealed on July 1, 2020.

     Signed March 27, 2019
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CHAPTER 19

(SB 66)

Interim study of issues
related to electric services in an annexed area.


        ENTITLED, An Act to establish an interim legislative committee to study issues related to electric services in an annexed area.

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

    Section 1. That chapter 49-34A be amended by adding a NEW SECTION to read:

    There is hereby established an interim legislative committee comprised of a total of nine legislators, consisting of legislators from both the House of Representatives and the Senate, with no more than five members from either chamber, to be selected by the Executive Board. The interim committee shall hold at least four hearings at locations of the committee's choosing.

    Section 2. That chapter 49-34A be amended by adding a NEW SECTION to read:



    The interim legislative committee shall study and evaluate:

            (1)    The option of a municipal electric utility to provide electric service in an annexed area and associated processes;

            (2)    Economic development practices of electric utilities as it relates to subdivision (1);

            (3)    The history of assigned service territories;

            (4)    The process by which electric utilities set rates.

    Section 3. That chapter 49-34A be amended by adding a NEW SECTION to read:

    The interim legislative committee shall report to the Legislature and the Governor before the beginning of the Ninety-fifth Legislative Session. The interim legislative committee may introduce a bill implementing its policy recommendations.

    Section 4. That chapter 49-34A be amended by adding a NEW SECTION to read:

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

    Section 5. This Act is repealed on July 1, 2020.

     Signed March 20, 2019
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PUBLIC OFFICERS AND EMPLOYEES

_______________


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CHAPTER 20

(SB 90)

Financial interest statements filed by persons
elected to state or local office.


        ENTITLED, An Act to revise provisions regarding certain financial interest statements filed by persons elected to state or local office.

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

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

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

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



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

     Signed March 11, 2019
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CHAPTER 21

(HB 1009)

Employment by the state, requirements updated.


        ENTITLED, An Act to revise certain provisions regarding state employment.

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

    Section 1. That § 3-6C-1 be amended to read:

    3-6C-1. Terms as used in chapters 3-6C to 3-6F, inclusive, mean:

            (1)    "Appointing authority," the hiring entity;

            (2)    "Commission," the Civil Service Commission;

            (3)    "Bureau," the Bureau of Human Resources;

            (4)    "Bureau commissioner," the head of a bureau a person appointed by and serving at the pleasure of the Governor to administer one of the bureaus of the executive branch of state government;

            (5)    "Civil service," a system of human resource management for the executive branch of state government based on merit principles governing the appointment, promotion, compensation, removal, transfer, and other matters related to human resource management;

            (6)    "Civil service employee," a state permanent employee not otherwise exempted by the provisions of this chapter 3-6D;

            (7)    "Change in family status," marriage, divorce, or death of the member, spouse, or any covered dependent; birth or adoption of a child; or a change in the employment status of the member, spouse, or any covered dependent;

            (8)    "Class of positions," all civil service positions which that are sufficiently similar in kind or subject matter of work performed, level of difficulty and responsibility, and qualification requirements knowledge, skills, and abilities to warrant similar treatment in personnel and pay administration;

            (9)    "Compensation," the total compensation, which includes direct salary and fringe benefits. Fringe benefits includes employer paid retirement programs, social security, health insurance, life insurance, and any other programs offering a benefit to the employee in

which the employer participates;

            (10)    "Contribution," the dollar amount established by the human resources commissioner sufficient to cover the cost of the insurance plan;

            (11)    "Department secretary," a person appointed by and serving at the pleasure of the Governor to administer one of the major departments of the executive branch of state government;

            (12)    "Dependent," a person who is not an employee and is:

            (a)    An employee's spouse who is not divorced or legally separated from the employee; or

            (b)    An employee's child who is:

            (i)    Under the age of twenty-six or under the age of twenty-nine if a full-time student; and

            (ii)    Not benefit eligible through their employer or spouses employer; and

            (iii)    Not in military service;

            (13)    "Deputy," a person who serves as first assistant to, and at the pleasure of, a department secretary, bureau commissioner, or division director if allowed by law;

            (14)    "Division director," a person appointed by and serving at the pleasure of the department secretary or bureau commissioner to administer a division within a major department or bureau of the executive branch of state government;

            (15)    "Eligible employee," an active employee placed in a permanent position, employed by a participating agency and scheduled to work twenty or more hours a week at least six months of the year;

            (16)    "Employee," any person working for state government, paid by the State of South Dakota state, or remunerated by other funds raised, appropriated, or otherwise generated by the state. The term does not include any person working for any authority authorized by law;

            (17)(16)    "Employer," the State of South Dakota;

            (18)(17)    "Executive branch employee," any employee working for state government except those working for the legislative or judicial branches of state government;

            (19)(18)    "Human resources commissioner," the commissioner of the Bureau of Human Resources bureau;

            (20)(19)    "Law enforcement employee," any certified law enforcement officer working for the Division of Criminal Investigation or the Highway Patrol;

            (21)(20)    "Member," a state employee or retiree who is covered by the plan as the primary insured and who may elect to have his or her dependents covered by the plan;

            (21)    "Permanent employee," an active employee placed in a permanent position, employed by a participating agency. This term does not include temporary, emergency, patient, or student employees;

            (22)    "Plan," the state employee's benefit insurance plan as created by chapter 6-E 3-6E;

            (23)    "Plan-eligible employee," a permanent employee who is scheduled to work twenty or more hours a week at least six months of the year or an employee employed by an appointing authority who has worked an average of thirty hours or more per week during a twelve-month standard measurement period, as defined by the Patient Protection and Affordable Care Act of 2010, as amended to January 1, 2019;

            (24)    "Position," a collection of duties and responsibilities assigned by the appointing authority to one person;

            (24)(25)    "Safety-sensitive position," any law enforcement officer authorized to carry firearms and any custody staff employed by any agency responsible for the rehabilitation or treatment of any adjudicated adult or juvenile;

            (25)(26)    "Self-insured," a state-supported benefit plan in which the initial risk for any losses is born by the plan;

            (27)    "Spouse," an employee's husband or wife as a result of marriage that is legally recognized in this state or under the laws of the state where the marriage occurred. The term does not include a spouse as a result of a common-law marriage;

            (26)(28)    "Substance," marijuana as defined in subdivision 22-42-1(7) and any controlled drug or substance as defined in chapter 34-20B.

    Section 2. That § 3-6C-2 be amended to read:

    3-6C-2. The Bureau of Human Resources bureau shall perform human resource functions for the following agencies:

            (1)    Board of Regents;

            (2)    Board of Trustees of the South Dakota Retirement System; and

            (3)    All other state departments, bureaus, divisions, boards, and commissions of the executive branch.

    The Bureau of Human Resources bureau may delegate human resource functions to either the Board of Regents or the Board of Trustees of the South Dakota Retirement System through agreements entered into pursuant to chapter 1-24.

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

    3-6C-3. No A temporary employee nor any, patient, inmate, or student employee, as defined by any rules promulgated by the Civil Service Commission commission pursuant to chapter 1-26, may not receive any compensation for any holiday as defined in § 1-5-1. However, the employee shall be compensated for any hours actually worked on such holidays.

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

    3-6C-4. Each state permanent employee shall earn fifteen working days vacation time up to one hundred twenty hours vacation leave per full year of employment. Any A permanent employee with more than fifteen years employment shall receive twenty working days vacation with pay for each earn up to one hundred sixty hours vacation leave per full year of employment. Such Vacation leave shall be accrued on an hourly, biweekly, semimonthly, or monthly basis as determined by the human resources commissioner of human resources. No vacation hours earned Vacation leave may not be used until the employee has served the initial six-month period. Vacation hours are leave is cumulative only to the extent of that which may be earned in a period of time not exceeding two

years of regular and continuous state employment. No advanced leave of absence for vacation with pay may be granted Vacation leave may not be advanced to an employee at any time.

    Section 5. That § 3-6C-5 be amended to read:

    3-6C-5. Any state A permanent employee, including any state employee exempt from the provisions of this chapter 3-6D, who has been employed by the state for a continuous period of six months is entitled to vacation leave. However, no temporary or emergency employee, as defined by any rules promulgated by the Civil Service Commission pursuant to chapter 1-26, and no patient, inmate, or student employee is eligible for vacation leave. Any part-time employee who has served an accumulative six-month period is entitled to vacation leave.

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

    3-6C-6. Any An employee who retires or voluntarily resigns may terminate employment at the end of the employee's accrued vacation period leave or receive a lump-sum payment for the unused vacation time leave which has accrued as of the employee's final day on the payroll. Any An employee meeting the definition of a participant as set out in subdivision 3-13A-2(8) 3-13A-2(7) shall have such lump-sum payment transmitted to the fund pursuant to the provisions of § 3-13A-5. However, if the employee dies, payment for the accumulated vacation leave of absence for vacation time shall be paid according to §§ 3-8-8 to 3-8-11, inclusive.

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

    3-6C-7. In addition to the leave of absence for vacation as provided in § 3-6C-4, each employee of the state, except temporary and emergency employees as defined by Civil Service Commission rules, and patient, inmate, and student employees, is entitled to fourteen days leave of absence for sickness without loss of pay, exclusive of Saturdays, Sundays, and holidays, for each year the employee is in the employment of the state. Leave of absence for sickness Each permanent employee shall earn up to one hundred twelve hours sick leave per full year of employment. Sick leave shall be accrued on an hourly, biweekly, semimonthly, or monthly basis as determined by the human resources commissioner of human resources and shall accumulate without limit as to the number of days hours of such accumulation. Any leave of absence for sickness The use of sick leave shall be supported by a medical certificate upon the request of the human resources commissioner of human resources. No An employee is not entitled to more than the employee's accrued and earned sick leave of absence for sickness without first using up any and all of the employee's accumulated and earned vacation leave of absence for vacation leave.

    An employee may use up to five days forty hours of the employee's accrued sick leave annually for personal emergency reasons. Leave for personal emergencies may not be accrued accumulated from year to year. The Civil Service Commission commission, pursuant to chapter 1-26, shall promulgate rules to implement this provision.

    Adoption of a child by any state an employee is treated as natural childbirth for leave purposes.

    Section 8. That § 3-6C-8 be amended to read:

    3-6C-8. Any state A permanent employee may accrue vacation leave, but not sick leave, while receiving workers' compensation under § 62-4-3.

    Section 9. That § 3-6C-9 be amended to read:

    3-6C-9. Leave of absence for sickness Sick leave may be advanced to an a permanent employee who has been in regular and continuous employment of the state for at least one full year if the employee has used up all of the employee's earned accrued vacation and sick leave of absence for vacation and sickness. If an employee receives advanced sick leave, any subsequent sick leave earned

accrued by the employee shall be credited against the employee's negative sick leave balance until the advanced sick leave is repaid. At no time shall the The employee's advanced negative sick leave balance may not exceed twenty-eight days two hundred twenty-eight hours. Advanced sick leave of absence for sickness is within the discretion of the bureau under rules promulgated by the Civil Service Commission commission pursuant to chapter 1-26, and is authorized only if the bureau's consent has first been obtained.

    Section 10. That § 3-6C-10 be amended to read:

    3-6C-10. No state An employee may not be allowed compensation compensated under § 62-4-3 for a period for which the employee has also received sick pay authorized by § 3-6C-7 or 3-6C-9 or vacation pay authorized by § 3-6C-4. Nothing in this section limits any other compensation or benefits due employees of the state to an employee under Title 62.

    Section 11. That § 3-6C-11 be amended to read:

    3-6C-11. If an injured state permanent employee's workers' compensation benefits are not equal to the employee's salary, the employee may, notwithstanding any provision in § 3-6C-10, use paid sick pay or vacation pay leave in an amount necessary to make up the difference between the employee's salary and the workers' compensation benefits.

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

    3-6C-12. Every state A permanent employee, who has been continuously employed in a permanent position by the State of South Dakota or any department or agency thereof for at least seven years prior to the date of the employee's retirement, voluntary resignation, layoff, termination for inability to perform job functions due to physical disability, or death, shall receive payment for one-fourth of the unused sick leave of absence for sickness which has accrued as of the employee's final day on payroll. The payment may not exceed the sum of four hundred eighty hours. Payment shall be made in a lump sum with the employee's last payroll warrant. Any An employee meeting the definition of a participant as set out in subdivision 3-13A-2(8) 3-13A-2(7) shall have such the lump-sum payment transmitted to the fund pursuant to the provisions of § 3-13A-5. However, in the case of death of if the employee dies, payment for such the accumulated sick leave of absence for sickness shall be paid as provided under the provisions of in accordance with §§ 3-8-8 to 3-8-11, inclusive.

    Section 13. That § 3-6C-13 be amended to read:

    3-6C-13. Any A permanent employee of the state may donate accrued vested leave to another state permanent employee who has exhausted all accrued vacation and sick leave and who meets all one of the following criteria:

            (1)    The recipient employee is terminally ill and the employee's condition does not allow a return to work; or

            (2)    The recipient employee is suffering from an acutely life threatening illness or injury which has been certified by a licensed physician as having a significant likelihood of terminating fatally and the employee's physical condition does not allow a return to work for a period of at least ninety consecutive days; and

            (3)    All leave benefits for which the recipient employee is eligible have been exhausted.

    The donation is not allowed after the recipient employee may not receive donated leave once the employee is able to return to work or is approved for disability benefits provided for in § 3-12-98 or any other public disability benefits.

    The donation of accrued vested leave may not exceed two thousand eighty hours per recipient employee as defined in subdivision (1) of this section or one thousand forty hours per illness or injury for a recipient employee as defined in subdivision (2) of this section, not to exceed two thousand eighty hours per recipient. The donation shall be approved by the Bureau of Human Resources bureau under rules promulgated by the Civil Service Commission commission pursuant to chapter 1-26, including number of hours to be donated, confidentiality of a donation, definition of terminally ill, definition of life threatening illness or injury, criteria for determining employee eligibility to receive or donate leave, coordination of leave donation with disability and other public benefits and in compliance with the provisions of § 3-6C-12, and procedures for approval of the donation.

    Section 14. That § 3-6C-14 be amended to read:

    3-6C-14. Any donation of leave pursuant to section § 3-6C-13 or 3-6C-15 may be restricted as follows:

            (1)    The donating employee may only donate leave to an employee who is at the same or lower paygrade pay grade as the donating employee; and

            (2)    The donation may be denied based upon funding considerations within the agency, at the discretion of the human resources commissioner.

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

    3-6C-15. Any A permanent employee of the state may donate accrued vested vacation leave to another state permanent employee who meets all of the following criteria:

            (1)    The recipient employee will use the donated leave to care for the recipient employee's spouse, child, or parent who is terminally ill;

            (2)    The recipient employee's spouse, child, or parent is suffering from an acutely life threatening illness or injury which has been certified by a licensed physician as having a significant likelihood of terminating fatally; and

            (3)    All leave benefits for which the recipient employee is eligible have been exhausted The recipient employee has exhausted all accrued vacation and personal emergency leave.

    The total paid leave, including the donated vacation leave pursuant to this section, may not exceed twelve weeks annually per recipient employee. The donation shall be approved by the Bureau of Human Resources bureau under rules promulgated pursuant to chapter 1-26 by the Civil Service Commission commission, including number of hours to be donated, confidentiality of a donation, definition of terminally ill, definition of life threatening illness or injury, criteria for determining employee eligibility to receive or donate leave and for prorating donated leave for part-time employees, and procedures for approval of the donation. Any donation shall be in compliance with the provisions of §§ 3-6C-4 and 3-6C-5.

    Section 16. That § 3-6C-16 be amended to read:

    3-6C-16. If an a permanent employee transfers from one state department, institution, agency, or office to another state department, institution, agency, or office, the employee may transfer all unused and earned leave of absence for vacation or sickness accrued vacation and sick leave as was allowed the employee under the provisions of §§ 3-6C-4 and 3-6C-7.

    Section 17. That § 3-6C-17 be amended to read:

    3-6C-17. The provisions of §§ 3-6C-4 to 3-6C-16, inclusive, do not prohibit the taking of leave

of absence for vacation or sickness without pay if the leave of absence is authorized and approved by the board, commission, agency, department, office, or officer employing the employee, pursuant to rules promulgated pursuant to chapter 1-26 by the human resources commissioner of the Bureau of Human Resources.

    Section 18. That § 3-6C-18 be amended to read:

    3-6C-18. The Civil Service Commission commission may, pursuant to chapter 1-26, promulgate rules to further define the types of leave permitted to be taken as sick leave, vacation leave, and leave of absence, including the following: child care, jury duty, military service, maternity, and education and other fringe benefits.

    Section 19. That § 3-6C-20 be amended to read:

    3-6C-20. Holidays, other than Sundays, enumerated in § 1-5-1, are a benefit for any permanent state employee permanent employees including those who are not scheduled to work the day on which a holiday falls. A permanent employee is eligible for shall receive holiday pay if the employee works at least one shift or is on approved paid leave during the calendar week in which the holiday falls. Part-time permanent employees shall receive prorated holiday pay. For payroll and leave purposes, a holiday is no more than eight hours long.

    Section 20. That § 3-6C-21 be amended to read:

    3-6C-21. Any A permanent employee of the State of South Dakota who is a certified disaster service volunteer of the American Red Cross may be granted leave from work with pay not to exceed ten days in any one calendar year to participate in disaster relief services for the American Red Cross during a State of South Dakota declared disaster, upon the request of the American Red Cross for the services of the employee and upon approval of that employee's appointing authority. However, no state an employee who is needed by the employee's appointing authority to perform job-related disaster services may not be granted this leave. The appointing authority shall compensate an employee granted leave under this section at the employee's regular rate of pay for regular work hours during which the employee is absent from work.

    Section 21. That § 3-6C-22 be amended to read:

    3-6C-22. Any absence approved pursuant to § 3-6C-21 for disaster service volunteers does not affect the a permanent employee's right to receive normal vacation, and sick leave, bonus, advancement, and other advantages of employment.

    Section 22. That § 3-6C-24 be amended to read:

    3-6C-24. The human resources commissioner shall establish and maintain appropriate records on all civil service employees relating to the several provisions of this chapter. The Civil Service Commission commission may promulgate rules, pursuant to chapter 1-26, to regulate the records maintained by the Bureau of Human Resources bureau. Any records required or maintained by the Bureau of Human Resources bureau, including performance appraisals, that pertain to an employee shall be available and open to inspection by the employee during normal business hours.

    Section 23. That § 3-6D-1 be amended to read:

    3-6D-1. There is hereby created a Civil Service Commission. The Civil Service Commission commission consists of seven members, not all of whom may be of the same political party. Three of the members shall be experienced in law enforcement. The Governor shall initially appoint two members for a term of two years, two members for a term of three years, and three members for a term of four years. Thereafter, each appointment shall be The Governor shall appoint each member for a term of four years, beginning on the first day of July. Any member appointed to fill a vacancy

arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term.

    Section 24. That § 3-6D-2 be amended to read:

    3-6D-2. A member of the Civil Service Commission commission may be removed by the Governor only for cause after being given a copy of the charges and an opportunity to be heard publicly on such the charges before the Governor. A copy of the charges and a transcript of the record of the hearing shall be filed with the secretary of state.

    Section 25. That § 3-6D-3 be amended to read:

    3-6D-3. The Civil Service Commission commission shall hold such meetings as necessary to carry out its duties under this chapter. The commission shall elect one of its members as chair at its the first meeting in each year. Four members shall constitute a quorum for the conduct of business. If the subject of any meeting is the discipline of any law enforcement officer, at least two of the members of the commission in attendance shall be experienced in law enforcement.

    Section 26. That § 3-6D-4 be amended to read:

    3-6D-4. This chapter applies to all executive branch employees of state government, but excluding:

            (1)    Elected officers and all employees in the offices of the secretary of state, state treasurer, state auditor, commissioner of school and public lands, and public utilities commission;

            (2)    The members of boards and commissions;

            (3)    Department secretaries, bureau commissioners, division directors, deputy secretaries, deputy bureau commissioners, deputy division directors, and supervisors who determine and publicly advocate substantive program policy, attorneys, physicians, confidential assistants to exempt employees and other directors or administrative policy-making positions of executive branch institutions, commissions, boards and agencies;

            (4)    All positions in the Office of the Governor and Bureau of Finance and Management;

            (5)    Presidents, deans, administrative and policy-making positions, student health service physicians, teaching and professional research positions under the jurisdiction of the State Board of Regents and other directors or administrative policy-making positions of such institutions as determined by the human resources commissioner;

            (6)    Teachers of the several institutions under the jurisdiction of the executive branch;

            (7)    A person hired to fill the position of an employee who is deployed or activated under circumstances requiring reinstatement under the Uniform Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 as in effect January 1, 2012;

            (8)    Patients and inmates who are employed by state institutions under the executive branch;

            (9)    Temporary employees and interns; and

            (10)    The attorney general and all employees within its office except certified law enforcement officers within the division of criminal investigation.

    The Civil Service Commission commission may promulgate rules, pursuant to chapter 1-26 which, that establish criteria to implement this section for exemptions from the civil service. The

human resources commissioner may determine which positions are eligible for exemption under the provisions of this chapter. Any decision of the human resources commissioner of human resources relating to exemptions from the civil service may be appealed to the commission pursuant to chapter 1-26.

    Section 27. That § 3-6D-5 be amended to read:

    3-6D-5. Each civil service applicant and civil service employee shall be accorded the following protections:

            (1)    Discrimination on the basis of political affiliation in regard to the hiring, promotion, termination, or any other tangible employment action relating to a civil service employee is prohibited;

            (2)    An A civil service employee may not be required to participate in partisan political activities;

            (3)    An A civil service employee may not be obliged, by reason of that employment, to contribute to any political funds or collections or render political service. Any A civil service employee refusing to contribute such funds or to render that political service may not be removed or otherwise disciplined or prejudiced for such the refusal;

            (4)    An A civil service employee retains the right of free speech;

            (5)    An A civil service employee may not be disciplined for the reporting of any violation of state or federal law to any local, state or federal authority;

            (6)    An A civil service employee has the right to obtain a copy of his or her the employee's personnel file or any other pertinent data that directly relates to the employee held in the state's files. The cost of the copy shall be borne by the employee;

            (7)    Prior to any disciplinary action, the a civil service employee shall be given verbal or written notice and an opportunity to present reasons, either in person or in writing, why the proposed action should not be taken; and

            (8)    Such other Other rights and protections as enumerated by state or federal statute or rule.

    Section 28. That § 3-6D-6 be amended to read:

    3-6D-6. Any personnel management actions taken under the provisions of this chapter shall comply with merit standards as follows:

            (1)    Recruiting, selecting, and advancing civil service employees through open consideration of qualified applicants for initial appointments and promotions. Selection of qualified applicants is based on relative ability, knowledge, and skills;

            (2)    Providing equitable and adequate compensation;

            (3)    Training civil service employees to assure high quality performance;

            (4)    Retaining civil service employees based on performance, correcting inadequate performance, and separating employees whose performance cannot be improved; and

            (5)    Assuring fair treatment without regard to age, political affiliation, race, color, national origin, sex, or religious creed.

    Section 29. That § 3-6D-7 be amended to read:

    3-6D-7. The Civil Service Commission commission shall promulgate rules, pursuant to chapter 1-26, in the areas of recruitment, examination, selection, and promotion of civil service employees to be administered by the human resources commissioner. Each examination shall relate to matters that will fairly test the relative capacity of the person examined to discharge the duties of the position and may include tests of physical qualifications, training and experience, written examinations, and health and, if appropriate, technical or manual skill. The human resources commissioner shall designate the times and places for each examination.

    Section 30. That § 3-6D-8 be amended to read:

    3-6D-8. Each civil service appointment shall be made from among the best qualified persons on a list of eligible applicants certified by the human resources commissioner as meeting the minimum qualifications standards for the position to be filled from a list of eligible applicants. Any person who makes an appointment contrary to the provisions of this section is guilty of a Class 1 misdemeanor.

    Section 31. That § 3-6D-9 be amended to read:

    3-6D-9. The human resources commissioner may delegate the administration of this chapter to state institutions and departments throughout the state. However, the human resources commissioner shall delegate to institutions under the jurisdiction of the Board of Regents the administration of recruitment, examining, and selection of employees for such institutions under the jurisdiction of the Board of Regents. All such delegated administrative authority shall be exercised in accordance with the provisions of this chapter and Civil Service Commission commission rules.

    Section 32. That § 3-6D-10 be amended to read:

    3-6D-10. The Civil Service Commission commission shall promulgate rules, pursuant to chapter 1-26, to develop a position classification system for all positions in the civil service, based upon similarity of duties performed and responsibilities assumed, so that the same qualifications and pay may reasonably be required and established for positions allocated to the same class.

    Section 33. That § 3-6D-11 be amended to read:

    3-6D-11. The Civil Service commission shall promulgate rules, pursuant to chapter 1-26, to develop a statewide pay system which assures the principle of equal pay for equal work applying to positions existing in the civil service.

    Section 34. That § 3-6D-12 be amended to read:

    3-6D-12. The human resources commissioner of the Bureau of Human Resources shall approve the payroll for all departments and institutions of the executive branch to ensure compliance with this chapter and chapter 3-6C.

    Section 35. That § 3-6D-13 be amended to read:

    3-6D-13. The human resources commissioner of the Bureau of Human Resources shall give final approval or rejection to all negotiated labor contracts and settlements for civil service employees based on compliance with this chapter and Civil Service Commission commission rules.

    Section 36. That § 3-6D-14 be amended to read:

    3-6D-14. The Civil Service Commission commission shall promulgate rules, pursuant to chapter 1-26, governing civil service employees in matters of discipline, retirement, standards of conduct, adverse actions, political activity in employment, hours of work, equal opportunity, complaints,

grievances and appeals to the commission, and reductions in force due to nondisciplinary reasons.

    Section 37. That § 3-6D-15 be amended to read:

    3-6D-15. If a grievance remains unresolved after exhaustion of a departmental an agency grievance procedure, an a civil service employee may demand a hearing before the Civil Service Commission commission as provided for in contested cases in chapter 1-26. The proceedings shall be held as provided in chapter 1-26. The 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 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 human resources 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 § 1-26-18.3.

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

    Section 38. That § 3-6D-16 be amended to read:

    3-6D-16. In resolving grievances involving the discipline of an a civil service employee, the Civil Service Commission commission shall determine and decide whether the action was made for good cause. If the commission finds that the action was made for good cause, the commission shall enter an order upholding the decision of the appointing authority agency disciplining the employee. If, however, the commission finds that the action was made without good cause, the commission shall enter an order reversing the decision of the appointing authority agency.

    Section 39. That § 3-6D-17 be amended to read:

    3-6D-17. In resolving a grievance, the commission may reinstate an a civil service employee who has been disciplined without good cause. If reinstatement is ordered by the commission, the order shall include one or more of the following forms of relief: an award of back pay, an award of back benefits, placement in the same position and location that the employee held before the discipline, or placement in a comparable position and location that the employee held before the discipline. Any award of back pay and benefits shall include the employer's contribution pursuant to § 3-12-71. Any award of back pay and benefits which adversely affects an agency's budget shall be considered advisory and submitted by the affected agency to the committee created by chapter 4-8A or the next session of the Legislature.

    Section 40. That § 3-6D-18 be amended to read:

    3-6D-18. Each state department agency shall adhere to, and assist the human resources commissioner of the Bureau of Human Resources in administering, the provisions of this chapter. An appointing authority agency may formulate department agency level procedures within the limitations of those rules promulgated pursuant to chapter 1-26 by the Civil Service Commission commission or the human resources commissioner of human resources. The procedures shall be reviewed and approved by the human resources commissioner of human resources before implementation.

    Section 41. That § 3-6D-19 be amended to read:


    3-6D-19. The human resources commissioner shall maintain accurate records reflecting the costs of administering the provisions of this chapter. The human resources commissioner shall summarize the cost and shall bill each department, office, institution, or bureau for a pro rata share of the administrative cost.

    Section 42. That § 3-6D-20 be amended to read:

    3-6D-20. No An applicant for a civil service position shall may not:

            (1)    Directly or indirectly give, render, or pay, or promise to give, render, or pay any money, service, or other thing to any person, for or on account of, or in connection with an examination, appointment, or proposed appointment; or

            (2)    Submit, with the intent to deceive, any false application, credential, test, or examination to a hiring authority for the purpose of obtaining any appointment or proposed appointment or promotion.

    A violation of this section is a Class 1 misdemeanor.

    Section 43. That § 3-6D-21 be amended to read:

    3-6D-21. No An employee of the Bureau of Human Resources bureau or any other person may not defeat, deceive, or obstruct any person's right to examination, eligibility, certification, or appointment pursuant to this chapter, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the civil service. A violation of this section is a Class 1 misdemeanor.

    Section 44. That § 3-6D-22 be amended to read:

    3-6D-22. An A civil service employee may file a grievance with the Civil Service Commission commission if the employee believes that there has been retaliation because of reporting a violation of state law through the chain of command of the employee's department agency, to the attorney general's office, the State Government Accountability Board, or because the employee has filed a suggestion pursuant to this section.

    Section 45. That § 3-6E-1 be amended to read:

    3-6E-1. The Bureau of Human Resources bureau may establish a benefits plan, for plan-eligible employees of the state. The plan may either be self-funded or established as a group health insurance program. The plan may provide for group health coverage against the financial cost of hospital, surgical, pharmacy, and medical treatment and care, and such any other coverage or benefits, as deemed appropriate and desirable by the human resources commissioner determines is appropriate and desirable. The human resources commissioner may include a flexible benefit plan which allows an employee to choose the employee's own benefits or levels of coverage.

    Section 46. That § 3-6E-2 be amended to read:

    3-6E-2. The human resources commissioner of the Bureau of Human Resources may provide all, or any part of, the benefits under the plan or plans provided pursuant to this chapter by means of a plan which is self-funded in whole or in part.

    Section 47. That § 3-6E-3 be amended to read:

    3-6E-3. The human resources commissioner may authorize the purchase of reinsurance to cover against losses incurred by the benefit plan.


    Section 48. That § 3-6E-4 be amended to read:

    3-6E-4. Each state plan-eligible employee eligible for membership in the health plan shall be enrolled in the plan unless the employee is covered by another group health plan either as a dependent or spouse and the employee provides notice to the plan administrator.

    Section 49. That § 3-6E-5 be amended to read:

    3-6E-5. All eligible employees Each plan-eligible employee shall be enrolled in the benefit plan on such the effective dates as established by the human resources commissioner may establish.

    Section 50. That § 3-6E-6 be amended to read:

    3-6E-6. Any eligible A plan-eligible employee may elect to have any of the employee's eligible dependents covered by the health plan. The election shall be made at the time the employee becomes enrolled in the plan, or such other at another time as the human resources commissioner allows.

    Section 51. That § 3-6E-7 be amended to read:

    3-6E-7. The Bureau of Human Resources bureau may provide a health plan for retiring employees and their spouses and dependents as defined by rules of the Bureau of Human Resources bureau, promulgated pursuant to chapter 1-26, and on such terms as the human resources commissioner deems determines are appropriate.

    Section 52. That § 3-6E-8 be amended to read:

    3-6E-8. The State of South Dakota shall either make a monthly contribution to the system or otherwise provide for the amount necessary to make payment to the system for the full single rate monthly health insurance premium or contribution for each plan-eligible employee. This amount shall be transmitted to the account of the state employees employees' benefits plan in the Office of the State Treasurer. The state treasurer, after making a record of the receipts, shall credit the benefits plan with an amount equal to that remitted or otherwise provided. After the contribution has been assigned to the benefits plan, the Bureau of Human Resources bureau shall disburse the contribution in accordance with the provisions of this chapter and the rules promulgated pursuant to chapter 1-26 by the human resources commissioner of the Bureau of Human Resources.

    Section 53. That § 3-6E-9 be amended to read:

    3-6E-9. The employer State of South Dakota shall deduct on each payroll of a member for each payroll period the amount of the contribution or premium, including any administrative expense. The employer state shall make deductions from salaries of plan-eligible employees and shall transmit monthly the amount specified to be deducted to the state treasurer. The state treasurer, after making a record of receipts, shall credit the benefits plan with an amount equal to that remitted by the employer state. After the credit has been assigned to the benefits plan, the human resources commissioner shall disburse credit in accordance with the provisions of this chapter and the rules promulgated pursuant to chapter 1-26 by the human resources commissioner of the Bureau of Human Resources.

    Section 54. That § 3-6E-10 be amended to read:

    3-6E-10. Any funds transmitted to the state treasurer's office Office of the State Treasurer as designated transfers to the state employees employees' benefits plan shall be placed in the trust fund established by this chapter and entitled the state employees employees' benefits plan fund. Disbursements from such the fund shall be made by warrants drawn by the state auditor upon itemized vouchers duly approved by the human resources commissioner of the Bureau of Human Resources.



    Section 55. That § 3-6E-11 be amended to read:

    3-6E-11. The Bureau of Human Resources bureau shall make available upon request, to each employee who is covered under the plan member, a certificate setting forth the benefits to which the employee member and the employee's member's dependents are entitled under this chapter, to whom the benefits are payable, to whom claims shall be submitted, and a summary of the provisions of the plan's benefits as they affect the employee member and the employee's member's dependents.

    Section 56. That § 3-6E-12 be amended to read:

    3-6E-12. Any benefits payable under the benefit plan may be paid either directly to the attending physician, dentist, hospital, medical, or dental group, or other person, corporation, limited liability company, association, or firm furnishing the service upon which the claim is based, or to the insured employee member upon presentation of receipted bills for such service.

    Section 57. That § 3-6E-13 be amended to read:

    3-6E-13. The human resources commissioner of the Bureau of Human Resources is responsible for the administration of this chapter and shall promulgate such rules as are required for the effective administration of the provisions of this chapter in accordance with pursuant to chapter 1-26. The rules may be promulgated in the following areas:

            (1)    To establish what benefits will be offered pursuant to this chapter;

            (2)    Participation in the plan by employees, retired employees, and dependents;

            (3)    Procedures for election of coverage;

            (4)    Effective dates of coverage if not specified by statute;

            (5)    Termination of coverage;

            (6)    Changes in dependent coverage;

            (7)    Collection of premiums and contributions;

            (8)    To coordinate the benefits plan with the health insurance plan authorized in this chapter; and

            (9)    Other provisions as required to meet federal law.

    Section 58. That § 3-6E-14 be amended to read:

    3-6E-14. The State of South Dakota shall provide for the amount necessary to make payment to the state employee workers' compensation program for the claims of employees of the state arising under Title title 62. This amount shall be transmitted to the account of the state employees employee workers' compensation program in the Office of the State Treasurer. The state treasurer, after making a record of the receipts, shall credit the state employee workers' compensation program with an amount equal to that remitted or otherwise provided. After the contribution has been assigned to the state employees employee workers' compensation program, the Bureau of Human Resources bureau shall disburse the funds according to the provisions of Title title 62 and the rules promulgated by the human resources commissioner of the Bureau of Human Resources pursuant to chapter 1-26.

    Section 59. That § 3-6E-15 be amended to read:

    3-6E-15. Responsibility for the administration and payment of workers compensation claims of

former employees of the South Dakota State Cement Plant Commission is hereby transferred to the state employees employee workers' compensation program.

    Section 60. That § 3-6E-16 be amended to read:

    3-6E-16. The employer state shall contribute on each payroll for an employee for each payroll period the amount of the state employees employee workers' compensation program premium, including any administrative expense. The employer state shall transmit monthly the amount specified to be paid to the state treasurer. The state treasurer, after making a record of receipts, shall credit the state employees employee workers' compensation program with an amount equal to that remitted by the employer state. The credit shall be assigned to the state employee workers' compensation program. The human resources commissioner shall disburse the funds according to Title title 62 and the rules promulgated by the Department of Labor and Regulation and the commissioner pursuant to chapter 1-26.

    Section 61. That § 3-6E-17 be amended to read:

    3-6E-17. Any funds transmitted to the Office of the State Treasurer as designated transfers to the state employees employee workers' compensation program shall be placed in the trust fund established by this section and entitled the state employees employee workers' compensation program fund. Disbursements from this fund shall be made by warrants drawn by the state auditor.

    Section 62. That § 3-6E-18 be amended to read:

    3-6E-18. The human resources commissioner of the Bureau of Human Resources may promulgate rules, pursuant to chapter 1-26, with respect to the adjustment, administration, and management of the state employee workers' compensation program for state employees.

    Section 63. That § 3-6E-19 be amended to read:

    3-6E-19. Responsibility for the administration and payment of life insurance plan benefits of former employees of the South Dakota State Cement Plant Commission is hereby transferred to the Bureau of Human Resources bureau.

    Section 64. That § 3-6F-1 be amended to read:

    3-6F-1. The human resources commissioner of the Bureau of Human Resources shall establish and implement a drug screening program for applicants who seek the following employment:

            (1)    Positions at the Human Services Center or the South Dakota Developmental Center whose primary duty includes patient or resident care or supervision;

            (2)    Positions at the South Dakota State Veterans' Home whose primary duty includes patient or resident care or supervision;

            (3)    Safety sensitive positions; and

            (4)    Positions in the Department of Agriculture, Wildland Fire Suppression Division whose duties include firefighting.

    The human resources commissioner may also establish and implement a drug screening program for employees holding those positions based upon reasonable suspicion of illegal drug use by any such employee.

    Section 65. That § 3-6F-3 be amended to read:


    3-6F-3. Individual test results and medical information collected pursuant to this chapter are confidential. This information may be revealed only as authorized by the human resources commissioner of the Bureau of Human Resources. An applicant or employee may have access to the information or test results upon written request to the human resources commissioner.

    Section 66. That § 3-6F-5 be amended to read:

    3-6F-5. The human resources commissioner of the Bureau of Human Resources may promulgate rules, pursuant to chapter 1-26, necessary to carry out the provisions of this chapter with regard to:

            (1)    Listing of positions whose primary duty includes patient or resident care or supervision;

            (2)    Substances to be screened;

            (3)    Drug screening procedures;

            (4)    Procedures for collecting, analyzing, and evaluating test samples;

            (5)    Confidentiality of testing procedures;

            (6)    Referral for education or treatment; and

            (7)    Consequences that may result from valid positive test results or from failure to submit to a test.

     Signed March 7, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\021.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\022.wpd
CHAPTER 22

(HB 1010)

South Dakota Retirement System, revised.


        ENTITLED, An Act to recodify, to make certain form and style changes, to clarify, and to repeal certain provisions related to the South Dakota Retirement System.

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

    Section 1. Pursuant to § 2-16-9, the Code Counsel shall transfer the following sections to a NEW CHAPTER 3-12C: §§ 3-12-46, 3-12-47.1, 3-12-47.2, 3-12-47.4, 3-12-47.5, 3-12-47.6, 3-12-47.7, 3-12-47.8, 3-12-47.9, 3-12-47.11, 3-12-47.12, 3-12-47.13, 3-12-48, 3-12-49, 3-12-51, 3-12-52, 3-12-53, 3-12-54, 3-12-55, 3-12-57.1, 3-12-58, 3-12-58.1, 3-12-60, 3-12-61, 3-12-62, 3-12-62.1, 3-12-62.2, 3-12-62.3, 3-12-62.4, 3-12-62.5, 3-12-62.6, 3-12-62.8, 3-12-62.9, 3-12-62.10, 3-12-62.11, 3-12-62.12, 3-12-62.13, 3-12-63, 3-12-64, 3-12-65, 3-12-66, 3-12-67, 3-12-67.1, 3-12-69.1, 3-12-69.2, 3-12-69.3, 3-12-69.4, 3-12-69.5, 3-12-70, 3-12-71, 3-12-72, 3-12-72.1, 3-12-72.3, 3-12-72.4, 3-12-73, 3-12-74, 3-12-75, 3-12-76, 3-12-76.2, 3-12-76.3, 3-12-77, 3-12-77.3, 3-12-78, 3-12-81.1, 3-12-82, 3-12-83, 3-12-83.1, 3-12-83.2, 3-12-84, 3-12-84.2, 3-12-84.3, 3-12-85, 3-12-86, 3-12-86.2, 3-12-87, 3-12-88, 3-12-89, 3-12-89.1, 3-12-89.3, 3-12-89.4, 3-12-89.6, 3-12-89.7, 3-12-89.8, 3-12-89.9, 3-12-89.10, 3-12-90, 3-12-91, 3-12-91.1, 3-12-92, 3-12-92.1, 3-12-92.2, 3-12-92.3, 3-12-92.4, 3-12-92.6, 3-12-94, 3-12-94.1, 3-12-95, 3-12-95.1, 3-12-95.2, 3-12-95.3, 3-12-95.4, 3-12-95.6, 3-12-96, 3-12-97, 3-12-98, 3-12-99, 3-12-99.1, 3-12-100, 3-12-101, 3-12-103, 3-12-103.1, 3-12-104, 3-12-104.1, 3-12-104.2, 3-12-105, 3-12-106, 3-12-107, 3-12-109, 3-12-110, 3-12-111, 3-12-111.1, 3-12-112, 3-12-114, 3-12-115, 3-12-115.1, 3-12-116, 3-12-117, 3-12-118,

3-12-119, 3-12-120.4, 3-12-121, 3-12-122, 3-12-122.1, 3-12-123, 3-12-124, 3-12-125, 3-12-126, 3-12-127, 3-12-128, 3-12-129, 3-12-130, 3-12-130.1, 3-12-131, 3-12-132, 3-12-133, 3-12-134, 3-12-135, 3-12-136, 3-12-141, 3-12-142, 3-12-143, 3-12-153, 3-12-154, 3-12-155, 3-12-156, 3-12-157, 3-12-158, 3-12-159, 3-12-160, 3-12-161, 3-12-162, 3-12-163, 3-12-164, 3-12-189, 3-12-190, 3-12-191, 3-12-192, 3-12-193, 3-12-194, 3-12-195, 3-12-196, 3-12-197, 3-12-198, 3-12-199, 3-12-202, 3-12-203, 3-12-204, 3-12-205, 3-12-206, 3-12-207, 3-12-207.1, 3-12-217, 3-12-218, 3-12-219, 3-12-220, 3-12-221, 3-12-222, 3-12-223, 3-12-224, 3-12-500, 3-12-501, 3-12-502, 3-12-502.1, 3-12-504, 3-12-505, 3-12-506, 3-12-507, 3-12-508, 3-12-509, 3-12-510, 3-12-511, 3-12-512, 3-12-513, 3-12-514, 3-12-515, 3-12-517, 3-12-519, 3-12-520, and 3-12-521.

    Section 2. That § 3-12-47 be amended to read:

    3-12-47. Terms as used in this chapter mean:

            (1)    "Actuarial accrued liability," the present value of all benefits less the present value of future normal cost contributions;

            (2)    Repealed by SL 2018, ch 33, § 1.

            (3)    "Actuarial experience analysis," a periodic report which that reviews basic experience data and furnishes actuarial analysis which that substantiates the assumptions adopted for the purpose of making an actuarial valuation of the system;

            (4)(3)    "Actuarial valuation," a projection of the present value of all benefits and the current funded status of the system, based upon stated assumptions as to rates of interest, mortality, disability, salary progressions, withdrawal, and retirement as established by a periodic actuarial experience analysis which that takes into account census data of all active members, vested terminated members, and retired members and their beneficiaries under the system;

            (4)    "Actuarial value funded ratio," the actuarial value of assets divided by the actuarial accrued liability;

            (5)    "Actuarial value of assets," equal to the fair value of assets;

            (5A)(6)    "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;

            (6)(7)    "Air rescue firefighters," employees of the Department of the Military who are stationed at Joe Foss Field, Sioux Falls, and who are directly involved in firefighting activities on a daily basis;

            (7)(8)    "Approved actuary," any actuary who is a member of the American Academy of Actuaries or an Associate or a Fellow of the Society of Actuaries who meets the qualification standards of the American Academy of Actuaries to issue actuarial opinions regarding the system or any firm retaining such an actuary on its staff and who is appointed by the board to perform actuarial services;

            (8)(9)    "Assumed rate of return," the actuarial assumption adopted by the board pursuant to § 3-12-121 as the annual assumed percentage return on trust fund assets, compounded;

            (9)(10)    "Beneficiary," the person designated by a member of the system to receive any payments after the death of such member;

            (10)(11)    "Benefits," the amounts paid to a member, spouse, spouse and family, child, or

beneficiary as a result of the provisions of this chapter;

            (11)(12)    "Board," the Board of Trustees of the South Dakota Retirement System;

            (12)(13)    "Calendar quarter," a period of three calendar months ending March thirty-first, June thirtieth, September thirtieth, or December thirty-first of any year;

            (13)(14)    "Campus security officers," employees of the Board of Regents whose positions are subject to the minimal educational training standards established by the law enforcement standards commission pursuant to chapter 23-3 and who satisfactorily complete the training required by chapter 23-3 within one year of employment and whose primary duty as sworn law enforcement officers is to preserve the safety of the students, faculty, staff, visitors and the property of the University of South Dakota and South Dakota State University. The employer shall file with the system evidence of the appointment as a sworn law enforcement officer at the time of employment and shall file evidence of satisfactory completion of the training program pursuant to chapter 23-3 within one year of employment;

            (14)    "Child," depending on the circumstances, as follows:

            (a)    For purposes of benefits pursuant to this chapter, an unmarried dependent child of the member, who has not passed the child's nineteenth birthday and each unmarried dependent child, who is totally and permanently disabled, either physically or mentally, regardless of the child's age, if the disability occurred before age nineteen. It includes a stepchild or a foster child who depends on the member for support and lives in the household of the member in a regular parent-child relationship. It also includes any child of the member conceived during the member's lifetime and born after the member's death; or

            (b)    For purposes of beneficiary-type payments pursuant to this chapter, a person entitled to take as a child via intestate succession pursuant to the provisions of Title 29A;

            (15)    "Certified school employee," any employee of a participating unit who is required to have a certificate as defined in subdivision 13-42-1(3);

            (16)    "Class A credited service," service credited as a Class A member of the system;

            (16)(17)    "Class A member," any member other than a Class B member or a Class C member and is either a foundation member or a generational member;

            (17)(18)    "Class B credited service," service credited as a Class B member of the system;

            (18)(19)    "Class B member," a member who is a justice, judge, state law enforcement officer, magistrate judge, police officer, firefighter, county sheriff, deputy county sheriff, 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;

            (19)(20)    "Class C credited service," service credited as a Class C member of the system;

            (20)(21)    "Class C member," any member of the cement plant retirement plan including any retiree or any vested member;

            (21)(22)    "Classified employees employee," employees an employee of a public school districts who are district who is not required by law to be a certified as teachers,

employees of the colleges and universities school employee, an employee of any college or university under the control of the board of regents who are Board of Regents who is not a faculty member or administrators and come an administrator and comes within the provisions of chapter 3-6D, employees of public corporations, employees of an employee of a public corporation, an employee of a chartered governmental units unit, and all any other participating employees employee not elsewhere provided for in this chapter;

            (22)(23)    "Comparable level position," a member's position of employment that is generally equivalent to the member's prior position of employment in terms of required education, required experience, required training, required work history, geographic location, and compensation and benefits;

            (23)(24)    "Conservation officers," employees of the Department of Game, Fish and Parks and the Division of Wildlife or Division of Custer State Park who are employed pursuant to § 41-2-11 and whose positions are subject to the requirements as to education and training provided in chapter 23-3;

            (24)(25)    "Consumer price index," the consumer price index for urban wage earners and clerical workers calculated by the United States Bureau of Labor Statistics;

            (25)(26)    "Contributory service," service to a participating unit during which contributions were made to a South Dakota Retirement System retirement system, which may not include years of credited service as granted in § 3-12-84 or 3-12-84.2;

            (25A)(27)    "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;

            (26)(28)    "Court services officers," persons appointed pursuant to § 26-7A-8;

            (27)(29)    "Covered employment," a member's employment as a permanent full-time employee by a participating unit;

            (28)(30)    "Deputy county sheriff," an employee of a county that is a participating unit, appointed by the board of county commissioners pursuant to §§ 7-12-9 and 7-12-10, who is a permanent full-time employee and whose position is subject to the minimum educational and training standards established by the law enforcement standards commission pursuant to chapter 23-3. The term does not include jailers or clerks appointed pursuant to §§ 7-12-9 and 7-12-10 unless the participating unit has requested that the jailer be considered as a deputy county sheriff and the Board of Trustees board has approved the request;

            (29)    "Disability" or "disabled," any medically determinable physical or mental impairment that prevents a member from performing the member's usual duties for the member's employer, even with accommodations, or performing the duties of a comparable level position for the member's employer. The term excludes any condition resulting from willful, self-inflicted injury;

            (30)(31)    "Effective date of retirement," the first day of the month in which retirement benefits are payable;

            (31)(32)    "Eligible retirement plan," the term eligible retirement plan includes those plans described in section 402(c)(8)(B) of the Internal Revenue Code;

            (32)(33)    "Eligible rollover distribution," any distribution to a member of accumulated contributions pursuant to § 3-12-76. The term does not include any portion of a distribution that represents contributions made to the system on an after tax basis nor distributions paid as a result of the member reaching the required beginning date;

            (33)(34)    "Employer," the State of South Dakota and any department, bureau, board, or commission of the State of South Dakota, or any of its governmental or political subdivisions or any public corporation of the State of South Dakota which that elects to become a participating unit;

            (34)(35)    "Employer contributions," amounts contributed by the employer of a contributing member, excluding member contributions made by an employer after June 30, 1984, pursuant to § 3-12-71;

            (35)(36)    "Equivalent public service," any public service other than as a justice, a judge, or a magistrate judge and comparable to Class B service as defined by this section, if the service is in the employ of a public entity that is not a participating unit;

            (36)(37)    "Fair value of assets," the total assets of the system at fair market value for securities traded on exchanges; for securities not traded on exchanges, a value based on similar securities; and for alternative investments, reported net asset value;

            (37)(38)    "Fair value funded ratio," the fair value of assets divided by the actuarial accrued liability;

            (38)(39)    "Fiduciary," any person who exercises any discretionary authority or control over the management of the system or the management or disposition of its assets, renders investment advice for a fee or other compensation, direct or indirect, or has any authority or responsibility to do so, or has any discretionary authority or responsibility in the administration of the system;

            (39)(40)    "Foundation member," any member of the system whose contributory service began before July 1, 2017;

            (40)(41)    "Foundation retiree," any foundation member who has retired with a benefit payable from the system;

            (41)(42)    "Firefighter," any full-time firefighter who works at least twenty hours a week and at least six months a year. The term does not include any volunteer firefighter;

            (42)    "Full-time student," a person who is in full-time attendance as a student at an educational institution, as determined by the board in light of the standards and practices of the institution involved, except that no individual may be considered a full-time student, if the student is paid by the student's employer while attending an educational institution at the request of, or pursuant to a requirement of, the employer;

            (43)    "Fund," public employees' retirement fund or funds established for the purposes of administration of this chapter;

            (44)    "Funded ratio," the actuarial value of assets divided by the actuarial accrued liability;

            (45)    "General employees employee," any full-time municipal employees who are not firefighters or police officers employee who is not a firefighter or a police officer;

            (46)(45)    "Generational member," any member of the system whose contributory service began after June 30, 2017;

            (47)(46)    "Generational retiree," any generational member who has retired with a benefit payable from the system;

            (48)(47)    "Health care provider," a physician or other health care practitioner licensed, registered, certified, or otherwise authorized by law to provide specified health services;

            (49)    "Highest annual compensation," a member's compensation used to calculate benefits under §§ 3-12-95, 3-12-99 and 3-12-105 before July 1, 2004, which was the highest annual compensation earned by the member during any one of the last three years of contributory service and which was not more than one hundred fifteen percent of the member's final compensation calculated as of the date of the member's death or disability;

            (50)(48)    "Internal Revenue Code," or "code," the Internal Revenue Code as in effect as of January 1, 2018 2019;

            (50A)(49)    "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;

            (51)(50)    "Law enforcement officer," an any agent of the state division of criminal investigation, an officer of the South Dakota Highway Patrol, a police officer, county sheriff, deputy county sheriff, or a firefighter;

            (52)(51)    "Member," any person who is participating in and contributing or has made contributions to the system and is either a foundation member or generational member. A person's membership ceases when the person withdraws his or her accumulated contributions after termination of employment;

            (53)(52)    "Member contributions," amounts contributed by members, including member contributions made by an employer after June 30, 1984, pursuant to § 3-12-71;

            (54)(53)    "Military service," a period of active duty with the United States Army, the United States Navy, the United States Air Force, the United States Marine Corps, or the United States Coast Guard, from which duty the member received an honorable discharge or an honorable release;

            (55)(54)    "Municipality," any incorporated municipal government under chapter 9-3 or any chartered governmental unit under the provisions of Article IX of the Constitution of the State of South Dakota;

            (56)(55)    "Noncontributory service," for foundation members, service delineated in subdivisions 3-12-89.3 (2), (5), (7), and (8), and for generational members, service pursuant to § 3-12-86;

            (57)(56)    "Normal cost," the expected long-term cost of the system benefits and expenses expressed as a percentage of payroll;

            (58)(57)    "Normal retirement," the termination of employment and application for benefits by a member with three or more years of contributory service or noncontributory service on or after the member's normal retirement age;

            (59)(58)    "Other public benefits," eighty percent of the primary insurance amount or primary

social security benefits that would be provided under federal social security;

            (60)(59)    "Other public service," service for the government of the United States, including military service; service for the government of any state or political subdivision thereof; service for any agency or instrumentality of any of the foregoing; or service as an employee of an association of government entities described in this subdivision;

            (61)(60)    "Park rangers," employees of the Department of Game, Fish and Parks within the Division of Parks and Recreation and whose positions are subject to the requirements as to education and training provided in chapter 23-3 and whose primary duty is law enforcement in the state park system;

            (62)(61)    "Parole agent," an employee of the Department of Corrections employed pursuant to § 24-15-14 who is actually involved in direct supervision of parolees on a daily basis;

            (63)(62)    "Participating unit," the State of South Dakota and any department, bureau, board, or commission of the State of South Dakota, and any of its political subdivisions or any public corporation of the State of South Dakota which that has employees who are members of the retirement system created in this chapter;

            (64)    Repealed by SL 2018, ch 32, § 4.

            (65)(63)    "Permanent full-time employee," any employee who has been placed in a permanent classification who is customarily employed by a participating unit for twenty hours or more a week and at least six months a year. The participating unit shall decide if an employee is a permanent full-time employee and that decision is conclusive;

            (66)(64)    "Plan year," a period extending from July first of one calendar year through June thirtieth of the following calendar year;

            (67)(65)    "Police officer," any employee in the police department of any participating municipality holding the rank of patrol officer, including probationary patrol officer, or higher rank and whose position is subject to the minimum educational and training standards established by the law enforcement officers standards commission pursuant to chapter 23-3. The term does not include civilian employees of a police department nor any person employed by a municipality whose services as a police officer require less than twenty hours a week and six months a year. If a municipality which is a participating unit operates a city jail, the participating unit may request that any jailer appointed pursuant to § 9-29-25 be considered a police officer, subject to the approval of the board;

            (68)(66)    "Political subdivision" includes any municipality, school district, county, chartered governmental unit, public corporation or entity, and special district created for any governmental function;

            (69)(67)    "Present value of all benefits," the present value of all benefits expected to be paid to all retired, terminated, and active members and beneficiaries, based on past and future credited service and future compensation increases.;

            (70)(68)    "Present value of benefits earned to date," the present value of the benefits currently being paid to retired members and their beneficiaries and the present value of benefits payable at retirement to active members, based on their earnings and credited service to date of the actuarial valuation;

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

            (72)(70)    "Projected service," the credited service plus the service which that the member would have been credited with at normal retirement age had the member continued in the system and received credit at the same rate the member was credited during the year covered by the compensation that was used in the calculation of the disability or family benefit;

            (73)(71)    "Qualified military service," service in the uniformed services as defined in § 414(u)(5) of the Internal Revenue Code;

            (74)(72)    "Required beginning date," the later of April first of the calendar year following the calendar year in which the member attains age seventy and one-half or April first of the calendar year following the calendar year in which the member retires;

            (75)(73)    "Retiree," any foundation or generational member who retires with a lifetime benefit payable from the system;

            (76)(74)    "Retirement," the severance of a member from the employ of a participating unit with a retirement benefit payable from the system;

            (77)(75)    "Retirement benefit," the monthly amount payable upon the retirement of a member;

            (78)(76)    "Single premium," the lump-sum amount paid by a supplemental pension participant pursuant to a supplemental pension contract in consideration for a supplemental pension benefit;

            (79)(77)    "Social investment," investment, divestment, or prohibition of investment of the assets of the system for purposes other than maximum risk-adjusted investment return, which other purposes include ideological purposes, environmental purposes, political purposes, religious purposes, or purposes of local or regional economic development;

            (80)    "Spouse," a person who was married to the member at the time of the death of the member and whose marriage was both before the member's retirement and more than twelve months before the death of the member;

            (81)(78)    "State employees," employees of the departments, bureaus, commissions, and boards of the State of South Dakota;

            (82)(79)    "Supplemental pension benefit," any single-premium immediate pension benefit payable pursuant to §§ 3-12-192 and 3-12-193;

            (83)(80)    "Supplemental pension contract," any agreement between a participant and the system upon which a supplemental pension is based, including the amount of the single premium, the type of pension benefit, and the monthly supplemental pension payment amount;

            (84)(81)    "Supplemental pension contract record," the record for each supplemental pension participant reflecting relevant participant data; a designation of any beneficiary, if any; the amount of the participant's funds rolled into the fund; the provisions of the

participant's supplemental pension contract; and supplemental pension payments made pursuant to the contract;

            (85)(82)    "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;

            (86)(83)    "Supplemental pension spouse," any person who was married to a supplemental pension participant at the time the participant entered into the supplemental pension contract;

            (87)(84)    "System," the South Dakota Retirement System created in this chapter;

            (88)(85)    "Tax-qualifying purchase unit," any participating unit which that elects to allow the unit's employees to purchase credited service on a tax-deferred basis by means of employer contribution agreements as outlined in §§ 3-12-83.1 and 3-12-83.2;

            (89)    "Teacher," any person who has a valid teacher's certificate issued by the State of South Dakota, who is in the employ of a public school district, and shall also include the certified teachers employed by the Human Services Center, South Dakota Developmental Center--Redfield, State Penitentiary, Department of Education, State Training School, School for the Deaf, School for the Blind and the Visually Impaired, Children's Care Hospital and School, public nonprofit special education facilities, community support providers certified by the Department of Human Services and public financed multi-district education programs;

            (90)    "Terminated," complete severance of employment from public service of any member by resignation or discharge, not including leave of absence, layoff, vacation leave, sick leave, or jury duty, and involving all termination proceedings routinely followed by the member's participating unit, including payment to the member for unused vacation leave, payment to the member for unused sick leave, payment to the member for severance of an employment contract, severance of employer-provided health insurance coverage, severance of employer-provided life insurance coverage, or severance of any other such employer-provided perquisite of employment granted by the member's participating unit to an active employee;

            (91)(86)    "Trustee," a member of the board of trustees;

            (92)(87)    "Unfunded actuarial accrued liability," the actuarial accrued liability less the actuarial value of assets;

            (93)    "Vested," the right to a retirement benefit from the system based on the provisions of this chapter after three years of contributory service or noncontributory service, even if the member leaves the employment of a participating unit, provided that the member does not withdraw accumulated contributions. A member who leaves the employment of a participating unit is not entitled to benefits under §§ 3-12-95, 3-12-98, 3-12-99, 3-12-104, and 3-12-105.

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

    For purposes of administering benefits pursuant to this chapter, the term, child, means an unmarried dependent child of the member, who has not passed the child's nineteenth birthday and each unmarried dependent child, who is totally and permanently disabled, either physically or mentally, regardless of the child's age, if the disability occurred before age nineteen. It includes a stepchild or a foster child who depends on the member for support and lives in the household of the

member in a regular parent-child relationship. It also includes any child of the member conceived during the member's lifetime and born after the member's death.

    For purposes of making beneficiary-type payments pursuant to this chapter, the term, child, means a person entitled to take as a child via intestate succession pursuant to the provisions of title 29A.

    Section 4. That § 3-12-47.10 be amended to read:

    3-12-47.10. The term, COLA or cost of living adjustment, means the annual increase in the amount of the benefit provided on July first, compounded annually. However, no annual increase may be provided unless the member has received benefit payments for at least the consecutive, twelve-month period before July first. The COLA payable is the baseline COLA or the restricted COLA, as applicable. The baseline COLA is equal to the increase in the consumer price index, but no less than one-half percent and no greater than three and one-half percent. The restricted COLA is equal to the increase in the consumer price index, but no less than one-half percent and no greater than the restricted COLA maximum as determined in subdivision (2) of this section. The board shall establish the COLA payable for each fiscal year, based on the fair value funded ratio and actuarially determined contribution rate of the system as of the prior July first and the increase in the consumer price index for the preceding third calendar quarter compared to the consumer price index for the third calendar quarter for the base year (the previous year in which the consumer price index was the highest), by utilizing one of the following subdivisions, as applicable:

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

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

    Section 5. That the code be amended by adding a NEW SECTION to read:

    The term, disability or disabled, means any medically determinable physical or mental impairment that prevents a member from performing the member's usual duties for the member's employer, even with accommodations, or performing the duties of a comparable level position for the member's employer. The term excludes any condition resulting from a willful, self-inflicted injury.

    Section 6. That the code be amended by adding a NEW SECTION to read:

    The term, spouse, means a person who was married to the member at the time of the death of the member and whose marriage was both before the member's retirement and more than twelve months before the death of the member.

    Section 7. That the code be amended by adding a NEW SECTION to read:

    The term, terminated, means complete severance of employment from public service of any member by resignation or discharge, not including leave of absence, layoff, vacation leave, sick leave, or jury duty, and involving all termination proceedings routinely followed by the member's participating unit, including payment to the member for unused vacation leave, payment to the member for unused sick leave, payment to the member for severance of an employment contract, severance of employer-provided health insurance coverage, severance of employer-provided life

insurance coverage, or severance of any other such employer-provided perquisite of employment granted by the member's participating unit to an active employee.

    Section 8. That the code be amended by adding a NEW SECTION to read:

    The term, vested, means the right to a retirement benefit from the system based on the provisions of this chapter after three years of contributory service or noncontributory service, even if the member leaves the employment of a participating unit, if the member does not withdraw accumulated contributions.

    Section 9. That § 3-12-50 be amended to read:

    3-12-50. Each trustee within ten days after his appointment or election being appointed or elected shall take and file in the Office of the Secretary of State the oath required by § 3-1-5.

    Section 10. That § 3-12-59 be amended to read:

    3-12-59. The Board of Trustees board shall keep complete records of their its proceedings which shall be open to public inspection. The board shall prepare a biennial written an annual report setting forth its financial information for the previous fiscal period including the amount of the accumulated cash and securities of the system, and the last actuarial balance sheet results of the most recent actuarial valuation. A copy of such the report shall be furnished to the fiscal officer of any participating unit, the auditor general, and the director of the Legislative Research Council available on the system's website.

    Section 11. That § 3-12-118.1 be repealed.

    Section 12. That § 3-12-56 be amended to read:

    3-12-56. Applications for membership for new or additional benefits, credited service, or benefit payments which may be granted by the board or any benefit shall be made to the executive director on forms approved by the board system.

    Section 13. That § 3-12-72.2 be amended to read:

    3-12-72.2. If the system is terminated, or if contributions to the system are discontinued, the rights of all members to benefits which that have accrued as of the date of termination or discontinuation of contributions shall vest. A member's recourse against the fund shall be limited by the extent to which his the member's benefits are funded.

    Section 14. That § 3-12-120 be amended to read:

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

    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 actuarial value funded ratio and fair value funded ratio as well as the ratios from the prior actuarial valuations performed after July 1, 1974.

    Section 15. That § 3-12-68 be amended to read:

    3-12-68. In the event If a participating unit and a nonparticipating South Dakota political subdivision or public corporation enter into an agreement agree to provide certain public services on a joint basis, they may agree to consider persons employed pursuant to such the agreement as if they were solely employees of the participating unit for the exclusive purposes of the system created in this chapter. The total compensation paid a person because of such the employment shall be considered compensation paid him by the participating unit and services rendered by such the person because of such the employment shall be considered service rendered by him the employee to the participating unit.

    Section 16. That § 3-12-86.1 be amended to read:

    3-12-86.1. If a member on leave of absence performing initial qualified military service dies, the member shall be considered to have returned from the leave of absence on the day before the member's death and become a contributing member for purposes of survivor benefits pursuant to § 3-12-95.5, if the member has at least one year of credited service prior to before the member's death, including the initial period of qualified military service. If the member was contributing for additional survivor protection benefits pursuant to § 3-12-104 immediately before the leave of absence, the member shall be considered to have resumed the contributions on the day before the member's death.

    If a member on leave of absence performing initial qualified military service becomes disabled pursuant to the disability criteria set out in this chapter 3-12, the member shall be considered to have returned from the leave of absence on the day before the member's discharge date and become a contributing member for purposes of eligibility for disability benefits pursuant to § 3-12-201, if the member has at least three years of credited service including the period of initial qualified military service. The provisions of § 3-12-201 notwithstanding, the member need not have been deemed to be a contributing member on the date of the member's disabling event.

    Section 17. That § 3-12-80 be repealed.

    Section 18. That § 3-12-84.1 be amended to read:

    3-12-84.1. A contributing member may acquire credited service by utilizing a trustee to trustee transfer of funds, excluding any after tax employee contributions, from a member's individual retirement plan that meets the requirements of sections 403(b) or 457 of the Internal Revenue Code to pay the cost of purchase pursuant to § 3-12-83, 3-12-84, or 3-12-84.2 or the amount of a redeposit pursuant to § 3-12-80.

    Section 19. That § 3-12-89.2 be amended to read:

    3-12-89.2. For any foundation member, the term, accumulated contributions, means the sum of:

            (1)    All contributions made by the member, including member contributions made by an employer after June 30, 1984, pursuant to § 3-12-71;

            (2)    For a member whose contributory service concluded after June 30, 2010, eighty-five percent of the employer contributions or noncontributory service if the member had three years or more of contributory service and fifty percent of the employer contributions if the member had less than three years of service; or for a member whose contributory service concluded before July 1, 2010, one hundred percent of the employer contributions or noncontributory service if the member had three years or more of contributory service and seventy-five percent of the employer contributions if the member had less than three years of service;

            (3)    Member redeposits pursuant to § 3-12-80 and member credited service purchases pursuant to §§ 3-12-83, 3-12-84, and 3-12-84.2; and

            (4)    The effective rate of interest earned on the sum of subdivisions (1), (2), and (3).

    Section 20. That § 3-12-77.1 be amended to read:

    3-12-77.1. If any payment from the system remains uncollected for a period of three years following the date upon which a warrant for the payment was issued, the payment shall revert to the system and all rights to such the payment shall terminate, if the system has made reasonable efforts to notify the person entitled to the payment of his the person's right to the payment and the effect of this section.

    Section 21. That § 3-12-77.4 be amended to read:

    3-12-77.4. No member or former member of the system who has withdrawn contributions from the system prior to before July 1, 1998, may receive any additional refund under the provisions of §§ 3-12-47 to 3-12-152 pursuant to this chapter.

    Section 22. That the code be amended by adding a NEW SECTION to read:

    A member who leaves the employment of a participating unit is not entitled to disability benefits and the member's surviving spouse and minor children are not entitled to any benefits pursuant to this chapter.

    Section 23. That the code be amended by adding a NEW SECTION to read:

    The COLA payable is the baseline COLA or the restricted COLA, as applicable. The baseline COLA is equal to the increase in the consumer price index, but no less than one-half percent and no greater than three and one-half percent. The restricted COLA is equal to the increase in the consumer price index, but no less than one-half percent and no greater than the restricted COLA maximum as determined in subdivision (2) of this section. The board shall establish the COLA payable for each fiscal year, based on the fair value funded ratio and actuarially determined contribution rate of the system as of the prior July first and the increase in the consumer price index for the preceding third calendar quarter compared to the consumer price index for the third calendar quarter for the base year (the previous year in which the consumer price index was the highest), by utilizing one of the following subdivisions, as applicable:

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

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

    Section 24. That § 3-12-108 be amended to read:

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


    Section 25. That the code be amended by adding a NEW SECTION to read:

    To calculate benefits pursuant to §§ 3-12-95, 3-12-99, and 3-12-105 before July 1, 2004, the system shall use the member's highest annual compensation earned by the member during any one of the last three years of contributory service, so long as it is not more than one hundred fifteen percent of the member's final compensation calculated as of the date of the member's death or disability.

    Section 26. That § 3-12-95.5 be amended to read:

    3-12-95.5. If no family benefit is being paid pursuant to § 3-12-95.4, a surviving spouse of a contributing foundation member who had acquired at least three years of contributory service or noncontributory service or died while performing usual duties for the employer and who died after June 30, 2015, shall is, upon attaining the age of sixty-five, eligible to receive a surviving spouse benefit calculated as follows, whichever is applicable:

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

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

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

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

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

    Section 27. That the code be amended by adding a NEW SECTION to read:

    The provisions of §§ 3-12-201 to 3-12-216, inclusive, apply to any member whose application for disability benefits is received by the system after June 30, 2015.

    Section 28. That § 3-12-201 be amended to read:

    3-12-201. A contributing member who becomes disabled and who has acquired at least three years of contributory service or noncontributory service since the member's most recent entry into active status and before becoming disabled, or was disabled by accidental means while performing usual duties for an employer, is eligible for disability benefits if the disability is expected to be of long, continued, and indefinite duration of at least one year and the member is disabled on the date the member's contributory service ends. For purposes of this section, a transfer within a participating unit, or a change in employment from one participating unit to another participating unit if there is no break in contributory service, does not constitute a new entry into active status. The provisions of this section apply to any member whose application for disability benefits is received by the system after June 30, 2015.

    Section 29. That § 3-12-208 be amended to read:

    3-12-208. No member may receive credited service for the period during which the member receives disability benefits pursuant to § 3-12-207.


    Section 30. That § 3-12-209 be amended to read:

    3-12-209. If a member receiving disability benefits pursuant to § 3-12-207 becomes employed by a participating unit, the member and employer shall make active contributions pursuant to § 3-12-71 during the period of the employment. The contributions required of the member pursuant to § 3-12-71 shall be deposited by the member's employer with the system for the benefit of the member to be transferred to an account within the deferred compensation program established pursuant to chapter 3-13. The contributions shall be governed by § 457 of the Internal Revenue Code. Notwithstanding the provisions of § 3-12-71, the contributions required of the member's employer pursuant to § 3-12-71 shall be deposited into the member trust fund created by this chapter 3-12, but without any association with or credit to the member.

    Section 31. That § 3-12-210 be amended to read:

    3-12-210. A member's disability benefits pursuant to § 3-12-207 terminate if the member is no longer disabled, as certified by a health care provider. Upon receipt of certification the executive director shall determine whether the member meets the qualifications for disability benefits. In making this determination the executive director shall follow the same procedure used in making the initial determination of disability provided in § 3-12-205. A member's disability benefits shall be suspended and subject to termination if the member refuses to undergo an examination or assessment requested by the disability advisory committee or the executive director. If the executive director finds that the member no longer meets the qualifications for disability benefits, the executive director shall notify the member of this finding by certified mail and the payment of disability benefits shall terminate thirty days after receipt of the notice. The finding by the executive director is subject to appeal and review as a contested case.

    Section 32. That § 3-12-211 be amended to read:

    3-12-211. If a member's disability benefits pursuant to § 3-12-207 have terminated and the member returns to covered employment, the member and employer shall make contributions pursuant to § 3-12-71.

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

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

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

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

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

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

    Section 35. That § 3-12-214 be amended to read:


    3-12-214. Upon the death of a member receiving disability benefits pursuant to § 3-12-207, who dies prior to normal retirement age, a family benefit shall be paid on behalf of any eligible child of the member. The monthly amount of the family benefit is the amount of the monthly disability benefits the member received before death. The monthly family benefit shall be equally apportioned among any eligible children of the member and shall be paid on behalf of any child to the conservator or custodian of the child, as applicable. However, if the child is eighteen years of age the benefit is payable directly to the child. As a child becomes ineligible, the family benefit shall be reallocated among any remaining eligible children of the deceased member. The family benefit terminates if there are no eligible children of the deceased member.

    Section 36. That § 3-12-215 be amended to read:

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

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

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

    Section 37. That § 3-12-216 be amended to read:

    3-12-216. If a member dies after normal retirement age while receiving disability benefits pursuant to § 3-12-207, and no other benefits are being paid on behalf of the member, the member's surviving spouse shall receive a surviving spouse benefit, payable in monthly installments, equal to sixty percent of the monthly disability benefit that the member received prior to before death.

    Section 38. That § 3-12-516 be amended to read:

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

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

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

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

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

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

spouse.

    Section 39. That § 3-12-93 be amended to read:

    3-12-93. Any justice of the Supreme Court or judge of the circuit court of this state who is automatically retired pursuant to the provisions of § 16-1-4.1 or 16-6-31, or who, having reached age seventy, retired prior to before January 7, 1975, and who has not fully qualified for retirement benefits as provided by this chapter shall nevertheless receive retirement benefits in the proportion that his or her total time served bears to fifteen years, or if he the justice or judge has served in excess of fifteen years then receive full benefits.

    Section 40. That § 3-12-113 be amended to read:

    3-12-113. In the event of the death of a member who is receiving benefits under this chapter, or on whose account a benefit is payable or children are no longer qualified, the benefit payable to or on account of that person shall be terminated on the last day of the month in which an event occurs which effects a termination. Monthly benefits paid to a member cease on the last day of the month in which the member died. Monthly benefits paid to a surviving spouse cease on the last day of the month in which the surviving spouse died. Monthly benefits paid to a child cease on the last day of the month in which the child died or the last day of the month in which the child became ineligible, whichever occurs first.

    Section 41. That § 3-12-200 be amended to read:

    3-12-200. If, after March 31, 2010, a retired member reenters covered employment at some time after the three consecutive calendar months that start with the member's effective date of retirement, the member's retirement benefits and continued membership shall be administered pursuant to this section.

    If the retired member's benefits have not been reduced pursuant to § 3-12-106, the member's monthly retirement benefit shall be reduced by fifteen percent and the annual increase shall be eliminated throughout the period that the member reenters covered employment in accord with § 3-12-88. The reduction and elimination shall cease if the member again terminates covered employment. However, the reduction and elimination do not apply if the member retired as a Class B member other than a justice, judge, or magistrate judge and subsequently reenters covered employment as a Class A member.

    If the retired member's benefits have been reduced pursuant to § 3-12-106, the member's benefits shall be suspended during the period that the member reenters covered employment and the annual increase shall be eliminated during the period that the member reenters covered employment pursuant to § 3-12-111.1. The suspension and elimination shall cease if the member again terminates covered employment.

    Whether the member's retirement benefits are unreduced or reduced, contributions required of the member pursuant to § 3-12-71 shall be deposited by the member's participating unit with the system for the benefit of the member to be transferred to an account within the deferred compensation program established pursuant to chapter 3-13. The contributions shall be governed by § 457 of the Internal Revenue Code. However, the contributions required of the member's employer unit pursuant to § 3-12-71 shall be deposited into the fund created by this chapter, but with no association or credit to the member. The member may not earn any additional benefits associated with the period that the member reenters covered employment.

    Section 42. That § 3-12-518 be repealed.

    Section 43. That § 3-12-69 be amended to read:


    3-12-69. Employees of an eligible political subdivision or public corporation not participating in the systems consolidated into the system created by this chapter, may become a participating unit in the system if the unit commits to deposit an amount equal to the present value of the benefits earned to date, based on the employee's prior service to the unit to be covered by the system. The expense of the actuarial determination of this amount shall be borne by the applicant. All eligible employees of an applicant shall participate in the system upon admission. If the unit is unable to deposit this amount in a single sum, the unit shall have the option to pay the amount by periodic level installments over a period up to twenty years, the value of which, when discounted for compound interest at the assumed rate of return, is equal to the amount due at the date of participation.

    Section 44. The provisions of Articles 20:16 and 62:01 of the Administrative Rules of South Dakota promulgated pursuant to chapter 3-12 in effect as of January 1, 2019, shall continue with full force and effect until those rules are amended by the board.

    Section 45.  Pursuant to § 2-16-9, the Code Counsel shall transfer sections 2 to 43, inclusive, of this Act, to a NEW CHAPTER 3-12C. Pursuant to § 2-16-9, the Code Commission and Code Counsel are requested to correct and integrate all cross-references from chapter 3-12 that have been transferred to a NEW CHAPTER 3-12C pursuant to this Act.

     Signed February 19, 2019
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\023.wpd
CHAPTER 23

(HB 1011)

Provisions updated
relating to the South Dakota Retirement System.


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

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

    Section 1. That subdivision (50A) of § 3-12-47 be amended 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 or a person who is charged with the care, custody, and control of juveniles at a juvenile corrections facility under the control of a participating unit;

    Section 2. That § 3-12-64 be amended to read:

    3-12-64. A full-time elective officer if he is newly-elected official, who is a permanent full-time employee of a participating unit and not a contributing member of the system at the date the participating unit enters the system or on July 1, 1974, and is not otherwise excluded, may elect to become a member, provided, however, his. However, the official shall make the election when the official is first eligible to participate in the system, and the official's election is irrevocable for as long as the official is an elected official. If the official is a current contributing member or has previously contributed to the system, the elected official shall participate in the system. If an elected official has elected not to participate in the system, the official is not eligible to make a new election. The official's credited service shall be is limited to service for which contributions were are made.

    Section 3. That § 3-12-63 be amended to read:



    3-12-63. Membership in the system shall exclude the following:

            (1)    All elective officers officials except justices and judges, unless such person elects the official is currently contributing or has previously contributed to the system or the official has elected and is otherwise qualified to become a member of the system;

            (2)    All personnel in the Department of Labor and Regulation who were employed before July 1, 1980, and who elect to remain participants in the retirement system provided by chapter 61-2;

            (3)    The governing body of any participating county, municipality, or other political subdivision; and

            (4)    All personnel employed by the municipality of Sioux Falls before July 1, 2013. However, any person employed before July 1, 2013, who separates from service with the municipality of Sioux Falls and is subsequently rehired by the municipality of Sioux Falls and begins working after June 30, 2013, as a permanent full-time employee shall be a member of the system.

    Section 4. That § 3-12-76 be amended to read:

    3-12-76. A member who terminates public service has left covered employment may withdraw the sum of the member's accumulated contributions upon notarized application to the system. 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 if the member returns to covered employment with a participating unit.

    Section 5. That § 3-12-85 be amended to read:

    3-12-85. A member taking a leave of absence authorized by his the member's employer may receive credited service during such the leave if employee and employer contributions are made to the system during such the leave by or on behalf of the employee. Such The contributions shall be at the rates in effect during such the leave and shall be based on the member's rate of compensation immediately prior to such the leave. Such If a member's rate of compensation causes the member's compensation for the calendar year to exceed the maximum taxable amount for social security, the contributions shall include the additional contribution pursuant to § 3-12-91.1. The contributions shall be transmitted to the system at least monthly. For purposes of calculation of benefits, the member shall be considered to have received compensation during the period of such the leave at the rate used to calculate the contributions made during such the leave. If contributions are not made during such the leave, the member may receive credited service for such the leave by making contributions, or having contributions made on his the member's behalf, contributions as provided in § 3-12-83.

    Section 6. That § 3-12-53 be amended to read:

    3-12-53. If an employee any trustee ceases to be a member, or any nonemployee elected trustee no longer serves in the capacity that qualified the trustee for membership on the Board of Trustees board, the trustee is considered to have resigned from the board, and the board shall select a replacement trustee to serve for the remainder of the term on June thirtieth of the following calendar year. The vacancy created by the resignation shall be filled through the annual election process. However, if the vacancy is not filled through the annual election process, the board shall fill the vacancy by appointment. The person elected or appointed shall serve a four-year term regardless of the time remaining in the term of the trustee who ceased serving in the qualifying capacity. The provisions of this section do not apply to any trustee who, on January 1, 2019, is no longer serving

in the capacity that qualified the trustee.

    Section 7. That § 3-12-49 be amended to read:

    3-12-49. Each group of retirement system members who are vested or are currently contributing or employers as set out in § 3-12-48 shall elect their its own trustee or trustees in a separate election. The trustees board shall promulgate rules and regulations, pursuant to chapter 1-26, to carry out the elections. The regular term of office of a trustee shall be is four years with three terms expiring and expires on June thirtieth of each year and two additional terms to expire on June thirtieth every fourth year. The appointees of the Governor shall serve at the pleasure of the Governor. The term of the representative appointee of the Investment Council shall be one year and the representative shall be appointed by serve at the pleasure of the Investment Council. Unless a trustee has resigned, is deemed to have resigned pursuant to § 3-12-53, or has died, the trustee shall continue to serve until the trustee's successor has been designated and has qualified. Except for appointees of the Governor and Investment Council, upon the death or resignation of a trustee, the board shall appoint a successor. The successor trustee shall fill the position immediately and serve until the June thirtieth that is no less than three but no more than four years after taking office.

    Section 8. 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 pretax 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. 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 9. 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 to newly-employed members hired after a specified future date, any state employees not participating in contributing to 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 contributing to 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 10. That § 3-13A-5 be amended to read:

    3-13A-5. Upon a participant's termination of employment, the participating unit shall transmit the gross amount of the participant's special pay to the fund. However, except to the extent permitted under § 414(v) of the code, if applicable, a contribution allocated to a participant's account under the program may not exceed forty-one thousand dollars, as adjusted for increases in the cost-of-living pursuant to § 415(d) of the code the limitation for defined contribution plans pursuant to § 415(c)(1)(A) of the code, or one hundred percent of the participant's compensation, as identified in § 415(c)(3) of the code for the calendar year. For the purposes of the limitations under this section, all of the defined contribution plans of a participant's employer, whether terminated or current, shall be treated as a single defined contribution plan.

    Section 11. That ARSD 62:01:07:05 be amended to read:

    62:01:07:05...Procedure for filling a vacancy on the board. The executive director shall be notified of a vacancy on the board by the vacating board member, by the member's participating unit's governing body, by the member's employer, or by any other board member. Upon the executive director's receipt of notice, the procedure to fill the vacancy shall be as follows:

    (1)..The executive director shall notify all members of the board of the vacancy;

    (2)..If circumstances permit, the executive director shall ask the incumbent to recommend a replacement to serve in the incumbent's stead;

    (3)..If the vacancy is for a trustee to serve on behalf of an employer represented group, the executive director shall notify the governing body of each participating unit affected by the vacancy of the vacancy and request the governing body's input in seeking a qualified candidate. The executive director shall solicit résumés of qualified persons from governing bodies and interested persons. The résumés shall be submitted to the executive director. If a state-wide association exists that is made up of members of the employer represented group, the executive director shall notify the association

of the vacancy and request the association's input in seeking a qualified candidate. If the vacancy is for a trustee to serve on behalf of an employee represented group, the executive director shall notify all authorized agents for the group affected by the vacancy of the vacancy and request that all employees affected by the vacancy be advised of the vacancy. Any interested member of the represented group may submit his or her résumé to the executive director. If a state-wide association exists that is made up of members of the employee represented group, the executive director shall notify the association of the vacancy and request the association's input in seeking a qualified candidate;

    (4)..The executive director shall provide to each board member a copy of each résumé received; and

    (5)..At its the next regularly-scheduled board meeting following a sufficient period of time to receive resumes, the board, by secret ballot, shall select a replacement trustee from among those persons who submitted résumés; and

    (6)..The replacement trustee shall fill the vacancy on the board immediately and shall serve until the regular term of the vacancy has been completed and the position is filled for a new term through a normal election pursuant to SDCL 3-12-49 and chapter 62:01:05.

    The provisions of this section notwithstanding, no vacant position may be filled unless the vacancy occurs at least eight months prior to when a normal election for a regular term will be completed to fill that trustee position pursuant to SDCL 3-12-49 and chapter 62:01:05.

    Section 12. 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 contributing to 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 contributing to 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 13. That ARSD 62:03:07:02.01 be amended 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 contributing to 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 13, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\024.wpd
CHAPTER 24

(HB 1045)

Campus security officers defined
for the South Dakota Retirement System.


        ENTITLED, An Act to revise the definition of campus security officers for purposes of the South Dakota Retirement System.

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

    Section 1. That subdivision (13) of § 3-12-47 be amended to read:

            (13)    "Campus security officers," employees of the Board of Regents whose positions are subject to the minimal educational training standards established by the law enforcement standards commission pursuant to chapter 23-3 and, who satisfactorily complete the training required by chapter 23-3 within one year of employment, and whose primary duty as sworn law enforcement officers is to preserve the safety of the students, faculty, staff, visitors, and the property of the University of South Dakota and South Dakota State University university. The employer shall file with the system evidence of the appointment as a sworn law enforcement officer at the time of employment and shall file evidence of satisfactory completion of the training program pursuant to chapter 23-3 within one year of employment;

     Signed February 14, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\024.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\025.wpd
CHAPTER 25

(HB 1022)

The limitations on indemnification by the state.


        ENTITLED, An Act to revise certain provisions regarding the limitations on indemnification by the state.

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

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

    No agreement providing for indemnification by the state is enforceable against the state, except to the extent that liability coverage is provided for the indemnification pursuant to § 3-22-1, funds are specifically appropriated by the Legislature to provide for the indemnification, or the Legislature has expressly authorized the indemnification.

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

    The state treasurer is authorized to include indemnity provisions in contracts with banks regarding the establishment and maintenance of accounts for the provision of payment processing.

     Signed March 20, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\026.wpd
CHAPTER 26

(HB 1064)

Temporary appointments
to the State Government Accountability Board.


        ENTITLED, An Act to authorize temporary appointments to the State Government Accountability Board.

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

    Section 1. That § 3-24-1 be amended to read:

    3-24-1. There is hereby created a State Government Accountability Board to be composed of four members appointed by the Governor. Each member to be appointed shall be a former or retired circuit court judge or Supreme Court Justice. No more than two of the appointed members may be of the same political party. All appointees are subject to confirmation by the Senate and no appointee may be a member of the Legislature during the member's term on the board. The term for a board member is five years and a board member may only be removed for good cause. Good cause to remove a member is conduct such as: malfeasance or misfeasance in office, neglect of duty, corrupt conduct, gross incompetency, or active partisanship. A vacancy in the board's membership shall be filled by the Governor within thirty days of the event causing the vacancy. If a vacancy occurs before a term expires, the new member shall serve for the remaining portion of the unexpired term. If the Senate is not in session at the time the appointment is made, the appointee may serve until the Senate has the opportunity to consider the appointment. The per diem and expenses of the board are the same as the per diem and expenses for members of interim committees of the Legislature. The Governor may appoint a temporary board member if a member is recused or otherwise unavailable to participate. A temporary appointment is not subject to confirmation by the Senate.

     Signed February 19, 2019
_______________
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PUBLIC FISCAL ADMINISTRATION

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\027.wpd
CHAPTER 27

(SB 191)

The General Appropriations Act for the ordinary expenses
of state government for fiscal year 2020.


        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, 2020.

GENERAL FEDERAL OTHER TOTAL
FUNDS FUNDS FUNDS FUNDS
SECTION 2. OFFICE OF THE GOVERNOR  
    (1) Office of the Governor  
  Personal Services   $1,938,848   $0   $0   $1,938,848  
  Operating Expenses   $455,609   $0   $0   $455,609  
           
  Total   $2,394,457   $0   $0   $2,394,457  
  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   $2,447,071   $561,046   $779,194   $3,787,311  
  Operating Expenses   $4,923,059   $8,925,524   $39,402,154   $53,250,737  
           
  Total   $7,370,130   $9,486,570   $40,181,348   $57,038,048  
  F.T.E.         48.6  
           
    (4) SD Housing Development Authority - Informational  
  Personal Services   $0   $1,314,424   $3,670,216   $4,984,640  
  Operating Expenses   $0   $711,419   $6,847,411   $7,558,830  
           
  Total   $0   $2,025,843   $10,517,627   $12,543,470  
  F.T.E.         65.0  
           
    (5) SD Science and Tech Authority - Informational  
  Personal Services   $0   $0   $4,857   $4,857  
  Operating Expenses   $0   $0   $2,487,442   $2,487,442  
           
  Total   $0   $0   $2,492,299   $2,492,299  
  F.T.E.         0.0  
           
    (6) Ellsworth Authority - Informational  
  Personal Services   $0   $0   $0   $0  
  Operating Expenses   $0   $0   $709,881   $709,881  
           
  Total   $0   $0   $709,881   $709,881  
  F.T.E.         0.0  
           
    (7) REDI Grants  
  Operating Expenses   $0   $0   $1,751,608   $1,751,608  
           
  Total   $0   $0   $1,751,608   $1,751,608  
  F.T.E.         0.0  
           
    (8) 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) Economic Development Partnership  
  Operating Expenses   $0   $0   $375,000   $375,000  
           
  Total   $0   $0   $375,000   $375,000  
  F.T.E.         0.0  
           
    (10) SD Housing Opportunity  
  Operating Expenses   $1,040,000   $0   $3,040,000   $4,080,000  
           
  Total   $1,040,000   $0   $3,040,000   $4,080,000  
  F.T.E.         0.0  
           
    (11) 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   $22,245   $0   $0   $22,245  
  Operating Expenses   $13,563   $0   $0   $13,563  
           
  Total   $35,808   $0   $0   $35,808  
  F.T.E.         0.5  
           
    (13) DEPARTMENT TOTAL, OFFICE OF THE GOVERNOR  
  Personal Services   $4,408,164   $1,875,470   $4,454,267   $10,737,901  
  Operating Expenses   $8,467,231   $9,636,943   $56,083,496   $74,187,670  
           
  Total   $12,875,395   $11,512,413   $60,537,763   $84,925,571  
  F.T.E.         135.6  
           
SECTION 3. BUREAU OF FINANCE AND MANAGEMENT (BFM)  
    (1) Bureau of Finance and Management  
  Personal Services   $724,882   $0   $2,503,446   $3,228,328  
  Operating Expenses   $245,819   $0   $2,890,462   $3,136,281  
           
  Total   $970,701   $0   $5,393,908   $6,364,609  
  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   $2,530   $2,530  
  Operating Expenses   $0   $0   $562,047   $562,047  
           
  Total   $0   $0   $564,577   $564,577  
  F.T.E.         0.0  
           
    (4) Health and Education Facilities Authority - Informational  
  Personal Services   $0   $0   $475,425   $475,425  
  Operating Expenses   $0   $0   $219,750   $219,750  
           
  Total   $0   $0   $695,175   $695,175  
  F.T.E.         6.0  
           
    (5) Employee Compensation and Billing Pools  
  Personal Services   $17,191,573   $8,226,015   $20,191,098   $45,608,686  
  Operating Expenses   $1,913,712   $1,375,155   $4,009,694   $7,298,561  
           
  Total   $19,105,285   $9,601,170   $24,200,792   $52,907,247  
  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   $17,916,455   $8,226,015   $23,172,499   $49,314,969  
  Operating Expenses   $2,159,531   $1,375,155   $9,821,558   $13,356,244  
           
  Total   $20,075,986   $9,601,170   $32,994,057   $62,671,213  
  F.T.E.         42.0  
           
SECTION 4. BUREAU OF ADMINISTRATION (BOA)  
    (1) Administrative Services  
  Personal Services   $0   $0   $400,743   $400,743  
  Operating Expenses   $683   $0   $113,411   $114,094  
           
  Total   $683   $0   $514,154   $514,837  
  F.T.E.         3.5  
           
    (2) Central Services  
  Personal Services   $194,919   $0   $7,183,439   $7,378,358  
  Operating Expenses   $210,487   $0   $19,225,121   $19,435,608  
           
  Total   $405,406   $0   $26,408,560   $26,813,966  
  F.T.E.         135.5  
           
    (3) State Engineer  
  Personal Services   $0   $0   $1,173,951   $1,173,951  
  Operating Expenses   $0   $0   $243,121   $243,121  
           
  Total   $0   $0   $1,417,072   $1,417,072  
  F.T.E.         15.0  
           
    (4) Statewide Maintenance and Repair  
  Operating Expenses   $15,699,272   $500,000   $4,089,246   $20,288,518  
           
  Total   $15,699,272   $500,000   $4,089,246   $20,288,518  
  F.T.E.         0.0  
           
    (5) Office of Hearing Examiners  
  Personal Services   $274,490   $0   $0   $274,490  
  Operating Expenses   $75,040   $0   $0   $75,040  
           
  Total   $349,530   $0   $0   $349,530  
  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   $637,504   $637,504  
  Operating Expenses   $0   $0   $3,453,567   $3,453,567  
           
  Total   $0   $0   $4,091,071   $4,091,071  
  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   $469,409   $0   $9,395,637   $9,865,046  
  Operating Expenses   $16,705,482   $500,000   $31,183,364   $48,388,846  
           
  Total   $17,174,891   $500,000   $40,579,001   $58,253,892  
  F.T.E.         165.0  
           
SECTION 5. BUREAU OF INFORMATION AND TELECOMMUNICATIONS (BIT)  
    (1) Data Centers  
  Personal Services   $0   $0   $5,404,813   $5,404,813  
  Operating Expenses   $0   $0   $4,238,243   $4,238,243  
           
  Total   $0   $0   $9,643,056   $9,643,056  
  F.T.E.         64.0  
           
    (2) Development  
  Personal Services   $0   $0   $12,683,059   $12,683,059  
  Operating Expenses   $0   $0   $2,121,284   $2,121,284  
           
  Total   $0   $0   $14,804,343   $14,804,343  
  F.T.E.         153.0  
           
    (3) Telecommunications Services  
  Personal Services   $0   $0   $7,131,723   $7,131,723  
  Operating Expenses   $0   $0   $11,921,444   $11,921,444  
           
  Total   $0   $0   $19,053,167   $19,053,167  
  F.T.E.         89.0  
           
    (4) South Dakota Public Broadcasting  
  Personal Services   $2,941,297   $0   $1,177,026   $4,118,323  
  Operating Expenses   $1,265,284   $422,484   $2,846,154   $4,533,922  
           
  Total   $4,206,581   $422,484   $4,023,180   $8,652,245  
  F.T.E.         63.5  
           
    (5) BIT Administration  
  Personal Services   $0   $0   $1,438,876   $1,438,876  
  Operating Expenses   $0   $0   $328,774   $328,774  
           
  Total   $0   $0   $1,767,650   $1,767,650  
  F.T.E.         15.0  
           
    (6) State Radio Engineering  
  Personal Services   $773,154   $122,531   $12,123   $907,808  
  Operating Expenses   $2,305,943   $91,689   $143,931   $2,541,563  
           
  Total   $3,079,097   $214,220   $156,054   $3,449,371  
  F.T.E.         11.0  
           
    (7) DEPARTMENT TOTAL, BUREAU OF INFORMATION AND TELECOMMUNICATIONS (BIT)  
  Personal Services   $3,714,451   $122,531   $27,847,620   $31,684,602  
  Operating Expenses   $3,571,227   $514,173   $21,599,830   $25,685,230  
           
  Total   $7,285,678   $636,704   $49,447,450   $57,369,832  
  F.T.E.         395.5  
           
SECTION 6. BUREAU OF HUMAN RESOURCES (BHR)  
    (1) Personnel Management/Employee Benefits  
  Personal Services   $220,889   $0   $4,793,774   $5,014,663  
  Operating Expenses   $63,810   $0   $2,061,607   $2,125,417  
           
  Total   $284,699   $0   $6,855,381   $7,140,080  
  F.T.E.         73.5  
           
    (2) DEPARTMENT TOTAL, BUREAU OF HUMAN RESOURCES (BHR)  
  Personal Services   $220,889   $0   $4,793,774   $5,014,663  
  Operating Expenses   $63,810   $0   $2,061,607   $2,125,417  
           
  Total   $284,699   $0   $6,855,381   $7,140,080  
  F.T.E.         73.5  
           
SECTION 7. DEPARTMENT OF REVENUE  
    (1) Administration, Secretary of Revenue  
  Personal Services   $0   $0   $2,258,049   $2,258,049  
  Operating Expenses   $0   $0   $1,654,949   $1,654,949  
           
  Total   $0   $0   $3,912,998   $3,912,998  
  F.T.E.         29.0  
           
    (2) Business Tax  
  Personal Services   $0   $0   $3,659,519   $3,659,519  
  Operating Expenses   $0   $0   $898,716   $898,716  
           
  Total   $0   $0   $4,558,235   $4,558,235  
  F.T.E.         59.5  
           
    (3) Motor Vehicles  
  Personal Services   $0   $0   $2,583,767   $2,583,767  
  Operating Expenses   $0   $300,000   $6,451,564   $6,751,564  
           
  Total   $0   $300,000   $9,035,331   $9,335,331  
  F.T.E.         47.0  
           
    (4) Property and Special Taxes  
  Personal Services   $1,051,364   $0   $0   $1,051,364  
  Operating Expenses   $264,368   $0   $0   $264,368  
           
  Total   $1,315,732   $0   $0   $1,315,732  
  F.T.E.         15.0  
           
    (5) Audits  
  Personal Services   $0   $0   $3,952,996   $3,952,996  
  Operating Expenses   $0   $0   $643,733   $643,733  
           
  Total   $0   $0   $4,596,729   $4,596,729  
  F.T.E.         57.0  
           
    (6) Instant and On-line Operations - Informational  
  Personal Services   $0   $0   $1,482,602   $1,482,602  
  Operating Expenses   $0   $0   $36,941,063   $36,941,063  
           
  Total   $0   $0   $38,423,665   $38,423,665  
  F.T.E.         21.0  
           
    (7) Video Lottery  
  Personal Services   $0   $0   $739,272   $739,272  
  Operating Expenses   $0   $0   $1,943,079   $1,943,079  
           
  Total   $0   $0   $2,682,351   $2,682,351  
  F.T.E.         10.0  
           
    (8) Commission on Gaming - Informational  
  Personal Services   $0   $0   $1,082,644   $1,082,644  
  Operating Expenses   $0   $0   $9,611,286   $9,611,286  
           
  Total   $0   $0   $10,693,930   $10,693,930  
  F.T.E.         16.0  
           
    (9) DEPARTMENT TOTAL, DEPARTMENT OF REVENUE  
  Personal Services   $1,051,364   $0   $15,758,849   $16,810,213  
  Operating Expenses   $264,368   $300,000   $58,144,390   $58,708,758  
           
  Total   $1,315,732   $300,000   $73,903,239   $75,518,971  
  F.T.E.         254.5  
           
SECTION 8. DEPARTMENT OF AGRICULTURE...............  
    (1) Administration, Secretary of Agriculture  
  Personal Services   $789,977   $43,993   $79,053   $913,023  
  Operating Expenses   $416,073   $18,665   $93,841   $528,579  
           
  Total   $1,206,050   $62,658   $172,894   $1,441,602  
  F.T.E.         10.5  
           
    (2) Agricultural Services and Assistance  
  Personal Services   $1,725,377   $1,724,856   $1,250,151   $4,700,384  
  Operating Expenses   $653,091   $2,342,952   $1,931,457   $4,927,500  
           
  Total   $2,378,468   $4,067,808   $3,181,608   $9,627,884  
  F.T.E.         79.9  
           
    (3) Agricultural Development and Promotion  
  Personal Services   $869,922   $478,777   $42,084   $1,390,783  
  Operating Expenses   $372,564   $1,051,710   $279,261   $1,703,535  
           
  Total   $1,242,486   $1,530,487   $321,345   $3,094,318  
  F.T.E.         23.0  
           
    (4) Animal Industry Board  
  Personal Services   $1,807,725   $1,129,317   $138,759   $3,075,801  
  Operating Expenses   $345,423   $624,010   $3,489,683   $4,459,116  
           
  Total   $2,153,148   $1,753,327   $3,628,442   $7,534,917  
  F.T.E.         41.0  
           
    (5) American Dairy Association - Informational  
  Operating Expenses   $0   $0   $2,750,200   $2,750,200  
           
  Total   $0   $0   $2,750,200   $2,750,200  
  F.T.E.         0.0  
           
    (6) Wheat Commission - Informational  
  Personal Services   $0   $0   $245,885   $245,885  
  Operating Expenses   $0   $0   $1,560,000   $1,560,000  
           
  Total   $0   $0   $1,805,885   $1,805,885  
  F.T.E.         3.0  
           
    (7) Oilseeds Council - Informational  
  Personal Services   $0   $0   $1,700   $1,700  
  Operating Expenses   $0   $0   $364,000   $364,000  
           
  Total   $0   $0   $365,700   $365,700  
  F.T.E.         0.0  
           
    (8) Soybean Research and Promotion Council - Informational  
  Personal Services   $0   $0   $530,778   $530,778  
  Operating Expenses   $0   $0   $9,563,958   $9,563,958  
           
  Total   $0   $0   $10,094,736   $10,094,736  
  F.T.E.         8.0  
           
    (9) Brand Board - Informational  
  Personal Services   $0   $0   $1,808,436   $1,808,436  
  Operating Expenses   $0   $0   $515,186   $515,186  
           
  Total   $0   $0   $2,323,622   $2,323,622  
  F.T.E.         33.0  
           
    (10) Corn Utilization Council - Informational  
  Personal Services   $0   $0   $120,000   $120,000  
  Operating Expenses   $0   $0   $8,345,000   $8,345,000  
           
  Total   $0   $0   $8,465,000   $8,465,000  
  F.T.E.         1.0  
           
    (11) Board of Veterinary Medical Examiners - Informational  
  Personal Services   $0   $0   $2,688   $2,688  
  Operating Expenses   $0   $0   $56,631   $56,631  
           
  Total   $0   $0   $59,319   $59,319  
  F.T.E.         0.0  
           
    (12) Pulse Crops Council - Informational  
  Personal Services   $0   $0   $1,214   $1,214  
  Operating Expenses   $0   $0   $27,209   $27,209  
           
  Total   $0   $0   $28,423   $28,423  
  F.T.E.         0.0  
           
    (13) State Fair  
  Personal Services   $0   $0   $948,342   $948,342  
  Operating Expenses   $323,563   $0   $2,290,685   $2,614,248  
           
  Total   $323,563   $0   $3,239,027   $3,562,590  
  F.T.E.         19.5  
           
    (14) DEPARTMENT TOTAL, DEPARTMENT OF AGRICULTURE...............  
  Personal Services   $5,193,001   $3,376,943   $5,169,090   $13,739,034  
  Operating Expenses   $2,110,714   $4,037,337   $31,267,111   $37,415,162  
           
  Total   $7,303,715   $7,414,280   $36,436,201   $51,154,196  
  F.T.E.         218.9  
           
SECTION 9. DEPARTMENT OF TOURISM  
    (1) Tourism  
  Personal Services   $0   $0   $2,015,447   $2,015,447  
  Operating Expenses   $0   $0   $14,096,051   $14,096,051  
           
  Total   $0   $0   $16,111,498   $16,111,498  
  F.T.E.         33.7  
           
    (2) Arts  
  Personal Services   $0   $58,890   $271,760   $330,650  
  Operating Expenses   $0   $819,110   $725,037   $1,544,147  
           
  Total   $0   $878,000   $996,797   $1,874,797  
  F.T.E.         4.0  
           
    (3) DEPARTMENT TOTAL, DEPARTMENT OF TOURISM  
  Personal Services   $0   $58,890   $2,287,207   $2,346,097  
  Operating Expenses   $0   $819,110   $14,821,088   $15,640,198  
           
  Total   $0   $878,000   $17,108,295   $17,986,295  
  F.T.E.         37.7  
           
SECTION 10. DEPARTMENT OF GAME, FISH AND PARKS  
    (1) Administration, Secretary of Game, Fish and Parks  
  Personal Services   $139,792   $0   $2,149,826   $2,289,618  
  Operating Expenses   $825,120   $0   $1,168,161   $1,993,281  
           
  Total   $964,912   $0   $3,317,987   $4,282,899  
  F.T.E.         27.6  
           
    (2) Wildlife - Informational  
  Personal Services   $0   $4,587,155   $15,053,604   $19,640,759  
  Operating Expenses   $0   $13,734,745   $15,885,323   $29,620,068  
           
  Total   $0   $18,321,900   $30,938,927   $49,260,827  
  F.T.E.         294.0  
           
    (3) Wildlife, Development, and Improvement - Informational  
  Operating Expenses   $0   $1,427,250   $600,750   $2,028,000  
           
  Total   $0   $1,427,250   $600,750   $2,028,000  
  F.T.E.         0.0  
           
    (4) State Parks and Recreation  
  Personal Services   $2,772,205   $990,311   $7,656,878   $11,419,394  
  Operating Expenses   $2,471,451   $2,985,372   $9,511,514   $14,968,337  
           
  Total   $5,243,656   $3,975,683   $17,168,392   $26,387,731  
  F.T.E.         250.2  
           
    (5) State Parks and Recreation - Development and Improvement  
  Personal Services   $0   $0   $0   $0  
  Operating Expenses   $0   $3,747,250   $6,840,625   $10,587,875  
           
  Total   $0   $3,747,250   $6,840,625   $10,587,875  
  F.T.E.         0.0  
           
    (6) Snowmobile Trails - Informational  
  Personal Services   $0   $0   $402,274   $402,274  
  Operating Expenses   $0   $0   $923,824   $923,824  
           
  Total   $0   $0   $1,326,098   $1,326,098  
  F.T.E.         9.1  
           
    (7) DEPARTMENT TOTAL, DEPARTMENT OF GAME, FISH AND PARKS  
  Personal Services   $2,911,997   $5,577,466   $25,262,582   $33,752,045  
  Operating Expenses   $3,296,571   $21,894,617   $34,930,197   $60,121,385  
           
  Total   $6,208,568   $27,472,083   $60,192,779   $93,873,430  
  F.T.E.         580.9  
           
SECTION 11. DEPARTMENT OF TRIBAL RELATIONS  
    (1) Office of Tribal Relations  
  Personal Services   $526,822   $0   $0   $526,822  
  Operating Expenses   $149,632   $0   $46,000   $195,632  
           
  Total   $676,454   $0   $46,000   $722,454  
  F.T.E.         7.0  
           
    (2) DEPARTMENT TOTAL, DEPARTMENT OF TRIBAL RELATIONS  
  Personal Services   $526,822   $0   $0   $526,822  
  Operating Expenses   $149,632   $0   $46,000   $195,632  
           
  Total   $676,454   $0   $46,000   $722,454  
  F.T.E.         7.0  
           
SECTION 12. DEPARTMENT OF SOCIAL SERVICES  
    (1) Administration, Secretary of Social Services  
  Personal Services   $4,394,515   $5,700,647   $10,578   $10,105,740  
  Operating Expenses   $4,789,074   $11,158,839   $9,650   $15,957,563  
           
  Total   $9,183,589   $16,859,486   $20,228   $26,063,303  
  F.T.E.         176.7  
           
    (2) Economic Assistance  
  Personal Services   $8,399,375   $11,991,218   $24,534   $20,415,127  
  Operating Expenses   $17,940,109   $65,462,755   $317,023   $83,719,887  
           
  Total   $26,339,484   $77,453,973   $341,557   $104,135,014  
  F.T.E.         320.5  
           
    (3) Medical Services  
  Personal Services   $884,829   $2,592,752   $0   $3,477,581  
  Operating Expenses   $226,699,293   $425,719,070   $280,701   $652,699,064  
           
  Total   $227,584,122   $428,311,822   $280,701   $656,176,645  
  F.T.E.         52.0  
           
    (4) Children's Services  
  Personal Services   $13,336,696   $10,244,278   $1,766,185   $25,347,159  
  Operating Expenses   $37,042,841   $44,243,920   $3,071,012   $84,357,773  
           
  Total   $50,379,537   $54,488,198   $4,837,197   $109,704,932  
  F.T.E.         374.8  
           
    (5) Behavioral Health  
  Personal Services   $33,544,107   $8,317,535   $2,068,929   $43,930,571  
  Operating Expenses   $59,889,875   $33,721,971   $1,419,833   $95,031,679  
           
  Total   $93,433,982   $42,039,506   $3,488,762   $138,962,250  
  F.T.E.         636.0  
           
    (6) Board of Counselor Examiners - Informational  
  Personal Services   $0   $0   $3,300   $3,300  
  Operating Expenses   $0   $0   $91,631   $91,631  
           
  Total   $0   $0   $94,931   $94,931  
  F.T.E.         0.0  
           
    (7) Board of Psychology Examiners - Informational  
  Personal Services   $0   $0   $3,860   $3,860  
  Operating Expenses   $0   $0   $73,321   $73,321  
           
  Total   $0   $0   $77,181   $77,181  
  F.T.E.         0.0  
           
    (8) Board of Social Work Examiners - Informational  
  Personal Services   $0   $0   $3,171   $3,171  
  Operating Expenses   $0   $0   $106,342   $106,342  
           
  Total   $0   $0   $109,513   $109,513  
  F.T.E.         0.0  
           
    (9) Board of Addiction and Prevention Professionals - Informational  
  Personal Services   $0   $0   $113,343   $113,343  
  Operating Expenses   $0   $0   $58,260   $58,260  
           
  Total   $0   $0   $171,603   $171,603  
  F.T.E.         1.3  
           
    (10) DEPARTMENT TOTAL, DEPARTMENT OF SOCIAL SERVICES  
  Personal Services   $60,559,522   $38,846,430   $3,993,900   $103,399,852  
  Operating Expenses   $346,361,192   $580,306,555   $5,427,773   $932,095,520  
           
  Total   $406,920,714   $619,152,985   $9,421,673   $1,035,495,372  
  F.T.E.         1,561.3  
           
SECTION 13. DEPARTMENT OF HEALTH  
    (1) Administration, Secretary of Health  
  Personal Services   $772,333   $1,086,120   $653,743   $2,512,196  
  Operating Expenses   $223,339   $1,416,131   $880,654   $2,520,124  
           
  Total   $995,672   $2,502,251   $1,534,397   $5,032,320  
  F.T.E.         33.0  
           
    (2) Health Systems Development and Regulation  
  Personal Services   $2,176,322   $3,615,707   $66,679   $5,858,708  
  Operating Expenses   $1,665,663   $7,284,070   $1,156,540   $10,106,273  
           
  Total   $3,841,985   $10,899,777   $1,223,219   $15,964,981  
  F.T.E.         70.0  
           
    (3) Family and Community Health  
  Personal Services   $2,287,737   $10,600,921   $1,274,834   $14,163,492  
  Operating Expenses   $2,036,929   $16,717,088   $5,326,644   $24,080,661  
           
  Total   $4,324,666   $27,318,009   $6,601,478   $38,244,153  
  F.T.E.         192.5  
           
    (4) Laboratory Services  
  Personal Services   $0   $695,856   $1,583,940   $2,279,796  
  Operating Expenses   $0   $3,395,176   $1,932,735   $5,327,911  
           
  Total   $0   $4,091,032   $3,516,675   $7,607,707  
  F.T.E.         29.0  
           
    (5) Correctional Health  
  Personal Services   $0   $0   $7,871,573   $7,871,573  
  Operating Expenses   $0   $0   $17,610,221   $17,610,221  
           
  Total   $0   $0   $25,481,794   $25,481,794  
  F.T.E.         96.9  
           
    (6) Tobacco Prevention  
  Personal Services   $0   $250,600   $0   $250,600  
  Operating Expenses   $0   $1,315,588   $4,500,217   $5,815,805  
           
  Total   $0   $1,566,188   $4,500,217   $6,066,405  
  F.T.E.         3.0  
           
    (7) Board of Chiropractic Examiners - Informational  
  Personal Services   $0   $0   $65,184   $65,184  
  Operating Expenses   $0   $0   $48,529   $48,529  
           
  Total   $0   $0   $113,713   $113,713  
  F.T.E.         1.0  
           
    (8) Board of Dentistry - Informational  
  Personal Services   $0   $0   $7,354   $7,354  
  Operating Expenses   $0   $0   $431,118   $431,118  
           
  Total   $0   $0   $438,472   $438,472  
  F.T.E.         0.0  
           
    (9) Board of Hearing Aid Dispensers and Audiologists - Informational  
  Personal Services   $0   $0   $1,229   $1,229  
  Operating Expenses   $0   $0   $27,241   $27,241  
           
  Total   $0   $0   $28,470   $28,470  
  F.T.E.         0.0  
           
    (10) Board of Funeral Service - Informational  
  Personal Services   $0   $0   $9,536   $9,536  
  Operating Expenses   $0   $0   $74,605   $74,605  
           
  Total   $0   $0   $84,141   $84,141  
  F.T.E.         0.0  
           
    (11) Board of Medical and Osteopathic Examiners - Informational  
  Personal Services   $0   $0   $430,923   $430,923  
  Operating Expenses   $0   $0   $618,316   $618,316  
           
  Total   $0   $0   $1,049,239   $1,049,239  
  F.T.E.         8.0  
           
    (12) Board of Nursing - Informational  
  Personal Services   $0   $0   $679,013   $679,013  
  Operating Expenses   $0   $0   $837,486   $837,486  
           
  Total   $0   $0   $1,516,499   $1,516,499  
  F.T.E.         9.0  
           
    (13) Board of Nursing Home Administrators - Informational  
  Personal Services   $0   $0   $2,385   $2,385  
  Operating Expenses   $0   $0   $66,285   $66,285  
           
  Total   $0   $0   $68,670   $68,670  
  F.T.E.         0.0  
           
    (14) Board of Optometry - Informational  
  Personal Services   $0   $0   $1,138   $1,138  
  Operating Expenses   $0   $0   $70,892   $70,892  
           
  Total   $0   $0   $72,030   $72,030  
  F.T.E.         0.0  
           
    (15) Board of Pharmacy - Informational  
  Personal Services   $0   $75,000   $569,960   $644,960  
  Operating Expenses   $0   $400,000   $653,333   $1,053,333  
           
  Total   $0   $475,000   $1,223,293   $1,698,293  
  F.T.E.         6.4  
           
    (16) Board of Podiatry Examiners - Informational  
  Personal Services   $0   $0   $291   $291  
  Operating Expenses   $0   $0   $21,230   $21,230  
           
  Total   $0   $0   $21,521   $21,521  
  F.T.E.         0.0  
           
    (17) Board of Massage Therapy - Informational  
  Personal Services   $0   $0   $1,600   $1,600  
  Operating Expenses   $0   $0   $83,650   $83,650  
           
  Total   $0   $0   $85,250   $85,250  
  F.T.E.         0.0  
           
    (18) Board of Speech Language Pathology - Informational  
  Personal Services   $0   $0   $1,140   $1,140  
  Operating Expenses   $0   $0   $45,132   $45,132  
           
  Total   $0   $0   $46,272   $46,272  
  F.T.E.         0.0  
           
    (19) Board of Certified Professional Midwives - Informational  
  Operating Expenses   $0   $0   $20,008   $20,008  
           
  Total   $0   $0   $20,008   $20,008  
  F.T.E.         0.0  
           
    (20) DEPARTMENT TOTAL, DEPARTMENT OF HEALTH  
  Personal Services   $5,236,392   $16,324,204   $13,220,522   $34,781,118  
  Operating Expenses   $3,925,931   $30,528,053   $34,404,836   $68,858,820  
           
  Total   $9,162,323   $46,852,257   $47,625,358   $103,639,938  
  F.T.E.         448.8  
           
SECTION 14. DEPARTMENT OF LABOR AND REGULATION  
    (1) Administration, Secretary of Labor  
  Personal Services   $55,888   $3,342,602   $180,569   $3,579,059  
  Operating Expenses   $718,155   $7,786,536   $137,202   $8,641,893  
           
  Total   $774,043   $11,129,138   $317,771   $12,220,952  
  F.T.E.         52.6  
           
    (2) Unemployment Insurance Service  
  Personal Services   $0   $4,149,185   $0   $4,149,185  
  Operating Expenses   $0   $2,637,079   $0   $2,637,079  
           
  Total   $0   $6,786,264   $0   $6,786,264  
  F.T.E.         72.0  
           
    (3) Field Operations  
  Personal Services   $550,539   $9,658,816   $0   $10,209,355  
  Operating Expenses   $115,716   $2,574,542   $0   $2,690,258  
           
  Total   $666,255   $12,233,358   $0   $12,899,613  
  F.T.E.         166.0  
           
    (4) State Labor Law Administration  
  Personal Services   $632,235   $239,375   $262,867   $1,134,477  
  Operating Expenses   $105,829   $61,068   $247,335   $414,232  
           
  Total   $738,064   $300,443   $510,202   $1,548,709  
  F.T.E.         15.3  
           
    (5) Board of Accountancy - Informational  
  Personal Services   $0   $0   $155,902   $155,902  
  Operating Expenses   $0   $0   $176,179   $176,179  
           
  Total   $0   $0   $332,081   $332,081  
  F.T.E.         2.6  
           
    (6) Board of Barber Examiners - Informational  
  Personal Services   $0   $0   $14,896   $14,896  
  Operating Expenses   $0   $0   $9,316   $9,316  
           
  Total   $0   $0   $24,212   $24,212  
  F.T.E.         0.2  
           
    (7) Cosmetology Commission - Informational  
  Personal Services   $0   $0   $230,069   $230,069  
  Operating Expenses   $0   $0   $124,435   $124,435  
           
  Total   $0   $0   $354,504   $354,504  
  F.T.E.         4.3  
           
    (8) Plumbing Commission - Informational  
  Personal Services   $0   $0   $433,351   $433,351  
  Operating Expenses   $0   $0   $202,103   $202,103  
           
  Total   $0   $0   $635,454   $635,454  
  F.T.E.         7.1  
           
    (9) Board of Technical Professions - Informational  
  Personal Services   $0   $0   $236,379   $236,379  
  Operating Expenses   $0   $0   $183,880   $183,880  
           
  Total   $0   $0   $420,259   $420,259  
  F.T.E.         4.1  
           
    (10) Electrical Commission - Informational  
  Personal Services   $0   $0   $1,451,805   $1,451,805  
  Operating Expenses   $0   $0   $499,505   $499,505  
           
  Total   $0   $0   $1,951,310   $1,951,310  
  F.T.E.         23.1  
           
    (11) Real Estate Commission - Informational  
  Personal Services   $0   $0   $364,648   $364,648  
  Operating Expenses   $0   $0   $231,436   $231,436  
           
  Total   $0   $0   $596,084   $596,084  
  F.T.E.         5.1  
           
    (12) Abstracters Board of Examiners - Informational  
  Personal Services   $0   $0   $7,296   $7,296  
  Operating Expenses   $0   $0   $38,625   $38,625  
           
  Total   $0   $0   $45,921   $45,921  
  F.T.E.         0.0  
           
    (13) South Dakota Athletic Commission - Informational  
  Personal Services   $0   $0   $10,679   $10,679  
  Operating Expenses   $0   $0   $47,386   $47,386  
           
  Total   $0   $0   $58,065   $58,065  
  F.T.E.         0.0  
           
    (14) Banking  
  Personal Services   $0   $0   $3,090,025   $3,090,025  
  Operating Expenses   $0   $0   $978,611   $978,611  
           
  Total   $0   $0   $4,068,636   $4,068,636  
  F.T.E.         35.5  
           
    (15) Trust Captive Insurance Company - Informational  
  Personal Services   $0   $0   $18,699   $18,699  
  Operating Expenses   $0   $0   $164,579   $164,579  
           
  Total   $0   $0   $183,278   $183,278  
  F.T.E.         0.0  
           
    (16) Insurance  
  Personal Services   $0   $20,910   $2,556,637   $2,577,547  
  Operating Expenses   $0   $20,000   $829,055   $849,055  
           
  Total   $0   $40,910   $3,385,692   $3,426,602  
  F.T.E.         37.7  
           
    (17) DEPARTMENT TOTAL, DEPARTMENT OF LABOR AND REGULATION  
  Personal Services   $1,238,662   $17,410,888   $9,013,822   $27,663,372  
  Operating Expenses   $939,700   $13,079,225   $3,869,647   $17,888,572  
           
  Total   $2,178,362   $30,490,113   $12,883,469   $45,551,944  
  F.T.E.         425.6  
           
SECTION 15. DEPARTMENT OF TRANSPORTATION  
    (1) General Operations  
  Personal Services   $529,169   $11,490,594   $60,714,943   $72,734,706  
  Operating Expenses   $25,502   $30,121,451   $98,810,965   $128,957,918  
           
  Total   $554,671   $41,612,045   $159,525,908   $201,692,624  
  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   $529,169   $11,490,594   $60,714,943   $72,734,706  
  Operating Expenses   $25,502   $377,190,324   $243,355,250   $620,571,076  
           
  Total   $554,671   $388,680,918   $304,070,193   $693,305,782  
  F.T.E.         1,014.3  
           
SECTION 16. DEPARTMENT OF EDUCATION  
    (1) Administration, Secretary of Education  
  Personal Services   $1,528,065   $1,049,034   $77,845   $2,654,944  
  Operating Expenses   $1,106,359   $5,372,684   $110,137   $6,589,180  
           
  Total   $2,634,424   $6,421,718   $187,982   $9,244,124  
  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   $477,303,537   $0   $0   $477,303,537  
           
  Total   $477,303,537   $0   $0   $477,303,537  
  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   $2,038,269   $0   $0   $2,038,269  
           
  Total   $2,038,269   $0   $0   $2,038,269  
  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   $12,567,337   $0   $1,875,633   $14,442,970  
           
  Total   $12,567,337   $0   $1,875,633   $14,442,970  
  F.T.E.         0.0  
           
    (8) Postsecondary Vocational Education  
  Personal Services   $236,953   $0   $44,077   $281,030  
  Operating Expenses   $24,533,774   $0   $138,472   $24,672,246  
           
  Total   $24,770,727   $0   $182,549   $24,953,276  
  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   $3,105,750   $0   $0   $3,105,750  
           
  Total   $3,105,750   $0   $0   $3,105,750  
  F.T.E.         0.0  
           
    (11) Education Resources  
  Personal Services   $2,097,539   $3,678,062   $381,208   $6,156,809  
  Operating Expenses   $8,716,179   $175,481,630   $604,572   $184,802,381  
           
  Total   $10,813,718   $179,159,692   $985,780   $190,959,190  
  F.T.E.         83.5  
           
    (12) History  
  Personal Services   $1,002,238   $422,433   $1,362,336   $2,787,007  
  Operating Expenses   $1,236,396   $806,019   $998,812   $3,041,227  
           
  Total   $2,238,634   $1,228,452   $2,361,148   $5,828,234  
  F.T.E.         44.0  
           
    (13) Library Services  
  Personal Services   $1,068,611   $363,222   $0   $1,431,833  
  Operating Expenses   $864,632   $892,592   $27,900   $1,785,124  
           
  Total   $1,933,243   $1,255,814   $27,900   $3,216,957  
  F.T.E.         22.5  
           
    (14) DEPARTMENT TOTAL, DEPARTMENT OF EDUCATION  
  Personal Services   $5,933,406   $5,512,751   $1,865,466   $13,311,623  
  Operating Expenses   $602,002,095   $182,552,925   $4,880,526   $789,435,546  
           
  Total   $607,935,501   $188,065,676   $6,745,992   $802,747,169  
  F.T.E.         187.0  
           
SECTION 17. DEPARTMENT OF PUBLIC SAFETY  
    (1) Administration, Secretary of Public Safety  
  Personal Services   $133,088   $164,060   $701,420   $998,568  
  Operating Expenses   $14,736   $4,273   $161,553   $180,562  
           
  Total   $147,824   $168,333   $862,973   $1,179,130  
  F.T.E.         10.5  
           
    (2) Highway Patrol  
  Personal Services   $606,692   $2,089,940   $17,869,310   $20,565,942  
  Operating Expenses   $892,064   $5,676,528   $7,591,070   $14,159,662  
           
  Total   $1,498,756   $7,766,468   $25,460,380   $34,725,604  
  F.T.E.         279.0  
           
    (3) Emergency Services & Homeland Security  
  Personal Services   $1,012,130   $1,469,042   $208,717   $2,689,889  
  Operating Expenses   $378,272   $7,986,665   $101,239   $8,466,176  
           
  Total   $1,390,402   $9,455,707   $309,956   $11,156,065  
  F.T.E.         32.5  
           
    (4) Legal and Regulatory Services  
  Personal Services   $183,866   $160,152   $5,042,640   $5,386,658  
  Operating Expenses   $1,324,764   $8,465,804   $3,540,542   $13,331,110  
           
  Total   $1,508,630   $8,625,956   $8,583,182   $18,717,768  
  F.T.E.         101.5  
           
    (5) 911 Coordination Board - Informational  
  Personal Services   $0   $0   $114,209   $114,209  
  Operating Expenses   $0   $0   $3,795,828   $3,795,828  
           
  Total   $0   $0   $3,910,037   $3,910,037  
  F.T.E.         1.0  
           
    (6) DEPARTMENT TOTAL, DEPARTMENT OF PUBLIC SAFETY  
  Personal Services   $1,935,776   $3,883,194   $23,936,296   $29,755,266  
  Operating Expenses   $2,609,836   $22,133,270   $15,190,232   $39,933,338  
           
  Total   $4,545,612   $26,016,464   $39,126,528   $69,688,604  
  F.T.E.         424.5  
           
SECTION 18. BOARD OF REGENTS  
    (1) Board of Regents Central Office  
  Personal Services   $4,550,027   $0   $1,928,614   $6,478,641  
  Operating Expenses   $18,823,000   $574,447   $47,556,672   $66,954,119  
           
  Total   $23,373,027   $574,447   $49,485,286   $73,432,760  
  F.T.E.         65.3  
           
    (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   $6,727,630   $0   $0   $6,727,630  
           
  Total   $6,727,630   $0   $0   $6,727,630  
  F.T.E.         0.0  
           
    (4) University of South Dakota  
  Personal Services   $32,170,188   $6,483,291   $52,757,138   $91,410,617  
  Operating Expenses   $3,257,298   $3,078,465   $45,055,088   $51,390,851  
           
  Total   $35,427,486   $9,561,756   $97,812,226   $142,801,468  
  F.T.E.         1,081.9  
           
    (5) University of South Dakota Law School  
  Personal Services   $1,586,745   $70,863   $2,387,680   $4,045,288  
  Operating Expenses   $205,240   $2,483   $820,971   $1,028,694  
           
  Total   $1,791,985   $73,346   $3,208,651   $5,073,982  
  F.T.E.         33.3  
           
    (6) University of South Dakota School of Medicine  
  Personal Services   $19,665,266   $5,501,583   $13,765,693   $38,932,542  
  Operating Expenses   $3,421,010   $7,081,558   $10,277,699   $20,780,267  
           
  Total   $23,086,276   $12,583,141   $24,043,392   $59,712,809  
  F.T.E.         341.5  
           
    (7) South Dakota State University  
  Personal Services   $42,068,970   $9,511,838   $94,274,625   $145,855,433  
  Operating Expenses   $5,322,188   $14,600,000   $80,881,293   $100,803,481  
           
  Total   $47,391,158   $24,111,838   $175,155,918   $246,658,914  
  F.T.E.         1,647.7  
           
    (8) SDSU Extension  
  Personal Services   $8,177,232   $3,308,602   $1,073,664   $12,559,498  
  Operating Expenses   $304,152   $3,627,811   $1,361,053   $5,293,016  
           
  Total   $8,481,384   $6,936,413   $2,434,717   $17,852,514  
  F.T.E.         190.4  
           
    (9) Agricultural Experiment Station  
  Personal Services   $11,796,167   $5,058,124   $5,337,826   $22,192,117  
  Operating Expenses   $627,155   $6,260,000   $10,051,545   $16,938,700  
           
  Total   $12,423,322   $11,318,124   $15,389,371   $39,130,817  
  F.T.E.         241.3  
           
    (10) SD School of Mines and Technology  
  Personal Services   $16,004,084   $6,773,973   $22,333,286   $45,111,343  
  Operating Expenses   $948,441   $8,528,272   $18,897,739   $28,374,452  
           
  Total   $16,952,525   $15,302,245   $41,231,025   $73,485,795  
  F.T.E.         433.4  
           
    (11) Northern State University  
  Personal Services   $13,928,684   $1,414,312   $13,510,962   $28,853,958  
  Operating Expenses   $897,046   $581,001   $11,298,536   $12,776,583  
           
  Total   $14,825,730   $1,995,313   $24,809,498   $41,630,541  
  F.T.E.         365.0  
           
    (12) Black Hills State University  
  Personal Services   $9,030,111   $2,652,568   $20,443,925   $32,126,604  
  Operating Expenses   $632,804   $1,643,371   $13,814,906   $16,091,081  
           
  Total   $9,662,915   $4,295,939   $34,258,831   $48,217,685  
  F.T.E.         410.0  
           
    (13) Dakota State University  
  Personal Services   $9,263,099   $1,192,159   $20,302,213   $30,757,471  
  Operating Expenses   $651,459   $1,807,953   $16,912,056   $19,371,468  
           
  Total   $9,914,558   $3,000,112   $37,214,269   $50,128,939  
  F.T.E.         326.8  
           
    (14) SD School for the Deaf  
  Personal Services   $1,879,244   $0   $0   $1,879,244  
  Operating Expenses   $1,010,545   $0   $667,256   $1,677,801  
           
  Total   $2,889,789   $0   $667,256   $3,557,045  
  F.T.E.         26.0  
           
    (15) SD School for the Blind and Visually Impaired  
  Personal Services   $2,765,673   $11,952   $195,000   $2,972,625  
  Operating Expenses   $302,011   $26,361   $299,815   $628,187  
           
  Total   $3,067,684   $38,313   $494,815   $3,600,812  
  F.T.E.         48.6  
           
    (16) DEPARTMENT TOTAL, BOARD OF REGENTS  
  Personal Services   $172,885,490   $41,979,265   $248,310,626   $463,175,381  
  Operating Expenses   $44,129,979   $47,811,722   $257,894,629   $349,836,330  
           
  Total   $217,015,469   $89,790,987   $506,205,255   $813,011,711  
  F.T.E.         5,211.2  
           
SECTION 19. DEPARTMENT OF THE MILITARY  
    (1) Adjutant General  
  Personal Services   $438,007   $0   $0   $438,007  
  Operating Expenses   $133,744   $10,306   $29,254   $173,304  
           
  Total   $571,751   $10,306   $29,254   $611,311  
  F.T.E.         5.3  
           
    (2) Army Guard  
  Personal Services   $420,722   $3,149,402   $0   $3,570,124  
  Operating Expenses   $2,729,682   $12,650,725   $0   $15,380,407  
           
  Total   $3,150,404   $15,800,127   $0   $18,950,531  
  F.T.E.         63.1  
           
    (3) Air Guard  
  Personal Services   $204,892   $2,891,995   $0   $3,096,887  
  Operating Expenses   $254,066   $2,712,093   $0   $2,966,159  
           
  Total   $458,958   $5,604,088   $0   $6,063,046  
  F.T.E.         48.0  
           
    (4) DEPARTMENT TOTAL, DEPARTMENT OF THE MILITARY  
  Personal Services   $1,063,621   $6,041,397   $0   $7,105,018  
  Operating Expenses   $3,117,492   $15,373,124   $29,254   $18,519,870  
           
  Total   $4,181,113   $21,414,521   $29,254   $25,624,888  
  F.T.E.         116.4  
           
SECTION 20. DEPARTMENT OF VETERANS' AFFAIRS  
    (1) Veterans' Benefits and Services  
  Personal Services   $1,261,149   $158,930   $0   $1,420,079  
  Operating Expenses   $483,815   $49,117   $61,000   $593,932  
           
  Total   $1,744,964   $208,047   $61,000   $2,014,011  
  F.T.E.         22.0  
           
    (2) State Veterans' Home  
  Personal Services   $2,528,195   $3,405,142   $1,048,359   $6,981,696  
  Operating Expenses   $0   $0   $3,329,930   $3,329,930  
           
  Total   $2,528,195   $3,405,142   $4,378,289   $10,311,626  
  F.T.E.         118.2  
           
    (3) State Veterans' Cemetery  
  Operating Expenses   $150,000   $0   $0   $150,000  
           
  Total   $150,000   $0   $0   $150,000  
  F.T.E.         0.0  
           
    (4) DEPARTMENT TOTAL, DEPARTMENT OF VETERANS' AFFAIRS  
  Personal Services   $3,789,344   $3,564,072   $1,048,359   $8,401,775  
  Operating Expenses   $633,815   $49,117   $3,390,930   $4,073,862  
           
  Total   $4,423,159   $3,613,189   $4,439,289   $12,475,637  
  F.T.E.         140.2  
           
SECTION 21. DEPARTMENT OF CORRECTIONS  
    (1) Administration, Corrections Central Office  
  Personal Services   $1,722,404   $103,852   $0   $1,826,256  
  Operating Expenses   $1,179,549   $866,665   $0   $2,046,214  
           
  Total   $2,901,953   $970,517   $0   $3,872,470  
  F.T.E.         22.0  
           
    (2) Mike Durfee State Prison  
  Personal Services   $12,185,574   $52,238   $0   $12,237,812  
  Operating Expenses   $6,791,778   $51,213   $0   $6,842,991  
           
  Total   $18,977,352   $103,451   $0   $19,080,803  
  F.T.E.         209.0  
           
    (3) State Penitentiary  
  Personal Services   $18,912,610   $57,541   $0   $18,970,151  
  Operating Expenses   $6,762,584   $60,495   $0   $6,823,079  
           
  Total   $25,675,194   $118,036   $0   $25,793,230  
  F.T.E.         321.0  
           
    (4) Women's Prison  
  Personal Services   $4,024,724   $60,132   $0   $4,084,856  
  Operating Expenses   $1,932,665   $23,659   $0   $1,956,324  
           
  Total   $5,957,389   $83,791   $0   $6,041,180  
  F.T.E.         69.0  
           
    (5) Pheasantland Industries  
  Personal Services   $0   $0   $1,048,459   $1,048,459  
  Operating Expenses   $0   $0   $2,432,087   $2,432,087  
           
  Total   $0   $0   $3,480,546   $3,480,546  
  F.T.E.         16.0  
           
    (6) Inmate Services  
  Personal Services   $2,997,859   $81,665   $0   $3,079,524  
  Operating Expenses   $30,697,053   $995,534   $0   $31,692,587  
           
  Total   $33,694,912   $1,077,199   $0   $34,772,111  
  F.T.E.         48.5  
           
    (7) Parole Services  
  Personal Services   $3,950,873   $0   $0   $3,950,873  
  Operating Expenses   $2,271,622   $0   $0   $2,271,622  
           
  Total   $6,222,495   $0   $0   $6,222,495  
  F.T.E.         62.0  
           
    (8) Juvenile Community Corrections  
  Personal Services   $2,040,747   $0   $0   $2,040,747  
  Operating Expenses   $10,228,307   $3,356,457   $0   $13,584,764  
           
  Total   $12,269,054   $3,356,457   $0   $15,625,511  
  F.T.E.         30.0  
           
    (9) DEPARTMENT TOTAL, DEPARTMENT OF CORRECTIONS  
  Personal Services   $45,834,791   $355,428   $1,048,459   $47,238,678  
  Operating Expenses   $59,863,558   $5,354,023   $2,432,087   $67,649,668  
           
  Total   $105,698,349   $5,709,451   $3,480,546   $114,888,346  
  F.T.E.         777.5  
           
SECTION 22. DEPARTMENT OF HUMAN SERVICES  
    (1) Administration, Secretary of Human Services  
  Personal Services   $815,505   $833,235   $0   $1,648,740  
  Operating Expenses   $331,698   $166,932   $2,292   $500,922  
           
  Total   $1,147,203   $1,000,167   $2,292   $2,149,662  
  F.T.E.         23.0  
           
    (2) Developmental Disabilities  
  Personal Services   $729,272   $754,617   $0   $1,483,889  
  Operating Expenses   $63,311,136   $92,214,209   $5,597,382   $161,122,727  
           
  Total   $64,040,408   $92,968,826   $5,597,382   $162,606,616  
  F.T.E.         20.5  
           
    (3) South Dakota Developmental Center - Redfield  
  Personal Services   $8,434,038   $11,404,984   $0   $19,839,022  
  Operating Expenses   $2,291,015   $2,903,362   $857,224   $6,051,601  
           
  Total   $10,725,053   $14,308,346   $857,224   $25,890,623  
  F.T.E.         346.6  
           
    (4) Long Term Services and Supports  
  Personal Services   $2,480,683   $4,423,677   $24,629   $6,928,989  
  Operating Expenses   $93,667,385   $127,243,759   $815,734   $221,726,878  
           
  Total   $96,148,068   $131,667,436   $840,363   $228,655,867  
  F.T.E.         99.0  
           
    (5) Rehabilitation Services  
  Personal Services   $904,816   $5,800,444   $0   $6,705,260  
  Operating Expenses   $4,078,764   $13,343,669   $2,351,071   $19,773,504  
           
  Total   $4,983,580   $19,144,113   $2,351,071   $26,478,764  
  F.T.E.         102.1  
           
    (6) Telecommunication Devices for the Deaf  
  Operating Expenses   $0   $0   $1,301,680   $1,301,680  
           
  Total   $0   $0   $1,301,680   $1,301,680  
  F.T.E.         0.0  
           
    (7) Service to the Blind and Visually Impaired  
  Personal Services   $513,687   $1,278,859   $186,814   $1,979,360  
  Operating Expenses   $464,402   $1,412,150   $304,283   $2,180,835  
           
  Total   $978,089   $2,691,009   $491,097   $4,160,195  
  F.T.E.         29.2  
           
    (8) DEPARTMENT TOTAL, DEPARTMENT OF HUMAN SERVICES  
  Personal Services   $13,878,001   $24,495,816   $211,443   $38,585,260  
  Operating Expenses   $164,144,400   $237,284,081   $11,229,666   $412,658,147  
           
  Total   $178,022,401   $261,779,897   $11,441,109   $451,243,407  
  F.T.E.         620.4  
           
SECTION 23. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES  
    (1) Financial and Technical Assistance  
  Personal Services   $2,227,401   $1,713,278   $753,148   $4,693,827  
  Operating Expenses   $361,854   $629,564   $289,727   $1,281,145  
           
  Total   $2,589,255   $2,342,842   $1,042,875   $5,974,972  
  F.T.E.         56.5  
           
    (2) Environmental Services  
  Personal Services   $3,516,586   $3,941,231   $2,637,209   $10,095,026  
  Operating Expenses   $608,509   $2,136,905   $887,610   $3,633,024  
           
  Total   $4,125,095   $6,078,136   $3,524,819   $13,728,050  
  F.T.E.         119.0  
           
    (3) Regulated Response Fund - Informational  
  Operating Expenses   $0   $0   $1,750,001   $1,750,001  
           
  Total   $0   $0   $1,750,001   $1,750,001  
  F.T.E.         0.0  
           
    (4) Livestock Cleanup Fund - Informational  
  Operating Expenses   $0   $0   $765,000   $765,000  
           
  Total   $0   $0   $765,000   $765,000  
  F.T.E.         0.0  
           
    (5) Petroleum Release Compensation  
  Personal Services   $0   $0   $418,374   $418,374  
  Operating Expenses   $0   $0   $71,106   $71,106  
           
  Total   $0   $0   $489,480   $489,480  
  F.T.E.         5.0  
           
    (6) Petroleum Release Compensation - Informational  
  Operating Expenses   $0   $0   $2,100,000   $2,100,000  
           
  Total   $0   $0   $2,100,000   $2,100,000  
  F.T.E.         0.0  
           
    (7) DEPARTMENT TOTAL, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES  
  Personal Services   $5,743,987   $5,654,509   $3,808,731   $15,207,227  
  Operating Expenses   $970,363   $2,766,469   $5,863,444   $9,600,276  
           
  Total   $6,714,350   $8,420,978   $9,672,175   $24,807,503  
  F.T.E.         180.5  
           
SECTION 24. SOUTH DAKOTA RETIREMENT SYSTEM  
    (1) South Dakota Retirement System  
  Personal Services   $0   $0   $2,639,587   $2,639,587  
  Operating Expenses   $0   $0   $2,071,045   $2,071,045  
           
  Total   $0   $0   $4,710,632   $4,710,632  
  F.T.E.         33.0  
           
    (2) DEPARTMENT TOTAL, SOUTH DAKOTA RETIREMENT SYSTEM  
  Personal Services   $0   $0   $2,639,587   $2,639,587  
  Operating Expenses   $0   $0   $2,071,045   $2,071,045  
           
  Total   $0   $0   $4,710,632   $4,710,632  
  F.T.E.         33.0  
           
SECTION 25. PUBLIC UTILITIES COMMISSION  
    (1) Public Utilities Commission (PUC)  
  Personal Services   $529,912   $191,034   $2,336,971   $3,057,917  
  Operating Expenses   $53,729   $51,962   $1,655,756   $1,761,447  
           
  Total   $583,641   $242,996   $3,992,727   $4,819,364  
  F.T.E.         31.2  
           
    (2) DEPARTMENT TOTAL, PUBLIC UTILITIES COMMISSION  
  Personal Services   $529,912   $191,034   $2,336,971   $3,057,917  
  Operating Expenses   $53,729   $51,962   $1,655,756   $1,761,447  
           
  Total   $583,641   $242,996   $3,992,727   $4,819,364  
  F.T.E.         31.2  
           
SECTION 26. UNIFIED JUDICIAL SYSTEM  
    (1) State Bar Association - Informational  
  Personal Services   $0   $0   $243,413   $243,413  
  Operating Expenses   $0   $0   $334,689   $334,689  
           
  Total   $0   $0   $578,102   $578,102  
  F.T.E.         3.0  
           
    (2) Unified Judicial System  
  Personal Services   $40,585,634   $35,267   $2,725,125   $43,346,026  
  Operating Expenses   $5,055,636   $283,222   $6,726,147   $12,065,005  
           
  Total   $45,641,270   $318,489   $9,451,272   $55,411,031  
  F.T.E.         583.2  
           
    (3) Equal Access to Our Courts  
  Operating Expenses   $50,000   $0   $200,000   $250,000  
           
  Total   $50,000   $0   $200,000   $250,000  
  F.T.E.         0.0  
           
    (4) DEPARTMENT TOTAL, UNIFIED JUDICIAL SYSTEM  
  Personal Services   $40,585,634   $35,267   $2,968,538   $43,589,439  
  Operating Expenses   $5,105,636   $283,222   $7,260,836   </