Chapter 25

(Senate Bill 65)

An Act to create an exception to the dual compensation prohibition for state employees for military service.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 3-8-4.2 be AMENDED.

3-8-4.2. Compensation permitted for other state employment--During off duty hours--During state active duty.

Any state employee, with the approval of the department head, agency head, or head of the state institution involved, may use annual leave, military service leave, weekends, legal holidays, and hours after normal working hours for performing compensable services to a state institution, department, office, or agency other than the institution, department, office, or agency which that is the employee's primary employer. Compensation for such additional services performed during such times does not constitute dual compensation prohibited by § 3-8-4 or 3-8-4.1. Any state employee who is called to state active duty, as defined in § 33-10-20, may receive dual compensation from the state.

Signed March 18, 2021