reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 30 - Emergency Interim Succession To Office › Section 1-30-9 - Enemy attack required for exercise of powers by emergency successors--Legislative termination of powers.

1-30-9. Enemy attack required for exercise of powers by emergency successors--Legislative termination of powers.
Officials authorized to act as Governor pursuant to this chapter, emergency interim successors are empowered to exercise the powers and discharge the duties of an office as herein authorized only after an attack upon the United States, as defined herein, has occurred. The Legislature, by concurrent resolution, may at any time terminate the authority of said emergency interim successors to exercise the powers and discharge the duties of office as herein provided.
Source:
SL 1961, ch 285, §8.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 30 - Emergency Interim Succession To Office › Section 1-30-10 - Removal of designees.

1-30-10. Removal of designees.
Until such time as the persons designated as emergency interim successors are authorized to exercise the powers and discharge the duties of an office in accordance with this chapter, including §1-30-9, said persons shall serve in their designated capacities at the pleasure of the designating authority and may be removed or replaced by said designating authority at any time, with or without cause.
Source:
SL 1961, ch 285, §9.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 30 - Emergency Interim Succession To Office › Section 1-30-11 - Adjudication of disputes.

1-30-11. Adjudication of disputes.
Any dispute concerning a question of fact arising under this chapter with respect to an office in the executive branch of the state government, except a dispute of fact relative to the Office of Governor, must be adjudicated by the Governor, or other official authorized under the Constitution or this chapter to exercise the powers and discharge the duties of the Office of Governor, and the Governor's decision is final.
Source: SL 1961, ch 285, §10; SL 2023, ch 3, §9.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 32 - Executive Reorganization--General Provisions And Definitions › Section 1-32-2 - Principal departments established.

1-32-2. Principal departments established.
For the purposes of achieving reorganization under the terms of S. D. Const., Art. IV, §8, the following principal departments are established:
(1)Department of Executive Management;
(2)Department of Public Safety;
(3)Department of Social Services;
(4)Department of Labor and Regulation;
(5)Department of Education;
(6)Department of Game, Fish and Parks;
(7)Department of Health;
(8)Department of Agriculture and Natural Resources;
(9)Department of Transportation;
(10)Department of the Military;
(11)Department of Revenue;
(12)Department of Human Services;
(13)Department of Tourism;
(14)Department of Veterans Affairs;
(15)Department of Tribal Relations;
(16)Department of Corrections.
Source:
SL 1973, ch 2, §6; SL 1973, ch 264, §6; SL 1975, ch 5, §13; SL 1977, ch 226, §10; SL 1978, ch 290, §1; SL 1979, ch 351, §§26, 35; SL 1979, ch 352, §15; SL 1979, ch 354, §§17, 18; SL 1982, ch 17, §61; SL 1989, ch 21, §§1, 26; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 2003, ch 272 (Ex. Ord. 03-1), §82, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1), §93, eff. Apr. 12, 2011; SL 2012, ch 4, §12; SL 2021, ch 1 (Ex. Ord. 21-3), § 41, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 32 - Executive Reorganization--General Provisions And Definitions › Section 1-32-3 - Appointment and tenure of department heads.

1-32-3.Appointment and tenure of department heads.
The head of each principal department shall be appointed by the Governor with the consent of the Senate and shall serve at the pleasure of the Governor pursuant to S. D. Const., Art. IV, §9.
Source:
SL 1973, ch 2, §§30, 41, 68, 89, 98, 109, 116, 129, 200, 212, 223, 237, 269, 279.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 32 - Executive Reorganization--General Provisions And Definitions › Section 1-32-4 - Changes in organization or functions within departments.

1-32-4. Changes in organization or functions within departments.
In order to promote the efficient administration of the principal departments, the Governor may establish, combine, or abolish divisions, offices, or other administrative subunits, with the exception of boards and commissions authorized by the Legislature, and may allocate and reallocate powers and duties among divisions, offices, or other administrative subunits under the various principal departments if the reallocation of powers and duties allows the departments to continue to perform the functions assigned and mandated by the Constitution and laws of the State of South Dakota.
Source:
SL 1973, ch 2, §7; SL 1996, ch 13.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 32 - Executive Reorganization--General Provisions And Definitions › Section 1-32-4.1 - Authority to create advisory councils, committees, boards, or commissions--Governor's approval required--Filing--Compensation.

1-32-4.1. Authority to create advisory councils, committees, boards, or commissions--Governor's approval required--Filing--Compensation.
Only a head of department as defined by subdivision §1-32-1(8), the Governor and the chairman of the Board of Regents may create such advisory councils, committees, boards, or commissions as may be deemed necessary and in the best interests of the State of South Dakota. However, no such advisory council, committee, board, or commission may be created without the approval of the Governor. A copy of such approval shall be filed with the secretary of state. Compensation shall be according to the provisions of §4-7-10.4.
Source:
SL 1976, ch 21, §1; SL 1989, ch 20, §43.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 32 - Executive Reorganization--General Provisions And Definitions › Section 1-32-4.2 - Request to Governor--Contents.

1-32-4.2. Request to Governor--Contents.
Any request submitted to create an advisory council, committee, board, or commission by a head of department or chairman of the board of regents to the Governor shall have the following information:
(1)Name of council, committee, board, or commission;
(2)Date of creation;
(3)Composition and type of citizen or group input that is sought;
(4)Names and addresses of members if appointments have been made, otherwise such information shall be made available to the Governor subsequent to the creation;
(5)Purpose of the creation;
(6)Source and amount of funding, duration of the fund or grant used, applicable restrictions and other stipulations.
Source:
SL 1976, ch 21, §4; SL 1989, ch 20, §44.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 32 - Executive Reorganization--General Provisions And Definitions › Section 1-32-4.3 - Creation without Governor's approval when required for federal funds--Filing with secretary of state.

1-32-4.3. Creation without Governor's approval when required for federal funds--Filing with secretary of state.
Notwithstanding §1-32-4.1, if federal law or regulation shall require that an advisory council, committee, board, or commission be established in order to receipt federal funds, a department, an agency, or institution, or board or commission may establish an advisory council committee, board, or commission without the approval of the Governor; provided, however, that such appointing authority file such action with the secretary of state.
Source:
SL 1976, ch 21, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 32 - Executive Reorganization--General Provisions And Definitions › Section 1-32-4.4 - Maximum duration of federally required agency--Extensions.

1-32-4.4. Maximum duration of federally required agency--Extensions.
An advisory council, committee, board, or commission created in response to federal law or regulation may not be created to remain in existence longer than two years after the date of its creation or beyond the period required to receive federal or private funds, whichever occurs later, unless extended by the Governor and filed with the secretary of state. If the existence of an advisory council is extended, the appointing authority shall specify a new date, not more than two years later, when the existence of the advisory council shall end and file a record of the action in the Office of the Secretary of State. The existence of any advisory council may be extended as many times as necessary.
Source:
SL 1976, ch 21, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 32 - Executive Reorganization--General Provisions And Definitions › Section 1-32-4.5 - Internal councils and committees not prohibited.

1-32-4.5. Internal councils and committees not prohibited.
Nothing in §§1-32-4.1 to 1-32-4.4, inclusive, shall be construed as prohibiting the use or creation of internal department or state institutional councils and committees that are comprised of department or institutional employees.
Source:
SL 1976, ch 21, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 32 - Executive Reorganization--General Provisions And Definitions › Section 1-32-5 - Secretary's access to records within department--Restrictions on disclosure.

1-32-5. Secretary's access to records within department--Restrictions on disclosure.
The secretary of the principal department shall have complete access to the records of any agency within his department, provided, however, that any statutory restrictions on the disclosure of confidential information and penalties for unlawful disclosure of such information shall apply to the secretary of the principal department.
Source:
SL 1973, ch 2, §8.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 32 - Executive Reorganization--General Provisions And Definitions › Section 1-32-6 - Appointment and removal of division directors--Qualifications for positions.

1-32-6. Appointment and removal of division directors--Qualifications for positions.
Unless otherwise provided by chapters 1-32 to 1-47, inclusive, or §38-7-2.2, division directors shall be appointed by the head of the department or bureau of which the division is a part, and shall serve at the pleasure of the department or bureau head. However both the appointment and removal of division directors shall be subject to approval by the Governor. Departments and bureaus shall submit for approval to the commissioner of personnel minimum qualifications for the division director positions within their departments or bureaus.
Source:
SL 1973, ch 2, §9; SL 1979, ch 351, §5; SL 1979, ch 352, §4; SL 1979, ch 354, §5; SL 1979, ch 355, §5; SL 1980, ch 26, §2; SL 1981, ch 11, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 32 - Executive Reorganization--General Provisions And Definitions › Section 1-32-7 - Interdepartmental transfers of health and consumer protection functions--Approval by Governor and filing.

1-32-7. Interdepartmental transfers of health and consumer protection functions--Approval by Governor and filing.
The secretaries of the Departments of Health, Agriculture, Public Safety, Revenue, Labor and Regulation and Human Services are hereby authorized to enter into mutual agreements, transferring among the departments any health or consumer protection inspection function assigned to any one of the three departments so as to promote the effectiveness and efficiency of such functions. Any such mutual agreements shall be approved by the Governor and shall be filed in the Office of the Secretary of State.
Source:
SL 1973, ch 2, §55; SL 2003, ch 272 (Ex. Ord. 03-1), §§20, 121; SL 2011, ch 1 (Ex. Ord. 11-1), §94, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 32 - Executive Reorganization--General Provisions And Definitions › Section 1-32-8 - Assistant attorneys general as employees of attorney general's office.

1-32-8. Assistant attorneys general as employees of attorney general's office.
All assistant attorneys general shall be employees of the Office of the Attorney General.
Source:
SL 1973, ch 2, §296; SL 1974, ch 18, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 32 - Executive Reorganization--General Provisions And Definitions › Section 1-32-9 - Interim allocation of functions and resources--Recommendations to Legislature.

1-32-9. Interim allocation of functions and resources--Recommendations to Legislature.
In the event that it has been determined that a function of a transferred agency, which has not been eliminated by chapters 1-32 to 1-47, inclusive, and its associated records, personnel, equipment, facilities, unexpended balances or appropriations, allocations, or other funds have not been clearly allocated to a principal department or an administrative subunit or board or commission of such a department, the Governor shall specify by interim procedures the allocation of the function and its associated resources. At the next legislative session following the issuance of such interim procedures, the Governor shall make recommendations concerning the proper allocation of the functions of transferred agencies which are not clearly allocated by said chapters. Any interim procedures issued in conjunction with this section shall be filed with the secretary of state.
Source:
SL 1973, ch 2, §292; SL 1980, ch 26, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 32 - Executive Reorganization--General Provisions And Definitions › Section 1-32-10 - Repeals and amendments not implied.

1-32-10. Repeals and amendments not implied.
It is the intent of chapters 1-32 to 1-47, inclusive, not to repeal or amend any laws relating to functions performed by an agency, unless the intent is specifically expressed in said chapters or unless there is an irreconcilable conflict between said chapters and those laws.
Source:
SL 1973, ch 2, §287; SL 1980, ch 26, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 32 - Executive Reorganization--General Provisions And Definitions › Section 1-32-14 - Pending proceedings continued.

1-32-14. Pending proceedings continued.
No judicial or administrative suit, action, or other proceeding lawfully commenced by or against any department, board, commission, agency, or any officer of the state, in his official capacity or in relation to the discharge of his official duties before the taking effect of any reorganization under the provisions of chapters 1-32 to 1-47, inclusive, shall abate or be affected by the reason of the taking effect of such reorganization. The court may allow the suit, action, or other proceeding to be maintained by or against the successor of any department, board, commission, agency, or any officer affected by said chapters.
Source:
SL 1973, ch 2, §294; SL 1980, ch 26, §7.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 32 - Executive Reorganization--General Provisions And Definitions › Section 1-32-15 - Changes to meet federal requirements.

1-32-15. Changes to meet federal requirements.
If any part of chapters 1-32 to 1-47, inclusive, is ruled to be in conflict with federal requirements which are a prescribed condition to the receipt of federal aid by the state, an agency, or a political subdivision, that part of said chapters has no effect and the Governor may by executive order make necessary changes to said chapters to receive federal aid, and the changes will remain in effect until the last legislative day of the next legislative session or until the Legislature completes legislation addressed to the same question, whichever comes first.
Source:
SL 1973, ch 2, §295; SL 1980, ch 26, §8.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 32 - Executive Reorganization--General Provisions And Definitions › Section 1-32-16 - Severability of provisions.

1-32-16. Severability of provisions.
If a part of chapters 1-32 to 1-47, inclusive, is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of said chapters is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. It is hereby declared that the sections, clauses, sentences, and parts of said chapters are severable, are not matters of mutual essential inducement, and any of them may be excised by any court of competent jurisdiction if any section, clause, sentence, or part of said chapters would otherwise be unconstitutional or ineffective.
Source:
SL 1973, ch 2, §§288, 290; SL 1980, ch 26, §9.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-2 - Governor as head of office.

1-33-2. Governor as head of office.
The head of the Department of Executive Management is the Governor.
Source:
SL 1973, ch 2, §11; SL 2003, ch 272 (Ex. Ord. 03-1), §82.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-3 - Bureaus and other agencies constituting department.

1-33-3. Bureaus and other agencies constituting department.
The Department of Executive Management consists of the Bureau of Finance and Management, the Bureau of Administration, the Bureau of Human Resources, the Bureau of Information and Telecommunications, the Governor's Office of Economic Development, and any other agencies created by administrative action or law and placed under the Department of Executive Management.
Source:
SL 1973, ch 2, §12; SL 1974, ch 3, §9; SL 1982, ch 17, §1; SL 1994, ch 412 (Ex. Ord. 94-4), §21; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §96, eff. Apr. 12, 2011; SL 2012, ch 23, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-4 - Appointment of bureau heads--Titles.

1-33-4. Appointment of bureau heads--Titles.
Except as provided by §1-33-10, the heads of the bureaus within the Department of Executive Management are appointed by the Governor and serve at the Governor's pleasure, and each have the title of commissioner.
Source: SL 1973, ch 2, §13; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2023, ch 3, §10.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-7 - Annual report and recommendations by finance commissioner on building authorities.

1-33-7. Annual report and recommendations by finance commissioner on building authorities.
The commissioner of finance and management shall submit at least annually to the Governor and Legislature a review, analysis, and set of recommendations concerning the operations and structure of the following agencies:
(1)The State Building Authority created by chapter 5-12;
(2)The Health and Educational Facilities Authority created by chapter 1-16A.
Source:
SL 1973, ch 2, §16.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-8.1 - Administrative functions performed by Bureau of Administration for board and commission.

1-33-8.1. Administrative functions performed by Bureau of Administration for board and commission.
The Bureau of Administration shall, under the direction and control of the commissioner of administration, perform all administrative functions except special budgetary functions (as defined in §1-32-1) of the following agencies:
(1)The Records Destruction Board created by chapter 1-27;
(2)The Capitol Complex Restoration and Beautification Commission continued by chapter 5-15.
Source:
SL 1974, ch 3, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-9 - Bureau of Human Resources--Duties.

1-33-9. Bureau of Human Resources--Duties.
The Bureau of Human Resources shall:
(1)Provide workers' compensation coverage and a group health and flexible benefit plan for all state employees unless such duties are delegated to another agency pursuant to chapter 1-24;
(2)Administer recruitment and classification for all civil service employees unless such duties are delegated to another agency pursuant to chapter 1-24;
(3)Provide human resource management and programs including programs governing human resource planning, training and development, internships, performance evaluation, employee assessment and testing, classification, compensation, recruitment, and other matters relating to human resource management for all of the executive branch of state government under the control of the Governor and by agreement for other state government agencies;
(4)Perform all administrative functions for the Civil Service Commission;
(5)Employ such staff as are necessary to perform its duties; and
(6)Contract as is necessary to perform its duties.
Source:
SL 1973, ch 23, §5; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2012, ch 23, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-10 - Commissioner of human resources--Appointment.

1-33-10. Commissioner of human resources--Appointment.
The Bureau of Human Resources is administered by a commissioner appointed by the Governor with the advice and consent of the Senate. The commissioner serves at the pleasure of the Governor.
Source:
SL 1973, ch 23, §7; SL 2010, ch 19, §1; SL 2012, ch 23, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-10.1 - Bureau of Human Resources student internships.

1-33-10.1. Bureau of Human Resources student internships.
There is hereby created a student intern program within the Bureau of Human Resources to provide administrative internships for students to foster knowledge and understanding of the governmental process and to provide assistance to the executive branch of state government.
Source:
SL 2014, ch 10, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-26 - Creation of Office of Digital Dakota Network--Purposes_Policies and rules.

1-33-26. Creation of Office of Digital Dakota Network--Purposes--Policies and rules.
There is hereby created within the Bureau of Information and Telecommunications an Office of Digital Dakota Network for the purposes of advising the commissioner of information and telecommunications in identifying statewide video telecommunications network options, creating a telecommunications network, providing cost-effective services for education, government, business, and rural economic development, ensuring network uses are consistent with the best interests of the state and network users. The Bureau of Information and Telecommunications shall establish policies and rules to implement the Digital Dakota Network.
Source:
SL 1992, ch 373 (Ex. Ord. 92-3), §17; SL 1994, ch 412 (Ex. Ord. 94-4), §21; SL 1995, ch 322 (Ex. Ord. 95-6), §§17, 18; SL 2005, ch 16, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-30 - Responsibilities of commissioner--Network use and programming.

1-33-30. Responsibilities of commissioner--Network use and programming.
The commissioner of information and telecommunications shall be responsible for administration of policies and administrative rules, and shall be responsible for network use and programming.
The functions provided in chapter 1-33 and the rule-making authority of §1-33-38, as it regards the determination of issues related to use, programming, policies, and management of the network are hereby transferred to the Bureau of Information and Telecommunications.
Source:
SL 1992, ch 373 (Ex. Ord. 92-3), §21; SL 1994, ch 412 (Ex. Ord. 94-4), §21; SL 1995, ch 322 (Ex. Ord. 95-6), §§17, 18.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-31 - Bureau authorized to contract for expert assistance.

1-33-31. Bureau authorized to contract for expert assistance.
The Bureau of Information and Telecommunications may contract for expert assistance to assist in the performance of its responsibilities under this chapter.
Source:
SL 1992, ch 373 (Ex. Ord. 92-3), §22; SL 1994, ch 412 (Ex. Ord. 94-4), §21; SL 1995, ch 322 (Ex. Ord. 95-6), §§17, 18.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-32 - Bureau to submit budgets and proposals to Governor.

1-33-32. Bureau to submit budgets and proposals to Governor.
The Bureau of Information and Telecommunications shall prepare and submit budgets and proposals for management of the Digital Dakota Network to the commissioner of information and telecommunications.
Source:
SL 1992, ch 373 (Ex. Ord. 92-3), §23; SL 1994, ch 412 (Ex. Ord. 94-4), §21; SL 1995, ch 322 (Ex. Ord. 95-6), §§17, 18; SL 2005, ch 16, §4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-33 - Acceptance and expenditure of funds.

1-33-33. Acceptance and expenditure of funds.
The bureau may accept and expend any funds obtained from federal sources, gifts, contributions, or any other source if such acceptance and expenditure is approved in accordance with §4-8B-10. The Bureau of Information and Telecommunications shall continue to be responsible for the expenditure of funds authorized for building, expanding, maintaining, and operating the network.
Source:
SL 1992, ch 373 (Ex. Ord. 92-3), §24; SL 1994, ch 412 (Ex. Ord. 94-4), §21.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-35 - Operation of network by Bureau of Information and Telecommunications.

1-33-35. Operation of network by Bureau of Information and Telecommunications.
Operation of the Digital Dakota Network including design of a video network structure compatible with the existing telecommunications infrastructure, the administration of a billing service system for users of the network and issues related to operation of the network shall continue to be the responsibility of the Bureau of Information and Telecommunications pursuant to chapter 1-33.
Source:
SL 1992, ch 373 (Ex. Ord. 92-3), §26; SL 1994, ch 412 (Ex. Ord. 94-4), §21; SL 2005, ch 16, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-36 - Adoption of rules for Digital Dakota Network.

1-33-36. Adoption of rules for Digital Dakota Network.
The Bureau of Information and Telecommunications may adopt, pursuant to chapter 1-26, administrative rules regarding Digital Dakota Network operations, practices, procedures, billings, fees, sites, program sources, program content, program distribution, terminal sites, and any other need identified for successful operation of the Digital Dakota Network.
Source:
SL 1992, ch 373 (Ex. Ord. 92-3), §27; SL 1995, ch 322 (Ex. Ord. 95-6), §§17, 18; SL 2005, ch 16, §6.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-37 - Bureau of Information and Telecommunications created.

1-33-37. Bureau of Information and Telecommunications created.
There is hereby created within the Department of Executive Management the Bureau of Information and Telecommunications.
Source:
SL 1994, ch 412 (Ex. Ord. 94-4), §17; SL 2003, ch 272 (Ex. Ord. 03-1), §82.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-38 - Commissioner of Bureau of Information and Telecommunications--Powers and duties of bureau.

1-33-38. Commissioner of Bureau of Information and Telecommunications--Powers and duties of bureau.
The head of the Bureau of Information and Telecommunications is the commissioner of information and telecommunications.
The Bureau of Information and Telecommunications shall be administered by the commissioner of information and telecommunications, who shall:
(1)Provide such assistance, under the rules and regulations as hereinafter provided, as shall be necessary for the efficient performance of the official duties imposed upon the various departments and divisions by this code;
(2)Employ such staff and maintain facilities as necessary to operate a local government services program which shall provide or arrange for services for public corporations pursuant to the provisions of §1-33-45.
Source:
SDC 1939, §55.2005; SL 1943, ch 257, §11; SL 1955, ch 243, §1; SL 1963, ch 353, §15; SL 1971, ch 5, §6; SL 1974, ch 7; SL 1975, ch 12; SL 1979, ch 6; SL 1985, ch 33, §17; SL 1988, ch 11, §1; SL 1993, ch 162; SDCL, §1-14-12; SL 1994, ch 412 (Ex. Ord. 94-4), §18.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-39 - Appointment of commissioner of Bureau of Information and Telecommunications.

1-33-39. Appointment of commissioner of Bureau of Information and Telecommunications.
The commissioner of the Bureau of Information and Telecommunications shall be appointed by, and serve at, the pleasure of the Governor.
Source:
SL 1994, ch 412 (Ex. Ord. 94-4), §19.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-40 - Determining divisions within the Bureau of Information and Telecommunications.

1-33-40. Determining divisions within the Bureau of Information and Telecommunications.
Divisions within the Bureau of Information and Telecommunications shall be determined by the commissioner.
Source:
SL 1994, ch 412 (Ex. Ord. 94-4), §20.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-41 - Bureau of Information and Telecommunications authorized to contract with other state agencies.

1-33-41. Bureau of Information and Telecommunications authorized to contract with other state agencies.
The Bureau of Information and Telecommunications may contract with other state agencies for administrative support, accounting, payroll, and personnel services.
Source:
SL 1994, ch 412 (Ex. Ord. 94-4), §28.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-42 - Definitions.

1-33-42. Definitions.
Terms used in §§1-33-37 to 1-33-61, inclusive, unless the context otherwise plainly requires, mean:
(1)"Data processing," any automated collection, storage, manipulation, and retrieval of data including: central processing units for micro, mini, and mainframe computers; any related peripheral equipment such as, but not limited to, terminals, document scanners, word processors, intelligent copiers, disk units, tape units, controllers, plotters, offline memory storage, printer devices, and data transmission equipment; and any software such as, but not limited to, operating systems, teleprocessing monitors, data base monitors, library and maintenance routines, and application programs.
(2)"Office systems technology," office equipment such as typewriters, duplicating, photocopy, and paper handling machines or equipment, micrographic equipment, and printing equipment and services.
(3)"Services," the providing of consultant assistance for any aspect of information technology, to include data processing, office system technology, and telecommunication systems and networks.
(4)"Telecommunications," any transmission, emission, or reception of signals of any kind containing communications of any nature, by wire, radio, optical, or other electromagnetic means, including all facilities, equipment, supplies, and services for transmission, emission, or reception. Telecommunications does not include data processing services provided or authorized by the Bureau of Administration or Federal Communication Commission licensed facilities under the control of the South Dakota Board of Educational Telecommunications.
Source:
SL 1983, ch 4, §1; SL 1990, ch 446; SDCL, §1-14-12.10.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-43 - Functions of Bureau of Information and Telecommunications.

1-33-43. Functions of Bureau of Information and Telecommunications.
The Bureau of Information and Telecommunications shall perform functions to include:
(1)Providing technical and management assistance to state agencies and institutions as to systems or methods to be used to meet information and communication requirements efficiently and effectively;
(2)Developing and proposing operational technical standards for the state information systems which will ensure the interconnection of computer networks and information of state agencies;
(3)Purchasing from, or contracting with, suppliers and communications common carriers for communications facilities or services;
(4)Cooperating with any federal, state, or local emergency management agency in providing for emergency communication and information services;
(5)Providing, where deemed feasible, a means whereby local governmental agencies, the association authorized by §13-8-10.1, and the school administrators of South Dakota may utilize the state communication and information systems and service;
(6)In cooperation with the appropriate state agencies, plan, design, and conduct experiments in information services, equipment, and technology, and to implement enhancements in the state information system; and
(7)Providing, where deemed feasible, any tribally controlled school or Bureau of Indian Education school a means to utilize the state communication and information systems and service at the school's expense and purchase bandwidth at the same rate as other agencies listed in this chapter.
Source:
SL 1994, ch 412 (Ex. Ord. 94-4), §29; SL 1999, ch 227, §11; SL 2018, ch 15, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-44 - Installation of data processing, telecommunication, and office equipment--Approval of requests.

1-33-44. Installation of data processing, telecommunication, and office equipment--Approval of requests.
The Bureau of Information and Telecommunications shall develop, install, and direct office systems technology, software, and services; telecommunication equipment, software, and services; and data processing equipment, software, and services to serve statewide needs. The Bureau of Information and Telecommunications may approve, disapprove, or modify requests of departments, agencies, commissions, institutions, or any other units of state government which involve the acquisition by lease or purchase of any office systems technology, software, and services; telecommunication equipment, software, and services; and data processing equipment, software, and services.
The bureau shall take into consideration the unique needs of the separate legislative and judicial branches of government, the constitutional offices, and the Public Utilities Commission when evaluating requests for software acquisition. Nothing in this section may be construed to prevent the legislative and judicial branches of government, the constitutional offices, and the Public Utilities Commission from carrying out their separate functions or responsibilities.
Source:
SL 1966, ch 170, §3; SDCL, §4-7-21; SL 1982, ch 8; SL 1983, ch 4, §2; SDCL, §1-14-12.1; SL 1994, ch 412 (Ex. Ord. 94-4), §21.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-45 - Service agency for data processing--Agreements with political subdivisions.

1-33-45. Service agency for data processing--Agreements with political subdivisions.
The Bureau of Information and Telecommunications, at the direction and under the control of the Governor, and subject to the provisions of this chapter, shall develop and administer a service agency whose primary purpose shall be to serve statewide needs relating to automatic data processing services and to provide such services for any department, agency, commission, institution, or any other units of state government and for any of the political subdivisions of the state. The commissioner of information and telecommunications is hereby authorized to enter into agreements with any political subdivision for such purposes, and any political subdivision is hereby authorized to enter into such agreements for automatic data processing services.
Source:
SL 1966, ch 170, §3; SDCL, §4-7-22; SDCL, §1-14-12.2; SL 1994, ch 412 (Ex. Ord. 94-4), §21.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-46 - Board of Regents--Joint exercise of power.

1-33-46. Board of Regents--Joint exercise of power.
To effectuate the purposes of this chapter, the South Dakota Board of Regents may provide and enter into an agreement for the joint exercise of governmental power with the Bureau of Information and Telecommunications.
Source:
SL 1983, ch 4, §3; SDCL, §1-14-12.11; SL 1994, ch 412 (Ex. Ord. 94-4), §21.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-47 - Expenditures of appropriated moneys by board to acquire equipment--Deposit in fund.

1-33-47. Expenditures of appropriated moneys by board to acquire equipment--Deposit in fund.
Moneys appropriated to state boards, commissions, agencies, and other instrumentalities for the purchase of equipment may be paid to the Bureau of Information and Telecommunication and expended by the bureau to acquire the equipment by purchase or by lease. Moneys so paid in any year but not required to be expended for lease purchase payments shall be deposited in a fund administered by the Bureau of Information and Telecommunication which shall be available for renewal and replacement of existing equipment. Any money in the fund is continuously appropriated for the purposes of §§1-33-47 and 1-33-48.
Source:
SL 1988, ch 15, §1; SDCL, §1-14-16; SL 1994, ch 412 (Ex. Ord. 94-4), §21.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-48 - Commissioner allowed to enter into agreements to acquire equipment.

1-33-48. Commissioner allowed to enter into agreements to acquire equipment.
The commissioner of information and telecommunication may enter into purchase or lease-purchase agreements providing for the acquisition of equipment for state boards, commissions, agencies, and instrumentalities, and shall have all powers determined by the commissioner to be necessary to accomplish this purpose.
Source:
SL 1988, ch 15, §2; SDCL, §1-14-17; SL 1994, ch 412 (Ex. Ord. 94-4), §21.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-49 - Rules and regulations by commissioner of information and telecommunications--Administrative charges for contractual services.

1-33-49. Rules and regulations by commissioner of information and telecommunications--Administrative charges for contractual services.
The commissioner of information and telecommunications is empowered and it shall be his duty, to prescribe regulations, not inconsistent with law for the government of his bureau, the distribution and performance of its business, and the custody, use, and preservation of records, papers, books, and property pertaining thereto and on such other subjects as the law may specifically authorize him to make regulations.
The commissioner of information and telecommunications shall promulgate rules pursuant to chapter 1-26 to establish administrative charges for the contractual services authorized by §1-33-38.
Source:
SDC 1939, §55.2004; SL 1988, ch 11, §11; SDCL §§1-14-13, 1-14-14.2; SL 1994, ch 412 (Ex. Ord. 94-4), §21.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-50 - Internal service fund for data processing--Use of revenues--Maximum operating balance.

1-33-50. Internal service fund for data processing--Use of revenues--Maximum operating balance.
There is hereby established in the state treasury a data processing internal service fund. Any receipts or revenues into said fund may be expended for the purpose of defraying the expenses of the data processing services provided by the service agency authorized by §1-33-45. The fee schedule for services rendered by the service agency shall provide for a maximum operating balance of two months' average operating expenditures incurred by such operation. This average shall be calculated on an accrual basis and shall be double a moving monthly average of the twelve months' operating expenditures preceding the month of operation.
Source:
SL 1966, ch 181; SDCL, §4-7-23; SL 1970, ch 30, §5; SL 1974, ch 41; SDCL, §1-14-12.3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-51 - Service agency financed by internal service fund--Fee schedule.

1-33-51. Service agency financed by internal service fund--Fee schedule.
The operations of the service agency shall be financed by means of appropriations, gifts, grants, or reimbursements for services rendered which shall be receipted into the data processing internal service fund authorized and established in the state treasury by §1-33-50. The fee schedule for such services shall be designed, to the extent practicable, to recover all costs incurred in the operation of the service agency.
Source:
SL 1966, ch 170, §3; SDCL, §4-7-24; SDCL, §1-14-12.5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-53 - Contracts with leasing companies for purchase and lease of data processing equipment.

1-33-53. Contracts with leasing companies for purchase and lease of data processing equipment.
A state agency using leased automatic data processing equipment may, with the approval of the commissioner of information and telecommunications, enter into a contract with a leasing company for the lease or purchase by the agency of automatic data processing equipment with nonstate funds furnished by the company, and may transfer the title of the equipment to the leasing company for lease back to the agency at a rate which takes into account the value of any accruals applied to the equipment. A state agency may also transfer nonstate funds from a leasing company to the seller of automatic data processing equipment without complying with the requirements of law relating to the deposit of funds in the state treasury.
Source:
SL 1978, ch 7, §4; SDCL, §1-14-12.9; SL 1994, ch 412 (Ex. Ord. 94-4), §21.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-54 - Data processing service and maintenance contracts--Limitation of remedies.

1-33-54. Data processing service and maintenance contracts--Limitation of remedies.
The commissioner of information and telecommunications may enter into automatic data processing equipment and maintenance contracts which contain reasonable and lawful provisions regarding limitation of remedies. Nothing in this section, however, shall authorize a limitation of remedies which is contrary to the provisions of chapter 53-9.
Source:
SL 1978, ch 7, §3; SDCL, §1-14-12.8; SL 1994, ch 412 (Ex. Ord. 94-4), §21.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-55 - Charges for early termination of data processing equipment contracts--Maximum payable without legislative appropriation.

1-33-55. Charges for early termination of data processing equipment contracts--Maximum payable without legislative appropriation.
Termination charges or fees for early termination of a state contract for automatic data processing equipment, not to exceed five thousand dollars, may be authorized by the commissioner of information and telecommunications if the requesting agency can pay the charges from its operating budget. If the charges or fees needed exceed five thousand dollars, they shall be paid from a special legislative appropriation for the purpose of paying the termination charges or fees for a particular contract.
Source:
SL 1978, ch 7, §2; SDCL, §1-14-12.7; SL 1994, ch 412 (Ex. Ord. 94-4), §21.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-58 - Commissioner of Bureau of Information and Telecommunications to perform functions of secretary of former Department of Education and Cultural Affairs.

1-33-58. Commissioner of Bureau of Information and Telecommunications to perform functions of secretary of former Department of Education and Cultural Affairs.
The commissioner of information and telecommunications shall perform the functions of the secretary of the former Department of Education and Cultural Affairs relating to the Office of Educational Telecommunications, provided in chapter 13-47.
Source:
SL 1994, ch 412 (Ex. Ord. 94-4), §23; SL 2003, ch 272 (Ex. Ord. 03-1), §82.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-61 - Educational Telecommunications Board of Directors continued .

1-33-61. Educational Telecommunications Board of Directors continued.
The Educational Telecommunications Board of Directors is hereby continued and shall exercise its established functions, provided in chapter 13-47, with relation to the Bureau of Information and Telecommunications.
Source:
SL 1994, ch 412 (Ex. Ord. 94-4), §26.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 33 - Department Of Executive Management › Section 1-33-63 - Background investigation of information technology employees and contractors.

1-33-63. Background investigation of information technology employees and contractors.
The commissioner of the Bureau of Information and Telecommunications may require any information technology employee, new employee, or contractor to pass a background investigation. The background investigation may be criminal or of another nature. The state and federal criminal background investigation shall be by means of a fingerprint check by the Division of Criminal Investigation and the Federal Bureau of Investigation. The bureau shall submit the completed fingerprint card to the Division of Criminal Investigation before the new employee or contractor enters into service. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the background investigation. Any person whose employment or contract is subject to the requirements of this section shall pay any fee charged for the background investigation.
Source:
SL 2017, ch 9, §1.