reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 21 - Liability Of Public Entities And Public Officials › Section 3-21-10 - Immunity from lawsuits in courts of other jurisdictions.

3-21-10. Immunity from lawsuits in courts of other jurisdictions.
No waiver of state immunity by statute or, where permitted, by any officer or agent of the state may constitute or be interpreted as a waiver of the state's immunity from lawsuits in federal court or the courts of any jurisdiction other than the South Dakota Unified Judicial System.
Source:
SL 1986, ch 4, §12; SL 2002, ch 24, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 21 - Liability Of Public Entities And Public Officials › Section 3-21-11 - Who are agents of state for purposes of § 21-32-17.

3-21-11. Who are agents of state for purposes of §21-32-17.
Any employee, agent, or board member of any authority established by state law are agents of the State of South Dakota for the purposes of §21-32-17.
Source:
SL 1986, ch 4, §13.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 21 - Liability Of Public Entities And Public Officials › Section 3-21-13 - Restrictions on agreements providing for indemnification.

3-21-13. Restrictions on agreements providing for indemnification.
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.
Source:
SL 2019, ch 25, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 21 - Liability Of Public Entities And Public Officials › Section 3-21-14 - Nondisparagement clause--Unenforceable--State government.

3-21-14. Nondisparagement clause--Unenforceable--State government.
A nondisparagement or similar clause is void and unenforceable to prevent the communication or disclosure of facts to the Executive Board of the Legislative Research Council or the Government Operations and Audit Committee as to any state government activities associated with any settlement agreement to which the state, an agency thereof, or officer or employee thereof in an official capacity pursuant to chapter 3-19, is a party.
Source: SL 2022, ch 16, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 22 - Liability Coverage Program For Public Entities › Section 3-22-1 - Public entity pool for liability established--Coverage provided--Effect on certain claims and defenses.

3-22-1. Public entity pool for liability established--Coverage provided--Effect on certain claims and defenses.
There is hereby established the South Dakota public entity pool for liability effective March 1, 1987. PEPL shall provide defense and liability coverage for any state entity or employee as provided for within the coverage document issued by PEPL. Nothing in this chapter may be construed to require payment of a particular claim or class of claims, to create any cause of action, nor to waive or limit any immunity or legal defense otherwise available to any covered claim. Punitive damages may not be recovered pursuant to this chapter. No claim for indemnity or contribution by the United States, arising directly or indirectly from the acts or omissions of the South Dakota National Guard, its agents, officers, members, or employees, which is cognizable under the Federal Tort Claims Act may be prosecuted under this chapter.
Source:
SL 1986, ch 413, §1; SL 1993, ch 46; SL 2010, ch 24, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 22 - Liability Coverage Program For Public Entities › Section 3-22-2 - Definition of terms.

3-22-2. Definition of terms.
Terms used in this chapter mean:
(1)"PEPL," the public entity pool for liability established pursuant to this chapter;
(2)"Bureau," the Bureau of Administration;
(3)"Covered claim," a claim or civil action arising in tort from the operation of a motor vehicle, a ministerial act, or another act for which coverage is provided under the PEPL coverage document;
(4)"Coverage document," the written agreement between the director and the Governor setting forth the terms, conditions, limits, and scope of coverage provided by PEPL for a covered claim;
(5)"Director," the director of PEPL appointed by the commissioner of administration pursuant to this chapter;
(6)"Employee," any permanent or temporary employee or elected or appointed officer of any state entity whether compensated or not
(7)"Fund," the public entity pool for liability fund established pursuant to this chapter; and
(8)"State entity," the State of South Dakota and all of its branches, agencies, boards and commissions.
Source:
SL 1986, ch 413, §2; SL 1987, ch 40, §1; SL 1995, ch 323 (Ex. Ord. 95-7), §§17, 18; SL 2010, ch 24, §2.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 22 - Liability Coverage Program For Public Entities › Section 3-22-5 - Bureau of Administration powers.

3-22-5. Bureau of Administration powers.
The bureau may:
(1)Select a director who shall serve at the pleasure of the bureau;
(2)Enter contracts for actuarial determinations, claims adjustment and investigation, loss control and risk management, legal services, or other services the director determines to be necessary to carry out the purposes of this chapter;
(3)Enter contracts for insurance and reinsurance the director determines to be necessary to carry out the purposes of this chapter. Any such contract is not subject to the provisions of chapters 5-18A and 5-18-D;
(4)Develop a coverage document, agreed to by the director and the Governor, to establish the type and scope of covered claims, limits of coverage, terms and conditions of coverage, and costs of coverage; and
(5)Based on annual actuarial calculations, impose and collect contributions from covered state entities for the estimated amount necessary to extend coverage and maintain appropriate reserves for covered claims.
Source:
SL 1986, ch 413, §5; SL 1987, ch 40, §2; SL 2010, ch 24, §3; SL 2013, ch 24, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 22 - Liability Coverage Program For Public Entities › Section 3-22-6 - Promulgation of rules.

3-22-6. Promulgation of rules.
The bureau may, pursuant to chapter 1-26, establish rules for:
(1)Submission, reporting, handling, and payment of claims;
(2)Implementation of risk management and loss control practices;
(3)Rates and timing of contributions by state entities for coverage;
(4)Collection and reporting of data regarding claims; and
(5)Other procedures necessary for operation of PEPL.
Source:
SL 1986, ch 413, §6; SL 2010, ch 24, §4.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 22 - Liability Coverage Program For Public Entities › Section 3-22-7 - Payment of covered claims--Employee not liable for covered claim in excess of coverage--Subrogation.

3-22-7. Payment of covered claims--Employee not liable for covered claim in excess of coverage--Subrogation.
PEPL may pay a covered claim established by judgment or negotiated settlement as provided in the coverage document and which is not barred or avoidable through sovereign immunity or other substantive law. No employee is subject to personal liability for any covered claim in excess of the coverage provided by PEPL. The PEPL shall be fully subrogated to any right of recovery a state entity or employee may be entitled to, associated with any claim paid pursuant to this section.
Source:
SL 1986, ch 413, §7; SL 1987, ch 40, §5; SL 2010, ch 24, §5.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 22 - Liability Coverage Program For Public Entities › Section 3-22-11 - Disposition or payment of claims.

3-22-11. Disposition or payment of claims.
The director, at the director's sole discretion, may determine the disposition or payment amount of any covered claim. However, the director shall consult with the attorney general prior to entering a negotiated settlement of any civil action arising from a covered claim.
Source:
SL 1986, ch 413, §11; SL 2010, ch 24, §9.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 22 - Liability Coverage Program For Public Entities › Section 3-22-12 - Fund created--Expenditures--Investment--Purchase of annuity in settlement of claim.

3-22-12. Fund created--Expenditures--Investment--Purchase of annuity in settlement of claim.
There is hereby created on March 1, 1987, the public entity pool for liability fund to be used to pay claims pursuant to this chapter and the personal services and operating expenses for the management and operation of the PEPL. Any money in the fund shall be continuously appropriated and expenditures shall be made on warrants drawn by the state auditor on vouchers approved by the director and commissioner of administration. The money in the fund shall be invested by the State Investment Council and the fund shall retain the interest earned. If the bureau determines to purchase an annuity in settlement of a claim, it may purchase an annuity approved by the State Investment Council.
Source:
SL 1986, ch 413, §13; SL 1995, ch 316, §18.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 22 - Liability Coverage Program For Public Entities › Section 3-22-17 - Suits against state authorized only to extent coverage provided in coverage document.

3-22-17.Suits against state authorized only to extent coverage provided in coverage document.
Pursuant to S. D. Const., Art. III, §27, suits against the state are authorized only for a covered claim to the extent coverage is provided in the coverage document. Nothing in this chapter may be construed to otherwise waive or abrogate any immunity or defense available to any state entity or employee.
Source:
SL 1986, ch 413, §18; SL 2010, ch 24, §13.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 22 - Liability Coverage Program For Public Entities › Section 3-22-18 - Liability pool not to be considered insurance or insurance company.

3-22-18. Liability pool not to be considered insurance or insurance company.
The PEPL does not constitute insurance nor may it be considered an insurance company under the laws of South Dakota nor is the PEPL under the jurisdiction of the commissioner of insurance.
Source:
SL 1986, ch 413, §19.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 22 - Liability Coverage Program For Public Entities › Section 3-22-20 - Federal antitrust laws--Direct state action.

3-22-20. Federal antitrust laws--Direct state action.
This chapter is intended as direct state action within the meaning of federal antitrust laws.
Source:
SL 1986, ch 413, §21; SL 2010, ch 24, §14.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 22 - Liability Coverage Program For Public Entities › Section 3-22-21 - Immunity of judicial officers and agents--Payment of legal costs.

3-22-21. Immunity of judicial officers and agents--Payment of legal costs.
Nothing in this chapter may be construed to remove or waive the immunity of judicial officers or agents in the performance of their duties. The fund shall, however, provide legal services, if requested by the Supreme Court, to defend judicial officers or agents should they be sued in any court for official acts in the performance of their duties. The payment of legal costs shall in no way be construed as a waiver of judicial immunity.
Source:
SL 1986, ch 413, §22.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 23 - Conflicts Of Interest › Section 3-23-1 - State authority, board, and commission members prohibited from having interest in or deriving direct benefit from contract.

3-23-1. State authority, board, and commission members prohibited from having interest in or deriving direct benefit from contract.
No elected or appointed member of a state authority, board, or commission may have an interest in or derive a direct benefit from any contract:
(1)With the state agency to which the authority, board, or commission is attached for reporting or oversight purposes that requires the expenditure of government funds;
(2)With the state that requires the approval of the authority, board, or commission and the expenditure of government funds; or
(3)With a political subdivision of the state if the political subdivision approves the contract and is under the regulatory oversight of the authority, board, or commission, or the agency to which the authority, board, or commission is attached for reporting or oversight purposes.
No elected or appointed member of a state authority, board, or commission may derive a direct benefit from any contract as provided under this section for one year after the end of the member's term on the authority, board, or commission, except as provided in §3-23-3 or 3-23-4.
Source:
SL 2016, ch 33, §1; SL 2017, ch 31, §2.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 23 - Conflicts Of Interest › Section 3-23-1.1 - Definitions.

3-23-1.1. Definitions.
Terms used in this chapter mean:
(1)"Board member," an elected or appointed member of the governing board;
(2)"Cooperative education service unit," a legal entity created pursuant to §§13-5-31 to 13-5-33, inclusive, including subcontractors, agents or assigns of the cooperative education service unit;
(3)"Disgorgement," the act of giving up on demand or by legal compulsion something that was obtained by illegal or unethical acts; and
(4)"School district," a school district as defined in §13-5-1.
Source:
SL 2017, ch 31, §1; SL 2021, ch 73, § 22.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 23 - Conflicts Of Interest › Section 3-23-2 - Circumstances under which state authority, board, or commission member derives direct benefit.

3-23-2. Circumstances under which state authority, board, or commission member derives direct benefit.
An elected or appointed member of a state authority, board, or commission derives a direct benefit from a contract if the member, the member's spouse, or any other person with whom the member lives or commingles assets:
(1)Is a party to or intended beneficiary of the contract;
(2)Has more than a five percent ownership interest in an entity that is a party to the contract;
(3)Acquires property under the contract; or
(4)Will receive from the contracting party compensation, commission, promotion, or other monetary benefit that is directly attributable to the contract.
Source:
SL 2016, ch 33, §2; SL 2017, ch 31, §3.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 23 - Conflicts Of Interest › Section 3-23-2.1 - Circumstances under which state authority, board, or commission member has interest in contract.

3-23-2.1. Circumstances under which state authority, board, or commission member has interest in contract.
An elected or appointed member of a state authority, board, or commission has an interest in a contract if the member, the member's spouse, or any other person with whom the member lives or commingles assets:
(1)Is employed by a party to the contract; or
(2)Receives more than nominal compensation or reimbursement for actual expenses for serving on the board of directors of an entity that derives income or commission directly from the contract or acquires property under the contract.
Source:
SL 2017, ch 31, §4.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 23 - Conflicts Of Interest › Section 3-23-2.2 - Circumstances under which state authority, board, or commission member does not derive direct benefit from or have interest in contract.

3-23-2.2. Circumstances under which state authority, board, or commission member does not derive direct benefit from or have interest in contract.
A state authority, board, or commission member does not derive a direct benefit from or have an interest in a contract:
(1)Based solely on the value associated with the member's publicly-traded investments or holdings, or the investments or holdings of any other person with whom the member lives or commingles assets;
(2)By participating in a vote or a decision in which the member's only interest arises from an act of general application;
(3)If the member is a state employee and is authorized to enter into the contract pursuant to §§5-18A-17 through 5-18A-17.6, inclusive;
(4)If the contract is for the sale of goods, or for maintenance or repair services, in the regular course of business at or below a price offered to all customers;
(5)If the contract is subject to a public bidding process; or
(6)If the contract is for the deposit of public funds in a financial institution as otherwise authorized by law.
Source:
SL 2017, ch 31, §5.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 23 - Conflicts Of Interest › Section 3-23-3 - Circumstances under which state authority, board, or commission may authorize member to derive direct benefit from contract.

3-23-3. Circumstances under which state authority, board, or commission may authorize member to derive direct benefit from contract.
Any elected or appointed state authority, board, or commission may authorize an authority, board, or commission member to derive a direct benefit from a contract if:
(1)The member has provided full disclosure to the authority, board, or commission, including:
(a)All parties to the contract;
(b)The member's role in the contract;
(c)The purpose and objective of the contract;
(d)The consideration or benefit conferred or agreed to be conferred upon each party; and
(e)The duration of the contract;
(2)The authority, board, or commission finds that the terms of the contract are fair, reasonable, and not contrary to the public interest; and
(3)The authorization is a public record included in the official minutes of the authority, board, or commission, that shall be filed with the auditor-general and attorney general.
The auditor-general shall compile the authorizations and present them annually for review by the Government Operations and Audit Committee. A member who requests an authorization under this section shall make the request prior to entering into any contract that requires disclosure or within forty-five days after entering into the contract. Once disclosed and authorized by the governing board, no further disclosure or authorization is required unless the contract extends into consecutive fiscal years. A contract that extends into consecutive fiscal years requires an annual disclosure but no new authorization is required. If the authority, board, or commission rejects the request for authorization made by the member, the contract is voidable and subject to disgorgement pursuant to §3-23-5, or the member may resign from the authority, board, or commission. No member of a state authority, board, or commission may participate in or vote upon a decision of the state authority, board, or commission relating to a matter in which the member derives a direct benefit.
Source:
SL 2016, ch 33, §3; SL 2017, ch 31, §6.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 23 - Conflicts Of Interest › Section 3-23-3.1 - Circumstances under which state authority, board, or commission member may have interest in contract.

3-23-3.1. Circumstances under which state authority, board, or commission member may have interest in contract.
Any elected or appointed state authority, board, or commission member may have an interest in a contract if:
(1)The member, upon learning of the interest subject to the provisions of this chapter or a transaction that may create an interest subject to the provisions of this chapter discloses the interest no later than the first meeting of the authority, board, or commission held after the first day of July of each year;
(2)The authority, board, or commission is notified of the contract and the member's role in the contract;
(3)The terms of the contract do not violate any other provision of law; and
(4)The disclosure is included in the minutes that are publicly available and are filed with the auditor-general and attorney general.
Each member shall receive a form, developed by the attorney general, for the purpose of annual disclosure of any interest and direct benefit covered by the provisions of this chapter. In addition to any interest in a contract and direct benefit covered by the provisions of this chapter, the member shall also disclose at least annually any ownership interest of five percent or greater in any entity that receives grant money from the state, either directly or by a pass-through grant, or that contracts with the state or any political subdivision for services. An authority, board, or commission member who has an interest in a contract pursuant to this section shall disclose the existence of a contract in which the member has an interest but for which authorization by the authority, board, or commission is not required for the person to have an interest in the contract. The auditor-general shall compile and present any disclosure annually for review by the Department of Legislative Audit and the Government Operations and Audit Committee.
Source:
SL 2017, ch 31, §7.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 23 - Conflicts Of Interest › Section 3-23-4 - Circumstances under which authority, board, or commission may contract with former member.

3-23-4. Circumstances under which authority, board, or commission may contract with former member.
Within the one-year period prohibiting any contract with an elected or appointed authority, board, or commission member, the authority, board, or commission may approve a former member to contract with the elected or appointed authority, board, or commission if the authority, board, or commission determines that the terms of the contract are fair, reasonable, and are in the best interests of the public.
Any approval given pursuant to this section shall be included in the official minutes of the authority, board, or commission and is a public record. The minutes including the approval shall be filed with the auditor-general and attorney general. The auditor-general shall compile and present any approval annually for review by the Government Operations and Audit Committee.
Source:
SL 2016, ch 33, §4; SL 2017, ch 31, §8.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 23 - Conflicts Of Interest › Section 3-23-5 - Removal of state authority, board, or commission member for violation--Criminal penalties--Disgorgement--Voidable contract.

3-23-5. Removal of state authority, board, or commission member for violation--Criminal penalties--Disgorgement--Voidable contract.
Any elected or appointed state authority, board, or commission member who knowingly violates §§3-23-1 to 3-23-4, inclusive, shall be removed from the authority, board, or commission and is guilty of a Class 1 misdemeanor. Any person who knowingly violates §§3-23-1 to 3-23-4, inclusive, and is also guilty of theft under chapter 22-30A, shall be penalized at the next greater class of penalty prescribed by chapters 22-6 and 22-30A. No authority, board, or commission member who has submitted a good faith request for authorization pursuant to §3-23-3 may be convicted of a crime under this chapter. Any benefit to the authority, board, or commission member in violation of §§3-23-1 and 3-23-2 is subject to disgorgement and any contract made in violation of this chapter is voidable by the authority, board, or commission.
Source:
SL 2016, ch 33, §5; SL 2017, ch 31, §9.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 23 - Conflicts Of Interest › Section 3-23-6 - School districts and cooperative education service units--Officials with contract authority--Prohibitions on interest in or direct benefit from contract.

3-23-6. School districts and cooperative education service units--Officials with contract authority--Prohibitions on interest in or direct benefit from contract.
No board member, business manager, chief financial officer, superintendent, chief executive officer, or other person with the authority to enter into a contract or spend money in an amount greater than five thousand dollars of a school district, cooperative education service unit, or jointly governed education service entity that receives money from or through the state may have an interest in a contract nor receive a direct benefit from a contract in amount greater than five thousand dollars or multiple contracts in an amount greater than five thousand dollars with the same party within a twelve-month period to which the school district or cooperative education service unit is a party except as provided in §3-23-8.
Source:
SL 2016, ch 33, §6; SL 2017, ch 31, §10; SL 2017, ch 74, §1; SL 2021, ch 73, § 23.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 23 - Conflicts Of Interest › Section 3-23-7 - Officials with contract authority--Description of direct benefit from contract.

3-23-7. Officials with contract authority--Description of direct benefit from contract.
A person described in §3-23-6 derives a direct benefit from a contract if the person, the person's spouse, or any other person with whom the person lives and commingles assets:
(1)Is a party to or intended beneficiary of any contract held by the school district or cooperative education service unit;
(2)Has more than a five percent ownership interest in an entity that is a party to any contract held by the school district or cooperative education service unit;
(3)Acquires property under the contract; or
(4)Will receive compensation, commission, promotion, or other monetary benefit directly attributable to any contract with the school district or cooperative education service unit.
Source:
SL 2016, ch 33, §7; SL 2017, ch 31, §11; SL 2021, ch 73, § 24.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 23 - Conflicts Of Interest › Section 3-23-7.1 - Officials with contract authority--Description of interest in contract.

3-23-7.1. Officials with contract authority--Description of interest in contract.
A person described in §3-23-6 has an interest in a contract if the person, the person's spouse, or any other person with whom the person lives and commingles assets:
(1)Is employed by a party to any contract with the school district or cooperative education service unit; or
(2)Receives more than nominal compensation or reimbursement for actual expenses for serving on the board of directors of an entity that derives income or commission directly from the contract or acquires property under the contract.
Source:
SL 2017, ch 31, §12; SL 2021, ch 73, § 25.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 23 - Conflicts Of Interest › Section 3-23-7.2 - Officials with contract authority--Exclusions from interest in or direct benefit from contract.

3-23-7.2. Officials with contract authority--Exclusions from interest in or direct benefit from contract.
A person described in §3-23-6 does not derive a direct benefit from or have an interest in a contract:
(1)Based solely on the value associated with the person's publicly-traded investments or holdings, or the investments or holdings of any other person with whom the board member, business manager, chief financial officer, superintendent, or chief executive officer lives or commingles assets;
(2)By participating in a vote or a decision in which the person's only interest arises from an act of general application;
(3)Based on the person receiving income as an employee or independent contractor of a party with whom the school district or cooperative education service unit has a contract, unless the person receives compensation or a promotion directly attributable to the contract, or unless the person is employed by the party as a board member, executive officer, or other person working for the party in an area related to the contract;
(4)If the contract is for the sale of goods or services, or for maintenance or repair services, in the regular course of business at a price at or below a price offered to all customers;
(5)If the contract is subject to a public bidding process;
(6)If the contract is with the official depository as set forth in §6-1-3;
(7)Based solely on the person receiving nominal income or compensation, a per diem authorized by law or reimbursement for actual expenses incurred; or
(8)If the contract or multiple contracts with the same party within a twelve-month period with whom the school district or cooperative education service unit contracts is in an amount less than five thousand dollars.
Source:
SL 2017, ch 31, §13; SL 2021, ch 73, § 26.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 23 - Conflicts Of Interest › Section 3-23-8 - Officials with contract authority--Authorizing interest in or direct benefit from contract.

3-23-8. Officials with contract authority--Authorizing interest in or direct benefit from contract.
A school district or cooperative education service unit may authorize a person described in §3-23-6 to derive a direct benefit from a contract if:
(1)The person has provided full written disclosure to the agency, district, or unit governing board of all parties to the contract, the person's role in the contract, the purpose or objective of the contract, the consideration or benefit conferred or agreed to be conferred upon each party, and the duration of the contract;
(2)The governing board finds that the terms of the contract are fair, reasonable, and not contrary to the public interest; and
(3)Any request for authorization or governing board action are public records. The official minutes of the governing board shall include any governing board action on each request for authorization and shall be filed with the auditor-general and attorney general.
A person described in §3-23-6 who has an interest in a contract pursuant to §3-23-7.1 shall disclose the existence of a contract in which the person has an interest and the person's role in the contract but no governing board authorization is required for the person to have an interest in the contract. Disclosure shall also be made at the annual reorganization meeting if the contract extends into consecutive fiscal years. The interest disclosure shall be included in the official minutes of the governing board.
Any person receiving a direct benefit from a contract and requesting an authorization pursuant to §3-23-8 shall make the request prior to entering into any contract that requires disclosure or within forty-five days after entering into the contract that requires disclosure. Any authorization by the governing board requires no further disclosure or authorization unless the contract extends into consecutive fiscal years. If the contract extends into consecutive fiscal years, disclosure shall be made annually at the annual reorganization meeting but no new authorization is required. If the entity rejects any request for authorization, the contract is voidable and subject to disgorgement pursuant to §3-23-9 or the person may resign from the school district or cooperative education service unit.
No board member of a school district or cooperative education service unit may participate in or vote upon a decision of a school district or cooperative education service unit relating to a matter in which the member derives a direct benefit.
Source:
SL 2016, ch 33, §8; SL 2017, ch 31, §14; SL 2017, ch 74, §2; SL 2021, ch 73, § 27.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 23 - Conflicts Of Interest › Section 3-23-8.1 - Written conflict of interest policy.

3-23-8.1. Written conflict of interest policy.
Each school district or cooperative education service unit shall develop a written conflict of interest policy, including any disclosure and authorization form that includes the list of any disclosable interest in contracts or direct benefits covered by this chapter.
Source:
SL 2017, ch 31, §15; SL 2021, ch 73, § 28.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 23 - Conflicts Of Interest › Section 3-23-9 - Removal of board member or other person from office or employment--Criminal penalties--Disgorgement--Voidable contract.

3-23-9. Removal of board member or other person from office or employment--Criminal penalties--Disgorgement--Voidable contract.
Any person who knowingly violates §§3-23-6 to 3-23-8, inclusive, shall be removed from office or employment and is guilty of a Class 1 misdemeanor. Any person who knowingly violates §§3-23-6 to 3-23-8, inclusive, and is also guilty of theft under chapter 22-30A, shall be penalized at the next greater class of penalty prescribed by chapters 22-6 and 22-30A. No person described in §3-23-6 who has submitted a good faith disclosure or request for authorization pursuant to §3-23-8 may be convicted of a crime under this chapter. Any benefit to a person derived from the person's knowing violation of §§3-23-6 to 3-23-8, inclusive, is subject to disgorgement . Any contract made in violation of §§3-23-6 to 3-23-8, inclusive, is voidable by the governing body of the local service agency, school district, or cooperative education service unit.
Source:
SL 2016, ch 33, §9; SL 2017, ch 31, §16; SL 2017, ch 74, §3.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 23 - Conflicts Of Interest › Section 3-23-10 - Authorities, boards, and commissions subject to chapter.

3-23-10. Authorities, boards, and commissions subject to chapter.
The following authorities, boards, or commissions are subject to this chapter:
(1)South Dakota Building Authority;
(2)Board of Economic Development;
(3)South Dakota Housing Development Authority;
(4)South Dakota Health and Education Facilities Authority;
(5)Science and Technology Authority Board of Directors;
(6)South Dakota Ellsworth Development Authority;
(7)South Dakota Commission on Gaming;
(8)South Dakota Lottery Commission;
(9)State Brand Board;
(10)Game, Fish and Parks Commission;
(11)Banking Commission;
(12)Board of Trustees of the South Dakota Retirement System;
(13)Aeronautics Commission;
(14)South Dakota State Railroad Board;
(15)Transportation Commission;
(16)South Dakota Board of Education Standards;
(17)Board of Regents;
(18)Board of Pardons and Paroles;
(19)Board of Minerals and Environment;
(20)Board of Water and Natural Resources;
(21)South Dakota Railroad Authority;
(22)Board of Water Management; and
(23)Board of Technical Education.
Source:
SL 2016, ch 33, §10; SL 2017, ch 81, §§57, 59.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 24 - State Government Accountability Board › Section 3-24-1 - State Government Accountability Board established .

3-24-1. State Government Accountability Board established.
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.
Source:
SL 2017, ch 32, §1; SL 2019, ch 26, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 24 - State Government Accountability Board › Section 3-24-2 - Terms of office .

3-24-2. Terms of office.
The initial appointments for the members of the board are temporary and staggered with one member serving two years, one member serving three years, one member serving four years, and one member serving five years. Each member's initial term is to be determined by the Governor.
Source:
SL 2017, ch 32, §2.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 24 - State Government Accountability Board › Section 3-24-3 - Review and investigation of allegations of misconduct.

3-24-3. Review and investigation of allegations of misconduct.
The State Government Accountability Board may review and investigate any person holding a statewide office, as defined in §12-27-1, and employees of the executive branch of the state regarding:
(1)Allegations of impropriety related to any contract, grant, or loan with any public entity that provides the authority to any other entity to expend public funds;
(2)Documents filed under chapter 3-23 or alleged violations relating to conflicts of interest;
(3)Allegations of a direct or indirect interest in a contract in violation of the constitution or law;
(4)Allegations of malfeasance;
(5)Allegations of misappropriation of public funds;
(6)Allegations of use of false instruments to obtain public funds;
(7)Allegations of theft or embezzlement of public funds;
(8)Allegations of bribery; or
(9)Allegations of use of public money not authorized by law or in violation of the constitution.
The board may establish its own procedures, issue subpoenas, administer oaths, and take sworn testimony.
Source:
SL 2017, ch 32, §3.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 24 - State Government Accountability Board › Section 3-24-4 - Information, reports, and complaints to board--Confidentiality of records .

3-24-4. Information, reports, and complaints to board--Confidentiality of records.
Any person acting in good faith may:
(1)Furnish information to the board relating to suspected, anticipated, or completed violations of a corrupt act relating to any subdivision in §3-24-3;
(2)File a report with the board; or
(3)File a complaint with the board alleging a violation of any subdivision of §3-24-3.
The information, reports, or complaints and the investigative records and files of the board are confidential and not a public record according to chapter 1-27 until the board votes in favor of conducting a contested case hearing.
Source:
SL 2017, ch 32, §4.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 24 - State Government Accountability Board › Section 3-24-5 - Referral to Division of Criminal Investigation--Referral to state's attorney or attorney general.

3-24-5. Referral to Division of Criminal Investigation--Referral to state's attorney or attorney general.
The board may refer any information, report, or complaint it receives to the Division of Criminal Investigation for investigation. If, based on the information, report, or complaint, the board has reasonable cause to believe that a crime has been committed, the matter shall be referred to the Division of Criminal Investigation. If the Division of Criminal Investigation has cause to believe that a law has been violated, the division shall refer the matter to a state's attorney or the attorney general for prosecution. If an investigation does not reveal sufficient facts to support a criminal prosecution, the Division of Criminal Investigation shall refer the matter back to the board for the board's consideration. If the Division of Criminal Investigation determines that the information, report, or complaint is frivolous, it shall communicate this determination to the board in writing and the board may close the matter.
Source:
SL 2017, ch 32, §5.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 24 - State Government Accountability Board › Section 3-24-6 - Immunity of person acting in good faith--Civil actions .

3-24-6. Immunity of person acting in good faith--Civil actions.
A person acting in good faith is immune from civil liability for furnishing information, filing a report, or making a complaint. If a civil action is commenced against a person for damages related to furnishing information, filing a report, or making a complaint and the court determines that the person acted in good faith, the person may recover costs or disbursements under chapter 15-17 including reasonable attorney's fees. However, if the court determines that the person furnishing information, filing a report, or making a complaint did not act in good faith, the person who commenced the civil action may recover costs or disbursements under chapter 15-17, including reasonable attorney's fees, from the person who did not act in good faith.
Source:
SL 2017, ch 32, §6.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 24 - State Government Accountability Board › Section 3-24-7 - Contested case hearing .

3-24-7. Contested case hearing.
If a majority of the members of the board vote that there is sufficient information to believe that a statewide office holder or executive branch employee has engaged in misconduct related to any subdivision of §3-24-3, the board shall conduct a contested case hearing according to chapter 1-26 to afford the accused person the opportunity to respond to the allegation.
Source:
SL 2017, ch 32, §7.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 24 - State Government Accountability Board › Section 3-24-8 - Determination of misconduct .

3-24-8. Determination of misconduct.
At the conclusion of the contested case hearing before the board, if the board determines by a majority vote of the board that a violation has occurred, the board may:
(1)Issue a public or private reprimand;
(2)Direct a person to engage in coursework or community service; or
(3)Make a specific recommendation to the Governor.
Source:
SL 2017, ch 32, §8.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 24 - State Government Accountability Board › Section 3-24-9 - Status update from board.

3-24-9. Status update from board.
A person who has submitted information, a report, or complaint to the board pursuant to §3-24-4 may request a status update from the board. The board shall respond in writing.
Source:
SL 2017, ch 32, §9.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 24 - State Government Accountability Board › Section 3-24-10 - Annual report by board.

3-24-10. Annual report by board.
The board shall annually report to the people, the Governor, and the Legislature on its activities. The report shall include data regarding any allegations of violations of subdivisions of §3-24-3, including the number of reports filed, complaints received, number of unique persons filing complaints or reports, and hearings conducted by the board. The board may not disclose information that is not subject to disclosure under chapter 1-27 or pursuant to §3-24-4.
Source:
SL 2017, ch 32, §10.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 24 - State Government Accountability Board › Section 3-24-11 - Administrative and budgetary support--Staff.

3-24-11. Administrative and budgetary support--Staff.
The State Government Accountability Board is attached to the Office of the Attorney General for administrative and budgetary support. In order to review and investigate any alleged violation of the subdivisions listed in §3-24-3, the board may employ staff as it deems necessary.
Source:
SL 2017, ch 32, §11.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 01 - State Board Of Finance › Section 4-1-1 - Composition of State Board of Finance--Quorum--Chairman and secretary.

4-1-1. Composition of State Board of Finance--Quorum--Chairman and secretary.
The State Board of Finance shall consist of the Governor, state treasurer, secretary of state, state auditor, attorney general, commissioner of school and public lands, commissioner of finance and management, and commissioner of administration, any five of whom shall constitute a quorum. The Governor shall be chairman of the board and the secretary of state its secretary.
Source:
SL 1909, ch 229, §1; SL 1911, ch 234, §1; RC 1919, §6872; SL 1923, ch 278, §1; SL 1925, ch 115, ch II, art VI, §3; SL 1925, ch 280; SDC 1939, §55.2001; SL 1943, ch 257, §10; SL 1972, ch 24; SL 1979, ch 31.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 01 - State Board Of Finance › Section 4-1-2 - Record of proceedings open to public--Meetings of board.

4-1-2. Record of proceedings open to public--Meetings of board.
A record of the proceedings of the State Board of Finance shall be kept in the Office of the Secretary of State and be open at all times to public inspection. Such board shall meet on the third Tuesday of each month, or more frequently upon the request of the chairman or secretary.
Source:
SL 1909, ch 229, §1; SL 1911, ch 234, §1; RC 1919, §6872; SL 1923, ch 278, §1; SDC 1939, §55.2001; SL 1943, ch 257, §10.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 01 - State Board Of Finance › Section 4-1-4 - Administrative direction and supervision by secretary of state--Independent functions retained by board.

4-1-4. Administrative direction and supervision by secretary of state--Independent functions retained by board.
The Board of Finance shall be administered under the direction and supervision of the secretary of state, but shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministrative, and special budgetary functions (as defined in §1-32-1) otherwise vested in it and shall exercise those functions independently of the secretary of state.
Source:
SL 1974, ch 6, §2.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 01 - State Board Of Finance › Section 4-1-5 - Disqualification of member of board--Selection of replacement.

4-1-5. Disqualification of member of board--Selection of replacement.
If any member of the Board of Finance determines himself disqualified from acting on any matter considered under the provisions of this chapter, he shall notify the board of his determination in writing. Upon receipt of the determination of disqualification, the remaining members of the Board of Finance shall select, by a majority vote, a replacement. The individual selected to replace a disqualified member of the Board of Finance shall have all the powers and duties of a regular member of the board with respect to the matter before the board that caused the regular member to disqualify himself.
Source:
SL 1982, ch 43.
2023 South Dakota Codified Laws › Title 4 - Public Fiscal Administration › Chapter 02 - Department Of Legislative Audit › Section 4-2-1 - Department continued--Seal.

4-2-1. Department continued--Seal.
The department of the state government known as the Department of Legislative Audit is hereby continued. It shall have a seal containing the words: "South Dakota Department of Legislative Audit."
Source:
SL 1943, ch 258, §1; SDC Supp 1960, §55.2901; SL 1974, ch 37, §1.