reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-36 - Earnings on value added agriculture subfund.

1-53-36. Earnings on value added agriculture subfund.
Earnings on the value added agriculture subfund may be used by the Governor's Office of Economic Development for the administrative costs of this program. Such earnings shall be expended in accordance with the provisions of Title 4 on warrants drawn by the state auditor on vouchers approved by the commissioner of the Governor's Office of Economic Development. Eligible expenses may not exceed total interest earnings during the previous fiscal year prior to the deduction of loan losses for the same fiscal year.
Source:
SL 2013, ch 192, §2; SDCL §38-6-15; SL 2019, ch 235 (Ex. Ord. 19-1), §56, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-37 - Promulgation of rules--Value-added agriculture subfund.

1-53-37. Promulgation of rules--Value-added agriculture subfund.
In connection with the administration of the value added agriculture subfund, the Board of Economic Development may, pursuant to chapter 1-26, promulgate rules the board determines are necessary to implement the purposes of §§1-53-34 to 1-53-36, inclusive, including:
(1)Setting the application procedures for those who apply for loans or grants from the value added agriculture subfund;
(2)Establishing criteria to determine which applicants will receive such loans or grants;
(3)Governing the use of proceeds of such loans or grants;
(4)Establishing criteria for the terms and conditions upon which such loans or grants shall be made, including the terms of security given, if any, to secure such loans; and
(5)Governing the use of proceeds by lenders of funds advanced to the lenders by the Board of Economic Development including the terms and conditions upon which the proceeds shall be loaned to borrowers for the purposes described in §§1-53-34 to 1-53-36, inclusive.
Source:
SL 2013, ch 192, §9; SDCL §38-6-16; SL 2019, ch 235 (Ex. Ord. 19-1), §57, eff. Apr. 14, 2019; SL 2020, ch 4, § 23.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-38 - South Dakota Certified Beef Program.

1-53-38. South Dakota Certified Beef Program.
Sections 1-53-38 to 1-53-47, inclusive, shall be cited as the South Dakota Certified Beef Program Act of 2005.
Source:
SL 2005, ch 218, §1, eff. Mar. 8, 2005; SDCL §39-24-1; SL 2019, ch 235 (Ex. Ord. 19-1), §59, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-39 - Beef products produced by registered participants in compliance with requirements authorized for sale as South Dakota Certified Beef.

1-53-39. Beef products produced by registered participants in compliance with requirements authorized for sale as South Dakota Certified Beef.
Only beef products, whether live animals or finished consumer products, which have been produced by registered participants in full compliance with all the applicable requirements of §§1-53-38 to 1-53-47, inclusive, may be certified, identified, classified, packaged, labeled, or otherwise designated for sale inside or outside this state as South Dakota Certified Beef.
Source:
SL 2005, ch 218, §2, eff. Mar. 8, 2005; SDCL §39-24-2; SL 2019, ch 235 (Ex. Ord. 19-1), §59, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-40 - Authority of Governor's Office of Economic Development--Program requirements and operation.

1-53-40. Authority of Governor's Office of Economic Development--Program requirements and operation.
The commissioner of the Governor's Office of Economic Development may establish quality protocols, guidelines, program requirements, license fees, and license requirements and operate, supervise, and control the South Dakota Certified beef program.
Source:
SL 2005, ch 218, §3, eff. Mar. 8, 2005; SDCL §39-24-3; SL 2019, ch 235 (Ex. Ord. 19-1), §60, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-41 - Use of mark, copyright, or label--Violation as felony.

1-53-41. Use of mark, copyright, or label--Violation as felony.
The use of any certification mark, trademark, service mark, copyright, or label of the South Dakota Certified beef program shall be in accordance with the terms and conditions of a valid license issued by the commissioner. A violation of this section is a Class 6 felony.
Source:
SL 2005, ch 218, §4, eff. Mar. 8, 2005; SDCL §39-24-4; SL 2019, ch 235 (Ex. Ord. 19-1), §61, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-42 - Confidential information--Exception.

1-53-42. Confidential information--Exception.
Any data or financial information made or received by the commissioner of the Governor's Office of Economic Development pursuant to §§1-53-38 to 1-53-47, inclusive, is not public record and is exempt from the provisions of §1-27-1. However, the commissioner may provide information gathered pursuant to §§1-53-38 to 1-53-47, inclusive, to any government agency if the information is needed for a government sponsored animal identification tracking program or for any public health or safety reason.
Source:
SL 2005, ch 218, §5, eff. Mar. 8, 2005; SDCL §39-24-5; SL 2019, ch 235 (Ex. Ord. 19-1), §62, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-43 - Promulgation of rules on certified beef program.

1-53-43. Promulgation of rules on certified beef program.
The commissioner of the Governor's Office of Economic Development may by rule promulgated pursuant to chapter 1-26, prescribe the following:
(1)Qualifications or conditions for using any intellectual property right, mark, or label of the South Dakota Certified beef program;
(2)Reasonable fees for licenses and services of the program, such fees to be reasonably commensurate with the cost of developing, administering, and marketing the program;
(3)License application procedures, the terms and conditions of any license, and any official form the secretary deems necessary and appropriate;
(4)Methods and means of conducting inspections, keeping records, and otherwise insuring program compliance by participants in the program; and
(5)Provisions to maintain the confidentiality of business information provided to the secretary by participants in the program.
Source:
SL 2005, ch 218, §6, eff. Mar. 8, 2005; SDCL §39-24-6; SL 2019, ch 235 (Ex. Ord. 19-1), §63, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-44 - Enforcement by court action--Injunctive relief.

1-53-44. Enforcement by court action--Injunctive relief.
In addition to any other remedy provided by law, the commissioner may proceed by suit in any court of competent jurisdiction to enforce the terms and provisions of §§1-53-38 to 1-53-47, inclusive, and of any license issued pursuant to §§1-53-38 to 1-53-47, inclusive. The commissioner may as a part of any such suit seek injunctive relief.
Source:
SL 2005, ch 218, §7, eff. Mar. 8, 2005; SDCL §39-24-7; SL 2019, ch 235 (Ex. Ord. 19-1), §64, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-45 - Revocation of license.

1-53-45. Revocation of license.
In addition to any other remedy provided by law, the commissioner may revoke a license for cause pursuant to chapter 1-26.
Source:
SL 2005, ch 218, §8, eff. Mar. 8, 2005; SDCL §39-24-8; SL 2019, ch 235 (Ex. Ord. 19-1), §65, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-46 - Agency cooperation to develop, administer, and market certified beef program.

1-53-46. Agency cooperation to develop, administer, and market certified beef program.
The secretary of agriculture and natural resources and the commissioner of the Governor's Office of Economic Development shall consult and cooperate, and shall exchange such services, personnel, and information as are necessary and appropriate in order to develop, administer, and market the South Dakota Certified beef program.
Source:
SL 2005, ch 218, §9, eff. Mar. 8, 2005; SL 2011, ch 1 (Ex. Ord. 11-1), §159, eff. Apr. 12, 2011; SDCL §39-24-9; SL 2019, ch 235 (Ex. Ord. 19-1), §66, eff. Apr. 14, 2019; SL 2021, ch 1 (Ex. Ord. 21-3), §14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 53 - Governor's Office Of Economic Development › Section 1-53-47 - South Dakota Certified beef fund--Deposits and expenditures.

1-53-47. South Dakota Certified beef fund--Deposits and expenditures.
There is hereby created within the state treasury the South Dakota Certified beef fund, into which all license fees, inspection fees, and other fees or revenues paid to the state from the operation of the South Dakota Certified beef program shall be deposited. All moneys in the fund created by this section shall be used for the purpose of developing, administering, and marketing the South Dakota Certified beef program. Expenditures from the fund shall be appropriated through the normal budget process.
Source:
SL 2005, ch 218, §10, eff. Mar. 8, 2005; SDCL §39-24-10; SL 2019, ch 235 (Ex. Ord. 19-1), §66, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 54 - Department Of Tribal Relations › Section 1-54-1 - Department created--Secretary as head.

1-54-1. Department created--Secretary as head.
There is hereby created a Department of Tribal Relations. The head of the Department of Tribal Relations is the secretary of tribal relations who shall be appointed and serve pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, §9.
Source:
SL 2011, ch 1 (Ex. Ord. 11-1), §28, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 54 - Department Of Tribal Relations › Section 1-54-3 - Department functions.

1-54-3. Department functions.
The Department of Tribal Relations shall aid in securing and coordinating federal, state, and local resources to help solve problems and to serve as an advocate for Native American people.
Source:
SL 1949, ch 244, §1; SDC Supp 1960, §65.0801; SL 1974, ch 4, §1; SL 1975, ch 9, §1; SL 1987, ch 395 (Ex. Ord. 87-6), §18; SL 1995, ch 320 (Ex. Ord. 95-4), §§17-20; SDCL §1-4-1; SL 2011, ch 1 (Ex. Ord. 11-1), §80, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 54 - Department Of Tribal Relations › Section 1-54-4 - Governor to hold hearings before entering into gaming compact.

1-54-4. Governor to hold hearings before entering into gaming compact.
Before entering into a compact with an Indian tribe on any class III gaming under the Federal Indian Gaming Regulatory Act, the Governor or the Governor's designee must hold one or more public hearings in the affected area to allow any interested persons to state their views.
Source: SL 1989, ch 373; SDCL 1-4-25; SL 2011, ch 1 (Ex. Ord. 11-1), §82, eff. Apr. 12, 2011; SL 2023, ch 3, §13.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 54 - Department Of Tribal Relations › Section 1-54-5 - Consultation with tribal government regarding state programs.

1-54-5. Consultation with tribal government regarding state programs.
It is the policy of the state to consult with a tribal government regarding the conduct of state government programs which have the potential of affecting tribal members on the reservation. This section may not be construed to confer any substantive rights on any party in any litigation or otherwise.
Source:
SL 1990, ch 5; SDCL §1-4-26; SL 2011, ch 1 (Ex. Ord. 11-1), §83, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 54 - Department Of Tribal Relations › Section 1-54-6 - Advice to Department of Tribal Relations.

1-54-6. Advice to Department of Tribal Relations.
The Governor shall invite and solicit the officials of the Bureau of Indian Affairs and officials of the Division of Indian Health of the United States Public Health Service, the United States Departments of Housing and Urban Development, Labor, Justice, Agriculture, and Transportation, and the United States Department of Health and Human Services, the United States Attorney's Office for the district of South Dakota and the United States Economic Development Administration, to participate and act in an advisory capacity to the Department of Tribal Relations.
Any state agency, commission, board, department, or institution shall render such advice and assistance to the Department of Tribal Relations as the office may deem necessary in fulfillment of the provisions of this chapter.
Source:
SL 1959, ch 460, §2; SDC Supp 1960, §65.0803; SL 1961, ch 463, §2; SL 1974, ch 4, §4; SL 1975, ch 9, §4; SL 1987, ch 395 (Ex. Ord. 87-6), §§17-20, 1995, ch 320 (Ex. Ord. 95-4), §20; SDCL §1-4-4; SL 2009, ch 1, §§1, 2; SDCL §1-52-12; SL 2011, ch 1 (Ex. Ord. 11-1), §132, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 54 - Department Of Tribal Relations › Section 1-54-7 - Tribal identification cards--Exception.

1-54-7. Tribal identification cards--Exception.
A tribal identification card is a valid form of identification for all purposes relating to commerce, including for all purposes relating to banks or financial institutions for which a South Dakota nondriver identification card or a South Dakota driver license may be used. Furthermore, tribal identification cards shall be accepted as valid forms of identification for the purpose of cashing checks wherever checks may be cashed and for purposes where the age of the person needs to be verified. For purposes of this section and §§22-40-9, 22-40-18, and 34-46-1, the term, tribal identification card, means an unexpired identification card issued by a South Dakota tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the legal name, date of birth, signature, and picture of the enrolled tribal member. Reasonable reliance upon a tribal identification card as proof of age of the purchaser or the recipient of an age-restricted product is a complete defense to any action brought against a person for the sale or distribution of a product that is subject to state or federal age-related purchase and possession restrictions. This section does not modify any provision of the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives regulations concerning permissible forms of identification for use in the purchase of firearms.
Source:
SL 2011, ch 13, §1; SL 2020, ch 7, § 1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 54 - Department Of Tribal Relations › Section 1-54-8 - Tribal parole pilot programs.

1-54-8. Tribal parole pilot programs.
In cooperation with the Department of Tribal Relations, the Department of Corrections may develop tribal parole pilot programs to supervise parolees on tribal land. The Department of Corrections shall promulgate rules pursuant to chapter 1-26 as necessary for the implementation of the pilot program. The pilot program shall utilize a tribal-state liaison officer. The officer shall use supervision strategies that focus on reducing recidivism and employ evidence-based practices and swift, certain, and proportionate sanctions.
Source:
SL 2013, ch 101, §12.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 54 - Department Of Tribal Relations › Section 1-54-10 - Assistance with election grants, education, and satellite-voting centers.

1-54-10. Assistance with election grants, education, and satellite-voting centers.
The Department of Tribal Relations, in off-election years, shall in cooperation with the secretary of state, counties, and tribes assist with the Help America Vote Act and assist with election grants, education, and satellite-voting center locations on Indian reservations.
Source:
SL 2018, ch 20, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 54 - Department Of Tribal Relations › Section 1-54-11 - Office of Indian Education established--Annual report.

1-54-11. Office of Indian Education established--Annual report.
The Office of Indian Education is hereby established within the Department of Tribal Relations. The Office of Indian Education shall support initiatives in order that South Dakota's students and public school instructional staff become aware of and gain an appreciation of South Dakota's unique American Indian culture. The secretary of the Department of Tribal Relations shall appoint an Indian Education Advisory Council. The council shall consist of representatives of all nine tribes in South Dakota along with Native American educators from all parts of the state. The nine representatives of the tribes shall be appointed from nominations submitted by the tribal councils of each of the tribes. The council members shall serve for three-year terms. The council shall make an annual report to the Governor and the State-Tribal Relations Committee by January first each year.
Source: SL 2007, ch 82, §1; SDCL §13-1-47; SL 2019, ch 235 (Ex. Ord. 19-1), §20, eff. Apr. 14, 2019; SL 2022, ch 7, §1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 54 - Department Of Tribal Relations › Section 1-54-12 - Indian Education Advisory Council to consult with Department of Education regarding Oceti Sakowin Essential Understandings.

1-54-12. Indian Education Advisory Council to consult with Department of Education regarding Oceti Sakowin Essential Understandings.
The Department of Education shall consult with the Indian Education Advisory Council within the Department of Tribal Relations to develop and review the Oceti Sakowin Essential Understandings. The consultation process shall align with the standards revision cycle established by the Board of Education Standards pursuant to §13-3-48.
Source:
SL 2007, ch 82, §3; SDCL §13-1-49; SL 2019, ch 235 (Ex. Ord. 19-1), §21, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 54 - Department Of Tribal Relations › Section 1-54-13 - Native American achievement schools grant program established.

1-54-13. Native American achievement schools grant program established.
There is hereby established the Native American achievement schools grant program to be administered by the Office of Indian Education within the Department of Tribal Relations. The purpose of the grant program is to fund the establishment of up to three Native American achievement school projects aimed at improving academic outcomes for Native American students.
Source:
SL 2016, ch 86, §1; SDCL §13-14-16; SL 2019, ch 235 (Ex. Ord. 19-1), §23, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 54 - Department Of Tribal Relations › Section 1-54-14 - Eligibility requirements for Native American achievement schools grant applicants.

1-54-14. Eligibility requirements for Native American achievement schools grant applicants.
An applicant seeking a grant from the Native American achievement schools grant program shall:
(1)Be an accredited public school within the State of South Dakota;
(2)Serve a student population for which the school-level results for the 2014-15 academic year on the state academic assessment are below the statewide average proficiency in English language arts and mathematics;
(3)Serve a student population of which at least fifty percent is comprised of Native American students;
(4)Demonstrate access to a physical facility that is adequate for implementation of the project; and
(5)Demonstrate the ability to complete the project in accordance with all requirements of §§1-54-13 to 1-54-20, inclusive, state and federal laws and regulations, and policies of the department.
Source:
SL 2016, ch 86, §2; SDCL §13-14-17; SL 2019, ch 235 (Ex. Ord. 19-1), §24, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 54 - Department Of Tribal Relations › Section 1-54-15 - Criteria for priority projects.

1-54-15. Criteria for priority projects.
In selecting grant recipients, the department shall give priority to projects that meet the requirements of this chapter and show commitment to increasing student success through building cultural identities, encouraging academic perseverance, supporting the development of the whole child, and encouraging student leadership skills by demonstrating one or more of the following characteristics:
(1)Offering programming designed to lead to postsecondary readiness and work readiness;
(2)Supporting the recruitment and retention of highly effective teachers and administrators;
(3)Demonstrating commitment to the implementation of the Oceti Sakowin Essential Understandings and Standards across the curriculum;
(4)Demonstrating a commitment to the implementation of courses offering instruction in Dakota, Lakota, or Nakota languages;
(5)Maintaining a school environment that cultivates diversity of the student population and promotes a sense of belonging;
(6)Forming partnerships with community organizations or governmental entities; and
(7)Planning for sustainability.
Source:
SL 2016, ch 86, §3; SDCL §13-14-18; SL 2019, ch 235 (Ex. Ord. 19-1), §25, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 54 - Department Of Tribal Relations › Section 1-54-16 - Application process.

1-54-16. Application process.
The department shall inform potential applicants of the application and award period and of the amount of funding available for the grants. The department shall also provide the application form and scoring rubric that informs potential applicants of the weight to be assigned to each characteristic referenced in §1-54-15 within the selection process. Applicants shall complete the application form and provide any additional information requested by the department. The application is not complete until all necessary information is submitted.
Source:
SL 2016, ch 86, §4; SDCL §13-14-19; SL 2019, ch 235 (Ex. Ord. 19-1), §26, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 54 - Department Of Tribal Relations › Section 1-54-17 - Determination of grant recipients and award amounts.

1-54-17. Determination of grant recipients and award amounts.
The department, with the assistance of a group of reviewers designated by the secretary of tribal relations, shall determine grant recipients and award amounts utilizing a competitive process. The group of reviewers shall include three members of the Indian Education Advisory Council established pursuant to §1-54-11.
Source:
SL 2016, ch 86, §5; SDCL §13-14-20; SL 2019, ch 235 (Ex. Ord. 19-1), §27, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 54 - Department Of Tribal Relations › Section 1-54-18 - Conditions applicable to grant recipients.

1-54-18. Conditions applicable to grant recipients.
In addition to complying with the requirements in §1-54-16 and the additional requirements of chapter 13-14, all grant recipients will be subject to the following conditions:
(1)The amount of a grant may not exceed the actual cost of the project as proposed in the application;
(2)The grant shall be paid on a reimbursement basis, following procedures and requirements outlined by the department;
(3)Any funds provided through the grant must be necessary and reasonable to complete the project;
(4)Necessary documentation, as determined by the department, shall be submitted to support all expenditures;
(5)Expenditures must be approved before the end of the grant period;
(6)A grant project must expend all funds provided through the grant within thirty-six months following grant approval; and
(7)No grant funds may be used for costs associated with writing the grant proposal, contractual obligations that became effective prior to the award period of the grant, purchases that become the property of any individual or organization other than the grant recipient, or purchases or services beyond the project outcomes or activities.
Source:
SL 2016, ch 86, §6; SDCL §13-14-21; SL 2019, ch 235 (Ex. Ord. 19-1), §28, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 54 - Department Of Tribal Relations › Section 1-54-19 - Grant recipient reports--Access to facilities and records.

1-54-19. Grant recipient reports--Access to facilities and records.
Each grant recipient shall submit grant status reports to the department on a quarterly basis, and a final grant report including data related to the implementation of the project. The department shall determine the details required in the reports and the deadlines for report submissions. Each grant recipient shall provide the department with reasonable access to facilities and records that may be necessary for the department to determine compliance with the terms of the grant and all the requirements of §§1-54-13 to 1-54-20, inclusive.
Source:
SL 2016, ch 86, §7; SDCL §13-14-22; SL 2019, ch 235 (Ex. Ord. 19-1), §29, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 54 - Department Of Tribal Relations › Section 1-54-20 - Default--Repayment--Civil action.

1-54-20. Default--Repayment--Civil action.
The submission of false or misleading statements or information as part of a grant application or the failure to comply with any requirement shall be considered a default upon the terms of a grant. In the event of a default, the department may require the grant recipient to repay any funds dispersed under the grant to the department within thirty days of a written demand from the department. The department may begin a civil action to recover any grant funds that a grant recipient is required to repay under this section.
Source:
SL 2016, ch 86, §8; SDCL §13-14-23; SL 2019, ch 235 (Ex. Ord. 19-1), §30, eff. Apr. 14, 2019.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 55 - Obligation Recovery Center › Section 1-55-1 - Definitions.

1-55-1. Definitions.
Terms used in this chapter mean:
(1)"Account receivable cycle," the period of time, not to exceed one hundred eighty days, during which the center may attempt to collect on a debt before the debt is forwarded to any collection agency in accordance with §1-55-14;
(2)"Center," the obligation recovery center;
(3)"Debt," a legal obligation to pay money, including any principal, any interest that has accrued or will accrue until the debt is paid, any penalties, any costs, and any other charges permitted by law. The term also includes any obligation of any kind referred to the center for collection by any agency of the state, the Unified Judicial System, the Board of Regents, a technical college supported by the state under §13-39A-42, or a constitutional office;
(4)"Debtor," a person who is indebted to the state or a state agency for any delinquent accounts, charges, fees, loans, taxes, or other indebtedness due the state, or any person that owes any obligation being collected by the center;
(5)"Bad debt," any debt due an agency of the state, the Board of Regent's system, any technical college supported by the state under §13-39A-42, or a constitutional office that is no longer subject to an administrative appeal or judicial review following an administrative appeal, or any costs, fines, fees, or restitution ordered in any adult criminal proceeding through the Unified Judicial System no longer subject to direct appeal under §23A-32-2;
(6)"Final notification," the notification provided by §1-55-7; and
(7)"Referring entity," the entity referring the debt to the state obligation recovery center for collection.
Source:
SL 2015, ch 14, §2; SL 2019, ch 13, §1; SL 2020, ch 61, § 32.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 55 - Obligation Recovery Center › Section 1-55-2 - Obligation recovery center created.

1-55-2. Obligation recovery center created.
There is hereby created the obligation recovery center, which is attached to the Bureau of Administration for budgeting and reporting purposes. The center is a central repository for identification, registration, oversight, and collection of debts owed to any agency or department of the state or to any postsecondary technical institute supported by the state under §13-39A-42.
Source:
SL 2015, ch 14, §1; SL 2019, ch 13, §2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 55 - Obligation Recovery Center › Section 1-55-3 - Collection of bad debts.

1-55-3. Collection of bad debts.
The center shall work to collect each bad debt referred to the center during the account receivable cycle. The character of the debt in the hands of the referring entity does not change by the referral of the debt to the center for collection. Among other powers granted by this chapter, the center may:
(1)Sue;
(2)File liens;
(3)Enter into payment agreements with debtors;
(4)Impose a cost recovery fee;
(5)Collect data for debt collection purposes;
(6)Establish and maintain a centralized electronic debt management system;
(7)Exercise settlement authority granted by the referring entity;
(8)Setoff against any moneys to be paid by the State of South Dakota or any referring entity to a debtor;
(9)Contract with multiple collection agencies for the collection of debt on behalf of the center;
(10)Except for the debt collection powers vested in the Unified Judicial System, the center may use the referring entity's statutory collection authority to collect the bad debt owed to the referring entity; and
(11)Utilize all debt collection methods authorized by state law.
The office may determine which method or combination is most suitable to collect the debt.
Source:
SL 2015, ch 14, §3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 55 - Obligation Recovery Center › Section 1-55-4 - Cost recovery fees.

1-55-4. Cost recovery fees.
For any bad debt referred to the center for collection after July 1, 2015, the center shall collect a cost recovery fee in addition to the debt referred to the center for collection. The cost recovery fee is calculated by multiplying the principal amount of the debt referred to the center by twenty percent. All debt collection methods available to collect any bad debt referred to the center may be used by the center to collect the cost recovery fee. The cost recovery fee shall be deposited into a fund within the Bureau of Administration and the operations of the center shall be subject to the annual budgeting process specified in chapter 4-7.
Source:
SL 2015, ch 14, §4; SL 2021, ch 14, § 1.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 55 - Obligation Recovery Center › Section 1-55-5 - Transfer of recovered moneys to referring entity--Proration of insufficient amounts--Order of debt collection.

1-55-5. Transfer of recovered moneys to referring entity--Proration of insufficient amounts--Order of debt collection.
The center shall transfer any other moneys collected from a debtor to the referring entity within thirty days after the end of the month in which the moneys were collected. If the amount collected is less than the principal amount of the debt referred to the center and the cost recovery fee imposed by this chapter, the amount collected shall be prorated between the principal amount of the debt referred and the cost recovery fee.
If more than one referring entity has referred a debt to the center regarding the same debtor, or if the same referring entity has referred multiple debts to the office regarding the same debtor, the center shall collect the first referred debt before proceeding to the collection of the subsequent referred debt in the order referred.
Source:
SL 2015, ch 14, §5.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 55 - Obligation Recovery Center › Section 1-55-6 - Use during account receivable cycle.

1-55-6. Use during account receivable cycle.
The center may be used during the account receivable cycle by:
(1)Any agency of the state to collect bad debt owed to the agency;
(2)The Unified Judicial System to collect any costs, fines, fees, or restitution, constituting final debt, ordered in any adult criminal proceeding;
(3)The Board of Regents to collect any final debt owed within the Board of Regents' system;
(4)Any technical college supported by the state under §13-39A-42 to collect any final debt owed within the technical college system; and
(5)Any constitutional office to collect final debt owed to the constitutional office.
Source:
SL 2015, ch 14, §6; SL 2019, ch 13, §3; SL 2020, ch 61, § 33.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 55 - Obligation Recovery Center › Section 1-55-7 - Final notification to debtor by referring entity.

1-55-7. Final notification to debtor by referring entity.
Prior to transferring any debt to the center for collection, the referring entity shall provide a final notification to the debtor that the debt will be referred to the center for collection.
The final notification to the debtor may be sent by regular mail or by electronic means. The final notification shall contain all of the following:
(1)The name of the referring entity;
(2)Contact information for the referring entity;
(3)The name of the debtor;
(4)The nature of the debt;
(5)The principal amount of the debt;
(6)The total amount of the debt;
(7)A statement that the debt will not be turned over for collection to the center until a time at least fourteen days after the date the final notification is sent to the debtor; and
(8)A statement that if the debt is turned over to the center, a cost recovery fee of twenty percent of the principal, in the amount of $ ______, will be added to the total debt owed by the debtor to the referring entity.
Source:
SL 2015, ch 14, §7.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 55 - Obligation Recovery Center › Section 1-55-8 - Confidentiality of records--Exceptions.

1-55-8. Confidentiality of records--Exceptions.
All data, records, and files utilized for debt collection as provided for in this chapter shall be confidential and privileged, and no person may divulge or disclose any information obtained from such records and files except in the administration and enforcement of this chapter, or as otherwise required by law. Nothing in this section prohibits the disclosure of debt information, as it relates to the administration and enforcement of this chapter, to a co-owner of a titled motor vehicle, motorcycle, or boat that is subject to subdivision 1-55-11(1).
Source:
SL 2015, ch 14, §8; SL 2021, ch 14, § 2.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 55 - Obligation Recovery Center › Section 1-55-9 - Collection and use of data.

1-55-9. Collection and use of data.
The center may collect data for purposes of collecting any debt referred to the center. Notwithstanding any law to the contrary, referring entities are authorized to transmit data to the center deemed necessary by the center to aid in the collection of the referred debt and the center may share, request, and shall receive from any state agency any data to collect any debt referred to the center. Any information provided by a referring entity or a state agency may only be used for the purpose of collecting the debts referred to the center.
Source:
SL 2015, ch 14, §9.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 55 - Obligation Recovery Center › Section 1-55-10 - Centralized electronic debt management system.

1-55-10. Centralized electronic debt management system.
The center shall establish and maintain a centralized electronic debt management system to compile the information provided by referring entities, to track the collection efforts for all debt referred to the center, to cross-reference and identify debtors for collection purposes, and to maintain all information provided or collected from all sources concerning addresses, financial records, and any other information useful to the center.
The center may designate a third party to establish and maintain the centralized electronic debt management system. Any such third party shall keep all information it obtains from any source confidential, and any employee, agent, or representative of that third party is prohibited from disclosing that information to anyone other than the center.
Source:
SL 2015, ch 14, §10.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 55 - Obligation Recovery Center › Section 1-55-11 - Licenses, registrations, and permits withheld from person owing debt referred to center.

1-55-11. Licenses, registrations, and permits withheld from person owing debt referred to center.
No person that owes a debt that is referred to the center may renew, obtain, or maintain:
(1)Any registration for any motor vehicle, motorcycle, or boat, in which the person's name appears on the title of the motor vehicle, motorcycle, or boat;
(2)Any driver license as defined by subdivision 32-12-1(1); or
(3)Any hunting license, fishing license, state park permit, or camping permit;
unless the debt and cost recovery fee is either paid in full or the debtor has entered into a payment plan with the center and payment pursuant to the plan is current.
The Department of Revenue shall notify a person who is a co-owner of a motor vehicle, motorcycle, or boat described in subdivision (1), that the person's registration has been affected by the debt referred to the center. The notification shall be by United States mail.
Source:
SL 2015, ch 14, §11; SL 2021, ch 14, § 3.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 55 - Obligation Recovery Center › Section 1-55-12 - Hearing on debt determination dispute--Written request--Temporary license, registration, or permit.

1-55-12. Hearing on debt determination dispute--Written request--Temporary license, registration, or permit.
No agency, board, or entity of the State of South Dakota may issue, renew, or allow an individual to maintain any motor vehicle, motorcycle, or boat registration, driver license, hunting license, fishing license, state park permit, or camping permit, after receiving notice from the center that the applicant, registrant, or licensee has a debt that is being collected by the center, unless the applicant, registrant, or licensee has paid the debt and cost recovery fee in full or the debtor has entered into a payment plan with the center and payment pursuant to the plan is current.
An applicant, registrant, or licensee who disputes a determination by the center that the applicant, registrant, or licensee has a debt that has been referred to the center for collection may, in writing, request an administrative hearing before the Office of Hearing Examiners, conducted pursuant to chapter 1-26. A co-owner of a titled motor vehicle, motorcycle, or boat that is described in subdivision 1-55-11(1) may request an administrative hearing before the Office of Hearing Examiners, conducted pursuant to chapter 1-26, on the sole issue of whether the co-owner or the debtor is a titled owner of the motor vehicle, motorcycle, or boat.
A written request for an administrative hearing must be received by the center within fourteen days from the date notice is sent pursuant to § 1-55-11. No court shall have jurisdiction if a written request for an administrative hearing is not received by the center within the time prescribed. For purposes of this section, if a written request for an administrative hearing is sent by United States mail, the date of the postmark placed by the United States postal service shall be considered the date received by the center.
Upon recommendation by the center, the agency or entity may issue a temporary license, registration, certification, or permit to the applicant, registrant, or licensee pending final resolution of the administrative hearing.
Source:
SL 2015, ch 14, §12; SL 2021, ch 14, § 4.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 55 - Obligation Recovery Center › Section 1-55-13 - Payments due debtor subject to offset against debt referred to center.

1-55-13. Payments due debtor subject to offset against debt referred to center.
Unless preempted by other law, any payment of any kind to be made to a debtor by the State of South Dakota or any referring entity, when the debtor has a debt that is referred to the center, is subject to offset by the center unless the debt and cost recovery fee is either paid in full or the debtor has entered into a payment plan with the center and payment pursuant to the plan is current.
Source:
SL 2015, ch 14, §13.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 55 - Obligation Recovery Center › Section 1-55-14 - Referral of debt to debt collection agency.

1-55-14. Referral of debt to debt collection agency.
If the center is unable to collect any debt referred to it within the account receivable cycle, the center shall forward the debt to a collection agency or agencies for collection for a period of no less than one year, or as otherwise stipulated in the contract between the center and the collection agency. The debt collection agency shall be permitted to add a collection charge, not to exceed twenty percent of the debt, to the debt forwarded to the collection agency as payment for its collection services. The center or a collection agency may retain debt beyond the account receivable cycle or other applicable collection period if the entity is actively engaged in substantive collection efforts, or based on other good cause. The Bureau of Administration shall promulgate rules pursuant to chapter 1-26 concerning the process of contracting with and referring debt to debt collection agencies.
Source:
SL 2015, ch 14, §14.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 55 - Obligation Recovery Center › Section 1-55-15 - Promulgation of rules.

1-55-15. Promulgation of rules.
The Bureau of Administration may promulgate rules, pursuant to chapter 1-26, in the following areas:
(1)Definitions;
(2)Procedure for remitting moneys collected to referring entities;
(3)Processes and procedures for entering into payment agreements with debtors;
(4)A process for the imposition of the cost recovery fee;
(5)The data collection system;
(6)The centralized electronic debt management system;
(7)The settlement authority process;
(8)The procedure for sending information to the Division of Motor Vehicles concerning the nonrenewal of registrations for motor vehicles, motorcycles, and boats;
(9)The procedure for sending information to the Department of Public Safety concerning the nonrenewal of driver licenses;
(10)The procedure for sending information to the Department of Game, Fish and Parks concerning the nonissuance of hunting licenses, fishing licenses, state park permits, and camping permits; and
(11)The setoff of debt process.
Source:
SL 2015, ch 14, §15.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 55 - Obligation Recovery Center › Section 1-55-16 - Annual report to Government Operations and Audit Committee.

1-55-16. Annual report to Government Operations and Audit Committee.
The center shall annually report after conclusion of the prior fiscal year to the Government Operations and Audit Committee concerning the activity of the center including the number of debts referred to the entity, the annual amount and nature of the debt obligations recovered by the center, the number of debts referred from the center to private collection agencies and the results of those referrals, and the costs and expenditures incurred by the center.
Source:
SL 2015, ch 14, §16.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 56 - State Board Of Internal Control › Section 1-56-1 - Definitions .

1-56-1. Definitions.
Terms used in this chapter mean:
(1)"Board," the State Board of Internal Control;
(2)"Code of conduct," a set of ethical principles and guidelines that constitutes appropriate behavior within an organization;
(3)"Internal control," a process that integrates the plans, activities, policies, attitudes, procedures, systems, resources, and efforts of an organization and that is designed to provide reasonable assurance that the organization will achieve its objectives and missions and to detect and prevent financial malfeasance;
(4)"Pass-through grant," a grant awarded by a federal entity to the state entity and transferred or passed to a sub-recipient by the state;
(5)"State agency," the Legislature, any constitutional officer, the Unified Judicial System, and any department, division, bureau, board, commission, committee, authority, or agency of the State of South Dakota;
(6)"Sub-recipient," an entity that expends a pass-through grant.
Source:
SL 2016, ch 16, §1, eff. Mar. 16, 2016.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 56 - State Board Of Internal Control › Section 1-56-2 - State Board of Internal Control created--Membership--Quorum.

1-56-2. State Board of Internal Control created--Membership--Quorum.
There is hereby created a State Board of Internal Control that consists of seven members. Three members shall represent state agencies under control of the Governor and shall be appointed by the Governor. Each member appointed by the Governor shall serve a three-year term. However, the initial appointments shall be for staggered terms. The remaining members shall be the commissioner of the Bureau of Finance and Management, the state auditor, a Board of Regents administrator's designee, and a member appointed by the Chief Justice of the Supreme Court. Any four of the seven members constitutes a quorum. The commissioner of the Bureau of Finance and Management shall be chair of the board.
Source:
SL 2016, ch 16, §2, eff. Mar. 16, 2016.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 56 - State Board Of Internal Control › Section 1-56-3 - Promulgation of rules.

1-56-3. Promulgation of rules.
The board may promulgate rules, pursuant to chapter 1-26, to implement a system of internal control in accordance with internal control standards.
Source:
SL 2016, ch 16, §3, eff. Mar. 16, 2016.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 56 - State Board Of Internal Control › Section 1-56-4 - Meetings of board--Record of proceedings .

1-56-4. Meetings of board--Record of proceedings.
The board shall meet monthly for the first twelve months, and shall meet at least quarterly after the first year. A record of the proceedings of the board shall be kept pursuant to §1-25-3.
Source:
SL 2016, ch 16, §4, eff. Mar. 16, 2016.
2023 South Dakota Codified Laws › Title 1 - State Affairs and Government › Chapter 56 - State Board Of Internal Control › Section 1-56-5 - Bureau of Finance and Management to provide administrative support.

1-56-5. Bureau of Finance and Management to provide administrative support.
The Bureau of Finance and Management shall provide administrative support to the board. If necessary, the board shall seek the advice of the auditor-general.
Source:
SL 2016, ch 16, §5, eff. Mar. 16, 2016.