reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 05 - Official Bonds › Section 3-5-1 - Bonds of state officers and employees--Approval, recording, and safekeeping.

3-5-1. Bonds of state officers and employees--Approval, recording, and safekeeping.
The bonds of all state officers, appointees of the Governor or employees of the state, required to give bonds, shall be given to the State of South Dakota, and shall be approved by the Governor as to sufficiency and by the attorney general as to form, except that the form of the attorney general's bond shall be approved by one of the justices of the Supreme Court, and all such bonds when so approved, shall be recorded in the Office of the Secretary of State in a book to be known as the "Bond Record" and when such bonds have been recorded the secretary of state shall immediately deliver same to the auditor-general for safekeeping in the State Department of Legislative Audit, who shall index the same alphabetically and file numerically, except the bond of the auditor-general and his employees, which shall be delivered to the state auditor and kept on file in his office. The state auditor's and auditor-general's receipts for said bonds shall be filed with the secretary of state.
Source:
CL 1887, §1373; SL 1895, ch 147, §1; RPolC 1903, §1790; SL 1913, ch 283; RC 1919, §7026; SL 1919, ch 285; SDC 1939, §48.0303; SL 1955, ch 222.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 05 - Official Bonds › Section 3-5-2 - Bonds of county officers--Approval and filing.

3-5-2. Bonds of county officers--Approval and filing.
The bonds of all county officers shall be approved by the board of county commissioners, except bonds of the county commissioners, which shall be approved by the auditor, and shall, together with the oaths of office be filed in the office of the county auditor.
Source:
CL 1887, §1373; SL 1895, ch 147, §1; RPolC 1903, §1790; SL 1913, ch 283; RC 1919, §7026; SL 1919, ch 285; SDC 1939, §48.0303; SL 1955, ch 222, §1; SL 1974, ch 55, §4.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 05 - Official Bonds › Section 3-5-3 - Amount of bonds.

3-5-3. Amount of bonds.
The bond of the state auditor shall be in the penal sum of ten thousand dollars, of the state treasurer in the penal sum of five hundred thousand dollars, of the secretary of state in the penal sum of five thousand dollars, of the commissioner of school and public lands in the penal sum of twenty thousand dollars, of the attorney general in the penal sum of three thousand dollars, of county commissioners in the penal sum of one thousand dollars, of the state's attorney in the penal sum of one thousand dollars; the bonds of registers of deeds, county auditors, sheriffs, coroners, treasurers, and constables, whether of the county or any civil township therein, shall each be in the penal sum to be fixed by the board of county commissioners in each county; but that of the county auditor shall not be in a less penal sum than two thousand dollars, and that of the county treasurer shall not be in a less penal sum than four thousand dollars, except when the total amount of taxes to be by him collected in any year is less than two thousand dollars, and then in double the amount of taxes to be by him collected. In no case shall the bond of the county treasurer be less than the sum of one thousand dollars; and those of constables shall not be in a less penal sum than two hundred dollars each.
Source:
CL 1887, §1374; SL 1891, ch 93, §1; RPolC 1903, §§889, 1791; SL 1903, ch 82; RC 1919, §7027; SDC 1939, §48.0304; SL 1974, ch 55, §5; SL 1975, ch 33.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 05 - Official Bonds › Section 3-5-4 - Sureties on bonds.

3-5-4. Sureties on bonds.
Every official bond shall be given with at least two sureties, and the bond of the state treasurer shall have at least four sureties, and that of the county treasurer at least three sureties.
In lieu of a bond with personal sureties a bond executed by a surety company legally authorized to transact business in this state may be approved.
Source:
PolC 1877, ch 5, §7; CL 1887, §1375; RPolC 1903, §1792; SL 1909, ch 225; RC 1919, §7028; SDC 1939, §48.0305.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 05 - Official Bonds › Section 3-5-5 - Premiums on corporate surety bonds.

3-5-5. Premiums on corporate surety bonds.
Whenever an officer, deputy, or employee of the State of South Dakota, or its subdivisions including counties, school districts, townships, municipal corporations, and all other governmental subdivisions and departments, in furnishing a bond required by law or rules or regulations of any board, or department, or governmental subdivision of this state, shall furnish a bond executed by a surety company legally authorized to transact business in this state, the state or any of its said departments or subdivisions is hereby authorized and required to pay the premium thereon out of its general funds, upon the lawful approval of said bond.
Source:
SL 1933 (SS), ch 5, §1; SDC 1939, §48.0306.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 05 - Official Bonds › Section 3-5-5.1 - Blanket or individual bonds for state officers and employees.

3-5-5.1. Blanket or individual bonds for state officers and employees.
The Bureau of Administration, with the approval and advice of the attorney general and director of the division of insurance, shall purchase a blanket bond or individual bonds, issued to the state as the insured, covering the honesty and faithful performance of all state employees, officers, members of state boards and commissions, and appointees of the Governor. The terms of bonds authorized under this section may be up to five years. If the bureau purchases a blanket bond pursuant to this section no officer or employee of the state shall be required to furnish an individual bond to qualify for office.
Source:
SL 1970, ch 22; SL 1972, ch 17; SL 1988, ch 28.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 05 - Official Bonds › Section 3-5-6 - Limitation of liability by surety.

3-5-6. Limitation of liability by surety.
Any surety on any official bond running to the state or any county, may limit his liability by inserting after his name the words "not to exceed" naming the amount to which he desires to limit his liability. Any surety may also limit its or his liability as to time by inserting in the bond a provision that it or he shall not be liable for any acts of the principal prior to the date of the bond.
Source:
SL 1907, ch 79; RC 1919, §7039; SL 1929, ch 206, §1; SDC 1939, §48.0307.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 05 - Official Bonds › Section 3-5-7 - Reelected incumbent to account for funds and property before new bond approved.

3-5-7. Reelected incumbent to account for funds and property before new bond approved.
When the incumbent of an office is reelected, his bond shall not be approved until he has produced and fully accounted for all public funds and property in his control under color of his office during the expiring term, to the person or authority to whom he should account, and the fact and date of such satisfactory exhibit shall be endorsed upon the new bond before its approval.
Source:
PolC 1877, ch 5, §13; CL 1887, §1383; RPolC 1903, §1800; RC 1919, §7037; SDC 1939, §48.0316.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 05 - Official Bonds › Section 3-5-8 - Endorsement of approval of bonds.

3-5-8. Endorsement of approval of bonds.
The approval of official bonds shall in all cases be endorsed upon the bond and signed by the officer approving, or by the chairman of the board of county commissioners.
Source:
PolC 1877, ch 5, §8; CL 1887, §1376; RPolC 1903, §1793; RC 1919, §7029; SDC 1939, §48.0308.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 05 - Official Bonds › Section 3-5-9 - Recording of bonds of county and precinct officers.

3-5-9. Recording of bonds of county and precinct officers.
The bonds of all county and precinct officers immediately after the approval of the same, shall be recorded at length in the office of the register of deeds of the county to which such bonds are given, in a book to be provided and kept for that purpose. When such bonds are so recorded they shall be forthwith filed respectively as provided in this chapter.
Source:
SL 1885, ch 120, §1; CL 1887, §1377; RPolC 1903, §1794; SL 1913, ch 283; RC 1919, §7030; SDC 1939, §48.0309.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 05 - Official Bonds › Section 3-5-11 - Bonds and oaths to cover all duties of office--Noncomplying bonds valid as to matter contained.

3-5-11. Bonds and oaths to cover all duties of office--Noncomplying bonds valid as to matter contained.
The bonds and oaths of all civil officers shall be construed to cover duties required by law subsequent to giving them. No official bond shall be void for want of compliance with the statute, but it shall be valid in law for the matter contained therein.
Source:
PolC 1877, ch 5, §12; CL 1887, §1382; RPolC 1903, §1799; RC 1919, §7036; SDC 1939, §48.0315.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 05 - Official Bonds › Section 3-5-12 - New bond or restoration of bond becoming insufficient.

3-5-12. New bond or restoration of bond becoming insufficient.
When any official bond running to the state or any county becomes insufficient for the purpose thereof, the approving authority shall require a new bond or additional surety or sureties, as shall be necessary to restore the bond to the full amount of liability required by law.
Source:
SL 1907, ch 79; RC 1919, §7039; SL 1929, ch 206, §1; SDC 1939, §48.0307.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 05 - Official Bonds › Section 3-5-13 - Bond found insufficient by county commissioners--Determination of sufficiency by circuit court.

3-5-13. Bond found insufficient by county commissioners--Determination of sufficiency by circuit court.
In case the board of county commissioners should decide that a bond presented to it is insufficient, a reasonable time, not to exceed five days, shall be allowed the officer to supply a sufficient bond, and such board may take three days to consider the approval of any bond. If such board refuse or neglect to approve the bond of any county officer or township officer elect, he may present the same to the judge of the circuit court and serve notice of a time of hearing thereof upon the board. Upon due proof of such service being made to the judge at the time therein named, he shall, unless good cause for delay appear, proceed to hear and determine the sufficiency of the bond, and may approve the same, and such approval shall be in all respects valid.
Source:
PolC 1877, ch 5, §8; CL 1887, §1376; RPolC 1903, §1793; RC 1919, §7029; SDC 1939, §48.0308.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 05 - Official Bonds › Section 3-5-14 - Local government purchase of bonds or insurance coverage for faithful performance of officials and employees.

3-5-14. Local government purchase of bonds or insurance coverage for faithful performance of officials and employees.
The governing board of any political subdivision of this state, may purchase a blanket bond, blanket crime coverage, an insurance policy, or an individual bond, issued to the political subdivision as the insured, covering the faithful performance of each officer, member, and employee. If the governing board purchases a blanket bond, blanket crime coverage, or an insurance policy that is equal to or exceeds the individual bond requirements established in law, no officer, member, and employee of the political subdivision is required to furnish an individual bond to qualify for office. Blanket coverage may not be less than the total coverage of all individual bonds purchased for the year prior to January 1, 2015.
Source:
SL 2015, ch 23, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-2 - Human resources functions of bureau--Delegation.

3-6C-2. Human resources functions of bureau--Delegation.
The bureau shall perform human resource functions for the following agencies:
(1)Board of Regents;
(2)Board of Trustees of the South Dakota Retirement System; and
(3)All other state departments, bureaus, divisions, boards, and commissions of the executive branch.
The bureau may delegate human resource functions to either the Board of Regents or the Board of Trustees of the South Dakota Retirement System through agreements entered into pursuant to chapter 1-24.
Source:
SL 2012, ch 23, §13; SL 2019, ch 21, §2.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-3 - Temporary, patient, and student employees' holiday compensation.

3-6C-3. Temporary, patient, and student employees' holiday compensation.
A temporary, patient, or student employee, as defined by rules promulgated by the commission pursuant to chapter 1-26, may not receive any compensation for any holiday as defined in §1-5-1. However, the employee shall be compensated for any hours actually worked on holidays.
Source:
SL 2012, ch 23, §14; SL 2019, ch 21, §3.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-4 - Vacation leave--Accrual and accumulation--Advanced leave.

3-6C-4. Vacation leave--Accrual and accumulation--Advanced leave.
Each permanent employee shall earn up to one hundred twenty hours vacation leave per full year of employment. A permanent employee with more than fifteen years employment shall earn up to one hundred sixty hours vacation leave per full year of employment. Vacation leave shall be accrued on an hourly, biweekly, semimonthly, or monthly basis as determined by the human resources commissioner. Vacation leave is cumulative only to the extent of that which may be earned in a period of time not exceeding two years of regular and continuous state employment. Vacation leave may not be advanced to an employee at any time.
Source:
SL 2012, ch 23, §15; SL 2019, ch 21, §4; SL 2020, ch 17, § 1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-6 - Vacation on retirement or resignation--Lump-sum payment option--Payment upon death.

3-6C-6. Vacation on retirement or resignation--Lump-sum payment option--Payment upon death.
An employee who retires or voluntarily resigns may terminate employment at the end of the employee's accrued vacation leave or receive a lump-sum payment for the unused vacation leave which has accrued as of the employee's final day on the payroll. An employee meeting the definition of a participant in subdivision 3-13A-2(7) shall have such lump-sum payment transmitted to the fund pursuant to the provisions of §3-13A-5. However, if the employee dies, payment for the accumulated vacation leave shall be paid according to §§3-8-8 to 3-8-11, inclusive.
Source:
SL 2012, ch 23, §17; SL 2019, ch 21, §6.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-7 - Sick leave--Accrual and accumulation--Medical certificate--Vacation leave used for sickness--Personal emergency leave--Promulgation of rules.

3-6C-7. Sick leave--Accrual and accumulation--Medical certificate--Vacation leave used for sickness--Personal emergency leave--Promulgation of rules.
Each permanent employee shall earn up to one hundred twelve hours sick leave per full year of employment. Sick leave shall be accrued on an hourly, biweekly, semimonthly, or monthly basis as determined by the human resources commissioner and shall accumulate without limit as to the number of hours of such accumulation. The use of sick leave shall be supported by a medical certificate upon the request of the human resources commissioner. An employee is not entitled to more than the employee's accrued sick leave without first using all of the employee's accumulated vacation leave.
The commission, pursuant to chapter 1-26, shall promulgate rules to implement this provision.
Adoption of a child by an employee is treated as natural childbirth for leave purposes.
Source:
SL 2012, ch 23, §18; SL 2019, ch 21, §7; SL 2020, ch 17, § 3.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-7.1 - Paid family leave.

3-6C-7.1  .  Paid family leave.
Each permanent employee who has been employed by the state for a continuous period of six months is entitled to paid family leave following the birth of a child or placement of a child for adoption.
Source:  SL 2020, ch 17, § 4.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-8 - Accrual of leave while receiving workers' compensation.

3-6C-8. Accrual of leave while receiving workers' compensation.
A permanent employee may accrue vacation leave, but not sick leave, while receiving workers' compensation under §62-4-3.
Source:
SL 2012, ch 23, §19; SL 2019, ch 21, §8.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-9 - Advanced sick leave.

3-6C-9. Advanced sick leave.
Sick leave may be advanced to a permanent employee who has been in regular continuous employment of the state for at least one full year if the employee has used all of the employee's accrued vacation and sick leave. If an employee receives advanced sick leave, any subsequent sick leave accrued by the employee shall be credited against the employee's negative sick leave balance until the advanced sick leave is repaid. The employee's advanced negative sick leave balance may not exceed two hundred twenty-eight hours. Advanced sick leave is within the discretion of the bureau under rules promulgated by the commission pursuant to chapter 1-26, and is authorized only if the bureau's consent has first been obtained.
Source:
SL 2012, ch 23, §20; SL 2019, ch 21, §9.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-10 - Workers' compensation not payable while on vacation or sick leave.

3-6C-10. Workers' compensation not payable while on vacation or sick leave.
An employee may not be compensated under §62-4-3 for a period for which the employee has also received sick pay authorized by §3-6C-7 or 3-6C-9 or vacation pay authorized by §3-6C-4. Nothing in this section limits any other compensation or benefits due to an employee under Title 62.
Source:
SL 2012, ch 23, §21; SL 2019, ch 21, §10.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-11 - Use of sick pay or vacation pay to supplement workers' compensation.

3-6C-11. Use of sick pay or vacation pay to supplement workers' compensation.
If an injured permanent employee's workers' compensation benefits are not equal to the employee's salary, the employee may, notwithstanding any provision in §3-6C-10, use paid sick or vacation leave in an amount necessary to make up the difference between the employee's salary and the workers' compensation benefits.
Source:
SL 2012, ch 23, §22; SL 2019, ch 21, §11.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-12 - Payment for accrued unused sick leave on termination of employment.

3-6C-12. Payment for accrued unused sick leave on termination of employment.
A permanent employee, who has been continuously employed in a permanent position for at least seven years prior to the date of the employee's retirement, voluntary resignation, layoff, termination for inability to perform job functions due to physical disability, or death, shall receive payment for one-fourth of the unused sick leave which has accrued as of the employee's final day on payroll. The payment may not exceed the sum of four hundred eighty hours. Payment shall be made in a lump sum with the employee's last payroll warrant. An employee meeting the definition of a participant in subdivision 3-13A-2(7) shall have the lump-sum payment transmitted to the fund pursuant to the provisions of §3-13A-5. However, if the employee dies, payment for the accumulated sick leave shall be paid in accordance with §§3-8-8 to 3-8-11, inclusive.
Source:
SL 2012, ch 23, §23; SL 2019, ch 21, §12.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-13 - Donation of accrued vested leave to another employee--Approval by bureau.

3-6C-13. Donation of accrued vested leave to another employee--Approval by bureau.
A permanent employee may donate accrued vested leave to another permanent employee who has exhausted all accrued vacation and sick leave and who meets one of the following criteria:
(1)The recipient employee is terminally ill and the employee's condition does not allow a return to work; or
(2)The recipient employee is suffering from an acutely life threatening illness or injury which has been certified by a licensed physician as having a significant likelihood of terminating fatally and the employee's physical condition does not allow a return to work for a period of at least ninety consecutive days.
The recipient employee may not receive donated leave once the employee is able to return to work or is approved for disability benefits provided for in §3-12C-803 or any other public disability benefits.
The donation of accrued vested leave may not exceed two thousand eighty hours per recipient employee as defined in subdivision (1) of this section or one thousand forty hours per illness or injury for a recipient employee as defined in subdivision (2) of this section, not to exceed two thousand eighty hours per recipient. The donation shall be approved by the bureau under rules promulgated by the commission pursuant to chapter 1-26, including number of hours to be donated, confidentiality of a donation, definition of terminally ill, definition of life threatening illness or injury, criteria for determining employee eligibility to receive or donate leave, coordination of leave donation with disability and other public benefits and in compliance with the provisions of §3-6C-12, and procedures for approval of the donation.
Source:
SL 2012, ch 23, §24; SL 2019, ch 21, §13.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-14 - Restrictions on donation of leave.

3-6C-14. Restrictions on donation of leave.
Any donation of leave pursuant to §3-6C-13 or 3-6C-15 may be restricted as follows:
(1)The donating employee may only donate leave to an employee who is at the same or lower pay grade as the donating employee; and
(2)The donation may be denied based upon funding considerations within the agency, at the discretion of the human resources commissioner.
Source:
SL 2012, ch 23, §25; SL 2019, ch 21, §14.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-15 - Donation of vacation leave to recipient caring for terminally ill family member--Approval by bureau.

3-6C-15. Donation of vacation leave to recipient caring for terminally ill family member--Approval by bureau.
A permanent employee may donate accrued vested vacation leave to another permanent employee who meets all of the following criteria:
(1)The recipient employee will use the donated leave to care for the recipient employee's spouse, child, or parent who is terminally ill;
(2)The recipient employee's spouse, child, or parent is suffering from an acutely life threatening illness or injury which has been certified by a licensed physician as having a significant likelihood of terminating fatally; and
(3)The recipient employee has exhausted all accrued vacation and sick leave.
The total paid leave, including the donated vacation leave pursuant to this section, may not exceed twelve weeks annually per recipient employee. The donation shall be approved by the bureau under rules promulgated pursuant to chapter 1-26 by the commission, including number of hours to be donated, confidentiality of a donation, definition of terminally ill, definition of life threatening illness or injury, criteria for determining employee eligibility to receive or donate leave and for prorating donated leave for part-time employees, and procedures for approval of the donation. Any donation shall be in compliance with the provisions of §3-6C-4.
Source:
SL 2012, ch 23, §26; SL 2019, ch 21, §15; SL 2020, ch 17, § 5.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-17 - Leave of absence without pay.

3-6C-17. Leave of absence without pay.
The provisions of §§3-6C-4 to 3-6C-16, inclusive, do not prohibit the taking of leave of absence for vacation or sickness without pay if the leave of absence is authorized and approved by the board, commission, agency, department, office, or officer employing the employee, pursuant to rules promulgated pursuant to chapter 1-26 by the human resources commissioner.
Source:
SL 2012, ch 23, §28; SL 2019, ch 21, §17.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-18 - Leave and other benefits--Promulgation of rules.

3-6C-18. Leave and other benefits--Promulgation of rules.
The commission may, pursuant to chapter 1-26, promulgate rules to further define and administer the types of leave permitted to be taken as sick leave, vacation leave, paid family leave, and leave of absence, including the following: child care, jury duty, military service, maternity, and education and other fringe benefits.
Source:
SL 2012, ch 23, §29; SL 2019, ch 21, §18; SL 2020, ch 17, § 6.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-19 - Freedom of speech of officers and employees--Restrictive rules prohibited.

3-6C-19. Freedom of speech of officers and employees--Restrictive rules prohibited.
It is the policy of the State of South Dakota that citizens of this state and of the United States may not be deprived of their freedom of speech guaranteed them by the constitutions of the United States of America and of the State of South Dakota, by reason of the fact that they are state officers and employees. No state agency may pass a rule restricting or prohibiting the constitutionally guaranteed right of its employees and officers to express their opinions.
Source:
SL 2012, ch 23, §30.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-20 - Holiday benefit eligibility.

3-6C-20. Holiday benefit eligibility.
Holidays, other than Sundays, enumerated in §1-5-1, are a benefit for permanent employees including those who are not scheduled to work the day on which a holiday falls. A permanent employee shall receive holiday pay if the employee works at least one shift or is on approved paid leave during the calendar week in which the holiday falls. Part-time permanent employees shall receive prorated holiday pay. For payroll and leave purposes, a holiday on which an employee does not work is no more than eight hours long. When an hourly employee must work on the date a holiday is observed, the holiday pay is the greater of either eight hours or the total hours worked. Holiday pay for an hourly, permanent, part-time employee who must work on the date a holiday is observed is the greater of either the prorated amount or total hours worked.
Source: SL 2012, ch 23, §31; SL 2019, ch 21, §19; SL 2022, ch 12, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-21 - Leave from work for American Red Cross disaster service volunteers.

3-6C-21. Leave from work for American Red Cross disaster service volunteers.
A permanent employee who is a certified disaster service volunteer of the American Red Cross may be granted leave from work with pay not to exceed ten days in any one calendar year to participate in disaster relief services for the American Red Cross during a State of South Dakota declared disaster, upon the request of the American Red Cross for the services of the employee and upon approval of that employee's appointing authority. However, an employee who is needed by the employee's appointing authority to perform job-related disaster services may not be granted this leave. The appointing authority shall compensate an employee granted leave under this section at the employee's regular rate of pay for regular work hours during which the employee is absent from work.
Source:
SL 2012, ch 23, §32; SL 2019, ch 21, §20.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-22 - Disaster service not to affect other benefits.

3-6C-22. Disaster service not to affect other benefits.
Any absence approved pursuant to §3-6C-21 for disaster service volunteers does not affect a permanent employee's right to receive normal vacation and sick leave, bonus, advancement, and other advantages of employment.
Source:
SL 2012, ch 23, §33; SL 2019, ch 21, §21.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-23 - Appointing authority to have exclusive authority over final selection of employees.

3-6C-23. Appointing authority to have exclusive authority over final selection of employees.
Each appointing authority shall have exclusive authority to make the final selection of employees in the authority's respective department, bureau, division, and institution.
Source:
SL 2012, ch 23, §34.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-24 - Personnel records.

3-6C-24. Personnel records.
The human resources commissioner shall establish and maintain appropriate records on all employees relating to the several provisions of this chapter. The commission may promulgate rules, pursuant to chapter 1-26, to regulate the records maintained by the bureau. Any records required or maintained by the bureau, including performance appraisals, that pertain to an employee shall be available and open to inspection by the employee during normal business hours.
Source:
SL 2012, ch 23, §35; SL 2019, ch 21, §22.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-25 - Student intern preference to South Dakota residents or students.

3-6C-25. Student intern preference to South Dakota residents or students.
Preference in the selection of student interns shall be given to those students who are residents of South Dakota or attending an institution of higher education within this state.
Source:
SL 2012, ch 23, §36.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06C - State Employment General Provisions › Section 3-6C-26 - Executive branch employees--Access to confidential information--Criminal background checks--Promulgation of rules.

3-6C-26. Executive branch employees--Access to confidential information--Criminal background checks--Promulgation of rules.
Each current or new executive branch employee, whose duties include access to confidential information obtained from the United States Internal Revenue Service or from an authorized secondary source, shall submit to and successfully pass a state and federal criminal background investigation. The employee shall submit to a fingerprint check by the Division of Criminal Investigation and the Federal Bureau of Investigation before being granted access to any confidential information. The appointing authority shall submit the completed fingerprint card to the Division of Criminal Investigation. In addition to the initial criminal background investigation, each employee shall submit to a criminal background investigation every five years thereafter. The human resources commissioner may promulgate rules, pursuant to chapter 1-26, to establish policies for exempt employees concerning the procedure for submitting fingerprints and completing the criminal background investigation. The commission may promulgate rules, pursuant to chapter 1-26, to establish policies for civil service employees concerning the procedure for submitting fingerprints and completing the criminal background investigation.
The appointing authority may pay any fee charged for the cost of fingerprinting or the criminal background investigation for any person whose employment is subject to the requirements of this section.
Source:
SL 2017, ch 24, §1; SL 2020, ch 16, § 1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-1 - Civil Service Commission--Members--Appointment--Terms--Vacancies.

3-6D-1. Civil Service Commission--Members--Appointment--Terms--Vacancies.
There is hereby created a Civil Service Commission. The commission consists of seven members, not all of whom may be of the same political party. Three of the members shall be experienced in law enforcement. The Governor shall appoint each member for a term of four years, beginning on the first day of July. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term.
Source:
SL 2012, ch 23, §38; SL 2019, ch 21, §23.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-2 - Removal of commission member--Procedure.

3-6D-2. Removal of commission member--Procedure.
A member of the commission may be removed by the Governor only for cause after being given a copy of the charges and an opportunity to be heard publicly on the charges before the Governor. A copy of the charges and a transcript of the record of the hearing shall be filed with the secretary of state.
Source:
SL 2012, ch 23, §39; SL 2019, ch 21, §24.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-3 - Meetings--Chair--Quorum--Law enforcement officer discipline.

3-6D-3. Meetings--Chair--Quorum--Law enforcement officer discipline.
The commission shall hold meetings as necessary to carry out its duties under this chapter. The commission shall elect one of its members as chair at the first meeting in each year. Four members shall constitute a quorum for the conduct of business. If the subject of any meeting is the discipline of any law enforcement officer, at least two of the members of the commission in attendance shall be experienced in law enforcement.
Source:
SL 2012, ch 23, §40; SL 2019, ch 21, §25.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-4 - Employees covered by chapter--Exemptions.

3-6D-4. Employees covered by chapter--Exemptions.
This chapter applies to all executive branch employees of state government, but excluding:
(1)Elected officers and all employees in the offices of the secretary of state, state treasurer, state auditor, commissioner of school and public lands, and public utilities commission;
(2)The members of boards and commissions;
(3)Department secretaries, bureau commissioners, division directors, deputy secretaries, deputy bureau commissioners, deputy division directors, and supervisors who determine and publicly advocate substantive program policy, attorneys, physicians, confidential assistants to exempt employees and other directors or administrative policy-making positions of executive branch institutions, commissions, boards and agencies;
(4)All positions in the Office of the Governor and Bureau of Finance and Management;
(5)Presidents, deans, administrative and policy-making positions, student health service physicians, teaching and professional research positions under the jurisdiction of the State Board of Regents and other directors or administrative policy-making positions of such institutions as determined by the human resources commissioner;
(6)Teachers of the several institutions under the jurisdiction of the executive branch;
(7)A person hired to fill the position of an employee who is deployed or activated under circumstances requiring reinstatement under the Uniform Services Employment and Reemployment Rights Act, 38 U.S.C. §4301 as in effect January 1, 2012;
(8)Patients who are employed by state institutions under the executive branch;
(9)Temporary employees and interns; and
(10)The attorney general and all employees within its office except certified law enforcement officers within the division of criminal investigation.
The commission may promulgate rules, pursuant to chapter 1-26, that establish criteria to implement this section for exemptions from the civil service. The human resources commissioner may determine which positions are eligible for exemption under the provisions of this chapter. Any decision of the human resources commissioner relating to exemptions from the civil service may be appealed to the commission pursuant to chapter 1-26.
Source:
SL 2012, ch 23, §41; SL 2019, ch 21, §26.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-5 - Protections for applicants and employees.

3-6D-5. Protections for applicants and employees.
Each civil service applicant and civil service employee shall be accorded the following protections:
(1)Discrimination on the basis of political affiliation in regard to the hiring, promotion, termination, or any other tangible employment action relating to a civil service employee is prohibited;
(2)A civil service employee may not be required to participate in partisan political activities;
(3)A civil service employee may not be obliged, by reason of that employment, to contribute to any political funds or collections or render political service. A civil service employee refusing to contribute funds or to render that political service may not be removed or otherwise disciplined or prejudiced for the refusal;
(4)A civil service employee retains the right of free speech;
(5)A civil service employee may not be disciplined for the reporting of any violation of state or federal law to any local, state or federal authority;
(6)A civil service employee has the right to obtain a copy of the employee's personnel file or any other pertinent data that directly relates to the employee held in the state's files. The cost of the copy shall be borne by the employee;
(7)Prior to any disciplinary action, a civil service employee shall be given verbal or written notice and an opportunity to present reasons, either in person or in writing, why the proposed action should not be taken; and
(8)Other rights and protections as enumerated by state or federal statute or rule.
Source:
SL 2012, ch 23, §42; SL 2019, ch 21, §27.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-6 - Merit standards for personnel management actions.

3-6D-6. Merit standards for personnel management actions.
Any personnel management actions taken under the provisions of this chapter shall comply with merit standards as follows:
(1)Recruiting, selecting, and advancing civil service employees through open consideration of qualified applicants for initial appointments and promotions. Selection of qualified applicants is based on relative ability, knowledge, and skills;
(2)Providing equitable and adequate compensation;
(3)Training civil service employees to assure high quality performance;
(4)Retaining civil service employees based on performance, correcting inadequate performance, and separating employees whose performance cannot be improved; and
(5)Assuring fair treatment without regard to age, political affiliation, race, color, national origin, sex, or religious creed.
Source:
SL 2012, ch 23, §43; SL 2019, ch 21, §28.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-7 - Promulgation of rules regarding recruitment, examination, selection, and promotion.

3-6D-7. Promulgation of rules regarding recruitment, examination, selection, and promotion.
The commission shall promulgate rules, pursuant to chapter 1-26, in the areas of recruitment, examination, selection, and promotion of civil service employees to be administered by the human resources commissioner. Each examination shall relate to matters that will fairly test the relative capacity of the person examined to discharge the duties of the position and may include tests of physical qualifications, training and experience, written examinations, and health and, if appropriate, technical or manual skill. The human resources commissioner shall designate the times and places for each examination.
Source:
SL 2012, ch 23, §44; SL 2019, ch 21, §29.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-8 - Appointment of best qualified applicants--Eligibility lists--Misdemeanor.

3-6D-8. Appointment of best qualified applicants--Eligibility lists--Misdemeanor.
Each civil service appointment shall be made from among the best qualified persons from a list of eligible applicants. Any person who makes an appointment contrary to the provisions of this section is guilty of a Class 1 misdemeanor.
Source:
SL 2012, ch 23, §45; SL 2019, ch 21, §30.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-9 - Delegation of administrative functions to institutions and departments.

3-6D-9. Delegation of administrative functions to institutions and departments.
The human resources commissioner may delegate the administration of this chapter to state institutions and departments throughout the state. However, the human resources commissioner shall delegate to institutions under the jurisdiction of the Board of Regents the administration of recruitment, examining, and selection of employees for institutions under the jurisdiction of the Board of Regents. All delegated administrative authority shall be exercised in accordance with the provisions of this chapter and commission rules.
Source:
SL 2012, ch 23, §46; SL 2019, ch 21, §31.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-10 - Promulgation of position classification rules.

3-6D-10. Promulgation of position classification rules.
The commission shall promulgate rules, pursuant to chapter 1-26, to develop a position classification system for all positions in the civil service, based upon similarity of duties performed and responsibilities assumed, so that the same qualifications and pay may reasonably be required and established for positions allocated to the same class.
Source:
SL 2012, ch 23, §47; SL 2019, ch 21, §32.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-11 - Promulgation of pay system rules.

3-6D-11. Promulgation of pay system rules.
The commission shall promulgate rules, pursuant to chapter 1-26, to develop a statewide pay system which assures the principle of equal pay for equal work applying to positions existing in the civil service.
Source:
SL 2012, ch 23, §48; SL 2019, ch 21, §33.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-12 - Payroll approval.

3-6D-12. Payroll approval.
The human resources commissioner shall approve the payroll for all departments and institutions of the executive branch to ensure compliance with this chapter and chapter 3-6C.
Source:
SL 2012, ch 23, §49; SL 2019, ch 21, §34.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-13 - Approval or rejection of labor contracts and settlements.

3-6D-13. Approval or rejection of labor contracts and settlements.
The human resources commissioner shall give final approval or rejection to all negotiated labor contracts and settlements for civil service employees based on compliance with this chapter and commission rules.
Source:
SL 2012, ch 23, §50; SL 2019, ch 21, §35.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-14 - Promulgation of rules governing discipline, conditions of work, and grievance procedures.

3-6D-14. Promulgation of rules governing discipline, conditions of work, and grievance procedures.
The commission shall promulgate rules, pursuant to chapter 1-26, governing civil service employees in matters of discipline, retirement, standards of conduct, adverse actions, political activity in employment, hours of work, equal opportunity, complaints, grievances and appeals to the commission, and reductions in force due to nondisciplinary reasons.
Source:
SL 2012, ch 23, §51; SL 2019, ch 21, §36.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-15 - Grievances--Hearing--Notice--Summary disposition.

3-6D-15. Grievances--Hearing--Notice--Summary disposition.
If a grievance remains unresolved after exhaustion of an agency grievance procedure, a civil service employee may demand a hearing before the commission as provided for in contested cases in chapter 1-26. The proceedings shall be held as provided in chapter 1-26. The commission shall provide notice of the hearing within thirty calendar days of an employee's request for a hearing. The commission shall conduct a hearing within thirty calendar days of the notice of the hearing unless the hearing is continued for good cause or unless the commission determines, upon the motion of any party, that the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that a grievance, defense, or claim presents no genuine issue as to any material fact and a party is entitled to a judgment as a matter of law. The commission, upon the motion of any party, may dispose of any grievance, defense, or claim at the close of the evidence offered by the proponent of the grievance, defense, or claim if the commission determines that the evidence offered by the proponent of the grievance, defense, or claim is legally insufficient to sustain the grievance, defense, or claim. The human resources commissioner shall schedule the hearing to ensure compliance with the time frames provided in this section. If the grievant agrees, the commissioner may appoint a hearing examiner as authorized in §1-26-18.3.
Any final action or decision may be appealed pursuant to chapter 1-26.
Source:
SL 2012, ch 23, §52; SL 2018, ch 12, §4; SL 2019, ch 21, §37.