reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-16 - Good cause for employee discipline--Order upholding or reversing agency decision.

3-6D-16. Good cause for employee discipline--Order upholding or reversing agency decision.
In resolving grievances involving the discipline of a civil service employee, the commission shall determine and decide whether the action was made for good cause. If the commission finds that the action was made for good cause, the commission shall enter an order upholding the decision of the agency disciplining the employee. If, however, the commission finds that the action was made without good cause, the commission shall enter an order reversing the decision of the agency.
Source:
SL 2012, ch 23, §53; SL 2019, ch 21, §38.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-17 - Award of back pay and benefits to employees disciplined without good cause--Reinstatement--Adverse impact on budget.

3-6D-17. Award of back pay and benefits to employees disciplined without good cause--Reinstatement--Adverse impact on budget.
In resolving a grievance, the commission may reinstate a civil service employee who has been disciplined without good cause. If reinstatement is ordered by the commission, the order shall include one or more of the following forms of relief: an award of back pay, an award of back benefits, placement in the same position and location that the employee held before the discipline, or placement in a comparable position and location that the employee held before the discipline. Any award of back pay and benefits shall include the employer's contribution pursuant to §3-12C-401. Any award of back pay and benefits which adversely affects an agency's budget shall be considered advisory and submitted by the affected agency to the committee created by chapter 4-8A or the next session of the Legislature.
Source:
SL 2012, ch 23, §54; SL 2012, ch 26, §16; SL 2019, ch 21, §39.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-18 - Assistance of agencies--Agency level procedures.

3-6D-18. Assistance of agencies--Agency level procedures.
Each agency shall adhere to, and assist the human resources commissioner in administering the provisions of this chapter. An agency may formulate agency level procedures within the limitations of those rules promulgated pursuant to chapter 1-26 by the commission or the human resources commissioner. The procedures shall be reviewed and approved by the human resources commissioner before implementation.
Source:
SL 2012, ch 23, §55; SL 2019, ch 21, §40.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-19 - Records of administrative costs--Billing of agencies.

3-6D-19. Records of administrative costs--Billing of agencies.
The human resources commissioner shall maintain accurate records reflecting the costs of administering the provisions of this chapter. The human resources commissioner shall summarize the cost and shall bill each department, office, institution, or bureau for a pro rata share of the administrative cost.
Source:
SL 2012, ch 23, §56; SL 2019, ch 21, §41.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-20 - Prohibited conduct by applicants--Misdemeanor.

3-6D-20. Prohibited conduct by applicants--Misdemeanor.
An applicant for a civil service position may not:
(1)Directly or indirectly give, render, or pay, or promise to give, render, or pay any money, service, or other thing to any person, for or on account of, or in connection with an examination, appointment, or proposed appointment; or
(2)Submit, with the intent to deceive, any false application, credential, test, or examination to a hiring authority for the purpose of obtaining any appointment or proposed appointment or promotion.
A violation of this section is a Class 1 misdemeanor.
Source:
SL 2012, ch 23, §57; SL 2019, ch 21, §42.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-21 - Interference with rights under chapter--Secret information--Misdemeanor.

3-6D-21. Interference with rights under chapter--Secret information--Misdemeanor.
An employee of the bureau or any other person may not defeat, deceive, or obstruct any person's right to examination, eligibility, certification, or appointment pursuant to this chapter, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the civil service. A violation of this section is a Class 1 misdemeanor.
Source:
SL 2012, ch 23, §58; SL 2019, ch 21, §43.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-22 - Grievance for retaliation against whistleblower.

3-6D-22. Grievance for retaliation against whistleblower.
A civil service employee may file a grievance with the commission if the employee believes that there has been retaliation because of reporting a violation of state law through the chain of command of the employee's agency, to the attorney general's office, the State Government Accountability Board, or because the employee has filed a suggestion pursuant to this section.
Source:
SL 2012, ch 23, §59; SL 2017, ch 32, §12; SL 2019, ch 21, §44.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-23 - Probationary period--Dismissal without cause .

3-6D-23. Probationary period--Dismissal without cause.
A person upon accepting civil service employment with any agency covered by this chapter shall be placed on a probationary period. For a law enforcement officer, the probationary period shall be twelve months. For all other civil service employment, the probationary period shall be six months. During this time the person may be dismissed without cause.
Source:
SL 2012, ch 23, §60.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-24 - Records on law enforcement employees.

3-6D-24. Records on law enforcement employees.
The director of the Division of Criminal Investigation shall establish and maintain records on law enforcement employees within the Division of Criminal Investigation relating to the provisions of this chapter.
Source:
SL 2012, ch 23, §61.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06D - State Civil Service › Section 3-6D-25 - Government Operations and Audit Committee to investigate matters referred by Division of Criminal Investigation.

3-6D-25. Government Operations and Audit Committee to investigate matters referred by Division of Criminal Investigation.
The Government Operations and Audit Committee shall review and investigate any matter referred to the committee by the Division of Criminal Investigation and may recommend appropriate action. The committee shall promptly notify the subject of the affidavit and resolve the matter in a reasonable time.
Source:
SL 2017, ch 73, §5.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06E - State Employees Health And Life Insurance › Section 3-6E-1 - Benefits plan for employees--Self-funded or group health insurance--Flexible benefit plan.

3-6E-1. Benefits plan for employees--Self-funded or group health insurance--Flexible benefit plan.
The bureau may establish a benefits plan for plan-eligible employees of the state. The plan may either be self-funded or established as a group health insurance program. The plan may provide for group health coverage against the financial cost of hospital, surgical, pharmacy, and medical treatment and care, and any other coverage or benefits the human resources commissioner determines is appropriate and desirable. The human resources commissioner may include a flexible benefit plan which allows an employee to choose the employee's own benefits or levels of coverage.
Source:
SL 2012, ch 23, §63; SL 2019, ch 21, §45.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06E - State Employees Health And Life Insurance › Section 3-6E-2 - Self-funded plan.

3-6E-2. Self-funded plan.
The human resources commissioner may provide all, or any part of, the benefits under the plan or plans provided pursuant to this chapter by means of a plan which is self-funded in whole or in part.
Source:
SL 2012, ch 23, §64; SL 2019, ch 21, §46.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06E - State Employees Health And Life Insurance › Section 3-6E-3 - Reinsurance.

3-6E-3. Reinsurance.
The human resources commissioner may authorize the purchase of reinsurance to cover against losses incurred by the plan.
Source:
SL 2012, ch 23, §65; SL 2019, ch 21, §47.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06E - State Employees Health And Life Insurance › Section 3-6E-4 - Enrollment of all eligible employees--Exception.

3-6E-4. Enrollment of all eligible employees--Exception.
Each plan-eligible employee shall be enrolled in the plan unless the employee is covered by another group health plan or is covered by Medicare and the employee provides notice to the plan administrator.
Source:
SL 2012, ch 23, § 66; SL 2019, ch 21, § 48; SL 2020, ch 18, § 1, eff. Mar. 2, 2020.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06E - State Employees Health And Life Insurance › Section 3-6E-5 - Effective date of enrollment.

3-6E-5. Effective date of enrollment.
Each plan-eligible employee shall be enrolled in the plan on the effective dates established by the human resources commissioner.
Source:
SL 2012, ch 23, §67; SL 2019, ch 21, §49.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06E - State Employees Health And Life Insurance › Section 3-6E-6 - Coverage of eligible dependents.

3-6E-6. Coverage of eligible dependents.
A plan-eligible employee may elect to have any of the employee's eligible dependents covered by the plan. The election shall be made at the time the employee becomes enrolled in the plan, or at another time as the human resources commissioner allows.
Source:
SL 2012, ch 23, §68; SL 2019, ch 21, §50.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06E - State Employees Health And Life Insurance › Section 3-6E-8 - State contributions to health plan--Crediting and disbursement.

3-6E-8. State contributions to health plan--Crediting and disbursement.
The State of South Dakota shall either make a monthly contribution to the system or otherwise provide for the amount necessary to make payment to the system for the full single rate monthly health insurance premium or contribution for the plan with the lowest actuarial value for each plan-eligible employee. This amount shall be transmitted to the account of the state employees' benefits plan in the Office of the State Treasurer. The state treasurer, after making a record of the receipts, shall credit the plan with an amount equal to that remitted or otherwise provided. Costs beyond this amount for other plans offered by the state shall be paid by the employee through premiums. After the contribution has been assigned to the plan, the bureau shall disburse the contribution in accordance with this chapter and the rules promulgated pursuant to chapter 1-26 by the human resources commissioner.
Source:
SL 2012, ch 23, §70; SL 2019, ch 21, §52; SL 2021, ch 22, § 3.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06E - State Employees Health And Life Insurance › Section 3-6E-9 - Employee contributions to benefits plan--Crediting and disbursement.

3-6E-9. Employee contributions to benefits plan--Crediting and disbursement.
The State of South Dakota shall deduct on each payroll of a member for each payroll period the amount of the contribution or premium, including any administrative expense. The state shall make deductions from salaries of plan-eligible employees and shall transmit monthly the amount specified to be deducted to the state treasurer. The state treasurer, after making a record of receipts, shall credit the benefits plan with an amount equal to that remitted by the state. After the credit has been assigned to the benefits plan, the human resources commissioner shall disburse credit in accordance with this chapter and the rules promulgated pursuant to chapter 1-26 by the human resources commissioner.
Source:
SL 2012, ch 23, §71; SL 2019, ch 21, §53.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06E - State Employees Health And Life Insurance › Section 3-6E-11 - Certificate of benefits.

3-6E-11. Certificate of benefits.
The bureau shall make available upon request, to each member, a certificate setting forth the benefits to which the member and the member's dependents are entitled under this chapter, to whom the benefits are payable, to whom claims shall be submitted, and a summary of the provisions of the plan's benefits as they affect the member and the member's dependents.
Source:
SL 2012, ch 23, §73; SL 2019, ch 21, §55.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06E - State Employees Health And Life Insurance › Section 3-6E-12 - Persons to whom benefits payable.

3-6E-12. Persons to whom benefits payable.
Any benefits payable under the plan may be paid either directly to the attending physician, dentist, hospital, medical, or dental group, or other person, corporation, limited liability company, association, or firm furnishing the service upon which the claim is based, or to the member upon presentation of receipted bills for such service.
Source:
SL 2012, ch 23, §74; SL 2019, ch 21, §56.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06E - State Employees Health And Life Insurance › Section 3-6E-13 - Promulgation of rules regarding benefits plan.

3-6E-13. Promulgation of rules regarding benefits plan.
The human resources commissioner is responsible for the administration of this chapter and shall promulgate rules required for the effective administration of the provisions of this chapter pursuant to chapter 1-26. The rules may be promulgated in the following areas:
(1)To establish what benefits will be offered pursuant to this chapter;
(2)Participation in the plan by employees, retired employees, and dependents;
(3)Procedures for election of coverage;
(4)Effective dates of coverage if not specified by statute;
(5)Termination of coverage;
(6)Changes in dependent coverage;
(7)Collection of premiums and contributions;
(8)To coordinate the benefits plan with the health insurance plan authorized in this chapter; and
(9)Other provisions as required to meet federal law.
Source:
SL 2012, ch 23, §75; SL 2019, ch 21, §57.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06E - State Employees Health And Life Insurance › Section 3-6E-14 - State employee workers' compensation program--Crediting receipts and disbursement.

3-6E-14. State employee workers' compensation program--Crediting receipts and disbursement.
The State of South Dakota shall provide for the amount necessary to make payment to the state employee workers' compensation program for the claims of employees of the state arising under title 62. This amount shall be transmitted to the account of the state employee workers' compensation program in the Office of the State Treasurer. The state treasurer, after making a record of the receipts, shall credit the state employee workers' compensation program with an amount equal to that remitted or otherwise provided. After the contribution has been assigned to the state employee workers' compensation program, the bureau shall disburse the funds according to the provisions of title 62 and the rules promulgated by the human resources commissioner pursuant to chapter 1-26.
Source:
SL 2012, ch 23, §76; SL 2019, ch 21, §58.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06E - State Employees Health And Life Insurance › Section 3-6E-15 - State Cement Plant former employee workers' compensation claims.

3-6E-15. State Cement Plant former employee workers' compensation claims.
Responsibility for the administration and payment of workers' compensation claims of former employees of the South Dakota State Cement Plant Commission is hereby transferred to the state employee workers' compensation program.
Source:
SL 2012, ch 23, §77; SL 2019, ch 21, §59.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06E - State Employees Health And Life Insurance › Section 3-6E-16 - State contribution of workers' compensation premium--Crediting and disbursement.

3-6E-16. State contribution of workers' compensation premium--Crediting and disbursement.
The state shall contribute on each payroll for an employee for each payroll period the amount of the state employee workers' compensation program premium, including any administrative expense. The state shall transmit monthly the amount specified to be paid to the state treasurer. The state treasurer, after making a record of receipts, shall credit the state employee workers' compensation program with an amount equal to that remitted by the state. The credit shall be assigned to the state employee workers' compensation program. The human resources commissioner shall disburse the funds according to title 62 and the rules promulgated by the Department of Labor and Regulation and the commissioner pursuant to chapter 1-26.
Source:
SL 2012, ch 23, §78; SL 2019, ch 21, §60.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06E - State Employees Health And Life Insurance › Section 3-6E-17 - State employee workers' compensation program fund.

3-6E-17. State employee workers' compensation program fund.
Any funds transmitted to the Office of the State Treasurer as designated transfers to the state employee workers' compensation program shall be placed in the trust fund established by this section and entitled the state employee workers' compensation program fund. Disbursements from this fund shall be made by warrants drawn by the state auditor.
Source:
SL 2012, ch 23, §79; SL 2019, ch 21, §61.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06E - State Employees Health And Life Insurance › Section 3-6E-18 - Promulgation of rules regarding workers' compensation program.

3-6E-18. Promulgation of rules regarding workers' compensation program.
The human resources commissioner may promulgate rules, pursuant to chapter 1-26, with respect to the adjustment, administration, and management of the state employee workers' compensation program.
Source:
SL 2012, ch 23, §80; SL 2019, ch 21, §62.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06E - State Employees Health And Life Insurance › Section 3-6E-19 - State Cement Plant former employee life insurance benefits.

3-6E-19. State Cement Plant former employee life insurance benefits.
Responsibility for the administration and payment of life insurance plan benefits of former employees of the South Dakota State Cement Plant Commission is hereby transferred to the bureau.
Source:
SL 2012, ch 23, §81; SL 2019, ch 21, §63.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06F - State Employees Drug Testing › Section 3-6F-1 - Drug screening program for applicants to certain positions--Program for employees in those positions.

3-6F-1. Drug screening program for applicants to certain positions--Program for employees in those positions.
The human resources commissioner shall establish and implement a drug screening program for applicants who seek the following employment:
(1)Positions at the Human Services Center or the South Dakota Developmental Center whose primary duty includes patient or resident care or supervision;
(2)Positions at the South Dakota State Veterans' Home whose primary duty includes patient or resident care or supervision;
(3)Safety sensitive positions; and
(4)Positions in the Department of Public Safety, Wildland Fire Suppression Division whose duties include firefighting.
The human resources commissioner may also establish and implement a drug screening program for employees holding those positions based upon reasonable suspicion of illegal drug use by any employee.
Source:
SL 2012, ch 23, §83; SL 2019, ch 21, §64; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 68, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06F - State Employees Drug Testing › Section 3-6F-2 - Solicitation for employment--Notice of drug screening program requirements.

3-6F-2. Solicitation for employment--Notice of drug screening program requirements.
Any printed public announcement or advertisement soliciting applications for the positions listed in §3-6F-1 shall include a statement of the requirements of the drug screening program.
Source:
SL 2012, ch 23, §84.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06F - State Employees Drug Testing › Section 3-6F-3 - Confidentiality of results.

3-6F-3. Confidentiality of results.
Individual test results and medical information collected pursuant to this chapter are confidential. This information may be revealed only as authorized by the human resources commissioner. An applicant or employee may have access to the information or test results upon written request to the human resources commissioner.
Source:
SL 2012, ch 23, §85; SL 2019, ch 21, §65.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06F - State Employees Drug Testing › Section 3-6F-4 - Disclosure of information prohibited--Misdemeanor.

3-6F-4. Disclosure of information prohibited--Misdemeanor.
Except as provided in §3-6F-3, any person responsible for recording, reporting, or maintaining medical information required pursuant to the provisions of this chapter, who knowingly or intentionally discloses or fails to protect medical information declared to be confidential pursuant to §3-6F-3, or who compels another person to disclose such medical information, is guilty of a Class 2 misdemeanor.
Source:
SL 2012, ch 23, §86.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 06F - State Employees Drug Testing › Section 3-6F-5 - Promulgation of rules.

3-6F-5. Promulgation of rules.
The human resources commissioner may promulgate rules, pursuant to chapter 1-26, necessary to carry out the provisions of this chapter with regard to:
(1)Listing of positions whose primary duty includes patient or resident care or supervision; safety-sensitive positions; and positions at the Department of Public Safety, Division of Wildland Fire, whose duties include firefighting;
(2)Substances to be screened;
(3)Drug screening procedures;
(4)Procedures for collecting, analyzing, and evaluating test samples;
(5)Confidentiality of testing procedures;
(6)Referral for education or treatment; and
(7)Consequences that may result from valid positive test results or from failure to submit to a test.
Source: SL 2012, ch 23, §87; SL 2019, ch 21, §66; SL 2020, ch 19, § 1; SL 2021, ch 1 (Ex. Ord.
21-3
), § 61, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 08 - Compensation Of Officers And Employees › Section 3-8-1 - Constitutional officers to devote full time to office--Compensation limited to salaries--Businesses engaged in prior to taking office.

3-8-1. Constitutional officers to devote full time to office--Compensation limited to salaries--Businesses engaged in prior to taking office.
The Governor, justices of the Supreme Court, judges of the circuit courts, attorney general, secretary of state, state treasurer, state auditor, and commissioner of school and public lands shall devote full time to the duties of their respective offices and such officers shall not be entitled to, or authorized to take or receive for any of their official services any other compensation, emoluments, or perquisites than the salaries provided by law. Said constitutional state officers shall, however, be authorized to retain an interest in a business or occupation that said officer was engaged in prior to taking office, provided, however, that said business or occupation does not cause the creation of a benefit or the making of a profit directly or indirectly by the use of state moneys or using the same for a purpose not authorized by law.
Source:
SL 1947, ch 241, §6; SDC Supp 1960, §48.0611; SL 1963, ch 288.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 08 - Compensation Of Officers And Employees › Section 3-8-1.13 - Compensation defined.

3-8-1.13. Compensation defined.
The term, compensation, for state employees, means total compensation, which includes direct salary and fringe benefits. Fringe benefits includes employer paid retirement programs, social security, health insurance, life insurance, and any other programs offering a benefit to the employee in which the employer participates.
Source:
SL 1993, ch 37.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 08 - Compensation Of Officers And Employees › Section 3-8-2 - Annual appropriation for salaries of constitutional officers.

3-8-2. Annual appropriation for salaries of constitutional officers.
There is hereby annually appropriated out of any money in the state treasury not otherwise appropriated the sums necessary to meet the expenditures authorized by §3-8-1, and payments shall be made therefrom upon approved vouchers filed in the Office of the State Auditor.
Source:
SL 1947, ch 241, §8; SDC Supp 1960, §48.0612.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 08 - Compensation Of Officers And Employees › Section 3-8-2.1 - Adjustment of salaries of constitutional officers and judges.

3-8-2.1. Adjustment of salaries of constitutional officers and judges.
The annual salaries of the Governor, the lieutenant governor, the secretary of state, the state auditor, the state treasurer, the attorney general, the commissioner of school and public lands, each justice of the Supreme Court and each circuit judge shall be adjusted annually by the same rate appropriated as the across-the-board increase to base salaries of state employees under the General Appropriations Act in each corresponding year.
Source:
SL 1992, ch 2, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 08 - Compensation Of Officers And Employees › Section 3-8-2.2 - Additional adjustment of the salaries of the secretary of state, the state auditor, the state treasurer, the commissioner of school and public lands, the Governor, and the attorney general.

3-8-2.2. Additional adjustment of the salaries of the secretary of state, the state auditor, the state treasurer, the commissioner of school and public lands, the Governor, and the attorney general.
On July 1, 2023, prior to the adjustment required pursuant to §3-8-2.1, the base annual salaries of the following constitutional officers shall be set to the following values:
(1)The secretary of state, the state auditor, the state treasurer, and the commissioner of school and public lands, one hundred thirteen thousand dollars;
(2)The Governor, one hundred thirty thousand dollars;
(3)The attorney general, one hundred twenty-five thousand dollars.
The salaries, as adjusted pursuant to this section and §3-8-2.1, shall be the base salaries for the next adjustment required pursuant to §3-8-2.1. Thereafter, the base salaries of these constitutional officers that are to be annually adjusted in all subsequent years, pursuant to §3-8-2.1, will be the total of the base salary and adjustment amount established by the prior annual adjustment.
Source:
SL 2021, ch 23, § 1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 08 - Compensation Of Officers And Employees › Section 3-8-2.3 - Additional adjustment of the salaries of justices and circuit judges.

3-8-2.3. Additional adjustment of the salaries of justices and circuit judges.
The base annual salary of each justice of the Supreme Court and each circuit judge shall be adjusted upward six percent on July 1, 2021, and the subsequent base annual salary shall be adjusted upward an additional six percent on July 1, 2022. Each adjustment is based on the justice's or judge's salary as of the date of the increase and is in addition to any across-the-board increase to the base salary as provided pursuant to § 3-8-2.1.
Source:
SL 2021, ch 24, § 1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 08 - Compensation Of Officers And Employees › Section 3-8-3 - Salaried state officer retaining money received as theft.

3-8-3. Salaried state officer retaining money received as theft.
Any officer receiving a salary from the state who shall keep or retain any money, emolument, fee, or perquisite, paid to or received by him for the performance of any duty or duties connected with his office, or in any manner paid to him as such officer or by reason of his holding such office is guilty of theft. It is the intent and meaning of this section that no officer receiving a salary from the state shall keep or retain any money, emolument, fee, or perquisite paid to him by reason of his holding such office, other than the annual salary payable to such officer as provided by the Constitution.
Source:
SL 1901, ch 127, §1; RPolC 1903, §314; RC 1919, §6965; SDC 1939, §55.2304; SL 1980, ch 24, §41.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 08 - Compensation Of Officers And Employees › Section 3-8-4 - Dual salaries prohibited.

3-8-4. Dual salaries prohibited.
Except as provided in §§3-8-4.1 to 3-8-4.3, inclusive, no person receiving a salary payable out of the state treasury or from the funds of any state institution or department, may, during the period for which such salary has been or is to be paid, receive any other salary from the state or any institution or department thereof.
Source:
SDC 1939, §48.0603; SL 1976, ch 37, §1; SL 1997, ch 23, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 08 - Compensation Of Officers And Employees › Section 3-8-4.1 - Salary or per diem prohibited for service by state employee on board, commission, committee, or council--Reimbursement of expenses.

3-8-4.1. Salary or per diem prohibited for service by state employee on board, commission, committee, or council--Reimbursement of expenses.
No employee of the state including any institution thereof serving on a board, commission, committee, or council of the state may receive salary or per diem compensation for serving on such body. Allowable expense reimbursement shall be paid pursuant to §4-7-10.4.
Source:
SDCL, §3-8-4 as added by SL 1976, ch 37, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 08 - Compensation Of Officers And Employees › Section 3-8-4.2 - Compensation permitted for other state employment--During off duty hours--During state active duty.

3-8-4.2. Compensation permitted for other state employment--During off duty hours--During state active duty.
Any state employee, with the approval of the department head, agency head, or head of the state institution involved, may use annual leave, military service leave, weekends, legal holidays, and hours after normal working hours for performing compensable services to a state institution, department, office, or agency other than the institution, department, office, or agency that is the employee's primary employer. Compensation for such additional services performed during such times does not constitute dual compensation prohibited by §3-8-4 or 3-8-4.1. Any state employee who is called to state active duty, as defined in § 33-10-20, may receive dual compensation from the state.
Source:
SL 1976, ch 37, §4; SL 2010, ch 19, §78; SL 2021, ch 25, § 1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 08 - Compensation Of Officers And Employees › Section 3-8-4.3 - Compensation permitted for other state employment during unpaid leave of absence.

3-8-4.3. Compensation permitted for other state employment during unpaid leave of absence.
Any state employee who takes leave of absence without pay from his or her primary employment with the state may accept payment from the funds of other state institutions, departments, offices, or agencies for services rendered to such other institution, department, office, or agency. Compensation for additional services performed while on leave of absence without pay does not constitute dual compensation within the purview of §3-8-4 or 3-8-4.1.
Source:
SL 1976, ch 37, §5; SL 2010, ch 19, §79.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 08 - Compensation Of Officers And Employees › Section 3-8-6 - Time of payment of compensation and expenses of state officers and employees.

3-8-6. Time of payment of compensation and expenses of state officers and employees.
The compensation and expenses of all officers and employees, payable out of the state treasury, shall be paid at least once each calendar month, but no officer or employee may be paid in advance for any period of service. The Bureau of Finance and Management shall designate pay periods for all payroll systems utilizing funds from the state treasury.
Source:
RC 1919, §7057; SDC 1939, §48.0601; SL 1972, ch 19; SL 1976, ch 51, §1; SL 1985, ch 33, §16; SL 2007, ch 21, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 08 - Compensation Of Officers And Employees › Section 3-8-6.2 - Central payroll system administered by Bureau of Finance and Management--Rules and regulations.

3-8-6.2. Central payroll system administered by Bureau of Finance and Management--Rules and regulations.
The Bureau of Finance and Management, at the direction and under the control of the Governor, shall develop, maintain, and administer a central payroll system for the efficient compensation payment of officials and employees of the State of South Dakota. The commissioner of the Bureau of Finance and Management may, upon approval of the Governor, issue such rules and regulations as he deems necessary for carrying out of the provisions and intent of this section.
Source:
SL 1976, ch 51, §2; SL 1978, ch 27, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 08 - Compensation Of Officers And Employees › Section 3-8-8 - Accrued compensation payable to spouse and children of deceased employee if estate exempt from creditors' claims.

3-8-8. Accrued compensation payable to spouse and children of deceased employee if estate exempt from creditors' claims.
It shall be lawful for the disbursing officers of the state or any of its political subdivisions to pay, or cause to be paid, any lawful claim for salaries, wages, compensation, fees, and expenses due from the state or any of its political subdivisions to any deceased employee thereof, to the spouse or minor children of such employee. Provided, that such claim for salaries, wages, compensation, fees, or expenses has accrued within sixty days prior to the death of such deceased employee. The provisions of this section shall apply only in cases where such deceased employee died possessed of no property, real or personal, except such as is exempt from claims of the creditors of such deceased employee.
Source:
SL 1953, ch 491, §§1, 2; SDC Supp 1960, §55.2919 (1), (2).
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 08 - Compensation Of Officers And Employees › Section 3-8-9 - Information required for payment to spouse or children of deceased employee.

3-8-9. Information required for payment to spouse or children of deceased employee.
The disbursing officers shall be authorized to issue and pay such claim by the issuance of a warrant upon presentation to, and filing with the disbursing officers of the state or any of its political subdivisions of a verified claim, executed by such surviving spouse or circuit court judge as hereafter provided together with a showing in respect to:
(1)The time and place of death of the deceased employee;
(2)The department or branch of service of the state, or any political subdivision where the deceased was employed;
(3)The total amount of property, real and personal, owned by the deceased employee at the time of his death;
(4)The amount of her claim and the date of accrual thereof;
(5)And such other information as the disbursing officer may require.
In case the deceased employee left no surviving spouse, the circuit court judge is designated as a person to execute and present the verified claim, required under this section, and to receive and pay over the proceeds for the benefit of the minor children if the same be exempt.
Source:
SL 1953, ch 491, §§2, 5; SDC Supp 1960, §55.2919 (2), (5).
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 08 - Compensation Of Officers And Employees › Section 3-8-10 - Probate proceedings not required for payment to spouse or children of deceased employee--Discharge of liability.

3-8-10. Probate proceedings not required for payment to spouse or children of deceased employee--Discharge of liability.
No probate proceeding of any kind, nor the appointment of an administrator or agent shall be required and the presentation of a sworn statement by such spouse or circuit court judge shall be sufficient authority for the disbursing officer to pay or to cause to be paid such claims, and the payment of the same shall relieve and discharge the state, or any of its political subdivisions and all disbursing officers thereof, of any liability whatsoever in respect to such claim.
Source:
SL 1953, ch 491, §4; SDC Supp 1960, §55.2919 (4).
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 08 - Compensation Of Officers And Employees › Section 3-8-11 - Cancellation and replacement of warrant payable to deceased employee.

3-8-11. Cancellation and replacement of warrant payable to deceased employee.
In case a warrant has already issued, payable to such deceased employee, which has not been paid on account of the death of such employee, such disbursing officer shall be authorized to request the return of such warrant to his office by cancellation, and such disbursing officer shall be authorized to cancel the same and issue another warrant payable direct to the surviving spouse or circuit court judge for the benefit of the minor children.
Source:
SL 1953, ch 491, §3; SDC Supp 1960, §55.2919 (3).
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 08 - Compensation Of Officers And Employees › Section 3-8-12 - Salary increase of full-time elected official who may vote on own salary delayed.

3-8-12. Salary increase of full-time elected official who may vote on own salary delayed.
If the salary of any full-time elected official who may vote on his own salary is increased, the increase for that elected official may not commence until the expiration of the term for which such official was elected, or until two years after the passage of such increase, whichever is less.
Source:
SL 1985, ch 22; SL 1986, ch 34.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 08 - Compensation Of Officers And Employees › Section 3-8-13 - Longevity pay for state employees.

3-8-13. Longevity pay for state employees.
Any state employee who is employed in a position that is eligible for longevity pay and has at least seven years of employment with the State of South Dakota is entitled to longevity compensation. The longevity compensation for years of employment seven to ten, inclusive, is one hundred dollars. The longevity compensation for years of employment eleven to fourteen, inclusive, is equal to ten dollars per year of employment until the fifteenth year of service at which time the longevity pay shall be equal to fifteen dollars per year of service. Longevity pay shall increase at five dollar increments thereafter for each additional five years of employment. The longevity compensation may not be affected by any other compensation and classification plan except that the longevity compensation shall be distributed in the same manner and form as prescribed in §3-8-6. Longevity compensation is payable annually in one lump sum. Any employee due any portion of the employee's longevity payment upon retirement and meeting the definition of a participant as set out in subdivision 3-13A-2(8) shall have any such lump-sum payment transmitted to the fund pursuant to the provisions of §3-13A-5. The commissioner of the Bureau of Human Resources shall promulgate rules pursuant to chapter 1-26 to determine the state employee position categories that are eligible for longevity pay, the criteria for payment for prior years of service, the date for payment, and the type of service that may be used to calculate longevity. The only employees of the Board of Regents eligible for longevity pay are those nonfaculty permanent full-time employees who are customarily employed for twenty hours or more a week at least six months a year.
Any agent, patrolman, or employee of the Division of Highway Patrol of the Department of Public Safety may elect to receive longevity pay under this section or under §32-2-10, but may not receive longevity pay under both provisions at the same time.
Source:
SL 1990, ch 32, §1; SL 1991, ch 34; SL 1995, ch 16; SL 2003, ch 272 (Ex. Ord. 03-1), §21; SL 2004, ch 43, §27; SL 2012, ch 23, §94.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 08 - Compensation Of Officers And Employees › Section 3-8-14 - Salary differences for certain National Guard and reserve members to be paid by state.

3-8-14. Salary differences for certain National Guard and reserve members to be paid by state.
Any employee of the State of South Dakota who, as a member of the South Dakota National Guard or any other reserve component of the armed forces of the United States, is ordered into Title 10 and Title 32 service, after January 1, 2002, other than for training purposes, shall receive the difference between the employee's state salary or wage rate at the time the employee was activated and the employee's military salary and allowances for the time the employee is engaged in such active federal service. The salary or wage difference shall be paid on at least a quarterly basis.
Source:
SL 2004, ch 33, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 09 - Travel Expenses And Allowances › Section 3-9-1 - Mileage rate for vehicle allowances.

3-9-1. Mileage rate for vehicle allowances.
On or before the first of July each year, the State Board of Finance may promulgate rules, pursuant to chapter 1-26, to fix a rate per mile which shall be paid to those operating privately owned automobiles and vehicles on state business. Any person using a privately owned automobile or motorcycle shall be reimbursed at the same rate per mile. However, if no state vehicle is equipped for the transportation of a person with special needs, a different rate per mile may be established. The rate may be changed during a fiscal year with the prior approval of the Legislative Interim Appropriations Committee. The state auditor shall issue warrants covering vehicle expenses at the rate specified by the State Board of Finance upon the sworn statement of the party using the vehicle.
Source:
SL 1920 (SS), ch 85, §2; SL 1925, ch 115; SL 1931, ch 241; SL 1933, ch 179; SDC 1939, §55.2704; SL 1949, ch 219; SL 1955, ch 247; SL 1968, ch 203; SL 1974, ch 32, §1; SL 2004, ch 34, §1; SL 2017, ch 26, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 09 - Travel Expenses And Allowances › Section 3-9-2 - Meals and lodging expense allowance while away from residence or headquarters--Maximum--Per diem allowance--Actual costs--Hardship exemption.

3-9-2. Meals and lodging expense allowance while away from residence or headquarters--Maximum--Per diem allowance--Actual costs--Hardship exemption.
The State Board of Finance may fix the maximum amount which may be allowed per day or fraction of a day as reimbursement for expenses for meals and lodging necessarily incurred by state officers and employees in the performance of their duties while away from their places of residence or headquarters station, and change the maximum allowance as the board deems just and proper under existing conditions. The State Board of Finance may authorize reimbursement on a per diem basis, in lieu of the method described in this section or any other method provided by law, and fix the amount per day or fraction of a day which may be allowed, and may change the amount as the board deems just and proper under existing conditions. The chair of a commission or council created by chapters 38-10, 38-27, 38-29, and 38-32 may authorize an employee to be reimbursed for actual costs of lodging and meals, excluding alcoholic beverage as defined in subdivision 35-1-1(1) if:
(1)The lodging and meals are in furtherance of the state's interests, concerns, and activities;
(2)The activities for which the lodging and meals are required fall within the scope of the commission's or council's responsibilities; and
(3)The employee is performing official duties related to trade servicing or promotional activities.
The authorization shall be made on a form prescribed by the Governor and supported by receipts and shall accompany the claim filed pursuant to §3-9-8. The provisions of this section, §§3-9-2.1 and 3-9-2.2, and the amounts fixed by the State Board of Finance shall prevail notwithstanding the provisions of other statutes, such as provision that a state officer or employee shall be paid or reimbursed for his actual and necessary traveling expenses.
Upon the written request of a department or office head, the State Board of Finance may, through a majority vote of its membership, grant relief from the per diem allowances for any officer or employee who would otherwise suffer hardship from the board's rules while furthering the state's interests, concerns, and activities.
Source:
SL 1949, ch 258, §§1 to 3; SDC Supp 1960, §55.2001-1; SL 1999, ch 13, §1; SL 2015, ch 24, §1.
2023 South Dakota Codified Laws › Title 3 - Public Officers and Employees › Chapter 09 - Travel Expenses And Allowances › Section 3-9-2.1 - Meals and lodging actual cost reimbursement regardless of whether away from residence or headquarters.

3-9-2.1. Meals and lodging actual cost reimbursement regardless of whether away from residence or headquarters.
The State Board of Finance may authorize reimbursement of the actual costs of lodging and meals, excluding any alcoholic beverage as defined in subdivision 35-1-1(1), but including a gratuity incurred by a state officer or employee in the performance of his or her duties, regardless of whether the officer or employee is away from his or her place of residence or headquarters station, if:
(1)The lodging and meals are in furtherance of the state's interests, concerns, and activities;
(2)The activity for which the lodging and meal is required is related specifically to hosting a prospect for any business development, trade, or tourism promotional activity; and
(3)The officer or employee is performing an official duty at the direction of the head of the officer's or employee's department or office, which approval is certified in writing by the department or office head, or by the Governor.
The authorization shall be made on a form prescribed by the Governor and supported by receipts and the certification of the department or office head and shall accompany the claim filed pursuant to §3-9-8.
The reimbursement for a gratuity authorized by this section may either be a voluntary service gratuity, not to exceed eighteen percent, or a mandatory service gratuity added to the bill by the establishment, not to exceed twenty percent.
Source:
SL 2015, ch 24, §2.