reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:06 - 24/7 sobriety program › Chapter 2:06:02 - Testing › Section 2:06:02:03 - Type of testing authorized

Current through Register Vol. 51, page 10, July 15, 2024
A participant placed on the 24/7 Sobriety Program shall submit to one or more of the following tests:
(1) Twice-a-day testing;
(2) Urinalysis;
(3) Drug patch;
(4) Electronic alcohol monitoring device, if a device is available for attachment on a participant and the participant is capable of wearing the device;
(5) Ignition interlock device, if a device is available from a vendor for attachment on the participant's vehicle, the participant possesses a valid driver's license or work permit, and the participant has proof of financial responsibility.
General Authority:
SDCL  1-11-24.
Law Implemented:
SDCL  1-11-24(1) and (2),  32-23-23.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:06 - 24/7 sobriety program › Chapter 2:06:02 - Testing › Section 2:06:02:04 - Frequency and time period of testing

Current through Register Vol. 51, page 10, July 15, 2024
A participant placed on a 24/7 Sobriety Program shall submit to tests at the participating agency's premises as follows:
(1) Twice-a-day testing shall be conducted for the time period ordered or directed by the court, the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent;
(2) Urinalysis testing shall be conducted as ordered or directed by the court, the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent, for the time period ordered or directed;
(3) Drug patch testing shall be utilized as ordered or directed by the court, the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent, for the time period ordered or directed;
(4) Electronic alcohol monitoring device testing shall be utilized if ordered or directed by the court, the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent, for the time period ordered or directed, based upon availability of the device and if it is determined that the participant is capable of wearing the electronic alcohol monitoring device;
(5) Ignition interlock testing shall be utilized if ordered or directed by the court, the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent, for the time period ordered or directed, based upon availability of the device from a vendor for attachment, and the participant's possession of a valid driver's license or work permit and proof of financial responsibility.
General Authority:
SDCL  1-11-24.
Law Implemented:
SDCL  1-11-24(1) and (2),  32-23-23.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:06 - 24/7 sobriety program › Chapter 2:06:02 - Testing › Section 2:06:02:05 - Testing information

Current through Register Vol. 51, page 10, July 15, 2024
A participating agency shall contemporaneously record all participant testing results on the reporting system pursuant to §
									2:06:04:01.
General Authority:
SDCL  1-11-24.
Law Implemented:
SDCL  1-11-24(4).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:06 - 24/7 sobriety program › Chapter 2:06:02 - Testing › Section 2:06:02:06 - Attorney general selection of ignition interlock device - Minimum requirements for ignition interlock device

Current through Register Vol. 51, page 10, July 15, 2024
Each participant shall use an ignition interlock device selected by the Attorney General. The Attorney General may not select a device unless it conforms to the following minimum requirements:
(1) The device meets the standards set forth in the National Highway Traffic Safety Administration "Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDS)" published in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, pp. 11772-87;
(2) The device simultaneously records testing information and a digital photo of the participant during the testing process;
(3) The device is able to perform tests at least twice daily, even if the participant is not operating the vehicle, with testing times approximately 12 hours apart;
(4) The device and supporting hardware and software shall transmit, at least daily, all testing information and a digital photo for each test and all device malfunctions in a manner that the information is available to the participating agency enrolling the participant and may be made available on the Attorney General's reporting system; and
(5) The vendor of a participant submitting to ignition interlock device testing agrees to notify the applicable participating agency at least 24 hours prior to the removal or deactivation of an ignition interlock device if the participant fails to pay costs and expenses.
General Authority:
SDCL  1-11-24.
Law Implemented:
SDCL  1-11-24(1) and (2),  32-23-23.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:06 - 24/7 sobriety program › Chapter 2:06:02 - Testing › Section 2:06:02:07 - Attorney general selection of mobile breath alcohol testing device - Minimum requirements for mobile breath alcohol testing device

Current through Register Vol. 51, page 10, July 15, 2024
Each participant shall use a mobile breath alcohol testing device selected by the Attorney General. The Attorney General may not select a device unless it conforms to the following minimum requirements:
(1) The device is able to perform scheduled, random, and on-demand tests;
(2) The device provides a GPS location of where each test is conducted;
(3) The device submits a digital photograph when each test is provided that is compared with an enrollment photograph using facial recognition software;
(4) The device provides immediate notification of a missed test, failed test, or a test where facial recognition is not confirmed to the participating agency; and
(5) The device is able to provide the text message notification of an upcoming test to a participant.
General Authority:
SDCL  1-11-24.
Law Implemented:
SDCL  1-11-24(1)(2),  32-23-23.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:06 - 24/7 sobriety program › Chapter 2:06:03 - Fees › Section 2:06:03:01 - Twice-a-day testing fees

Current through Register Vol. 51, page 10, July 15, 2024
A participant submitting to twice-a-day testing shall pay a fee of one dollar for each test.
General Authority:
SDCL  1-11-33.
Law Implemented:
SDCL  1-11-26.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:06 - 24/7 sobriety program › Chapter 2:06:03 - Fees › Section 2:06:03:02 - Urinalysis fees

Current through Register Vol. 51, page 10, July 15, 2024
A participant submitting to urinalysis testing shall pay a fee of ten dollars for each test.
General Authority:
SDCL  1-11-33.
Law Implemented:
SDCL  1-11-27.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:06 - 24/7 sobriety program › Chapter 2:06:03 - Fees › Section 2:06:03:03 - Drug patch fees

Current through Register Vol. 51, page 10, July 15, 2024
A participant submitting to wear a drug patch shall pay a fee of $50 for each drug patch attached.
General Authority:
SDCL  1-11-33.
Law Implemented:
SDCL  1-11-28.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:06 - 24/7 sobriety program › Chapter 2:06:03 - Fees › Section 2:06:03:04 - Electronic alcohol monitoring device fees

Current through Register Vol. 51, page 10, July 15, 2024
A participant submitting to the wearing of the electronic alcohol monitoring device shall pay a fee of five dollars for each day the participant is wearing the device. In addition, the participant shall pay an installation fee and a deactivation fee, each in the amount of $40.
General Authority:
SDCL  1-11-33.
Law Implemented:
SDCL  1-11-29.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:06 - 24/7 sobriety program › Chapter 2:06:03 - Fees › Section 2:06:03:05 - Ignition interlock device fees

Current through Register Vol. 51, page 10, July 15, 2024
A participant submitting to ignition interlock device testing shall pay an enrollment fee of $40. The participant shall also pay a monitoring fee of $20 for each periodic inspection that occurs pursuant to §
									2:06:02:02.02.
General Authority:
SDCL  1-11-33.
Law Implemented:
SDCL  1-11-30.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:06 - 24/7 sobriety program › Chapter 2:06:03 - Fees › Section 2:06:03:05.01 - Mobile breath alcohol testing device fees

Current through Register Vol. 51, page 10, July 15, 2024
A participant using a mobile breath alcohol testing device shall pay a fee of four dollars for each day the participant uses the device. In addition, the participant shall pay an installation fee and a deactivation fee of $40 each.
General Authority:
SDCL  1-11-33.
Law Implemented:
SDCL  1-11-30.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:06 - 24/7 sobriety program › Chapter 2:06:03 - Fees › Section 2:06:03:06 - Participation fees

Current through Register Vol. 51, page 10, July 15, 2024
A participant placed on the 24/7 Sobriety Program shall pay the following participation fees:
(1) A person submitting to electronic alcohol monitoring device or ignition interlock device testing shall pay one dollar for each day the person is on the program; and
(2) A person submitting to twice-a-day testing shall pay one dollar for each day the person is on the program, up to a maximum of $30.
General Authority:
SDCL  1-11-33.
Law Implemented:
SDCL  1-11-32,  1-11-33.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:06 - 24/7 sobriety program › Chapter 2:06:04 - Reporting requirements › Section 2:06:04:01 - Reports

Current through Register Vol. 51, page 10, July 15, 2024
A participating agency shall use the reporting system provided by the Attorney General for participant enrollment and to record testing data and participant information, including fees collected. All reports shall be submitted at least weekly on the form and in the manner provided by the Attorney General. The Attorney General's reporting system may require the following items: enrolling information, to include the identity of the participating agency and each representative enrolling, testing, and reporting, the participant, and the court or directing entity; the type, frequency, and time period of testing; the participant's compliance with enrolling procedures and execution of a participation agreement and waiver form; testing results and notifications; activities performed by participating agency; fees and other money due and collected; equipment inventory; and special instructions.
General Authority:
SDCL  1-11-24.
Law Implemented:
SDCL  1-11-24(4).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:06 - 24/7 sobriety program › Chapter 2:06:04 - Reporting requirements › Section 2:06:04:02 - Accounting of fees collected

Current through Register Vol. 51, page 10, July 15, 2024
A participating agency shall provide an accounting of all fees and other costs and expenses collected from participants in a 24/7 Sobriety Program to the Attorney General, no less than quarterly in a manner provided by the Attorney General.
General Authority:
SDCL  1-11-24.
Law Implemented:
SDCL  1-11-24(2), (3), and (4).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:07 - County coroners › Chapter 2:07:01 - County coroner training program › Section 2:07:01:01 - Approved training course for newly selected county coroners

Current through Register Vol. 51, page 10, July 15, 2024
The training course for newly selected county coroners shall consist of a curriculum of at least 16 hours of training. The curriculum shall include the following subject areas:
(1) Death scene investigation; and
(2) Death registration.
General Authority:
SDCL  23-3-35(15).
Law Implemented:
SDCL  7-14-10,  23-3-35(15).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:07 - County coroners › Chapter 2:07:01 - County coroner training program › Section 2:07:01:02 - Approved training course for incumbent county coroners

Current through Register Vol. 51, page 10, July 15, 2024
The training course for incumbent county coroners shall consist of a curriculum of at least eight hours of advanced or refresher training. The curriculum shall include the following subject areas:
(1) Death scene investigation; and
(2) Death registration.
The coroner shall report the coroner's training hours by December 31st of each even-numbered year. Each coroner shall maintain training records and make them available for inspection by the commission.
General Authority:
SDCL  23-3-35(15).
Law Implemented:
SDCL  7-14-10,  23-3-35(15).
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:08 - HEROES WELLNESS GRANTS › Chapter 2:08:01 - Application › Section 2:08:01:01 - Application Submission

Current through Register Vol. 51, page 10, July 15, 2024
All applications for a Heroes Wellness Grant shall be submitted electronically though the Attorney General's website between January 1 and March 1 of each calendar year.
General Authority:
SDCL  34-55-1 through  34-55-5.
Law Implemented:
SDCL  34-55-1 through  34-55-5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:08 - HEROES WELLNESS GRANTS › Chapter 2:08:01 - Application › Section 2:08:01:02 - Application Content

Current through Register Vol. 51, page 10, July 15, 2024
Each application shall contain the following information:
1) Name and contact information of entity applying for the grant.
2) Name and contact information of individual coordinating the training.
3) Name of vendor, entity, or individual providing the training.
4) Location of the training.
5) Description of target audience.
6) Purpose of the training to include specific learning objectives.
7) Description of any certification a trainee will receive.
8) Projected number of trainees.
9) Cost of the training.
10) Cost to host the training including food, lodging, and mileage.
11) Name and contact information of individual coordinating the costs and reimbursements.
General Authority:
SDCL  34-55-1 through  34-55-5.
Law Implemented:
SDCL  34-55-1 through  34-55-5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:08 - HEROES WELLNESS GRANTS › Chapter 2:08:02 - Grant Award Process › Section 2:08:02:01 - Grant Award Criteria

Current through Register Vol. 51, page 10, July 15, 2024
Only those applications that are complete will be considered. Priority will be given to applications that fulfill the following:
1) Trainings that meet the objectives for peer support and critical incident stress management that are, or are similar to those, developed by the International Critical Incident Stress Foundation.
2) Trainings that focus on all types of first responders.
3) Trainings that provide the skills necessary for participants to train others.
4) Trainings that focus on the inclusion of volunteers.
5) Trainings that allow for virtual access or night/weekend participation.
6) Trainings that include ten or more participants.
General Authority:
SDCL  34-55-1 through  34-55-5.
Law Implemented:
SDCL  34-55-1 through  34-55-5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:08 - HEROES WELLNESS GRANTS › Chapter 2:08:02 - Grant Award Process › Section 2:08:02:02 - Timeline for Grant Application Review and Awards

Current through Register Vol. 51, page 10, July 15, 2024
The Attorney General shall review each application and may award grants by May 1 of each calendar year.
General Authority:
SDCL  34-55-1 through  34-55-5.
Law Implemented:
SDCL  34-55-1 through  34-55-5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:08 - HEROES WELLNESS GRANTS › Chapter 2:08:02 - Grant Award Process › Section 2:08:02:03 - Grant Agreements

Current through Register Vol. 51, page 10, July 15, 2024
If an application is approved for funding, the Attorney General shall execute a Grant Agreement with the sponsoring entity which shall include the following requirements of the sponsoring entity:
1) To designate an official to certify on the behalf of the entity that the reimbursement request submitted is correct, legally incurred, and which are due and payable, or have been paid by the entity;
2) To submit a W-9 form with the "Required Direct Deposit Information" completed which will authorize the Attorney General to make electronic payments by direct deposit; and
3) To submit signed requests for reimbursement using a form prescribed by the Attorney General, together with all approved cost documentation to such person or persons the Attorney General may designate for approval.
General Authority:
SDCL  34-55-1 through  34-55-5.
Law Implemented:
SDCL  34-55-1 through  34-55-5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:08 - HEROES WELLNESS GRANTS › Chapter 2:08:02 - Grant Award Process › Section 2:08:02:04 - Time Restrictions

Current through Register Vol. 51, page 10, July 15, 2024
1) All Grant Agreements shall commence upon execution by both parties and will end the following March 1st; and
2) All reimbursement requests for eligible costs under the Grant Agreement not presented within (30) days after March 1st shall be barred from payment.
General Authority:
SDCL  34-55-1 through  34-55-5.
Law Implemented:
SDCL  34-55-1 through  34-55-5.
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:09 - Civil forfeitures › Chapter 2:09:01 - Law Enforcement Seizure Report › Section 2:09:01:01 - Form for reporting seizure of property

Current through Register Vol. 51, page 10, July 15, 2024
The law enforcement agency must file a seizure report with the South Dakota Office of the Attorney General on the prescribed form. The prescribed form is an online form found on the Office of the Attorney General website at https://atg.sd.gov/LawEnforcement/DrugAssetCivilForfeiture.
General Authority:
SDCL 23-49-25
Law Implemented:
SDCL 23-49-21
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:09 - Civil forfeitures › Chapter 2:09:01 - Law Enforcement Seizure Report › Section 2:09:01:02 - Deadline for seizure reporting

Current through Register Vol. 51, page 10, July 15, 2024
The law enforcement agency must file the seizure report within 10 days from the date the property was seized. Any seizure report filed after the time prescribed will be declined by the South Dakota Office of the Attorney General and the forfeiture action will not be initiated.
General Authority:
SDCL 23-49-25
Law Implemented:
SDCL  23A-49-21
South Dakota Administrative Rules › Title 2 - ATTORNEY GENERAL › Article 2:09 - Civil forfeitures › Chapter 2:09:01 - Law Enforcement Seizure Report › Section 2:09:01:03 - Information required in seizure report

Current through Register Vol. 51, page 10, July 15, 2024
The law enforcement agency must provide the following information in the seizure report:
(1) Name of law enforcement agency that seized the property or, if seized by a multijurisdictional state task force, the name of the lead state agency;
(2) County of seizure;
(3) Arresting agency;
(4) Seizure date;
(5) Location of the seizure, whether a residence, business, event, or traffic stop;
(6) If a traffic stop on an interstate, the direction of the traffic flow, whether eastbound, westbound, southbound, or northbound;
(7) Type and amount of controlled substance;
(8) Dollar amount of seized property;
(9) Description of seized property, other than currency, including make, model, and year; and
(10) Estimated value of seized property other than currency.
General Authority:
SDCL 23-49-25
Law Implemented:
SDCL 23-49-21
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:01 - Old age and survivors insurance › Chapter 3:01:01 - Administration › Section 3:01:01:02 - Federal regulations to be followed

Current through Register Vol. 51, page 10, July 15, 2024
In making the determination of whether a person is an employee of the state for the purpose of determining whether old age and survivors insurance contributions shall be made, the director shall be in compliance with the provisions of 42 U.S.C. 416 (j) and 418, both as amended through October 30, 1972; by the Federal-State Social Security Agreement dated July 24, 1951; and by 20 C.F.R. 404.1004.
General Authority:
SDCL  3-11-24.
Law Implemented:
SDCL  3-11-24.
The Federal-State Social Security Agreement consists of four pages and an appendix of sixty-four pages. There are two hundred and ninety-one amendments thereto. Copies may be purchased by writing to Director, Division of Old Age & Survivors Insurance, Pierre, South Dakota, at a cost of five cents per page.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:01 - General provisions › Section 3:05:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
The terms used in this article mean:
(1) "Employee," an individual working for the executive branch of South Dakota state government. In addition, those individuals who by statute are made subject to these rules are considered employees under these rules;
(2) "Agency official," one who has been authorized by statute or one specifically designated by the agency to sign for agency documents;
(3) "Signature," an original handwritten full signature, not a stamp or mechanical duplication;
(4) "Payroll warrant," a warrant that pays the salary or wages of an employee;
(5) "Replacement warrant," another warrant corresponding in all essentials to the first warrant;
(6) "Direct route," a usually traveled route measured by standard map miles;
(7) "Indirect route," a route which includes visited points not listed in standard map mileage, such as project sites and locations;
(8) "Standard map mileage," mileage listed on the current official South Dakota state highway map published by the state department of transportation;
(9) "Capital city area," the city of Pierre, South Dakota and an area extending five miles beyond the municipal boundaries;
(10) "In-state travel," all official state travel within the state of South Dakota;
(11) "Out-of-state travel," all official state travel not defined as in-state travel in subdivision (10) of this section;
(12) "Indirect travel," travel in going to or returning from official state business which is by a route which would not be used by a reasonable person in going directly to or returning directly from the official business;
(13) "Bona fide lodging receipt," an actual and genuine receipt printed and issued by the individual hotel or motel;
(14) "Vendor," a person or company who sells;
(15) "Warrant," a legal instrument of payment.
General Authority:
SDCL  3-9-8,  4-9-1.1.
Law Implemented:
SDCL  3-9-4,  4-1-3,  4-9-1.1,  4-9-2.
The amended version of this section by 48 SDR 54, effective 11/15/2021 is not yet available.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:01 - General provisions › Section 3:05:01:03 - Authorization by agency officer required

Current through Register Vol. 51, page 10, July 15, 2024
The authorization signature of the agency official is required on every voucher. The date of signature shall be included.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  4-9-2,  4-9-7,  10-1-9.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:01 - General provisions › Section 3:05:01:04 - All signatures shall be handwritten originals

Current through Register Vol. 51, page 10, July 15, 2024
All perjury statements and authorizations shall require original handwritten signatures.
General Authority:
SDCL  3-9-8,  4-9-1.1.
Law Implemented:
SDCL  3-9-8,  4-9-2,  4-9-3,  4-9-4.
The amended version of this section by 48 SDR 54, effective 11/15/2021 is not yet available.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:01 - General provisions › Section 3:05:01:05 - Declaratory rules

Current through Register Vol. 51, page 10, July 15, 2024
Any interested person may petition the state auditor, in writing, for the issuance of a declaratory ruling as to the applicability of any statutory provision or of any rule or order of the state auditor. An original of such petition shall be filed with the office of the secretary of state in Pierre, South Dakota, and shall state the factual situation and the statute, rule or order, to which the situation applies, together with a statement of the grounds in support of, and in opposition to, the petitioner's position.
Upon the filing of such petition, the state auditor shall consider the same promptly and may thereupon either grant or deny the petition in whole or in part; prompt notice shall be given the petitioner of the denial accompanied by a simple statement of the grounds unless the denial be self-explanatory.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  1-26-15.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:02 - Payroll for state employees › Section 3:05:02:01 - Payroll authorization

Current through Register Vol. 51, page 10, July 15, 2024
All payroll authorizations shall be signed by the authorized personnel from each agency. The authorized personnel are those who have been certified by the constitutional officers or department heads and whose signatures are on file in the state auditor's office.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  3-8-6,  4-9-1.1.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:02 - Payroll for state employees › Section 3:05:02:02 - Payroll correction

Current through Register Vol. 51, page 10, July 15, 2024
The payroll correction form designated for that purpose is required for all corrections, additions, or deletions from the original payroll authorization.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  3-8-6,  4-9-1.1.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:03 - Travel warrant disbursements › Section 3:05:03:01 - Lodging receipt required

Current through Register Vol. 51, page 10, July 15, 2024
An employee traveling on state business who is away from his home station for one or more nights, shall have a bona fide lodging receipt. Hotel or motel receipts shall be the original receipt or that receipt which each specific hotel or motel regularly gives to a customer. Such receipts shall indicate that they are paid. When the receipt is not a regular folio type, such receipt shall carry the signature of the hotel or motel owner or clerk.
General Authority:
SDCL  3-9-8,  4-9-1.1.
Law Implemented:
SDCL  3-9-2,  3-9-8,  4-9-1.1.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:03 - Travel warrant disbursements › Section 3:05:03:02 - Conference, seminar, or workshop attendance

Current through Register Vol. 51, page 10, July 15, 2024
In addition to other requirements for filing travel vouchers, those persons attending conferences, seminars, or workshops shall attach to their voucher:
(1) A copy of the program or official letter which give the dates and location of the conference, seminar or workshop;
(2) A receipt for any registration fee paid.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  3-9-8,  4-9-1.1.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:03 - Travel warrant disbursements › Section 3:05:03:03 - Individual claims required

Current through Register Vol. 51, page 10, July 15, 2024
Each claimant shall submit a personal and individual claim for his or her travel expenses. One claimant's travel expenses shall not be a part of another individual's claim.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  3-9-8,  4-9-1.1.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:03 - Travel warrant disbursements › Section 3:05:03:03.01 - Voucher submission timing

Current through Register Vol. 51, page 10, July 15, 2024
A claim for travel expenses must be received by the state auditor within 60 days after the last day of travel. If this timeline is not met, written documentation on a form provided by the state auditor must be submitted by the claimant stating the reason for the delay in submitting the claim prior to determination by state auditor on allowance of the claim. The form must be signed by the head of a state agency, bureau, or any other unit or organization of state government; constitutional officer; or elected official of the office from which the claimant is seeking reimbursement. If the claimant is a department secretary or bureau commissioner, the form must be signed by the Governor.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  3-9-8,  4-9-1.1.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:03 - Travel warrant disbursements › Section 3:05:03:04 - Out-of-state authorization required

Current through Register Vol. 51, page 10, July 15, 2024
Every out-of-state travel voucher of every employee shall be supported by a copy of a travel authorization signed by the Governor or his designee. If a travel authorization has been filed or attached to a previous voucher, reference thereto shall be deemed sufficient to meet the requirements of this rule.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  3-9-4,  3-9-8.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:03 - Travel warrant disbursements › Section 3:05:03:06 - Charter justification required

Current through Register Vol. 51, page 10, July 15, 2024
Justification for charter flights shall accompany the voucher.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  3-9-8.
Charter airplane rates, §
											5:01:02:08.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:03 - Travel warrant disbursements › Section 3:05:03:07 - Required documentation for nonstate employee travel

Current through Register Vol. 51, page 10, July 15, 2024
All claims presented for nonstate employee travel shall include receipts, except for meals. The perjury signature and approval signature shall be executed.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  3-9-8.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:03 - Travel warrant disbursements › Section 3:05:03:08 - No payment for lodging upon failure to cancel reservation

Current through Register Vol. 51, page 10, July 15, 2024
No payment shall be made when a claimant fails to cancel reservation.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  3-9-2,  3-9-8.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:03 - Travel warrant disbursements › Section 3:05:03:09 - Automobile rental receipts required

Current through Register Vol. 51, page 10, July 15, 2024
Receipts and a statement of justification for car rental services when allowable shall accompany the claim.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  3-9-1,  3-9-8.
Requirements for automobile rentals, §
											5:01:02:06.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:03 - Travel warrant disbursements › Section 3:05:03:10 - Receipts of expenditures required

Current through Register Vol. 51, page 10, July 15, 2024
Original copies of receipts of expenditures in excess of one dollar except in cases of taxi fares under five dollars, including lodging but excluding meals, shall be submitted in support of claims for reimbursements. When the vendor requires the original copy for his files, the second copy shall be accepted by the auditor.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  3-9-8.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:03 - Travel warrant disbursements › Section 3:05:03:11 - Airline ticket documentation required

Current through Register Vol. 51, page 10, July 15, 2024
The original passenger coupon portion of the airline ticket shall be attached to the travel voucher.
General Authority:
SDCL  3-9-8,  4-9-1.1.
Law Implemented:
SDCL  3-9-2,  3-9-8,  4-9-1.1.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:03 - Travel warrant disbursements › Section 3:05:03:12 - Explanation of purpose of travel

Current through Register Vol. 51, page 10, July 15, 2024
The purpose of travel shall be explained in the space provided on the travel voucher.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  3-9-8,  4-9-1.1.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:03 - Travel warrant disbursements › Section 3:05:03:13 - Expenses not allowable for public meetings

Current through Register Vol. 51, page 10, July 15, 2024
No state officer or employee who attends or is in the area of a political meeting, the state fair, the inaugural, state basketball or state football tournaments, or other public meetings of like character may be reimbursed for travel expenses unless the employee's duties necessarily require that he be present at the meeting or he receives specific prior approval of the state board of finance. The request shall be made at least 30 days before the event.
General Authority:
SDCL  4-9-1.1,  4-9-7.
Law Implemented:
SDCL  4-9-1.1.
Collateral References:
Sawyer vs. Mayhew, State Auditor, 10SD19, 71NW141, (1897). Attorney General Reports, year 1937-38 p. 581, 1947-48 p. 25.
Expenses for political meetings not reimbursable, SDCL  3-9-7.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:03 - Travel warrant disbursements › Section 3:05:03:14 - Measurement of mileage traveled by private automobile on state business

Current through Register Vol. 51, page 10, July 15, 2024
When transportation is authorized or approved for privately owned automobiles, distances between points traveled shall be standard map mileage for direct travel, and by odometer readings for indirect travel. Any deviation from distances as shown by the current state highway map shall be justified.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  3-9-1,  3-9-8.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:05 - Invoices › Section 3:05:05:01 - Uniform copy of invoice from vendor required

Current through Register Vol. 51, page 10, July 15, 2024
Vendor invoices shall be the original copy or that copy which each specific vendor regularly gives to the customer. If either of the two mentioned invoices are lost or destroyed, a signed, certified photocopy of the invoice shall be accepted.
General Authority:
SDCL  4-9-1.1,  4-9-7.
Law Implemented:
SDCL  3-9-8,  4-9-7.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:05 - Invoices › Section 3:05:05:02 - Invoice changes to be made only by vendor - Exceptions

Current through Register Vol. 51, page 10, July 15, 2024
Invoice changes shall be made only by the vendor unless the change falls within the following exceptions:
(1) Sales tax may be deleted;
(2) When a vendor refuses to adjust an invoice to reflect the amount actually paid, a signed statement from the department head stating the true price and the refusal of the vendor to state it must accompany the voucher.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  4-9-2.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:05 - Invoices › Section 3:05:05:04 - Contracts shall be filed with state auditor

Current through Register Vol. 51, page 10, July 15, 2024
All consulting contracts shall be filed with the state auditor within five days after the contract was entered into. The consulting contracts must be filed before submitting vouchers for payment on the contracts.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  1-24A-1,  3-9-8,  4-9-2.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:05 - Invoices › Section 3:05:05:05 - Copy of ads required

Current through Register Vol. 51, page 10, July 15, 2024
All claims for payment of ads shall be accompanied by a copy of such advertisement.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  3-9-8.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:05 - Invoices › Section 3:05:05:06 - Legal publications

Current through Register Vol. 51, page 10, July 15, 2024
All claims for payment of legal advertisements shall be accompanied by a copy of the affidavit of publication and rate charged.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  17-2-19.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:06 - Nonreimbursable expenditures › Section 3:05:06:01 - Personal calls improper expenditure

Current through Register Vol. 51, page 10, July 15, 2024
Personal calls are not a proper claim against the state. Such calls shall be charged to an individual.
General Authority:
SDCL  4-9-1.1,  4-9-7.
Law Implemented:
SDCL  4-9-7.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:06 - Nonreimbursable expenditures › Section 3:05:06:02 - Photos - Improper expenditure

Current through Register Vol. 51, page 10, July 15, 2024
No agency shall be reimbursed from state funds for photos unless such photos are related to state business.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  3-9-8.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:06 - Nonreimbursable expenditures › Section 3:05:06:04 - The state shall not reimburse for notary seal or notary stamp.Repealed

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:06 - Nonreimbursable expenditures › Section 3:05:06:05 - No advance payments - Exception

Current through Register Vol. 51, page 10, July 15, 2024
Warrants shall be issued only for services rendered. The exceptions are advance travel and federal publications. Exceptions must have advance approval of the state auditor.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  3-9-17,  4-9-1.1.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:07 - Lost or destroyed warrants › Section 3:05:07:01 - Issuance of replacement warrants

Current through Register Vol. 51, page 10, July 15, 2024
Before replacement warrants are issued by the auditor for warrants lost or destroyed, a stop payment shall be requested by the employee or agency. A replacement payroll warrant may be issued no sooner than 10 days after the date of original issuance and may be issued only after the affidavit for duplicate has been filed with the state auditor.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  4-9-21,  4-9-22,  4-9-24.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:08 - Electronic fund transfers › Section 3:05:08:01 - Those authorized to request electronic fund transfers

Current through Register Vol. 51, page 10, July 15, 2024
An agency, department, or employee of the state of South Dakota who is authorized to request payment for goods received or services rendered may request payment to be made by electronic fund transfer.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  4-9-1.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:08 - Electronic fund transfers › Section 3:05:08:02 - Journal voucher used to request electronic fund transfers

Current through Register Vol. 51, page 10, July 15, 2024
The department shall prepare a journal voucher containing the entry code assigned for electronic fund transfers and shall forward the form to the office of the state auditor. The journal voucher shall contain an explanation of the claim and all other pertinent information in the description space. Documentation to support payment shall be included with the journal voucher.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  4-9-1.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:08 - Electronic fund transfers › Section 3:05:08:03 - Evaluation of electronic fund transfer requests (Repealed)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  4-9-1.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:08 - Electronic fund transfers › Section 3:05:08:04 - Approval and transfer of electronic fund transfers

Current through Register Vol. 51, page 10, July 15, 2024
Electronic fund transfers may only be made by the state treasurer's office with the approval of and at the direction of the state auditor's office.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  4-9-1.
South Dakota Administrative Rules › Title 3 - Office of the State Auditor › Article 3:05 - Fiscal Examination and Audits › Chapter 3:05:08 - Electronic fund transfers › Section 3:05:08:05 - File of electronic fund transfers retained

Current through Register Vol. 51, page 10, July 15, 2024
The state auditor's office shall retain one copy of all requests for electronic fund transfers and one copy of the bank confirmation.
General Authority:
SDCL  4-9-1.1.
Law Implemented:
SDCL  4-9-1.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:01 - Oil and gas leases › Section 4:01:01:01 - Terms

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL  5-1-2 shall have the same meaning in these rules.
General Authority:
SDCL  5-7-37.
Law Implemented:
SDCL  5-7-21.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:01 - Oil and gas leases › Section 4:01:01:02 - Proof of publication

Current through Register Vol. 51, page 10, July 15, 2024
All newspapers shall file proof of publication with the commissioner before the date of the auction on forms supplied by the department.
General Authority:
SDCL  5-7-37.
Law Implemented:
SDCL  5-7-21.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:01 - Oil and gas leases › Section 4:01:01:03 - Successful bidder required

Current through Register Vol. 51, page 10, July 15, 2024
Before a lease is executed, the successful bidder shall be required to pay the prorated cost of all advertising as disclosed by the proof of publication thereof filed in the office of the commissioner.
General Authority:
SDCL  5-7-37.
Law Implemented:
SDCL  5-7-21.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:01 - Oil and gas leases › Section 4:01:01:04 - Size of lease units

Current through Register Vol. 51, page 10, July 15, 2024
Leases shall be issued primarily to include units of 640 acres, more or less; and shall be issued for a lesser area only in the event that there are no other lands administered by the department contiguous to or cornering said lesser area. Each fractional acre shall be considered to be one acre.
General Authority:
SDCL  5-7-19,  5-7-37.
Law Implemented:
SDCL  5-7-19.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:01 - Oil and gas leases › Section 4:01:01:05 - Minimum rental rate

Current through Register Vol. 51, page 10, July 15, 2024
Acceptable payment in the amount computed at the rate of one dollar per acre, plus a minimum bonus calculated as provided in §§
									4:01:01:06  and 4:01:01:07  for each tract of land in each county, shall accompany each application, and this amount shall be forfeited if the applicant is the successful bidder and fails to execute the lease.
General Authority:
SDCL  5-7-24,  5-7-37.
Law Implemented:
SDCL  5-7-20,  5-7-24,  5-7-25.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:01 - Oil and gas leases › Section 4:01:01:06 - Minimum bonus by area

Current through Register Vol. 51, page 10, July 15, 2024
The minimum bonus per acre shall be determined by geographical location within the state of South Dakota. Locations are defined as follows:
(1) Area "A" is that portion of South Dakota including the counties of Butte, Meade, Ziebach, Dewey, Corson, Perkins, Pennington, Harding, Haakon, Jackson, Stanley, Jones, Lawrence, Custer, Fall River, Bennett, Tripp, Gregory, Lyman, Mellette, Shannon, Washabaugh, Todd, Campbell, Walworth, Potter, Sully, and Hughes; and
(2) Area "B" is that portion of South Dakota including the counties of Buffalo, Brule, Hyde, Hand, Faulk, Edmunds, McPherson, Charles Mix, Brown, Spink, Beadle, Jerauld, Aurora, Bon Homme, Yankton, Clay, Union, Lincoln, Minnehaha, Moody, Brookings, Deuel, Grant, Roberts, Marshall, Day, Clark, Codington, Hamlin, Kingsbury, Sanborn, Miner, Lake, Davison, Hanson, McCook, Douglas, Hutchinson, and Turner.
General Authority:
SDCL  5-7-24,  5-7-37.
Law Implemented:
SDCL  5-7-20,  5-7-24,  5-7-37.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:01 - Oil and gas leases › Section 4:01:01:07 - Minimum bonus rate

Current through Register Vol. 51, page 10, July 15, 2024
The minimum bonus is as follows:
(1) $2.00 per acre for Area "A"; and
(2) $0.50 per acre for Area "B."
General Authority:
SDCL  5-7-24,  5-7-37.
Law Implemented:
SDCL  5-7-20,  5-7-24,  5-7-37.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:01 - Oil and gas leases › Section 4:01:01:08 - Annual payment required

Current through Register Vol. 51, page 10, July 15, 2024
All oil and gas rental payments shall be payable on an annual basis. These payments will be as for rent and will cover the privilege of deferring the drilling of a well for 12 months from the anniversary date of the lease.
General Authority:
SDCL  5-7-23,  5-7-37.
Law Implemented:
SDCL  5-7-23,  5-7-24.
South Dakota Administrative Rules › Title 4 - School And Public Lands › Article 4:01 - Leases › Chapter 4:01:01 - Oil and gas leases › Section 4:01:01:09 - Procedure in event of dry hole

Current through Register Vol. 51, page 10, July 15, 2024
If the first well drilled on the land covered in one lease is dry and if the drilling of a second well is not begun within 12 months from the expiration of the last rental period for which the rental has been paid, the lease will terminate. This section will not apply if the lessee resumes payment of rentals under the conditions of the lease and these rules, on or before expiration of the 12 months period specified above.
General Authority:
SDCL  5-7-23,  5-7-37.
Law Implemented:
SDCL  5-7-23.