Printer FriendlyHouse of Representatives Journal 1/13/2011 02:00 PM
JOURNAL OF THE HOUSE
STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 13, 2011
The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Pastor Susan Carr, followed by the Pledge of
Allegiance led by House pages Caleb Finck and Roberta Forman.
Roll Call: All members present except Rep. Killer who was excused.
APPROVAL OF THE JOURNAL
MR. SPEAKER:
The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the
House has had under consideration the House Journal of the second day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Respectfully submitted,
Val Rausch, Chair
Which motion prevailed.
COMMUNICATIONS AND PETITIONS
January 12, 2011
The Honorable Val Rausch
South Dakota State House of Representatives
500 East Capitol Avenue
Pierre, South Dakota 57501
Dear Speaker Rausch and Members of the House of Representatives,
I have the honor to herewith deliver to you:
Executive Reorganization Order 2011-01.
This document has also been filed with the President of the Senate and the Secretary of State.
Respectfully submitted,
Dennis Daugaard
Governor
DD:kw
See page 48 of the House Journal for the Executive Reorganization Order 2011-01.
MOTIONS AND RESOLUTIONS
Rep. Lust moved that a committee of three on the part of the House be appointed to meet
with a like committee on the part of the Senate to make arrangements for the Joint Session to
hear the budget message of the Governor, the Honorable Dennis Daugaard.
Which motion prevailed and Mr. Speaker appointed as such committee Reps. Gosch,
Cronin, and Fargen.
Rep. Lust moved that when we adjourn today, we adjourn to convene at 12:00 p.m. on
Friday, January 14, the 4th legislative day.
Which motion prevailed.
CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES
Rep. Lust moved that the report of the Joint-Select Committee relative to the
compensation for the elected and appointed officers and employees for the Eighty-sixth
Legislative Session as found on page 30 of the House Journal be adopted.
The question being on Rep. Lust's motion that the report of the Joint-Select Committee
relative to the compensation for the elected and appointed officers and employees for the
Eighty-sixth Legislative Session as found on page 30 of the House Journal be adopted.
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon);
Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones;
Juhnke; Kirkeby; Kirschman; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman;
Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer;
Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van
Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker
Rausch
Excused:
Killer; Kloucek
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried.
Rep. Wick moved that the report of the Joint-Select Committee relative to making
arrangements for the legislative days for the Eighty-sixth Legislative Session as found on
pages 30 and 31 of the House Journal be adopted.
Which motion prevailed.
Rep. Sly moved that the report of the Joint-Select Committee relative to legislative
printing and distribution of bills and journals for the Eighty-sixth Legislative Session as found
on pages 31 and 32 of the House Journal be adopted.
Which motion prevailed.
Rep. Hunt moved that the report of the Joint-Select Committee relative to the selection
of chaplains for the Eighty- sixth Legislative Session as found on page 33 of the House Journal
be adopted.
Which motion prevailed.
Rep. Hunt moved that the report of the Joint-Select Committee relative to the
arrangements for a memorial service for the Eighty-sixth Legislative Session as found on
page 33 of the House Journal be adopted.
Which motion prevailed.
MR. SPEAKER:
Your Joint-Select Committee appointed on joint rules respectfully reports that it has had
under consideration the joint rules and recommends that the joint rules of the Eighty-fifth
Legislative Session be adopted as the joint rules of the Eighty-sixth Legislative Session with
the following changes:
1-5. Time allowed for a member to speak. Each member may speak on the pending subject
before any member speaks twice. No member may speak more than twice nor longer than ten
minutes on the same subject without the consent of a majority of the members present.
However, a member may speak an additional twenty minutes if the time is yielded by individual
members of the body. In computing the time allowed for argument, the time consumed in
asking questions is considered. If a member consents to the question, the time consumed by the
answer is taken out of the time allowed to the person answering asking the question.
CHAPTER 17. LEGISLATIVE DEADLINES
Legislative Deadlines
|
Legislative Action
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40 Day Session
|
35 Day Session
|
|
Final day for introduction of individual bills and
joint resolutions
|
15th Day
|
10th Day
|
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Final day for introduction of committee bills and
joint resolutions*
|
16th Day
|
11th Day
|
|
Last day upon which Joint Rule 5-17 can be invoked
on a bill or resolution in either house
|
26th Day
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21st Day
|
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Last day to move required delivery of bills or
resolutions by a committee to the house of origin*
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27th Day
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22nd Day
|
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Last day to pass bills or joint resolutions by the
house of origin*
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28th Day
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23rd Day
|
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Final day for introduction of concurrent resolutions
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28th Day
|
|
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During the seven final legislative days motions to
reconsider and reconsideration being made upon the
same day (any time before adjournment)
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34th Day on
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29th Day on
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Last day to move required delivery of bills or
resolutions by a committee to the second house*
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35th Day
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30th Day
|
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Last day for a bill or joint resolution to pass both
houses*
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36th Day
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31st Day
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Three Two days preceding the final day two days of
a legislative session shall be reserved for
concurrences or action upon conference committee
reports
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37th Day
38th Day
39th Day
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32nd Day
33rd Day
34th Day
|
|
The final day of a legislative session is reserved for
the consideration of vetoes
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40th Day
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35th Day
|
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* This deadline does not apply to the general appropriations bill.
|
The joint rules and the rules of the Senate and House shall be printed in the Senate
Journal.
Respectfully submitted, Respectfully submitted,
Val Rausch Bob Gray
David Lust Russell Olson
Bernie Hunhoff Jason Frerichs
House Committee Senate Committee
Rep. Lust moved that the report of the Joint-Select Committee relative to the joint rules
for the Eighty-sixth Legislative Session be adopted.
The question being on Rep. Lust's motion that the report of the Joint-Select Committee
relative to the joint rules for the Eighty-sixth Legislative Session be adopted.
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon);
Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones;
Juhnke; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser;
Munsterman; Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum;
Russell; Schaefer; Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson;
Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer;
Speaker Rausch
Excused:
Killer
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried.
HONORED GUESTS
Rep. Hubbel introduced Wade Helleson of Sioux falls as South Dakota's 2010 Milken
Educator.
Rep. Munsterman introduced Susan Turnipseed of Brookings as South Dakota's 2011
Teacher of the Year.
Rep. Lust moved that the House do now recess until 2:45 p.m., which motion prevailed
and at 2:30 p.m., the House recessed.
RECESS
The House reconvened at 2:45 p.m., the Speaker presiding.
CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES
MR SPEAKER:
Your Select Committee appointed on House rules respectfully reports that it has had under
consideration the House rules and recommends that the House rules of the Eighty-fifth
Legislative Session be adopted as the House rules of the Eighty-sixth Legislative Session with
the following changes:
Table of Contents
CHAPTER 1. PRESIDING OFFICER
CHAPTER 2. DECORUM
CHAPTER 3. COMMITTEES
CHAPTER 4. RULES
CHAPTER 5. VOTING PROCEDURE
CHAPTER 6. DISCIPLINE AND EXPULSION OF MEMBERS
CHAPTER 7. CONSENT CALENDAR
H3-1. Appointment of standing committees. The speaker of the House of Representatives
shall, with advice from the minority leader, appoint the members of the following standing
committees with the number of members as indicated after each committee and shall appoint
the chair and vice chair of each committee:
1. Agriculture and Natural Resources (13)
2. Appropriations (9)
3. Commerce and Energy (13)
4. Education (15)
5. Government Operations and Audit (5)
6. Health and Human Services (13)
7. Judiciary (13)
8. Legislative Procedure (7)
9. Local Government (13)
10. Retirement Laws (5)
11. State Affairs (13)
12. Taxation (15)
13. Transportation (13)
In the absence of the committee chair, the vice chair shall act as chair. The speaker and speaker
pro tempore are members of the legislative procedure committee, and the speaker shall serve
as chair of the legislative procedure committee.
CHAPTER 7. CONSENT CALENDAR
H7-1. Consent calendar. Notwithstanding Joint Rule 13-1, a bill requiring a two-thirds vote
of the members-elect may not be voted on the House consent calendar. If such a bill is placed
on the House consent calendar, the presiding officer shall order it removed and placed on the
next legislative day's regular bill calendar.
H7-2. Approval of consent calendar is final disposition. Notwithstanding Joint Rule 13-4,
after allowing a reasonable time for questions from the floor on the bills and resolutions on the
consent calendar and after permitting the proponents to answer the questions, the Speaker of
the
House shall call for a vote on the consent calendar. Approval of the consent calendar by a
majority of the members-elect of the House is considered final disposition of all the bills and
resolutions on the consent calendar.
Respectfully submitted,
Val Rausch
David Lust
Bernie Hunhoff
House Committee
Rep. Lust moved that the report of the House Select Committee relative to the house rules
for the Eighty-sixth Legislative Session be adopted.
The question being on Rep. Lust's motion that the report of the House Select Committee
relative to the house rules for the Eighty-sixth Legislative Session be adopted.
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Yeas:
Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert;
Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar; Hansen (Jon);
Hawley; Hickey; Hoffman; Hubbel; Hunhoff (Bernie); Hunt; Iron Cloud III; Jensen; Jones;
Juhnke; Kirkeby; Kirschman; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman;
Nelson (Stace); Novstrup (David); Olson (Betty); Perry; Romkema; Rozum; Russell; Schaefer;
Schrempp; Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville;
Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch
Excused:
Killer; Kloucek; Van Gerpen
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried.
MESSAGES FROM THE SENATE
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to the Joint Rules for the Eighty-sixth Legislative Session.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to arranging for legislative days for members, officers, and
employees of the House and Senate.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to making arrangements for the distribution of the official
directory, Senate and House journals, and bills and other legislative printing for the two houses
and the state offices.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate as adopted the report of
the Joint-Select Committee relative to making arrangements for a memorial recognition of
deceased former members of the House and Senate.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to fixing compensation for the elective and appointive
officers and members of the Eighty-sixth Legislative Session.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to securing chaplains for the Eighty-sixth Legislative
Session.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to arranging for a Joint Session to receive the State of the
Judiciary message of the Honorable David Gilbertson, Chief Justice of the Supreme Court.
Also MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens. Olson,
Brown, and Frerichs as a committee of three on the part of the Senate to meet with a like
committee on the part of the House to arrange for a Joint Session to receive the budget message
of the Governor.
Respectfully,
Trudy Evenstad, Secretary
Rep. Turbiville moved that the House do now adjourn, which motion prevailed and at
2:51 p.m. the House adjourned.
Karen Gerdes, Chief Clerk
EXECUTIVE REORGANIZATION ORDER
No. 2011-01
WHEREAS, Article IV, Section 8, of the constitution of the state of South Dakota
provides that, “Except as to elected constitutional officers, the Governor may make such
changes in the organization of offices, boards, commissions, agencies and instrumentalities,
and in allocation of their functions, powers and duties, as he considers necessary for
efficient administration. If such changes affect existing law, they shall be set forth in
executive orders, which shall be submitted to the Legislature within five legislative days
after it convenes, and shall become effective, and shall have the force of law, within ninety
days after submission, unless disapproved by a resolution concurred in by a majority of all
the members of either house”; and
WHEREAS, this executive order has been submitted to the 86th Legislative
Assembly on the 2nd legislative day, being the 12th day of January, 2011;
IT IS, THEREFORE, BY EXECUTIVE ORDER, directed that the executive branch
of state government be reorganized to comply with the following sections of this order.
GENERAL PROVISIONS
1 Section 1. This executive order shall be known and may be cited as the “Executive
Reorganization Order 2011-01”.
2 Section 2. Any agency not enumerated in this order, but established by law within
another agency which is transferred to a principal department under this order, shall also be
transferred in its current form to the same principal department and its functions shall be
allocated between itself and the principal department as they are now allocated between
itself and the agency within which it is established.
3 Section 3. “Agency” as used in this order shall mean any board, authority, commission,
department, bureau, division or any other unit or organization of state government.
4 Section 4. “Function” as used in this order shall mean any authority, power,
responsibility, duty or activity of an agency, whether or not specifically provided for by law.
5 Section 5. Unless otherwise provided by this order, division directors shall be appointed
by the head of the department or bureau of which the division is a part, and shall be
removable at the pleasure of the department or bureau head, provided, however, that both
the appointment and removal of division directors shall be subject to approval by the
Governor.
6 Section 6. It is the intent of this order not to repeal or amend any laws relating to
functions performed by an agency, unless the intent is specifically expressed in this order or
unless there is an irreconcilable conflict between this order and those laws.
7 Section 7. If a part of this order is invalid, all valid parts that are severable from the
invalid part remain in effect. If a part of this order is invalid in one or more of its
applications, the part remains in effect in all valid applications.
8 Section 8. Except when inconsistent with the other provisions of this order all rules,
regulations and standards of the agencies involved in executive reorganization in effect on
the effective date of this order, shall continue with full force and effect until they are
specifically altered, amended, or revoked in the manner provided by law, unless the
statutory authority for such rules is superseded by this order.
9 Section 9. It is hereby declared that the sections, clauses, sentences and parts of this
executive order are severable, are not matters of mutual essential inducement, and any of
them may be excised by any court of competent jurisdiction if any section, clause, sentence
or part of this executive order would otherwise be unconstitutional or ineffective.
10 Section 10. In the event that it has been determined that a function of a transferred
agency, which has not been eliminated by this order, and its associated records, personnel,
equipment, facilities, unexpended balances or appropriations, allocations or other funds
have not been clearly allocated to an agency, the Governor shall specify by interim
procedures the allocation of the function and its associated resources. At the next legislative
session following the issuance of such interim procedures, the Governor shall make
recommendations concerning the proper allocation of the functions of transferred agencies
which are not clearly allocated by this order. Any interim procedures issued in conjunction
with this section shall be filed with the Secretary of state.
11 Section 11. The rights, privileges and duties of the holders of bonds and other obligations
issued, and of the parties to contracts, leases, indentures, and other transactions entered into,
before the effective date of this order, by the state or by any agency, officer, or employee
thereof, and covenants and agreements as set forth therein, remain in effect, and none of
those rights, privileges, duties, covenants, or agreements are impaired or diminished by
abolition of an agency in this order. The agency to which functions of another agency are
transferred is substituted for that agency and succeeds to its rights and leases, indentures,
and other transactions.
12 Section 12. No judicial or administrative suit, action or other proceeding lawfully
commenced before the effective date of this order by or against any agency or any officer of
the state, in his official capacity or in relation to the discharge of his official duties, shall
abate or be affected by reason of the taking effect of any reorganization under the provisions
of this order. The court may allow the suit, action or other proceeding to be maintained by
or against the successor of any agency or any officer affected by this order.
13 Section 13. If any part of this order is ruled to be in conflict with federal requirements
which are a prescribed condition to the receipt of federal aid by the state, an agency or a
political subdivision, that part of this order has no effect and the Governor may by executive
order make necessary changes to this order to receive federal aid, and the changes will
remain in effect until the last legislative day of the next legislative session or until the
Legislature completes legislation addressed to the same question, whichever comes first.
14 Section 14. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to make the name and title changes necessary to
correlate and integrate the organizational changes made by this Executive Reorganization
Order into the South Dakota Codified Laws.
15 Section 15. Any provisions of law in conflict with this order are superseded.
16 Section 16. Whenever a function is transferred by this order, all personnel, records,
property, unexpended balances of appropriations, allocations or other funds utilized in
performing the function are also transferred by this order.
17 Section 17. The effective date of this Executive Reorganization Order 2011-01 shall be
ninety days after its submission to the Legislature.
Department of the Military created
18 Section 18. There is hereby created a Department of the Military. The head of the
Department of the Military is the Adjutant General who shall be appointed and serve
pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, §9.
Department of the Veterans Affairs created
19 Section 19. There is hereby created a Department of Veterans Affairs. The head of the
Department of the Veterans Affairs is the Secretary of Veterans Affairs who shall be
appointed and serve pursuant to the provisions of the Constitution of the State of South
Dakota, Article IV, §9.
20 Section 20. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to designate a new Title 33A, entitled Veterans
Affairs, to transfer chapters 33-16, 33-17, 33-17A, 33-18 and 33-19 to that Title and that all
references to “the Department of Military and Veterans Affairs” in those chapters be
amended to “the Department of Veterans Affairs”.
Department of Military and Veterans Affairs Abolished, functions of former
Department of Military and Veterans Affairs transferred to other Departments
21 Section 21. The Department of Military and Veterans Affairs is hereby abolished. The
position of Secretary of the Department of Military and Veterans Affairs is hereby
abolished.
22 Section 22. The Veterans Commission and its functions in the former Department of
Military and Veterans Affairs are transferred to the Department of Veterans Affairs created
by this Executive Reorganization Order. The Secretary of Veterans Affairs shall perform
the functions of the former Secretary of Department of Military and Veterans Affairs,
relating to the Veterans Commission.
23 Section 23. The Division of Veterans Affairs created by chapter 1-46 and its functions in
the former Department of Military and Veterans Affairs are transferred to the Department of
Veterans Affairs created by this Executive Reorganization Order. The Secretary of Veterans
Affairs shall perform the functions of the former Secretary of Department of Military and
Veterans Affairs, relating to the Division of Veterans Affairs.
24 Section 24. The State Veterans Home created by chapter 33-18 and its functions in the
former Department of Military and Veterans Affairs are transferred to the Department of
Veterans Affairs created by this Executive Reorganization Order. The Secretary of Veterans
Affairs shall perform the functions of the former Secretary of Department of Military and
Veterans Affairs, relating to the State Veterans Home.
25 Section 25. The Office of the Adjutant General created by chapter 1-46 and its functions
in the former Department of Military and Veterans Affairs are transferred to the Department
of the Military created by this Executive Reorganization Order. The Adjutant General shall
perform the functions of the former Secretary of Department of Military and Veterans
Affairs, relating to the Office of Adjutant General.
26 Section 26. The Board of Military Affairs created by chapter 33-1 and its functions in
the former Department of Military and Veterans Affairs are transferred to the Department of
the Military created by this Executive Reorganization Order. The Adjutant General shall
perform the functions of the former Secretary of the Department of Military and Veterans
Affairs, relating to the Board of Military Affairs.
27 Section 27. The National Guard and its functions in the former Department of Military
and Veterans Affairs are transferred to the Department of the Military created by this
Executive Reorganization Order. The Adjutant General shall perform the functions of the
former Secretary of Department of Military and Veterans Affairs, relating to the National
Guard.
Department Tribal Relations created
28 Section 28. There is hereby created a Department of Tribal Relations. The head of the
Department of Tribal Relations is the Secretary of Tribal Relations who shall be appointed
and serve pursuant to the provisions of the Constitution of the State of South Dakota,
Article IV, §9.
29 Section 29. The Office of Tribal Government Relations established by chapter 1-4 and its
functions is hereby transferred to the Department of Tribal Relations.
30 Section 30. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to designate a new chapter 1-54, entitled
Department of Tribal Relations.
Department of Labor Abolished. Department of Labor and Regulation created.
Functions of former Department of Labor transferred to
Department of Labor and Regulation
31 Section 31. The Department of Labor established pursuant to chapter 1-37 is abolished.
The position of Secretary of Labor is abolished.
32 Section 32. There is hereby created a Department of Labor and Regulation. The head of
the Department of Labor and Regulation is the Secretary of Labor and Regulation who shall
be appointed and serve pursuant to the provisions of the Constitution of the State of South
Dakota, Article IV, §9.
33 Section 33. The functions and programs of the former Department of Labor and the
duties of the Secretary of Labor are transferred to the Department of Labor and Regulation
and the Secretary of Labor and Regulation.
Department of Revenue and Regulation Abolished. Department of Revenue created.
Functions of former Department of Revenue and Regulation transferred to other
Departments
34 Section 34. The Department of Revenue and Regulation established pursuant to chapter
10-1 is abolished. The position of Secretary of Revenue and Regulation is abolished.
35 Section 35. There is hereby created a Department of Revenue. The head of the
Department of Revenue is the Secretary of Revenue who shall be appointed and serve
pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, §9.
36 Section 36. The Division of Banking created by chapter 51A-2 and its functions in the
former Department of Revenue and Regulation are transferred to the Department of Labor
and Regulation created by this Executive Reorganization Order. The Secretary of Labor and
Regulation shall perform the functions of the former Secretary of Revenue and Regulation,
relating to the Division of Banking.
37 Section 37. The South Dakota State Banking Commission created by 51A-2 and its
functions in the former Department of Revenue and Regulation are transferred to the
Department of Labor and Regulation created by this Executive Reorganization Order. The
Secretary of Labor and Regulation shall perform the functions of the former Secretary of
Revenue and Regulation, relating to the South Dakota State Banking Commission.
38 Section 38. The Division of Securities and its functions in the former Department of
Revenue and Regulation are transferred to the Department of Labor and Regulation created
by this Executive Reorganization Order. The Secretary of Labor and Regulation shall
perform the functions of the former Secretary of Revenue and Regulation, relating to the
Division of Securities.
39 Section 39. The Division of Insurance created by chapter 58-2 and its functions in the
former Department of Revenue and Regulation are transferred to the Department of Labor
and Regulation created by this Executive Reorganization Order. The Secretary of Labor and
Regulation shall perform the functions of the former Secretary of Revenue and Regulation,
relating to the Division of Insurance.
40 Section 40. The Insurance Fraud Prevention Unit created by chapter 58-4A and its
functions in the former Department of Revenue and Regulation are transferred to the
Attorney General except for the Division's assessment authority set out in 58-4A-14 which
shall remain with the Division of Insurance. The Attorney General shall perform the
functions of the former Secretary of Revenue and Regulation, relating to the Insurance
Fraud Prevention Unit.
41 Section 41. The Real Estate Commission, created by chapter 36-21A, and its functions in
the former Department of Revenue and Regulation are transferred to the Department of
Labor and Regulation created by this Executive Reorganization Order. The Secretary of
Labor and Regulation shall perform the functions of the former Secretary of Revenue and
Regulation, relating to the Real Estate Commission.
42 Section 42. The Abstractors Board of Examiners, created by chapter 36-13, and its
functions in the former Department of Revenue and Regulation are transferred to the
Department of Labor and Regulation created by this Executive Reorganization Order. The
Secretary of Labor and Regulation shall perform the functions of the former Secretary of
Revenue and Regulation, relating to the Abstractors Board of Examiners.
43 Section 43. The Appraiser Certification Program, created by chapter 36-21B, and its
functions in the former Department of Revenue and Regulation are transferred to the
Department of Labor and Regulation created by this Executive Reorganization Order. The
Secretary of Labor and Regulation shall perform the functions of the former Secretary of
Revenue and Regulation, relating to the Appraiser Certification Program.
44 Section 44. All functions of the Petroleum Release Compensation Board under chapter
34A-13 including budgeting and administrative support for the petroleum release fund in the
former Department of Revenue and Regulation are transferred to the Department of
Environment and Natural Resources created by chapter 1-40. The Secretary of Environment
and Natural Resources shall perform the functions of the former Secretary of Revenue and
Regulation, relating to the Petroleum Release Compensation Board. The petroleum release
compensation fund board shall continue as an advisory board to the Secretary of Department
of Environment and Natural Resources on issues concerning petroleum inspection and
release compensation.
45 Section 45. All functions of the Department of Transportation under chapter 34A-13 are
transferred to the Department of Environment and Natural Resources created by chapter 1-40. The Secretary of Environment and Natural Resources shall perform the functions of the
former Secretary of Transportation, relating to chapter 34A-13.
46 Section 46. The Division of the Secretariat and its functions in the former Department of
Revenue and Regulation are transferred to the Department of Revenue created by this
Executive Reorganization Order. The Secretary of Revenue shall perform the functions of
the former Secretary of Revenue and Regulation, relating to the Division of the Secretariat.
47 Section 47. The Division of Business Tax and its functions in the former Department of
Revenue and Regulation are transferred to the Department of Revenue created by this
Executive Reorganization Order. The Secretary of Revenue shall perform the functions of
the former Secretary of Revenue and Regulation, relating to the Division of Business Tax.
48 Section 48. The Division of Motor Vehicles and its functions in the former Department
of Revenue and Regulation are transferred to the Department of Revenue created by this
Executive Reorganization Order. The Secretary of Revenue shall perform the functions of
the former Secretary of Revenue and Regulation, relating to the Division of Motor Vehicles.
49 Section 49. The Division of Property and Special Taxes and its functions in the former
Department of Revenue and Regulation are transferred to the Department of Revenue
created by this Executive Reorganization Order. The Secretary of Revenue shall perform
the functions of the former Secretary of Revenue and Regulation, relating to the Division of
Property and Special Taxes.
50 Section 50. The Division of Audits and its functions in the former Department of
Revenue and Regulation are transferred to the Department of Revenue created by this
Executive Reorganization Order. The Secretary of Revenue shall perform the functions of
the former Secretary of Revenue and Regulation, relating to the Division of Audits.
51 Section 51. The Division of Lottery, created by chapter 42-7A and its functions in the
former Department of Revenue and Regulation are transferred to the Department of
Revenue created by this Executive Reorganization Order. The Secretary of Revenue shall
perform the functions of the Executive Director of the Lottery and the former Secretary of
Revenue and Regulation, relating to the Division of Lottery.
52 Section 52. The Lottery Commission, created by chapter 42-7A and its functions in the
former Department of Revenue and Regulation are transferred to the Department of
Revenue created by this Executive Reorganization Order. The Secretary of Revenue shall
perform the functions of the former Secretary of Revenue and Regulation, relating to the
Lottery Commission.
53 Section 53. The Commission on Gaming, created by chapter 42-7B and its functions in
the former Department of Revenue and Regulation are transferred to the Department of
Revenue created by this Executive Reorganization Order. The Secretary of Revenue shall
perform the functions of the former Secretary of Revenue and Regulation, relating to the
Commission on Gaming.
Department of Tourism created
54 Section 54. There is hereby created a Department of Tourism. The head of the
Department of Tourism is the Secretary of Tourism who shall be appointed and serve
pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, §9.
Governor's Office of Economic Development created
55 Section 55. There is hereby created a Governor's Office of Economic Development
within the Department of Executive Management. The head of the Governor's Office of
Economic Development is the Commissioner of the Governor's Office of Economic
Development who shall be appointed and serve pursuant to the provisions of the
Constitution of the State of South Dakota, Article IV, §9.
56 Section 56. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to designate a new chapter 1-53, entitled
Governor's Office of Economic Development and that § 1-52-3.2, 1-52-3.3, 1-52-3.4, 1-52-3.5, 1-52-13 be transferred to that chapter.
Department of Tourism and State Development Abolished. Functions of former
Department of Tourism and State Development transferred to other Departments
57 Section 57. The Department of Tourism and State Development is hereby abolished. The
position of Secretary of the Department of Tourism and State Development is hereby
abolished.
58 Section 58. The Governor's Office of Economic Development referenced in chapter 1-52
and its functions in the Department of Tourism and State Development are transferred to the
Governor's Office of Economic Development created by this Executive Reorganization
Order. The Commissioner of the Governor's Office of Economic Development shall
perform the functions of the former Secretary of Department of Tourism and State
Development relating to the activities of the Governor's Office of Economic Development.
59 Section 59. The Office of Research Commerce and its functions in the Department of
Tourism and State Development are transferred to the Governor's Office of Economic
Development created by this Executive Reorganization Order. The Commissioner of the
Governor's Office of Economic Development shall perform the functions of the former
Secretary of Department of Tourism and State Development relating to the activities of the
Office of Research Commerce.
60 Section 60. The Economic Development Finance Authority created by Chapter 1-16B
and its functions in the Department of Tourism and State Development are transferred to the
Governor's Office of Economic Development created by this Executive Reorganization
Order. The Commissioner of the Governor's Office of Economic Development shall
perform the functions of the former Secretary of Department of Tourism and State
Development relating to the activities of the Economic Development Finance Authority.
61 Section 61. The Board of Economic Development created by Chapter 1-16G and its
functions in the Department of Tourism and State Development are transferred to the
Governor's Office of Economic Development created by this Executive Reorganization
Order. The Commissioner of the Governor's Office of Economic Development shall
perform the functions of the former Secretary of Department of Tourism and State
Development relating to the activities of the Board of Economic Development.
62 Section 62. The South Dakota Housing Development Authority created by chapter 11-11,
and its functions in the former Department of Tourism and State Development are
transferred to the Governor's Office of Economic Development created by this Executive
Reorganization Order. The Commissioner of the Governor's Office of Economic
Development shall perform the functions of the former Secretary of the Department of
Tourism and State Development, relating to the South Dakota Housing Development
Authority.
63 Section 63. The South Dakota Science and Technology Authority created by chapter 1-16H and its functions in the Department of Tourism and State Development are transferred
to the Governor's Office of Economic Development created by this Executive
Reorganization Order. The Commissioner of the Governor's Office of Economic
Development shall perform the functions of the former Secretary of Department of Tourism
and State Development relating to the activities of the South Dakota Science and
Technology Authority.
64 Section 64. The South Dakota Energy Infrastructure Authority created by chapter 1-16I
and its functions in the Department of Tourism and State Development are transferred to the
Governor's Office of Economic Development created by this Executive Reorganization
Order. The Commissioner of the Governor's Office of Economic Development shall
perform the functions of the former Secretary of Department of Tourism and State
Development relating to the activities of the South Dakota Energy Infrastructure Authority.
65 Section 65. The South Dakota Ellsworth Development Authority created by chapter 1-16J and its functions in the Department of Tourism and State Development are transferred to
the Governor's Office of Economic Development created by this Executive Reorganization
Order. The Commissioner of the Governor's Office of Economic Development shall
perform the functions of the former Secretary of Department of Tourism and State
Development relating to the activities of the South Dakota Ellsworth Development
Authority.
66 Section 66. The Office of Tourism and its functions in the former Department of Tourism
and State Development are transferred to the Department of Tourism created by this
Executive Reorganization Order. The Secretary of Tourism shall perform the functions of
the former Secretary of Tourism and State Development, relating to the Office of Tourism.
67 Section 67. The Board of Tourism created by chapter 1-52 and its functions in the former
Department of Tourism and State Development are transferred to the Department of
Tourism created by this Executive Reorganization Order. The Secretary of Tourism shall
perform the functions of the former Secretary of Tourism and State Development, relating to
the Board of Tourism.
68 Section 68. The South Dakota Arts Council, created by chapter 1-22, and its functions in
the former Department of Tourism and State Development are transferred to the Department
of Tourism created by this Executive Reorganization Order. The Secretary of Tourism
shall perform the functions of the former Secretary of Tourism and State Development,
relating to the South Dakota Arts Council.
69 Section 69. The Office of History in the former Department of Tourism and State
Development and its functions are transferred to the Department of Tourism created by this
Executive Reorganization Order. The Secretary of the Department of Tourism shall perform
the functions of the former Secretary of Tourism and State Development, relating to the
Office of History.
Certain Divisions of the Department of Human Services transferred to the
Department of Social Services, Mental Health Division
70 Section 70. The Division of Alcohol and Drug Abuse created by chapter 1-36A is hereby
transferred from the Department of Human Services to the Mental Health Division,
Department of Social Services. The Secretary of the Department of Social Services shall
perform the functions of the former Secretary of the Department Human Services, relating
to the Division of Alcohol and Drug Abuse.
71 Section 71. The Human Services Center, Yankton, created by chapter 1-36A is hereby
transferred from the Department of Human Services to the Mental Health Division,
Department of Social Services. The Secretary of the Department of Social Services shall
perform the functions of the Secretary of the Department Human Services, relating to the
Human Services Center, Yankton.
72 Section 72. The Division of Mental Health created by chapter 1-36A is hereby
transferred from the Department of Human Services to the Mental Health Division,
Department of Social Services. The Secretary of the Department of Social Services shall
perform the functions of the Secretary of the Department of Human Services, relating to the
Division of Mental Health.
73 Section 73. The Board of Social Work Examiners, created by chapter 36-26, and its
functions in the former Department of Human Services are transferred to the Department of
Social Services. The Secretary of the Department of Social Services shall perform the
functions of the Secretary of the Department of Human Services, relating to the Board of
Social Work Examiners.
74 Section 74. The Board of Examiners of Psychologists, created by chapter 36-27A, and its
functions in the former Department of Human Services are transferred the Department of
Social Services. The Secretary the Department of Social Services shall perform the
functions of the Secretary of the Department of Human Services, relating to the Board of
Examiners of Psychologists.
75 Section 75. The Board of Counselor Examiners, created by chapter 36-32, and its
functions in the former Department of Human Services are transferred the Department of
Social Services. The Secretary of the Department of Social Services shall perform the
functions of the Secretary of the Department of Human Services, relating to the Board of
Counselor Examiners.
76 Section 76. The Certification Board for Alcohol and Drug Professionals created by
chapter 36-34, and its functions in the former Department of Human Services are transferred
the Department of Social Services. The Secretary of the Department of Social Services shall
perform the functions of the Secretary of the Department of Human Services, relating to the
Certification Board for Alcohol and Drug Professionals.
77 Section 77. The Mental Health Planning and Coordination Advisory Board and its
functions in the former Department of Human Services are transferred the Department of
Social Services. The Secretary of the Department of Social Services shall perform the
functions of the Secretary of the Department of Human Services, relating to the Mental
Health Planning and Coordination Advisory Board.
78 Section 78. The Drug and Alcohol Abuse Advisory Council and its functions in the
former Department of Human Services are transferred the Department of Social Services.
The Secretary of the Department of Social Services shall perform the functions of the
Secretary of the Department of Human Services, relating to the Drug and Alcohol Abuse
Advisory Council.
Other Reorganization Provisions
79 Section 79. The authority of the State Brand Board to employ law enforcement officers
pursuant to SDCL 40-18-14 and related functions are transferred to the Office of the
Attorney General, Division of Criminal Investigation. The Attorney General of the State of
South Dakota shall perform the functions relating to the enforcement of the
provisions of
chapters 40-19 to 40-22, inclusive, and chapter 40-29.
80 Section 80. That § 1-4-1 be transferred to chapter 1-54 and amended to read as follows:
1-4-1. The Office of Tribal Governmental Relations Department of Tribal Relations is
hereby established to shall aid in securing and coordinating federal, state, and local
resources to help solve Indian problems and to serve as an advocate of the Indian for Native
American people.
81 Section 81. That § 1-4-1.1 be repealed.
82 Section 82. That § 1-4-25 be transferred to chapter 1-54.
83 Section 83. That § 1-4-26 be transferred to chapter 1-54.
84 Section 84. That §1-16B-10 be amended to read as follows:
1-16B-10. The Secretary of tourism and state development Commissioner of the
Governor's Office of Economic Development shall serve as the chief administrative officer
and direct and supervise the administration and technical affairs of the authority.
85 Section 85. That §1-16G-1 be amended to read as follows:
1-16G-1. There is created a Board of Economic Development and the Governor may
appoint up to thirteen members to consult with and advise the Governor and the Secretary of
tourism and state development Commissioner of the Governor's Office of Economic
Development in carrying out the functions of the office. The members of the board shall be
appointed by the Governor for four-year terms of office so arranged that no more than four
members' terms expire in any given year. Not all members may be from the same political
party. The Governor shall designate the terms at the time of appointment. Any member
appointed to fill a vacancy arising from other than the natural expiration of a term shall
serve only the unexpired portion of the term.
86 Section 86. That §1-16G-24 be amended to read as follows:
1-16G-24. Earnings on the revolving economic development and initiative fund and the
value added agriculture subfund may be used for the administrative costs of the Division of
Finance of the Governor's Office of Economic Development. Such earnings shall be
expended in accordance with the provisions of Title 4 on warrants drawn by the state auditor
on vouchers approved by the Secretary of tourism and state development Commissioner of
the Governor's Office of Economic Development. Eligible expenses may not exceed total
interest earnings during the previous fiscal year prior to the deduction of loan losses for the
same fiscal year.
87 Section 87. That §1-16H-38 be amended to read as follows:
1-16H-38. The authority is attached to the Department of Tourism and State Development
Governor's Office of Economic Development for reporting purposes. The authority shall
submit such records, information, and reports in the form and at such times as required by
the Secretary Commissioner. However, the authority shall report at least annually.
88 Section 88. That §1-16I-38 be amended to read as follows:
1-16I-38. The authority is attached to the Department of Tourism and State Development
Governor's Office of Economic Development for reporting purposes. The authority shall
submit such records, information, and reports in the form and at such times as required by
the Secretary Commissioner. However, the authority shall report at least annually.
89 Section 89. That §1-16J-3 be amended to read as follows:
1-16J-3. The authority is attached to the Department of Tourism and State Development
Governor's Office of Economic Development for reporting purposes. The authority shall
submit such records, information, and reports in the form and at such times as required by
the Secretary Commissioner of the Department of Tourism and State Development
Governor's Office of Economic Development. However, the authority shall report to the
Governor at least annually.
90 Section 90. That §1-18-1.1 be repealed.
91 Section 91. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to amend the following sections by deleting
“and State Development”:
1-18-2; 1-18-2.2; 1-18-3; 1-18-20; 1-18-32.1; 1-18B-1; 1-18C-3; 1-18C-6;
1-19-2.1; 1-19B-8; 1-19-A-2; 1-19C-2.1; 1-20-19; 1-20-20; 1-22-5.1; 1-52-1;
1-52-14; 1-52-17; 5-15-49; 31-2-23; 31-29-62.
92 Section 92. That §1-22-2.3 be amended to read as follows:
1-22-2.3. The arts council shall continue, with all its functions, in the Department of
Tourism
and State Development. The Secretary of the Department of Tourism
and State
Development shall perform the functions formerly exercised by the former Secretary of the
Department of
Tourism and State Development Education and Cultural Affairs, relating to
the arts council.
93 Section 93. That §1-32-2 be amended to read as follows:
1-32-2. For the purposes of achieving reorganization under the terms of S.D. Const., Art.
IV, § 8, the following principal departments are established:
(1) Department of Executive Management;
(2) Department of Public Safety;
(3) Department of Social Services;
(4) Department of Labor
and Regulation;
(5) Department of Education;
(6) Department of Environment and Natural Resources;
(7) Department of Game, Fish and Parks;
(8) Department of Health;
(9) Department of Agriculture;
(10) Department of Transportation;
(11) Department of
the Military
and Veterans Affairs;
(12) Department of Revenue
and Regulation;
(13) Department of Human Services;
(14) Department of Tourism
and State Development. ;
(15) Department of Veterans Affairs;
(16) Department of Tribal Relations;
94 Section 94. That § 1-32-7 be amended to read as follows:
1-32-7. The secretaries of the Departments of Health, Agriculture, Public Safety, Revenue
and Regulation, Labor and Regulation and Human Services are hereby authorized to enter
into mutual agreements, transferring among the departments any health or consumer
protection inspection function assigned to any one of the three departments so as to promote
the effectiveness and efficiency of such functions. Any such mutual agreements shall be
approved by the Governor and shall be filed in the Office of the Secretary of State.
95 Section 95. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to amend the following sections by deleting
“Department of Tourism and State Development”, and inserting “Governor's Office of
Economic Development”:
1-33B-14; 1-33B-14; 1-33B-15; 6-18-1; 6-18-1; 11-11-1.
96 Section 96. That § 1-33-3 be amended to read as follows.
1-33-3. The Department of Executive Management consists of the Bureau of Finance and
Management, the Bureau of Intergovernmental Relations, the Bureau of Administration, the
Bureau of Personnel, and the Bureau of Information and Telecommunications, the
Governor's Office of Economic Development and any other agencies created by
administrative action or law and placed under the Department of Executive Management.
97 Section 97. That § 1-33B-22 be amended to read as follows.
1-33B-22. Disbursements from the energy conservation special revenue fund shall be paid
on warrants drawn by the state auditor on vouchers approved by the Secretary of the
Department of Tourism and State Development Commissioner of the Governor's Office of
Economic Development.
98 Section 98. That § 1-42-17.6 be repealed.
99 Section 99. That § 1-35-4 be amended to read as follows:
1-35-4. The Department of Revenue Labor and Regulation shall, under the direction and
control of the Secretary of Revenue Labor and Regulation, perform all administrative
functions (as defined in § 1-32-1) of the following divisions:
(1) The Division of Banking, created by chapter 51A-2;
(2) The Division of Securities, created by § 47-31A-406(c);
(3) The Division of Insurance, created by chapter 58-2.
This section does not apply to the special budgetary functions (as defined in § 1-32-1) of the
State Banking Commission created by chapter 51A-2.
100 Section 100. That § 1-36A-1.3 be amended to read as follows:
1-36A-1.3. The Department of Human Services shall consist of the following agencies:
(1) The Division of Developmental Disabilities, to be created from the Office of
Developmental Disabilities and Mental Health in the Department of Social Services;
(2) South Dakota Developmental Center--Redfield;
(3) The Division of Alcohol and Drug Abuse;
(3) (4) The Division of Rehabilitation Services, to be transferred from the
Department of Vocational Rehabilitation;
(4) (5) The Division of Service to the Blind and Visually Impaired, to be
transferred from the Department of Vocational Rehabilitation .
(6) The Division of Mental Health, to be created from the Office of
Developmental Disabilities and Mental Health in the Department of Social Services; and
(7) The South Dakota Human Services Center.
101 Section 101. That 1-36-1.4 be repealed.
102 Section 102. That § 1-36A-1.5 be amended to read as follows:
1-36A-1.5. The following boards and advisory councils shall be administered by are
hereby continued and transferred to the Department of Human Services:
(1) The planning council on developmental disabilities;
(2) The mental health planning and coordination advisory board;
(2) (3) The board of vocational rehabilitation; and
(4) The drug and alcohol abuse advisory council; and
(3) (5) The board of service to the blind and visually impaired.
103 Section 103. That § 1-36A-1.18 be amended to read as follows:
1-36A-1.18. The Department of Human Services and the Department of Social Services
may expend from any appropriation of money for the construction of any public building
that may lawfully be constructed under its supervision, or from any appropriation made for
such purposes, sufficient funds to purchase and secure such protection from loss by fire
during the erection of such building as may be proper in the judgment of the Secretary of
Human Services or the Secretary of Social Services.
104 Section 104. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to amend the following sections by striking
“Department of Human Services” and inserting “The Department of Human Services and
the Department of Social Services”:
1-36A-1.19; 1-36A-1.20; 1-36A-1.22; 1-36A-1.23.
105 Section 105. That 1-36-7.3 be repealed.
106 Section 106. That §1-36A-3.1 be repealed.
107 Section 107. That §1-36A-3.2 be repealed.
108 Section 108. That §1-36A-3.3 be repealed.
109 Section 109. That §1-47-1 be repealed.
110 Section 110. That §1-47-2 be amended to read as follows:
1-47-2. The head of the Department of Revenue and Regulation is the Secretary of
Revenue and Regulation who shall be appointed by the Governor, by and with the consent
of the senate, and serve at the pleasure of the Governor.
111 Section 111. That § 1-47-3 be amended to read as follows:
1-47-3. The Department of Revenue and Regulation shall, under the direction and control
of the Secretary of Revenue and Regulation, perform all the functions of the Department of
Revenue and Regulation created by chapter 10-1.
112 Section 112. That § 1-47-5 be repealed.
113 Section 113. That § 1-47-6 be amended to read as follows:
1-47-6. The Division of Banking created by chapter 51A-2 and its functions in the former
Department of Commerce Revenue and Regulation are transferred to the Department of
Revenue Labor and Regulation. The Secretary of the Department of Revenue Labor and
Regulation shall perform the functions of the former Secretary of the Department of
Commerce Revenue and Regulation, relating to the Division of Banking.
114 Section 114. That § 1-47-7 be amended to read as follows:
1-47-7. The South Dakota State Banking Commission shall continue in the Department of
Revenue Labor and Regulation. The Secretary of the Department of Revenue Labor and
Regulation shall perform the functions of the former Secretary of the Department of
Revenue and Regulation Commerce and Regulation, relating to the South Dakota State
Banking Commission.
115 Section 115. That § 1-47-8 be amended to read as follows:
1-47-8. The Division of Securities, created pursuant to § 47-31A-406(c) and its functions
in the former Department of Commerce Revenue and Regulation are transferred to the
Department of Revenue Labor and Regulation. The Secretary of the Department of Revenue
Labor and Regulation shall perform the functions of the former Secretary of the Department
of Commerce Revenue and Regulation, relating to the Division of Securities.
116 Section 116. That § 1-47-9 be amended to read as follows:
1-47-9. The Division of Insurance created by chapter 58-2 and its functions listed under
Title 58, in the former Department of Commerce Revenue and Regulation are transferred to
the Department of Revenue Labor and Regulation. The Secretary of the Department of
Revenue Labor and Regulation shall perform the functions of the former Secretary of the
Department of Commerce Revenue and Regulation, relating to the Division of Insurance.
All references to the former Department of Commerce and Regulation found in Title 58 are
to be changed to Department of Revenue and Regulation.
117 Section 117. That § 1-47-10 be amended to read as follows:
1-47-10. The Commission on Gaming and its functions, including those functions under
chapters 42-7 and 42-7B, in the former Department of
Commerce Revenue and Regulation
are transferred to the Department of Revenue and Regulation. The Secretary of the
Department of Revenue and Regulation shall perform the functions of the former Secretary
of the Department of Commerce Revenue and Regulation, relating to the Commission on
Gaming.
118 Section 118. That § 1-47-11 be amended to read as follows:
1-47-11. The Insurance Fraud Prevention Unit and its functions created and authorized by
chapter 58-4A in the former Department of Commerce Revenue and Regulation are
transferred to the Department of Revenue and Regulation the Attorney General. The
Secretary of the Department of Revenue and Regulation Attorney General shall perform the
functions of the former Secretary of the Department of Commerce Revenue and Regulation,
relating to the Insurance Fraud Prevention Unit.
119 Section 119. That § 1-47-12 be amended to read as follows:
1-47-12. All functions of the Petroleum Release Compensation Board under chapter 34A-13 and its functions in the former Department of Commerce Revenue and Regulation are
transferred to the Department of Revenue and Regulation Environment and Natural
Resources created by this Executive Reorganization Order. The Secretary of the Department
of Revenue and Regulation Environment and Natural Resources shall perform the functions
of the former Secretary of the Department of Commerce Revenue and Regulation, relating
to the Petroleum Release Compensation Fund. The petroleum release compensation fund
board shall continue as an advisory board to the Secretary of Revenue and Regulation
Environment and Natural Resources on issues concerning petroleum inspection and release
compensation.
120 Section 120. That § 1-47-13 be amended to read as follows:
1-47-13. The Abstractors Board of Examiners, created by chapter 36-13, and its functions
in the former Department of Commerce Revenue and Regulation are transferred to the
Department of Revenue Labor and Regulation. The Secretary of the Department of Revenue
Labor and Regulation shall perform the functions of the former Secretary of the Department
of Commerce Revenue and Regulation, relating to the Abstractors Board of Examiners.
121 Section 121. That § 1-47-13 be amended to read as follows:
1-47-14. The Real Estate Commission created by chapter 36-21A and its functions in the
former Department of Commerce Revenue and Regulation are transferred to the Department
of Revenue Labor and Regulation. The Secretary of the Department of Revenue Labor and
Regulation shall perform the functions of the former Secretary of the Department of
Commerce Revenue and Regulation, relating to the Real Estate Commission.
122 Section 122. That § 1-52-2 be amended to read as follows.
1-52-2. The Department of Tourism
and State Development established pursuant to chapter
1-42 is abolished. The position of Secretary of tourism
and state development is abolished.
The
following functions of the former Department of Tourism
and State Development are
transferred to the Department of Tourism
and State Development created by this Executive
Reorganization Order:
(1) Office of Tourism;
(2) Board of Tourism;
(3) Office of History;
(4) State Historical Society Board of Trustees;
(5) State Arts Council; and
such other tourism related functions as the Governor shall direct.
The Secretary of the Department of Tourism and State Development shall perform the
functions of the former Secretary of the Department of Tourism and State Development
related to tourism.
123 Section 123. That § 1-52-3 be repealed.
124 Section 124. That § 1-52-4 be transferred to chapter 1-53 and amended to read as follows.
1-52-4. The Economic Development Finance Authority created by Chapter 1-16B and its
functions in the Governor's Office of Economic Development, Department of Executive
Management are transferred to the Governor's Office of Economic Development
The Secretary of the Department of Tourism and State Development The
Commissioner of the Governor's Office of Economic Development shall perform the
functions of the former Commissioner of the Governor's Office of Economic Development
Secretary of Tourism and State Development relating to the activities of the Economic
Development Finance Authority.
125 Section 125. That § 1-52-5 be transferred to chapter 1-53 and amended to read as follows:
1-52-5. The Board of Economic Development created by Chapter 1-16G and its functions
in the Governor's Office of Economic Development, Department of Executive Management
are transferred to the Department of Tourism and State Development Governor's Office of
Economic Development created by this Executive Reorganization Order. The Secretary of
the Department of Tourism and State Development Commissioner of the Governor's Office
of Economic Development shall perform the functions of the former Commissioner of the
Governor's Office of Economic Development Secretary of the Department of Tourism and
State Development relating to the activities of the Board of Economic Development.
126 Section 126. That § 1-52-6 be repealed.
127 Section 127. That § 1-52-7 be repealed.
128 Section 128. That § 1-52-8 be amended to read as follows.
1-52-8. The Cultural Heritage Center, Division of Cultural Affairs and its functions in the
former Department of Education and Cultural Affairs are transferred to the Department of
Tourism and State Development created by this Executive Reorganization Order. The
Secretary of the Department of Tourism and State Development shall perform the functions
of the former Secretary of the Department of Education and Cultural Affairs Tourism and
State Development, relating to the Cultural Heritage Center.
129 Section 129. That § 1-52-9 be amended to read as follows.
1-52-9. The Office of History in the Division of Cultural Affairs, Department of Education
and Cultural Affairs and its functions are transferred to the Department of Tourism and State
Development created by this Executive Reorganization Order. The Secretary of the
Department of Tourism and State Development shall perform the functions of the former
Secretary of the Department of Education and Cultural Affairs Tourism and State
Development, relating to the Office of History.
130 Section 130. That § 1-52-10 be transferred to chapter 1-53 and amended to read as
follows:
1-52-10. The South Dakota Housing Development Authority created by chapter 11-11, and
its functions in the former Department of Commerce and Regulation Tourism and State
Development are is transferred to the Department of Tourism and State Development
Governor's Office of Economic Development created by this Executive Reorganization
Order. The Secretary Commissioner of the Department of Tourism and State Development
Governor's Office of Economic Development shall perform the functions of the former
Secretary of the Department of Commerce and Regulation Tourism and State Development,
relating to the South Dakota Housing Development Authority.
131 Section 131. That § 1-52-11 be transferred to chapter 1-54 and amended to read as
follows.
1-52-11. The Office of Tribal Government Relations established by chapter 1-4 is
transferred to the Department of Tourism and State Development Tribal Relations.
132 Section 132. That § 1-52-12 be transferred to chapter 1-54 and amended to read as
follows:
1-52-12. The Governor shall invite and solicit the officials of the Bureau of Indian Affairs
and officials of the Division of Indian Health of the United States Public Health Service, the
United States Departments of Housing and Urban Development, Labor, Justice, Agriculture,
and Transportation, and the United States Department of Health and Human Services, the
United States Attorney's Office for the district of South Dakota and the United States
Economic Development Administration, to participate and act in an advisory capacity to the
Department Office of Tribal
Governmental Relations.
Any state agency, commission, board, department, or institution shall render such advice
and assistance to the Department Office of Tribal Governmental Relations as the office may
deem necessary in fulfillment of the provisions of this chapter.
133 Section 133. That subsection (12) of § 2-14-2 be amended to read as follows:
(12) "Full-time equivalent" or "FTE," a number which designates staffing level
where one full-time equivalent position is equal to the number of days, Monday through
Friday, in a fiscal year, multiplied by eight hours per day. It excludes: paid overtime hours;
hours paid to an employee assigned to a light duty position as approved by the
Commissioner of the Bureau of Personnel due to a temporary partial disability as defined in
subdivision 62-1-1(8); hours paid for accumulated annual leave and sick leave upon
employee termination; hours paid to patient employees of the institutions under the control
of the Department of Human Services
or the Department of Social Services and the
Department of
Military and Veterans Affairs; hours paid to work-study students enrolled in
postsecondary educational institutions or postsecondary students employed pursuant to
chapter 3-6B; hours paid to students enrolled in and employed by postsecondary educational
institutions; and hours paid to members of boards and commissions pursuant to § 4-7-10.4.
For purposes of salary computation a nine month or more per year full-time teaching or
research faculty person, or the equivalent thereof, at the institutions under the jurisdiction of
the Board of Regents shall be considered one full-time equivalent;
134 Section 134. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to amend the following sections by deleting
“Department of Human Services” and inserting, “Department of Human Services or the
Department of Social Services”:
5-18A-22; 13-32-13; 13-53-29; 22-24B-13; 22-24B-23; 23A-10A-13; 23A-28C-5;
26-8A-12.2; 27A-3-8;
135 Section 135. That § 10-1-1.1 be repealed.
136 Section 136. That § 10-1-2 be repealed.
137 Section 137. That § 32-1-1.1 be repealed.
138 Section 138. That §33-1-2.1 be amended to read as follows:
33-1-2.1. The Office of the Adjutant General and all other powers, duties, and functions of
the adjutant general shall continue in the Department of the Military
and Veterans Affairs.
139 Section 139. That §33-6-8 be amended to read as follows:
33-6-8. Any person desiring to use the benefits of either § 33-6-5 or 33-6-6 shall apply to
the Department of the Military and Veterans Affairs. The adjutant general Secretary of the
military and veterans affairs shall determine if that person is entitled to the benefits of
§§ 33-6-5 to 33-6-8, inclusive. The adjutant general Secretary of military and veterans
affairs may promulgate rules pursuant to chapter 1-26 to accomplish the purposes of §§ 33-6-5 to 33-6-8, inclusive, and to establish the procedures for determining awards, the records
to be maintained and the procedure for an appeal.
140 Section 140. That §33-16-2.1 be repealed.
141 Section 141. That §33-16-3 be transferred to Title 33A and amended to read as follows:
33-16-3. Adequate office space for the Division Department of Veterans Affairs shall be
provided in the Soldiers and Sailors Memorial Building or in other suitable space at the state
capital.
142 Section 142. That §33-16-4.1 be transferred to Title 33A and amended to read as follows:
33-16-4.1. The Veterans Commission shall be administered under the direction and
supervision of the Division Department of Veterans' Affairs and the director Secretary
thereof, but shall retain the quasi-judicial, quasi-legislative, advisory, other
nonadministrative and special budgetary functions (as defined in § 1-32-1) otherwise vested
in it and shall exercise those functions independently of the director Secretary of Veterans'
Affairs. The commission shall nominate the director of veterans affairs to be appointed
pursuant to § 1-46-7.
143 Section 143. That §33-16-8 be repealed.
144 Section 144. That §33-16-9 be transferred to Title 33A and amended to read as follows:
33-16-9. The director Secretary of the Division Department of Veterans Affairs shall give
bond to the state in the sum of ten thousand dollars, premium on said bond to be paid out of
funds of the division.
145 Section 145. That §33-16-11 be transferred to Title 33A and amended to read as follows:
33-16-11. The director Secretary of the Division Department of Veterans Affairs shall,
with the approval of the Department of Military and Veterans Affairs, establish and
maintain a sufficient office and field force to carry out the provisions of this chapter,
including representation at the veterans administration facility in this state.
146 Section 146. That §33-16-12 be transferred to Title 33A and amended to read as follows:
33-16-12. The Director Secretary shall make an annual written report to the Governor
which shall be open to public inspection.
147 Section 147. That §33-16-13 be transferred to Title 33A and amended to read as follows:
33-16-13. All employees of the Division Department of Veterans Affairs below the level of
Director Secretary shall be selected as provided by chapter 3-6A. However, all employees
shall be veterans, if available. These employees shall perform duties assigned to them by the
Department of Military and Veterans Affairs.
148 Section 148. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to transfer the following sections to Title 33A
and amend the them by deleting, “Division” and inserting, “Department”.
33-16-14; 33-16-16; 33-16-17; 33-16-19; 33-16-20; 33-16-21; 33-16-22;
33-16-23; 33-16-25; 33-16-26; 33-16-27.2; 33-16-28.3; 33-17-3; 33-17-6;
149 Section 149. That §33-16-18 be transferred to Title 33A and amended to read as follows:
33-16-18. The
Division Department of Veterans Affairs shall cooperate with all national,
state, county, municipal, and private social agencies in securing to veterans and their
dependents the benefits provided by national, state, and county laws, municipal ordinances,
or public or private social agencies. To that end, the
Division Department may hold schools
of instruction for county service officers, or call in for instruction individual county service
officers if, in the judgment of the
Department of
Military and Veterans Affairs, the giving of
such instructions or holding of such schools is in the best interest of the work of the
Division Department. The
Division Department may pay the actual necessary expenses of
any such county service officer when attending such schools of instruction away from the
officer's home county, out of the funds appropriated for the administration of the
Division
Department of Veterans Affairs. The expenses may be paid out only on duly itemized
vouchers presented to the state auditor and approved by the
Director Secretary of the
Division Department.
150 Section 150. That §33-16-24 be transferred to Title 33A and amended to read as follows:
33-16-24. The board of county Commissioners of each county in this state shall employ or
join with another county or counties in employing a county veterans' service officer who,
before such employment takes effect, is approved by the state Director Secretary of veterans
affairs. The county veteran's service officer's first appointment ends on the first Monday in
January of the second year subsequent to the year of the appointment. The county veteran's
service officer may be reappointed for terms of four years for each term. The appointment is
subject to removal by the board or boards of county Commissioners upon the
recommendation of the state Director Secretary of Veterans' Affairs or for cause.
151 Section 151. That §33-16-27.1 be transferred to Title 33A and amended to read as
follows:
33-16-27.1. The Division Department of Veterans Affairs of the of Military and Veterans
Affairs shall establish a training program for county veterans service officers. Every county
veterans service officer employed under the provisions of this chapter shall annually
complete the training program established by the Division Department and successfully
complete a test administered by the Division Department of Veterans Affairs. The Director
Secretary of the Division Department of Veterans Affairs shall certify training compliance
to the board of county Commissioners. The Director Secretary shall recommend against
reappointment of any county veterans service officer not in compliance with the provisions
of this section.
152 Section 152. That §33-17-14 be transferred to Title 33A and amended to read as follows:
33-17-14. The provisions of subdivision 43-28-2(7) apply to certificates of discharge of all
persons who may have served in the military forces of the United States or of any of its
allies in any war in which the United States has or may hereafter engage, or who are
veterans as defined in § 33-17-1. The certificates shall be recorded without charge and
certified copies shall be furnished to the persons named therein or their dependents without
charge if requested for the purpose of presenting or prosecuting claims for compensation or
pension. Otherwise, a discharge document recorded by the recorder or a designated official
may be made available only to the veteran, the veteran's parents, the veteran's next of kin,
the veteran's legal representative, a county veterans service officer, a veterans' organization
service officer, the Department of Military and Veterans Affairs, or the veteran's designee.
Any person requesting a discharge document shall complete a form containing a statement
specifying the person's eligibility to receive the document based upon this section. The
Department of Military and Veterans Affairs shall provide such forms to each county
register of deeds.
153 Section 153. That §33-17-19 be transferred to Title 33A and amended as follows:
33-17-19. The director Secretary shall appoint such officers and employ such clerks,
assistants, and other help as may be necessary, and fix their bonds, salaries, and
compensation.
154 Section 154. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to amend the following sections by deleting
“Revenue and Regulation”, and inserting, “Environment and Natural Resources”:
34A-13-14; 34A-13-17; 34A-6-68.
155 Section 155. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to amend the following sections by deleting
“Transportation” and inserting, “Environment and Natural Resources”:
34A-13-18; 34A-13-27; 34A-14-7; 34A-14-9.
156 Section 156. That §34A-13-49 be amended to read as follows:
34A-13-49. There is hereby created within the petroleum release compensation fund, a new
program to be known as the abandoned tank removal program. Under this program, the
director may provide payments for tank pulling and corrective action at abandoned sites
where the owner or the person having legal custody of an abandoned site has voluntarily
requested such action in the manner and time established by the secretaries Secretary of the
departments of transportation and environment and natural resources Department of
Environment and Natural Resources and if the following criteria are met:
(1) The owner or person having legal custody of the abandoned site has submitted
to the director a written request to have the tank removed. The request shall be made in the
manner established by the Secretary of the Department of
Revenue Environment and
Natural Resources and Regulation to include documentation of eligibility for the site to
participate in the abandoned tank removal program, proof of ownership, and legal description;
(2) The owner or person having legal custody of the abandoned site has, in
writing, waived all claims against the state, its officers, agents, and employees for damages
resulting directly or indirectly from the tank pulling or corrective action;
(3) If the abandoned site is on private property, all property taxes are current; and
(4) The owner or person having legal custody of the abandoned site has agreed to
transfer ownership of the removed tank and its contents to the state.
No tank is eligible for coverage under this program if the tank is located at the site of a
commercially operational motor fuel vendor in service on or after April 1, 1988.
157 Section 157. That §34A-13-53 be amended to read as follows:
34A-13-53. The secretaries Secretary of the Departments of Transportation and
Department of Environment and Natural Resources may promulgate, pursuant to chapter 1-26, rules regarding practices and procedures necessary to carry out the provisions of the
abandoned tank removal program including the form and procedure for application for
qualifying for tank pulling and corrective action.
158 Section 158. That § 34A-14-25 be amended to read as follows:
34A-14-25. The authority may issue a cumulative total of twenty million dollars in bonds
and the authority may pledge assets of the fund that are authorized for financing purposes as
additional security for the issuance of the bonds, and the Secretary of Transportation
Environment and Natural Resources may additionally request the Secretary of
Transportation to pledge payment of up to four million dollars from future revenues of the
inspection fee.
159 Section 159. That § 39-24-9 be amended to read as follows.
39-24-9. The Secretary of agriculture and the Secretary of tourism and state development
Commissioner of the Governor's Office of Economic Development shall consult and
cooperate, and shall exchange such services, personnel, and information as are necessary
and appropriate in order to develop, administer, and market the South Dakota Certified beef
program.
160 Section 160. That § 40-18-14 be amended to read as follows.
40-18-14. The board Attorney General may employ four investigators for the purpose of
enforcing the provisions of chapters 40-19 to 40-22, inclusive, and chapter 40-29. The
investigators shall be certified law enforcement officers and shall enforce laws pertaining to
inspection, sale, branding, misbranding, ownership, transportation, or theft of cattle, horses,
mules, sheep, and buffalo. The investigators have all of the powers and authority of any law
enforcement officer within the State of South Dakota while enforcing laws pertaining to
cattle, horses, mules, sheep, and buffalo. This section does not restrict the board Attorney
General from hiring inspectors, who are not law enforcement officers.
161 Section 161. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to amend the following sections by deleting
“Revenue and Regulation” and inserting “Revenue”.
Title 1
1-47-15; 1-47-16; 1-16G-4; 1-50-11;
Title 10:
10-1-1; 10-1-3; 10-1-6; 10-1-6.1; 10-1-7; 10-1-9; 10-1-10; 10-1-11; 10-1-12; 10-1-13;
10-1-13.1; 10-1-14; 10-1-15; 10-1-15.1; 10-1-15.2; 10-1-16; 10-1-16.1; 10-1-17;
10-1-18; 10-1-21; 10-1-22; 10-1-23; 10-1-24; 10-1-25; 10-1-26; 10-1-27; 10-1-28;
10-1-28.1; 10-1-28.2; 10-1-28.4; 10-1-29; 10-1-31; 10-1-32; 10-1-33; 10-1-34; 10-1-35;
10-1-36; 10-1-37; 10-1-38; 10-1-39; 10-1-40; 10-1-41; 10-1-44; 10-1-44.3; 10-1-45;
10-1-46; 10-3-1.1; 10-3-1.2; 10-3-5; 10-3-7; 10-3-16; 10-3-34; 10-3-36; 10-3-41;
10-4-1; 10-4-2.6; 10-4-7; 10-4-15; 10-4-20; 10-4-21; 10-4-24; 10-4-40; 10-4-41;
10-5-2; 10-5-15; 10-5-16; 10-5-17; 10-6-4; 10-6-10; 10-6-33.13; 10-6-33.29; 10-6-33.31;
10-6-33.34; 10-6-33.36; 10-6-43; 10-6-50; 10-6-51; 10-6-75; 10-6A-1; 10-6A-4;
10-6B-9; 10-9-3; 10-9-7; 10-9-11; 10-10-2; 10-10-6; 10-10-10; 10-11-8; 10-11-40;
10-11-41; 10-11-42.1; 10-11-42.2; 10-11-47; 10-11-48; 10-11-50; 10-11-51; 10-11-52; 10-11-54; 10-11-55; 10-11-57; 10-11-58; 10-11-59;10-11-60; 10-11-65; 10-12-1;
10-12-31.1;10-12-38; 10-12-39; 10-12-40; 10-12-41; 10-12-42; 10-12-43; 10-12A-1;
10-12A-4; 10-13-21; 10-13-35.13; 10-13-36; 10-13-37; 10-13-37.1; 10-13-37.2;
10-13-37.3; 10-13-38; 10-13-40; 10-13-43; 10-13-44; 10-18A-1; 10-18A-7; 10-18A-9; 10-18A-11; 10-18A-13; 10-18A-15; 10-18A-16; 10-21-1.1; 10-23-2.2; 10-26-5.1;
10-28-1; 10-28-3; 10-28-4; 10-28-5; 10-28-6; 10-28-7; 10-28-8; 10-28-9; 10-28-11;
10-28-12; 10-28-13; 10-28-14; 10-28-15; 10-28-16; 10-28-18; 10-28-21; 10-28-21.2;
10-28-25; 10-29-1; 10-29-2; 10-29-3; 10-29-4; 10-29-5; 10-29-6; 10-29-7; 10-29-8;
10-29-9; 10-29-11; 10-29-12; 10-29-14; 10-29-15; 10-29-16; 10-29-16.1; 10-29-16.2;
10-33-1; 10-33-4; 10-33-8; 10-33-9; 10-33-10; 10-33-11; 10-33-14; 10-33-14.1;
10-33-15; 10-33-16; 10-33-17; 10-33-18; 10-33-24; 10-33-25; 10-33-27; 10-33A-1;
10-33A-10.1; 10-35-1.3; 10-35-1.8; 10-35-1.10; 10-35-2; 10-35-3; 10-35-7; 10-35-8;
10-35-9; 10-35-10; 10-35-10.1; 10-35-11; 10-35-12; 10-35-13; 10-36-5; 10-36-7;
10-36-8; 10-37-3; 10-37-4; 10-37-5; 10-37-6; 10-37-7; 10-37-8; 10-37-9; 10-37-9.1;
10-37-10; 10-37-11; 10-37-12; 10-37-13; 10-38-1; 10-38-6; 10-38-8; 10-38-9; 10-38-10;
10-38-13; 10-38-14; 10-38-15; 10-38-16; 10-38-17; 10-38-29; 10-38-30; 10-38-34;
10-39-42; 10-39-45; 10-39-45.3; 10-39-45.5; 10-39-47; 10-39-48; 10-39-49; 10-39-50;
10-39-51; 10-39-54; 10-39-54.1; 10-39A-1.1; 10-39A-5; 10-39A-8; 10-40A-1; 10-40A-9;
10-41-1; 10-41-2; 10-41-3; 10-41-4; 10-41-5; 10-41-6; 10-41-8; 10-41-9; 10-41-10;
10-41-11; 10-41-12; 10-41-16; 10-41-17; 10-41-18; 10-41-19; 10-41-20; 10-41-22;
10-41-25; 10-41-26; 10-41-30; 10-41-32; 10-41-37; 10-41-39; 10-41-40; 10-41-41;
10-41-42; 10-41-42.1; 10-41-50; 10-41-51; 10-41-52; 10-41-53; 10-41-54; 10-41-55;
10-41-64; 10-41-56; 10-41-57; 10-41-58; 10-41-59; 10-41-64; 10-41-64.1; 10-41-65;
10-41-66; 10-41-67; 10-41-76; 10-41-77; 10-41-79; 10-41-82; 10-41-83; 10-43-30;
10-43-30.1; 10-43-31; 10-43-32; 10-43-36; 10-43-42.1; 10-43-43.1; 10-43-46; 10-43-50; 10-43-51; 10-43-51.1; 10-43-55; 10-43-60; 10-43-63; 10-43-66; 10-43-69; 10-43-70;
10-43-71; 10-43-72; 10-43-73; 10-43-75.1; 10-43-76; 10-43-77; 10-44-9.4; 10-44-9.5; 10-45-5.1; 10-45-23; 10-45-24; 10-45-25; 10-45-26; 10-45-27.3; 10-45-30.1; 10-45-30.2; 10-45-31; 10-45-35; 10-45-37; 10-45-42; 10-45-45; 10-45-47.1; 10-45-48.1; 10-45-52; 10-45-55; 10-45-61; 10-45-85; 10-45-86; 10-45-87; 10-45-99; 10-45A-1;
10-45A-2; 10-45A-4; 10-45A-7; 10-45A-8; 10-45A-10; 10-45A-11; 10-45A-12;
10-45A-14; 10-45A-16; 10-45B-1; 10-45C-3; 10-45C-5; 10-45D-9; 10-45D-10.2;
10-45D-13; 10-45D-14; 10-46-1; 10-46-4; 10-46-15; 10-46-18.3; 10-46-20; 10-46-21;
10-46-22; 10-46-23; 10-46-24; 10-46-25; 10-46-27.1; 10-46-32; 10-46-33; 10-46-35.1; 10-46-38; 10-46-39; 10-46-40; 10-46-42; 10-46-43; 10-46-44; 10-46-46; 10-46-47.1;
10-46-67; 10-46A-1.3; 10-46A-1.4; 10-46A-1.8; 10-46A-2.1; 10-46A-16; 10-46A-17;
10-46A-19; 10-46B-1; 10-46B-1.1; 10-46B-1.2; 10-46B-1.6; 10-46B-6; 10-46B-10;
10-46B-11; 10-46B-11.1; 10-46B-13; 10-46B-14; 10-46B-15; 10-46B-17; 10-46B-18;
10-46C-3; 10-46C-9; 10-46D-1; 10-46E-6; 10-46E-7; 10-46E-11; 10-47B-3; 10-47B-4;
10-47B-4; 10-47B-4.1; 10-47B-146; 10-47B-147; 10-50-1; 10-50-9; 10-50-10; 10-50-12;
10-50-15; 10-50-18; 10-50-19; 10-50-20; 10-50-20.1; 10-50-21; 10-50-25; 10-50-26;
10-50-27; 10-50-30; 10-50-34; 10-50-36; 10-50-37; 10-50-39; 10-50-40; 10-50-41;
10-50-42; 10-50-43; 10-50-45; 10-50-46; 10-50-47; 10-50-48; 10-50-49; 10-50-50;
10-50-59; 10-50-60; 10-50-77; 10-50-91; 10-50B-6; 10-50B-13; 10-52-4; 10-52-5;
10-52-9; 10-52-13; 10-52A-1; 10-52A-4.2; 10-52A-7; 10-52A-8; 10-52A-9; 10-52A-13;
10-54-1; 10-54-2; 10-55A-7; 10-55A-9; 10-56-2; 10-56-7; 10-58-4; 10-58-5; 10-58-6;
10-58-7; 10-58-8; 10-58-13; 10-59-2; 10-59-13; 10-59-26; 10-59-27; 10-59-35; 10-59-42;
10-59-43; 10-61-2; 10-61-3; 10-61-5; 10-61-6; 10-62-1; 10-62-4; 10-62-5; 10-62-6;
10-62-7;
Title 11:
11-9-1; 11-9-20; 11-9-24;
Title 13:
13-13-10.2; 13-13-73.1; 13-37-16;
Title 15:
15-2-14.4;
Title 16:
16-18-2;
Title 21:
21-41-20; 21-44-10; 21-44-11; 21-54-15; 21-54-16; 21-54-18;
Title 22:
22-25-30; 22-25-48;
Title 28
28-1-75; 28-13A-9;
Title 31:
31-2-14.3;
Title 32:
32-1-3; 32-1-5; 32-1-6; 32-3-1; 32-3-38.1; 32-3-51.7; 32-3-53; 32-3-53.2; 32-3-57;
32-3-65; 32-3A-2; 32-3A-25; 32-3A-27; 32-3A-38.7; 32-4-3; 32-4-9; 32-4-10; 32-4-10.1;
32-4-10.2; 32-5-16.3; 32-5-16.6; 32-5-16.7; 32-5-88; 32-5-107; 32-5-111; 32-5-113;
32-5-116; 32-5-119; 32-5-120; 32-5-121; 32-5-129; 32-5-130; 32-5-131; 32-5-133;
32-5-134; 32-5-135; 32-5-143; 32-5-153; 32-5A-4; 32-5B-3; 32-5B-4; 32-5B-5; 32-5B-6;
32-5B-9; 32-5B-10; 32-5B-15; 32-5B-16; 32-6B-1; 32-6B-5; 32-6B-9; 32-6B-20;
32-6B-33; 32-6B-41.1; 32-6B-60; 32-6B-63; 32-6B-69; 32-6C-3; 32-6C-6; 32-6C-14.1; 32-6C-17; 32-6D-9; 32-6E-1; 32-7A-1; 32-7A-4.3; 32-7A-5; 32-7A-6; 32-7A-8;
32-7A-9; 32-7A-10; 32-7A-12; 32-7A-14.1; 32-7B-4; 32-7B-9; 32-7B-17.1; 32-7B-20; 32-7B-25; 32-9-1; 32-9-6; 32-9-8.1; 32-9-9; 32-9-15; 32-9-15; 32-9-16.1; 32-9-22.1;
32-9-44.1; 32-9-57; 32-9-58; 32-10-1; 32-10-3; 32-10-3.1; 32-10-3.2; 32-10-4; 32-10-12;
32-10-29.1; 32-10-35; 32-11-19; 32-11-25; 32-15-1; 32-35-44; 32-35-45; 32-35-46;
32-35-47; 32-35-52; 32-35-56; 32-35-61; 32-35-62; 32-35-98; 32-35-99; 32-35-100;
32-35-102; 32-35-111;
Title 34:
34-20B-85; 34-46-18; 34-46-19; 34-49-1; 34-49-18;
Title 34A:
34A-1-58.1; 34A-1-60; 34A-2-122; 34A-2-125; 34A-3A-23; 34A-6-68; 34A-13-1.
Title 35:
35-1-1; 35-2-10.1; 35-2-24; 35-4-2.7; 35-4-94; 35-5-22; 35-10-9; 35-12-2; 35-12-4;
35-12-6; 35-12-8; 35-12-9; 35-12A-3; 35-13-1;
Title 37:
37-10-1; 37-10-6; 37-10-8; 37-10-10;
37-10-24; 37-10-26; 37-10-27; 37-10-28; 37-10-29; 37-10-32; 37-10-33;
37-10-35; 37-10-36; 37-19-2; 37-19-4; 37-19-8; 37-19-9; 37-19-10.
Title 39:
39-13-4; 39-13-13; 39-13-14; 39-13-15;
Title 42:
42-7A-2; 42-7A-3;
42-7A-50; 42-7A-64; 42-7B-6; 42-7B-58; 42-8-2;
Title 43:
43-31-31; 43-41B-31;
Title 46A
46A-2-4;
Title 47:
47-1A-1422; 47-7-30.2;
Title 49:
49-28-1; 49-31-1; 49-31-51; 49-31-51.1; 49-34A-82;
162 Section 162. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to amend the following sections by deleting
“Revenue and Regulation” and inserting “Labor and Regulation”.
Title 4
4-4-4.3;
Title 10
10-44-9.1;
Title 28
28-13-32.11;
Title 36
36-13-2.1; 36-21A-16; 36-21A-71 36-21B-1;
36-21B-3; 36-21B-4; 36-21B-5; 36-21B-7; 36-21B-12;
Title 37
37-24-5.2;
Title 47
47-31B-601;
Title 51A
51A-1-2; 51A-1-18; 51A-2-1; 51A-2-2; 51A-2-3; 51A-2-4; 51A-2-5; 51A-4-43;
Title 52
52-4-12; 52-4-12;
Title 54
54-3A-24; 54-4-36; 54-14-39;
Title 58
58-1-2; 58-2-1.1; 58-2-9; 58-2-10; 58-2-11; 58-2-13; 58-2-14; 58-2-15; 58-2-16; 58-2-17;
58-2-19; 58-2-21; 58-3-9; 58-4-44; 58-4A-1; 58-4A-13; 58-11-58. 58-18B-1; 58-22-47; 58-29A-55; 58-29B-32.1; 58-29E-1; 58-33-75;
Title 59
59-10-6; 59-10-7; 59-10-8; 59-10-13; 59-10-17;
Title 62
62-2-10;
163 Section 163. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to amend the following sections by deleting
references to “the Department of Human Services” or the Secretary of “Human Services”
and inserting “the Department of Social Services” or the Secretary of “Social Services” as
appropriate.
Title 36A
1-36A-1.12; 1-36A-1.14; 1-36A-1.15; 1-36A-1.26;
Title 23A
23A-27-38; 23A-28C-6; 23A-27-41;
Title 26
26-7A-92; 26-7A-94;
Title 27A
27A-1-1; 27A-1-3; 27A-1-7; 27A-1-8; 27A-1-9; 27A-3-1.3; 27A-3-4; 27A-3-7;
27A-4-6; 27A-4-9; 27A-5-1; 27A-5-3; 27A-5-7; 27A-5-9; 27A-7-9; 27A-3-1; 27A-3-1.1;
27A-3-1.4; 27A-3-2; 27A-3-3; 27A-3-5; 27A-3-6; 27A-3-9; 27A-3-10; 27A-4-1;
27A-4-2; 27A-4-5; 27A-4-8; 27A-5-2; 27A-5-4; 27A-5-5; 27A-5-6; 27A-5-10; 27A-13-3;
27A-13-12; 27A-13-13; 27A-13-14;
Title 28
28-18-5;
Title 34
34-20A-2; 34-20B-105; 34-23B-1; 34-23B-2; 34-23B-4; 34-23B-5;
Title 35
35-4-100;
Title 36
36-9-28; 36-26-9; 36-27A-9; 36-27A-35; 36-32-8; 36-34-8;
Title 42
42-7B-48.3;
Dated this 12th day of January, 2011.
Dennis Daugaard,
Governor of the State of South Dakota
ATTEST:
Jason Gant
Secretary of State for the State of South Dakota