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CHAPTER 1-14

BUREAU OF ADMINISTRATION

1-14-1      Bureau within Department of Executive Management--Central office.
1-14-1.1      Transferred.
1-14-2      Qualifications of commissioner.
1-14-2.1      Omitted.
1-14-3      Duties of commissioner--Oath of office.
1-14-3.1      Extraordinary litigation fund--Use--Continuous appropriation--Sovereign immunity--Life protection subfund.
1-14-4      Commissioner as member of Board of Finance.
1-14-5      Repealed.
1-14-6      Repealed.
1-14-6.1      Repealed.
1-14-6.2      Superseded.
1-14-6.3      Repealed.
1-14-6.4      Repealed.
1-14-6.5      Omitted.
1-14-6.6      Repealed.
1-14-7      Repealed.
1-14-8, 1-14-9. Superseded.
1-14-10      Repealed.
1-14-11      Repealed.
1-14-12      General powers and duties of bureau.
1-14-12.1      Transferred.
1-14-12.2      Transferred.
1-14-12.3      Transferred.
1-14-12.4      Transferred.
1-14-12.5      Transferred.
1-14-12.6      Transferred.
1-14-12.7      Transferred.
1-14-12.8      Transferred.
1-14-12.9      Transferred.
1-14-12.10      Transferred.
1-14-12.11      Transferred.
1-14-12.12      Repealed.
1-14-12.13      Repealed.
1-14-12.14      Data processing equipment and telecommunications systems--Costs included in contract charges.
1-14-12.15      Accounting by commissioner--Overhead costs charged to public corporations.
1-14-12.16      Financing of bureau operations.
1-14-12.17      Local government service contracts limiting remedies allowed.
1-14-12.18, 1-14-13. Repealed.
1-14-14      Cooperation with other state agencies and public corporations.
1-14-14.1      Contracts between bureau and political subdivisions--Appropriation of funds.
1-14-14.2      Rules establishing administrative charges for contractual services.
1-14-14.3, 1-14-14.4. Repealed.
1-14-15      Repealed.
1-14-16      Transferred.
1-14-17      Transferred.



1-14-18      Central mail service fund--Apportionment of expenses.
1-14-19      Central office supply program--Supply internal service fund.


     1-14-1.   Bureau within Department of Executive Management--Central office. The Bureau of Administration shall continue within the Department of Executive Management, and all its functions shall be performed by the Department of Executive Management as provided by § 1-33-6.
     The bureau shall maintain a central office in Pierre which shall be the official address of the bureau and the place for serving process or papers of any kind upon it.

Source: SDC 1939, § 55.2002; SL 1970, ch 7, § 1; SL 1973, ch 2, § 17; SDCL Supp, § 1-14-1.1; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 2, § 6.


     1-14-1.1.   Transferred to § 1-14-1.


     1-14-2.   Qualifications of commissioner. No person may be appointed as the commissioner of administration unless the person has had progressively responsible experience in administration.

Source: SL 1970, ch 7, § 2; SL 1971, ch 5, § 1; SL 2011, ch 2, § 7.


     1-14-2.1.   Omitted.


     1-14-3.   Duties of commissioner--Oath of office. The commissioner of administration, under the general direction and control of the Governor, shall execute the powers and discharge the duties vested by law in the Bureau of Administration. The commissioner shall qualify by taking and filing with the secretary of state the constitutional oath of office.

Source: SDC 1939, § 55.2003; SL 1970, ch 7, § 4; SL 2011, ch 2, § 8.


     1-14-3.1.   Extraordinary litigation fund--Use--Continuous appropriation--Sovereign immunity--Life protection subfund. There is established in the state treasury the extraordinary litigation fund. The fund shall be maintained separately and administered by the Bureau of Administration. The fund may be used for plaintiff attorney fee awards, retention of outside counsel, settlement costs, or other litigation expenses not otherwise eligible to be paid under § 3-22-1. Unexpended money and any interest that may be credited to the fund shall remain in the fund. The extraordinary litigation fund, including any subfunds created within it, is hereby continuously appropriated and shall be budgeted through the informational budget process. The creation and funding of this fund does not constitute a waiver of the state's sovereign immunity.
     The life protection subfund is established within the extraordinary litigation fund. The subfund shall be used to cover the litigation costs, including expert witness fees and attorney fees awarded under 42 U.S.C. § 1988 or other applicable statutes, associated with defending South Dakota statutes that regulate or proscribe abortion or contraception. In addition to moneys that the Legislature may appropriate to the subfund, the commissioner of the Bureau of Administration may accept private contributions for the subfund's purposes and deposit those moneys in the subfund. The life protection litigation subfund shall retain the interest income derived from the moneys credited to the subfund in accordance with § 4-5-30.

Source: SL 2004, ch 56, § 1, eff. Mar. 8, 2004; SL 2005, ch 7, § 1; SL 2006, ch 3, § 1, Mar. 6, 2006.


     1-14-4.   Commissioner as member of Board of Finance. The commissioner of administration shall be a member of the State Board of Finance continued by chapter 4-1.

Source: SDC 1939, § 55.2005 (20); SL 1970, ch 7, § 5.


     1-14-5.   Repealed by SL 1969, ch 218, § 2.


     1-14-6.   Repealed by SL 1974, ch 6, § 10.


     1-14-6.1.   Repealed by SL 2011, ch 2, § 9.


     1-14-6.2.   Superseded.


     1-14-6.3.   Repealed by SL 1971, ch 5, § 5.


     1-14-6.4.   Repealed by SL 1973, ch 23, § 30.


     1-14-6.5.   Omitted.


     1-14-6.6.   Repealed by SL 2011, ch 2, § 10.


     1-14-7.   Repealed by SL 1970, ch 7, § 7.


     1-14-8, 1-14-9.   Superseded.


     1-14-10.   Repealed by SL 1970, ch 7, § 7.


     1-14-11.   Repealed by SL 2011, ch 2, § 11.


     1-14-12.   General powers and duties of bureau. The commissioner of administration shall administer the Bureau of Administration. The bureau shall:
             (1)      Keep an exact and true inventory of all property, real and personal, belonging to the State of South Dakota and promulgate rules pursuant to chapter 1-26 enumerating the types and classes of public personal property to be included in the inventory required by § 5-24-1;
             (2)      Administer the procurement of supplies, services, and public improvements as prescribed in chapters 5-18A, 5-18B, and 5-18D;
             (3)      Supervise such central administrative services as transportation, mail, records management, and document reproduction services, make provisions for the supplying of office supplies and furniture;
             (4)      Maintain the buildings and grounds of the capitol complex and install central facilities to be used by all state agencies under such rules the Bureau of Administration promulgates pursuant to chapter 1-26;
             (5)      Contract for the provision of food services, candy, and beverages in the capitol complex;
             (6)      Supervise the administration of the Office of Hearings Examiners;
             (7)      Administer the federal surplus property allotted to the State of South Dakota;
             (8)      Provide for the lease of such real property as shall be necessary for the operation of state government;
             (9)      Administer a program of risk management for state government;
             (10)      Contract for such services as are required by multiple state agencies, if such a contract improves the efficiency of state government; and
             (11)      Any other function as may be required by statute, executive order, or administrative action.

Source: SDC 1939, § 55.2005; SL 1943, ch 257, § 11; SL 1955, ch 243, § 1; SL 1963, ch 353, § 15; SL 1971, ch 5, § 6; SL 1974, ch 7; SL 1975, ch 12; SL 1979, ch 6; SL 1985, ch 33, § 17; SL 1988, ch 11, § 1; SL 1993, ch 162; SL 2011, ch 2, § 12.


     1-14-12.1.   Transferred to § 1-33-44.


     1-14-12.2.   Transferred to § 1-33-45.


     1-14-12.3.   Transferred to § 1-33-50.


     1-14-12.4.   Transferred to § 1-33-56.


     1-14-12.5.   Transferred to § 1-33-51.


     1-14-12.6.   Transferred to § 1-33-52.


     1-14-12.7.   Transferred to § 1-33-55.


     1-14-12.8.   Transferred to § 1-33-54.


     1-14-12.9.   Transferred to § 1-33-53.


     1-14-12.10.   Transferred to § 1-33-42.


     1-14-12.11.   Transferred to § 1-33-46.


     1-14-12.12.   Repealed by SL 2011, ch 2, § 13.


     1-14-12.13.   Repealed by SL 2006, ch 2, § 7.


     1-14-12.14.   Data processing equipment and telecommunications systems--Costs included in contract charges. The Bureau of Administration shall arrange with the Bureau of Information and Telecommunications for all data processing equipment, office systems technology, and telecommunications systems as may be required to implement the contracted service, with all costs for installation, leasing of equipment, maintenance, repair, and replacement to be included in the contract charges.

Source: SL 1988, ch 11, § 4.


     1-14-12.15.   Accounting by commissioner--Overhead costs charged to public corporations. The commissioner of administration shall be responsible for all accounting associated with contracts between the Bureau of Administration and the state agencies. The commissioner of administration shall establish uniform cost accounting procedures which shall include costs of administrative and operating overhead and charges to public corporations shall include the costs of operating and administrative overhead.

Source: SL 1988, ch 11, § 5.


     1-14-12.16.   Financing of bureau operations. The operations of the Bureau of Administration in establishing and administering this chapter shall be financed by means of appropriations, gifts, grants, or reimbursements for services rendered. The fees and charges for services shall be designed, to the extent practicable, to recover all operational costs incurred to carry out the provisions of the contracts between public corporations and the Bureau of Administration.

Source: SL 1988, ch 11, § 6; SL 2006, ch 2, § 8; SL 2011, ch 2, § 14.


     1-14-12.17.   Local government service contracts limiting remedies allowed. The commissioner of administration may enter into local government service contracts which contain reasonable and lawful provisions regarding limitation of remedies. Nothing in this section, however, authorizes a limitation of remedies which is contrary to the provisions of chapter 53-9.

Source: SL 1988, ch 11, § 7.


     1-14-12.18, 1-14-13.   Repealed by SL 2011, ch 2, §§ 15, 16.


     1-14-14.   Cooperation with other state agencies and public corporations. The commissioner of administration shall furnish such cooperation, coordination, data, and information to other departments, subdivisions, or officers of the state government and public corporations contracting for local government services as may promote the most efficient administration of the state and local governments as a whole and as may tend to prevent duplication of effort and expense in administration of such government, and he may require the same for such purposes from other departments, subdivisions, or officers of the state government.

Source: SDC 1939, § 55.2004; SL 1988, ch 11, § 9.


     1-14-14.1.   Contracts between bureau and political subdivisions--Appropriation of funds. Every political subdivision of this state may contract with the Bureau of Administration pursuant to this chapter for the performances of all public services and functions empowered by law for such subdivision. Each political subdivision may appropriate funds for contracts pursuant to this section.

Source: SL 1988, ch 11, § 10; SL 2011, ch 2, § 17.


     1-14-14.2.   Rules establishing administrative charges for contractual services. The commissioner of information and telecommunications shall promulgate rules pursuant to chapter 1-26 to establish administrative charges for the contractual services authorized by § 1-33-38.

Source: SL 1988, ch 11, §§ 3, 11.


     1-14-14.3, 1-14-14.4.   Repealed by SL 2011, ch 2, §§ 18, 19.


     1-14-15.   Repealed by SL 1982, ch 16, § 4.


     1-14-16.   Transferred to § 1-33-47.


     1-14-17.   Transferred to § 1-33-48.


     1-14-18.   Central mail service fund--Apportionment of expenses. There is hereby created a central mail service fund to encompass the operations of the capitol central mail system. The commissioner of the Bureau of Administration shall apportion all expenses encountered in the operation of the capitol central mail system to all state departments, agencies, and institutions that utilize the system.

Source: SL 2011, ch 2, § 33.


     1-14-19.   Central office supply program--Supply internal service fund. The Bureau of Administration may provide a central supply program for the purpose of supplying office materials to the various departments of state government. There is created a supply internal service fund. The payment for supplies purchased for the various departments shall be made once each month to the supply internal service fund.

Source: SL 2011, ch 2, § 93.


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