BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-33-10 be amended to read as follows:
1-33-10. The Bureau of Personnel is administered by a commissioner appointed by the Governor with the advice and consent of the Senate. The commissioner serves at the pleasure of the Governor. No person may be appointed as commissioner unless the person has at least four years of administrative experience, at least two of which are in personnel management.
Section 2. That § 3-1A-1 be amended to read as follows:
3-1A-1. Terms used in this chapter mean:
Section 3. That § 3-1A-3 be amended to read as follows:
3-1A-3. Any gubernatorial appointee for whom Senate confirmation is required shall file with the secretary of state a statement of financial interest before confirmation.
Section 4. That § 3-1A-6 be amended to read as follows:
3-1A-6. Any person who violates any of the provisions of this chapter commits a petty offense. However, any person who intentionally violates any provision of this chapter is guilty of a Class 2 misdemeanor.
Section 5. That § 3-2-2 be amended to read as follows:
3-2-2. No state officer may appoint as a deputy any other state or district officer. No state treasurer may appoint as a deputy any county treasurer, register of deeds, sheriff, or county commissioner.
Section 6. That § 3-2-3 be amended to read as follows:
3-2-3. Each deputy or assistant shall take and subscribe the same oath as his or her principal, naming the deputyship. The oath shall be endorsed upon and filed with the deputy's or assistant's certificate of appointment.
Section 7. That § 3-2-4 be amended to read as follows:
3-2-4. Unless otherwise expressly provided, each officer required to give bond may require a bond from the officer's deputy or assistant in a penal sum not greater than half the penal sum of the officer's own bond. The officer may retain the deputy's or assistant's bond for the officer's own protection.
Section 8. That § 3-3-1 be amended to read as follows:
3-3-1. In all public departments and subdivisions and upon all public works of this state and of the counties and municipalities of this state, any veteran, as defined in § 33-17-1, who is a citizen and resident of the state, shall receive preference for appointment, employment, and promotion. Age, loss of limb, or other physical impairment which does not in fact incapacitate does not disqualify the veteran if the veteran possesses the qualifications and business capacity necessary to discharge the duties of the position involved. A veteran who has a service-connected disability shall be given a
preference over a nondisabled veteran.
Section 9. That § 3-3-2 be amended to read as follows:
3-3-2. If a veteran as defined in § 33-17-1 applies for appointment for employment under this
chapter, the officer, board, or person whose duty it is to appoint or employ some person to fill the
position shall, before appointing or employing anyone to fill the position, investigate the
qualifications of the applicant. If the applicant is of good moral character and can perform the duties
of the position, the officer, board, or person shall appoint the applicant to the position.
Section 10. That § 3-3-3 be amended to read as follows:
3-3-3. A refusal to allow the preference provided for in this chapter, or a reduction of the salary
for the position with intent to bring about the resignation or discharge of the incumbent, entitles the
applicant or incumbent to maintain an action of mandamus to right the wrong.
Section 11. That § 3-3-4 be amended to read as follows:
3-3-4. No person holding a public position by appointment or employment, and belonging to any
of the classes of persons to whom a preference is granted pursuant to this chapter, may be removed
from the position or employment unless replaced by another person of a class to whom such
preference is granted. However, the person may be removed for incompetency or misconduct shown
after a hearing, upon due notice, upon stated charges, and with the right of the employee or appointee
to a review by writ of certiorari. The burden of proving incompetency or misconduct rests upon the
party alleging the incompetency or misconduct.
Section 12. That § 3-3-5 be amended to read as follows:
3-3-5. Any person in the public service who neglects or refuses to comply with the provisions
of this chapter is guilty of a Class 1 misdemeanor.
Section 13. That § 3-3-6 be amended to read as follows:
3-3-6. Nothing in this chapter applies to department heads, to policy-forming officials, to the
position of private secretary of any official or department, or to any person holding a strictly
confidential relation to the appointing officer.
Section 14. That § 3-3-7 be amended to read as follows:
3-3-7. The unmarried spouse of a veteran who died while in service, or later died from a service
connected cause, is entitled to the preferences given to the veteran in § 3-3-1 if the spouse possesses
the qualifications and business capacity necessary to discharge the duties of the position involved.
Section 15. That § 3-3-8 be amended to read as follows:
3-3-8. If a veteran disabled due to a service connected cause is unable to exercise the right to a
veteran employment preference due to the disability, the veteran's spouse is entitled to the
preferences given in § 3-3-1 if the spouse possesses the qualifications and business capacity
necessary to discharge the duties of the position involved.
Section 16. That § 3-6-5.1 be amended to read as follows:
3-6-5.1. No temporary or emergency employee nor any patient, inmate, or student employee, as
defined by any rules promulgated by the Career Service Commission pursuant to chapter 1-26, may
receive any compensation for any holiday as defined in § 1-5-1. However, the employee shall be
compensated for any hours actually worked on such holidays.
Section 17. That § 3-6-6.1 be amended to read as follows:
3-6-6.1. Any state employee, including any state employee exempt from the provisions of chapter
3-6A, who has been employed by the state for a period of six months is entitled to vacation leave.
However, no temporary or emergency employee as defined by any rules promulgated by the Career
Service Commission pursuant to chapter 1-26 and no patient, inmate, or student employee is eligible
for vacation leave. Any part-time employee who has served an accumulative six-month period is
entitled to vacation leave.
Section 18. That § 3-6-8 be amended to read as follows:
3-6-8. Leave of absence for sickness, not exceeding twenty-eight days, may be advanced to an employee who has been in regular and continuous employment of the state for at least one full year if the employee has used up all of his or her accumulated and earned leave of absence for vacation and also for sickness. Any such advance leave of absence for sickness shall be charged against any subsequent leave of absence for sickness as earned by the employee in the succeeding years of state employment. Any such advance leave of absence for sickness is within the discretion of the Bureau of Personnel under rules promulgated by the Career Service Commission pursuant to chapter 1-26, and is authorized only if the bureau's consent and approval has first been obtained.
Section 19. That § 3-6-8.1 be amended to read as follows:
3-6-8.1. No state employee may be allowed compensation under § 62-4-3 for a period for which the employee has also received sick pay authorized by § 3-6-7 or 3-6-8 or vacation pay authorized by § 3-6-6. Nothing in this section limits any other compensation or benefits due employees of the state under Title 62.
Section 20. That § 3-6-8.2 be amended to read as follows:
3-6-8.2. If an injured state employee's workers' compensation benefits are not equal to his or her salary, the employee may, notwithstanding any provision in § 3-6-8.1, use sick pay or vacation pay in an amount necessary to make up the difference between the employee's salary and the workers' compensation benefits.
Section 21. That § 3-6-8.4 be amended to read as follows:
3-6-8.4. Any employee of the state may donate accrued vested leave to another state employee who meets all of the following criteria:
has been certified by a licensed physician as having a significant likelihood of terminating
fatally and the employee's physical condition does not allow a return to work for a period
of at least ninety consecutive days; and
Section 22. That § 3-6-9 be amended to read as follows:
3-6-9. If an employee transfers from one state department, institution, agency, or office to another state department, institution, agency, or office, the employee may transfer all unused and earned leave of absence for vacation or sickness as was allowed the employee under the provisions of §§ 3-6-6 and 3-6-7.
Section 23. That § 3-6-10 be amended to read as follows:
3-6-10. The provisions of §§ 3-6-6 to 3-6-9, inclusive, do not prohibit the taking of leave of absence for vacation or sickness without pay if the leave of absence is authorized and approved by the board, commission, agency, department, office, or officer employing the employee, pursuant to
rules promulgated pursuant to chapter 1-26 by the Bureau of Personnel.
Section 24. That § 3-6-10.1 be amended to read as follows:
3-6-10.1. The Career Service Commission provided for by chapter 3-6A may, pursuant to chapter
1-26, promulgate rules to further define the types of leave permitted to be taken as sick leave,
vacation leave, and leave of absence, including the following: child care, jury duty, military service,
maternity, and education and other fringe benefits.
Section 25. That § 3-6-17 be amended to read as follows:
3-6-17. The hours of employment of full-time employees of city fire departments are governed
by mutual agreements with the respective municipal corporations. The hours of employment for any
such employee may not exceed two hundred twelve hours during a twenty-eight-day work period or
two hundred four hours during a twenty-seven-day work period as determined by mutual agreement
unless the employee is paid additional compensation or is allowed compensatory time off.
Section 26. That § 3-6-18 be amended to read as follows:
3-6-18. Nothing in § 3-6-17 applies to any public officer elected or appointed as such for any
specific term or part of a term.
Section 27. That § 3-6-19 be amended to read as follows:
3-6-19. Any appointive officer or employee of the state, a municipality, or other subdivision of state government, other than a person holding a temporary position, who is at any time required by proper authority to report for duty or perform duty in any branch of the armed forces of the United States shall be reinstated in the classification held before being required to report for duty or perform duty in the armed forces if the classification still exists, if the officer or employee is capable of
discharging the duties of the classification, and if the officer's or employee's separation from the
armed forces was other than dishonorable. In order to be reinstated under this section, the officer or
employee shall make written application for reinstatement within ninety days after the officer or
employee was released from the jurisdiction of the armed forces, or within ninety days after a
hospitalization continuing after such release for a period of not more than one year.
Section 28. That § 3-6-20 be amended to read as follows:
3-6-20. All reinstatement rights authorized in § 3-6-19 shall accrue to the first person called to
report for duty or perform duty with the armed forces of the United States, and thereafter to any
similarly qualified officer or employee next nearest the first person's employment in point of time
if the first person does not within the period set out apply for reinstatement. An additional
reinstatement application period of thirty days shall be available to each subordinate qualified person
in this succession so that at the end of each such person's reinstatement application period of thirty
days, the thirty-day reinstatement application period for the next entitled person is available.
Section 29. That § 3-6-21 be amended to read as follows:
3-6-21. No person employed to fill any vacancy created as a result of the officer or employee
previously holding the employment being ordered to report for duty or perform duty in the armed
forces of the United States may acquire any rights thereby, contractual or otherwise, which cannot
be divested by a reinstatement in the manner described in §§ 3-6-19 and 3-6-20.
Section 30. That § 3-6-22 be amended to read as follows:
3-6-22. Any officer or employee of the State of South Dakota, of any political subdivision of the
state, or of any organized municipality, or any person who is a duly qualified member of a reserve
component of the armed forces of the United States, who performs military duty as provided in this
section, shall be restored to his or her previous position or a similar position with the same status,
pay, and seniority if the following requirements are met:
Section 31. That § 3-6-24 be amended to read as follows:
3-6-24. Absence for military training as provided in § 3-6-22 does not affect the employee's right to receive normal vacation, sick leave, bonus, advancement, and other advantages of employment normally to be anticipated in the employee's position.
Section 32. That § 3-6-25 be amended to read as follows:
3-6-25. If any employer fails to comply with any of the provisions of §§ 3-6-22 to 3-6-24, inclusive, the employee may bring an action at law for damages for such noncompliance or apply to the circuit court for such equitable relief as may be just and proper under the circumstances.
Section 33. That § 3-6-26 be amended to read as follows:
3-6-26. It is the policy of the State of South Dakota that citizens of this state and of the United States may not be deprived of their freedom of speech guaranteed them by the constitutions of the United States of America and of the State of South Dakota, by reason of the fact that they are state officers and employees.
Section 34. That § 3-6-30 be amended to read as follows:
3-6-30. Holidays, other than Sundays, enumerated in § 1-5-1 are a benefit for any permanent state employee including those who are not scheduled to work the day on which a holiday falls. A permanent employee is eligible for holiday pay if the employee works at least one shift or is on approved paid leave during the calendar week in which the holiday falls. Part-time employees shall receive prorated holiday pay. For payroll and leave purposes, a holiday is no more than eight hours long.
Section 35. That § 3-6A-2 be amended to read as follows:
3-6A-2. Terms as used in this chapter mean:
Section 36. That § 3-6A-4 be amended to read as follows:
3-6A-4. There is created a Career Service Commission. The Career Service Commission consists of five members, not all of whom may be of the same political party. The members shall be appointed by the Governor for four-year terms, with the advice and consent of the Senate. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term.
Section 37. That § 3-6A-5 be amended to read as follows:
3-6A-5. A member of the Career Service Commission may be removed by the Governor only for cause after being given a copy of the charges and an opportunity to be heard publicly on such
charges before the Governor. A copy of the charges and a transcript of the record of the hearing shall
be filed with the secretary of state.
Section 38. That § 3-6A-11 be amended to read as follows:
3-6A-11. The personnel commissioner shall appoint a technically competent staff to advise and
assist the personnel commissioner, bureau commissioners, department secretaries, heads of
institutions, directors, and supervisors to carry out their personnel management responsibilities and
the provisions of this chapter.
Section 39. That § 3-6A-14 be amended to read as follows:
3-6A-14. Personnel management actions taken under the provisions of this chapter shall comply
with merit standards as follows:
Section 40. That § 3-6A-14.1 be amended to read as follows:
3-6A-14.1. Nothing contained in this chapter, unless otherwise provided by law, may be construed to repeal or modify any state statute creating special rights or preference for veterans.
Section 41. That § 3-6A-16 be amended to read as follows:
3-6A-16. The Career Service Commission shall represent the public interest in the improvement of personnel administration in the career service.
Section 42. That § 3-6A-17 be amended to read as follows:
3-6A-17. The Career Service Commission shall advise the Governor and the personnel commissioner on problems concerning the state personnel management program.
Section 43. That § 3-6A-18 be amended to read as follows:
3-6A-18. The Career Service Commission shall foster the interest of institutions of learning and of industrial, civic, professional, and employee organizations in the improvement of personnel standards in the career service.
Section 44. That § 3-6A-19 be amended to read as follows:
3-6A-19. The personnel commissioner shall act as secretary to the Career Service Commission and assist the commission in developing personnel rules.
Section 45. That § 3-6A-21 be amended to read as follows:
3-6A-21. The Career Service Commission shall promulgate rules pursuant to chapter 1-26 in the areas of recruitment, examination, selection, and promotion of career service employees to be administered by the personnel commissioner.
Section 46. That § 3-6A-22 be amended to read as follows:
3-6A-22. The personnel commissioner shall establish eligible lists as needed, and certify names of eligible applicants to appointing authorities for filling vacancies in the career service pursuant to rules adopted by the Career Service Commission.
Section 47. That § 3-6A-24 be amended to read as follows:
3-6A-24. The personnel commissioner may delegate the administration of this chapter to state institutions and departments throughout the state. However, the commissioner shall delegate to institutions under the jurisdiction of the Board of Regents the administration of recruitment,
examining, and selection of employees for such institutions. All such delegated administrative
authority shall be exercised in accordance with the provisions of this chapter and Career Service
Commission rules.
Section 48. That § 3-6A-26 be amended to read as follows:
3-6A-26. The personnel commissioner shall develop personnel programs governing career
development, personnel resources planning and position control, reassignments, training and
development, appraisal of employee performance, assessment of employee potential, and other
matters relating to personnel management of the executive branch.
Section 49. That § 3-6A-27 be amended to read as follows:
3-6A-27. The personnel commissioner shall develop programs for the improvement of employee
effectiveness, including training, safety, health, counseling, and welfare.
Section 50. That § 3-6A-28 be amended to read as follows:
3-6A-28. The Career Service Commission shall promulgate rules pursuant to chapter 1-26 to
develop a position classification system for all positions in the career service, based upon similarity
of duties performed and responsibilities assumed, so that the same qualifications and pay may
reasonably be required and established for positions allocated to the same class.
Section 51. That § 3-6A-29 be amended to read as follows:
3-6A-29. The career service commission shall promulgate rules pursuant to chapter 1-26 to
develop a statewide pay system which assures the principle of equal pay for equal work applying to
positions existing in the career service.
Section 52. That § 3-6A-32 be amended to read as follows:
3-6A-32. The personnel commissioner shall establish and maintain a current information and
communication system to provide timely and useful information on department personnel resources
as required for management decision-making purposes as well as for planning, operation, and
evaluation of personnel programs.
Section 53. That § 3-6A-33 be amended to read as follows:
3-6A-33. The personnel commissioner shall develop methods of communicating with the career
service employees on matters of work-related importance.
Section 54. That § 3-6A-36 be amended to read as follows:
3-6A-36. The Career Service Commission shall promulgate rules pursuant to chapter 1-26
governing discipline, retirement, standards of conduct, adverse actions, political activity in
employment, hours of work, equal opportunity, complaints, grievances and appeals to the
commission for career service personnel, and reductions in force due to nondisciplinary reasons.
Section 55. That § 3-6A-37 be amended to read as follows:
3-6A-37. The Career Service Commission shall act as grievance review board for career service
employees as set out in § 3-6A-38.
Section 56. That § 3-6A-38.2 be amended to read as follows:
3-6A-38.2. In resolving a grievance, the commission may reinstate an employee who has been
disciplined without good cause. If reinstatement is ordered by the commission, the order shall
include one or more of the following forms of relief: an award of back pay, an award of back
benefits, placement in the same position and location that the employee held before the discipline,
or placement in a comparable position and location that the employee held before the discipline. Any
award of back pay and benefits which adversely affects an agency's budget shall be considered
advisory and submitted by the affected agency to the committee created by chapter 4-8A or the next
session of the Legislature.
Section 57. That § 3-6A-39 be amended to read as follows:
3-6A-39. All state departments shall adhere to, and assist the personnel commissioner in
administering, the provisions of this chapter. An appointing authority may formulate department
level procedures within the limitations of those rules promulgated pursuant to chapter 1-26 by the
Career Service Commission or the personnel commissioner. The procedures shall be reviewed and
approved by the personnel commissioner before implementation.
Section 58. That § 3-6A-41 be amended to read as follows:
3-6A-41. The Bureau of Personnel shall accept on behalf of the state any grant or contribution,
federal or otherwise, made to assist in meeting the cost of carrying out the purposes of this chapter.
Section 59. That § 3-6A-42 be amended to read as follows:
3-6A-42. The personnel commissioner shall maintain accurate records reflecting the costs of
administering the provisions of this chapter. At the close of each quarter-year period the
commissioner shall summarize the cost and shall bill each department, office, institution, or bureau
which receives support from the federal government or nongeneral fund support, for a pro rata share
of the administrative cost based on the quarterly average number of employees in the service of all
the departments, offices, institutions, or bureaus for the appropriate calendar quarter.
Section 60. That § 3-6A-44 be amended to read as follows:
3-6A-44. No person may make any false statement, certificate, mark, rating, or report with regard
to any examination, certification, or appointment made under any provision of this chapter or in any
manner commit or attempt to commit any fraud preventing the impartial execution of this chapter
and policies. A violation of this section is a Class 1 misdemeanor.
Section 61. That § 3-6A-46 be amended to read as follows:
3-6A-46. No employee of the Bureau of Personnel or any other person may defeat, deceive, or
obstruct any person's right to examination, eligibility, certification, or appointment under this
chapter, or furnish to any person any special or secret information for the purpose of affecting the
rights or prospects of any person with respect to employment in the career service. A violation of this
section is a Class 1 misdemeanor.
Section 62. That § 3-6A-48 be amended to read as follows:
3-6A-48. Any person who is convicted of a misdemeanor under this chapter is, for a period not to exceed five years, ineligible for appointment to or employment in a position in the career service. If the person is an officer or employee of the career service, the person shall forfeit the office or position.
Section 63. That § 3-6A-51 be repealed.
Section 64. That § 3-6B-3.1 be amended to read as follows:
3-6B-3.1. Of those administrative interns who are registered members of a political party, no more than one-half may be registered members of the same political party.
Section 65. That § 3-6B-5 be amended to read as follows:
3-6B-5. College student interns shall be assigned to the executive branch of government to such departments as may be determined by the internship program administrator. No department head may be assigned a student intern without the approval of that department head.
Section 66. That § 3-7-1 be amended to read as follows:
3-7-1. There is created a Law Enforcement Civil Service Commission. The commission consists of five members to be appointed by the Governor for a term of four years. Not all of the members may be of the same political party. One member may be selected from five nominees submitted by a peace officers' association. One member may be selected from five nominees submitted by a fraternal order of police association. One member may be selected from five nominees submitted by a sheriffs' association. The nominations shall be transmitted to the Governor not later than thirty days before the expiration of any term, or in the case of a vacancy, not later than fifteen days after the vacancy exists. Any member appointed to fill a vacancy from other than the natural expiration of a term may serve for only the unexpired portion of the term.
Section 67. That § 3-7-1.1 be amended to read as follows:
3-7-1.1. The Law Enforcement Civil Service Commission shall be administered under the direction and supervision of the Bureau of Personnel and the commissioner of personnel, but shall perform the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions, as defined in § 1-32-1, otherwise previously vested in the former Police Civil Service Commission and shall exercise those functions independently of the commissioner of personnel.
Section 68. That § 3-7-2 be amended to read as follows:
3-7-2. The Governor may remove a commissioner for cause, but shall first give the commissioner a copy of the charges against the commissioner and an opportunity to be heard publicly, in person or by counsel, in the commissioner's own defense upon not less than ten days' notice. If the commissioner is removed, the Governor shall file in the Office of the Secretary of State a complete statement of all charges made against the commissioner and the Governor's findings on the charges, together with a complete record of the proceedings.
Section 69. That § 3-7-3 be amended to read as follows:
3-7-3. The Law Enforcement Civil Service Commission at each annual meeting shall elect a chair and vice chair for the ensuing year. The commission shall meet at all necessary times at the call of the chair, or a majority of the commission. A majority of the members constitutes a quorum.
Section 70. That § 3-7-5 be amended to read as follows:
3-7-5. This chapter applies to all employees in the divisions of highway patrol and criminal investigation except:
Section 71. That § 3-7-6 be amended to read as follows:
3-7-6. The Law Enforcement Civil Service Commission may promulgate rules pursuant to chapter 1-26 to establish a position classification system for all positions in the civil service, based upon similarity of duties performed and responsibilities assumed, so that the same qualifications and pay may reasonably be required and established for positions allocated to the same class.
Section 72. That § 3-7-7 be amended to read as follows:
3-7-7. The Law Enforcement Civil Service Commission shall promulgate rules pursuant to chapter 1-26 to establish a pay system that assures equal pay for equal work.
Section 73. That § 3-7-9 be amended to read as follows:
3-7-9. The Law Enforcement Civil Service Commission may promulgate rules pursuant to chapter 1-26 governing the areas of recruitment, examination, certification, selection, and promotion, which shall be public and competitive. The examinations shall relate to matters that will fairly test the relative capacity of the persons examined to discharge the duties of the position and may include tests of physical qualifications, training and experience, written examinations, and health and, if appropriate, technical or manual skill. The commissioner shall designate the times and places for the examinations.
Section 74. That § 3-7-11 be amended to read as follows:
3-7-11. From the examinations, the commissioner shall prepare a register for each class of positions in the classified service pursuant to rules promulgated by the commissioner in accordance with chapter 1-26.
Section 75. That § 3-7-13 be amended to read as follows:
3-7-13. If the chief agent of the Division of Criminal Investigation of the attorney general's office, the superintendent of the state highway patrol, the deputy of the chief agent, or the deputy of the superintendent, who before his or her appointment served in the ranks, is removed for other than cause he or she shall be returned to the position or related position that he or she held immediately
before the appointment. The rate of pay shall be commensurate with his or her years of service.
Section 76. That § 3-7-17 be amended to read as follows:
3-7-17. Any employee who has been disciplined may file with the Law Enforcement Civil
Service Commission and the appointing authority a statement in writing, alleging that the
disciplinary action was made without just cause. Upon the filing of the statement there shall be a
hearing, the time and place fixed by the commission and notice given to the appointing officer and
to the employee. At the hearing the commission shall determine whether or not the disciplinary
action was made for good cause. The chair of the commission may administer oaths and secure by
the subpoena of the commission the attendance and testimony of witnesses and the production of
evidence. If the commission finds that the disciplinary action was made without just cause, the
commission shall enter an order reinstating the employee to the employee's former position and
directing the payment of all back salary due. If the commission finds that the disciplinary action was
made for good cause, the commission shall enter an order to that effect, and the action shall stand.
Appeals to the circuit court for Hughes County may be taken pursuant to chapter 1-26. The appeal
shall be taken by filing in the office of the commissioner a notice of appeal. The commission may
promulgate rules pursuant to chapter 1-26 concerning disciplinary action.
Section 77. That § 3-7-18 be amended to read as follows:
3-7-18. The Law Enforcement Civil Service Commission shall promulgate rules pursuant to
chapter 1-26 governing examinations, appointments, transfers, discipline, retirement, standards of
conduct, adverse action, political activity in employment, hours of work, equal opportunity,
complaints, grievances and appeals to the commission, and the maintaining and keeping of records
of efficiency of officers and employees.
Section 78. That § 3-8-4.2 be amended to read as follows:
3-8-4.2. Any state employee, with the approval of the department head, agency head, or head of
the state institution involved, may use annual leave, weekends, legal holidays, and hours after normal
working hours for performing compensable services to a state institution, department, office, or
agency other than the institution, department, office, or agency which is the employee's primary
employer. Compensation for such additional services performed during such times does not
constitute dual compensation prohibited by § 3-8-4 or 3-8-4.1.
Section 79. That § 3-8-4.3 be amended to read as follows:
3-8-4.3. Any state employee who takes leave of absence without pay from his or her primary
employment with the state may accept payment from the funds of other state institutions,
departments, offices, or agencies for services rendered to such other institution, department, office,
or agency. Compensation for additional services performed while on leave of absence without pay
does not constitute dual compensation within the purview of § 3-8-4 or 3-8-4.1.
Section 80. That § 3-12A-1 be amended to read as follows:
3-12A-1. Terms as used in this chapter mean:
has the option to elect to have his or her dependents covered by the plan;
Section 81. That § 3-12A-2 be amended to read as follows:
3-12A-2. The Bureau of Personnel may establish a group health insurance plan, a group dental insurance plan, or both, for employees of the state. The plan may provide for group health and dental insurance against the financial cost of hospital, surgical, and medical treatment and care, and such other coverage or benefits, including a group life insurance plan and a group disability income insurance plan, as deemed appropriate and desirable by the commissioner. The commissioner may design a cafeteria-style benefit plan which allows an employee to choose his or her own benefits or levels of coverage.
Section 82. That § 3-12A-3 be amended to read as follows:
3-12A-3. The commissioner of the Bureau of Personnel is the chief administrative officer for the plan. The commissioner shall perform such duties as are required in this chapter. The commissioner shall employ such administrative, technical, and clerical employees as are required for the proper administration of the insurance program established in this chapter or contract with another party to provide such administration.
Section 83. That § 3-12A-5.1 be amended to read as follows:
3-12A-5.1. The commissioner of the Bureau of Personnel may provide all, or any part of, the benefits under the plan or plans provided under this chapter by means of a plan which is self-insured in whole or in part. The commissioner may execute contracts with claims administrators selected by the commissioner. In making such selection, the commissioner shall consider, among other things, financial stability, experience, and claims facilities. In evaluating these factors, the commissioner may employ the services of impartial, professional analysts, or actuaries, or both.
Section 84. That § 3-12A-14 be amended to read as follows:
3-12A-14. Any eligible employee may select to have any of the employee's dependents covered by each of the insurance plans. The election shall be made at the time the employee becomes enrolled in the plan, under such procedures as the commissioner may establish.
Section 85. That § 3-12A-16 be amended to read as follows:
3-12A-16. Any employee who has no eligible dependents at the time the employee becomes
enrolled may elect dependent coverage at the time the employee's dependency status changes, under
procedures established by the commissioner.
Section 86. That § 3-12A-17 be amended to read as follows:
3-12A-17. Any employee with dependent coverage, as provided in §§ 3-12A-14 to 3-12A-16,
inclusive, who has a change in the number of dependents may at the time of the change increase or
decrease the number of dependents covered by each of the insurance plans, under procedures
established by the commissioner.
Section 87. That § 3-12A-18 be amended to read as follows:
3-12A-18. Any contract authorized in § 3-12A-5.1 may provide for health insurance for retiring
employees and their spouses and dependents as defined by rules and regulations of the Bureau of
Personnel, and on such terms as the commissioner deems appropriate.
Section 88. That § 3-12A-19 be amended to read as follows:
3-12A-19. The State of South Dakota shall either make a monthly contribution to the system or
otherwise provide for the amount necessary to make payment to the system for the full single rate
monthly health insurance premium for each public employee. This amount shall be transmitted to
the account of the public employees insurance system in the Office of the State Treasurer. The state
treasurer, after making a record of the receipts, shall credit the insurance system with an amount
equal to that remitted or otherwise provided. After the contribution has been assigned to the
insurance system, the Bureau of Personnel shall disburse the contribution in accordance with the
provisions of this chapter and the rules promulgated by the Bureau of Personnel.
Section 89. That § 3-12A-21 be amended to read as follows:
3-12A-21. The employer shall deduct on each payroll of a member for each payroll period the
amount of the insurance premium, including any administrative expense. The employer shall make
deductions from salaries of employees and shall transmit monthly the amount specified to be
deducted to the state treasurer. The state treasurer, after making a record of receipts, shall credit the
public employees insurance system with an amount equal to that remitted by the employer. After the
credit has been assigned to the insurance system, the commissioner shall disburse credit in
accordance with the provisions of this chapter and the rules promulgated by the Bureau of Personnel.
Section 90. That § 3-12A-23 be amended to read as follows:
3-12A-23. Each employee who is covered under any contract authorized under § 3-12A-5.1 shall
receive a certificate setting forth the benefits to which the employee and the employee's dependents
are entitled under this chapter, to whom the benefits are payable, to whom claims shall be submitted,
and a summary of the provisions of the contracts as they affect the employee and the employee's
dependents. The certificate is in lieu of the certificate which the insurance carrier issuing the contract
would otherwise issue.
Section 91. That § 3-12A-25 be amended to read as follows:
3-12A-25. The Bureau of Personnel is responsible for the administration of this chapter and shall
promulgate such rules as are required for the effective administration of the provisions of this chapter
in accordance with chapter 1-26.
Section 92. That § 3-12A-26 be repealed.
Section 93. That § 3-12A-30 be amended to read as follows:
3-12A-30. By electing to participate, a member agrees with the member's employer to reduce his
or her compensation by an amount equal to the costs of the benefits selected under the flexible
benefits plan. Compensation reductions made pursuant to §§ 3-12A-27 to 3-12A-33, inclusive, do
not impact member compensation used to calculate benefits and contributions for the State
Retirement System authorized in chapter 3-12. The employer of the participant shall credit the
participant with an equal amount of flexible dollars. Any flexible dollars not spent during the plan
year revert to the participating employer.
Section 94. That § 3-12A-35 be amended to read as follows:
3-12A-35. The employer shall contribute on each payroll for an employee for each payroll period the amount of the state employees workers' compensation program premium, including any administrative expense. The employer shall transmit monthly the amount specified to be paid to the state treasurer. The state treasurer, after making a record of receipts, shall credit the state employees workers' compensation program with an amount equal to that remitted by the employer. The credit shall be assigned to the state employee workers' compensation program. The commissioner shall disburse the funds according to Title 62 and the rules promulgated by the Department of Labor and the Bureau of Personnel pursuant to chapter 1-26.
An Act to make form and style revisions to certain statutes related to the Bureau of Personnel.
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I certify that the attached Act originated in the
HOUSE as Bill No. 1005
____________________________
Chief Clerk ____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
____________________________
Attest:
____________________________
Secretary of the Senate
House Bill No. 1005 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
