An Act to establish mandatory reporting requirements related to crimes, improper governmental conduct, and conflicts of interest, and to provide a penalty therefor.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 3-6C:

A state employee with supervisory authority shall report to the attorney general and the state auditor any other state employee who the reporting state employee reasonably suspects of:

(1) Committing a crime against the state, which constitutes a felony pursuant to the laws of this state;

(2) Engaging in improper governmental conduct; or

(3) Acting with a conflict of interest, as defined or described in:

(a) § 1-16A-6;

(b) § 1-16B-67;

(c) § 1-16H-12;

(d) § 3-16-7;

(e) § 3-16-8;

(f) § 3-23-1;

(g) §§ 5-18A-17 to 5-18A-17.6, inclusive;

(h) § 11-11-14;

(i) § 22-30A-46;

(j) § 42-7A-27; or

(k) § 42-7A-28.

The reporting state employee shall provide all known information pertaining to the suspected crime, improper governmental conduct, or conflict of interest pursuant to a process established by the attorney general and the state auditor.

A violation of this section is a Class 6 felony.

The attorney general shall provide to the Joint Committee on Appropriations, on an annual basis, the number of reports received pursuant to this section and the disposition of each report.

For purposes of this section, "improper governmental conduct" means fraud, misappropriation, or misfeasance.