CHAPTER 1-33
DEPARTMENT OF EXECUTIVE MANAGEMENT
1-33-1 Department continued.
1-33-2 Governor as head of office.
1-33-3 Bureaus and other agencies constituting department.
1-33-4 Appointment of bureau heads--Titles.
1-33-5 Repealed by SL 2012, ch 23, §§ 2, 3.
1-33-7 Annual report and recommendations by finance commissioner on building authorities.
1-33-8.1 Bureau of Human Resources and Administration--Administrative functions--Board and commission.
1-33-8.2 Repealed.
1-33-8.3 Bureau of Human Resources and Administration--Financing.
1-33-8.4 Bureau of Human Resources and Administration--Commissioner--Duties--Oath.
1-33-8.5 Bureau of Human Resources and Administration--Commissioner--Qualification.
1-33-8.6 Commissioner of Human Resources and Administration--Member of Board of Finance.
1-33-8.7 Commissioner of Human Resources and Administration--Accounting of contracts--Uniform costs.
1-33-8.8 Commissioner of Human Resources and Administration--Local government service contracts limiting remedies.
1-33-8.9 Commissioner of Human Resources and Administration--Cooperation with other agencies and public corporations.
1-33-8.10 Bureau of Human Resources and Administration--Contracts with political subdivisions--Appropriation.
1-33-8.11 Extraordinary litigation fund--Continuous appropriation--Sovereign immunity--Life protection subfund.
1-33-8.12 Central mail service fund--Apportionment of expenses.
1-33-8.13 Central office supply program--Supply internal service fund.
1-33-9 Bureau of Human Resources and Administration--Duties.
1-33-9.1 Bureau of Human Resources and Administration continued.
1-33-10 Repealed.
1-33-10.1 Bureau of Human Resources and Administration student internships.
1-33-11 Repealed by SL 2012, ch 23, §§ 6 to 8.
1-33-14 1-33-14. Repealed by SL 1984, ch 207, § 8.
1-33-15 1-33-15. Transferred to § 1-52-3.1 by SL 2005, ch 10, § 10.
1-33-16 1-33-16 to 1-33-17. Repealed by SL 2005, ch 10, §§ 11 to 13.
1-33-18 1-33-18 to 1-33-19.1. Transferred to §§ 1-52-3.2 to 1-52-3.4 by SL 2005, ch 10, §§ 14 to 16.
1-33-19.2 1-33-19.2. Transferred to § 1-52-13 by SL 2009, ch 1, § 120.
1-33-20.1 1-33-20.1. Repealed by SL 2005, ch 10, § 19.
1-33-21 Community development block grant program transferred to Governor's Office of Economic Development.
1-33-22 1-33-22. Transferred to § 1-52-3.5 by SL 2005, ch 10, §§ 21, 43.
1-33-23 1-33-23. Repealed by SL 2005, ch 10, § 22.
1-33-24 1-33-24, 1-33-25. Repealed by SL 1992, ch 13, §§ 1, 2.
1-33-26 Creation of Office of Digital Dakota Network--Purposes--Policies and rules.
1-33-27 1-33-27 to 1-33-29. Repealed by SL 2005, ch 16, §§ 8 to 10.
1-33-30 Responsibilities of commissioner--Network use and programming.
1-33-31 Bureau authorized to contract for expert assistance.
1-33-32 Bureau to submit budgets and proposals to Governor.
1-33-33 Acceptance and expenditure of funds.
1-33-34 1-33-34. Repealed by SL 2013, ch 13, § 1.
1-33-35 Operation of network by Bureau of Information and Telecommunications.
1-33-36 Adoption of rules for Digital Dakota Network.
1-33-37 Bureau of Information and Telecommunications created.
1-33-38 Commissioner of Bureau of Information and Telecommunications--Powers and duties of bureau.
1-33-39 Appointment of commissioner of Bureau of Information and Telecommunications.
1-33-40 Determining divisions within the Bureau of Information and Telecommunications.
1-33-41 Bureau of Information and Telecommunications authorized to contract with other state agencies.
1-33-42 Definitions.
1-33-43 Functions of Bureau of Information and Telecommunications.
1-33-44 Installation of data processing, telecommunication, and office equipment--Approval of requests.
1-33-45 Service agency for data processing--Agreements with political subdivisions.
1-33-46 Board of Regents--Joint exercise of power.
1-33-47 Expenditures of appropriated moneys by board to acquire equipment--Deposit in fund.
1-33-48 Commissioner allowed to enter into agreements to acquire equipment.
1-33-49 Rules and regulations by commissioner of information and telecommunications--Administrative charges for contractual services.
1-33-50 Internal service fund for data processing--Use of revenues--Maximum operating balance.
1-33-51 Service agency financed by internal service fund--Fee schedule.
1-33-52 1-33-52. Repealed by SL 2013, ch 13, § 2.
1-33-53 Contracts with leasing companies for purchase and lease of data processing equipment.
1-33-54 Data processing service and maintenance contracts--Limitation of remedies.
1-33-55 Charges for early termination of data processing equipment contracts--Maximum payable without legislative appropriation.
1-33-56 1-33-56. Repealed by SL 2013, ch 13, § 3.
1-33-57 Functions, authorities, and positions of the Office of Educational Telecommunications transferred.
1-33-58 Commissioner of Bureau of Information and Telecommunications to perform functions of secretary of former Department of Education and Cultural Affairs.
1-33-59 Functions, authorities, and positions of Office of Digital Dakota Network transferred.
1-33-60 1-33-60. Repealed by SL 1995, ch 322 (Ex Ord 95-6), §§ 17, 18.
1-33-61 Educational Telecommunications Board of Directors continued.
1-33-62 1-33-62. Repealed by SL 1995, ch 322 (Ex Ord 95-6), § 19.
1-33-63 Background investigation of information technology employees and contractors.
1-33-64 Bureau of Information and Telecommunications--Administrative charges for IT services--Promulgation of rules.
1-33-65 Data processing, office systems, and telecommunications--Costs in contract.
1-33-1. Department continued.
The Department of Executive Management is hereby continued.
Source: SL 1973, ch 2, § 10; SL 2005, ch 10, § 9.
1-33-2. Governor as head of office.
The head of the Department of Executive Management is the Governor.
Source: SL 1973, ch 2, § 11; SL 2003, ch 272 (Ex. Ord. 03-1), § 82.
1-33-3. Bureaus and other agencies constituting department.
The Department of Executive Management consists of the Bureau of Finance and Management, the Bureau of Human Resources and Administration, 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.
Source: SL 1973, ch 2, § 12; SL 1974, ch 3, § 9; SL 1982, ch 17, § 1; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 96, eff. Apr. 12, 2011; SL 2012, ch 23, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), § 30, eff. Apr. 8, 2024.
1-33-4. Appointment of bureau heads--Titles.
Except as provided by § 1-33-10, the heads of the bureaus within the Department of Executive Management are appointed by the Governor and serve at the Governor's pleasure, and each have the title of commissioner.
Source: SL 1973, ch 2, § 13; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2023, ch 3, § 10.
1-33-5, 1-33-6. Repealed by SL 2012, ch 23, §§ 2, 3.
1-33-7. Annual report and recommendations by finance commissioner on building authorities.
The commissioner of finance and management shall submit at least annually to the Governor and Legislature a review, analysis, and set of recommendations concerning the operations and structure of the following agencies:
(1) The State Building Authority created by chapter 5-12;
(2) The Health and Educational Facilities Authority created by chapter 1-16A.
Source: SL 1973, ch 2, § 16.
1-33-8.1. Bureau of Human Resources and Administration--Administrative functions--Board and commission.
The Bureau of Human Resources and Administration shall perform all administrative functions except special budgetary functions (as defined in § 1-32-1) of the following agencies:
(1) The Records Destruction Board created by chapter 1-27; and
(2) The Capitol Complex Restoration and Beautification Commission continued by chapter 5-15.
Source: SL 1974, ch 3, § 5; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 29, 34, eff. Apr. 8, 2024.
1-33-8.3. Bureau of Human Resources and Administration--Financing.
The operations of the Bureau of Human Resources and 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 Human Resources and Administration.
Source: SL 1988, ch 11, § 6; SL 2006, ch 2, § 8; SL 2011, ch 2, § 14; SDCL § 1-14-12.16; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.
1-33-8.4. Bureau of Human Resources and Administration--Commissioner--Duties--Oath.
The commissioner of human resources and 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 Human Resources and Administration. The commissioner shall qualify by taking and filing with the secretary of state the constitutional oath of office.
Source: SL 2024, ch 1 (Ex. Ord. 24-1), § 27, eff. Apr. 8, 2024.
1-33-8.5. Bureau of Human Resources and Administration--Commissioner--Qualification.
No person may be appointed as the commissioner of human resources and administration unless the person has had experience in administration.
Source: SL 2024, ch 1 (Ex. Ord. 24-1), § 26, eff. Apr. 8, 2024.
1-33-8.6. Commissioner of Human Resources and Administration--Member of Board of Finance.
The commissioner of human resources and 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; SDCL § 1-14-4; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.
1-33-8.7. Commissioner of Human Resources and Administration--Accounting of contracts--Uniform costs.
The commissioner of human resources and administration shall be responsible for all accounting associated with contracts between the Bureau of Human Resources and Administration and the state agencies. The commissioner of human resources and 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; SDCL § 1-14-12.15; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.
1-33-8.8. Commissioner of Human Resources and Administration--Local government service contracts limiting remedies.
The commissioner of human resources and 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; SDCL § 1-14-12.17; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.
1-33-8.9. Commissioner of Human Resources and Administration--Cooperation with other agencies and public corporations.
The commissioner of human resources and 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; SDCL § 1-14-14; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.
1-33-8.10. Bureau of Human Resources and Administration--Contracts with political subdivisions--Appropriation.
Every political subdivision of this state may contract with the Bureau of Human Resources and 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; SDCL § 1-14-14.1; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.
1-33-8.11. Extraordinary litigation fund--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 Human Resources and 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. The fund may also be used for the payment of any self-insured retention for which the state is responsible under a cyber liability insurance policy purchased by the state. 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 human resources and 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; SL 2019, ch 1, § 1, eff. Mar. 21, 2019; SDCL § 1-14-3.1; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 31, eff. Apr. 8, 2024.
1-33-8.12. 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 human resources and 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; SDCL § 1-14-18; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 31, eff. Apr. 8, 2024.
1-33-8.13. Central office supply program--Supply internal service fund.
The Bureau of Human Resources and 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; SDCL § 1-14-19; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.
1-33-9. Bureau of Human Resources and Administration--Duties.
The Bureau of Human Resources and Administration shall:
(1) Provide workers' compensation coverage and a group health and flexible benefit plan for all state employees unless such duties are delegated to another agency pursuant to chapter 1-24;
(2) Administer recruitment and classification for all civil service employees unless such duties are delegated to another agency pursuant to chapter 1-24;
(3) Provide human resource management and programs including programs governing human resource planning, training and development, internships, performance evaluation, employee assessment and testing, classification, compensation, recruitment, and other matters relating to human resource management for all of the executive branch of state government under the control of the Governor and by agreement for other state government agencies;
(4) Perform all administrative functions for the Civil Service Commission;
(5) Employ such staff as are necessary to perform its duties;
(6) Contract as is necessary to perform its duties;
(7) Keep an exact and true inventory of all property, real and personal, belonging to the state 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;
(8) Administer the procurement of supplies, services, and public improvements as prescribed in chapters 5-18A, 5-18B, and 5-18D;
(9) Supervise such central administrative services as transportation, mail, records management, and document reproduction services, and make provisions for the supplying of office supplies and furniture;
(10) Maintain the buildings and grounds of the capitol complex and install central facilities to be used by all state agencies under rules the bureau promulgates pursuant to chapter 1-26;
(11) Contract for the provision of food services, candy, and beverages in the capitol complex;
(12) Supervise the administration of the Office of Hearings Examiners;
(13) Administer the federal surplus property allotted to the state;
(14) Provide for the lease of real property necessary for the operation of state government;
(15) Administer a program of risk management for state government;
(16) Contract for services required by multiple state agencies, if the contract improves the efficiency of state government; and
(17) Take any other function as may be required by statute, executive order, or administrative action.
Source: SL 1973, ch 23, § 5; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2012, ch 23, § 4; SL 2024, ch 1 (Ex. Ord. 24-1), § 28, eff. Apr. 8, 2024.
1-33-9.1. Bureau of Human Resources and Administration continued.
The Bureau of Human Resources and Administration shall continue within the Department of Executive Management, and all its functions shall be performed by the Department of Executive Management.
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; SL 2021, ch 5, § 1; SDCL § 1-14-1; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 31, eff. Apr. 8, 2024.
1-33-10. Repealed.
Source: SL 1973, ch 23, § 7; SL 2010, ch 19, § 1; SL 2012, ch 23, § 5; SL 2024, ch 1 (Ex. Ord. 24-1), § 33, eff. Apr. 8, 2024.
1-33-10.1. Bureau of Human Resources and Administration student internships.
There is hereby created a student intern program within the Bureau of Human Resources and Administration to provide administrative internships for students to foster knowledge and understanding of the governmental process and to provide assistance to the executive branch of state government.
Source: SL 2014, ch 10, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), § 35, eff. Apr. 8, 2024.
1-33-11 to 1-33-13. Repealed by SL 2012, ch 23, §§ 6 to 8.
1-33-21. Community development block grant program transferred to Governor's Office of Economic Development.
The community development block grant program, which has been administered through the Department of Water and Natural Resources is hereby transferred to the Governor's Office of Economic Development.
Source: SL 1987, ch 390 (Ex. Ord. 87-1), § 35.
1-33-26. Creation of Office of Digital Dakota Network--Purposes--Policies and rules.
There is hereby created within the Bureau of Information and Telecommunications an Office of Digital Dakota Network for the purposes of advising the commissioner of information and telecommunications in identifying statewide video telecommunications network options, creating a telecommunications network, providing cost-effective services for education, government, business, and rural economic development, ensuring network uses are consistent with the best interests of the state and network users. The Bureau of Information and Telecommunications shall establish policies and rules to implement the Digital Dakota Network.
Source: SL 1992, ch 373 (Ex. Ord. 92-3), § 17; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 1995, ch 322 (Ex. Ord. 95-6), §§ 17, 18; SL 2005, ch 16, § 3.
1-33-30. Responsibilities of commissioner--Network use and programming.
The commissioner of information and telecommunications shall be responsible for administration of policies and administrative rules, and shall be responsible for network use and programming.
The functions provided in chapter 1-33 and the rule-making authority of § 1-33-38, as it regards the determination of issues related to use, programming, policies, and management of the network are hereby transferred to the Bureau of Information and Telecommunications.
Source: SL 1992, ch 373 (Ex. Ord. 92-3), § 21; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 1995, ch 322 (Ex. Ord. 95-6), §§ 17, 18.
1-33-31. Bureau authorized to contract for expert assistance.
The Bureau of Information and Telecommunications may contract for expert assistance to assist in the performance of its responsibilities under this chapter.
Source: SL 1992, ch 373 (Ex. Ord. 92-3), § 22; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 1995, ch 322 (Ex. Ord. 95-6), §§ 17, 18.
1-33-32. Bureau to submit budgets and proposals to Governor.
The Bureau of Information and Telecommunications shall prepare and submit budgets and proposals for management of the Digital Dakota Network to the commissioner of information and telecommunications.
Source: SL 1992, ch 373 (Ex. Ord. 92-3), § 23; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 1995, ch 322 (Ex. Ord. 95-6), §§ 17, 18; SL 2005, ch 16, § 4.
1-33-33. Acceptance and expenditure of funds.
The bureau may accept and expend any funds obtained from federal sources, gifts, contributions, or any other source if such acceptance and expenditure is approved in accordance with § 4-8B-10. The Bureau of Information and Telecommunications shall continue to be responsible for the expenditure of funds authorized for building, expanding, maintaining, and operating the network.
Source: SL 1992, ch 373 (Ex. Ord. 92-3), § 24; SL 1994, ch 412 (Ex. Ord. 94-4), § 21.
1-33-35. Operation of network by Bureau of Information and Telecommunications.
Operation of the Digital Dakota Network including design of a video network structure compatible with the existing telecommunications infrastructure, the administration of a billing service system for users of the network and issues related to operation of the network shall continue to be the responsibility of the Bureau of Information and Telecommunications pursuant to chapter 1-33.
Source: SL 1992, ch 373 (Ex. Ord. 92-3), § 26; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 2005, ch 16, § 5.
1-33-36. Adoption of rules for Digital Dakota Network.
The Bureau of Information and Telecommunications may adopt, pursuant to chapter 1-26, administrative rules regarding Digital Dakota Network operations, practices, procedures, billings, fees, sites, program sources, program content, program distribution, terminal sites, and any other need identified for successful operation of the Digital Dakota Network.
Source: SL 1992, ch 373 (Ex. Ord. 92-3), § 27; SL 1995, ch 322 (Ex. Ord. 95-6), §§ 17, 18; SL 2005, ch 16, § 6.
1-33-37. Bureau of Information and Telecommunications created.
There is hereby created within the Department of Executive Management the Bureau of Information and Telecommunications.
Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 17; SL 2003, ch 272 (Ex. Ord. 03-1), § 82.
1-33-38. Commissioner of Bureau of Information and Telecommunications--Powers and duties of bureau.
The head of the Bureau of Information and Telecommunications is the commissioner of information and telecommunications.
The Bureau of Information and Telecommunications shall be administered by the commissioner of information and telecommunications, who shall:
(1) Provide such assistance, under the rules and regulations as hereinafter provided, as shall be necessary for the efficient performance of the official duties imposed upon the various departments and divisions by this code;
(2) Employ such staff and maintain facilities as necessary to operate a local government services program which shall provide or arrange for services for public corporations pursuant to the provisions of § 1-33-45.
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; SDCL, § 1-14-12; SL 1994, ch 412 (Ex. Ord. 94-4), § 18.
1-33-39. Appointment of commissioner of Bureau of Information and Telecommunications.
The commissioner of the Bureau of Information and Telecommunications shall be appointed by, and serve at, the pleasure of the Governor.
Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 19.
1-33-40. Determining divisions within the Bureau of Information and Telecommunications.
Divisions within the Bureau of Information and Telecommunications shall be determined by the commissioner.
Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 20.
1-33-41. Bureau of Information and Telecommunications authorized to contract with other state agencies.
The Bureau of Information and Telecommunications may contract with other state agencies for administrative support, accounting, payroll, and personnel services.
Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 28.
1-33-42. Definitions.
Terms used in §§ 1-33-37 to 1-33-61, inclusive, unless the context otherwise plainly requires, mean:
(1) "Data processing," any automated collection, storage, manipulation, and retrieval of data including: central processing units for micro, mini, and mainframe computers; any related peripheral equipment such as, but not limited to, terminals, document scanners, word processors, intelligent copiers, disk units, tape units, controllers, plotters, offline memory storage, printer devices, and data transmission equipment; and any software such as, but not limited to, operating systems, teleprocessing monitors, data base monitors, library and maintenance routines, and application programs.
(2) "Office systems technology," office equipment such as typewriters, duplicating, photocopy, and paper handling machines or equipment, micrographic equipment, and printing equipment and services.
(3) "Services," the providing of consultant assistance for any aspect of information technology, to include data processing, office system technology, and telecommunication systems and networks.
(4) "Telecommunications," any transmission, emission, or reception of signals of any kind containing communications of any nature, by wire, radio, optical, or other electromagnetic means, including all facilities, equipment, supplies, and services for transmission, emission, or reception. Telecommunications does not include data processing services provided or authorized by the Bureau of Human Resources and Administration or Federal Communication Commission licensed facilities under the control of the South Dakota Board of Educational Telecommunications.
Source: SL 1983, ch 4, § 1; SL 1990, ch 446; SDCL, § 1-14-12.10; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
1-33-43. Functions of Bureau of Information and Telecommunications.
The Bureau of Information and Telecommunications shall perform functions to include:
(1) Providing technical and management assistance to state agencies and institutions as to systems or methods to be used to meet information and communication requirements efficiently and effectively;
(2) Developing and proposing operational technical standards for the state information systems which will ensure the interconnection of computer networks and information of state agencies;
(3) Purchasing from, or contracting with, suppliers and communications common carriers for communications facilities or services;
(4) Cooperating with any federal, state, or local emergency management agency in providing for emergency communication and information services;
(5) Providing, where deemed feasible, a means whereby local governmental agencies, the association authorized by § 13-8-10.1, and the school administrators of South Dakota may utilize the state communication and information systems and service;
(6) In cooperation with the appropriate state agencies, plan, design, and conduct experiments in information services, equipment, and technology, and to implement enhancements in the state information system; and
(7) Providing, where deemed feasible, any tribally controlled school or Bureau of Indian Education school a means to utilize the state communication and information systems and service at the school's expense and purchase bandwidth at the same rate as other agencies listed in this chapter.
Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 29; SL 1999, ch 227, § 11; SL 2018, ch 15, § 1.
1-33-44. Installation of data processing, telecommunication, and office equipment--Approval of requests.
The Bureau of Information and Telecommunications shall develop, install, and direct office systems technology, software, and services; telecommunication equipment, software, and services; and data processing equipment, software, and services to serve statewide needs. The Bureau of Information and Telecommunications may approve, disapprove, or modify requests of departments, agencies, commissions, institutions, or any other units of state government which involve the acquisition by lease or purchase of any office systems technology, software, and services; telecommunication equipment, software, and services; and data processing equipment, software, and services.
The bureau shall take into consideration the unique needs of the separate legislative and judicial branches of government, the constitutional offices, and the Public Utilities Commission when evaluating requests for software acquisition. Nothing in this section may be construed to prevent the legislative and judicial branches of government, the constitutional offices, and the Public Utilities Commission from carrying out their separate functions or responsibilities.
Source: SL 1966, ch 170, § 3; SDCL, § 4-7-21; SL 1982, ch 8; SL 1983, ch 4, § 2; SDCL, § 1-14-12.1; SL 1994, ch 412 (Ex. Ord. 94-4), § 21.
1-33-45. Service agency for data processing--Agreements with political subdivisions.
The Bureau of Information and Telecommunications, at the direction and under the control of the Governor, and subject to the provisions of this chapter, shall develop and administer a service agency whose primary purpose shall be to serve statewide needs relating to automatic data processing services and to provide such services for any department, agency, commission, institution, or any other units of state government and for any of the political subdivisions of the state. The commissioner of information and telecommunications is hereby authorized to enter into agreements with any political subdivision for such purposes, and any political subdivision is hereby authorized to enter into such agreements for automatic data processing services.
Source: SL 1966, ch 170, § 3; SDCL, § 4-7-22; SDCL, § 1-14-12.2; SL 1994, ch 412 (Ex. Ord. 94-4), § 21.
1-33-46. Board of Regents--Joint exercise of power.
To effectuate the purposes of this chapter, the South Dakota Board of Regents may provide and enter into an agreement for the joint exercise of governmental power with the Bureau of Information and Telecommunications.
Source: SL 1983, ch 4, § 3; SDCL, § 1-14-12.11; SL 1994, ch 412 (Ex. Ord. 94-4), § 21.
1-33-47. Expenditures of appropriated moneys by board to acquire equipment--Deposit in fund.
Moneys appropriated to state boards, commissions, agencies, and other instrumentalities for the purchase of equipment may be paid to the Bureau of Information and Telecommunication and expended by the bureau to acquire the equipment by purchase or by lease. Moneys so paid in any year but not required to be expended for lease purchase payments shall be deposited in a fund administered by the Bureau of Information and Telecommunication which shall be available for renewal and replacement of existing equipment. Any money in the fund is continuously appropriated for the purposes of §§ 1-33-47 and 1-33-48.
Source: SL 1988, ch 15, § 1; SDCL, § 1-14-16; SL 1994, ch 412 (Ex. Ord. 94-4), § 21.
1-33-48. Commissioner allowed to enter into agreements to acquire equipment.
The commissioner of information and telecommunication may enter into purchase or lease-purchase agreements providing for the acquisition of equipment for state boards, commissions, agencies, and instrumentalities, and shall have all powers determined by the commissioner to be necessary to accomplish this purpose.
Source: SL 1988, ch 15, § 2; SDCL, § 1-14-17; SL 1994, ch 412 (Ex. Ord. 94-4), § 21.
1-33-49. Rules and regulations by commissioner of information and telecommunications--Administrative charges for contractual services.
The commissioner of information and telecommunications is empowered and it shall be his duty, to prescribe regulations, not inconsistent with law for the government of his bureau, the distribution and performance of its business, and the custody, use, and preservation of records, papers, books, and property pertaining thereto and on such other subjects as the law may specifically authorize him to make regulations.
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: SDC 1939, § 55.2004; SL 1988, ch 11, § 11; SDCL §§ 1-14-13, 1-14-14.2; SL 1994, ch 412 (Ex. Ord. 94-4), § 21.
1-33-50. Internal service fund for data processing--Use of revenues--Maximum operating balance.
There is hereby established in the state treasury a data processing internal service fund. Any receipts or revenues into said fund may be expended for the purpose of defraying the expenses of the data processing services provided by the service agency authorized by § 1-33-45. The fee schedule for services rendered by the service agency shall provide for a maximum operating balance of two months' average operating expenditures incurred by such operation. This average shall be calculated on an accrual basis and shall be double a moving monthly average of the twelve months' operating expenditures preceding the month of operation.
Source: SL 1966, ch 181; SDCL, § 4-7-23; SL 1970, ch 30, § 5; SL 1974, ch 41; SDCL, § 1-14-12.3.
1-33-51. Service agency financed by internal service fund--Fee schedule.
The operations of the service agency shall be financed by means of appropriations, gifts, grants, or reimbursements for services rendered which shall be receipted into the data processing internal service fund authorized and established in the state treasury by § 1-33-50. The fee schedule for such services shall be designed, to the extent practicable, to recover all costs incurred in the operation of the service agency.
Source: SL 1966, ch 170, § 3; SDCL, § 4-7-24; SDCL, § 1-14-12.5.
1-33-53. Contracts with leasing companies for purchase and lease of data processing equipment.
A state agency using leased automatic data processing equipment may, with the approval of the commissioner of information and telecommunications, enter into a contract with a leasing company for the lease or purchase by the agency of automatic data processing equipment with nonstate funds furnished by the company, and may transfer the title of the equipment to the leasing company for lease back to the agency at a rate which takes into account the value of any accruals applied to the equipment. A state agency may also transfer nonstate funds from a leasing company to the seller of automatic data processing equipment without complying with the requirements of law relating to the deposit of funds in the state treasury.
Source: SL 1978, ch 7, § 4; SDCL, § 1-14-12.9; SL 1994, ch 412 (Ex. Ord. 94-4), § 21.
1-33-54. Data processing service and maintenance contracts--Limitation of remedies.
The commissioner of information and telecommunications may enter into automatic data processing equipment and maintenance contracts which contain reasonable and lawful provisions regarding limitation of remedies. Nothing in this section, however, shall authorize a limitation of remedies which is contrary to the provisions of chapter 53-9.
Source: SL 1978, ch 7, § 3; SDCL, § 1-14-12.8; SL 1994, ch 412 (Ex. Ord. 94-4), § 21.
1-33-55. Charges for early termination of data processing equipment contracts--Maximum payable without legislative appropriation.
Termination charges or fees for early termination of a state contract for automatic data processing equipment, not to exceed five thousand dollars, may be authorized by the commissioner of information and telecommunications if the requesting agency can pay the charges from its operating budget. If the charges or fees needed exceed five thousand dollars, they shall be paid from a special legislative appropriation for the purpose of paying the termination charges or fees for a particular contract.
Source: SL 1978, ch 7, § 2; SDCL, § 1-14-12.7; SL 1994, ch 412 (Ex. Ord. 94-4), § 21.
1-33-57. Functions, authorities, and positions of the Office of Educational Telecommunications transferred.
The functions, authorities, and positions of the Office of Educational Telecommunications, provided in chapter 13-47, are hereby transferred to the Bureau of Information and Telecommunications.
Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 22.
1-33-58. Commissioner of Bureau of Information and Telecommunications to perform functions of secretary of former Department of Education and Cultural Affairs.
The commissioner of information and telecommunications shall perform the functions of the secretary of the former Department of Education and Cultural Affairs relating to the Office of Educational Telecommunications, provided in chapter 13-47.
Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 23; SL 2003, ch 272 (Ex. Ord. 03-1), § 82.
1-33-59. Functions, authorities, and positions of Office of Digital Dakota Network transferred.
The functions, authorities, and positions of the Office of Digital Dakota Network, pursuant to chapter 1-33 are hereby transferred to the Bureau of Information and Telecommunications.
Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 24; SL 2005, ch 16, § 7.
1-33-61. Educational Telecommunications Board of Directors continued.
The Educational Telecommunications Board of Directors is hereby continued and shall exercise its established functions, provided in chapter 13-47, with relation to the Bureau of Information and Telecommunications.
Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 26.
1-33-63. Background investigation of information technology employees and contractors.
The commissioner of the Bureau of Information and Telecommunications may require any information technology employee, new employee, or contractor to pass a background investigation. The background investigation may be criminal or of another nature. The state and federal criminal background investigation shall be by means of a fingerprint check by the Division of Criminal Investigation and the Federal Bureau of Investigation. The bureau shall submit the completed fingerprint card to the Division of Criminal Investigation before the new employee or contractor enters into service. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the background investigation. Any person whose employment or contract is subject to the requirements of this section shall pay any fee charged for the background investigation.
Source: SL 2017, ch 9, § 1.
1-33-64. Bureau of Information and Telecommunications--Administrative charges for IT services--Promulgation of rules.
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; SDCL § 1-14-14.2; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 31, 32, eff. Apr. 8, 2024.
1-33-65. Data processing, office systems, and telecommunications--Costs in contract.
The Bureau of Human Resources and 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; SDCL § 1-14-12.14; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.
