1-56-1      Definitions .
1-56-2      State Board of Internal Control created--Membership--Quorum.
1-56-3      Promulgation of rules.
1-56-4      Meetings of board--Record of proceedings .
1-56-5      Bureau of Finance and Management to provide administrative support.
1-56-6      Duties of board .
1-56-7      Annual work plan and report.
1-56-8      Designation of agency internal control officer .
1-56-9      Audit findings to be submitted to board.
1-56-10      Grant agreements, evaluation reports, and conflicts of interest to be displayed on website.
1-56-11      State employees to report suspicion of conflict of interest, fraud, or theft.
1-56-12      Grievance for retaliation for reporting violation of state law .

1-56-1. Definitions.

Terms used in this chapter mean:

(1)    "Board," the State Board of Internal Control;

(2)    "Code of conduct," a set of ethical principles and guidelines that constitutes appropriate behavior within an organization;

(3)    "Internal control," a process that integrates the plans, activities, policies, attitudes, procedures, systems, resources, and efforts of an organization and that is designed to provide reasonable assurance that the organization will achieve its objectives and missions and to detect and prevent financial malfeasance;

(4)    "Pass-through grant," a grant awarded by a federal entity to the state entity and transferred or passed to a sub-recipient by the state;

(5)    "State agency," the Legislature, any constitutional officer, the Unified Judicial System, and any department, division, bureau, board, commission, committee, authority, or agency of the State of South Dakota;

(6)    "Sub-recipient," an entity that expends a pass-through grant.

Source: SL 2016, ch 16, § 1, eff. Mar. 16, 2016.

1-56-2. State Board of Internal Control created--Membership--Quorum.

There is hereby created a State Board of Internal Control that consists of seven members. Three members shall represent state agencies under control of the Governor and shall be appointed by the Governor. Each member appointed by the Governor shall serve a three-year term. However, the initial appointments shall be for staggered terms. The remaining members shall be the commissioner of the Bureau of Finance and Management, the state auditor, a Board of Regents administrator's designee, and a member appointed by the Chief Justice of the Supreme Court. Any four of the seven members constitutes a quorum. The commissioner of the Bureau of Finance and Management shall be chair of the board.

Source: SL 2016, ch 16, § 2, eff. Mar. 16, 2016.

1-56-3. Promulgation of rules.

The board may promulgate rules, pursuant to chapter 1-26, to implement a system of internal control in accordance with internal control standards.

Source: SL 2016, ch 16, § 3, eff. Mar. 16, 2016.

1-56-4. Meetings of board--Record of proceedings.

The board shall meet monthly for the first twelve months, and shall meet at least quarterly after the first year. A record of the proceedings of the board shall be kept pursuant to § 1-25-3.

Source: SL 2016, ch 16, § 4, eff. Mar. 16, 2016.

1-56-5. Bureau of Finance and Management to provide administrative support.

The Bureau of Finance and Management shall provide administrative support to the board. If necessary, the board shall seek the advice of the auditor-general.

Source: SL 2016, ch 16, § 5, eff. Mar. 16, 2016.

1-56-6. Duties of board.

The board shall establish and maintain:

(1)    Guidelines for an effective system of internal control to be implemented by state agencies that is in accordance with internal control standards;

(2)    A code of conduct for use by state agencies excluding the Unified Judicial System; and

(3)    A conflict of interest policy for use by state agencies excluding the Unified Judicial System.

The Unified Judicial System may implement the code of conduct and conflict of interest policy in accordance with the code of judicial conduct and employee policies utilized within the Unified Judicial System.

Source: SL 2016, ch 16, § 6, eff. Mar. 16, 2016.

1-56-7. Annual work plan and report.

The board shall create an annual work plan and report which shall be presented to the Governor and the Government Operations and Audit Committee.

Source: SL 2016, ch 16, § 7, eff. Mar. 16, 2016.

1-56-8. Designation of agency internal control officer.

Each state agency shall designate an internal control officer. The board shall make available to each internal control officer guidelines and standards that the state agency shall implement and comply. The board may take other actions as necessary to carry out the purpose and intent of this chapter.

Source: SL 2016, ch 16, § 8, eff. Mar. 16, 2016.

1-56-9. Audit findings to be submitted to board.

After the review of an audit in accordance with § 4-11-2.1, the auditor-general shall submit to the board a copy of any audit report correspondence sent to a state agency identifying audit findings pertaining to federal award programs administered by the state agency.

Source: SL 2016, ch 16, § 9, eff. Mar. 16, 2016.

1-56-10. Grant agreements, evaluation reports, and conflicts of interest to be displayed on website.

The grant agreement for each grant, pass-through grant, or any other award granted by a state agency to a nonstate agency after July 1, 2016, shall be displayed on the website created pursuant to § 1-27-45 for not less than the retention period prescribed by § 1-27-4.1.

Each grant agreement shall include an attestation by the award recipient or sub-recipient that:

(1)    A conflict of interest policy is enforced within the recipient's or sub-recipient's organization;

(2)    The Internal Revenue Service Form 990 has been filed, if applicable, in compliance with federal law, and is displayed immediately after filing on the recipient's or sub-recipient's website;

(3)    An effective internal control system is employed by the recipient's or sub-recipient's organization; and

(4)    If applicable, the recipient or sub-recipient is in compliance with the federal Single Audit Act, in compliance with § 4-11-2.1, and audits are displayed on the recipient's or sub-recipient's website.

Any sub-recipient evaluation report or program evaluation report completed by a state agency for the federal government for a grant where a state agency serves as a pass-through entity to a nonstate agency shall be posted on the website created pursuant to 1-27-45. Any information in the report that would be exempt from public disclosure under chapter 1-27 may be redacted prior to posting.

Any conflict of interest as outlined in the organization's conflict of interest policy as required by this section within the recipient or sub-recipient's organization to which this section applies shall be disclosed to the state agency and displayed on the website created pursuant to § 1-27-45 with its corresponding grant agreement.

Source: SL 2016, ch 16, § 10, eff. Mar. 16, 2016; SL 2018, ch 44, §§ 3, 7.

1-56-11. State employees to report suspicion of conflict of interest, fraud, or theft.

A state employee who suspects the existence of a conflict of interest, fraud, or theft shall report the matter immediately to any, of the following:

(1)    The employee's immediate supervisor;

(2)    The attorney general's office; or

(3)    The Department of Legislative Audit.

Source: SL 2016, ch 16, § 11, eff. Mar. 16, 2016.

1-56-12. Grievance for retaliation for reporting violation of state law.

Pursuant to § 3-6D-22, an employee may file a grievance with the Civil Service Commission if the employee believes that there has been retaliation because of reporting a violation of state law.

Source: SL 2016, ch 16, § 12, eff. Mar. 16, 2016.