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.