establish protections for state employees who report improper governmental conduct and crime.

More protection for South Dakota state whistleblowers

South Dakota state employees get legal and job protections for good-faith reports to a supervisor or appropriate authority. Full-time, part-time, seasonal, and temporary employees qualify when they witness wrongdoing or have evidence of it. Covered wrongdoing includes prohibited conflicts of interest, felony fraud or theft of government money or property, and job-related felonies. Employees must reasonably believe their reports are accurate; false, malicious, or reckless reports do not qualify. Qualifying reporters are shielded from civil and criminal liability for reports, supporting records, and participation in resulting court proceedings. This immunity does not cover employees who took part in the reported wrongdoing. State agencies cannot fire, suspend, demote, transfer, cut pay or benefits, or impose unfavorable schedules because of protected activity. Protected activities include reports, complaints, starting proceedings, requesting or joining audits, testimony, and exercising other rights under state law. For violations of the immunity section, reporters can sue their employing agency or supervisor in the supervisor's official capacity. They must file in Hughes County circuit court within two years of the violation, without first completing internal procedures. Courts can order violations stopped, reinstatement to the same or an equivalent job, back pay, and full restoration of benefits and seniority. Courts can also award attorney's fees and costs when appropriate. These remedies do not replace the separate remedies preserved under existing state employment law.