South Dakota Administrative Code

Rule 03:05:03:03 Individual claims required. 3:05:03:03. Individual claims required. Each claimant shall submit a personal and individual claim for his or her travel expenses. One claimant's travel expenses shall not be a part of another individual's claim. Source: 2 SDR 23, effe…

Rule 03:05:03:03.01 Voucher submission timing. 3:05:03:03.01. Voucher submission timing. A claim for travel expenses must be received by the state auditor within 60 days after the last day of travel. If this timeline is not met, written documentation on a form provided by the sta…

Rule 03:05:03:04 Out-of-state authorization required. 3:05:03:04. Out-of-state authorization required. Every out-of-state travel voucher of every employee shall be supported by a copy of a travel authorization signed by the Governor or his designee. If a travel authorization has …

Rule 03:05:03:05 Repealed. 3:05:03:05. Travel commission approval document required.Repealed. Source: 2 SDR 23, effective September 29, 1975; 11 SDR 51, repealed October 18, 1984.

Rule 03:05:03:06 Charter justification required. 3:05:03:06. Charter justification required. Justification for charter flights shall accompany the voucher. Source: 2 SDR 23, effective September 29, 1975; 11 SDR 54, effective October 23, 1984. General Authority: SDCL 4-9-1.1. Law …

Rule 03:05:03:07 Required documentation for nonstate employee travel. 3:05:03:07. Required documentation for nonstate employee travel. All claims presented for nonstate employee travel shall include receipts, except for meals. The perjury signature and approval signature shall be…

Rule 03:05:03:08 No payment for lodging upon failure to cancel reservation. 3:05:03:08. No payment for lodging upon failure to cancel reservation. No payment shall be made when a claimant fails to cancel reservation. Source: 2 SDR 23, effective September 29, 1975. General Authori…

Rule 03:05:03:09 Automobile rental receipts required. 3:05:03:09. Automobile rental receipts required. Receipts and a statement of justification for car rental services when allowable shall accompany the claim. Source: 2 SDR 23, effective September 29, 1975. General Authority: SD…

Rule 03:05:03:10 Receipts of expenditures required. 3:05:03:10. Receipts of expenditures required. Original copies of receipts of expenditures in excess of one dollar except in cases of taxi fares under five dollars, including lodging but excluding meals, shall be submitted in su…

Rule 03:05:03:11 Airline ticket documentation required. 3:05:03:11. Airline ticket documentation required. The original passenger coupon portion of the airline ticket shall be attached to the travel voucher. Source: SL 1975, ch 16, § 1; transferred from § 5:01:03:05, 2 SDR 23, ef…

Rule 03:05:03:12 Explanation of purpose of travel. 3:05:03:12. Explanation of purpose of travel. The purpose of travel shall be explained in the space provided on the travel voucher. Source: SL 1975, ch 16, § 1; transferred from § 5:01:03:04, 2 SDR 23, effective September 29, 197…

Rule 03:05:03:13 Expenses not allowable for public meetings. 3:05:03:13. Expenses not allowable for public meetings. No state officer or employee who attends or is in the area of a political meeting, the state fair, the inaugural, state basketball or state football tournaments, o…

Rule 03:05:03:14 Measurement of mileage traveled by private automobile on state business. 3:05:03:14. Measurement of mileage traveled by private automobile on state business. When transportation is authorized or approved for privately owned automobiles, distances between points t…

3:05:04:01. Mobile home moving receipts required. Repealed. Source: 2 SDR 23, effective September 29, 1975; 50 SDR 42, effective October 12, 2023.

3:05:04:02. Household moving receipts required. Repealed. Source: 2 SDR 23, effective September 29, 1975; 50 SDR 42, effective October 12, 2023.

Rule 03:05:05:01 Uniform copy of invoice from vendor required. 3:05:05:01. Uniform copy of invoice from vendor required. Vendor invoices shall be the original copy or that copy which each specific vendor regularly gives to the customer. If either of the two mentioned invoices are…

Rule 03:05:05:02 Invoice changes to be made only by vendor -- Exceptions. 3:05:05:02. Invoice changes to be made only by vendor -- Exceptions. Invoice changes shall be made only by the vendor unless the change falls within the following exceptions: (1) Sales tax may be deleted; (…

Rule 03:05:05:03 Repealed. 3:05:05:03. Electrical rate breakdown required.Repealed. Source: 2 SDR 23, effective September 29, 1975; 11 SDR 51, repealed October 18, 1984.

Rule 03:05:05:04 Contracts shall be filed with state auditor. 3:05:05:04. Contracts shall be filed with state auditor. All consulting contracts shall be filed with the state auditor within five days after the contract was entered into. The consulting contracts must be filed befor…

Rule 03:05:05:05 Copy of ads required. 3:05:05:05. Copy of ads required. All claims for payment of ads shall be accompanied by a copy of such advertisement. Source: 2 SDR 23, effective September 29, 1975. General Authority: SDCL 4-9-1.1. Law Implemented: SDCL 3-9-8.

Rule 03:05:05:06 Legal publications. 3:05:05:06. Legal publications. All claims for payment of legal advertisements shall be accompanied by a copy of the affidavit of publication and rate charged. Source: 2 SDR 23, effective September 29, 1975. General Authority: SDCL 4-9-1.1. La…

Rule 03:05:06:01 Personal calls improper expenditure. 3:05:06:01. Personal calls improper expenditure. Personal calls are not a proper claim against the state. Such calls shall be charged to an individual. Source: 2 SDR 23, effective September 29, 1975. General Authority: SDCL 4-…

Rule 03:05:06:02 Photos -- Improper expenditure. 3:05:06:02. Photos -- Improper expenditure. No agency shall be reimbursed from state funds for photos unless such photos are related to state business. Source: 2 SDR 23, effective September 29, 1975. General Authority: SDCL 4-9-1.1…

Rule 03:05:06:03 Repealed. 3:05:06:03. Personalized name tags.Repealed. Source; 2 SDR 23, effective September 29, 1975; 11 SDR 51, effective October 18, 1984; 15 SDR 43, repealed September 18, 1988.

Rule 03:05:06:04 Repealed. 3:05:06:04. The state shall not reimburse for notary seal or notary stamp.Repealed. Source: 2 SDR 23, effective September 29, 1975; 15 SDR 43, repealed September 18, 1988.

Rule 03:05:06:05 No advance payments -- Exception. 3:05:06:05. No advance payments -- Exception. Warrants shall be issued only for services rendered. The exceptions are advance travel and federal publications. Exceptions must have advance approval of the state auditor. Source: 2 …

Rule 03:05:07:01 Issuance of replacement warrants. 3:05:07:01. Issuance of replacement warrants. Before replacement warrants are issued by the auditor for warrants lost or destroyed, a stop payment shall be requested by the employee or agency. A replacement payroll warrant may be…

Rule 03:05:08:01 Those authorized to request electronic fund transfers. 3:05:08:01. Those authorized to request electronic fund transfers. An agency, department, or employee of the state of South Dakota who is authorized to request payment for goods received or services rendered …

Rule 03:05:08:02 Journal voucher used to request electronic fund transfers. 3:05:08:02. Journal voucher used to request electronic fund transfers. The department shall prepare a journal voucher containing the entry code assigned for electronic fund transfers and shall forward the…

Rule 03:05:08:03 Repealed. 3:05:08:03. Evaluation of electronic fund transfer requests. Repealed. Source: 11 SDR 72, effective November 25, 1984; repealed, 42 SDR 77, effective November 30, 2015.

Rule 03:05:08:04 Approval and transfer of electronic fund transfers. 3:05:08:04. Approval and transfer of electronic fund transfers. Electronic fund transfers may only be made by the state treasurer's office with the approval of and at the direction of the state auditor's office.…

Rule 03:05:08:05 File of electronic fund transfers retained. 3:05:08:05. File of electronic fund transfers retained. The state auditor's office shall retain one copy of all requests for electronic fund transfers and one copy of the bank confirmation. Source: 11 SDR 72, effective …

Rule 04:01:01:01 Terms. 4:01:01:01. Terms. Terms defined in SDCL 5-1-2 shall have the same meaning in these rules. Source: 2 SDR 36, effective November 17, 1975. General Authority: SDCL 5-7-37. Law Implemented: SDCL 5-7-21.

Rule 04:01:01:02 Proof of publication. 4:01:01:02. Proof of publication. All newspapers shall file proof of publication with the commissioner before the date of the auction on forms supplied by the department. Source: 2 SDR 36, effective November 17, 1975. General Authority: SDCL…

Rule 04:01:01:03 Successful bidder required. 4:01:01:03. Successful bidder required. Before a lease is executed, the successful bidder shall be required to pay the prorated cost of all advertising as disclosed by the proof of publication thereof filed in the office of the commiss…

Rule 04:01:01:04 Size of lease units. 4:01:01:04. Size of lease units. Leases shall be issued primarily to include units of 640 acres, more or less; and shall be issued for a lesser area only in the event that there are no other lands administered by the department contiguous to …

Rule 04:01:01:05 Minimum rental rate. 4:01:01:05. Minimum rental rate. Acceptable payment in the amount computed at the rate of one dollar per acre, plus a minimum bonus calculated as provided in §§ 4:01:01:06 and 4:01:01:07 for each tract of land in each county, shall accompany …

Rule 04:01:01:06 Minimum bonus by area. 4:01:01:06. Minimum bonus by area. The minimum bonus per acre shall be determined by geographical location within the state of South Dakota. Locations are defined as follows: (1) Area "A" is that portion of South Dakota including the counti…

Rule 04:01:01:07 Minimum bonus rate. 4:01:01:07. Minimum bonus rate. The minimum bonus is as follows: (1) $2.00 per acre for Area "A"; and (2) $0.50 per acre for Area "B." Source: 2 SDR 36, effective November 20, 1975; 5 SDR 25, effective October 12, 1978; 7 SDR 75, effective Feb…

Rule 04:01:01:08 Annual payment required. 4:01:01:08. Annual payment required. All oil and gas rental payments shall be payable on an annual basis. These payments will be as for rent and will cover the privilege of deferring the drilling of a well for 12 months from the anniversa…

Rule 04:01:01:09 Procedure in event of dry hole. 4:01:01:09. Procedure in event of dry hole. If the first well drilled on the land covered in one lease is dry and if the drilling of a second well is not begun within 12 months from the expiration of the last rental period for whic…

Rule 04:01:01:10 Continuation of lease after resumption of rental payments. 4:01:01:10. Continuation of lease after resumption of rental payments. Upon resumption of rental payments as provided in § 4:01:01:09, the conditions of the lease and the operation of these rules shall co…

Rule 04:01:01:11 Completion of a well allowed if commenced within the term of lease. 4:01:01:11. Completion of a well allowed if commenced within the term of lease. The lessee shall have the right to continue drilling a well to completion with reasonable diligence and dispatch if…

Rule 04:01:01:12 Cancellation because of failure to produce. 4:01:01:12. Cancellation because of failure to produce. After the primary term of an oil and gas lease where a lease is bound by production, the lease will be canceled unless the lessee shall commence a new well on the …

Rule 04:01:01:13 Commercial production defined. 4:01:01:13. Commercial production defined. Commercial production, as provided in § 4:01:01:12, shall be a monthly production equal to one-half the average production per month for the preceding six months. Source: 2 SDR 36, effectiv…

Rule 04:01:01:14 Minimum filing fee. 4:01:01:14. Minimum filing fee. A filing fee of $10 per lease shall be charged for each assignment. Requests to write in an overriding royalty provision in a lease shall be considered as an assignment. Source: 2 SDR 36, effective November 17, …

Rule 04:01:01:15 Term of oil and gas lease -- Rental rate. 4:01:01:15. Term of oil and gas lease -- Rental rate. The term of an oil and gas lease is five years. Rental rate is one dollar per acre per year on a drill or pay basis. Source: 2 SDR 36, effective November 20, 1975; 5 S…

Rule 04:01:01:16 Repealed. 4:01:01:16. Royalty rate.Repealed. Source: 2 SDR 36, effective November 17, 1975; 5 SDR 40, effective November 26, 1978; repealed, 19 SDR 42, effective September 28, 1992.

Rule 04:01:01:17 Shut-in royalty clause. 4:01:01:17. Shut-in royalty clause. Each lease shall contain a shut-in royalty clause. An operator shall notify the commissioner of a shut-in on a form obtained from the commissioner's office. The annual shut-in royalty rate is $1.00 per a…

Rule 04:01:01:18 Increment status lease. 4:01:01:18. Increment status lease. An individual may petition for a royalty increment status lease by filing a completed petition form. The petition form shall be obtained from the commissioner. Within 30 days after receipt of a completed…