Title 3, PUBLIC OFFICERS AND EMPLOYEES

A person upon accepting civil service employment with any agency covered by this chapter shall be placed on a probationary period. For a law enforcement officer, the probationary period shall be twelve months. For all other civil service employment, the probationary period shall …

The director of the Division of Criminal Investigation shall establish and maintain records on law enforcement employees within the Division of Criminal Investigation relating to the provisions of this chapter. Source: SL 2012, ch 23 , § 61.

The Government Operations and Audit Committee shall review and investigate any matter referred to the committee by the Division of Criminal Investigation and may recommend appropriate action. The committee shall promptly notify the subject of the affidavit and resolve the matter …

The commission shall hold meetings as necessary to carry out its duties under this chapter. The commission shall elect one of its members as chair at the first meeting in each year. Four members shall constitute a quorum for the conduct of business. If the subject of any meeting …

This chapter applies to all executive branch employees of state government, but excluding: (1) Elected officers and all employees in the offices of the secretary of state, state treasurer, state auditor, commissioner of school and public lands, and public utilities commission; (2…

Each civil service applicant and civil service employee shall be accorded the following protections: (1) Discrimination on the basis of political affiliation in regard to the hiring, promotion, termination, or any other tangible employment action relating to a civil service emplo…

Any personnel management actions taken under the provisions of this chapter shall comply with merit standards as follows: (1) Recruiting, selecting, and advancing civil service employees through open consideration of qualified applicants for initial appointments and promotions. S…

The commission shall promulgate rules, pursuant to chapter 1-26 , in the areas of recruitment, examination, selection, and promotion of civil service employees to be administered by the human resources commissioner. Each examination shall relate to matters that will fairly test t…

Each civil service appointment shall be made from among the best qualified persons from a list of eligible applicants. Any person who makes an appointment contrary to the provisions of this section is guilty of a Class 1 misdemeanor. Source: SL 2012, ch 23 , § 45; SL 2019, ch 21 …

The human resources commissioner may delegate the administration of this chapter to state institutions and departments throughout the state. However, the human resources commissioner shall delegate to institutions under the jurisdiction of the Board of Regents the administration …

The bureau may establish a benefits plan for plan-eligible employees of the state. The plan may either be self-funded or established as a group health insurance program. The plan may provide for group health coverage against the financial cost of hospital, surgical, pharmacy, and…

Any funds transmitted to the Office of the State Treasurer as designated transfers to the state employees' benefits plan shall be placed in the trust fund established by this chapter and entitled the state employees' benefits plan fund. Disbursements from the fund shall be made b…

The bureau shall make available upon request, to each member, a certificate setting forth the benefits to which the member and the member's dependents are entitled under this chapter, to whom the benefits are payable, to whom claims shall be submitted, and a summary of the provis…

Any benefits payable under the plan may be paid either directly to the attending physician, dentist, hospital, medical, or dental group, or other person, corporation, limited liability company, association, or firm furnishing the service upon which the claim is based, or to the m…

The human resources commissioner is responsible for the administration of this chapter and shall promulgate rules required for the effective administration of the provisions of this chapter pursuant to chapter 1-26 . The rules may be promulgated in the following areas: (1) To est…

The State of South Dakota shall provide for the amount necessary to make payment to the state employee workers' compensation program for the claims of employees of the state arising under title 62. This amount shall be transmitted to the account of the state employee workers' com…

Responsibility for the administration and payment of workers' compensation claims of former employees of the South Dakota State Cement Plant Commission is hereby transferred to the state employee workers' compensation program. Source: SL 2012, ch 23 , § 77; SL 2019, ch 21 , § 59.

The state shall contribute on each payroll for an employee for each payroll period the amount of the state employee workers' compensation program premium, including any administrative expense. The state shall transmit monthly the amount specified to be paid to the state treasurer…

Any funds transmitted to the Office of the State Treasurer as designated transfers to the state employee workers' compensation program shall be placed in the trust fund established by this section and entitled the state employee workers' compensation program fund. Disbursements f…

The human resources commissioner may promulgate rules, pursuant to chapter 1-26 , with respect to the adjustment, administration, and management of the state employee workers' compensation program. Source: SL 2012, ch 23 , § 80; SL 2019, ch 21 , § 62.

Responsibility for the administration and payment of life insurance plan benefits of former employees of the South Dakota State Cement Plant Commission is hereby transferred to the bureau. Source: SL 2012, ch 23 , § 81; SL 2019, ch 21 , § 63.

The human resources commissioner may provide all, or any part of, the benefits under the plan or plans provided pursuant to this chapter by means of a plan which is self-funded in whole or in part. Source: SL 2012, ch 23 , § 64; SL 2019, ch 21 , § 46.

The human resources commissioner may authorize the purchase of reinsurance to cover against losses incurred by the plan. Source: SL 2012, ch 23 , § 65; SL 2019, ch 21 , § 47.

Each plan-eligible employee shall be enrolled in the plan unless the employee is covered by another group health plan or is covered by Medicare and the employee provides notice to the plan administrator. Source: SL 2012, ch 23 , § 66; SL 2019, ch 21 , § 48; SL 2020, ch 18 , § 1, …

Each plan-eligible employee shall be enrolled in the plan on the effective dates established by the human resources commissioner. Source: SL 2012, ch 23 , § 67; SL 2019, ch 21 , § 49.

A plan-eligible employee may elect to have any of the employee's eligible dependents covered by the plan. The election shall be made at the time the employee becomes enrolled in the plan, or at another time as the human resources commissioner allows. Source: SL 2012, ch 23 , § 68…

The State of South Dakota shall either make a monthly contribution to the system or otherwise provide for the amount necessary to make payment to the system for the full single rate monthly health insurance premium or contribution for the plan with the lowest actuarial value for …

The State of South Dakota shall deduct on each payroll of a member for each payroll period the amount of the contribution or premium, including any administrative expense. The state shall make deductions from salaries of plan-eligible employees and shall transmit monthly the amou…

The human resources commissioner shall establish and implement a drug screening program for applicants who seek the following employment: (1) Positions at the Human Services Center or the South Dakota Developmental Center whose primary duty includes patient or resident care or su…

Any printed public announcement or advertisement soliciting applications for the positions listed in § 3-6F-1 shall include a statement of the requirements of the drug screening program. Source: SL 2012, ch 23 , § 84.

Individual test results and medical information collected pursuant to this chapter are confidential. This information may be revealed only as authorized by the human resources commissioner. An applicant or employee may have access to the information or test results upon written r…

Except as provided in § 3-6F-3 , any person responsible for recording, reporting, or maintaining medical information required pursuant to the provisions of this chapter, who knowingly or intentionally discloses or fails to protect medical information declared to be confidential p…

The human resources commissioner may promulgate rules, pursuant to chapter 1-26 , necessary to carry out the provisions of this chapter with regard to: (1) Listing of positions whose primary duty includes patient or resident care or supervision; safety-sensitive positions; and po…

The Governor, justices of the Supreme Court, judges of the circuit courts, attorney general, secretary of state, state treasurer, state auditor, and commissioner of school and public lands shall devote full time to the duties of their respective offices and such officers shall no…

The term, compensation, for state employees, means total compensation, which includes direct salary and fringe benefits. Fringe benefits includes employer paid retirement programs, social security, health insurance, life insurance, and any other programs offering a benefit to the…

No probate proceeding of any kind, nor the appointment of an administrator or agent shall be required and the presentation of a sworn statement by such spouse or circuit court judge shall be sufficient authority for the disbursing officer to pay or to cause to be paid such claims…

In case a warrant has already issued, payable to such deceased employee, which has not been paid on account of the death of such employee, such disbursing officer shall be authorized to request the return of such warrant to his office by cancellation, and such disbursing officer …

If the salary of any full - time elected official who may vote on his own salary is increased, the increase for that elected official may not commence until the expiration of the term for which such official was elected, or until two years after the passage of such increase, whic…

Any state employee who is employed in a position that is eligible for longevity pay and has at least seven years of employment with the State of South Dakota is entitled to longevity compensation. The longevity compensation for years of employment seven to ten, inclusive, is one …

Any employee of the State of South Dakota who, as a member of the South Dakota National Guard or any other reserve component of the armed forces of the United States, is ordered into Title 10 and Title 32 service, after January 1, 2002, other than for training purposes, shall rec…

There is hereby annually appropriated out of any money in the state treasury not otherwise appropriated the sums necessary to meet the expenditures authorized by § 3-8-1 , and payments shall be made therefrom upon approved vouchers filed in the Office of the State Auditor. Source…

The annual salaries of the Governor, the lieutenant governor, the secretary of state, the state auditor, the state treasurer, the attorney general, the commissioner of school and public lands, each justice of the Supreme Court and each circuit judge shall be adjusted annually by …

On July 1, 2023, prior to the adjustment required pursuant to § 3-8-2.1 , the base annual salaries of the following constitutional officers shall be set to the following values: (1) The secretary of state, the state auditor, the state treasurer, and the commissioner of school and…

The base annual salary of each justice of the Supreme Court and each circuit judge shall be adjusted upward six percent on July 1, 2021, and the subsequent base annual salary shall be adjusted upward an additional six percent on July 1, 2022. Each adjustment is based on the justi…

Any officer receiving a salary from the state who shall keep or retain any money, emolument, fee, or perquisite, paid to or received by him for the performance of any duty or duties connected with his office, or in any manner paid to him as such officer or by reason of his holdin…

Except as provided in §§ 3-8-4.1 to 3-8-4.3 , inclusive, no person receiving a salary payable out of the state treasury or from the funds of any state institution or department, may, during the period for which such salary has been or is to be paid, receive any other salary from …