Title 1, STATE AFFAIRS AND GOVERNMENT

Upon receipt and review of the submissions of the parties, the Office of Hearing Examiners shall make written findings of fact and conclusions of law, and a decision as to the issue presented. Before issuing a decision, the Office of Hearing Examiners may hold a hearing pursuant …

If the office of hearing examiners enters a decision pursuant to § 1-27-40 concluding that certain records shall be released or that the fee charged pursuant to §§ 1-27-35 and 1-27-36 was excessive, the public entity has thirty days after the opinion is issued to comply with the …

In a civil action filed pursuant to § 1-27-38 or upon an appeal filed pursuant to § 1-27-41 , if the court determines that the public entity acted unreasonably and in bad faith the court may award costs, disbursements, and a civil penalty not to exceed fifty dollars for each day …

The aggrieved party may appeal the decision of the Office of Hearing Examiners to the circuit court pursuant to chapter 1-26 . In any action or proceeding under §§ 1-27-35 to 1-27-43 , inclusive, no document or record may be publicly released until a final decision or judgment is…

The public record officer for the state is the secretary, constitutional officer, elected official, or commissioner of the department, office, or other division to which a request is directed. The public record officer for a county is the county auditor or the custodian of the re…

The following forms are prescribed for use in the procedures provided for in §§ 1-27-35 to 1-27-42 , inclusive, but failure to use or fill out completely or accurately any of the forms does not void acts done pursuant to those sections provided compliance with the information req…

No state agency or any of its political subdivisions or any official, agent, or employee of any state agency or political subdivision may: (1) Knowingly release or post any person's social security number on the internet; or (2) Require any person to transmit the person's social …

The state shall maintain a searchable internet website for posting and accessing the public records and financial information of the state. The content and operation of the website must be administered jointly by the Bureau of Human Resources and Administration, Bureau of Finance…

The state shall display on the searchable internet website, created pursuant to § 1-27-45 , copies of each written contract: (1) For supplies, services, or professional services of ten thousand dollars or more; (2) Filed with the state auditor pursuant to § 1-24A-1 ; and (3) File…

A public entity that creates or maintains an electronic public records database or that enters into a contract for an electronic public records database shall consider the cost and affordability of public access. Source: SL 2013, ch 12 , § 1.

A public entity shall make available, upon request, the following documentation for each electronic records system: (1) A narrative description of the system purpose and functionality; and (2) Such information as may be reasonably necessary for a member of the public to request t…

Terms used in §§ 1-27-9 to 1-27-18 , inclusive, mean: (1) "Local record," a record of a county, municipality, township, district, authority, or any public corporation or political entity whether organized and existing under charter or under general law, unless the record is desig…

Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of state government at the normal location of the seat thereof in the city of…

During such time as the seat of government remains at such emergency temporary location, or locations, all official acts now or hereafter required by law to be performed at the seat of government by any officer, agency, department, or authority of this state, including the conven…

The provisions of this chapter shall control and be supreme in the event it shall be employed notwithstanding the provisions of any other law to the contrary or in conflict herewith. Source: SL 1961, ch 287 , § 3.

Because of the existing possibility of attack upon the United States of unprecedented size and destructiveness, and in order, in the event of such an attack, to assure continuity of government through legally constituted leadership, authority, and responsibility in offices of the…

Until such time as the persons designated as emergency interim successors are authorized to exercise the powers and discharge the duties of an office in accordance with this chapter, including § 1-30-9 , said persons shall serve in their designated capacities at the pleasure of t…

Any dispute concerning a question of fact arising under this chapter with respect to an office in the executive branch of the state government, except a dispute of fact relative to the Office of Governor, must be adjudicated by the Governor, or other official authorized under the…

This chapter shall be known and may be cited as "Emergency Interim Executive and Judicial Succession Act." Source: SL 1961, ch 285 , § 1.

Unless otherwise clearly required by the context, as used in this chapter: (1) "Attack" means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any man…

All state officers, subject to such regulations as the Governor (or other official authorized under the Constitution or this chapter to exercise the powers and discharge the duties of the office of Governor) may issue, shall, in addition to any deputy authorized pursuant to law t…

In the event that any state officer is unavailable following an attack, and in the event his deputy, if any, is also unavailable, the said powers of his office shall be exercised and the said duties of his office shall be discharged by his designated emergency interim successors …

With respect to local offices for which the legislative bodies of municipalities, townships, and counties may enact resolutions or ordinances relative to the manner in which vacancies will be filled or temporary appointments to office made, such legislative bodies are hereby auth…

The provisions of this section and § 1-30-7 shall be applicable to officers of political subdivisions (including, but not limited to, municipalities, townships, counties, and school districts) not included in § 1-30-5 . Such officers, subject to such regulations as the executive …

In the event that any officer of any political subdivision (or his deputy provided for pursuant to law) is unavailable, the powers of the office shall be exercised and duties shall be discharged by his designated emergency interim successors in the order specified. The emergency …

At the time of their designation, emergency interim successors shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Notwithstanding any other provisions of law, no person, as a prerequisite to th…

Officials authorized to act as Governor pursuant to this chapter, emergency interim successors are empowered to exercise the powers and discharge the duties of an office as herein authorized only after an attack upon the United States, as defined herein, has occurred. The Legisla…

As used in chapters 1-32 to 1-47 , inclusive: (1) "Administrative function" means any management function to include planning, developing, and implementing programs; organizing the internal structure of a department or agency; selecting, appointing, promoting, removing, and manag…

It is the intent of chapters 1-32 to 1-47 , inclusive, not to repeal or amend any laws relating to functions performed by an agency, unless the intent is specifically expressed in said chapters or unless there is an irreconcilable conflict between said chapters and those laws. So…

Any employee who was a member of any retirement system before the transfer of any board, commission, department, division, or agency specified by chapters 1-32 to 1-47 , inclusive, shall not lose any retirement benefits accrued in such system by virtue of such transfer. An employ…

The rights, privileges, and duties of the holders of bonds and other obligations issued, and of the parties to contracts, leases, indentures, and other transactions entered into by the state or by any agency, officer, or employee thereof before the transfer of the functions of an…

No judicial or administrative suit, action, or other proceeding lawfully commenced by or against any department, board, commission, agency, or any officer of the state, in his official capacity or in relation to the discharge of his official duties before the taking effect of any…

If any part of chapters 1-32 to 1-47 , inclusive, is ruled to be in conflict with federal requirements which are a prescribed condition to the receipt of federal aid by the state, an agency, or a political subdivision, that part of said chapters has no effect and the Governor may…

If a part of chapters 1-32 to 1-47 , inclusive, is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of said chapters is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable…

For the purposes of achieving reorganization under the terms of S. D. Const., Art. IV, § 8, the following principal departments are established: (1) Department of Executive Management; (2) Department of Public Safety; (3) Department of Social Services; (4) Department of Labor and…

The head of each principal department shall be appointed by the Governor with the consent of the Senate and shall serve at the pleasure of the Governor pursuant to S.D. Const., Art. IV, § 9. Source: SL 1973, ch 2 , §§ 30, 41, 68, 89, 98, 109, 116, 129, 200, 212, 223, 237, 269, 27…

In order to promote the efficient administration of the principal departments, the Governor may establish, combine, or abolish divisions, offices, or other administrative subunits, with the exception of boards and commissions authorized by the Legislature, and may allocate and re…

Only a head of department as defined by subdivision § 1-32-1(8), the Governor and the chairman of the Board of Regents may create such advisory councils, committees, boards, or commissions as may be deemed necessary and in the best interests of the State of South Dakota. However,…

Any request submitted to create an advisory council, committee, board, or commission by a head of department or chairman of the board of regents to the Governor shall have the following information: (1) Name of council, committee, board, or commission; (2) Date of creation; (3) C…

Notwithstanding § 1-32-4.1 , if federal law or regulation shall require that an advisory council, committee, board, or commission be established in order to receipt federal funds, a department, an agency, or institution, or board or commission may establish an advisory council co…

An advisory council, committee, board, or commission created in response to federal law or regulation may not be created to remain in existence longer than two years after the date of its creation or beyond the period required to receive federal or private funds, whichever occurs…

Nothing in §§ 1-32-4.1 to 1-32-4.4 , inclusive, shall be construed as prohibiting the use or creation of internal department or state institutional councils and committees that are comprised of department or institutional employees. Source: SL 1976, ch 21 , § 5.

The secretary of the principal department shall have complete access to the records of any agency within his department, provided, however, that any statutory restrictions on the disclosure of confidential information and penalties for unlawful disclosure of such information shal…

Unless otherwise provided by chapters 1-32 to 1-47 , inclusive, division directors must be appointed by the head of the department or bureau of which the division is a part, and shall serve at the pleasure of the department or bureau head. The appointment and removal of division …

The secretaries of the Departments of Health, Agriculture, Public Safety, Revenue, Labor and Regulation and Human Services are hereby authorized to enter into mutual agreements, transferring among the departments any health or consumer protection inspection function assigned to a…

All assistant attorneys general shall be employees of the Office of the Attorney General. Source: SL 1973, ch 2 , § 296; SL 1974, ch 18 , § 1.