Title 1 — STATE AFFAIRS AND GOVERNMENT

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 §

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…

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…

1-32-12 Employees' rights preserved. 1-32-13 Bondholders' and contractual rights preserved. 1-32-14 Pending proceedings continued. 1-32-15 Changes to meet federal requirements. 1-32-16 Severability of provisions. 1-32-17

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…

Superseded.

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…

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…

1-32-7 Interdepartmental transfers of health and consumer protection functions--Approval by Governor and filing. 1-32-8 Assistant attorneys general as employees of attorney general's office. 1-32-9 Interim allocation of functions and resources--Recommendations to Legislature. 1-3…

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.

In the event that it has been determined that a function of a transferred agency, which has not been eliminated by chapters 1-32 to 1-47 , inclusive, and its associated records, personnel, equipment, facilities, unexpended balances or appropriations, allocations, or other funds h…

[Repealed or reserved.]

The Department of Executive Management is hereby continued. Source: SL 1973, ch 2 , § 10; SL 2005, ch 10 , § 9.

Source: SL 1973, ch 23 , § 7; SL 2010, ch 19 , § 1; SL 2012, ch 23 , § 5; SL 2024, ch 1 (Ex. Ord. 24-1), § 33, eff. Apr. 8, 2024.

There is hereby created a student intern program within the Bureau of Human Resources and Administration to provide administrative internships for students to foster knowledge and understanding of the governmental process and to provide assistance to the executive branch of state…

1-33-16 1-33-16 to 1-33-17. Repealed by SL 2005, ch 10 , §§ 11 to 13. 1-33-18 1-33-18 to 1-33-19.1. Transferred to §§ 1-52-3.2 to 1-52-3.4 by SL 2005, ch 10 , §§ 14 to 16. 1-33-19.2

1-33-20

The head of the Department of Executive Management is the Governor. Source: SL 1973, ch 2 , § 11; SL 2003, ch 272 (Ex. Ord. 03-1), § 82.

1-33-20.1

1-33-21 Community development block grant program transferred to Governor's Office of Economic Development. 1-33-22

The community development block grant program, which has been administered through the Department of Water and Natural Resources is hereby transferred to the Governor's Office of Economic Development. Source: SL 1987, ch 390 (Ex. Ord. 87-1), § 35. 1-33-22. Transferred to § 1-52-3…

1-33-23

1-33-24 1-33-24 , 1-33-25. Repealed by SL 1992, ch 13 , §§ 1, 2. 1-33-26 Creation of Office of Digital Dakota Network--Purposes--Policies and rules. 1-33-27 1-33-27 to 1-33-29. Repealed by SL 2005, ch 16 , §§ 8 to 10. 1-33-30 Responsibilities of commissioner--Network use and prog…

There is hereby created within the Bureau of Information and Technology an Office of Digital Dakota Network for the purposes of advising the commissioner of the Bureau of Information and Technology in identifying statewide video telecommunications network options, creating a tele…

The Department of Executive Management consists of the Bureau of Finance and Management, the Bureau of Human Resources and Administration, the Bureau of Information and Technology, the Governor's Office of Economic Development, and any other agencies created by administrative act…

The commissioner of the Bureau of Information and Technology shall be responsible for administration of policies and administrative rules, and shall be responsible for network use and programming. The functions provided in chapter 1-33 and the rule - making authority of § 1-33-38…

The Bureau of Information and Technology may contract for expert assistance to assist in the performance of its responsibilities under this chapter. Source: SL 1992, ch 373 (Ex. Ord. 92-3), § 22; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 1995, ch 322 (Ex. Ord. 95-6), §§ 17, 18; S…

The Bureau of Information and Technology shall prepare and submit budgets and proposals for management of the Digital Dakota Network to the commissioner of the Bureau of Information and Technology. Source: SL 1992, ch 373 (Ex. Ord. 92-3), § 23; SL 1994, ch 412 (Ex. Ord. 94-4), § …

The bureau may accept and expend any funds obtained from federal sources, gifts, contributions, or any other source if such acceptance and expenditure is approved in accordance with §

1-33-35 Operation of network by Bureau of Information and Technology. 1-33-36 Adoption of rules for Digital Dakota Network. 1-33-37 Bureau of Information and Technology created. 1-33-38 Commissioner of Bureau of Information and Technology--Powers and duties of bureau. 1-33-39 App…

Operation of the Digital Dakota Network including design of a video network structure compatible with the existing telecommunications infrastructure, the administration of a billing service system for users of the network and issues related to operation of the network shall conti…

The Bureau of Information and Technology may adopt, pursuant to chapter 1-26 , administrative rules regarding Digital Dakota Network operations, practices, procedures, billings, fees, sites, program sources, program content, program distribution, terminal sites, and any other nee…

There is hereby created within the Department of Executive Management the Bureau of Information and Technology. Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 17; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.