Title 1 — STATE AFFAIRS AND GOVERNMENT

Any data or financial information made or received by the commissioner of the Governor's Office of Economic Development pursuant to §§ 1-53-38 to 1-53-47 , inclusive, is not public record and is exempt from the provisions of §

The commissioner of the Governor's Office of Economic Development may by rule promulgated pursuant to chapter 1-26 , prescribe the following: (1) Qualifications or conditions for using any intellectual property right, mark, or label of the South Dakota Certified beef program; (2)…

In addition to any other remedy provided by law, the commissioner may proceed by suit in any court of competent jurisdiction to enforce the terms and provisions of §§ 1-53-38 to 1-53-47 , inclusive, and of any license issued pursuant to §§ 1-53-38 to 1-53-47 , inclusive. The comm…

In addition to any other remedy provided by law, the commissioner may revoke a license for cause pursuant to chapter 1-26 . Source: SL 2005, ch 218 , § 8, eff. Mar. 8, 2005; SDCL § 39-24-8 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 65, eff. Apr. 14, 2019.

The secretary of agriculture and natural resources and the commissioner of the Governor's Office of Economic Development shall consult and cooperate, and shall exchange such services, personnel, and information as are necessary and appropriate in order to develop, administer, and…

There is hereby created within the state treasury the South Dakota Certified beef fund, into which all license fees, inspection fees, and other fees or revenues paid to the state from the operation of the South Dakota Certified beef program shall be deposited. All moneys in the f…

All information received by the Governor's Office of Economic Development shall be open to public inspection if it appears to the commissioner that such inspection may assist in carrying out or furthering the purposes of the office, except if the provider of such information requ…

The commissioner shall maintain the confidentiality of any information given to GOED or the Economic Development Finance Authority, the South Dakota Development Corporation, and the Board of Economic Development. Source: SL 1988, ch 17 , § 4; SL 2005, ch 10 , § 18; SDCL § 1-33-19…

The Governor's Office of Economic Development may accept private contributions to supplement other money received by it. Contributions received shall be deposited with the state treasurer and in a fund known as the Governor's Office of Economic Development special revenue fund, w…

The Board of Economic Development created by Chapter 1-16G and its functions are transferred to the Governor's Office of Economic Development. The commissioner of the Governor's Office of Economic Development shall perform the functions of the former secretary of the Department o…

The South Dakota Housing Development Authority created by chapter 11-11 , and its functions in the former Department of Tourism and State Development is transferred to the Governor's Office of Economic Development. The commissioner of the Governor's Office of Economic Development…

There is hereby created a Department of Tribal Relations. The head of the Department of Tribal Relations is the secretary of tribal relations who shall be appointed and serve pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, § 9. Source: SL …

The Department of Tribal Relations, in off-election years, shall in cooperation with the secretary of state, counties, and tribes assist with the Help America Vote Act and assist with election grants, education, and satellite-voting center locations on Indian reservations. Source…

The Office of Indian Education is hereby established within the Department of Tribal Relations. The Office of Indian Education shall support initiatives in order that South Dakota's students and public school instructional staff become aware of and gain an appreciation of South D…

The Department of Education shall consult with the Indian Education Advisory Council within the Department of Tribal Relations to develop and review the Oceti Sakowin Essential Understandings. The consultation process shall align with the standards revision cycle established by t…

There is hereby established the Native American achievement schools grant program to be administered by the Office of Indian Education within the Department of Tribal Relations. The purpose of the grant program is to fund the establishment of up to three Native American achieveme…

An applicant seeking a grant from the Native American achievement schools grant program shall: (1) Be an accredited public school within the State of South Dakota; (2) Serve a student population for which the school-level results for the 2014-15 academic year on the state academi…

In selecting grant recipients, the department shall give priority to projects that meet the requirements of this chapter and show commitment to increasing student success through building cultural identities, encouraging academic perseverance, supporting the development of the wh…

The department shall inform potential applicants of the application and award period and of the amount of funding available for the grants. The department shall also provide the application form and scoring rubric that informs potential applicants of the weight to be assigned to …

The department, with the assistance of a group of reviewers designated by the secretary of tribal relations, shall determine grant recipients and award amounts utilizing a competitive process. The group of reviewers shall include three members of the Indian Education Advisory Cou…

In addition to complying with the requirements in § 1-54-16 and the additional requirements of chapter 13-14 , all grant recipients will be subject to the following conditions: (1) The amount of a grant may not exceed the actual cost of the project as proposed in the application;…

Each grant recipient shall submit grant status reports to the department on a quarterly basis, and a final grant report including data related to the implementation of the project. The department shall determine the details required in the reports and the deadlines for report sub…

The Office of Tribal Governmental Relations established by chapter 1-4 is transferred to the Department of Tribal Relations. Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 74; SDCL § 1-52-11 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 131, eff. Apr. 12, 2011.

The submission of false or misleading statements or information as part of a grant application or the failure to comply with any requirement shall be considered a default upon the terms of a grant. In the event of a default, the department may require the grant recipient to repay…

Source: SL 2016, ch 100 , § 1; SDCL § 13-55-72 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 31, eff. Apr. 14, 2019; SL 2016, ch 100 , § 7, eff. Jun 30, 2020.

Source: SL 2016, ch 100 , § 2; SDCL § 13-55-73 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 32, eff. Apr. 14, 2019; SL 2016, ch 100 , § 7, eff. Jun 30, 2020.

Source: SL 2016, ch 100 , § 3; SDCL § 13-55-74 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 33, eff. Apr. 14, 2019; SL 2016, ch 100 , § 7, eff. Jun 30, 2020.

Source: SL 2016, ch 100 , § 4; SDCL § 13-55-75 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 34, eff. Apr. 14, 2019; SL 2016, ch 100 , § 7, eff. Jun 30, 2020.

Source: SL 2016, ch 100 , § 5; SDCL § 13-55-76 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 35, eff. Apr. 14, 2019; SL 2016, ch 100 , § 7, eff. Jun 30, 2020.

Source: SL 2016, ch 100 , § 6; SDCL § 13-55-77 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 36, eff. Apr. 14, 2019; SL 2016, ch 100 , § 7, eff. Jun 30, 2020.

The Department of Tribal Relations shall aid in securing and coordinating federal, state, and local resources to help solve problems and to serve as an advocate for Native American people. Source: SL 1949, ch 244 , § 1; SDC Supp 1960, § 65.0801; SL 1974, ch 4 , § 1; SL 1975, ch 9…

Before entering into a compact with an Indian tribe on any class III gaming under the Federal Indian Gaming Regulatory Act, the Governor or the Governor's designee must hold one or more public hearings in the affected area to allow any interested persons to state their views. Sou…

It is the policy of the state to consult with a tribal government regarding the conduct of state government programs that have the potential of affecting tribal members on a reservation. In developing or administering any program that has the potential of affecting tribal members…

The Governor shall invite and solicit the officials of the Bureau of Indian Affairs and officials of the Division of Indian Health of the United States Public Health Service, the United States Departments of Housing and Urban Development, Labor, Justice, Agriculture, and Transpor…

A tribal identification card is a valid form of identification for all purposes relating to commerce, including for all purposes relating to banks or financial institutions for which a South Dakota nondriver identification card or a South Dakota driver license may be used. Furthe…

In cooperation with the Department of Tribal Relations, the Department of Corrections may develop tribal parole pilot programs to supervise parolees on tribal land. The Department of Corrections shall promulgate rules pursuant to chapter 1-26 as necessary for the implementation o…

The Department of Corrections shall report performance measures for the tribal pilot programs semiannually to the oversight council. Source: SL 2013, ch 101 , § 13.

Terms used in this chapter mean: (1) "Account receivable cycle," the period of time during which the center may attempt to collect on a debt before the center determines the debt is uncollectible and returns the remaining balance of the debt to the referring entity; (2) "Center,"…

The center shall establish and maintain a centralized electronic debt management system to compile the information provided by referring entities, to track the collection efforts for all debt referred to the center, to cross-reference and identify debtors for collection purposes,…

No person that owes a debt that is referred to the center may renew, obtain, or maintain: (1) Any registration for any motor vehicle, motorcycle, or boat, in which the person's name appears on the title of the motor vehicle, motorcycle, or boat; (2) Any driver license as defined …

No agency, board, or entity of the State of South Dakota may issue, renew, or allow an individual to maintain any motor vehicle, motorcycle, or boat registration, driver license, hunting license, fishing license, state park permit, or camping permit, after receiving notice from t…

Unless preempted by other law, any payment of any kind to be made to a debtor by the State of South Dakota or any referring entity, when the debtor has a debt that is referred to the center, is subject to offset by the center unless the debt and cost recovery fee is either paid i…

At such time as the center determines is appropriate, the center may forward the debt to a collection agency or agencies for collection for a period of no less than one year or as otherwise stipulated in the contract between the center and the collection agency. The debt collecti…

The Bureau of Human Resources and Administration may promulgate rules, pursuant to chapter 1-26 , in the following areas: (1) Definitions; (2) Procedure for remitting moneys collected to referring entities; (3) Processes and procedures for entering into payment agreements with de…

The center shall annually report after conclusion of the prior fiscal year to the Government Operations and Audit Committee concerning the activity of the center including the number of debts referred to the entity, the annual amount and nature of the debt obligations recovered b…

June 30, 2017.

There is hereby created the obligation recovery center, which is attached to the Bureau of Human Resources and Administration for budgeting and reporting purposes. The center is a central repository for identification, registration, oversight, and collection of debts owed to any …

The center shall work to collect each bad debt referred to the center during the account receivable cycle. The character of the debt in the hands of the referring entity does not change by the referral of the debt to the center for collection. Among other powers granted by this c…

For any bad debt referred to the center for collection after July 1, 2015, the center shall collect a cost recovery fee in addition to the debt referred to the center for collection. The cost recovery fee is calculated by multiplying the principal amount of the debt referred to t…

The center shall transfer any other moneys collected from a debtor to the referring entity within thirty days after the end of the month in which the moneys were collected. If the amount collected is less than the principal amount of the debt referred to the center and the cost r…