Title 3 — PUBLIC OFFICERS AND EMPLOYEES
37 chapters · 1,057 sections in this title.
SDCL § 3-9-2.2 Home station meal expense reimbursement regardless of whether away from residence or headquarters
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The State Board of Finance may authorize a meal expense reimbursement at the per diem rate to any agency, state officer, or employee conducting state business at an event extending entirely through a meal time without interruption, regardless of whether the attending officer or e…
SDCL § 3-9-2.3 Promulgation of rules regarding allowances for lodging, meals, and per diem
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The State Board of Finance may promulgate rules, pursuant to chapter 1-26 , to establish amounts that may be allowed for lodging, meals, and per diem pursuant to the provisions of §§ 3-9-2 , 3-9-2.1 , and
SDCL § 3-9-2.4 Meals allowance--Uniformed highway patrol officers
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Notwithstanding §§ 3-9-2 to 3-9-2.2 , inclusive, the daily meal allowance of uniformed highway patrol officers when assigned to field duties is seventeen dollars per day. Source: SL 2024, ch 20 , § 5.
SDCL § 3-9-20 Daily meal allowance--Wildland fire employees and fire suppression forces
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Notwithstanding §§ 3-9-2 to 3-9-2.2 , inclusive, the Department of Public Safety shall establish a maximum daily meal allowance for wildland fire employees and fire suppression forces authorized by §§ 34-35-20 , 41-20A-8 , 41-20A-10 , and 41-20A-12 , while performing duties on an…
SDCL § 3-9-3 Trip insurance on flights
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Any division of state government may participate in the cost of insurance for any full - or part - time employee when they are performing duties while using aircraft as a means of travel. Source: SL 1957, ch 318 ; SDC Supp 1960, § 55.2705.
SDCL § 3-9-4 Consent of responsible officer or department required for out - of - state travel
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No state officer or employee shall incur any expense payable out of any appropriated funds or other agency funds for travel or other personal expense, including meals, lodging, transportation, or other miscellaneous expenses, except on official state business. Whenever any state …
SDCL § 3-9-5 Authorization of out-of-state travel--Members and officers of Legislature
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Members of the Legislature, and officers of the Legislature who are not members, may incur traveling and personal expenditures outside the boundaries of this state by and with the consent of the speaker of the House of Representatives and the president pro tempore of the Senate w…
SDCL § 3-9-5.1 Authorization of out-of-state travel--Department of Legislative Audit and Legislative Research Council
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Officers and employees of the Department of Legislative Audit and the Legislative Research Council may incur traveling and personal expenditures outside the boundaries of this state by and with the written consent of the chair of the Executive Board of the Legislative Research Co…
SDCL § 3-9-5.2 Authorization of out - of - state travel by employees delegated by Board of Regents
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The Board of Regents, under policy and procedures developed for such purpose, shall delegate to its executive director and to the head of each institution or other responsible officer, the authority to grant written consent to employees of each institution to incur traveling and …
SDCL § 3-9-6 Authorization of out-of-state travel--Governor’s authority to delegate--Signed record--Federal regulation
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The Governor may delegate to each responsible officer of any other agency, department, or institution the authority to grant consent for official travel outside this state. The Governor may establish general guidelines for travel outside the state. For each outside-the-state expe…
SDCL § 3-9-7 Expenses for political meetings not reimbursable--Rules for receipt of expenses for attending fairs and other public meetings
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No state officer or employee who attends a political meeting, the state fair, the inaugural, or other public meeting of like character, shall be entitled to be reimbursed from state funds for travel expenses to such meetings unless the officer's or employee's duties necessarily r…
SDCL § 3-9-8 Accounting for reimbursable expenses--When receipts required
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No warrant shall be issued by the state auditor for the payment of any expense or expenses paid out by any department officer or employee of the state, until such department officer or employee shall have presented to the state auditor an itemized statement and account of such ex…
SDCL § 3-9-9 Household moving allowance--State transfers--Eligibility and amount
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A current full - time officer or employee, except an elected constitutional officer of the State of South Dakota, may receive a household moving allowance. The officer or employee is eligible for the allowance if the officer or employee is transferred by the department, instituti…
SDCL § 3-10-1 Savings bond purchase programs authorized by public employers
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The governing bodies of counties, municipalities, political subdivisions, public districts, and other public agencies or subdivisions of the State of South Dakota are hereby authorized to provide for the purchase of United States savings bonds or similar United States obligations…
SDCL § 3-10-2 Salary deduction authorized by signature of married person or minor
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If a request for a salary or wage deduction is made by an officer or employee who is a married person his signature is a sufficient authorization and if the request is made by a minor the signature of the minor is a sufficient authorization for the making of a deduction pursuant …
SDCL § 3-10-3 Accounting for funds deducted from salaries--Trust funds--Wage assignment restrictions not applicable
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All auditors, treasurers, and other disbursing officers are authorized to recognize and act upon such requests for salary or wage deductions and to establish special accounts for each such officer or employee so that sufficient funds may be accumulated to the credit of such offic…
SDCL § 3-10-4 Participation in tax - sheltered annuities authorized--Salary deductions
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The state and its political subdivisions and their employees may participate in tax - sheltered annuities or accounts, or both. The employees may authorize their employer to withhold a designated amount from their salary for a retirement annuity or accounts, or both, purchased fo…
SDCL § 3-10-5 Withholding from salary and purchase of annuity--Periodic payments
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When so authorized by an employee, it shall be the duty of the employer to withhold the amount designated from the salary of the employee and to purchase a retirement annuity from a company or organization licensed to do business in the State of South Dakota, for such employee an…
SDCL § 3-10-6 Purchase of life insurance to guarantee retirement annuities
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The state and its political subdivisions, and the employees thereof, are authorized to purchase individual life insurance contracts to guarantee such retirement annuity and the employer is hereby authorized to withhold payment from the salary of employees to cover the cost of suc…
SDCL § 3-10-7 Transfer of previously owned annuity to payment by public employer
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When a public employee has a tax - sheltered annuity prior to employment by the state or a political subdivision of the state, such employee shall have the privilege of transferring the periodic payments on such an annuity to the current employer. Source: SL 1963, ch 329 .
SDCL § 3-10-8 Payroll deductions authorized by officer or employee--Adoption of rules
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The state, subject to the approval of the Bureau of Finance and Management, and Board of Regents, and, municipal corporations and other political subdivisions, subject to the approval of their governing boards, may authorize payroll deductions and withholding from wages of their …
SDCL § 3-11-1 Legislative policy
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In order to extend to the officers and employees of the State of South Dakota and its political subdivisions and to the dependents and survivors of such officers and employees the basic protection accorded to others by the federal old age and survivors insurance system embodied i…
SDCL § 3-11-12 State institutions with income-producing auxiliary activities to pay employer contributions--Report
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Each state institution which has bookstores, cafeterias, and other auxiliary activities, shall at a time and manner as the administrator may require, report to the administrator, the amount of contributions due upon the wages paid to employees of such bookstores, cafeterias, and …
SDCL § 3-11-13 Political subdivisions to pay employer contributions
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Every political subdivision included in the agreement pursuant to the provisions of this chapter shall be liable for the contributions required of an employer under the provisions of section 3111 of the Internal Revenue Code. Source: SL 1951, ch 100 , § 11; SDC Supp 1960, § 17.12…
SDCL § 3-11-14 Counties to budget for employer contributions
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All counties in this state and the officers thereof shall provide sufficient funds to comply with this chapter either in their annual budget or by supplemental budget as provided by law. Source: SL 1951, ch 100 , § 8; SDC Supp 1960, § 17.1207; SL 1963, ch 127 , § 2; SL 1985, ch 1…
SDCL § 3-11-15 County auditors to certify school districts annually
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County auditors shall certify to the administrator all school districts subject to the federal old age and survivors insurance system tax as of the first day of September of each year and shall submit such certification to the administrator on or before the fifteenth day of Septe…
SDCL § 3-11-16 Payment of subdivision contributions authorized--Payroll deductions
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The auditor, clerk, or other proper officer of all qualifying political subdivisions shall issue warrants upon the funds in their respective treasuries, not otherwise appropriated, for such amount as may be required to pay the employer's tax upon the wages and salaries of its emp…
SDCL § 3-11-17 Reports required of political subdivisions
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The political subdivision shall make such reports, in such form and containing such information as the administrator may from time to time require and comply with such provisions as the administrator or the secretary of Health and Human Services may from time to time find necessa…
SDCL § 3-11-18 Municipalities to include funds in annual appropriation ordinances--Special appropriation when omitted
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All municipalities of this state and the governing bodies thereof are hereby authorized and directed to provide sufficient funds to comply with the provisions hereof in the annual appropriation ordinance of such municipality, provided that if any municipality shall fail to provid…
SDCL § 3-11-19 SDCL 3-11-19
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Omitted.
SDCL § 3-11-2 Definition of terms
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Terms used in this chapter mean: (1) "Coverage group" has the meaning given that term by the provisions of section 218 of Title II of the Social Security Act, as amended, and applicable federal regulations adopted pursuant thereto; (2) "Administrator," the administrator of the St…
SDCL § 3-11-20 Special appropriations by political subdivisions
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To carry out the provisions of this chapter any political subdivision affected by this chapter shall, after the application is made and approved and becomes effective, provide for additional funds to carry out the purposes of § 3-11-18 by special appropriation, and said political…
SDCL § 3-11-21 Recovery of delinquent payments from subdivisions with interest and penalty
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Delinquent payments with interest and penalty may be recovered by action in a court of competent jurisdiction against the political subdivision liable therefor or may, at the request of the administrator, be deducted from any other moneys payable to such political subdivision by …
SDCL § 3-11-22 County auditor may collect delinquent contributions from subdivisions--Travel costs
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The county auditor may be deputized by the administrator to collect delinquent social security employment taxes and reports and his cost of travel accruing while on official business as a deputy of the administrator shall be reimbursed by his county which shall reclaim such trave…
SDCL § 3-11-23 Special revenue fund for premiums and interest on delinquent contributions
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The old age and survivors insurance indemnity and interest fund shall not revert but shall continue as a special revenue fund for the purpose of paying premiums and interest due the federal government on delinquent old age and survivors insurance employment taxes and reports of t…
SDCL § 3-11-24 Rules and regulations--Required coverage
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The administrator shall promulgate rules, pursuant to chapter 1-26 , for the administration of this chapter and in conformity with section 218 of Title II of the federal Social Security Act and federal regulations adopted pursuant thereto. Such rules shall include procedures to d…
SDCL § 3-11-25 Interstate instrumentalities authorized to enter and implement own agreements
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Any instrumentality jointly created by this state and any other state or states is hereby authorized upon the granting of like authority by such other state or states: (1) To enter into an agreement with the secretary of Health and Human Services whereby the benefits of the feder…
SDCL § 3-11-26 Severability of provisions
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If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstance shall not be affected thereby. Source: SL 1951, ch 100 , § 13; SDC Supp …
SDCL § 3-11-3 Division in state auditor's office
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There is hereby created a State Social Security and the Internal Revenue Service Division in the office and under the direction of the state auditor. Source: SL 1951, ch 100 , § 12; SL 1953, ch 86 ; SDC Supp 1960, § 17.1211 (1); SL 1980, ch 30 , § 2.
SDCL § 3-11-4 Administrator and employees of the division
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The state auditor shall appoint an administrator and other such employees as may be necessary and fix their bonds, salaries, and compensation. The administrator shall: (1) Serve as a liaison between the Social Security Administration and the Internal Revenue Service and all state…
SDCL § 3-11-4.1 Payroll deductions authorized--Failure to deduct not release--Adjustment or refund without interest
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The employee's tax imposed by this chapter may be collected by deducting the amount of the contribution from wages as and when paid, but failure to make such deduction shall not relieve the employee or employer from liability for such contribution. If more or less than the correc…
SDCL § 3-11-5 State and subdivision employees covered by federal act--Subdivisions later brought in
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The State of South Dakota and all its political subdivisions may come under and within the provisions of Title II of the federal Social Security Act, as amended, and all qualifying employees and officers of the State of South Dakota and its political subdivisions, shall thereupon…
SDCL § 3-11-6 Federal agreement authorized--Scope of agreement--Modification
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The administrator, with the approval of the Governor, is hereby authorized to enter into, on behalf of the state, an agreement with the secretary of Health and Human Services, consistent with the terms and provisions of this chapter, for the purpose of extending the benefits of t…
SDCL § 3-11-7 Payment of employer's share for state employees--Payroll deductions of state employee's share--Disbursement
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The state auditor shall issue warrants upon the funds in the state treasury, hereinafter appropriated, for such amount as may be required to pay the employer's tax upon wages and salaries of all state employees and shall deduct from the wages and salaries of all state employees c…
SDCL § 3-11-8 Funds acceptable for reimbursement to state of employer contributions
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The State of South Dakota may receive into its general fund any moneys tendered or available from any source whatever for the purpose of reimbursing the State of South Dakota for the employer contributions made by the state pursuant to the provisions of this chapter. Source: SL 1…
SDCL § 3-11-9 Fee-generating state agencies to pay employer contributions--Report
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Any and all state agencies, regulatory boards, and commissions whose administrative costs are paid by fees derived by activities of such boards, commissions, or agencies, as authorized by state law to carry on such activities, shall at a time and manner as the administrator may r…
SDCL § 3-12-1 Repealed by SL 1974, ch 35 , § 80
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3-12-2 to 3-12-45. Repealed by SL 1974, ch 35 , § 80.
SDCL § 3-12-100 SDCL 3-12-100
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Transferred to § 3-12C-801 by SL 2019, ch 22, § 1.
SDCL § 3-12-101 SDCL 3-12-101
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Transferred to § 3-12C-807 by SL 2019, ch 22, § 1.
SDCL § 3-12-102 SDCL 3-12-102
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Repealed by SL 1990, ch 38 .