Title 5, PUBLIC PROPERTY, PURCHASES AND CONTRACTS

The Bureau of Human Resources and Administration shall also, under the direction of the commissioner of human resources and administration, and with the consent of the Governor, arrange for procuring office rooms outside of the capitol where necessity requires. Source: SL 1925, c…

There is hereby established a working capital account in the state treasury for the purpose of providing maintenance services for the various buildings and grounds under the jurisdiction of the Bureau of Human Resources and Administration. Source: SL 1966, ch 182 , § 1; SL 2024, …

The Bureau of Human Resources and Administration may require state agencies to reimburse the bureau for the depreciation of physical facilities computed on their useful life and the actual cost of providing maintenance of physical facilities, including a proper share of utility c…

There is hereby established a building depreciation fund in which funds collected for depreciation pursuant to § 5-15-29 shall be deposited. Expenditures from such fund shall be made only upon approval of the Legislature or the special committee created by chapter 4-8A . Source: …

There is hereby created the public buildings fund in the state treasury into which shall be deposited all proceeds from the sale or lease of those public lands granted in §§ 12 and 17 of the Enabling Act for the construction, reconstruction, repair, renovation, furnishings, and e…

Each member of the commission shall, within ten days after appointment, qualify by taking the oath of office and giving bond to the state, with corporate surety, in the penal sum of twenty-five hundred dollars, the cost to be paid by the state. Source: SL 1961, ch 316 , § 1 (b); …

Expenditures may be made from the maintenance working capital account established in § 5-15-28 for the purpose of providing maintenance services of buildings and grounds, but for no other purpose. Such expenditures shall be disbursed on warrants drawn by the state auditor pursuan…

The commissioner of human resources and administration may promulgate such rules pursuant to chapter 1-26 as may be necessary to promote the health, safety, and general welfare, to prohibit public intoxication, disturbances, and disorderly assemblies, to keep the peace, and to de…

Any person who violates a rule promulgated pursuant to § 5-15-34 commits a petty offense. Source: SL 1974, ch 48 , § 3; SL 1975, ch 54 ; SL 1980, ch 24 , § 71; SL 2011, ch 2 , § 80.

The commission shall set policy for and oversee the restoration and beautification of the state capitol complex, Pierre, South Dakota. Source: SL 1976, ch 58 , § 1; SL 1980, ch 48 , § 12; SL 2011, ch 2 , § 81.

The commission shall approve any plan of renovation of the capitol complex before the renovation may be constructed. Source: SL 1980, ch 48 , § 11B; SL 2011, ch 2 , § 82.

The commission shall meet at least twice each year and at such additional times as may be necessary. All meetings shall be held at the state capitol, and a majority of its members constitutes a quorum. The commission shall choose a chair, and one of its members as secretary, who …

The commission created by § 5-15-1 shall protect and preserve the integrity of the historic areas of the state capitol building and shall, from time to time, propose restoration projects to restore historic areas to their original appearance insofar as this objective is compatibl…

No person may alter, change, remodel, partition, cover, or conceal an historic area which is a part of the state capitol building. In addition, no person may deny access to an historic area traditionally open to the public by creating physical barriers to access by the public exc…

For purposes of §§ 5-15-44 to 5-15-48 , inclusive, an "historic area traditionally open to the public" includes the exterior of the state capitol building, the grounds of the state capitol building bordered by Capitol Lake, Capitol Avenue, Nicollet Avenue, and Broadway Avenue, th…

For the purposes of §§ 5-15-44 to 5-15-48 , inclusive, an "historic area" includes the chambers of the Supreme Court, the legislative chambers of the State House of Representatives and the State Senate, the reception area traditionally used by the Governor, and any mural, paintin…

Nothing in §§ 5-15-44 to 5-15-48 , inclusive, may be construed as to prevent the Governor, Legislature, or Supreme Court from controlling the areas traditionally reserved for their use in the course of the conduct of public business except insofar as such usage may require the pe…

The per diem and expenses of commission members shall be paid by warrant of the state auditor by funds appropriated therefor, on vouchers approved by the Bureau of Human Resources and Administration. Source: SL 1955, ch 300 , § 4; SDC Supp 1960, § 55.02A04; SL 2011, ch 2 , § 54; …

The State of South Dakota accepts the gift of Mrs. Peter Norbeck of a bust of the late United States Senator Norbeck and former Governor of this state, sculptured by the late Gutzon Borglum, to be placed in a suitable place on the capitol grounds to be determined by the commissio…

The granite statue of General William Henry Harrison Beadle, South Dakota educator shall be permanently displayed in the state capitol on an appropriate pedestal. Source: SL 1987, ch 54 ; SL 1989, ch 53 , § 2; SL 2011, ch 2 , § 86.

The official flag of each of the nine federally recognized Indian tribes that share the common boundaries of this state may be displayed in a suitable place in the rotunda of the capitol building to be determined by the commission, with the agreement of the corresponding tribal g…

The POW/MIA flag must be displayed in a suitable place in the Senate and House of Representatives chambers of the state capitol building. Source: SL 2022, ch 18 , § 1.

There is created the capitol restoration fund, to be administered by the Bureau of Human Resources and Administration, for the purpose of restoring, renovating, and improving the state capitol building. Expenditures from the fund must be by special appropriation of the Legislatur…

The Bureau of Human Resources and Administration shall employ such clerical and other help for the commission as in the bureau's discretion seems necessary. The bureau may employ such assistance and provide such supplies and equipment as may be necessary to properly carry on the …

The commission shall make all necessary plans for the enlargement, restoration, and beautification of the capitol complex or additions thereto, including uniform plans and specifications for its development. Source: SL 1961, ch 316 , § 2 (a); SL 1980, ch 48 , § 5; SL 2011, ch 2 ,…

The commission shall make recommendations for the development of areas immediately adjacent to the state capitol complex and acquaint the people of South Dakota with the need and purpose of a comprehensive long-range plan for capitol complex of sufficient and proper size to serve…

The commission may print and distribute such pamphlets and leaflets and information as is proper and necessary to further and advance the work, objects, and aims of the commission, and acquaint South Dakota citizens with the commission. The Bureau of Human Resources and Administr…

No living quarters, lodging, or domicile for the residency or occupancy of any state employee or officer, with or without his family, shall be constructed, purchased, or otherwise secured with state funds, except as provided in § 5-16-3 . Source: SL 1963, ch 324 , § 1.

The chief executive officers and boards of control of all state agencies and institutions which make available living quarters, lodging, or domicile for the residency or occupancy of any state employee or officer, with or without his family, are hereby directed to make an immedia…

The provisions of §§ 5-16-1 and 5-16-2 shall not apply to living quarters, lodging, or domicile for the residency or occupancy of any of the following state employees or officers: (1) Governor; (2) Chief executive officers of state institutions; (3) Any employee of any state inst…

The chief executive officers and boards of control of all state agencies and institutions making available living quarters, lodging, or domicile for the residency or occupancy of any state employee or officer, with or without his family, shall not provide, supply, or otherwise ma…

Terms used in this chapter and chapters 5-18B , 5-18C , and 5-18D mean: (1) "Acceptance," the formal resolution of a purchasing agency authorizing the execution of a design-build contract; (2) "Biobased," any materials composed wholly or in a significant part of biological produc…

The purchasing agency shall maintain a record listing each contract made under sole source procurement and emergency procurement for a minimum of five years. The record shall contain: (1) Each contractor's name; (2) The amount and type of each contract; and (3) A listing of the s…

Unless otherwise specified by statute, purchases of supplies and services under fifty thousand dollars must be made as follows: (1) Notwithstanding other provisions of chapter 5-18A or 5-18D , the Bureau of Human Resources and Administration may authorize state agencies and insti…

An invitation for bids, a request for proposals, or other solicitation may be canceled, or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation, if the purchasing agency determines it is in the best interests of the agency. The …

There is hereby created a centralized public bid exchange. The Bureau of Human Resources and Administration shall establish the exchange either within the bureau or within another public or private organization. The purpose of the exchange is to facilitate the publishing of offic…

If the purchasing agency intends to enter into a contract for any public improvement that involves the expenditure of one hundred thousand dollars or more, or a contract for the purchase of supplies or services, other than professional services, that involves the expenditure of f…

After receiving notice of a contract award, the successful bidder or offeror shall enter into a contract with the purchasing agency within the time specified in the invitation for bids or request for proposals. If any bidder or offeror fails to enter into a contract within the ti…

If any successful bidder or offeror fails to fulfill the conditions of an awarded contract, the purchasing agency may proceed to recover from the defaulting party whatever damages may have been sustained as a result of the default. The purchasing agency shall have all remedies pr…

No state officer or employee who approves, awards, or administers a contract on behalf of a state agency, may have an interest in a contract or derive a direct benefit from a contract that is within the scope of the officer's or employee's official duties, nor for a one-year peri…

A state officer or employee derives a direct benefit from a contract if the state officer or employee, the officer's or employee's spouse, or other persons with whom the state officer or employee lives and commingles assets: (1) Has more than a five percent ownership or other int…

A governing body may authorize an officer or employee whose responsibilities include approving, awarding, or administering a contract on behalf of a state agency or supervising any employee who has these responsibilities to be a party to or derive a direct benefit from a contract…

Within the one-year period prohibiting any contract with a state agency, the governing body of the state agency may approve a former officer or employee to contract with any state agency if the governing body determines that the transaction and the terms of the contract are fair,…

A state officer or employee who knowingly violates the provisions of § 3-16-8 or 5-18A-17 commits malfeasance in office. The state officer or employee shall be removed from office or employment and such person is guilty of a Class 1 misdemeanor. Any benefit to a person or entity …

Nothing in §§ 5-18A-17 to 5-18A-17.6 , inclusive, affects a specific conflict of interest prohibition that applies to specific employees. Source: SL 2015, ch 30 , § 7.

The terms used in §§ 5-18A-17 to 5-18A-17.5 , inclusive, mean: (1) "State agency," each board, commission, committee, council, department, division, office, task force, or agency of state government. The term, state agency, does not include any authority created by the Legislatur…