1-32-1. Definition of terms. 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 managing personnel; directing, administering, reviewing, and coordinating activities and programs assigned to a department, agency, or […]
1-32-10. Repeals and amendments not implied. 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. Source: SL 1973, […]
1-32-14. Pending proceedings continued. 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 reorganization under the provisions of chapters […]
1-32-15. Changes to meet federal requirements. 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 […]
1-32-16. Severability of provisions. 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 […]
1-32-2. Principal departments established. 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 Regulation; (5)Department of Education; (6)Department of Game, Fish and Parks; (7)Department of Health; […]
1-32-3.Appointment and tenure of department heads. 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, […]
1-32-4. Changes in organization or functions within departments. 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 reallocate powers and duties among divisions, offices, or […]
1-32-4.1. Authority to create advisory councils, committees, boards, or commissions–Governor’s approval required–Filing–Compensation. 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 […]
1-32-4.2. Request to Governor–Contents. 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)Composition and type of citizen or group input that […]
1-32-4.3. Creation without Governor’s approval when required for federal funds–Filing with secretary of state. 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 committee, […]
1-32-4.4. Maximum duration of federally required agency–Extensions. 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 later, unless […]
1-32-4.5. Internal councils and committees not prohibited. 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.
1-32-5. Secretary’s access to records within department–Restrictions on disclosure. 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 shall apply to the secretary of the […]
1-32-6. Appointment and removal of division directors–Qualifications for positions. Unless otherwise provided by chapters 1-32 to 1-47, inclusive, or §38-7-2.2, division directors shall 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. However both the […]
1-32-7. Interdepartmental transfers of health and consumer protection functions–Approval by Governor and filing. 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 any one of the […]
1-32-8. Assistant attorneys general as employees of attorney general’s office. 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.
1-32-9. Interim allocation of functions and resources–Recommendations to Legislature. 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 have not been clearly allocated […]
