Opinion
No. 2003-01
February 17, 2003
ORDER
WHEREAS, Article IV, Section 8, of the Constitution of the State of South Dakota provides that, "Except as to elected constitutional officers, the Governor may make such changes in the organization of offices, boards, commissions, agencies and instrumentalities, and in allocation of their functions, powers and duties, as he considers necessary for efficient administration. If such changes affect existing law, they shall be set forth in executive orders, which shall be submitted to the Legislature within five legislative days after it convenes, and shall become effective, and shall have the force of law, within ninety days after submission, unless disapproved by a resolution concurred in by a majority of all the members of either house"; and
WHEREAS, this executive order has been submitted to the 78th Legislative Assembly on the 4th legislative day, being the 17th day of January 2003;
IT IS, THEREFORE, BY EXECUTIVE ORDER, directed that the executive branch of state government be reorganized to comply with the following sections of this order.
GENERAL PROVISIONS
Section 1. This executive order shall be known and may be cited as the "Executive Reorganization Order 2003 — 01".
Section 2. Any agency not enumerated in this order, but established by law within another agency which is transferred to a principal department under this order, shall also be transferred in its current form to the same principal department and its functions shall be allocated between itself and the principal department as they are now allocated between itself and the agency within which it is established.
Section 3. "Agency" as used in this order shall mean any board, authority, commission, department, bureau, division or any other unit or organization of state government.
Section 4. "Function" as used in this order shall mean any authority, power, responsibility, duty or activity of an agency, whether or not specifically provided for by law.
Section 5. Unless otherwise provided by this order, division directors shall be appointed by the head of the department or bureau of which the division is a part, and shall be removable at the pleasure of the department or bureau head, provided, however, that both the appointment and removal of division directors shall be subject to approval by the Governor.
Section 6. It is the intent of this order not to repeal or amend any laws relating to functions performed by an agency, unless the intent is specifically expressed in this order or unless there is an irreconcilable conflict between this order and those laws.
Section 7. If a part of this order is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this order is invalid in one or more of its applications, the part remains in effect in all valid applications.
Section 8. Except when inconsistent with the other provisions of this order all rules, regulations and standards of the agencies involved in executive reorganization in effect on the effective date of this order shall continue with full force and effect until they are specifically altered, amended, or revoked in the manner provided by law, unless the statutory authority for such rules is superseded by this order.
Section 9. It is hereby declared that the sections, clauses, sentences and parts of this executive order are severable, are not matters of mutual essential inducement, and any of them may be excised by any court of competent jurisdiction if any section, clause, sentence or part of this executive order would otherwise be unconstitutional or ineffective.
Section 10. In the event that it has been determined that a function of a transferred agency, which has not been eliminated by this order, and its associated records, personnel, equipment, facilities, unexpended balances or appropriations, allocations or other funds have not been clearly allocated to an agency, the Governor shall specify by interim procedures the allocation of the function and its associated resources. At the next legislative session following the issuance of such interim procedures, the Governor shall make recommendations concerning the proper allocation of the functions of transferred agencies which are not clearly allocated by this order. Any interim procedures issued in conjunction with this section shall be filed with the secretary of state.
Section 11. 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, before the effective date of this order, by the state or by any agency, officer, or employee thereof, and covenants and agreements as set forth therein, remain in effect, and none of those rights, privileges, duties, covenants, or agreements are impaired or diminished by abolition of an agency in this order. The agency to which functions of another agency are transferred is substituted for that agency and succeeds to its rights and leases, indentures, and other transactions.
Section 12. No judicial or administrative suit, action or other proceeding lawfully commenced before the effective date of this order by or against any agency or any officer of the state, in his official capacity or in relation to the discharge of his official duties, shall abate or be affected by reason of the taking effect of any reorganization under the provisions of this order. The court may allow the suit, action or other proceeding to be maintained by or against the successor of any agency or any officer affected by this order.
Section 13. If any part of this order 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 this order has no effect and the Governor may by executive order make necessary changes to this order to receive federal aid, and the changes will remain in effect until the last legislative day of the next legislative session or until the Legislature completes legislation addressed to the same question, whichever comes first.
Section 14. Pursuant to § 2 — 16 — 9, the Code Commission and Code Counsel of the Legislative Research Council are requested to make the name and title changes necessary to correlate and integrate the organizational changes made by this Executive Reorganization Order into the South Dakota Codified Laws.
Section 15. Any provisions of law in conflict with this order are superseded.
Section 16. Whenever a function is transferred by this order, all personnel, records, property, unexpended balances of appropriations, allocations or other funds utilized in performing the function are also transferred by this order.
Section 17. The effective date of this Executive Reorganization Order #2003 — 01 shall be ninety days after its submission to the Legislature.
Department of Public Safety created
Section 18. There is hereby created a Department of Public Safety. The head of the Department of Public Safety is the Secretary of Public Safety who shall be appointed and serve pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, § 9.
Department of Commerce and Regulation Abolished, functions of former Department of Commerce and Regulation transferred to other Departments
Section 19. The Department of Commerce and Regulation established pursuant to chapter 1 — 35 is abolished. The position of Secretary of Commerce and Regulation is abolished.
Section 20. The functions and programs of the former Department of Commerce and Regulation and the duties and responsibilities of the former Secretary of Commerce and Regulation are transferred to either the Department of Public Safety and the Secretary of the Department of Public Safety or the Department of Revenue and Regulation and the Secretary of Revenue and Regulation or the Department of Health and Secretary of the Department of Health or the Department of Labor and the Secretary of the Department of Labor or the Department of Human Services and the Secretary of the Department of Human Services or the Department of Agriculture and the Secretary of Agriculture as set forth in this Executive Reorganization Order.
Section 21. The Division of Highway Patrol and its functions in the former Department of Commerce and Regulation are transferred to the Department of Public Safety created by this Executive Reorganization Order. The Secretary of the Department of Public Safety shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Division of Highway Patrol.
Section 22. The Division of Highway Safety and its functions in the former Department of Commerce and Regulation are transferred to the Department of Public Safety created by this Executive Reorganization Order. The Secretary of the Department of Public Safety shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Division of Highway Safety.
Section 23. The Division of Commercial Inspection and Licensing, including the offices of Weights and Measures, Driver Licensing and the Office of the Fire Marshal and Office of Inspections, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Public Safety created by this Executive Reorganization Order. The Secretary of the Department of Public Safety shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Division of Commercial Inspection and Licensing. The Fire Marshal's Advisory Board shall continue as an advisory board within the Department of Public Safety created by this Executive Reorganization Order.
Section 24. The Division of Banking created by chapter 51A — 2 and its functions in the former Department of Commerce and Regulation are transferred to the Department of Revenue and Regulation. The Secretary of the Department of Revenue and Regulation shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Division of Banking.
Section 25. The South Dakota State Banking Commission shall continue in the Department of Revenue. The Secretary of the Department of Revenue and Regulation shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the South Dakota State Banking Commission.
Section 26. The Division of Securities, created pursuant to § 47 — 31A — 406(c) and its functions in the former Department of Commerce and Regulation are transferred to the Department of Revenue and Regulation. The Secretary of the Department of Revenue and Regulation shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Division of Securities.
Section 27. The Division of Insurance created by chapter 58 — 2 and its functions listed under Title 58, in the former Department of Commerce and Regulation are transferred to the Department of Revenue and Regulation. The Secretary of the Department of Revenue and Regulation shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Division of Insurance. All references to the former Department of Commerce and Regulation found in Title 58 are to be changed to Department of Revenue and Regulation.
Section 28. The Commission on Gaming and its functions, including those functions under chapters 42 — 7 and 42 — 7B, in the former Department of Commerce and Regulation are transferred to the Department of Revenue and Regulation. The Secretary of the Department of Revenue and Regulation shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Commission on Gaming.
Section 29. The Insurance Fraud Prevention Unit and its functions created and authorized by chapter 58 — 4A in the former Department of Commerce and Regulation are transferred to the Department of Revenue and Regulation and Regulation. The Secretary of the Department of Revenue and Regulation and Regulation shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Insurance Fraud Prevention Unit.
Section 30. The Division of Human Rights and its functions in the former Department of Commerce and Regulation are transferred to the Department of Labor. The Secretary of the Department of Labor shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Division of Human Rights. The Commission on Human Rights created by § 20 — 13 — 2 shall continue to perform its functions on issues concerning human rights and is transferred to the Department of Labor.
Section 31. All functions of the Petroleum Release Compensation Board under chapter 34A — 13 and its functions in the former Department of Commerce and Regulation are transferred to the Department of Revenue and Regulation created by this Executive Reorganization Order. The Secretary of the Department of Revenue and Regulation shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Petroleum Release Compensation Fund. The petroleum release compensation fund board shall continue as an advisory board to the Secretary of Revenue and Regulation on issues concerning petroleum inspection and release compensation.
Section 32. The Public Utilities Commission and its functions in the former Department of Commerce and Regulation are transferred to the Department of Labor. The Secretary of the Department of Labor shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Public Utilities Commission.
Section 33. The Board of Veterinary Medical Examiners, created by chapter 36 — 12, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Agriculture. The Secretary of the Department of Agriculture shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Board of Veterinary Medical Examiners.
Section 34. The Board of Chiropractic Examiners, created by chapter 36 — 5, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Health. The Secretary of the Department of Health shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Board of Chiropractic Examiners.
Section 35. The Board of Dentistry, created by chapter 36 — 6A, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Health. The Secretary of the Department of Health shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Board of Dentistry.
Section 36. The Board of Hearing Ald Dispensers and Audiologists, created by chapter 36 — 24, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Health. The Secretary of the Department of Health shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Board of Hearing Ald Dispensers and Audiologists.
Section 37. The Board of Funeral Service, created by chapter 36 — 19, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Health. The Secretary of the Department of Health shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Board of Funeral Service.
Section 38. The Board of Medical and Osteopathic Examiners, created by chapter 36 — 4, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Health. The Secretary of the Department of Health shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Board of Medical and Osteopathic Examiners.
Section 39. The Board of Nursing, created by chapter 36 — 9, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Health. The Secretary of the Department of Health shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Board of Nursing.
Section 40. The Board of Nursing Facility Administrators, created by chapter 36 — 28, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Health. The Secretary of the Department of Health shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Board of Nursing Facility Administrators.
Section 41. The Board of Examiners in Optometry, created by chapter 36 — 7, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Health. The Secretary of the Department of Health shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Board of Examiners in Optometry.
Section 42. The Board of Pharmacy, created by chapter 36 — 11, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Health. The Secretary of the Department of Health shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Board of Pharmacy.
Section 43. The Board of Podiatry Examiners, created by chapter 36 — 8, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Health. The Secretary of the Department of Health shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Board of Podiatry Examiners.
Section 44. The Board of Counselor Examiners, created by chapter Z36 — 32, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Human Services. The Secretary of the Department of Human Services shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Board of Counselor Examiners.
Section 45. The Board of Examiners of Psychologists, created by chapter 36 — 27A, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Human Services. The Secretary of the Department of Human Services shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Board of Examiners of Psychologists.
Section 46. The Board of Social Work Examiners, created by chapter 8 (3 — 26, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Human Services. The Secretary of the Department of Human Services shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Board of Social Work Examiners.
Section 47. The Board of Technical Professions, created by chapter 36 — 18A, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Labor. The Secretary of the Department of Labor shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Board of Technical Professions.
Section 48. The Electrical Commission, created by chapter 36 — 16, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Labor. The Secretary of the Department of Labor shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Electrical Commission.
Section 49. The Plumbing Commission, created by chapter 36-25, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Labor. The Secretary of the Department of Labor shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Plumbing Commission.
Section 50. The South Dakota Housing Development Authority, created by chapter 11 — 11, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Tourism and State Development created by this Executive Reorganization Order. The Secretary of the Department of Tourism and State Development shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the South Dakota Housing Development Authority.
Section 51. The Board of Accountancy, created by chapter 36 — 20B, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Labor. The Secretary of the Department of Labor shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Board of Accountancy.
Section 52. The Board of Barber Examiners, created by chapter 36 — 14, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Labor. The Secretary of the Department of Labor shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Board of Barber Examiners.
Section 53. The Cosmetology Commission, created by chapter 36 — 15, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Labor. The Secretary of the Department of Labor shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Cosmetology Commission.
Section 54. The Abstractors Board of Examiners, created by chapter 36 — 13, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Revenue and Regulation. The Secretary of the Department of Revenue and Regulation shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Abstractors Board of Examiners.
Section 55. The Real Estate Commission, created by chapter 36 — 21A, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Revenue and Regulation. The Secretary of the Department of Revenue and Regulation shall perform the functions of the former Secretary of the Department of Commerce and Regulation, relating to the Real Estate Commission.
Section 56. The South Dakota Lottery, created by chapter 42 — 7A, and its functions are transferred to the Department of Revenue and Regulation. The Secretary of the Department of Revenue and Regulation, or the secretary's designee, shall perform the functions of the Executive Director of the South Dakota Lottery.
Section 57. The South Dakota Lottery Commission, created by chapter 42 — 7A — 17, and its functions are transferred to the Department of Revenue and Regulation.
Department of Tourism and State Development created.
Department of Tourism and Governor's Office of Economic Development merged into Department of Tourism and State Development
Section 58. There is hereby created a Department of Tourism and State Development. The head of the Department of Tourism and State Development is the Secretary of Tourism and State Development who shall be appointed and serve pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, § 9.
Section 59. The Department of Tourism established pursuant to chapter 1 — 42 is abolished. The position of Secretary of Tourism is abolished. The functions of the former Department of Tourism are transferred to the Department of Tourism and State Development created by this Executive Reorganization Order. The Secretary of the Department of Tourism and State Development shall perform the functions of the former Secretary of the Department of Tourism.
Section 60. The Governor's Office of Economic Development and its functions in the Department of Executive Management are transferred to the Department of Tourism and State Development created by this Executive Reorganization Order. The Secretary of the Department of Tourism and State Development shall perform the functions of the former Commissioner of the Governor's Office of Economic Development.
Section 61. The Economic Development Finance Authority, created by chapter 1 — 16B, and its functions in the Governor's Office of Economic Development, Department of Executive Management are transferred to the Department of Tourism and State Development created by this Executive Reorganization Order. The Secretary of the Department of Tourism and State Development shall perform the functions of the former Commissioner of the Governor's Office of Economic Development relating to the activities of the Economic Development Finance Authority.
Section 62. The Board of Economic Development, created by chapter 1 — 16G, and its functions in the Governor's Office of Economic Development, Department of Executive Management are transferred to the Department of Tourism and State Development created by this Executive Reorganization Order. The Secretary of the Department of Tourism and State Development shall perform the functions of the former Commissioner of the Governor's Office of Economic Development relating to the activities of the Board of Economic Development.
Division of Cultural Affairs moved to Department of Tourism and State Development Department of Education and Cultural Affairs renamed
Section 63. The department formerly known as the Department of Education and Cultural Affairs is hereby renamed the Department of Education. The position formerly known as Secretary of Education and Cultural Affairs shall be referred to as the Secretary of Education and shall be appointed and serve pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, § 9. The Secretary of the Department of Education shall perform the functions of the former Secretary of the Department of Education and Cultural Affairs.
Section 64. There is created a Division of Library Services within the Department of Education. The State Library Office is transferred from the Division of Cultural Affairs in the former Department of Education and Cultural Affairs to the Division of Library Services in the Department of Education.
Section 65. With the exception of the State Library Office, the Division of Cultural Affairs in the former Department of Education and Cultural Affairs is transferred to the Department of Tourism and State Development.
Section 66. The Office of the Arts, Division of Cultural Affairs, created by chapter 1 — 22, and its functions in the former Department of Education and Cultural Affairs are transferred to the Department of Tourism and State Development created by this Executive Reorganization Order. The Secretary of the Department of Tourism and State Development shall perform the functions of the former Secretary of the Department of Education and Cultural Affairs, relating to the Office of Arts.
Section 67. The Cultural Heritage Center, Division of Cultural Affairs, and its functions in the former Department of Education and Cultural Affairs are transferred to the Department of Tourism and State Development created by this Executive Reorganization Order. The Secretary of the Department of Tourism and State Development shall perform the functions of the former Secretary of the Department of Education and Cultural Affairs, relating to the Cultural Heritage Center.
Section 68. The Office of History in the Division of Cultural Affairs, Department of Education and Cultural Affairs, and its functions are transferred to the Department of Tourism and State Development created by this Executive Reorganization Order. The Secretary of the Department of Tourism and State Development shall perform the functions of the former Secretary of the Department of Education and Cultural Affairs, relating to the Office of History.
Additional Transfers to the Department of Public Safety
Section 69. The Office of Emergency Medical Services, Department of Health, and its functions are transferred to the Department of Public Safety created by this Executive Reorganization Order. The Secretary of the Department of Public Safety shall perform the functions of the Secretary of the Department of Health, relating to the Office of Emergency Medical Services.
Section 70. The Office of Accident Records, Department of Transportation, and its functions are transferred to the Department of Public Safety created by this Executive Reorganization Order. The Secretary of the Department of Public Safety shall perform the functions of the Secretary of Transportation, relating to the Office of Accident Records.
Section 71. The Office of State Radio, Bureau of Information and Telecommunications, and its functions are transferred to the Department of Public Safety created by this Executive Reorganization Order. The Secretary of the Department of Public Safety shall perform the functions of the Commissioner of Information and Telecommunications, relating to the Office of State Radio.
Section 72. The Division of Emergency and Disaster Services in the Department of Military and Veterans Affairs and its functions are transferred to the Department of Public Safety. The Secretary of the Department of Public Safety shall perform the functions of the Secretary of the Department of Military and Veterans Affairs, relating to the Division of Emergency Disaster Services.
Section 73. The South Dakota 911 Coordinated Statewide System Task Force attached to the Division of Emergency and Disaster Services in the Department of Military and Veterans Affairs and its functions are transferred to the Department of Public Safety. The Secretary of the Department of Public Safety shall perform the functions of the Secretary of the Department of Military and Veterans Affairs, relating to the South Dakota 911 Coordinated Statewide System Task Force.
Other reorganization provisions
Section 74. The Office of Tribal Government Relations established by chapter 1 — 4 is transferred to the Department of Tourism and State Development.
Section 75. The Office of Internet Crimes Investigation, Bureau of Information and Telecommunication, and its functions are transferred to the Office of the Attorney General, Division of Criminal Investigation. The Attorney General of the State of South Dakota shall perform the functions of the Commissioner of Information and Telecommunications, relating to the Office of Internet Crimes Investigation.
Sections of law amended or repealed to implement Executive Reorganization Order 2003 — 01
Section 76. That § 1 — 7 — 6 be repealed.
Section 77. That § 1 — 13 — 1.1 be amended to read as follows:
1 — 13 — 1.1. The functions of State Radio Communications, including its budget funds and FTE allocation, is hereby transferred from the Bureau of Information and Telecommunications to the Department of Public Safety.
Section 78. That § 1 — 18 — 1.1 be amended to read as follows:
1 — 18 — 1.1. The Department of History is abolished, and all its functions shall be administered by the Office of History of the Department of Tourism and State Development as provided by § 1 — 45 — 22.
Section 79. That § 1 — 18 — 2 be amended to read as follows:
1 — 18 — 2. The Office of History within the Department of Tourism and State Development shall collect, preserve, exhibit, and publish material for the study of history, especially the history of this and adjacent states. To this end, the office shall explore the archaeology of the region; acquire documents and manuscripts; obtain narratives and records of pioneers; conduct a library of historical reference; maintain a gallery of historical portraiture, and an ethnological and historical museum; publish and otherwise diffuse information relating to the history of the region to schools and communities; and in general encourage and develop within the state the study of history.
Section 80. That § 1 — 18B — 1 be amended to read as follows:
1 — 18B — 1. Terms as used in this chapter, unless the context otherwise plainly requires, mean:
(1) "Board," the State Historical Society Board of trustees provided for by § 1 — 18 — 12.2; and
(2) "Office," the Office of History within the Department of Tourism and State Development.
Section 81. That § 1 — 22 — 2.3 be amended to read as follows.
1 — 22 — 2.3. The arts council shall continue, with all its functions, in the Department of Tourism and State Development. The secretary of the Department of Tourism and State Development shall perform the functions formerly exercised by the former secretary of the Department of Education and Cultural Affairs, relating to the arts council.
Section 82. That § 1 — 32 — 2 be amended to read as follows:
1 — 32 — 2. 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;
(5) Department of Education;
(6) Department of Environment and Natural Resources;
(7) Department of Game, Fish and Parks;
(8) Department of Health;
(9) Department of Agriculture;
(10) Department of Transportation;
(11) Department of Military and Veterans' Affairs;
(12) Department of Revenue and Regulation;
(13) Department of Human Services;
(14) Department of Tourism and State Development.
Section 83. That § 1 — 35 — 2 be repealed.
Section 84. That § 1 — 35 — 3 be repealed.
Section 85. That § 1 — 35 — 4 be amended as follows:
1 — 35 — 4. The Department of Revenue and Regulation shall, under the direction and control of the secretary of revenue and regulation, perform all administrative functions (as defined in § 1 — 32 — 1) of the following divisions:
(1) The Division of Banking, created by chapter S1A — 2;
(2) The Division of Securities, created by § 47 — 31A — 406(c);
(3) The Division of Insurance, created by chapter 58 — 2.
This section does not apply to the special budgetary functions (as defined in § 1 — 32 — 1) of the State Banking Commission created by chapter 51A — 2.
Section 86. That § 1 — 35 — 6.1 be repealed.
Section 87. That § 1 — 35 — 6.2 be amended to read as follows:
1 — 35 — 6.2. The Division of Commercial Inspection and Regulation of the Department of Public Safety shall perform:
(1) The functions of the former Division of Consumer Protection pursuant to chapters 34 — 39, 37 — 2, 37 — 20, 37 — 21, 37 — 22, 37 — 22A, 39 — 1, 39 — 4, and 39 — 13; and
(2) The functions of the Department of Agriculture pursuant to chapter
37 — 21A.
Section 88. That § 1 — 35 — 7 be amended to read as follows:
1 — 35-7. The Division of Commercial Inspection and Regulation shall, under the direction and control of the secretary of public safety, perform all the functions of the former heavy scales division of the Public Utilities Commission, created by chapter 37 — 22.
Section 89. That § 1 — 35 — 8 be repealed:
Section 90. That § 1 — 35 — 10 be repealed.
Section 91. That § 1 — 35 — 13 be amended to read as follows:
1 — 35 — 13. The head of the Division of Human Rights of the Department of Labor is the director of human rights. The director of human rights shall be subject to appointment and removal in accordance with the provisions of § 1 — 32 — 6 concerning the appointment of division directors.
Section 92. That § 1 — 35 — 15 be amended to read as follows:
1 — 35 — 15. The following agency is attached to the Department of Labor for reporting purposes only:
(1) The State Cement Plant Commission created by chapter 5 — 17 Section 93. That § 1 — 35 — 22 be repealed. Section 94. That § 1 — 42 — 17.2 be repealed. Section 95. That § 1 — 42 — 17.3 be repealed. Section 96. That § 1 — 42 — 17.4 be repealed. Section 97. That § 1 — 42 — 17.5 be repealed. Section 98. That § 1 — 42 — 17.6 be amended as follows: 1 — 42 — 17.6. The Department of Tourism and State Development shall perform all of the functions of the former Department of Tourism.
Section 99. That § 1 — 42 — 21.1 be amended as follows:
1 — 42 — 21.1. The Board of Tourism is hereby continued and shall exercise advisory functions with relation to the Department of Tourism and State Development.
Section 100. That § 1 — 42 — 31 be amended as follows:
1 — 42 — 31. There is hereby established a tourism promotion fund in the Department of Tourism and State Development.
Section 101. That § 1 — 45 — 4 be amended to read as follows:
1 — 45 — 4. The Department of Education consists of the divisions of workforce and career preparation, and education services and resources, library services and such other divisions and agencies as may be created by law, executive order, or administrative action and placed within the department. Each division shall perform its prescribed functions, subject to the following provisions:
(1) The secretary shall review and make recommendations concerning the annual budget request of each division; and
(2) The secretary may approve comprehensive education plans for the department; and
(3) The secretary shall perform any functions assigned to the secretary under federal law; and
(4) The secretary shall perform the functions transferred from other agencies as specified in this chapter; and
(5) The secretary shall perform other personnel, organization, staffing, directing, coordinating, and reporting functions as assigned by law or executive directives of the Office of the Governor.
Section 102. That § 1 — 45 — 18 be repealed.
Section 103. That § 1 — 45 — 23.1 be amended to read as follows:
1 — 45-23.1. The State Historical Society Board of Trustees shall submit at least annually to the secretary of tourism and state development and the Governor a review and analysis of the operations and structure of the State Historical Society.
Section 104. That § 1 — 45-26 be amended to as follows:
1 — 45 — 26. The State Library Office of the Division of Library Services includes the State Library Board created by § 14 — 1 — 55.
Section 105. That § 1 — 50 — 1 be amended to read as follows:
1 — 50 — 1. There is created the South Dakota State Emergency Response Commission. The commission shall consist of ten members. The secretary of the Department of Environment and Natural Resources, the secretary of the Department of Transportation, the director of the Division of Emergency and Disaster Services, and the secretary of public safety or their designees shall be members. Six members shall be appointed by the Governor and shall serve at the pleasure of the Governor. One of the six members appointed by the Governor shall be a member of the chemical industry, one shall be an elected or appointed member of a political subdivision, one shall be actively engaged in an agricultural business, one shall be a health professional, one shall be a member of a fire department, and one shall be a member of a local emergency planning committee. A majority is a quorum and a majority of a quorum may take official action. The commission shall receive per diem compensation and allowable expense reimbursement in an amount set pursuant to § 4 — 7 — 10.4 for all time actually spent while attending commission meetings. However, no per diem may be paid to commission members who are state employees. Per diem compensation and expense reimbursement shall be paid from funds appropriated to the Department of Environment and Natural Resources.
Section 106. That § 5 — 15 — 49 be amended to read as follows:
5 — 15 — 49. There is hereby created a South Dakota Centennial Cultural Heritage Center which shall include the storage of archival records, a research center, an exhibit area, and office space. The Centennial Cultural Heritage Center shall be located in Pierre under the control and supervision of the Department of Tourism and State Development.
Section 107. That § 14 — 1 — 42 be amended to read as follows:
14 — 1 — 42. The State Library Office of the Division of Library Services of the Department of Education is the official agency of the state which is charged with the extension and development of library services throughout the state.
Section 108. That § 32 — 23 — 11 be amended to read as follows:
32 — 23 — 11. Any person subject to license revocation for failure to submit to the withdrawal and chemical analysis required in § 32 — 23 — 10, and wishing to contest the revocation, shall demand a hearing pursuant to chapter 1 — 26 within one hundred twenty days of arrest. If the secretary of Public Safety finds that the law enforcement officer complied with the law and the refusal was made by the person, the secretary shall revoke that person's license to drive and any nonresident operating privileges for one year. The secretary shall determine if the person is eligible to drive for the purpose of employment and may promulgate rules pursuant to chapter 1 — 26 for determining that eligibility.
The secretary of public safety may promulgate rules for restricted licenses as follows:
(1) Eligibility;
(2) Application;
(3) Determination;
(4) Limitations; and
(5) Grounds for revocation.
Section 109. That § 33 — 15 — 5 be amended to read as follows:
33 — 15 — 5. The secretary of public safety may employ such technical, clerical, stenographic, and other personnel pursuant to chapter 3 — 6A, and may make expenditures from the appropriation therefor, or from other funds made available to him for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.
Section 110. That § 33 — 15 — 11.5 be amended to read as follows:
33 — 15 — 11.5. The Department of Public Safety shall promulgate rules, pursuant to chapter 1 — 26, to establish reporting procedures pursuant to §§ 33 — 15 — 11.1 to 33 — 15-11.6, inclusive, and to require any other information that is reasonably expected to provide the ability for any emergency agency in this state to contact local officials in the event of an emergency.
Section 111. That § 33 — 15 — 22 be amended to read as follows:
33 — 15 — 22. The secretary of public safety, subject to the direction and control of the Governor, is responsible for carrying out the program for emergency management of this state. He shall coordinate the activities of all organizations for emergency management within the state, and shall maintain liaison with and cooperation with emergency management agencies and organizations of other states and of the federal government.
Section 112. That § 33 — 15 — 23 be amended to read as follows:
83 — 15 — 23. There is hereby created a fund to be known as the "special emergency and disaster special revenue fund." Expenditures may be made from the fund to meet special emergency requirements of the Division of Emergency Management, not included in the general and special appropriations which provide for the ordinary operation and maintenance of functions of this department, and for carrying into effect the objectives and provisions of this chapter. No part of this fund may revert to the general fund. Withdrawal from this fund shall be made on warrants drawn by the state auditor on vouchers signed by the secretary of public safety.
Section 113. That § 33 — 15 — 24.8 be amended to read as follows:
33 — 15 — 24.8. The Department of Public Safety may promulgate rules pursuant to chapter 1 — 26 concerning:
(1) The establishment of minimum standards of local effort to obtain financial assistance under this chapter and the procedures for obtaining such assistance;
(2) The establishment of compensation levels for emergency management workers under subdivision 33 — 15 — 18(3); and
(3) The standards and procedures for providing benefits under the Disaster Relief Act of 1974, as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988.
Section 114. That § 33 — 15 — 25.1 be amended to read as follows:
33 — 15 — 25.1. The Governor may cooperate with or enter into agreements with agencies of the federal government to the extent necessary or appropriate to implement the provisions of the Disaster Relief Act of 1974, as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and to provide, under rules promulgated pursuant to chapter 1 — 26 by the Department of Public Safety, such benefits to the residents of the state as may be available to them under that act.
Section 115. That § 42 — 7A — 2 be amended to read as follows:
42 — 7A — 2. There is hereby established in the Department of Revenue and Regulation a division to be called the South Dakota Lottery under the direction of the South Dakota Lottery Commission. Under the supervision of the commission, an executive director shall administer the state lottery as provided in this chapter. In all decisions, the executive director and commission shall take into account the particularly sensitive nature of the lottery, and shall act to promote and ensure the integrity, security, honesty. and fairness of its operation and administration. The overall management of the state lottery and control over the operation of its games shall rest solely with the South Dakota Lottery.
Section 116. That § 42 — 7A-3 be amended to read as follows:
42 — 7A — 3. The executive director shall be the secretary of revenue and regulation or his designee. The executive director shall be exempt from the South Dakota Career Service Act and shall receive an annual salary fixed by the Governor. The executive director may employ such persons as may be necessary to operate the South Dakota Lottery.
Section 117. That § 49 — 1 — 8.1 be amended to read as follows.
49 — 1 — 8.1. The Public Utilities Commission shall continue within the Department of Labor, and, except as provided by §§ 1 — 35 — 7 and 37 — 22 — 1, shall retain all its prescribed functions, including administrative functions. The commission shall submit such records, information and reports in the form and at such times as required by the secretary of labor, except that the commission shall report at least annually.
Section 118. That § 51A — 2 — 2 be amended to read as follows:
S1A — 2 — 2. The Division of Banking shall be administered under the direction and supervision of the Department of Revenue and Regulation and the secretary thereof. The division shall retain the quasi-judicial, quasilegislative, advisory, and other nonadministrative functions (as defined in § 1 — 32 — 1) otherwise vested in it and shall exercise those functions independently of the secretary.
Section 119. That § 58 — 2 — 1.1 be amended to read as follows:
58 — 2 — 1.1. The Division of Insurance shall be administered under the direction and supervision of the Department of Revenue and Regulation (hereinafter referred to as "department") and the secretary of revenue and regulation (hereinafter referred to as "secretary"), but shall retain the quasi-judicial, quasi-legislative, advisory, and other nonadministrative functions (as defined in § 1 — 32 — 1) otherwise vested in it and shall exercise those functions independently of the secretary.
Section 120. That § 58-2 — 2.1 be amended to read as follows:
58 — 2 — 2.1. The director of the Division of Insurance shall be appointed by the secretary and may be removed at the pleasure of the secretary.
Section 121. Due to the extraordinary number of law changes necessitated by this Executive Reorganization Order, pursuant to § 2 — 16 — 9, the Code Commission and Code Counsel of the Legislative Research Council are requested to make the name and title changes necessary to correlate and integrate the organizational changes made by this Executive Reorganization Order into the South Dakota Codified Laws.