| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | |
|---|
| 12 | 12 | | Introduced by: Representative Auch |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | Underscores indicate new language. |
|---|
| 15 | 15 | | Overstrikes indicate deleted language. |
|---|
| 16 | 16 | | An Act to require legislative approval of real property leases that are necessary for 1 |
|---|
| 17 | 17 | | the operation of state government and exceed specified durations or rental 2 |
|---|
| 18 | 18 | | payments. 3 |
|---|
| 19 | 19 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 |
|---|
| 20 | 20 | | Section 1. That § 1-33-9 be AMENDED: 5 |
|---|
| 21 | 21 | | 1-33-9. The Bureau of Human Resources and Administration shall: 6 |
|---|
| 22 | 22 | | (1) Provide workers' compensation coverage and a group health and flexible benefit 7 |
|---|
| 23 | 23 | | plan for all state employees unless such the duties are delegated to another agency 8 |
|---|
| 24 | 24 | | pursuant to chapter 1-24; 9 |
|---|
| 27 | 27 | | (3) Provide human resource management and programs including programs governing 12 |
|---|
| 28 | 28 | | human resource planning, training and development, internships, performance 13 |
|---|
| 29 | 29 | | evaluation, employee assessment and testing, classification, compensation, 14 |
|---|
| 30 | 30 | | recruitment, and other matters relating to human resource management for all of 15 |
|---|
| 31 | 31 | | the executive branch of state government under the control of the Governor and 16 |
|---|
| 32 | 32 | | by agreement for other state government agencies; 17 |
|---|
| 33 | 33 | | (4) Perform all administrative functions for the Civil Service Commission; 18 |
|---|
| 34 | 34 | | (5) Employ such staff as are necessary to perform its duties; 19 |
|---|
| 35 | 35 | | (6) Contract as is necessary to perform its duties; 20 |
|---|
| 36 | 36 | | (7) Keep an exact and true inventory of all property, real and personal, belonging to 21 |
|---|
| 37 | 37 | | the state and promulgate rules pursuant to chapter 1-26 enumerating the types 22 |
|---|
| 38 | 38 | | and classes of public personal property to be included in the inventory required by 23 |
|---|
| 39 | 39 | | § 5-24-1; 24 |
|---|
| 40 | 40 | | (8) Administer the procurement of supplies, services, and public improvements as 25 |
|---|
| 42 | 42 | | Underscores indicate new language. |
|---|
| 43 | 43 | | Overstrikes indicate deleted language. |
|---|
| 44 | 44 | | (9) Supervise such central administrative services as transportation, mail, records 1 |
|---|
| 45 | 45 | | management, and document reproduction services, and other central 2 |
|---|
| 46 | 46 | | administrative services, and make provisions for the supplying of office supplies 3 |
|---|
| 47 | 47 | | and furniture; 4 |
|---|
| 48 | 48 | | (10) Maintain the buildings and grounds of the capitol complex and install central 5 |
|---|
| 49 | 49 | | facilities to be used by all state agencies under rules the bureau promulgates 6 |
|---|
| 50 | 50 | | pursuant to chapter 1-26; 7 |
|---|
| 51 | 51 | | (11) Contract for the provision of food services, candy, and beverages in the capitol 8 |
|---|
| 52 | 52 | | complex; 9 |
|---|
| 53 | 53 | | (12) Supervise the administration of the Office of Hearings Examiners; 10 |
|---|
| 54 | 54 | | (13) Administer the federal surplus property allotted to the state; 11 |
|---|
| 55 | 55 | | (14) Provide for the lease of real property necessary for the operation of state 12 |
|---|
| 56 | 56 | | government, in accordance with the limitations set forth in section 2 of this Act; 13 |
|---|
| 57 | 57 | | (15) Administer a program of risk management for state government; 14 |
|---|
| 58 | 58 | | (16) Contract for services required by multiple state agencies, if the contract improves 15 |
|---|
| 59 | 59 | | the efficiency of state government; and 16 |
|---|
| 60 | 60 | | (17) Take any other function as may be required by statute, executive order, or 17 |
|---|
| 61 | 61 | | administrative action. 18 |
|---|
| 62 | 62 | | Section 2. That a NEW SECTION be added to chapter 1-33: 19 |
|---|
| 63 | 63 | | The Bureau of Human Resources and Administration may not, without legislative 20 |
|---|
| 64 | 64 | | consent, enter into or otherwise authorize the lease of real property necessary for the 21 |
|---|
| 66 | 66 | | of rental payments due during the term of the lease exceeds five million dollars. 23 |
|---|
| 67 | 67 | | In order to receive legislative consent, the commissioner of the bureau of human 24 |
|---|
| 68 | 68 | | resources and administration shall: 25 |
|---|
| 69 | 69 | | (1) If the Legislature is in session, seek the introduction and adoption of a joint 26 |
|---|
| 70 | 70 | | resolution consenting to the lease; or 27 |
|---|
| 71 | 71 | | (2) If the Legislature is in a recess or between legislative sessions, request that the 28 |
|---|
| 72 | 72 | | Executive Board of the Legislative Research Council review and consent to the 29 |
|---|
| 73 | 73 | | terms and conditions of the lease. 30 |
|---|
| 74 | 74 | | A lease of real property necessary for the operation of state government may not 31 |
|---|
| 75 | 75 | | be divided or structured in order to avoid or otherwise defeat the approval threshold 32 |
|---|
| 76 | 76 | | established in this section. 33 |
|---|
| 81 | | - | Administration, before the effective date of this Act, has a term that exceeds fifteen years or 2 |
|---|
| 82 | | - | if the amount of rental payments during the term of the lease exceeds five million dollars, the 3 |
|---|
| 83 | | - | lease becomes void and unenforceable on July 1, 2026, unless prior to that date the 4 |
|---|
| 81 | + | Administration, before the effective date of this Act, has a term that exceeds ten years or if 2 |
|---|
| 82 | + | the amount of rental payments during the term of the lease exceeds five million dollars, the 3 |
|---|
| 83 | + | lease becomes void and unenforceable on June 30, 2026, unless prior to that date the 4 |
|---|