25.641.22 100th Legislative Session 1205
2025 South Dakota Legislature
House Bill 1205
HOUSE STATE AFFAIRS ENGROSSED
Introduced by: Representative Auch
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An Act to require legislative approval of real property leases that are necessary for 1
the operation of state government and exceed specified durations or rental 2
payments. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4
Section 1. That § 1-33-9 be AMENDED: 5
1-33-9. The Bureau of Human Resources and Administration shall: 6
(1) Provide workers' compensation coverage and a group health and flexible benefit 7
plan for all state employees unless such the duties are delegated to another agency 8
pursuant to chapter 1-24; 9
(2) Administer recruitment and classification for all civil service employees unless such 10
the duties are delegated to another agency pursuant to chapter 1-24; 11
(3) Provide human resource management and programs including programs governing 12
human resource planning, training and development, internships, performance 13
evaluation, employee assessment and testing, classification, compensation, 14
recruitment, and other matters relating to human resource management for all of 15
the executive branch of state government under the control of the Governor and 16
by agreement for other state government agencies; 17
(4) Perform all administrative functions for the Civil Service Commission; 18
(5) Employ such staff as are necessary to perform its duties; 19
(6) Contract as is necessary to perform its duties; 20
(7) Keep an exact and true inventory of all property, real and personal, belonging to 21
the state and promulgate rules pursuant to chapter 1-26 enumerating the types 22
and classes of public personal property to be included in the inventory required by 23
§ 5-24-1; 24
(8) Administer the procurement of supplies, services, and public improvements as 25
prescribed in chapters 5-18A, 5-18B, and 5-18D; 26 25.641.22 2 1205
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(9) Supervise such central administrative services as transportation, mail, records 1
management, and document reproduction services, and other central 2
administrative services, and make provisions for the supplying of office supplies 3
and furniture; 4
(10) Maintain the buildings and grounds of the capitol complex and install central 5
facilities to be used by all state agencies under rules the bureau promulgates 6
pursuant to chapter 1-26; 7
(11) Contract for the provision of food services, candy, and beverages in the capitol 8
complex; 9
(12) Supervise the administration of the Office of Hearings Examiners; 10
(13) Administer the federal surplus property allotted to the state; 11
(14) Provide for the lease of real property necessary for the operation of state 12
government, in accordance with the limitations set forth in section 2 of this Act; 13
(15) Administer a program of risk management for state government; 14
(16) Contract for services required by multiple state agencies, if the contract improves 15
the efficiency of state government; and 16
(17) Take any other function as may be required by statute, executive order, or 17
administrative action. 18
Section 2. That a NEW SECTION be added to chapter 1-33: 19
The Bureau of Human Resources and Administration may not, without legislative 20
consent, enter into or otherwise authorize the lease of real property necessary for the 21
operation of state government, if the term of the lease exceeds fifteen years or the amount 22
of rental payments due during the term of the lease exceeds five million dollars. 23
In order to receive legislative consent, the commissioner of the bureau of human 24
resources and administration shall: 25
(1) If the Legislature is in session, seek the introduction and adoption of a joint 26
resolution consenting to the lease; or 27
(2) If the Legislature is in a recess or between legislative sessions, request that the 28
Executive Board of the Legislative Research Council review and consent to the 29
terms and conditions of the lease. 30
A lease of real property necessary for the operation of state government may not 31
be divided or structured in order to avoid or otherwise defeat the approval threshold 32
established in this section. 33
Any lease entered into in violation of this section is void and unenforceable. 34 25.641.22 3 1205
Underscores indicate new language.
Overstrikes indicate deleted language.
Section 3. If a lease of real property entered into by the Bureau of Human Resources and 1
Administration, before the effective date of this Act, has a term that exceeds fifteen years or 2
if the amount of rental payments during the term of the lease exceeds five million dollars, the 3
lease becomes void and unenforceable on July 1, 2026, unless prior to that date the 4
commissioner of human resources and administration obtains legislative consent, in the same 5
manner as required for new leases under section 2 of this Act. 6