South Dakota 2025 Regular Session

South Dakota Senate Bill SB145 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.407.12 100th Legislative Session 145
	1	+	25.407.11 100th Legislative Session 145
2	2
3	3
4	4		2025 South Dakota Legislature
5	5		Senate Bill 145
6		-	ENROLLED
7		-
8		-	AN ACT
9		-
10		-
11		-	ENTITLED An Act to require legislative approval of real property leases that are
12		-	necessary for the operation of state government and exceed specified
13		-	durations or rental payments.
14		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
15		-	Section 1. That § 1-33-9 be AMENDED:
16		-	1-33-9. The Bureau of Human Resources and Administration shall:
17		-	(1) Provide workers' compensation coverage and a group health and flexible benefit
18		-	plan for all state employees unless the duties are delegated to another agency
19		-	pursuant to chapter 1-24;
20		-	(2) Administer recruitment and classification for all civil service employees unless the
21		-	duties are delegated to another agency pursuant to chapter 1-24;
22		-	(3) Provide human resource management and programs including programs governing
23		-	human resource planning, training and development, internships, performance
24		-	evaluation, employee assessment and testing, classification, compensation,
25		-	recruitment, and other matters relating to human resource management for all of
26		-	the executive branch of state government under the control of the Governor and
27		-	by agreement for other state government agencies;
28		-	(4) Perform all administrative functions for the Civil Service Commission;
29		-	(5) Employ staff as necessary to perform its duties;
30		-	(6) Contract as is necessary to perform its duties;
31		-	(7) Keep an exact and true inventory of all property, real and personal, belonging to
32		-	the state and promulgate rules pursuant to chapter 1-26 enumerating the types
33		-	and classes of public personal property to be included in the inventory required by
34		-	§ 5-24-1;
35		-	(8) Administer the procurement of supplies, services, and public improvements as
36		-	prescribed in chapters 5-18A, 5-18B, and 5-18D; 25.407.12 2 145
37		-	SB145 ENROLLED
38		-	(9) Supervise transportation, mail, records management, document reproduction
39		-	services, and other central administrative services, and make provisions for the
40		-	supplying of office supplies and furniture;
41		-	(10) Maintain the buildings and grounds of the capitol complex and install central
42		-	facilities to be used by all state agencies under rules the bureau promulgates
43		-	pursuant to chapter 1-26;
44		-	(11) Contract for the provision of food services, candy, and beverages in the capitol
45		-	complex;
46		-	(12) Supervise the administration of the Office of Hearings Examiners;
47		-	(13) Administer the federal surplus property allotted to the state;
48		-	(14) Provide for the lease of real property necessary for the operation of state
49		-	government, in accordance with the limitations set forth in section 3 of this Act;
50		-	(15) Administer a program of risk management for state government;
51		-	(16) Contract for services required by multiple state agencies, if the contract improves
52		-	the efficiency of state government; and
53		-	(17) Take any other function as may be required by statute, executive order, or
54		-	administrative action.
55		-	Section 2. That a NEW SECTION be added to chapter 1-33:
56		-	Terms used in section 3 of this Act mean:
57		-	(1) "Base rent," the amount paid by the state to a party for the use of real property
58		-	pursuant to the terms of a written lease. "Base rent" does not include expenses or
59		-	lease charges for taxes, insurance, utilities, maintenance, repairs, common area
60		-	charges, and improvements; and
61		-	(2) "Long-term lease," any proposed real property lease by the state where the initial
62		-	term of the lease exceeds a commitment of fifteen years and the base rent due
63		-	during the initial term either exceeds $5,000,000 in total for the rental payments
64		-	due during the term of the lease or $50,000 per month during the term of the
65		-	lease.
66		-	Section 3. That a NEW SECTION be added to chapter 1-33:
67		-	Before the Bureau of Human Resources and Administration may enter a long -term
68		-	lease on behalf of the state, the Legislature must authorize the proposed long-term lease.
69		-	The legislative authorization must be in the form of a concurrent resolution, adopted by
70		-	both chambers of the Legislature. 25.407.12 3 145
71		-	SB145 ENROLLED
72		-	To be a valid legislative authorization under this section, the concurrent resolution
73		-	must only contain content related to the following:
74		-	(1) The maximum initial term of the proposed long-term lease;
75		-	(2) The maximum amount of base rent for the initial term of the proposed long -term
76		-	lease;
77		-	(3) A description of the project for which the proposed long-term lease is required;
78		-	and
79		-	(4) The county and municipality, if any, where the project is to be located.
80		-	The Bureau of Human Resources and Administration may not, without receiving
81		-	legislative authorization as required by this section, enter or otherwise authorize the lease
82		-	of real property necessary for the operation of state government under any long -term
83		-	lease.
84		-	A lease of real property for a proposed project at a single site may not be divided
85		-	or structured as multiple leases to avoid the requirements of this section.
86		-	A lease renewal or extension or any amendment to a long -term lease after the
87		-	initial lease term ends is excluded from the requirements of this section, if the renewal,
88		-	extension, or amendment does not exceed fifteen years and the base rent due resulting
89		-	from the renewal, extension, or amendment does not either exceed $5,000,000 in total
90		-	for the rental payments due during the new term or $50,000 per month during the new
91		-	term.
92		-	Any long-term lease entered in violation of this section is voidable in a legal action
93		-	initiated by the attorney general.
94		-	Section 4. This Act applies to long-term leases entered into on or after July 1, 2025. 25.407.12 4 145
95		-	SB145 ENROLLED
96		-	An Act to require legislative approval of real property leases that are necessary for the
97		-	operation of state government and exceed specified durations or rental payments.
98		-
99		-
100		-
101		-
102		-	I certify that the attached Act originated in
103		-	the:
104		-
105		-	Senate as Bill No. 145
106		-
107		-
108		-
109		-	Secretary of the Senate
110		-
111		-
112		-
113		-
114		-	President of the Senate
115		-
116		-	Attest:
117		-
118		-
119		-
120		-
121		-	Secretary of the Senate
122		-
123		-
124		-
125		-
126		-	Speaker of the House
127		-
128		-	Attest:
	6	+	SENATE APPROPRIATIONS ENGROSSED
129	7
130	8
131	9
132	10
133	11
134		-	~~Chief Clerk~~
	12	+	Introduced by: Senator Karr
135	13
136		-
137		-
138		-	Senate Bill No. 145
139		-	File No. ____
140		-	Chapter No. ______
141		-
142		-
143		-
144		-	Received at this Executive Office
145		-	this _____ day of _____________,
146		-
147		-	2025 at ____________M.
148		-
149		-
150		-
151		-	By
152		-	for the Governor
153		-
154		-
155		-	The attached Act is hereby
156		-	approved this ________ day of
157		-	______________, A.D., 2025
158		-
159		-
160		-
161		-
162		-
163		-	Governor
164		-
165		-	STATE OF SOUTH DAKOTA ,
166		-	ss.
167		-	Office of the Secretary of State
168		-
169		-
170		-	Filed ____________, 2025
171		-	at _________ o'clock __M.
172		-
173		-
174		-
175		-
176		-
177		-	Secretary of State
178		-
179		-
180		-
181		-	By
182		-	Asst. Secretary of State
183		-
184		-
	14	+	Underscores indicate new language.
	15	+	Overstrikes indicate deleted language.
	16	+	An Act to require legislative approval of real property leases that are necessary for 1
	17	+	the operation of state government and exceed specified durations or rental 2
	18	+	payments. 3
	19	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4
	20	+	Section 1. That § 1-33-9 be AMENDED: 5
	21	+	1-33-9. The Bureau of Human Resources and Administration shall: 6
	22	+	(1) Provide workers' compensation coverage and a group health and flexible benefit 7
	23	+	plan for all state employees unless such the duties are delegated to another agency 8
	24	+	pursuant to chapter 1-24; 9
	25	+	(2) Administer recruitment and classification for all civil service employees unless 10
	26	+	suchthe duties are delegated to another agency pursuant to chapter 1-24; 11
	27	+	(3) Provide human resource management and programs including programs governing 12
	28	+	human resource planning, training and development, internships, performance 13
	29	+	evaluation, employee assessment and testing, classification, compensation, 14
	30	+	recruitment, and other matters relating to human resource management for all of 15
	31	+	the executive branch of state government under the control of the Governor and 16
	32	+	by agreement for other state government agencies; 17
	33	+	(4) Perform all administrative functions for the Civil Service Commission; 18
	34	+	(5) Employ such staff as are necessary to perform its duties; 19
	35	+	(6) Contract as is necessary to perform its duties; 20
	36	+	(7) Keep an exact and true inventory of all property, real and personal, belonging to 21
	37	+	the state and promulgate rules pursuant to chapter 1-26 enumerating the types 22
	38	+	and classes of public personal property to be included in the inventory required by 23
	39	+	§ 5-24-1; 24
	40	+	(8) Administer the procurement of supplies, services, and public improvements as 25
	41	+	prescribed in chapters 5-18A, 5-18B, and 5-18D; 26 25.407.11 2 145
	42	+	Underscores indicate new language.
	43	+	Overstrikes indicate deleted language.
	44	+	(9) Supervise such central administrative services as transportation, mail, records 1
	45	+	management, and document reproduction services, and other central 2
	46	+	administrative services, and make provisions for the supplying of office supplies 3
	47	+	and furniture; 4
	48	+	(10) Maintain the buildings and grounds of the capitol complex and install central 5
	49	+	facilities to be used by all state agencies under rules the bureau promulgates 6
	50	+	pursuant to chapter 1-26; 7
	51	+	(11) Contract for the provision of food services, candy, and beverages in the capitol 8
	52	+	complex; 9
	53	+	(12) Supervise the administration of the Office of Hearings Examiners; 10
	54	+	(13) Administer the federal surplus property allotted to the state; 11
	55	+	(14) Provide for the lease of real property necessary for the operation of state 12
	56	+	government, in accordance with the limitations set forth in section 3 of this Act; 13
	57	+	(15) Administer a program of risk management for state government; 14
	58	+	(16) Contract for services required by multiple state agencies, if the contract improves 15
	59	+	the efficiency of state government; and 16
	60	+	(17) Take any other function as may be required by statute, executive order, or 17
	61	+	administrative action. 18
	62	+	Section 2. That a NEW SECTION be added to chapter 1-33: 19
	63	+	Terms used in section 3 of this Act mean: 20
	64	+	(1) "Base rent," the amount paid by the state to a party for the use of real property 21
	65	+	pursuant to the terms of a written lease. "Base rent" does not include expenses or 22
	66	+	lease charges for taxes, insurance, utilities, maintenance, repairs, common area 23
	67	+	charges, and improvements; and 24
	68	+	(2) "Long-term lease," any proposed real property lease by the state where the initial 25
	69	+	term of the lease exceeds a commitment of fifteen years and the base rent due 26
	70	+	during the initial term either exceeds $5,000,000 in total for the rental payments 27
	71	+	due during the term of the lease or $50,000 per month during the term of the 28
	72	+	lease. 29
	73	+	Section 3. That a NEW SECTION be added to chapter 1-33: 30
	74	+	Before the Bureau of Human Resources and Administration may enter a long -term 31
	75	+	lease on behalf of the state, the Legislature must authorize the proposed long-term lease. 32 25.407.11 3 145
	76	+	Underscores indicate new language.
	77	+	Overstrikes indicate deleted language.
	78	+	The legislative authorization must be in the form of a concurrent resolution, adopted by 1
	79	+	both chambers of the Legislature. 2
	80	+	To be a valid legislative authorization under this section, the concurrent resolution 3
	81	+	must only contain content related to the following: 4
	82	+	(1) The maximum initial term of the proposed long-term lease; 5
	83	+	(2) The maximum amount of base rent for the initial term of the proposed long -term 6
	84	+	lease; 7
	85	+	(3) A description of the project for which the proposed long-term lease is required; 8
	86	+	and 9
	87	+	(4) The county and municipality, if any, where the project is to be located. 10
	88	+	The Bureau of Human Resources and Administration may not, without receiving 11
	89	+	legislative authorization as required by this section, enter or otherwise authorize the lease 12
	90	+	of real property necessary for the operation of state government under any long -term 13
	91	+	lease. 14
	92	+	A lease of real property for a proposed project at a single site may not be divided 15
	93	+	or structured as multiple leases to avoid the requirements of this section. 16
	94	+	A lease renewal or extension or any amendment to a long -term lease after the 17
	95	+	initial lease term ends is excluded from the requirements of this section, if the renewal, 18
	96	+	extension, or amendment does not exceed fifteen years and the base rent due resulting 19
	97	+	from the renewal, extension, or amendment does not either exceed $5,000,000 in total 20
	98	+	for the rental payments due during the new term or $50,000 per month during the new 21
	99	+	term. 22
	100	+	Any long-term lease entered in violation of this section is voidable in a legal action 23
	101	+	initiated by the attorney general. 24
	102	+	Section 4. This Act applies to long-term leases entered into on or after July 1, 2025. 25