Changes to Existing Law

Records management procedures proposed by state agencies. 1-27-13. The head of each agency shall submit to the commissioner of human resources and administration, in accordance with the procedures, rules, and standards, and procedures established by the commission, schedules proposing the length of time each state record series warrants retention for administrative, legal, or fiscal purposes fiscal, or legal purposes, after it has been received by the agency. However, original, provided that original invoices claims, invoices, and vouchers submitted to the state auditor for payment shall must be retained for at least seven years.

Searchable internet website for posting and access of public records and financial information. 1-27-45. The state shall maintain a searchable internet website for the posting and access of accessing the public records and financial information of the state, municipalities, counties, school districts, and other political subdivisions. The content and operation of the website shall must be administered jointly by the Bureau of Human Resources and Administration, Bureau of Finance and Management, and Bureau of Information and Telecommunications. 7

Contracts to be displayed on searchable internet website. 1-27-46. The state shall display on the searchable internet website website, created pursuant to § 1-27-45 1-27-45, copies of each written contract for for: (1) For supplies, services, or professional services of ten thousand dollars or more, each written contract filed filed; (2) Filed with the state auditor pursuant to § 1-24A-1, and each written contract filed filed; and (3) Filed with the attorney general pursuant to § 1-11-15. Each contract shall must be displayed electronically not less than at least sixty days after commencement of the contract term and for not less than at least the retention period prescribed by § 1-27-4.1. For purposes of this section, a written contract does not include any purchase order issued against formal statewide contracts available for the use of all state agencies. 20

3-9-1. In lieu of actual transportation expenses and except as provided in § 3-9-22 1.1, the State Board of Finance may fix the maximum mileage reimbursement rate for using a privately owned motor vehicle on state business. Except as otherwise provided in this section and § 3-9-1.1, the maximum mileage reimbursement rate for using a privately owned motor vehicle on state business is fifty-one cents per mile or the standard mileage rate for business authorized by the United States Internal Revenue Service as of October first each year, whichever is greater. However, if no If there is not a state vehicle is equipped for the transportation of a person an individual with special needs, the maximum mileage reimbursement rate for using a privately owned motor vehicle is based on the type of vehicle. is: 31 (1) If a privately owned passenger or cargo van, pickup truck, or sport utility vehicle is used to transport an individual with special needs for state business, the mileage reimbursement rate is sixty-eight cents per mile or one-hundred-and-thirty percent percent, rounded up to the nearest penny, of the standard mileage rate for business authorized by the United States Internal Revenue Service as of October first each year, whichever is greater. greater.; or (2) If any other vehicle is used to transport an individual with special needs for state business, the mileage reimbursement rate is fifty-one cents per mile or the standard mileage rate for business authorized by the United States Internal Revenue Service as of October first each year, whichever is greater. For the purposes of this section, the term "individual with special needs" means a person with a disability that makes the person unable to operate an unmodified motor vehicle but allows the person to operate a personal motor vehicle modified to accommodate the disability. The mileage reimbursement rate covers all expenses incidental to the operation of a motor vehicle. The Bureau of Finance and Management shall publish in writing the mileage reimbursement rate to be effective as of October first each year. The state auditor shall issue warrants for using a privately owned motor vehicle on state business at the rate specified upon the sworn statement of the party using the vehicle. For purposes of this section, "individual with special needs" means an individual with a disability that makes the individual unable to operate an unmodified motor vehicle but allows the individual to operate a personal motor vehicle modified to accommodate the disability. 24

3-9-1.1. If an Office of Fleet and Travel Management or a Department of Transportation pool motor vehicle is available within ten miles of a person's an individual's place of residence or headquarters station station, but the person individual uses a privately owned vehicle instead for state business, the mileage reimbursement rate is forty-five percent of the standard mileage rate for business authorized by the United States Internal Revenue Service as of October first each year. year, rounded up to the nearest penny. 31 The Office of Fleet and Travel Management must approve mileage reimbursement 32 paid at the rate set pursuant to § 3-9-1 if there are Office of Fleet and Travel Management 33 or Department of Transportation pool motor vehicles available within ten miles of a person’s the individual's place of residence or headquarters station. This section does not apply to elected officers, departmental secretaries, and chairs of state boards and commissions. 4

3-9-6. The Governor may delegate to each responsible officer of any other agency, department, agency, or institution the authority to grant written consent for official travel outside this state. The Governor may establish general guidelines for travel outside the state as the Governor deems appropriate. For each outside-the-state expenditure, there must be a record signed or electronically authorized by the appropriate responsible officer authorizing the same. State agencies are permitted to follow federal regulations for payment of travel and other allowances to state employees, dependents of state employees, or to foreign nationals where where, if the travel and other allowances are funded entirely by federal or private grants in support of international programs. Source: SDC 1939, § 48.0604 (4) as enacted by SL 1968, ch 194; SL 1979, ch 24; SL 2023, ch 3, § 19. 14

3-9-8. No warrant shall be issued by the The state auditor may not issue a warrant for the payment of any expense or expenses paid out by any department officer or employee of the state, until such the department officer or employee shall have has presented to the state auditor an itemized statement and account of such expenses the expenses, the authenticity of which must be duly verified under oath as to the authenticity of such expenses. Such claims shall shall. The claims must be filed in in, or made available electronically to, the Office of the State Auditor, together with receipt or all receipts from the person or persons the person to whom such the payments shall have been were made; provided, however, that receipts shall be be, provided that a receipt is required only upon a rule passed by the state auditor pursuant to chapter 1-26. 25

Monthly reconciliation of accounting system balances with bank account records. 4-10-4. At the beginning of each month, the Bureau of Finance and Management shall reconcile reconcile: 31 (1) Reconcile the state accounting system balances with the state treasurer's state bank account records. The state treasurer will receive a copy of of; and (2) Provide the state treasurer electronic access to the reconciliation as soon as it is completed. 4

4-10-6. The Bureau of Finance and Management shall provide to the state auditor shall be provided provided, in a timely manner, with a copy of upon request, electronic access to all budgetary accounting reports from the Bureau of Finance and Management that he that the state auditor considers necessary to carry out the financial functions of his the auditor's office. The state auditor shall review the budgetary accounting system and may make recommendations for changes in the system to the Governor. 11

Receipts, warrants, and documents kept by auditor. 4-10-7. The state auditor shall also keep records maintain physical or electronic access to: (1) Records of all such public accounts and other documents as have been or may be that are by law made returnable to his the auditor's office, and other; and (2) Any other vouchers relative to the business of his the office. 17

4-10-8. Warrants which have been microfilmed may be destroyed by the state auditor in his discretion Except as otherwise provided in this section, the state auditor has discretion to destroy, without further approval or authorization from the records destruction board board, any: (1) Warrant that has been microfilmed, as soon as the microfilm copy has been is verified to be an as: (a) An accurate and complete copy of the original, clearly clearly; (b) Clearly legible with viewing instruments and capable capable; and (c) Capable of being enlarged to produce either a positive or negative copy of the approximate size of the original. He may also destroy all microfilm microfilm; (2) Microfilm or electronic copies that are at least fifteen years old which and have been audited by the auditor-general without further approval or authorization from the records destruction board. Certified copies of such microfilmed records are 31 official records of the state auditor for all purposes, and may be used as evidence in all courts and administrative agencies. Vouchers, and supporting receipts which have have; and (3) Voucher, together with any supporting receipts, that is at least seven years old and has been audited by the auditor-general may be destroyed by the state auditor after four years in his discretion without further approval or authorization from the records destruction board. A certified copy of a microfilmed record is an official record of the state auditor for any purpose and may be used as evidence in any administrative agency or court. Nothing in this section affects the provisions of §§ 4-9-19 and 4-9-20. Source: SDC 1939, § 55.1307 as added by SL 1963, ch 304; SL 1967, ch 251; SL 1975, ch 46; SL 1986, ch 48. 10

4-9-2. All accounts and and, claims against the state, which shall be be, and vouchers that are by law directed to be paid out of the state treasury thereof, shall must be presented to to, and examined and adjusted by, the state auditor, who shall examine and adjust the same; provided, however, that the Bureau of Finance and Management shall have has authority to establish promulgate rules and regulations regulations, pursuant to chapter 1-31 26, under which the State Board of Regents may provide for the processing of payrolls on a local an institutional basis, and budgeted budgeted. Budgeted funds may be transferred on a monthly basis for this purpose. For purposes of this section, "claim" or "voucher" means an original request for disbursement of state funds or an electronic copy of the request. 5

4-9-4. Wherever any law of this state requires a claim or account against the state, or any political subdivision thereof, thereof of the state, including municipalities and school districts, to be verified or sworn to before an officer authorized to administer oaths, prior to presentation or payment, it shall be a is sufficient compliance with such the law if the claimant, or authorized officer or agent thereof, thereof of the claimant, in lieu of verification before a notary public shall sign a statement printed or written thereon in the form following: following, signs or electronically acknowledges the following statement: "I declare and affirm under the penalties of perjury that this claim has been examined by me, and to the best of my knowledge and belief, is in all things true and correct." Any person who shall sign individual who signs or electronically acknowledges a claim or account bearing the statement the written or printed thereon as provided for in statement pursuant to this section, knowing the same to be statement is false or untrue, in whole or in part, shall be is guilty of perjury. 19

4-9-8. The state auditor shall issue warrants that: (1) Are payable at the state treasury which shall be be; (2) Are numbered consecutively and each shall specify specify; (3) Specify the date of the issue, and; and (4) State the name of the person to whom the warrant is payable. The number, date of issue, and the name of the person to whom payable, payee name of each warrant, shall must be entered upon a record and shall be carefully preserved by the auditor in his office. 28