South Dakota Codified Laws
Chapter 06C - State Employment General Provisions
Section 3-6C-26 - Executive branch employees--Access to confidential information--Criminal background checks--Promulgation of rules.

3-6C-26. Executive branch employees--Access to confidential information--Criminal background checks--Promulgation of rules.
Each current or new executive branch employee, whose duties include access to confidential information obtained from the United States Internal Revenue Service or from an authorized secondary source, shall submit to and successfully pass a state and federal criminal background investigation. The employee shall submit to a fingerprint check by the Division of Criminal Investigation and the Federal Bureau of Investigation before being granted access to any confidential information. The appointing authority shall submit the completed fingerprint card to the Division of Criminal Investigation. In addition to the initial criminal background investigation, each employee shall submit to a criminal background investigation every five years thereafter. The human resources commissioner may promulgate rules, pursuant to chapter 1-26, to establish policies for exempt employees concerning the procedure for submitting fingerprints and completing the criminal background investigation. The commission may promulgate rules, pursuant to chapter 1-26, to establish policies for civil service employees concerning the procedure for submitting fingerprints and completing the criminal background investigation.
The appointing authority may pay any fee charged for the cost of fingerprinting or the criminal background investigation for any person whose employment is subject to the requirements of this section.

Source: SL 2017, ch 24, §1; SL 2020, ch 16, § 1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 3 - Public Officers and Employees

Chapter 06C - State Employment General Provisions

Section 3-6C-1 - Definition of terms in chapters 3-6C to 3-6F.

Section 3-6C-2 - Human resources functions of bureau--Delegation.

Section 3-6C-3 - Temporary, patient, and student employees' holiday compensation.

Section 3-6C-4 - Vacation leave--Accrual and accumulation--Advanced leave.

Section 3-6C-6 - Vacation on retirement or resignation--Lump-sum payment option--Payment upon death.

Section 3-6C-7 - Sick leave--Accrual and accumulation--Medical certificate--Vacation leave used for sickness--Personal emergency leave--Promulgation of rules.

Section 3-6C-7.1 - Paid family leave.

Section 3-6C-8 - Accrual of leave while receiving workers' compensation.

Section 3-6C-9 - Advanced sick leave.

Section 3-6C-10 - Workers' compensation not payable while on vacation or sick leave.

Section 3-6C-11 - Use of sick pay or vacation pay to supplement workers' compensation.

Section 3-6C-12 - Payment for accrued unused sick leave on termination of employment.

Section 3-6C-13 - Donation of accrued vested leave to another employee--Approval by bureau.

Section 3-6C-14 - Restrictions on donation of leave.

Section 3-6C-15 - Donation of vacation leave to recipient caring for terminally ill family member--Approval by bureau.

Section 3-6C-17 - Leave of absence without pay.

Section 3-6C-18 - Leave and other benefits--Promulgation of rules.

Section 3-6C-19 - Freedom of speech of officers and employees--Restrictive rules prohibited.

Section 3-6C-20 - Holiday benefit eligibility.

Section 3-6C-21 - Leave from work for American Red Cross disaster service volunteers.

Section 3-6C-22 - Disaster service not to affect other benefits.

Section 3-6C-23 - Appointing authority to have exclusive authority over final selection of employees.

Section 3-6C-24 - Personnel records.

Section 3-6C-25 - Student intern preference to South Dakota residents or students.

Section 3-6C-26 - Executive branch employees--Access to confidential information--Criminal background checks--Promulgation of rules.