§ 1-32-1 — Definition of terms.

As used in chapters 1-32 to 1-47 , inclusive: (1) "Administrative function" means any management function to include planning, developing, and implementing programs; organizing the internal structure of a department or agency; selecting, appointing, promoting, removing, and managing personnel; directing, administering, reviewing, and coordinating activities and programs assigned to a department, agency, or organizational subunit; reporting; and budgeting and expending funds, including, unless excepted, special budgetary functions; (2) "Advisory function" means furnishing advice, gathering information, and making recommendations; (3) "Agency" means any board, commission, department, bureau, division, or any other unit or organization of state government; (4) "Department," except when used in connection with the name of a departmental level agency existing before July 1, 1973, means the principal functional and administrative entity created by this chapter within the executive department of state government and one of the twenty - five principal departments permitted under the reorganization amendment and includes any subunits of such a department except where otherwise provided; (5) "Division" means the principal functional subunit within a department and is comprised of those agencies allocated to the division by chapters 1-32 to 1-47 , inclusive, except where otherwise provided. Where agencies are not specifically allocated to a division, the department head with the approval of the Governor may form necessary divisions to carry out the purpose of said chapters. The head of the division shall have the title "director" of the division unless otherwise specifically designated by said chapters; (6) "Executive branch" and "executive department" mean the executive department of state government referred to in the S.D. Const., Art. IV; (7) "Function" means any authority, power, responsibility, duty, program, or activity of an agency, whether or not specifically provided for by law; (8) "Head of department," "head of a principal department" or "department head" means the head of one of the principal departments as provided for in chapters 1-33 to 1-47 , inclusive. The head of the department shall have the title "secretary" of the department unless otherwise specifically designated by said chapters; (9) "Office" means the principal functional subunit within a division and is comprised of those agencies allocated to the office by law, executive orders with the force of law, or administrative action, except where otherwise provided. Where agencies are not specifically allocated to an office within a division by law or executive order with the force of law, the department secretary with the approval of the Governor may form necessary offices and allocate agencies to those offices to carry out the purposes of chapters 1-32 to 1-47 , inclusive. The head of an office shall have the title "supervisor" of the office unless otherwise specifically designated by law or said chapters; (10) "Quasi - judicial function" means an adjudicatory function exercised by an agency, involving the exercise of judgment and discretion in making determinations in controversies. The term includes the functions of interpreting, applying, and enforcing existing rules and laws; granting or denying privileges, rights, or benefits; issuing, suspending, or revoking licenses, permits and certificates; determining rights and interests of adverse parties; evaluating and passing on facts; awarding compensation; fixing prices; ordering action or abatement of action; holding hearings; adopting procedural rules or performing any other act necessary to effect the performance of a quasi - judicial function; (11) "Quasi - legislative function" means making or having the power to make and promulgate rules as defined in subdivision 1-26-1(8); (12) "Reorganization amendment" means S.D. Const., Art. IV, § 8, as adopted at the general election of November 7, 1972; (13) "Special budgetary function" is a category of administrative functions and means any statutory power granted to an agency with respect to the receipt, or the approval of budgets or allocations, or the disbursement and expenditure of special revenue funds, capital projects funds, debt service funds, trust and agency funds, public service enterprise funds, and working capital or internal service funds as defined by § 4-4-4 . Special budgetary functions are not to be construed, however, to include any authority to select, appoint, promote, or remove any employee.

Legislative History

SL 1973, ch 2, § 2; SL 1974, ch 3, §§ 2, 3; SL 1979, ch 351, § 3; SL 1979, ch 352, § 2; SL 1979, ch 354, § 3; SL 1979, ch 355, § 3; SL 1980, ch 26, § 1.