SDCL § 3-6C-32: Reporter safeguards--Definitions.

Terms used in §§ 3-6C-32 to 3-6C-36, inclusive, mean:

(1) "Adverse employment action," constructive or actual discharge, suspension from employment, demotion, transfer, decrease in compensation or benefits, imposition of an unfavorable work schedule, or any other similar reprisal or retaliatory action;

(2) "Conflict of interest," conduct defined or described in §§ 5-18A-17 to 5-18A-17.6, inclusive, 42-7A-27, and 42-7A-28;

(3) "Crime," a criminal act attempted or committed by misusing a state employee’s access, duty, responsibility, or position as a state employee, which constitutes a felony under state law;

(4) "Good faith report," a report made, without malice, by a reporter, which the reporter has reasonable cause to believe is accurate and true;

(5) "Improper governmental conduct," any conduct or omission that results in:

(a) A conflict of interest prohibited by state law;

(b) Fraud; or

(c) Theft of moneys or property belonging to or derived from federal, state, or local government sources, constituting a felony;

(6) "Reporter," a state employee who witnesses or has evidence of improper governmental conduct or a crime, and who makes a good faith report of the improper governmental conduct or the crime, to a supervisor or other appropriate authority;

(7) "State agency," any agency, board, bureau, commission, committee, department, division, or office of this state; and

(8) "State employee," a full-time, part-time, seasonal, or temporary employee of any state agency.