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CHAPTER 2-9

LEGISLATIVE RESEARCH COUNCIL

2-9-1      Council continued--Composition and functions.
2-9-1.1      Annual report of council on judicial opinions.
2-9-2      Executive Board of the Legislative Research Council--Members--Terms--Vacancies.
2-9-2.1      Party makeup of executive board members.
2-9-3      Executive board chair and vice chair--Vacancies.
2-9-3.1      Term of executive board.
2-9-4      Powers and duties of executive board.
2-9-5      Meetings and quorum of board--Rules--Annual report filed with Legislative Research Council.
2-9-6      Investigative powers of board.
2-9-7      Compensation and allowances of council and board members.
2-9-7.1      Charges for printing statutes from data base.
2-9-8      Director--Staff--Supplies and equipment.
2-9-9      Code counsel established--Qualifications and appointment.
2-9-10      Offices of code counsel.
2-9-11      Powers and duties of code counsel.
2-9-12      Repealed.
2-9-13      Legislative student intern program created within council--Purpose.
2-9-13.1      Assignment of interns.
2-9-14      Administration of intern program--Supervision of interns.
2-9-15      Repealed.
2-9-15.1      Repealed.
2-9-16      Repealed.
2-9-17 to 2-9-19. Repealed.
2-9-20 to 2-9-24. Repealed.
2-9-25 to 2-9-29. Repealed.
2-9-30      Determination of fiscal impact and preparation of fiscal note for initiated measure or initiated constitutional amendment.
2-9-30.1      Initiated measure or initiated amendment to Constitution submitted before July 1, 2017.
2-9-31      Repealed.
2-9-32      Fiscal note for referred law.
2-9-33      Cost estimate for bill or amendment that may impact state prison or county jail population.
2-9-34      Contents of cost estimate.


     2-9-1.   Council continued--Composition and functions. The State Legislative Research Council shall continue and shall consist of all of the members of the South Dakota Legislature. It shall be the function of the Legislative Research Council to consider legislative policies between sessions of the Legislature and carry out the duties imposed by this chapter.

Source: SL 1951, ch 286, § 1; SDC Supp 1960, § 55.05A01.


     2-9-1.1.   Annual report of council on judicial opinions. The Legislative Research Council shall prepare an annual report to be placed on file in the Legislative Research Council Office, regarding opinions of state and federal courts issued in the preceding year which have sought to interpret the legislative intent of various South Dakota statutes. The report may include recommendations for corrective action if it is determined that the opinion of the court may be adverse to what was intended by the Legislature or if the court's opinion has identified an appropriate area for legislative action.

Source: SL 1982, ch 26, § 2; SL 1990, ch 28, § 2.


     2-9-2.   Executive Board of the Legislative Research Council--Members--Terms--Vacancies. The Legislative Research Council shall have an executive board, to be known as the Executive Board of the Legislative Research Council, which shall consist of fifteen members, as follows: four members from the Senate and five members from the House of Representatives, to be elected by a majority vote by their respective legislative bodies in party caucus before each regular session of the Legislature held in odd-numbered years, and ex officio the president pro tempore, majority leader, and minority leader of the Senate and the speaker, majority leader, and minority leader of the House of Representatives elected in such regular session. The number of senate and house members on the executive board shall remain constant, and any vacancy occurring shall be filled by the respective legislative bodies in party caucus. If a vacancy occurs in the ex officio position on the board for the president pro tempore, the vacancy on the board shall be filled by the majority party caucus until the Senate elects a new president pro tempore. If a vacancy occurs in the ex officio position on the board for the speaker, the vacancy on the board shall be filled by the speaker pro tempore until the House of Representatives elects a new speaker. No board member, excepting ex officio, may serve more than three successive terms.

Source: SL 1951, ch 286, § 2; SL 1953, ch 283, § 1; SDC Supp 1960, § 55.05A02; SL 1963, ch 299; SL 1966, ch 158; SL 1967, ch 247, § 1; SL 2014, ch 14, § 3, eff. Jan. 1, 2015; SL 2015, ch 18, § 1; SL 2016, ch 26, § 1.


     2-9-2.1.   Party makeup of executive board members. The party makeup of the executive board members of the House of Representatives, including the ex officio members, shall be proportional to the party makeup of the House of Representatives as a whole. The party makeup of the executive board members of the Senate, including the ex officio members, shall be proportional to the party makeup of the Senate as a whole.

Source: SL 2014, ch 14, § 5, eff. Jan. 1, 2015.


     2-9-3.   Executive board chair and vice chair--Vacancies. The speaker of the House of Representatives is the chair of the executive board and the president pro tempore of the Senate is the vice chair from the first day of the regular session of the Legislature in an odd-numbered year to the day prior to the first day of the regular session of the Legislature in an even-numbered year, inclusive. The president pro tempore of the Senate is the chair of the executive board and the speaker of the House of Representatives is the vice chair from the first day of the regular session of the Legislature in an even-numbered year to the day prior to the first day of the regular session of the Legislature in an odd-numbered year, inclusive. If a vacancy occurs in the position of speaker of the House of Representatives, the speaker pro tempore shall serve as chair or vice chair of the board, as provided by this section, until the House of Representatives elects a new speaker. If a vacancy occurs in the position of president pro tempore, the majority party caucus shall appoint a Senate member of the board to serve as chair or vice chair of the board, as provided by this section, until the Senate elects a new president pro tempore.

Source: SL 1951, ch 286, § 2; SL 1953, ch 283, § 1; SDC Supp 1960, § 55.05A02; SL 1963, ch 299; SL 1970, ch 16, § 1; SL 2014, ch 14, § 1, eff. Jan. 1, 2015; SL 2016, ch 26, § 2.


     2-9-3.1.   Term of executive board. The term of each executive board is from the first day of the regular session of the Legislature in the odd-numbered year until the first day of the regular session of the Legislature in the next succeeding odd-numbered year. During the entire period of each executive board's term, it is the governance body of the Legislative Research Council and shall direct and supervise its staff and activities.

Source: SL 2014, ch 14, § 2, eff. Jan. 1, 2015; SL 2015, ch 18, § 2.


     2-9-4.   Powers and duties of executive board. The executive board shall:
             (1)      Instigate research and collect information concerning the government and general welfare of the state;
             (2)      Investigate and make recommendations concerning important issues of public policy and questions of statewide interest;
             (3)      Prepare a legislative program in the form of bills, or otherwise, as in its opinion the welfare of the state may require, to be presented to the Legislature;
             (4)      Cooperate with the administration in devising means of enforcing the law;
             (5)      Study, inquire, make recommendations and propose bills in any phase or branch of state government so deemed advisable and necessary;
             (6)      Appoint and name committees from the members of the State Legislative Research Council, and assign to such committee or committees appropriate subjects and projects of whatever character and nature the executive board deems advisable. Each member of the council is entitled to membership on one study committee of the member's choice insofar as practicable;
             (7)      Conduct legislative oversight and management analysis of the executive branch of government by means of a selective program of performance auditing and cooperate with the administration in improving the efficiency and effectiveness of administrative methods;
             (8)      Review and make recommendations for further legislative action regarding the opinions of state and federal courts which have sought to interpret the intent of South Dakota legislative acts; and
             (9)      Allocate funds to the House of Representatives and the Senate to pay for out-of-state travel and salary or per diem costs incurred by members, and to pay for in-state travel and salary or per diem costs incurred by members, excluding costs associated with any legislative session. The Legislative Research Council shall make payments to representatives for costs and travel approved by the speaker of the House of Representatives, from the funds allocated to the House of Representatives, and shall make payments to senators for costs and travel approved by the president pro tempore of the Senate, from the funds allocated to the Senate. Any payment decision of the speaker of the House of Representatives may be appealed to the members of the executive board from the House of Representatives. Any payment decision of the president pro tempore of the Senate may be appealed to the members of the executive board from the Senate. No funds may be paid beyond the amounts allocated to each body.

Source: SL 1951, ch 286, § 3; SDC Supp 1960, § 55.05A03; SL 1963, ch 299; SL 1977, ch 20, §§ 1, 2; SL 1982, ch 26, § 1; SL 1993, ch 31; SL 2015, ch 16, § 3; SL 2016, ch 27, § 1.


     2-9-5.   Meetings and quorum of board--Rules--Annual report filed with Legislative Research Council. The executive board shall meet as often as may be necessary to perform its duties. The board shall meet at least four times each year. A majority of the members constitutes a quorum, and a majority of the quorum may act on any matter falling within the scope of the executive board's duties, powers, and authority. The board shall make its own rules and regulations, keep complete minutes of its meetings, and prepare an annual report to be placed on file in the Legislative Research Council Office.

Source: SL 1951, ch 286, § 4; SL 1953, ch 283, § 2; SDC Supp 1960, § 55.05A04; SL 1963, ch 299; SL 1970, ch 16, § 2; SL 1990, ch 28, § 1; SL 2016, ch 26, § 3.


     2-9-6.   Investigative powers of board. In the discharge of any duty herein imposed, the executive board or its duly appointed committees shall have authority to administer oaths, require reports, issue subpoenas, compel the attendance of witnesses, and the production of any papers, books, accounts, documents, and testimony, and to cause the depositions of witnesses, either residing within or without the state, to be taken in the manner prescribed by law for taking depositions in civil actions in the circuit court.

Source: SL 1951, ch 286, § 5; SDC Supp 1960, § 55.05A05.


     2-9-7.   Compensation and allowances of council and board members. Claims of members of the State Legislative Research Council and members of the executive board for compensation and expenses shall be paid out of funds appropriated therefor, and on vouchers approved according to rules determined by the executive board.

Source: SL 1951, ch 286, § 6; SL 1953, ch 283, § 3; SDC Supp 1960, § 55.05A06; SL 1970, ch 16, § 3.


     2-9-7.1.   Charges for printing statutes from data base. The Executive Board of the Legislative Research Council may establish charges based on actual costs for printing statutes from the computerized statutory data base. This authority does not include charging for copies of proposed rules. Receipts shall be deposited in the state general fund.

Source: SL 1982, ch 7, § 2; SL 2017, ch 15, § 2.


     2-9-8.   Director--Staff--Supplies and equipment. The executive board shall appoint a director of the Legislative Research Council. The director shall employ the members of the Legislative Research Council staff and procure the supplies and equipment as may be necessary to assist the Legislature.

Source: SL 1951, ch 286, § 7; SL 1953, ch 283, § 4; SDC Supp 1960, § 55.05A07; SL 1970, ch 16, § 4; SL 2016, ch 26, § 4.


     2-9-9.   Code counsel established--Qualifications and appointment. There is hereby established within the Office of the State Legislative Research Council the position of code counsel. The executive board of the council shall appoint a code counsel who is a graduate of an accredited law school and who is either admitted to the practice of law in the State of South Dakota at the time of such employment or is eligible to and becomes so admitted within one year after such employment.

Source: SL 1970, ch 15, § 1; SL 1985, ch 15, § 10.


     2-9-10.   Offices of code counsel. The code counsel shall be provided with offices adjacent or as near as may be to the office of the State Legislative Research Council.

Source: SL 1970, ch 15, § 4.


     2-9-11.   Powers and duties of code counsel. In addition to other powers and duties conferred by law or authorized by the executive board or by the Code Commission, the code counsel shall:
             (1)      Provide staff assistance to and attend all meetings of the Code Commission and make such recommendations to the commission as he deems essential for the general improvement of the laws of the State of South Dakota;
             (2)      Submit to each regular session of the Legislature the approved recommendations of the Code Commission as to the laws of the state, draft bills for proposed legislation to carry out such recommendations, and present them to the appropriate legislative committees;
             (3)      Advise and otherwise assist the members of the Legislature in legal research and in the preparation of bills;
             (4)      Prepare and index the session laws which shall include all rules of court adopted or amended subsequent to the publication of the last preceding volume of session laws;
             (5)      Protect the interest of the State of South Dakota in all material published under chapters 2-13 and 2-16, whether printed or on computer retrieval systems.

Source: SL 1970, ch 15, §§ 2, 7; SL 1988, ch 24, § 1.


     2-9-12.   Repealed by SL 1985, ch 15, § 11.


     2-9-13.   Legislative student intern program created within council--Purpose. There is hereby created a college student intern program within the Legislative Research Council to provide legislative internships for college students to foster knowledge and understanding of the governmental process and to provide assistance to the legislative branch of state government.

Source: SL 1973, ch 15, § 11.


     2-9-13.1.   Assignment of interns. The Executive Board of the Legislative Research Council shall assign college student interns to the legislative branch of government. The Executive Board shall set the number of interns and divide the total number of interns between the political parties in each chamber in proportion to the party membership in each chamber as nearly as is practicable. The minority party in each house shall have a minimum of three interns.

Source: SL 2016, ch 28, § 1.


     2-9-14.   Administration of intern program--Supervision of interns. The Executive Board of the Legislative Research Council shall administer the program and supervise the college student interns who are assigned to the legislative branch of state government.

Source: SL 1973, ch 15, § 12.


     2-9-15.   Repealed by SL 1976, ch 27, § 1.


     2-9-15.1.   Repealed by SL 1980, ch 23, § 25.


     2-9-16.   Repealed by SL 1988, ch 25.


     2-9-17 to 2-9-19.   Repealed by SL 2016, ch 28, §§ 2 to 5.


     2-9-20 to 2-9-24.   Repealed by SL 1978, ch 20, § 1.


     2-9-25 to 2-9-29.   Repealed by SL 2013, ch 17, §§ 1 to 5.


     2-9-30.   Determination of fiscal impact and preparation of fiscal note for initiated measure or initiated constitutional amendment . If the director of the Legislative Research Council determines in the review and comment under § 12-13-25 that an initiated measure or initiated amendment to the Constitution may have an impact on revenues, expenditures, or fiscal liability of the state or its agencies and subdivisions, the director shall notify the petition sponsor. If the director of the Legislative Research Council determines that an initiated measure or initiated amendment to the Constitution in final form under § 12-13-25.1 may have an impact on revenues, expenditures, or fiscal liability of the state or its agencies and subdivisions, the director shall prepare a fiscal note. The fiscal note shall include an estimate of the impact on revenues, expenditures, or fiscal liability of the state or its agencies and subdivisions, by the provisions of the proposed initiated measure or initiated amendment to the Constitution. The fiscal note expenditure estimate shall also include any impact to the prison or county jail population. The fiscal note may not exceed fifty words. The director shall file the fiscal note with the secretary of state and shall provide a copy to the sponsors not more than sixty days following receipt of the initiated measure or initiated amendment in final form pursuant to § 12-13-25.1.

Source: SL 2017, ch 16, § 1; SL 2018, ch 80, § 2.


     2-9-30.1.   Initiated measure or initiated amendment to Constitution submitted before July 1, 2017. For any initiated measure or initiated amendment to the Constitution submitted to the director of the Legislative Research Council pursuant to § 12-13-25 prior to July 1, 2017, and certified by the secretary of state pursuant to § 2-1-17 for placement on the ballot during the general election of 2018, the secretary of state shall request a determination from the director under § 2-9-30. If the director of the Legislative Research Council makes a determination pursuant to § 2-9-30 that the initiated measure or initiated amendment to the Constitution has no impact, the director shall notify the sponsor and the secretary of state that the measure or amendment has no impact. If the director of the Legislative Research Council makes a determination pursuant to § 2-9-30 that the measure or amendment has an impact, the director shall prepare a fiscal note pursuant to § 2-9-31. The secretary of state shall include the fiscal note, if any, on the ballot pursuant to § 12-13-25.1.

Source: SL 2018, ch 27, § 1.


     2-9-31.   Repealed by SL 2018, ch 80, § 7.


     2-9-32.   Fiscal note for referred law. If any referred law had a fiscal note prepared by the director of the Legislative Research Council prior to passage of the law, the sponsor shall obtain the fiscal note from the Legislative Research Council website and attach the fiscal note to the petition filed pursuant to § 2-1-3.1. If the fiscal note exceeds fifty words, the sponsor shall request from the director of the Legislative Research Council a summary of the fiscal note that does not exceed fifty words and attach the fiscal note summary in lieu of the fiscal note to the petition filed pursuant to § 2-1-3.1. The director shall file the fiscal note summary with the sponsor within five days of receipt of the sponsor's request.

Source: SL 2017, ch 16, § 2.


     2-9-33.   Cost estimate for bill or amendment that may impact state prison or county jail population. A prison or jail population cost estimate shall be attached to any bill or amendment, except misdemeanor penalties, that may impact the state prison or county jail population. A prison or jail population cost estimate shall be prepared for a bill or amendment with a Class 1 misdemeanor penalty only upon a request authorized by the rules of the Legislature. The requirement for a cost estimate includes each bill or amendment that meets the penalty requirements of this section and that increases the period of imprisonment authorized for an existing crime, that adds a new crime for which imprisonment is authorized, that imposes a minimum or mandatory minimum term of imprisonment, or that modifies any law governing release of a prisoner from imprisonment or supervision.
     The sponsor of the legislation or amendment shall request and allow sufficient time to prepare a cost estimate from the Legislative Research Council. The cost estimate shall be completed for a bill or amendment before the bill or amendment is considered by any standing committee of the Legislature.

Source: SL 2013, ch 101, § 71; SL 2015, ch 15, § 1; SDCL § 2-1-19; SL 2017, ch 17, §§ 1, 3; SL 2018, ch 80, § 3.


     2-9-34.   Contents of cost estimate. A cost estimate pursuant to § 2-9-33 shall include:
             (1)      An analysis of the specific components that will impact the prison and jail population;
             (2)      The projected cost of the impact on the state prison system and the aggregate cost to county jails on an annual basis and cost over a ten year period; and
             (3)      Operational costs and capital costs including all manner of construction.

Source: SL 2013, ch 101, § 72; SL 2015, ch 15, § 2; SDCL § 2-1-20; SL 2017, ch 17, § 2.


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