FOR AN ACT ENTITLED, An Act to restructure the South Dakota Weed and Pest Control Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 38-22-1.5 be amended to read as follows:
    38-22-1.5. The South Dakota Weed and Pest Control Commission shall consist consists of the following members: the secretary of agriculture or a designee, and the dean of the college of agriculture and biological sciences of South Dakota State University or a designee who shall serve as nonvoting members, the secretary of transportation or a designee, the secretary of game, fish and parks or a designee, the commissioner of school and public lands or a designee, a member of the South Dakota Association of County Commissions, the president of the South Dakota County Association of Weed and Pest Boards or a designee, the president of the South Dakota Association of Weed and Pest Supervisors or a designee Commissioners to be appointed by that association, and six five members appointed by the Governor as provided in § 38-22-1.6.
    Section 2. That § 38-22-1.6 be amended to read as follows:
    38-22-1.6. The six five members of the South Dakota Weed and Pest Control Commission

appointed by the Governor shall be selected from a list of nominees presented by the State Association of County Weed and Pest Boards, who shall submit at least three names for each appointment. One member from District I shall reside within the counties of Beadle, Brookings, Brown, Clark, Codington, Day, Deuel, Edmunds, Faulk, Grant, Hamlin, Hand, Hyde, Kingsbury, Marshall, or McPherson, Roberts, or Spink; one member from District II shall reside within the counties of Aurora, Bon Homme, Brookings Brule, Buffalo, Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, Kingsbury Jerauld, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, or Yankton; one member from District III shall reside within the counties of Bennett, Custer, Fall River Campbell, Corson, Dewey, Gregory, Haakon, Hughes, Jackson, Jones, Lyman, Mellette, Pennington, Shannon, or Potter, Stanley, Sully, Todd, Tripp, Walworth, or Ziebach; one member shall reside within the counties of Aurora, Brule, Buffalo, Charles Mix, Davison, Douglas, Gregory, Hanson, Jerauld, Sanborn, or Tripp; one member shall reside within the counties of Beadle, Campbell, Edmunds, Faulk, Hand, Hughes, Hyde, McPherson, Potter, Spink, Stanley, Sully, or Walworth; and one member from District IV shall reside within the counties of Butte, Corson, Dewey Custer, Fall River, Harding, Lawrence, Meade, Pennington, Perkins, or Ziebach Shannon; and one additional South Dakota resident shall be appointed by the Governor to serve as an at-large member of the commission selected from a list of names representing one individual from each district. The term of each member appointed pursuant to this section shall be three years for no more than two consecutive four-year terms with the exception of the initial appointments which shall be made as follows: two members for a three-year term, two members for a two-year term and two members for a one-year term. The Governor shall designate the length of terms for the initial appointments as authorized in this section District I for a one-year term, District II for a two-year term, District III for a three-year term, and District IV for a four-year term. As the term of

any gubernatorial member expires, a new member shall be appointed from the district for a period of three four years. In the event of If a vacancy occurring occurs in any of the terms, the Governor may appoint a successor in the manner described in this section to complete the term.
    Section 3. The terms of the appointed members of the South Dakota Weed and Pest Control Commission in office on July 1, 2010, continue until January 1, 2011, at which time their terms end. The Governor shall appoint five members pursuant to section 2 of this Act. Terms for those members shall begin on January 1, 2011. The appointments may include former or currently serving commission members. No term previous to the reformulation of the commission pursuant to this Act may be considered in regard to term limitations.