HB 1130 revise certain provisions that provide transparency and public...
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State of South Dakota
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NINETY-SECOND SESSION
LEGISLATIVE ASSEMBLY, 2017
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292Y0481
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SENATE STATE AFFAIRS
ENGROSSED NO. HB 1130 - 2/27/2017
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Introduced by: Representatives Haggar, Brunner, Gosch, McPherson, Peterson (Kent),
Peterson (Sue), Qualm, Rhoden, and Rounds and Senators Novstrup, Ewing,
Greenfield (Brock), Maher, and Wiik
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FOR AN ACT ENTITLED, An Act to revise certain provisions that provide transparency and
public comment for ballot measures and amendments to the Constitution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 2-1-1.2 be amended to read:
2-1-1.2. The petition as it is to be circulated for an initiated measure shall be filed with the
secretary of state prior to circulation for signatures and shall:
(1) Contain the full text of the initiated measure;
(2) Contain the date of the general election at which the initiated measure is to be
submitted;
(3) Contain the title and explanation as prepared by the attorney general;
(4) Be accompanied by a notarized affidavit form signed by each person who is a petition
sponsor that includes the name and address of each petition sponsor; and
(5) Be accompanied by a statement of organization as provided in § 12-27-6.
The secretary of state shall accept written comments from any person who is registered to
vote in South Dakota regarding the proposed initiated measure for a period of thirty days after
the petition is filed with the Office of the Secretary of State. The secretary of state shall publish
written comments received from any person who is registered to vote in South Dakota on the
secretary of state's website in accordance with standards that prohibit obscenity. Any person
who submits a written comment to the secretary of state shall include the registered voter's
name, address, city, and state.
The petition circulator shall provide to each person who signs the petition a form containing
the title and explanation of the initiated measure as prepared by the attorney general; the name,
phone number, and email address of each petition sponsor; and a statement whether the petition
circulator is a volunteer or paid petition circulator and, if a paid circulator, the amount the
circulator is being paid. The form shall be approved by the secretary of state prior to circulation.
For any initiated measure petition, no signature may be obtained more than twenty-four
months preceding the general election that was designated at the time of filing of the full text.
The initiated measure petition shall be filed with the secretary of state at least one year before
the next general election. A notarized affidavit form, signed by at least two-thirds of the petition
sponsors, stating that the documents filed constitute the entire petition and to the best of the
knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the
secretary of state. The form of the petition and affidavit shall be prescribed by the State Board
of Elections.
Section 2. That § 2-1-1.1 be amended to read:
2-1-1.1. The petition as it is to be circulated for an initiated constitutional amendment shall
be filed with the secretary of state prior to circulation for signatures and shall:
(1) Contain the full text of the initiated constitutional amendment;
(2) Contain the date of the general election at which the initiated constitutional
amendment is to be submitted;
(3) Contain the title and explanation as prepared by the attorney general;
(4) Be accompanied by a notarized affidavit form signed by each person who is a petition
sponsor that includes the name and address of each petition sponsor; and
(5) Be accompanied by a statement of organization as provided in § 12-27-6.
The secretary of state shall accept written comments from any person who is registered to
vote in South Dakota regarding the initiated constitutional amendment for a period of thirty days
after the petition is filed with the Office of the Secretary of State. The secretary of state shall
publish written comments received from any person who is registered to vote in South Dakota
on the secretary of state's website in accordance with standards that prohibit obscenity. Any
person who submits a written comment to the secretary of state shall include the registered
voter's name, address, city, and state.
The petition circulator shall provide to each person who signs the petition a form containing
the title and explanation of the initiated constitutional amendment as prepared by the attorney
general; the name, phone number, and email address of each petition sponsor; and a statement
whether the petition circulator is a volunteer or paid petition circulator and, if a paid circulator,
the amount the circulator is being paid. The form shall be approved by the secretary of state
prior to circulation.
For any initiated constitutional amendment petition, no signature may be obtained more than
twenty-four months preceding the general election that was designated at the time of filing of
the full text. The initiated constitutional amendment petition shall be filed with the secretary of
state at least one year before the next general election. A notarized affidavit form, signed by at
least two-thirds of the petition sponsors, stating that the documents filed constitute the entire
petition and to the best of the knowledge of the sponsors contains a sufficient number of
signatures shall also be filed with the secretary of state. The form of the petition and affidavit
shall be prescribed by the State Board of Elections.
Section 3. That § 2-9-4 be amended to read:
2-9-4. 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; and
(10) Conduct a public hearing to review the Legislative Research Council draft of each
initiated measure or initiated amendment to the constitution that is submitted to
appear on the ballot for the next general election. The Legislative Research Council
draft review hearing shall occur before any petition for an initiated measure or
initiated amendment to the constitution is circulated for signatures. The Legislative
Research Council shall present an overview of any written comments provided to the
sponsors of the initiated measure or initiated amendment to the constitution; and
(11) Conduct a public hearing to review any initiated measure or initiated amendment to
the constitution that will appear on the ballot for the next general election. The public
hearing to review shall occur not less than one hundred twenty days prior to the
general election on which the initiated measure or initiated amendment to the
constitution will appear on the ballot. The proponents and opponents of each initiated
measure or initiated amendment to the constitution may provide testimony during the
public hearing.
Section 4. That § 1-8-14 be amended to read:
1-8-14. The secretary of state may establish and maintain a secure and interactive website
where all documents required to be filed with or maintained by the Office of the Secretary
secretary of State state may be filed, processed, and obtained by interested parties. Any
document required to be filed with the Office of the Secretary secretary of State state may be
filed electronically. The secretary of state shall provide public notice on the secretary of state's
website of any initiated measure or initiated amendment to the constitution whose petition is
filed pursuant to § 2-1-1.2 or 2-1-3.1, including publication of the full text of the initiated
measure or initiated amendment to the constitution, any financial contribution made in support
of or against the initiated measure or initiated amendment to the constitution, and any written
comment received from any person who is registered to vote in South Dakota during the thirty-day public comment period.
