CHAPTER 1-7
GOVERNOR
1-7-1 Powers and duties of Governor.
1-7-1.1 Repealed.
1-7-1.2 Annual meeting with forest service representatives.
1-7-2 1-7-2. Repealed by SL 2015, ch 4, § 1.
1-7-3 Repealed by SL 1979, ch 10, § 2.
1-7-4 Powers and duties of acting Governor.
1-7-4.1 Succession to Governorship during vacancy in office of lieutenant governor.
1-7-5 Superseded by § 3-8-2.1.
1-7-5.1 Compensation of lieutenant governor for performance of duties assigned by Governor.
1-7-6 Repealed by SL 2003, ch 272, § 76.
1-7-7 Repealed by SL 1982, ch 16, § 3.
1-7-8 Authorization to allocate certain bonds exempt from federal income taxes.
1-7-9 Submission of nomination from Governor--Financial statement of nominee.
1-7-10 Private activity bond fees fund established.
1-7-11 Repealed by SL 2012, ch 1, §§ 1 to 5.
1-7-16 Use of state or federal armed forces to suppress riot or unlawful assembly.
1-7-17 Allocation and reallocation of volume, issuance authority, and other benefits to facilitate issuance of bonds and compliance with certain federal requirements.
1-7-18 Scope of allocation and reallocation authority.
1-7-19 Repealed by SL 2017, ch 1, § 3.
1-7-1. Powers and duties of Governor.
The Governor shall possess the powers and perform the duties entailed by the Constitution and by special provisions throughout this code and among others, but without limiting other prescriptions of the Governor's powers and duties, as follows:
(1) To supervise the official conduct of all executive and ministerial officers;
(2) To see that the laws of the state are faithfully and impartially executed;
(3) To make appointments and fill vacancies in the public offices as required by law;
(4) To be the sole official organ of communication between the government of this state and the government of any other state of the United States;
(5) To issue patents for land as required by law and prescribed by the provisions of this code;
(6) To offer rewards, not exceeding one thousand dollars each, payable out of the general fund, for the apprehension of any convict who has escaped from a state correctional facility or for any person who has committed or is charged with the commission of an offense punishable with imprisonment for life;
(7) To appoint a private secretary and to employ such clerks and stenographers as the Governor deems necessary for the proper discharge of official duties, each of whom shall serve during the pleasure of the Governor and receive such compensation as shall be provided by the Legislature;
(8) To have such other powers and must perform such other duties as are or may be devolved upon the Governor by law.
Source: SDC 1939, § 55.1101; SL 2023, ch 3, § 2; SL 2023, ch 82, § 1.
1-7-1.2. Annual meeting with forest service representatives.
The Governor or the Governor's designee shall conduct an annual meeting with representatives of the United States Forest Service to discuss forest service land management programs that affect agricultural productivity on leased forest service land.
Source: SL 1987, ch 9; SL 2023, ch 3, § 3.
1-7-3. Repealed by SL 1979, ch 10, § 2.
1-7-4. Powers and duties of acting Governor.
Every provision of this code relating to the powers and duties of the Governor, and to the acts and duties to be performed by others towards the Governor, extends to the person performing for the time being the duties of Governor.
Source: SDC 1939, § 55.1104; SL 2023, ch 3, § 4.
1-7-4.1. Succession to Governorship during vacancy in office of lieutenant governor.
If during a vacancy in the Office of Governor, the office of lieutenant governor shall become vacant through death, resignation, failure to qualify, conviction after impeachment, or permanent disability of the lieutenant governor, the following, in the order hereinafter enumerated, shall succeed to the office and powers of the Governor:
(1) Speaker of the House of Representatives;
(2) President pro-tem of the Senate;
(3) Speaker pro-tem of the House of Representatives
(4) Secretary of state;
(5) Attorney General;
(6) Auditor;
(7) Treasurer;
(8) Commissioner of School and Public Lands;
(9) Chair of the Public Utilities Commission; or
(10) Public Utilities Commissioners in order of seniority.
Source: SL 1973, ch 13, § 1; SL 2004, ch 7, § 1.
1-7-5.1. Compensation of lieutenant governor for performance of duties assigned by Governor.
For performing constitutional duties and duties assigned by the Governor, the lieutenant governor shall receive a salary to be determined by the Governor but not to exceed the amount appropriated by the Legislature and shall be reimbursed for actual expenses associated with public service. Such salary shall be in addition to the salary provided for in § 3-8-2.1. For purposes of this section, representing the Governor shall include, but not be limited to, investigating complaints of citizens regarding any administrative acts of administrative departments.
Source: SL 1978, ch 6, § 1; SL 1985, ch 4; SL 1987, ch 8, § 1.
1-7-6. Repealed by SL 2003, ch 272, § 76.
1-7-7. Repealed by SL 1982, ch 16, § 3.
1-7-8. Authorization to allocate certain bonds exempt from federal income taxes.
The Governor shall establish, by executive order, a procedure for the allocation of authority to issue bonds pursuant to any federal legislation which limits the amount of such bonds which may be issued in the State of South Dakota and bear interest exempt from federal income taxes and authorizes the state to establish an allocation procedure. This authority shall specifically include restrictions imposed by Section 103(n) of the Internal Revenue Code of 1954, as amended, and in the event of its passage, Section 145 of the Tax Reform Bill of 1985, H.R. 3838 and any other legislation which imposes similar limits. To the extent permitted by the federal legislation, this section shall override the allocation procedures established in the federal legislation.
Source: SL 1986, ch 12, §§ 1, 1A; SL 1989, ch 8, § 1.
1-7-9. Submission of nomination from Governor--Financial statement of nominee.
Any nomination from the governor, which is required by statute to be confirmed by the Senate, shall be submitted in such a manner as to inform the Senate as to the statutory conditions and requirements of the nomination and the qualifications of the nominee, including residence, occupation or profession, political affiliation, service on any other board or commission, experience and whether the nominee is a registered lobbyist. The nominee shall file a financial interest statement with the Senate which shall include any source of income which contributes either more than ten percent of, or more than two thousand dollars to, the gross income of the nominee or any member of his immediate family, or an enterprise in which such nominee or any member of his immediate family control more than ten percent of the capital or stock.
Source: SL 1987, ch 26.
1-7-10. Private activity bond fees fund established.
There is hereby established in the state treasury a private activity bond fees fund. Each year, the fees from the private activity bond fees fund shall be transferred to the South Dakota housing opportunity fund. All money in the fund shall be expended in accordance with Title 4 on warrants drawn by the state auditor on vouchers approved by the Governor.
Source: SL 1989, ch 8, § 2; SL 1990, ch 9; SL 2002, ch 11, § 1; SL 2018, ch 10, § 14.
1-7-11 to 1-7-15. Repealed by SL 2012, ch 1, §§ 1 to 5.
1-7-16. Use of state or federal armed forces to suppress riot or unlawful assembly.
The Governor, as commander-in-chief of the armed forces of the state, may call out armed forces to suppress any riot or unlawful assembly. If such armed forces are insufficient to suppress the riot or unlawful assembly, the Governor may apply to the military forces of the United States for a force sufficient to suppress such riot or unlawful assembly.
Source: SDC 1939 & Supp 1960, § 34.0204; SDCL, §§ 23-11-3, 23-11-4; SL 1976, ch 158, § 10-7; SDCL § 22-10-13; SL 2005, ch 120, § 351.
1-7-17. Allocation and reallocation of volume, issuance authority, and other benefits to facilitate issuance of bonds and compliance with certain federal requirements.
The Governor shall establish, by executive order, a procedure for the allocation or reallocation of volume or other bond issuance authority, and rights or other benefits associated thereto, in order to facilitate issuance of bonds pursuant to or in satisfaction of requirements under any federal law that limits the amount of such bonds which may be issued in the State of South Dakota in order that the bonds or the issuer of the bonds may qualify for subsidies or other benefits under, or to allow or otherwise facilitate compliance with requirements of, the Internal Revenue Code of 1986, as amended. This authority shall specifically include allocation or reallocation of volume or other bond issuance authority established under The American Recovery and Reinvestment Act of 2009 and any other legislation which creates or establishes other limitations or requirements to be satisfied in order to receive benefits or other subsidies, including interest rate rebates.
Source: SL 2010, ch 4, § 1, eff. Mar. 10, 2010.
1-7-18. Scope of allocation and reallocation authority.
The authority granted by § 1-7-17 only applies to volume or other issuance authority granted directly to the state by federal law or assigned, ceded, or given back to the state by municipalities, counties, or other political subdivisions pursuant to procedures established under the Internal Revenue Code of 1986, as amended, including The American Recovery and Reinvestment Act of 2009.
Source: SL 2010, ch 4, § 2, eff. Mar. 10, 2010.
