TITLE 2
LEGISLATURE AND STATUTES
Chapter
01 Initiative And Referendum
02 Legislative Districts
03 Emergency Interim Legislative Succession [Repealed]
04 Sessions Of Legislature
05 Legislative Officers And Employees
06 Legislative Committees And Investigations
07 Legislative Printing, Records And Journals
08 Legislative Fiscal Notes [Repealed]
09 Legislative Research Council
10 Revisor Of Statutes [Repealed]
11 Commission On Uniform Legislation
12 Lobbyists
13 Publication And Distribution Of Acts And Session Laws
14 Construction And Effect Of Statutes
15 Conventions For Amendment Of United States Constitution
16 Codes And Compilations
17 Constitutional Revision Commission [Obsolete]
CHAPTER 2-1
INITIATIVE AND REFERENDUM
2-1-1 Initiative petitions--Number of signatures required.
2-1-1.1 Initiated constitutional amendment--Petition--Finalization deadline--Contents--Signatures--Circulator handout--Circulation period.
2-1-1.2 Initiated measure--Petition--Finalization deadline--Contents--Signatures--Circulator handout--Circulation period.
2-1-1.3 Definitions.
2-1-1.4 Repealed.
2-1-1.5 Repealed.
2-1-1.6 Repealed.
2-1-1.7 Repealed.
2-1-1.8 Repealed.
2-1-1.9 Repealed.
2-1-2 Repealed by SL 2012, ch 18, §§ 4, 5.
2-1-2.2 Withdrawal of initiated constitutional amendment.
2-1-2.3 Withdrawal of initiated measure.
2-1-3 Referendum--Laws subject to petition--Form.
2-1-3.1 Referred law--Petition--Filing deadline--Contents--Signatures--Circulator handout.
2-1-3.2 Withdrawal of petition for referred law.
2-1-4 Repealed by SL 2012, ch 18, § 6.
2-1-5 Total vote used to determine number of signers required in petitions.
2-1-6 Persons qualified to sign petitions--False or unqualified signing as misdemeanor.
2-1-6.1 Repealed by SL 1989, ch 23, § 3.
2-1-6.2 Repealed by SL 2012, ch 18, § 7.
2-1-6.3 2-1-6.3. Repealed by SL 2009, ch 64, § 6, eff. July 1, 2010.
2-1-7 Petitions to be signed in person.
2-1-8 Repealed by SL 1990, ch 104, § 1.
2-1-9 Separate papers constituting single petition.
2-1-10 Verification of petition circulator--Violation.
2-1-11 Petitions liberally construed.
2-1-11.1 Initiated measure to embrace only one subject.
2-1-12 Effective date of measures approved by voters.
2-1-13 Repealed by SL 1989, ch 23, § 5.
2-1-14 Signatures secured contrary to law not to be counted.
2-1-15 Petition examined by secretary of state--Public record--Signature count--Random sample.
2-1-16 Signatures to be verified by random sampling--Methodology.
2-1-17 Certification of results of random sampling--Notification of petition sponsors.
2-1-17.1 Submission of affidavit challenging petition to secretary of state--Appeal.
2-1-18 Court challenge to petition.
2-1-18.1 Petition signature withdrawal--Written notification.
2-1-18.2 Petition signature withdrawal--Challenge required.
2-1-19 Transferred to §§ 2-9-33, 2-9-34 by SL 2017, ch 17, § 3.
2-1-21 Violations by petition sponsor or circulator--Four-year prohibition--Civil penalty.
CHAPTER 2-2
LEGISLATIVE DISTRICTS
2-2-1 2-2-1 to 2-2-8. Repealed by SL 1981, ch 14, § 10.
2-2-9 2-2-9. Transferred to § 2-2-20.1.
2-2-10 2-2-10 to 2-2-13. Repealed by SL 1981, ch 14, § 10.
2-2-14 2-2-14 to 2-2-22. Repealed by SL 1991 (1st SS) ch 1, § 9.
2-2-23 2-2-23 to 2-2-31. Repealed by SL 2001 (SS) ch 2, § 9.
2-2-32 2-2-32 to 2-2-40. Repealed by SL 2011 (SS), ch 1, § 12, eff. Jan. 23, 2012.
2-2-41 Legislative policy in redistricting.
2-2-42 Number of senators and senate districts.
2-2-43 Repealed.
2-2-43.1 Senatorial districts described.
2-2-44 Number of representatives and house districts.
2-2-45 Number of senators from each district.
2-2-46 Number of representatives from each district.
2-2-47 Repealed.
2-2-47.1 Single-member house districts--District No. 26.
2-2-48 Repealed.
2-2-48.1 Single-member house districts--District No. 28.
2-2-49 Ideal population of a senate and house district.
2-2-50 Voting district boundaries.
2-2-51 Attachment of omitted areas.
CHAPTER 2-4
SESSIONS OF LEGISLATURE
2-4-1 Time and place of regular sessions.
2-4-1.1 Leave of absence from employment for legislative service--Restrictions on employee's right to serve in Legislature void.
2-4-2 Salary and expense allowances of legislators.
2-4-2.1 Items constituting uncompensated expenses of legislators.
2-4-2.2 Compensation of legislators on committees, taking oath of office, or attending Governor's budget report.
2-4-2.3 Compensation of legislators prior to oath of office.
2-4-3 Superseded by § 3-8-2.1.
2-4-3.1 Per diem of lieutenant governor for duties as board member.
2-4-4 Time of payment of salaries and allowances.
2-4-5 Repealed by SL 1973, ch 19, § 1.
2-4-6 Preventing Legislature or members from meeting as felony.
2-4-7 Preventing legislator from attending or voting as misdemeanor.
2-4-8 Compelling adjournment of Legislature as felony.
2-4-9 Disturbance or disorderly conduct in Legislature as misdemeanor.
2-4-10 Compelling action or inaction by Legislature as felony.
2-4-11 Repealed by SL 1976, ch 158, § 12A-11.
2-4-13 Forfeiture of office by legislator convicted of violation--Disqualification from public office.
2-4-14 Contempt of Legislature--Punishment.
2-4-15 Contempt of Legislature as misdemeanor.
2-5-1
Repealed.
2-5-2
Elective officers of Senate.
2-5-3
Elective officers of house.
2-5-3.1
Tie vote for organizing House of Representatives.
2-5-4
Repealed.
2-5-5
Appointment of legislative employees by presiding officers.
2-5-6
Repealed.
2-5-7
Repealed.
2-5-8
Determination of amount of compensation of legislative employees.
2-5-9
Certification and payment of compensation to officers and employees.
2-5-10, 2-5-11. Repealed.
2-5-12
Repealed.
CHAPTER 2-6
LEGISLATIVE COMMITTEES AND INVESTIGATIONS
2-6-1 Administration of oaths by committee member.
2-6-2 Composition and appointment of Government Operations and Audit Committee--Duties and reports--Assistance.
2-6-3 Repealed by SL 1971, ch 23, § 2.
2-6-4 Investigative authority of Government Operations and Audit Committee--Subpoenas.
2-6-4.1 Report may be required where audit finding reoccurs--Contents of report.
2-6-4.2 Criteria for issuing subpoena.
2-6-5 Disobedience of legislative summons as misdemeanor.
2-6-6 Refusal to testify or produce evidence before Legislature as misdemeanor.
2-6-7 Forfeiture of office by legislator in violation--Disqualification from public office.
2-6-8 Retirement laws study committee created--Purpose.
2-6-9 Appointment and terms of Retirement Laws Committee members--Political affiliations.
2-6-10 Officers of Retirement Laws Committee--Staff assistance.
2-6-11 Study of retirement laws by committee--Emphasis.
2-6-12 Legislative drafts and recommendations by Retirement Laws Committee--Reports--Review of proposals.
2-6-13 Repealed by SL 1989, ch 27, § 1.
2-6-14 Joint Bonding Review Committee established--Agencies subject to review by joint committee.
2-6-15 Reports by bonding entities to joint committee--Contents--Other assistance.
2-6-16 Reports to joint committee on particular issues of bonds or notes--Contents.
2-6-17 Detailed accounting to committee on underlying security and investments.
2-6-18 Agency explanation to committee of programs and operations.
2-6-19 Water Development Oversight Committee created--Purpose.
2-6-20 State-Tribal Relations Committee created.
2-6-21 State-Tribal Relations Committee--Membership.
2-6-22 Committee heads--Staff assistance.
2-6-23 Responsibilities of State-Tribal Relations Committee.
2-6-24 2-6-24, 2-6-25. Repealed by SL 2015, ch 17, §§ 1, 2.
2-6-26 2-6-26 to 2-6-30. Repealed by SL 2017, ch 13, §§ 1 to 5.
2-6-31 2-6-31 to 2-6-34. Executed.
2-6-35 Government Operations and Audit Committee to implement performance management review process.
2-6-36 Performance management and state agency defined.
2-6-37 Performance management review--Schedule--Content--Uniform template.
2-6-38 Agency report highlighting performance measures showing progress toward desired outcomes.
2-6-39 Annual compiled report presented to legislators--Website.
2-6-40 2-6-40 to 2-6-43. Executed.
2-6-44 Repealed.
2-6-45 Repealed.
2-6-46 Repealed.
2-6-47 Repealed.
2-6-48 Repealed.
2-6-49 Repealed.
2-6-50 Repealed.
2-6-51 Repealed.
CHAPTER 2-7
LEGISLATIVE PRINTING, RECORDS AND JOURNALS
2-7-1 Compilation, printing, and distribution of legislative manual.
2-7-2 2-7-2. Repealed by SL 2010, ch 16, § 2.
2-7-3 Contents of legislative manual.
2-7-4 Prefiled bills--Persons authorized--Rules.
2-7-5 Prefiled bills--Numbering, printing, and disposition--Introduction.
2-7-6 Repealed.
2-7-6.1 Committee introduction of bills and resolutions.
2-7-7 Officers to keep legislative journals--Custody and disposition of bills and documents.
2-7-8 Repealed.
2-7-9 Repealed by omission from SL 1968, ch 201, § 3.
2-7-10 Permanent journals as official record of proceedings.
2-7-11 Index and distribution of journals.
2-7-12 Certified copies of journals as prima facie evidence of proceedings.
2-7-13 2-7-13. Repealed by SL 2011, ch 2, § 31.
2-7-14 Repealed.
2-7-15 Repealed by SL 1997, ch 19, § 3.
2-7-15.1 Repealed.
2-7-16 2-7-16. Transferred to § 22-12A-17 by SL 2005, ch 120, § 427, eff. July 1, 2006.
2-7-17 Certification and filing of printed bills and resolutions--Judicial notice.
2-7-18 Engrossment of bills and amendments.
2-7-19 Enrollment of bill after passage by both houses.
2-7-20 Presentation of bill to Governor--Filing with secretary of state--Photocopy to code counsel.
2-7-20.1 Certificate of conformity by Legislature in form and style.
2-7-20.2 Veto of bills passed before last four session days--Message to house of origin--Reconsideration--Filing with secretary of state.
2-7-20.3 Veto of bills too late for return to Legislature--Transmittal to secretary of state.
2-7-20.4 Bills becoming law without Governor's signature or objections.
2-7-21 2-7-21. Transferred to § 22-12A-18 by SL 2005, ch 120, § 427, eff. July 1, 2006.
2-7-22 Forfeiture of office on conviction of legislator--Disqualification from public office.
2-7-23 Repealed by SL 1996, ch 22, § 1.
2-7-24 Preservation of recordings of legislative session by South Dakota Public Broadcasting.
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 by SL 1985, ch 15, § 11.
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 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 2-9-17 to 2-9-19. Repealed by SL 2016, ch 28, §§ 2 to 5.
2-9-20 2-9-20 to 2-9-24. Repealed by SL 1978, ch 20, § 1.
2-9-25 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.
2-9-30.1 Initiated measure or initiated amendment to Constitution submitted before July 1, 2017.
2-9-31 2-9-31. Repealed by SL 2018, ch 80, § 7.
2-9-32 Fiscal note for referred law.
2-9-33 Repealed.
2-9-34 Repealed.
2-11-1
Composition of commission--Appointment and terms--Life members--Vacancies.
2-11-1.1
Repealed.
2-11-2
Meetings of commission--Chairman and secretary--Record of transactions.
2-11-3
Repealed.
2-11-4
Purpose of commission.
2-11-5
Subjects studied by commission--Recommendations for legislation.
2-11-6
Attendance at meetings of National Conference--Promotion of uniformity.
2-11-7
Repealed.
2-11-8
Commission reports to Legislature.
2-12-1
Names of lobbyists to be registered with secretary of state--Termination of
employment
.
2-12-2
Directory of lobbyists kept by secretary of state--Contents of entries--Open to
inspection.
2-12-3
Annual registration fee.
2-12-4
Authorization to act as lobbyist for employer.
2-12-5
Specific legislation to be shown in directory entries--Employment of unregistered
lobbyists prohibited.
2-12-6
Contingent compensation employment prohibited.
2-12-7
Repealed.
2-12-7.1
Employees of executive branch, a constitutional office, or the judicial system
representatives required to register as public employee lobbyists--Budgetary
testimony before appropriations committees excepted.
2-12-8
Lobbyists not to go on floor except by invitation--Violation as petty offense.
2-12-8.1
Badges required of lobbyists within capitol complex--Fees--Composition--Petty
offense.
2-12-8.2
Officials and personnel prohibited from lobbying within two years after termination
of service--Violation as misdemeanor.
2-12-9
Improper influence of legislation or legislators as misdemeanor.
2-12-10
Restrictions on activities of state and federal agents and employees
.
2-12-11
Expense reports filed with secretary of state_Open to public inspection--Administrative penalty for untimely report.
2-12-12
Repealed.
2-12-13
Elected board members of local government or federally recognized Indian tribe and
church representatives exempt
.
2-12-14
Right of citizens to appear and speak in their own interests not infringed.
2-12-15
Definition of terms in §§ 2-12-15 to 2-12-19.
2-12-16
Limitation on gifts from or through lobbyists--Violation as misdemeanor.
2-12-17
Public official defined.
2-12-18
Gift defined.
2-12-19
Index factor defined.
CHAPTER 2-13
PUBLICATION AND DISTRIBUTION OF ACTS AND SESSION LAWS
2-13-1 Advance copies to judicial officers of acts with emergency clause.
2-13-2 Session law publication--Authorities indexed.
2-13-3 2-13-3 to 2-13-4.1. Repealed by SL 1977, ch 24, § 13.
2-13-5 Labeling of session law bound volumes.
2-13-6 Repealed by SL 1977, ch 24, § 13.
2-13-7 Free distribution of session laws to state and federal agencies.
2-13-7.1 Repealed by SL 1977, ch 24, § 13.
2-13-8 Repealed by SL 1977, ch 24, § 13.
2-13-9 Repealed by SL 1988, ch 24, § 3.
2-13-10 Repealed by SL 1977, ch 24, § 13.
2-13-12 Exchange copies of session laws for Supreme Court, Legislative Research Council, and state library--Distribution to libraries.
2-13-13 2-13-13 to 2-13-15. Repealed by SL 1977, ch 24, § 13.
2-13-16 Sale or disposal of session laws.
2-13-17 Repealed by SL 1977, ch 24, § 13.
CHAPTER 2-14
CONSTRUCTION AND EFFECT OF STATUTES
2-14-1 Words used in ordinary sense.
2-14-2 Definition of terms used in code.
2-14-2.1 Definition of shall.
2-14-3 Printing not sufficient to seal note.
2-14-4 Application of statutory definitions.
2-14-5 Gender of words.
2-14-6 Singular and plural words.
2-14-7 Tense of verbs.
2-14-8 Punctuation not controlling.
2-14-9 Source notes, cross-references and titles not part of statute.
2-14-10 Source notes not a legislative expression.
2-14-11 Arrangement of laws in code.
2-14-12 Statutes in derogation of common law--Liberal construction.
2-14-13 Uniformity of interpretation of uniform laws.
2-14-14 Computation of time in statutes.
2-14-15 Majority exercising joint authority.
2-14-16 Effective date of legislative acts.
2-14-16.1 Two or more amendments of same section at same session--Reconciliation.
2-14-16.2 Two or more initiated measures or constitutional amendments approved at same election--Reconciliation.
2-14-17 Effect of repeal of act legalizing prior act.
2-14-18 Penalties and liabilities surviving repeal of act.
2-14-19 Revival not implied by repeal of repealer.
2-14-20 Omitted.
2-14-21 Code not retroactive.
2-14-22 Transferred to § 2-16-16.
2-14-23 Repeal of acts prior to code--Saving clauses.
2-14-24 Actions pending and rights accrued before code.
2-14-25 Limitation periods beginning before code.
2-14-26 Corporations organized before code.
2-14-27 Rights vested and obligations existing before code.
2-14-28 Public officers in office before code.
2-14-29 Subdivision boundaries existing before code.
2-14-30 Ordinances and regulations adopted before code.
2-14-31 Transfer of proceedings pending at time of code.
2-14-32 Chapter applied to Codified Laws and code.
2-15-1
Convention to be held when Congress proposes amendment to be ratified by
convention.
2-15-2
Apportionment of delegates to convention.
2-15-3
Election of delegates at next general election--Legislative election laws apply.
2-15-4
Nominating petitions for candidates--Number of signers required--Contents and
filing.
2-15-5
Certification of nominees to county auditors.
2-15-6
Printing of primary election ballots--Form.
2-15-7
Supply of primary ballots--Conduct of primary election.
2-15-8
Certification of successful candidates at primary--Printing of general election ballots--Form.
2-15-9
Conduct of general election--Canvass and certification of vote.
2-15-10
Slate voting at general election.
2-15-11
Time and place of holding convention.
2-15-12
Quorum of convention--Officers--Rules--Qualifications and election of members.
2-15-13
Compensation and mileage of convention delegates--Disbursements for convention
expenses.
2-15-14
Certification of convention results--Transmittal to United States.
2-15-15
Congressional rules for convention to govern.
2-15-16
Definitions.
2-15-17
Delegate vote to consider or approve unauthorized amendment prohibited--Recall.
2-15-18
Oath of candidate for delegate or alternate.
2-15-19
Certifications by secretary of state.
2-15-20
Civil fine for violation of oath.
2-15-21
Participation in conventions in which each state possesses one vote.
CHAPTER 2-16
CODES AND COMPILATIONS
2-16-1 2-16-1, 2-16-2. Omitted.
2-16-3 Code Commission established--Composition and appointment of members--Vacancies.
2-16-3.1 2-16-3.1 to 2-16-4.1. Executed.
2-16-4.2 Officers of commission--Meetings and hearings.
2-16-5 Compensation of commission members--Employment of personnel and incurring of expense.
2-16-5.1 Gifts and contributions to commission--Expenditure.
2-16-5.2 Assistance, space, and facilities for commission.
2-16-6 Supplements and reprinted volumes to be provided for--Contents.
2-16-7 Specifications, advertising and award of contract for publication.
2-16-7.1 Continuation of contract with publisher of code.
2-16-7.2 Advertising for bids for publications.
2-16-8 Copyrights of material--Contract for use of state's copyright.
2-16-8.1 Restriction on printing or distributing copyrighted material in code--Violation as misdemeanor.
2-16-9 Arrangement, correlation, and text changes in code.
2-16-9.1 Continuing authority of commission on assimilation of laws into code.
2-16-9.2 2-16-9.2. Repealed by SL 1988, ch 24, § 8.
2-16-10 2-16-10. Repealed by SL 1988, ch 24, § 9.
2-16-10.1 Additional powers of commission.
2-16-10.2 South Dakota Codified Laws provided to Legislature--Codified Laws and Administrative Rules provided to legislators.
2-16-10.3 Disposal of obsolete materials.
2-16-11 2-16-11. Repealed by SL 1970, ch 15, § 6.
2-16-12 Supplements and revised volumes official after publication--Prima facie evidence of law--Citation.
2-16-13 Publications constituting official code.
2-16-13.1 Editorial material and appendices excluded from official code.
2-16-14 Code as continuation of prior law.
2-16-15 Invalid laws not validated by codification.
2-16-16 Statutes enacted at latest legislative session prevail over code--Citation of codified laws.
2-16-17 Official copy of code of laws--Certification.
2-16-18 Citation of code.
2-16-19 Publication of code on computer media.
2-16-20 2-16-20 to 2-16-23. Transferred to §§ 2-6-20 to 2-6-23.
