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2-4-3 Superseded by § 3-8-2.1.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2-4-5 Repealed by SL 1973, ch 19, § 1.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2-4-11 Repealed by SL 1976, ch 158, § 12A-11.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.
2-4-1. Time and place of regular sessions.
The Legislature shall meet at the seat of government on the second Tuesday of January at noon.
Source: SDC 1939, § 55.0502; SL 1981, ch 15; SL 1983, ch 13, § 2.
2-4-1.1. Leave of absence from employment for legislative service--Restrictions on employee's right to serve in Legislature void.
An employer shall grant a temporary leave of absence without loss of job status or seniority resulting therefrom, to any employee who is a member of the Legislature in order that such employee may perform any official duty as a member of the Legislature. Such temporary leave of absence may be with or without pay within the discretion of the employer. Any agreement between an employer and an employee which, as a condition precedent to employment, promotion or benefit enhancement, restricts the employee's right to serve in the Legislature is void as a matter of public policy.
Source: SL 1974, ch 29; SL 1989, ch 24.
2-4-2. Salary and expense allowances of legislators.
The salary of each member of the Legislature is equal to one-fifth of the South Dakota median household income reported by the United States Census Current Population Survey, as ascertained and adjusted each year by the State Board of Finance to take effect on the first day of January of each year for every regular legislative session. In addition, each legislator shall receive:
(1) Reimbursement to be paid after the legislative session for actual mileage or its equivalent traveled to and from home not more than once each weekend or between days of recess during the regular legislative session, at the rate set pursuant to § 3-9-1;
(2) Expenses of one hundred twenty-three dollars per day for each day of a regular or special legislative session as prepaid reimbursement for living expenses, including meals and lodging, laundry, cleaning and pressing of clothing, and all other uncompensated expenses as defined in § 2-4-2.1 incident to the performance of legislative services, or at the amount fixed for the per diem allowance that is authorized by the United States Internal Revenue Service to be excluded from the gross income without itemization as of October first each year, whichever of the two is greater; and
(3) Five cents once each session for every mile of necessary travel in going to and returning from the place of meeting of the Legislature by the most usual route.
For each day's attendance at special sessions, each member, in addition to mileage and expenses, shall receive a per diem calculated by the director of the Legislative Research Council equal to the normal daily compensation for the regular session immediately preceding the special session.
Source: SL 1947, ch 241, § 5; SL 1957, ch 279, § 1; SDC Supp 1960, § 55.0503-1; SL 1965, ch 230, § 1; SL 1969, ch 207, § 1; SL 1970, ch 14, § 1; SL 1974, ch 23, § 1; SL 1976, ch 23; SL 1978, ch 24, § 7; SL 1981, ch 3, § 10; SL 1983, ch 2, § 11; SL 1988, ch 8, § 5A; SL 1997, ch 18, § 1; SL 1998, ch 10, § 1; SL 2000, ch 20, § 1; SL 2013, ch 15, § 1; SL 2018, ch 25, § 1; SL 2024, ch 20, § 6.
2-4-2.1. Items constituting uncompensated expenses of legislators.
The term, "uncompensated expenses," as used in this chapter, includes, but is not limited to, postage, stationery, printing, office supplies, telephone, incidental costs in the maintenance of a legislative office at home, subscriptions to publications, conference dues, and travel for attendance at meetings with constituents, and such other unreimbursed costs associated with legislative service.
Source: SL 1979, ch 13.
2-4-2.2. Compensation of legislators on committees, taking oath of office, or attending Governor's budget report.
The salary or per diem compensation for members of the Legislature serving on legislative committees, boards, or commissions, taking the oath of office, or attending the Governor's budget report required by § 4-7-9 if the report is given in person by the Governor, is equal to the rate set by subdivision 2-4-2(2).
Source: SL 2002, ch 18, § 4; SL 2015, ch 16, § 1.
2-4-2.3. Compensation of legislators prior to oath of office.
The speaker of the House of Representatives and the president pro tempore of the Senate may authorize the payment of a salary or per diem compensation to a person who has been elected or appointed to the House of Representatives or Senate, respectively, but has not yet received the oath of office, if the person is required to attend legislative committees, boards, or commissions, or attends the taking of the oath of office, or the Governor's budget report required by § 4-7-9 if the report is given in person by the Governor. The payment shall be equal to the rate set by subdivision 2-4-2(2).
Source: SL 2014, ch 12, § 1; SL 2015, ch 16, § 2.
2-4-3.1. Per diem of lieutenant governor for duties as board member.
If the lieutenant governor is not assigned sufficient duties to require full-time attention, then when carrying out the lieutenant governor's duties as a member of a board, committee, or commission established by the Legislature, the lieutenant governor may receive a per diem not to exceed seventy-five dollars per day or such amount as may be otherwise provided by law in the legislation establishing the board, committee, or commission. The per diem as authorized by this section may be paid for a maximum of sixty days in any calendar year.
Source: SL 1975, ch 25; SL 1985, ch 17, § 1; SL 1987, ch 8, § 3; SL 2023, ch 3, § 14.
2-4-4. Time of payment of salaries and allowances.
The salary of the Legislature and the lieutenant governor shall be payable in the same manner as for other state employees under the provisions of § 3-8-6, provided, however, that final payment shall be made on or before the last day of a legislative session. Mileage of the members of the Legislature and the lieutenant governor, for attendance upon regular and special sessions, shall be paid at the end of such session.
Source: SL 1951, ch 341, §§ 1 to 3; SL 1953, ch 401; SL 1955, ch 333; SL 1957, ch 377; SL 1959, ch 361; SDC Supp 1960, § 55.0503-2; SL 1965, ch 230, § 3; SL 1969, ch 207, § 3; SL 1973, ch 18, § 1.
2-4-5. Repealed by SL 1973, ch 19, § 1.
2-4-6. Preventing Legislature or members from meeting as felony.
Every person who intentionally, by force or fraud, prevents the Legislature of this state or either of the branches composing it, or any of the members thereof, from meeting or organizing, is guilty of a Class 4 felony.
Source: SDC 1939, § 13.1001; SL 1980, ch 24, § 16; SL 2006, ch 130, § 2.
2-4-7. Preventing legislator from attending or voting as misdemeanor.
Every person who intentionally, by intimidation or otherwise, prevents any member of the Legislature of this state from attending any session of the branch of which he is a member, or of any committee thereof, or from giving his vote upon any question which may come before such branch, or from performing any other official act, is guilty of a Class 2 misdemeanor.
Source: SDC 1939, § 13.1005; SL 1980, ch 24, § 17.
2-4-8. Compelling adjournment of Legislature as felony.
Every person who intentionally, by force or fraud, compels or attempts to compel the Legislature of this state, or either of the branches composing it, to adjourn or disperse, is guilty of a Class 4 felony.
Source: SDC 1939, § 13.1002; SL 1980, ch 24, § 18; SL 2006, ch 130, § 3.
2-4-9. Disturbance or disorderly conduct in Legislature as misdemeanor.
Every person who intentionally disturbs the Legislature of this state, or either of the branches composing it, while in session, or who commits any disorderly conduct in the immediate view and presence of either branch of the Legislature tending to interrupt its proceedings or impair the respect due to its authority, is guilty of a Class 2 misdemeanor.
Source: SDC 1939, § 13.1003; SL 1980, ch 24, § 19.
2-4-10. Compelling action or inaction by Legislature as felony.
Every person who intentionally, by force or fraud, compels or attempts to compel either branch of the Legislature of this state to pass, amend, or reject any bill or resolution, or to grant or refuse any petition, or to perform or omit to perform any other official act, is guilty of a Class 4 felony.
Source: SDC 1939, § 13.1004; SL 1980, ch 24, § 20; SL 2006, ch 130, § 4.
2-4-11, 2-4-12. Repealed by SL 1976, ch 158, § 12A-11.
2-4-13. Forfeiture of office by legislator convicted of violation--Disqualification from public office.
The conviction of a member of the Legislature of any crime defined in §§ 2-4-6 to 2-4-10, inclusive, involves as a consequence, in addition to the punishment prescribed therein, a forfeiture of his office and disqualifies him from ever thereafter holding any public office under this state.
Source: SDC 1939, § 13.1012; SL 1980, ch 26, § 16.
2-4-14. Contempt of Legislature--Punishment.
The Senate or the House of Representatives may punish, as a contempt, by imprisonment, a breach of its privileges or the privileges of its members; but only for one or more of the following offenses:
(1) Knowingly arresting a member or officer of the Senate or the House of Representatives, or procuring such member or officer to be arrested in violation of his privilege from arrest;
(2) Disorderly conduct in the immediate view of the Senate or the House of Representatives, and directly tending to interrupt its proceedings;
(3) Refusing to be examined as a witness either before the Senate or the House of Representatives, or a committee thereof, or before any person authorized to take testimony in legislative proceedings;
(4) Giving or offering a bribe to a member, or attempting, by menace or other corrupt means or device, directly or indirectly, to control or influence a member in giving his vote, or to prevent his giving the same;
but the term of imprisonment which the Senate or House of Representatives may impose for any contempt specified in this section shall not extend beyond the session of the Legislature.
Source: SDC 1939, § 55.0608.
