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CHAPTER 2-7

LEGISLATIVE PRINTING, RECORDS AND JOURNALS

2-7-1      Compilation, printing, and distribution of legislative manual.
2-7-2      Repealed.
2-7-3      Contents of legislative manual.
2-7-4      Prefiling of bills and resolutions with Legislative Research Council--Rules for handling.
2-7-5      Numbering, printing and disposition of prefiled bills--Date of introduction.
2-7-6      Contract covering printing of prefiled bills and resolutions.
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      Time of delivery of daily legislative journals--Penalty for delay--Waiver.
2-7-9      Repealed.
2-7-10      Permanent journals as official record of proceedings.
2-7-11      Time of delivery of permanent journals--Distribution and price.
2-7-12      Certified copies of journals as prima facie evidence of proceedings.
2-7-13      Repealed.
2-7-14      Time allowed for printing of bills and resolutions.
2-7-15      Repealed.
2-7-15.1      Fees for copies of bills and journals--Mailing fees--Disposition.
2-7-16      Transferred.
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      Transferred.
2-7-22      Forfeiture of office on conviction of legislator--Disqualification from public office.
2-7-23      Repealed.
2-7-24      Preservation of recordings of legislative session by South Dakota Public Broadcasting.


     2-7-1.   Compilation, printing, and distribution of legislative manual. Each odd-numbered year, the secretary of state shall compile and print a legislative manual. The Bureau of Administration shall distribute the legislative manual free to state officials and agencies who request them and to the public at a price set by the commissioner of administration.

Source: SDC 1939, § 55.0901; SL 1964, ch 152; SL 1965, ch 231; SL 1977, ch 24, § 3; SL 1979, ch 14, § 1; SL 1981, ch 17, § 1.


     2-7-2.   Repealed by SL 2010, ch 16, §2.


     2-7-3.   Contents of legislative manual. The legislative manual compiled and printed in each odd-numbered year shall contain the following data:
             (1)      A current official directory of state government;
             (2)      A current list of county officers;
             (3)      A compilation of appropriations for state departments made at regular and special sessions during the two years immediately preceding;
             (4)      A county by county list of election results for all statewide contests and ballot questions for the last general and last primary elections;
             (5)      A brief biographical statement and picture of all current constitutional officers, legislators, public utility commissioners, supreme court justices, circuit court judges, and United States senators and members of congress;
             (6)      A listing of all past statewide elected officials;
             (7)      A brief South Dakota chronology;
             (8)      A brief statement and pictures regarding the South Dakota institutions;
             (9)      A brief statement and picture of the state seal and state emblems;
             (10)      The Constitution of South Dakota;
             (11)      Population of each county and each municipality;
             (12)      Names of gubernatorial appointees to boards and commissions; and
             (13)      A table of contents.

Source: SDC 1939, § 55.0901 as added by SL 1964, ch 152; SL 1965, ch 231; SL 1977, ch 24, § 5; SL 1985, ch 5, § 8; SL 2010, ch 16, § 1.


     2-7-4.   Prefiling of bills and resolutions with Legislative Research Council--Rules for handling. Any person who has been duly elected or appointed to serve during a regular session of the Legislature may file bills and resolutions with the State Legislative Research Council at any time within thirty days prior to the convening of such regular session. Notwithstanding the provisions of § 2-7-6.1, any interim committee of the Legislative Research Council may file bills and resolutions under the provisions of this section. The Executive Board of the State Legislative Research Council shall prescribe rules for the handling and placing in proper form of such bills and resolutions, subject to the provisions of §§ 2-7-4 to 2-7-6, inclusive.

Source: SL 1967, ch 273, § 1; SL 1969, ch 220, § 1; SL 1972, ch 13; SL 1984, ch 16, § 1.


     2-7-5.   Numbering, printing and disposition of prefiled bills--Date of introduction. The director of the Legislative Research Council shall, within the confines of such rules, receive such bills and resolutions, place them in proper form, assign them numbers for introduction in the proper house, and deliver copies to the printing contractor for presession printing. The director shall deliver the original and one copy of each bill and resolution to the secretary of the Senate or the chief clerk of the House of Representatives, as the case may be, on the day when the session convenes. However, the director may not deliver any prefiled bill or resolution until every sponsor of such bill or resolution has been duly sworn into office.
     Upon prefiling, such bills and resolutions become the property of the Legislature and may not thereafter be withdrawn. Prefiled bills and resolutions shall be considered as introduced on the day of their delivery to each house.

Source: SL 1967, ch 273, § 1; SL 1984, ch 16, § 2; SL 1997, ch 19, § 1.


     2-7-6.   Contract covering printing of prefiled bills and resolutions. The presession printing of all prefiled bills and resolutions shall be included in the general contract for the printing of bills and resolutions for the session for which such bills and resolutions are prefiled.

Source: SL 1967, ch 273, § 2; SL 1968, ch 214; SL 1969, ch 220, § 2.


     2-7-6.1.   Committee introduction of bills and resolutions. No bill or joint resolution may be introduced in either house of the Legislature by any committee thereof, except:
             (1)      A bill or a joint resolution introduced by any standing committee of either house;
             (2)      A bill or joint resolution referred to the Legislature from an interim committee of the State Legislative Research Council;
             (3)      A bill or joint resolution introduced at the request of the interim Rules Review Committee, the interim Government Operations and Audit Committee, the interim Retirement Laws Committee, the interim Joint Bonding Review Committee, and the interim State-Tribal Relations Committee by one or more committee members upon majority vote of the interim committee; or
             (4)      A bill or joint resolution introduced at the request of the Governor, an executive agency or of the chief justice of the Supreme Court.
     The committee shall obtain a written request for such introduction from either the council, the Governor, department head of an executive agency, a constitutional officer or board, or the chief justice and shall retain such request in its file. Committee bills introduced on behalf of a department head of an executive agency, a constitutional officer or board may be introduced by the chairman without a vote of the committee for purposes of prefiling. Nothing in this section prohibits one or more legislators from introduction of a bill or a joint resolution.

Source: SL 1969, ch 233; SL 1986, ch 24; SL 1989, ch 29; SL 2006, ch 13, § 1.


     2-7-7.   Officers to keep legislative journals--Custody and disposition of bills and documents. It shall be the duty of the secretary of the Senate and chief clerk of the House of Representatives to keep correct journals of the proceedings of the senate and house, respectively; to have the custody of all records, accounts, and other papers committed to them and at the close of each session of the Legislature to deposit for safekeeping in the Office of the Secretary of State all books, bills, documents, resolutions, and papers in the possession of the Legislature, correctly labeled, folded, and classified, and generally to perform such duties as shall be assigned them by the senate or house, respectively; provided, such journals shall be deposited within forty days after the adjournment of the Legislature.

Source: SDC 1939, §§ 55.0601, 55.0602; SL 1968, ch 201, § 3.


     2-7-8.   Time of delivery of daily legislative journals--Penalty for delay--Waiver. The contractor for printing and binding of the journals of the Legislature shall deliver the daily journals to the Legislature at least two hours before the convening of the Legislature on the following legislative day and, if he fails to do so, he is subject to a penalty of ten dollars per hour for each hour's delay to be deducted from any sum due him on the contract, or recovered from his performance bond in the event such deduction from contract cannot be made. The director of the Legislative Research Council may waive the penalty provisions of this section if failure to deliver the daily journals as required is due to circumstances which the director considers to be sufficiently extenuating.

Source: SDC 1939, § 55.0603; SL 1959, ch 286; SL 1976, ch 24, § 1; SL 1977, ch 24, § 6; SL 1985, ch 17, § 6.


     2-7-9.   Repealed by omission from SL 1968, ch 201, § 3.


     2-7-10.   Permanent journals as official record of proceedings. The corrected daily copies of the journal of the Senate and House of Representatives, together with the index thereof, shall constitute, and be the official permanent record of the legislative proceedings.

Source: SDC 1939, § 55.0602; SL 1968, ch 201, § 3.


     2-7-11.   Time of delivery of permanent journals--Distribution and price. The contractor for printing the journal indexes of the Legislature shall deliver them to the Legislative Research Council within ninety days after copy therefor has been furnished. The Legislative Research Council shall provide for the distribution of the journals. Price and distribution of the journal indexes shall be determined by a joint-select committee of the Legislature.

Source: SDC 1939, § 55.0902; SL 1977, ch 24, § 7; SL 1979, ch 14, § 2; SL 1985, ch 17, § 7.


     2-7-12.   Certified copies of journals as prima facie evidence of proceedings. Duly certified copies of such journals shall be received in all courts of the state as original evidence, and the volumes wherein the same are published by authority of the state, shall be prima facie evidence of such proceedings.

Source: SDC 1939, § 55.0602; SL 1968, ch 201, § 3.


     2-7-13.   Repealed by SL 2011, ch 2, § 31.


     2-7-14.   Time allowed for printing of bills and resolutions. The contractor for printing of the house and senate bills and joint resolutions of any kind shall deliver them, completed, to the Legislature within two days after receiving the copy.

Source: SDC 1939, § 55.0603; SL 1959, ch 286; SL 1985, ch 17, § 9.


     2-7-15.   Repealed by SL 1997, ch 19, § 3.


     2-7-15.1.   Fees for copies of bills and journals--Mailing fees--Disposition. The Executive Board of the Legislative Research Council may recover up to one-half of the printing costs of legislative bills and journals by establishing uniform fees for the distribution of legislative printed materials, to public agencies, lobbyists, and individuals. Fees for estimated mailing costs may also be charged for mailing printed materials. Fees collected shall be deposited in the state general fund.

Source: SL 1981, ch 16, § 2; SL 2017, ch 15, § 1.


     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. It shall be the duty of the secretary of the Senate and chief clerk of the House of Representatives to preserve one true copy of each printed bill, of each printed joint resolution, and of each printed concurrent resolution of each session of the Legislature; and to attach same together, to attach thereto, their signed certificate that they are true and complete copies of all the printed bills, joint resolutions, and concurrent resolutions of the certain session of the Legislature, and to file said copies so certified in the Office of the Secretary of State within ten days after adjournment of the session.
     All copies so certified and filed shall be subject to judicial notice in all courts of record.

Source: SDC 1939, § 55.0604.


     2-7-18.   Engrossment of bills and amendments. All bills, in either house of the Legislature, which have been favorably acted upon, preparatory to going upon the calendar shall be engrossed if amendments have been made thereto. Amendments to any bill made by either Senate or House of Representatives, after engrossment, shall likewise be engrossed.

Source: SDC 1939, § 55.0605; SL 1968, ch 201, § 4; SL 1985, ch 17, § 11.


     2-7-19.   Enrollment of bill after passage by both houses. A bill which has passed both houses of the Legislature shall at once be enrolled by the house in which it originated.

Source: SDC 1939, § 55.0606; SL 1953, ch 284; SL 1968, ch 201, § 9; SL 1979, ch 15, § 1; SL 1985, ch 17, § 12.


     2-7-20.   Presentation of bill to Governor--Filing with secretary of state--Photocopy to code counsel. The original copy of each enrolled bill shall be signed by the president of the Senate, secretary of the Senate, speaker of the House of Representatives, and chief clerk of the House of Representatives and presented to the Governor. If the Governor approves the bill, the Governor shall sign and transmit it to the secretary of state who shall deliver a photocopy of the signature page to the code counsel to be used in preparing copy for session laws. The secretary of state shall provide a permanent form of binder for the original enrolled bills and the bills vetoed with the veto message attached. The secretary of state shall also provide the code counsel with a photocopy of the signature page of each vetoed bill and the veto message.

Source: SDC 1939, § 55.0606; SL 1953, ch 284; SL 1968, ch 201, § 9; SL 1974, ch 24, § 1; SL 1979, ch 15, § 2; SL 1997, ch 19, § 2.


     2-7-20.1.   Certificate of conformity by Legislature in form and style. Whenever the Governor certifies, pursuant to paragraph four of section 4 of article IV of the Constitution, that the Legislature has conformed a bill to his recommendations, that certificate shall be typed and signed on the enrolled bill.

Source: SL 1974, ch 24, § 3; SL 1979, ch 15, § 3.


     2-7-20.2.   Veto of bills passed before last four session days--Message to house of origin--Reconsideration--Filing with secretary of state. Whenever the Governor vetoes any bill or any items of a bill which was presented to him five or more calendar days before an adjournment or a recess of the Legislature, he shall transmit his veto message with the original bill to the secretary of the Senate or chief clerk of the House of Representatives, whichever was the house of origin, on the date of his exercise of the power but no later than noon on the last legislative day prior to adjournment or recess. The officer of the house receiving the veto message shall certify on the original copy of the bill whether reconsideration was had and the vote on any reconsideration and shall transmit the bill and veto message to the secretary of state for filing when the time for reconsideration has passed.

Source: SL 1974, ch 24, § 4; SL 1979, ch 15, § 4.


     2-7-20.3.   Veto of bills too late for return to Legislature--Transmittal to secretary of state. Whenever the Governor vetoes a bill or any items of a bill which was presented to him during the final four days preceding an adjournment or a recess and it cannot be transmitted to the house of origin in session, he shall transmit the original bill and his veto message to the secretary of state within one day following his veto but no later than the sixteenth day following adjournment or recess.

Source: SL 1974, ch 24, § 5; SL 1979, ch 15, § 5.


     2-7-20.4.   Bills becoming law without Governor's signature or objections. Whenever the Governor fails to veto any bill which shall become law without his signature or the certificate referred to in § 2-7-20.1, he shall deliver it to the secretary of state who shall note, beneath the signature line provided for the Governor, that it was delivered by the Governor without his signature and without his objections. No communication relating to his reasons for not signing the bill shall be filed or recorded by the secretary of state.

Source: SL 1974, ch 24, § 2; SL 1979, ch 15, § 6.


     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. The conviction of a member of the Legislature of any crime defined in § 22-12A-17 or 22-12A-18 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.


     2-7-23.   Repealed by SL 1996, ch 22, § 1.


     2-7-24.   Preservation of recordings of legislative session by South Dakota Public Broadcasting. If any audio or visual recordings of the legislative session, floor debates, or committee hearings made by South Dakota Public Broadcasting are broadcast over the internet, radio, or television, such recordings shall be preserved by South Dakota Public Broadcasting for not less than three years.

Source: SL 2001, ch 19, § 1.


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