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.