12-13-26.1. Initiated amendment--Written certification by secretary of state--Resubmission.

Upon receiving a proposed initiated amendment to the Constitution, the secretary of state shall provide written certification to the sponsors, the attorney general, and the director of the Legislative Research Council that the initiated amendment embraces only one subject and is an amendment to the Constitution under S.D. Const., Art. XXIII, § 1. The secretary of state shall publish on the secretary of state's website notice of this certification not more than fifteen working days following receipt of the initiated amendment to the Constitution.

The secretary of state may not certify the initiated amendment to the Constitution if it embraces more than one subject in violation of S.D. Const., Art. XXIII, § 1. The secretary of state may not certify the initiated amendment to the Constitution if it is a revision under S.D. Const., Art. XXIII, § 2. If the secretary of state determines that the initiated amendment to the Constitution embraces more than one subject or is a revision, the secretary of state shall provide written notice to the sponsors explaining the reason the initiated amendment to the Constitution is not certified not more than fifteen working days following receipt of the initiated amendment to the Constitution. The sponsors may amend the initiated amendment to the Constitution in accordance with the secretary of state's explanation and resubmit the amended initiated amendment to the Constitution to the director of the Legislative Research Council for review under § 12-13-25.

Source: SL 2021, ch 64, § 3, eff. Mar. 18, 2021.