South Dakota 2023 Regular Session

South Dakota House Bill HB1140

Introduced
1/26/23  
Refer
1/26/23  
Report Pass
2/1/23  
Engrossed
2/6/23  
Refer
2/7/23  
Report Pass
2/27/23  
Enrolled
2/28/23  

Caption

Require the secretary of state to determine if a legislatively proposed constitutional amendment complies with the single subject requirement and is not a constitutional revision.

Impact

If enacted, HB 1140 would alter existing statutory processes, requiring the secretary of state to take an active role in assessing the compliance of proposed amendments with the legal standards set out in the South Dakota Constitution. In cases where a proposal is deemed to cover more than one subject or is designated as a revision, the bill outlines a clear procedure for notification to the sponsors and allows them to amend their proposals accordingly. This legislative shift is anticipated to foster a more orderly and transparent approach to constitutional amendments, which could improve public understanding and engagement with these significant modifications to state law.

Summary

House Bill 1140 is a legislative proposal aimed at enhancing the process by which constitutional amendments are evaluated in South Dakota. Specifically, the bill requires the secretary of state to ascertain whether proposed amendments conform to the single subject rule and whether they represent a revision of the Constitution. This procedural change is intended to streamline how amendments are proposed and certified, ensuring that each proposal focuses on a singular issue, thus preventing voter confusion and legislative overreach.

Sentiment

The sentiment surrounding HB 1140 has been largely favorable, particularly among legislators who argue that the bill provides necessary clarity and accountability in the amendment process. Supporters contend that by reinforcing the single subject requirement, the bill will protect the integrity of the Constitution and enhance voters' ability to make informed decisions. However, there are concerns expressed by some advocacy groups that this could inadvertently restrict citizens’ ability to propose multiple related amendments, potentially stifling democratic input and limiting legislative creativity.

Contention

Notable points of contention include the fear among opponents that this bill may unduly empower the secretary of state and restrict the legislative powers of sponsors wishing to address interconnected issues. Critics argue that requiring a single subject may not always reflect the realities of legislative matters, where multiple related issues often need to be addressed simultaneously. This tension highlights a broader debate about balancing efficiency and thoroughness in the legislative process, making HB 1140 a focal point for discussions around constitutional governance in South Dakota.

Companion Bills

No companion bills found.

Previously Filed As

SD SB92

Require that the director of the Legislative Research Council and the secretary of state review an initiated measure and determine if the measure embraces more than one subject.

SD HF1591

Legislative enactment single subject requirement strengthened, and constitutional amendment proposed.

SD SB91

Revise the requirements for a petition to initiate a measure or constitutional amendment or to refer a law.

SD SCR4007

Requiring each resolution adopted by the legislative assembly proposing a constitutional amendment and each initiative petition and measure proposing a constitutional amendment to be comprised of a single subject.

SD SF1453

Constitutional amendment strengthening the single subject requirement for legislative enactments

SD SCR4013

The process for approving initiated constitutional amendments, the requirement of a single subject for each petition and measure, the individuals able to circulate a petition, and the requirement that all ballot measures must be voted on at the primary and general election.

SD SB214

Constitutional amendment to repeal certain constitutionally dedicated and protected allocations and funds. (2/3-CA13s1(A))

SD H1127

Limiting Subject of Constitutional Amendments Proposed by Citizen Initiative

SD HJR5006

Proposing and submitting to the voters at the next general election amendments to the Constitution of the State of South Dakota, requiring an intervening general election before consideration of an initiated constitutional amendment or initiated measure having the same subject as a previously rejected initiated amendment or measure.

SD SJR504

Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, requiring a number of signatures on a petition to initiate a constitutional amendment be obtained from each county.

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