South Dakota 2023 Regular Session

South Dakota House Bill HB1152

Introduced
1/26/23  

Caption

Provide oversight regarding the exercise of gubernatorial emergency powers.

Impact

The bill outlines that emergency powers granted to the Governor can be exercised for up to thirty days initially and may require legislative concurrence for any extension beyond this period. This stipulation is designed to ensure that while the Governor can act swiftly in a crisis, there is a mechanism in place for the legislature to assess the necessity of continuing those powers. If the legislature is in session, they can formally review the request, while notifications and approvals can also occur when the legislature is not in session.

Summary

House Bill 1152 is introduced in South Dakota to provide oversight regarding the exercise of gubernatorial emergency powers. This bill amends existing law concerning the powers of the Governor during emergencies such as disasters, wars, or acts of terrorism. The primary intent is to establish a framework that not only retains significant emergency powers for the Governor but also ensures this authority is subject to legislative oversight. This structure aims to balance immediate executive action during emergencies with accountability to the legislative body.

Contention

While some legislators argue that HB 1152 enhances the efficiency of disaster response by empowering the Governor, others raise concerns regarding potential overreach. Critics fear that such concentrated power in the hands of one individual may lead to diminished checks and balances, questioning if the urgency of emergencies justifies the potential loss of legislative oversight. Expectations for accountability and transparency in emergency management are central points of contention, as stakeholders emphasize the need for governmental actions to remain scrutinized during times of crisis.

Companion Bills

No companion bills found.

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