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South Dakota House Bill HB1216

South Dakota 2025 Regular Session

South Dakota House Bill HB1216 Compare Versions

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1-25.653.11 100th Legislative Session 1216
1+25.653.10 100th Legislative Session 1216
22
33
44 2025 South Dakota Legislature
55 House Bill 1216
6-ENROLLED
7-
8-AN ACT
9-
10-
11-ENTITLED An Act to modify and repeal provisions related to the Legislative Research
12-Council.
13-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
14-Section 1. That § 2-7-7 be AMENDED:
15-2-7-7. The secretary of the Senate and chief clerk of the House of Representatives
16-shall:
17-(1) Keep correct journals of the proceedings of the Senate and House of
18-Representatives, respectively;
19-(2) Have custody of all records, accounts, and other papers committed to them;
20-(3) At the close of each session of the Legislature, deposit for safekeeping with the
21-secretary of state all books, bills, documents, resolutions, and papers in the
22-possession of the Legislature, correctly labeled, folded, and classified;
23-(4) Deposit the Senate and House of Representatives journals, respectively, with the
24-secretary of state within forty days after the adjournment of the Legislature; and
25-(5) Perform duties as assigned by the Senate or House of Representatives,
26-respectively.
27-Section 2. That § 2-9-1 be AMENDED:
28-2-9-1. The Legislative Research Council shall continue and shall consist of all
29-members of the South Dakota Legislature. The Legislative Research Council may consider
30-legislative policies between sessions of the Legislature.
31-Section 3. That § 2-9-2 be AMENDED:
32-2-9-2. There is established the Executive Board of the Legislative Research
33-Council, consisting of fifteen members, as follows: 25.653.11 2 1216
34-HB1216 ENROLLED
35-(1) Four members from the Senate, elected by a majority vote in party caucus in odd-
36-numbered years;
37-(2) Five members from the House of Representatives, elected by a majority vote in
38-party caucus in odd-numbered years;
39-(3) The president pro tempore, majority leader, and minority leader of the Senate;
40-and
41-(4) The speaker, majority leader, and minority leader of the House of Representatives.
42-The number of Senate and House of Representatives members on the executive
43-board must remain constant, and any vacancy must be filled by the respective legislative
44-bodies in party caucus. If a vacancy occurs in the ex officio position on the board for the
45-president pro tempore, the vacancy on the board must be filled by the majority party
46-caucus until the Senate elects a new president pro tempore. If a vacancy occurs in the ex
47-officio position on the board for the speaker, the vacancy on the board must be filled by
48-the speaker pro tempore until the House of Representatives elects a new speaker. No
49-board member, excepting ex officio, may serve more than three successive terms.
50-Section 4. That § 2-9-4 be AMENDED:
51-2-9-4. The executive board shall:
52-(1) Instigate research and collect information concerning the government and general
53-welfare of the state;
54-(2) Investigate and make recommendations concerning important issues of public
55-policy and questions of statewide interest;
56-(3) Prepare a legislative program in the form of bills, or otherwise, as in its opinion the
57-welfare of the state may require, to be presented to the Legislature;
58-(4) Cooperate with the administration in devising means of enforcing the law;
59-(5) Study, inquire, make recommendations, and propose bills in any phase or branch
60-of state government so deemed advisable and necessary;
61-(6) Appoint and name committees from the members of the Legislative Research
62-Council, and assign to the committees appropriate subjects and projects of
63-whatever character and nature the executive board deems advisable. Each member
64-of the council is entitled to membership on one study committee of the member's
65-choice insofar as practicable;
66-(7) Conduct legislative oversight and management analysis of the executive branch of
67-government by means of a selective program of performance auditing and 25.653.11 3 1216
68-HB1216 ENROLLED
69-cooperate with the administration in improving the efficiency and effectiveness of
70-administrative methods;
71-(8) Review and make recommendations for further legislative action regarding the
72-opinions of state and federal courts which have sought to interpret the intent of
73-South Dakota legislative acts; and
74-(9) Allocate funds to the House of Representatives and the Senate to pay for out-of-
75-state travel and salary or per diem costs incurred by members, and to pay for in-
76-state travel and salary or per diem costs incurred by members, excluding costs
77-associated with any legislative session.
78-The Legislative Research Council shall make payments to representatives for costs
79-and travel approved by the speaker of the House of Representatives, from the funds
80-allocated to the House of Representatives, and shall make payments to senators for costs
81-and travel approved by the president pro tempore of the Senate, from the funds allocated
82-to the Senate. Any payment decision of the speaker of the House of Representatives may
83-be appealed to the members of the executive board from the House of Representative s.
84-Any payment decision of the president pro tempore of the Senate may be appealed to the
85-members of the executive board from the Senate. No funds may be paid beyond the
86-amounts allocated to each body.
87-Section 5. That § 2-9-7 be AMENDED:
88-2-9-7. Claims of members of the Legislative Research Council and members of the
89-executive board for compensation and expenses must be paid out of funds appropriated
90-therefor, and on vouchers approved according to rules determined by the executive board.
91-Section 6. That § 2-9-9 be AMENDED:
92-2-9-9. There is hereby established within the Legislative Research Council the
93-position of code counsel. The executive board shall appoint a code counsel who is a
94-graduate of an accredited law school and who is either admitted to the practice of law in
95-this state at the time of appointment or is eligible to and becomes admitted within one
96-year after appointment.
97-Section 7. That § 2-9-10 be AMENDED:
98-2-9-10. The code counsel must be provided with offices within or adjacent to the
99-office of the Legislative Research Council. 25.653.11 4 1216
100-HB1216 ENROLLED
101-Section 8. That § 2-9-13.1 be AMENDED:
102-2-9-13.1. The executive board shall assign college student interns to the
103-legislative branch of government. The executive board shall set the number of interns and
104-divide the total number of interns between the political parties in each chamber in
105-proportion to the party membership in each chamber as nearly as is practicable. The
106-minority party in each house shall have a minimum of three interns.
107-Section 9. That § 2-9-14 be AMENDED:
108-2-9-14. The executive board shall administer the program and supervise the
109-college student interns who are assigned to the legislative branch of government.
110-Section 10. That § 2-16-5.2 be AMENDED:
111-2-16-5.2. The director of the Legislative Research Council and the code counsel
112-shall assist the Code Commission within the limitations as it may prescribe and to provide
113-space for its supplies and to make available the facilities of the council for its meetings.
114-The director shall also supervise the secretarial functions of the commission and otherwise
115-assist it to the extent feasible.
116-Section 11. That § 3-9-5 be AMENDED:
117-3-9-5. Members of the Legislature, and officers of the Legislature who are not
118-members, may incur traveling and personal expenditures outside the boundaries of this
119-state by and with the consent of the speaker of the House of Representatives and the
120-president pro tempore of the Senate when the Legislature is in session, and, when the
121-Legislature is not in session, by and with the written consent of the Executive Board of the
122-Legislative Research Council.
123-Section 12. That § 3-9-5.1 be AMENDED:
124-3-9-5.1. Officers and employees of the Department of Legislative Audit and the
125-Legislative Research Council may incur traveling and personal expenditures outside the
126-boundaries of this state by and with the written consent of the chair of the Executive Board
127-of the Legislative Research Council.
128-Section 13. That § 4-2-8 be AMENDED: 25.653.11 5 1216
129-HB1216 ENROLLED
130-4-2-8. The Executive Board of the Legislative Research Council is empowered to
131-act on behalf of the Legislature in directing the activities of the auditor-general.
132-Section 14. That § 2-9-7.1 be REPEALED.
133-Section 15. That § 2-9-30.1 be REPEALED. 25.653.11 6 1216
134-HB1216 ENROLLED
135-An Act to modify and repeal provisions related to the Legislative Research Council.
136-
137-
138-
139-
140-I certify that the attached Act originated in
141-the:
142-
143-House as Bill No. 1216
144-
145-
146-
147-Chief Clerk
148-
149-
150-
151-
152-Speaker of the House
153-
154-Attest:
155-
156-
157-
158-
159-Chief Clerk
160-
161-
162-
163-
164-President of the Senate
165-
166-Attest:
6+HOUSE STATE AFFAIRS ENGROSSED
1677
1688
1699
17010
17111
172-Secretary of the Senate
12+Introduced by: Representative Halverson
17313
174-
175-
176-House Bill No. 1216
177-File No. ____
178-Chapter No. ______
179-
180-
181-
182-Received at this Executive Office
183-this _____ day of _____________,
184-
185-2025 at ____________M.
186-
187-
188-
189-By
190-for the Governor
191-
192-
193-The attached Act is hereby
194-approved this ________ day of
195-______________, A.D., 2025
196-
197-
198-
199-
200-
201-Governor
202-
203-STATE OF SOUTH DAKOTA ,
204-ss.
205-Office of the Secretary of State
206-
207-
208-Filed ____________, 2025
209- at _________ o'clock __M.
210-
211-
212-
213-
214-
215-Secretary of State
216-
217-
218-
219-By
220-Asst. Secretary of State
221-
222-
14+ Underscores indicate new language.
15+ Overstrikes indicate deleted language.
16+An Act to modify and repeal provisions related to the Legislative Research Council. 1
17+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
18+Section 1. That § 2-7-7 be AMENDED: 3
19+2-7-7. It shall be the duty of the The secretary of the Senate and chief clerk of the 4
20+House of Representatives to keep shall: 5
21+(1) Keep correct journals of the proceedings of the senate and house Senate and House 6
22+of Representatives, respectively; to have the 7
23+(2) Have custody of all records, accounts, and other papers committed to them and 8
24+at; 9
25+(3) At the close of each session of the Legislature to, deposit for safekeeping in the 10
26+Office of with the Secretary of State secretary of state all books, bills, documents, 11
27+resolutions, and papers in the possession of the Legislature, correctly labeled, 12
28+folded, and classified, and generally to perform such; 13
29+(4) Deposit the Senate and House of Representatives journals, respectively, with the 14
30+secretary of state within forty days after the adjournment of the Legislature; and 15
31+(5) Perform duties as shall be assigned them by the senate or house Senate or House 16
32+of Representatives, respectively; provided, such journals shall be deposited within 17
33+forty days after the adjournment of the Legislature. 18
34+Section 2. That § 2-9-1 be AMENDED: 19
35+2-9-1. The State Legislative Research Council shall continue and shall consist of 20
36+all of the members of the South Dakota Legislature. It shall be the function of the The 21
37+Legislative Research Council to may consider legislative policies between sessions of the 22
38+Legislature and carry out the duties imposed by this chapter. 23
39+Section 3. That § 2-9-2 be AMENDED: 24 25.653.10 2 1216
40+ Underscores indicate new language.
41+ Overstrikes indicate deleted language.
42+2-9-2. TheThere is established the Executive Board of the Legislative Research 1
43+Council shall have an executive board, to be known as the Executive Board of the 2
44+Legislative Research Council, which shall consist consisting of fifteen members, as 3
45+follows:four 4
46+(1) Four members from the Senate and five, elected by a majority vote in party caucus 5
47+in odd-numbered years; 6
48+(2) Five members from the House of Representatives, to be elected by a majority vote 7
49+by their respective legislative bodies in party caucus before each regular session 8
50+of the Legislature held in odd-numbered years, and ex officio the; 9
51+(3) The president pro tempore, majority leader, and minority leader of the Senate ; 10
52+and the 11
53+(4) The speaker, majority leader, and minority leader of the House of Representatives 12
54+elected in such regular session. 13
55+The number of senate and house Senate and House of Representatives members 14
56+on the executive board shall must remain constant, and any vacancy occurring shall must 15
57+be filled by the respective legislative bodies in party caucus. If a vacancy occurs in the ex 16
58+officio position on the board for the president pro tempore, the vacancy on the board shall 17
59+must be filled by the majority party caucus until the Senate elects a new president pro 18
60+tempore. If a vacancy occurs in the ex officio position on the board for the speaker, the 19
61+vacancy on the board shall must be filled by the speaker pro tempore until the House of 20
62+Representatives elects a new speaker. No board member, excepting ex officio, may serve 21
63+more than three successive terms. 22
64+Section 4. That § 2-9-4 be AMENDED: 23
65+2-9-4. The executive board shall: 24
66+(1) Instigate research and collect information concerning the government and general 25
67+welfare of the state; 26
68+(2) Investigate and make recommendations concerning important issues of public 27
69+policy and questions of statewide interest; 28
70+(3) Prepare a legislative program in the form of bills, or otherwise, as in its opinion the 29
71+welfare of the state may require, to be presented to the Legislature; 30
72+(4) Cooperate with the administration in devising means of enforcing the law; 31
73+(5) Study, inquire, make recommendations , and propose bills in any phase or branch 32
74+of state government so deemed advisable and necessary; 33 25.653.10 3 1216
75+ Underscores indicate new language.
76+ Overstrikes indicate deleted language.
77+(6) Appoint and name committees from the members of the State Legislative Research 1
78+Council, and assign to such committee or the committees appropriate subjects and 2
79+projects of whatever character and nature the executive board deems advisable. 3
80+Each member of the council is entitled to membership on one study committee of 4
81+the member's choice insofar as practicable; 5
82+(7) Conduct legislative oversight and management analysis of the executive branch of 6
83+government by means of a selective program of performance auditing and 7
84+cooperate with the administration in improving the efficiency and effectiveness of 8
85+administrative methods; 9
86+(8) Review and make recommendations for further legislative action regarding the 10
87+opinions of state and federal courts which have sought to interpret the intent of 11
88+South Dakota legislative acts; and 12
89+(9) Allocate funds to the House of Representatives and the Senate to pay for out-of-13
90+state travel and salary or per diem costs incurred by members, and to pay for in-14
91+state travel and salary or per diem costs incurred by members, excluding costs 15
92+associated with any legislative session. 16
93+The Legislative Research Council shall make payments to representatives for costs 17
94+and travel approved by the speaker of the House of Representatives, from the funds 18
95+allocated to the House of Representatives, and shall make payments to senators for costs 19
96+and travel approved by the president pro tempore of the Senate, from the funds allocated 20
97+to the Senate. Any payment decision of the speaker of the House of Representatives may 21
98+be appealed to the members of the executive board from the House of Representatives. 22
99+Any payment decision of the president pro tempore of the Senate may be appealed to the 23
100+members of the executive board from the Senate. No funds may be paid beyond the 24
101+amounts allocated to each body. 25
102+Section 5. That § 2-9-7 be AMENDED: 26
103+2-9-7. Claims of members of the State Legislative Research Council and members 27
104+of the executive board for compensation and expenses shall must be paid out of funds 28
105+appropriated therefor, and on vouchers approved according to rules determined by the 29
106+executive board. 30
107+Section 6. That § 2-9-9 be AMENDED: 31
108+2-9-9. There is hereby established within the Office of the State Legislative 32
109+Research Council the position of code counsel. The executive board of the council shall 33 25.653.10 4 1216
110+ Underscores indicate new language.
111+ Overstrikes indicate deleted language.
112+appoint a code counsel who is a graduate of an accredited law school and who is either 1
113+admitted to the practice of law in the State of South Dakota this state at the time of such 2
114+employment appointment or is eligible to and becomes so admitted within one year after 3
115+such employment appointment. 4
116+Section 7. That § 2-9-10 be AMENDED: 5
117+2-9-10. The code counsel shall must be provided with offices within or adjacent or 6
118+as near as may be to the office of the State Legislative Research Council. 7
119+Section 8. That § 2-9-13.1 be AMENDED: 8
120+2-9-13.1. The Executive Board of the Legislative Research Council executive board 9
121+shall assign college student interns to the legislative branch of government. The Executive 10
122+Board executive board shall set the number of interns and divide the total number of 11
123+interns between the political parties in each chamber in proportion to the party 12
124+membership in each chamber as nearly as is practicable. The minority party in each house 13
125+shall have a minimum of three interns. 14
126+Section 9. That § 2-9-14 be AMENDED: 15
127+2-9-14. The Executive Board of the Legislative Research Council executive board 16
128+shall administer the program and supervise the college student interns who are assigned 17
129+to the legislative branch of state government. 18
130+Section 10. That § 2-16-5.2 be AMENDED: 19
131+2-16-5.2. The director of the State Legislative Research Council and the code 20
132+counsel are hereby charged with the duty of assisting shall assist the Code Commission 21
133+within such the limitations as it may prescribe and to provide space for its supplies and to 22
134+make available the facilities of the council for its meetings. The director shall also supervise 23
135+the secretarial functions of the commission and otherwise assist it to the extent feasible. 24
136+Section 11. That § 3-9-5 be AMENDED: 25
137+3-9-5. Members of the Legislature, and officers of the Legislature who are not 26
138+members, may incur traveling and personal expenditures outside the boundaries of this 27
139+state by and with the consent of the speaker of the House of Representatives and the 28
140+president pro tempore of the Senate when the Legislature is in session, and, when the 29 25.653.10 5 1216
141+ Underscores indicate new language.
142+ Overstrikes indicate deleted language.
143+Legislature is not in session, by and with the written consent of the Executive Board of the 1
144+State Legislative Research Council. 2
145+Section 12. That § 3-9-5.1 be AMENDED: 3
146+3-9-5.1. Officers and employees of the Department of Legislative Audit and the 4
147+State Legislative Research Council may incur traveling and personal expenditures outside 5
148+the boundaries of this state by and with the written consent of the chairman chair of the 6
149+Executive Board of the State Legislative Research Council. 7
150+Section 13. That § 4-2-8 be AMENDED: 8
151+4-2-8. The Executive Board of the State Legislative Research Council is hereby 9
152+empowered to act on behalf of the Legislature in directing the activities of the 10
153+auditor-general. 11
154+Section 14. That § 2-9-7.1 be REPEALED. 12
155+The Executive Board of the Legislative Research Council may establish charges 13
156+based on actual costs for printing statutes from the computerized statutory data base. 14
157+This authority does not include charging for copies of proposed rules. Receipts shall be 15
158+deposited in the state general fund. 16
159+Section 15. That § 2-9-30.1 be REPEALED. 17
160+For any initiated measure or initiated amendment to the Constitution submitted to 18
161+the director of the Legislative Research Council pursuant to § 12-13-25 prior to July 1, 19
162+2017, and certified by the secretary of state pursuant to § 2-1-17 for placement on the 20
163+ballot during the general election of 2018, the secretary of state shall request a 21
164+determination from the director under § 2-9-30. If the director of the Legislative Research 22
165+Council makes a determination pursuant to § 2-9-30 that the initiated measure or initiated 23
166+amendment to the Constitution has no impact, the director shall notify the sponsor and 24
167+the secretary of state that the measure or amendment has no impact. If the director of 25
168+the Legislative Research Council makes a determination pursuant to § 2-9-30 that the 26
169+measure or amendment has an impact, the director shall prepare a fiscal note pursuant 27
170+to § 2-9-31. The secretary of state shall include the fiscal note, if any, on the ballot 28
171+pursuant to § 12-13-25.1. 29