South Dakota 2025 Regular Session

South Dakota Senate Bill SB92 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.611.15 100th Legislative Session 92
	1	+	25.611.14 100th Legislative Session 92
2	2
3	3
4	4		2025 South Dakota Legislature
5	5		Senate Bill 92
6		-	ENROLLED
7		-
8		-	AN ACT
9		-
10		-
11		-	ENTITLED An Act to require that the director of the Legislative Research Council and
12		-	the secretary of state review an initiated measure and determine if the
13		-	measure embraces more than one subject.
14		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
15		-	Section 1. That § 12-13-25 be AMENDED:
16		-	12-13-25. The sponsors of each initiated measure or initiated amendment to the
17		-	Constitution shall submit a copy of each version of the initiated measure or initiated
18		-	amendment to the Constitution to the director of the Legislative Research Council for
19		-	review and comment not more than six months before it may be circulated for signatures
20		-	under § 2-1-1.1 or 2-1-1.2. The director shall review each version of the submitted
21		-	initiated measure or initiated amendment to the Constitution to determine if the
22		-	requirements of § 12-13-24 are satisfied and if the initiated measure or initiated
23		-	amendment to the Constitution may have any impact on revenues, expenditures, or fiscal
24		-	liability of the state or its agencies and subdivisions.
25		-	Unless as otherwise provided under § 12-13-25.2, not more than fifteen workdays
26		-	following receipt of an initiated measure or initiated amendment to the Constitution, the
27		-	director shall provide written comments on the initiated measure or initiated amendment
28		-	to the Constitution to the sponsors of the initiated measure or initiated amendment, the
29		-	attorney general, and the secretary of state for the purpose of assisting the sponsors in
30		-	complying with § 12-13-24. The director's written comments under this section shall
31		-	include assistance regarding the substantive content of the initiated measure or initiated
32		-	amendment in order to minimize any conflict with existing law and to ensure the measure's
33		-	or amendment's effective administration.
34		-	The director must provide, with the written comments, a written opinion to the
35		-	sponsors, the attorney general, and the secretary of state as to: 25.611.15 2 92
36		-	SB92 ENROLLED
37		-	(1) If an initiated measure, whether the initiated measure embraces only one subject
38		-	under S.D. Const., Art. III, § 21; or
39		-	(2) If an initiated amendment, whether the initiated amendment:
40		-	(a) Embraces only one subject under S.D. Const., Art. XXIII, § 1; and
41		-	(b) Is an amendment under S.D. Const., Art. XXIII, § 1 or a revision under S.D.
42		-	Const., Art. XXIII, § 2.
43		-	The sponsors may, but are not required to, amend the initiated measure or initiated
44		-	amendment to the Constitution to comply with the director's comments.
45		-	Section 2. That § 12-13-26.2 be AMENDED:
46		-	12-13-26.2. If the secretary of state does not certify a proposal for an initiated
47		-	amendment to the South Dakota Constitution pursuant to § 12-13-26.1 or an initiated
48		-	measure pursuant to section 3 of this Act, any interested party may directly appeal the
49		-	secretary of state's decision to the Supreme Court within fifteen days of the secretary of
50		-	state publishing notice of the decision not to certify on the secretary of state's website.
51		-	Any interested party may directly appeal the secretary of state's certification of a
52		-	proposal for an initiated amendment to the Constitution pursuant to § 12-13-26.1 or an
53		-	initiated measure pursuant to section 3 of this Act to the Supreme Court within fifteen
54		-	days of the secretary of state publishing notice of certification on the secretary of state's
55		-	website.
56		-	The Supreme Court shall promulgate rules, pursuant to chapter 16-3, defining the
57		-	procedures for an appeal taken under this section.
58		-	Section 3. That a NEW SECTION be added to chapter 12-13:
59		-	Upon receiving a proposal for an initiated measure, the secretary of state shall
60		-	determine if the proposal embraces more than one subject, in violation of S.D. Const.,
61		-	Art. III, § 21.
62		-	If the secretary of state determines that the proposed initiated measure complies
63		-	with the single subject requirement, the secretary of state must provide a written
64		-	certification to the petition sponsor, the attorney general, and the director of the
65		-	Legislative Research Council, stating that the proposed initiated measure embraces only
66		-	one subject. The secretary of state shall publish on the secretary's website notice of this
67		-	certification not more than fifteen working days following receipt of the proposed initiated
68		-	measure. 25.611.15 3 92
69		-	SB92 ENROLLED
70		-	The secretary of state may not certify the proposed initiated measure if the
71		-	secretary of state determines that the proposed initiated measure embraces more than
72		-	one subject in violation of S.D. Const., Art. III, § 21. If the secretary of state determines
73		-	that the proposed initiated measure embraces more than one subject, the secretary of
74		-	state must provide written notice to the petition sponsor explaining the reason that the
75		-	proposed initiated measure was not certified. The secretary of state shall publish the notice
76		-	on the secretary of state's website not more than fifteen working days following receipt of
77		-	the proposed initiated measure.
78		-	The sponsor of a proposed initiated measure may amend the initiated measure in
79		-	accordance with the secretary of state's explanation and may resubmit the amended
80		-	initiated measure to the director of the Legislative Research Council for review under § 12-
81		-	13-25. 25.611.15 4 92
82		-	SB92 ENROLLED
83		-	An Act to require that the director of the Legislative Research Council and the secretary of
84		-	state review an initiated measure and determine if the measure embraces more than one
85		-	subject.
86		-
87		-
88		-
89		-
90		-	I certify that the attached Act originated in
91		-	the:
92		-
93		-	Senate as Bill No. 92
94		-
95		-
96		-
97		-	Secretary of the Senate
98		-
99		-
100		-
101		-
102		-	President of the Senate
103		-
104		-	Attest:
105		-
106		-
107		-
108		-
109		-	Secretary of the Senate
110		-
111		-
112		-
113		-
114		-	Speaker of the House
115		-
116		-	Attest:
	6	+	SENATE ENGROSSED
117	7
118	8
119	9
120	10
121	11
122		-	~~Chief Clerk~~
	12	+	Introduced by: Senator Hulse
123	13
124		-
125		-
126		-	Senate Bill No. 92
127		-	File No. ____
128		-	Chapter No. ______
129		-
130		-
131		-
132		-	Received at this Executive Office
133		-	this _____ day of _____________,
134		-
135		-	2025 at ____________M.
136		-
137		-
138		-
139		-	By
140		-	for the Governor
141		-
142		-
143		-	The attached Act is hereby
144		-	approved this ________ day of
145		-	______________, A.D., 2025
146		-
147		-
148		-
149		-
150		-
151		-	Governor
152		-
153		-	STATE OF SOUTH DAKOTA ,
154		-	ss.
155		-	Office of the Secretary of State
156		-
157		-
158		-	Filed ____________, 2025
159		-	at _________ o'clock __M.
160		-
161		-
162		-
163		-
164		-
165		-	Secretary of State
166		-
167		-
168		-
169		-	By
170		-	Asst. Secretary of State
171		-
172		-
	14	+	Underscores indicate new language.
	15	+	Overstrikes indicate deleted language.
	16	+	An Act to require that the director of the Legislative Research Council and the 1
	17	+	secretary of state review an initiated measure and determine if the measure 2
	18	+	embraces more than one subject. 3
	19	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4
	20	+	Section 1. That § 12-13-25 be AMENDED: 5
	21	+	12-13-25. The sponsors of each initiated measure or initiated amendment to the 6
	22	+	Constitution shall submit a copy of each version of the initiated measure or initiated 7
	23	+	amendment to the Constitution to the director of the Legislative Research Council for 8
	24	+	review and comment not more than six months before it may be circulated for signatures 9
	25	+	under § 2-1-1.1 or 2-1-1.2. The director shall review each version of the submitted 10
	26	+	initiated measure or initiated amendment to the Constitution to determine if the 11
	27	+	requirements of § 12-13-24 are satisfied and if the initiated measure or initiated 12
	28	+	amendment to the Constitution may have any impact on revenues, expenditures, or fiscal 13
	29	+	liability of the state or its agencies and subdivisions. 14
	30	+	Unless as otherwise provided under § 12-13-25.2, not more than fifteen workdays 15
	31	+	following receipt of an initiated measure or initiated amendment to the Constitution, the 16
	32	+	director shall provide written comments on the initiated measure or initiated amendment 17
	33	+	to the Constitution to the sponsors of the initiated measure or initiated amendment, the 18
	34	+	attorney general, and the secretary of state for the purpose of assisting the sponsors in 19
	35	+	complying with § 12-13-24. The director's written comments under this section shall 20
	36	+	include assistance regarding the substantive content of the initiated measure or initiated 21
	37	+	amendment in order to minimize any conflict with existing law and to ensure the measure's 22
	38	+	or amendment's effective administration. If the sponsors submit an initiated amendment 23
	39	+	to the Constitution, the 24 25.611.14 2 92
	40	+	Underscores indicate new language.
	41	+	Overstrikes indicate deleted language.
	42	+	The director shall must provide, with the written comments, a written opinion to 1
	43	+	the sponsors, the attorney general, and the secretary of state as to whether the initiated 2
	44	+	amendment embraces : 3
	45	+	(1) If an initiated measure, whether the initiated measure embraces only one subject 4
	46	+	under S.D. Const., Art. III, § 21; or 5
	47	+	(2) If an initiated amendment, whether the initiated amendment: 6
	48	+	(a) Embraces only one subject under S.D. Const., Art. XXIII, § 1 and whether 7
	49	+	it is; and 8
	50	+	(b) Is an amendment under S.D. Const., Art. XXIII, § 1 or a revision under S.D. 9
	51	+	Const., Art. XXIII, § 2. 10
	52	+	The sponsors may, but are not required to, amend the initiated measure or initiated 11
	53	+	amendment to the Constitution to comply with the director's comments. 12
	54	+	Section 2. That § 12-13-26.2 be AMENDED: 13
	55	+	12-13-26.2. If the secretary of state does not certify a proposal for an initiated 14
	56	+	amendment to the South Dakota Constitution pursuant to § 12-13-26.1 or an initiated 15
	57	+	measure pursuant to section 3 of this Act, any interested party may directly appeal the 16
	58	+	secretary of state's decision to the Supreme Court within fifteen days of the secretary of 17
	59	+	state publishing notice of the decision not to certify on the secretary of state's website. 18
	60	+	Any interested party may directly appeal the secretary of state's certification of a 19
	61	+	proposal for an initiated amendment to the Constitution pursuant to § 12-13-26.1 or an 20
	62	+	initiated measure pursuant to section 3 of this Act to the Supreme Court within fifteen 21
	63	+	days of the secretary of state publishing notice of certification on the secretary of state's 22
	64	+	website. 23
	65	+	The Supreme Court shall promulgate rules, pursuant to chapter 16-3, defining the 24
	66	+	procedures for an appeal taken under this section. 25
	67	+	Section 3. That a NEW SECTION be added to chapter 12-13: 26
	68	+	Upon receiving a proposal for an initiated measure, the secretary of state shall 27
	69	+	determine if the proposal embraces more than one subject, in violation of S.D. Const., 28
	70	+	Art. III, § 21. 29
	71	+	If the secretary of state determines that the proposed initiated measure complies 30
	72	+	with the single subject requirement, the secretary of state must provide a written 31
	73	+	certification to the petition sponsor, the attorney general, and the director of the 32
	74	+	Legislative Research Council, stating that the proposed initiated measure embraces only 33 25.611.14 3 92
	75	+	Underscores indicate new language.
	76	+	Overstrikes indicate deleted language.
	77	+	one subject. The secretary of state shall publish on the secretary's website notice of this 1
	78	+	certification not more than fifteen working days following receipt of the proposed initiated 2
	79	+	measure. 3
	80	+	The secretary of state may not certify the proposed initiated measure if the 4
	81	+	secretary of state determines that the proposed initiated measure embraces more than 5
	82	+	one subject in violation of S.D. Const., Art. III, § 21. If the secretary of state determines 6
	83	+	that the proposed initiated measure embraces more than one subject, the secretary of 7
	84	+	state must provide written notice to the petition sponsor explaining the reason that the 8
	85	+	proposed initiated measure was not certified. The secretary of state shall publish the notice 9
	86	+	on the secretary of state's website not more than fifteen working days following receipt of 10
	87	+	the proposed initiated measure. 11
	88	+	The sponsor of a proposed initiated measure may amend the initiated measure in 12
	89	+	accordance with the secretary of state's explanation and may resubmit the amended 13
	90	+	initiated measure to the director of the Legislative Research Council for review under § 12-14
	91	+	13-25. 15