88 chapters · 1,826 sections in this title.
SDCL § 1-30-1 Legislative findings and policy
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Because of the existing possibility of attack upon the United States of unprecedented size and destructiveness, and in order, in the event of such an attack, to assure continuity of government through legally constituted leadership, authority, and responsibility in offices of the…
SDCL § 1-30-10 Removal of designees
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Until such time as the persons designated as emergency interim successors are authorized to exercise the powers and discharge the duties of an office in accordance with this chapter, including § 1-30-9 , said persons shall serve in their designated capacities at the pleasure of t…
SDCL § 1-30-11 Adjudication of disputes
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Any dispute concerning a question of fact arising under this chapter with respect to an office in the executive branch of the state government, except a dispute of fact relative to the Office of Governor, must be adjudicated by the Governor, or other official authorized under the…
SDCL § 1-30-12 Short title
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This chapter shall be known and may be cited as "Emergency Interim Executive and Judicial Succession Act." Source: SL 1961, ch 285 , § 1.
SDCL § 1-30-2 Definition of terms
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Unless otherwise clearly required by the context, as used in this chapter: (1) "Attack" means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any man…
SDCL § 1-30-3 Designation by state officers of emergency interim successors
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All state officers, subject to such regulations as the Governor (or other official authorized under the Constitution or this chapter to exercise the powers and discharge the duties of the office of Governor) may issue, shall, in addition to any deputy authorized pursuant to law t…
SDCL § 1-30-4 Exercise of powers by emergency successor to state office--Termination of powers
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In the event that any state officer is unavailable following an attack, and in the event his deputy, if any, is also unavailable, the said powers of his office shall be exercised and the said duties of his office shall be discharged by his designated emergency interim successors …
SDCL § 1-30-5 Local resolutions and ordinances for emergency interim succession
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With respect to local offices for which the legislative bodies of municipalities, townships, and counties may enact resolutions or ordinances relative to the manner in which vacancies will be filled or temporary appointments to office made, such legislative bodies are hereby auth…
SDCL § 1-30-6 Designation by local officers of emergency interim successors
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The provisions of this section and § 1-30-7 shall be applicable to officers of political subdivisions (including, but not limited to, municipalities, townships, counties, and school districts) not included in §
SDCL § 1-30-7 Exercise of powers by emergency successor to local office--Termination of powers
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In the event that any officer of any political subdivision (or his deputy provided for pursuant to law) is unavailable, the powers of the office shall be exercised and duties shall be discharged by his designated emergency interim successors in the order specified. The emergency …
SDCL § 1-30-8 Oath of office taken at time of designation--Formal qualification waived for emergency successors
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At the time of their designation, emergency interim successors shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Notwithstanding any other provisions of law, no person, as a prerequisite to th…
SDCL § 1-30-9 Enemy attack required for exercise of powers by emergency successors--Legislative termination of powers
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Officials authorized to act as Governor pursuant to this chapter, emergency interim successors are empowered to exercise the powers and discharge the duties of an office as herein authorized only after an attack upon the United States, as defined herein, has occurred. The Legisla…