Title 2 — LEGISLATURE AND STATUTES

Words used in the present tense include the future as well as the present. Source: SDC 1939, § 65.0202 (11).

Punctuation shall not control or affect the construction of any provision when any construction based on such punctuation would not conform to the spirit and purpose of such provision. Source: SDC 1939, § 65.0202 (6).

Source notes, cross - references, and titles whether designating entire titles, parts, chapters, sections, or subdivisions, constitute no part of any statute. Source: SDC 1939, § 65.0202 (3).

Whenever the Congress of the United States of America shall propose an amendment to the Constitution of the United States and shall propose that the same be ratified by conventions in the respective states, a convention shall be held as provided for herein, for the purpose of rat…

The electors may vote for all of the candidates either in favor of or those opposed to the ratification of said amendment, by putting a cross (  ) or check mark (  ) in the circle at the head of the names in the column under the designation "In Favor of" the ratification, or in…

The delegates so elected shall meet at the capitol building in the city of Pierre, on the third Tuesday in the month of January following their election, at two o'clock in the afternoon of said day, and shall constitute a convention to ratify or reject the proposed amendment to t…

A majority of the total number of delegates to the convention shall constitute a quorum. The convention shall have power to choose a president and secretary and all other necessary officers, and to make rules governing the procedure of the convention; such convention shall be the…

Each delegate shall receive five dollars per day for the first five days he is in attendance at said convention, and ten cents per mile for each mile necessarily traveled in going to and returning from said convention. The secretary and other officers shall receive such compensat…

When the convention shall have agreed by a vote of a majority of the total number of delegates present and voting to the ratification or rejection of the proposed amendment, a certificate to that effect shall be executed by the president and secretary of the convention and filed …

If at or about the time of submitting any such amendment, Congress shall either in a resolution submitting the same or by statute, prescribe the manner in which the conventions shall be constituted, and shall not except from the provisions of such statute or resolution such state…

Terms used in §§ 2-15-17 to 2-15-21 , inclusive, mean: (1) "Article V convention," convention for proposing amendments as expressly provided in Article V of the United States of America Constitution; and (2) "Article V application," a joint resolution passed by the State Legislat…

No delegate from South Dakota to an Article V convention has the authority to vote to allow consideration of or vote to approve an unauthorized amendment for ratification to the United States of America Constitution. Any delegate casting a vote to allow consideration or approval …

Every candidate for delegate or alternate from South Dakota to the Article V convention shall take the following oath: "I do solemnly swear or affirm that to the best of my abilities, I will, as a delegate or alternate to an Article V convention, uphold the Constitution and laws …

The secretary of state shall certify in writing to the Article V convention the selection of delegates and alternates, the recall and replacement of any delegate or alternate, and the nullification of unauthorized votes cast by any delegate of South Dakota. Source: SL 2015, ch 2 …

The number of delegates to be chosen to such convention shall be equal to the number of legislative representatives in the State of South Dakota, and each representative district in the state shall constitute a delegate district and be represented in said convention by the same n…

Any delegate who violates the oath contained in § 2-15-18 is subject to a civil fine of not more than five thousand dollars to be levied by the secretary of state and deposited in the state general fund. Source: SL 2015, ch 2 , § 5.

Nothing in §§ 2-15-16 to 2-15-20 , inclusive, authorizes the State of South Dakota to participate in any Article V convention in which each of the states does not possess one vote equal to the other states. Source: SL 2015, ch 2 , § 6.

The delegates shall be elected at the next general election succeeding the proposal of any amendment to the Constitution of the United States by the Congress of the United States, and except as otherwise herein provided the nomination and election of such delegates shall in all r…

Nomination of candidates for the office of delegate shall be by petition signed by not less than two nor more than five percent of the duly qualified electors of the district respectively in which the candidate or candidates reside, as shown by the total vote cast for the success…

It shall be the duty of the secretary of state, as soon as the time for filing nominating petitions in his office has expired, to immediately certify to the several county auditors of the state the names of the persons in whose behalf nominating petitions have been filed as a can…

The county auditor shall, after certification by the secretary of state, immediately prepare and have printed official primary election ballots for all delegates, nominated upon a separate ballot, without party or political designation, in substance as follows: __________________…

Said official ballots and sample ballots shall be provided in the same manner as the official primary election ballots are supplied, pursuant to the provisions of chapter 12-6 . Separate ballots shall be delivered to all electors of whatever party or designation at the biennial p…

The secretary of state in the preparation of the ballots for the succeeding general election shall certify to the county auditors of said legislative districts respectively the names of the successful candidates, designating those who are in favor of the ratification of the amend…

Said ballot shall be submitted to the electors of the State of South Dakota in the same manner and at the same time as the official ballots for the general election are now submitted; and the same shall be canvassed and certified by the judges of election and the state canvassing…

2-16-10.1 Additional powers of commission. 2-16-10.2 South Dakota Codified Laws provided to Legislature--Codified Laws and Administrative Rules provided to legislators. 2-16-10.3 Disposal of obsolete materials. 2-16-11

In addition to those set forth in this chapter, the Code Commission shall have the following powers and duties: (1) To advise, assist, and consult with the code counsel regarding any function, power, or duty conferred by law upon said code counsel; (2) To undertake such substanti…

The Code Commission shall provide the Legislature with sets of the South Dakota Codified Laws. The Code Commission may provide each legislator with a copy of the South Dakota Codified Laws, the Administrative Rules of South Dakota and other information in a digital format. Source…

State officers and employees may dispose of volumes of, and supplements to, the South Dakota Codified Laws which are obsolete due to reprinting. Source: SL 1988, ch 24 , § 11. 2-16-11. Repealed by SL 1970, ch 15 , § 6.

2-16-12 Supplements and revised volumes official after publication--Prima facie evidence of law--Citation. 2-16-13 Publications constituting official code. 2-16-13.1 Editorial material and appendices excluded from official code. 2-16-14 Code as continuation of prior law. 2-16-15 …

Upon the publication under the supervision of the South Dakota Code Commission, of any revised volume of, or supplement to, the code enacted by § 2-16-13 , such revision or supplement shall be in force as prima facie evidence of the laws contained therein, and may be cited as SDC…

The official code of laws of the State of South Dakota, which may be referred to as the code, consists of all the statutes of a general and permanent nature contained in: (1) The 2018 revision of volume 1; (2) The 2021 revision of volume 2; (3) The 2021 revision of volume 2A; (4)…

The code does not include: (1) Material set off by overstrikes to show the effect of legislative deletions; (2) Prefatory subject matter, analyses, catchlines, notes, annotations, appendices, references, tables, and indices; (3) The list of forms appearing as an appendix to chapt…

The provisions of this code, so far as they are the same as those of existing laws, shall be construed as a continuation of those laws and not as new enactments. Source: SL 1970, ch 17 , § 3.

No provision of the code enacted by § 2-16-13 , as to which any action or proceeding, civil or criminal, has been commenced prior to July 1, 2025, to determine whether or not the provision was constitutionally enacted, is validated by the enactment of the code. The enactment of t…

All statutes enacted at the 2025 session of the Legislature, other than the code enacted by § 2-16-13 , are deemed to have been enacted subsequent to the enactment of the code. If any statute repeals, amends, contravenes, or is inconsistent with the provisions of the code, the pr…

A copy of the code of laws enacted by § 2-16-13 shall be kept in the Office of the Secretary of State, to which copy that officer shall affix a certificate, under her hand and the seal of the state, that the laws therein contained are the statute laws of the State of South Dakota…

The code enacted into law by § 2-16-13 , and as hereafter amended and supplemented and printed and published pursuant to law, shall be known as the South Dakota Codified Laws and may be cited as "SDCL" followed by the number of the title, chapter, or section, as appropriate. Sour…

The Code Commission may publish and sell, or contract with the publisher of the printed code, or others, exclusively or not exclusively, for the publication and sale of, with or without compensation, the South Dakota Codified Laws on media which can be read by data processing equ…

The South Dakota Code Commission shall consist of one member of the South Dakota Senate appointed by the president pro tempore, one member of the South Dakota House of Representatives appointed by the speaker of the house, and two members of the State Bar of South Dakota to be ap…

The Code Commission shall organize by electing a chairman, vice - chairman, and such other officers from its membership as it may deem necessary, and shall hold meetings and hearings at such times and places as it may designate to accomplish the purposes of this chapter. Source: …

The code counsel shall receive no compensation other than his salary provided by law. The Code Commission may employ such personnel and incur such expense as may be required to perform its duties and may lease or purchase equipment and services to provide for a supervised statuto…

In addition to state appropriated funds, the Code Commission is authorized to accept and expend any funds which it might obtain from any gift or contribution or any other source, public or private, for said purposes. Source: SL 1970, ch 18 , § 4.

The director of the Legislative Research Council and the code counsel shall assist the Code Commission within the limitations as it may prescribe and to provide space for its supplies and to make available the facilities of the council for its meetings. The director shall also su…

The Code Commission shall: (1) Provide for supplements to, and reprinted volumes of, the code of laws enacted by § 2-16-13 ; (2) Determine the contents of the code supplements and reprinted volumes which shall include but not be limited to: (a) The United States Constitution; (b)…

Notwithstanding chapters 5-18A and 5-18D , the South Dakota Code Commission may draft specifications for material authorized for publication by § 2-16-6 and advertise for and accept bids from editorial, printing, and publishing companies for production of all material authorized …

The Code Commission may continue the contract for the publication of the South Dakota Codified Laws with West, a Thomson Reuters Business and its successors in interest. The Code Commission may contract with that publisher or other publishers, editorial services and printers for …

The Code Commission may advertise for bids for the production of material authorized for publication by the Legislature including, but not limited to, bulk or other revisions, compilations and supplementations to the South Dakota code. Source: SL 1970, ch 18 , § 7.

The South Dakota Code Commission shall provide that the material authorized for publication by § 2-16-6 will be copyrighted by the State of South Dakota, in the name of the State of South Dakota, to the extent permitted by federal copyright law. The commission may contract with p…

Except as authorized by federal copyright law, no person may print or distribute copyrighted material from the South Dakota Codified Laws without the express authorization of the Code Commission. A violation of this section is a Class 2 misdemeanor. Source: SL 1984, ch 10 , § 2; …

The South Dakota Code Commission is hereby authorized to make such changes as may be necessary to correct apparent errors, to correlate and integrate all the laws to harmonize, to assign new title and other designations, to eliminate or clarify obviously obsolete or ambiguous sec…