Title 2 — LEGISLATURE AND STATUTES

2-2-10 2-2-10 to 2-2-13. Repealed by SL 1981, ch 14 , § 10. 2-2-14 2-2-14 to 2-2-22. Repealed by SL 1991 (1st SS) ch 1, § 9. 2-2-23 2-2-23 to 2-2-31. Repealed by SL 2001 (SS) ch 2, § 9. 2-2-32 2-2-32 to 2-2-40. Repealed by SL 2011 (SS), ch 1 , § 12, eff. Jan. 23, 2012. 2-2-41 Leg…

The Legislature shall meet at the seat of government on the second Tuesday of January at noon. Source: SDC 1939, § 55.0502; SL 1981, ch 15 ; SL 1983, ch 13 , § 2.

An employer shall grant a temporary leave of absence without loss of job status or seniority resulting therefrom, to any employee who is a member of the Legislature in order that such employee may perform any official duty as a member of the Legislature. Such temporary leave of a…

Every person who intentionally, by force or fraud, compels or attempts to compel either branch of the Legislature of this state to pass, amend, or reject any bill or resolution, or to grant or refuse any petition, or to perform or omit to perform any other official act, is guilty…

The conviction of a member of the Legislature of any crime defined in §§ 2-4-6 to 2-4-10 , inclusive, involves as a consequence, in addition to the punishment prescribed therein, a forfeiture of his office and disqualifies him from ever thereafter holding any public office under …

The Senate or the House of Representatives may punish, as a contempt, by imprisonment, a breach of its privileges or the privileges of its members; but only for one or more of the following offenses: (1) Knowingly arresting a member or officer of the Senate or the House of Repres…

Every person who is guilty of contempt of the State Legislature or either branch thereof, as contempt is defined in § 2-4-14 , is guilty of a Class 2 misdemeanor. Source: SDC 1939, § 55.9902; SL 1980, ch 24 , § 21.

The salary of each member of the Legislature is equal to one-fifth of the South Dakota median household income reported by the United States Census Current Population Survey, as ascertained and adjusted each year by the State Board of Finance to take effect on the first day of Ja…

The term, "uncompensated expenses," as used in this chapter, includes, but is not limited to, postage, stationery, printing, office supplies, telephone, incidental costs in the maintenance of a legislative office at home, subscriptions to publications, conference dues, and travel…

The salary or per diem compensation for members of the Legislature serving on legislative committees, boards, or commissions, taking the oath of office, or attending the Governor's budget report required by § 4-7-9 if the report is given in person by the Governor, is equal to the…

The speaker of the House of Representatives and the president pro tempore of the Senate may authorize the payment of a salary or per diem compensation to a person who has been elected or appointed to the House of Representatives or Senate, respectively, but has not yet received t…

Superseded by §

If the lieutenant governor is not assigned sufficient duties to require full - time attention, then when carrying out the lieutenant governor's duties as a member of a board, committee, or commission established by the Legislature, the lieutenant governor may receive a per diem n…

The salary of the Legislature and the lieutenant governor shall be payable in the same manner as for other state employees under the provisions of § 3-8-6 , provided, however, that final payment shall be made on or before the last day of a legislative session. Mileage of the memb…

Repealed by SL 1973, ch 19 , § 1.

Every person who intentionally, by force or fraud, prevents the Legislature of this state or either of the branches composing it, or any of the members thereof, from meeting or organizing, is guilty of a Class 4 felony. Source: SDC 1939, § 13.1001; SL 1980, ch 24 , § 16; SL 2006,…

Every person who intentionally, by intimidation or otherwise, prevents any member of the Legislature of this state from attending any session of the branch of which he is a member, or of any committee thereof, or from giving his vote upon any question which may come before such b…

Every person who intentionally, by force or fraud, compels or attempts to compel the Legislature of this state, or either of the branches composing it, to adjourn or disperse, is guilty of a Class 4 felony. Source: SDC 1939, § 13.1002; SL 1980, ch 24 , § 18; SL 2006, ch 130 , § 3…

Every person who intentionally disturbs the Legislature of this state, or either of the branches composing it, while in session, or who commits any disorderly conduct in the immediate view and presence of either branch of the Legislature tending to interrupt its proceedings or im…

Repealed by omission from SL 1968, ch 201 , § 2.

Repealed by SL 1983, ch 13 , § 3.

The elective officers of the Senate shall be a president pro tempore of the Senate, who shall be a member of that body, one secretary, and such other officers as shall be necessary to properly conduct the business of the Senate. Source: SDC 1939, § 55.0505; SL 1947, ch 240 ; SL 1…

The elective officers of the House of Representatives shall be a speaker and a speaker pro tempore, who shall be members of that body, one chief clerk and such other officers as shall be necessary to properly conduct the business of the House of Representatives. Source: SDC 1939,…

In the event that there is a tie vote for purposes of organizing the House of Representatives then, for the purposes of organization, the political party's candidate for speaker of the house, speaker pro tempore and clerk, then having a member of its party duly elected as the Gov…

Repealed by SL 1968, ch 201 , § 5.

The speaker of the House of Representatives shall appoint employees necessary to properly conduct the business of the house and the president pro tempore of the Senate shall appoint employees necessary to properly conduct the business of the Senate. Source: SDC 1939, § 55.0508; S…

Repealed by omission from SL 1968, ch 201 , § 8.

Repealed by omission from SL 1968, ch 201 , § 2.

All elective and appointed officers and employees of the Senate and House of Representatives designated in §§ 2-5-2 , 2-5-3 , and 2-5-5 shall receive compensation determined and agreed upon by a joint select committee of both houses. Source: SDC 1939, § 55.0508; SL 1947, ch 240 ;…

The compensation of the officers and employees of the Senate, except the lieutenant governor, and the compensation of the officers and employees of the House of Representatives shall be fixed by a joint select committee of both houses. The compensation shall be paid out of the st…

[Repealed or reserved.]

Any member of the Senate or House of Representatives, while acting as a member of any committee thereof, shall have authority to administer oaths to such persons as shall be examined before such committee. Source: SDC 1939, § 55.0609.

The Retirement Laws Committee shall select a chairman and vice - chairman and shall be provided with staff assistance from the Legislative Research Council staff. Source: SL 1974, ch 36 , § 3.

The Retirement Laws Committee shall continue the study of the retirement and pension laws applicable to employees and officers in government service throughout the state and shall appraise and evaluate existing laws relating to retirement and pension. It shall give particular stu…

The Retirement Laws Committee shall present legislative drafts to effect sound and equitable public employees retirement programs. The Retirement Laws Committee shall study and make recommendations concerning the extension of retirement coverage to public employees to whom retire…

Repealed by SL 1989, ch 27 , § 1.

An interim joint bonding committee, established pursuant to the rules of the Legislature, shall review the operations, programs, accomplishments, and financial status of the South Dakota Housing Development Authority, the South Dakota Health and Educational Facilities Authority, …

Each of the entities shall submit to the joint committee a complete and detailed report no later than December first of each year, setting forth: (1) Its operations and accomplishments; (2) Its receipts and expenditures during its fiscal year for its operating and capital outlay …

For each issuance of bonds or notes of any such entity, there shall be provided to the joint committee a report of the details of the issuance, including a citation to the resolution providing for the issuance of the bonds and notes, the use of the proceeds of such issuance, the …

The joint committee may request at any time a detailed accounting of the security underlying outstanding bonds or notes, the ability to make timely repayment of bonds or notes, or the investments of such entity. Source: SL 1976, ch 26 , § 4; SDCL Supp, § 2-9-23; SL 1978, ch 20 , …

The joint committee may at any time require the governing board, or its designee, of any such entity to appear before it to provide detailed explanations of the public purpose underlying any of its programs or detailed explanations of any of its operations or activities. Source: …

There is hereby created the Legislative Water Development Oversight Committee. The committee shall consist of four legislators, one each appointed by the majority and minority leaders of the Senate and one each appointed by the majority and minority leaders of the House of Repres…

There shall be appointed at each regular session of the Legislature a Government Operations and Audit Committee of ten, consisting of five members of the Senate appointed by the president pro tempore of the Senate, one of whom shall be a member of the Judiciary Committee, and fiv…

There is hereby created the South Dakota State - Tribal Relations Committee to make a continuing study of the relations between the state and its political subdivisions and the tribes and their tribal governments. Source: SL 1993, ch 30 , § 1; SDCL

The State - Tribal Relations Committee shall consist of five members of the House of Representatives to be appointed by the speaker of the House of Representatives and five members of the Senate to be appointed by the president pro tempore of the Senate. The members of the State …

The State-Tribal Relations Committee shall be co-chaired by one member of the House of Representatives, chosen by the speaker of the House, and one member of the Senate, chosen by the president pro tempore of the Senate, and shall be provided with staff assistance from the Legisl…

Repealed by SL 1971, ch 23 , § 2.

The Government Operations and Audit Committee shall develop and implement a performance management review process that provides the Legislature with a consistent system to evaluate the efficiency and effectiveness of state agencies and to provide additional government transparenc…

For the purposes of §§ 2-6-35 to 2-6-39 , inclusive, performance management is an ongoing, systematic approach to improving outcomes with a focus on accountability for performance by utilizing data-based measurements. For the purposes of §§ 2-6-35 to 2-6-39 , inclusive, a state a…

The Government Operations and Audit Committee shall establish a schedule whereby the committee reviews the performance management of each state agency at least once every three years. The performance management review shall include the following: (1) The strategic goals of each a…