South Dakota § 12-13-25 - Review and comment--Legislative Research Council--Opinion.

§ 12-13-25. Review and comment--Legislative Research Council--Opinion.

The sponsors of each initiated measure or initiated amendment to the Constitution shall submit a copy of each version of the initiated measure or initiated amendment to the Constitution to the director of the Legislative Research Council for review and comment not more than six months before it may be circulated for signatures under § 2-1-1.1 or 2-1-1.2. The director shall review each version of the submitted initiated measure or initiated amendment to the Constitution to determine if the requirements of § 12-13-24 are satisfied and if the initiated measure or initiated amendment to the Constitution may have any impact on revenues, expenditures, or fiscal liability of the state or its agencies and subdivisions.

Unless as otherwise provided under § 12-13-25.2, not more than fifteen workdays following receipt of an initiated measure or initiated amendment to the Constitution, the director shall provide written comments on the initiated measure or initiated amendment to the Constitution to the sponsors of the initiated measure or initiated amendment, the attorney general, and the secretary of state for the purpose of assisting the sponsors in complying with § 12-13-24. The director's written comments under this section shall include assistance regarding the substantive content of the initiated measure or initiated amendment in order to minimize any conflict with existing law and to ensure the measure's or amendment's effective administration.

The director must provide, with the written comments, a written opinion to the sponsors, the attorney general, and the secretary of state as to:

(1)    If an initiated measure, whether the initiated measure embraces only one subject under S.D. Const., Art. III, § 21; or

(2)    If an initiated amendment, whether the initiated amendment:

(a)    Embraces only one subject under S.D. Const., Art. XXIII, § 1; and

(b)    Is an amendment under S.D. Const., Art. XXIII, § 1 or a revision under S.D. Const., Art. XXIII, § 2.

The sponsors may, but are not required to, amend the initiated measure or initiated amendment to the Constitution to comply with the director's comments.

Source: SL 1994, ch 109, § 2; SL 2007, ch 14, § 3; SL 2009, ch 64, § 1, eff. July 1, 2010; SL 2017, ch 16, § 4; SL 2018, ch 78, § 1; SL 2018, ch 79, § 1; SL 2020, ch 46, § 1; SL 2021, ch 64, § 1, eff. Mar. 18, 2021; SL 2025, ch 63, § 1.