An Act to authorize the recovery of costs for defending certain initiated amendments in court.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added:
2-1-22. Lawsuit defense--Unconstitutional--Cost to sponsor--Criteria.
The sponsor of an initiated amendment shall be responsible for reimbursing the Office of the Attorney General for the actual cost of defending any lawsuit challenging the constitutionality of the initiated amendment if:
(1) The attorney general officially notified the sponsor, prior to the delivery of any statement under 12-13-9, that in its final form the initiated amendment may be unconstitutional, and the notice detailed the potential reasons that it may be unconstitutional;
(2) The voters approve the amendment;
(3) A court of competent jurisdiction, if after all appeals, rules the initiated amendment as approved is substantially or wholly unconstitutional; and
(4) A court of competent jurisdiction rules that the other criteria of this section have been met.
If the conditions of this section are met, the Office of the Attorney General shall submit to the court of competent jurisdiction the amount to be imposed, which the court shall approve.