ENTITLED An Act to require the secretary of state to determine if a legislatively proposed constitutional amendment complies with the single subject requirement and is not a constitutional revision.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 12-13-26.1 be AMENDED:
12-13-26.1. Upon receiving a proposal for an amendment to the Constitution, whether initiated by petition or proposed by a joint resolution of the Legislature, the secretary of state shall determine if the proposal embraces more than one subject in violation of S.D. Const., Art. XXIII, 1, and if it is a revision under S.D. Const., Art. XXIII, 2.
If the secretary of state determines that the proposal complies with the single subject requirement and is not a revision, the secretary of state shall provide written certification to the sponsors, the attorney general, and the director of the Legislative Research Council that the proposal embraces only one subject and would be an amendment to the Constitution under S.D. Const., Art. XXIII, 1, if approved by the voters. The secretary of state shall publish on the secretary of state's website notice of this certification not more than fifteen working days following receipt of the proposal.
The secretary of state may not certify the proposal if it embraces more than one subject in violation of S.D. Const., Art. XXIII, 1. The secretary of state may not certify the proposal if it is a revision under S.D. Const., Art. XXIII, 2. If the secretary of state determines that the proposal embraces more than one subject or is a revision, the secretary of state shall provide written notice to the sponsors explaining the reason the proposal is not certified and shall publish the notice on the secretary of state's website, not more than fifteen working days following receipt of the proposal. The sponsors of an initiated amendment may amend the initiated amendment to the Constitution in accordance with the secretary of state's explanation and resubmit the amended initiated amendment to the Constitution to the director of the Legislative Research Council for review under 12-13-25.
For purposes of this section, the sponsors of a constitutional amendment proposed by a joint resolution of the Legislature are the presiding officers of the Legislature.
Section 2. That 12-13-26.2 be AMENDED:
12-13-26.2. If the secretary of state does not certify a proposal for an amendment to the Constitution pursuant to 12-13-26.1, any interested party may directly appeal the secretary of state's decision to the Supreme Court within fifteen days of the secretary of state publishing notice of the decision not to certify on the secretary of state's website.
Any interested party may directly appeal the secretary of state's certification of a proposal for an amendment to the Constitution pursuant to 12-13-26.1 to the Supreme Court within fifteen days of the secretary of state publishing notice of certification on the secretary of state's website.
The Supreme Court shall promulgate rules, pursuant to chapter 16-3, defining the procedures for an appeal taken under this section.
An Act to require the secretary of state to determine if a legislatively proposed constitutional amendment complies with the single subject requirement and is not a constitutional revision.
I certify that the attached Act originated in the:
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2023 at ____________M.
By for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2023
ss. Office of the Secretary of State
Filed ____________, 2023 at _________ o'clock __M.
Secretary of State
By Asst. Secretary of State
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