ENTITLED An Act to update references to the Governor, lieutenant governor, and other persons.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That   1-1-21 be AMENDED:

1-1-21. Except as to criminal offenses and civil causes of action arising on any highway, as defined in chapter 31-1, the jurisdiction provided for in   1-1-18 is not assumed or accepted by this state, and    1-1-18 and 1-1-20 is not considered in effect, unless and until the Governor of the State of South Dakota, if satisfied that the United States of America has made proper provision for the reimbursement to this state and its counties for the added costs in connection with the assumption of said jurisdiction, has issued a proper proclamation duly filed with the secretary of state declaring the said jurisdiction to be assumed and accepted.

Section 2. That   1-7-1 be AMENDED:

1-7-1. The Governor shall possess the powers and perform the duties entailed by the Constitution and by special provisions throughout this code and among others, but without limiting other prescriptions of the Governor's powers and duties, as follows:

(1) To supervise the official conduct of all executive and ministerial officers;

(2) To see that the laws of the state are faithfully and impartially executed;

(3) To make appointments and fill vacancies in the public offices as required by law;

(4) To be the sole official organ of communication between the government of this state and the government of any other state of the United States;

(5) To issue patents for land as required by law and prescribed by the provisions of this code;

(6) To offer rewards, not exceeding one thousand dollars each, payable out of the general fund, for the apprehension of any convict who has escaped from the penitentiary or for any person who has committed or is charged with the commission of an offense punishable with imprisonment for life;

(7) To appoint a private secretary and to employ such clerks and stenographers as the Governor deems necessary for the proper discharge of official duties, each of whom shall serve during the pleasure of the Governor and receive such compensation as shall be provided by the Legislature;

(8) To have such other powers and must perform such other duties as are or may be devolved upon the Governor by law.

Section 3. That   1-7-1.2 be AMENDED:

1-7-1.2. The Governor or the Governor's designee shall conduct an annual meeting with representatives of the United States Forest Service to discuss forest service land management programs that affect agricultural productivity on leased forest service land.

Section 4. That   1-7-4 be AMENDED:

1-7-4. Every provision of this code relating to the powers and duties of the Governor, and to the acts and duties to be performed by others towards the Governor, extends to the person performing for the time being the duties of Governor.

Section 5. That   1-8-1 be AMENDED:

1-8-1. It is the duty of the secretary of state:

(1) To file official acts of the Governor to which attestation over the Governor's signature and the great seal is required;

(2) To affix the great seal and his attestation to all commissions, pardons, and other public instruments to which the signature of the Governor is required except such as relate to school and public lands, and also in attesting and authenticating all certificates, charters, and any and all other documents properly issued by the secretary;

(3) To record in proper books all conveyances made to the state, all appointments and commissions made by the Governor and all official bonds filed in the secretary's office, except bonds of notaries public. All deeds, abstracts of title, and other title papers pertaining to lands owned by the state or by any department or institution of the state, except those under the control of the commissioner of school and public lands, must be filed and preserved in the office of the secretary of state;

(4) To file any document, official oath, official bond, articles of incorporation and amendments thereof, and letters of acceptance which the law requires to be filed in the secretary's office;

(5) To furnish on demand to any person, company, or corporation having paid the lawful fees therefor, a certified copy or copies of all or any part of any law, record, or other instrument kept on file in the secretary's office;

(6) To prepare immediately previous to any regular session of the Legislature, from the proper election returns filed in his office, a roll of all senators elect, and deliver the same to the president of the senate at least thirty minutes before the time fixed by law for the opening of the session; to prepare from such election returns a roll of all the members elected to the house of representatives, and at the time fixed by law to call such members to order and preside until a speaker is elected;

(7) To receipt all fees collected by the secretary under any provision of law, with the date, name of payor, and the nature of the services in each case, which fees so collected by the secretary shall be paid into the state treasury monthly and report thereof made as provided by law;

(8) To cause to be published and distributed a sufficient number of copies of the title, "Elections" for all election officers and to publish and distribute from time to time any amendments made thereto or to the general election laws of this state;

(9) To perform such other duties as are required of the secretary by law.

Section 6. That   1-11-8 be AMENDED:

1-11-8. Whenever the attorney general, upon the attorney general's own relation, commences an investigation, the attorney general shall obtain the consent of the Governor by attaching to the record provided in   1-11-9 a written request for the consent. A copy of the record and request must be provided to the Governor for the Governor's file and the Governor shall acknowledge receipt of the request in writing on the original, which the attorney general shall retain. The request must state in general terms the reasons for the request, and, if denied, the denial must be in writing and contain a statement in general terms of the reasons for the denial.

Section 7. That   1-16A-4 be AMENDED:

1-16A-4. The authority shall consist of seven members to be appointed by the Governor who are residents of the state. Not more than four of the seven members of the authority may be of the same political party. At least one of the members to be appointed by the Governor must be or must have been a trustee, director, comptroller, or other employee of a public or of a private nonprofit hospital knowledgeable in hospital and health care construction and financing. At least one of the appointed members must be or must have been a trustee, director, comptroller, or other employee of a public or nonprofit private college or university knowledgeable in the construction and financing of such educational facilities. At least one appointed member must be a person experienced in and having a favorable reputation for skill, knowledge, and experience in the field of state and municipal finance. At least one of the appointed members must be a person experienced in and having a favorable reputation for skill, knowledge, and experience in the field of health facility architecture. At least one of the appointed members must be a person experienced in and having a favorable reputation for skill, knowledge, and experience in the field of higher educational facility architecture. In making appointments, the Governor shall take into consideration nominees recommended for appointment by professional organizations of hospitals, long term care facilities, higher education associations, investment banking, and architects.

Section 8. That   1-29-1 be AMENDED:

1-29-1. Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of state government at the normal location of the seat thereof in the city of Pierre, Hughes County, South Dakota, the Governor shall, as often as the exigencies of the situation require, by proclamation, declare an emergency temporary location, or locations, for the seat of government at such place, or places, within or outside of this state as the Governor may deem advisable under the circumstances, and shall take such action and issue such orders as necessary for an orderly transition of the affairs of state government to such emergency temporary location, or locations. The emergency temporary location, or locations, must remain the seat of government until the Legislature establishes a new location, or locations, or until the emergency is declared to be ended by the Governor and the seat of government is returned to its normal location.

Section 9. That   1-30-11 be AMENDED:

1-30-11. Any dispute concerning a question of fact arising under this chapter with respect to an office in the executive branch of the state government, except a dispute of fact relative to the Office of Governor, must be adjudicated by the Governor, or other official authorized under the Constitution or this chapter to exercise the powers and discharge the duties of the Office of Governor, and the Governor's decision is final.

Section 10. That   1-33-4 be AMENDED:

1-33-4. Except as provided by   1-33-10, the heads of the bureaus within the Department of Executive Management are appointed by the Governor and serve at the Governor's pleasure, and each have the title of commissioner.

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