The bill amends South Dakota's emergency powers law, specifically section 34-48A-5, to provide greater oversight of the Governor's authority during disasters, wars, acts of terrorism, or emergencies. Key changes include the insertion of a provision that allows the Governor to exercise these powers through an executive order and specifies that such powers can only be in effect for thirty days unless extended with legislative concurrence. The previous provision allowing the Governor's powers to remain in effect for six months has been deleted.

Additionally, the bill introduces new sections outlining the process for the Governor to seek legislative approval for extending emergency powers beyond the initial thirty-day period. If the Legislature is in session, the Governor must provide written notice and evidence to support the need for an extension. If the Legislature is not in session, the Governor must notify the Executive Board of the Legislative Research Council. The Executive Board can then either authorize a single continuance of the emergency powers for up to thirty days or deny the request. The bill also clarifies that the Governor and Legislature can convene in special sessions to address the emergency situation.

Statutes affected:
Introduced, 01/29/2025: 34-48A-5