The bill amends South Dakota's emergency powers law, specifically section 34-48A-5, to provide greater oversight of the Governor's authority during emergencies. Key changes include the insertion of a provision that allows the Governor to exercise emergency powers through an executive order and specifies that these powers can be exercised for a period of thirty days unless terminated earlier by the Governor or the Legislature. Additionally, if the Governor wishes to extend these powers beyond the initial thirty days, they must obtain legislative concurrence, either by notifying the Legislature directly if in session or by contacting the Executive Board of the Legislative Research Council if the Legislature is not in session.

The bill also introduces new sections that outline the process for the Governor to seek a continuance of emergency powers, including providing written notice and supporting evidence to the Legislature or the Executive Board. Furthermore, it clarifies that the Governor retains the ability to convene the Legislature in special session to address the emergency situation. Overall, the bill aims to balance the need for swift action during emergencies with legislative oversight to ensure accountability.

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