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 exercised for a period of thirty days unless terminated earlier by the Governor or the Legislature. The previous provision that allowed the Governor's powers to remain in effect for six months has been deleted.

Additionally, if the Governor wishes to extend these powers beyond the initial thirty-day period, the bill requires legislative concurrence. This process involves notifying the Legislature or the Executive Board of the Legislative Research Council, providing supporting evidence, and requesting authorization for the continuance. The Executive Board can either approve a single continuance 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, ensuring that legislative oversight is maintained throughout the exercise of emergency powers.

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