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 proposed initiated 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 initiated amendment proposal embraces only one subject and is 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 initiated amendment to the Constitution proposal.

The secretary of state may not certify the initiated amendment to the Constitution 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 initiated amendment to the Constitution proposal if it is a revision under S.D. Const., Art. XXIII, § 2. If the secretary of state determines that the initiated amendment to the Constitution 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 initiated amendment to the Constitution proposal is not certified, not more than fifteen working days following receipt of the initiated amendment to the Constitution 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 and section 2 of this Act, the sponsors of a constitutional amendment proposed by a joint resolution of the Legislature are the presiding officers of the Legislature acting jointly.

Section 2. That § 12-13-26.2 be AMENDED:

12-13-26.2. If the secretary of state does not certify an initiated a proposal for an amendment to the Constitution pursuant to § 12-13-26.1, the sponsor may directly appeal the secretary of state's decision to the Supreme Court within fifteen days after receiving notice from the secretary of state.

Any interested party may directly appeal the secretary of state's certification of an a proposal for an initiated 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. Any other appeal, challenge, or claim that an amendment embraces more than one subject or is a revision made after such period is time-barred and void.

The Supreme Court shall promulgate rules, pursuant to chapter 16-3, defining the procedures for an appeal taken under this section.