1004E 95th Legislative Session 328
AMENDMENT 1004E FOR THE HOUSE STATE
AFFAIRS BILL
Introduced by: Representatives Haugaard, Gosch, Chris Johnson, Mills, Sue Peterson, and Jamie Smith and Senators Langer, Ewing, Stalzer, and White at the request of the Executive Board
An Act to
provide for the
defense of laws
the
establishment of any legislative district by
the Legislature.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added:
2-18-1. Defense of law by the Legislature.
The Legislature may defend, or intervene in the defense of, the establishment of any legislative district under S.D. Const. Art. III, § 5.
Section
2. That a NEW SECTION be added:
Employment
of legal counsel by Legislature--Purposes--Process.
(1) The
Legislature may employ legal counsel other than the attorney general
if the attorney general declines to:
(a) Defend
the Legislature in any civil action; or
(b) Otherwise
defend the Legislature, either house of the Legislature, any member
of the Legislature who is sued in that member's official capacity, or
any individual who is sued in that individual's capacity as an agent
of the Legislature in any court of this state or of the United
States.
(2) Employment of legal counsel
under this section must be authorized by:
(a) A vote of a majority of the
members of the Executive Board of the Legislative Research Council;
or
(b) Concurrent resolution adopted by
both houses of the Legislature.
Section
3. That § 4-8A-17 be AMENDED:
4-8A-17.
Legislative
priority pilot program contingency fund created.
On
June 29, 2015, the state treasurer shall transfer to the legislative
priority pilot program contingency fund, which is hereby created, the
sum of one million dollars ($1,000,000) from the South Dakota risk
pool fund created by § 58-17-120. The contingency funds are
to be made available in accordance with the provisions of §§ 4-8A-9,
4-8A-10,
4-8A-11,
and 4-8A-12.
The contingency funds shall be used to fund legislative priority
pilot programs and the cost of employment of legal counsel under
§ 2-18-2. Interest earned on money in the fund shall be
deposited into the general fund.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
Overstrikes
indicate deleted language.