22.93.12 97th Legislative Session 906

2022 South Dakota Legislature

House Bill 1055

Introduced by: Representative Ernie Otten

An Act to require informational transparency regarding the issuance of executive orders.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 2-9 be amended with a NEW SECTION:

Within fourteen days after the date on which the Governor issues, amends, or rescinds an executive order, the Executive Board of the Legislative Research Council may hold a hearing to review the order. The Governor or the head of the state agency charged with implementing the order, together with appropriate senior staff, shall appear at the hearing and shall provide to the executive board information regarding:

(1) The nature and scope of the order;

(2) The circumstances requiring the order; and

(3) Any obligations, restrictions, or attendant costs imposed on public sector or private sector entities, or on residents of this state, as a result of the order.

A hearing conducted by the executive board under this section is open to the public and must also be accessible to the public electronically.

The executive board shall provide an opportunity for members of the public to provide testimony at the hearing and to submit written comments for inclusion in the record.

This section does not apply to any executive order issued in accordance with S.D. Const. Art. IV, § 8.

Underscores indicate new language.

Overstrikes indicate deleted language.