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26.750.11 101st Legislative Session 146
2026 South Dakota Legislature
Senate Bill 146
Introduced by: Senator Pischke
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to clarify the effect of the resignation of certain gubernatorial appointees. 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
Section 1. That § 3-4-11 be AMENDED: 3
3-4-11. If any position on a board or commission whose members are appointed 4
by the Governor with the consent of the Senate becomes vacant pursuant to § 3-4-1, the 5
Governor may make an interim appointment to fill the vacancy , but any and the Senate 6
must act upon the appointment. The interim appointment expires when the Senate acts 7
upon the appointee's nomination. 8
If the vacancy is any position on a board or commission whose members are 9
appointed by the Governor with the consent of the Senate becomes vacant as the result 10
of a resignation, the person who has resigned remains must continue to serve on the 11
board or commission until the earlier of: 12
(1) The Governor appoints a appointing another person with the consent of the Senate 13
or makes; 14
(2) The Governor making an interim appointment to fill the vacancy or until, which 15
must be acted upon by the Senate; or 16
(3) Until a date set in writing by the person who resigned, whichever is sooner. 17
If a person's term on the board or commission has expired, the person remains on 18
the board or commission until the Governor appoints another person and the Senate 19
consents to the appointment of the Governor's nominee or until the Governor reappoints 20
the same person and the Senate acts upon consents to the renomination of the person 21
whose term has expired. 22
If a person's term on a board or commission has expired and the Governor does 23
not nominate a another person for the new term by the tenth legislative day after the 24
Legislature convenes, the person whose term has expired is deemed to be renominated 25
for the new term and the Senate may shall act on the nomination accordingly. If a person 26
26.750.11 2 146
Underscores indicate new language.
Overstrikes indicate deleted language.
is unable to serve an additional term due to a term limit, the person is not deemed 1
renominated pursuant to this section and may not remain on the board or commission 2
pursuant to this section after the adjournment of the next legislative session after the 3
person's term expires. 4
This section applies to any board or commission whose members are appointed by 5
the Governor with the consent of the Senate, unless the board or commission is specifically 6
exempted from this section by law. 7