Guide To Legislative Drafting: Revised 202 1

Guide to
Legislative Drafting
Revised 2021
TABLE OF CONTENTS
1. LEGISLATIVE DRAFTING IN SOUTH DAKOTA ................................... 1
2. GLOSSARY ....................................................................................... 2
3. ESSENTIAL COMPONENTS OF A BILL ............................................... 4
3.1. BILL NUMBER
3.2. SPONSORS
3.3. TITLE
3.3.1. ACTIVE VERBS
3.3.2. NECESSARY BILL TITLE PHRASES
3.4. ENACTING CLAUSE
3.5. BODY OF THE BILL
3.5.1. PURPOSE
3.5.2. SINGLE SUBJECT
3.5.3. BILL SECTIONS
3.6. CATCHLINES
4. COMMON COMPONENTS OF A BILL................................................. 10
4.1. DEFINITIONS
4.1.1. IN GENERAL
4.1.2. DEFINITIONS OF CONVENIENCE
4.1.3. DEFINITIONS OF LEGAL SUBSTANCE
4.1.4. ACRONYMS AND INITIALISMS
4.1.5. USE OF SHORT FORM FOR TERMS
4.1.6. DRAFTING NEW SECTIONS
4.2. PENALTIES
4.3. EFFECTIVE DATES
4.3.1. IN GENERAL
4.3.2. EMERGENCY
4.3.3. DELAYED IMPLEMENTATION
4.3.4. SUNSET PROVISIONS
5. RARE COMPONENTS OF A BILL ...................................................... 19
5.1. DECLARATION OF PURPOSE OR LEGISLATIVE INTENT
5.2. LEGISLATIVE FINDINGS
5.3. SEVERABILITY CLAUSES
5.4. SHORT TITLES
5.5. COMPENSATION FOR COMMISSION MEMBERS
5.6. RETROACTIVITY
5.7. CODE COMMISSION AUTHORIZATION CLAUSE
6. APPROPRIATIONS ......................................................................... 23
7. RESOLUTIONS AND COMMEMORATIONS ........................................ 25
7.1. JOINT RESOLUTIONS
7.2. CONCURRENT RESOLUTIONS
7.3. SIMPLE RESOLUTIONS
7.4. RESOLUTIONS OF DISAPPROVAL
7.5. COMMEMORATIONS
7.6. DRAFTING RESOLUTIONS AND COMMEMORATIONS
8. PROPER FORM AND STYLE IN BILL DRAFTING ............................... 27
8.1. MAINTAINING CONSISTENCY
8.2. NEW, AMENDED, AND REPEALED STATUTES
8.3. NUMBERING STATUTORY MATERIAL
8.4. USING APPROPRIATE LANGUAGE AND WRITING STYLES
8.4.1. IMPERATIVE, PERMISSIVE AND PROHIBITIVE CONSTRUCTION
8.4.2. ACTIVE VOICE
8.4.3. SINGULAR SUBJECT
8.4.4. COMMON, CONCISE LANGUAGE
8.4.5. USE OF "CHAPTER" INSTEAD OF "ACT"
8.4.6. USE OF SHORT VERSION OF NOUNS IN BILLS
8.4.7. TIME
8.4.8. CAPITALIZATION
8.4.9. USE OF EXAMPLES
8.4.10.GENDER
8.4.11. PERSON-FIRST LANGUAGE
8.4.12. USE OF TRADE, NONGOVT ORGANIZATION, OR BRAND NAMES
8.4.13. HYPHENATION
8.4.14. NUMBERS
8.5. USING PROPER PUNCTUATION
8.6. REFERRING TO EXISTING LAW
8.7. USING INTERNAL REFERENCES
8.8. ESTABLISHING INTEREST RATES
8.9. INTERSTATE COMPACTS
9. WORD PREFERENCES ..................................................................... 42
9.1. AVOIDING CERTAIN WORDS
9.2. AVOIDING CERTAIN DESCRIPTORS AND PHRASES
9.3. USING “PERSON” OR “INDIVIDUAL”
9.4. USING “THAT” OR “WHICH”
9.5. USING "LESS" OR "FEWER"; "GREATER" OR "MORE"
9.6. USING "WHETHER" OR "WHETHER OR NOT"
10. CHECK LIST FOR BILL DRAFTING ................................................... 47
11. AMENDMENTS ................................................................................ 48
11.1. AMENDMENT EXAMPLES
11.2. SECTION RENUMBERING
11.3. INTERNAL REFERENCES
12. RULE-MAKING AUTHORITY ............................................................ 50
12.1. ADMINISTRATIVE PROCEDURES ACT (SDCL CH. 1-26)
12.2. RULES FOR NEW PROGRAMS
12.3. NARROW AND SPECIFIC RULE-MAKING AUTHORITY
12.4. AMENDING RULE-MAKING AUTHORITY
12.5. AMENDING ADMINISTRATIVE RULE VIA STATUTE
13. APPENDIX ..................................................................................... 53
13.1. AMENDING A SECTION OF THE CODE
13.2. AMENDING A SECTION OF SESSION LAW
13.3. ADDING A NEW SECTION TO THE CODE
13.4. ADDING A NEW SUBDIVISION TO A SECTION OF THE CODE
13.5. REMOVING A SUBDIVISION FROM A SECTION OF THE CODE
13.6. REPEALING A SECTION OF THE CODE
13.7. REPEALING MULTIPLE SECTIONS OF THE CODE
13.8. REPEALING A SECTION OF A SESSION LAW
13.9. AMENDING OR REPEALING A SECTION OF A PREVIOUSLY ENACTED
BILL IN THE SAME SESSION
13.10. DECLARING AN EMERGENCY - FOR IMMEDIATE PRESERVATION OF
PUBLIC PEACE, HEALTH, OR SAFETY
13.11. DECLARING AN EMERGENCY - FOR SUPPORT OF STATE
GOVERNMENT
13.12. ESTABLISHING A DELAYED EFFECTIVE DATE
13.13. ESTABLISHING A SUNSET DATE
13.14. ESTABLISHING A CIVIL PENALTY
13.15. REFERENCING FEDERAL STATUTES
13.16. REFERENCING FEDERAL RULES
13.17. ADOPTING AN UPDATE TO A REFERENCE TO A FEDERAL LAW
13.18. MAKING A SPECIAL APPROPRIATION
13.19. MAKING A SPECIAL APPROPRIATION ASSOCIATED WITH
CONSTRUCTION OF CAPITAL IMPROVEMENTS
13.20. ESTABLISHING A CONTINUOUS APPROPRIATION IN THE CODE
13.21. ESTABLISHING AN INTEREST RATE
13.22. JOINT RESOLUTION
13.23. CONCURRENT RESOLUTION
13.24. SIMPLE RESOLUTION
13.25. RESOLUTION OF DISAPPROVAL
13.26. COMMEMORATION
1. LEGISLATIVE DRAFTING IN SOUTH DAKOTA
An Overview
There is no one correct way to draft legislation, but there is a preferred

style and form in each legislative setting that guides drafters in their work.
The style that is preferred in South Dakota is explained and illustrated in this
manual.
The purpose of this manual is to provide the information necessary to

produce a usable and understandable bill draft. Joint Rule 6A-5 of the rules
of the South Dakota Legislature requires that all legislation be reviewed for
style and form by the Legislative Research Council before introduction.
The cardinal principle of legislative drafting is to minimize the possibility

of misunderstanding. Complex, legalistic language or the "boilerplate" often
found in old statutes is undesirable because it is not easily understood by
anyone. The simplest way to state a proposition accurately is usually the
best.
Unfamiliarity or inexperience should not prevent a person from making

an attempt to draft legislation. Experience provides the best instruction. This
manual provides template language for various bill types, concurrent
resolutions, joint resolutions, commemorations, House or Senate (simple)
resolutions, and resolutions of disapproval. Should these resources not
satisfy, one may look at an example of a particular type of bill or resolution
that has been drafted for the current year or prior years on the LRC website,
http://sdlegislature.gov.
For any questions regarding the drafting of legislation, please contact the
Legislative Research Council.
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2. GLOSSARY
ACT. An Act is a bill that has been approved by both houses of the Legislature
in identical form and signed by the Governor, or, if vetoed, passed over the
Governor's veto. An Act is distinct from a resolution.
AMENDMENT. An amendment is an alteration proposed to a bill or resolution
adding to, substituting for, or deleting material.
APPROPRIATION. An appropriation is an amount of money set apart by
legislative act to be expended for a specific purpose within a specific time period.
BILL. A bill is a proposed law that has been introduced in the Legislature for
consideration.
BODY OF A BILL. The body of a bill is the main text of the bill. Everything
following the enacting clause is part of the body of the bill.
CATCHLINE. The catchline is the boldface material between the codifiedsection
number and the section material in the South Dakota Codified Laws. The catchline
is a summarization of the material in the section, but it is not a part of the statute.
COMMEMORATION. An expression of the Legislature recognizing service or
achievements of national or statewide importance or sorrow over a death or loss.
Commemorations are done in the form of a resolution and are entered in the
journals. A commemoration is not voted upon and is approved if no timely objection
is made by a member of the Legislature.
CONCURRENT RESOLUTION. A concurrent resolution is a form of legislation
that does not have the force of law but may stimulate some other governmental
agency or the public to take some appropriate action. A concurrent resolution is
used to express an opinion or principle of the Legislature, to authorize interim
studies, instruct a department of state government, or to petition federal agencies.
CONSTITUTION. The Constitution is the fundamental law of the state.
Amendments to the Constitution must be approved by a vote of the people. An Act
is illegal if it violates the provisions of the Constitution.
DRAFT. A draft is any piece of written legislation, at whatever stage of
preparation, that has not yet been introduced as a bill or offered as an amendment.
ENGROSS. Engross means to incorporate the amendments and corrections into
the text of the bill after a committee or either house has adopted it.
ENROLL. Enroll means to prepare a bill as an Act to be presented to the
Governor after it has passed both houses.
HOGHOUSE. A hoghouse is a bill in which everything after the enacting clause
has been deleted and new material substituted. This term is unique to the South
Dakota legislative process.
HOUSE. When used generally, house refers to either the Senate or the Houseof
Representatives. The term, the House, refers to the House of Representatives.
INTERNAL REFERENCE. An internal reference is a citation within the body ofa
bill to another section of the bill or an existing statutory provision.
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INTERSTATE COMPACT. An interstate compact is legislation enacted in
identical or very similar form by two or more states. Only changes which affect the
internal operation of the compact within the state should be made in drafting an
interstate compact, even though its style and form may vary from normal South
Dakota usage.
JOINT RESOLUTION. A joint resolution is used primarily to propose
amendments to the South Dakota Constitution and to ratify amendments to the
United States Constitution.
LEADLINE. A leadline introduces a section in a bill which amends or repeals
existing law or which contains new material that should be placed within a particular
portion of the Code.
MODEL LEGISLATION. Model legislation is suggested language for a bill
published by interested parties. The drafting of model legislation requires the
drafter to remove contradictory existing provisions that already exist in state law
and to conform the model legislation to South Dakota style and form.
RESOLUTION OF DISAPPROVAL. A resolution of disapproval is used to
suspend the operation of certain executive orders dealing with governmental
reorganization.
SESSION LAWS. The session laws are a compilation of all Acts of the
Legislature for a given session and include private, local, and special laws or
appropriations which are not printed in the Code because of their temporary nature.
These volumes also contain the text of each proposed amendment to the
Constitution.
SIMPLE RESOLUTION (e.g., HOUSE RESOLUTION, SENATE
RESOLUTION). A simple resolution is a form of legislation initiated and passed in
one house only. A resolution is used to express an opinion or principle of one house,
to make a request of the other house, to regulate procedure, to initiate
impeachment proceedings in the House of Representatives or to refer to the
Executive Board of the Legislative Research Council a topic for possible study by an
interim study committee.
SOUTH DAKOTA CODIFIED LAWS. The South Dakota Codified Laws, also
known as the Code, is often abbreviated SDCL and is the current codification of
South Dakota statutes of a general nature. It does not include appropriations, local,
or special laws. SDCL is divided by subject matter into titles that are further divided
into chapters and sections.
TITLE. Title may mean either a group of related chapters in the Code or the title
of a bill or resolution.
UNIFORM ACT. Uniform acts are suggested pieces of legislation published by
the National Conference of Commissioners on Uniform State Laws in its annual
handbook, and by the Council of State Governments annually in a volume entitled,
Suggested State Legislation, or by the Uniform Laws Commission. The drafting of
a uniform act may require a great deal of additional work on the part of the drafter
to remove contradictory existing provisions that may already exist in state law, as
well as minor style and format changes.
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3. ESSENTIAL COMPONENTS OF A BILL
A bill consists of:
(1) A bill number;

(2) Sponsorship;
(3) A title;
(4) An enacting clause; and
(5) The body of the bill.
bill number
sponsorship
title
enacting
Introduced by: clause
leadline
body of bill
a NEW SECTION be added to chapter 1-6:
3.1. a NEW SECTION be added to title 1:
5 4
3.1. BILL NUMBER
The bill is assigned an official sequential number at the time the bill isintroduced.
In the case of prefiling, when the bill is introduced prior to the start ofthe legislative
session, the Director of the Legislative Research Council assigns thebill number.
The Senate and House of Representatives utilize the following numbering
sequences:
• Senate Bills begin with 1;

• Senate Joint Resolutions begin with 501;
• Senate Concurrent Resolutions begin with 601;
• Senate Resolutions begin with 701;
• Senate Commemorations begin with 801;
• Senate Resolutions of Disapproval begin with 901;
• House Bills begin with 1001;
• House Joint Resolutions begins with 5001;
• House Concurrent Resolutions begin with 6001;
• House Resolutions begin with 7001;
• House Commemorations begin with 8001; and
• House Resolutions of Disapproval begin with 9001.
Accordingly, the bill number also indicates the house of origin. Bills are
generally referred to by their complete number (e.g., Senate Bill 39, rather than
Bill 39).
3.2. SPONSORS
No draft may be introduced as a bill without at least one individual legislative

sponsor or the sponsorship of a legislative committee. The sponsorship is placed on
the first page of the bill immediately before the title.
If the draft legislation has legislative sponsors, only the name of the prime
sponsor of the bill will appear on a bill. The names of any co-sponsors of the bill will
appear as part of the bill's history, which can be found on the website of the
Legislative Research Council.
Following are examples of preferred usage:
The example below indicates that Senator Smith is the prime sponsor.
Introduced by: Senator Smith
If a member wishes to indicate that the introduction of a particular bill is at the

behest of a constituent or other private person, the legislator may affix the term,
by request, to the end of the introduction line. However, this is not frequently
done.
Introduced by: Senator Gerhardt by request
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Any bill introduced at the request of a department, board, commission, or other
state agency must be prefiled as a committee bill and must indicate the name of
the state agency at whose request the bill is being introduced.
Introduced by: The Committee on Health and Human Services at the

request of the Department of Health
Introduced by: The Committee on Commerce and Energy at the

request of the Electrical Commission
If requested by the Governor or the Chief Justice of the Supreme Court, a bill
may also be introduced by a standing committee. SDCL 2-7-6.1.
Introduced by: The Committee on State Affairs at the request of the

Governor
Introduced by: The Committee on Judiciary at the request of the

Chief Justice
3.3. TITLE
Article III, section 21 of the State Constitution states that “No law shall embrace
more than one subject, which shall be expressed in its title.”
The title should briefly summarize, in a general statement, the subject of the
proposed legislation so that a reader can understand what the enactment of the bill
would accomplish without reading the body of the bill. It should be clear and direct.
Where a bill addresses multiple issues, the title should become more
generalized, but it should remain as clear and direct as is accurate. In these cases,
the title should be broad enough so that a minor change to the specifics of the bill
will not necessitate a title amendment, but not too broad (see Other Bill Title
Phrases below).
Direct citations to existing laws should not be made in the title. In other words,
no section number should appear in a title (e.g., "section 3-1-1," "§ 3-1-1," "SDCL
3-1-1"). Code sections are not self-explanatory. A title must describe the proposed
law.
The title should be written after the bill has been drafted. Only after drafting the
entire bill can one accurately capture the bill's contents.
3.3.1. ACTIVE VERBS
A title should only use active verb forms, which will express the purpose
of the bill.
Some of the most commonly used active verb forms are:
6
add appropriate authorize clarify
codify create declare define
delete direct establish exempt
extend increase limit modify
permit prohibit provide reduce
regulate remove rename repeal
require restrict retain revise
subject transfer update
3.3.2. BILL TITLE PHRASES
If a bill includes an appropriation, a new tax or tax increase, or if the bill is

intended to be effective immediately upon final approval, or if it includes a new or
increased civil or criminal penalty provision, then use the following phrases in the
title, in the order depicted:
• and to provide a penalty therefor

• and to make an appropriation therefor
• and to increase a tax
• and to declare an emergency
The word "therefor" is included with certain phrases because it is necessary to

show in the title that the "penalty" or "appropriation" relates back to the subject in
the remainder of the title. The last three phrases alert the legislators of the
necessity for a two-thirds vote on final passage. However, omission of a reference
to the emergency clause in the title will not ordinarily affect the legality of the Act
or render the emergency clause ineffective. The phrase "and to provide a penalty
therefor" should be used whenever a felony penalty is established or increased by
a bill. The phrase "and to increase a tax" should be added whenever a new tax or
tax increase is proposed, or a new fee or fee increase is proposed, if the fee
proceeds are not merely used to cover the cost and expense of supervision or
regulation. An appropriation is any bill section that authorizes the disbursement of
public revenue.
Lastly, pursuant to Joint Rule 6A-6, a bill introduced for the sole purpose of
repealing an existing law shall indicate that the act is to "repeal provisions regarding
[the subject matter of those repealed provisions]." Here again, a direct citation
(e.g., SDCL 3-1-1) may not be used.
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Correct An Act to repeal the use of explosives, pyrotechnics, and
fireworks for the protection of sunflower crops from
depredating birds.
Correct An Act to repeal the sunset clause regarding the recreational
use of nonmeandered water.
3.4. ENACTING CLAUSE
Article III, section 18 of the State Constitution requires that each bill introduced
in the Legislature contain an enacting clause that must always read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
In the instance of popular legislation (initiated measures), article III, section 1

of the State Constitution requires that the law contain an enacting clause that reads
as follows:
BE IT ENACTED BY THE PEOPLE OF SOUTH DAKOTA:
The enacting clause of a bill always immediately follows the title. Any legislative
amendment to delete the enacting clause has the effect of killing the bill.
3.5. BODY OF THE BILL
3.5.1. PURPOSE
The body of the bill sets forth the material intended to be enacted. The purposes
may be one or any combination of the following:
• enactment of new substantive law

• amendment of existing law
• repeal of existing law
• appropriation of funds
Less frequently the purpose of a bill may be the validation or ratification of

some governmental action.
3.5.2. SINGLE SUBJECT
If any question arises as to whether a bill embraces more than one

subject, it is better to draft separate bills than to include provisions of
questionable relationship under a single title.
3.5.3. BILL SECTIONS
The body of the bill should be divided into sections of convenient length,
comprised of plainly worded, short sentences. The language should be understood
by most people. Short sections facilitate reference to particular provisions.
8
Generally, each distinct proposition should be in a separate section, which, in turn,
may be divided into subdivisions, if necessary. The sections in the body of the bill
should be identified as follows: Section 1, Section 2, etc.
The body of the bill may contain any number of sections and provisions, so long
as each section relates to the single subject expressed in the title and is germane
to the subject of the bill.
3.6. CATCHLINES
The material in the South Dakota Codified Laws at the beginning of each section
following the section number is called the catchline. The catchline is designed to
summarize the statutory material. A catchline is not a part of the law. SDCL 2-14-
9, 2-16-13.1. Bills should not include the catchlines.
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4. COMMON COMPONENTS OF A BILL
Common components of a bill are as follows:
4.1. DEFINITIONS
4.1.1. IN GENERAL
It is frequently desirable to define words in a bill to assure clarity and precision

of meaning. Definitions are also useful to avoid repetition.
If, however, a word has a clear, definite, and common meaning

applicable to the law in question, a definition is unnecessary and might
cause confusion. SDCL 2-14-1 provides that each word should be construed
according to its common usage. In other words, the common meaning of a term
applies unless statute expressly provides otherwise.
For example, SDCL 2-14-2 defines words that apply to each law unless
the context plainly requires otherwise or the Legislature has otherwise
established a special definition.
WORDS AND TERMS DEFINED UNDER SDCL 2-14-2 INCLUDE:
according to usage several

adult signature or subscription
children state
compound interest testify
corporate surety third persons
creditor township boards
day usual and customary
debtor valuable consideration
decree verdict
depose voter
folio will
full-time equivalent or FTE writing, written
good faith year
Indian tribe
month
municipality
oath
person
personal property
population
property
real property
seal
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4.1.2. DEFINITIONS OF CONVENIENCE
If a section containing definitions is needed, the definition section should

follow substantially the following form:
Section 1. That § 83-1-1 be AMENDED:
83-1-1. Terms used in this Act chapter mean:

(1) "Agricultural property," all property and land used exclusively for
agricultural purposes, both tilled and untilled, and the improvementson
the land, including barns, farm land, grain storage, pasture land,
stables, and other buildings housing agriculture implements;
(2) "Department," the Department of Agriculture and Natural Resources;
(3) "Insects," all arthropods, mollusks, and annelid worms except those
that produce disease in man;
(4) "Secretary," the secretary of the Department of Agriculture and
Natural Resources; and
(5) "South Dakota-Nebraska boundary waters" all waters of Lake
Yankton, Lake Lewis and Clark, and the Missouri River, forming the
South Dakota and Nebraska mutual boundary.
In the example above, it is obvious that the term, insects, is not given its correct
scientific definition. This illustrates precisely the utility of a proper definition of
convenience. Here a specific grouping of diverse biological forms is somewhat
arbitrarily, but quite precisely, made reference to by means of a single, specially
defined word.
RULES APPLYING TO DEFINITIONS OF CONVENIENCE
• Place definitions in alphabetical order.
• If amending a definition section that is not in alphabetical order, reorder the

definitions and check cross references.
• Once a word is defined, use the word consistently throughout the draft bill.
• Do not use the term being defined in its own definition.
• Do not define a word already defined in the chapter being amended.
• Do not define a word that is not used in the bill or the law being amended.
• Do not include “unless the context requires otherwise”. This makes it very
unclear as to when the definition is being used and when it is not being used.
4.1.3. DEFINITIONS OF LEGAL SUBSTANCE
If a definition constitutes substantive law, it should not be placed in a definition

section. The following examples illustrate this point:
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99-11-56. Any sale which has been verified to be an arms-length

transaction must be included in the annual biennial study. For purposes
of this section, the term, arms-length transaction, means the transfer
of property offered on the open market for a reasonable period of time
between a willing seller and a willing buyer with no coercion or
advantage taken by either party. The director of equalization shall
analyze each sale to eliminate factors related to the sale which affect
the sale price but which do not reflect the actual value of the real
property.
43-13-16. For purposes of §§ 43-13-17 to 43-13-20.5, inclusive, the

term, wind easement, means a right privilege, whether or not stated in
the form of a restriction, option to obtain an easement, easement,
covenant, orcondition, in any deed, will, or other instrument executed
by or on behalf of any owner of land or air space for the purpose of
ensuring adequate exposure of a wind power system to the winds, or
an agreement to refrainfrom developing a wind power system.
Section 6. That chapter 89-7 be amended with a NEW SECTION:
Except for § 89-7-2, the term, artificial dairy product, may not be
construed to mean or include:
(1) Any distinctive proprietary food compound not readily mistaken

for adairy product, where such compound is customarily used on the
order of a physician and is prepared and designed for medicinal or
special dietary useonly and is prominently so labeled; . . . .
The following are exceptions to the prohibitions of this section:

(1) A person owing or occupying land and up to two guests may use
night-vision equipment, a spotlight, or other artificial light, on the
person's land; and
(2) An employee of the Department of Game, Fish and Parks may,
while performing the person's duty, use night vision equipment and
artificiallights.
For purposes of this section, the term, artificial light, means a man-
made light or lighting device that projects lamination for an unaided eye.
For purposes of this section, the term, night-vision equipment, means
an electronic or battery-powered device that enhances a person's ability
tosee in the dark. ….
This is not a mere definition of convenience but a substantive legal formulation

12
upon which rights and responsibilities depend. One of the most common drafting
errors is to treat these substantive legal formulations as definitions of convenience.
4.1.4. ACRONYMS AND INITIALISMS
Acronym and initialism use should be avoided, if possible, and may only
be used in drafting if the acronym or initialism is so widely used that readers are
more likely to recognize them than the full term. For example, a drafter may use
HIV (initialism) and AIDS (acronym). If an acronym or initialism appears in a
standard dictionary, that is often a good indication of its wide use. If an acronym
or initialism is used, it must be defined. Place the definition in alphabetical order
according to the letters in the acronym or initialism, and not according to the words
for which the letters stand.
Although frequently used in legal practice to denote titles, chapters, and sections
of the South Dakota Codified Laws, the initials SDCL should never be used in the
body of a bill. Instead, the word "title" or "chapter" or the symbol "§" should be
used as appropriate. When working within the Code and referencing other aspects
of the Code, there is no need to use the SDCL convention.
4.1.5. USE OF SHORT FORM FOR SUBSEQUENT REFERENCES TO

TERMS
Key common terms—not defined—are often repeatedly used, even in individual

sections. Repeatedly using full terms can unnecessarily add to the length of sections
and impact readability. To remedy this, the use of short form references (e.g.,
"board" for "school board") is permissible in statutes, so long as there can be no
reasonable ambiguity attributed to the short form use. Specifically, where the full
term is used once in a section, the short form can be used for all subsequent
references to the term in a section, provided that no other term in the section
contains the short form (e.g., "board of trustees" and "school board"). If a term is
key enough, and used often enough, it should be a definition of convenience or of
substance.
4.1.6. DRAFTING NEW SECTIONS
Check to see if terms akin to the bill draft section are already defined in the
chapter in which the section will likely be inserted. Use the existing defined terms
if they accurately define the terms in the new section, or use different verbiage if
they are not accurate. Below is an example in Code that highlights these concepts.
38-35-1. Definitions.
Terms used in this chapter mean:
(1) "Department," the Department of Agriculture and Natural
Resources; …
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38-35-8. Planting--Documentation to be filed--Contents.
Within thirty days of planting, each grower licensee under this chapter
shall file with the department documentation as required by the secretary
inorder to identify the type and variety of each hemp seed planted with its
corresponding lot. Any documentation provided under this section is not
anopen record pursuant to chapter 1-27 and may not be disclosed except
to the Department of Public Safety or law enforcement. The department
may make publicly available a list of all types and varieties of planted hemp
seed submitted to the department.
Only as a last resort should the bill attempt to define a term differently than thatterm is
already defined in the same chapter.
4.2 PENALTIES
A bill requiring or prohibiting certain actions may provide criminal or civil

penalties for violations. More specifically, a section that describes the required or
prohibited action should also contain the penalty for any violation of the section.
The violation should be written as one of the existing classes of felonies or
misdemeanors, SDCL 22-1-4; as a petty offense, SDCL 23-1A-22; or as having a
civil penalty. This eliminates the need to specify the punishment and provides
consistency within the Code. The current classifications of penalties are as follows:
FELONIES (SDCL 22-6-1)
(1) Class A felony: death or life imprisonment in the state penitentiary. A

lesser sentence than death or life imprisonment may not be given for a
Class A felony. In addition, a fine of fifty thousand dollars may be
imposed;
(2) Class B felony: life imprisonment in the state penitentiary. A lesser
sentence may not be given for a Class B felony. In addition, a fine of
fifty thousand dollars may be imposed;
(3) Class C felony: life imprisonment in the state penitentiary. In addition,
a fine of fifty thousand dollars may be imposed;
(4) Class 1 felony: fifty years imprisonment in the state penitentiary. In
addition, a fine of fifty thousand dollars may be imposed;
(5) Class 2 felony: twenty-five years imprisonment in the state
penitentiary. In addition, a fine of fifty thousand dollars may be
imposed;
(6) Class 3 felony: fifteen years imprisonment in the state penitentiary. In
addition, a fine of thirty thousand dollars may be imposed;
(7) Class 4 felony: ten years imprisonment in the state penitentiary. In
addition, a fine of twenty thousand dollars may be imposed;
(8) Class 5 felony: five years imprisonment in the state penitentiary. In
addition, a fine of ten thousand dollars may be imposed; and
(9) Class 6 felony: two years imprisonment in the state penitentiary or a
fine of four thousand dollars, or both.
14
MISDEMEANORS (SDCL 22-6-2)
(1) Class 1 misdemeanor: one year imprisonment in a county jail or two

thousand dollars fine, or both; and
(2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five
hundred dollars fine, or both.
PETTY OFFENSES (SDCL 23-1A-22)
If the plaintiff prevails in a petty offense case, the plaintiff is granted a

judgment of twenty-five dollars. However, the trial court may reduce or eliminate
the award in the interest of justice. No award may be granted a defendant in a
petty offense case. A petty offense is treated as a civil matter, with the state named
as the plaintiff. SDCL 22-6-77.
CIVIL PENALTY
A civil penalty is a financial payment assessed by a court or state agency for

violation of a statute or rule. It is primarily sought to compensate the state for
harm done to it. Any bill including a civil penalty should indicate who is assessing
the civil penalty and also where any civil penalty collected will be deposited. It
should also include a limit on the amount of the penalty. A single act may result
in both a civil and criminal sanction. An example of a section of law containing a
civil penalty is as follows:
Section 1. That chapter 37-25A be amended with a NEW SECTION:
The director may impose a civil penalty against a person named in an

order issued under § 37-25A-30 for violation of §§ 37-25A-7, and 37-25A-
43 to 37-25A-46, inclusive. The amount of the civil penalty may not exceed
five thousand dollars for each act or omission that constitutes the basis for
issuing the order. Any civil penalty collected pursuant to this section shall
be deposited into the state general fund. The civil penalty may only be
imposed:
(1) Following an opportunity for a hearing under § 37-25A-30 if

notice delivered to all named persons includes notice of the director's
authority to impose a civil penalty under this section; or
(2) As part of an order issued pursuant to subdivision 37-25A-30(1)

if the order is stipulated to by each person subject to the civil penalty.
DETERMINING THE APPROPRIATE PENALTY
The following may assist the drafter in determining an appropriate penalty for
the violation of the law:
15
• Felonies: serious injury to persons or property.
• Class 1 misdemeanors: minor injury to property.
• Class 2 misdemeanors:
o Failure to carry out a mandatory duty.
o Violations of an agency rule or regulation.
o Violations of health or safety laws.
• Petty offenses: nuisances that cause no serious injury.
• Civil penalties: violations that are regulatory in nature and do not require
knowledge of the wrongness of the act.
IDENTIFYING THE PENALTY
Excepting civil penalties, as they comprise their own section as provided above,
always place the penalty in the section in which the required or prohibited action is
described by adding a sentence such as:
"A violation of this section is a Class 2 misdemeanor."

or
"A violation of this section is a petty offense."
PRISON OR JAIL POPULATION COST ESTIMATES (SDCL 2-9-33)
A bill or amendment that impacts the population of a state prison may require
a prison population cost estimate. The requirement applies if the bill or
amendment increases the period of imprisonment authorized for an existing crime
that has a felony penalty, adds a new crime with a felony penalty for which
imprisonment is authorized, imposes a minimum or mandatory minimum term of
imprisonment, or modifies any law governing the release of a prisoner from
imprisonment or supervision. The estimates are prepared by the Legislative
Research Council and need to be completed before final disposition is taken on
the bill.
4.3 EFFECTIVE DATES

4.3.1. IN GENERAL
Any Act that does not express an effective date or an emergency clause, if passed
at the regular session, takes effect on the first day of July after its passage. If the
legislation is passed during a special session, the law takes effect on the 91st day
after final adjournment of the session, unless prescribed otherwise in the bill.
16
Legislation passed during a regular session can take effect 90 days after the
adjournment of session but before July 1, without needing an emergency clause,
so long as the bill prescribes when it takes effect. Example language is provided
below.
Section 27. This Act is effective June 28, 2021.
The early implementation clause can apply to the entire Act (as shown above)
or it can apply to only certain sections (as shown below). If the early
implementation clause applies only to certain sections of the Act, the other sections
take effect on July 1 of the year of passage, unless otherwise stipulated.
Section 40. Sections 27 to 39, inclusive, of this Act are effective on June
28, 2021.
4.3.2. EMERGENCY
An emergency clause gives effect to an Act of the Legislature immediately upon

approval by the Governor. If a bill contains an emergency clause, the bill
requires concurrence by two-thirds of the members of each house and
must be a true emergency. The emergency clause is used for:
(1) The support of state government; or

(2) The immediate preservation of public peace, health, or safety.
The title of the bill should make reference to the fact that an emergency
clause is in the bill. An emergency clause, when required, should be the last
section of the bill, in one of the forms listed below.
Bills relating to taxation, the raising of revenue, or appropriations should use

the following "support of state government" form:
For the Support of State Government
Section 10. Whereas, this Act is necessary for the support of the state
government and its existing public institutions, an emergency is hereby
declared to exist, and this Act shall be in full force and effect from and after
its passage and approval.
Bills that are regulatory in nature should use the "preservation of public peace"
form as follows:
17
For the Immediate Preservation of Public Peace, Health, or Safety
Section 20. Whereas, this Act is necessary for the immediate

preservation of the public peace, health, or safety, an emergency is hereby
declared to exist, and this Act shall be in full force and effect from and after
its passage and approval.
4.3.3. DELAYED IMPLEMENTATION
The implementation of an Act may be delayed until some later date. This is
accomplished by inserting a delayed implementation clause as shown below.
Section 30. This Act is effective on January 1, 2022.
The delayed implementation clause can apply to the entire Act (as shown above)
or to only certain sections (as shown below). If the delayed implementation clause
applies only to certain sections of the Act, the other sections take effect on July first
of the year of passage, unless otherwise stipulated.
Section 40. Sections 27 to 39, inclusive, of this Act are effective

onJanuary 1, 2022.
4.3.4. SUNSET PROVISIONS
It is also possible to require an Act or sections of an Act to be automatically

repealed (or sunsetted) on a certain date:
Section 35. The provisions of this Act are repealed on June 30, 2023.
For the sake of clarity, where the bill sponsor wants to automatically repeal an
Act that amends existing statute, with the intention that the prior codified statutory
language should revert, use the following language:
Section 35. The provisions of this Act are repealed on June 30, 2023,
and Code sections amended by this Act will revert in word and substance
to that which existed immediately prior to the effective date of this Act.
18
5. RARE COMPONENTS OF A BILL
The following bill components are sometimes seen in other states. They are
generally avoided in this state, but may be used in rare instances.
5.1. DECLARATION OF PURPOSE OR LEGISLATIVE INTENT
A well-drafted bill should not need a declaration of purpose or other statement

of legislative intent as:
• Courts will look to the plain language of the statute's operative provisions to
obtain legislative intent, and only look to declarations of purpose where that
plain language is ambiguous;
• Declarations of purpose are not binding on courts; and
• Well-written law plainly informs the public of their duties, obligations,
privileges, and prohibitions, leaving no need to resort to the abstract
intentions of the Legislature.
However, in the rare occurrence that a statement of policy or purpose is to be

included, it is ordinarily the first section of the bill and should be short and concise.
An improperly worded statement of purpose may cause serious problems of judicial
interpretation. If such a statement is used, it might appear in the following form:
Section 1. In enacting legislation to provide loans and scholarships for

the study of medicine, it is the intention of the South Dakota Legislature to
alleviate the shortage of physicians.
While declarations of purpose can be found in the South Dakota Codified Laws,
and they may continue to be included in session law despite attempts to discourage
their use, by virtue of a directive issued by the Code Commission in October 2019,
such new content will no longer be codified. Additionally, such content falls under
"prefatory subject matter" that is excluded from the Code per SDCL 2-16-13.1.
5.2. LEGISLATIVE FINDINGS
The Legislature cannot alter past events or scientific facts by passing a law.
However, if construction of a statute depends on a factual situation, the Legislature
may wish to present its understanding of the situation in a "finding of fact" section.
If such a statement is needed, it might appear in the following form:
Section 1. The Legislature finds that the Lakota, Nakota, and Dakota
dialects of the Sioux Language are historically unwritten languages and are
defined as such by the provisions of Public Law 94-73 as of January 1, 2000.
The use of footnotes for legislative findings or for any purpose in a bill or
resolution is not legislative practice and is therefore discouraged.
19
As with declarations of purpose or statements of intent, legislative findings will
not be codified by virtue of the directive issued by the Code Commission in October
2019. Moreover, such content falls under "analyses" that are excluded from the
Code pursuant to SDCL 2-16-13.1.
Legislative findings typically are a product of the legislative process itself,

beginning with the committee hearings.
5.3. SEVERABILITY CLAUSES
Although severability clauses are frequently encountered in the laws of other

states, they are typically not included in any South Dakota bill. Severability is a
long-established doctrine of the Supreme Court of South Dakota, sometimes called
"the doctrine of severability." The Court is required to uphold any part of a
legislative measure that will stand on its own without the part that is
unconstitutional.1
If a uniform or model act contains a severability clause, the severability clause

may be retained to maintain uniformity among the states.
INSEVERABILITY CLAUSES
Occasionally, the reverse situation may exist. It may be desirable to indicate that
parts of the bill are not intended to be severable. In such a case, a section should
be inserted to reverse the presumption of severability:
Section 7. The provisions of this Act are essentially and inseparably

connected and interdependent.
5.4. SHORT TITLES
The use of short titles in a bill is inconsistent with the practice of codification
in South Dakota and discouraged. Short titles are titles expressed in bill text,
independent of the title required of all bills. An example in statute is provided
below:
39-8-15. Citation of chapter.

This chapter shall be known as the "South Dakota Frozen Desserts Law."
These provisions should not be included in bills because the legal purpose of
the title is already fulfilled by the constitutional title at the top of the bill. To add
another "title" only creates confusion.
Codified statute specifies that such "titles . . . constitute no part of any

statute." SDCL 2-14-9. Accordingly, new such provisions will not be codified.
1
See State ex rel. Mills v. Wilder, 73 SD 330, 42 N.W. 2d 891 (1950), and Nelson et al v. City of Miller, 83 S.D.
611, 163 N.W. 2d 533 (1968).
20
An exception may be made for Uniform State Laws, because a short title for a
uniform act indicates that courts in other states may have already construed the
provision.
5.5. COMPENSATION FOR COMMISSION MEMBERS
The Legislature does not set per diem and expense allowances of existing boards
or commissions in legislation other than a general appropriations act. For newly
created boards and commissions, the appropriations committee can temporarily set
the rates during its interim meetings between sessions.
5.6. RETROACTIVITY
On rare occasions there is a need and justification to make an Act effective

retroactively. The following clause is an example:
Each benefit provided by this Act applies to the surviving beneficiaries of

each member of the retirement system who has died since July 1, 2015.
5.7. CODE COMMISSION AUTHORIZATION CLAUSE
If a bill requires changes in many sections of the Code, it may be best to authorize
the Code Commission to implement the change. For example, if the bill sponsor
wanted to change the name of the office of "state's attorney" to "counsel for the
county," one would amend the Code section in which the office is statutorily created
and, at an appropriate place in the bill, include a section to this effect:
Section 13. That a NEW SECTION be added to title 65:
The term, state's attorney, wherever it is used in this code, means

counsel for the county. The code commission in future supplements and
revisions of the South Dakota Codified Laws shall substitute the term,
counsel for the county, and its derivatives for the term, state's attorney,
and its derivatives.
Similarly, if the bill sponsor wanted to change the name of a state agency,include a
section to this effect:
The code commission is authorized and directed in future compilation of

laws and supplements or any revision of the laws of this state to strike all
21
references to "State Historical Society" and substitute therefor "South
Dakota State Historical Society."
It is important to remember that the Code Commission is not inherently

authorized to make the above changes to Code. The Commission can correct
"apparent errors" and eliminate "obviously obsolete or ambiguous sections," but
even where the Commission has authority to "substitute terms or phraseology" like
the first example above, or "names of boards, commissions, and agencies," like the
second example, such authority only comes from the Legislature intending the
Commission to make the change "expressly or by implication." In these latter
examples, then, the change is created by statute and then the authority to
implement that change is granted to the Code Commission.
22
6. APPROPRIATIONS
Article XI, § 9 and Art. XII, § 1 of the State Constitution require an appropriation
for any money to be paid out of the treasury. Article XII, § 2 provides that only the
regular, ongoing expenses of state government are to be funded through the
General Appropriation Act. Any money not appropriated through the General
Appropriation Act must be appropriated in separate special appropriation bills each
embracing one object.
In any special appropriation bill, the method of financing should be stated as a

separate section. The appropriation section should state the officer or agency to
which the appropriation is made, its amount, the period for which it is to be used,
and the source. However, the exact amount of the appropriation should not be
stated in the bill's title.
A special appropriation bill can provide legislative intent or criteria for the
appropriation. For example, the bill can specify the following appropriation
requirements:
• Denominations of moneys awarded;

• Criteria for receiving the moneys;
• Conditions for releasing the moneys;
• The agency's duties in managing the distribution of moneys;
• Reporting requirements; and
• Outcome measures.
The elements of most special appropriation bills are very similar. As a result,
many special appropriation drafts can almost be described as filling in a blank form.
A blank form is shown below. The second section is optional if the drafter wants
to provide more legislative intent or direction regarding the appropriation. Follow it
closely when drafting a special appropriation bill and avoid using terms such as
“authorized to expend” when the term “appropriate” may be used.
Section 1. There is hereby appropriated from the _[name]

fundthe sum of $_[amount] to the
_[agency's name]
for_[the purpose(s)] .
(optional) Section 2. The appropriation provided in section 1 shall

(insertthe appropriation requirements).
Section 3. The _[agency administrator] shall approve vouchers

and the state auditor shall draw warrants to pay expenditures authorized
by this Act.
Section 4. Any amounts appropriated in this Act not lawfully

expended or obligated shall revert in accordance with the
proceduresprescribed in chapter 4-8.
23
SDCL chapter 4-8 lays out lawful authority and procedures for state
expenditures. SDCL 4-8-21 regards reverting special appropriation moneys. It
establishes a date by which all unexpended, appropriated moneys revert back to
the fund from which the moneys were appropriated. The default date is four full
fiscal years following the effective date of the special appropriation. The
appropriation can revert sooner or later if expressed in the special appropriation
bill, as shown below.
Section 4. Any amounts appropriated in this Act not lawfully

expended or obligated by July 1, 2023, shall otherwise revert in
accordance with the procedures prescribed in chapter 4-8.
Note that appropriations with effective dates prior to July 1, including those with
emergency clauses or those with an earlier effective date specified, will use current
fiscal year moneys. Those appropriations bills that are effective July 1 will use the
next fiscal year's moneys.
Examples of a special appropriation bill (Example 13.18), a special

appropriations bill for buildings or new facilities (Example 13.19), or continuous
appropriations bill (Example 13.20) can be found in the Appendix.
24
7. RESOLUTIONS AND COMMEMORATIONS
Resolutions are expressions of the sentiment or will of the Legislature. There are
four types: joint, concurrent, simple, and resolutions of disapproval. The Joint Rules
also provide for a special type of less formal resolution called a commemoration.
Each type of resolution has unique qualities.
7.1. JOINT RESOLUTION
A joint resolution is used for consideration of certain special types of legislation.

A joint resolution is used for proposing amendments to the State Constitution. A
joint resolution is also used to ratify or propose amendments to the United States
Constitution and to place measures on the ballot. A sample joint resolution can be
found in the Appendix, Example 13.22.
7.2. CONCURRENT RESOLUTION
A concurrent resolution does not have the force of a statute. A concurrent

resolution may only be used to express an opinion or principle of the Legislature,
to authorize interim studies, instruct a department of state government , or petition
federal officials or agencies. A sample concurrent resolution can be found in the
Appendix, Example 13.23.
7.3. SIMPLE RESOLUTION
A simple resolution is only acted upon by the house where it is introduced. This
resolution may be used to express an opinion or principle of that house, to
communicate to the other house, or to regulate its own procedures or conduct. A
simple resolution may be used to refer a topic to the Executive Board of the
Legislative Research Council for possible study by an interim committee. A sample
simple resolution can be found in the Appendix, Example 13.24.
7.4. RESOLUTION OF DISAPPROVAL
A resolution of disapproval permits a house of the Legislature to disapprove of

any executive order reorganizing state government that was issued during the
preceding year, pursuant to S.D. Const. Art. IV, § 8. A sample resolution of
disapproval can be found in the Appendix, Example 13.25.
7.5. COMMEMORATION
A commemoration expresses legislative recognition and is not subject to a vote.

Instead, if any member makes a timely objection to a commemoration, the
commemoration fails. Commemorations should deal only with congratulations or
condolences, expressions of gratitude, or recognition of a special event or
celebration. A sample commemoration can be found in the Appendix, Example
13.26.
25
7.6. DRAFTING RESOLUTIONS AND COMMEMORATIONS
Most concurrent or simple resolutions consist of a title, a preamble, and a body.
The title states the type and subject of the resolution. It should be clear, concise,
and give an accurate description of the resolution's contents.
The preamble is a series of "Whereas" clauses that describe the situation or

conditions for which the resolution proposes action. Language in a preamble may
be more literary or rhetorical than would be appropriate in other forms of legislation.
A joint resolution does not ordinarily contain a preamble.
The preamble of a commemoration should not contain more than three

short "Whereas" clauses since commemorations are usually enrolled as
one-page documents suitable for framing. Example 26 in the Appendix is a
good guide for the maximum length of a commemoration that is able to fit
on one page.
The body of a resolution is the closing, or resolving clauses, which propose action
or express the opinion of the Legislature.
26
8. PROPER FORM AND STYLE IN BILL DRAFTING
8.1. MAINTAINING CONSISTENCY
When it comes to bill drafting, consistency is key. Consistency, rather than

variety, in language, organization, and arrangement is a prime rule in good bill
drafting. The same word or phrase should be used to denote the same thing
throughout a bill. New bill language should utilize the same terms used inthe
statutes to which it is added.
Terms that are defined in a bill should be repeated exactly and without variation
in each portion of a bill following the definition. Sections similar in substance should
be similarly arranged and outlined.
By following the rule of consistency, the drafter eliminates, to a great extent,

the possibility of misinterpretation and disagreement over the content of the bill.
The use of synonyms, merely for the sake of variety, leads to the possibility of
divergent constructions of the language or at least uncertainty as to why the
synonym was used.
Correct If a student has been assigned by the board of the school district in which
the student resides or has been assigned as provided by law, the board
shall pay the student's tuition.
Incorrect If a student has been assigned by the board of the school district where
the child has a school residence or has been assigned as provided by the
statute, the school board shall pay the pupil's tuition.
8.2. NEW, AMENDED, AND REPEALED STATUTES
When amending existing statutes, the parts that are to be deleted must be
overstricken and new material must be underscored. New material always
follows the overstricken material. Do not reverse the order.
If the material to be overstricken consists of more than one sentence, any new
or underscored material replacing the old or stricken material should be inserted at
the end of the stricken material. Periods should be carried to the end of the sentence
in which new material is being inserted and treatment should be the sameas in simple
amendments where new material is inserted after a specified word and before the
period.
Do not overstrike or underscore part of a word, number, or citation:
• not animals, but animal animals

• not § 32-14-79 87, but § 32-14-79 32-14-87
• not forty-five, but forty-five forty
27
When amending, repealing, adding a new section to the Code, or adding a new
chapter to the Code, use an appropriate lead line for each section of the bill:
"That § 2-23-71 be AMENDED:"
"That § 2-23-71 be REPEALED:"
"That chapter 2-23 be amended with a NEW SECTION:"
"That a NEW SECTION be added to title 2:"
"That a NEW SECTION be added to a new title:"
"That Article IX, § 1 of the Constitution of the State of South Dakota, be

AMENDED:"
"That Article IX, § 2 of the Constitution of the State of South Dakota, be

REPEALED:"
"That Article X of the Constitution of the State of South Dakota, be

amended with a NEW SECTION:"
"That the Constitution of the State of South Dakota, be amended by a

new Article with a NEW Section:"
Sections that include entirely new material must be underscored. The
lead line will indicate that it is a new section.
Ordinarily, sections of a bill amending or repealing code sections should appear

in numerical order. If, however, the bill is easier to understand by placing the most
important amended section of the bill at the front of the bill, or if the bill is
establishing a new chapter of Code, the definition section for the new chapter, the
order in which the sections appear in the bill may be altered.
Examples of bills adding new sections to the Code, amending sections of the
Code, and repealing sections of the Code can be found in the Appendix.
8.3. NUMBERING STATUTORY MATERIAL
The basic working unit of the South Dakota Codified Laws is the section. A group
of related sections form a chapter; and a group of related chapters form a title.
Ordinarily, sections are not broken down into smaller units. When this does occur,
the resulting unit is called a subdivision. In the rare event that a subdivision is
divided, the resulting unit is called a subsection.
A sample citation for a subsection might be subsection 77-3-31(2)(b).

• 77 is the title
• 3 is the chapter
• 31 is the section
• (2) is the subdivision
• (b) is the subsection
28
Graphically this arrangement could be represented as follows:
77-3-31. Introductory material:

(1) Subdivision;
(2) Subdivision;
(a) Subsection;
(b) Subsection; and
(c) Subsection; and
(3) Subdivision.
Unless subdivisions contribute to the clarity of the statute, avoid their use.
Do not create multiple subdivision lists within a section.
Do not create multiple subsection lists within a subdivision.
While the federal drafting style, which is also used in a few states, assigns a
subdivision designation to each paragraph of any multiparagraph section, this
practice is not used in South Dakota. It is not needed because most sections do
not contain more than one paragraph.
8.4. USING APPROPRIATE LANGUAGE AND WRITING STYLES
8.4.1. IMPERATIVE, PERMISSIVE AND PROHIBITIVE

CONSTRUCTION
The verbs used in legislation should be active and in the present tense. Verbs
are generally imperative, permissive, or prohibitive. This is a guide to usage:
shall = required action

may = permitted action
may only = restricted permitted action
may not = prohibited action
must = action required as a condition of something;
used with inanimate subjects
must be = required condition
is = statement of condition
The term, shall, is defined in SDCL 2-14-2.1. That section provides that, unlike
the common or legal definition, when the term is used to direct any action it
manifests a mandatory directive and does not confer any discretion in carrying out
the action so directed.
Legislation giving discretion to an officer or board using "may" should also

establish guidelines to be followed in exercising that discretion. A negative used
with "may" negates the obligation and permission to act and is the stronger
prohibition. A negative used with "shall" negates the obligation, but not the
permission, to act and therefore should be avoided. Shall may not be used to
establish a description or condition, as provided in the examples below:
29
Correct The term, commission, means the water commission.
Incorrect The term, commission, shall mean the water commission.
Correct The capital of the state is Pierre.
Incorrect The capital of the state shall be Pierre.
Do not use the word "shall" to confer a right because, in that case, the use of
"shall" implies a duty to enjoy the right.
Correct The secretary's annual salary is twenty-one thousand

dollars.
Incorrect The secretary's annual salary shall be twenty-one thousand
dollars.
"Must" should only be used rather than "shall" when the subject of the
sentence is a necessary condition, or the actor with the duty cannot be specified
in the sentence.
Necessary The agreement must establish standards to be effective.

Condition
For licensure, a person must possess the qualifications.
Actor Not The substance must be determinable by lab methods.

Specified
All documents must be in portable document format.
Because the nature of statute is to largely set directives (i.e., duties and
obligations of persons or entities) or impose obligations on specific actors, "shall"
should generally be used over "must." Consider rewriting the sentence to specify
who has the obligation to act; the draft legislation will be clearer and there will be
no need to use "must."
Put another way, "must" should only be used when a condition must exist and
the ability to phrase as a directive is not feasible or causes clarity issues.
Example The additional flag must be equal in size to or smaller than the
official United States flag.
Example The risk assumed by a health benefit plan under such healthcare
benefit coverage must be reinsured by a company authorized
to do business in this state.
30
Example The risk assumed by a health benefit plan under such healthcare
benefit coverage must be reinsured by a company authorized
to do business in this state.
8.4.2. ACTIVE VOICE
Use the active voice whenever possible. The use of the active voice expressly
identifies the principal actor—the person or entity who has a power, privilege, or
duty—as the subject of a sentence, logically followed by the mandate (i.e., verb
and object) imposed. Passive voice generally employs the opposite order—object,
verb, then subject—and is often indicated by the phrase "shall be."
Active voice The board shall appoint a director.

(subject) (verb) (object)
Passive Voice A director shall be appointed by the board.

(object) (verb) (subject)
The distinction between the correct use of active voice versus passive voice is
provided by the examples below:
Correct The judge shall determine the challenge in the same manner
as if made to an individual juror for bias.
Incorrect Such challenge shall be determined in the same manner asif
made to an individual juror for bias.
Within the use of active voice, impersonal constructions should also be avoided.
Correct The board shall appoint a director.
Incorrect It is the duty of the board to appoint a director.
Do not use a negative subject with an affirmative "shall."
Correct No person may . . . .
Incorrect No person shall . . . .
The passive voice must be used when unidentified principals are necessarily
involved.
Example All plumbing and plumbing systems must be designed,

constructed, installed, improved, extended, and altered in
substantial accord with the requirements of the 2015
Uniform Plumbing Code.
Example In the event the volunteer uncompensated worker has
never been employed, the worker shall be considered to
be earning the state minimum wage over a forty-hour
week.
31
Correct The party or attorney exercising a peremptory challenge
shall announce the challenge; but the name of the juror
challenged need not be announced.
Incorrect When a peremptory challenge is exercised it shall be

announced by the party or attorney exercising it; but the
name of the juror challenged need not be announced.
The passive voice may be used when use of the active voice would cause
awkwardness of construction. For example, one cannot generally use active voice
for an exception or condition precedent to the statute's main effect. Passive voice
should only be used when necessary for that purpose, however.
Correct If the child has been removed from the home and has been
placed in temporary custody of the department, the
department shall make reasonable efforts to return the child
to the home.
Incorrect With the exception of the president or the chief executive
officer, the directors shall be elected by the shareholder
class.
Correct The shareholder class shall elect all directors except the
president or the chief executive officer.
8.4.3. SINGULAR SUBJECT
Use the singular instead of the plural. SDCL 2-14-6 provides that words used
in the singular number include the plural, and vice-versa, as applicable.
Correct A defendant in a criminal action is presumed innocent

until thecontrary is proved.
Incorrect Defendants in criminal actions are presumed innocent
until thecontrary is proved.
8.4.4. COMMON, CONCISE LANGUAGE
Generally speaking, the use of short, simple sentences is best. Using complex
sentences often requires excessive punctuation which can be confusing and lead to
possible misinterpretation. Use shorter, simpler words whenever possible. Do not
use made-up words ending in "-ize" or "-zation." Avoid legalisms, jargon, and
redundancies.
Avoid adjectives such as "real," "true," and "actual," and adverbs such as "duly"
and "properly." Do not use "total" before "amount." These ideas are normally
implied. Expressing them creates doubt whether they are implied elsewhere. Do
not use "adequate," "sufficient," "promptly," "approved," or "reasonable" unless
one specifies what these words mean or refers to the standards that must be met.
32
8.4.5. USE OF "CHAPTER" INSTEAD OF "ACT"
Despite the inflexibility of using "chapter" instead of "Act" for purposes of

codification, a bill that is intended to create a new chapter in the South Dakota
Codified Laws should contain the word "chapter" to describe those aspects of the
bill that are meant to apply to the new chapter as envisioned. Cross-references
between sections of the bill, however, should use "Act." Be careful, however, where
the bill, in addition to creating a new chapter, amends existing sections of the Code,
so as to distinguish between those provisions that should apply only to the new
chapter and those that apply to the amendments or the bill as a whole.
8.4.6. USE OF SHORT VERSION OF NOUNS IN BILLS
Key nouns are often repeatedly used in individual sections, and often comprise
multiple words. Repeatedly using full terms can unnecessarily add to the length of
sections and impact readability. To remedy this, the use of short version references
(e.g., "board" for "school board") is permissible in statutes, so long as there can be
no reasonable ambiguity attributed to the short version use.
Specifically, where the full term is used once in a section, the short version can be
used for all subsequent references in a section, provided that no other term also
contains the short version (e.g., "board of trustees" and "school board").
The short version should not be used in place of the first use of a defined term
in a section. Thereafter, in that section, if there is no ambiguity, a short version for
the defined term may be used.
Example 1 13-5-17. Recording of school district

names, numbers and boundaries--Duplicate names
prohibited. Each school district name and number and a
description of the district's boundaries shall be recorded in the
office of the secretary of the Department of Education. The
secretary shall refuse to record as the name of any district a
name which has been previously chosen and recorded by
another district in the same county.
Example 2 13-32-4.1. Attendance policy--Adoption by school

board--Suspension and expulsion power unaffected.
The school board of every school district may adopt an
attendance policy in accordance with procedural due process
rules established by the South Dakota Board of Education
Standards pursuant to § 13-32-4. Any attendance policy
adopted pursuant to this section is not to be construed as
limiting the powers of theschool board of a school district to
suspend or expel students pursuant to § 13-32-4.
8.4.7. TIME
Use the present tense. The present tense is the most natural and simplest form
of expression. SDCL 2-14-7 provides that words used in the present tense include
the future as well as the present.
33
Correct A defendant in a criminal action is presumed to be
innocent until the contrary is proved, and in case of a
reasonable doubt whether guilt is satisfactorily shown, the
defendant is entitled toan acquittal.
Incorrect A defendant in a criminal action shall be presumed to be

innocent until the contrary shall be proved, and in case
of a reasonable doubt whether guilt shall be satisfactorily
shown, thedefendant shall be entitled to an acquittal.
Specific times must be depicted as "a.m." or "p.m." Do not use "o'clock" and
"p.m." or "a.m." together.
8.4.8. CAPITALIZATION
The policy of the Legislature is to encourage normal capitalization usage. The

guidelines of the Chicago Manual of Style serve as a general model.
Capitalize proper names (e.g., person, place, organization) in the text of a bill.
Capitalize officially titled state or federal acts. For example, Securities and
Exchange Act of 1934; South Dakota Human Relations Act of 1972. Before
capitalizing the name of a particular state act, check the South Dakota Codified
Laws to be sure it does have a specific name; for example, see SDCL 20-13-56. On
the other hand, a reference to laws on a particular subject, such as "insurance
statutes," is not capitalized.
The proper name of a department, governmental agency, or institution

is capitalized:
Legislature Supreme Court

Governor House of Representatives
Senate Board of Pharmacy
Department of Revenue Human Services Center
University of South Dakota Division of Insurance
Environmental Protection Agency Hughes County Commission
Medicare South Dakota National Guard
These references do not require capitalization:
department board
university division
county commission chief justice
agency
34
The titles of offices or programs within departments are not capitalized.
Excepting the Governor, the titles of state, county, municipal, or district officials are not
capitalized:
secretary of state mayor

secretary of agriculture supervisor
county commissioner
The titles of county and municipal boards are not capitalized.
The full title of a fund is not capitalized:

motor vehicle fund
Unified Judicial System court automation fund
water and environment fund
Substitutions for official titles, such as "secretary" or "director," are not

capitalized.
The words "title," "article," "chapter," "section," or "rule" are not capitalized.
The word "Indian" is capitalized.
Classifications of criminal punishments are capitalized (e.g., Class A felony,

Class 2 misdemeanor).
8.4.9. USE OF EXAMPLES
Legislation should not include the phrase "including, but not limited to…."
The phrase "but not limited to" is redundant, as the plain definition of the term,
including, is not exhaustive.
If there is a general statement in statute, there should not be examples. If there

are listed examples, they should be exhaustive; and there should be no general
statement.
Correct Contains the applicant's relevant personal identifying and

contact information.
Correct Contains the applicant's legal name, address, telephone

number,e-mail address, and website address.
Incorrect Contains the applicant's relevant personal identifying and

contact information, including the applicant's legal name,
address, telephone number, e-mail address, and website
address.
35
8.4.10. GENDER
If the proposed law is intended to apply to persons of both sexes, it is best to use
gender-neutral terms, such as "applicant," "licensee," or "person" in bill drafting. Avoid the
use of pronouns altogether, by substituting their antecedents,so the phrase "He shall file…"
might read "The licensee shall file . . . ” Often a sentence may be rewritten to avoid a
construction requiring a pronoun.
Do not use the phrases "he or she" or "him or her" as in "he or she shall file."
Do not use "they" or "their" as a singular subject. If the antecedent can, for
biological reasons, only be masculine or feminine, the masculine or feminine pronoun
may be used.
In the process of amending statute, if the statute uses terms that should be
gender-neutral, it is appropriate to amend the language to reflect gender neutrality.
8.4.11. PERSON-FIRST LANGUAGE
When referring to persons with disabilities or disorders, it is generally best to

put the reference to the person first and the disability or disorder last.
Correct person with a developmental disability
Incorrect the developmentally disabled
Correct person with a visual impairment
Incorrect the visually impaired
Additionally, do not make the person synonymous with the disability or

disorder (e.g., autist, epileptic, quadriplegic).
8.4.12. USE OF TRADE, NONGOVERNMENTAL ORGANIZATION, OR

BRAND NAMES
Statutes should not contain references to trade, nongovernmental

organization, or brand names. It should be possible to describe the item or
service with sufficient detail to not resort to these names.
8.4.13. HYPHENATION
Frequently used words that should be hyphenated include:

auditor-general e-mail low-income
full-time long-term low-level
low-point over-the-counter pari-mutuel
non-ad valorem rights-of-way state-owned
rule-making authority
36
Do not hyphenate:
ex parte interstate intrastate
nonresident prima facie pro rata
prorate statewide vice president
Compound Modifiers
Compound modifiers should generally be hyphenated. Compound modifiers are
multiple words that, combined, form a single descriptor of a noun.
Correct "shall use evidence-based practices"

(compound modifier) (noun)
Correct "any state-of-the-art design"

There are, however, some exceptions. Compound modifiers that follow the
noun they modify are not hyphenated.
Incorrect "employ a practice that is evidence-based"
Compound modifiers that contain -ly adverbs are also not hyphenated.
Incorrect "distributed to matrilineally-related individuals"
Hyphenating Numbers
Where numbers are spelled out, only compound numbers, or that portion of
the number forming a compound number, should be hyphenated.
Example forty-five
Example one hundred and fifty-seven
Example thirty million, sixty-seven thousand, nine hundred and two
Besides a written compound number, no hyphens should be used after a

number, whether written out or indicated by numerals, that describes a
percentage, unless the percentage is a compound modifier for a noun.
Correct forty-five percent
Incorrect one hundred-percent
Correct one-hundred-percent-rated modifier

Hyphens should be used between all fractions.
Example one-half
37
Example fifteen-sixteenths
Example twenty-one-thirtieths
Otherwise, numbers follow the compound modifier convention discussed

above whenever the number is only a portion of the compound modifier.
Correct one hundred and twenty-four acres

Incorrect one-hundred-and-twenty-four acres
Correct five-hundred-million-dollar gain
Correct fifty-million-per-quarter ratio
8.4.14. NUMBERS
Most numbers used in the body of a bill, including sums of money, should be
written out rather than indicated by numerals:
. . . within ten days . . .

. . . fined not less than twenty-five dollars . . .
. . . is fixed at one thousand two hundred dollars . . .
Common exceptions to this rule are dates, criminal penalties, formulas, proper
nouns containing numerals, and numerals used in tables. In special appropriation
bills, it is proper to use the numerical form as follows: “…appropriates $7,031.12…”
The percent symbol (%) should not be used in lieu of percent.
Dates should be depicted as numbers, both for the day and year, whenever
specifying a date. The number should be used without the ordinal indicator. All
other depictions of days, such as a day of the month, should be written out.
Correct "as of December 31, 2003"
Incorrect "on December 31 of the application year"
Correct "on December thirty-first of the application year"
8.5. USING PROPER PUNCTUATION
The use of punctuation in bill drafting is not different from correct formal usage.
Some rules to be observed in the use of punctuation include:
• Do not use a colon except to introduce a series of subdivisions;
• In a series of subdivisions following a colon, use a semicolon at the end of

each provision;
38
• Quotation marks should be used around a word being defined in a
definitions of convenience section, but should otherwise be avoided.
Where used:
o The comma or period is placed inside a quotation mark, but other

punctuation marks are placed outside unless part of the quotation;
and
o Smart quotes are not to be used, only straight quotes.
• In the preamble to a concurrent or simple resolution or in the preamble to

a commemoration use a comma after the word "Whereas," and use a
semicolon at the end of each clause followed by an "and";
• Only use parentheses to surround numerals in special appropriations bills;
• Use a serial comma - the one that comes before the "and" in a list as
follows: a, b, c, and d.
Generally speaking, the use of short, simple sentences is best. Using complex
sentences often requires excessive punctuation which can be confusing and lead to
possible misinterpretation.
One should not generally use an em-dash. Sentences should not be so

complicated as to require the use of em-dashes.
8.6. REFERRING TO EXISTING LAW
References to existing law will usually be to the South Dakota Codified Laws.
Within the body of the bill, the abbreviation SDCL is not used. The section symbol
(§) or the words "chapter" or "title" should be used as appropriate. References to
single and multiple sections should be made as follows:
• One section: § 2-14-1

• Two sections: §§ 2-14-2 and 2-14-2.1
• Three or more consecutive sections: §§ 2-14-3 to 2-14-9, inclusive
• Sections connected by "or": § 2-14-1 or 2-14-2
• Three or more consecutive sections and another section: §§ 2-14-1 to
2-14-9, inclusive, and 2-14-14
• A subdivision: subdivision 2-14-2(18)
o As noted above, drafters should avoid the specificity created by
citing subsections and subdivisions unless necessary to avoid
confusion with other subdivisions of the section.
• A subsection: subsection 2-16-6(2)(c)
• Two subdivisions in different sections: subdivisions 2-14-2(18) and 2-16-
6(1)
• Two subdivisions in the same section: subdivisions 2-14-2(18) and (19)
• Three or more subdivisions in the same section: subdivisions 2-14-2(18),
(19), and (20)
39
"Section" is used instead of the section symbol (§) whenever "section" begins a
sentence.
Although Session Laws are not frequently amended, Session Laws may be cited
as "chapter 176, § 1 of the 1999 Session Laws."
Laws passed earlier in the current session are cited as "Senate Bill 61, as
previously enacted by the Seventy-third Session of the South Dakota Legislature."
The Constitution should be cited as "S.D. Const., Art. XVIII, § 8."
The United States Constitution should be cited as "U.S. Const., Art. IV, § 3, cl.
1."
Sections of federal law and regulation should be cited as precisely as is accurate.

United States Code should be cited as "42 U.S.C. § 1983 (Date)." Sections of the
Code of Federal Regulations should be cited as "2 C.F.R. § 200.423 (Date)."
If a legal authority needs to be cited other than the above examples, consult
The Bluebook for the proper citation format.
Before adopting or incorporating federal law or regulation in the bill, drafters

should consider whether the language of the federal law or regulation can simply
be inserted into state law without a reference. Any reference to a federal law or
federal regulation that incorporates any portion of that law or regulation should
include the date of the version of the law or regulation being incorporated so that
the reader knows precisely what version of law is being incorporated. Additionally,
an unconstitutional delegation of legislative power to the federal or other state
government may be found where the past tense (i.e., "as amended" or "as defined")
is not used in reference to the incorporated authority. Indep. Cmty. Bankers Ass'n
of S.D., Inc. v. State, 346 N.W.2d 737, 744 (S.D. 1984). See examples in Appendix.
Drafters should not cross-reference other states' law to incorporate them into
South Dakota law. Instead, reproduce the language of the other state's law, using
South Dakota's style and form.
8.7. USING INTERNAL REFERENCES
When drafting a bill, avoid the use of internal references. If used, they can
complicate the amendment process and cause errors since they can be easily
overlooked. Also, remember that drafting any bill that repeals an existing statute
requires looking for other existing statutes that refer to the statute being repealed.
Those statutes will also need to be amended to reflect the repeal.
Internal references to other sections of the same bill may be cited as "pursuant
to section 4 of this Act," but as noted below, these references should be used with
caution.
40
8.8. ESTABLISHING INTEREST RATES
The Legislature has adopted a uniform method of addressing interest rates in

the Code. The uniform rates can be found in SDCL 54-3-16 as shown below:
54-3-16. Official state interest rates.
The official state interest rates, as referenced throughout the South Dakota
Codified Laws, are as follows:
(1) Category A rate of interest is four and one-half percent per year;
(2) Category B rate of interest is ten percent per year;
(3) Category C rate of interest is twelve percent per year;
(4) Category D rate of interest is one percent per month or fraction thereof;
(5) Category E rate of interest is four percent per year;
(6) Category F rate of interest is fifteen percent per year; and
(7) Category G rate of interest is five-sixth percent per month or fraction
thereof.
Please refer to one of these established categories when establishing an interest

rate.
See Example 13.21 in the Appendix for an example.
8.9. INTERSTATE COMPACTS
The most frequent exception to the form and style conventions listed above is
an interstate compact. Interstate compacts are bodies of law on a specific issue
that, taking the form of an agreement, require almost identical style and formatting
between the states that sign onto the compact, as a condition of being a party to
the compact. Because of this special treatment, LRC generally only places an
enacted compact into a single section of the Code.
41
9. WORD PREFERENCES
9.1. AVOIDING CERTAIN WORDS
The wording of legislation should be precise, clear, and concise. Avoid both
conversational and legalistic expressions. Use shorter, simpler words if there is a
choice. The following words or phrases are often incorrectly used in drafting and
can usually be replaced by a better word or phrase:
AVOID PREFERABLE
absolutely null and void void

aforesaid, aforementioned "the," "that," or "those"
before-mentioned
afforded or accorded given
and/or "either A or B, or both,"
any and all any (or all)
as provided in this Act (use only if necessary to avoid
confusion)
at such time as when
at the time of when
at the time of the person's death when the person dies
attorney and counselor at law attorney
authorize and empower authorize
be and the same is hereby is
bonds, notes, checks, drafts evidence of indebtedness
other evidences of indebtedness
bring an action sue
can may
carry out "execute" or "complete"
constitute and appoint appoint
deal with "address" or "conduct"
deem consider
deemed to be is
deemed to include includes
during such time as while
during the course of during
each and every each (or every)
either directly or indirectly (delete entirely)
employ (meaning to use) use
enter into a contract with contract with
every person, all persons any person (or each person)
examine witnesses and hear testimony take testimony
except as otherwise provided (delete entirely)
expend spend
fail, refuse, or neglect fail
feasible practicable
following section "section 3 of this Act"
formulate create
42
AVOID PREFERABLE
for the duration of during

for the reason that because
forthwith immediately
from and after after
from July first after June thirtieth
full and complete full
give consideration to consider
give recognition to recognize
have knowledge of know
have need of need
hereinafter, hereinbefore, (these are objectionable when
hereinabove, above, below referring to the position of a
following, preceding section or other statutory
provision; if reference is
necessary, specify the
chapter, paragraph, section or
subsection)
in case if
in cases in which if
in order to to
in the event that if
in the interests of for
inquire ask
is able to can
is applicable applies
is authorized to may
is binding upon binds
is defined and shall be construed means
to mean
is dependent on depends on
is directed to shall
is empowered to may
is entitled to may
is hereby authorized and it shall
shall be his duty to
is required to shall
is unable to cannot
it is a person's duty to shall
it is lawful to may
law passed law enacted
make application apply
make a determination “determine” or “decide”
make payment pay
make provision for provide for
matter transmitted through the mail mail
means and includes means
43
AVOID PREFERABLE
member of a partnership partner

modify change
must (in most instances) shall
no later than June thirtieth before July first
none whatever none
not later than before
notwithstanding (redraft to avoid using)
null and void void
occasion (as a verb) cause
of a technical nature technical
on or after July first after June thirtieth
on a person's own application upon request
ordered, adjudged, and decreed ordered
or, in the alternative, or
party person (unless referring to a
party to a suit)
per annum a year
per centum percent
per day a day
per foot a foot
period of time period
prior to before
prosecute its business conduct its business
provided (conjunction) "if" or "but"
provided, however "except," "but," or "however"
or start a new sentence
provision of law statute
purchase buy
render (meaning "to give") give
render (meaning "to make") make
retain keep
rules and regulations rules
(s) (use the singular instead of
adding to the end of the word)
said "the," "that," or "those"
same (appropriate noun or pronoun)
shall be construed to mean means
shall be deemed to be is
shall have the power to may
shall not may not
should (strike as law is not permissive,
or revise to shall)
sole and exclusive exclusive
State of South Dakota state
subsequent to after
such the
suffer allow
terminate end
44
AVOID PREFERABLE
to wit (delete or use "namely")

under the provisions of pursuant to
unless and until "unless" or "until"
until such time as until
utilize (meaning to use) use
whatsoever whatever
when, where (as a condition) "if"
whensoever "when" or "if"
wheresoever where
whosoever whoever
years of age or older (younger) years or older (younger)
9.2. AVOIDING CERTAIN DESCRIPTORS AND PHRASES
When assigning a duty to a specific person, avoid adding a phrase such as “or
his designee” to the assignment. This is unnecessary. The person to whom the duty
is assigned may assign the duty to another person unless it is specifically prohibited
in the language of the bill. Therefore, for example, if the draft bill is to require “the
secretary” to “conduct the meeting,” the drafter needs to write that “only the
secretary may conduct the meeting.” Otherwise, “the secretary” is free to assign
the conduct of the meeting to someone else.
9.3. USING “PERSON” OR “INDIVIDUAL”
Use “person” to apply a provision to human beings and nonhuman entities such
as corporations and governmental bodies.
Use “person” to apply a provision only to human beings and the context clearly
indicates that the application only applies to human beings.
Use “individual” to apply a provision only to human beings, and it is not clear
from the context that the application only applies to human beings.
9.4. USING “THAT” OR “WHICH”
Use “that” to restrict or limit, or describe or define, the word being modified in
the sentence. In other words, use “that” to include information that is necessary
to identify the word being modified. "That" introduces a restrictive clause. A
restrictive clause is not set off by commas.
Example: A fence that conforms with § 43-24-5 is a legal fence.
45
Use “which” to add nonessential information about the word being modified.
Since a good bill draft rarely includes nonessential information, “which” is not often
used. "Which" introduces a nonrestrictive clause. The clause is set off by commas.
Example: The landowner shall build a fence, which may be a legal

fence,within thirty days after receiving a permit.
9.5. USING “LESS” OR “FEWER”; "GREATER" OR "MORE"
"Less" and "fewer" are both opposites of "more" and are used when needing to
distinguish a greater amount or number from a lesser amount ornumber. Whether
to use "less" or "fewer" depends on the noun that is beingmodified. If the noun is
countable, use "fewer."
Generally, use "more" rather than "greater than." One can use "greater than" in
limited circumstances when comparing the degree, level, or numberof the items
referenced.
9.6. USING “WHETHER" OR "WHETHER OR NOT"
When to use only the word "whether," as opposed to the phrase "whetheror not,"
depends on that which is being modified.
If the "whether" clause is the object of a verb, then "or not" isunnecessary.
Example: The applicant shall indicate whether the license was revoked.
(subject) (verb) (object)
If the "whether" clause is the object of a preposition, "or not" is

unnecessary.
Example: The board shall base the decision on whether the error was remedied
(preposition) (object)
"Whether or not" is necessary when the "whether" clause modifies a verb,or when
the phrase "regardless of whether" could logically be used in the sentence.
Example: The committee shall vote, whether or not all members are present.
(verb) (clause)
46
10. CHECK LIST FOR BILL DRAFTING
(after completing draft bill)
ϒ Is the title short, yet clearly expressive of the subject matter of the
bill?
ϒ Are definitions provided for those words used in the bill that do not
have a fixed and single meaning in normal usage and that might give
rise to ambiguity?
ϒ Are words used consistently with their definitions throughout the bill?
Are words defined but never used in the bill?
ϒ Is the bill written in a clear style that can be easily understood by

those who are affected by it and those who must administer it?
ϒ Are the provisions of the bill logically arranged?
ϒ Is the bill divided into sections and subdivisions in such a way as to

achieve maximum clarity?
ϒ Does the bill accomplish its intended purpose?
ϒ Does the bill do more than is intended?
ϒ Does the bill affect existing laws without intending to do so?
ϒ If the bill is intended to affect existing laws, are its provisions

properly integrated with those laws so that no conflict will arise in the
interpretation or administration?
ϒ Are all statutory references in the bill accurate?
ϒ Are all internal references in the bill correct?
ϒ Are all conflicting statutes specifically repealed or revised?
ϒ If a section is repealed are all cross references to that section

removed from existing law?
ϒ Has an effective date other than July 1 been considered? If so, is the
effective date included or is the appropriate emergency clause
included to make the bill effective upon passage?
47
11. AMENDMENTS
Amendments allow the alteration of bills and resolutions after introduction. The
principles of style and form that apply to bills also apply to amendments.
When drafting amendments, imagine giving instructions to a secretary for

alterations in a bill. Although some amendments may be pages long and make
dozens of changes, the basics of each amendment never change. Each must identify
the following:
• the legislation to be amended (bill number)

• the version of the legislation (printed or engrossed)
• the place in the bill where the change will occur (page number and line
number)
• the change itself
Amendments may be offered in committee, on the floor, or in conference

committee. Bills, including bill titles, any form of resolution, and previous
amendments may be amended.
11.1 AMENDMENT EXAMPLES
The following examples illustrate the variety -- as well as the essential

uniformity -- of amendments:
The amendment below illustrates the correct way to amend new material
within a bill. Since the new material is not currently in statute, overstrikes and
underscores are not used.
moved that SB 247 be amended as follows:
On page 3, line 5 of the printed bill, delete "is hereby authorized" and
insert "may".
The amendment below is commonly called a hoghouse amendment because it

deletes the entire content of the existing bill and replaces it with new material.
moved that SB 189 be amended as follows:
On the printed bill, delete everything after the enacting clause and insert:
"Section 1. That § 67-7-31 be AMENDED:
67-7-31. The sunflower, dandelion, wild plum blossom, salsify, yucca,

and wild rose are designated honorary state flowers."
The amendment below is for a bill that has already been amended in
committee. Note that the version of the bill is identified as the “Senate
48
Transportation committee engrossed bill.” Always be careful to prepare an
amendment for the most current version of a bill.
moved that SB 34 be amended to read as follows:
On page 1 of the Senate Transportation committee engrossed bill, delete

lines 6 to 13, inclusive.
The amendment below places a new section between two existing lines in the
bill rather than at the end. Doing so may be useful in keeping the bill material in
a logical sequence, but it can also require internal references to be amended,
which can be tricky at times. (See note following.)
moved that SB 271 be amended to read as
follows:On page 4 of the printed bill, between lines 14 and 15, insert:
"Section 8. That chapter 70-1 be amended with a NEW SECTION:
The commission shall cooperate with the Department of Agriculture and

Natural Resources in performing the duties assigned pursuant to § 70-1-
21."
11.2. SECTION RENUMBERING
The bill drafting system used by the LRC automatically renumbers each section
when the bill is engrossed. Therefore, when amending entire sections out of or into
a bill, never draft amendments in a manner that provides for the renumbering of
existing bill sections since that will be done automatically.
11.3. INTERNAL REFERENCES
When drafting an amendment, as with a bill, avoid the use of internal references.
If there are numerous internal references in the bill, it is recommended that new
sections be added to the end of the bill. If the new sections are not added to the
end of the bill, special care must be taken to prepare amendments that reflect all
the necessary changes to the section number references in the bill, where internal
references are necessary.
49
12. RULE-MAKING AUTHORITY
12.1. ADMINISTRATIVE PROCEDURES ACT (SDCL CH. 1-26)
In many instances any legislation of substantial scope must be administered

either by some agency, board, or commission. The provisions of the Administrative
Procedures Act found in SDCL chapter 1-26 should be used to avoid unnecessary
repetition and to provide uniformity for the rule-making procedure of state
agencies, for hearings, and for appeals to the courts.
12.2. RULES FOR NEW PROGRAMS
If a special appropriations bill establishes a new program, authority to

promulgate rules should be considered in the areas of eligibility for funds, audit
requirements, or standards for distributing the funds. The important issues to be
determined in this area concern how the funds are to be spent and whether
additional conditions are to be imposed concerning the distribution of the funds.
12.3. NARROW AND SPECIFIC RULE-MAKING AUTHORITY
Rule-making authority is quasi-legislative authority that is delegated to an

executive agency. This delegation can only be done in law. Specifically,
administrative rules require proper "general authority to promulgate rules" and the
law "implement[ed]" by the rule. SDCL 1-26-6.2. General authority is the "clearly
expressed legislative will to delegate the power to adopt the particular rule."2 The
law implemented is "a policy, standard, or rule" that prevents the agency from
exercising "unlimited or absolute discretion" in its power to adopt a particular rule.3
Authority to allow an agency to promulgate rules should be narrowly drawn. A

statement such as "The department may promulgate rules to implement this
chapter" is a grant of rule-making power without standards and is an
unconstitutional delegation of legislative authority.
Instead, determine what rules the agency needs and draft specific rule-making
authority accordingly that cites SDCL chapter 1-26. For an example of general
authority, see below:
The secretary of the Department of Public Safety shall promulgate rules,

pursuant to chapter 1-26, in the following areas:
(1) Commercial driver license waivers;
2
S.D. Migratory Bird Ass'n v. SD Game, Fish & Parks, 312 N.W.2d 374, 375 (S.D. 1981).
3
State v. Moschell, 2004 S.D. 35, ¶ 17, 677 N.W.2d 551, 559; see also S.D. Migratory Bird Ass'n, supra.
50
(2) Single license requirements;
(3) Notification requirements and employer responsibilities;
(4) (4) Federal disqualifications and penalties;
(5) Testing and licensing procedures;
(6) Vehicle groups and endorsements;
(7) Required knowledge and skills;
(8) Tests;
(9) Commercial driver license document; and
(10) Other rules necessary to implement the provisions of C.F.R. 49,
Chapter 3, Subchapter B, parts 383, 384, 390, 391, and 392,
January 1, 1990, as of January 1, 1996.
Notice that the above example merely lists rule-making subject matter. It does
not provide limits on the extent of the agency's ability to propound rules regarding
that subject matter. An example of such "law implemented" for this rule-making
authority is instead provided below:
Any person age sixteen or older and a resident of this state may apply
for a commercial driver license on an application form supplied by the
Department of Public Safety. The applicant shall submit a form, duly signed
and witnessed, certifying that the applicant is of sufficient health and has a
driving history that indicates an ability to drive heavy trucks and other
restricted motor vehicles. The department shall test applicants on the safe
and appropriate operation of heavy trucks and other restricted motor
vehicles. The department may provide different endorsements generally
recognized by other states for operation of specialty restricted motor
vehicles if the minimum requirements to apply and the test for a license is
tailored by the department to the safe operation of the specialty vehicle.
The department may waiver a commercial driver license requirement where
the driver has a valid commercial driver license from another state.
The above example guides how the general authority is to be implemented by

the agency for many of the general authorities listed in the first example. Some of
the language is narrow and specific and some of it is broad, but each sentence
provides the scope for administrative rules associated with CDL licensing.
51
In some cases, law implemented and general authority exist in the same
provision, as shown in this statute:
89-34B-4. Promulgation of safety standards--Considerations. The

commission shall promulgate rules pursuant to chapter 1-26, to establish
safety standards, but not more stringent than federal safety standards as
provided by § 49-34B-3, for the intrastate transportation of gas and gas
pipeline facilities. The standards may apply to the design, installation,
inspection, testing, construction, extension, operation, replacement, and
maintenance of gas pipeline facilities. Standards affecting the design,
installation, construction, initial inspection, and initial testing donot apply
to pipeline facilities in existence on the date the standards are adopted
by either this state or the federal government. The safety standards shall
be practicable and designed to meet the need for pipeline safety. In
prescribing the standards, the commission shall consider:
(1) Relevant available pipeline safety data;
(2) Whether the standards are appropriate for the particular type of
pipeline transportation of gas;
(3) The reasonableness of any proposed standards;
(4) The extent to which the standards will contribute to public safety;
and
(5) The existing standards established by the secretary of the United
States Department of Transportation pursuant to the United States Code,
title 49, section 60101 et seq. as amended to January 1, 2019.
12.4. AMENDING RULE-MAKING AUTHORITY
A bill may remove or revise an agency's statutory authority to adopt rules. SDCL
1-26-8.1 states that a rule is void if the authority to adopt it is repealed. When
drafting legislation to remove an agency's statutory authority to adopt rules, be
sure to check what the agency has cited as its "general authority" and "law
implemented," and that the intended authority is removed or revised by the
legislation. Many agencies have more than one statute authorizing the agency to
adopt rules.
12.5. AMENDING ADMINISTRATIVE RULE VIA STATUTE
While statutes can amend rule-making authority, statutes should not amend
administrative rules directly. Once adopted through the SDCL chapter 1-26 rule-
making process, an administrative rule can only be amended, suspended, or
repealed through the rulemaking process. SDCL 1-26-6.7. Failure to follow that
process renders the amendment, suspension, or repeal unenforceable in court.
SDCL 1-26-6.8.
52
13. APPENDIX
BILL DRAFTING EXAMPLES
Example 13.1 - Amending a section of the Code.
Example 13.2 - Amending a section of a session law.
Example 13.3 - Adding a new section to the Code.
Example 13.4 - Adding a new subdivision to a section of the Code.
Example 13.5 - Removing a subdivision from a section of the Code.
Example 13.6 - Repealing a section of the Code.
Example 13.7 - Repealing multiple sections of the Code.
Example 13.8 - Repealing a section of a session law.
Example 13.9 - Amending or repealing a section of a previously

enacted bill in the same session.
Example 13.10 - Declaring an emergency – For immediate

preservation of public peace, health, or safety.
Example 13.11 - Declaring an emergency – For support of state

government.
Example 13.12 - Establishing a delayed effective date.
Example 13.13 - Establishing a sunset date.
Example 13.14 - Establishing a civil penalty.
Example 13.15 - Referencing federal statutes.
Example 13.16 - Referencing federal rules.
Example 13.17 - Adopting an update to a reference to a federal law.
Example 13.18 - Making a special appropriation.
Example 13.19 - Making a special appropriation associated with

construction of capital improvements.
53
Example 13.20 - Establishing a continuous appropriation in the
Code.
Example 13.21 - Establishing an interest rate.
Example 13.22 - Joint resolution.
Example 13.23 - Concurrent resolution.
Example 13.24 - Simple resolution.
Example 13.25 - Resolution of Disapproval
Example 13.26 - Commemoration
54
Example 13.1 - Amending a section of the Code.
2-7-11. The contractor for printing Legislative Research Council shall prepare and
include the journal indexes of the Legislature shall deliver them to the Legislative
Research Council within ninety days after copy therefor has been furnished. The
Legislative Research Council shall provide for the electronic distribution of the daily
journals Price and distribution of the journal indexes shall be determined by a joint
select committee of the Legislature at least two hours before the convening of the
Legislature on the next legislative day.
NOTE: Material being removed is overstricken and new material is

underscored. Overstricken material is shown first.
Example 13.2 - Amending a section of session law.
Section 1. That section 2 of chapter 51 of the 2017 Session Laws be AMENDED:
Section 2. Any real estate and related personal property and improvements on the property
which are generally considered a part of the tracts described in section 1 of this Act but not
specifically included in the legal descriptions set out in section 1 of this Act may be sold,
exchanged, or leased for commercial purposes as provided in this Act as though the property
and improvements were specifically described in section 1 of this Act.
NOTE: Session laws need to be amended when revising laws that have not
been codified.
Example 13.3 - Adding a new section to the Code.
Section 12. That chapter 1-16B be amended with a NEW SECTION:
Whether or not the bonds are in the form and character of negotiable instruments,
the bonds are hereby made negotiable instruments, subject only to provisions of the
bonds relating to registration.
NOTE: All new material is underscored.

55
Example 13.4 - Adding a new subdivision to a section of the Code.
Section 2. That § 37-30A-2 be AMENDED:
37-30A-2. Any telemarketer who makes an unsolicited consumer telephone

communication to a residential telephone number shall:
(1) On caller identification technologies, use and display the telemarketer's authentic
name or entity and telephone number;
(2) Immediately identify themselves with their true name, the true name of the
telemarketer by whom they are employed, and the true name and address of the
business on whose behalf the person is soliciting and the purpose of the
communication;
(2)(3) Within thirty seconds after beginning the conversation, inquire whether the person
being solicited is interested in listening to a sales presentation and immediately
discontinue the solicitation if the person being solicited gives a negative response;
and
(3)(4) Immediately hang up the telephone at any time during the solicitation that the
consumer expresses a disinterest in the good or service offered.
Section 3. That § 37-30A-3 be AMENDED:
37-30A-3. A telemarketer may not:

(1) Engage in unfair or deceptive telephone solicitation;
(2) Place unsolicited consumer telephone communications to any residence which will
be received before 9 a.m. or after 9 p.m. at the consumer's local time or place
any unsolicited consumer telephone communications on Sunday;
(3) Engage in any conduct which harasses, intimidates, or torments any person in
connection with the telephone communication; or
(4) Cause misleading information to be transmitted to users of caller identification
technologies or otherwise block or misrepresent the identity of the caller or entity
as described in subdivision 37-24-6(16).
NOTE: When subdivision numbers are changed please make sure to check
for cross references to those subdivisions.
56
Example 13.5 - Removing a subdivision from a section of the Code.
Section 5. That § 3-12C-302 be AMENDED:
3-12C-302. Membership in the system shall exclude the following:

(1) All elective officials except justices and judges, unless the official is currently
contributing or has previously contributed to the system or the official has elected
and is otherwise qualified to become a member of the system;
(2) All personnel in the Department of Labor and Regulation who were employed
before July 1, 1980, and who elect to remain participants in the retirement system
provided by chapter 61-2;
(3) The governing body of any participating county, municipality, or other political
subdivision; and
(4)(3) All personnel employed by the municipality of Sioux Falls before July 1, 2013.
However, any person employed before July 1, 2013, who separates from service
with the municipality of Sioux Falls and is subsequently rehired by the municipality
of Sioux Falls and begins working after June 30, 2013, as a permanent full-time
employee shall be a member of the system.
NOTE: When subdivision numbers are changed please make sure to check
for cross references to those subdivisions.
Example 13.6 - Repealing a section of the Code.
Section 2. That § 39-39-39 be REPEALED:
This chapter shall be known as the "South Dakota Duck Act."
NOTE: The above is the default setting for repealed statutes.
Example 13.7 - Repealing multiple sections of the Code.
The coefficient of real property taxation may not be more than twenty-five
percent.
57
The rate of use tax may not be more than twenty-five percent.
Example 13.8 - Repealing a section of session law.
Section 12. That section 10 of chapter 14 of the 2019 Session Laws be REPEALED.
NOTE: Session laws need to be repealed when revising laws that have not
been codified.
Example 13.9 - Amending or repealing a section of a previously

enacted bill in the same session.
Section 6. That section 6 of the enrolled version of SB 20 as previously enacted by the

Ninety-fifth Session Legislative Assembly, 2020, be AMENDED to read: (show the section
with overstrikes and underscores) or be REPEALED.
Example 13.10 - Declaring an emergency – For immediate

preservation of public peace, health, or safety.
Section 5. Whereas, this Act is necessary for the immediate preservation of the public
peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in
full force and effect from and after its passage and approval.
Example 13.11 - Declaring an emergency – For support of state

government.
Section 2. Whereas, this Act is necessary for the support of the state government and its
existing public institutions, an emergency is hereby declared to exist, and this Act shall be
in full force and effect from and after its passage and approval.
Example 13.12 - Establishing a delayed effective date.
Section 5. This Act is effective on July 1, 2022.
Example 13.13 - Establishing a sunset date.
Where the Act establishes new statute and is to be fully repealed at a future
58
date certain:
Section 35. The provisions of this Act are repealed on June 30, 2023.
Or where an Act that merely amends existing statute is repealed that should
then revert to its pre-amendment language:
Section 35. The provisions of this Act are repealed on June 30, 2023,
and code sections amended by this Act will revert in word and substance to
that which existed immediately prior to the effective date of this Act.
Example 13.14 - Establishing a civil penalty.
The director may impose a civil penalty against a person named in an order
issued under § 37-25A-30 for violation of §§ 37-25A-7, and 37-25A-43 to
37-25A-46, inclusive. The amount of the civil penalty may not exceed five
thousand dollars for each act or omission that constitutes the basis for
issuing the order. Any civil penalty collected pursuant to this section shall
be deposited into the state general fund. The civil penalty may only be
imposed:
(1) Following an opportunity for a hearing under § 37-25A-30 if

notice delivered to all named persons includes notice of the director's
authority to impose a civil penalty under this section; or
(2) As part of an order issued pursuant to subdivision 37-25A-30(1)

if the order is stipulated to by each person subject to the civil penalty.
59
Example 13.15 - Referencing federal statutes.
Personal information shall be disclosed for use in connection with matters of motor
vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product
alterations, recalls, or advisories, performance monitoring of motor vehicles and
dealers by motor vehicle manufacturers, and removal of nonowner records from the
original owner records of motor vehicle manufacturers to carry out the purposes of
Titles I and IV of the Anti Car Theft Act of 1992, 15 U.S.C. § 2021 et seq., as of
January 1, 2021, the Automobile Information Disclosure Act, 15 U.S.C. § 1231 et seq.,
as of January 1, 2021, and the Clean Air Act, 42 U.S.C. § 7401 et seq. , as of January
1, 2021, chapters 301, 305, and 321-331 of Title 49, as of January 1, 2021, and
agency regulations enacted or adopted pursuant to the authority of, or to attain
compliance with, these acts of Congress.
NOTE: Please cite the version of law being referenced or incorporated to

avoid an unconstitutional delegation of legislative power.
Example 13.16 - Referencing federal rules.
The state hereby adopts Title 49 of the Code of Federal Regulations, subtitle B,
chapter I, subchapter A, part 107 (subparts F and G only) and subchapter C, parts 171
to 180, inclusive, as amended through January 1, 2020, and Title 49 of the Code of
Federal Regulations, subtitle B, chapter III, subchapter B, part 387 and parts 390 to
397, inclusive, as amended through January 1, 2020.
NOTE: Please cite the version of law being referenced or incorporated to

avoid an unconstitutional delegation of legislative power.
Example 13.17 - Adopting an update to a reference to a federal law.
10-1-47. The term, United States Internal Revenue Code, or Internal Revenue
60
Code, means the United States Internal Revenue Code as amended and in effect on
January 1, 2019 2021. This section applies to §§ 10-4-9.1, 10-4-9.2, 10-4-9.3, 10-4-
9.4, 10-4-39, and 10-43-10.1, and subdivisions 10-6A-1(7), 10-6B-1(5), 10-18A-1(6),
10-43-10.3(6), and 10-45A-1(5).
Example 13.18 - Making a special appropriation.
Section 1. There is hereby appropriated from the general fund the sum of $800,000 to the
extraordinary litigation fund for purposes of payment of eligible expenses.
Section 2. The commissioner of the Bureau of Administration shall approve vouchers and
the state auditor shall draw warrants to pay expenditures authorized by this Act.
Section 3. Any amounts appropriated in this Act not lawfully expended or obligated shall
revert in accordance with the procedures prescribed in chapter 4-8.
NOTE: Special appropriation bills should state the office or agency to which
the appropriation is made, the amount, the purpose for which it is to be
used, and the source.
Example 13.19 - Making a special appropriation associated with

construction of capital improvements (SDCL 5-14-2, 5-14-1(1)).
Section 1. There is hereby appropriated from the general fund the sum of $500,000, and
the sum of $4,500,000 of other fund expenditure authority, to the Department of Game,
Fish and Parks, for the purpose of building a bison visitors center in Custer State Park.
Section 2. The Department of Game, Fish and Parks may accept and expend, in addition
to the amounts specified and the purpose stated in section 1 of this Act, any funds obtained
from gifts, contributions, or other sources for the purpose.
Section 3. The construction shall be under the general charge and supervision of the Bureau
of Administration as provided in chapter 5-14.
Section 4. The commissioner of the Bureau of Administration or the secretary of the

Department of Game, Fish and Parks shall approve vouchers and the state auditor shall
draw warrants to pay expenditures authorized by this Act.
Section 5. Any amounts appropriated in this Act not lawfully expended or obligated shall
61
revert in accordance with the procedures prescribed in chapter 4-8.
Example 13.20 - Establishing a continuous appropriation in the

Code.
The athletic commission fund is created in the state treasury. Any money collected
pursuant to this chapter shall be deposited in this fund. Any money deposited in the
fund is continuously appropriated to the South Dakota Athletic Commission to be used
for the administration of this chapter and for the compensation and expenses of
members of the commission. Any interest earned on money in the fund shall be
deposited in the fund.
NOTE: A continuous appropriation is discouraged. A fund should be

considered for a continuous appropriation if it receives no general fund
appropriation and receives revenues through fees or other means to be used
for a specific purpose.
Example 13.21 - Establishing an interest rate.

Any remittance not received from a county within the time provided by this
chapter shall bear interest at the Category A rate of interest as established in § 54-3-
16 from the first day of the month on which the remittance became due. The interest
shall be credited to the general fund.
NOTE: When needing to establish an interest rate please select one of the
interest rates established by SDCL 54-3-16.
Example 13.22 - Joint resolution.
A JOINT RESOLUTION, Proposing and submitting to the voters at the next primary
election a new section to Article XI of the Constitution of the State of South
Dakota, relating to a three-fifths vote requirement for certain initiated or
Legislature-proposed constitutional amendments and initiated or
Legislature-referred measures.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH DAKOTA, THE

SENATE CONCURRING THEREIN:
Section 1. That at the next primary election held in the state, the following amendment to
62
Article XI of the Constitution of the State of South Dakota, as set forth in section 2 of this
Joint Resolution, which is hereby agreed to, shall be submitted to the electors of the state
for approval.
Section 2. That Article XI of the Constitution of the State of South Dakota, be amended with
a NEW SECTION to read:
§16. Constitutional amendments or measures--Taxes or fees--Certain

funding obligations--Vote required.
Any initiated constitutional amendment, initiated measure, constitutional
amendment proposed and submitted to the people by the Legislature, or measure
referred to the people by the Legislature that imposes or increases taxes or fees, and
any initiated constitutional amendment, initiated measure, constitutional amendment
proposed and submitted to the people by the Legislature, or measure referred to the
people by the Legislature that obligates the state to appropriate funds of ten million
dollars or more in any of the first five fiscal years after enactment, to be annually
adjusted for inflation as determined by the Legislature, shall become part of the
Constitution or statute only if approved by three-fifths of the votes cast thereon.
Example 13.23 - Concurrent resolution.

A CONCURRENT RESOLUTION, Celebrating the sister-state relationship with Taiwan.
WHEREAS, South Dakota and Taiwan have been in a sister-state relationship since 1984;
and
WHEREAS, South Dakota and Taiwan continue to share the same values regarding
freedom, democracy, the rule of law, and respect for human rights; and
WHEREAS, in May 2020, Taiwan donated 50,000 surgical masks in support of South
Dakota's frontline medical workers, thereby demonstrating its willingness to stand with
South Dakota during the global pandemic; and
WHEREAS, in August 2020, Taiwan provided South Dakota's farmers and ranchers with
increased access to markets by lifting restrictions on the importation of beef from cattle at
least thirty months of age and on the importation of pork having acceptable levels of
ractopamine; and
WHEREAS, in September 2019, Taiwan promoted its bilateral trade relationship with
South Dakota by sending an agricultural trade mission that purchased more that $576
million of wheat; and
63
WHEREAS, South Dakota and Taiwan have enjoyed a mutually beneficial bilateral trade
relationship in which Taiwan ranks as South Dakota's seventh largest importer country, with
anticipation for continued growth; and
WHEREAS, negotiations for a fair and reciprocal Bilateral Trade Agreement between
Taiwan and the United States are an important step toward further strengthening bilateral
trade and thereby increasing South Dakota's exports to Taiwan; and
WHEREAS, Taiwan, as a responsible stakeholder in the international community, is

seeking to meaningfully participate in protecting health and to meaningfully participate in
the International Civil Aviation Organization:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-

Sixth Legislature of the State of South Dakota, the Senate concurring therein, that South
Dakota praises Taiwan's vibrant democracy; supports the signing of a Bilateral Trade
Agreement with Taiwan; welcomes the promise of even closer trade and investment ties;
supports Taiwan's participation in international organizations that are significant to the
health, safety, and well-being of its people; and heartily celebrates the thirty-seventh
anniversary of its sister-state relationship with Taiwan.
Example 13.24 - Simple resolution.
A RESOLUTION, To show continued support for local control.

WHEREAS, the Legislature prides itself on supporting and promoting the idea of local
control; and
WHEREAS, local control is the philosophy where decisions are best left to those persons
most effected by those decisions; and
WHEREAS, some issues cannot and should not be handled at the state-level by actions
of the Legislature; and WHEREAS, some issues cannot be fixed by a one size fits all
solution; and
WHEREAS, different communities will face different impacts and outcomes when
attempting to legislate issues on a state-wide level:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Third

Legislature of the State of South Dakota, that the Legislature acknowledges and supports
the importance of the philosophy and practice of local control.
64
Example 13.25 - Resolution of disapproval.
A RESOLUTION OF DISAPPROVAL, Proposing to disapprove Executive Order

2021-03 as set forth on pages 52 to 64, inclusive, of the Senate Journal.
WHEREAS, the Governor of the state of South Dakota has submitted to the Ninety-Sixth
Legislature on the fifth day thereof Executive Order 2021-03; and
WHEREAS, Executive Order 2021-03 proposes to abolish the Department of Agriculture

and the Department of Environment and Natural Resources and to create a new Department
of Agriculture and Natural Resources; and
WHEREAS, agriculture is South Dakota's number one industry and economic driver and
deserves a state department whose resources and expertise are devoted to the promotion
of the agriculture industry; and
WHEREAS, forty-eight states, including South Dakota, have recognized the necessity of
having a stand-alone Department of Agriculture; and
WHEREAS, the current missions of the Department of Agriculture and the Department
of Environment and Natural Resources as independent departments serve as a valuable
check and balance on the other department; and
WHEREAS, a combination of the two departments will diminish the focus of services to
the the agricultural producers in the state:
NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Sixth Legislature of

the State of South Dakota, that Executive Order 2021-03 presented to the Ninety-Sixth
Legislature as the same appears in the Senate Journal on pages 52 to 64, inclusive, is
hereby disapproved pursuant to S.D. Const., Art. IV, § 8.
Example 13.26 - Commemoration.
A LEGISLATIVE COMMEMORATION, Honoring Rapid City police officers Nick

Armstrong and James Ryan McCandless for making the ultimate sacrifice
in the line of duty and commending police officer Tim Doyle for his
bravery and service to the Rapid City community.
WHEREAS, August 2, 2021, marks the ten-year anniversary of the tragic incident in
which police officers Nick Armstrong and James Ryan McCandless were fatally shot during
65
a routine police stop in Rapid City. The event that took the lives of Armstrong and
McCandless shocked and saddened both the Rapid City community and the citizens of South
Dakota. Armstrong and McCandless were the first Rapid City police offers killed in the line
of duty since 1916; and
WHEREAS, Armstrong, a two-year veteran of the Rapid City Police Department, and
McCandless, a six-year veteran, were dedicated and selfless public servants. They protected
their community with honor and were deeply loved by family, friends, and colleagues. The
years of grief and loss of the families of Armstrong and McCandless should be recognized;
and
WHEREAS, Tim Doyle, also a Rapid City police officer injured during the incident, should
be commended for his bravery in the line of duty and for his continued service to the Rapid
City community:
NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Sixth Legislature of the State

of South Dakota, that Nick Armstrong and James Ryan McCandless be honored and
remembered for selflessly giving their lives in the line of duty.
66
Legislative Research Council
500 E Capitol Avenue
Pierre, SD 57501
605-773-3251
Website: SDLegislature.gov

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Guide to

There is no one correct way to draft legislation, but there is a preferred

The purpose of this manual is to provide the information necessary to

The cardinal principle of legislative drafting is to minimize the possibility

Unfamiliarity or inexperience should not prevent a person from making

(1) A bill number;

3.1. a NEW SECTION be added to title 1:

• Senate Bills begin with 1;

No draft may be introduced as a bill without at least one individual legislative

Following are examples of preferred usage:

Introduced by: Senator Smith

If a member wishes to indicate that the introduction of a particular bill is at the

Introduced by: Senator Gerhardt by request

Introduced by: The Committee on Health and Human Services at the

Introduced by: The Committee on Commerce and Energy at the

Introduced by: The Committee on State Affairs at the request of the

Introduced by: The Committee on Judiciary at the request of the

3.3.1. ACTIVE VERBS

Some of the most commonly used active verb forms are:

codify create declare define

delete direct establish exempt

extend increase limit modify

permit prohibit provide reduce

regulate remove rename repeal

require restrict retain revise

subject transfer update

3.3.2. BILL TITLE PHRASES

If a bill includes an appropriation, a new tax or tax increase, or if the bill is

• and to provide a penalty therefor

The word "therefor" is included with certain phrases because it is necessary to

3.4. ENACTING CLAUSE

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

In the instance of popular legislation (initiated measures), article III, section 1

BE IT ENACTED BY THE PEOPLE OF SOUTH DAKOTA:

3.5. BODY OF THE BILL

• enactment of new substantive law

Less frequently the purpose of a bill may be the validation or ratification of

3.5.2. SINGLE SUBJECT

If any question arises as to whether a bill embraces more than one

3.5.3. BILL SECTIONS

It is frequently desirable to define words in a bill to assure clarity and precision

If, however, a word has a clear, definite, and common meaning

WORDS AND TERMS DEFINED UNDER SDCL 2-14-2 INCLUDE:

according to usage several

If a section containing definitions is needed, the definition section should

Section 1. That § 83-1-1 be AMENDED:

83-1-1. Terms used in this Act chapter mean:

RULES APPLYING TO DEFINITIONS OF CONVENIENCE

• Place definitions in alphabetical order.

• If amending a definition section that is not in alphabetical order, reorder the

• Do not use the term being defined in its own definition.

• Do not define a word already defined in the chapter being amended.

4.1.3. DEFINITIONS OF LEGAL SUBSTANCE

If a definition constitutes substantive law, it should not be placed in a definition

99-11-56. Any sale which has been verified to be an arms-length

Section 5. That § 43-13-16 be AMENDED:

43-13-16. For purposes of §§ 43-13-17 to 43-13-20.5, inclusive, the

Section 6. That chapter 89-7 be amended with a NEW SECTION:

(1) Any distinctive proprietary food compound not readily mistaken