Lawyer: Constitution does not bar lawmakers from contracts funded by general appropriations bill

Only special appropriations authorized by the Legislature would be disqualifying

The general appropriations bill that funds state government each year does not “authorize” individual contracts that state departments issue for goods and services, a lawyer for the South Dakota Legislature argues.

In a brief filed Tuesday with the South Dakota Supreme Court, Ron Parsons argues the Court should address the issues raised by Gov. Kristi Noem when Noem asked the Court for an advisory opinion on legislators and contracts with the state. As many as a quarter of the 105 sitting lawmakers could be affected by a broad interpretation of the Contracts Clause in the state Constitution.

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“This is a potential crisis that could impact the entire government,” writes Parsons.

Legislative leaders hired Parsons to represent the Legislature in the process. Parsons is a former U.S. attorney for South Dakota, and he is a constitutional law expert at Johnson, Janklow & Abdallah in Sioux Falls.

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