Republican faction challenging legislative process as unconstitutional

Lawmakers argue governor is intruding on their constitutional powers

Jan 21, 2023

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PIERRE – A group of conservative House members is challenging the process by which state agencies introduce legislation, arguing that process violates the state Constitution.

The legislation in question are known as agency bills, and they are introduced in committees on behalf of state agencies seeking changes to South Dakota laws. As written, they do not have the name of a lawmaker as a sponsor.

Members of the conservative Freedom Caucus argue that agencies, which fall under the executive branch headed by the governor, are an intrusion on the Legislature’s rights under the Constitution. The Constitution establishes the three branches of government, the executive, legislative and judicial.

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