In re Request of Governor Dennis Daugaard for Advisory Opinions Regarding the Interpretation of South Dakota Constitution Article XI, § 2 and Article VIII, § 16

Summary

The South Dakota Supreme Court declined to issue advisory opinions requested by Governor Dennis Daugaard concerning the constitutionality of SB 136, addressing cropland assessment, and SB 159, providing tax credits for contributions to a scholarship organization. The Court held that the questions did not involve the Governor's executive power and did not arise upon a solemn occasion warranting an advisory opinion, particularly because alternative judicial remedies existed and private rights could be affected.

Holdings

1. The requests did not involve the exercise of the Governor's executive power because signing, vetoing, or failing to sign the bills would exhaust the relevant executive action, and the bills did not require further executive action by the Governor.
2. The requests did not arise upon a solemn occasion warranting advisory opinions because the questions were not urgent, did not significantly affect state government or the public generally, involved potential private rights, and could be resolved through ordinary judicial remedies.
3. The Court declined to answer either constitutional question by advisory opinion.

Questions Presented

1. Whether the constitutionality of SB 136 and SB 159 involved important questions of law in the exercise of the Governor's executive power under South Dakota Constitution Article V, § 5.
2. Whether the requests concerning SB 136 and SB 159 arose upon a solemn occasion warranting an advisory opinion under Article V, § 5.
3. Whether the Court should answer the Governor's constitutional questions through the advisory-opinion procedure despite the availability of ordinary judicial remedies and the absence of full adversary briefing.

Disposition

other