February 14, 1975
Joseph H. Barnett, Speaker
House of Representatives
State Capitol Building
Pierre, South Dakota 57501
OFFICIAL OPINION NO. 75-28
Does House Bill 593 require a two-thirds majority vote for passage?
Dear Speaker Barnett:
You have asked whether house bill 593 requires a two-thirds majority for passage.
House bill 593 raises the fees for hunting and fishing licenses.
In official opinion 75-26, this office ruled that house bill 567, to raise the motor fuel tax, required a two-thirds majority. The money from the motor fuel tax goes into a fund which fuels the continuing appropriation of the Department of Transportation. Based on State ex rel. Mills v. Wilder, 73 S.D. 330, 42 N.W. 2d 891 (1950), I ruled that because of the continuing appropriation, raising the revenue could not be separated from appropriation of the revenue.
The facts are similar here. Fees for hunting and fishing licenses are paid into a special Department of Game, Fish and Parks fund. SDCL 41-2-34. The money is paid out of the fund under a continuing appropriation. SDCL 41-2-35. Therefore, it is my opinion that house bill 593 requires a two-thirds majority for passage.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
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