STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

January 16, 1970

Ronald G. Schmidt, Director
Legislative Research Council
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 70-3

Continuation of membership of members of Constitutional Revision Commission

Dear Mr. Schmidt:

We have had under consideration your letter of November 24, 1969 concerning Section 2 of Chapter 225 of the 1969 South Dakota Session Laws. Section 2 of said Chapter 225 sets the membership of the Commission at 13 which is to include six legislators. Three of these are appointed by the presiding officer of the South Dakota Senate from the members thereof and three by the presiding officer of the South Dakota House of Representatives from the members thereof.

Your specific question is:

Does membership continue if for any reason a legislative member of the Commission terminates his legislative seat?

It is our opinion that the individual must be a member of the Legislature to continue as a member of the Commission.

It is obviously the intent of the Act to establish strong liaison between the Commission and the Legislature and this is accomplished by having six legislators on the Commission itself. If for any reason the individual legislator terminates his legislative seat, the liaison between the Commission and the Legislature would be lost.

Respectfully submitted,

Gordon Mydland
Attorney General