The South Dakota Supreme Court has done a 180 on the constitutional provision that prohibits elected officials from authorizing contracts with the state.
That’s according to Neil Fulton, dean of the USD Knudson School of Law, in a recent law review article "Assessing the Past and Future of Article III, Section 12 of the South Dakota Constitution."
In 2024, the court said voting on the general appropriations act — essentially the state budget — does not authorize a direct contract with the state. That would allow lawmakers to do certain business with the state while in office.
The advisory opinion came in the wake of a case involving a state lawmaker’s business that received federal pandemic aid for several years.
SDPB recently reported state Sen. Jessica Castleberry, R-Rapid City, has defaulted on nearly $500,000 in payments back to the state.
In an interview with SDPB’s Lee Strubinger, Fulton says interpretations of the provision have changed as the state changes.
To hear the full interview with Neil Fulton, click play below.
