In re Interpretation Of South Dakota Constitution and State Laws Regarding Eligibility For CRF Grant Programs

The Supreme Court issued an advisory opinion requested by the Governor of the State of South Dakota questioning whether the South Dakota Constitution or any state law prohibits a current state legislator from being eligible to receive funds from coronavirus relief fund (CRF) Grant Programs. The Supreme Court concluded that a solemn occasion existed and that it would answer the question posed. The Court then answered that S.D. Const. Art. III, 12 precludes a current state legislator from contracting directly or indirectly with the State to receive funds from CRF Grant Programs.