This bill establishes that legal treatises, scholarly articles, textbooks, and similar secondary sources cannot be treated as authoritative statements of South Dakota law if they conflict with the state constitution, state statutes, court precedents, or common law. Courts and other decision-makers must rely instead on these primary legal sources—the actual constitutional text, laws passed by the legislature, and prior court rulings—rather than what legal experts write about the law. This prevents secondary sources from being used to create, eliminate, or expand legal rights and remedies that aren't already established in those primary sources.
State Affairs Deferred to the 41st legislative day Passed, YEAS 6, NAYS 2.
State Affairs Scheduled for hearing
First read in Senate and referred to Senate State Affairs S.J. 344
House of Representatives Do Pass Amended Passed, YEAS 62, NAYS 7. H.J. 335
Judiciary Do Pass Amended Passed, YEAS 9, NAYS 3.
Judiciary Motion to amend
Judiciary Scheduled for hearing
First read in House and referred to House Judiciary H.J. 175
David Wheeler
Prime sponsor · Sen.
R
Jon Hansen
Prime sponsor · Rep.
R
State Affairs — Deferred to the 41st legislative day
Do Pass Amended
Judiciary — Do Pass Amended