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    ARTICLE XXI

    MISCELLANEOUS

1.    Seal and coat of arms.

2.    Salary of constitutional officers.

3.    Oath of office.

4.    Exemptions.

5.    Rights of married women.

6.    Drainage of agricultural lands.

7.    Irrigation of agricultural lands.

8.    Hail insurance.

9.    Marriage.

10.    Medicaid eligibility expanded.


0N-21-1 Seal and coat of arms.
     § 1.   Seal and coat of arms. The design of the great seal of South Dakota shall be as follows: A circle within which shall appear in the left foreground a smelting furnace and other features of mining work. In the left background a range of hills. In the right foreground a farmer at his plow. In the right background a herd of cattle and a field of corn. Between the two parts thus described shall appear a river bearing a steamboat. Properly divided between the upper and lower edges of the circle shall appear the legend, "Under God the People Rule" which shall be the motto of the state of South Dakota. Exterior to this circle and within a circumscribed circle shall appear, in the upper part, the words, "State of South Dakota," in the lower part the words, "Great Seal," and the date in Arabic numerals of the year in which the state shall be admitted to the union.


0N-21-2 Salary of constitutional officers.
     § 2.   Salary of constitutional officers. The Legislature by two-thirds vote of each branch thereof at any regular session may fix the salary of any or all constitutional officers including members of the Legislature. In fixing any such salary the Legislature shall determine the effective date thereof and may in its discretion decrease or increase the salary of any officer during his term.

History: Amendment proposed by SL 1915, ch 230, rejected Nov., 1916; amendment proposed by SL 1917, ch 166, rejected Nov., 1918; amendment proposed by SL 1919, ch 139, rejected Nov., 1920; amendment proposed by SL 1921, ch 149, rejected Nov., 1922; amendment proposed by SL 1925, ch 116, rejected Nov., 1926; amendment proposed by SL 1929, ch 87, rejected Nov., 1930; amendment proposed by SL 1931, ch 101, rejected Nov., 1932; amendment proposed by SL 1941, ch 318, rejected Nov., 1942; amendment proposed by SL 1945, ch 314, approved Nov., 1946; repeal proposed by SL 1974, ch 1, rejected Nov. 5, 1974.


0N-21-3 Oath of office.
     § 3.   Oath of office. Every person elected or appointed to any office in this state, except such inferior offices as may be by law exempted, shall, before entering upon the duties thereof, take an oath or affirmation to support the Constitution of the United States and of this state, and faithfully to discharge the duties of his office.

History: Repeal proposed by SL 1974, ch 1, rejected Nov. 5, 1974.


0N-21-4 Exemptions.
     § 4.   Exemptions. The right of the debtor to enjoy the comforts and necessaries of life shall be recognized by wholesome laws exempting from forced sale a homestead, the value of which shall be limited and defined by law, to all heads of families, and a reasonable amount of personal property, the kind and value of which to be fixed by general laws.

History: Amendment proposed by SL 1893, ch 39, rejected Nov., 1894; repeal proposed by SL 1975, ch 3, rejected Nov. 2, 1976.


0N-21-5 Rights of married women.
     § 5.   Rights of married women. The real and personal property of any woman in this state, acquired before marriage, and all property to which she may after marriage become in any manner rightfully entitled, shall be her separate property, and shall not be liable for the debts of her husband.

History: Repeal proposed by SL 1975, ch 3, rejected Nov. 2, 1976.


0N-21-6 Drainage of agricultural lands.
     § 6.   Drainage of agricultural lands. The drainage of agricultural lands is hereby declared to be a public purpose and the Legislature may provide therefor, and may provide for the organization of drainage districts for the drainage of lands for any public use, and may vest the corporate authorities thereof, and the corporate authorities of counties, townships and municipalities, with power to construct levees, drains and ditches, and to keep in repair all drains, ditches and levees heretofore constructed under the laws of this state, by special assessments upon the property benefited thereby, according to benefits received.

History: Section proposed by SL 1905, ch 70, adopted Nov., 1906.


0N-21-7 Irrigation of agricultural lands.
     § 7.   Irrigation of agricultural lands. The irrigation of agricultural lands is hereby declared to be a public purpose and the Legislature may provide for the organization of irrigation districts for the irrigation of land, and may vest the corporate authorities thereof and the corporate authorities of counties, townships and municipalities with the power to construct, operate and maintain irrigation dams, reservoirs, canals, flumes, ditches and laterals, and to keep in repair all irrigation dams, reservoirs, canals, flumes, ditches and laterals heretofore constructed, under the laws of the state, by special assessments upon the property benefited thereby, according to the benefits received.

History: Section proposed by SL 1913, ch 136, rejected Nov., 1914; section proposed by SL 1915, ch 229, adopted Nov., 1916.


0N-21-8 Hail insurance.
     § 8.   Hail insurance. The providing of insurance against loss or damage to crops by hail is hereby declared to be a public purpose, and the Legislature is authorized and empowered to levy an assessment upon agricultural land for such purpose, with such exemptions as may be provided by law. The state may be divided into hail insurance districts and the assessment per acre in the different districts shall be as the Legislature may determine, but such assessment shall be uniform upon all land of the same district that is similarly situated. The assessment hereby authorized may be levied by the Legislature direct, or by the corporate authorities of the districts herein provided for, or by such other agency as may be authorized by general law.

History: Section proposed by SL 1917, ch 167, adopted Nov., 1918.


0N-21-9 Marriage.
     § 9.   Marriage. Only marriage between a man and a woman shall be valid or recognized in South Dakota. The uniting of two or more persons in a civil union, domestic partnership, or other quasi-marital relationship shall not be valid or recognized in South Dakota.

History: Amendment proposed by SL 2005, ch 1, § 2, approved Nov. 7, 2006.


§ 10. Medicaid eligibility expanded.

Beginning July 1, 2023, the State of South Dakota shall provide Medicaid benefits to any person over eighteen and under sixty-five whose income is at or below one hundred thirty-three percent of the federal poverty level plus five percent of the federal poverty level for the applicable family size, as authorized by federal law as of January 1, 2021. Such person shall receive coverage that meets or exceeds the benchmark or benchmark-equivalent coverage requirements, as such terms are defined by federal law as of January 1, 2021.

The State of South Dakota may not impose greater or additional burdens or restrictions on eligibility or enrollment standards, methodologies, or practices on any person eligible under this section than on any person otherwise eligible for Medicaid under South Dakota law.

No later than March 1, 2023, the Department of Social Services shall submit all state plan amendments necessary to implement this section to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services.

The State of South Dakota shall take all actions necessary to maximize the federal financial medical assistance percentage in funding medical assistance pursuant to this section.

This section shall be broadly construed to accomplish its purposes and intents. If any provision in this section or the application thereof to any person or circumstance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of the section that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this section are severable.

History: Proposed by initiated amendment (Constitutional Amendment D), approved Nov. 8, 2022, eff. Jul. 1, 2023.

Effective July 1, 2025

§ 10. Medicaid eligibility expanded.

Beginning July 1, 2023, the State of South Dakota shall provide Medicaid benefits to any person over eighteen and under sixty-five whose income is at or below one hundred thirty-three percent of the federal poverty level plus five percent of the federal poverty level for the applicable family size, as authorized by federal law as of January 1, 2021. Such person shall receive coverage that meets or exceeds the benchmark or benchmark-equivalent coverage requirements, as such terms are defined by federal law as of January 1, 2021.

The State of South Dakota may not impose greater or additional burdens or restrictions on eligibility or enrollment standards, methodologies, or practices on any person eligible under this section than on any person otherwise eligible for Medicaid under South Dakota law, except that the State of South Dakota may, to the extent permitted by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, impose a work requirement on any person, eligible under this section, who has not been diagnosed as being physically or mentally disabled.

No later than March 1, 2023, the Department of Social Services shall submit all state plan amendments necessary to implement this section to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services.

The State of South Dakota shall take all actions necessary to maximize the federal financial medical assistance percentage in funding medical assistance pursuant to this section.

This section shall be broadly construed to accomplish its purposes and intents. If any provision in this section or the application thereof to any person or circumstance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of the section that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this section are severable.

History: Proposed by initiated amendment (Constitutional Amendment D), approved Nov. 8, 2022, eff. Jul. 1, 2023; amendment proposed by SL 2024, ch 2 (Constitutional Amendment F), approved Nov. 5, 2024, eff. Jul. 1, 2025.