Constitutional Article 8 | South Dakota Legislature

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0N-8 EDUCATION AND SCHOOL LANDS

ARTICLE VIII

EDUCATION AND SCHOOL LANDS

1.      Uniform system of free public schools.
2.      Perpetual trust fund for maintenance of public schools--Principal inviolate.
3.      Fund income apportioned among schools--Apportionment of fines.
4.      Sale of school lands--Appraisal.
5.      Terms of sale of school lands.
6.      Conduct of sales of school lands--Conveyance of right or title.
7.      Perpetual trust fund from proceeds of grants and gifts.
8.      Appraisal and sale of donated lands--Separate accounts.
9.      Lease of school lands.
10.      Trespassers' claims to public lands not recognized--Improvements not compensated.
11.      Investment of permanent educational funds.
12.      Disapproval by Governor of sale, lease or investment.
13.      Audit of losses to permanent educational funds--Permanent debt--Interest.
14.      Protection and defense of school lands.
15.      Taxation to support school system--Classification of property.
16.      Public support of sectarian instruction prohibited.
17.      Interest in sale of school equipment prohibited.
18.      Apportionment of mineral leasing moneys--Amounts covered into permanent funds.
19.      Mineral rights reserved to state--Leases permitted.
20.      Loan of nonsectarian textbooks to all school children.

0N-8-1 Uniform system of free public schools.

§ 1. Uniform system of free public schools. The stability of a republican form of government depending on the morality and intelligence of the people, it shall be the duty of the Legislature to establish and maintain a general and uniform system of public schools wherein tuition shall be without charge, and equally open to all; and to adopt all suitable means to secure to the people the advantages and opportunities of education.

0N-8-2 Perpetual trust fund for maintenance of public schools--Principal inviolate.

§ 2. Perpetual trust fund for maintenance of public schools--Principal inviolate. All proceeds of the sale of public lands that have heretofore been or may hereafter be given by the United States for the use of public schools in the state; all such per centum as may be granted by the United States on the sales of public lands; the proceeds of all property that shall fall to the state by escheat; the proceeds of all gifts or donations to the state for public schools or not otherwise appropriated by the terms of the gift; and all property otherwise acquired for public schools, shall be and remain a perpetual fund for the maintenance of public schools in the state. It shall be deemed a trust fund held by the state. The principal shall never be diverted by legislative enactment for any other purpose, and may be increased; but, if any loss occurs through any unconstitutional act, the state shall make the loss good through a special appropriation.

History: Amendment proposed by SL 1975, ch 4, rejected Nov. 2, 1976; amendment proposed by SL 1998, ch 3, rejected Nov. 3, 1998; amendment proposed by SL 2000, ch 1, § 2, approved Nov. 7, 2000.

0N-8-3 Fund income apportioned among schools--Apportionment of fines.

§ 3. Fund income apportioned among schools--Apportionment of fines. The interest and income of this fund together with all other sums which may be added thereto by law, shall be faithfully used and applied each year for the benefit of the public schools of the state, and shall be for this purpose apportioned among and between all the several public school corporations of the state in proportion to the number of children in each, of school age, as may be fixed by law; and no part of the fund, either principal or interest, shall ever be diverted, by legislative enactment, even temporarily, from this purpose or used for any other purpose whatever than the maintenance of public schools for the equal benefit of all the people of the state. However, before the interest and income is apportioned to the public schools, the principal shall be increased each year by an amount equal to the rate of inflation from the interest and income earned from this fund. The principal may be prudently invested as provided by law.

The proceeds of all fines collected from violations of state laws shall be paid to the county treasurer of the county in which the fine was imposed, and distributed by the county treasurer among and between all of the several public schools incorporated in such county in proportion to the number of children in each, of school age, as may be fixed by law.

History: Amendment proposed by SL 1929, ch 84, approved Nov., 1930; amendment proposed by SL 1941, ch 321, rejected Nov., 1942; amendment proposed by SL 1970, ch 5, rejected Nov. 3, 1970; amendment proposed by SL 1975, ch 4, rejected Nov. 2, 1976; amendment proposed by SL 1982, ch 4, approved Nov. 2, 1982; amendment proposed by SL 1998, ch 3, rejected Nov. 3, 1998; amendment proposed by SL 2000, ch 1, § 3, approved Nov. 7, 2000.

0N-8-4 Sale of school lands--Appraisal.

§ 4. Sale of school lands--Appraisal. After one year from the assembling of the first Legislature, the lands granted to the state by the United States for the use of public schools may be sold upon the following conditions and no other: not more than one-third of all such lands shall be sold within the first five years, and no more than two-thirds within the first fifteen years after the title thereto is vested in the state, and the Legislature shall, subject to the provisions of this article, provide for the sale of the same.

The commissioner of school and public lands, the state auditor and the county superintendent of schools of the counties severally, shall constitute boards of appraisal and shall appraise all school lands within the several counties which they may from time to time select and designate for sale, at their actual value under the terms of sale.

They shall take care to first select and designate for sale the most valuable lands; and they shall ascertain all such lands as may be of special and peculiar value, other than agricultural, and cause the proper subdivision of the same in order that the largest price may be obtained therefor.

History: Amendment proposed by SL 1970, ch 5, rejected Nov. 3, 1970; amendment proposed by SL 1975, ch 4, rejected Nov. 2, 1976; amendment proposed by SL 1984, ch 1, rejected Nov. 6, 1984.

0N-8-5 Terms of sale of school lands.

§ 5. Terms of sale of school lands. No land shall be sold for less than the appraised value, and in no case for less than ten dollars per acre. The purchaser shall pay at least one-tenth of the purchase price in cash. The Legislature shall provide by general law for payment of the balance which shall be made in partial payments and must be fully paid up within thirty years. Interest shall be established by the Legislature. All lands may be sold for cash, provided further, that the purchaser or purchasers shall have the right or option of paying the balance in whole or in part on any interest paying date, under such rules as the Legislature may provide. No land shall be sold until appraised and advertised and offered for sale at public auction. No land can be sold except at public sale.

Such lands as shall not have been specially subdivided shall be offered in tracts of not more than eighty acres and these subdivided into the smallest division of the lands designated for sale and not sold within two years after their appraisal shall be reappraised by the board of appraisers as hereinafter provided before they are sold.

History: Amendment proposed by SL 1913, ch 130, approved Nov., 1914; amendment proposed by SL 1917, ch 160, approved Nov., 1918; amendments proposed by SL 1968, ch 224, rejected Nov. 5, 1968; amendment proposed by SL 1970, ch 5, rejected Nov. 3, 1974; amendment proposed by SL 1975, ch 4, rejected Nov. 2, 1976; amendment proposed by SL 1982, ch 4, approved Nov. 2, 1982.

0N-8-6 Conduct of sales of school lands--Conveyance of right or title.

§ 6. Conduct of sales of school lands--Conveyance of right or title. All sales shall be conducted through the office of the commissioner of school and public lands as may be prescribed by law, and returns of all appraisals and sales shall be made to said office. No sale shall operate to convey any right or title to any lands for sixty days after the date thereof, nor until the same shall have received the approval of the Governor in such form as may be provided by law. No grant or patent for any such lands shall issue until final payment be made.

History: Repeal proposed by SL 1975, ch 4, rejected Nov. 2, 1976; amendment proposed by SL 1984, ch 1, rejected Nov. 6, 1984.

0N-8-7 Perpetual trust fund from proceeds of grants and gifts.

§ 7. Perpetual trust fund from proceeds of grants and gifts. All lands, money, or other property donated, granted, or received from the United States or any other source for a university, agricultural college, normal schools, or other educational or charitable institution or purpose, and the proceeds of all such lands and other property so received from any source, shall be and remain perpetual funds, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and applied to the specific objects of the original grants or gifts. The principal of every such fund may be increased, but shall never be diverted by legislative enactment for any other purpose, and the interest and income only shall be used. Every such fund shall be deemed a trust fund held by the state, and the state shall make good all losses that may occur through any unconstitutional act or where required under the Enabling Act.

History: Amendment proposed by SL 1941, ch 320, rejected Nov., 1942; repeal proposed by SL 1975, ch 4, rejected Nov. 2, 1976; amendment proposed by SL 1998, ch 3, rejected Nov. 3, 1998; amendment proposed by SL 2000, ch 1, § 4, approved Nov. 7, 2000.

0N-8-8 Appraisal and sale of donated lands--Separate accounts.

§ 8. Appraisal and sale of donated lands--Separate accounts. All lands mentioned in the preceding section shall be appraised and sold in the same manner and by the same officers and boards under the same limitations, and subject to all the conditions as to price, sale and approval, provided above for the appraisal and sale of lands for the benefit of public schools, but a distinct and separate account shall be kept by the proper officers of each of such funds.

History: Repeal proposed by SL 1975, ch 4, rejected Nov. 2, 1976.

0N-8-9 Lease of school lands.

§ 9. Lease of school lands. The lands mentioned in this article shall be leased for pasturage, meadow, farming, the growing of crops of grain and general agricultural purposes, and at public auction after notice as hereinbefore provided in case of sale and shall be offered in tracts not greater than one section. All rents shall be payable annually in advance, and no term of lease shall exceed five years, nor shall any lease be valid until it receives the approval of the Governor.

Provided, that any lessee of school and public lands shall, at the expiration of a five-year lease, be entitled, at his option, to a new lease for the land included in his original lease, for a period of time not exceeding five years, without public advertising, at the current rental prevailing in the county in which such land is situated, at the time of the issuance of the new lease. The commissioner of school and public lands shall notify by registered mail each lessee or assignee on or before the first day of November first preceding the expiration of his lease that such lease will expire.

Such option shall be exercised by the lessee by notifying the commissioner of school and public lands by registered mail, on or before the first day of December first preceding the expiration of his lease describing the lands for which he desires a new lease, in the same manner as the same is described in his original lease.

The Legislature may provide by appropriate legislation for the payment of local property taxes by the lessees of school and public lands.

History: Amendment proposed by SL 1909, ch 18, approved Nov., 1910; amendment proposed by SL 1915, ch 232, rejected Nov., 1916; amendment proposed by SL 1947, ch 252, approved Nov., 1948; repeal proposed by SL 1975, ch 4, rejected Nov. 2, 1976; amendment proposed by SL 1984, ch 1, rejected Nov. 6, 1984; amendment proposed by SL 1993, ch 3, §§ 1 and 2, approved Nov. 8, 1994.

0N-8-10 Trespassers' claims to public lands not recognized--Improvements not compensated.

§ 10. Trespassers' claims to public lands not recognized--Improvements not compensated. No claim to any public lands by any trespasser thereon by reason of occupancy, cultivation or improvement thereof, shall ever be recognized; nor shall compensation ever be made on account of any improvements made by such trespasser.

History: Repeal proposed by SL 1975, ch 4, rejected Nov. 2, 1976.

0N-8-11 Investment of permanent educational funds.

§ 11. Investment of permanent educational funds. Except as otherwise required by the Enabling Act, the moneys of the permanent school and other educational and charitable funds shall be invested by the state investment council in stocks, bonds, mutual funds, and other financial instruments as provided by law.

History: Amendment proposed by SL 1901, ch 88, approved Nov., 1902; amendment proposed by SL 1903, ch 99, approved Nov., 1904; amendment proposed by SL 1941, ch 319, rejected Nov., 1942; amendment proposed by SL 1943, ch 263, rejected Nov., 1944; amendment proposed by SL 1949, ch 239, rejected Nov., 1950; amendment proposed by SL 1951, ch 293, approved Nov. 4, 1952; amendment proposed by SL 1968, ch 225, approved Nov. 5, 1968; repeal proposed by SL 1975, ch 4, rejected Nov. 2, 1976; amendment proposed by SL 1978, ch 2, rejected Nov. 7, 1978; amendment proposed by SL 1984, ch 1, rejected Nov. 6, 1984; amendment proposed by SL 1993, ch 4, §§ 1 and 2, rejected Nov. 8, 1994; amendment proposed by SL 1996, ch 1, §§ 1 and 2 (Senate Joint Resolution 001), approved Nov. 5, 1996; amendment proposed by SL 1998, ch 3, rejected Nov. 3, 1998; amendment proposed by SL 2000, ch 1, § 5, approved Nov. 7, 2000.

0N-8-12 Disapproval by Governor of sale, lease or investment.

§ 12. Disapproval by Governor of sale, lease or investment. The Governor may disapprove any sale, lease or investment other than such as are intrusted to the counties.

History: Repeal proposed by SL 1975, ch 4, rejected Nov. 2, 1976.

0N-8-13 Audit of losses to permanent educational funds--Permanent debt--Interest.

§ 13. Audit of losses to permanent educational funds--Permanent debt--Interest. The permanent school or other educational and charitable funds of this state shall be audited by the proper authorities of the state. If any loss occurs through any unconstitutional act, the state shall make the loss good through a special appropriation. The amount of indebtedness so created shall not be counted as a part of the indebtedness mentioned in article XIII, 2.

History: Repeal proposed by SL 1975, ch 4, rejected Nov. 2, 1976; amendment proposed by SL 1998, ch 3, rejected Nov. 3, 1998; amendment proposed by SL 2000, ch 1, § 6, approved Nov. 7, 2000.

0N-8-14 Protection and defense of school lands.

§ 14. Protection and defense of school lands. The Legislature shall provide by law for the protection of the school lands from trespass or unlawful appropriation, and for their defense against all unauthorized claims or efforts to divert them from the school fund.

History: Repeal proposed by SL 1975, ch 4, rejected Nov. 2, 1976.

0N-8-15 Taxation to support school system--Classification of property.

§ 15. Taxation to support school system--Classification of property. The Legislature shall make such provision by general taxation and by authorizing the school corporations to levy such additional taxes as with the income from the permanent school fund shall secure a thorough and efficient system of common schools throughout the state. The Legislature is empowered to classify properties within school districts into separate classes for purposes of school taxation. Taxes shall be uniform on all property in the same class.

History: Amendment proposed by SL 1929, ch 85, approved Nov., 1930; amendment proposed by SL 1964, ch 174, rejected Nov. 3, 1964; amendment proposed by SL 1965, ch 275, approved Nov. 8, 1966; amendment proposed by SL 1998, ch 2, rejected Nov. 3, 1998; initiated measure proposed by SL 1998, ch 332, rejected Nov. 3, 1998; amendment proposed SL 1999, ch 1, §§ 1, 2, approved Nov. 7, 2000.

0N-8-16 Public support of sectarian instruction prohibited.

§ 16. Public support of sectarian instruction prohibited. No appropriation of lands, money or other property or credits to aid any sectarian school shall ever be made by the state, or any county or municipality within the state, nor shall the state or any county or municipality within the state accept any grant, conveyance, gift or bequest of lands, money or other property to be used for sectarian purposes, and no sectarian instruction shall be allowed in any school or institution aided or supported by the state.

0N-8-17 Interest in sale of school equipment prohibited.

§ 17. Interest in sale of school equipment prohibited. No teacher, state, county, township or district school officer shall be interested in the sale, proceeds or profits of any book, apparatus or furniture used or to be used in any school in this state, under such penalties as shall be provided by law.

0N-8-18 Apportionment of mineral leasing moneys--Amounts covered into permanent funds.

§ 18. Apportionment of mineral leasing moneys--Amounts covered into permanent funds. Notwithstanding the provisions of §§ 2, 3 and 7 of article VIII of this Constitution, moneys received from the leasing of all common school, indemnity, and endowment lands for oil and gas and other mineral leasing of said lands shall be apportioned among the public schools and the various state institutions in such manner that the public schools and each of such institutions shall receive an amount which bears the same ratio to the total amount apportioned as the number of acres (including any that may have been disposed of) granted for such public schools or for such institutions bears to the total number of acres (including any that may have been disposed of) granted in trust to the state by the Enabling Act approved February 22, 1889, as amended, and allocations authorized pursuant to the provisions of § 17 of such Enabling Act; and further that not less than fifty percent of each such amount so allocated shall be covered into the permanent fund of the public schools and each of such institutions.

History: Section proposed by SL 1953, ch 310, adopted Nov., 1954; repeal proposed by SL 1975, ch 4, rejected Nov. 2, 1976.

0N-8-19 Mineral rights reserved to state--Leases permitted.

§ 19. Mineral rights reserved to state--Leases permitted. All gas, coal, oil and mineral rights, and any other rights, as specified by law, to or in public lands, are reserved for the state. Leases may be executed by the state for the exploration, extraction and sale of such materials in the manner and with such conditions as are provided by law.

History: Section proposed by SL 1978, ch 1, approved Nov. 7, 1978.

0N-8-20 Loan of nonsectarian textbooks to all school children.

§ 20. Loan of nonsectarian textbooks to all school children. Notwithstanding the provisions of section 3, Article VI and section 16, Article VIII, the Legislature may authorize the loaning of nonsectarian textbooks to all children of school age.

History: Section proposed by SL 1986, ch 3, approved Nov. 4, 1986; amendment proposed by SL 2004, ch 1, § 2, rejected Nov. 2, 2004.