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SJR 5 To propose a constitutional amendment regarding...
State of South Dakota  
EIGHTY-SECOND SESSION
LEGISLATIVE ASSEMBLY,  2007
 

239N0097  
SENATE JOINT RESOLUTION   NO.     5  

Introduced by:     Senators Olson (Ed), Gray, Hunhoff, Koetzle, and Peterson (Jim) and Representatives Pederson (Gordon), Dennert, Heineman, and Putnam at the request of the Constitutional Revision Commission  


         A JOINT RESOLUTION,  To propose a constitutional amendment regarding certain restrictions on legislators and to allow legislators to participate in certain state contracts.
BE IT RESOLVED BY THE SENATE OF THE STATE OF SOUTH DAKOTA, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN:
     Section  1.  That at the next general election held in the state, the following amendment to Article III, section 12 of the Constitution of the State of South Dakota, as set forth in section 2 of this Joint Resolution, which is hereby agreed to, shall be submitted to the electors of the state for approval.
     Section  2.  That Article III, section 12 of the Constitution of the State of South Dakota, be amended to read as follows:
     § 12.   No member of the Legislature shall, during the term for which he the member was elected or appointed , be appointed or elected to any civil office in the state which shall have been was created, or the emoluments of which shall have been were increased during the term for which he the member was elected or appointed , nor shall any member receive any civil appointment from the Governor, the Governor and senate, or from the Legislature during the

term for which he shall have been the member was elected or appointed , and all such appointments and all votes given for any such members for any such office or appointment shall be void ; nor shall any from the beginning. However, a member of the Legislature may, during the term for which the member was elected or appointed, be appointed by the Governor or the Legislature to any advisory board, commission, or other such body. No member of the Legislature shall during the term for which he shall have been the member was elected or appointed , or within one year six months thereafter, be interested, directly or indirectly, in any contract with the state or any county thereof , authorized by any law passed during the term for which he shall have been the member was elected or appointed. However, a member of the Legislature may, during the term for which the member was elected or appointed, or within six months thereafter, contract with the state or any of its offices, departments, boards, agencies, commissions, or institutions, for the provision of supplies, equipment, services as an independent contractor, or public improvements, or to convey or lease real property, if the contract is awarded after public notice and competitive bidding and there is a subsequent public disclosure of all proposals considered and the contract awarded .