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SJR 1 To propose a constitutional amendment to revise...
State of South Dakota  
EIGHTY-SECOND SESSION
LEGISLATIVE ASSEMBLY,  2007
 

257N0100  
SENATE JOINT RESOLUTION   NO.     1  

Introduced by:     Senators Hunhoff, Gray, Koetzle, Olson (Ed), 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 to revise certain provisions regarding the legislative process.
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, the following amendments to Article III of the Constitution of the State of South Dakota, as set forth in sections 2 to 7, inclusive, of this Joint Resolution, which are hereby agreed to, shall be submitted to the electors of the state for approval.
     Section  2.  That Article III, section 2 of the Constitution of the State of South Dakota, be amended to read as follows:
     § 2.   After the Legislature elected for the years 1937 and 1938 the The number of members of the house of representatives shall not be less than fifty nor more than seventy-five , and the number of members of the senate shall not be less than twenty-five nor more than thirty-five.
     The sessions of the Legislature shall be biennial except as otherwise provided in this Constitution.
     Section  3.  That Article III, section 6 of the Constitution of the State of South Dakota, be amended to read as follows:
     § 6.   The terms of office of the members of the Legislature shall be two years; they shall receive for their services the salary fixed by law under the provisions of § 2 of article XXI of this Constitution , and five cents for every mile of necessary travel in going to and returning from the place of meeting of the Legislature on the most usual route .
     No person may serve more than four consecutive terms or a total of eight consecutive years in the senate and more than four consecutive terms or a total of eight consecutive years in the house of representatives. However, this restriction does not apply to partial terms to which a legislator may be appointed or to legislative service before January 1, 1993 .
     A regular session of the Legislature shall be held in each odd-numbered year and shall not exceed forty legislative days, excluding Sundays, holidays , and legislative recess, except in cases of impeachment, and members not exceed forty legislative days in each odd-numbered year and shall not exceed thirty-five legislative days in each even-numbered year except in cases of impeachment. Sundays, holidays, and days of legislative recess shall not be included as legislative days. Members of the Legislature shall receive no other pay or perquisites except salary , expenses, per diem , and mileage as provided by law .
     A regular session of the Legislature shall be held in each even-numbered year beginning with the year 1964 and shall not exceed thirty-five legislative days, excluding Sundays, holidays and legislative recess, except in cases of impeachment, and members of the Legislature shall receive no other pay or perquisites except salary and mileage.
     Section  4.  That Article III, section 13 of the Constitution of the State of South Dakota, be amended to read as follows:
     § 13.   Each house shall keep a journal of its proceedings and publish the same from time to

time, except such parts as require secrecy, and the as provided by law. The yeas and nays of members on any question shall be taken at the desire of one-sixth of those present and entered upon the journal.
     Section  5.  That Article III, section 14 of the Constitution of the State of South Dakota, be amended to read as follows:
     § 14.   In all elections to be made by the Legislature the members thereof shall vote viva voce and their votes shall be entered in the journal.
     Section  6.  That Article III, section 17 of the Constitution of the State of South Dakota, be amended to read as follows:
     § 17.   Every bill shall be read twice entered upon the journal , by number and title once , when introduced , and once upon shall be read, by number and title, prior to final passage , but one reading at length may be demanded at any time before final passage .
     Section  7.  That Article III, section 29 of the Constitution of the State of South Dakota, be amended to read as follows:
     § 29.   Notwithstanding any general or special provisions of the Constitution, in order to insure continuity of state and local governmental operations in periods of emergency resulting from disasters a natural or man-made disaster or a disaster caused by enemy attack, the Legislature shall have the power and the immediate duty (1) to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and (2) to adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations. In the exercise of the powers hereby conferred the Legislature shall in all respects conform to the requirements of this Constitution except to the extent that in the judgment of the Legislature so to do would

be impracticable or would admit of undue delay.