PREAMBLE
We, the people of South Dakota, grateful to Almighty God for our civil and religious liberties, in order to form a more perfect and independent government, establish justice, insure tranquility, provide for the common defense, promote the general welfare and preserve to ourselves and to our posterity the blessings of liberty, do ordain and establish this Constitution for the state of South Dakota.
History: Amendment proposed by SL 1975, ch 1, rejected Nov. 2, 1976.
ARTICLE III
LEGISLATIVE DEPARTMENT
1. Legislative Power--Initiative And Referendum.
2. Number Of Legislators--Regular Sessions.
3. Qualifications For Legislative Office--Officers Ineligible.
4. Disqualification For Conviction Of Crime--Defaults On Public Money.
5. Legislative Reapportionment.
6. Legislative Terms Of Office--Compensation--Regular Sessions.
7. Convening Of Annual Sessions.
8. Oath Required Of Legislators And Officers--Forfeiture Of Office For False Swearing.
9. Each House As Judge Of Qualifications--Quorum--Rules Of Proceedings--Officers And Employees.
10. Filling Legislative Vacancies.
11. Legislators' Privilege From Arrest--Freedom Of Debate.
12. Legislators Ineligible For Other Office--Contracts With State Or County.
13. Legislative Journals--Recording Of Yeas And Nays.
14. Elections Viva Voce.
15. Open Legislative Sessions--Exception.
16. Adjournment Of Legislative Houses.
17. Reading Of Bills.
18. Enacting Clause--Assent By Majority--Recording Of Votes.
19. Signing Of Bills And Resolutions.
20. Origin Of Bills--Amendment In Other House.
21. One Subject Expressed In Title.
22. Effective Date Of Acts--Emergency Clause.
23. Private And Special Laws Prohibited.
24. Release Of Debt To State Or Municipality.
25. Games Of Chance Prohibited--Exceptions.
26. Municipal Powers Denied To Private Organizations.
27. Suits Against The State.
28. Bribery And Corrupt Solicitation Of Officers—Compelling Testimony--Immunity From Prosecution.
29. Legislative Powers In Emergency From Enemy Attack.
30. Power Of Committee Of Legislature To Suspend Administrative Rules And Regulations.
31. Convening Of Special Sessions Upon Petition.
32. Term Limitations For United States Congressmen.
1.
Executive power.
2.
Qualification, election, and term.
3.
Powers and duties of the Governor.
4.
Veto power.
5.
Powers and duties of lieutenant governor.
6.
Succession of executive power.
7.
Other executive officers--Powers and duties.
8.
Reorganization.
9.
Appointment and removal power.
10 to 13. Superseded.
1.
Judicial powers.
2.
Supreme Court.
3.
Circuit courts.
4.
Courts of limited jurisdiction.
5.
Jurisdiction of courts.
6.
Qualifications of judicial personnel.
7.
Judicial selection.
8.
Selection of the chief justice.
9.
Qualifications commission.
10.
Restrictions.
11.
Administration.
12.
Rule-making power.
13.
Transition.
14 to 39. Superseded.
1.
Inherent rights.
2.
Due process--Right to work.
3.
Freedom of religion--Support of religion prohibited.
4.
Right of petition and peaceable assembly.
5.
Freedom of speech--Truth as defense--Jury trial.
6.
Jury trial--Reduced jury--Three-fourths vote.
7.
Rights of accused.
8.
Right to bail--Habeas corpus.
9.
Self-incrimination--Double jeopardy.
10.
Indictment or information--Modification or abolishment of grand jury.
11.
Search and seizure.
12.
Ex post facto laws--Impairment of contract obligations--Privilege or immunity.
13.
Private property not taken without just compensation--Benefit to owner--Fee in
highways.
14.
Resident aliens' property rights.
15.
Imprisonment for debt.
16.
Military subordinate to civil power--Quartering of soldiers.
17.
Taxation without consent--Uniformity.
18.
Equal privileges or immunities.
19.
Free and equal elections--Right of suffrage--Soldier voting.
20.
Courts open--Remedy for injury.
21.
Suspension of laws prohibited.
22.
Attainder by Legislature prohibited.
23.
Excessive bail or fines--Cruel punishments.
24.
Right to bear arms.
25.
Treason.
26.
Power inherent in people--Alteration in form of government--Inseparable part of
Union.
27.
Maintenance of free government--Fundamental principles.
28.
Right to vote by secret ballot.
29.
Rights of crime victim.
1.
Right to vote.
2.
Voter qualification.
3.
Elections.
4 to 10. Superseded.
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.
1.
Organization of local government.
2.
Home rule.
3.
Intergovernmental cooperation.
4.
Local initiatives to provide for cooperation and organization of local governmental
units.
5 to 7. Superseded.
1.
Annual tax.
2.
Classification of property for taxation--Income.
3.
Corporate tax power of state not suspended.
4.
Banks and bankers taxed.
5.
Public property exempt from taxation--Exceptions.
6.
Property exempt from taxation--Personal property.
7.
Other exemption laws void.
8.
Object of tax to be stated--Use of vehicle and fuel taxes.
9.
Taxes paid into treasury--Appropriations required for expenditure.
10.
Special assessments for local improvements--Taxes for municipal purposes.
11.
Unauthorized use of public money as felony.
12.
Annual statement of receipts and expenditures.
13.
Vote required to increase certain tax rates or valuations.
14.
Vote required to impose or increase taxes.
15.
Inheritance tax prohibited.
1.
Appropriation and warrant required for payment from treasury.
2.
Contents of general appropriation bill--Separate appropriation bills.
3.
Extra compensation prohibited--Unauthorized contracts--Change in compensation
of officers--Appropriations for defense of state.
4.
Annual statement required.
5.
Health care trust fund established--Investment--Appropriations.
6.
Education enhancement trust fund established--Investment--Appropriations.
7.
Balanced budget.
1.
State enterprises--Legislative vote required--Defense of state--Rural credits--Maximum indebtedness.
2.
Maximum state debt--Irrepealable tax to repay.
3.
State debt as in addition to territorial debt.
4.
Debt limitations for municipalities and political subdivisions.
5.
Irrepealable tax to repay debt of municipality or political subdivision.
6.
Adjustment of debts and liabilities of territory of Dakota.
7.
Obligation of state to pay proportion of territorial debt.
8.
Refunding bond issue authorized for territorial debt payment.
9.
Road construction and coal supply by state.
10.
State cement enterprises.
11.
State pledge to fund cement enterprises.
12.
State electric power enterprises.
13.
State pledge to fund electric power enterprises.
14.
State coal mining enterprises.
15.
State pledge to fund coal enterprises.
16.
Works of internal improvement--State indebtedness.
17.
Home loans by state--Debt limitation inapplicable.
18.
Compensation of military and war relief personnel--Maximum indebtedness.
19.
Bonus paid to veterans and deceased veterans' dependents.
20.
Trust fund created with proceeds from sale of state cement enterprises--Investment.
21.
Transfers from trust fund to general fund in support of education.
1.
Charitable and penal institutions.
2.
Government of charitable and penal institutions.
3.
Governance of state educational institutions.
4.
Repealed.
5.
Mining and metallurgy to be taught.
1.
Composition of militia.
2.
Legislative provisions for militia.
3.
Conformity to federal regulations.
4.
Commissions of officers of militia.
5.
Militia privileged from arrest.
6.
Safekeeping of military records and relics.
7.
Conscientious objectors.
1.
Power of impeachment in house--Majority required.
2.
Trial of impeachments--Presiding officer.
3.
Officers subject to impeachment--Grounds--Removal from office--Criminal
prosecution.
4.
Removals of officers not subject to impeachment.
5.
Suspension of duties between impeachment and acquittal.
6.
Lieutenant governor not to try Governor.
7.
Service of copy of impeachment before trial required.
8.
Impeachment twice for same offense prohibited.
1.
Special corporation laws prohibited--State-controlled corporations excepted.
2.
Invalidation of charters without bona fide organization and business.
3.
Laws for benefit of corporation as conditioned on compliance with Constitutional
provision.
4.
Corporations subject to eminent domain--Police power.
5.
Casting of votes for directors or managers.
6.
Place of business and authorized agent required of foreign corporation.
7.
Business to be expressed in charter--Real estate restricted.
8.
Stocks and bonds--Indebtedness increase.
9.
Legislature's power to alter, revise, or annul corporate charters--Creation, renewal,
or extension.
10.
Local consent required for grant of street railroad right.
11.
Construction and maintenance of telegraph lines--Controlling interest in competing
company prohibited.
12.
Railroad corporations.
13.
Movable property of railroad corporation considered personalty--Execution and sale.
14.
Consolidation of railroad lines--Forfeiture of charter for evasion of provisions.
15.
Railways and rail companies declared public highways and common carriers--Regulation of rates.
16.
Right to construct and operate railroad--Passengers, tonnage, and cars.
17.
Rate discrimination prevention.
18.
Compensation for private property taken for public use--Assessment of damages.
19.
Corporations defined.
20.
Monopolies and trusts prohibited--Combinations in restraint of trade--Legislative
powers.
21.
Corporate or syndicate farming prohibited--Definitions--Restrictions.
22.
Restrictions--Application.
23.
Loss of qualification--Requalification or dissolution.
24.
Annual report--Violations--Action and enforcement.
1.
General banking law--Provisions required.
2.
Bank to cease operations within twenty years of organization--Reorganization.
3.
Liability of banking corporation shareholders and stockholders--Exemption under
federal law.
1.
Congressional representatives elected at large.
2.
Senatorial and representative districts--Apportionment.
1.
Temporary seat of government--Vote.
2.
Permanent seat of government--Vote.
3.
Election between two places with highest votes if majority vote not received.
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.
1.
Amendments.
2.
Revision.
3.
Ratification.
MINORITY REPRESENTATION [REJECTED]
1.
Continuation of prior writs, actions, claims, and bodies corporate--Validation of
previously issued process.
2.
Fines, forfeitures, and escheats of territory to accrue to state.
3.
Recognizances, bonds, obligations, and undertakings--Criminal prosecutions and
penal actions.
4.
Civil and military officers.
5.
Election of Constitution and state officers--Ballots.
6.
Election for temporary seat of government.
7.
Conduct of election.
8.
Election returns.
9.
Canvass of vote--Filing with county clerks or auditors.
10.
Certification of senator or representative from multi-county district.
11.
Delivery of returns to proper state officer--Certification to president--Proclamation
of election result--Lists of elected officers--Certificates of election.
12.
Apportionment of state Legislature--Number of senators and representatives initially
elected.
13.
First assembly of Legislature--Oaths of office.
14.
Election of two United States senators--Two representatives.
15.
Adjournment after election of senators--Next meeting.
16.
Legislature and officers to exercise necessary and authorized powers only pending
admission of state into union.
17.
Validity of ordinances and schedule.
18.
Freedom of religion--Public lands--Indian lands--Uniformity of taxation--Territorial
debt--Public schools--Federal reservations--Irrevocability.
19.
Tenure of elected officers.
20.
Time of general election.
21.
Form of ballot.
22.
Enrollment of Constitution--Delivery to secretary of state--Inclusion in state laws--Copy to President of United States.
23.
Agreement by joint commission concerning territorial records, books, and archives.
1. School and governmental bonds--Farm loans.
1. Provision for elevators and warehouses--Marketing of agricultural products--Flouring mills and packing houses.
ARTICLE XXX
MARIJUANA AND HEMP
1. Definitions.
2. Laws Not Limited Or Affected By This Article.
3. Employment--Public And Private Property.
4. Acts That Are Not Unlawful.
5. Civil Penalties.
6. Power And Duties Of Department.
7. Promulgation Of Rules.
8. Number Of Licenses.
9. Conduct Permitted By License--Contracts--Professional Services.
10. Local Ordinances.
11. Excise Tax--Use Of Revenue.
12. Compliance With Administrative Procedures Act--Mandamus.
13. Annual Report.
14. Marijuana For Medical Use--Hemp.
15. Construction Of Article--Severability.
