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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.

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-1 Legislative power--Initiative and referendum. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 1.\r\n \r\n\r\n\r\nLegislative power--Initiative and referendum.\r\n \r\nThe legislative power of the state shall\r\nbe vested in a Legislature which shall consist of a senate and house of representatives. However,\r\nthe people expressly reserve to themselves the right to propose measures, which shall be\r\nsubmitted to a vote of the electors of the state, and also the right to require that any laws which\r\nthe Legislature may have enacted shall be submitted to a vote of the electors of the state before\r\ngoing into effect, except such laws as may be necessary for the immediate preservation of the\r\npublic peace, health or safety, support of the state government and its existing public institutions.\r\nNot more than five percent of the qualified electors of the state shall be required to invoke either\r\nthe initiative or the referendum.
\r\n\r\n

\r\nThis section shall not be construed so as to deprive the Legislature or any member thereof of the\r\nright to propose any measure. The veto power of the Executive shall not be exercised as to measures\r\nreferred to a vote of the people. This section shall apply to municipalities. The enacting clause of all\r\nlaws approved by vote of the electors of the state shall be: "Be it enacted by the people of South\r\nDakota." The Legislature shall make suitable provisions for carrying into effect the provisions of\r\nthis section.
\r\n

\r\n\r\n\r\n History: Amendment proposed by SL 1897, ch 39, approved Nov. 8, 1898; amendment proposed\r\nby SL 1913, ch 132, rejected Nov. 3, 1914; amendment proposed by SL 1921, ch 146, rejected Nov.,\r\n1922; amendment proposed by SL 1969, ch 242, rejected Nov. 3, 1970; amendment proposed by SL\r\n1974, ch 1, rejected Nov. 5, 1974; amendment proposed by SL 1975, ch 2, as amended by SL 1976,\r\nch 1, rejected Nov. 2, 1976; amendments proposed by SL 1980, chs 2 and 3, rejected Nov. 4, 1980;\r\namendment proposed by SL 1987, ch 1, approved November 8, 1988.\r\n\r\n

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-2 Number of legislators--Regular sessions. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n

\r\n \r\n§ 2.\r\n \r\n\r\n\r\nNumber of legislators--Regular sessions.\r\n \r\nAfter the Legislature elected for the years 1937\r\nand 1938 the number of members of the house of representatives shall not be less than fifty nor more\r\nthan seventy-five and the number of members of the senate shall not be less than twenty-five nor\r\nmore than thirty-five.
\r\n\r\n

\r\nThe sessions of the Legislature shall be biennial except as otherwise provided in this\r\nConstitution.
\r\n

\r\n\r\n\r\n History: Amendment proposed by SL 1935, ch 136, approved Nov., 1936; amendment proposed\r\nby SL 1937, ch 154, rejected Nov., 1938; amendment proposed by SL 1974, ch 1, rejected Nov. 5,\r\n1974; amendment proposed by SL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976;\r\namendment proposed by SL 2006, ch 1, § 2, rejected Nov. 7, 2006.\r\n\r\n

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\r\n\r\n

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-3 Qualifications for legislative office--Officers ineligible. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 3.\r\n \r\n\r\n\r\nQualifications for legislative office--Officers ineligible.\r\n \r\nNo person is eligible for the\r\noffice of senator who is not a qualified elector in the district from which such person is chosen, a\r\ncitizen of the United States, and who has not attained the age of twenty-one years, and who has\r\nnot been a resident of the state for two years next preceding election.
\r\n\r\n

\r\nNo person is eligible for the office of representative who is not a qualified elector in the district\r\nfrom which such person is chosen, and a citizen of the United States, and who has not been a resident\r\nof the state for two years next preceding election, and who has not attained the age of twenty-one\r\nyears.
\r\n\r\n

\r\nNo judge or clerk of any court, secretary of state, attorney general, state's attorney, recorder,\r\nsheriff or collector of public moneys, member of either house of Congress, or person holding any\r\nlucrative office under the United States, or this state, or any foreign government, shall be a member\r\nof the Legislature: provided, that appointments in the militia, the offices of notary public and justice\r\nof the peace shall not be considered lucrative; nor shall any person holding any office of honor or\r\nprofit under any foreign government or under the government of the United States, except\r\npostmasters whose annual compensation does not exceed the sum of three hundred dollars, hold any\r\noffice in either branch of the Legislature or become a member thereof.
\r\n

\r\n\r\n\r\n History: Amendment proposed by SL 1974, ch 1, rejected Nov. 5, 1974; amendment proposed by\r\nSL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976; amendment proposed by SL\r\n1994, ch 1, §§ 1 and 2, rejected Nov. 1994; amendment proposed by SL 1998, ch 1, §§ 1 and 2,\r\naccepted Nov. 3, 1998.\r\n\r\n

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\r\n\r\n

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-4 Disqualification for conviction of crime--Defaults on public money. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 4.\r\n \r\n\r\n\r\nDisqualification for conviction of crime--Defaults on public money.\r\n \r\nNo person who\r\nhas been, or hereafter shall be, convicted of bribery, perjury, or other infamous crime, nor any\r\nperson who has been, or may be collector or holder of public moneys, who shall not have\r\naccounted for and paid over, according to law, all such moneys due from him, shall be eligible to\r\nthe Legislature or to any office in either branch thereof.
\r\n

\r\n\r\n\r\n History: Repeal proposed by SL 1974, ch 1, rejected Nov. 5, 1974; repeal proposed by SL 1975,\r\nch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976.\r\n\r\n

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\r\n\r\n

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-5 Legislative reapportionment. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 5.\r\n \r\n\r\n\r\nLegislative reapportionment.\r\n \r\nThe Legislature shall apportion its membership by\r\ndividing the state into as many single-member, legislative districts as there are state senators.\r\nHouse districts shall be established wholly within senatorial districts and shall be either\r\nsingle-member or dual-member districts as the Legislature shall determine. Legislative districts\r\nshall consist of compact, contiguous territory and shall have population as nearly equal as is\r\npracticable, based on the last preceding federal census. An apportionment shall be made by the\r\nLegislature in 1983 and in 1991, and every ten years after 1991. Such apportionment shall be\r\naccomplished by December first of the year in which the apportionment is required. If any\r\nLegislature whose duty it is to make an apportionment shall fail to make the same as herein\r\nprovided, it shall be the duty of the Supreme Court within ninety days to make such\r\napportionment.
\r\n

\r\n\r\n\r\n History: Amendment proposed by SL 1935, ch 136, approved Nov., 1936; amendment proposed\r\nby SL 1937, ch 154, rejected Nov., 1938; amendment proposed by SL 1947, ch 250, approved\r\nNov., 1948; amendment proposed by SL 1949, ch 237, rejected Nov., 1950; amendment\r\nproposed by SL 1959, ch 315, rejected Nov. 8, 1960; amendment proposed by SL 1974, ch 1,\r\nrejected Nov. 5, 1974; amendment proposed by SL 1975, ch 2, as amended by SL 1976, ch 1,\r\nrejected Nov. 2, 1976; amendment proposed by SL 1982, ch 1, approved Nov. 2, 1982;\r\namendment proposed by SL 2002, ch 1, § 2; rejected Nov. 5, 2002.\r\n\r\n

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\r\n\r\n

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-6 Legislative terms of office--Compensation--Regular sessions. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n

\r\n \r\n§ 6.\r\n \r\n\r\n\r\n Legislative terms of office--Compensation--Regular sessions.\r\n \r\nThe terms of office of the\r\nmembers of the Legislature shall be two years; they shall receive for their services the salary fixed\r\nby law under the provisions of § 2 of article XXI of this Constitution, and five cents for every mile\r\nof necessary travel in going to and returning from the place of meeting of the Legislature on the most\r\nusual route.
\r\n\r\n

\r\nNo person may serve more than four consecutive terms or a total of eight consecutive years in\r\nthe senate and more than four consecutive terms or a total of eight consecutive years in the house of\r\nrepresentatives. However, this restriction does not apply to partial terms to which a legislator may\r\nbe appointed.
\r\n\r\n

\r\nA regular session of the Legislature shall be held each year and shall not exceed forty legislative\r\ndays, excluding Sundays, holidays and legislative recess, except in cases of impeachment, and\r\nmembers of the Legislature shall receive no other pay or perquisites except salary and mileage.
\r\n

\r\n\r\n\r\n History: Amendment proposed by SL 1891, ch 36, approved Nov., 1892. Amendment proposed by\r\nSL 1913, ch 129, rejected Nov., 1914. Amendment proposed by SL 1961, ch 296, approved Nov.\r\n6, 1962. Amendment proposed by SL 1974, ch 1, rejected Nov. 5, 1974. Amendment proposed by\r\nSL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976. Amendment proposed by SL\r\n1978, ch 3, rejected Nov. 7, 1978. Amendment proposed by SL 1980, ch 4, approved Nov. 4, 1980.\r\nInitiated amendment, approved November 3, 1992. Amendment proposed by SL 2006, ch 1, § 3,\r\nrejected Nov. 7, 2006. Amendment proposed by SL 2008, ch 2, § 2, rejected Nov. 4, 2008.\r\nAmendment proposed by SL 2008, ch 3, § 2, approved Nov. 4, 2008. Amendment proposed by SL\r\n2008, ch 4, § 2, rejected Nov. 4, 2008. Amendment proposed by SL 2012, ch 265, § 2, rejected Nov.\r\n6, 2012.\r\n\r\n

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-7 Convening of annual sessions. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 7.\r\n \r\n\r\n\r\nConvening of annual sessions.\r\n \r\nThe Legislature shall meet at the seat of government\r\non the second Tuesday of January at 12 o'clock m. and at no other time except as provided by this\r\nConstitution.
\r\n

\r\n\r\n\r\n History: Amendment proposed by SL 1961, ch 296, approved Nov. 6, 1962; amendment\r\nproposed by SL 1974, ch 1, rejected Nov. 5, 1974; amendment proposed by SL 1975, ch 2, as\r\namended by SL 1976, ch 1, rejected Nov. 2, 1976; amendment proposed by SL 1978, ch 3,\r\nrejected Nov. 7, 1978; amendment proposed by SL 1980, ch 4, approved Nov. 4, 1980;\r\namendment proposed by SL 1982, ch 2, approved Nov. 2, 1982.\r\n\r\n

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-8 Oath required of legislators and officers--Forfeiture of office for false swearing. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 8.\r\n \r\n\r\n\r\nOath required of legislators and officers--Forfeiture of office for false swearing.\r\n\r\n\r\nMembers of the Legislature and officers thereof, before they enter upon their official duties, shall\r\ntake and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will\r\nsupport the Constitution of the United States and the Constitution of the state of South Dakota,\r\nand will faithfully discharge the duties of (senator, representative or officer) according to the best\r\nof my abilities, and that I have not knowingly or intentionally paid or contributed anything, or\r\nmade any promise in the nature of a bribe, to directly or indirectly influence any vote at the\r\nelection at which I was chosen to fill said office, and have not accepted, nor will I accept or\r\nreceive directly or indirectly, any money, pass, or any other valuable thing, from any corporation,\r\ncompany or person, for any vote or influence I may give or withhold on any bill or resolution, or\r\nappropriation, or for any other official act.
\r\n\r\n

\r\nThis oath shall be administered by a judge of the Supreme or circuit Court, or the presiding\r\nofficer of either house, in the hall of the house to which the member or officer is elected, and the\r\nsecretary of state shall record and file the oath subscribed by each member and officer.
\r\n\r\n

\r\nAny member or officer of the Legislature who shall refuse to take the oath herein prescribed shall\r\nforfeit his office.
\r\n\r\n

\r\nAny member or officer of the Legislature who shall be convicted of having sworn falsely to, or\r\nviolated his said oath, shall forfeit his office and be disqualified thereafter from holding the office\r\nof senator or member of the house of representatives or any office within the gift of the Legislature.
\r\n

\r\n\r\n\r\n History: Repeal proposed by SL 1974, ch 1, rejected Nov. 5, 1974; repeal proposed by SL 1975,\r\nch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976.\r\n\r\n

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-9 Each house as judge of qualifications--Quorum--Rules of proceedings--Officers and employee...\r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 9.\r\n \r\n\r\n\r\nEach house as judge of qualifications--Quorum--Rules of proceedings--Officers and\r\nemployees.\r\n \r\nEach house shall be the judge of the election returns and qualifications of its own\r\nmembers.
\r\n\r\n

\r\nA majority of the members of each house shall constitute a quorum, but a smaller number may\r\nadjourn from day-to-day, and may compel the attendance of absent members in such a manner and\r\nunder such penalty as each house may provide.
\r\n\r\n

\r\nEach house shall determine the rules of its proceedings, shall choose its own officers and\r\nemployees and fix the pay thereof, except as otherwise provided in this Constitution.
\r\n

\r\n\r\n\r\n History: Amendment proposed by SL 1974, ch 1, rejected Nov. 5, 1974; amendment proposed by\r\nSL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976.\r\n\r\n

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-10 Filling legislative vacancies. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 10.\r\n \r\n\r\n\r\nFilling legislative vacancies.\r\n \r\nThe Governor shall make appointments to fill such\r\nvacancies as may occur in either house of the Legislature.
\r\n

\r\n\r\n\r\n History: Amendment proposed by SL 1947, ch 251, approved Nov., 1948; amendment proposed\r\nby SL 1974, ch 1, rejected Nov. 5, 1974; amendment proposed by SL 1975, ch 2, as amended by\r\nSL 1976, ch 1, rejected Nov. 2, 1976.\r\n\r\n

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-11 Legislators' privilege from arrest--Freedom of debate. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 11.\r\n \r\n\r\n\r\nLegislators' privilege from arrest--Freedom of debate.\r\n \r\nSenators and representatives\r\nshall, in all cases except treason, felony or breach of the peace, be privileged from arrest during\r\nthe session of the Legislature, and in going to and returning from the same; and for words used in\r\nany speech or debate in either house, they shall not be questioned in any other place.
\r\n

\r\n\r\n\r\n History: Amendment proposed by SL 1974, ch 1, rejected Nov. 5, 1974; amendment proposed\r\nby SL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976.\r\n\r\n

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-12 Legislators ineligible for other office--Contracts with state or county. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 12.\r\n \r\n\r\n\r\nLegislators ineligible for other office--Contracts with state or county.\r\n \r\nNo member of\r\nthe Legislature shall, during the term for which he was elected, be appointed or elected to any\r\ncivil office in the state which shall have been created, or the emoluments of which shall have\r\nbeen increased during the term for which he was elected, nor shall any member receive any civil\r\nappointment from the Governor, the Governor and senate, or from the Legislature during the\r\nterm for which he shall have been elected, and all such appointments and all votes given for any\r\nsuch members for any such office or appointment shall be void; nor shall any member of the\r\nLegislature during the term for which he shall have been elected, or within one year thereafter, be\r\ninterested, directly or indirectly, in any contract with the state or any county thereof, authorized\r\nby any law passed during the term for which he shall have been elected.
\r\n

\r\n\r\n\r\n History: Repeal proposed by SL 1974, ch 1, rejected Nov. 5, 1974; repeal proposed by SL 1975,\r\nch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976; amendment proposed by SL 1989, ch\r\n2, §§ 1 and 2, rejected Nov. 6, 1990; amendment proposed by SL 1997, ch 1, §§ 1 and 2, rejected\r\nNov. 2, 1998.\r\n\r\n

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\r\n\r\n

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-13 Legislative journals--Recording of yeas and nays. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n

\r\n \r\n§ 13.\r\n \r\n\r\n\r\nLegislative journals--Recording of yeas and nays.\r\n \r\nEach house shall keep a journal of\r\nits proceedings and publish the same from time to time, except such parts as require secrecy, and the\r\nyeas and nays of members on any question shall be taken at the desire of one-sixth of those present\r\nand entered upon the journal.
\r\n

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-14 Elections viva voce. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n

\r\n \r\n§ 14.\r\n \r\n\r\n\r\nElections viva voce.\r\n \r\nIn all elections to be made by the Legislature the members thereof\r\nshall vote viva voce and their votes shall be entered in the journal.
\r\n

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-15 Open legislative sessions--Exception. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n

\r\n \r\n§ 15.\r\n \r\n\r\n\r\nOpen legislative sessions--Exception.\r\n \r\nThe sessions of each house and of the committee\r\nof the whole shall be open, unless when the business is such as ought to be kept secret.
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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-16 Adjournment of legislative houses. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 16.\r\n \r\n\r\n\r\nAdjournment of legislative houses.\r\n \r\nNeither house shall without the consent of the\r\nother adjourn for more than three days, nor to any other place than that in which the two houses\r\nshall be sitting.
\r\n

\r\n\r\n\r\n History: Amendment proposed by SL 1974, ch 1, rejected Nov. 5, 1974; amendment proposed\r\nby SL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976.\r\n\r\n

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-17 Reading of bills. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n

\r\n \r\n§ 17.\r\n \r\n\r\n\r\nReading of bills.\r\n \r\nEvery bill shall be read twice, by number and title once when\r\nintroduced, and once upon final passage, but one reading at length may be demanded at any time\r\nbefore final passage.
\r\n

\r\n\r\n\r\n History: Amendment proposed by SL 1945, ch 316, approved Nov., 1946; repeal proposed by SL\r\n1974, ch 1, rejected Nov. 5, 1974; repeal proposed by SL 1975, ch 2, as amended by SL 1976, ch 1,\r\nrejected Nov. 2, 1976; amendment proposed by SL 2006, ch 1, § 7 rejected Nov. 7, 2006.\r\n\r\n

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-18 Enacting clause--Assent by majority--Recording of votes. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 18.\r\n \r\n\r\n\r\nEnacting clause--Assent by majority--Recording of votes.\r\n \r\nThe enacting clause of a\r\nlaw shall be: "Be it enacted by the Legislature of the State of South Dakota" and no law shall be\r\npassed unless by assent of a majority of all the members elected to each house of the Legislature.\r\nAnd the question upon the final passage shall be taken upon its last reading, and the yeas and\r\nnays shall be entered upon the journal.
\r\n

\r\n\r\n\r\n History: Amendment proposed by SL 1974, ch 1, rejected Nov. 5, 1974; amendment proposed\r\nby SL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976.\r\n\r\n

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\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-19 Signing of bills and resolutions. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 19.\r\n \r\n\r\n\r\nSigning of bills and resolutions.\r\n \r\nThe presiding officer of each house shall, in the\r\npresence of the house over which he presides, sign all bills and joint resolutions passed by the\r\nLegislature, after their titles have been publicly read immediately before signing, and the fact of\r\nsigning shall be entered upon the journal.
\r\n

\r\n\r\n\r\n History: Repeal proposed by SL 1974, ch 1, rejected Nov. 5, 1974; repeal proposed by SL 1975,\r\nch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976.\r\n\r\n

\r\n

\r\n\r\n

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-20 Origin of bills--Amendment in other house. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 20.\r\n \r\n\r\n\r\nOrigin of bills--Amendment in other house.\r\n \r\nAny bill may originate in either house\r\nof the Legislature, and a bill passed by one house may be amended in the other.
\r\n

\r\n\r\n\r\n History: Amendment proposed by SL 1974, ch 1, rejected Nov. 5, 1974; amendment proposed\r\nby SL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976.\r\n\r\n

\r\n

\r\n\r\n

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-21 One subject expressed in title. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 21.\r\n \r\n\r\n\r\nOne subject expressed in title.\r\n \r\nNo law shall embrace more than one subject, which\r\nshall be expressed in its title.
\r\n

\r\n\r\n\r\n History: Amendment proposed by SL 1974, ch 1, rejected Nov. 5, 1974; amendment proposed\r\nby SL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976.\r\n\r\n

\r\n

\r\n\r\n

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-22 Effective date of acts--Emergency clause. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 22.\r\n \r\n\r\n\r\nEffective date of acts--Emergency clause.\r\n \r\nNo act shall take effect until ninety days\r\nafter the adjournment of the session at which it passed, unless in case of emergency, (to be\r\nexpressed in the preamble or body of the act) the Legislature shall by a vote of two-thirds of all\r\nthe members elected of each house, otherwise direct.
\r\n

\r\n\r\n\r\n History: Amendment proposed by SL 1974, ch 1, rejected Nov. 5, 1974; amendment proposed\r\nby SL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976.\r\n\r\n

\r\n

\r\n\r\n

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-23 Private and special laws prohibited. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n

\r\n \r\n§ 23.\r\n \r\n\r\n\r\nPrivate and special laws prohibited.\r\n \r\nThe Legislature is prohibited from enacting any\r\nprivate or special laws in the following cases:
\r\n\r\n

\r\n1. Granting divorces.
\r\n\r\n

\r\n2. Changing the names of persons or places, or constituting one person the heir at law of another.
\r\n\r\n

\r\n3. Locating or changing county seats.
\r\n\r\n

\r\n4. Regulating county and township affairs.
\r\n\r\n

\r\n5. Incorporating cities, towns and villages or changing or amending the charter of any town, city\r\nor village, or laying out, opening, vacating or altering town plats, streets, wards, alleys and public\r\nground.
\r\n\r\n

\r\n6. Providing for sale or mortgage of real estate belonging to minors or others under disability.
\r\n\r\n

\r\n7. Authorizing persons to keep ferries across streams wholly within the state.
\r\n\r\n

\r\n8. Remitting fines, penalties or forfeitures.
\r\n\r\n

\r\n9. Granting to an individual, association or corporation any special or exclusive privilege,\r\nimmunity or franchise whatever.
\r\n\r\n

\r\n10. Providing for the management of common schools.
\r\n\r\n

\r\n11. Creating, increasing or decreasing fees, percentages or allowances of public officers during\r\nthe term for which said officers are elected or appointed.
\r\n\r\n

\r\nBut the Legislature may repeal any existing special law relating to the foregoing subdivisions.
\r\n\r\n

\r\nIn all other cases where a general law can be applicable no special law shall be enacted.
\r\n

\r\n

\r\n\r\n

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-24 Release of debt to state or municipality. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 24.\r\n \r\n\r\n\r\nRelease of debt to state or municipality.\r\n \r\nThe Legislature shall have no power to\r\nrelease or extinguish, in whole or in part, the indebtedness, liability or obligation of any\r\ncorporation or individual to this state, or to any municipal corporation therein.
\r\n

\r\n\r\n\r\n History: Repeal proposed by SL 1974, ch 1, rejected Nov. 5, 1974; repeal proposed by SL 1975,\r\nch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976.\r\n\r\n

\r\n

\r\n\r\n

§ 25. Games of chance prohibited--Exceptions.

The Legislature may not authorize any game of chance, lottery, or gift enterprise, under any pretense, or for any purpose whatever provided, however, it shall be lawful for the Legislature to authorize by law, bona fide veterans, charitable, educational, religious or fraternal organizations, civic and service clubs, volunteer fire departments, or such other public spirited organizations as it may recognize, to conduct games of chance when the entire net proceeds of such games of chance are to be devoted to educational, charitable, patriotic, religious, or other public spirited uses. However, it shall be lawful for the Legislature to authorize by law a state lottery or video games of chance, or both, which are regulated by the State of South Dakota, either separately by the state or jointly with one or more states, and which are owned and operated by the State of South Dakota, either separately by the state or jointly with one or more states or persons, provided any such video games of chance may not directly dispense coins or tokens. However, the Legislature may not expand the statutory authority existing as of June 1, 1994, regarding any private ownership of state lottery games or video games of chance, or both. The Legislature shall establish the portion of proceeds due the state from such lottery or video games of chance, or both, and the purposes for which those proceeds are to be used. SDCL 42-7A, and its amendments, regulations, and related laws, and all acts and contracts relying for authority upon such laws and regulations, beginning July 1, 1987, to the effective date of this amendment, are ratified and approved. Further, it shall be lawful for the Legislature to authorize by law, roulette, keno, craps, wagering on sporting events, limited card games and slot machines within the city limits of Deadwood. The entire net Municipal proceeds of such roulette, keno, craps, wagering on sporting events, card games, and slot machines shall be devoted to the Historic Restoration and Preservation of Deadwood.

History: Amendment proposed by SL 1970, ch 1, approved Nov. 3, 1970. Amendment proposed by SL 1974, ch 1, rejected Nov. 5, 1974. Repeal proposed by SL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976. Amendment proposed by SL 1982, ch 3, rejected Nov. 2, 1982. Amendment proposed by SL 1986, ch 2, approved Nov. 4, 1986. Initiated amendment, approved November 8, 1988. Amendment proposed by 1st SS 1994, ch 1, approved Nov. 8, 1994. Amendment proposed by initiated amendment, rejected Nov. 7, 2000. Amendment proposed by SL 2014, ch 2, § 2 approved Nov. 4, 2014. Amendment proposed by SL 2020, ch 1, § 2 approved Nov. 3, 2020.

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-26 Municipal powers denied to private organizations. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 26.\r\n \r\n\r\n\r\nMunicipal powers denied to private organizations.\r\n \r\nThe Legislature shall not\r\ndelegate to any special commission, private corporation or association, any power to make,\r\nsupervise or interfere with any municipal improvement, money, property, effects, whether held in\r\ntrust or otherwise, or levy taxes, or to select a capital site, or to perform any municipal functions\r\nwhatever.
\r\n

\r\n\r\n\r\n History: Repeal proposed by SL 1974, ch 1, rejected Nov. 5, 1974; repeal proposed by SL 1976,\r\nch 2, rejected Nov. 2, 1976.\r\n\r\n

\r\n

\r\n\r\n

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-27 Suits against the state. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 27.\r\n \r\n\r\n\r\nSuits against the state.\r\n \r\nThe Legislature shall direct by law in what manner and in\r\nwhat courts suits may be brought against the state.
\r\n

\r\n\r\n\r\n History: Amendment proposed by SL 1974, ch 1, rejected Nov. 5, 1974; amendment proposed\r\nby SL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976.\r\n\r\n

\r\n

\r\n\r\n

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-28 Bribery and corrupt solicitation of officers--Compelling testimony--Immunity from prosecut...\r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 28.\r\n \r\n\r\n\r\nBribery and corrupt solicitation of officers--Compelling testimony--Immunity from\r\nprosecution.\r\n \r\nAny person who shall give, demand, offer, directly or indirectly, any money,\r\ntestimonial, privilege or personal advantage, thing of value to any executive or judicial officer or\r\nmember of the Legislature, to influence him in the performance of any of his official or public\r\nduties, shall be guilty of bribery and shall be punished in such manner as shall be provided by\r\nlaw.
\r\n\r\n

\r\nThe offense of corrupt solicitation of members of the Legislature, or of public officers of the\r\nstate, or any municipal division thereof, and any effort towards solicitation of said members of the\r\nLegislature, or officers to influence their official actions shall be defined by law, and shall be\r\npunishable by fine and imprisonment.
\r\n\r\n

\r\nAny person may be compelled to testify in investigation or judicial proceedings against any\r\nperson charged with having committed any offense of bribery or corrupt solicitation, and shall not\r\nbe permitted to withhold his testimony upon the ground that it may criminate himself, but said\r\ntestimony shall not afterwards be used against him in any judicial proceeding except for bribery in\r\ngiving such testimony, and any person convicted of either of the offenses aforesaid shall be\r\ndisqualified from holding any office or position or office of trust or profit in this state.
\r\n

\r\n\r\n\r\n History: Repeal proposed by SL 1974, ch 1, rejected Nov. 5, 1974; repealed proposed by SL 1975,\r\nch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976.\r\n\r\n

\r\n

\r\n\r\n

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-29 Legislative powers in emergency from enemy attack. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n

\r\n \r\n§ 29.\r\n \r\n\r\n\r\nLegislative powers in emergency from enemy attack.\r\n \r\nNotwithstanding any general or\r\nspecial provisions of the Constitution, in order to insure continuity of state and local governmental\r\noperations in periods of emergency resulting from disasters caused by enemy attack, the Legislature\r\nshall have the power and the immediate duty (1) to provide for prompt and temporary succession to\r\nthe powers and duties of public offices, of whatever nature and whether filled by election or\r\nappointment, the incumbents of which may become unavailable for carrying on the powers and\r\nduties of such offices, and (2) to adopt such other measures as may be necessary and proper for\r\ninsuring the continuity of governmental operations. In the exercise of the powers hereby conferred\r\nthe Legislature shall in all respects conform to the requirements of this Constitution except to the\r\nextent that in the judgment of the Legislature so to do would be impracticable or would admit of\r\nundue delay.
\r\n

\r\n\r\n\r\n History: Section proposed by SL 1959, ch 317, adopted Nov. 8, 1960; repeal proposed by SL 1974,\r\nch 1, rejected Nov. 5, 1974; repeal proposed by SL 1975, ch 2, as amended by SL 1976, ch 1,\r\nrejected Nov. 2, 1976; amendment proposed by SL 2006, ch 1, § 9 rejected Nov. 7, 2006.\r\n\r\n

\r\n

\r\n\r\n

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-30 Power of committee of Legislature to suspend administrative rules and regulations. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 30.\r\n \r\n\r\n\r\nPower of committee of Legislature to suspend administrative rules and regulations.\r\n\r\n\r\nThe Legislature may by law empower a committee comprised of members of both houses of the\r\nLegislature, acting during recesses or between sessions, to suspend rules and regulations\r\npromulgated by any administrative department or agency from going into effect until July 1 after\r\nthe Legislature reconvenes.
\r\n

\r\n\r\n\r\n History: Section proposed by SL 1980, ch 4, approved Nov. 4, 1980.\r\n\r\n

\r\n

\r\n\r\n

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-31 Convening of special sessions upon petition. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 31.\r\n \r\n\r\n\r\nConvening of special sessions upon petition.\r\n \r\nIn addition to the provisions of Article\r\nIV, § 3, the Legislature may be convened in special session by the presiding officers of both\r\nhouses upon the written request of two-thirds of the members of each house. The petition of\r\nrequest shall state the purposes of the session, and only business encompassed by those purposes\r\nmay be transacted.
\r\n

\r\n\r\n\r\n History: Amendment proposed by SL 1990, ch 2, approved November 6, 1990.\r\n\r\n

\r\n

\r\n\r\n

\r\n \r\n \r\n \r\n \r\n\r\n\r\n\r\n\r\n0N-3-32 Term limitations for United States congressmen. \r\n\r\n\r\n\r\n

\r\n\r\n\r\n\r\n\r\n\r\n

\r\n \r\n§ 32.\r\n \r\n\r\n\r\nTerm limitations for United States congressmen.\r\n \r\nCommencing with the 1992 election,\r\nno person may be elected to more than two consecutive terms in the United States senate or more\r\nthan six consecutive terms in the United States house of representatives.
\r\n

\r\n\r\n\r\n History: Initiated amendment, approved November 3, 1992; repeal proposed by SL 2006, ch 1, § 10\r\nrejected Nov. 7, 2006.\r\n\r\n

\r\n

\r\n\r\n","Credits":null,"StatuteText":null,"Article":null,"Created":null,"CreatedById":null,"LastUpdated":null,"LastUpdatedBy":null,"Repealed":false,"StatuteReferencesReferencesStatute":[],"StatuteReferencesStatute":[]}