0N-4 EXECUTIVE DEPARTMENT

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\r\nARTICLE IV\r\n\r\n

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\r\nEXECUTIVE DEPARTMENT\r\n\r\n

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\r\n\r\n\r\n 1.\r\n    \r\nExecutive power.\r\n\r\n
\r\n\r\n\r\n 2.\r\n    \r\nQualification, election, and term.\r\n\r\n
\r\n\r\n\r\n 3.\r\n    \r\nPowers and duties of the Governor.\r\n\r\n
\r\n\r\n\r\n 4.\r\n    \r\nVeto power.\r\n\r\n
\r\n\r\n\r\n 5.\r\n    \r\nPowers and duties of lieutenant governor.\r\n\r\n
\r\n\r\n\r\n 6.\r\n    \r\nSuccession of executive power.\r\n\r\n
\r\n\r\n\r\n 7.\r\n    \r\nOther executive officers--Powers and duties.\r\n\r\n
\r\n\r\n\r\n 8.\r\n    \r\nReorganization.\r\n\r\n
\r\n\r\n\r\n 9.\r\n    \r\nAppointment and removal power.\r\n\r\n
\r\n10 to 13. Superseded.

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 2.\r\n \r\n\r\n\r\nQualification, election, and term.\r\n \r\nThe Governor and lieutenant governor must be\r\ncitizens of the United States, have attained the age of twenty-one years, and be residents of the\r\nState of South Dakota for two years preceding their election. They shall be jointly elected for a\r\nterm of four years at a general election held in a nonpresidential election year. The candidates\r\nhaving the highest number of votes cast jointly for them shall be elected. Commencing with the\r\n1974 general election, no person shall be elected to more than two consecutive terms as\r\nGovernor or as lieutenant governor. The election procedure shall be as prescribed by law.
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\r\n\r\n\r\n History: 1889 Const., Art. IV, §§ 1 to 3; amendment of § 3 proposed by SL 1961, ch 296,\r\napproved Nov. 6, 1962; amendment of §§ 1 and 3 proposed by SL 1970, ch 2, rejected Nov. 3,\r\n1970; amendment proposed by SL 1972, ch 1, approved Nov. 7, 1972; amendment proposed by\r\nSL 1998, ch 1, §§ 1 and 3, approved Nov. 3, 1998.\r\n\r\n

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§ 3. Powers and duties of the Governor. The Governor shall be responsible for the faithful execution of the law. He may, by appropriate action or proceeding brought in the name of the state, enforce compliance with any constitutional or legislative mandate, or restrain violation of any constitutional or legislative power, duty or right by any officer, department or agency of the state or any of its civil divisions. This authority shall not authorize any action or proceedings against the Legislature.

He shall be commander-in-chief of the armed forces of the state, except when they shall be called into the service of the United States, and may call them out to execute the laws, to preserve order, to suppress insurrection or to repel invasion.

The Governor shall commission all officers of the state. He may at any time require information, in writing or otherwise, from the officers of any administrative department, office or agency upon any subject relating to the respective offices.

The Governor shall at the beginning of each session, and may at other times, give the Legislature information concerning the affairs of the state and recommend the measures he considers necessary.

The Governor may convene the Legislature or either house thereof alone in special session by a proclamation stating the purposes of the session, and only business encompassed by such purposes shall be transacted.

Whenever a vacancy occurs in any office and no provision is made by the Constitution or laws for filling such vacancy, the Governor shall have the power to fill such vacancy by appointment.

The Governor may, except as to convictions on impeachment, grant pardons, commutations, and reprieves, and may suspend and remit fines and forfeitures.

History: 1889 Const., art. IV, §§ 4, 5, 8; amendment of § 5 proposed by SL 1951, ch 294, rejected Nov., 1952; amendment of § 5 proposed by SL 1959, ch 316, approved Nov. 8, 1960; amendment proposed by SL 1972, ch 1, approved Nov. 7, 1972; amendment proposed by SL 2023, ch 2, § 2, rejected Nov. 5, 2024.

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 4.\r\n \r\n\r\n\r\nVeto power.\r\n \r\nWhenever the Legislature is in session, any bill presented to the\r\nGovernor for signature shall become law when the Governor signs the bill or fails to veto the bill\r\nwithin five days, not including Saturdays, Sundays, or holidays, of presentation. A vetoed bill\r\nshall be returned by the Governor to the Legislature together with the Governor's objections\r\nwithin five days, not including Saturdays, Sundays, or holidays, of presentation if the Legislature\r\nis in session or upon the reconvening of the Legislature from a recess. Any vetoed bill shall be\r\nreconsidered by the Legislature and, if two-thirds of all members of each house shall pass the\r\nbill, it shall become law.
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\r\nWhenever a bill has been presented to the Governor and the Legislature has adjourned sine die\r\nor recessed for more than five days within five days from presentation, the bill shall become law\r\nwhen the Governor signs the bill or fails to veto it within fifteen days after such adjournment or start\r\nof the recess.
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\r\nThe Governor may strike any items of any bill passed by the Legislature making appropriations.\r\nThe procedure for reconsidering items struck by the Governor shall be the same as is prescribed for\r\nthe passage of bills over the executive veto. All items not struck shall become law as provided\r\nherein.
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\r\nBills with errors in style or form may be returned to the Legislature by the Governor with specific\r\nrecommendations for change. Bills returned shall be treated in the same manner as vetoed bills\r\nexcept that specific recommendations for change as to style or form may be approved by a majority\r\nvote of all the members of each house. If the Governor certifies that the bill conforms with the\r\nGovernor's specific recommendations, the bill shall become law. If the Governor fails to certify the\r\nbill, it shall be returned to the Legislature as a vetoed bill.
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\r\n\r\n\r\n History: 1889 Const., art. IV, §§ 9, 10; amendment proposed by SL 1972, ch 1, approved Nov. 7,\r\n1972; amendment proposed by SL 2002, ch 2, §§ 1 and 2, approved Nov. 5, 2002.\r\n\r\n

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§ 5. Powers and duties of lieutenant governor. The lieutenant governor shall be president of the senate but shall have no vote unless the senators be equally divided. The lieutenant governor shall perform the duties and exercise the powers that may be delegated to him by the Governor.

History: 1889 Const., art. IV, § 7; amendment proposed by SL 1957, ch 302, approved Nov., 1958; amendment proposed by SL 1972, ch 1, approved Nov. 7, 1972; amendment proposed by SL 1974, ch 1, rejected Nov. 5, 1974; amendment proposed by SL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976; amendment proposed by SL 1985, ch 2, rejected Nov. 4, 1986; amendment proposed by SL 2023, ch 2, § 3, rejected Nov. 5, 2024.

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 6.\r\n \r\n\r\n\r\nSuccession of executive power.\r\n \r\nWhen the office of Governor shall become vacant\r\nthrough death, resignation, failure to qualify, conviction after impeachment or permanent\r\ndisability of the Governor, the lieutenant governor shall succeed to the office and powers of the\r\nGovernor. When the Governor is unable to serve by reason of continuous absence from the state,\r\nor other temporary disability, the executive power shall devolve upon the lieutenant governor for\r\nthe residue of the term or until the disability is removed.
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\r\nWhenever there is a permanent vacancy in the office of the lieutenant governor, the Governor\r\nshall nominate a lieutenant governor who shall take office upon confirmation by a majority vote of\r\nall the members of each house of the Legislature. Whenever there is a concurrent vacancy in the\r\noffice of Governor and lieutenant governor, the order of succession for the office of Governor shall\r\nbe as provided by law.
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\r\nThe Supreme Court shall have original and exclusive jurisdiction to determine when a\r\ncontinuous absence from the state or disability has occurred in the office of the Governor or a\r\npermanent vacancy exists in the office of lieutenant governor.
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\r\n\r\n\r\n History: 1889 Const., art. IV, §§ 6, 7; amendment of § 7 proposed by SL 1957, ch 302, approved\r\nNov., 1958; amendment proposed by SL 1972, ch 1, approved Nov. 7, 1972.\r\n\r\n

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\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 7.\r\n \r\n\r\n\r\nOther executive officers--Powers and duties.\r\n \r\nThere shall be chosen by the qualified\r\nelectors of the state at the general election of the Governor and every four years thereafter the\r\nfollowing constitutional officers: attorney general, secretary of state, auditor, treasurer, and\r\ncommissioner of school and public lands, who shall severally hold their offices for a term of four\r\nyears. Commencing with the 1992 general election, no person may be elected to more than two\r\nconsecutive terms as attorney general, secretary of state, auditor, treasurer, or commissioner of\r\nschool and public lands.
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\r\n\r\n\r\n History: 1889 Const., art. IV, § 12; amendment proposed by SL 1935, ch 137, approved Nov.,\r\n1936; amendment proposed by SL 1968, ch 226, rejected Nov. 5, 1968; amendment proposed by\r\nSL 1970, ch 2, rejected Nov. 3, 1970; amendment proposed by SL 1972, ch 1, approved Nov. 7,\r\n1972; amendment proposed by SL 1984, ch 1, rejected Nov. 6, 1984; initiated amendment,\r\napproved November 3, 1992.\r\n\r\n

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§ 8. Reorganization. All executive and administrative offices, boards, agencies, commissions and instrumentalities of the state government and their respective functions, powers and duties, except for the office of Governor, lieutenant governor, attorney general, secretary of state, auditor, treasurer, and commissioner of school and public lands, shall be allocated by law among and within not more than twenty-five principal departments, organized as far as practicable according to major purposes, by no later than July 1, 1974. Subsequently, all new powers or functions shall be assigned to administrative offices, agencies and instrumentalities in such manner as will tend to provide an orderly arrangement in the administrative organization of state government. Temporary commissions may be established by law and need not be allocated within a principal department.

Except as to elected constitutional officers, the Governor may make such changes in the organization of offices, boards, commissions, agencies and instrumentalities, and in allocation of their functions, powers and duties, as he considers necessary for efficient administration. If such changes affect existing law, they shall be set forth in executive orders, which shall be submitted to the Legislature within five legislative days after it convenes, and shall become effective, and shall have the force of law, within ninety days after submission, unless disapproved by a resolution concurred in by a majority of all the members of either house.

History: Section proposed by SL 1972, ch 1, approved Nov. 7, 1972; amendment proposed by SL 1984, ch 1, rejected Nov. 6, 1984; amendment proposed by SL 2023, ch 2, § 4, rejected Nov. 5, 2024.

\r\n\r\n\r\n\r\n\r\n\r\n\r\n \r\n§ 9.\r\n \r\n\r\n\r\nAppointment and removal power.\r\n \r\nEach principal department shall be under the\r\nsupervision of the Governor and, unless otherwise provided in this Constitution or by law, shall\r\nbe headed by a single executive. Such single executive, unless provided otherwise by the\r\nConstitution, shall be nominated and, by and with the advice and consent of the senate, appointed\r\nby the Governor and shall hold office for a term to expire at the end of the term for which the\r\nGovernor was elected, unless sooner removed by the Governor.
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\r\nExcept as otherwise provided in this Constitution, whenever a board, commission or other body\r\nshall head a principal department of the state government, the members thereof shall be nominated\r\nand, by and with the advice and consent of the senate, appointed by the Governor. The term of office\r\nand removal of such members shall be as prescribed by law.
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\r\nThe Governor shall have power to nominate and make interim appointments requiring senate\r\nconfirmation during recess of the Legislature except that such nominations and interim appointments\r\nshall extend only to the end of the Governor's term or until acted upon by the Legislature.
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\r\n\r\n\r\n History: Section proposed by SL 1972, ch 1, approved Nov. 7, 1972.\r\n\r\n

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