State of South Dakota
HOUSE JOINT RESOLUTION
Representatives Michels, Haley, Heineman, Hunhoff, and Putnam and
Senators Olson (Ed), Broderick, Gray, Peterson (Jim), and Schoenbeck at the
request of the Constitutional Revision Commission
A JOINT RESOLUTION,
To revise certain constitutional provisions regarding private and
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH
DAKOTA, THE SENATE CONCURRING THEREIN:
That at the next general election held in the state, the following amendment to
Article III, section 23 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
That Article III, section 23 of the Constitution of the State of South Dakota, be
amended to read as follows:
is prohibited from enacting any private or special laws in the following
1. Granting divorces.
2. Changing the names of persons or places, or constituting one person the heir at law of
3. Locating or changing county seats.
4. Regulating county and township affairs.
5. Incorporating cities, towns and villages or changing or amending the charter of any town,
city or village, or laying out, opening, vacating or altering town plats, streets, wards, alleys and
6. Providing for sale or mortgage of real estate belonging to minors or others under
7. Authorizing persons to keep ferries across streams wholly within the state.
8. Remitting fines, penalties or forfeitures.
9. Granting to an individual, association or corporation any special or exclusive privilege,
immunity or franchise whatever.
10. Providing for the management of common schools.
11. Creating, increasing or decreasing fees, percentages or allowances of public officers
during the term for which said officers are elected or appointed.
But the Legislature may repeal any existing special law relating to the foregoing
In all other cases where a general law can be applicable no special law shall be enacted
not pass any special or local law when a general law can be made applicable. Whether a general
law can be made applicable shall be a matter for judicial determination