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State of South Dakota  
EIGHTY-FIRST SESSION
LEGISLATIVE ASSEMBLY,  2006
 

671M0138  
HOUSE JOINT RESOLUTION   NO.     1001  

Introduced by:     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 special laws.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH DAKOTA, THE SENATE CONCURRING THEREIN:
     Section  1.  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 for approval.
     Section  2.  That Article III, section 23 of the Constitution of the State of South Dakota, be amended to read as follows:
     § 23.   The Legislature is prohibited from enacting any private or special laws in the following cases:
     1. Granting divorces.
     2. Changing the names of persons or places, or constituting one person the heir at law of another.
     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 public ground.
     6. Providing for sale or mortgage of real estate belonging to minors or others under disability.
     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 subdivisions.
     In all other cases where a general law can be applicable no special law shall be enacted may 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 .