Storytelling@dmassociates.biz


STATE CONSTITUTIONS

Click to hear or download this Constitution

Also use CTRL F to search pages for words and/or phrases.

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 tranquillity,

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.


Article 1

Name and Boundary

Section 1. Name of state.

The name of the state shall be South Dakota.

Section 2. Boundaries of state.

The boundaries of the state of South Dakota shall be as follows: Beginning

at the point of intersection of the western boundary line of the state of

Minnesota, with the northern boundary line of the state of Iowa and running

thence northerly along the western boundary line of the state of Minnesota, to its

intersection with the seventh standard parallel; thence west on the line of the

seventh standard parallel produced due west to its intersection with the

twenty-seventh meridian of longitude west from Washington; thence south on

the twenty-seventh meridian of longitude west from Washington to its

intersection with the northern boundary line of the state of Nebraska; thence

easterly along the northern boundary line of the state of Nebraska to its

intersection with the western boundary line of the state of Iowa; thence northerly

along the western boundary line of the state of Iowa to its intersection with the

northern boundary line of the state of Iowa; thence east along the northern

boundary line of the state of Iowa to the place of beginning.


Article 2

Division of the Powers of Government

The powers of the government of the state are divided into three distinct

departments, the legislative, executive and judicial; and the powers and duties of

each are prescribed by this Constitution.


Article 3

Legislative Department

Section 1. Legislative power -- Initiative and referendum.

The legislative power of the state shall be vested in a Legislature which

shall consist of a senate and house of representatives. However, the people

expressly reserve to themselves the right to propose measures, which shall be

submitted to a vote of the electors of the state, and also the right to require that

any laws which the Legislature may have enacted shall be submitted to a vote of

the electors of the state before going into effect, except such laws as may be

necessary for the immediate preservation of the public peace, health or safety,

support of the state government and its existing public institutions. Not more

than five per cent of the qualified electors of the state shall be required to invoke

either the initiative or the referendum.

This section shall not be construed so as to deprive the Legislature or any

member thereof of the right to propose any measure. The veto power of the

Executive shall not be exercised as to measures referred to a vote of the people.

This section shall apply to municipalities. The enacting clause of all laws

approved by vote of the electors of the state shall be: "Be it enacted by the

people of South Dakota." The Legislature shall make suitable provisions for

carrying into effect the provisions of this section.

Section 2. Number of legislators -- Regular sessions.

After the Legislature elected for the years 1937 and 1938 the number of

members of the house of representatives shall not be less than fifty nor more

than seventy-five and the number of members of the senate shall not be less than

twenty-five nor more than thirty-five.

The sessions of the Legislature shall be biennial except as otherwise

provided in this Constitution.

Section 3. Qualifications for legislative office -- Officers ineligible.

No person is eligible for the office of senator who is not a qualified elector

in the district from which such person is chosen, a citizen of the United States,

and who has not attained the age of twenty-one years, and who

No person is eligible for the office of representative who is not a qualified

elector in the district from which such person is chosen, and a citizen of the

United States, and who has not been a resident of the state for two years next

preceding election, and who has not attained the age of twenty-one years.

No judge or clerk of any court, secretary of state, attorney general, state's

attorney, recorder, sheriff or collector of public moneys, member of either house

of Congress, or person holding any lucrative office under the United States, or

this state, or any foreign government, shall be a member of the Legislature:

provided, that appointments in the militia, the offices of notary public and

justice of the peace shall not be considered lucrative; nor shall any person

holding any office of honor or profit under any foreign government or under the

government of the United States, except postmasters whose annual

compensation does not exceed the sum of three hundred dollars, hold any office

in either branch of the Legislature or become a member thereof.

Section 4. Disqualification for conviction of crime -- Defaults on public money.

No person who has been, or hereafter shall be, convicted of bribery, perjury,

or other infamous crime, nor any person who has been, or may be collector or

holder of public moneys, who shall not have accounted for and paid over,

according to law, all such moneys due from him, shall be eligible to the

Legislature or to any office in either branch thereof.

Section 5. Legislative reapportionment.

The Legislature shall apportion its membership by dividing the state into as

many single-member, legislative districts as there are state senators. House

districts shall be established wholly within senatorial districts and shall be either

single-member or dual-member districts as the Legislature shall determine.

Legislative districts shall consist of compact, contiguous territory and shall have

population as nearly equal as is practicable, based on the last preceding federal

census. An apportionment shall be made by the Legislature in 1983 and in 1991,

and every ten years after 1991. Such apportionment shall be accomplished by

December first of the year in which the apportionment is required. If any

Legislature whose duty it is to make an apportionment shall fail to make the

same as herein provided, it shall be the duty of the Supreme Court within ninety

days to make such apportionment.

Section 6. Legislative terms of office -- Compensation -- Regular sessions.

The terms of office of the members of the Legislature shall be two years;

they shall receive for their services the salary fixed by law under the provisions

of Section  2 of Article 21 of this Constitution, and five cents for every mile of

necessary travel in going to and returning from the place of meeting of the

Legislature on the most usual route.

No person may serve more than four consecutive terms or a total of eight

consecutive years in the senate and more than four consecutive terms or a total

of eight consecutive years in the house of representatives. However, this

restriction does not apply to partial terms to which a legislator may be appointed

or to Legislative service before January 1, 1993.

A regular session of the Legislature shall be held in each odd-numbered

year and shall not exceed forty legislative days, excluding Sundays, holidays

and legislative recess, except in cases of impeachment, and members of the

Legislature shall receive no other pay or perquisites except salary and mileage.

A regular session of the Legislature shall be held in each even-numbered

year beginning with the year 1964 and shall not exceed thirty-five legislative

days, excluding Sundays, holidays and legislative recess, except in cases of

impeachment, and members of the Legislature shall receive no other pay or

perquisites except salary and mileage.

Section 7. Convening of annual sessions.

The Legislature shall meet at the seat of government on the second Tuesday

of January at 12 o'clock m. and at no other time except as provided by this

Constitution.

Section 8. Oath required of legislators and officers -- Forfeiture of office for false

swearing.

Members of the Legislature and officers thereof, before they enter upon

their official duties, shall take and subscribe the following oath or affirmation: I

do solemnly swear (or affirm) that I will support the Constitution of the United

States and the Constitution of the state of South Dakota, and will faithfully

discharge the duties of (senator, representative or officer) according to the best

of my abilities, and that I have not knowingly or intentionally paid or

contributed anything, or made any promise in the nature of a bribe, to directly or

indirectly influence any vote at the election at which I was chosen to fill said

office, and have not accepted, nor will I accept or receive directly or indirectly,

any money, pass, or any other valuable thing, from any corporation, company or

person, for any vote or influence I may give or withhold on any bill or

resolution, or appropriation, or for any other official act.

This oath shall be administered by a judge of the Supreme or circuit Court,

or the presiding officer of either house, in the hall of the house to which the

member or officer is elected, and the secretary of state shall record and file the

oath subscribed by each member and officer.

Any member or officer of the Legislature who shall refuse to take the oath

herein prescribed shall forfeit his office.

Any member or officer of the Legislature who shall be convicted of having

sworn falsely to, or violated his said oath, shall forfeit his office and be

disqualified thereafter from holding the office of senator or member of the house

of representatives or any office within the gift of the Legislature.

Section 9. Each house as judge of qualifications -- Quorum -- Rules of

proceedings -- Officers and employees.

Each house shall be the judge of the election returns and qualifications of its

own members.

A majority of the members of each house shall constitute a quorum, but a

smaller number may adjourn from day-to-day, and may compel the attendance

of absent members in such a manner and under such penalty as each house may

provide.

Each house shall determine the rules of its proceedings, shall choose its own

officers and employees and fix the pay thereof, except as otherwise provided in

this Constitution.

Section 10. Filling legislative vacancies.

The Governor shall make appointments to fill such vacancies as may occur

in either house of the Legislature.

Section 11. Legislators' privilege from arrest -- Freedom of debate.

Senators and representatives shall, in all cases except treason, felony or

breach of the peace, be privileged from arrest during the session of the

Legislature, and in going to and returning from the same; and for words used in

any speech or debate in either house, they shall not be questioned in any other

place.

Section 12. Legislators ineligible for other office -- Contracts with state or county.

No member of the Legislature shall, during the term for which he was

elected, be appointed or elected to any civil office in the state which shall have

been created, or the emoluments of which shall have been increased during the

term for which he was elected, nor shall any member receive any civil

appointment from the Governor, the Governor and senate, or from the

Legislature during the term for which he shall have been elected, and all such

appointments and all votes given for any such members for any such office or

appointment shall be void; nor shall any member of the Legislature during the

term for which he shall have been elected, or within one year thereafter, be

interested, directly or indirectly, in any contract with the state or any county

thereof, authorized by any law passed during the term for which he shall have

been elected.

Section 13. Legislative journals -- Recording of yeas and nays.

Each house shall keep a journal of its proceedings and publish the same

from time to time, except such parts as require secrecy, and the yeas and nays of

members on any question shall be taken at the desire of one-sixth of those

present and entered upon the journal..

Section 14. Elections viva voce.

In all elections to be made by the Legislature the members thereof shall vote

viva voce and their votes shall be entered in the journal.

Section 15. Open legislative sessions -- Exception.

The sessions of each house and of the committee of the whole shall be open,

unless when the business is such as ought to be kept secret.

Section 16. Adjournment of legislative houses.

Neither house shall without the consent of the other adjourn for more than

three days, nor to any other place than that in which the two houses shall be

sitting.

Section 17. Reading of bills.

Every bill shall be read twice, by number and title once when introduced,

and once upon final passage, but one reading at length may be demanded at any

time before final passage.

Section 18. Enacting clause -- Assent by majority -- Recording of votes.

The enacting clause of a law shall be: "Be it enacted by the Legislature of

the State of South Dakota" and no law shall be passed unless by assent of a

majority of all the members elected to each house of the Legislature. And the

question upon the final passage shall be taken upon its last reading, and the yeas

and nays shall be entered upon the journal.

Section 19. Signing of bills and resolutions.

The presiding officer of each house shall, in the presence of the house over

which he presides, sign all bills and joint resolutions passed by the Legislature,

after their titles have been publicly read immediately before signing, and the fact

of signing shall be entered upon the journal.

Section 20. Origin of bills -- Amendment in other house.

Any bill may originate in either house of the Legislature, and a bill passed

by one house may be amended in the other.

Section 21. One subject expressed in title.

No law shall embrace more than one subject, which shall be expressed in its

title.

Section 22. Effective date of acts -- Emergency clause.

No act shall take effect until ninety days after the adjournment of the

session at which it passed, unless in case of emergency, (to be expressed in the

preamble or body of the act) the Legislature shall by a vote of two-thirds of all

the members elected of each house, otherwise direct.

Section 23. Private and special laws prohibited.

The Legislature is prohibited from enacting any private or special laws in

the following cases:

Section 24. Release of debt to state or municipality.

The Legislature shall have no power to release or extinguish, in whole or in

part, the indebtedness, liability or obligation of any corporation or individual to

this state, or to any municipal corporation therein.

Section 25. Games of chance prohibited -- Exceptions.

The Legislature shall 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 shall not directly

dispense coins or tokens. However, the Legislature shall 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.

South Dakota Codified Laws 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,

limited card games and slot machines within the city limits of Deadwood,

provided that 60% of the voters of the City of Deadwood approve legislatively

authorized card games and slot machines at an election called for such purpose.

The entire net Municipal proceeds of such card games and slot machines shall

be devoted to the Historic Restoration and Preservation of Deadwood.

Section 26. Municipal powers denied to private organizations.

The Legislature shall not delegate to any special commission, private

corporation or association, any power to make, supervise or interfere with any

municipal improvement, money, property, effects, whether held in trust or

otherwise, or levy taxes, or to select a capital site, or to perform any municipal

functions whatever.

Section 27. Suits against the state.

The Legislature shall direct by law in what manner and in what courts suits

may be brought against the state.

Section 28. Bribery and corrupt solicitation of officers -- Compelling testimony --

Immunity from prosecution.

Any person who shall give, demand, offer, directly or indirectly, any

money, testimonial, privilege or personal advantage, thing of value to any

executive or judicial officer or member of the Legislature, to influence him in

the performance of any of his official or public duties, shall be guilty of bribery

and shall be punished in such manner as shall be provided by law.

The offense of corrupt solicitation of members of the Legislature, or of

public officers of the state, or any municipal division thereof, and any effort

towards solicitation of said members of the Legislature, or officers to influence

their official actions shall be defined by law, and shall be punishable by fine and

imprisonment.

Any person may be compelled to testify in investigation or judicial

proceedings against any person charged with having committed any offense of

bribery or corrupt solicitation, and shall not be permitted to withhold his

testimony upon the ground that it may criminate himself, but said testimony

shall not afterwards be used against him in any judicial proceeding except for

bribery in giving such testimony, and any person convicted of either of the

offenses aforesaid shall be disqualified from holding any office or position or

office of trust or profit in this state.

Section 29. Legislative powers in emergency from enemy attack.

Notwithstanding any general or special provisions of the Constitution, in

order to insure continuity of state and local governmental operations in periods

of emergency resulting from disasters caused by enemy attack, the Legislature

shall have the power and the immediate duty (1) to provide for prompt and

temporary succession to the powers and duties of public offices, of whatever

nature and whether filled by election or appointment, the incumbents of which

may become unavailable for carrying on the powers and duties of such offices,

and (2) to adopt such other measures as may be necessary and proper for

insuring the continuity of governmental operations. In the exercise of the powers

hereby conferred the Legislature shall in all respects conform to the

requirements of this Constitution except to the extent that in the judgment of the

Legislature so to do would be impracticable or would admit of undue delay.

Section 30. Power of committee of Legislature to suspend administrative rules and

regulations.

The Legislature may by law empower a committee comprised of members

of both houses of the Legislature, acting during recesses or between sessions, to

suspend rules and regulations promulgated by any administrative department or

agency from going into effect until July 1 after the Legislature reconvenes.

Section 31. Convening of special sessions upon petition.

In addition to the provisions of Article 4, Section 3, the Legislature shall

be convened in special session by the presiding officers of both houses upon the

written petition of two-thirds of the members of each house. The petition shall

state the purposes of the session, and only business encompassed by those

purposes may be transacted.

Section 32. Term limitations for United States Congressmen.

Commencing with the 1992 election, no person may be elected to more than

two consecutive terms in the United States senate or more than six consecutive

terms in the United States House of Representatives.


Article 4

Executive Department

Section 1. Executive power.

The executive power of the state is vested in the Governor.

Section 2. Qualification, election and term.

The Governor and lieutenant governor must be citizens of the United States,

have attained the age of twenty-one years, and be residents of the State of South

Dakota for two years preceding their election. They shall be jointly elected for a

term of four years at a general election held in a nonpresidential election year.

The candidates having the highest number of votes cast jointly for them shall be

elected. Commencing with the 1974 general election, no person shall be elected

to more than two consecutive terms as Governor or as lieutenant governor. The

election procedure shall be as prescribed by law.

Section 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.

Section 4. Veto power.

Whenever the Legislature is in session, any bill presented to the Governor

for signature shall become law when the Governor signs the bill or fails to veto

the bill within five days, not including Saturdays, Sundays, or holidays, of

presentation. A vetoed bill shall be returned by the Governor to the Legislature

together with the Governor's objections within five days, not including

Saturdays, Sundays, or holidays, of presentation if the Legislature is in session

or upon the reconvening of the Legislature from a recess. Any vetoed bill shall

be reconsidered by the Legislature and, if two-thirds of all members of each

house shall pass the bill, it shall become law.

Whenever a bill has been presented to the Governor and the Legislature has

adjourned sine die or recessed for more than five days within five days from

presentation, the bill shall become law when the Governor signs the bill or fails

to veto it within fifteen days after such adjournment or start of the recess.

The Governor may strike any items of any bill passed by the Legislature

making appropriations. The procedure for reconsidering items struck by the

Governor shall be the same as is prescribed for the passage of bills over the

executive veto. All items not struck shall become law as provided herein.

Bills with errors in style or form may be returned to the Legislature by the

Governor with specific recommendations for change. Bills returned shall be

treated in the same manner as vetoed bills except that specific recommendations

for change as to style or form may be approved by a majority vote of all the

members of each house. If the Governor certifies that the bill conforms with the

Governor's specific recommendations, the bill shall become law. If the Governor

fails to certify the bill, it shall be returned to the Legislature as a vetoed bill.

Section 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.

Section 6. Succession of executive power.

When the office of Governor shall become vacant through death,

resignation, failure to qualify, conviction after impeachment or permanent

disability of the Governor, the lieutenant governor shall succeed to the office

and powers of the Governor. When the Governor is unable to serve by reason of

continuous absence from the state, or other temporary disability, the executive

power shall devolve upon the lieutenant governor for the residue of the term or

until the disability is removed.

Whenever there is a permanent vacancy in the office of the lieutenant

governor, the Governor shall nominate a lieutenant governor who shall take

office upon confirmation by a majority vote of all the members of each house of

the Legislature.

Whenever there is a concurrent vacancy in the office of Governor and

lieutenant governor, the order of succession for the office of Governor shall be

as provided by law.

The Supreme Court shall have original and exclusive jurisdiction to

determine when a continuous absence from the state or disability has occurred in

the office of the Governor or a permanent vacancy exists in the office of

lieutenant governor.

Section 7. Other executive officers -- Powers, duties, and term limitations.

There shall be chosen by the qualified electors of the state at the general

election of the Governor and every four years thereafter the following

constitutional officers: attorney general, secretary of state, auditor, treasurer, and

commissioner of school and public lands, who shall severally hold their offices

for a term of four years. Commencing with the 1992 general election, no person

may be elected to more than two consecutive terms as attorney general,

secretary of state, auditor, treasurer, or commissioner of school and public lands.

Section 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.

Section 9. Appointment and removal power.

Each principal department shall be under the supervision of the Governor

and, unless otherwise provided in this Constitution or by law, shall be headed by

a single executive. Such single executive, unless provided otherwise by the

Constitution, shall be nominated and, by and with the advice and consent of the

senate, appointed by the Governor and shall hold office for a term to expire at

the end of the term for which the Governor was elected, unless sooner removed

by the Governor.

Except as otherwise provided in this Constitution, whenever a board,

commission or other body shall head a principal department of the state

government, the members thereof shall be nominated and, by and with the

advice and consent of the senate, appointed by the Governor. The term of office

and removal of such members shall be as prescribed by law.

The Governor shall have power to nominate and make interim appointments

requiring senate confirmation during recess of the Legislature except that such

nominations and interim appointments shall extend only to the end of the

Governor's term or until acted upon by the Legislature.

Sections 10 to 13. Superseded.


Article 5

Judicial Department

Section 1. Judicial powers.

The judicial power of the state is vested in a unified judicial system

consisting of a Supreme Court, circuit courts of general jurisdiction and courts

of limited original jurisdiction as established by the Legislature.

Section 2. Supreme Court.

The Supreme Court is the highest court of the state. It consists of a chief

justice and four associate justices. Upon request by the Supreme Court the

Legislature may increase the number of justices to seven. All justices shall be

selected from compact districts established by the Legislature, and each district

shall have one justice.

Section 3. Circuit courts.

The circuit courts consist of such number of circuits and judges as the

Supreme Court determines by rule.

Section 4. Courts of limited jurisdiction.

Courts of limited jurisdiction consist of all courts created by the Legislature

having limited original jurisdiction.

Section 5. Jurisdiction of courts.

The Supreme Court shall have such appellate jurisdiction as may be

provided by the Legislature, and the Supreme Court or any justice thereof may

issue any original or remedial writ which shall then be heard and determined by

that court. The Governor has authority to require opinions of the Supreme Court

upon important questions of law involved in the exercise of his executive power

and upon solemn occasions.

The circuit courts have original jurisdiction in all cases except as to any

limited original jurisdiction granted to other courts by the Legislature. The

circuit courts and judges thereof have the power to issue, hear and determine all

original and remedial writs. The circuit courts have such appellate jurisdiction as

may be provided by law.

Imposition or execution of a sentence may be suspended by the court

empowered to impose the sentence unless otherwise provided by law.

Section 6. Qualifications of judicial personnel.

Justices of the Supreme Court, judges of the circuit courts and persons

presiding over courts of limited jurisdiction must be citizens of the United

States, residents of the state of South Dakota and voting residents within the

district, circuit or jurisdiction from which they are elected or appointed. No

Supreme Court justice shall be deemed to have lost his voting residence in a

district by reason of his removal to the seat of government in the discharge of

his official duties. Justices of the Supreme Court and judges of circuit courts

must be licensed to practice law in the state of South Dakota.

Section 7. Judicial selection.

Circuit court judges shall be elected in a nonpolitical election by the

electorate of the circuit each represents for an eight-year term.

A vacancy, as defined by law, in the office of a Supreme Court justice or

circuit court judge, shall be filled by appointment of the Governor from one of

two or more persons nominated by the judicial qualifications commission. The

appointment to fill a vacancy of a circuit court judge shall be for the balance of

the unexpired term; and the appointment to fill a vacancy of a Supreme Court

justice shall be subject to approval or rejection as hereinafter set forth.

Retention of each Supreme Court justice shall, in the manner provided by

law, be subject to approval or rejection on a nonpolitical ballot at the first

general election following the expiration of three years from the date of his

appointment. Thereafter, each Supreme Court justice shall be subject to approval

or rejection in like manner every eighth year. All incumbent Supreme Court

justices at the time of the effective date of this amendment shall be subject to a

retention election in the general election in the year in which their respective

existing terms expire.

Section 8. Selection of the chief justice.

The chief justice shall be selected from among the justices of the Supreme

Court for a term and in a manner to be provided by law. The chief justice may

resign his office without resigning from the Supreme Court.

Section 9. Qualifications commission.

The Legislature shall provide by law for the establishment of a judicial

qualifications commission which have such powers as the Legislature may

provide, including the power to investigate complaints against any justice or

judge and to conduct confidential hearings concerning the removal or

involuntary retirement of a justice or judge. The Supreme Court shall prescribe

by rule the means to implement and enforce the powers of the commission. On

recommendation of the judicial qualifications commission the Supreme Court,

after hearing, may censure, remove or retire a justice or judge for action which

constitutes willful misconduct in office, willful and persistent failure to perform

his duties, habitual intemperance, disability that seriously interferes with the

performance of the duties or conduct prejudicial to the administration of justice

which brings a judicial office into disrepute. No justice or judge shall sit in

judgment in any hearing involving his own removal or retirement.

Section 10. Restrictions.

During his term of office no Supreme Court justice or circuit court judge

shall engage in the practice of law. Any Supreme Court justice or circuit court

judge who becomes a candidate for an elective nonjudicial office shall thereby

forfeit his judicial office.

Section 11. Administration.

The chief justice is the administrative head of the unified judicial system.

The chief justice shall submit an annual consolidated budget for the entire

unified judicial system, and the total cost of the system shall be paid by the state.

The Legislature may provide by law for the reimbursement to the state of

appropriate portions of such cost by governmental subdivisions. The Supreme

Court shall appoint such court personnel as it deems necessary to serve at its

pleasure.

The chief justice shall appoint a presiding circuit judge for each judicial

circuit to serve at the pleasure of the chief justice. Each presiding circuit judge

shall have such administrative power as the Supreme Court designates by rule

and may, unless it be otherwise provided by law, appoint judicial personnel to

courts of limited jurisdiction to serve at his pleasure. Each presiding circuit

judge shall appoint clerks and other court personnel for the counties in his

circuit who shall serve at his pleasure at a compensation fixed by law. Duties of

clerks shall be defined by Supreme Court rule.

The chief justice shall have power to assign any circuit judge to sit on

another circuit court, or on the Supreme Court in case of a vacancy or in place of

a justice who is disqualified or unable to act. The chief justice may authorize a

justice to sit as a judge in any circuit court.

The chief justice may authorize retired justices and judges to perform any

judicial duties to the extent provided by law and as directed by the Supreme

Court.

Section 12. Rule-making power.

The Supreme Court shall have general superintending powers over all

courts and may make rules of practice and procedure and rules governing the

administration of all courts. The Supreme Court by rule shall govern terms of

courts, admission to the bar, and discipline of members of the bar. These rules

may be changed by the Legislature.

Section 13. Transition.

The Legislature by law and the Supreme Court by rule shall provide for the

orderly transition of the judicial system in conformity with this article.

Sections 14 to 39. Superseded.


Article 6

Bill of Rights

Section 1. Inherent rights.

All men are born equally free and independent, and have certain inherent

rights, among which are those of enjoying and defending life and liberty, of

acquiring and protecting property and the pursuit of happiness. To secure these

rights governments are instituted among men, deriving their just powers from

the consent of the governed.

Section 2. Due process -- Right to work.

No person shall be deprived of life, liberty or property without due process

of law. The right of persons to work shall not be denied or abridged on account

of membership or nonmembership in any labor union, or labor organization.

Section 3. Freedom of religion -- Support of religion prohibited.

The right to worship God according to the dictates of conscience shall never

be infringed. No person shall be denied any civil or political right, privilege or

position on account of his religious opinions; but the liberty of conscience

hereby secured shall not be so construed as to excuse licentiousness, the

invasion of the rights of others, or justify practices inconsistent with the peace or

safety of the state.

No person shall be compelled to attend or support any ministry or place of

worship against his consent nor shall any preference be given by law to any

religious establishment or mode of worship. No money or property of the state

shall be given or appropriated for the benefit of any sectarian or religious society

or institution.

Section 4. Right of petition and peaceable assembly.

The right of petition, and of the people peaceably to assemble to consult for

the common good and make known their opinions, shall never be abridged.

Section 5. Freedom of speech -- Truth as defense -- Jury trial.

Every person may freely speak, write and publish on all subjects, being

responsible for the abuse of that right. In all trials for libel, both civil and

criminal, the truth, when published with good motives and for justifiable ends,

shall be a sufficient defense. The jury shall have the right to determine the fact

and the law under the direction of the court.

Section 6. Jury trial -- Reduced jury -- Three-fourths vote.

The right of trial by jury shall remain inviolate and shall extend to all cases

at law without regard to the amount in controversy, but the Legislature may

provide for a jury of less an twelve in any court not a court of record and for the

decision of civil cases by three-fourths of the jury in any court.

Section 7. Rights of accused.

In all criminal prosecutions the accused shall have the right to defend in

person and by counsel; to demand the nature and cause of the accusation against

him; to have a copy thereof; to meet the witnesses against him face to face; to

have compulsory process served for obtaining witnesses in his behalf, and to a

speedy public trial by an impartial jury of the county or district in which the

offense is alleged to have been committed.

Section 8. Right to bail -- Habeas corpus.

All persons shall be bailable by sufficient sureties, except for capital

offenses when proof is evident or presumption great. The privilege of the writ of

habeas corpus shall not be suspended unless, when in case of rebellion or

invasion, the public safety may require it.

Section 9. Self-incrimination -- Double jeopardy.

No person shall be compelled in any criminal case to give evidence against

himself or be twice put in jeopardy for the same offense.

Section 10. Indictment or information -- Modification or abolishment of grand

jury.

No person shall be held for a criminal offense unless on the presentment or

indictment of a grand jury, or information of the public prosecutor, except in

cases of impeachment, in cases cognizable by county courts, by justices of the

peace, and in cases arising in the army and navy, or in the militia when in actual

service in time of war or public danger: provided, that the grand jury may be

modified or abolished by law.

Section 11. Search and seizure.

The right of the people to be secure in their persons, houses, papers and

effects, against unreasonable searches and seizures shall not be violated, and no

warrant shall issue but upon probable cause supported by affidavit, particularly

describing the place to be searched and the person or thing to be seized.

Section 12. Ex post facto laws -- Impairment of contract obligations -- Privilege or

immunity.

No ex post facto law, or law impairing the obligation of contracts or making

any irrevocable grant of privilege, franchise or immunity, shall be passed.

Section 13. Private property not taken without just compensation -- Benefit to

owner -- Fee in highways.

Private property shall not be taken for public use, or damaged, without just

compensation, which will be determined according to legal procedure

established by the Legislature and according to Section  6 of this article. No benefit

which may accrue to the owner as the result of an improvement made by any

private corporation shall be considered in fixing the compensation for property

taken or damaged. The fee of land taken for railroad tracks or other highways

shall remain in such owners, subject to the use for which it is taken.

Section 14. Resident aliens' property rights.

No distinction shall ever be made by law between resident aliens and

citizens, in reference to the possession, enjoyment or descent of property.

Section 15. Imprisonment for debt.

No person shall be imprisoned for debt arising out of or founded upon a

contract.

Section 16. Military subordinate to civil power -- Quartering of soldiers.

The military shall be in strict subordination to the civil power. No soldier in

time of peace shall be quartered in any house without consent of the owner, nor

in time of war except in the manner prescribed by law.

Section 17. Taxation without consent -- Uniformity.

No tax or duty shall be imposed without the consent of the people or their

representatives in the Legislature, and all taxation shall be equal and uniform.

Section 18. Equal privileges or immunities.

No law shall be passed granting to any citizen, class of citizens or

corporation, privileges or immunities which upon the same terms shall not

equally belong to all citizens or corporations.

Section 19. Free and equal elections -- Right of suffrage -- Soldier voting.

Elections shall be free and equal, and no power, civil or military, shall at

any time interfere to prevent the free exercise of the right of suffrage. Soldiers in

time of war may vote at their post of duty in or out of the state, under regulations

to be prescribed by the Legislature.

Section 20. Courts open -- Remedy for injury.

All courts shall be open, and every man for an injury done him in his

property, person or reputation, shall have remedy by due course of law, and right

and justice, administered without denial or delay.

Section 21. Suspension of laws prohibited.

No power of suspending laws shall be exercised, unless by the Legislature

or its authority.

Section 22. Attainder by Legislature prohibited.

No person shall be attainted of treason or felony by the Legislature.

Section 23. Excessive bail or fines -- Cruel punishments.

Excessive bail shall not be required, excessive fines imposed, nor cruel

punishments inflicted.

Section 24. Right to bear arms.

The right of the citizens to bear arms in defense of themselves and the state

shall not be denied.

Section 25. Treason.

Treason against the state shall consist only in levying war against it, or in

adhering to its enemies, or in giving them aid and comfort. No person shall be

convicted of treason unless on the testimony of two witnesses to the same overt

act or confession in open court.

Section 26. Power inherent in people -- Alteration in form of government --

Inseparable part of Union.

All political power is inherent in the people, and all free government is

founded on their authority, and is instituted for their equal protection and

benefit, and they have the right in lawful and constituted methods to alter or

reform their forms of government in such manner as they may think proper. And

the state of South Dakota is an inseparable part of the American Union and the

Constitution of the United States is the supreme law of the land.

Section 27. Maintenance of free government -- Fundamental principles.

The blessings of a free government can only be maintained by a firm

adherence to justice, moderation, temperance, frugality and virtue and by

frequent recurrence to fundamental principles.


Article 7

Elections and Right of Suffrage

Section 1. Right to vote.

Elections shall be free and equal, and no power, civil or military, shall at

any time interfere to prevent the free exercise of the right of suffrage.

Section 2. Voter qualification.

Every United States citizen eighteen years of age or older who has met all

residency and registration requirements shall be entitled to vote in all elections

and upon all questions submitted to the voters of the state unless disqualified by

law for mental incompetence or the conviction of a felony. The Legislature may

by law establish reasonable requirements to insure the integrity of the vote.

Each elector who qualified to vote within a precinct shall be entitled to vote

in that precinct until he establishes another voting residence. An elector shall

never lose his residency for voting solely by reason of his absence from the

state.

Section 3. Elections.

The Legislature shall by law define residence for voting purposes, insure

secrecy in voting and provide for the registration of voters, absentee voting, the

administration of elections, the nomination of candidates and the voting rights of

those serving in the armed forces.

Sections 4 to 10. Superseded.


Article 8

Education and School Lands

Section 1. Uniform system of free public schools.

The stability of a republican form of government depending on the morality

and intelligence of the people, it shall be the duty of the Legislature to establish

and maintain a general and uniform system of public schools wherein tuition

shall be without charge, and equally open to all; and to adopt all suitable means

to secure to the people the advantages and opportunities of education.

Section 2. Perpetual trust fund for maintenance of public schools -- Principal

inviolate.

All proceeds of the sale of public lands that have heretofore been or may

hereafter be given by the United States for the use of public schools in the state;

all such per centum as may be granted by the United States on the sales of public

lands; the proceeds of all property that shall fall to the state by escheat; the

proceeds of all gifts or donations to the state for public schools or not otherwise

appropriated by the terms of the gift; and all property otherwise acquired for

public schools, shall be and remain a perpetual fund for the maintenance of

public schools in the state. It shall be deemed a trust fund held by the state. The

principal shall never be diverted by legislative enactment for any other purpose,

and may be increased; but, if any loss occurs through any unconstitutional act,

the state shall make the loss good through a special appropriation.

Section 3. Fund income apportioned among schools -- Apportionment of fines.

The interest and income of this fund together with all other sums which may

be added thereto by law, shall be faithfully used and applied each year for the

benefit of the public schools of the state, and shall be for this purpose

apportioned among and between all the several public school corporations of the

state in proportion to the number of children in each, of school age, as may be

fixed by law; and no part of the fund, either principal or interest, shall ever be

diverted, by legislative enactment, even temporarily, from this purpose or used

for any other purpose whatever than the maintenance of public schools for the

equal benefit of all the people of the state. However, before the interest and

income is apportioned to the public schools, the principal shall be increased each

year by an amount equal to the rate of inflation from the interest and income

earned from this fund. The principal may be prudently invested as provided by

law.

The proceeds of all fines collected from violations of state laws shall be

paid to the county treasurer of the county in which the fine was imposed, and

distributed by the county treasurer among and between all of the several public

schools incorporated in such county in proportion to the number of children in

each, of school age, as may be fixed by law.

Section 4. Sale of school lands -- Appraisal.

After one year from the assembling of the first Legislature, the lands

granted to the state by the United States for the use of public schools may be

sold upon the following conditions and no other: not more than one-third of all

such lands shall be sold within the first five years, and no more than two-thirds

within the first fifteen years after the title thereto is vested in the state, and the

Legislature shall, subject to the provisions of this article, provide for the sale of

the same.

The commissioner of school and public lands, the state auditor and the

county superintendent of schools of the counties severally, shall constitute

boards of appraisal and shall appraise all school lands within the several

counties which they may from time to time select and designate for sale, at their

actual value under the terms of sale.

They shall take care to first select and designate for sale the most valuable

lands; and they shall ascertain all such lands as may be of special and peculiar

value, other than agricultural, and cause the proper subdivision of the same in

order that the largest price may be obtained therefor.

Section 5. Terms of sale of school lands.

No land shall be sold for less than the appraised value, and in no case for

less than ten dollars per acre. The purchaser shall pay at least one-tenth of the

purchase price in cash. The Legislature shall provide by general law for payment

of the balance which shall be made in partial payments and must be fully paid

up within thirty years. Interest shall be established by the Legislature. All lands

may be sold for cash, provided further, that the purchaser or purchasers shall

have the right or option of paying the balance in whole or in part on any interest

paying date, under such rules as the Legislature may provide. No land shall be

sold until appraised and advertised and offered for sale at public auction. No

land can be sold except at public sale.

Such lands as shall not have been specially subdivided shall be offered in

tracts of not more than eighty acres and these subdivided into the smallest

division of the lands designated for sale and not sold within two years after their

appraisal shall be reappraised by the board of appraisers as hereinafter provided

before they are sold.

Section 6. Conduct of sales of school lands -- Conveyance of right or title.

All sales shall be conducted through the office of the commissioner of

school and public lands as may be prescribed by law, and returns of all

appraisals and sales shall be made to said office. No sale shall operate to convey

any right or title to any lands for sixty days after the date thereof, nor until the

same shall have received the approval of the Governor in such form as may be

provided by law. No grant or patent for any such lands shall issue until final

payment be made.

Section 7. Perpetual trust fund from proceeds of grants and gifts.

All lands, money, or other property donated, granted, or received from the

United States or any other source for a university, agricultural college, normal

schools , or other educational or charitable institution or purpose, and the

proceeds of all such lands and other property so received from any source, shall

be and remain perpetual funds, the interest and income of which, together with

the rents of all such lands as may remain unsold, shall be inviolably appropriated

and applied to the specific objects of the original grants or gifts. The principal of

every such fund may be increased, but shall never be diverted by legislative

enactment for any other purpose, and the interest and income only shall be used.

Every such fund shall be deemed a trust fund held by the state, and the state

shall make good all losses that may occur through any unconstitutional act or

where required under the Enabling Act.

Section 8. Appraisal and sale of donated lands -- Separate accounts.

All lands mentioned in the preceding section shall be appraised and sold in

the same manner and by the same officers and boards under the same

limitations, and subject to all the conditions as to price, sale and approval,

provided above for the appraisal and sale of lands for the benefit of public

schools, but a distinct and separate account shall be kept by the proper officers

of each of such funds.

Section 9. Lease of school lands.

The lands mentioned in this article shall be leased for pasturage, meadow,

farming, the growing of crops of grain and general agricultural purposes, and at

public auction after notice as hereinbefore provided in case of sale and shall be

offered in tracts not greater than one section. All rents shall be payable annually

in advance, and no term of lease shall exceed five years, nor shall any lease be

valid until it receives the approval of the Governor.

Provided, that any lessee of school and public lands shall, at the expiration

of a five-year lease, be entitled, at his option, to a new lease for the land

included in his original lease, for a period of time not exceeding five years,

without public advertising, at the current rental prevailing in the county in which

such land is situated, at the time of the issuance of the new lease. The

commissioner of school and public lands shall notify by registered mail each

lessee or assignee on or before the first day of November first preceding the

expiration of his lease that such lease will expire.

Such option shall be exercised by the lessee by notifying the commissioner

of school and public lands by registered mail, on or before the first day of

December first preceding the expiration of his lease describing the lands for

which he desires a new lease, in the same manner as the same is described in his

original lease.

The Legislature may provide by appropriate legislation for the payment of

local property taxes by the lessees of school and public lands.

Section 10. Trespassers' claims to public lands not recognized -- Improvements

not compensated.

No claim to any public lands by any trespasser thereon by reason of

occupancy, cultivation or improvement thereof, shall ever be recognized; nor

shall compensation ever be made on account of any improvements made by such

trespasser.

Section 11. Investment of permanent educational funds.

Except as otherwise required by the Enabling Act, the moneys of the

permanent school and other educational and charitable funds shall be invested

by the state investment council in stocks, bonds, mutual funds, and other

financial instruments as provided by law.

Section 12. Disapproval by Governor of sale, lease or investment.

The Governor may disapprove any sale, lease or investment other than such

as are intrusted to the counties.

Section 13. Audit of losses to permanent educational funds -- Permanent debt --

Interest.

The permanent school or other educational and charitable funds of this

state shall be audited by the proper authorities of the state. If any loss occurs

through any unconstitutional act, the state shall make the loss good through a

special appropriation. The amount of indebtedness so created shall not be

counted as a part of the indebtedness mentioned in Article 13, Section  2.

Section 14. Protection and defense of school lands.

The Legislature shall provide by law for the protection of the school lands

from trespass or unlawful appropriation, and for their defense against all

unauthorized claims or efforts to divert them from the school fund.

Section 15. Taxation to support school system -- Classification of property.

The Legislature shall make such provision by general taxation and by

authorizing the school corporations to levy such additional taxes as with the

income from the permanent school fund shall secure a thorough and efficient

system of common schools throughout the state. The Legislature is empowered

to classify properties within school districts into separate classes for purposes of

school taxation. Taxes shall be uniform on all property in the same class.

Section 16. Public support of sectarian instruction prohibited.

No appropriation of lands, money or other property or credits to aid any

sectarian school shall ever be made by the state, or any county or municipality

within the state, nor shall the state or any county or municipality within the state

accept any grant, conveyance, gift or bequest of lands, money or other property

to be used for sectarian purposes, and no sectarian instruction shall be allowed in

any school or institution aided or supported by the state.

Section 17. Interest in sale of school equipment prohibited.

No teacher, state, county, township or district school officer shall be

interested in the sale, proceeds or profits of any book, apparatus or furniture

used or to be used in any school in this state, under such penalties as shall be

provided by law.

Section 18. Apportionment of mineral leasing moneys -- Amounts covered into

permanent funds.

Notwithstanding the provisions of Section 2, 3 and 7 of Article 8 of this

Constitution, moneys received from the leasing of all common school,

indemnity, and endowment lands for oil and gas and other mineral leasing of

said lands shall be apportioned among the public schools and the various state

institutions in such manner that the public schools and each of such institutions

shall receive an amount which bears the same ratio to the total amount

apportioned as the number of acres (including any that may have been disposed

of) granted for such public schools or for such institutions bears to the total

number of acres (including any that may have been disposed of) granted in trust

to the state by the Enabling Act approved February 22, 1889, as amended, and

allocations authorized pursuant to the provisions of Section  17 of such Enabling Act;

and further that not less than fifty percent of each such amount so allocated shall

be covered into the permanent fund of the public schools and each of such

institutions.

Section 19. Mineral rights reserved to state -- Leases permitted.

All gas, coal, oil and mineral rights, and any other rights, as specified by

law, to or in public lands, are reserved for the state. Leases may be executed by

the state for the exploration, extraction and sale of such materials in the manner

and with such conditions as are provided by law.

Section 20. Loan of nonsectarian textbooks to all school children.

Notwithstanding the provisions of section 3, Article 6 and section 16,

Article 8, the Legislature may authorize the loaning of nonsectarian

textbooks to all children of school age.


Article 9

Local Government

Section 1. Organization of local government.

The Legislature shall have plenary powers to organize and classify units of

local government, except that any proposed change in county boundaries shall

be submitted to the voters of each affected county at an election and be approved

by a majority of those voting thereon in each county. No township heretofore

organized may be abolished unless the question is submitted to the voters of the

township and approved by a majority of those voting thereon in each township.

Section 2. Home rule.

Any county or city or combinations thereof may provide for the adoption or

amendment of a charter. Such charter shall be adopted or amended if approved

at an election by a majority of the votes cast thereon. Not less than ten percent of

those voting in the last preceding gubernatorial election in the affected

jurisdiction may by petition initiate the question of whether to adopt or amend a

charter.

A chartered governmental unit may exercise any legislative power or

perform any function not denied by its charter, the Constitution or the general

laws of the state. The charter may provide for any form of executive, legislative

and administrative structure which shall be of superior authority to statute,

provided that the legislative body so established be chosen by popular election

and that the administrative proceedings be subject to judicial review.

Powers and functions of home rule units shall be construed liberally.

Section 3. Intergovernmental cooperation.

Every local government may exercise, perform or transfer any of its powers

or functions, including financing the same, jointly or in cooperation with any

other governmental entities, either within or without the state, except as the

Legislature shall provide otherwise by law.

Section 4. Local initiatives to provide for cooperation and organization of local

government units.

On or after January 1, 2001, the voters of any unit of local government

shall have the right to initiate proposals for cooperation within or between local

governmental units, either within or without the state, except as the Legislature

shall provide otherwise by law. Such proposals may include combining,

eliminating, and joint financing of offices, functions, and governmental units.

Such proposals shall be adopted if approved at an election by a majority of the

votes cast thereon in each affected unit. A number not less than fifteen percent

of those voting in the last preceding gubernatorial election in each affected

jurisdiction may by petition initiate the question of whether to adopt the

proposal at the next general election.

Sections 5 to 7. Superseded.


Article 10

Municipal Corporations

[Repealed by SL 1972, ch 3, approved Nov. 7, 1972.]


Article 11

Revenue and Finance

Section 1. Annual tax.

The Legislature shall provide for an annual tax, sufficient to defray the

estimated ordinary expenses of the state for each year, not to exceed in any one

year two mills on each dollar of the assessed valuation of all taxable property in

the state, to be ascertained by the last assessment made for state and county

purposes.

And whenever it shall appear that such ordinary expenses shall exceed the

income of the state for such year, the Legislature shall provide for levying a tax

for the ensuing year, sufficient, with other sources of income, to pay the

deficiency of the preceding year, together with the estimated expenses of such

ensuing year. And for the purpose of paying the public debt, the Legislature

shall provide for levying a tax annually, sufficient to pay the annual interest and

the principal of such debt within ten years from the final passage of the law

creating the debt; provided, that the annual tax for the payment of the interest

and principal of the public debt shall not exceed in any one year two mills on

each dollar of the assessed valuation of all taxable property in the state, as

ascertained by the last assessment made for the state and county purposes.

Provided, that for the purpose of establishing, installing, maintaining and

operating a hard fiber twine and cordage plant at the state penitentiary at Sioux

Falls, South Dakota, the Legislature shall provide for a tax for the year 1907 of

not to exceed one and one-half mills on each dollar of the assessed valuation of

all taxable property in the state, as ascertained by the last assessment made for

state and county purposes.

Section 2. Classification of property for taxation -- Income.

To the end that the burden of taxation may be equitable upon all property,

and in order that no property which is made subject to taxation shall escape, the

Legislature is empowered to divide all property including moneys and credits as

well as physical property into classes and to determine what class or classes of

property shall be subject to taxation and what property, if any, shall not be

subject to taxation. Taxes shall be uniform on all property of the same class, and

shall be levied and collected for public purposes only. Taxes may be imposed

upon any and all property including privileges, franchises and licenses to do

business in the state. Gross earnings and net incomes may be considered in

taxing any and all property, and the valuation of property for taxation purposes

shall never exceed the actual value thereof. The Legislature is empowered to

impose taxes upon incomes and occupations, and taxes upon incomes may be

graduated and progressive and reasonable exemptions may be provided.

Section 3. Corporate tax power of state not suspended.

The power to tax corporations and corporate property shall not be

surrendered or suspended by any contract or grant to which the state shall be a

party.

Section 4. Banks and bankers taxed.

The Legislature shall provide for taxing all moneys, credits, investments in

bonds, stocks, joint stock companies, or otherwise; and also for taxing the notes

and bills discounted or purchased, moneys loaned and all other property, effects

or dues of every description, of all banks and of all bankers, so that all property

employed in banking shall always be subject to a taxation equal to that imposed

on the property of individuals.

Section 5. Public property exempt from taxation -- Exceptions.

The property of the United States and of the state, county and municipal

corporations, both real and personal, shall be exempt from taxation, provided,

however, that all state owned lands acquired under the provisions of the rural

credit act may be taxed by the local taxing districts for county, township and

school purposes, and all state owned lands, known as public shooting areas,

acquired under the provisions of Section  25.0106 SDC 1939 and acts amendatory

thereto, may be taxed by the local taxing districts for county, township and

school purposes in such manner as the Legislature may provide.

Section 6. Property exempt from taxation -- Personal property.

The Legislature shall, by general law, exempt from taxation, property used

exclusively for agricultural and horticultural societies, for school, religious,

cemetery and charitable purposes, property acquired and used exclusively for

public highway purposes, and personal property to any amount not exceeding in

value two hundred dollars for each individual liable to taxation.

Section 7. Other exemption laws void.

All laws exempting property from taxation other than that enumerated in Section

5 and 6 of this article, shall be void.

Section 8. Object of tax to be stated -- Use of vehicle and fuel taxes.

No tax shall be levied except in pursuance of a law, which shall distinctly

state the object of the same, to which the tax only shall be applied, and the

proceeds from the imposition of any license, registration fee, or other charge

with respect to the operation of any motor vehicle upon any public highways in

this state and the proceeds from the imposition of any excise tax on gasoline or

other liquid motor fuel except costs of administration and except the tax

imposed upon gasoline or other liquid motor fuel not used to propel a motor

vehicle over or upon public highways of this state shall be used exclusively for

the maintenance, construction and supervision of highways and bridges of this

state.

Section 9. Taxes paid into treasury -- Appropriations required for expenditure.

All taxes levied and collected for state purposes shall be paid into the state

treasury. No indebtedness shall be incurred or money expended by the state, and

no warrant shall be drawn upon the state treasurer except in pursuance of an

appropriation for the specific purpose first made. The Legislature shall provide

by suitable enactment for carrying this section into effect.

Section 10. Special assessments for local improvements -- Taxes for municipal

purposes.

The Legislature may vest the corporate authority of cities, towns and

villages, with power to make local improvements by special taxation of

contiguous property or otherwise. For all corporate purposes, all municipal

corporations may be vested with authority to assess and collect taxes; but such

tax shall be uniform in respect to persons and property within the jurisdiction of

the body levying the same.

Section 11. Unauthorized use of public money as felony.

The making of profit, directly or indirectly, out of state, county, city, town

or school district money, or using the same for any purpose not authorized by

law, shall be deemed a felony and shall be punished as provided by law.

Section 12. Annual statement of receipts and expenditures.

An accurate statement of the receipts and expenditures of the public moneys

shall be published annually, in such manner as the Legislature may provide.

Section 13. Vote required to increase tax rates or valuations.

The rate of taxation imposed by the state of South Dakota on personal or

corporate income or on sales or services, or the allowable levies or the

percentage basis for determining valuation as fixed by law for purposes of

taxation on real or personal property, shall not be increased unless by consent of

the people by exercise of their right of initiative or by two-thirds vote of all the

members elect of each branch of the Legislature.

Section 14. Vote required to impose or increase taxes.

The rate of taxation imposed by the State of South Dakota in regard to any

tax may not be increased and no new tax may be imposed by the State of South

Dakota unless by consent of the people by exercise of their right of initiative or

by two-thirds vote of all the members elect of each branch of the Legislature.

Section 15. Inheritance tax prohibited.

No tax may be levied on any inheritance, and the Legislature may not enact

any law imposing such a tax. The effective date of this section is July 1, 2001.


Article 12

Public Accounts and Expenditures

Section 1. Appropriation and warrant required for payment from treasury.

No money shall be paid out of the treasury except upon appropriation by

law and on warrant drawn by the proper officer.

Section 2. Contents of general appropriation bill -- Separate appropriation bills.

The general appropriation bill shall embrace nothing but appropriations for

ordinary expenses of the executive, legislative and judicial departments of the

state, the current expenses of state institutions, interest on the public debt, and

for common schools. All other appropriations shall be made by separate bills,

each embracing but one object, and shall require a two-thirds vote of all the

members of each branch of the Legislature.

Section 3. Extra compensation prohibited -- Unauthorized contracts -- Change in

compensation of officers -- Appropriations for defense of state.

The Legislature shall never grant any extra compensation to any public

officer, employee, agent or contractor after the services shall have been rendered

or the contract entered into, nor authorize the payment of any claims or part

thereof created against the state, under any agreement or contract made without

express authority of law, and all such unauthorized agreements or contracts shall

be null and void; nor shall the compensation of any public officer be increased

or diminished during his term of office: provided, however, that the Legislature

may make appropriations for expenditures incurred in suppressing insurrection

or repelling invasion.

Section 4. Annual statement required.

An itemized statement of all receipts and expenditures of the public moneys

shall be published annually in such manner as the Legislature shall provide, and

such statement shall be submitted to the Legislature at the beginning of each

regular session by the Governor with his message.

Section 5. Health care trust fund established - Investment - Appropriations.

There is hereby created in the state treasury a trust fund named the health

care trust fund. The state treasurer shall deposit into the health care trust fund

any funds on deposit in the intergovernmental transfer fund as of July 1, 2001,

and thereafter any funds appropriated to the health care trust fund as provided by

law. The South Dakota Investment Council or its successor shall invest the

health care trust fund in stocks, bonds, mutual funds, and other financial

instruments as provided by law. Beginning in fiscal year 2003, and each year

thereafter, the state treasurer shall make a distribution from the health care trust

fund into the state general fund to be appropriated by law for health care related

programs. The calculation of the distribution shall be defined by law and may

promote growth of the fund and a steadily growing distribution amount. The

health care trust fund may not be diverted for other purposes nor may the

principal be invaded unless appropriated by a three-fourths vote of all the

members-elect of each house of the Legislature.

Section 6. Education enhancement trust fund established - Investment -

Appropriations.

There is hereby created in the state treasury a trust fund named the

education enhancement trust fund. The state treasurer shall deposit into the

education enhancement trust fund any funds received as of July 1, 2001, and

funds received thereafter by the state pursuant to the Master Settlement

Agreement entered into on November 23, 1998, by the State of South Dakota

and major United States tobacco product manufacturers or the net proceeds of

any sale or securitization of rights to receive payments pursuant to the Master

Settlement Agreement, any funds in the youth-at- risk trust fund as of July 1,

2001, and thereafter any funds appropriated to the education enhancement trust

fund as provided by law. The South Dakota Investment Council or its successor

shall invest the education enhancement trust fund in stocks, bonds, mutual

funds, and other financial instruments as provided by law. Beginning in fiscal

year 2003, and each year thereafter, the state treasurer shall make a distribution

from the education enhancement trust fund into the state general fund to be

appropriated by law for education enhancement programs. The calculation of the

distribution shall be defined by law and may promote growth of the fund and a

steadily growing distribution amount. The education enhancement trust fund

may not be diverted for other purposes nor may the principal be invaded unless

appropriated by a three-fourths vote of all the members-elect of each house of

the Legislature.


Article 13

Public Indebtedness

Section 1. State enterprises -- Legislative vote required -- Defense of state -- Rural

credits -- Maximum indebtedness.

For the purpose of developing the resources and improving the economic

facilities of South Dakota, the state may engage in works of internal

improvement, may own and conduct proper business enterprises, may loan or

give its credit to, or in aid of, any association, or corporation, organized for such

purposes. But any such association or corporation shall be subject to regulation

and control by the state as may be provided by law. No money of the state shall

be appropriated, or indebtedness incurred for any of the purposes of this section,

except by the vote of two-thirds of the members of each branch of the

Legislature. The state may also assume or pay any debt or liability incurred in

time of war for the defense of the state. The state may establish and maintain a

system of rural credits and thereby loan and extend credit to the people of the

state upon real estate security in such manner and upon such terms and

conditions as may be prescribed by general law. The limit of indebtedness

contained in Section  2 of this article shall not apply to the provisions of this section,

but the indebtedness of the state for the purposes contained in this section shall

never exceed one-half of one percent of the assessed valuation of the property of

the state, provided however, that nothing contained in this section shall affect

the refinancing or refunding of the present outstanding indebtedness of this state.

Section 2. Maximum state debt -- Irrepealable tax to repay.

For the purpose of defraying extraordinary expenses and making public

improvements, or to meet casual deficits or failure in revenue, the state may

contract debts never to exceed with previous debts in the aggregate one hundred

thousand dollars, and no greater indebtedness shall be incurred except for the

purpose of repelling invasion, suppressing insurrection, or defending thee state

or the United States in war and provision shall be made by law for the payment

of the interest annually, and the principal when due, by tax levied for the

purpose or from other sources of revenue; which law providing for the payment

of such interest and principal by such tax or otherwise shall be irrepealable until

such debt is paid: provided, however, the state of South Dakota shall have the

power to refund the territorial debt assumed by the state of South Dakota, by

bonds of the state of South Dakota.

Section 3. State debt as in addition to territorial debt.

That the indebtedness of the state of South Dakota limited by Section  2 of this

article shall be in addition to the debt of the territory of Dakota assumed by and

agreed to be paid by South Dakota.

Section 4. Debt limitations for municipalities and political subdivisions.

The debt of any county, city, town or civil township shall never exceed five

per centum upon the assessed valuation of the taxable property therein, for the

year preceding that in which said indebtedness is incurred. The debt of any

school district shall never exceed ten per centum upon the assessed valuation of

the taxable property therein, for the year preceding that in which said

indebtedness is incurred. In estimating the amount of the indebtedness which a

municipality or subdivision may incur, the amount of indebtedness contracted

prior to the adoption of the Constitution shall be included.

Provided, that any county, municipal corporation, civil township, district, or

other subdivision may incur an additional indebtedness, not exceeding ten per

centum upon the assessed valuation of the taxable property therein, for the year

preceding that in which said indebtedness is incurred, for the purpose of

providing water and sewerage, for irrigation, domestic uses, sewerage and other

purposes; and

Provided, further, that in a city where the population is eight thousand or

more, such city may incur an indebtedness not exceeding eight per centum upon

the assessed valuation of the taxable property therein for the year next preceding

that in which said indebtedness is incurred for the purpose of constructing street

railways, electric lights or other lighting plants.

Provided, further, that no county, municipal corporation, civil township,

district or subdivision shall be included within such district or subdivision

without a majority vote in favor thereof of the electors of the county, municipal

corporation, civil township, district or other subdivision, as the case may be,

which is proposed to be included therein, and no such debt shall ever be incurred

for any of the purposes in this section provided, unless authorized by a vote in

favor thereof by a majority of the electors of such county, municipal

corporation, civil township, district or subdivision incurring the same.

Section 5. Irrepealable tax to repay debt of municipality or political subdivision.

Any city, county, town, school district or any other subdivision incurring

indebtedness shall, at or before the time of so doing, provide for the collection of

an annual tax sufficient to pay the interest and also the principal thereof when

due, and all laws or ordinances providing for the payment of the interest or

principal of any debt shall be irrepealable until such debt be paid.

Section 6. Adjustment of debts and liabilities of territory of Dakota.

In order that payment of the debts and liabilities contracted or incurred by

and in behalf of the territory of Dakota may be justly and equitably provided for

and made, and in pursuance of the requirements of an act of Congress approved

February 22, 1889, entitled "An act to provide for the division of Dakota into

two states and to enable the people of North Dakota, South Dakota, Montana

and Washington to form Constitutions and state governments and to be admitted

into the union on an equal footing with the original states, and to make

donations of public lands to such states" the states of North Dakota and South

Dakota, by proceedings of a joint commission, duly appointed under said act,

the sessions whereof were held at Bismarck in said state of North Dakota, from

July 16, 1889, to July 31, 1889, inclusive, have agreed to the following

adjustment of the amounts of the debts and liabilities of the territory of Dakota

which shall be assumed and paid by each of the states of North Dakota and

South Dakota, respectively, to wit:

1. This agreement shall take effect and be in force from and after the

admission into the union, as one of the United States of America, of either the

state of North Dakota or the state of South Dakota.

2. The words "state of North Dakota" wherever used in this agreement, shall

be taken to mean the territory of North Dakota, in case the state of South Dakota

shall be admitted into the union prior to the admission into the union of the state

of North Dakota; and the words "state of South Dakota," wherever used in this

agreement, shall be taken to mean the territory of South Dakota in case the state

of North Dakota shall be admitted into the union prior to the admission into the

union of the state of South Dakota.

3. The said state of North Dakota shall assume and pay all bonds issued by

the territory of Dakota to provide funds for the purchase, construction, repairs or

maintenance of such public institutions, grounds or buildings as are located

within the boundaries of North Dakota, and shall pay all warrants issued under

and by virtue of that certain act of the legislative assembly of the territory of

Dakota, approved March 3, 1889, entitled an act to provide for the refunding of

outstanding warrants drawn on the capitol building fund.

4. The said state of South Dakota shall assume and pay all bonds issued by

the territory of Dakota to provide funds for the purchase, construction, repairs or

maintenance of such public institutions, grounds or buildings as are located

within the boundaries of South Dakota.

5. That is to say: The state of North Dakota shall assume and pay the

following bonds and indebtedness, to wit: Bonds issued on account of the

hospital for insane at Jamestown, North Dakota, the face aggregate of which is

two hundred and sixty-six thousand dollars; also, bonds issued on account of the

North Dakota University at Grand Forks, North Dakota, the face aggregate of

which is ninety-six thousand seven hundred dollars; also, bonds issued on

account of the penitentiary at Bismarck, North Dakota, the face aggregate of

which is ninety-three thousand six hundred dollars; also, refunding capitol

building warrants dated April 1, 1889, eighty-three thousand five hundred and

seven dollars and forty-six cents.

And the state of South Dakota shall assume and pay the following bonds

and indebtedness, to wit: Bonds issued on account of the hospital for the insane

at Yankton, South Dakota, the face aggregate of which is two hundred and ten

thousand dollars; also, bonds issued on account of the school for deaf mutes, at

Sioux Falls, South Dakota, the face aggregate of which is fifty-one thousand

dollars; also, bonds issued on account of the university at Vermillion, South

Dakota, the face aggregate of which is seventy-five thousand dollars; also,

bonds issued on account of the penitentiary at Sioux Falls, South Dakota, the

face aggregate of which is ninety-four thousand three hundred dollars; also,

bonds issued on account of agricultural college at Brookings, South Dakota, the

face aggregate of which is ninety-seven thousand five hundred dollars; also,

bonds issued on account of the normal school at Madison, South Dakota, the

face aggregate of which is forty-nine thousand four hundred dollars; also, bonds

issued on account of school of mines at Rapid City, South Dakota, the face

aggregate of which is thirty-three thousand dollars; also, bonds issued on

account of the reform school at Plankinton, South Dakota, the face aggregate of

which is thirty thousand dollars; also, bonds issued on account of the normal

school at Spearfish, South Dakota, the face aggregate of which is twenty-five

thousand dollars; also, bonds issued on account of the soldiers' home at Hot

Springs, South Dakota, the face aggregate of which is forty-five thousand

dollars.

6. The states of North Dakota and South Dakota shall pay one-half each of

all liabilities now existing or hereafter and prior to the taking effect of this

agreement incurred, except those heretofore and hereafter incurred on account of

public institutions, grounds or buildings, except as otherwise herein specifically

provided.

7. The state of South Dakota shall pay to the state of North Dakota forty-six

thousand five hundred dollars on account of the excess of territorial

appropriations for the permanent improvement of territorial institutions which

under this agreement will go to South Dakota, and in full of the undivided

one-half interest of North Dakota in the territorial library and in full settlement

of unbalanced accounts, and of all claims against the territory, of whatever

nature, legal or equitable, arising out of the alleged erroneous or unlawful

taxation of the Northern Pacific Railroad lands, and the payment of said amount

shall discharge and exempt the state of South Dakota from all liability for or on

account of the several matters hereinbefore referred to; nor shall either state be

called upon to pay or answer to any portion of liability hereafter arising or

accruing on account of transactions heretofore had, which liability would be a

liability of the territory of Dakota had such territory remained in existence, and

which liability shall grow out of matters connected with any public institution,

grounds or buildings of the territory situated or located within the boundaries of

the other state.

8. A final adjustment of accounts shall be made upon the following basis:

North Dakota shall be charged with all sums paid on account of the public

institutions, grounds or buildings located within its boundaries on account of the

current appropriations since March 8, 1889; and South Dakota shall be charged

with all sums paid on account of public institutions, grounds or buildings located

within its boundaries on the same account and during the same time. Each state

shall be charged with one-half of all other expenses of the territorial government

during the same time. All moneys paid into the treasury during the period from

March 8, 1889, to the time of taking effect of this agreement by any county,

municipality or person within the limits of the proposed state of North Dakota

shall be credited to the state of North Dakota; and all sums paid into said

treasury within the same time by any county, municipality or person within the

limits of the proposed state of South Dakota shall be credited to the state of

South Dakota; except that any and all taxes on gross earnings paid into said

treasury by railroad corporations since the eighth day of March 1889, based

upon earnings of years prior to 1888, under and by virtue of the act of the

legislative assembly of the territory of Dakota, approved March 7, 1889, and

entitled "An act providing for the levy and collection of taxes upon property of

railroad companies in this territory," being chapter 107 of the Session Laws of

1889 (that is, the part of such sum going to the territory) shall be equally divided

between the states of North Dakota and South Dakota; and all taxes heretofore

or hereafter paid into said treasury under and by virtue of the act last mentioned,

based on the gross earnings of the year 1888, shall be distributed as already

provided by law, except that so much thereof as goes to the territorial treasury

shall be divided as follows: North Dakota shall have so (much) thereof as shall

be or has been paid by railroads within the limits of the proposed state of North

Dakota and South Dakota so much thereof as shall be or has been paid by

railroads within the limits of the proposed state of South Dakota. Each state shall

be credited also with all balances of appropriations made by the seventeenth

legislative assembly of the territory of Dakota for the account of public

institutions, grounds or buildings situated within its limits, remaining

unexpended on March 8, 1889. If there be any indebtedness except the

indebtedness represented by the bonds and refunding warrants hereinbefore

mentioned, each state shall at the time of such final adjustment of accounts,

assume its share of said indebtedness as determined by the amount paid on

account of the public institutions, grounds or buildings of such state in excess of

the receipts from counties, municipalities, railroad corporations or persons

within the limits of said state as provided in this article; and if there should be a

surplus at the time of such final adjustment, each state shall be entitled to the

amounts received from counties, municipalities, railroad corporations or persons

within its limits over and above the amount charged to it.

Section 7. Obligation of state to pay proportion of territorial debt.

And the state of South Dakota hereby obligates itself to pay such part of the

debts and liabilities of the territory of Dakota as is declared by the foregoing

agreement to be its proportion thereof, the same as if such proportion had been

originally created by said state of South Dakota as its own debt or liability.

Section 8. Refunding bond issue authorized for territorial debt payment.

The territorial treasurer is hereby authorized and empowered to issue

refunding bonds to the amount of one hundred seven thousand five hundred

dollars, bearing interest not to exceed the rate of four percent per annum, for the

purpose of refunding the following described indebtedness of the territory of

Dakota, to wit:

Seventy-seven thousand five hundred dollars, five percent bonds, dated

May 1, 1883, issued for the construction of the west wing of the insane hospital

at Yankton and thirty thousand dollars, six percent bonds dated May 1, 1883,

issued for permanent improvements [of the] Dakota penitentiary, at Sioux Falls,

such refunding bonds, if issued, to run for not more than twenty years, and shall

be executed by the Governor and treasurer of the territory, and shall be attested

by the secretary under the great seal of the territory.

In case such bonds are issued by the territorial treasurer as hereinbefore set

forth, before the first day of October, 1889, then upon the admission of South

Dakota as a state it shall assume and pay said bonds in lieu of the aforesaid

territorial indebtedness.

Section 9. Road construction and coal supply by state.

The construction and maintenance of good roads and the supplying of coal

to the people of the state from the lands belonging to the state are works of

necessity and importance in which the state may engage but no expenditure of

money for the same shall be made except by the vote of a two-thirds majority of

the Legislature.

Section 10. State cement enterprises.

The manufacture, distribution and sale of cement and cement products are

hereby declared to be works of public necessity and importance in which the

state may engage, and suitable laws may be enacted by the Legislature to

empower the state to acquire, by purchase or appropriation, all lands, easements,

rights of way, tracks, structures, equipment, cars, motive power, implements,

facilities, instrumentalities and material, incident or necessary to carry the

provisions of this section into effect: provided, however, that no expenditure of

money for the purposes enumerated in this section shall be made, except upon a

vote of two-thirds of the members elect of each branch of the Legislature.

Section 11. State pledge to fund cement enterprises.

The state may pledge such cement plants and all of the accessories thereto,

and may pledge the credit of the state, to provide funds for the purposes

enumerated in Section 10 of this article, any provision in this Constitution to the

contrary notwithstanding.

Section 12. State electric power enterprises.

The manufacture, distribution and sale of electric current for heating,

lighting and power purposes are hereby declared to be works of public necessity

and importance in which the state may engage, and suitable laws may be enacted

by the Legislature to empower the state to acquire, by purchase or appropriation

all lands, easements, rights of way, tracks, structures, equipment, cars, motive

power, implements, facilities, instrumentalities and material incident or

necessary to the acquisition, ownership, control, development and operation of

the water powers of this state, and to carry this provision into effect: provided,

however, that no expenditure of money for the purposes enumerated in this

section shall be made except by a vote of two-thirds of the members elect of

each branch of the Legislature.

Section 13. State pledge to fund electric power enterprises.

The state may pledge such plants and all of the accessories thereto, and may

pledge the credit of the state, to provide funds for the purposes enumerated in Section

12 of this article, any provision in this Constitution to the contrary

notwithstanding.

Section 14. State coal mining enterprises.

The mining, distribution and sale of coal are hereby declared to be works of

public necessity and importance in which the state may engage, and the

Legislature may enact suitable laws to carry this provision into effect and to

empower the state to acquire, by purchase or appropriation, all lands, structures,

easements, tracks, rights of way, equipment, cars, motive power, and all other

facilities, implements, instrumentalities, and materials necessary or incidental to

the acquisition, mining, manufacturing and distribution of coal for fuel purposes:

provided, however, that no expenditure of money for the purposes enumerated

in this section shall be made except upon a vote of two-thirds of the members

elect of each branch of the Legislature.

Section 15. State pledge to fund coal enterprises.

The state may pledge such plants and all of the accessories thereto, as well

as the credit of this state, to provide funds for the purposes enumerated in Section  14

of this article, any provision in this Constitution to the contrary notwithstanding.

Section 16. Works of internal improvement -- State indebtedness.

The state may engage in works of internal improvement, any provision in

this Constitution, or limitation in Section  2 of this article, to the contrary

notwithstanding. The indebtedness of the state for the purposes contained in this

section shall never exceed one-half of one percent of the assessed valuation of

all property in this state and no such indebtedness shall be incurred nor money

expended, except upon a two-thirds vote of the members elect in each branch of

the Legislature.

Section 17. Home loans by state -- Debt limitation inapplicable.

The state may establish and maintain a system of credits for assisting in the

building of homes by the people of the state, and therefor may loan money and

extend credit to the people of the state upon real estate security in such manner

and upon such terms and conditions as may be prescribed by general law. The

limitations and provisions regarding the incurring of indebtedness elsewhere

found in the Constitution shall not apply to this section, but the Legislature shall,

at the time of incurring any indebtedness hereunder, provide for discharging

same.

Section 18. Compensation of military and war relief personnel -- Maximum

indebtedness.

The Legislature shall be authorized to provide by law for compensating

honorably discharged soldiers, sailors, marines, and others, who have served

with the armed forces of the United States, or who have engaged in war relief

work in the World's War, or other wars of the United States, including former

American citizens, who served in allied armies against the central powers in the

World's War and who have been honorably discharged and repatriated; such

compensation not to exceed the sum of fifteen dollars per month for the period

of such service. For this purpose the Legislature may use the credit of the state,

and any indebtedness created for this purpose shall not be a part of the

indebtedness authorized or limited by other provisions of the Constitution;

provided, that the amount of all indebtedness created by the state for the

purposes specified in this section shall not exceed six million dollars.

Section 19. Bonus paid to veterans and deceased veterans' dependents.

1. The Legislature shall be authorized to provide by law for compensating

and paying a bonus in money to veterans and to dependents of deceased

veterans, who were legal residents of the state of South Dakota for a period of

not less than six months immediately preceding entry into the armed forces of

the United States and who have served for ninety or more days in the armed

forces of the United States between the period beginning December 7, 1941 and

ending September 2, 1945 and who are still in the armed forces or were

discharged therefrom under conditions other than dishonorable. Such bonus to

be paid in cash, at the rate of fifty cents per day for each day of service in the

armed forces within continental United States and at the rate of seventy-five

cents per day for each day of service in the armed forces outside of continental

United States, provided that any such person who served wholly within

continental United States shall be entitled to receive not to exceed a bonus or

total sum of five hundred dollars, and any such person who has served wholly

outside of continental United States, or partly within and partly without, shall be

entitled to receive not to exceed a bonus payment in the total sum of six hundred

section shall not exceed thirty million dollars. If upon computation the amount

of thirty million dollars shall be inadequate to make the specified payments as

stated in this section, the Legislature shall have the power to apportion the

amount.

2. The term "armed forces" shall mean and include the following: United

States army, army of the United States, United States navy, United States naval

reserves, United States marine corps, United States marine corps reserve, United

States coast guard, United States coast guard reserve which shall be construed to

include the United States guard temporary reserve, women's army corps, United

States navy women's reserve, United States marine corps women's reserve,

United States coast guard women's reserve, army nurse corps and navy nurse

corps.

Section 20. Trust fund created from proceeds of state cement enterprise sales -

Investment - Annual appropriation.

The net proceeds derived from the sale of state cement enterprises shall be

deposited by the South Dakota Cement Commission in a trust fund hereby

created to benefit the citizens of South Dakota. The South Dakota Investment

Council or its successor shall invest the trust fund in stocks, bonds, mutual

funds, and other financial instruments as provided by law. Each fiscal year

beginning in fiscal year 2001, a transfer of twelve million dollars shall be made

from the trust fund to the state general fund as provided by law.

Section 21. Trust fund principal inviolate - Certain distributions in support of

education permitted - Market value.

Except as provided in Article 13, section 20 of the Constitution of the

State of South Dakota, the original principal of the trust fund shall forever

remain inviolate. However, the Legislature shall, by appropriation, make

distributions from the difference between the twelve million dollar annual

general fund transfer and five percent of the market value of the trust fund for

the support of education, but not for the replacement of state aid to general

education or special education, if the increase in the market value of the trust

fund in that fiscal year was sufficient to maintain the original principal of the

trust fund after such distributions. Beginning with fiscal year 2006, the market

value of the trust fund shall be determined by adding the market value of the

trust fund at the end of the sixteen most recent calendar quarters, and dividing

that sum by sixteen.

fifty dollars; such bonus to be paid on or before the thirty-first day of December

1950. For this purpose the Legislature may use credit of the state and any

indebtedness created for this purpose shall not be a part of the indebtedness

authorized or limited by other provisions of the Constitution; provided that the

amount of indebtedness created by the state for the purpose specified in this


Article 14

State Institutions

Section 1. Charitable and penal institutions.

The charitable and penal institutions of the state of South Dakota shall

consist of a penitentiary, a hospital for the mentally ill, a school for the

developmentally disabled, and a reform school for juveniles.

Section 2. Government of charitable and penal institutions.

The state institutions provided for in the preceding section shall be

governed under such rules and restrictions as the Legislature shall provide.

Section 3. Board to govern state educational institutions.

The state university, the agriculture college, the school of mines and

technology, the normal schools, a school for the deaf, a school for the blind, and

all other educational institutions that may be sustained either wholly or in part

by the state shall be under the control of a board of five members appointed by

the Governor and confirmed by the senate under such rules and restrictions as

the Legislature shall provide. The Legislature may increase the number of

members to nine.

Section 4. [Repealed.]

Section 5. Mining and metallurgy to be taught.

The Legislature shall provide that the science of mining and metallurgy be

taught in at least one institution of learning under the patronage of the state.


Article 15

Militia

Section 1. Composition of militia.

The militia of the state of South Dakota shall consist of all able-bodied male

persons residing in the state, between the ages of eighteen and forty-five years,

except such persons as now are, or hereafter may be, exempted by the laws of

the United States or of this state.

Section 2. Legislative provisions for militia.

The Legislature shall provide by law for the enrollment, uniforming,

equipment and discipline of the militia and the establishment of volunteer and

such other organizations or both, as may be deemed necessary for the protection

of the state, the preservation of order and the efficiency and good of the service.

Section 3. Conformity to federal regulations.

The Legislature in providing for the organization of the militia shall

conform, as nearly as practicable, to the regulations for the government of the

armies of the United States.

Section 4. Commissions of officers of militia.

All militia officers shall be commissioned by the Governor, and may hold

their commissions for such period of time as the Legislature may provide,

subject to removal by the Governor for cause, to be first ascertained by a

court-martial pursuant to law.

Section 5. Militia privileged from arrest.

The militia shall in cases except treason, felony or breach of the peace, be

privileged from arrest during their attendance at muster and elections and in

going to and returning from the same.

Section 6. Safekeeping of military records and relics.

All military records, banners and relics of the state, except when in lawful

use, shall be preserved in the office of _the adjutant general as an enduring

memorial of the patriotism and valor of South Dakota; and it shall be the duty of

the Legislature to provide by law for the safekeeping of the same.

Section 7. Conscientious objectors.

No person having conscientious scruples against bearing arms shall be

compelled to do military duty in time of peace.


Article 16

Impeachment And Removal From Office

Section 1. Power of impeachment in house -- Majority required.

The house of representatives shall have the sole power of impeachment.

The concurrence of a majority of all members elected shall be necessary to

an impeachment.

Section 2. Trial of impeachments -- Presiding officer.

All impeachments shall be tried by the senate. When sitting for that purpose

the senators shall be upon oath or affirmation to do justice according to law and

evidence. No person shall be convicted without the concurrence of two-thirds of

the members elected. When the Governor or lieutenant governor is on trial the

presiding judge of the Supreme Court shall preside.

Section 3. Officers subject to impeachment -- Grounds -- Removal from office --

Criminal prosecution.

The Governor and other state and judicial officers, except county judges,

justices of the peace and police magistrates, shall be liable to impeachment for

drunkenness, crimes, corrupt conduct, or malfeasance or misdemeanor in office,

but judgment in such cases shall not extend further than to removal from office

and disqualification to hold any office of trust or profit under the state. The

person accused whether convicted or acquitted shall nevertheless be liable to

indictment, trial, judgment and punishment according to law.

Section 4. Removals of officers not subject to impeachment.

All officers not liable to impeachment shall be subject to removal for

misconduct or malfeasance or crime or misdemeanor in office, or for

drunkenness or gross incompetency, in such manner as may be provided by law.

Section 5. Suspension of duties between impeachment and acquittal.

No officer shall exercise the duties of his office after he shall have been

impeached and before his acquittal.

Section 6. Lieutenant governor not to try Governor.

On trial of an impeachment against the Governor the lieutenant governor

shall not act as a member of the court.

Section 7. Service of copy of impeachment before trial required.

No person shall be tried on impeachment before he shall have been served

with a copy thereof at least twenty days previous to the day set for trial.

Section 8. Impeachment twice for same offense prohibited.

No person shall be liable to impeachment twice for the same offense.


Article 17

Corporations

Section 1. Special corporation laws prohibited -- State- controlled

corporations excepted.

No corporation shall be created or have its charter extended, changed or

amended by special laws, except those for charitable, educational, penal or

reformatory purposes, which are to be and remain under the patronage and

control of the state; but the Legislature shall provide, by general laws, for the

organization of all corporations hereafter to be created.

Section 2. Invalidation of charters without bona fide organization and business.

All existing charters, or grants of special or exclusive privileges under

which a bona fide organization shall not have taken place and business been

commenced in good faith at the time this Constitution takes effect, shall

thereafter have no validity.

Section 3. Laws for benefit of corporation as conditioned on compliance with

Constitutional provision.

The Legislature shall not remit the forfeiture of the charter of any

corporation now existing nor alter or amend the same nor pass any other general

or special law for the benefit of such corporation, except upon the condition that

such corporation shall thereafter hold its charter subject to the provisions of this

Constitution.

Section 4. Corporations subject to eminent domain -- Police power.

The exercise of the right of eminent domain shall never be abridged or so

construed as to prevent the Legislature from taking the property and franchises

of incorporated companies and subjecting them to public use, the same as the

property of individuals; and the exercise of the police power of the state shall

never be abridged or so construed as to permit corporations to conduct their

business in such manner as to infringe the equal rights of individuals or the

general well-being of the state.

Section 5. Casting of votes for directors or managers.

In all elections for directors or managers of a corporation, each member or

shareholder may cast the whole number of his votes for one candidate, or

distribute them upon two or more candidates, as he may prefer.

Section 6. Place of business and authorized agent required of foreign corporation.

No foreign corporation shall do any business in this state without having

one or more known places of business and an authorized agent or agents in the

same upon whom process may be served.

Section 7. Business to be expressed in charter -- Real estate restricted.

No corporation shall engage in any business other than that expressly

authorized in its charter, nor shall it take or hold any real estate except such as

may be necessary and proper for its legitimate business.

Section 8. Stocks and bonds -- Indebtedness increase.

No corporation shall issue stocks or bonds except for money, labor done, or

money or property actually received; and all fictitious increase of stock or

indebtedness shall be void. The stock and indebtedness of corporations shall not

be increased except in pursuance of general law, nor without the consent of the

persons holding the larger amount in value of the stock first obtained, at a

meeting to be held after sixty days notice given in pursuance of law.

Section 9. Legislature's power to alter, revise, or annul corporate charters --

Creation, renewal, or extension.

The Legislature shall have the power to alter, revise or annul any charter of

any corporation now existing and revocable at the taking effect of this

Constitution, or any that may be created, whenever in their opinion it may be

injurious to the citizens of this state, in such a manner, however, that no injustice

shall be done to the incorporators. No law hereafter enacted shall create, renew

or extend the charter of more than one corporation.

Section 10. Local consent required for grant of street railroad right.

No law shall be passed by the Legislature granting the right to construct and

operate a street railroad within any city, town or incorporated village, without

requiring the consent of the local authorities having the control of the street or

highway proposed to be occupied by such street railroad.

Section 11. Construction and maintenance of telegraph lines -- Controlling

interest in competing company prohibited.

Any association or corporation organized for the purpose, or any individual,

shall have the right to construct and maintain lines of telegraph in this state and

to connect the same with other lines; and the Legislature shall by general law of

uniform operation provide reasonable regulations to give full effect to this

section. No telegraph company shall consolidate with or hold a controlling

interest in the stock or bonds of any other telegraph company owning a

competing line, or acquire by purchase or otherwise, any other competing line of

telegraph.

Section 12. Railroad corporations.

Every railroad corporation organized or doing business in this state under

the laws or authority thereof shall have and maintain a public office or place in

this state for the transaction of its business, where transfers of its stock shall be

made, and in which shall be kept for public inspection books in which shall be

recorded the amount of capital stock subscribed, and by whom; the names of the

owners of its stock, and the amount owned by them respectively; the amount of

stock paid in, and by whom; the transfers of said stock; the amount of its assets

and liabilities; and the names and place of residence of its officers. The directors

of every railroad corporation shall annually make a report, under oath, to the

auditor of public accounts or some officer or officers to be designated by law, of

all their acts and doings, which report shall include such matters relating to

railroads as may be prescribed by law, and the Legislature shall pass laws

enforcing by suitable penalties the provisions of this section.

Section 13. Movable property of railroad corporation considered personalty --

Execution and sale.

The rolling stock, and all other movable property belonging to any railroad

company or corporation in this state shall be considered personal property, and

shall be liable to execution and sale in the same manner as the personal property

of individuals, and the Legislature shall pass no laws exempting such property

from execution and sale.

Section 14. Consolidation of railroad lines -- Forfeiture of charter for evasion of

provisions.

No railroad corporation shall consolidate its stock, property or franchises

with any other railroad corporation owning a parallel or competing line; and in

no case shall any consolidation take place except upon public notice given out,

at least sixty days to all stockholders, in such manner as may be provided by

law. Any attempt to evade the provisions of this section, by any railroad

corporation, by lease or otherwise, shall work a forfeiture of its charter.

Section 15. Railways and rail companies declared public highways and common

carriers -- Regulation of rates.

Railways heretofore constructed or that may hereafter be constructed, in this

state are hereby declared public highways, and all railroad and transportation

companies are declared to be common carriers and subject to legislative control;

and the Legislature shall have power to enact laws regulating and controlling the

rates of charges for the transportation of passengers and freight as such common

carriers from one point to another in this state.

Section 16. Right to construct and operate railroad -- Passengers, tonnage and

cars.

Any association or corporation organized for the purpose shall have the

right to construct and operate a railroad between any points within this state, and

to connect at the state line with railroads of other states. Every railroad company

shall have the right with its road to intersect, connect with, or cross any other

railroad, and shall receive and transport each the other's passengers, tonnage and

cars, loaded or empty, without delay or discrimination.

Section 17. Rate discrimination prevention.

The Legislature shall pass laws to correct abuses and prevent discrimination

and extortion in the rates of freight and passenger tariffs on the different

railroads in this state, and enforce such laws by adequate penalties, to the extent,

if necessary for that purpose, of forfeiture of their property and franchises.

Section 18. Compensation for private property taken for public use -- Assessment

of damages.

Municipal and other corporations and individuals invested with the

privilege of taking private property for public use shall make just compensation

for property taken, injured or destroyed, by the construction or enlargement of

their works, highways or improvements, which compensation shall be paid or

secured before such taking, injury or destruction. The Legislature is hereby

prohibited from depriving any person of an appeal from any preliminary

assessment of damages against any such corporation or individuals made by

viewers or otherwise; and the amount of such damages in all cases of appeal

shall, on the demand of either party, be determined by a jury as in other civil

cases.

Section 19. "Corporations" defined.

The term "corporations," as used in this article, shall be construed to include

all joint stock companies or associations having any of the powers or privileges

of corporations not possessed by individuals or partnerships.

Section 20. Monopolies and trusts prohibited-- Combinations in restraint of trade

-- Legislative powers.

Monopolies and trusts shall never be allowed in this state and no

incorporated company, copartnership or association of persons in this state shall

directly or indirectly combine or make any contract with any incorporated

company, foreign or domestic, through their stockholders or the trustees or

assigns of such stockholders, or with any copartnership or association of

persons, or in any manner whatever to fix the prices, limit the production or

regulate the transportation of any product or commodity so as to prevent

competition in such prices, production or transportation or to establish excessive

prices therefor.

The Legislature shall pass laws for the enforcement of this section by

adequate penalties and in the case of incorporated companies, if necessary for

that purpose may, as a penalty, declare a forfeiture of their franchises.

Section 21. Corporate or syndicate farming prohibited -- Definitions --

Restrictions.

No corporation or syndicate may acquire, or otherwise obtain an interest,

whether legal, beneficial, or otherwise, in any real estate used for farming in this

state, or engage in farming. The term, corporation, means any corporation

organized under the laws of any state of the United States or any country. The

term, syndicate, includes any limited partnership, limited liability partnership,

business trust, or limited liability company organized under the laws of any state

of the United States or any country. A syndicate does not include general

partnerships, except general partnerships in which nonfamily farm syndicates or

nonfamily farm corporations are partners. The term, farming, means the

cultivation of land for the production of agricultural crops, fruit, or other

horticultural products, or the ownership, keeping, or feeding of animals for the

production of livestock or livestock products.

Section  22. Restrictions -- Application.

The restrictions in Section  21 of this Article do not apply to:

(1) A family farm corporation or syndicate. A family farm corporation or

syndicate is a corporation or syndicate engaged in farming or the ownership of

agricultural land, in which a majority of the partnership interests, shares, stock,

or other ownership interests are held by members of a family or a trust created

for the benefit of a member of that family. The term, family, means natural

persons related to one another within the fourth degree of kinship according to

civil law, or their spouses. At least one of the family members in a family farm

corporation or syndicate shall reside on or be actively engaged in the day-to-day

labor and management of the farm. Day-to-day labor and management shall

require both daily or routine substantial physical exertion and administration.

None of the corporation's or syndicate's partners, members, or stockholders may

be nonresident aliens, or other corporations or syndicates, unless all of the

stockholders, members, or partners of such entities are persons related within the

fourth degree of kinship to the majority of partners, members, or stockholders in

the family farm corporation or syndicate;

(2) Agricultural land acquired or leased, or livestock kept, fed or owned, by

a cooperative organized under the laws of any state, if a majority of the shares or

other interests of ownership in the cooperative are held by members in the

cooperative who are natural persons actively engaged in the day-to-day labor

and management of a farm, or family farm corporations or syndicates, and who

either acquire from the cooperative, through purchase or otherwise, such

livestock, or crops produced on such land, or deliver to the cooperative, through

sale or otherwise, crops to be used in the keeping or feeding of such livestock;

(3) Nonprofit corporations organized under state non-profit corporation law;

(4) Agricultural land, which, as of the approval date of this amendment, is

being farmed, or which is owned or leased, or in which there is a legal or

beneficial interest, directly or indirectly owned, acquired, or obtained by a

corporation or syndicate, if such land or other interest is held in continuous

ownership or under continuous lease by the same such corporation or syndicate.

For the purposes of this exemption, land purchased on a contract signed as of the

approval date of this amendment is considered as owned on that date;

(5) Livestock, which as of the approval date of this amendment, is owned

by a corporation or syndicate. For the purposes of this exemption, livestock to

be produced under contract for a corporation or syndicate are considered as

owned, if the contract is for the keeping or feeding of livestock and is signed as

of the approval date of this amendment, and if the contract remains in effect and

is not terminated by either party to the contract. This exemption does not extend

beyond the term of any contract signed as of the approval date of this

amendment;

(6) A farm operated for research or experimental purposes, if any

commercial sales from the farm are only incidental to the research or

experimental objectives of the corporation or syndicate;

(7) Land leases by alfalfa processors for the production of alfalfa;

(8) Agricultural land operated for the purpose of growing seed, nursery

plants, or sod;

(9) Mineral rights on agricultural land;

(10) Agricultural land acquired or leased by a corporation or syndicate for

immediate or potential nonfarming purposes, for a period of five years from the

date of purchase. A corporation or syndicate may hold such agricultural land in

such acreage as may be necessary to its nonfarm business operation, but pending

the development of the agricultural land for nonfarm purposes, such land may

not be used for farming except under lease to a family farm corporation or

family farm syndicate or a non syndicate or noncorporate farm;

(11) Agricultural lands or livestock acquired by a corporation or syndicate

by process of law in the collection of debts, or by any procedures for the

enforcement of a lien, encumbrance, or claim thereon, whether created by

mortgage or otherwise. Any lands so acquired shall be disposed of within a

period of five years and may not be used for farming before being disposed of,

except under a lease to a family farm corporation or syndicate, or a nonsyndicate

or noncorporate farm. Any livestock so acquired shall be disposed of within six

months;

(12) Agricultural lands held by a state or nationally chartered bank as

trustee for a person, corporation or syndicate that is otherwise exempt from the

provisions of sections 21 to 24, inclusive, of this Article;

(13) A bona fide encumbrance taken for purposes of security;

(14) Custom spraying, fertilizing, or harvesting;

(15) Livestock futures contracts, livestock purchased for slaughter within

two weeks of the purchase date, or livestock purchased and resold within two

weeks.

Section  23. Loss of qualification -- Requalification or dissolution.

If a family farm corporation or family farm syndicate that has qualified

under all the requirements of a family farm corporation or a family farm

syndicate ceases to meet the defined criteria, it has twenty years, if the

ownership of the majority of the stock of such corporation, or the majority of the

ownership interest of such syndicate, continues to be held by persons related to

one another within the fourth degree of kinship or their spouses, and their land

holdings are not increased, to either requalify as a family farm corporation or

family farm syndicate or dissolve and return to personal ownership.

Section  24. Annual report -- Violations -- Action and enforcement.

Any corporation or syndicate that owns agricultural land or engages in

farming is required to report information necessary for the enforcement of

sections 21 to 24, inclusive, of this Article to the Secretary of State on an annual

basis, under rules promulgated by the Secretary pursuant to state law. The

Secretary of State shall monitor such reports and notify the Attorney General of

any possible violations, and any resident of the state may also notify the

Attorney General of any possible violations. If a corporation or syndicate

violates any provision of sections 21 to 24, inclusive, of this Article, the

Attorney General shall commence an action in circuit court to enjoin any

pending illegal purchase of land or livestock, or to force divestiture of land or

livestock held in violation of sections 21 to 24, inclusive, of this Article. The

court shall order any land held in violation of sections 21 to 24 of this Article to

be divested within two years and any livestock to be divested within six months.

If land so ordered by the court has not been divested within two years, the court

shall declare the land escheated to the state. If the Attorney General fails to

bring an action in circuit court to enforce sections 21 to 24, inclusive, of this

Article, any resident of the state has standing in circuit court to sue for

enforcement.


Article 18

Banking and Currency

Section 1. General banking law -- Provisions required.

If a general banking law shall be enacted it shall provide for the registry and

countersigning by an officer of this state of all bills or paper credit designed to

circulate as money, and require security to the full amount thereof, to be

deposited with the state treasurer, in the approved securities of the state or of the

United States, to be rated at ten per centum below their par value, and in case of

their depreciation the deficiency shall be made good by depositing additional

securities.

Section 2. Bank to cease operations within twenty years of organization --

Reorganization.

Every bank, banking company or corporation shall be required to cease all

banking operations within twenty years from the time of its organization, and

promptly thereafter close its business, but shall have corporate capacity to sue or

be sued until its business is fully closed, but the Legislature may provide by

general law for the reorganization of such banks.

Section 3. Liability of banking corporation shareholders and stockholders --

Exemption under federal law.

The shareholders or stockholders of any banking corporation shall be held

individually responsible and liable for all contracts, debts and engagements of

such corporation to the extent of the amount of their stock therein, at the par

value thereof, in addition to the amount invested in such shares or stock and

such individual liability shall continue for one year after any transfer or sale of

stock by any stockholder or stockholders. Provided that if the shareholders and

stockholders of any national banking corporation shall be exempt from liability

by federal law then and in that event the liability upon shareholders and

stockholders of state banking corporations herein imposed shall not be operative

in the event that such state banking corporation has membership in the federal

deposit insurance corporation.


Article 19

Congressional and Legislative Apportionment

Section 1. Congressional representatives elected at large.

Until otherwise provided by law, the members of the house of

representatives of the United States, apportioned to this state, shall be elected by

the state at large.

Section 2. Senatorial and representative districts -- Apportionment.

Until otherwise provided by law, the senatorial and representative districts

shall be formed, and the senators and representatives shall be apportioned as

follows:

DISTRICTS

[Omitted -- See Chapter 2-2 for current provisions.]


Article 20

Seat of Government

Section 1. Temporary seat of government -- Vote.

The question of the location of the temporary seat of government shall be

submitted to a vote of the electors of the proposed state of South Dakota in same

manner and at the same election at which this Constitution shall be submitted,

and the place receiving the highest number of votes shall be the temporary seat

of government until a permanent seat of government shall be established as

hereinafter provided.

Section 2. Permanent seat of government -- Vote.

The Legislature at its first session after the admission of this state, shall

provide for the submission of the question of a place for a permanent seat of

government to the qualified voters of the state at the next general election

thereafter, and that place which receives a majority of all the votes cast upon

that question shall be the permanent seat of government.

Section 3. Election between two places with highest votes if majority vote not

received.

Should no place voted for at said election have a majority of all votes cast

upon this question, the Governor shall issue his proclamation for an election to

be held in the same manner at the next general election to choose between the

two places having received the highest number of votes cast at the first election

on this question. This election shall be conducted in the same manner as the first

election for the permanent seat of government, and the place receiving the

majority of all votes cast upon this question shall be the permanent seat of

government.


Article 21

Miscellaneous

Section 1. Seal and coat of arms.

The design of the great seal of South Dakota shall be as follows: A circle

within which shall appear in the left foreground a smelting furnace and other

features of mining work. In the left background a range of hills. In the right

foreground a farmer at his plow. In the right background a herd of cattle and a

field of corn. Between the two parts thus described shall appear a river bearing a

steamboat. Properly divided between the upper and lower edges of the circle

shall appear the legend, "Under God the People Rule" which shall be the motto

of the state of South Dakota. Exterior to this circle and within a circumscribed

circle shall appear, in the upper part, the words, "State of South Dakota," in the

lower part the words, "Great Seal," and the date in Arabic numerals of the year

in which the state shall be admitted to the union.

Section 2. Salary of constitutional officers.

The Legislature by two-thirds vote of each branch thereof at any regular

session may fix the salary of any or all constitutional officers including members

of the Legislature. In fixing any such salary the Legislature shall determine the

effective date thereof and may in its discretion decrease or increase the salary of

any officer during his term.

Section 3. Oath of office.

Every person elected or appointed to any office in this state, except such

inferior offices as may be by law exempted, shall, before entering upon the

duties thereof, take an oath or affirmation to support the Constitution of the

United States and of this state, and faithfully to discharge the duties of his office.

Section 4. Exemptions.

The right of the debtor to enjoy the comforts and necessaries of life shall be

recognized by wholesome laws exempting from forced sale a homestead, the

value of which shall be limited and defined by law, to all heads of families, and

a reasonable amount of personal property, the kind and value of which to be

fixed by general laws.

Section 5. Rights of married women.

The real and personal property of any woman in this state, acquired before

marriage, and all property to which she may after marriage become in any

manner rightfully entitled, shall be her separate property, and shall not be liable

for the debts of her husband.

Section 6. Drainage of agricultural lands.

The drainage of agricultural lands is hereby declared to be a public purpose

and the Legislature may provide therefor, and may provide for the organization

of drainage districts for the drainage of lands for any public use, and may vest

the corporate authorities thereof, and the corporate authorities of counties,

townships and municipalities, with power to construct levees, drains and ditches,

and to keep in repair all drains, ditches and levees heretofore constructed under

the laws of this state, by special assessments upon the property benefited

thereby, according to benefits received.

Section 7. Irrigation of agricultural lands.

The irrigation of agricultural lands is hereby declared to be a public purpose

and the Legislature may provide for the organization of irrigation districts for

the irrigation of land, and may vest the corporate authorities thereof and the

corporate authorities of counties, townships and municipalities with the power to

construct, operate and maintain irrigation dams, reservoirs, canals, flumes,

ditches and laterals, and to keep in repair all irrigation dams, reservoirs, canals,

flumes, ditches and laterals heretofore constructed, under the laws of the state,

by special assessments upon the property benefited thereby, according to the

benefits received.

Section 8. Hail insurance.

The providing of insurance against loss or damage to crops by hail is hereby

declared to be a public purpose, and the Legislature is authorized and

empowered to levy an assessment upon agricultural land for such purpose, with

such exemptions as may be provided by law. The state may be divided into hail

insurance districts and the assessment per acre in the different districts shall be

as the Legislature may determine, but such assessment shall be uniform upon all

land of the same district that is similarly situated. The assessment hereby

authorized may be levied by the Legislature direct, or by the corporate

authorities of the districts herein provided for, or by such other agency as may

be authorized by general law.


Article 22

Compact with the United States

The following article shall be irrevocable without the consent of the United

States and the people of the state of South Dakota expressed by their legislative

assembly:

First. That perfect toleration of religious sentiment shall be secured, and that

no inhabitant of this state shall ever be molested in person or property on

account of his or her mode of religious worship.

Second. That we, the people inhabiting the state of South Dakota, do agree

and declare that we forever disclaim all right and title to the unappropriated

public lands lying within the boundary of South Dakota, and to all lands lying

within said limits owned or held by any Indian or Indian tribes; and that until the

title thereto shall have been extinguished by the United States, the same shall be

and remain subject to the disposition of the United States; and said Indian lands

shall remain under the absolute jurisdiction and control of the Congress of the

United States; that the lands belonging to citizens of the United States residing

without the said state shall never be taxed at a higher rate than the lands

belonging to residents of this state; that no taxes shall be imposed by the state of

South Dakota on lands or property therein belonging to or which may hereafter

be purchased by the United States, or reserved for its use. But nothing herein

shall preclude the state of South Dakota from taxing as other lands are taxed any

lands owned or held by any Indian who has severed his tribal relation and has

obtained from the United States, or from any person a title thereto by patent or

other grant save and except such lands as have been or may be granted to any

Indian or Indians under any act of Congress containing a provision exempting

the lands thus granted from taxation. All such lands which may have been

exempted by any grant or law of the United States, shall remain exempt to the

extent, and as prescribed by such act of Congress.

Third. That the state of South Dakota shall assume and pay that portion of

the debts and liabilities of the territory of Dakota as provided in this

Constitution.

Fourth. That provision shall be made for the establishment and maintenance

of systems of public schools, which shall be open to all the children of this state,

and free from sectarian control.


Article 23

Amendments and Revisions

of the Constitution

Section 1. Amendments.

Amendments to this Constitution may be proposed by initiative or by a

majority vote of all members of each house of the Legislature. An amendment

proposed by initiative shall require a petition signed by qualified voters equal in

number to at least ten percent of the total votes cast for Governor in the last

gubernatorial election. The petition containing the text of the proposed

amendment and the names and addresses of its sponsors shall be filed at least

one year before the next general election at which the proposed amendment is

submitted to the voters. A proposed amendment may amend one or more articles

and related subject matter in other articles as necessary to accomplish the

objectives of the amendment.

Section 2. Revision.

A convention to revise this Constitution may be called by a three-fourths

vote of all the members of each house. The calling of a constitutional convention

may be initiated and submitted to the voters in the same manner as an

amendment. If a majority of the voters voting thereon approve the calling of a

convention, the Legislature shall provide for the holding thereof. Members of a

convention shall be elected on a nonpolitical ballot in the same districts and in

the same number as the house of representatives. Proposed amendments or

revisions approved by a majority of all the members of the convention shall be

submitted to the electorate at a special election in a manner to be determined by

the convention.

Section 3. Ratification.

Any constitutional amendment or revision must be submitted to the voters

and shall become a part of the Constitution only when approved by a majority of

the votes cast thereon. The Legislature may provide for the withdrawal by its

sponsors of an initiated amendment at any time prior to its submission to the

voters.


Article 24

Prohibition (Repealed)


Article 25

Minority Representation (Rejected)


Article 26

Schedule and Ordinance

Section 1. Continuation of prior writs, actions, claims, and bodies corporate --

Validation of previously issued process.

That no inconvenience may arise from the change of the territorial

government to the permanent state government, it is hereby declared that all

writs, actions, prosecutions, claims and rights of individuals, and all bodies

corporate, shall continue as if no change had taken place in this government; and

all process which may be before the organization of the judicial department,

under this Constitution, issued under the authority of the territory of Dakota,

within the boundary of this state, shall be as valid as if issued in the name of the

state of South Dakota.

Section 2. Fines, forfeitures and escheats of territory to accrue to state.

That all fines, penalties, forfeitures and escheats accruing to the territory of

Dakota, within the boundary of the state of South Dakota, shall accrue to the use

of said state.

Section 3. Recognizances, bonds, obligations and undertakings -- Criminal

prosecutions and penal actions.

That all recognizances, bonds, obligations or other undertakings, heretofore

taken, or which may be taken before the organization of the judicial department

under this Constitution, shall remain valid, and shall pass over to, and may be

prosecuted in the name of the state of South Dakota; and all bonds, obligations

or undertakings, executed to this territory, within the boundaries of the state of

South Dakota, or to any officer in his official capacity, shall pass over to the

proper state authority, and to their successors in office, for the uses therein

respectively expressed, and may be sued for and recovered accordingly.

All criminal prosecutions and penal actions, which have arisen, or which

may arise before the organization of the judicial department under this

Constitution, and which shall then be pending, may be prosecuted to judgment

and executed in the name of the state.

Section 4. Civil and military officers.

All officers, civil and military, now holding their offices and appointments

in this territory under the authority of the United States, or under the authority of

the territory of Dakota, shall continue to hold and exercise their respective

offices and appointments until superseded under this Constitution: provided, that

the provisions of the above sections shall be subject to the provisions of the act

of Congress providing for the admission of the state of South Dakota, approved

by the president of the United States on February 22, 1889.

Section 5. Election of Constitution and state officers -- Ballots.

This Constitution shall be submitted for adoption or rejection to a vote of

the electors qualified by the laws of this territory to vote at all elections, at the

election to be held on Tuesday, October 1, 1889.

At the said election the ballots shall be in the following form:

For the Constitution: Yes. No.

For prohibition: Yes. No.

For minority representation: Yes. No.

As a heading to each of said ballots shall be printed on each ballot the

following instructions to voters:

All persons desiring to vote for the Constitution, or for any of the articles

submitted to a separate vote, must erase the word "No."

All persons who desire to vote against the Constitution, or against any

article submitted separately, must erase the word "Yes."

Any person may have printed or written on his ballot only the words "for

the Constitution," or "against the Constitution," and such ballot shall be counted

for or against the Constitution accordingly. The same provision shall apply to

articles submitted separately.

In addition to the foregoing election for the Constitution and for the articles

submitted by this convention for a separate vote thereon, an election shall be

held at the same time and places, by the said qualified electors, for the following

state officers, to be voted for on the same ballot as above provided for votes on

the Constitution and separate articles, to wit:

A Governor, lieutenant governor, secretary of state, auditor, treasurer,

attorney general, superintendent of public instruction, commissioner of school

and public lands, judges of the Supreme, circuit and county Courts,

representatives in Congress, state senators, and representatives in the

Legislature.

All the elections above provided for shall be held in the same manner and

form as provided for the election for the adoption or rejection of the

Constitution. And the names of all the officers above specified to be voted for at

such election shall be written or printed upon the same ballots as the vote for or

against the Constitution.

The judges of election in counting the ballots voted at such election shall

count all the affirmative ballots upon the Constitution as votes for the

Constitution; and they shall count all the negative ballots voted at said election

upon the Constitution as votes against the Constitution; and ballots voted at said

election upon which neither of said words "yes" or "no" following the words

"for the Constitution" are erased, shall not be counted upon such proposition.

And they shall count all affirmative ballots so voted upon the article on

prohibition separately submitted, as votes for such article, and they shall count

all negative ballots so voted upon such article as votes against such article; and

ballots upon which neither the words "yes" or "no" following the words "for

prohibition" are erased, shall not be counted upon such proposition; and they

shall count all the affirmative ballots so voted upon the article on minority

representation, separately submitted, as votes for such article. And they shall

count all negative ballots so voted upon such article as votes against such article;

and ballots upon which neither of said words "yes" or "no" following the words

"for minority representation" are erased, shall not be counted upon such

proposition.

If it shall appear in accordance with the returns hereinafter provided for,

that a majority of the votes polled at such election, for and against the

Constitution, are for the Constitution, then this Constitution shall be the

Constitution of the state of South Dakota. If it shall appear, according to the

returns hereinafter provided for, that a majority of all votes cast at said election

for and against "prohibition" are for prohibition then said Article 14 shall be

and form a part of this Constitution, and be in full force and effect as such from

date of said election, but if a majority of said votes shall appear, according to

said returns to be against prohibition, then Article 24 shall be null and void

and shall not be a part of this Constitution. And if it appear, according to the

returns hereinafter provided for, that a majority of all votes cast at said election

for and against "minority representation" are for minority representation, then

Article 25 shall be and form a part of said Constitution, and be in full force

and effect as such from the date of said election; but if a majority of said votes

shall appear, according to said returns, to be against minority representation,

then said Article 25 shall be null and void and shall not be a part of this

Constitution.

At such election the person voted for, for any one of the offices to be filled

at such election, who shall receive the highest number of votes cast at said

election, shall be declared elected to said office.

Section 6. Election for temporary seat of government.

At the same time and places of election there shall be held by said qualified

electors an election for the place of the temporary seat of government.

On each ballot, and on the same ballot on which are the matters voted for or

against, as hereinbefore provided, shall be written or printed the words "for

temporary seat of government," (Here insert the name of the city, town or place,

to be voted for.)

And upon the canvass and return of the vote, made as hereinafter provided

for, the name of the city, town or place which shall have received the largest

number of votes for said temporary seat of government, shall be declared by the

Governor, chief justice and secretary of the territory of Dakota, or by any two of

them, at the same time that they shall canvass the vote for or against the

Constitution, together with the whole number of votes cast for each city, town or

place, and the officers above named, shall immediately after the result of said

election shall have been ascertained, issue a proclamation directing the

Legislature elected at said election to assemble at said city, town or place so

selected, on the day fixed by this schedule and ordinance.

Section 7. Conduct of election.

The election provided for herein shall be under the provisions of the

Constitution herewith submitted, and shall be conducted in all respects as

elections are conducted under the general laws of the territory of Dakota, except

as herein provided. No mere technicalities or informalities in the manner or form

of election, or neglect of any officer to perform his duty with regard thereto,

shall be deemed to vitiate or avoid the same, it being the true intent and object of

this ordinance to ascertain and give effect to the true will of the people of the

state of South Dakota, as expressed by their votes at the polls.

Section 8. Election returns.

Immediately after the election herein provided for, the judges of election at

each voting place shall make a true and complete count of all the votes duly cast

at such election, and shall certify and return the result of the same, with the

names of all the candidates and the number of votes cast for each candidate, and

the number of votes cast for and against the Constitution, and the number of

votes cast for and against prohibition, and the number of votes cast for and

against minority representation, and the number of votes cast for each city, town

or place for the "temporary seat of government," to the county clerk, or auditor

of the respective counties, together with one of the poll lists and election books

used in said election.

Section 9. Canvass of vote -- Filing with county clerks or auditors.

Within five days after said election the several boards of county canvassers

provided by law for the canvassing of the results of the election, shall make and

certify to the secretary of the territory of Dakota the true and correct return of

the total number of votes cast for the Constitution, and against the Constitution,

of the number of votes cast for and against "prohibition," and the number of

votes cast for and against "minority representation," and the number of votes

cast for each city, town or place as the "temporary seat of government," and of

the number of votes cast for each person voted for at such election, except

county officers and members of the Legislature, and shall transmit the same to

the secretary of the territory of Dakota, by mail, and shall file with the county

clerk or auditor of each of said counties a duplicate and certified copy of said

return.

Said board of county canvassers shall issue certificates of election to the

persons who shall have received the highest number of votes cast for the

respective offices of judge of the county court, and representatives in the

Legislature, and for state senator or senators.

Section 10. Certification of senator or representative from multi-county district.

When two or more counties are connected in one senatorial or

representative district, it shall be the duty of the clerks and auditors of the

respective counties to attend at the office of the county clerk of the senior county

in the date of organization within twenty days after the date of election, and they

shall compare the votes given in the several counties comprising such senatorial

and representative district and such clerks or auditors shall immediately make

out a certificate of election to the person having the highest number of votes in

such district for state senator or representative or both; which certificate shall be

delivered to the person entitled thereto on his application to the clerk of the

senior county of such district.

Section 11. Delivery of returns to proper state officer -- Certification to president

-- Proclamation of election result -- Lists of elected officers -- Certificates of

election.

The secretary of the territory shall receive all returns of election transmitted

to him as above provided, and shall preserve the same, and after they have been

canvassed as hereinafter provided, and after the admission of the state of South

Dakota into the union, he shall deliver said returns to the proper state officer of

said state of South Dakota.

Within fifteen days after said election the secretary of the territory, with the

Governor and chief justice thereof, or any two of them, shall canvass such

returns and certify the same to the president of the United States, as provided in

the Enabling Act.

They shall also ascertain the total number of votes cast at such election for

the Constitution and against the Constitution; the total number of votes cast for

and against prohibition; and the total number of votes cast for and against

minority representation; and the total number of votes cast for each city, town or

place as the "temporary seat of government"; and the total number of votes cast

for each person voted for, for any office at said election, excepting county

judges and members of the Legislature, and shall declare the result of said

election in conformity with such vote, and the Governor of the territory shall

thereupon issue a proclamation at once thereof.

They shall also make and transmit to the state Legislature, immediately

upon its organization, a list of all the state and judicial officers who shall thus be

ascertained to be duly elected.

The various county and district canvassing boards shall make and transmit

to the secretary of the territory the names of all persons declared by them to be

elected members of the senate and house of representatives of the state of South

Dakota; he shall make separate lists of the senators and representatives so

elected, which list shall constitute the rolls under which the senate and house of

representatives shall be organized.

The Governor of the territory shall make and issue certificates of election to

the persons who are shown by the canvass to have received the highest number

of votes for Governor, lieutenant governor, secretary of state, auditor, treasurer,

attorney general, superintendent of public instruction, commissioner of school

and public lands and judges of the Supreme and circuit Courts. Such certificates

to be attested by the secretary of the territory.

Section 12. Apportionment of state Legislature -- Number of senators and

representatives initially elected.

The apportionment made in this Constitution shall govern the elections

above provided for members of the state Legislature, until otherwise provided

by law.

At the first election held under this ordinance for senators and

representatives of the Legislature, there shall be elected forty-five senators and

one hundred and twenty-four representatives in the state Legislature

respectively.

Section 13. First assembly of Legislature -- Oaths of office.

The Legislature elected under the provisions of this ordinance and

Constitution shall assemble at the temporary seat of government on the third

Tuesday in October, in the year A. D. 1889, at 12 o'clock noon, and on the first

day of their assemblage the Governor and other state officers shall take the oath

of office in the presence of the Legislature. The oath of office shall be

administered to the members of the Legislature and to the state officers by the

chief justice of the territory, or by any other officer duly authorized by the laws

of the territory of Dakota to administer oaths.

Section 14. Election of two United States senators -- Two representatives.

Immediately after the organization of the Legislature and taking the oath of

office by the state officers, the Legislature shall then and there proceed to the

election of two senators of the United States for the state of South Dakota, in the

mode and manner provided by the laws of Congress for the election of United

States senators. And the Governor and the secretary of the state of South Dakota

shall certify the election of the said senators and two representatives in

Congress, in the manner required by law.

Section 15. Adjournment after election of senators -- Next meeting.

Immediately after the election of the United States senators as above

provided for, said Legislature shall adjourn to meet at the temporary seat of

government on the first Tuesday after the first Monday of January, 1890, at 12

o'clock m.; provided, however, that if the state of South Dakota has not been

admitted by proclamation or otherwise at said date, then said Legislature shall

convene within ten days after the date of the admission of the state into the

union.

Section 16. Legislature and officers to exercise necessary and authorized powers

only pending admission of state into union.

Nothing in this Constitution or schedule contained shall be construed to

authorize the Legislature to exercise any powers except such as are necessary to

its first organization, and to elect United States senators, and to adjourn as above

provided. Nor to authorize any officer of the executive, administrative or

judiciary departments to exercise any duties of his office until the state of South

Dakota shall have been regularly admitted into the union, excepting such as may

be authorized by the Congress of the United States.

Section 17. Validity of ordinances and schedule.

The ordinances and schedule enacted by this convention shall be held to be

valid for all the purposes thereof.

Section 18. Freedom of religion -- Public lands -- Indian lands -- Uniformity of

taxation -- Territorial debt -- Public schools -- Federal reservations --

Irrevocability.

That we, the people of the state of South Dakota, do ordain:

First. That perfect toleration of religious sentiment shall be secured, and that

no inhabitant of this state shall ever be molested in person or property on

account of his or her mode of religious worship.

Second. That we, the people inhabiting the state of South Dakota, do agree

and declare, that we forever disclaim all right and title to the unappropriated

public lands lying within the boundaries of South Dakota; and to all lands lying

within said limits owned or held by any Indian or Indian tribes, and that until the

title thereto shall have been extinguished by the United States the same shall be

and remain subject to the disposition of the United States, and said Indian lands

shall remain under the absolute jurisdiction and control of the Congress of the

United States; that the lands belonging to citizens of the United States residing

without the said state, shall never be taxed at a higher rate than the lands

belonging to residents of this state. That no taxes shall be imposed by the state

of South Dakota on lands or property therein belonging to or which may

hereafter be purchased by the United States, or reserved for its use. But nothing

herein shall preclude the state of South Dakota from taxing as other lands are

taxed any lands owned or held by any Indian who has severed his tribal relation

and has obtained from the United States, or from any person a title thereto by

patent or other grant save and except such lands _as have been, or may be

granted to any Indian or Indians under any act of Congress containing a

provision exempting the lands thus granted from taxation, all such lands which

may have been exempted by any grant or law of the United States, shall remain

exempt to the extent, and as prescribed by such act of Congress.

Third. That the state of South Dakota shall assume and pay that portion of

the debts and liabilities of the territory of Dakota as provided in this

Constitution.

Fourth. That provision shall be made for the establishment and maintenance

of systems of public schools, which shall be open to all the children of this state,

and free from sectarian control.

Fifth. That jurisdiction is ceded to the United States over the military

reservations of Fort Meade, Fort Randall and Fort Sully, heretofore declared by

the president of the United States: provided legal process, civil and criminal, of

this state shall extend over such reservations, in all cases of which exclusive

jurisdiction is not vested in the United States, or of crimes not committed within

the limits of such reservations.

These ordinances shall be irrevocable without the consent of the United

States, and also the people of the said state of South Dakota, expressed by their

legislative assembly.

Section 19. Tenure of elected officers.

The tenure of all officers, whose election is provided for in this schedule, on

the first day of October, A. D. 1889, shall be as follows:

The Governor, lieutenant governor, secretary of state, auditor, treasurer,

attorney general, superintendent of public instruction, commissioner of school

and public lands, judges of county courts, shall hold their respective offices until

the first Tuesday, after the first Monday, in January, A. D. 1891, at twelve

o'clock m., and until their successors are elected and qualified.

The judges of the Supreme Court and circuit courts shall hold their offices

until the first Tuesday, after the first Monday, in January, A. D. 1894, at twelve

o'clock m., and until their successors are elected and qualified; subject to the

provisions of Section  26 of Article 5 of the Constitution.

The terms of office of the members of the Legislature, elected at the first

election held under the provisions of this Constitution, shall expire on the first

Tuesday, after the first Monday, in January, 1891.

Section 20. Time of general election.

That the first general election under the provisions of this Constitution shall

be held on the first Tuesday, after the first Monday, in November, 1890, and

every two years thereafter.

Section 21. Form of ballot.

The following form of ballot is adopted:


Constitutional Ticket

INSTRUCTIONS TO VOTERS

All persons desiring to vote for the Constitution, or for any of the articles

submitted to a separate vote, may erase the word "No."

All persons who desire to vote against the Constitution, or any articles

separately submitted may erase the word "Yes."

For the Constitution: Yes. No.

For Prohibition: Yes. No.

For Minority Representation: Yes. No.

For ____ as the temporary seat of government.

For Governor.

______________________________________________________

For Lieutenant Governor.

______________________________________________________

For Secretary of State.

______________________________________________________

For Auditor.

______________________________________________________

For Treasurer.

______________________________________________________

For Attorney General.

______________________________________________________

For Superintendent of Public Instruction.

______________________________________________________

For Commissioner of School and Public Lands.

______________________________________________________

For Judges of the Supreme Court.

First District___________________________________________

Second District_________________________________________

Third District__________________________________________

For Judge of the Circuit Court ____ Circuit.

For Representatives in Congress.

______________________________________________________

For State Senator.

______________________________________________________

For Representative in the Legislature.

______________________________________________________

For County Judge.


Section 22. Enrollment of Constitution -- Delivery to secretary of state -- Inclusion

in state laws -- Copy to president of United States.

This Constitution shall be enrolled and after adoption and signing by the

convention shall be delivered to Hon. A. J. Edgerton, the president of the

constitutional convention, for safekeeping, and by him to be delivered to the

secretary of state as soon as he assumes the duties of his office, and printed

copies thereof shall be prefixed to the books containing the laws of the state and

all future editions thereof.

The president of this convention shall also supervise the making of the copy

that must be sent to the president of the United States; said copy is to be certified

by the president and chief clerk of this convention.

Section 23. Agreement by joint commission concerning territorial records, books,

and archives.

The agreement made by the joint commission of the constitutional

conventions of North and South Dakota concerning the records, books, and

archives of the territory of Dakota is hereby ratified and confirmed, which

agreement is in the words following: That is to say:

The following books, records and archives of the territory of Dakota shall

be the property of North Dakota, to wit:

All records, books and archives in the offices of the Governor and secretary

of the territory (except records of articles of incorporation of domestic

corporations, returns of election of delegates to the constitutional convention of

1889, for South Dakota, returns of elections held under the so-called local option

law in counties within the limits of South Dakota, bonds of notaries public

appointed for counties within the limits of South Dakota, papers relating to the

organization of counties situate within the limits of South Dakota, all of which

records and archives are a part of the records and archives of said secretary's

office; excepting also census returns from counties situate within the limits of

South Dakota and papers relating to requisitions issued upon the application of

officers of counties situate within the limits of South Dakota, all which are part

of the records and archives of said Governor's office.)

And the following records, books and archives shall also be the property of

the state of North Dakota, to wit:

Vouchers in the office or in the custody of the auditor of this territory

relating to expenditures on account of public institutions, grounds or buildings

situate within the limits of North Dakota; one warrant register in the office of the

treasurer of this territory, being a record of warrants issued under and by virtue

of chapter twenty-four of the laws enacted by the eighteenth legislative

assembly of Dakota territory; all letters, receipts and vouchers in the same office

now filed by counties and pertaining to counties within the limits of North

Dakota; paid and canceled coupons in the same office representing interest on

bonds which said state of North Dakota is to assume and pay; reports of gross

earnings of the year 1888 in the same office, made by corporations operating

lines of railroad situated wholly or mainly within the limits of North Dakota;

records and papers of the office of the public examiner of the second district of

the territory; records and papers of the office of the second district board of

agriculture; records and papers in the office of the board of pharmacy of the

district of North Dakota.

All records, books and archives of the territory of Dakota which it is not

herein agreed shall be the property of North Dakota, shall be the property of

South Dakota.

The following books shall be copied and the copies shall be the property of

North Dakota, and the cost of such copies shall be borne equally by the said

states of North Dakota and South Dakota. That is to say:

Appropriation ledger for the years ending November, 1889 and 1890 -- one

volume.

The current warrant auditor's register -- one volume.

Insurance record for 1889 -- one volume.

Treasurer's cash book "D."

Assessment ledger "B."

Dakota territory bond register -- one volume.

Treasurer's current ledger -- one volume.

The originals of the foregoing volumes which are to be copied, shall at any

time after such copying shall have been completed, be delivered on demand to

the proper authorities of the state of South Dakota.

All other records, books and archives which it is hereby agreed shall be the

property of South Dakota shall remain at the capital of North Dakota until

demanded by the Legislature of the state of South Dakota, and until the state of

North Dakota shall have had a reasonable time after such demand is made to

provide copies or abstracts or such portions thereof as the said state of North

Dakota may desire to have copies or abstracts of.

The state of South Dakota may also provide copies or abstracts of such

records, books and archives which is agreed shall be the property of North

Dakota as said state of South Dakota shall desire to have copies or abstracts of.

The expense of all copies or abstracts of records, books and archives which

it is herein agreed may be made, shall be borne equally by said two states.


Article 27

State Control of Manufacture

and Sale of Liquor (Repealed)


Article 28

County Investment of

Permanent School and Investment Funds

Section 1. School and governmental bonds -- Farm loans.

The several counties of the state shall invest the moneys of the permanent

school and endowment funds in bonds of school corporations, state, county and

municipal bonds or in first mortgages upon good improved farm lands within

their limits respectively, under such regulations as the Legislature may provide,

but no farm loan shall exceed one thousand dollars to any one person, firm or

corporation.


Article 29

State Elevators, Warehouses,

Flouring Mills, and Packing Houses

Section 1. Provision for elevators and warehouses -- Marketing of agricultural

products -- Flouring mills and packing houses.

The Legislature may provide by law and appropriate money for the

purchase or construction and operation of elevators and warehouses, within or

without the state, for the marketing of agricultural products; and provided,

further, that the Legislature may provide by law and appropriate money to buy

or construct and operate flouring mills and packing houses within the state, if, in

the future, and in the judgment of the Legislature, the public necessities may so

require.


00:00:00































00:01:56






























00:03:52





















00:05:48


























00:07:44























00:09:40



























00:11:36



























00:13:32





























00:15:28


















00:17:24

























00:19:20


























00:21:16
























00:23:12




























00:25:08



























00:27:04

























00:29:00


























00:30:56
























00:32:52






























00:34:48



























00:36:44



























00:38:40

























00:40:36






























00:42:32

























00:44:28



























00:46:24
























00:48:20


























00:50:16































00:52:12




























00:54:08

























00:56:04













03:01:44













00:58:00

















































01:01:52



























01:03:48

























01:05:44
























01:07:40




























01:09:36





























01:11:32

























01:13:28























01:15:24

























01:17:20























01:19:16


























01:21:12
























01:23:08























01:25:04


























01:27:00
























01:28:56













01:30:52

































01:32:48






















01:34:44

























01:36:40























01:38:36























01:40:32





















01:42:28























01:44:24




















01:46:20





























01:48:16























01:50:12
























01:52:08


























01:54:04























01:56:00































01:57:56



























01:59:52





























02:01:48






























02:03:44

























02:05:40
























02:07:36

























02:09:32

























02:11:28

























02:13:24






















02:15:20























02:17:16























02:19:12
























02:21:08























02:23:04



























02:25:00
































02:26:56






























02:28:52



























02:30:48

























02:32:44



























02:34:40































02:36:36

































02:38:32























02:40:28




























02:24:42














02:44:20

































02:46:16


























02:48:12
























02:50:08

























02:52:04


























02:54:00



























02:55:56

























02:57:52













02:34:40











02:59:48













































































03:03:40
























03:05:36














03:07:32












































03:09:28























































































































































































This is the constitution for the State of South Dakota