Constitution of the State of South Dakota: October 1, 1889 (as Amended to November 8, 2022) (South Dakota)
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- Preamble
- Main Text
- Art.I Name and Boundary
- Art.II Division of the Powers of Government
- Art.III Legislative Department
- §.1 Legislative power—Initiative and referendum.
- §.2 Number of legislators—Regular sessions.
- §.3 Qualifications for legislative office—Officers ineligible.
- §.4 Disqualification for conviction of crime—Defaults on public money.
- §.5 Legislative reapportionment.
- §.6 Legislative terms of office—Compensation—Regular sessions.
- §.7 Convening of annual sessions.
- §.8 Oath required of legislators and officers—Forfeiture of office for false swearing.
- §.9 Each house as judge of qualifications—Quorum—Rules of proceedings—Officers and employees.
- §.10 Filling legislative vacancies.
- §.11 Legislators’ privilege from arrest—Freedom of debate.
- §.12 Legislators ineligible for other office—Contracts with state or county.
- §.13 Legislative journals—Recording of yeas and nays.
- §.14 Elections viva voce.
- §.15 Open legislative sessions—Exception.
- §.16 Adjournment of legislative houses.
- §.17 Reading of bills.
- §.19 Signing of bills and resolutions.
- §.20 Origin of bills—Amendment in other house.
- §.21 One subject expressed in title.
- §.22 Effective date of acts—Emergency clause.
- §.23 Private and special laws prohibited.
- §.24 Release of debt to state or municipality.
- §.25 Games of chance prohibited—Exceptions.
- §.25 Games of chance prohibited—Exceptions.
- §.26 Municipal powers denied to private organizations.
- §.27 Suits against the state.
- §.28 Bribery and corrupt solicitation of officers—Compelling testimony—Immunity from prosecution.
- §.29 Legislative powers in emergency from enemy attack.
- §.30 Power of committee of Legislature to suspend administrative rules and regulations.
- §.31 Convening of special sessions upon petition.
- Art.IV Executive Department
- Art.V Judicial Department
- Law Review
- §.1 Judicial powers.
- §.2 Supreme Court.
- §.3 Circuit courts.
- §.4 Courts of limited jurisdiction.
- §.5 Jurisdiction of courts.
- §.6 Qualifications of judicial personnel.
- §.7 Judicial selection.
- §.8 Selection of the chief justice.
- §.9 Qualifications commission.
- §.10 Restrictions.
- §.11 Administration.
- §.12 Rule-making power.
- §.13 Transition.
- §.14 Superseded.
- Law Review
- Art.VI Bill of Right
- §.1 Inherent rights.
- §.2 Due process—Right to work.
- §.3 Freedom of religion—Support of religion prohibited.
- §.4 Right of petition and peaceable assembly.
- §.5 Freedom of speech—Truth as defense—Jury trial.
- §.6 Jury trial—Reduced jury—Three-fourths vote.
- §.7 Rights of accused.
- §.8 Right to bail—Habeas corpus.
- §.9 Self-incrimination—Double jeopardy.
- §.10 Indictment or information—Modification or abolishment of grand jury.
- §.11 Search and seizure.
- §.12 Ex post facto laws—Impairment of contract obligations— Privilege or immunity.
- §.13 Private property not taken without just compensation— Benefit to owner—Fee in highways.
- §.14 Resident aliens’ property rights.
- §.15 Imprisonment for debt.
- §.16 Military subordinate to civil power—Quartering of soldiers.
- §.17 Taxation without consent—Uniformity.
- §.18 Equal privileges or immunities.
- §.19 Free and equal elections—Right of suffrage—Soldier voting.
- §.20 Courts open—Remedy for injury.
- §.21 Suspension of laws prohibited.
- §.22 Attainder by Legislature prohibited.
- §.23 Excessive bail or fines—Cruel punishments.
- §.24 Right to bear arms.
- §.25 Treason.
- §.26 Power inherent in people—Alteration in form of government— Inseparable part of Union.
- §.27 Maintenance of free government—Fundamental principles.
- §.28 Right to a secret ballot.
- §.29 Rights of a crime victim.
- Art.VII Elections and Right of Suffrage
- Art.VIII Education and School Lands
- §.1 Uniform system of free public schools.
- §.2 Perpetual trust fund for maintenance of public schools— Principal inviolate.
- §.3 Fund income apportioned among schools—Apportionment of fines.
- §.4 Sale of school lands—Appraisal.
- §.5 Terms of sale of school lands.
- §.6 Conduct of sales of school lands—Conveyance of right or title.
- §.7 Perpetual trust fund from proceeds of grants and gifts.
- §.8 Appraisal and sale of donated lands—Separate accounts.
- §.9 Lease of school lands.
- §.10 Trespassers’ claims to public lands not recognized—Improvements not compensated.
- §.11 Investment of permanent educational funds.
- §.12 Disapproval by Governor of sale, lease or investment.
- §.13 Audit of losses to permanent educational funds—Permanent debt—Interest.
- §.14 Protection and defense of school lands.
- §.15 Taxation to support school system—Classification of property.
- §.16 Public support of sectarian instruction prohibited.
- §.17 Interest in sale of school equipment prohibited.
- §.18 Apportionment of mineral leasing moneys—Amounts covered into permanent funds.
- §.19 Mineral rights reserved to state—Leases permitted.
- §.20 Loan of nonsectarian textbooks to all school children.
- Art.IX Local Government
- Art.X Municipal Corporations
- Art.XI Revenue and Finance
- §.1 Annual tax.
- §.2 Classification of property for taxation—Income.
- §.3 Corporate tax power of state not suspended.
- §.4 Banks and bankers taxed.
- §.5 Public property exempt from taxation—Exceptions.
- §.6 Property exempt from taxation—Personal property.
- §.7 Other exemption laws void.
- §.8 Object of tax to be stated—Use of vehicle and fuel taxes.
- §.9 Taxes paid into treasury—Appropriations required for expenditure.
- §.10 Special assessments for local improvements—Taxes for municipal purposes.
- §.11 Unauthorized use of public money as felony.
- §.12 Annual statement of receipts and expenditures.
- §.13 Vote required to increase certain tax rates or valuations.
- §.14 Vote required to impose or increase taxes.
- §.15 Inheritance tax prohibited.
- Art.XII Public Accounts and Expenditures
- §.1 Appropriation and warrant required for payment from treasury.
- §.2 Contents of general appropriation bill—Separate appropriation bills.
- §.3 Extra compensation prohibited—Unauthorized contracts—Change in compensation of officers—Appropriations for defense of state.
- §.4 Annual statement required.
- §.5 Health care trust fund established—Investment—Appropriations.
- §.6 Education enhancement trust fund established— Investment—Appropriations.
- §.7 Balanced budget.
- Art.XIII Public Indebtedness
- §.1 State enterprises—Legislative vote required—Defense of state— Rural credits—Maximum indebtedness.
- §.2 Maximum state debt—Irrepealable tax to repay.
- §.3 State debt as in addition to territorial debt.
- §.4 Debt limitations for municipalities and political subdivisions.
- §.5 Irrepealable tax to repay debt of municipality or political subdivision.
- §.6 Adjustment of debts and liabilities of territory of Dakota.
- §.7 Obligation of state to pay proportion of territorial debt.
- §.8 Refunding bond issue authorized for territorial debt payment.
- §.9 Road construction and coal supply by state.
- §.10 State cement enterprises.
- §.11 State pledge to fund cement enterprises.
- §.12 State electric power enterprises.
- §.13 State pledge to fund electric power enterprises.
- §.14 State coal mining enterprises.
- §.15 State pledge to fund coal enterprises.
- §.16 Works of internal improvement—State indebtedness.
- §.17 Home loans by state—Debt limitation inapplicable.
- §.18 Compensation of military and war relief personnel— Maximum indebtedness.
- §.19 Bonus paid to veterans and deceased veterans’ dependents.
- §.20 Trust fund created with proceeds from sale of state cement enterprise Investment.
- §.21 Transfer from trust fund to general fund in support of education.
- Art.XIV State Institutions
- Art.XV Militia
- Art.XVI Impeachment and Removal from Office
- §.1 Power of impeachment in house—Majority required.
- §.2 Trial of impeachments—Presiding officer.
- §.3 Officers subject to impeachment—Grounds—Removal from office—Criminal prosecution.
- §.4 Removals of officers not subject to impeachment.
- §.5 Suspension of duties between impeachment and acquittal.
- §.6 Lieutenant governor not to try Governor.
- §.7 Service of copy of impeachment before trial required.
- §.8 Impeachment twice for same offense prohibited.
- Art.XVII Corporations
- §.1 Special corporation laws prohibited—State-controlled corporations excepted.
- §.2 Invalidation of charters without bona fide organization and business.
- §.3 Laws for benefit of corporation as conditioned on compliance with Constitutional provision.
- §.4 Corporations subject to eminent domain—Police power.
- §.5 Casting of votes for directors or managers.
- §.6 Place of business and authorized agent required of foreign corporation.
- §.7 Business to be expressed in charter—Real estate restricted.
- §.8 Stocks and bonds—Indebtedness increase.
- §.9 Legislature’s power to alter, revise, or annul corporate charters— Creation, renewal, or extension.
- §.10 Local consent required for grant of street railroad right.
- §.11 Construction and maintenance of telegraph lines—Controlling interest in competing company prohibited.
- §.12 Railroad corporations.
- §.13 Movable property of railroad corporation considered personalty—Execution and sale.
- §.14 Consolidation of railroad lines—Forfeiture of charter for evasion of provisions.
- §.15 Railways and rail companies declared public highways and common carriers—Regulation of rates.
- §.16 Right to construct and operate railroad—Passengers, tonnage and cars.
- §.17 Rate discrimination prevention.
- §.18 Compensation for private property taken for public use— Assessment of damages.
- §.19 “Corporations” defined.
- §.20 Monopolies and trusts prohibited—Combinations in restraint of trade—Legislative powers.
- §.21 Corporate or syndicate farming prohibited—Definitions—Restrictions
- §.22 Restrictions—Applications
- §.23 Loss of qualification—Requalification or dissolution.
- §.24 Annual report—Violations.
- Art.XVIII Banking and Currency
- Art.XIX Congressional and Legislative Apportionment
- Art.XX Seat of Government
- Art.XXI Miscellaneous
- Art.XXII Compact with the United States
- Art.XXIII Amendments and Revisions of the Constitution
- Art.XXIV Prohibition [repealed]
- Art.XXV Minority Representation [Rejected]
- Art.XXVI Schedule and Ordinance
- §.1 Continuation of prior writs, actions, claims, and bodies corporate—Validation of previously issued process.
- §.2 Fines, forfeitures and escheats of territory to accrue to state.
- §.3 Recognizances, bonds, obligations and undertakings—Criminal prosecutions and penal actions.
- §.4 Civil and military officers.
- §.5 Election of Constitution and state officers—Ballots.
- §.6 Election for temporary seat of government.
- §.7 Conduct of election.
- §.8 Election returns.
- §.9 Canvass of vote—Filing with county clerks or auditors.
- §.10 Certification of senator or representative from multi-county district.
- §.11 Delivery of returns to proper state officer—Certification to president—Proclamation of election result—Lists of elected officers—Certificates of election.
- §.12 Apportionment of state Legislature—Number of senators and representatives initially elected.
- §.13 First assembly of Legislature—Oaths of office.
- §.14 Election of two United States senators—Two representatives.
- §.15 Adjournment after election of senators—Next meeting.
- §.16 Legislature and officers to exercise necessary and authorized powers only pending admission of state into union.
- §.17 Validity of ordinances and schedule.
- §.18 Freedom of religion—Public lands—Indian lands—Uniformity of taxation—Territorial debt—Public schools—Federal reservations—Irrevocability.
- §.19 Tenure of elected officers.
- §.20 Time of general election.
- §.21 Form of ballot.
- §.22 Enrollment of Constitution—Delivery to secretary of state—Inclusion in state laws—Copy to president of United States.
- §.23 Agreement by joint commission concerning territorial records, books, and archives.
- Art.XXVII State Control of Manufacture and Sale of Liquor [Repealed]
- Art.XXVIII County Investment of Permanent School and Endowment Funds
- Art.XXIX State Elevators, Warehouses, Flouring Mills, and Packing Houses
- Art.XXX Marijuana and Hemp
- §.1 [Effective July 1, 2021] Definitions.
- §.2 [Effective July 1, 2021] Laws not limited or affected by this article.
- §.3 [Effective July 1, 2021] Employment—Public and private property.
- §.4 [Effective July 1, 2021] Acts that are not unlawful.
- §.5 [Effective July 1, 2021] Civil penalties.
- §.6 [Effective July 1, 2021] Power and duties of department.
- §.7 [Effective July 1, 2021] Promulgation of rules.
- §.8 [Effective July 1, 2021] Number of licenses.
- §.9 [Effective July 1, 2021] Conduct permitted by license—Contracts—Professional services.
- §.10 [Effective July 1, 2021] Local ordinances.
- §.11 [Effective July 1, 2021] Excise tax—Use of revenue.
- §.12 [Effective July 1, 2021] Compliance with administrative procedures act—Mandamus.
- §.13 [Effective July 1, 2021] Annual report.
- §.14 [Effective July 1, 2021] Marijuana for medical use—Hemp.
- §.15 [Effective July 1, 2021] Construction of article—Severability.
- [3.81.25.170]
- 3.81.25.170
