Article IV, South Dakota Constitution

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South Dakota Constitution
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Articles
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Article IV of the South Dakota Constitution is entitled Executive Department and consists of 13 sections.

Section 1

Text of Section 1:

Executive Power

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

History: 1889 Const., art. IV, § 1; amendment proposed by SL 1970, ch 2, rejected Nov. 3, 1970; amendment proposed by SL 1972, ch 1, approved Nov. 7, 1972.[1]

Section 2

Text of 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.

History: 1889 Const., Art. IV, §§ 1 to 3; amendment of § 3 proposed by SL 1961, ch 296, approved Nov. 6, 1962; amendment of §§ 1 and 3 proposed by SL 1970, ch 2, rejected Nov. 3, 1970; amendment proposed by SL 1972, ch 1, approved Nov. 7, 1972; amendment proposed by SL 1998, ch 1, §§ 1 and 3, approved Nov. 3, 1998.[2]

Section 3

Text of 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.

History: 1889 Const., art. IV, §§ 4, 5, 8; amendment of § 5 proposed by SL 1951, ch 294, rejected Nov., 1952; amendment of § 5 proposed by SL 1959, ch 316, approved Nov. 8, 1960; amendment proposed by SL 1972, ch 1, approved Nov. 7, 1972.[3]

Section 4

Text of 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.

History: 1889 Const., art. IV, §§ 9, 10; amendment proposed by SL 1972, ch 1, approved Nov. 7, 1972; amendment proposed by SL 2002, ch 2, §§ 1 and 2, approved Nov. 5, 2002.[4]

Section 5

Text of 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.

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

Section 6

Text of 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.

History: 1889 Const., art. IV, §§ 6, 7; amendment of § 7 proposed by SL 1957, ch 302, approved Nov., 1958; amendment proposed by SL 1972, ch 1, approved Nov. 7, 1972.[6]

Section 7

Text of Section 7:

Other Executive Officers--Powers and Duties

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.

History: 1889 Const., art. IV, § 12; amendment proposed by SL 1935, ch 137, approved Nov., 1936; amendment proposed by SL 1968, ch 226, rejected Nov. 5, 1968; amendment proposed by SL 1970, ch 2, rejected Nov. 3, 1970; amendment proposed by SL 1972, ch 1, approved Nov. 7, 1972; amendment proposed by SL 1984, ch 1, rejected Nov. 6, 1984; initiated amendment, approved November 3, 1992.[7]

Section 8

Text of 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.

History: Section proposed by SL 1972, ch 1, approved Nov. 7, 1972; amendment proposed by SL 1984, ch 1, rejected Nov. 6, 1984.[8]

Section 9

Text of 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.

History: Section proposed by SL 1972, ch 1, approved Nov. 7, 1972.[9]

Section 10-13

Text of Section 10-13:

Superseded

References

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