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Article XXI, South Dakota Constitution

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South Dakota Constitution
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Articles
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Article XXI of the South Dakota Constitution is entitled Miscellaneous and consists of nine sections.

Section 1

Text of 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

Text of 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.

History: Amendment proposed by SL 1915, ch 230, rejected Nov., 1916; amendment proposed by SL 1917, ch 166, rejected Nov., 1918; amendment proposed by SL 1919, ch 139, rejected Nov., 1920; amendment proposed by SL 1921, ch 149, rejected Nov., 1922; amendment proposed by SL 1925, ch 116, rejected Nov., 1926; amendment proposed by SL 1929, ch 87, rejected Nov., 1930; amendment proposed by SL 1931, ch 101, rejected Nov., 1932; amendment proposed by SL 1941, ch 318, rejected Nov., 1942; amendment proposed by SL 1945, ch 314, approved Nov., 1946; repeal proposed by SL 1974, ch 1, rejected Nov. 5, 1974.

Section 3

Text of 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.

History: Repeal proposed by SL 1974, ch 1, rejected Nov. 5, 1974.

Section 4

Text of 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.

History: Amendment proposed by SL 1893, ch 39, rejected Nov., 1894; repeal proposed by SL 1975, ch 3, rejected Nov. 2, 1976.

Section 5

Text of 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.

History: Repeal proposed by SL 1975, ch 3, rejected Nov. 2, 1976.

Section 6

Text of Section 6:

Drainage of Agricultural Lands

The drainage of agricultural lands is hereby declared to be a public purpose and the Legislature may provide therefore, 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.

History: Section proposed by SL 1905, ch 70, adopted Nov., 1906.

Section 7

Text of 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.

History: Section proposed by SL 1913, ch 136, rejected Nov., 1914; section proposed by SL 1915, ch 229, adopted Nov., 1916.

Section 8

Text of 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.

History: Section proposed by SL 1917, ch 167, adopted Nov., 1918.

Section 9

Text of Section 9:

Marriage

Only marriage between a man and a woman shall be valid or recognized in South Dakota. The uniting of two or more persons in a civil union, domestic partnership, or other quasi-marital relationship shall not be valid or recognized in South Dakota.

History: Amendment proposed by SL 2005, ch 1, § 2, approved Nov. 7, 2006.

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