Article IX, South Dakota Constitution

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South Dakota Constitution
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Articles
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Article IX of the South Dakota Constitution is entitled Local Government and consists of seven sections.

Section 1

Text of 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.

History: 1889 Const., art. IX, §§ 1 to 7, art. X, §§ 1 to 3; amendment of § 5, art. IX, proposed by SL 1893, ch 37, rejected Nov., 1894; amendment of § 3, art. IX, proposed by SL 1901, ch 87, approved Nov., 1902; amendment of § 7, art. IX, proposed by SL 1905, ch 68, approved Nov., 1906; amendment of § 5, art. IX, proposed by SL 1913, ch 131, rejected Nov., 1914; amendment of § 1, art. IX, proposed by SL 1921, ch 147, rejected Nov., 1922; amendment of § 5, art. IX, proposed by SL 1931, ch 100, rejected Nov., 1932; amendment of § 5, art. IX, proposed by SL 1935, ch 138, approved Nov., 1936; amendment of § 5, art. IX, proposed by SL 1949, ch 240, rejected Nov., 1950; amendment of § 5, art. IX, proposed by SL 1953, ch 311, approved Nov., 1954; amendment of § 5, art. IX, proposed by SL 1955, ch 260, rejected Nov., 1960; amendment of § 5, art. IX, proposed by SL 1963, ch 343, approved Nov. 3, 1964; amendment of § 5, art. IX, proposed by SL 1966, ch 198, approved Nov. 8, 1966; new art. IX proposed by SL 1972, ch 3, approved Nov. 7, 1972.

Section 2

Text of 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.

History: Sections proposed by SL 1957, ch 300, rejected Nov., 1958; Art. X, §§ 4 and 5, proposed by SL 1961, ch 298, approved Nov. 6, 1962, effective July 1, 1963; amendment proposed by SL 1972, ch 3, approved Nov. 7, 1972.

Section 3

Text of 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.

History: Section proposed by SL 1972, ch 3, approved Nov. 7, 1972.

Section 4

Text of Section 4:

Local Initiatives to Provide for Cooperation and Organization of Local Governmental 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.

History: Section proposed by SL 1999, ch 2, §§ 1 and 2, approved Nov. 7, 2000.

Section 5-7

Text of Section 5-7:

Superseded

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