South Dakota Constitution Article 3 - Legislative Department.
South Dakota Constitution – Article III: Legislative Department
Summary:
Article III of the South Dakota Constitution establishes the Legislative Department, defining the structure, powers, duties, and procedures of the South Dakota State Legislature—the lawmaking branch of the state government.
🔑 Key Provisions and Sections:
1. Legislative Power (Section 1):
The legislative power is vested in a bicameral legislature, consisting of:
A Senate
A House of Representatives
2. Size and Apportionment (Sections 2–5):
The Legislature must consist of no more than 35 Senate districts.
Each district elects one senator and two representatives.
Districts must be as equal in population as practicable, and reapportionment is required after each federal census.
3. Eligibility and Terms (Sections 6–7):
Senators and representatives must:
Be at least 18 years old
Be qualified voters and residents of their district
Terms:
Both senators and representatives serve 2-year terms.
4. Sessions and Procedures (Sections 8–10):
The Legislature meets annually, with regular sessions limited to 40 legislative days (excluding Sundays).
The Governor may call special sessions.
Each house elects its own officers and establishes its own rules.
5. Powers and Limitations (Sections 11–27):
The Legislature has broad lawmaking powers but is subject to restrictions:
Cannot pass local or special laws in certain cases.
Must pass laws through a formal bill process, with three readings and a majority vote.
Roll call votes are required for final passage.
Laws must embrace only one subject, clearly expressed in the title.
6. Impeachment (Section 28):
The House of Representatives has the power to impeach.
The Senate tries impeachments, requiring a two-thirds vote to convict.
Officers may be impeached for misdemeanors in office.
7. Compensation and Ethics (Sections 29–32):
Legislative pay is set by law.
Provisions are included to prevent conflict of interest and bribery.
8. Initiative and Referendum (Section 1):
Reserved power of the people to propose and vote on laws and constitutional amendments through initiative and referendum.
📜 Purpose:
To structure and regulate the legislative process in South Dakota, ensuring democratic representation, transparency, separation of powers, and accountability.
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