ARTICLE III.

LEGISLATlVE DEPARTMENT.

SECTION 1. The legislative power shall be vested in a legislature, which shall consist of a senate and house of representatives.

SEC. 2. The number of members of the house of representatives shall not be less than seventy-five nor more than one hundred and thirty-five, the number of members of the senate shall not be less than twenty-five nor more than forty-five.

The sessions of the legislature shall be biennial, except as otherwise provided in this Constitution.

SEC. 3. No person shall be eligible to the office of senator who is not a qualified elector in the district from which he may be chosen, and a citizen of the United States, and who shall not have attained the age of twenty-five years, and who shall not have been a resident of the State or Territory for two years next preceding his election.

No person shall be eligible to the office of representative who is not a qualified elector in the district from which he may be chosen, and a citizen of the United States, and who shall not have been a resident of the State or Territory for two years next preceding his election, and who shall not have attained the age of twenty-five years.

No judge or clerk of any court, secretary of state, attorney general, state’s attorney, recorder, sheriff, or collector of public moneys, member of either house of congress, or person holding any lucrative office under the United States, or this State, or any foreign government, shall be a member of the legislature; provided, that appointments in the militia, the offices of notary public and justice of the peace shall not be considered lucrative; nor shall any person holding any office of honor or profit under any foreign government or under the government of the United States, except postmasters whose annual compensation does not exceed the sum of three hundred dollars, hold any office in either branch of the legislature or become a member thereof.

SEC. 4. No person who has been, or hereafter shall be, convicted of bribery, perjury, or other infamous crime, nor any person who has been or may be collector or holder of public moneys, who shall not have accounted for and paid over, according to law, all such moneys due from him, shall be eligible to the legislature or to any office in either branch thereof.

SEC. 5. The legislature shall provide by law for the enumeration of the inhabitants of the State in the year one thousand eight hundred and ninety-five, and every ten years thereafter; and at its first regular session after each enumeration made by authority of the United States, but at no other time, the legislature shall apportion the senators and representatives according to the number of inhabitants, including Indians not taxed and soldiers and officers of the United States army and navy; provided that the legislature may make an apportionment at its first session after the admission of Dakota as a State.

SEC. 6. The terms of the office of the members of the legislature shall be two years; they shall receive for their services the sum of five dollars for each day’s attendance during the session of the legislature, and ten cents for every mile of necessary travel in going to and returning from the place of meeting of the legislature on the most usual route.

Each regular session of the legislature shall not exceed sixty days, except in cases of impeachment, and members of the legislature shall receive no other pay or prerequisites except per diem and mileage.

SEC. 7. The legislature shall meet at the seal of government on the first Tuesday after the first Monday of January, at 12 o’clock m., in the year next ensuing the election of members thereof, and at no other time, except as provided by this Constitution.

SEC. 8. Members of the legislature and the officers thereof before they enter upon their official duties, shall take or subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Dakota, and will faithfully discharge the duties of (senator, representative or officer) according to the best of my abilities, and that I have not knowingly or intentionally paid or contributed anything, or made any promise in the nature of a bribe, to directly or indirectly influence any vote at the election at which I was chosen to fill said office, and have not accepted, nor will I accept or receive, directly or indirectly, any money, pass, or any other valuable thing, from any corporation, company or person, for any vote or influence I may give, or withhold on any bill or resolution, or appropriation, or for any other official act.

This oath shall be administered by a judge of the Supreme or circuit court, or the presiding officer of either house, in the hall of the house to which the member is elected, and the secretary of State shall record and file the oath subscribed by each member and officer.

Any member or officer who shall refuse to take the oath herein prescribed shall forfeit his office.

Any member or officer of the legislature who shall be convicted of having sworn falsely to or violated his said oath, shall forfeit his office and be disqualified thereafter from holding the office of senator or member of the house of representatives or any office within the gift of the legislature.

SEC. 9. Each house shall be the judge of the election returns and qualifications of its own members.

A majority of the members of each house shall constitute a quorum, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such a manner and under such a penalty as each house may provide.

Each house shall determine the rules of its proceedings, shall choose its own officers and employees and fix the pay thereof, except as otherwise provided in this Constitution.

SEC. 10. The Governor shall issue writs of election to fill such vacancies as may occur in either house of the legislature.

SEC. 11. Senators and Representatives shall, in all cases except treason, felony or breach of the peace, be privileged from arrest during the session of the legislature, and in going to and returning from the same; and for words used in any speech or debate in either house, they shall not be questioned in my other place.

SEC. 12. No member of the legislature shall, during the term for which he was elected, be appointed or elected to any civil office in the State which shall have been created or the emoluments of which shall have been increased during the term for which he was elected, nor shall any member receive any civil appointment from the Governor, the Governor and senate, or from the legislature during the term for which he shall have been elected, and all such appointments and all votes given for any such members for any such office or appointment shall be void; nor shall any member of the legislature during the time for which he shall have been elected, or within one rear thereafter, be interested, directly or indirectly, in any contract with the State or any county thereof, authorized by any law passed during the term for which he shall have been elected.

SEC. 13. Each house shall keep a Journal of its proceedings and publish the same from time to time, except such parts as require secrecy, and the yeas and nays of members on any question shall be taken at the desire of one-sixth of those present and entered upon the Journal.

SEC. 14. In all elections to be made by the legislature the members thereof shall vote viva voce and their votes shall be entered in the Journal.

SEC. 15. The sessions of each house and of the Committee of the Whole shall be open, unless when the business is such as ought to be kept secret.

SEC. 16. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.

SEC. 17. Every bill shall be read three several times, but the first and second reading may be upon the same day, and the second reading may be by title of the bill, unless the reading at length be demanded. The first and third readings shall be at length.

SEC. 18. The enacting clause of a law shall be: “Be it enacted by the legislature of the State of Dakota,” and no law shall be passed unless by assent of a majority of all the members elected to each house of the legislature. And the question upon the final passage shall be taken upon its last reading and the yeas and nays shall be entered upon the Journal.

SEC. 19. The presiding officer of each house shall, in the presence of the house over which he shall preside, sign all bills and joint resolutions passed by the legislature, after their titles have been publicly read immediately before signing, and the fact of signing, shall be entered upon the Journal.

SEC. 20. Any bill may originate in either house of the legislature, and a bill passed by one house may be amended in the other.

SEC. 21. No law shall embrace more than one subject, which shall be expressed in its title.

SEC. 22. No act shall take effect until ninety days after the adjournment of the session at which it passed, unless in case of emergency, (to be expressed in the preamble or body of the act), the legislature shall by a vote of two-thirds of all the members of each house, otherwise direct.

SEC. 23. The legislature is prohibited from enacting any private or special laws in the following cases:

1. Granting divorces.

2. Changing the names of persons or places, or constituting one person the heir-at-law of another.

3. Locating or changing county-seats.

4. Regulating county and township affairs.

5. Incorporating cities, towns and villages or changing or amending the charter of any town, city or village, or laying out, opening, vacating or altering town plats, streets, wards, alleys and public grounds.

6. Providing for sale or mortgage of real estate belonging to minors or others under disability.

7. Authorizing persons to keep ferries across streams wholly within the State.

8. Remitting lines, penalties or forfeitures.

9. Granting to an individual, association or corporation any special or exclusive privilege, immunity or franchise whatever.

10. Providing for the management of common schools.

11. Creating, increasing or decreasing fees, percentages or allowances of public officers during the term for which said officers are elected or appointed.

But the legislature may repeal any existing special law relating to the foregoing subdivisions.

In all other cases where a general law can be applicable no special law shall be enacted.

SEC. 24. The legislature shall have no power to release or extinguish, in whole or in

part, the indebtedness, liability or obligation of any corporation or individual to this state or to any municipal corporation therein.

SEC. 25. The legislature shall not authorize any game of chance, lottery, or gift enterprise, under any pretense or for any purpose whatever.

SEC. 26. The legislature shall not delegate to any special commission, private corporation or association any power to make, supervise or interfere with any municipal improvement, money, property, effects, whether held in trust or otherwise, or levy taxes or to select a capital site or to perform any municipal functions whatever.

SEC. 27. The legislature shall direct by law in what manner and in what courts suits may be brought against the State.

SEC. 28. Any person who shall give, demand, offer, directly or indirectly, any money, testimonial, privilege or personal advantage, anything of value to any executive or judicial officer or member of the legislature, to influence him in the performance of any of his official or public duties, shall be guilty of bribery and shall he punished in such manner as shall be provided by law.

The offense of corrupt solicitation of members of the legislature, or of public officers of the State, or any municipal division thereof, and any effort towards solicitation of said members of the legislature or officers to influence their official action, shall be defined by law and shall be punishable by fine and imprisonment.

Any person may be compelled to testify in investigation or judicial proceedings against any person charged with having committee any offense or bribery or corrupt solicitation, and shall not be permitted to withhold bis testimony upon the ground that it may criminate himself, but said testimony shall not afterwards be used against him in any judicial proceeding except for bribery in giving such testimony, and any person convicted of either of the offenses aforesaid, shall be disqualified from holding any office or position or office of trust or profit in this State.

• Article III: Legislative Department (Sioux Falls Constitution) (introduced on 1889-07-26 09:00:00 - CREATE_FROM - e1070645) [This document]

• Article III: Legislative Department (Sioux Falls Constitution) (introduced on 1889-07-26 09:00:00 - CREATE_FROM - e1070645) [This document] [view current proposal at this moment]