Section 1.

That Article XXI of the Constitution of the State of South Dakota, be amended

by adding a NEW SECTION to read:

§ 10. Marijuana

The following acts are lawful and shall not be an offense, or be subject to a civil fine,

penalty, or sanction, or be a basis for detention, search, or arrest, or to deny any right or

privilege, or to seize or forfeit assets, under state or local law, regulation, or ordinance,

if the person is at least twenty-one years of age: possessing, using, ingesting,

transporting, processing, delivering without consideration, or distributing without

consideration one ounce or less of marijuana, except that not more than eight grams of

marijuana may be in a concentrated form; cultivating not more than three marijuana

plants and possessing the marijuana produced by the plants, provided the plants and

any marijuana produced by the plants in excess of one ounce are kept at one private

residence, are in a locked space, are not visible by normal, unaided vision from a public

place, and not more than six plants are kept in or on the grounds of a private residence

at one time; possessing, cultivating, manufacturing, testing, delivering, distributing, or

selling for consideration to persons twenty-one years of age or older marijuana or

marijuana accessories, by licensed commercial cultivators, wholesalers, testing facilities,

or retail sales outlets; and assisting another person who is at least twenty-one years of

age, or allowing property to be used, in any of the acts permitted by this section.
This section does not limit or affect laws that prohibit or otherwise regulate the

following: the use, ingestion, purchase, possession, transport, delivery, or distribution

of marijuana or marijuana accessories by a person younger than twenty-one years of

age; delivery or distribution of marijuana or marijuana accessories, with or without

consideration, to a person younger than twenty-one years of age; consumption of

marijuana while operating or being in physical control of a motor vehicle, train, aircraft,

motorboat, or other motorized form of transport, while it is being operated; smoking

marijuana within a motor vehicle, aircraft, motorboat, or other motorized form of

transport, while it is being operated; possession or consumption of marijuana or

possession of marijuana accessories on the grounds of a public or private school, in a

school bus, or on the grounds of any correctional facility; smoking marijuana in a

location where smoking tobacco is prohibited; consumption of marijuana in a public

place, unless permitted by statute; consumption of marijuana as part of a criminal

penalty or a diversion program; undertaking any task under the influence of marijuana,

if doing so would constitute negligence or professional malpractice; performing

solvent-based extractions on marijuana using solvents other than water, glycerin,

propylene glycol, vegetable oil, or food grade ethanol, unless permitted by statute; or

conduct that endangers others.

This section does not require that an employer permit or accommodate conduct allowed

by this section or affect an employer’s ability to restrict the use of marijuana by

employees. This section does not limit the right of a person who occupies, owns, or

controls private property from prohibiting or otherwise regulating conduct permitted

by this section on or in that property, or limit the ability of the state or a local

government to prohibit or restrict any conduct otherwise permitted under this section

within a building owned, leased, or occupied by the state or the local government. This

section does not limit or expand the rights or restrictions otherwise applicable to

medical marijuana or industrial hemp.

A person who cultivates marijuana plants that are visible by normal, unaided vision

from a public place is subject to a civil penalty not exceeding two-hundred and fifty

dollars. A person who cultivates marijuana plants that are not kept in a locked space is

subject to a civil penalty not exceeding two-hundred and fifty dollars. A person who

smokes marijuana in a public place is subject to a civil penalty not exceeding one-

hundred dollars. A person who is under twenty-one years of age and possesses, uses,

ingests, transports, processes, delivers without consideration or distributes without

consideration one ounce or less of marijuana or marijuana accessories is subject to a

civil penalty not to exceed one-hundred dollars, and may be provided the option of

attending up to four hours of drug education or counseling in lieu of the civil penalty.

The legislature may periodically adjust the amounts of the civil penalties provided

herein, not to exceed the rate of inflation. The civil penalties enumerated in this

paragraph are the exclusive penalties for the conduct described.

This section shall be construed broadly to accomplish its purposes and intents. The

legislature shall enact laws regulating the commercial cultivation, manufacturing,

processing, testing, transport, delivery, and sale of marijuana, and may enact other laws

as necessary to implement this section, but the legislature may not hinder or frustrate

the purposes or intent of this section. The legislature may impose a tax on the

commercial sale of marijuana and marijuana accessories, not to exceed fifteen percent.

Nothing in this section purports to supersede any applicable federal law, except where

allowed by federal law. If any provision in this section or the application thereof to any

person or circumstance is held invalid or unconstitutional, such invalidity or

unconstitutionality shall not affect other provisions or applications of the section that

can be given effect without the invalid or unconstitutional provision or application, and

to this end the provisions of this section are severable.

Section 1. That Article XXI of the Constitution of the State of South Dakota, be amended

by adding a NEW SECTION to read:

§ 10. Marijuana

The following acts are lawful and shall not be an offense, or be subject to a civil fine,

penalty, or sanction, or be a basis for detention, search, or arrest, or to deny any right or

privilege, or to seize or forfeit assets, under state or local law, regulation, or ordinance,

if the person is at least twenty-one years of age: possessing, using, ingesting,

transporting, processing, delivering without consideration, or distributing without

consideration one ounce or less of marijuana, except that not more than eight grams of

marijuana may be in a concentrated form; cultivating not more than three marijuana

plants and possessing the marijuana produced by the plants, provided the plants and

any marijuana produced by the plants in excess of one ounce are kept at one private

residence, are in a locked space, are not visible by normal, unaided vision from a public

place, and not more than six plants are kept in or on the grounds of a private residence

at one time; possessing, manufacturing, delivering, distributing, or selling to persons

twenty-one years of age or older marijuana accessories; and assisting another person

who is at least twenty-one years of age, or allowing property to be used, in any of the

acts permitted by this section.

This section does not limit or affect laws that prohibit or otherwise regulate the

following: the use, ingestion, purchase, possession, transport, delivery, or distribution

of marijuana or marijuana accessories by a person younger than twenty-one years of

age; delivery or distribution of marijuana or marijuana accessories, with or without

consideration, to a person younger than twenty-one years of age; consumption of

marijuana while operating or being in physical control of a motor vehicle, train, aircraft,

motorboat, or other motorized form of transport, while it is being operated; smoking

marijuana within a motor vehicle, aircraft, motorboat, or other motorized form of

transport, while it is being operated; possession or consumption of marijuana or

possession of marijuana accessories on the grounds of a public or private school, in a

school bus, or on the grounds of any correctional facility; smoking marijuana in a

location where smoking tobacco is prohibited; consumption of marijuana in a public

place, unless permitted by statute; consumption of marijuana as part of a criminal

penalty or a diversion program; undertaking any task under the influence of marijuana,

if doing so would constitute negligence or professional malpractice; performing

solvent-based extractions on marijuana using solvents other than water, glycerin,

propylene glycol, vegetable oil, or food grade ethanol, unless permitted by statute; or

conduct that endangers others.

This section does not require that an employer permit or accommodate conduct allowed

by this section or affect an employer’s ability to restrict the use of marijuana by

employees. This section does not limit the right of a person who occupies, owns, or
controls private property from prohibiting or otherwise regulating conduct permitted

by this section on or in that property, or limit the ability of the state or a local

government to prohibit or restrict any conduct otherwise permitted under this section

within a building owned, leased, or occupied by the state or the local government. This

section does not limit or expand the rights or restrictions otherwise applicable to

medical marijuana or industrial hemp.

A person who cultivates marijuana plants that are visible by normal, unaided vision

from a public place is subject to a civil penalty not exceeding two-hundred and fifty

dollars. A person who cultivates marijuana plants that are not kept in a locked space is

subject to a civil penalty not exceeding two-hundred and fifty dollars. A person who

smokes marijuana in a public place is subject to a civil penalty not exceeding one-

hundred dollars. A person who is under twenty-one years of age and possesses, uses,

ingests, transports, processes, delivers without consideration or distributes without

consideration one ounce or less of marijuana or marijuana accessories is subject to a

civil penalty not to exceed one-hundred dollars, and may be provided the option of

attending up to four hours of drug education or counseling in lieu of the civil penalty.

The legislature may periodically adjust the amounts of the civil penalties provided

herein, not to exceed the rate of inflation.

This section shall be construed broadly to accomplish its purposes and intents. Nothing

in this section purports to supersede any applicable federal law, except where allowed
by federal law. If any provision in this section or the application thereof to any person

or circumstance is held invalid or unconstitutional, such invalidity or

unconstitutionality shall not affect other provisions or applications of the section that

can be given effect without the invalid or unconstitutional provision or application, and

to this end the provisions of this section are severable.

BE IT ENACTED BY THE PEOPLE OF SOUTH DAKOTA:

Section 1. That title 34 be amended by adding a NEW CHAPTER to read:

§ 1. Terms used in this chapter mean:

(1) “Department,” the Department of Revenue or its successor agency;
(2) “Hemp,” the plant of the genus cannabis, and any part of that plant, including the
seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and
salts
of isomers, whether growing or not with a delta-9 tetrahydrocannabinol
concentration of not more than three-tenths of one percent on a dry weight basis;
(3) “Local government,” means a county, municipality, town, or township;
(4) “Marijuana,” the plant of the genus cannabis, and any part of that plant, including,
the seeds, the resin extracted from any part of the plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its
resin, including hash and marijuana concentrate. The term includes an altered state
of marijuana absorbed into the human body. The term does not include hemp, or
fiber produced from the stalks, oil or cake made from the seeds of the plant,
sterilized seed of the plant which is incapable of germination, or the weight of any
other ingredient combined with marijuana to prepare topical or oral
administrations, food, drink, or other products;
(5) “Marijuana accessory,” any equipment, product, material, which is specifically
designed for use in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling,
or otherwise introducing marijuana into the human body.

§2. Notwithstanding the provisions of this chapter, this chapter does not limit or affect
laws that prohibit or otherwise regulate:
(1) Delivery or distribution of marijuana or marijuana accessories, with or without
consideration, to a person younger than twenty-one years of age;
(2) Purchase, possession, use, or transport of marijuana or marijuana accessories by a
person younger than twenty-one years of age;
(3) Consumption of marijuana by a person younger than twenty-one years of age;
(4) Operating or being in physical control of any motor vehicle, train, aircraft,
motorboat, or other motorized form of transport while under the influence of
marijuana;
(5) Consumption of marijuana while operating or being in physical control of a motor
vehicle, train, aircraft, motorboat, or other motorized form of transport, while it is
being operated;
(6) Smoking marijuana within a motor vehicle, aircraft, motorboat, or other motorized
form of transport, while it is being operated;
(7) Possession or consumption of marijuana or possession of marijuana accessories on
the grounds of a public or private preschool, elementary school, or high school, in a
school bus, or on the grounds of any correctional facility;
(8) Smoking marijuana in a location where smoking tobacco is prohibited;
(9) Consumption of marijuana in a public place, other than in an area licensed by the
department for consumption;
(10) Consumption of marijuana as part of a criminal penalty or a diversion program;
(11) Conduct that endangers others;
(12) Undertaking any task under the influence of marijuana, if doing so would
constitute negligence or professional malpractice; or
(13) Performing solvent-based extractions on marijuana using solvents other than
water, glycerin, propylene glycol, vegetable oil, or food grade ethanol, unless
licensed for this activity by the department.

§3. Notwithstanding the provisions of this chapter, this chapter does not:
(1) Require that an employer permit or accommodate conduct allowed by this chapter;
(2) Affect an employer’s ability to restrict the use of marijuana by employees;
(3) Limit the right of a person who occupies, owns, or controls private property from
prohibiting or otherwise regulating conduct permitted by this chapter on or in that
property; or
(4) Limit the ability of the state or a local government to prohibit or restrict any conduct
otherwise permitted under this chapter within a building owned, leased, or
occupied by the state or the local government.

§4. Subject to the limitations in this chapter, and notwithstanding any other law, the
following acts are not unlawful and shall not be an offense under state law or the laws
of any local government within the state or be subject to a civil fine, penalty, or
sanction, or be a basis for detention, search, or arrest, or to deny any right or privilege,
or to seize or forfeit assets under state law or the laws of any local government, if the
person is at least twenty-one years of age:
(1) Possessing, using, ingesting, inhaling, processing, transporting, delivering without
consideration, or distributing without consideration one ounce or less of marijuana,
except that not more than eight grams of marijuana may be in a concentrated form;
(2) Possessing, planting, cultivating, harvesting, drying, processing, or manufacturing
not more than three marijuana plants and possessing the marijuana produced by the
plants, provided:
(a) The plants and any marijuana produced by the plants in excess of one ounce are
kept at one private residence, are in a locked space, and are not visible by normal,
unaided vision from a public place;
(b) Not more than six plants are kept in or on the grounds of a private residence at one
time; and
(c) The private residence is located within the jurisdiction of a local government where
there is no licensed retail store where marijuana is available for purchase pursuant to
this chapter.
(3) Assisting another person who is at least twenty-one years of age, or allowing
property to be used, in any of the acts permitted by this section; and
(4) Possessing, using, delivering, distributing, manufacturing, transferring, or selling to
persons twenty-one years of age or older marijuana accessories.

§5.
(1) A person who, pursuant to §4 of this chapter, cultivates plants that are visible by
normal, unaided vision from a public place is subject to a civil penalty not exceeding
two-hundred and fifty dollars.
(2) A person who, pursuant to §4 of this chapter, cultivates plants that are not kept in a
locked space is subject to a civil penalty not exceeding two-hundred and fifty
dollars.
(3) A person who, pursuant to §4 of this chapter, cultivates plants within the
jurisdiction of a local government where marijuana is available for purchase at a
licensed retail store or where the cultivation of plants is not allowed through local
ordinance or regulation pursuant to §10 is subject to a civil penalty not exceeding
two-hundred and fifty dollars.
(4) A person who smokes marijuana in a public place, other than in an area licensed for
such activity by the department, is subject to a civil penalty not exceeding one-
hundred dollars.
(5) A person who is under twenty-one years of age and possesses, uses, ingests, inhales,
transports, delivers without consideration or distributes without consideration one
ounce or less of marijuana or possesses, delivers without consideration, or
distributes without consideration marijuana accessories is subject to a civil penalty
not to exceed one-hundred dollars. The person shall be provided the option of
attending up to four hours of drug education or counseling in lieu of the fine.

§ 6. The department shall have the power, except as otherwise provided in § 10, to
license and regulate the cultivation, manufacture, testing, transport, delivery, and sale
of marijuana in the state and to administer and enforce this chapter. The department
shall accept applications for and issue, in addition to any other types of licenses the
department deems necessary:
(1) Licenses permitting commercial cultivators and manufacturers of marijuana to
cultivate, process, manufacture, transport, and sell marijuana to marijuana
wholesalers;
(2) Licenses permitting independent marijuana testing facilities to analyze and certify
the safety and potency of marijuana;
(3) Licenses permitting marijuana wholesalers to package, process, and prepare
marijuana for transport and sale to retail sales outlets; and
(4) Licenses permitting retail sales outlets to sell and deliver marijuana to consumers.
§ 7. Not later than July 1, 2023, the department shall promulgate rules issue regulations
necessary for the implementation and enforcement of this chapter. The rules shall be
reasonable and shall include:
(1) Procedures for the issuance, renewal, suspension, and revocation of licenses;
(2) Application, licensing, and renewal fees, not to exceed the amount necessary to
cover the costs to the department of implementing and enforcing this chapter;
(3) Time periods, not to exceed ninety days, by which the department must issue or
deny an application;
(4) Qualifications for licensees;
(5) Security requirements, including lighting and alarm requirements, to prevent
diversion;
(6) Testing, packaging, and labeling requirements, including maximum
tetrahydrocannabinol levels, to ensure consumer safety and accurate information;
(7) Restrictions on the manufacture and sale of edible products to ensure consumer and
child safety;
(8) Health and safety requirements to ensure safe preparation and to prohibit unsafe
pesticides;
(9) Inspection, tracking, and record-keeping requirements to ensure regulatory
compliance and to prevent diversion;
(10) Restrictions on advertising and marketing;
(11) Requirements to ensure that all applicable statutory environmental, agricultural,
and food and product safety requirements are followed;
(12) Requirements to prevent the sale and diversion of marijuana to persons under
twenty-one years of age; and
(13) Civil penalties for the failure to comply with rules adopted pursuant to this
chapter.

§ 8. In determining the appropriate number of licenses to issue, as required under this

chapter, the department shall:
(1) Issue enough licenses to substantially reduce the illicit production and sale of
marijuana throughout the state; and
(2) Limit the number of licenses issued, if necessary, to prevent an undue concentration
of licenses in any one municipality.

§ 9. Actions and conduct by a licensee, a licensee’s employee , and a licensee’s agent, as

permitted pursuant to a license issued by the department, or by those who allow
property to be used by a licensee, a licensee’s employee, or a licensee’s agent, as
permitted pursuant to a license issued by the department, are not unlawful and shall
not be an offense under state law, or the laws of any local government within the state,
or be subject to a civil fine, penalty, or sanction, or be a basis for detention, search, or
arrest, or to deny any right or privilege, or to seize or forfeit assets under state law, or
the laws of any local government within the state. No contract is unenforceable on the
basis that marijuana is prohibited by federal law.

§10. A local government may enact ordinances or regulations governing the time,
place, manner, and number of licensees operating within its jurisdiction. A local
government may ban the establishment of licensees or any category of licensee within
its jurisdiction. A local government may allow for cultivation at private residences
within its jurisdiction that would otherwise not be allowed under §4(2)(c) so long as the
cultivation complies with §4(2)(a) and §4(2)(b) and the other requirements of this
chapter. A local government may not prohibit the transportation of marijuana through
its jurisdiction on public roads by any person licensed to do so by the department or as
otherwise allowed by this chapter.

§11. An excise tax of fifteen percent is imposed upon the gross receipts of all sales of
marijuana sold by a person licensed by the department pursuant to this chapter to a
consumer. The department shall by rule establish a procedure for the collection of this
tax and shall collect the tax. The revenue collected under this section shall be
appropriated to the department to cover costs incurred by the department in carrying
out its duties under this chapter. Fifty percent of the remaining revenue shall be
appropriated for the support of South Dakota public schools and the remainder shall be
deposited into the state general fund.

§12. The department shall publish an annual report that includes the number and type
of licenses issued, demographic information on licensees, a description of any
enforcement or disciplinary action taken against licensees, a statement of revenues and
expenses of the department related to the implementation, administration, and
enforcement of this chapter, and a statement of taxes collected in accordance with this
chapter, and an accounting for how those revenues were disbursed.

§13. This chapter shall be broadly construed to accomplish its purposes and intents.
Nothing in this chapter purports to supersede any applicable federal law, except where
allowed by federal law. If any provision in this chapter or the application thereof to any
person or circumstance is held invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect other provisions or applications of the chapter that
can be given effect without the invalid or unconstitutional provision or application, and
to this end the provisions of this chapter are severable.
BE IT ENACTED BY THE PEOPLE OF SOUTH DAKOTA:

Section 1. That title 34 be amended by adding a NEW CHAPTER to read:

§ 1. Terms used in this chapter mean:

(1) “Hemp,” the plant of the genus cannabis, and any part of that plant, including the
seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and
salts
of isomers, whether growing or not with a delta-9 tetrahydrocannabinol
concentration of not more than three-tenths of one percent on a dry weight basis;
(2) “Local government,” means a county, municipality, town, or township;
(3) “Marijuana,” the plant of the genus cannabis, and any part of that plant, including,
the seeds, the resin extracted from any part of the plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its
resin, including hash and marijuana concentrate. The term includes an altered state
of marijuana absorbed into the human body. The term does not include hemp, or
fiber produced from the stalks, oil or cake made from the seeds of the plant,
sterilized seed of the plant which is incapable of germination, or the weight of any
other ingredient combined with marijuana to prepare topical or oral
administrations, food, drink, or other products;
(4) “Marijuana accessory,” any equipment, product, material, which is specifically
designed for use in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling,
or otherwise introducing marijuana into the human body.

§2. Notwithstanding the provisions of this chapter, this chapter does not limit or affect
laws that prohibit or otherwise regulate:

1
(1) Delivery or distribution of marijuana or marijuana accessories, with or without
consideration, to a person younger than twenty-one years of age;
(2) Purchase, possession, use, or transport of marijuana or marijuana accessories by a
person younger than twenty-one years of age;
(3) Consumption of marijuana by a person younger than twenty-one years of age;
(4) Operating or being in physical control of any motor vehicle, train, aircraft,
motorboat, or other motorized form of transport while under the influence of
marijuana;
(5) Consumption of marijuana while operating or being in physical control of a motor
vehicle, train, aircraft, motorboat, or other motorized form of transport, while it is
being operated;
(6) Smoking marijuana within a motor vehicle, aircraft, motorboat, or other motorized
form of transport, while it is being operated;
(7) Possession or consumption of marijuana or possession of marijuana accessories on
the grounds of a public or private preschool, elementary school, or high school, in a
school bus, or on the grounds of any correctional facility;
(8) Smoking marijuana in a location where smoking tobacco is prohibited;
(9) Consumption of marijuana in a public place, unless permitted by statute;
(10) Consumption of marijuana as part of a criminal penalty or a diversion program;
(11) Conduct that endangers others;
(12) Undertaking any task under the influence of marijuana, if doing so would
constitute negligence or professional malpractice; or
(13) Performing solvent-based extractions on marijuana using solvents other than
water, glycerin, propylene glycol, vegetable oil, or food grade ethanol, unless
permitted by statute.

§3. Notwithstanding the provisions of this chapter, this chapter does not:
(1) Require that an employer permit or accommodate conduct allowed by this chapter;
(2) Affect an employer’s ability to restrict the use of marijuana by employees;

2
(3) Limit the right of a person who occupies, owns, or controls private property from
prohibiting or otherwise regulating conduct permitted by this chapter on or in that
property; or
(4) Limit the ability of the state or a local government to prohibit or restrict any conduct
otherwise permitted under this chapter within a building owned, leased, or
occupied by the state or the local government.

§4. Subject to the limitations in this chapter, and notwithstanding any other law, the
following acts are not unlawful and shall not be an offense under state law or the laws
of any local government within the state or be subject to a civil fine, penalty, or
sanction, or be a basis for detention, search, or arrest, or to deny any right or privilege,
or to seize or forfeit assets under state law or the laws of any local government, if the
person is at least twenty-one years of age:
(1) Possessing, using, ingesting, inhaling, processing, transporting, delivering without
consideration, or distributing without consideration one ounce or less of marijuana,
except that not more than eight grams of marijuana may be in a concentrated form;
(2) Possessing, planting, cultivating, harvesting, drying, processing, or manufacturing
not more than three marijuana plants and possessing the marijuana produced by the
plants, provided:
(a) The plants and any marijuana produced by the plants in excess of one ounce
are kept at one private residence, are in a locked space, and are not visible by
normal, unaided vision from a public place;
(b) Not more than six plants are kept in or on the grounds of a private residence
at one time; and
(c) The private residence is located within the jurisdiction of a local government
where there is no licensed retail store where marijuana is available for purchase
pursuant to this chapter.
(3) Assisting another person who is at least twenty-one years of age, or allowing
property to be used, in any of the acts permitted by this section; and

3
(4) Possessing, using, delivering, distributing, manufacturing, transferring, or selling to
persons twenty-one years of age or older marijuana accessories.
(5) A person who cultivates marijuana plants, pursuant to (2) of this section, that are
visible by normal, unaided vision from a public place is subject to a civil penalty not
exceeding two-hundred and fifty dollars.
(6) A person who, pursuant to (2) of this section, cultivates marijuana plants that are not
kept in a locked space is subject to a civil penalty not exceeding two-hundred and fifty
dollars.
(7) A person who smokes marijuana in a public place is subject to a civil penalty not
exceeding one-hundred dollars.
(8) A person who is under twenty-one years of age and possesses, uses, ingests, inhales,
transports, delivers without consideration or distributes without consideration one
ounce or less of marijuana or possesses, delivers without consideration, or distributes
without consideration marijuana accessories is subject to a civil penalty not to exceed
one-hundred dollars. The person shall be provided the option of attending up to four
hours of drug education or counseling in lieu of the fine.

§5. This chapter shall be broadly construed to accomplish its purposes and intents.
Nothing in this chapter purports to supersede any applicable federal law, except where
allowed by federal law. If any provision in this chapter or the application thereof to any
person or circumstance is held invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect other provisions or applications of the chapter that
can be given effect without the invalid or unconstitutional provision or application, and
to this end the provisions of this chapter are severable.

4
BE IT ENACTED BY THE PEOPLE OF SOUTH DAKOTA

Section 1. That Article XXIII, section 1 of the Constitution of the State of South Dakota, be
amended to read as follows:

§ 1. Amendments to this Constitution may be proposed by initiative or by a majority vote of all

members of each house of the Legislature. An amendment proposed by initiative shall require a
petition signed by qualified voters equal in number to at least ten percent of the total votes cast
for Governor in the last gubernatorial election. The petition containing the text of the proposed
amendment and the names and addresses of its sponsors shall be filed at least one year before the
next general election at which the proposed amendment is submitted to the voters. A proposed
amendment may amend one or more articles as necessary to accomplish the objectives of the
amendment.