South Dakota Constitution Article 9 - Local Government.
South Dakota Constitution – Article IX: Local Government
🔹 Overview:
Article IX of the South Dakota Constitution establishes the framework for local government, including counties, municipalities, and other political subdivisions. It grants powers related to self-governance, structure, taxation, and cooperation between local entities.
🔸 Key Sections and Provisions:
Section 1 – Local Government Structure and Powers
The Legislature may provide for local government organization, including counties and municipalities.
It allows for optional forms of local government and permits local entities to exercise powers of local self-government not denied by state law.
Local governments may adopt charters, subject to legislative limitations.
Section 2 – Charters for Local Government
A county or municipality may frame and adopt a charter for self-government.
The charter must be approved by majority vote in a local election.
These charters may provide for the structure, powers, and functions of the local government.
Charters cannot conflict with state law or the state constitution.
Section 3 – Intergovernmental Cooperation
Permits agreements between local governments, and between local and state or federal governments, to perform any authorized function jointly.
Encourages cooperation and efficiency in providing services.
Section 4 – Consolidation
Allows counties and municipalities to consolidate functions or entire governments if approved by local voters.
Facilitates streamlined governance and shared resources.
Section 5 – Local Tax Authority
Local governments have the power to levy taxes and fees, but only as authorized by law.
Limits and procedures for taxation must comply with legislative and constitutional guidelines.
Section 6 – Reserved Powers
Powers not granted to local governments by this article or by law remain with the state government.
🔹 Purpose of Article IX:
To empower local communities with the ability to govern themselves within constitutional limits.
To promote flexibility, innovation, and efficiency in local governance.
To encourage local solutions to local problems, while maintaining state oversight.
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