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South Dakota Bill #HCR 1013   View text of Bill | Go to Bill Online
Bill Name:House Concurrent Resolution HCR 1013
Type:State Sovereignty
Requested Patriot Action:
Committees:
Sponsors: House Sponsors:
Steele 605-335-7036, 605-261-3575

Bolin, 605-987-2630
Brunner, 605-257-2336
Carson, 605-996-3662
Cronin, 605-765-9325
Curd, 605-339-8918
Cutler, 605-371-1120
Deadrick, 605-337-3999
Dreyer,
Engels, 605-528-3644
Greenfield, 605-532-4088
Hamiel, 605-995-5949
Hoffman, 605-577-6530
Hunt, 605-582-3865
Jensen, 605-343-1335
Juhnke, 605-683-6661
Kirkeby, 605-343-4003
Kopp,
Krebs,
Lange,
Lederman,
McLaughlin,
Moser,
Noem,
Novstrup (David),
Olson (Betty),
Olson (Ryan),
Peters,
Putnam,
Rausch,
Rave,
Romkema,
Rounds,
Russell,
Schlekeway,
Sly,
Solum,
Tidemann,
Van Gerpen,
Vanneman,
Verchio,
Wink,
Wismer

Senate Sponsors:
Novstrup 605-229-2505, 605-229-2505

Adelstein, 605-348-1999
Bartling, 605-775-2937
Fryslie, 605-625-3067
Gant, 605-362-4725
Garnos, 605-895-2414
Gray, 605-224-9026
Hansen (Tom), 605-352-8480
Haverly, 605-393-9998
Howie, 605-393-2686
Hunhoff (Jean), 605-665-1463
Maher, 605-466-2389
Nelson, 605-584-2600
Olson (Russell), 605-256-3899
Peterson, 605-623-4573
Rhoden, 605-985-5461
Schmidt 605-348-7158
Session Schedule: In Session 1/13/09 - 5/27/10 (est.)

Interim Recess 6/19/09 - 1/11/10

In Session 1/12/10 - 5/27/10 (est.)
Similar Bills in other states: 
Date Introduced: 3/2/2009
Enacted:Y
Status:Enacted
Passed House committee:
Passed Senate committee:
Passed Senate:
Passed House:
Link to Bill history: Go to Bill history
Bill History:
South Dakota Legislature

House Concurrent Resolution 1013

Representatives Steele, Bolin, Brunner, Carson, Cronin, Curd, Cutler, Deadrick, Dreyer, Engels, Greenfield, Hamiel, Hoffman, Hunt, Jensen, Juhnke, Kirkeby, Kopp, Krebs, Lange, Lederman, McLaughlin, Moser, Noem, Novstrup (David), Olson (Betty), Olson (Ryan), Peters, Putnam, Rausch, Rave, Romkema, Rounds, Russell, Schlekeway, Sly, Solum, Tidemann, Van Gerpen, Vanneman, Verchio, Wink, and Wismer and Senators Novstrup (Al), Adelstein, Bartling, Fryslie, Gant, Garnos, Gray, Hansen (Tom), Haverly, Howie, Hunhoff (Jean), Maher, Nelson, Olson (Russell), Peterson, Rhoden, and Schmidt

Reasserting sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers and serving notice to the federal government to cease and desist certain mandates.

Date Action
03/02/2009 Introduced H.J. 579
03/03/2009 House of Representatives Adopt Resolution, Passed, YEAS 51, NAYS 18. H.J. 601

03/04/2009 Introduced S.J. 615
03/05/2009 Senate Concurred in Resolution, Passed, YEAS 20, NAYS 14. S.J. 642

House votes:
Senate votes:
Federal reply:
State constitution: SOUTH DAKOTA CONSTITUTION

Bill of Rights

§ 1. Inherent rights. All men are born equally free and independent, and have certain inherent rights, among which are those of enjoying and defending life and liberty, of acquiring and protecting property and the pursuit of happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed

§ 2. Due process--Right to work. No person shall be deprived of life, liberty or property without due process of law. The right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union, or labor organization.

§ 3. Freedom of religion--Support of religion prohibited. The right to worship God according to the dictates of conscience shall never be infringed. No person shall be denied any civil or political right, privilege or position on account of his religious opinions; but the liberty of conscience hereby secured shall not be so construed as to excuse licentiousness, the invasion of the rights of others, or justify practices inconsistent with the peace or safety of the state.

No person shall be compelled to attend or support any ministry or place of worship against his consent nor shall any preference be given by law to any religious establishment or mode of worship. No money or property of the state shall be given or appropriated for the benefit of any sectarian or religious society or institution

§ 4. Right of petition and peaceable assembly. The right of petition, and of the people peaceably to assemble to consult for the common good and make known their opinions, shall never be abridged

§ 5. Freedom of speech--Truth as defense--Jury trial. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right. In all trials for libel, both civil and criminal, the truth, when published with good motives and for justifiable ends, shall be a sufficient defense. The jury shall have the right to determine the fact and the law under the direction of the court
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§ 13. Private property not taken without just compensation--Benefit to owner--Fee in highways. Private property shall not be taken for public use, or damaged, without just compensation, which will be determined according to legal procedure established by the Legislature and according to § 6 of this article. No benefit which may accrue to the owner as the result of an improvement made by any private corporation shall be considered in fixing the compensation for property taken or damaged. The fee of land taken for railroad tracks or other highways shall remain in such owners, subject to the use for which it is taken.
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§ 24. Right to bear arms. The right of the citizens to bear arms in defense of themselves and the state shall not be denied

§ 25. Treason. Treason against the state shall consist only in levying war against it, or in adhering to its enemies, or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act or confession in open court

§ 26. Power inherent in people--Alteration in form of government--Inseparable part of Union. All political power is inherent in the people, and all free government is founded on their authority, and is instituted for their equal protection and benefit, and they have the right in lawful and constituted methods to alter or reform their forms of government in such manner as they may think proper. And the state of South Dakota is an inseparable part of the American Union and the Constitution of the United States is the supreme law of the land

§ 27. Maintenance of free government--Fundamental principles. The blessings of a free government can only be maintained by a firm adherence to justice, moderation, temperance, frugality and virtue and by frequent recurrence to fundamental principles


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