SD Secretary of State Elections & Voter Registration Past Elections 1990 Election Information 1990 Ballot Question Text

CONSTITUTIONAL AMENDMENT A

Title: Relating to Disposition of Private Property Taken for Public Use.

Attorney General's Explanation:

Under present law, land may be condemned or taken for various public
uses, including the use for railroad tracks or public highways. The
Constitution now provides that when land is condemned for railroad tracks or
public highways, the fee ownership remains in the original owner. This
amendment addresses what is to occur when use of the particular land for
railroad tracks or public highway ceases. Under the present constitutional
provision, the particular land would be returned to the original owner or his
heirs. The proposed amendment will change the present law if, at the time the
use of the land for railroad tracks or public highway ends, the original owner
is deceased.

The proposed amendment provides that when the original owner of the land
is no longer living at the time the use of the land for railroad tracks or
public highway purposes ends, the Legislature could provide for the
disposition of such property in a way that best served the interest of the
State. The Legislature could, and may be required to, provide that a
preference be given to the adjoining owners.

A vote "Yes" by a majority will change the Constitution as explained
above.

A vote "No" by a majority will leave the Constitution as it exists.

Full Text of Constitutional Amendment A:

That section 13, Article VI of the Constitution of the state of South
Dakota be amended to read as follows:

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 Section 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. However, if the original owner of land taken for railroad tracks or
highways no longer owns the adjoining land at the time when the use for which
it was taken ends, the legislature may, by appropriate legislation, provide
for the disposition of such property in such manner as may best serve
interests of the state including preferment for disposition to the current
adjoining land owners.

CONSTITUTIONAL AMENDMENT B

Title: Relating to the Eligibility for Legislative Office.

Attorney General's Explanation:

Our State Constitution now prohibits a State Legislator, during the term
for which the Legislator was elected or one year thereafter, from being
directly or indirectly interested in any contract with the State or any county
when the contract, or its funding, is authorized by any law passed during the
term for which the Legislator was elected. This Constitutional Amendment
would create an exception to this restriction which would allow a State
Legislator to enter into a contract with the State or any county if the
contract is awarded on competitive bids.

A vote "Yes" by a majority will change the Constitution as explained
above.

A vote "No" by a majority will leave the Constitution as it exists.

Full Text of Constitutional Amendment B:

That section 12, Article III of the Constitution of the state of South
Dakota be amended to read as follows:

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
term for which he shall have been elected, or within one year 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, except any contract let upon the basis of competitive
bidding.

CONSTITUTIONAL AMENDMENT C

Title: Relating to the Imposition of an Income Tax

Attorney General's Explanation:

At the present time, Article XI, Section 2 of the South Dakota
Constitution permits the Legislature to enact an income tax. This amendment
would prohibit enactment of an income tax by the Legislature unless the
revenue generated is dedicated to fund elementary and secondary education and
to provide a replacement for taxes on real property. In addition, no personal
or corporate income tax adopted by the Legislature would become effective
until it was approved by a majority of those voting on the issue at a general
or special statewide election.

A vote "Yes" by a majority will change the Constitution as explained
above.

A vote "No" by a majority will leave the Constitution as it exists.

Full Text of Constitutional Amendment C:

That Article XI of the Constitution of the state of South Dakota be
amended by adding thereto the following new section:

Section 14. No tax may be imposed by the Legislature on personal or
corporate income unless the revenue generated by such tax, less the cost of
administration, is dedicated to fund elementary and secondary education and to
provide a replacement for taxes on real property by such dedication. Any tax
on personal or corporate income enacted by the Legislature shall be
immediately referred to a vote of the people at the next general election or
at an election called for such purpose and shall take effect only upon the
affirmative vote of a majority of those voting on such question.

CONSTITUTIONAL AMENDMENT D

Title: Relating to Sessions of the Legislature.

Attorney General's Explanation:

The State Constitution requires that the State Legislature shall meet in
regular annual sessions, but at no other time unless specified in the
Constitution. Presently, a special session of the Legislature may be convened
only by the Governor. The proposed amendment would require the presiding
officers of both houses to convene a special session when presented with a
written petition requesting the session, signed by two-thirds of the members
of each house, and stating the purposes of the session. Only business which
falls within the purposes listed in the petition could be addressed at such a
legislative session.

A vote "Yes" by a majority will change the Constitution as explained
above.

A vote "No" by a majority will leave the Constitution as it exists.

Full Text of Constitutional Amendment D:

That Article III of the Constitution of the state of South Dakota be
amended by adding thereto the following new section:

Section 31. In addition to the provisions of Article IV, Section 3, the
Legislature shall be convened in special session by the presiding officers of
both houses upon the written petition of two-thirds of the members of each
house. The petition shall state the purposes of the session, and only
business encompassed by those purposes may be transacted.

CONSTITUTIONAL AMENDMENT E

Title: Relating to a Limit on the Growth of Taxes on Real Property.

Attorney General's Explanation:

At present, the State Legislature has imposed limitations by statute on
the rate of property taxation by governmental units but there are no
constitutional limits on those rates. This Amendment would impose, in the
Constitution, a limit of a two percent increase per year on real property tax
revenue payable to a governmental unit.

The Amendment provides for several exceptions to the two percent revenue
increase limitation. The Amendment provides that a governmental unit could
increase its revenues through increased taxation on improvements to real
property, through taxation of any new property incorporated into a
governmental unit by annexation or minor boundary changes, and through
adjustments of taxation of property whose use has been changed or
reclassified. Moreover, the Amendment would not affect tax levies for
repayment of indebtedness incurred after December 31, 1989, for certain school
district purposes or tax levies to pay judgments of the courts. Any taxing
district formed, or any school district reorganized after 1990 would be exempt
from the two percent limitation for two years.

Any governmental unit could opt out of the two percent increase limit for
a one year period by an affirmative vote of two-thirds of its governing body.
The governing body's decision to opt out of the limit could be referred to a
special election by a petition of five percent of the registered voters of the
district.

A vote "Yes" by a majority will change the Constitution as explained
above.

A vote "No" by a majority will leave the Constitution as it exists.

Full Text of Constitutional Amendment E:

That Article XI of the Constitution of the state of South Dakota be
amended by adding thereto the following new section:

Section 14. In 1992 and each year thereafter, the total amount of
revenue payable from taxes on real property within a taxing district may not
increase by more than two percent over the amount of revenue payable from
taxes on real property in the preceding year. The taxing district may
increase the revenue payable from taxes on real property above the limit
provided by this section by taxation of any improvements to property or any
property incorporated into a taxing district by annexation or minor boundary
changes; by any adjustments in taxation of property whose use has changed,
either actually or legally; or by any adjustments in taxation of property
which has been separately classified and subject to statutory adjustments and
reductions. A taxing district may increase the revenue it receives from taxes
on real property above the limit provided by this section for principal,
interest and redemption on bonded indebtedness incurred after December 31,
1989, for scheduled payment increases on bonded indebtedness incurred prior to
December 31, 1989, to pay the principal and interest on capital outlay
certificates and lease-purchase agreements for school districts, and for any
levy directed by the order of any court for the purpose of paying any
judgment against such taxing district. Any taxing district created or school
district reorganized after the effective date of this section is exempt from
the real property tax revenue limit provided by this section for a period of
two years immediately after its creation. The governing body of a taxing
district may increase the amount of revenue received from taxes on real
property in excess of the limit provided by this section with an affirmative
vote of two-thirds of the governing body on or before June first of the year
prior to the time the taxes are payable. The decision of the governing body
may be referred upon a petition signed by not less than five percent of the
registered voters of the county, municipality, township, school district, or
other entity authorized by law to levy taxes and filed with the respective
governing body within twenty days after the decision of such governing body.
The referendum election shall be held on or before the first Tuesday in August
of the year prior to the time the taxes are payable.

INITIATED MEASURE 1

The following measure has been placed on the ballot by initiative petitions
filed in accordance with the Constitution.

Title: An Act Relating to Legislative Approval for the Siting, Construction,
or Operation of a Large-Scale Solid Waste Facility.

Attorney General's Explanation:

This initiative, if passed, would require Legislative approval of all
permits issued by the Board of Minerals and Environment which authorize the
siting, construction, or operation of a large-scale solid waste facility. It
applies only to those facilities which dispose of or incinerate over two
hundred thousand tons of solid waste per year.

The initiative will be retroactive to July 1, 1989. It directs the Board
of Minerals and Environment to stop the operation of any existing large-scale
solid waste facility until the Legislature finds the facility to be
environmentally safe, in the public interest, and approves the permit.

At the present time, one such facility would be closed by this
initiative, until approved by the Legislature. If this facility is legally
operating upon passage of this initiative, the question of whether the owners
are entitled to compensation from the State will have to be addressed.

A vote "Yes" is for enactment of the proposal into law.

A vote "No" is against its becoming law.

Full Text of Initiated Measure 1:

Section 1. No large scale solid-waste facility may be sited, constructed
or operated in this state unless the Legislature enacts a bill approving the
siting, construction or operation of such facility pursuant to a solid waste
permit or permit renewals, issued by the board of minerals and environment.
The Legislature must find that the facility is environmentally safe and in the
public interest.

Section 2. A large-scale solid waste facility is any single facility, or
two or more facilities operated as a single unit, in which over two hundred
thousand tons of solid waste is disposed or incinerated per year.

Section 3. The board of minerals and environment shall cause any
existing large-scale solid waste facility to cease operation unless or until
legislative approval as prescribed in this Act has been obtained.

Section 4. The provisions of this Act are retroactive to July 1, 1989.

INITIATED MEASURE 2

The following measure has been placed on the ballot by initiative petitions
filed in accordance with the Constitution.

Title: An Act Relating to a Large-Scale Gold or Silver Mining Operation being
Granted a Permit by the Board of Minerals and Environment Under Specific
Conditions.

Attorney General's Explanation:

This initiative requires that a large-scale gold or silver mining
operation be granted a permit by the Board of Minerals and Environment only if
the total amount of land under permit in the Black Hills does not exceed
3,100 acres. When the total "affected land" equals 3,100 acres, a large-scale
mining operation could only obtain or amend a permit for new lands by: (1)
relinquishing land which was permitted and either reclaimed or not mined; (2)
obtaining permitted land from other mine operators; or (3) reclaiming
previously mined, but unreclaimed lands.

"Affected land" is currently defined as land which has:
1. Had the waste rock and topsoil removed;
2. Had waste deposited on it; or
3. Been disturbed by surface mining or surface
affects of underground mining, i.e. access
roads, warehouses, and storage areas.

Affected mining operations include large-scale gold and silver surface
and underground mines. A large-scale mining operation is one which affects
more than ten acres, excluding access roads, and extracts more than
25,000 tons of ore or waste rock and topsoil per calendar year. No limitation
is placed on the quantity of land which could be affected by small-scale gold
and silver mining operations.

A vote "Yes" is for enactment of the proposal into law.

A vote "No" is against its becoming law.

Full Text of Initiated Measure 2:

Section 1. That chapter 45-6B be amended by adding thereto a new section
to read as follows:
The people of the State of South Dakota find that the protection of the
environment of the Black Hills requires regulation of the amount of land that
can be affected at any one time by large-scale gold or silver mining
activities.

Section 2. That chapter 45-6B be amended by adding thereto a new section
to read as follows:
The board may not issue or amend any large-scale gold or silver mining
permit pursuant to chapter 45-6B if the permit or amendment would cause the
total amount of affected land under permit by large-scale gold or silver
mines within the Black Hills to exceed three thousand one hundred acres. If
the total affected acres of large-scale gold or silver mining operation within

the Black Hills equals three thousand one hundred acres, an operator of a
large-scale gold or silver mine within the Black Hills may initiate new
mining operations or expand an existing mining operation only by reclamation
or nonuse of the operator's permitted affected acres, by assignment of rights
obtained from another operator or by reclamation of previously mined, but
unreclaimed lands. The board shall determine whether reclamation or nonuse
has occurred and shall provide the operator with a right to expand an existing
mining operation or initiate new mining operations by an amount equivalent to
the acreage reclaimed or not used.

Section 3. That chapter 45-6B be amended by adding thereto a new section
to read as follows:
The board shall promulgate rules, pursuant to chapter 1-26, to provide
standards to apply to the provisions of section 2 of this Act.

Section 4. That chapter 45-6B be amended by adding thereto a new section
to read as follows:
For purposes of this Act, the Black Hills is defined as Lawrence county
south of Interstate Highway 90, Meade county west and south of Interstate
Highway 90, and Pennington and Custer counties west of South Dakota Highway
79.

 

 



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