Compiled by the Office of Secretary of State Joyce Hazeltine
SDCL 12-13-23 requires the Office of the
Secretary of State to prepare and distribute public information
concerning constitutional amendments, initiatives and referred
measures. This pamphlet is prepared by soliciting statements from
the proponents and opponents of amendments and measures.
The title, explanation and effect of a vote for each ballot question
were provided by the Attorney General. No other statements on this
pamphlet reflect the opinion of the State or the Attorney General.
The information was compiled by the Secretary of State as supplied
by the writers, was not verified by the Secretary of State and does
not reflect the position of the State regarding the legality or
effect of the amendments or measures. The Secretary of State does
not guarantee the accuracy of any claims made by the proponent or
opponent writers in this brochure.
Each year, the entire Legislature appropriates
money which may be spent only for specific, approved purposes.
Amendment B would allow the Legislature to create
a joint legislative committee to act when the Legislature is not in
session. This committee would have the power to approve funding
transfers and change the purposes for which the transferred funds
were initially appropriated.
A vote "Yes" will allow a joint legislative
committee to approve funding changes when the Legislature is not in
A vote "No" will leave the Constitution as it is.
Pro - Constitutional Amendment B
The South Dakota State Legislature is in session for only part of
each year, 35 days in even numbered years and 40 days in odd
numbered years. When the Legislature is not in session, fiscal and
budget matters are overseen by the Legislative Interim
Appropriations Committee. In the past, there has been some
uncertainty within State Government as to the extent of the
authority of the Interim Appropriations Committee to act on behalf
of the full Legislature.
The Executive Branch is responsible for the day-to-day operation of
the State Government, but may only spend money on behalf of the
State as set out in the annual budget approved by the Legislature
when it is in session. In running State Government, the Executive
Branch has occasionally found it is in the best interests of the
State to transfer appropriated monies from one part of the annual
budget to another part of the annual budget. Appropriated funds do
not include funds provided to South Dakota by the federal government
for particular programs and projects. When making such transfers
when the Legislature is not in session, the Executive Branch has
normally so informed the Legislative Interim Appropriations
The proposed amendment to the State Constitution would grant the
Legislature constitutional authority to authorize the Interim
Appropriations Committee, when the Legislature is not in session, to
approve or disapprove transfers of appropriated funds prior to such
transfers being made. The Executive Branch would thus be required to
get approval from the Interim Appropriations Committee before making
transfers of funds as appropriated in the budget.
Passage of this constitutional amendment will eliminate a grey area
of responsibility between the Executive and Legislative branches of
state government. It will clarify how the Legislature is to perform
its constitutional and statutory duties as watch dog of our taxpayer
Submitted by: Rep. Roger Hunt, P.O. Box 827, Brandon, SD 57005. Rep.
Con - Constitutional Amendment B
Opponents to Amendment B declined to provide a Con statement.