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.