SHANTEL KREBS

1992 Ballot Question Text

CONSTITUTIONAL AMENDMENT A

Title: Relating to Term Limitations

Attorney General's Explanation:

The South Dakota Constitution and other state laws do not limit the number of terms of office that may be held by a United States Senator, United States Representative, state senator or representative, attorney general, secretary of state, auditor, treasurer, commissioner of school and public lands, or public utilities commissioner.

The proposed amendment would limit an individual to two consecutive six-year terms (12 years) as a United States Senator, and six consecutive two-year terms (12 years) as a United States Representative, effective as of the 1992 election.

The amendment would limit an individual to two consecutive four-year terms (8 years) as attorney general, secretary of state, auditor, treasurer, or commissioner of school and public lands, effective as of the 1992 election.

This amendment would not place any limit on a public utilities commissioner.

The amendment would limit an individual to four consecutive two-year terms (8 years) as a state Senator or state Representative. This limit would not apply to partial terms to which a legislator may be appointed and to legislative service prior to January 1, 1993.

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

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

"Shall the proposed change to the Constitution be approved?"

Full Text of Constitutional Amendment A:

That section 6, Article III of the Constitution of the state of South

Dakota be amended to read as follows:

Section 6. The terms of office of the members of the Legislature shall be two years; they shall received for their service the salary fixed by law under the provisions of Section 2 of Article XXI of this Constitution, and five cents for every mile of necessary in going to and returning from the place of meeting of the Legislature on the most usual route.

No person may serve more than four consecutive terms or a total of eight consecutive years in the senate and more than four consecutive terms or a total of eight consecutive years in the house of representatives. However, this restriction does not apply to partial terms to which a legislator may be appointed or to Legislative service before January 1, 1993.

A regular session of the Legislature shall be held in each odd-numbered year and shall not exceed forty legislative days, excluding Sundays, holidays and legislative recess, except in cases of impeachment, and members of the Legislature shall received no other pay or perquisites except salary and mileage.

A regular session of the Legislature shall be held in each even-numbered year beginning with the year 1964 and shall not exceed thirty-five legislative days excluding Sundays, holidays and legislative recess, except in cases of the Legislature shall receive no other pay or perquisites except salary and mileage.

That Section 32, Article III of the constitution of the state of South Dakota be amended as follows:

Section 32. Commencing with the 1992 election, no person may be elected to more than two consecutive terms in the United States senate or more than six consecutive terms in the United States house of representatives.

That section 7, Article IV of the Constitution of the state of South Dakota be amended to read as follows:

Section 7. There shall be chosen by the qualified electors of the state at the general election of the Governor and every four years thereafter the following constitutional officers: attorney general, secretary of state, auditor, treasurer, and commissioner of school and public lands, who shall severally hold their offices for a term of four years. Commencing with the 1992 general election, no person may be elected to more than two consecutive terms as attorney general, secretary of state, auditor, treasurer, or commissioner of school and public lands.

REFERRED LAW 1

Title: An act to approve the siting, construction and operation of the Lonetree solid waste disposal facility.

Attorney General's Explanation:

State law requires that before a large-scale solid waste facility is sited, constructed, or operated, the Legislature must enact a bill allowing such activity and declare the facility to be environmentally safe and in the public interest. In 1991, the Legislature enacted a bill, now known as Referred Law #1, which approved the "Lonetree" solid waste disposal facility, subject to the terms and conditions of its solid waste permits, and declared the facility to be environmentally safe and in the public interest.

A Referendum was filed after Referred Law #1 was passed by the Legislature. The law approving the "Lonetree" large-scale waste facility does not become effective unless adopted by the voters. Adoption of the referred law will fulfill the requirements of the existing state law which demands legislative approval of the "Lonetree" solid waste facility. However, the solid waste permits for "Lonetree" have been declared invalid in a court decision. The "Lonetree" facility may not be able to operate even if the referred law is adopted.

A vote "Yes" is for the enactment of the referred law and in favor of the "Lonetree" solid waste disposal facility;

A vote "No" is against the referred law and against the "Lonetree" solid waste disposal facility.

"Shall Referred Law #1 become law?"

Full Text of Referred Law 1:

The Legislature hereby finds that the Lonetree solid waste disposal facility is environmentally safe and in the public interest and approves the siting, construction and operation of the Lonetree solid waste disposal facility near Edgemont, South Dakota, subject to the terms and conditions of permit number 89-7 and permit renewal number 90-20 granted by the board of minerals and environment for the facility. The department of water and natural resources shall make daily inspections of representative samples of solid waste accepted for disposal at the Lonetree solid waste disposal facility for the purpose of monitoring the characteristics and composition of materials accepted at the facility.

INITIATED MEASURE 2

Title: An Act to provide an acreage regulation and reclamation incentive for large-scale gold or silver surface mining.

Attorney General's Explanation:

This proposal would regulate the amount of land disturbed at any one time by a large-scale surface mining operation for gold or silver. The measure prohibits issuing permits to a current mining operation unless it conducts certain reclamation activities on an acre-per-acre basis. The proposed law also prohibits issuing permits to a new mining operation which would disturb more than 320 acres of land, unless it conducts certain reclamation activities on an acre-per-acre basis. Operations could also receive a credit for reclamation of previously mined land not currently covered by a permit.

Required reclamation activities are:

A. Reclaim land that was previously surface mined; or

B. Agree to not disturb land for which a permit has already been given; or

C. Agree to reclaim the affected land as it is being mined, with consent of the Board of Minerals and Environment.

Underground mining operations are not affected. Mine operations which had permits on January 1, 1992, may still disturb such lands, and may request permit amendments to disturb an additional 200 acres, without being subject to this measure.

A vote "Yes" is for the initiative and puts the limits into law;

A vote "No" is against the initiative and prevents it from becoming law;

"Shall the initiated measure become law?"

Full Text of Initiated Measure 2:

Section 1. Title - An Act to provide an acreage regulation and reclamation incentive for large-scale gold or silver surface mining.

Section 2. The legislature of South Dakota finds that protection of the environment requires regulation of the total amount of land that can be disturbed by surface mining by large-scale gold or silver surface mining operations at any given time.

Section 3. The board may not issue a permit for a new large-scale gold or silver surface mining operation if the proposed surface mining disturbed lands under that permit shall exceed 320 acres. Nor may the board issue new permits or amendments to existing permits for new large-scale gold or silver surface mining operations for expanded acres of surface mining disturbed lands until reclamation has been performed in accord with Section 5 of this Act.

Section 4. The board may not issue new permits to or amendments to existing permits for presently operating large-scale gold or silver surface mining operations for expanded acres of surface mining disturbed lands until reclamation has been performed in accord with Section 5 of this Act, except that presently operating large-scale gold or silver surface mining operations shall not be subject to this provision until the permitted acres of surface mining disturbed lands shall total 200 acres more per each individual permit than its permitted surface mining disturbed land total acreage as of January 1, 1992.

Section 5. New permits or amendments to existing permits for expanded acres of surface mining disturbed land for operations referred to in Section 3 and Section 4 of this Act may be issued only if the applicant has performed reclamation on an equal number of acres of permitted affected land, or has agreed not to disturb an equal acreage of permitted affected land, or, with consent of the board, has performed or agrees to perform reclamation concurrently with disturbance of an equal number of acres of previously mined land inside or outside a permit area boundary. For purpose of this Act only, reclamation is performed when the operator completes required grading, topsoil replacement, erosion and drainage control and any required planting and seeding that the department finds meets the requirements of the approved reclamation plan. To qualify for reclamation credit, reclamation activities shall have been conducted after the operator was granted the original large-scale gold or silver surface mining permit and surety for the reclaimed acres of affected land shall not have been released prior to the effective date of this Act. With consent of the board, a large-scale gold or silver surface mining operator may assign reclamation credit acreage to another large-scale gold or silver surface mining operator.

Section 6. The operator of an existing permitted large-scale gold or silver surface mining operation shall submit for board approval, a plan for conducting reclamation activities on lands to be reclaimed for reclamation acreage credit if those lands are not otherwise covered by an existing surety and reclamation plan authorized under this chapter. The plan for conducting reclamation shall include a detailed description of those activities to be conducted to reclaim the lands proposed for reclamation credit, a time schedule for conducting those activities, the post-reclamation land use of the lands, a post-reclamation map, and the estimated cost of conducting the reclamation. The plan shall be submitted as part of the application for any new permit or amendment to any existing permit that would cause an increase in an existing operator's permitted affected lands and shall be considered a procedural completeness requirement.

Section 7. Presently operating or new underground mining operations shall not be subject to the provisions of this Act.

INITIATED MEASURE 3

Title: An Act to reduce property taxes and to repeal the sales tax on groceries, clothing and utilities by imposing a personal and corporate income tax and distributing the revenue therefrom.

Attorney General's Explanation:

The initiated measure would establish an income tax, based on federal tax returns, on every resident or non-resident individual, estate, or trust in South Dakota. It would also enact a tax on the net income of every corporation doing business in the state, except mining, banks, and insurance corporations. The tax would be collected by the state Department of Revenue.

After administration costs for collecting the tax are deducted, 15% of the revenue generated from the tax would go into the state general fund. An amount equal to 20% of the 1994 property taxes would go to counties for the purpose of a property tax credit toward the taxpayer's annual property tax share. The remainder of the tax would be distributed to schools in the state.

The measure would prohibit state taxes on the sale or use of groceries, clothing, and utilities in the state, but would allow municipalities to tax those items.

A vote "Yes" is for enactment of the initiated measure into law;

A vote "No" is against the initiated measure becoming law;

"Shall the initiated measure become law?"

Full Text of Initiated Measure 3:

Section 1. Title - An Act to reduce property taxes and to repeal the sales tax on groceries, clothing and utilities by imposing a personal and corporate income tax and distributing the revenue therefrom.

Section 2. No tax may be imposed for state purposes on the sale or use of groceries as defined in SDCL 10-52-2.5, nor on the sale or use of clothing, nor on the sale or use of utilities. For the purposes of this Act, clothing does not include jewelry, furs or non-prescription eyeware. For the purposes of this Act, utilities include natural gas, propane, fuel oil, electricity and water. This section may not be construed to prohibit a municipality from taxing such items pursuant to SDCL 10-52.

Section 3. After the cost of administration fifteen percent of the revenue generated from the tax imposed by this Act each year shall be deposited in the state general fund. An amount equal to twenty percent of property taxes payable in 1994 and each year thereafter shall be deposited in the property tax relief fund created in section 4 of this Act. The remainder of the revenue received each year from the tax imposed by this Act shall be distributed to school districts by the state.

Section 4. There is created in the state treasury a property tax relief fund which is continuously appropriated to the secretary of revenue for distribution to counties. Each county shall receive an amount equal to the ratio of the property taxes payable in such county to the total property taxes payable in the state. Each taxpayer in the county shall receive an amount equal to the ratio of the property taxes payable by such taxpayer to the total property taxes payable in the county. Each taxpayer's share shall be a credit against the property taxes such taxpayer owes or has paid for that tax year.

Section 5. There is imposed a tax on the federal taxable income of every resident and nonresident individual, estate and trust, and a tax on the net income of every domestic and foreign corporation doing business in this state. The tax rate on individuals, estates and trusts is two percent on federal taxable income from $0 to $20,000; four percent on federal taxable income from $20,001 to $40,000; and six percent on federal taxable income over $40,000. The tax rate on corporations is two percent on net income from $0 to $20,000; four percent on net income from $20,001 to $40,000; and six percent on net income over $40,000.

Section 6. Every individual, estate, trust and corporation subject to the tax imposed by this Act shall make a return and pay any tax owed by April fifteenth of each year for the preceding tax year or by the date required for federal income tax purposes for such individual, estate, trust or corporation. The secretary of the department of revenue shall promulgate rules for the collection of the tax and may enter into a compact with the internal revenue service for the collection of the tax. The collection of the tax shall be in the same manner as the collection of the federal income tax when appropriate.

Section 7. The tax imposed by this Act does not apply to any individual or corporation taxed under SDCL 10-39, 10-43 or 10-44. Any individual, estate, trust, association or corporation with an exemption from federal income tax is exempt from the tax imposed by this Act to the extent that any income is exempt from the federal income tax.

Section 8. The effective date of this Act is January first of the year immediately following passage of this Act.

INITIATED MEASURE 4

Title: An act to repeal the video lottery.

Attorney General's Explanation:

In 1989, the Legislature authorized the South Dakota Lottery Commission to offer video lottery games to the public. The Commission has implemented rules for conducting games and has given licenses for machines throughout the state. Income from video lottery games is split between the state general fund, and the private sector.

If passed, this initiative would repeal all statutory provisions authorizing video lottery games.

A vote "yes" is for enactment of the initiated measure into law and would repeal video lottery.

A vote "no" is against the initiated measure becoming law and leaves video lottery as it is.

"Shall the initiated measure become law?"

Full Text of Initiated Measure 4:

Section 1. An act to repeal the video lottery.

Section 2. The effective date of this act is July 1, 1993.

Section 3. That subdivisions (1), (3), (6), (11), (15), (16), (17), and (18) of SDCL 42-7A-1 be repealed.

Section 4. That subdivision (4) of SDCL 42-7A-4 be amended to read as follows:

(4) Contract with and license persons for the sale of lottery tickets and the offering of video lottery games to the public, as provided by this chapter and rules adopted pursuant thereto;

Section 5. That subdivision (6) of SDCL 42-7A-4 be amended to read as follows:

(6) Require lottery retailers and persons licensed pursuant to this chapter to furnish proof of financial stability or furnish surety in an amount based upon the expected volume of sales of lottery tickets or net machine income;

Section 6. That subdivision (11A) of SDCL 42-7A-4 be repealed.

Section 7. That SDCL 42-7A-13 be amended to read as follows:

42-7A-13. To be selected as a lottery retailer or video lottery machine operator, a natural person acting as a sole proprietor shall:

(1) Be at least eighteen years of age;

(2) Be of good character and reputation in the community;

(3) Have sufficient financial resources to support the activities required to sell lottery tickets or place and service video lottery machines; and

(4) Be current in payment of all taxes, interest and penalties owed to the state of South Dakota, excluding items under formal dispute or appeal pursuant to applicable statutes.

Section 8. That SDCL 42-7A-14 be amended to read as follows:

42-7A-14. No natural person may be selected as a lottery retailer or video lottery machine operator, who:

(1) Has been convicted of a felony in this or any other jurisdiction, unless at least ten years have passed since satisfactory completion of the sentence or probation imposed by the court in each such felony;

(2) Has been found to have violated the provisions of this chapter or any rule adopted pursuant to this chapter;

(3) Is a lottery vendor or an employee or agent of any lottery vendor doing business with the South Dakota lottery;

(4) Is a member of the immediate family, as defined in SDCL 42-7A-33, of an employee of the South Dakota lottery or of a member of the South Dakota lottery commission; or

(5) Has knowingly made a false statement of material fact to the South Dakota lottery.

Section 9. That SDCL 42-7A-15 be amended to read as follows:

42-7A-15. For a partnership to be selected as a lottery retailer or video lottery machine operator, the partnership shall meet the requirements of subdivisions (3) and (4) of SDCL 42-7A-13, and each partner thereof shall meet the requirements of subdivisions (1) and (2) of SDCL 42-7A-13 and subdivisions (1) to (5), inclusive, of SDCL 42-7A-14.

Section 10. That SDCL 42-7A-16 be amended to read as follows:

42-7A-16. For an association or corporation to be selected as a lottery retailer or video lottery machine operator, the association or corporation shall meet the requirements of subdivisions (3) and (4) of SDCL 42-7A-13, and each officer and director and each stockholder who owns ten percent or more of the stock of such association or corporation shall meet the requirements of subdivisions (1) and (2) of SDCL 42-7A-13 and subdivisions (1) to (5), inclusive, of SDCL 42-7A-14.

Section 11. That subdivision (7) of SDCL 42-7A-21 be amended to read as follows:

(7) Additional qualifications for the selection of lottery retailers, video lottery machine manufacturers, distributors or operators and the amount of application fees to be paid by each;

Section 12. That subdivisions (10), (11), (12), (13), (15), and (17) of SDCL 42-7A-21 be repealed.

Section 13. That the last paragraph of SDCL 42-7A-21 be repealed.

Section 14. That SDCL 42-7A-24 be amended to read as follows:

42-7A-24. Net proceeds from the sale of instant and on-line lottery tickets shall be transferred to the state general fund on an annual basis. The commission shall maximize the net proceeds to the state from the sale of instant and on-line lottery tickets, which shall be transferred to the state general fund each fiscal year commencing from and after October 1, 1988. Commencing in fiscal year 1992, the annual transfer shall be made after July first each year. In no event may yearly lottery expenses incurred in a fiscal year for the sale of lottery tickets exceed the amount of net proceeds transferred to the state general fund. Net machine income from video lottery games shall be directly deposited in the state general fund upon receipt. Net proceeds are funds in the lottery operating fund which are not needed for the payment of prizes, lottery expenses, and retained earnings deemed necessary by the executive director and commission for operating contingencies of the lottery.

Beginning July 1, 1991, the bureau of finance and management shall transfer an amount equal to the net proceeds from the sale of on-line lottery tickets collected pursuant to SDCL 42-7A-24 from the state general fund to the corrections facility construction fund on an annual basis.

Section 15. That SDCL 42-7A-36 be amended to read as follows:

42-7A-36. No person may have in his possession, custody, or under his control or permit to be kept in any place under his possession or control, any device that awards credits and contains a circuit, meter or switch capable of removing and recording the removal of credits when the award of credits is dependent upon chance. A violation of this section is a Class 6 felony. All devices described in this section are hereby declared to be public nuisances. The provisions of this section do not apply to devices or electronic video game machines licensed pursuant to this chapter.

Section 16. That SDCL 42-7A-37 to SDCL 42-7A-48, inclusive, be repealed.