Ballot Questions Tex and Explanations - Ballot Questions (text based)

1994 South Dakota Ballot Questions

1994 South Dakota Ballot Questions

(Text based)

1994 SOUTH DAKOTA BALLOT QUESTIONS

Constitutional Amendment A

Title: An amendment to section 9 of Article VIII of the Constitution of the state of South Dakota, relating to the taxation of leased school and public lands.

Explanation:

The Commissioner of School and Public Lands leases state lands to individuals for agricultural purposes. The proposed amendment would allow the Legislature to pass laws requiring a person leasing lands from the Commissioner, to pay property taxes on his/her interest in the leases.

A vote "YES" will allow taxation of private leases on state-owned lands.

A vote "NO" will leave the Constitution unchanged.

Full Text of Constitutional Amendment A:

That section 9, Article VIII of the Constitution of the state of South Dakota be amended to read as follows:

 9. The lands mentioned in this article shall be leased for pasturage, meadow, farming, the growing of crops of grain and general agricultural purposes, and at public auction after notice as hereinbefore provided in case of sale and shall be offered in tracts not greater than one section. All rents shall be payable annually in advance, and no term of lease shall exceed five years, nor shall any lease be valid until it receives the approval of the Governor.

Provided, that any lessee of school and public lands shall, at the expiration of a five-year lease, be entitled, at his option, to a new lease for the land included in his original lease, for a period of time not exceeding five years, without public advertising, at the current rental prevailing in the county in which such land is situated, at the time of the issuance of the new lease. The commissioner of school and public lands shall notify by registered mail each lessee or assignee on or before the first day of November first preceding the expiration of his lease that such lease will expire.

Such option shall be exercised by the lessee by notifying the commissioner of school and public lands by registered mail, on or before the first day of December first preceding the expiration of his lease describing the lands for which he desires a new lease, in the same manner as the same is described in his original lease.

The Legislature may provide by appropriate legislation for the payment of local property taxes by the lessees of school and public lands.

Constitutional Amendment B

Title: An amendment to section 2 of Article VII of the Constitution of the state of South Dakota, relating to the minimum age to vote.

Explanation:

The Constitution requires that a citizen be 18 years old before (s)he can vote in any election. The proposed amendment allows a 17-year-old, whose 18th birthday is on or before the November general election, to vote in all elections held that year. These other elections include primary, school district and municipal elections.

A vote "YES" will change the voting age.

A vote "NO" will leave the voting age as it is.

Full Text of Constitutional Amendment B:

That Article VII section 2 of the Constitution of the state of South Dakota be amended to read as follows:

 2. Every United States citizen who has attained the age of eighteen years of age or older on or before the date of the general election who has met all residency and registration requirements shall be entitled to vote in all elections and upon all questions submitted to the voters of the state in the calendar year in which such citizen has attained the age of eighteen years unless disqualified by law for mental incompetence or the conviction of a felony. The Legislature may by law establish reasonable requirements to insure the integrity of the vote.

Each elector who qualified to vote within a precinct shall be entitled to vote in that precinct until he establishes another voting residence. An elector shall never lose his residency for voting solely by reason of his absence from the state.

Constitutional Amendment C

Title: An amendment to section 11 of Article VIII of the Constitution of the state of South Dakota, relating to the investment of permanent educational funds.

Explanation:

The Constitution now allows the State's permanent school fund to be invested in: U.S. bonds; securities guaranteed by the U.S.; and bonds issued by our state or local governments. The proposed amendment would allow the fund to be invested in: school bonds; certificates of deposit issued by South Dakota banks; investment grade corporate stock; U.S. government guaranteed bonds; and agency securities and obligations. Up to 50% of the fund could be invested in common stock. The Legislature's authority to regulate investments would be transferred to the Commissioner of School and Public Lands.

A vote "YES" will change how the permanent school fund is invested.

A vote "NO" will leave the manner of investment as it is.

Full Text of Constitutional Amendment C:

That section 11, Article VIII of the Constitution of the state of South Dakota be amended to read as follows:

 11. The moneys of the permanent school and other educational funds shall be invested by the commissioner of school and public lands, consistent with the prudent man rule, in certificates of deposit or other like obligations issued by banks domiciled in or located in this state, in bonds of the state of South Dakota or in bonds of any school corporation, in one hundred percent United States government guaranteed bonds, in agencies guaranteed by the United States, in investment grade corporate debt and in common stocks up to fifty percent.

Constitutional Amendment D

Title: An amendment to section 3 of Article III of the Constitution of the state of South Dakota, relating to the qualifications for legislative office.

Explanation:

The Constitution now requires a citizen to be 25 years old before (s)he can become a state legislator.

A vote "YES" will lower the minimum age to 18 for citizens to hold the office of State Senator or State Representative.

A vote "NO" will leave the minimum age for state legislators at 25 years.

Full Text of Constitutional Amendment D:

That Article III, section 3 of the Constitution of the state of South Dakota be amended to read as follows:

 3. No person is eligible to the office of senator who is not a qualified elector in the district from which such person is chosen, a citizen of the United States, and who has not been a resident of the state for two years next preceding election.

No person is eligible to the office of representative who is not a qualified elector in the district from which such person is chosen, a citizen of the United States, and who has not been a resident of the state for two years next preceding election.

No judge or clerk of any court, secretary of state, attorney general, state's attorney, recorder, sheriff or collector of public moneys, member of either house of Congress, or person holding any lucrative office under the United States, or this state, or any foreign government, shall be a member of the Legislature: provided, that appointments in the militia, the offices of notary public and justice of the peace shall not be considered lucrative; nor shall any person holding any office of honor or profit under any foreign government or under the government of the United States, except postmasters whose annual compensation does not exceed the sum of three hundred dollars, hold any office in either branch of the Legislature or become a member thereof.

Constitutional Amendment E

Title: An amendment to section 25 of Article III of the Constitution of the state of South Dakota, relating to the state lottery and video games of chance.

Explanation:

The Constitution authorizes the State to own, operate and regulate a "lottery," but prohibits "games of chance." In June 1994, the Supreme Court ruled that the current video lottery system, created in 1989, is a "game of chance" rather than a "lottery".

This amendment allows the lottery system to continue operating as it did before the court decision. The amendment will discourage lawsuits against the state treasury. The amendment also prohibits expansion of private ownership, and prohibits state-wide slot machines.

A vote "YES" will reauthorize the state lottery system.

A vote "NO" will prohibit the video lottery system.

Full Text of Constitutional Amendment E:

That Article III, section 25 of the Constitution of the state of South Dakota be amended to read as follows:

 25. The legislature shall not authorize any game of chance, lottery, or gift enterprise, under any pretense, or for any purpose whatever provided, however, it shall be lawful for the Legislature to authorized by law, bona fide veterans, charitable, educational, religious or fraternal organizations, civic and service clubs, volunteer fire departments, or such other public spirited organizations as it may recognize, to conduct games of chance when the entire net proceeds of such games of chance are to be devoted to educational, charitable, patriotic, religious, or other public spirited uses. However, it shall be lawful for the Legislature to authorize by law a state lottery or video games of chance, or both, which are regulated by the state of South Dakota, either separately by the state or jointly with one or more states, and which are owned and operated by the state of South Dakota, either separately by the state or jointly with one or more states or persons, provided any such video games of chance shall not directly dispense coins or tokens. However, the Legislature shall not expand the statutory authority existing as of June 1, 1994, regarding any private ownership of state lottery games or video games of chance, or both. The Legislature shall establish the portion of proceeds due the state from such lottery or video games of chance, or both, and the purposes for which those proceeds are to be used. SDCL 42-7A, and its amendments, regulations, and related laws, and all acts and contracts relying for authority upon such laws and regulations, beginning July 1, 1987, to the effective date of this amendment, are ratified and approved. Further, it shall be lawful for the Legislature to authorize by law, limited card games and slot machines within the city limits of Deadwood, provided that 60% of the voters of the City of Deadwood approve legislatively authorized card games and slot machines at an election called for such purpose. The entire net Municipal proceeds of such card games and slot machines shall be devoted to the Historic Restoration and Preservation of Deadwood.

Initiated Measure 1

Title: Property tax reform.

Explanation:

The initiated measure caps real property taxes at one percent of the property's assessed value. The measure freezes real property tax assessments at the January 1, 1995, level. After January 1, 1995, real property tax assessments cannot be raised or lowered unless the property changes ownership or new construction is completed, and in either case, could not be increased by more than one and one-quarter percent.

A vote "YES" will adopt the Initiated Measure.

A vote "NO" will reject the Initiated Measure.

Full Text of Initiated Measure 1:

1. Effective January 1, 1995, the tax levy for all agencies cannot exceed 1% of the property's assessed value.

2. Thereafter, real property assessments can only be made when there is a change of ownership, or a new construction completed, and may not be increased by more than 1.25% regardless of the rate of inflation.

Referred Law 2

Title: An Act to require the use of safety belt systems in passenger vehicles.

Explanation:

This law would require front seat occupants of cars, vans, motor homes, or trucks, to wear seat belts. Vehicles manufactured before September 1, 1973, motorcycles, buses, farm tractors, and certain other vehicles, are exempted. Drivers must require that front seat passengers under 18 wear seat belts. Current law already requires that children under 5 be in seat belts and children under 2 be in child safety seats.

Violation of this law is a petty offense with a $20 civil fine. Violators may be ticketed for this offense only if the vehicle is stopped for some other reason.

A vote "YES" will require front seat occupants to wear seat belts.

A vote "NO" will not require the use of seat belts.

Full Text of Referred Law 2:

Section 1. Except as provided in chapter 32-37 and section 3 of this Act, every operator and front seat passenger of a passenger vehicle operated on a public highway in this state shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in forward motion. The driver of the passenger vehicle shall secure or cause to be secured a properly adjusted and fastened safety seat belt system on any passenger in the front seat who is at least five years of age but younger than eighteen years of age. Any violation of this section is not a moving traffic offense under the provisions of  32-12-49.1.

Section 2. For the purposes of this Act, a passenger vehicle is any self-propelled vehicle intended primarily for use and operation on the public highways including passenger cars, station wagons, vans, taxicabs, emergency vehicles, motor homes, trucks, and pickups. The term does not include motorcycles, motor scooters, motor bicycles, motorized bicycles, passenger buses, and school buses. The term also does not include farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations.

Section 3. The provisions of section 1 of this Act do not apply to:

(1) Any occupant of a passenger vehicle manufactured before September 1, 1973;

(2) Any occupant of a passenger vehicle who possesses a written statement from a doctor licensed under chapter 36-4 or 36-5 that the individual is unable for medical reasons to wear a safety seat belt system;

(3) Any occupant of a vehicle not equipped with a safety seat belt system because federal law does not require that vehicle to be so equipped; or

(4) Any rural carrier of the United States postal service while serving his rural postal route or any person delivering newspapers or periodicals on an assigned home delivery route.

Section 4. Failure to comply with the provisions of this Act does not constitute contributory negligence, comparative negligence or assumption of the risk. Failure to comply with the provisions of this Act may not be introduced as evidence in any criminal litigations other than a prosecution under this Act or in any civil litigation on the issue of injuries or on the issue of mitigation of damages.

Section 5. Enforcement of this Act by state or local law enforcement agencies shall be accomplished as a secondary action. A violation of this Act is a petty offense.

Section 6. The effective date of section 5 of this Act is January 1, 1995.