1996 South Dakota Ballot Questions Text and Explanations
Title: An amendment to Article VIII, section 11 of the Constitution of the
State of South Dakota, relating to the investment of permanent education funds.
Attorney General Explanation:
The Commissioner of School and Public Lands currently invests the permanent
school and other education funds. These funds may be invested only in U.S.
bonds, securities guaranteed by the U.S., or bonds issued by the State or its
schools, counties or municipalities.
The proposed constitutional amendment would transfer school fund investment
responsibility to the State Investment Council, which presently invests other
state funds. The amendment would allow the school funds to be invested the same
as other state funds. The amendment would broaden the types of investments which
could be made with school funds, but would still prohibit the investment of
school funds in stocks or other equity investments.
A vote "yes" would transfer investment responsibility to the Investment
Council, thus broadening the types of investments which could be made with
school funds.
A vote "no" would leave the Constitution as it is.
Full Text of Constitutional Amendment A:
That Article VIII, Section 11 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 state investment council.
Title: An amendment to Article XI of the Constitution of the State of South
Dakota, relating to the vote required to impose or increase taxes.
Attorney General Explanation:
The Constitution presently allows new taxes to be imposed by majority vote of
the Legislature. A majority vote is also required to increase some tax rates;
other tax rate increases require either a two-thirds vote of the Legislature, or
enactment by a statewide public vote (initiative).
The proposed amendment would require that any new tax, and any increase in
the rate of any tax, be approved by two-thirds of each branch of the
Legislature, or enacted by the people through initiative.
The proposed amendment applies only to taxes levied by the State. It does not
apply to taxes imposed by a local government, such as a county, city, or school.
A vote "yes" would require a two-thirds vote of the Legislature to enact new
taxes or to increase some existing taxes.
A vote "no" would leave the Constitution as it is.
Full Text of Constitutional Amendment B:
That Article XI of the Constitution of the state of South Dakota be amended
by adding there to a NEW SECTION to read as follows:
14. The rate of taxation imposed by the State of South Dakota in regard to
any tax may not be increased and no new tax may be imposed by the State of South
Dakota unless by consent of the people by exercise of their right of initiative
or by two-thirds vote of all the members elect of each branch of the
Legislature.
Title: An Act requiring South Dakota's Congressional delegation to use their
powers to adopt a congressional term limits amendment to the United States
Constitution.
Attorney General's Explanation:
This initiated law would require the U.S. Senators and Representative from
South Dakota to use all of their powers to support an amendment to the U.S.
Constitution which establishes congressional term limits of three terms for a
Representative and two terms for a Senator. If the incumbent Senators and
Representative do not use their powers in eight designated situations to support
a term limits amendment, the Secretary of State would be required to place the
words "Disregarded Voter's Instruction on Term Limits" on the ballot next to
that candidates name at his/her next election. A candidate who is not currently
in the Senate or the House would be given an opportunity to take a pledge
supporting term limits and agreeing, if elected, to use his/her powers to enact
the amendment. The Secretary of State would be required to place the words
"Declined to Pledge to Support Term Limits" on the ballot next to the name of a
candidate who refused to pledge. These restrictions would continue until a
constitutional amendment establishing term limits is enacted by Congress and
ratified by the states.
A vote "YES" would require the Congressional delegation to support
congressional term limits in eight designated situations.
A vote "NO" would not impose such a requirement.
Full Text of Initiated Measure 1:
Section 1. For the purposes of this Act, a congressional term limits
amendment is any amendment to the United States Constitution which is defined as
follows:
Section a. No person shall serve in the office of United States
Representative for more than three terms, but upon ratification of this
amendment no person who has held the office of United States Representative or
who then holds the office shall serve for more than two additional terms.
Section b. No person shall serve in the office of United States Senator for
more than two terms, but upon ratification of this amendment no person who has
held the office of United States Senator or who then holds the office shall
serve more than one additional term.
Section c. This article shall have no time limit within which it must be
ratified by the legislatures of three-fourths of the several states.
Section 2. Each member of the state's congressional delegation shall use all
of their powers to pass a congressional term limits amendment.
Section 3. All primary and general election ballots shall have printed the
information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" adjacent to the
name of any United States Senator or Representative from South Dakota who:
(1) Fails to vote in favor of a proposed congressional term limits amendment,
as defined by this Act, when brought to a vote;
(2) Fails to second a proposed congressional term limits amendment, as
defined by this Act, if it lacks for a second before any proceeding of the
legislative body;
(3) Fails to propose or otherwise bring to a vote of the full legislative
body a proposed congressional term limits amendment, as defined by this Act, if
it otherwise lacks a legislator who so proposes or brings to a vote of the full
legislative body a proposed congressional term limits amendment as defined by
this Act;
(4) Fails to vote in favor of all votes bringing a proposed congressional
term limits amendment, as defined by this Act, before any committee or
subcommittee of the respective house upon which the member serves;
(5) Fails to reject any attempt to delay, table, or otherwise prevent a vote
by the full legislative body of a proposed congressional term limits amendment
as defined by this Act;
(6) Fails to vote against any proposed constitutional amendment that would
establish longer term limits than those set forth in section 1 of this Act
regardless of any other actions in support of a proposed congressional term
limits amendment as defined by this Act;
(7) Sponsors or cosponsors any proposed constitutional amendment or law that
establishes longer terms limits than those set forth in section 1 of this Act;
or
(8) Fails to ensure that all votes on a congressional term limits amendment
are recorded and made available to the public.
Section 4. The information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS"
may not appear adjacent to the names of incumbent candidates for Congress if a
congressional term limits amendment, as defined by this Act, is before the
states for ratification or has become part of the United States Constitution.
Section 5. Non-incumbent candidates for the Unites States Senate and House of
Representatives shall be given an opportunity to take a term limits pledge when
the candidate files to run for such office. Any non-incumbent candidate who
declines to take the term limits pledge shall have the information "DECLINED TO
PLEDGE TO SUPPORT TERMS LIMITS" printed adjacent to the candidate's name on
every primary and general election ballot.
Section 6. The term limits pledge provided by section 5 of this Act shall be
offered to non-incumbent candidates for the United States Senate and House of
Representatives until a congressional terms limits amendment, as defined by this
Act, has been ratified by the states.
Section 7. The term limits pledge that each non-incumbent candidate, as
provided by section 5 of this Act, shall be offered is as follows: I support
term limits and pledge to use all my legislative powers to enact a congressional
term limits amendment as defined by this Act. If elected, I pledge to vote in
such a way that the designation "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS"
will not appear adjacent to my name.
__________________________________________________________ Signature of
Candidate
Section 8. The secretary of state shall make an accurate determination as to
whether the information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" or
"DECLINED TO PLEDGE TO SUPPORT TERM LIMITS" is placed adjacent to a candidate's
name on the election ballot pursuant to this Act.
Section 9. The secretary of state shall consider timely submitted public
comments prior to making the determination required in section 8 of this Act.
Section 10. The secretary of state, in accordance with section 8 of this Act
shall determine and declare what information, if any, shall appear adjacent to
the names of each incumbent member of the United States Senate or House of
Representatives if the member is a candidate in the next election, This
determination and declaration shall be made in a timely manner to ensure the
orderly printing of primary and general election ballots with allowance made for
all legal action as provided in sections 11 and 12 of this Act. This
determination and declaration shall be based upon the member's action during the
member's current term of office and any action taken in any concluded term, if
the action was taken after the determination and declaration was made by the
secretary of state in a previous election.
Section 11. If the secretary of state makes the determination that the
information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" or "DECLINED TO
PLEDGE TO SUPPORT TERM LIMITS" is not to be placed on the ballot adjacent to the
name of a candidate as provided by this Act, any elector may appeal such
decision within five business days to the South Dakota Supreme Court as an
original action or shall waive any right to appeal such decision. The burden of
proof shall be upon the secretary of state, relying on information provided by
the candidate, to demonstrate by clear and convincing evidence that the
candidate has met the requirements set forth in this Act and therefore should
not have the information "DISREGARDED VOTERS' INSTRUCTION OF TERM LIMITS" or
"DECLINED TO PLEDGE TO SUPPORT TERM LIMITS" printed on the ballot adjacent to
the candidate's name.
Section 12. If the secretary of state determines that the information
"DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" or "DECLINED TO PLEDGE TO
SUPPORT TERM LIMITS" shall be placed on the ballot adjacent to a candidate's
name, the candidate may appeal such decision within five business days to the
South Dakota Supreme Court as an original action or shall waive any right to
appeal such decision. The burden of proof shall be upon the candidate to
demonstrate by clear and convincing evidence that the candidate should not have
the information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" or "DECLINED TO
PLEDGE TO SUPPORT TERM LIMITS" printed on the ballot adjacent to the candidate's
name.
Section 13. The Supreme Court shall hear the appeal provided for in sections
11 and 12 of this Act within twenty days and issue a decision not later than
thirty days before the date of the primary election and sixty days before the
date of the general election.
Section 14. Upon the ratification of a congressional term limits amendment as
defined by this Act, this Act shall be repealed.
Section 15. Any legal challenge to this act shall be filed as an original
action before the Supreme Court of this state.
Section 16. If any portion, clause, or phrase of this initiative is, for any
reason, held to be invalid or unconstitutional by a court of competent
jurisdiction, the remaining portions, clauses, and phrases shall not be
affected, but shall remain in full force and effect.
