SHANTEL KREBS

1996 South Dakota Ballot Questions Text and Explanations

Constitutional Amendment A

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.

Constitutional Amendment B

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.

Initiated Measure 1

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.