2000 Approved Constitutional Amendments and Initiated Measure
The following amendments to the
State Constitution were approved by the voters at the November 7, 2000 general
election.
Article VIII, § 2. All proceeds of
the sale of public lands that have heretofore been or may hereafter be given by
the United States for the use of public schools in the state; all such per
centum as may be granted by the United States on the sales of public lands; the
proceeds of all property that shall fall to the state by escheat; the proceeds
of all gifts or donations to the state for public schools or not otherwise
appropriated by the terms of the gift; and all property otherwise acquired for
public schools, shall be and remain a perpetual fund for the maintenance of
public schools in the state. It shall be deemed a trust fund held by the state.
The principal shall never be diverted by legislative enactment for any other
purpose, and may be increased; but, if any loss occurs through any
unconstitutional act, the state shall make the loss good through a special
appropriation.
Article VIII, § 3. The interest and
income of this fund together with all other sums which may be added thereto by
law, shall be faithfully used and applied each year for the benefit of the
public schools of the state, and shall be for this purpose apportioned among and
between all the several public school corporations of the state in proportion to
the number of children in each, of school age, as may be fixed by law; and no
part of the fund, either principal or interest, shall ever be diverted, by
legislative enactment, even temporarily, from this purpose or used for any other
purpose whatever than the maintenance of public schools for the equal benefit of
all the people of the state. However, before the interest and income is
apportioned to the public schools, the principal shall be increased each year by
an amount equal to the rate of inflation from the interest and income earned
from this fund. The principal may be prudently invested as provided by law.
The proceeds of all fines collected
from violations of state laws shall be paid to the county treasurer of the
county in which the fine was imposed, and distributed by the county treasurer
among and between all of the several public schools incorporated in such
county in proportion to the number of children in each, of school age, as may be
fixed by law.
Article VIII, § 7. All lands, money,
or other property donated, granted , or received from the United States or any
other source for a university, agricultural college, normal schools , or other
educational or charitable institution or purpose, and the proceeds of all such
lands and other property so received from any source, shall be and remain
perpetual funds, the interest and income of which, together with the rents of
all such lands as may remain unsold, shall be inviolably appropriated and
applied to the specific objects of the original grants or gifts. The principal
of every such fund may be increased, but shall never be diverted by legislative
enactment for any other purpose, and the interest and income only shall be used.
Every such fund shall be deemed a trust fund held by the state, and the state
shall make good all losses that may occur through any unconstitutional act or
where required under the Enabling Act.
Article VIII, § 11. Except as
otherwise required by the Enabling Act, the moneys of the permanent school and
other educational and charitable funds shall be invested by the state investment
council in stocks, bonds, mutual funds, and other financial instruments as
provided by law.
Article VIII, § 13. The permanent
school or other educational and charitable funds of this state shall be
audited by the proper authorities of the state. If any loss occurs through any
unconstitutional act, the state shall make the loss good through a special
appropriation. The amount of indebtedness so created shall not be counted as a
part of the indebtedness mentioned in article XIII, § 2.
Article VIII, § 15. The Legislature
shall make such provision by general taxation and by authorizing the school
corporations to levy such additional taxes as with the income from the permanent
school fund shall secure a thorough and efficient system of common schools
throughout the state. The Legislature is empowered to classify properties within
school districts into separate classes for purposes of school taxation. Taxes
shall be uniform on all property in the same class.
Article IX, § 4. On or after January
1, 2001, the voters of any unit of local government shall have the right to
initiate proposals for cooperation within or between local governmental units,
either within or without the state, except as the Legislature shall provide
otherwise by law. Such proposals may include combining, eliminating, and joint
financing of offices, functions, and governmental units. Such proposals shall be
adopted if approved at an election by a majority of the votes cast thereon in
each affected unit. A number not less than fifteen percent of those voting in
the last preceding gubernatorial election in each affected jurisdiction may by
petition initiate the question of whether to adopt the proposal at the next
general election.
Article XI, § 15. No tax may be
levied on any inheritance, and the Legislature may not enact any law imposing
such a tax. The effective date of this section is July 1, 2001.
The following statutory initiative
was approved by the voters at the November 7, 2000 general election.
SDCL 42-7B-14. The maximum amount of
an initial bet or subsequent bet on all games subject to this chapter is the
maximum bet limit (one hundred dollars) allowed on blackjack in any jurisdiction
in South Dakota in effect on January 1, 1999.
