2000 Ballot Question Texts and Attorney General Explanations
The following amendments to the State
Constitution are submitted to the voters by initiative or by the Legislature.
The amendments will not become effective unless approved by majority vote.
Title: An amendment to Article VIII of the South Dakota
Constitution relating to classification of property for purposes of taxation.
Attorney General Explanation:
The Constitution permits the Legislature to
classify real property for school taxation purposes, but limits agricultural
property to a single class.
Amendment A would permit the Legislature to
establish multiple classes of agricultural property for school taxation
purposes.
A vote "Yes" will allow multiple classes of
agricultural property for school taxation purposes.
A vote "No" will leave the Constitution as it is.
Full Text of Constitutional Amendment A: That Article VIII, section 15 of the
Constitution of the State of South Dakota, be amended to read as follows:
§ 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, and may constitute agricultural property a
separate class . Taxes shall be uniform on all property in the same
class.
Title:
An Amendment to Article IX of the South Dakota Constitution authorizing local
initiatives to provide for the cooperation and organization of local government.
Attorney General Explanation:
Amendment B would allow voters of local
government units to combine, eliminate or jointly finance local offices,
functions, or governmental units by using initiated measures, unless
specifically limited by the Legislature. A majority vote in each affected
governmental unit would be required.
A vote "Yes" will allow voters to file
initiatives which combine, eliminate or jointly finance local offices,
functions, or governmental units.
A "No" vote will leave the Constitution as it is.
Full Text of Constitutional Amendment B:
That Article IX of the Constitution of the
State of South Dakota be amended by adding a NEW SECTION to read as follows:
§ 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.
Title:
An initiated amendment to Article XI of
the South Dakota Constitution, concerning the taxation of inheritances.
Attorney General Explanation:
The State currently imposes inheritance taxes.
Amendment C would repeal the state tax on any inheritance on the property of
anyone who dies on or after July 1, 2001, and would prohibit the Legislature
from enacting a tax on any inheritance.
A vote "Yes" will repeal the state inheritance
tax.
A vote "No" would leave the inheritance tax in
place.
Full Text of Constitutional Amendment C: That Article XI of the Constitution of the
State of South Dakota be amended by adopting a NEW SECTION to read as follows:
§ 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.
Title:
An initiated Amendment to Article III, Section 25 of
the South Dakota Constitution repealing the video lottery.
Attorney General Explanation:
The Constitution authorizes legislative enactment
of video lottery. Amendment D removes that authority and will repeal all video
lottery laws.
A vote "Yes" will abolish video lottery.
A vote "No" will leave the video lottery in
place.
Full Text of Constitutional Amendment D: Section 1. That Article III, section 25 of
the Constitution of the State of South Dakota, be amended to read as follows:
§ 25. Games of chance prohibited - Exceptions.
The Legislature shall not authorize any game of chance, lottery, video game
of chance, video lottery, or gift enterprise, under any pretense, or for any
purpose whatever provided, however. However, it shall be
lawful for the Legislature to authorize 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 is regulated by the
State of South Dakota, either separately by the state or jointly with one or
more states, and which are is 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.
Section 2. The effective date of this amendment
is July 1, 2001.
Title:
An Amendment to Article VIII of the South Dakota Constitution, permitting the
investment of permanent school funds in certain stocks, bonds, mutual funds, and
other financial instruments and to use a certain portion of the interest and
income to increase the principal in the fund.
Attorney General Explanation:
The South Dakota Investment Council invests the
state permanent school fund, and other educational and charitable funds. Losses
resulting from these investments must be reimbursed by the Legislature. The
Investment Council is prohibited from investing these funds in stocks or similar
investments.
In addition to the investments currently
authorized, Amendment E would allow the Investment Council to invest these funds
into stocks and similar investments. Amendment E would limit reimbursement to
losses incurred through any unconstitutional act.
In addition, all interest and income earned from
the investment of the state permanent school fund is currently required to be
annually disbursed to the public school districts. Under Amendment E, only
interest and income earned in excess of the inflation rate would be disbursed to
the school districts.
The remaining interest and income would become
part of the permanent school fund.
A vote "Yes" will change the Constitution.
A vote "No" will leave the Constitution as it is.
Full Text of Constitutional Amendment E: Section 1. That Article VIII, section 2 of
the Constitution of the State of South Dakota, be amended to read as follows:
§ 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 forever remain inviolate
never be diverted by legislative enactment for any other purpose , and
may be increased , but shall never be diminished, and the state shall
make good all losses thereof which may in any manner occur ; but, if
any loss occurs through any unconstitutional act, the state shall make the loss
good through a special appropriation .
Section 2. That Article VIII, section 3 of the
Constitution of the State of South Dakota, be amended to read as follows:
§ 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.
That the
The proceeds of all fines collected from
violations of state laws shall be paid to the county treasurer of the county in
which said the fine shall have been
was imposed, and by him 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.
Section 3. That Article VIII, section 7 of the
Constitution of the State of South Dakota, be amended to read as follows:
§ 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 diminished 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 therefrom that shall in any
manner may occur through any unconstitutional act or where
required under the Enabling Act .
Section 4. That Article VIII, section 11 of the
Constitution of the State of South Dakota, be amended to read as follows:
§ 11. The 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 .
Section 5. That Article VIII, section 13 of the
Constitution of the State of South Dakota, be amended to read as follows:
§ 13. All losses to the The permanent school or other
educational and charitable funds of this state which shall have
been occasioned by the defalcation, negligence, mismanagement or fraud of the
agents or officers controlling and managing the same, shall be audited
by the proper authorities of the state. The amount so audited shall be a
permanent funded debt against the state in favor of the fund sustaining the loss
upon which not less than six per centum of annual interest shall be paid.
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.
The following initiated measure was proposed by
petition for submission to the voters. This initiated measure will not become
effective unless approved by majority vote.
Title:
An initiated amendment to SDCL 42-7B-14 to raise the maximum bet limits for
limited card games and slot machines authorized within the city of Deadwood.
Attorney General Explanation:
State law currently imposes a maximum limit of
five dollars on any initial or subsequent bet for Deadwood gaming. Initiated
Measure 1 would increase the bet limit to one hundred dollars on each of these
bets.
A vote "Yes" will increase the bet limits to
$100.
A vote "No" will leave the bet limits at $5.
Full Text of Initiated Measure 1:
That SDCL 42-7B-14 be amended to read as follows:
'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.'
