2004 Ballot Question Texts and Attorney General Explanations

Constitutional Amendments

The following amendments to the State Constitution are submitted to the voters by the Legislature. The amendments will not become effective unless approved by majority vote.

Constitutional Amendment A

(2003 Legislative Session - HJR 1003)

Title: An amendment to Article V, section 7 of the South Dakota Constitution, providing for the merit selection of circuit court judges.

Full Text of Constitutional Amendment A:     

        Section  1.  That Article V, section 7 of the Constitution, of the State of South Dakota, be amended to read as follows:    

     §   7.   Circuit court judges shall be elected in a nonpolitical election by the electorate of the circuit each represents for an eight-year term.
     A vacancy, as defined by law, in the office of a Supreme Court justice or circuit court judge, shall be filled by appointment of the Governor from one of two or more persons nominated by the judicial qualifications commission. The appointment to fill a vacancy of a circuit court judge shall be for the balance of the unexpired term; and the appointment to fill a vacancy of a Supreme Court justice or a circuit court judge shall be subject to approval or rejection as hereinafter set forth.
 

     Retention of each Supreme Court justice or circuit court judge shall, in the manner provided by law, be subject to approval or rejection on a nonpolitical ballot at the first general election following the expiration of three years from the date of his appointment. Thereafter, each Supreme Court justice and circuit court judge shall be subject to approval or rejection in like manner every eighth year. All incumbent Supreme Court justices and circuit court judges at the time of the effective date of this amendment shall be subject to a retention election in the general election in the year in which their respective existing terms expire. Each Supreme Court justice shall be subject to a statewide retention election and each circuit court judge shall be subject to a retention election by the electorate of the circuit the judge represents.

Attorney General's Explanation:

    Under the Constitution, circuit court judges are elected on a non-political ballot for eight year terms.  The Governor appoints judges to fill vacancies for the balance of unexpired terms.  Nominees for vacancies are selected by the judicial qualifications commission. 

     Amendment A would change the Constitution by establishing an appointment and retention election procedure.  New judges would be appointed by the Governor from nominees selected by the judicial qualifications commission.  Judges would be subject to a retention election on a non-political ballot three years after appointment, and every eight years after that, by the voters of the circuit the judge represents. 

     A vote “Yes” will change the Constitution.

     A vote “No” will leave the Constitution as it is.

Constitutional Amendment B

(2004 Legislative Session - HJR 1003)

Title: An amendment to Article VIII, section 20 of the South Dakota Constitution to authorize the provision of certain services to all children of school age.

Full Text of Constitutional Amendment B:     

Attorney General's Explanation:   

    The Constitution generally prohibits the Legislature from giving state money or property to sectarian schools.  However,  the Constitution allows the Legislature to authorize the loan of nonsectarian textbooks to children of school age, including those attending sectarian  schools. 

     Amendment B, if adopted, would change the Constitution to also allow the Legislature to authorize participation in food and transportation services for children of school age, including those attending sectarian schools.

     A vote “Yes” will change the Constitution.

     A vote “No” will leave the Constitution as it is.

INITIATED MEASURE

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.

Initiated Measure I

Title:    An act to exempt food from sales and use taxes.

Full Text of Initiated Measure I:     

WE, THE UNDERSIGNED qualified voters of the state of South Dakota, petition that the following proposed law be submitted to the voters of the state of South Dakota at the general election on November 2, 2004 for their approval or rejection pursuant to the Constitution of the State of South Dakota.  The substance of the proposed law is as follows:

Be it enacted by the people of South Dakota.

An act to exempt food from sales and use taxes.

    Section 1. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

    There are exempted from the provisions of this chapter and the computation of the tax imposed by it, the gross receipts from the sale of food.

    Section 2. That § 10-45-1 be amended by adding thereto four NEW SUBDIVISIONS to read as follows:

    “Food,” and “food ingredient,” any substance, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that is sold for ingestion or chewing by humans and is consumed for its taste or nutritional value. The term, food, does not include alcoholic beverages, tobacco, soft drinks, candy, or prepared food;

    “Soft drinks,” any nonalcoholic beverages that contain natural or artificial sweeteners. The term, soft drinks, does no include any beverage that contains milk or milk products, soy, rice or similar milk substitutes, or greater than fifty percent of vegetable or fruit juice by volume;

    “Candy,” any preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruits, nuts or other ingredients or flavorings in the form of bars, drops, or pieces. The term, candy, does not include any preparation containing flour and does not require refrigeration;

    “Prepared food” any:

        (a) Food sold in a heated state or heated by the seller;

        (b) Two or more food ingredients mixed or combined by the seller for sale as a single item. The term, prepared food, in this subsection does not include food that is only cut, repackaged, or pasteurized by the seller, and eggs, fish, meat, poultry, and foods containing these raw animal foods requiring cooking by the consumer as recommended by the Food and Drug Administration in chapter 3, part 401.11 of its Food Code as of January 1, 2003, so as to prevent food borne illnesses; or

        (c) Food sold with eating utensils provided by the seller, including plates, knives, forks, spoons, glasses, cups, napkins, or straws. A plate does not include a container or packaging used to transport the food.

    Section 3. That chapter 10-46 be amended by adding thereto a NEW SECTION to read as follows:

There are exempted from the provisions of this chapter and the computation of the tax imposed by it, the gross receipts from the sale of food.

    Section 4. That § 10-46-1 be amended by adding thereto four NEW SUBDIVISIONS to read as follows:

    “Food,” and “food ingredient,” any substance, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that is sold for ingestion or chewing by humans and is consumed for its taste or nutritional value. The term, food, does not include alcoholic beverages, tobacco, soft drinks, candy, or prepared food;

    “Soft drinks,” any nonalcoholic beverages that contain natural or artificial sweeteners. The term, soft drinks, does not include any beverage that contains milk or milk products, soy, rice or similar milk substitutes, or greater than fifty percent of vegetable or fruit juice by volume;

    “Candy,” any preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruits, nuts or other ingredients or flavorings in the form of bars, drops, or pieces. The term, candy, does not include any preparation containing flour and does not require refrigeration;

    “Prepared food” any:

        (a) Food sold in a heated state or heated by the seller;

        (b) Two or more food ingredients mixed or combined by the seller for sale as a single item. The term, prepared food, in this subsection does not include food that is only cut, repackaged, or pasteurized by the seller, and eggs, fish, meat, poultry, and foods containing these raw animal foods requiring cooking by the consumer as recommended by the Food and Drug Administration in chapter 3, part 401.11 of its Food Code as of January 1, 2003, so as to prevent food borne illnesses; or

        (c) Food sold with eating utensils provided by the seller, including plates, knives, forks, spoons, glasses, cups, napkins, or straws. A plate does not include a container or packaging used to transport the food.

    The effective date of this repeal will be July 1, 2005.

Attorney General's Explanation:

The state collects a sales and use tax on the sale of food.  Many cities and towns also collect a municipal sales and use tax on the sale of food.

     Initiated Measure 1, if adopted, would exempt food from state and municipal sales and use taxes, and eliminate this source of revenue.

     A vote “Yes” will change state law.

     A vote “No” will leave state law as it is.