LAWS OF THE
2000 SPECIAL SESSION
OF THE SOUTH DAKOTA LEGISLATURE
AUTHENTICATION
STATE OF SOUTH DAKOTA,)
) SS
HUGHES COUNTY )
I, Doug Decker, Code Counsel of the State of South Dakota, do hereby
certify that the laws contained in this volume are, with the exception of
clerical errors, true and correct copies with overstrikes and underscores
added to show the effects of amendments of the proposed constitutional
amendments and of the enacted Bills and Joint Resolutions passed by the
Legislature of the State of South Dakota at the Seventy-sixth Session,
which have been filed in my office.
Signed this first day of May, 2001.
______________________________________
Doug Decker
South Dakota Code Counsel
TABLE OF CONTENTS
The effective date of SB 1, 2, and 3 of the 75
th Special Session is December 29, 2000. Each
bill contained an emergency clause making them effective when signed by the Governor. The
Governor signed these bills on December 29, 2000. SJR 1 is effective on March 30, 2001,
ninety days after filing in the Office of the Secretary of State.
SOUTH DAKOTA CONSTITUTION
1. SJR 1 Special election, amendment to the Constitution to create a trust fund for the
receipts from the sale of the cement plant.
ELECTIONS
2. SB 2 Special election, Legislature may propose an election relating to the sale of
the cement plant.
3. SB 3 Special election, an election for the voter's consideration of the amendment to
the Constitution relating to the cement plant.
PROPERTY
4. SB 1 Cement plant, revisions to laws relating to alien ownership of land, corporate
farming, zoning, and leasing.
SOUTH DAKOTA CONSTITUTION
_______________
CHAPTER 1
(SJR 1)
Special election, amendment to the Constitution to create a trust fund
for the receipts from the sale of the cement plant.
A JOINT RESOLUTION,
Proposing and submitting to the electors at a special election designated
by the Seventy-fifth Legislature, meeting in special session, an amendment to Article XIII of
the Constitution of the State of South Dakota, relating to the creation and administration of a
trust fund.
BE IT RESOLVED BY THE SENATE OF THE STATE OF SOUTH DAKOTA, THE HOUSE OF
REPRESENTATIVES CONCURRING THEREIN:
Section 1. That at an election designated by the Seventy-fifth Legislature, meeting in special
session, to be held in the state, the following amendment to Article XIII of the Constitution of the
State of South Dakota, as set forth in sections 2 and 3 of this Joint Resolution, which is hereby
agreed to, shall be submitted to the electors of the state for approval.
Section 2. That Article XIII, of the Constitution of the State of South Dakota, be amended by
adding thereto a NEW SECTION to read as follows:
§
20. The net proceeds derived from the sale of state cement enterprises shall be deposited by
the South Dakota Cement Commission in a trust fund hereby created to benefit the citizens of
South Dakota. The South Dakota Investment Council or its successor shall invest the trust fund in
stocks, bonds, mutual funds, and other financial instruments as provided by law. Each fiscal year
beginning in fiscal year 2001, a transfer of twelve million dollars shall be made from the trust fund
to the state general fund as provided by law.
Section 3. That Article XIII, of the Constitution of the State of South Dakota, be amended by
adding thereto a NEW SECTION to read as follows:
§
21. Except as provided in Article XIII, section 20 of the Constitution of the State of South
Dakota, the original principal of the trust fund shall forever remain inviolate. However, the
Legislature shall, by appropriation, make distributions from the difference between the twelve
million dollar annual general fund transfer and five percent of the market value of the trust fund for
the support of education, but not for the replacement of state aid to general education or special
education, if the increase in the market value of the trust fund in that fiscal year was sufficient to
maintain the original principal of the trust fund after such distributions. Beginning with fiscal year
2006, the market value of the trust fund shall be determined by adding the market value of the trust
fund at the end of the sixteen most recent calendar quarters, and dividing that sum by sixteen.
Filed December 29, 2000.
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ELECTIONS
_______________
CHAPTER 2
(SB 2)
Special election, Legislature may propose an election
relating to the sale of the cement plant.
FOR AN ACT ENTITLED, An Act to
revise certain provisions relating to constitutional
amendments and submitted questions and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter
12-13
be amended by adding thereto a NEW SECTION to read as
follows:
Notwithstanding any other provision of law, the Legislature may set a date for a special election
for a statewide vote on any constitutional amendment proposed by the Legislature, pursuant to
Article XXIII, Sections 1 and 3 of the South Dakota Constitution, and may provide in its resolution
proposing such constitutional amendment an accompanying procedure, that may alter the time
requirements but not the substantive provisions, of this chapter. The State shall reimburse each
county for any costs incurred as a result of this section.
Section 2. That
§
12-2-2.1
be amended to read as follows:
12-2-2.1.
No statewide election or referendum may be held on a date other than a date
ordinarily provided by statute for a primary, runoff or general election
, with the exception of a date
provided by the Legislature to hold a special election
.
Section 3. Whereas, this Act is necessary for the support of the state government and its
existing public institutions, an emergency is hereby declared to exist pursuant to Article III,
§
22,
of the South Dakota Constitution, and this Act shall be in full force and effect from and after its
passage and approval.
Section 4. Whereas, this Act is necessary for the immediate preservation of the public peace,
health, and safety of the state and its people, an emergency is hereby declared to exist pursuant to
Article III,
§
22, of the South Dakota Constitution, and this Act shall be in full force and effect from
and after its passage and approval.
Signed December 29, 2000.
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CHAPTER 3
(SB 3)
Special election, an election for the voter's consideration of the amendment
to the Constitution relating to the cement plant.
FOR AN ACT ENTITLED, An Act to
set a special election for the voters' consideration of a
constitutional amendment to Article XIII, § 10 and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. A special election to consider the amendment to Article XIII,
§
10, of the South
Dakota Constitution proposed by the Legislature on December 28, 2000, shall be held on April 10,
2001. The state shall reimburse each county for any costs incurred as a result of this section from
funds generated from the sale of the State Cement Plant.
Section 2. The election procedures, notices, and deadlines shall be the same as established for
a regular ballot question election. However, notwithstanding the provisions of
§
12-16-1, sample
and official ballots for the special election shall be printed and in the possession of the county
auditor not later than three weeks prior to the special election.
Section 3. Whereas, this Act is necessary for the immediate preservation of the public peace,
health, and safety of the state and its people, and this Act is also necessary for the support of the
state government and its existing public institutions, an emergency is hereby declared to exist
pursuant to Article III,
§
22, of the South Dakota Constitution, and this Act shall be in full force
and effect from and after its passage and approval.
Signed December 29, 2000.
_______________
PROPERTY
_______________
CHAPTER 4
(SB 1)
Cement plant, revisions to laws relating to alien ownership
of land, corporate farming, zoning, and leasing.
FOR AN ACT ENTITLED, An Act to
amend South Dakota law in connection with the sale of
substantially all of the assets of the South Dakota State Cement Plant Commission, to enable
the continued operation and use of real property relating to the business of the cement plant,
by amending chapter 43-2A relating to alien ownership of agricultural land restrictions, to
amend chapter 47-9A relating to corporate farming restrictions, to amend Title 11 relating to
zoning, to amend chapter 5-17 relating to the mineral leasing authority of the South Dakota
State Cement Plant Commission, to zone South Dakota Cement Plant property, and to declare
an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That chapter
43-2A
be amended by adding thereto a NEW SECTION to read as
follows:
The restrictions of this chapter do not apply to agricultural land owned by a corporation for
immediate or potential use in nonfarming purposes. A corporation may hold such agricultural land
in such acreage as may be necessary to its nonfarm business operations. However, pending the
development of agricultural land for nonfarm purposes, such land may not be used for farming
except under lease to a family farm unit, a family farm corporation, or an authorized farm
corporation.
All real property owned or held by the State of South Dakota by and through the South Dakota
State Cement Plant Commission as of December 28, 2000, is owned or held by it and its successors
in title for immediate or potential use for nonfarming purposes and the real property is necessary
for nonfarming business operations.
Section
2.
That chapter
47-9A
be amended by adding thereto a NEW SECTION to read as
follows:
All real property owned or held by the State of South Dakota by and through the South Dakota
State Cement Plant Commission as of December 28, 2000, is owned or held by it and its successors
in title for immediate or potential use for nonfarming purposes and the real property is necessary
for nonfarming business operations.
Section
3.
That chapter
11-2
be amended by adding thereto a NEW SECTION to read as
follows:
All real property owned, leased, or otherwise held by the State of South Dakota by and through
the South Dakota State Cement Plant Commission as of December 28, 2000, is hereby zoned to
conform to its use as of December 28, 2000, as if it were owned, operated, and used by a private
business, and all applicable municipal and county records shall be revised accordingly.
Section
4.
That chapter
11-4
be amended by adding thereto a NEW SECTION to read as
follows:
All real property owned, leased, or otherwise held by the State of South Dakota by and through
the South Dakota State Cement Plant Commission as of December 28, 2000, is hereby zoned to
conform to its use as of December 28, 2000, as if it were owned, operated, and used by a private
business, and all applicable municipal and county records shall be revised accordingly.
Section
5.
That chapter
5-17
be amended by adding thereto a NEW SECTION to read as
follows:
Notwithstanding any other provision of law, including but not limited to chapter 5-7, the South
Dakota State Cement Plant Commission when selling substantially all of its assets may lease all of
the mineral interests reserved to the State of South Dakota in all real property owned, sold,
acquired, leased, or conveyed by the State of South Dakota acting by and through the South
Dakota State Cement Plant Commission in a manner and upon terms acceptable to the commission.
Section
6.
Because the South Dakota State Cement Plant monies have been necessary for the
support of state government and its existing public institutions, and the proceeds of any sale are
necessary for the support of state government and its existing public institutions, an emergency is
hereby declared to exist, and this Act shall be in full force and effect from and after its passage and
approval.
Section
7.
Whereas, this Act is necessary for the immediate preservation of the public peace,
health, and safety of the state and its people, an emergency is hereby declared to exist, and this Act
shall be in full force and effect from and after its passage and approval.
Signed December 29, 2000.