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 75th 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

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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

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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.

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PROPERTY

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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.

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