An Act to revise the provisions for preparing a fiscal note for ballot questions.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 2-9-30 be AMENDED:

2-9-30. If the director of the Legislative Research Council determines in the review and comment under § 12-13-25 that an initiated measure or initiated amendment to the South Dakota Constitution may have an impact on impact the revenues, expenditures, or fiscal liability of the state or its agencies and subdivisions any agency or political subdivision of this state, the director shall must notify the petition sponsor.

If the director of the Legislative Research Council determines that an initiated measure or initiated amendment to the Constitution constitution in final form under § 12-13-25.1 may have an impact on impact the revenues, expenditures, or fiscal liability of the state or its agencies and subdivisions any agency or political subdivision of this state, the director shall must prepare a fiscal note. The fiscal note must include an estimate of the impact that the provisions of the initiated measure or initiated amendment to the constitution may have on the revenues, expenditures, or fiscal liability of the state or its agencies and subdivisions, by the provisions of the proposed initiated measure or initiated amendment to the Constitution any agency or political subdivision of this state, for at least the first full fiscal year after the initiated measure or initiated amendment to the constitution takes effect. The fiscal note expenditure estimate must also include any impact to the prison or county jail population. A fiscal note prepared pursuant to this section may not exceed fifty words.

Any state agency, board, commission, department, as defined in § 1-26-1, or institution of state government shall must provide the information requested by the director for the purpose of preparing the fiscal note. The fiscal note may not exceed fifty words. The director shall file the fiscal note with the secretary of state and shall provide a copy to the sponsors not more than sixty days following receipt of the initiated measure or initiated amendment in final form pursuant to § 12-13-25.1.

Section 2. That a NEW SECTION be added to chapter 2-9:

If after an initiated measure, initiated amendment to the South Dakota Constitution, or referred law is certified for the ballot pursuant to § 2-1-17, the director must review any fiscal note prepared pursuant to § 2-9-30 or as described in § 2-9-32.

If the director determines that, because of changes to the state budget, state law, or other factors, the estimated impact of the provisions of the initiated measure, initiated amendment to the constitution, or referred law on the revenues, expenditures, or fiscal liability of the state or any agency or political subdivision of this state, described in the fiscal note, provided pursuant to § 2-9-30 or 2-9-32, is no longer substantially accurate, the director must prepare an updated fiscal note, no earlier than July first nor later than August first, in the year of the election. The updated fiscal note may not exceed fifty words.

The updated fiscal note must include an estimate of the impact that the provisions of the initiated measure, initiated amendment, or referred law may have on the revenues, expenditures, or fiscal liability of the state or its agencies or political subdivisions, for at least the first full fiscal year after the initiated measure, initiated amendment to the constitution, or referred law takes effect. The updated fiscal note expenditure estimate must also include any impact to the prison or county jail population.

Any state agency, as defined in § 1-26-1, or institution of state government must provide the information requested by the director for the purpose of preparing the updated fiscal note. The director shall file the updated fiscal note with the secretary of state and shall provide a copy to the sponsors not later than August first in the year of the election.

Section 3. That § 12-13-9 be AMENDED:

12-13-9. Before the third Tuesday in May, theThe attorney general shall deliver to the secretary of state an attorney general's a statement for each amendment to the South Dakota Constitution proposed by the Legislature, and any and referred law from an odd year to the secretary of state before the third Tuesday in May, in the year of the election. The attorney general's general shall deliver a statement for each referred law from an even year shall be delivered to the secretary of state before the second Tuesday in July, in the year of the election. The attorney general's statement shall must be written by the attorney general and shall must consist of a title, an explanation, and a recitation as provided in this section. The title shall be a concise statement of the subject of the proposed amendment to the Constitution or referred law. The explanation shall be an objective, clear, and simple summary to educate the voters of the purpose and effect of the proposed amendment to the Constitution or referred law. The recitation for each proposed amendment to the Constitution shall state "Vote 'Yes' to adopt the amendment" and "Vote 'No' to leave the Constitution as it is". The recitation for each referred law shall state "Vote 'Yes' to allow the Act of the Legislature to become law" and "Vote 'No' to reject the Act of the Legislature". The attorney general shall include a description of the legal consequences of the proposed amendment to the Constitution or referred law, including the likely exposure of the state to liability if the proposed amendment to the Constitution or referred law is adopted:

(1) A title, which is a concise statement of the subject of the proposed amendment to the constitution or referred law;

(2) An objective, clear, and simple explanation that:

(a) Educates the voters on the purpose and effect of the proposed amendment to the constitution or referred law; and

(b) Describes the legal consequences of the proposed amendment to the constitution or referred law, including any likely exposure of the state to liability if the proposed amendment to the constitution or referred law is adopted; and

(3) A recitation:

(a) For a proposed amendment to the constitution, stating "Vote 'Yes' to adopt the amendment" and "Vote 'No' to leave the Constitution as it is"; or

(b) For a referred law, stating "Vote 'Yes' to allow the Act of the Legislature to become law" and "Vote 'No' to reject the Act of the Legislature.

The explanation may not exceed two hundred words in length. On the printed ballots, the title shall of the proposed amendment to the constitution or referred law must be followed by the explanation and the explanation shall be followed, if applicable, by any cost estimate prepared pursuant to § 2-9-34 or, the most recent fiscal note prepared pursuant to § 2-9-32 or section 2 of this Act, and then followed by the recitation. The title, explanation, fiscal note, and recitation must be printed on the ballot in the order provided by this section.

Section 4. That § 12-13-25.1 be AMENDED:

12-13-25.1. Following receipt of the written comments of the director of the Legislative Research Council, the sponsors shall submit a copy of the proposed initiated measure or initiated amendment to the South Dakota Constitution in final form to the attorney general, the secretary of state, and the director of the Legislative Research Council.

The attorney general shall prepare a draft attorney general's statement that consists of a title and explanation. The title shall be a concise statement of the subject of the proposed initiated measure or initiated amendment to the Constitution. The explanation shall be an objective, clear, and simple summary to educate the voters of the purpose and effect of the proposed initiated measure or initiated amendment to the Constitution. The attorney general shall include a description of the legal consequences of the proposed initiated measure or initiated amendment to the Constitution, including the likely exposure of the state to liability if the proposed initiated measure or initiated amendment to the Constitution is adopted:

(1) The title, which is a concise statement of the subject of the proposed initiated measure or initiated amendment to the constitution;

(2) An objective, clear, and simple explanation that:

(a) Educates the voters on the purpose and effect of the initiated amendment to the constitution; and

(b) Describes the legal consequences of the proposed initiated measure or initiated amendment to the constitution, including any likely exposure of the state to liability if the proposed initiated measure or initiated amendment to the constitution.

The explanation may not exceed two hundred words in length.

The attorney general shall file the draft statement with the secretary of state, post the draft statement on the attorney general's website, and release a press release announcing a draft statement has been posted for comment within sixty days of receipt of the proposed initiated measure or initiated amendment to the Constitution constitution. The attorney general shall accept comments for ten days from the date the draft statement was filed. The attorney general shall review all comments submitted and revise the statement in response to the comments as deemed necessary.

Once the comment period has expired and any revisions have been completed, the attorney general shall file the final statement with the secretary of state, which shall serve as the attorney general's statement, and shall provide a copy to the sponsors within twenty days of the filing of the draft statement.

If the signatures on a petition is for a proposed initiated measure or initiated amendment to the constitution are filed as set forth in §§ 2-1-1.1 or 2-1-1.2 pursuant to § 2-1-1.1 or 2-1-1.2, the attorney general shall must deliver to the secretary of state before the third Tuesday in May a recitation as provided in this section to the secretary of state before the third Tuesday in May. The recitation for an initiated amendment to the Constitution shall constitution must state "Vote 'Yes' to adopt the amendment" and "Vote 'No' to leave the Constitution as it is". The recitation for an initiated measure shall must state "Vote 'Yes' to adopt the initiated measure" and "Vote 'No' to leave South Dakota law as it is".

On the printed ballots, the title shall of the proposed initiated measure or initiated amendment to the constitution must be followed by the explanation and the explanation shall be followed, if applicable, by any, the most recent fiscal note prepared pursuant to § 2-9-30 or section 2 of this Act, and then followed by the recitation. The title, explanation, fiscal note, and recitation must be printed on the ballot in the order provided by this section.

Section 5. That § 2-9-30.1 be REPEALED.

For any initiated measure or initiated amendment to the Constitution submitted to the director of the Legislative Research Council pursuant to § 12-13-25 prior to July 1, 2017, and certified by the secretary of state pursuant to § 2-1-17 for placement on the ballot during the general election of 2018, the secretary of state shall request a determination from the director under § 2-9-30. If the director of the Legislative Research Council makes a determination pursuant to § 2-9-30 that the initiated measure or initiated amendment to the Constitution has no impact, the director shall notify the sponsor and the secretary of state that the measure or amendment has no impact. If the director of the Legislative Research Council makes a determination pursuant to § 2-9-30 that the measure or amendment has an impact, the director shall prepare a fiscal note pursuant to § 2-9-31. The secretary of state shall include the fiscal note, if any, on the ballot pursuant to § 12-13-25.1.