Changes to Existing Law

The sponsors of each initiated measure or initiated amendment to the Constitution18 shall submit a copy of the initiated measure or initiated amendment to the Constitution to the19 director of the Legislative Research Council for review and comment not more than six months20 before it may be circulated for signatures under § 2-1-1.1 or 2-1-1.2. The director shall review21 each submitted initiated measure or initiated amendment to the Constitution to determine if the22 requirements of § 12-13-24 are satisfied and if the initiated measure or initiated amendment to23 the Constitution may have any impact on revenues, expenditures, or fiscal liability of the state24 - 9 -SB or its agencies and subdivisions. Unless as otherwise provided under § 12-13-25.2, not Not more1 than fifteen work days following receipt of an initiated measure or initiated amendment to the2 Constitution, the director shall provide written comments on the initiated measure or initiated3 amendment to the Constitution to the sponsors of the initiated measure or initiated amendment, the attorney general, and the secretary of state for the purpose of assisting the sponsors in5 complying with § 12-13-24. The director's written comments under this section shall include6 assistance regarding the substantive content of the initiated measure or initiated amendment in7 order to minimize any conflict with existing law and to ensure the measure's or amendment's8 effective administration. The sponsors may, but are not required to, amend the initiated measure9 or initiated amendment to the Constitution to comply with the director's comments.10

Following receipt of the written comments of the director of the Legislative9 Research Council, the sponsors shall submit a copy of the proposed initiated measure or10 initiated amendment to the Constitution in final form to the attorney general and the director of11 the Legislative Research Council. The attorney general shall prepare an attorney general's12 statement that consists of a title and explanation. The title shall be a concise statement of the13 subject of the proposed initiated measure or initiated amendment to the Constitution. The14 explanation shall be an objective, clear, and simple summary to educate the voters of the15 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 proposed17 initiated measure or initiated amendment to the Constitution, including the likely exposure of18 the state to liability if the proposed initiated measure or initiated amendment to the Constitution19 is adopted. The explanation may not exceed two hundred words in length. The attorney general20 shall file the title and explanation with the secretary of state and shall provide a copy to the21 sponsors within sixty fifteen days of receipt of the proposed initiated measure or initiated22 amendment to the Constitution. If the petition is filed as set forth in §§ 2-1-1.1 or 2-1-1.2, the attorney general shall deliver24 - 8 -SB to the secretary of state before the third Tuesday in May a recitation as provided in this section. The recitation for an initiated amendment to the Constitution shall state "Vote 'Yes' to adopt the2 amendment" and "Vote 'No' to leave the Constitution as it is". The recitation for an initiated3 measure shall state "Vote 'Yes' to adopt the initiated measure" and "Vote 'No' to leave South4 Dakota law as it is". On the printed ballots, the title shall be followed by the explanation and the explanation shall be followed, if applicable, by any fiscal note prepared pursuant to § 2-9-30, and then followed by the recitation.

The petition as it is to be circulated for an initiated amendment to the Constitution5 shall be filed with the secretary of state prior to circulation for signatures and shall: (1)Contain the full text of the initiated amendment; (2)Contain the date of the general election at which the initiated amendment is to be8 submitted; (3)Contain the title and explanation as prepared by the attorney general; (4)Be accompanied by a notarized affidavit form that is signed by each person who is11 a petition sponsor that and which includes the name and address of each petition12 sponsor; and13 (5)Be accompanied by a statement of organization, as provided in § 12-27-6. The petition circulator shall provide make available to each person who signs the petition15 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -SB a form containing the title and explanation of the initiated amendment to the Constitution as1 prepared by the attorney general; any fiscal note prepared pursuant to in accordance with § 2-9- 30; and the name, phone number, and email address of each petition sponsor; the name, phone number, and email address of the petition circulator; and a statement whether the petition circulator is a volunteer or paid petition circulator and, if a paid circulator, the amount the circulator is being paid. The form shall be approved by the secretary of state prior to circulation. The petition circulator may make information under this section available in written or electronic form, or by providing a website address that may be accessed at no charge and that displays any information required under this section. For any initiated amendment petition, no signature may be obtained more than twenty-four10 months preceding the general election that was designated at the time of filing of the full text. The initiated amendment petition shall be filed with the secretary of state at least one year four months before the next general election. A sworn affidavit, signed by at least two-thirds of the13 petition sponsors, containing information required for each petition circulator as required under § 2-1-1.4 and stating that the documents filed constitute the entire petition and to the best of the15 knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the16 secretary of state. The form of the petition, including petition size and petition font size, and the17 affidavit shall be prescribed by the State Board of Elections.

The petition as it is to be circulated for an initiated measure shall be filed with the20 secretary of state prior to circulation for signatures and shall: (1)Contain the full text of the initiated measure; (2)Contain the date of the general election at which the initiated measure is to be23 submitted;24 - 3 -SB (3)Contain the title and explanation as prepared by the attorney general; (4)Be accompanied by a notarized affidavit form that is signed by each person who is2 a petition sponsor that and which includes the name and address of each petition3 sponsor; and4 (5)Be accompanied by a statement of organization, as provided in § 12-27-6. The petition circulator shall provide make available to each person who signs the petition6 a form containing the title and explanation of the initiated measure as prepared by the attorney7 general; any fiscal note prepared pursuant to in accordance with § 2-9-30; and the name, phone8 number, and email address of each petition sponsor; the name, phone number, and email address of the petition circulator; and a statement whether the petition circulator is a volunteer or paid petition circulator and, if a paid circulator, the amount the circulator is being paid. The form shall be approved by the secretary of state prior to circulation. The petition circulator may make information under this section available in written or electronic form, or by providing a website address that may be accessed at no charge and that displays any information required under this section. For any initiated measure petition, no signature may be obtained more than twenty-four16 months preceding the general election that was designated at the time of filing of the full text. The initiated measure petition shall be filed with the secretary of state at least one year four months before the next general election. A sworn affidavit, signed by at least two-thirds of the19 petition sponsors, containing information required for each petition circulator as required under § 2-1-1.4 and stating that the documents filed constitute the entire petition and to the best of the21 knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the22 secretary of state. The form of the petition, including petition size and petition font size, and the23 affidavit shall be prescribed by the State Board of Elections.24 - 4 -SB

Each constitutional initiated amendment to the constitution, initiated measure, or4 referred law that is approved by a majority of all votes cast is effective on the first day of July after the completion of the official canvass by the State Canvassing Board, unless otherwise provided in the initiated amendment, initiated measure, or referred law.

The petition as it is to be circulated for a referred law shall be filed with the2 secretary of state prior to circulation for signatures and shall: (1)Contain the title of the referred law; (2)Contain the effective date of the referred law; (3)Contain the date of the general election at which the referred law is to be submitted; (4)Be accompanied by a notarized form that includes the names and addresses of the7 petition sponsors; and8 (5)Be accompanied by a statement of organization, as provided in § 12-27-6. The petition shall be filed with the secretary of state within ninety days after the10 adjournment of the Legislature which that passed the referred law. A sworn affidavit, signed by11 at least two-thirds of the petition sponsors, containing information required for each petition circulator as required under § 2-1-1.4 and stating that the documents filed constitute the entire13 petition and to the best of the knowledge of the sponsors contains a sufficient number of14 signatures shall also be filed with the secretary of state. The form of the petition and affidavit15 shall be prescribed by the State Board of Elections. The petition circulator shall provide make available to each person who signs the petition17 a form containing the title of the referred law; any fiscal note or summary of a fiscal note18 obtained pursuant to in accordance with § 2-9-32; and the name, phone number, and email19 address of each petition sponsor; the name, phone number, and email address of the petition circulator; and a statement whether the petition circulator is a volunteer or paid petition circulator and, if a paid circulator, the amount the circulator is being paid. The form shall be approved by the secretary of state prior to circulation. The petition circulator may make information under this section available in written or electronic form, or by providing a website24 - 5 -SB address that may be accessed at no charge and that displays any information required under this section.

If the director of the Legislative Research Council determines in the review and18 comment under § 12-13-25 that an initiated measure or initiated amendment to the Constitution19 may have an impact on revenues, expenditures, or fiscal liability of the state or its agencies and20 subdivisions, the director shall notify the petition sponsor. If the director of the Legislative21 Research Council determines that an initiated measure or initiated amendment to the22 Constitution in final form under § 12-13-25.1 may have an impact on revenues, expenditures, or fiscal liability of the state or its agencies and subdivisions, the director shall prepare a fiscal24 - 7 -SB note. The fiscal note shall include an estimate of the impact on revenues, expenditures, or fiscal1 liability of the state or its agencies and subdivisions, by the provisions of the proposed initiated2 measure or initiated amendment to the Constitution. The fiscal note expenditure estimate shall3 also include any impact to the prison or county jail population. The fiscal note may not exceed fifty words. The director shall file the fiscal note with the secretary of state and shall provide a5 copy to the sponsors not more than sixty fifteen days following receipt of the initiated measure6 or initiated amendment in final form pursuant to § 12-13-25.1.