Voters OK 40-day lawmaking, defeat other measures

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South Dakotans gave a collective thumbs up to 40-day legislative sessions Tuesday but defeated several other ballot measures.

Amendment I changes the state constitution by scrapping a provision requiring a maximum 35-day legislative session during even numbered years and setting the session length at a maximum of 40 days, as are currently held during odd-numbered years.

The measure won with 52 percent support, or 184,668 votes, to 48 percent, or 167,713 votes.

Supporters said the change would give lawmakers more time to make sound policy for South Dakota and to watch over the actions of the executive branch.

Opponents said the change would tack on at least $115,000 a year, and lawmakers would just put off the most important ones until the new last day of the longer session anyway.

But legislators traveling to those sessions will get just 5 cents per mile thanks to voters' unwillingness to change a 117-year-old constitutional provision.

While South Dakota lawmakers are at their annual session, they are reimbursed at the designated state rate per mile. But a constitution provision from 1891 says lawmakers must receive only 5 cents per mile for traveling to and from the capital on one trip for the session. Amendment G was designed to remove the 5-cent-per-mile section, allowing lawmakers to get the state rate for all legislative travel.

Amendment G was supported by 147,726 voters, or 41 percent, with opposition from 211,360 voters, or 59 percent.

Supporters said the change would allow for a fair, accurate method of mileage reimbursement. Opponents said even though the provision has been in place since 1891, it hasn't hurt anybody.

South Dakotans also rejected a measure called the small investors protection act.

Attorney General Larry Long said Initiated Measure 9 would have prohibited short sales of stock - a maneuver that relies on the stock price dropping. The measure would have barred anyone from routinely taking longer than three business days to deliver securities they have sold.

The initiative gained just 43 percent support from 146,831 voters, with 57 percent opposition from 191,549 voters.

Supporters said it would allow only federal laws on stock delivery to be enforced in the state and that the measure did not even mention short selling.

Opponents said short selling already is regulated by federal law, so the courts undoubtedly would declare Measure 9 unconstitutional.

South Dakota's corporate laws also won't be updated, at least not this election.

Voters on Tuesday rejected Constitutional Amendment H even though no organized opposition surfaced.

It received just 31 percent support from 103,148 voters, with 229,846 people casting "No" votes, or 69 percent.

Amendment H, simply put, was written to repeal some constitutional language at odds with that of a national model business corporation act. It was aimed at completing the process of updating South Dakota's corporate laws, which began in 2005.

Supporters said several of the best parts of the model act could not be adopted in South Dakota because of conflicts with the state constitution. Backers said Amendment H would have let those provisions become law, help existing businesses and help South Dakota remain competitive in attracting economic development.

Title: 2008 Election Wrap

Date: November 5th, 2008

The 2008 election proved to be a historic event. Here's a wrap up of key races in the U.S., the state and western South Dakota.

VIEW PRESENTATION »

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