FISCAL NOTE, 2005 LEGISLATIVE SESSION

FISCAL NOTE 2005-HJR1001A

HJR 1001 Proposing and submitting to the electors at the next general election an amendment to Article XXI of the Constitution of the State of South Dakota, relating to the definition of marriage.

HJR 1001, as introduced, would define marriage in the Constitution as being only between a man and woman. Any other variation of union, partnership, or personal relationship would not be recognized by the State.

The cost to the State for Fiscal Year 2006 is not discernable.

Agency/Item	General Fund	Federal Funds	Other Funds	Total	FTE
Revenue:	$0	$0	$0	$0
Expenses:	$0	$0	$0	$0	0.0
Net Impact	$0	$0	$0	$0	0.0

Since 1996, SDCL 25-1-1 has defined marriage as "a personal relation, between a man and woman, arising out of a civil contract to which the consent of parties capable of making it is necessary." Since no litigation costs can be attributed to this statutory definition, it cannot be deduced that a similar definition in the Constitution would incur litigation costs against the State.

If the Legislature were to approve HJR 1001, it would then be placed upon the general election ballot in 2006. While it is the responsibility of the counties to pay most of the cost of administrating elections, the marginal cost to include any single ballot issue would be negligible.

APPROVED BY:_______________________________________ DATE:____________