ARTICLE
Last year, Rick Weiland circulated Initiated Measure 28, a poorly drafted measure that would have eliminated the state's ability to tax "anything sold for human consumption." Although Weiland claimed it was designed only to eliminate taxes on food, in practice IM-28 would have prohibited the state from taxing things like tobacco, marijuana, and other consumables. South Dakota voters recognized the clear shortcomings of IM-28 and rejected it, with almost 70 percent voting NO. When problems with IM-28's language were pointed out, Weiland repeatedly stated that any drafting errors could be corrected by the legislature. At a Brookings City Council meeting in September 2024, he said that "if there are some tweaks that need to be made, they can be made at the legislative level." During a SDPB issues forum at Dakota Wesleyan University, he said if the legislature needs to ensure the language is correct, "that's a technical thing, they can clarify that." At a discussion hosted by Yankton Thrive, Weiland - amazingly - claimed that "the bottom line is, it's up to the legislature to figure it out, not the writer of that initiative" and "if there are some clarifications that they want to make, they can go ahead and make them in the next legislative session." Now he is circulating a Constitutional Amendment that would prohibit the legislature from amending a ballot measure for SEVEN YEARS after its effective date. This is a colossally bad idea. There's no question that voters want the will of the people to be honored by the legislature. But it's rank hypocrisy to propose a poorly drafted measure during one election, recommend that the legislature make amendments if needed, then bring a CONSTITUTIONAL AMENDMENT during the next election cycle to prevent our elected officials from doing just that. -Nathan Sanderson, Executive Director, South Dakota Retailers Association ### Brookings City Council Work Session, September 17, 2024 https://cityofbrookings.granicus.com/MediaPlayer.php?view_id=3&clip_id=893 “If there are some tweaks that need to be made [on IM-28], they can be made at the legislative level.” (Time: 36:02) SDPB Issues Forum, September 19, 2024 https://www.sdpb.org/politics/2024-09-19/live-vote-south-dakota-candidates-issues-forum “Well, it’s an initiated law so you know what, I guess if the legislature’s going to be, feel more comfortable about making it [the sales tax rate] zero, that’s a technical thing they can clarify that.” (Time: 1:45:58) Yankton Thrive IM-28 Discussion, September 12, 2024 “The bottom line is, it’s up to the legislature to figure it out, not the writer of that initiative.” “If there are some clarifications that they want to make, they can go ahead and make them in the next legislative session.”