SD Retailers Association Criticizes Weiland's New Amendment as 'Rank Hypocrisy'

Northeast Radio SD News – South Dakota - The ongoing political debate surrounding South Dakota's initiated measure process intensified today as the South Dakota Retailers Association (SDRA) sharply criticized a new proposed constitutional amendment sponsored by Rick Weiland.

The amendment, currently being circulated, would prohibit the State Legislature from amending any voter-approved ballot measure for seven years after its effective date. SDRA Executive Director Nathan Sanderson called the proposal a "colossally bad idea" and accused Weiland of "rank hypocrisy."

The Controversy: IM-28 and Legislative Fixes

Sanderson's criticism links the new constitutional amendment to last year's highly contested Initiated Measure 28 (IM-28), which sought to eliminate state taxes on "anything sold for human consumption."

·        The Flaw: Although Weiland stated the measure was intended only to remove the tax on food, opponents—including the SDRA—pointed out that the broad language of "anything sold for human consumption" would have also exempted items such as tobacco, marijuana, and other consumables, leading to massive state revenue shortfalls.

·        The Outcome: South Dakota voters rejected IM-28 by a margin of nearly 70% in November 2024.

According to the SDRA, during the campaign for the poorly drafted IM-28, Weiland repeatedly assured the public that any technical errors in the language could be corrected by the legislature. Sanderson cited three instances where Weiland made this assurance in September 2024:

·        At a Brookings City Council meeting, Weiland stated: "If there are some tweaks that need to be made, they can be made at the legislative level."

·        During an SDPB Issues Forum, he commented that if the legislature needed to ensure the language was correct, "that's a technical thing; they can clarify that."

·        At a discussion hosted by Yankton Thrive, Weiland claimed, "the bottom line is, it's up to the legislature to figure it out, not the writer of that initiative."

The Shift in Position

Sanderson argues that Weiland's new effort to pass a constitutional amendment that would block the legislature from amending initiated measures for seven years is a complete contradiction of his earlier statements.

"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," Sanderson said in a statement.

While acknowledging that voters want the will of the people honored, the SDRA argues that the legislature must retain the ability to address legal flaws and unintended consequences that often arise during the drafting of complex ballot measures.