The leaders of the South Dakota State Legislature have issued a letter today to Initiated Measure 28 sponsor Rick Weiland about mischaracterizations he’s making to the media about the South Dakota Legislative Research Council supposedly approving language he used in the measure – when it couldn’t be farther from fact. In a letter from Senate President Pro Tempore Lee Schoenbeck and Speaker of the House Hugh Bartels:

Letter to Weiland Re IM 28 by Pat Powers on Scribd

In several interactions with the media and public on IM 28, you have attributed your proposed language to being based on LRC recommendations contained in the LRC’s review from December 2, 2022. Most recently, you stated that the “human consumption” language came “on advice from the South Dakota Legislative Research Council.” You have also been quoted in another article stating that same thing.

and..

The second reason we are asking you to refrain from stating that the LRC advised you to use the phrase “anything sold for human consumption” is because the LRC did not recommend using that language. In fact, the LRC recommended something entirely different than the language you are sponsoring and that will be on the November ballot.

Not a lot of ambiguity there.

Read the entire letter to make a call for yourself as to the degree of untruth and misinformation contained in the IM28 Ballot Measure advertising.

The South Dakota Municipal Association’s latest monthly newsletter has the group coming out hard against Initiated Measure 28, the ballot measure that’s going to stick up with an income tax if it passes, because there’s no other way to make up the massive amount of revenue that will be lost.

Sara Rankin, the Executive Director of the Municipal League, penned this editorial explaining the impact the passage of this ballot measure would have on our communities:

As South Dakotans head to the polls next month, a critical ballot measure, IM-28, promises to reshape our state’s tax landscape. While its proponents argue it will simplify tax collection and provide relief for consumers, the hidden cost of this measure is a potential $51.5 million blow to municipalities across South Dakota.

IM-28 proposes to alter the current taxation framework by removing state level sales tax on II anything sold for human consumption. On the surface, this might seem like a win for consumers, however, this measure is in direct conflict with South Dakota Codified Law (SDCL) 10-52-2, which allows cities and towns to impose a sales tax of up to 2% on the same items taxed at the state level. If the state stops collecting tax on these items, municipalities would be forced to follow suit, effectively cutting off a crucial revenue stream.

The Attorney General 1s opinion on IM-28 underscores the gravity of this issue. According to the opinion, the measure “may affect the state’s obligations under the tobacco master settlement agreement and the streamlined sales tax agreement.“

Furthermore, the vague language of “human consumption” in IM-28 opens the door for broader implications. This terminology could lead to the repeal of sales tax on various everyday items beyond just food and beverages, including tobacco, candy, soda, and medicines.

Should IM-28 pass, municipalities stand to lose an estimated $51.5 million in revenue. This figure is not just a statistic but a reflection of the vital services and infrastructure that would be jeopardized. The financial shortfall could cripple efforts to fix streets, update aging infrastructure, and maintain city facilities such as libraries and swimming pools. Parks, which offer essential recreational spaces and community gathering spots, could face reductions in maintenance and programming.

IM-28 undermines the financial stability of local governments, placing an undue strain on municipal budgets and forcing cities to find alternative revenue sources or cut essential services. Such a scenario would likely lead to higher property taxes or other local fees, placing additional financial pressure on residents already grappling with economic challenges.

It is essential to recognize that while IM-28 may offer short-term relief for some, the long-term consequences for South Dakota’s municipalities are severe.

In making an informed decision about IM-28, South Dakotans must weigh the immediate benefits against the substantial costs. The health of our municipalities, the upkeep of our infrastructure, and the quality of our local services are all at stake. Before casting a vote, it is crucial to consider whether the suggested benefits of IM-28 outweigh the very real and potentially devastating impacts it could have on our local communities.

Sincerely, Sara Rankin
SDML Executive Director

And realistically, how can a city like Hot Springs or Spearfish lose between 20% to 60% of their annual budget, and still perform those tasks such as road maintenance, snow removal, or provide a police force?

You know the answer. They can’t.

Well intentioned or not, this measure might be the scariest thing on the ballot this halloween season.

Much like the RL21 anti-ethanol pipeline opponents, the Initiated Measure 29 opponents are on tv pushing a message that we’re all going to die if South Dakota votes to further legalize marijuana. …even though we’re all still here as the state, counties and municipalities has managed to do a pretty good job in putting the framework in place and regulating medical cannabis use.

Here’s their doomer & gloomer for the boomer commercial against 29:

You can all go duck & cover now.

I had this sent over to me by a reader. And people wonder why I think the anti-ethanol people are a pack of crackpots?  As they post a billboard claiming “Watertown: YOU are in the KILL ZONE!”

Seriously? Why don’t they claim that it may cause a pack of wild dingoes to steal people’s babies? Because it makes as much sense. It’s like Trent Loos claiming that 100 people are killed every year by CO2 canisters as part of this debate.

Well, 500 people are killed annually by hippopotamuses. But that doesn’t stop us from finding them irresistible.

Deadlier than alleged C02 accidents they claim, but we just can’t get enough.

But getting back to the point – the billboard is just ridiculous. And an example why we can’t take these clowns seriously about anything. (But that baby hippo is a cute little spud).

*UPDATE*

I forgot to mention that the billboard does not seem to have a disclaimer, in violation of South Dakota law.

Just got ahold of this commercial, which I first noticed on TV this last weekend. Probably one of the better ads running this cycle. This one being ran by an independent political action committee in favor of amendment H:

This ad is being ran by the Unite America PAC

From the courtroom, Senator Randy Deibert apparently gets to relive his primary election again and again as his opponent keeps filing goofy election truther lawsuits.

Crowley v Deibert DISMISSED by Pat Powers on Scribd

You know what you’re in for when the first line in the decision from the court reads “This case is the fourth of five filed by Kate Crowley Johnson, in relation to her unsuccessful candidacy in the June 4, 2024, Republican Party primary for South Dakota Senate District 31. All five cases are premised, at least in part, on Crowley Johnson’s concerns with the automatic tabulating systems used by Lawrence County during the primary election..”

The court decision predictably closes on a note of “the only allegations Crowley Johnson has raised which could be construed as voting irregularities are observations that she received similar support across multiple precincts”   Which goes to show you that there’s always a few people who make bad decisions in every precinct.. but that does not mean there is a conspiracy.

…why am I moving to D31, again..? For my wife’s employment. Yes, that’s it. Definitely not for the political scene.

Rick Weiland seems a bit befuddled why so many groups are against his poorly written legislation that will cause property taxes to skyrocket, and trigger the state to create an income tax:

Venhuizen said nurses, labor unions, schools and others have united to oppose IM 28 because the state will need to cut its budget if IM 28 passes. He said IM 28 is poorly written because it doesn’t include a plan to make-up the lost sales tax revenue.

“When Governor Noem proposed the sales tax cut for food, she had a plan to pay for it,” Venhuizen said. “The sponsors this year do not.”

and..

Weiland said he’s not sure why so many groups are against IM 28.

Read the entire story here.

I obviously haven’t driven across the state on Highway 34 in a while as I think I’m seeing this for the first time.

Step it Up
By Rep. Dusty Johnson
October 4, 2024

BIG Update

I hosted my third Level Up Youth Conference this week. More than 250 Aberdeen area high school students joined for conversations on civility in politics, teamwork games and challenges, a keynote from Mitch Reed on sharing kindness, and more.

When I was a teenager, attending events liked these helped stoke my passion for public service. I enjoy seeing high school students being civically engaged and working to better their community. It was another successful conference, and I look forward to the next.

Johnson and students at the Level Up Youth Conference

BIG Idea

Central High School’s ATEC Academy equips students with career and technical skills. I enjoyed seeing what the students are working on and congratulating Mr. Konda for being named the 2024 National Speech and Debate Coach of the Year. He led their team to the 8^th consecutive state championship and placed 8^th nationally last fall. I also congratulated Mya Heintzman for being selected as one of 20 students for the Youth Collaboratory, a program that focuses on being civic-minded and helping communities.

Johnson with Central High School students in the ATEC program

BIG News

I shared an update about a potential port strike last week, and on Tuesday, the International Longshoremen’s Association (ILA) officially went on strike. This strike effectively closed 36 ports on the east and gulf coasts from Maine to Texas. About 45,000 workers walked off the job, demanding higher pay and no use of automation. Thankfully, the strike lasted three days and the dockworkers and employers came to a tentative agreement on Thursday.

A strike of this magnitude could’ve crippled the economy and caused prices to skyrocket. Consumers and businesses large and small rely on these ports for their products and goods. Suddenly not being able to receive parts could force a business to stop production or receive those parts through more expensive means, forcing them to raise prices. Further, American farmers utilize these ports for nearly half of containerized ag exports.

These ports help ensure our food security and national security. We must ensure they remain open and operational to have a functioning supply chain.

###

Former State Representative and Assistant House Majority Leader Michael Wagner has a column at South Dakota Searchlight noting why he believes that the Open Primaries measure being proposed as Amendment H should be passed.

Included in his reasoning is one of the points I’m in agreement with – that if an election is paid for by all taxpayers, then all taxpayers should be able to participate:

People, not political parties, should control our elections

Political parties do not appear in the U.S. Constitution. They are not part of our government or our democracy. Political parties are special interest groups – just like a labor union, a political action committee, or a professional association. Forcing voters to join a political party in order to vote in an election is more like Russia or China than a democracy. We are a “right to work” state – we don’t have to join a union to work. We should be a “right to vote” state – we shouldn’t have to join a political party to vote. Amendment H allows everyone to vote for any candidate in the primary election regardless of political affiliation. Political party status will not control if you can vote or for whom you can vote.

Tax dollars should not be used for partisan politics

When a political party endorses one person in an election or chooses delegates for its convention, that is political business. Just like a labor union, the chamber of commerce, or private corporations electing their leadership. Tax dollars should not be used to do political work. In South Dakota, the tax-funded primary election is being used by political parties to conduct private business. Amendment H guarantees that all voters will be able to participate equally in our taxpayer-funded primary. No special status for some voters because of their political registration. Political parties can still endorse candidates, campaign, and select convention delegates. But, they’ll have to do it with their own money – not with tax dollars.

You can go read the entire column here.