General Election Ballot Issues
Mitch Rave, Vice President of Public Policy for the Chamber, explains upcoming ballot issues and the Chamber positions for each. For a full explanation of each issue, visit sdsos.gov.
Initiated Measure 28 – An initiated Measure Prohibiting Taxes on Anything Sold for Human Consumption
This initiated measure prohibits the State from collecting sales or use tax on anything sold for human consumption. The measure eliminates these sources of revenue for the state. Human consumption is not defined by state law. However, its common definition includes more than food and drinks.
The Chamber is opposed to IM 28. Please see the September issue of Chamber News for a full explanation of IM 28.
Initiated Measure 29 – An initiated measure legalizing the recreational use, Possession, and Distribution of Marijuana.
This initiated measure allows individuals 21 years of age or older to possess, grow, ingest, and distribute marijuana or marijuana paraphernalia. Individuals may possess up to two ounces of marijuana products. Driving under the influence of marijuana remains illegal.
The Chamber opposes this measure due to workplace safety concerns and the fact that marijuana remains an illegal substance at the Federal level.
Constitutional Amendment H – An amendment to the South Dakota Constitution Establishing Top-Two Primary Elections
This amendment requires one primary election wherein all candidates (Governor, State Legislature, U.S. Senate and House of Representatives, and elected county offices) run against each other in their respective races, including major and minor party and unaffiliated candidates. All voters may vote for any candidate, and the top two candidates receiving the most votes advance to the general election.
The Chamber has elected to take no position on this issue.
Constitutional Amendment E – An amendment to the Constitution of the State of South Dakota, updating references to certain officeholders and persons.
This amendment changes the text of the State Constitution to remove the use of generic male pronouns when referencing certain officeholders or individuals. For example, when referencing the Governor, instead of saying “he shall be commander-in-chief of the armed forces of the state,” the text will be changed to read ‘the Governor shall be commander-in-chief of the armed forces of the state.”
The Chamber is supportive of this issue. The Chamber seeks to ensure that our elected officials are reflected correctly in the Constitution to include male and female officeholders.
Constitutional Amendment F – An amendment to the Constitution of the State of South Dakota, authorizing the state to impose work requirements on certain individuals who are eligible for expanded Medicaid
This constitutional amendment authorizes the State to impose work requirements on any person eligible to receive benefits under the expanded Medicaid program, except for those persons who are physically or mentally disabled. The amendment does not identify any specific work requirement that may be imposed on those receiving expanded Medicaid benefits.
The Chamber has elected to take no position on this issue.
Constitutional Amendment G – An initiated Amendment Establishing a Right to Abortion in the State Constitution
This initiated amendment establishes a constitutional right to an abortion and provides a legal framework for the regulation of abortion. This framework would override existing laws and regulations concerning abortion.
The amendment establishes that during the first trimester a pregnant woman’s decision to obtain an abortion may not be regulated nor may regulations be imposed on the carrying out of an abortion.
In the second trimester, the amendment allows the regulation of a pregnant woman’s abortion decision, and the regulation of carrying out an abortion. Any regulation of a pregnant woman’s abortion decision, or of an abortion, during the second trimester must be reasonably related to the physical health of the pregnant woman.
In the third trimester, the amendment allows the regulation or prohibition of abortion except in those cases where the abortion is necessary to preserve the life or health of the pregnant woman. Whether an abortion is necessary during the third trimester must be determined by the pregnant woman’s physician according to the physician’s medical judgment.
Judicial clarification of the amendment may be necessary. The Legislature cannot alter the provisions of a constitutional amendment.
The Chamber has elected to take no position on this issue.
Referred Law 21 – Provide new statutory requirements for regulating linear transmissions facilities, to allow counties to impose a surcharge on certain pipeline companies, and to establish a landowner bill of rights.
This is a referendum on 2024 SB 201. This referendum will allow voters to choose if SB 201 becomes law. To view the full text of the bill, visit https://sdlegislature.gov/Session/Bill/25010
The Act authorizes counties to impose, for any tax year in which the pipeline operator receives a tax credit, a $1.00 per foot surcharge on carbon dioxide pipelines. Revenue from the surcharge must be distributed as tax relief to each property owner in the county where the pipeline is installed. Any remaining revenue can be allocated at each county’s discretion. No other fee may be imposed except property taxes, or fees associated with road agreements.
The Act also imposes certain requirements on carbon dioxide pipelines: pipelines must be installed to a minimum depth; each pipeline operator is responsible for damages to drain tile, and to the surface owner, caused by the pipeline; each operator is also responsible for leaks or failures of the pipeline; and any land agent acting on behalf of the pipeline must be a pipeline employee, State resident, or State licensed real estate agent. The Act also includes requirements that carbon pipeline easements be in writing, and only enforceable for a specified period of time; pipeline operators must initiate business operations within five years of the easement; and each easement is void after five years of nonuse.
The Chamber has taken a position of support on Referred Law 21. The Chamber supports uniform regulations to ensure safety for residents and landowners, compensation for counties to offset increasing property taxes and other costs, and the regulatory continuity for linear projects that Referred Law 21 creates.
