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State-Tribal Relations Committee weighs impact of ballot measures on tribal nations • South Dakota Searchlight [1]
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Date: 2024-10-11
The legislative State-Tribal Relations Committee adopted “determinations” at its Thursday meeting in Rapid City that four measures on the Nov. 5 ballot could impact state-tribal relations.
The committee determined that Initiated Measure 28, which would eliminate state sales taxes on items for human consumption, and Referred Law 21, which would alter and implement new laws on carbon dioxide pipelines, could negatively impact state-tribal relations.
The committee determined that Initiated Measure 29, which would legalize a limited form of adult recreational marijuana use and possession, and Amendment E, which would update gender references for officeholders in the state constitution, could positively impact state-tribal relations.
No determinations were made regarding the other three ballot questions.
Committee co-chair Sen. Michael Rohl, R-Aberdeen, said the determinations are not endorsements or stances on the ballot measures. The committee facilitated a discussion of the ballot measures, he told South Dakota Searchlight after the meeting, because tribal leaders had inquired about how the seven measures on the ballot could affect their tribal governments and citizens.
“We wanted to make sure we’re highlighting potential impacts these measures have for them and then let them decide whether they agree with that,” Rohl said.
IM 28
If enacted by voters, Initiated Measure 28 would prohibit the state “from collecting sales or use tax on anything sold for human consumption.”
Proponents of the measure intend for it to apply only to state sales taxes on groceries, and they say it would cost the state budget about $123.9 million in the form of tax relief. They say that relief would primarily benefit people with low incomes.
But opponents argue the definition of “human consumption” in the measure includes more than groceries, and that the measure could cost the state up to $646 million annually.
The attorney general’s explanation states that judicial or legislative clarification of the measure will be needed.
The candidates, the ballot measures, and the tools you need to cast your vote. SD Votes: 2024
Nathan Sanderson, executive director of the South Dakota Retailers Association, told committee members that no matter how the measure is interpreted, it would affect sales tax agreements with tribal nations.
Eight of South Dakota’s nine tribal nations have tax agreements with the state — eight have tobacco tax agreements and five have sales tax agreements. The agreements allow the state to collect taxes from purchases on tribal land and remit a portion of sales and use taxes to tribal governments.
The elimination of food taxes and potential elimination of tobacco taxes would reduce revenue for eight tribal nations by about $3.5 million a year, Sanderson said. For food alone, it would be a reduction of about $1.3 million a year, he said.
Tribal governments can set their own tax rate, but they would have to establish their own system to replace the tax arrangement with the state. That would be difficult to establish, tribal revenue directors told South Dakota Searchlight in 2023.
Gov. Kristi Noem proposed a bill last year that would have reduced the state sales and use tax on groceries to 0%. Tribal governments cautioned against the bill at the time unless the lost revenue was replaced.
Crow Creek Tribal Chairman Peter Lengkeek spoke against the initiated measure at the State-Tribal Relations Committee meeting, saying that the tribe relies on the tax revenue. Lengkeek said he and other tribal leaders were not consulted about the measure.
Lawmakers present largely agreed that the initiated measure would negatively impact tribes and voted unanimously to recognize that.
“I think it would be a huge mess for the tribes,” said Rep. Tamara St. John, R-Sisseton.
IM 29
Committee members voted 5-2 to adopt a positive determination regarding the recreational marijuana ballot question, Initiated Measure 29. Some committee members said the measure could contribute to economic development in tribal communities, reduce underage access to marijuana and eliminate jurisdictional challenges between the state and tribes.
Currently, a South Dakotan without a state-issued medical marijuana card can legally purchase marijuana from some tribal dispensaries. But once they step off tribal land with the cannabis in hand, they risk an arrest. That jurisdictional issue is especially pronounced near “checkerboarded” tribal trust lands, where tribal, state and private land are mixed in the same area.
The passage of Initiated Measure 29 could eliminate that risk of arrest, although tribes would still have the authority to ban marijuana on their lands. Even if the Legislature decided not to implement a framework to legalize recreational marijuana sales, possession of marijuana alone would be legal within the state.
Tribal dispensaries would still be able to sell cannabis on tribal land, so South Dakotans could purchase recreational marijuana from tribal dispensaries and use it on state land even without a framework for retail sales in the rest of the state.
Sen. Red Dawn Foster and Rep. Peri Pourier, both Democrats and members of the Oglala Sioux Tribe, voted against the determination because they wanted to hear from the tribe directly.
RL 21
Referred Law 21 is a bill passed by the Legislature and signed into law by Gov. Kristi Noem during the past legislative session. The legislation includes some new protections for landowners and counties impacted by the construction of carbon dioxide pipelines. Critics say it also requires local authorities to demonstrate to state regulators that their pipeline regulations are reasonable, rather than pipeline companies having to prove to regulators that the local regulations are unreasonable.
Committee members voted 5-2 that upholding the law would have a negative impact on state-tribal relations because the law could affect local control, grasslands and have other environmental consequences.
Foster said the energy sector’s growth will open South Dakota and tribal nations up as potential “resources to exploit.” She added that tribal nations have “experienced corporate deception and greed” in the past.
Standing Rock Sioux Tribe Vice Chairman Frank Jamerson spoke against Referred Law 21, comparing the effort to build a carbon capture pipeline in the state to his tribe’s battle over the Keystone XL crude oil pipeline. He said the law is “another way to mislead the people.”
Lengkeek also stated that Crow Creek is opposed to RL 21.
Sen. Kyle Schoenfish, R-Scotland, and St. John voted against the negative determination. St. John argued the law could promote economic development on tribal lands.
Amendment E
Constitutional Amendment E would replace male pronouns in the constitution such as “he,” “him” and “his” with neutral words and phrases such as “the governor,” “the lieutenant governor,” “the officer,” “the elector,” “the accused,” and so on.
Amendments to the constitution require voter approval. Legislators voted last year to place the amendment on this year’s ballot. The vote was 35-0 in the Senate and 58-12 in the House.
The committee unanimously passed a determination that the amendment would positively impact state-tribal relations because it recognizes female leaders in both state and tribal communities.
Other ballot measures
The committee listened to testimony for all ballot measures, but did not make determinations on:
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