PIERRE, SD (KELO AM) The Republican-controlled State Senate on Wednesday approved a repeal of Initiated Measure 22 by a vote of 27-8, after a long debate. The repeal was already approved by the House.
IM 22 was narrowly approved by the voters in the November election..
But Republican Brock Greenfield argued that IM 22 has too many constitutional problems to fix, so must be replaced.
"The judge ruled that the issues were so intertwined throughout the bill that it couldn't be severed, that it had to be looked at as a whole," A circuit judge has put the voter-passed law on hold.
Senate Democratic Minority Leader Billie Sutton said that repeal would mean lawmakers don't trust the voters, and that the law's constititionality has not yet been decided.
Republican Stace Nelson, who opposed IM 22, claimed that the repeal bill is itself unconstitutional.
"Bring this in a constitutionally sound fashion. Do it in a slow and respectful fashion. Multi-subject omnibus bills are unconstitutional,"
Republican Deb Peters says the taxpayer funding of elections that is part of IM 22 is unconstitutional, because only the legislature can appropriate money.
Democrat Troy Heinert warned against repeal when there was "no guarantee" that replacement bills would be approved. He also said some Republican lawmakers have a conflict of interest since they are part of the lawsuit brought against IM 22.
Governor Dennis Daugaard has called for repealing and replacing IM 22, and the State Legislature has been rushing to oblige him.
