Earlier this week, Argus Leader executive editor Randell Beck went after Governor Rounds' "draconian" restrictions on state travel and the Argus editorial board also wrote an editorial attacking the governor. Vernon VanDerhule writes in to point out what the Argus got wrong:
The Argus Leader editorial "Let it rest, governor," is just flat wrong. Referring to hardworking state employees, the Argus Leader states, "This new law doesn't affect them at all, unless they use state aircraft."
If you read only the attorney general's ballot explanation, or Reynold Nesiba's ballot explanation, I can see how the Argus Leader came to the conclusion. But if the Argus Leader would have taken time to read the full text of the initiative, it would find something completely different.
Nesiba's initiative did not create a new section of state law. It amended an existing section that clearly applies to all state employees and all state vehicles. Nesiba added a paragraph on state aircraft that is more restrictive than on other state vehicles. Then he added additional language to the existing penalty for violation of the section. Behind the existing language, "A violation of this section is a Class 2 misdemeanor," Nesiba added the following:"The violator is also subject to a civil action by the State of South Dakota in circuit court for the recovery of a civil penalty of not more than one thousand ($1,000) dollars plus 10 times the cost incurred by the state for misuse of the vehicle. An action for recovery of a civil penalty of compensatory damages shall, upon demand, be tried by a jury."
Note carefully: The new penalty language does not say "aircraft" or "airplane"; it says "vehicle." I have no doubt whatsoever that the new penalty language applies not only to the governor in a state aircraft, but also to the hourly paid state employee driving a snowplow.
Had the Argus Leader taken the time to read the full text of the new law, the Argus Leader would have known this. The Argus Leader should know better.
Indeed.
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