No, not the painful legislative session we just took a 2 week break from. I’m talking about legislative filings. We’re coming towards the end of the time for legislators to file petitions to run for elections, and there are a few new candidates running.

In District 33, former GOP House member Elizabeth Kraus has filed for the State Senate taking over Dennis Schmidt’s seat. And in District 30 has Republican George Ferebee filing for the seat Gordon Howie has vacated in his quest for the Governor’s chair.  Not sure if there’s another candidate, but it would appear that this one is hauling some baggage around:

Deputy Sheriff Smith had a subsequent opportunity to arrest Ferebee. In 1999, three neighbors got a protective order against Ferebee for “stalking.”  The protective order was still in effect in March, 2003, when one of Ferebee’s neighbors videotaped Ferebee walking on the neighbor’s driveway.  Deputy Smith tried to arrange to talk to Ferebee, but he would not return Smith’s calls.  Smith therefore obtained an arrest warrant, and arrested him on March 15, 2003.  He was held in jail without bond over the weekend.

Deputy Sheriff Smith asked Ferebee for some information for the citation.  Ferebee refused to provide this information, and refused to accept the citation.  The deputy sheriff then placed him under arrest, took him to jail and advised him that his wife could post a $300 bond to get him out.   At the jail, Ferebee also refused to complete the booking information.  When his wife came to jail and posted the $300 bond, Ferebee continued to refuse to provide the information, so he remained in jail for another three hours until he decided to cooperate.

This federal lawsuit was filed by Ferebee pro se (did not have an attorney).  He also named as defendants his three neighbors who had obtained the 1999 protective order, and also against the local judge who had issued the protective order.

Read it here.

Er, yeah…  Maybe it’s just me being closed minded, but I know I prefer my Republican candidates without protective orders and multiple South Dakota Supreme Court cases related to such.

And my furbys as well.

Visit msnbc.com for breaking news, world news, and news about the economy

From the associated press/yahoo news, what Obamacare could mean to you:

Some health insurance consumer protections would go into place immediately, significant but limited in scope. The big expansion in coverage comes about four years from now, allowing more than 30 million people to sign up for insurance, with financial help from the government for most. Ripple effects continue well after Obama has to leave office in 2017, assuming he’s re-elected.

But even if the 2,700-plus-page bill passes, it’s only the end of the beginning. The Obama blueprint will be carried out under less-than-ideal circumstances. Rising medical costs and an aging population will keep squeezing the federal budget. Lawmakers will have to revisit hard choices they sidestepped.

“This is going to play out over a generation,” said Andrew Hyman, who oversees health insurance research for the nonpartisan Robert Wood Johnson Foundation. “The impact of the reform legislation will affect every facet of our health system. It will address how people get coverage, how health care is delivered, and how health care is paid for.”

and…

Obama’s plan wouldn’t require employers to provide insurance to their workers, but it would hit them with a stiff fine if even one of their workers gets a federally subsidized coverage. Companies with 50 or fewer workers would be exempt, and those with 25 workers or fewer could get federal assistance.

But the fines could turn into a big headache for many employers, particularly since they may not be able to tell if their workers are getting benefits from the government. For example, a company with 100 employees that fails to provide coverage could face a fine of $140,000 under the plan Obama unveiled Feb. 22. Getting the bill from the IRS would become a dreaded moment for business owners.

Read it all here.

Ahhhh….   Was I apologizing for light posting last week?  I’ve closed out my position with the Red Cross (yes, of my own volition), and am on to greener pastures, as I devote myself more fully to my Real Estate job, and my duties with the Munsterman for Governor campaign. Lots of activity here (I’m sitting at the campaign office at the moment), but I promise I’ll make time to write about other things.

The hot topic on everyone’s lips is the fact that the legislature failed to pass a budget before it decided to take it’s 2 week break.  Lots of chatter on that topic on the message and comment boards.  Not all of it very praising. In fact, much of it is pretty critical.

I had a long conversation with one of the Senate leaders about that very topic last night. Not in an angry way, but he wanted people to know that the budget has been one thing that GOP leadership has worked very closely on over these past weeks, and across both chambers, they were adamant that if they take this money, it must go towards one-time spending, since they are one-time funds.

Another point he made was that if South Dakota didn’t take the money, it would potentially go to someone else, and South Dakotans would be paying it back anyway (in the form of future allocations of our income taxes).

Finally, we discussed that none of this might be settled by the time legislators return. We won’t know if we get the funds, what strings might be attached, etcetera, potentially necessitating a special session.

Most people have been sounding off pretty negatively about it. Me? I still don’t know if we should take the funds.

The point about one-time monies being devoted to one time spending is very valid, and about the only way we should accept it. But – even after sleeping on it – I still have trouble with the argument that we should take it because we’ll be paying it back if we don’t.

I guess it comes down to the ideal that the more we take, the more we will be beholding to the federal government.  We’re not exactly model citizens (as a state) when it comes to federal money.

But don’t we have to decide where we draw the line in the sand? Or are we going to be another federal welfare recipient, holding special sessions every year when the federal government decides how much state bail out cash they’re going to throw at us?

What’s your opinion on all of this?

The Rapid City Journal/Associated Press is reporting that once again, legislators are actually contemplating that they will write another “Obama Bail-out budget” and go into deficit spending just to do so.

South Dakota will not be able to get an expected $36 million in extra federal aid if the Legislature balances the state budget by cutting spending, Gov. Mike Rounds said Friday.

If the budget is balanced through spending cuts, the state couldn’t prove it needs the additional federal aid, Rounds said. And the state couldn’t accept the money just to put it in a savings account for next year, he said.

and…

Knudson and House Republican Leader Bob Faehn of Watertown said South Dakota cannot turn down the extra federal aid because it would otherwise go to other states.

and…

Democratic legislative leaders said they also support using the extra federal money to balance the budget, but they continued their call for long-term changes aimed at restraining state-government growth.

Read it here.

You know, when I told my mom I should be able to do things because “everyone else was doing it”  it didn’t hold a lot of water with her.

Yet, here we are. We’re being told that the state needs to write a deficit budget because otherwise the money will go to other states instead.

Funny. That argument rings as hollow with me as my own pleas did with my mom.

Well… How painful do we expect the budget battle to be tomorrow?  Legislative leaders are already holding out the carrot that Obama might be there to bail SD out…

The South Dakota Legislature’s plans to cut state spending next year were thrown into question Thursday when lawmakers learned the state might get an extra $36 million in federal aid.

The Legislature had planned to pass a state budget before the main run of this year’s session ends Friday. But the Joint Appropriations Committee might delay completion of the spending plan until March 29, when lawmakers are due to return to Pierre to consider any vetoes by Gov. Mike Rounds.

Legislative leaders said they want to find out whether Congress gives final approval by the end of March to a measure that would provide states with extra federal money for Medicaid, the state-federal program that pays the medical expenses of poor people.

Read it here.

Hmmm….  Here’s a thought. Instead of waiting for Obama to bail South Dakota out AGAIN, why don’t legislators consider actually balancing the budget NOW.  And if the cash comes… great. We can figure out a way to be just that much farther ahead next year, as opposed to avoiding the tough questions one more time.

But that doesn’t even seem to be an option:

Dilges said the Legislature has three options:

It could pass a balanced budget now and revisit it later if federal money becomes available.

It could pass a budget relying on reserve funds now and automatically replace those reserves with federal money if it becomes available.

Or the Legislature could wait two weeks and see if more information is available before making a decision.

Dilges said the third options seems like the best to him.

“If I got a vote, I’d probably say, ‘Let’s wait and see,’” he said. “Then you don’t cause lots of concern about cuts that you may or may not follow through with.”

That appears to be the course lawmakers will take.

Read it here.

Should we consider this leadership?

From my mailbox:

Pelosi Says She Has the Votes, Blue Dog Leader Says Not So Fast

Herseth Sandlin: They’re Not There Yet

Speaker Pelosi: We Have the Votes to Pass a Healthcare Bill:

“House Speaker Nancy Pelosi, D-Calif., suggested in an interview House Democrats have enough votes to approve healthcare legislation ‘if we took it up today.’ In an interview conducted Tuesday, PBS talk show host Charlie Rose asked Pelosi whether the House would approve a Senate-passed bill if it came up for a vote this week. ‘Yes,’ she said. ‘If we took it up today, yes.’” (UPI, 3/10/10)

Blue Dog Leader Herseth Sandlin: No You Don’t:

“There are some folks that were ‘yes’ votes on the House bill last year that I – in conversations I’ve had – I know don’t support this process going forward and the changes that are in the Senate bill or what the President has proposed so it’s going to be a close vote. It was a close vote last time and they’re not there yet.” (Stephanie Herseth Sandlin conference call, 3/10/10; original source here)

Got a call tonight that my wife saved for me on the answering machine.

It was from Gordon Howie.

“Gordon?” I asked my wife. “I wonder what he wants?”

And, I listened to the message below:

The message to me from Gordon was that “the big spenders in Pierre are at it again,” and that “they’re behind closed doors planning to spend even more next year than they are this year.”

Just for the sake of clarification….  Can someone tell me who “they” are?  Is he referring to the Governor?  Is he referring to the Democrats?  Or is he referring to the legislators themselves as a group?

And if that’s who he’s referring to – hasn’t he personally had a seat at the legislative table for the past six years?

I’m just asking.

What do you think?

Sorry for the light posting for the week. It’s not going to get any better through this weekend.

I’m closing out my duties at the Brookings Red Cross, so I might devote more time to other things, such as the Munsterman campaign, and my career in Real Estate.

My departure was always going to happen at some point, and things gelled enough to allow it to occur this year instead of another one or two down the line.

So, bear with me. Today I’m busy cleaning out my desk and organizing things on paper for the next person, as well as everything else that’s going on.

Stay tuned.

From my mailbox:

FOR IMMEDIATE RELEASE CONTACT: Lucas Lentsch

Monday, March 8, 2010

State GOP Chairman Calls on Democrats to Come Clean on Campaign Attack Slush Fund

PIERRE – Today State Republican Party Chairman Bob Gray called on Rep. Stephanie Herseth Sandlin and Democratic State Party officials to come clean on the details of a joint campaign attack slush fund. Late last week, the Democratic State Party admitted to funding the first round of negative attacks in the U.S. House race with funds from Rep. Herseth Sandlin’s campaign yet Herseth Sandlin denied any knowledge of the attacks. The negative attack robo-calls targeted State Reps. Blake Curd and Kristi Noem, both running for U.S. House and a handful of other legislators.

“Democrat officials recently admitted to creating a joint campaign slush fund of money for negative attacks against Republicans. The first targets have been two Republican U.S. House candidates prepping to take on Rep. Herseth Sandlin this fall in a race pundits call a toss-up. Democrat leaders should immediately disclose who has put money into this joint campaign attack slush fund, how much, and who is pulling the strings,” said Gray.

“Either Rep. Herseth Sandlin’s state party operatives are going rogue and spending her campaign cash on negative attacks without her knowledge or Rep. Herseth Sandlin isn’t telling us the whole story. Either way South Dakotans deserve better from their elected officials,” said Gray.

###

From the Rapid City Journal:

Seven South Dakota men have been charged with conspiring to cheat Rapid City out of $100,000 in landfill fees.

The men, along with Fish Garbage Service of Rapid City, were indicted Thursday in Seventh Circuit Court in Rapid Court. They were identified as George Fish, 72, Clifford Fish, 47, Randall Meidinger, 42, Harold Steen, 49, Charles Cordes, 52, Steven Pope, 53, and Matthew Gibson, 32, all of the Rapid City area.

Clifford Fish is president of Fish Garbage Service, which allegedly dumped its waste at the city landfill without paying the required fees to do so.

Meidinger had been employed by the city as a landfill attendant. It was not immediately known whether he still worked there.

Read it here.

Hmm….  I wonder what brought this all up?

Alderman Sam Kooiker e-mailed city Public Works Director Robert Ellis and the Solid Waste Committee on May 2 about concerns from an anonymous source that a hauler may have paid less than fair price for dumping building debris a month earlier.

“The information I am getting indicates that this hauler may have been getting deals like this for awhile from an inside connection at the landfill,” Kooiker wrote.

Ellis responded three days later, saying they had investigated the April incident and found no wrongdoing.

“We spent a great deal of time yesterday investigating this matter and I am confident in saying there exists no collusion to defraud the City Landfill between either Fish Garbage Service or our landfill attendants,” Ellis wrote May 5.

Read that here.

And then they censured Sam, originally in part because he sent too many e-mails.

It’s interesting that of the “censure 6,” the group of city officials who voted to punish Alderman Sam Kooiker for paying attention to his constituents, 2 have already given notice that they aren’t going to run again. Given their debacle Rapid City just went through, it’s easy to see why. And probably for the best.

2 down. 4 to go.

The Mitchell Daily Republic has the interview on their website, but I had this sent to me from another party.

11 seconds of silence from Congresswoman Herseth Sandlin when she finally gets around to answering the question from Kevin Woster from the Rapid City Journal about her relationship with Nancy Pelosi.

On a regularly scheduled media conference call, Rapid City Journal reporter Kevin Woster asked Herseth Sandlin to describe her relationship with Pelosi in regard to the ongoing health-care reform effort.

“I would describe our relationship as, uh … uh …” Herseth Sandlin said, before emitting what sounded like a half-laugh, half-sigh and finally breaking an 11-second interlude with this: “… one in which she has, uh, I think she would respect, uh, my decision-making process and, uh, one in which she probably acknowledges that I have some disappointment on how this process has unfolded.”

Republicans seeking to oust Herseth Sandlin in the November election have tried to portray her as being in lockstep with Pelosi and the agenda of other liberal Democrats.

Read it here.

It sounds to me as if Herseth Sandlin can see it all slipping through her fingers, and there’s nothing she can do about it.

This is going to be a Republican year at the ballot box.

From the argus leader:

Republicans in Pierre on Thursday unveiled more than $52.6 million in proposed cuts to help balance the state budget. A look at some of those proposed cuts and how much money they would save:

• $1.7 million: Intensive Meth Program
• $2.3 million: Tobacco prevention
• $660,000: School for the Deaf
• $100,000: State Fair
• $1 million: Tourism and State Development
• $400,000: Board of Regents Co-op Extension Service
• $7 million: 2 percent across-the-board cuts, excluding K-12 funding and Medicaid

and…

Legislative Republicans in Pierre unveiled a long-awaited proposal Thursday to balance next year’s budget with a host of cuts and new revenues.

The proposal exceeds $52.6 million – more than the $40 million they set out to cut. Republican leaders cautioned that changes probably will be made in the final week of the session, and some cuts might not be necessary if tax revenues appear to be improving.

The biggest source of revenue – $11.5 million – would come by reducing tax refunds for large construction projects, although that revenue source hinges on the passage of two bills next week.

and..

Rounds made the case again Thursday for using reserve funds rather than making cuts. A lot of people in South Dakota are hurting economically, and the cuts would only add to the pain for some.

“I think you have to decide whether or not a rainy-day fund is there for the purpose of trying to eliminate as much pain on individual citizens as opposed to simply savings for savings sake,” he said.

But Senate Majority Leader Dave Knudson, R-Sioux Falls, said the cuts are needed now because the state faces an even greater shortfall next year. The reserve funds, he added, need to be preserved for that challenge – one that could exceed $100 million if cuts aren’t made now.

“I certainly agree that it’s raining right now,” he said. “But in fact, we’ve got a tornado on the ground and on the horizon. If you think it’s raining now, it’s going to be pouring.”

Read it all here.

Have those in the legislature who campaigned as being fiscal conservatives  at the same time they rubber-stamped deficit budgets finally seen the light? Are they finally going to join the budget hawks that had been getting beat on for years over being tight-fisted?

What are your thoughts on the whole legislature mandated cut versus gubernatorially preferred reserve draw?

If you haven’t noticed yet, I’ve got a new advertiser here at the SDWC – Artistic Images by Jael.

Jael has produced some of the best looking campaign materials you’ll ever have the good fortune to see – Click on the link to visit her website, and please patronize her, as well as our other sponsors.

I had someone drop me a note to catch the activity on John Cooper’s confirmation yesterday on the Senate floor.  I’m told that – supposedly – Senate B.J. Nesselhuf can be heard using language he might not use in front of his grandmother.

I’m pulling the clip right now, and will try to sift through it. Anyone else hear about this?

UPDATE -Here’s the sound clip. You be the judge:

The context is that it comes right after Senator Knudson requesting that action on John Cooper’s appointment being deferred until today.

An audience member told me about it, noting that it should be audible that – allegedly – Senator Nesselhuf referred to some part of it as “Bullsh*t.”

Listening to the clip, I have to admit, a microphone picked up something that sounds like someone might have used that phrase. Maybe not as distinctly as I was told, but it sure sounds like it. Here’s the clip isolated further:

Now, I’m sure it isn’t the worst thing ever said on the floor.  But you have to admit, those legislative microphones are possibly more sensitive than legislators realize.

From my mailbox:

For Immediate Release Contact: Joshua Shields

Curd Camp to Herseth-Sandlin: Talk to South Dakotans About Health Care, Not White House

SIOUX FALLS – After Rep. Stephanie Herseth-Sandlin attended a White House cocktail hour at the White House last night where President Obama was reportedly going to twist the arms of wavering Democrats on the health care bill languishing in Congress, the Blake Curd for Congress Campaign offered up an invitation to Rep. Herseth Sandlin to meet with average South Dakotans to discuss health care reform here in South Dakota.

“While shrimp cocktail and martinis won’t be on the menu and we might not have the trappings of the White House back here, we would still like to invite Rep. Herseth-Sandlin back to South Dakota to meet with average South Dakotans to discuss their thoughts on the government takeover of health care,” said Joshua Shields, Curd’s campaign manager.

“Rep. Herseth refused to have any townhall meetings last year to discuss health care but she immediately jumped at the chance to go to the White House and hear the pleadings of President Obama and the Democrats in Congress pushing a disastrous health care bill the American people have rejected. Rep. Herseth Sandlin should offer the same courtesy to South Dakotans who are concerned about their own health care and hear their thoughts on a government-run system that breaks the bank,” said Shields.

NBC’s Chuck Todd is reportsing via Twitter that Rep. Stephanie Herseth Sandlin is heading to the White House tonight. The purpose of the meeting? President Obama will seek to win over the Democratis holdouts who opposed Obamacare 1.0

Chuck Todd writes, or tweets, that the healthcare “arm-twisting begins at happy hour at the WH where 10 House Dems who voted NO the first time will be attending.” In a follow up tweet, Todd says Herseth Sandlin is one of ten invited Democrats.

Read it all here.

nrcc_pressheaders_nrcc

For Immediate Release: Contact: Press Office
March 3, 2010

Stephanie Herseth Sandlin Still Won’t Cough Up Rangel’s Tainted Campaign Cash

South Dakota Democrat Hangs On to $17,000 in Dirty Donations, Tarnishes Herself with Rangel Connection

Washington- Corrupt Harlem Democrat Charlie Rangel’s ethical lapses have forced her to step down as Chairman of the powerful Ways and Means Committee, but that hasn’t stopped Stephanie Herseth Sandlin from holding on tightly to his dirty campaign contributions. While some of Herseth Sandlin’s Democrat colleagues have been quick to jump ship and rid themselves of Rangel’s tainted donations, Herseth Sandlin has lined her campaign coffers with $17,000 – and so far appears to have no intention of giving it back. Herseth Sandlin’s clear disregard for the House Ethics Committee’s ruling leaves South Dakota families with a question for Herseth Sandlin: Is $17,000 worth tying your name to the face of Democrat corruption in Washington?

“Rangel has raised considerable money for fellow Democrats. His leadership political action committee raised $2.2 million in the 2008 election cycle and spent $2 million, according to the Center for Responsive Politics. He also raises money through a Rangel Victory Fund.

“Republican campaign officials have started criticizing individual Democrats for holding on to chunks of campaign contributions that resulted from Rangel’s fundraising.

“As an example of his eroding support, Rep. Ann Kirkpatrick, D-Ariz., is giving campaign funds affiliated with Rangel to charity, her spokesman said.” (Larry Margasak, “Rangel stepping down from tax-writing chairmanship,” 3/03/2010)

Perhaps House Democrats should have considered Rangel’s checkered past before promising to ‘drain the swamp’ and ‘turn this Congress into the most honest and open Congress in history.’

“‘Drain the swamp’ means to turn this Congress into the most honest and open Congress in history. That’s my pledge — that is what I intend to do,’ Pelosi stated in an interview with NBC’s Brian Williams.” (Brian Williams, “Rep. Pelosi poised to make history”, NBC Nightly News with Brian Williams, 11/08/2006)

“While her Democrat colleagues are coughing up Charlie Rangel’s dirty donations in droves, Stephanie Herseth Sandlin’s refusal to give up his $17,000 is a slap in the face to the South Dakota families who voted her into office,” said NRCC Communications Director Ken Spain. “Until she speaks out and says otherwise, it’s clear that Herseth Sandlin has no problem associating herself with Rangel’s notorious ethical problems. Such utter disregard for South Dakota families and the House Ethics Committee’s ruling proves that Herseth Sandlin is willing to turn a blind eye to the corruption problem that is running rampant through the ranks of Washington Democrats.”

###

I just had a note dropped to me that my good friend Rich Sattgast is having a meet and greet tonight with regards to his candidacy for State Treasurer, and that it’s open to the public.  No RSVP necessary, just show up.

Sattgast Meet and Greet
Longbranch restaurant in Pierre (Main Street)
From 6:30 to 8:30 pm.
Refreshments and Hors d’œuvres provided.

Tell him I sent you.

I’d written a few days ago, offering my opinion about John Cooper, the man appointed by Governor Rounds to the GF&P board:

I like John on a personal level. This former Federal Law enforcement officer, and Vietnam Veteran (Navy Seal) is just flat out a good guy.

I don’t think anyone on the Senate panel first up to hear his nomination was listening:

A state Senate committee voted 7-2 Tuesday to recommend that the full Senate not approve the appointment of John Cooper of Pierre to the state Game, Fish & Parks Commission.

and…

Critics of Cooper said he had been a divisive force in the often stormy relationships between GF&P and some state farmers and ranchers. Cooper’s supporters said he is eminently qualified to serve on the commission and worked as GF&P secretary to heal the landowner-GF&P divide.

Voting for Cooper’s nomination in the Senate Agriculture and Natural Resources Committee Tuesday were Sen. Cooper Garnos, R-Presho, and Sen. Mike Vehle, R-Mitchell. Voting against Cooper were Sen. Larry Rhoden, R-Union Center; Sen. Gordon Howie, R-Rapid City; Sen. Ryan Maher, D-Isabel; Sen. Frank Kloucek, D-Scotland; Sen. Jim Bradford, R-Pine Ridge; Sen. Jim Peterson, D-Revillo; and Sen. Tom Hanson, R-Huron.

Read it here.

I’m probably a bit biased on this because I do like John, but I’m not sure I see why there was such a strong vote against him.  He brings the perspective of not someone who has been in the office managing and trying to facilitate wildlife and conservation issues, but he also offers the perspective of someone who- as a federal law enforcement officer – has been out carrying a gun on the front lines against poachers.

Someone help me here – is there a rational basis for rejecting this appointment? Or is it simply knee jerk politics?

From KELOland:

Back in February of 2002 Stoddard spoke in support of a law that lowered the legal limit for drunk driving in South Dakota from 0.10 to 0.08.

“I hope it makes people stop and think, you know about drinking and driving but I’m afraid in a lot of cases it won’t matter,” Stoddard said in that 2002 interview.

Stoddard is now accused of several drug-related crimes after a bust at her home. Court papers say after receiving complaints over the last several months about teens drinking and doing drugs at her home they decided to dig deeper.

and…

When police carried out a search warrant on Stoddard’s home over the weekend they found nine people inside, including six teens. One was a Brandon Valley High School senior who admitted he had been selling marijuana out of Stoddard’s home.

In Stoddard’s room the police found several snort tubes and baggies full of meth.

Read it all here.

Just got word that someone – apparentl y SD Dems – have a robocall running in the Brookings area specifically targeting Larry Tidemann and talking about the State Budget. As I’m told, it mentioned Tidemann, and gave a number to call so you could express your displeasure about the budget situation.

From my mailbox:

For Immediate Release: Contact: Press Office
March 2, 2010

Herseth Sandlin’s Colleagues Have Already Returned Rangel’s Tainted Money, So What is She Waiting For?

South Dakota Democrat Took $17,000 From Crooked Ways and Means Chairman

Washington- Notoriously corrupt Harlem Democrat Charlie Rangel’s recent admonishment by the House Ethics Committee has caused a stir among the nervous House Democrats who have accepted the Ways and Means Chairman’s tainted campaign contributions. Now, Democrats like Stephanie Herseth Sandlin have found themselves in the eye of an ethical storm. Not only has Herseth Sandlin accepted $17,000 in dirty campaign funds, but she has twice voted to sweep her party’s corruption problems under the rug by letting Rangel off the hook. With House Democrats quickly abandoning the embattled chairman, will Herseth Sandlin finally follow suit?

“After months of holding ranks, some Democrats are finally turning on House Ways and Means Chairman Charles Rangel (D-N.Y.) in the wake of an ethics committee finding that he violated House rules by accepting a Caribbean junket.

“Early Friday, Rep. Paul Hodes (D-N.H.) told POLITICO he wants Rangel to quit his powerful committee post — and that was quickly followed by similar statements from a pair of deep south Democrats, Mississippi Rep. Gene Taylor and Alabama Rep. Bobby Bright.” (Glenn Thrush and John Bresnahan, “Dems Call for Rangel’s Gavel,” Politico, 2/26/10)

Now that the money is tainted, House Democrats have been quick to return it. Will Herseth Sandlin do the right thing or is she too concerned about keeping Rangel’s checkbook open?

“I admire Mr. Rangel for his decades of leadership on civil rights and his service in the armed forces and in Congress,” Himes said. “But as elected officials, we must live up to the highest ethical standards. Given this admonishment by the Ethics Committee and the other allegations pending against him, I have directed my staff to donate to charity the campaign contributions received from Mr. Rangel.” (“Himes quickly distances himself from Rangel,” Connecticut Business News Journal, 2/26/2010)

“Tsongas said she received the donations in 2007, before she was a member of Congress, and now plans to donate the money to charity.

“Because she strongly believes that members of Congress have to be held to the highest ethical standards, she is disappointed by Congressman Rangel’s actions,” Tsongas spokeswoman Katie Enos said. The NRCC and other GOP groups are ramping up their efforts in Massachusetts in the wake of Brown’s Cinderella win. Tsongas is facing Republican businessman Jon Golnik in November.” (Dave Wedge, “GOP Zings Tsongas,” Boston Herald, 2/28/2010)

“Charlie Rangel has been embroiled in an ethical storm for years, but that hasn’t stopped Stephanie Herseth Sandlin from lining her campaign coffers with his tainted money,” said NRCC Communications Director Ken Spain. “Now that Rangel has finally been busted for his ethical wrongdoings, Herseth Sandlin has egg on her face for repeatedly protecting the embattled chairman. After accepting $17,000 in tainted campaign donations from the Harlem Democrat and twice voting to let him off the hook, Herseth Sandlin is tied to this scandal whether she likes it or not. Will Herseth Sandlin try to salvage what’s left of her political career and finally abandon Rangel and his campaign money?”

###

I heard that it’s all but done that State Representative Larry Tidemann is going to challenge Senator Pam Merchant for the District 7 Senate Seat.

That leaves an open House seat in Brookings with no candidate in sight.

Hmmm…….  

Tempting, but I’ve already got a campaign gig this year.

Many of you were wondering what was going on with my late Friday night angst, and I can mention it now.

All that was going on – as I’d mentioned – is that I’m uncomplicating my life a bit.   What I decided to do was to resign from my more than part time job with the Red Cross, so as to devote more time to other already existing things. I’d been getting pulled 5 different ways, and now I’m now down to 4. Where most people let themselves be stretched thin, I was little more than a smear on the road.

It’s a leap of faith, but now I’ll be able to give better quality and quantity to those other things important in my life.

That’s all.

It probably wasn’t worth losing a night’s sleep over, but I hate change, and it was steady work.

Stay tuned.

This last week the Rapid City Journal was trying to stir things up in the GOP primary contest for Congress by pointing out donations and associations with Democrat office holders by Representatives Noem and Curd before they were involved in politics.

Well, they’re back stirring the pot again. This time, trying to manufacture some controversy with Secretary of State and candidate Chris Nelson in a front page, above-the-fold feature about Chris doing his job in seeking the identity of the donor to “promising future, inc” in the anti-abortion measure campaigns:

“Everybody was confused.  He kept appealing and appealing and appealing,”said Dr. Allen Unruh, a Sioux Falls chiropractor and long-time abortion foe. “All I can say is different people are questioning why Chris did that. And I think he’s got reservations about why he did it now, too.”

Nelson is aware of those reservations and their potential to cost him votes in June. But he doesn’t second-guess his decision to push the case, based his understanding of campaign finance law and advice from the state attorney general. “There are still folks out there who believe I should not have  pursued what both the attorney general and I felt the law was,” Nelson said. “Yeah, those folks are still out there. And they’re entitled to their opinion. But the attorney general and I both felt that the law required the reporting of that name.”

and…

Not all Republican voters with strong anti-abortion opinions resent Nelson’s actions against Promising Future.

Rapid City businessman Bob Fischer said Nelson was “just doing his job” in seeking the identity of the donor. “I feel very strongly that Roger Hunt was in the right on that issue and knew what he was doing,” Fischer said. “But I believe Chris has very solid credentials in being pro-life. I do not hold any animus toward him in pursuing that issue.”

Fischer did say, however, that it is important for Nelson to do more  campaigning and make more personal contacts with Republican voters. “I think he’s a really good candidate. But he needs to get out more,”Fischer said.

Right now, it’s only in the dead tree edition. But, eventually, you can read it all at the Rapid City Journal website.

The Washington Examiner has a story about whether or not Congresswoman Herseth Sandlin will be the next SD Democrat of stature to fall as a result of voter discontent:

Democrats have to walk a very fine line in South Dakota. They need only to look back in the last 30 years to find two examples of what can happen when a South Dakota Democrat is perceived to have drifted a little too far to the left and was up for re-election in an anti-Democratic year.

Could Stephanie Herseth Sandlin, the state’s at-large U.S. Representative, join George McGovern and Tom Daschle in that infamous group?

According to a new Rasmussen Reports poll, leads South Dakota Secretary of State Chris Nelson by only seven points, 45%-38%. The same poll shows her leading two other potential Republican opponents by double-digits, but still far below the 35+-point margins by which she won her last two re-election campaigns.

Read it all here.

I just heard from an attendee that at the Grant County Lincoln Dinner Dave Knudson had a couple of comments that invoked his opponent Dennis Daugaard’s name, and not in a complimentary manner.

Anyone in attendance at that dinner who was paying attention that can elucidate?

I’m in Pierre today for a swim meet that one of my daughters is attending. Following in her father’s footsteps from many years ago, she’s at the State B/C swim meet in search of a qualifying time to attend the State “A-time” Swim meet. (I think I made maybe 1 or 2 “a” times in my career…)

I’ve ended up spending plenty of time this morning talking to the politicos haunting the halls of the Pierre YMCA pool including Senate President Pro Temp and State GOP Chair Bob Gray, 2008 Congressional Candidate Chris Lien, and South Dakota Attorney General Marty Jackley among the people I know there.

(…and a shout out to Chris H too!)

Here’s one I just heard this AM: Rumor has it that Randy Frederick is contemplating running for the legislative seat to be vacated by Kristi Noem, who is going to be busy running for Congress.

Randy, a former legislator himself, is more infamous for his tenure as chair of the SDGOP. During his time, the party is alleged to have come out with a “do not help” list that certain staff were given to reference in determining which legislators got help during the campaign, and which got the shaft – as determined by two thumbs up, one up or one down, or two down.

I’ve been told on more than one occasion that it existed by a person who saw it directly.

The only question remaining is what list Randy is going to find himself on if he does run, and the shoe is on the other foot.

Well, actually it’s 4:15, and I’m supposed to get up in 2 1/2 hours, but I can’t sleep.  And the fear isn’t gone either, but sometimes you’ve got to do what you’ve got to do.

Ugh. I hate nights like this,  The glass (as in singular) of wine I had with an elected official last night when I hit Pierre has remained in my stomach, eating into it like a fruity zinfandel acid. More than likely it’s just anxiety over a decision I made last night.

Don”t get me wrong, I don’t regret my decision, and it’s something that was long overdue. My life needed “un-complicating.”  This will be good in the long run for more than just myself.

(Okay, this still isn’t lulling me back to sleep.)

More than anything, I’m just worked up about the “C” word – change. Change can be stressful, I just need a little time to adjust to the alteration in my life.

I’ll fill you in on it in coming days, so bear with me.

There had been chatter in recent days over the path that Rapid City Mayor Alan Hanks was going to take in the Kooiker censure controversy.

If you forgot, the City Council had censured Kooiker for doing his job as an elected official in questioning expenses, advocating for constituents, and similar things that the rest of the council deemed tomfoolery.

They had charged Kooiker with everything under the sun, including the kitchen sink, and his little dog too.  They charged him with sending “too many e-mails,” despite not having  a policy on what number was appropriate. They charged him with the fact they spent $10,000 of taxpayers money investigating the censure, and they charged him with the $7,000 they spent on a previosu investigation when they couldn’t trump up find any wrongdoing.

In other words, Sam serves as an irritant to the rest of the council, because he makes them look bad.  And they “by God” were going to get their pound of flesh.

The council voted 6-3 to issue a censure. However, such action under law could be voided by the mayor, Alan Hanks, the man that defeated Kooiker for the seat.

Today, after about a week, Mayor Hanks finally weighed in with his decision on how he was going to proceed; whether he was going to overturn a decision that most in Rapid City, including the local newspaper, says was ridiculous and unjust, or whether he was going to agree with the city council’s action:

Mayor Alan Hanks took the occasion of a public meeting on an entirely separate topic Thursday to issue a statement regarding the city council’s censure of Alderman Sam Kooiker.

“It would not be appropriate to interject the Mayor’s Office into an issue which by South Dakota Law clearly states that only the city council can judge and discipline one of its members,” the statement said.

and…

The council voted 6-3 to censure Kooiker in the early morning hours of Feb. 17 after a meeting that included six hours of public testimony and debate. Aldermen Bill Waugh, Lloyd LaCroix, Malcom Chapman, Karen Gundersen Olson, Ron Kroeger and Deb Hadcock voted for censure. Aldermen Ron Weifenbach, Patti Martinson and Aaron Costello opposed censure.

In the days that followed, the mayor would not comment on whether or not he would veto the censure or what his options would be. Under state statute, a mayor has the legal authority to sign or veto any ordinance or resolution passed by the council within 10 days.

Read it all here.

Basically he’s weighing in and saying he’s going to sit on his hands, doing so at a completely unrelated event. (As if people might not notice.)  And claim that he has no business overturning the decision, despite the fact that state law says he can do so.  Is anyone seeing decisive leadership in this one?

Mayor Hanks opts to quietly take the bye.

Stay Tuned.

This note went out with Tea Party Gubernatorial Candidate Gordon Howie’s first fundraising letter, which is from the director of the South Dakota Gun Owners, the same group which went around leafleting Lincoln Day Dinners in South Dakota this past year with Anti-Dave Knudson propaganda as it relates to his 2nd Amendment record.  They’re also the same group that had been accused of threatening legislators in 2004, and the only group that supported this past election’s Initiated Measure 10.

Also included in this mailing was a fundraiser letter and response page from Howie. (Of course, you can click on the pages to enlarge them).

howie_gun_Page_1

howie_gun_Page_2

howie_gun_Page_3

howie_gun_Page_4

howiegun2

What do you think? Is a Lautenshlager endorsement a bold statement of support? Or does his involvement in the Howie campaign poison the well?

Indulge me… If you’re in the Brookings area next weekend on Friday or Saturday, please support a good cause, and buy a ticket. (or 10.)

On March 5^th and 6^th, there will be benefit shows staged for the Brookings Red Cross by Reza/Illusionist.
Also taking place these nights will be a silent auction.

Along with an action packed performance the evening will also offer an assortment of silent auction items including autographed memorabilia from the casts of Desperate Housewives and NCIS, American Idol host Ryan Seacrest, illusionists David Copperfield and David Blaine, among others.  All proceeds from this event will benefit the Brookings County Chapter of the American Red Cross.

Tickets are available on line at the Brookings Red Cross website at http://www.brookingsarc.org or by calling the office at (605) 692-6772

Performances both Friday and Saturday night at 7pm at the Brookings High School

$15 for General Admission 2 – $30 for General Admission 1 – $50 for VIP Tickets.

For VIP Ticketholders Only:

In honor of our VIP ticketholders, we would like to invite you to a pre-show VIP Meet & Greet event with Reza & Red Cross volunteers.
This meet and greet will include a pizza party and free gifts upon arrival.

This will also provide you with an opportunity to take a look at our amazing silent auction items – which include autographed celebrity items as well as locally donated items.

VIP Meet & Greet
5:30 pm, Night of Performance
Brookings High School Cafeteria

On the Rapid City Journal website is a story by Rapid City Journal reporter Kevin Woster, which seems to be doing it’s best to rile up a battle over GOP purity in the Republican Congressional primary:

Republican U.S. House candidate Rep. Kristi Noem said she was seeking leadership skills, not flirting with Democratic politics, when she attended a campaign training camp sponsored by former Sen. Tom Daschle 10 years ago.

and…

And it wasn’t her only association with Daschle and his staff.

The former Democratic leader in the U.S. Senate, who was often attacked by Republicans for alleged obstructionist tactics, secured a presidential appointment from the Clinton White House for Noem to serve on the state committee for the federal Farm Service Agency.

and…

Curd, a Sioux Falls surgeon, said the $2,000 he gave to Daschle provided a personal meeting with the Senate Democratic leader during a private gathering in Sioux Falls in October of 2004, near the end of his bitter campaign against Thune. Curd said he was worried about legislation in Congress that could hurt his surgical business.

Curd said he made the $1,000 donation to Herseth Sandlin in 2005 at a gathering where he met and spoke with the congresswoman and thought she seemed to have Republican-type principles. Curd said he soon discovered his impression was wrong and voted for the Republican challengers in Herseth Sandlin’s past two re-election races.

Noem said she hasn’t made any donations to Daschle or Herseth Sandlin.

“I certainly have never given them any money, or donated time to help their cause, or philosophically had any agreement with them,” she said.

Read it here.

Given their legislative histories while serving in office, I think we can take these two legislators at their word – and their deeds – that they aren’t flaming liberals. All of this appears to have taken place 5 and 10 years ago, before either one entered public life.

Does any of this matter? Should it?  And if so, are you willing to put your name to expressing that thought?

If you notice a slight change to the website, where my ugly mug is by all my posts, that’s thanks to “gravatar. ” Not to be confused with that movie with the big blue people.

I was noticing that a few of the writers of KELO Issue blogs had pictures and icons by their names, and I wanted one too, so I signed up for a cross platform/cross-website avatar.

According to the website, “your Gravatar is an image that follows you from site to site appearing beside your name when you do things like comment or post on a blog. Avatars help identify your posts on blogs and web forums, so why not on any site?”

If you use your e-mail as part of your comments, you can now have your head, or any image you choose show up by your name in the SDWC comment section.   Just sign up at gravatar.com.

(h/t Bob Newland at Decorum Forum)

Gubernatorial candidate Gordon Howie boasted on February 16th on facebook that:

“I am smiling today because there are other candidates who WISH they could be the Tea Party Republican. Sorry guys! That spot is taken!!!! I was the Tea Party Republican when it wasn’t cool!!!! Thanks to all of you tea party patriots who know the difference between the real deal and a wannabe. ”

Read that here.

What are your thoughts on that? Can he legitimately claim that mantle?

And, given that the Tea Party movement is largely in protest of government spending and intrusion, does the fact he’s been an elected legislator voting on such things as the state budget for the past six years help or hurt this claim?

From the Rapid City Journal:

Gov. Mike Rounds announced Wednesday the appointment of former state Game, Fish & Parks Secretary John Coope to the GF&P Commission

Cooper will fill the position previously held by Spencer Hawley, Brookings.

“I am pleased that John has agreed to serve on the Game, Fish and Parks Commission,” Rounds said in a news release. “He brings many years of professional knowledge and experience, both at the federal and state levels.”

Read it here.

Now, this could be an interesting confirmation hearing.  I like John on a personal level. This former Federal Law enforcement officer, and Vietnam Veteran (Navy Seal) is just flat out a good guy. That being said, he has a steel will when it comes to his ideas about conservation, and there have been times that he and his critics, also good people, don’t exactly see eye to eye.

Stay tuned.

I was just checking out facebook, and happened to notice that today is Gubernatorial Candidate Scott Munsterman’s birthday.

Stop over at his facebook site, and wish him well.

This is pretty clever:

When I was testifying on Monday, legislators in their discussion about libel and slander remarked about a photograph that they all had received in a plain brown envelope.  It was mentioned, and then just left there with those in the audience who hadn’t heard about it scratching their heads.

Today, after doing some probing, I’ve got a bit more of the story behind this mystery photo sent to all the legislators.

What I’m being told is that it was an 8×10 picture of a woman claimed to be employed with the School for the Deaf (as they recalled) in the nude, posed in a rather unflattering manner. And it had a note or caption to the effect of questioning whether this was someone who should be involved with kids.

As I’m hearing the story, it sounds to me that someone has a bad axe to grind, and went as far below the belt as a person could for smearing someone, hence it’s reference in the blog control act hearing.   And I am told that the person who is allegedly depicted in the photo has claimed that it was photoshopped.

I had to do some digging to find out that much.  No word on whether an investigation is being conducted, or whether it might run afoul of federal statutes about mailing porn if they’re out there. But then again, we haven’t heard any word from this in the mainstream media, either.

Stay tuned.

**Update – a second source is telling me that the person involved is not an employee with the School for the Deaf, but a member of a related advocacy group.  Unknown at this time which one is correct, but the whole part about the pornographic picture being sent to legislators is verified.

For your review, here are the campaign websites for the statewide candidates that I’m aware of.

If I’m missing anyone, drop me a note here, as I’ll have these posted at the right for your easy reference.

US Senate:

• US Senator John Thune

Congress:

• R. Blake Curd
• Chris Nelson
• Kristi Noem
• Tarn Vieira
• Stephanie Herseth Sandlin
• B. Thomas Marking

Governor:

• Dr. Scott Munsterman
• Gordon Howie
• David Knudson
• Dennis Daugaard
• Ken Knuppe
• Scott Heidepriem

State Treasurer:

• Rich Sattgast
• Michael Melhaff, Sr.

State Auditor:

• Steve Barnett
• Pat Miller
• Julie Bartling

Attorney General:

• Marty Jackley

Secretary of State:

• Jason Gant
• Teresa Bray
• Tom Deadrick
• Ben Nesselhuf

School and Public Lands:

• Jarrod Johnson

Public Utilities Commission:

• Dusty Johnson

Just a quick note on who has officially thrown their hat in the races and filed petitions:

I look forward to the slogans from the guy in District 11!

As another postscript to the defeat of the Hamiel/Turbak Berry Blog Control Act, the Madison newspaper offered an editorial view of the whole matter:

The bills in the state House attempted to bring abusive Internet comments under the law, but parts of the bills seemed unworkable, including tracking the identity of persons making anonymous comments, and jurisdictional issues (a blogger in England attacking a person in Florida on a South Dakota newspaper web site hosted on a server in Canada).

But we still understand the problem of malicious, harmful writing on blogs or Facebook, Twitter and many other online venues. Worse yet, the intensity and meanness seems to be ratcheting up a level, making the likelihood of real damage even greater.

We aren’t so naive to think that those who comment, blog or “flame” others online will suddenly treat each other with respect. But doing so is a much better solution than crafting difficult laws and creating a whole new segment of the legal system to deal with personal interaction.

Read it here.

Wanted for offenses against the 1st Amendment

I spent some time on the trip back and since being hypercritical of myself and my testimony yesterday, and being thankful of the other organizations that testified against the measure. However, there’s one thing that the people who dwell in the “Sibby created Blogoshere” (yes, that was sarcasm) need to be very aware of.  There’s more than a good chance we will be back fighting this battle again.

Admittedly, I sucked and was ill-prepared with the first amendment portion of our defense against government intrusion. However, the SD Newspaper Association who testified knows this stuff inside and out, and presented a much better case than I.    And I can tell you that the committee didn’t buy the First Amendment portion one bit.

As a bit of a techie, I did a better job at the technical part of the argument, and with answering questions about my own experiences.  Yes, I track IP addresses, but amazingly, it’s for CYA and management purposes, and not because I am compelled to through government order.   And in those experiences, I can tell you that it is nigh-impossible for me to pick out who someone is. On those rare occasions when I do tweak someone (and here’s my secret), unless #1 – their IP remains static, which isn’t common and #2 – unless someone affected by #1 uses their real name, I don’t have a clue.

Now, try explaining that to a committee which from the tone and tenor of their comments wants to demand that everyone have a tracking ability because they want the ability to “get” someone.  This part of the argument wasn’t challenged directly by the panel, simply because they probably didn’t understand it. I suspect that they likely glazed over at IP address explanations as my wife would if I brought it up, and gave a boring technical explanation.

An argument about the breadth of the measure seemed to get some notice, especially considering the MPAA and the funeral directors opposed it.

The other component of the arguments made to the committee, which from their comments seemed to be the most effective, was the argument about it being a “world wide web,”  and the application of South Dakota law to activity that could originate from elsewhere.

They rejected the measure, but I have a feeling that we won this one by the seat of our pants. And we barely won HB 1278, the far more onerous measure which former legislator Matt McCaulley helped Hamiel draft, not HB 1277, the Epp measure which wasn’t quite so bad, but still had many problems in application, especially it’s jurisdictional reach.

We’d better be ready to fight this battle again. If not yet this year, in the next legislative session.

Why do I say this?

*  For some reason, this seems to be a crusade for Noel Hamiel. I spoke with one reporter afterwards who listened to his testimony. It was their observation after listening that “this seemed very personal for him.”  We speculated whether this is protectionist against blogs, as newspapers are currently facing tough times in many areas, or if someone on a blog took an anonymous poke at he or a loved one. Considering that this was not constituent generated, and no one named a state court case which was stymied because of a lack of this legislation (there was a federal case cited),  it would appear there is another motivation involved with this measure.

* The next measure will be much more focused.  Listen to this comment from Representative David Lust, which should make a lot of people (small potato bloggers and MSM included) nervous. And this is not me editing for effect. These are his words as spoken:

Representative David Lust tell us  “ …If there was a way to somehow craft this so it could only apply to certain sites that get a certain amount of hits, or something like that I would be in support of it. I would be in support of it.“  This statement gives me the impression that as a member of the state affairs committee, he wants to pick his targets, as opposed to a blanket law that affects all equally.  ….Such as the current laws on libel and slander.

If you listen to the entire testimony, legislators were only begrudging in their rejection of the measure. Possibly because it’s an election year. Which means that next year when the heat is off, they could make another run at it.

* There are always those in the industry who will align in favor of regulation. Jesus had Judas, and of course we have Sibby. Don’t worry so much about Epp, his bill that was tabled and they went with the really intrusive one that  he went off at Hamiel and Turbak Berry over when he saw it, referring to it a “an abortion.”  There are always going to be those who are in favor of regulation, and Sibby stepped up to the plate yesterday to ask for it.  It’s a free country and he was very welcome to demand more government, as I stood up and said “no thank you,”  that’s the kind of internet regulation we’d expect in China.

Whether we accept a little regulation, or fight it to the bitter end, we need to educate readers as to what this type of internet regulation could mean for them, and we need to educate other website operators.  The funeral people were likely there because I sent a note to their association, and they were great.   If this come up again, we need to be organized and mobilized.  I daresay we might need our own association.

Nobody says we have to get along, or even like each other.  But Mutually Assured Destruction kept us out of nuclear war, and we might at least start to have the conversation about collecting and warehousing information and a few resources to combat this when it comes up next time.

Stay tuned

From the Mitchell Daily Republic:

Currently, committees, boards and task forces of state and local governments operate in something of a gray area. State law addresses the issue, but not clearly enough to prevent disagreements about which committees are required to open their meetings and which are not.

State Sen. Dave Knudson, R-Sioux Falls, is attempting to clarify the law with his Senate Bill 104.

The bill’s final language was still in flux late last week, but Knudson said the bill’s tentative language will distinguish between two types of bodies: those that have final decision-making authority, and those that are merely advisory in nature. The former would be required to open their meetings, and the latter would not.

and…

The newspaper association wanted broader language that required most or all committees to open their meetings, but Knudson said he’s encountered too much opposition to accomplish that goal. Through talks with numerous government groups and the newspaper association, he reached the compromise language distinguishing between the two types of committees and requiring the decision-making committees to be open.

“That strikes me as a fair balance,” Knudson said.

Read it here.

Too much opposition to accomplish opening government?  Is this about appeasing people on the public dole, or is it about government being of the people?

If Knudson wants to take a leadership position with open government, some boldness might be appropriate. Much more so than listening to the people resisting that the light of day shine on what they’re doing with the taxpayer’s dime.

There should be no differential between panels with final decision-making authority, and those that are merely advisory in nature. If they do their jobs with taxpayer dollars, the proceedings of these panels need to see the light of day.

I see the Rapid City Journal is reporting an arrest involving a candidate’s wife this evening.

Before we jump to judgment, let’s pause and await all the facts in the matter, especially considering it’s someone who isn’t running for anything. She’s simply related to someone who is.

The political spotlight often shines the harshest on those who don’t sign up for that life.  So please, keep their family in your thoughts, as this unfortunately plays out with the media looking over their shoulder.

Last Sibby related post.

With two Sibby interactions this week, I figured that it might be worth a mash-up between the fierce Sibby of Friday night, and the poor, wounded Sibby in need of government’s protection this morning.

So, for your listening and entertainment pleasure….  The February Sibby Mash-up.*

Sibby

*for the stupid people, yes, this is edited together in parts.

From my Saturday trip to WalMart.

You know, I’m sure some people are probably ok with this. But my Catholic school experience didn’t really prepare me for licking a crucifix for a sugar rush.

More from my mailbox:

Noem Humbly Accepts Endorsement From Former Congressional Candidate

–Pastor Steve Hickey Announces His Decision to Leave Race, Endorse Noem–

Pierre, SD – South Dakota Republican state Representative Kristi Noem, a candidate for South Dakota’s lone seat in the U.S. House of Representatives, accepted an endorsement this morning from former Congressional candidate Pastor Steve Hickey.

“I am humbled and respectfully accept the endorsement from Pastor Hickey,” said Noem. “Pastor Hickey is a admired leader among South Dakota’s Christian community that has committed himself to improving life for ordinary South Dakotans. I believe that I can provide his supporters a candidacy that will respect their values, provide common sense leadership, and inspire them to get involved.”

“I also want to take the opportunity to encourage the voters of District 9 to support Pastor Hickey’s bid for the State House. He is a man of integrity that would provide morally sound and fiscally conservative leadership to the South Dakota House,” Noem added. Pastor Hickey announced his intent to pursue the District 9 House seat in his press release Monday morning.

Kristi Noem, a businesswoman and rancher from rural Castlewood, is a candidate for South Dakota’s seat in the U.S. House of Representatives. Noem is serving her second term in the South Dakota House of Representatives and currently serves as the Assistant Majority Leader.

More information about Noem’s campaign can be found at: www.KristiforCongress.com

From my mailbox:

Electric Cooperatives, State Retailers to Hold Campaign Academies

PIERRE – South Dakota’s electric cooperatives, along with the state retailer’s organization, will be co-hosting two Campaign Academies this March.

The Campaign Academy, designed by the Arlington, Va.-based National Rural Electric Cooperative Association’s Grassroots Unit, is designed to help individuals seeking public office this fall along with anyone else involved in their campaigns.

The course helps individuals sharpen their political skills and prepare them for the rigors of the campaign trail, whether it be school board, town council, county commission or state office.

SDREA, along with the South Dakota Retailers Association, will be coordinating the South Dakota workshops

which are scheduled for March 16 in Rapid City and March 18 in Sioux Falls.

The school is open to candidates of any political party and will feature campaign veterans and professionals

focusing on the core areas of fund-raising, campaign strategy, message development and communication skills. Participants will receive a binder of the various presentations and additional training supplements

on the topics covered during the course. Attendees will also learn about campaign rules and regulations.

The registration deadline is March 3. There is a $25 fee to attend the all-day program; additional people from a campaign may attend for $15 per person. This covers the cost of materials, continental breakfast, and lunch.

Contact your local electric cooperative for a registration form. You can also obtain a registration form online at www.sdrea.coop or at www.sdra.org or calling SDREA at 1-605-224-8823.

- 30 -

I was on my best behavior today when I was testifying, without giving myself over to theatrics.

But, leave it to the MSM to pick out what might be the wildest thing I said in some fairly clinical testimony:

Pat Powers of Brookings, operator of the South Dakota War College blog, said the government should not force bloggers to keep information on those who post comments because that could discourage people from debating political ideas. The bill also could have forced children to keep records to identify those who visit their blogs, he said.

“Much of the concern is this is a government mandate to collect the information of people who come on your Web site,” Powers said. “We’re not a totalitarian society. We’re not China. We expect a little freer discourse than that.”

Read it here.

(I’m not complaining….  It simply gave me a mild chuckle.)

3 votes in favor of 1278 (against sending it to the 41st day); Gosch, Steele, and Turbiville.

3 votes in favor of government mandated tracking software being installed on all websites that allow comments.

Scary thought that these are Republicans who profess to “govern the least.”

It was clear from the committee testimony that there are many legislators who don’t like being poked, period.

But at the end of the day, even enough of those had to concur with the fatal problems of the measure.

Biggest surprise? Sibby online writer Steve Sibson, who has been banned from many websites because of his name calling and invective – testifying in favor of government mandated IP tracking because he’s “picked on” on-line. I guess we all know what side of the yard the nuts are shaking from his tree nowadays – on the side of nanny-statism and big government.

After that measure, which went down 10-3, Representative Hamiel asked that the less draconian (and Epp authored measure) HB 1277 be tabled, which the few people I spoke with believe will eliminate that measure as well.

Those in the blogosphere owe a huge thanks to Dave Bordwyck of the SD Newspaper Assn, Mike Shaw representing the MPAA, Greg Dean representing the SD telecoms (I think), Bob Miller repping the SD funeral people, Dick Gregerson w/SD Newspapers, and Bill Van Camp of AT and T for their opposition to this measure.

I’m on my way back home, and hopefully I didn’t make things more difficult for legislators to kill these measures.

At the end of the day, those in the blogosphere (with the exception of “big gov’t” Sibson”) need to be vigilant in pointing out those who are against government ordered “mandatory tracking” and to continue to take to task those who favor action because their skin is just a little too thin for the job.

* an extra thanks to Rep Rave for his unqualified opposition to 1278, and his motion to defer to the 41st day.

Aargh. I stunk. I can tell I haven’t done this much. The adrenaline kicked in hard right about the time I had to testify.

Thankfully there are many, many people against it more experienced than I.

As I’m sitting here, sibby is siding with the big government types on HB 1278, the more offensive of the measures. Ironically, he’s bringing up that people are calling him names. This from the guy who calls people “satan?”

If I wasn’t tapping this out on my blackberry, I’d do something more clever, al la schoolhouse rock, on how “I’m here to kill a bill, kill just only a bill, because as a voter I’ve had my fill…”

But being nominally witty is less important than explaining the pitfalls of the measure as they affect personal rights in South Dakota.

I see the sibmeister is here as well, so this should be interesting, as up until now he’s taken the big government position“ in the matter. At the very least, this should be interesting.

I’ll be off the air for a while.

I’ve hit the trail, and am careening towards our Capital City in a pickup truck that needs transmission work, driven by a government minimalist out to save anonymous blog commenting in South Dakota from nanny-staters who think Government has a role in mandating tracking software on blogs and other websites.

Stay tuned!

No wonder Herseth’s star is falling.

The nonpartisan Cook Political Report released a new update on the 2010 elections yesterday. A full 54 Democratic seats in the House are now rated as “highly competitive,” with nearly half already seeing the GOP challenger running even or ahead of the Democratic incumbent. Only six GOP-held seats are in play as possible Democratic pickups. Republicans need to win 40 seats to take back control of the House.

Nervousness in Democratic ranks will be heightened even more by Cook’s finding that a total of 95 Democratic seats are potentially vulnerable — almost two-fifths of the entire Democratic caucus.

Read it here.

The Rapid City Journal had one of the best editorials I’ve read in a long time about the dysfunctional mess that is Rapid City Municipal government:

At its worst, it was undignified and vindictive.

At its best … well, there was no best. Nothing positive came from the six-hour censure hearing held by the Rapid City Council Tuesday night.

Council members publicly flogged Alderman Sam Kooiker Tuesday night and into Wednesday morning, under the pretext of a fair hearing.

It had all the makings of a trial, and yet Kooiker wasn’t able to face his accuser. Rapid Transit manager Rich Sagen – who filed the initial grievance against Kooiker for intimidation and harassment – was permitted to skip the meeting, and had a statement read on his behalf.

In fact, Kooiker and his lawyer weren’t allowed to question anyone, not Sagen, not Public Works Director Robert Ellis, not City Attorney Jason Green, not the mayor.

Instead, he was forced to defend himself against presumed guilt – so predetermined that councilwoman Karen Gunderson Olson came to the meeting with her prewritten final comments.

Read it all here.  And if you’re in Rapid City – Give your city council absolute hell. Because if I’ve ever seen a government in need of a thorough housecleaning – this is it.

Sam Kooiker deserved a commendation for his constituent advocacy. Not the vile and vindictive action that the council brought against him.

Wanted for offenses against the 1st Amendment

I’m about an hour early, but we’ll make the stretch and begin the 24-hour countdown until the 2 Bills in the Blog Control Act are to be heard in the House State Affairs Committee.

If you care about the first amendment, nanny-state measures, or just plain common sense, you need to show up and express your displeasure with these proposals. I’m taking the time off of work, which is money out of my pocket and food out of my childrens’ mouths, and I’m planning on being there because it’s THAT important.

These measures were proposed because two legislators – Noel Hamiel and Nancy Turbak Berry – thought that something needed to be done. This was not something where a constituent ran into a barrier that present state law presented. It was because two legislators put their heads together and decided they needed to formulate a solution…. to a problem that doesn’t exist.

So tomorrow morning…. House State Affairs, Room 414, at 7:45 AM. They’re the only two bills on the agenda, so there should be plenty of time for discussion.

Be there.

I’ll just leave this event as advertised on the Pierre Chamber web site without comment.  Except just to say that such an event might be more appropriate during session.

I was at an event tonight and surprisingly, Steve Sibson, who is often recalcitrant to debate issues, refuses to actually run for office, etcetera, was spending his time at the microphone throwing down the gauntlet.

At a couple of great events tonight.

First, the Thune/Romney event. Lots of people there, I just wish I could have gotten more photos.

Right now, I’m at a 9:12 event where Chris Nelson and Scott Munsterman addressed a group very passionate about their conservative politics.

Even the man from Mitchell, Sibby, was there and unleashed fire on a couple of republican legislators. (I think I got it on film…)

Stay tuned…

Word tonight is that the Dem’s sacrificial lamb against John Thune will be a retired SDSU sociology professor.

Anyone heard more on this? And if so, is mint jelly still appropriate? (Lamb joke for the gastronomically challenged.)

Why do I hear that Bob Faehn’s GOP house caucus is running a member light the last couple of days? Word is that a disenchanted conservative might be sitting out in protest.

Is there trouble keeping the troops who actually have Republican values in line with leadership’s direction?

I just heard an interesting rumor. Someone just told me that they’d heard that Volesky is out of the race.

Anyone hearing anything about all that? Or is it just idle speculation based on his invisibility?

Notice was just posted on the Blog Control Act Bills….

Committee Agenda

Committee:    House State Affairs
Room:    414
Date:    Monday, February 22, 2010
Time:    7:45 AM

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Individuals needing assistance, pursuant to the Americans with Disabilities Act, should contact the Legislative Research Council (605-773-3251) 48 hours before convening to make any necessary arrangements.

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HB 1277 provide for a process of obtaining certain information from online content providers in slander and libel actions.
Representatives Hamiel, Bolin, Brunner, Carson, Cutler, Deadrick, Fargen, Gibson, Gosch, Greenfield, Hoffman, Hunt, Iron Cloud III, Jensen, Juhnke, Kirkeby, Kopp, Krebs, Lederman, Olson (Betty), Schlekeway, Sly, Turbiville, Vanneman, and Verchio and Senators Turbak Berry, Brown, Dempster, and Vehle

HB 1278 provide for a process of obtaining certain information from online content providers in slander and libel actions.
Representatives Hamiel, Bolin, Brunner, Carson, Cutler, Deadrick, Fargen, Gibson, Gosch, Greenfield, Hoffman, Hunt, Iron Cloud III, Jensen, Juhnke, Kirkeby, Kopp, Krebs, Lederman, McLaughlin, Moser, Olson (Betty), Schlekeway, Sly, Sorenson, Turbiville, Vanneman, and Verchio and Senators Turbak Berry, Brown, Dempster, and Vehle

7:45 on Monday morning? Ugh. Nothing like inconvenience.

I haven’t set any appointments for Monday yet. I might just have to be there.

Two Tan Ban measures up in the Senate yesterday…. and two Tan Ban measures went down hard. Not just a little, but really hard.

The First – SB154 – the over the top and ridiculous measure which made allowing minors to tan a crime. (This would be the over the top, ridiculous bill to make the other measure palatable. What’s amazing is that Senate health passed it out of committee.):

SB 154: FOR AN ACT ENTITLED, An Act to prohibit the use of tanning devices by minors.

Was read the second time.

The question being “Shall SB 154 pass?”

And the roll being called:

Yeas 2, Nays 30, Excused 3, Absent 0

Yeas:
Adelstein; Jerstad
Nays:
Abdallah; Ahlers; Bartling; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hunhoff (Jean); Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Excused:
Bradford; Hundstad; Novstrup (Al)

The uber-liberal voting bloc of Adelstein and Jerstad were the only ones who kept their name on this garbage measure. (As well as the egg on their face).   With the measure defeated, Senators were subjected to HB 158, the only slightly less ridiculous tan ban measure which SB154 was designed to make look “reasonable.”  Thankfully it only fooled liberal nanny-staters and simpletons:

The question being “Shall SB 158 pass?”

And the roll being called:

Yeas 9, Nays 25, Excused 1, Absent 0

Yeas:
Adelstein; Dempster; Hundstad; Jerstad; Kloucek; Merchant; Miles; Nesselhuf; Tieszen

Nays:
Abdallah; Ahlers; Bartling; Brown; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hunhoff (Jean); Knudson; Maher; Nelson; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Turbak Berry; Vehle

Excused:
Bradford

Only 9 were willing to stand up and demand more government where none is needed. Senators Adelstein, Dempster, Hundstad, Jerstad, Kloucek, Merchant, Miles, Nesselhuf, and  Tieszen cast their lot with the people who think we need government involved in every aspect of our lives.  (Not an auspicious campaign kickoff for Ben Nesselhuf, who is running for Secretary of State.)

I made the observation a couple days ago that it looked as if Sam Kooiker had lost one battle, referring to his censure for constituent advocacy, but might win the war.   Except for those close to city insiders, everything I’m hearing from out west is that people are not just enraged, they’re engaged after seeing how the city spent $17,000 of taxpayer money to try to get him to shut up.

The latest from out west involves Mayor Alan Hanks and whether or not he’s going to move to mitigate the public relations disaster the City Council has on their hands.

How can he do it?

9-19-10. Veto power of mayor – Items in appropriation ordinances.

The mayor in any municipality with a common council may veto any ordinance or resolution by filing a written objection with the finance officer within ten days after its passage. The veto may extend to any one or more items contained in an ordinance or resolution making an appropriation or to the entire ordinance or resolution. If the veto only extends to a part of such ordinance or resolution, the remainder shall take effect.

Chatter at the Rapid City Journal website keeps bringing it up, and at least one of the Rapid City area blogs has also touched on the topic.

The question is whether or not Hanks is going to stop the bleeding, or if we will see a complete overhaul of Rapid City’s government by the citizenry.

If you haven’t read through some of the Kooiker Witch Trial Censure documents,  you’re missing out on a long string of documents where it sounds like the person who filed the complaint against Sam takes a lot of constituent complaints with a grain of salt.

But as you sift through the pile, a couple of instances egregiously stand out.  So much so, that someone should take notice, especially the ARC, or any of South Dakota’s advocacy groups for the disabled.

Untitled-1

One incident involved an incident being where someone was reporting that a bus driver was allegedly being abusive to an elderly person.   And in goes a note to the file – the person has a disability. And in writing, they’re  automatically discounted as being “not the most credible witness.”

As the parent of a child with a disability, this kind of stuff scares the crap out of me. That despite federal laws mandating equal treatment, there are still people out there who treat the fact a person has a disability in this manner. That they “need to have a talk with their employer” or they’re “disabled and not the most credible witness.”

Shame on them.

Just a little sensitivity training might be needed in Rapid City. At least.

ddmessage1

The next (and I had this clarified me me) is in response to an issue being brought up where someone complained that they were being harassed. The response? A suggestion that  they bring it up with the gentleman’s employer in what sounds to be a very punitive manner.

So, does that mean if anyone else complains about being harassed, it’s a call to their boss?  Doubtful.

And that would be a sad note.

With six weeks to go before the filing deadline for major-party candidates, the race for Thune’s seat threatens to be the first in South Dakota history – since senators began being popularly elected in 1914 – in which the November ballot does not feature a Republican and a Democrat.

and…

Erin McCarrick, executive director of the South Dakota Democratic Party, said that this year her organization has been focused on state races, but she and other party activists have had “conversational” discussions with potential Senate candidates. Nobody has yet stepped forward, she said.

Read it here.

In his rankings of the congressional races, Isaac Woods, the House Race Editor for Larry Sabato’s Crystal Ball has moved South Dakota’s seat currently held by Congresswoman Herseth Sandlin into the Toss Up column, meaning that Stephanie’s chances are diminishing in the eyes of those in the know….

Senate Bill 154
Senators Adelstein and Bradford and Representatives Pitts, McLaughlin, and Nygaard
An act to prohibit the use of tanning devices by minors.

MOTION: DO PASS SB 154

Moved by: Jerstad
Second by: Miles
Action: Prevailed by roll call vote. (5-2-0-0)

Voting Yes: Jerstad, Merchant, Miles, Hansen (Tom), Adelstein Voting

No: Dempster, Gant

What was wild about this vote is that Tom Hansen had just voted to kill the bill just before he switched to vote with the Liberal nanny-state Adelstein voting bloc.

Predictably, they also voted to pass Jerstad’s “re-election bill” out of committee, where she primed a measure to set up more government bureaucracy with regards to tanning.

DO THESE PEOPLE NOT HAVE ANYTHING BETTER TO DO WITH THEIR TIME IN PIERRE?!?

Legislators who believe in big government will most certainly support these measures on the floor.  Time for the big government nanny staters to stand and be counted.

It’s hard to believe that a public board in South Dakota can act in such an idiotic manner.   But, they proved us wrong.

On a 6-3 vote, they voted to “censure” Sam Kooiker because he has a habit that’s annoying to city administrators – asking a straight question, and requesting a straight answer. And in the face of evasive answers, not letting anyone off the hook until he gets it.

The Rapid City Journal has the story this morning:

At roughly 2:30 a.m., councilors Bill Waugh, Lloyd LaCroix, Malcom Chapman, Karen Gundersen Olson, Ron Kroeger and Deb Hadcock voted in favor of censure. Ron Weifenbach, Patti Martinson, Aaron Costello voted against.

The council listened to questions and comments for more than six hours trying to decide whether to censure Alderman Sam Kooiker. A crowded meeting drew more than 100 residents who waited past 11 p.m. to voice their opinion of the longtime Ward 2 alderman and the council’s action.

and..

In response to the questions, Kooiker said he was merely trying to verify whether the number Ellis had provided before that meeting was accurate. City employees who Kooiker termed “multiple and credible sources” had told him the value was closer to $30,000.

“I asked if it was possible to get the invoices. I hadn’t received the response. I simply brought it up on the next day,” Kooiker said.

and..

Wieczorek said by definition, harassment means conduct that causes emotional distress and serves no legitimate purpose. The e-mails Kooiker sent to both Sagen and Ellis, he said, were primarily seeking answers for constituent questions and concerns.

“Is this harassment of Mr. Sagen?” Wieczorek said. “Was there an attempt at a legitimate purpose?”

Included in the e-mails are one-sentence messages, thank you e-mails, messages repeated multiple times and messages forwarded directly from constituents, Wieczorek said.

Read it all here.

There’s trouble in Rapid City. That’s trouble with a capital T, that rhymes with C and that stands for Council – the city council.  It sounds as if there’s 6 of them that should not be invited back, because they have a problem with free speech, and asking questions of the bureaucracy of city government.

I don’t think I’ve ever seen such a shameful example of bad government.

I had my first post on it at 9am, and the full story is out.

kristicongress

Read it here.

From the facebook page….

My spies were informing me that there’s a well placed rumor out there that Republican State Representative Kristi Noem might be considering an entrance into the House race against the ever expanding field of candidates in the primary, with a goal to take on Congresswoman Herseth Sandlin in the fall.

Representative Blake Curd,  Secretary of State Chris Nelson, Tarn the barbarian Viera, and Pastor Steve Hickey are making for a wide field already.

If Representative Noem enters the race – any thoughts on how it all shakes out?

The local chapter of the American Civil Liberties Union seems to be all over Free Speech lately.

(BTW Sibby, that’s the same ACLU that sided with Rush Limbaugh on the privacy of his medical records)

First, they weighed in with those who oppose the Hamiel/Turbak-Berry Blog Control Act, as they view it as an unconstitutional control on free speech. Just yesterday, I got a note from them indicating that they’re also actively opposing the Rapid City Common Council’s impending action against Sam Kooiker – laying it on the line to them to let them know it’s all about free speech, and they don’t have a leg to stand on:

Kooiker Letter 2-15-10_Page_2

Click on the images to enlarge.   And if you’re in Rapid City, show up at the public witch hunt censure hearing tonight to give Sam your support.   Bring some recall petitions too, just in case.

Where in the World is Stephanie Herseth Sandlin?

Has anyone seen her in the state since January? At least, at a meeting that’s open to the public?

Dems are dropping like flies from re-election (such as Evan Bayh’s departure today), Stephanie is having her worst fundraising quarter ever, and she’s nearly invisible. And it’s not as if Dems care, because they’re more enthused about the Gubernatorial contest than they are the Congressional race. Has anyone seen a Herseth Sandlin petition being circulated yet?

Could this mean that Stephanie might decide to go “Bayh Bayh” herself?

Drop a note on the last time and date you saw Stephanie in SD at a (open to the) public meeting.   And let us know if she seemed to be in campaign mode.

You know you’re getting older when those monuments of youth disappear.

My old Fraternity House, Sigma Alpha Epsilon in Brookings suffered a terrible fire today from an old pop machine overheating. Scary, scary stuff.

Very fortunately, no one was injured, and they’re already starting down the long path of healing.  I spent a lot of time on the phone today offering assistance to the chapter and the board which owns the house, as well as experiencing a lot of regret that I hadn’t been involved since I got back to town until now.

As I drove by tonight, and noticed a KSFY reporter and cameraman roaming the property, going past barricades to shoot footage on the property, it made me more than a little sad for this place that held many memories of my college days. It will never be the same.   What served as home for a year, and a hall or fellowship for several others is tonight a fading memory.

Over the coming days and weeks, the current men of SAE will recover. I know they’ll rebuild, and I’ll gladly pitch in to help.

But I can’t help but feel just a little bit older tonight.

From the center of the Sibby Universe:

Today’s Bible lesson

Yesterday I did a post on those who mock. They include Pat Powers, Cory Heidelberger, and Bill Fleming. Here is some words of wisdom from Proverbs Chapter 9 that relate to that:

⁷ “Whoever corrects a mocker invites insult;
whoever rebukes a wicked man incurs abuse.

⁸ Do not rebuke a mocker or he will hate you;
rebuke a wise man and he will love you.

Read it here.

What? Me mock Sibby?

I would never mock Sibby. Not ever…..

Sandy Jerstad is on a rampage again.

No, not against people supporting her.

Not because she thinks oppressed pedophiles need probation.

And no, not against stationary vehicles in the Kings Inn parking lot after a legislative soiree’…

No – today she’s on a rampage against common sense and intelligent thought:

One proposed law, Senate Bill 154, would outlaw tanning for anyone under 18. A second measure, S.B. 158, would let children use tanning beds but only with written permission from parents if under 18 and from a doctor if under 14.

The intent is to protect those unaware of danger, said Sandy Jerstad, a state senator from Sioux Falls and co-sponsor of S.B. 158. This is the fourth consecutive year the issue has come up.

“I see this as a child endangerment type of deal. … It could cost them their lives.”

and…

Neugebauer questioned Jerstad’s support for the law. He said that when she was softball coach at Augustana College, many of her players tanned at his business and that, in light of that, she asked his support for school programs financially. He said that’s inconsistent.

Jerstad said she had no idea if her players, all adults, were his tanning customers. “That’s their private lives,” she said. She doesn’t recall seeking his support. “I don’t remember. I don’t think so,” she said Friday night.

and..

Neugebauer said the cancer link is unproven and that it is absurd to regulate a business that has its own safety limits while ignoring that parents routinely leave their children at swimming pools for four hours in the sun. “It’s just more government in our face,” he said.

Read it here.

So, just as she denied her screeching rampage at the sex store to the media until they played the tape for her, she’s denying shaking down the tanning store for money for the softball team. Amazing.  At the same time she’s comparing tanning to child abuse.

Between this and the stupid state pastry bill, Is it any wonder that people hold legislators in low esteem?

This next election, voters in her district could do better to send a potted plant to Pierre. At least in that instance, they might not be doing any harm. (To themselves, AND random vehicles).

Just remember. When it comes to Senator Jerstad….. A mind is a terrible thing.

There are those who make it easy to hold the legislative process in disdain.

Case in point….

State Senator Frank Klocek says he’s not backing down in what he calls the Kolache war. The Scotland Democrat failed to convince a legislative committee to pass a bill that would designate the kolache as the state’s official pastry. Some committee members say the bagel or the cannoli are good candidates too. Klocek says he’ll try to get the kolache bill considered on the senate floor, even though it was defeated 4 to 2 in committee.

Watch the report on this monument to stupidity and wasting taxpayer dollars here.

Someone care to let us know the amount dollar figure to propose legislation?  I think Frank owes us.

In the dead tree edition of today’s Rapid City journal is a piece by Seventh Circuit Court Judge Roland Grosshans, who served on the bench from 1979 to 1996.

There’s nothing I could add to this. Wow.

I helped Alderman Sam Kooiker in his successful effort to expose and halt the city’s egregious plan to sell the Rapid City Wastewater Treatment Plant. I’ve followed his career since.

The “the powers that be” tried to silence him then. On Feb. 16, the Rapid City Council will hold a public hearing on another such effort. The council is about to commit
an ultra vires act — an act beyond the express and implied powers of a South Dakota municipal corporation. It is also an act contrary to public policy and in contravention of the free speech rights guaranteed in Article I of the U.S.Constitution.

and…

On Dec. 3,2009, Morris gave the city attorney a nine-page opinion, in which he states he thinks there is “probable cause” to believe Kooiker violated the Code of Conduct.

He admits that a violation of the code is not actionable through legal or civil process. That ends the matter. This code has no legal force and effect. It is simply nice sounding blather. And again, Morris is dead wrong in his conclusion.

Morris packed the current record with a 58-page report on separate complaints for events between 2002 and 2004. Approximately the last 52 pages of this report repeatedly contain the phrase “as the Charging Party (Sagen) provided this information as background, we did not specifically address it with Respondent” (Kooiker)
meaning, Kooiker was not allowed to defend himself.

How fair is that?

and…

My research leads me to conclude this must be about Mr. Sagen’s psychasthenia. Perhaps Sagen should find employment in an environment more conducive to his apparently fragile ego. Or,more likely, it is about politics. But I am baffled and disappointed that our council would engage in such foolishness and waste $17,000 in taxpayer funds investigating Kooiker when the city attorney’s office is staffed with several lawyers and has a large budget.

I must assume the council proceeded in defiance of their city attorney’s advice because I can’t imagine an attorney practicing in South Dakota would advise his client to spend $17,000 in taxpayer funds to proceed with this witch hunt when there is such a mindboggling lack of evidence to support doing so. I wonder if Mr.Green proceeded under threat of losing his own employment.

Read it in the Rapid City Journal

So, it sounds by all reports that Kooiker wasn’t even allowed to review the charges or defend himself? What country is this we’re supposed to be living in?

The Rapid City Council screwed up big time with this witch hunt.

As it come from my mailbox just a short time ago, The kickoff is on Tuesday at 10:30 AM at Endurance Fitness.  The candidate?

New Picture

WE THE PEOPLE!

Steve Hickey is motivated to restore representation in government. Like many South Dakotans he’s tired of the elite’s disconnect from the reality in America and with the American taxpayer. On every issue, Steve Hickey represents the mainstream of South Dakota values.

A COMMON-SENSE CONSERVATIVE

Principled, consistent, rooted in faith and guided by values. A stark contrast to what we see in Washington – the rushed, corrupt, open bribery of elected officials with tax payer money. Steve Hickey won’t participate in that, or be quiet about it, regardless of who benefits.

BOLD AND BALANCED for South Dakota

Steve Hickey is focused on what improves life for ordinary people and makes society better. He’s not so much beholden to the political right or left but understands elected officials work for the people of South Dakota and answer also to God. Steve is accessible, easy to talk to and articulate. He has demonstrated he knows how to represent those not being heard and, that he’s not timid when it comes to saying what needs to be said to those who need to hear it, even when it’s unpopular.

STEVE HICKEY believes in SELF-GOVERNMENT & PERSONAL RESPONSIBILITY

Civil people governing themselves by living lives consistent with the Judeo-Christian ethic of our Founding Fathers.

LIMITED GOVERNMENT and STATES’ RIGHTS

As much as possible, government should be limited and local, closer to and more accountable to the governed. The purpose of government is to protect us not provide for us. At its best, government empowers individuals, families, churches and communities to assist people. Steve is concerned that some government expansions presently on the table in Washington are unconstitutional especially as they violate the 10^th Amendment and usurp states’ rights.

STEVE HICKEY is a voice for the HARD WORKING MIDDLE CLASS

It’s about jobs for ordinary people! Cut taxes and regulations on job creators and the middle class so more people are succeeding not just surviving. Steve started a large church and daycare in South Dakota that currently employs 52 people! That’s job creation! He’s spent a couple decades caring, listening, serving and he stands apart as one with a pulse on the struggles of the working poor.

STEVE HICKEY is strong on TAX RELIEF/REFORM & SPENDING CUTS

Common-sense solutions toward fiscal restraint and a government that lives within its means; a FairTax and sound money advocate.

RIGHT ON stimulating the ECONOMY

Bailouts are irresponsible, fundamentally wrong, and even immoral as they dump debt on our grandchildren. The government should not be “using Mastercard to pay off Visa.”

STEVE HICKEY is right on SMALL BUSINESS & FARMING

Encouraging small business as our economy’s backbone; agriculture as South Dakota’s heritage.

HEALTH CARE REFORM

Move toward consumer-owned insurance policies that are as portable as employees are. Shift from a disease care system to a health system. A patient-centered, free-market health care system.

STEVE HICKEY is strong on ENERGY INDEPENDENCE & THE ENVIRONMENT

Explore! Conserve! Committed to South Dakota becoming a leader in renewable and fossil fuel energy; wind, solar, bio-fuels. Energy independence coupled with caring for creation.

STEVE HICKEY is committed to RIGHT WRONGS with Native Americans

Picking up the George Mickelson reconciliation mantle, Steve Hickey is the only candidate working to right wrongs with Native Americans – beginning with national acknowledgement and greater awareness to partnership in economic and community development.

STEVE HICKEY is a LIFE & ADOPTION ADVOCATE

Pro-life from conception to natural death. Adoption advocate. Steve has put his money where his mouth is supporting women in crisis pregnancies and has rallied people statewide with the message on women and the unborn… Why can’t we love both? One of the first places to cut spending in Washington is the $335 million taxpayer dollars that go to Planned Parenthood every year.

STEVE HICKEY has stood up for CHILDREN, FAMILY & MARRIAGE

Moms and dads raise kids better than government. Government should undergird not undermine the basic family structure.

STEVE HICKEY on HUNTING & GUN OWNERSHIP

Member of the NRA, life-long hunter and gun owner. Support 2^nd Amendment rights.

STEVE HICKEY is for STRONG SCHOOLS & COMMUNITIES

Married to a former public middle school teacher; started a large daycare. Raised three kids in the public school system – active in school and community life.

STEVE HICKEY on FAITH & FREEDOM OF RELIGION

Concerned our enemies (i.e. radical Islamists) are starting to enjoy more freedom here while the Judeo-Christian tradition is increasingly muzzled. Understands the wall separating church and state was intended to be a one-way wall – prohibiting the state from restraining the free exercise of religion, not meant to expunge religious expression and influence from the public square. Faith has a central place in our national and public life.

STEVE HICKEY on LAW ENFORCEMENT, MILITARY & VETERANS

Peace through strength. Veterans benefits. Grew up in a military home. Has served as a Sioux Falls Police Chaplain since 2001.

RIGHT ON AMERICAN EXCEPTIONALISM

September 11^th birthed a new wave of patriotism in America and a re-awakening to our national identity as the most good and generous nation on the planet. The United States occupies a special place and position among the nations of the world.

STEVE HICKEY has been married to Kristen for twenty-one years; together they are parents to Caleb (20), Thomas (17) and Kaitlyn (16). Steve is the founding pastor of Church at the Gate and GO KIDS! Daycare & Learning Center in Sioux Falls (1994, 2004), Sioux Falls Police Dept. & Minnehaha County Sheriff’s Office Chaplain (2001), he’s the current president of the Siouxland ministerial association, author of two books, past Cubmaster/Boy Scout Leader and small business entrepreneur.  Steve has studies and post-graduate degrees in political science/history and religion/divinity.

Paid for by Steve Hickey for Congress, Treasurer Bonita Julliard

Steve Hickey for Congress

224 N. Phillips Ave., Suite 207

Sioux Falls, SD 57104-6062

Sorry about the light posting the last day or two.

I’ve been facing a furnace that didn’t work (remember to change your filter, unlike me), working on a new listing for my Real Estate Job (thumbs up for commerce), several meetings on a big fundraising event that my non-profit is putting on in March (thumbs up for charitable giving), and a considerable number of tasks for the Munsterman campaign (And a big thumbs up for campaign momentum).

In other words, I don’t have time to find my writing muse. And it gets really cold when your furnace is on the fritz.

Today, my furnace is fixed, my meetings are over, etc. But I still have  a big pile of stuff to do.

So….  How about this as a topic -From KCCR News:

Scott Heidepriem says South Dakotans are clamoring for a change.

Heidepriem, the state Senate minority leader from Sioux Falls, is the leading Democratic candidate for Governor. Heidepriem, who was one of the main speakers at Thursday night’s Hughes and Stanley County Democratic Legislative Dinner, says his message to voters has been that the state government needs to change its way of doing business – and that he can get that done.

Scott Heidepriem is campaigning on the same Obama “change from a Republican to a Democrat” message that worked 2 years ago.

But now that Obama is floundering, does Heidepiem’s use of the Obama theme resonate with anyone?

In today’s adventure, State Senator Scott Heidepreim isn’t going  after gold…  Today he’s going after the Secret Ballot!

From the State Senate State Affairs Committee:

SJR 3 Proposing and submitting to the electors at the next general election an amendment to Article VI of the Constitution of the State of South Dakota, relating to the right of individuals to vote by secret ballot.

Senators Knudson, Abdallah, Adelstein, Brown, Dempster, Fryslie, Gant, Garnos, Gray, Hansen (Tom), Haverly, Howie, Hunhoff (Jean), Nelson, Novstrup (Al), Olson (Russell), Rhoden, Schmidt, Tieszen, and Vehle and Representatives Faehn, Boomgarden, Brunner, Carson, Conzet, Deadrick, Greenfield, Hamiel, Juhnke, Kirkeby, Krebs, Lust, Moser, Novstrup (David), Olson (Betty), Olson (Ryan), Putnam, Rausch, Rave, Romkema, Rounds, Tidemann, Turbiville, and Van Gerpen.

And how did the committee vote?

MOTION: DO PASS SJR 3

Moved by:    Knudson
Second by:    Rhoden
Action:    Prevailed by roll call vote. (6-3-0-0)

Voting Yes:    Abdallah, Knudson, Olson (Russell), Rhoden, Gray, Dempster

Voting No:    Heidepriem, Hanson (Gary), Turbak Berry

That’s right. When it came time to protect the right to a secret ballot from being raided – Heidepriem voted NO.

In addition to rejecting the Krebs measure to temporarily reduce their paycheck in light of the deficit mess that state government finds itself in, legislators also rejected a companion measure offered by Krebs, HB 1199, to put a halt to legislative out-of-state travel.

How did the vote go?

MOTION: SUBSTITUTE MOTION DEFER HB 1199 TO THE 41^ST LEGISLATIVE DAY
Voting Yes:    Boomgarden, Gosch, Lust, Rausch, Rave, Turbiville, Noem, Faehn
Voting No:    Engels, Feinstein, Hunhoff (Bernie), Lucas

So, what would they be missing had they passed it?

Well, you can decide for yourself how desirable the junkets are to these legislative destinations. Here’s the out of state travel that our tax dollars paid for legislators over the past 2 years to the tune of $250,000:

Representative Krebs measure to temporarily make legislators take a temporary pay cut in light of records deficits, HB 1200, met with a chilly reception in House State Affairs committee this morning, as Representatives Turbiville and Steele led an effort to punt the measure to the 41st legislative day, sparing legislators from suffering the life altering hardship of a temporary reduction in salary.

Representative Lust chimed in with the group trying to hold back the potential time of famine for legislators, pointing out that legislators have not received a pay increase in the past 11 years.  “That $6000 – when you consider the time spent by legislators…. the effective rate would be less than $1 an hour…..  A pay raise is not in order, but neither is a pay cut.”

Another legislator – I believe it was Majority Leader Bob Faehn – called it “a dramatic 30% pay cut,” and that some legislators need this money to make the house payment while they’re in Pierre, and “they’re counting on this check to do that.” And that “this could be catastrophic” to the turnover of our elected legislators.

Unfortunately, Representative Krebs’ measure met it’s doom, as it was voted down 11-2, with Bernie Hunhoff and Larry Lucas casting the “nay” votes against killing the measure.

Representatives Boomgarden, Engels, Faehn, Feinstein, Gosch, Lust, Noem, Rausch, Rave, Steele, and Turbiville all voted to stave off the forces of poverty and famine for those who hold a legislative seat.

South Dakota Veterans’ Organizations Unanimously Support Iran Divestment Legislation

Statewide veterans’ organizations join together to support bill that would force the South Dakota Investment Council to divest itself of companies doing business in Iran

FOR IMMEDIATE RELEASE – February 9, 2010

Pierre, SD - Today, South Dakota’s major veterans’ organizations announced their support of SB 134, a bill in the South Dakota Legislature that requires the State Investment Council to divest holdings in companies that do business in Iran.  The bill focuses on foreign oil companies to target Iran’s oil refining capacity.  Organizations voicing support include the South Dakota chapters of the American Legion, Disabled American Veterans, and Veterans of Foreign Wars.  The South Dakota Veterans Commission also voted 5-0 in support of the bill.  The South Dakota Veterans Commission is composed of members of state veterans groups and state agencies.

South Dakota American Legion Commander, Rod Martens says, “it’s absolutely unacceptable for state tax dollars to be invested in companies doing business and paying taxes to the Iranian government.  No return on an investment is worth the life of even one soldier.”  “I can’t believe that any state employee would want to invest in companies that pay taxes and royalties to a country that turns around and uses that money to kill and injure American troops,” states Robert Hill who is Commander of the South Dakota Disabled American Veterans.

Last week, Governor Mike Rounds voiced support for the concept of divesting state assets and pension funds from companies that do business in Iran. The US Senate, last week, passed the comprehensive Iran Sanctions Act that uses similar language urging state divestment.

Representative Dan Lederman (R-Dakota Dunes), a veteran himself and sponsor of the bill applauds the veterans’ organizations for their commitment to helping fight terrorism by applying economic pressure.  “I want to personally thank the American Legion, DAV and VFW for endorsing a bill that supports our troops and recognizes the evils posed by the worlds’ chief sponsor of terrorism.”  South Dakota Veterans of Foreign War Commander, William Barlow, agrees saying, “these investments are dangerous because Iran is taking money from foreign oil companies and using it to enhance their oil refining capacity and nuclear refining capabilities.”

The U.S. State Department has identified Iran as a “State Sponsor of Terrorism” and labeled Iran as the world’s chief sponsor of terrorism.  The United States military has determined that Iran is responsible for manufacturing, exporting and employing deadly explosives against our troops in Iraq and Afghanistan.  SB 134 will go to the Senate State Affairs committee for a hearing later this month.

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As Sibby watches his tin-foil hat spin and launch off his head because I contributed to a press release for the ACLU (despite their support of Sibby religious icon Rush Limbaugh, unless he disagrees with that too), I had a call yesterday from Seth Tupper at the Mitchell Daily Republic Newspaper where he interviewed me about the Hamiel/Turbak-Berry Blog Control Act.

And he even quoted me correctly!

A local lawmaker wants to require bloggers and operators of other Web sites to collect information about the source of anonymously posted content so the information can be used in libel and slander lawsuits.

And…

…I’m just trying to bring some accountability to that process that other media have had to adhere to for decades.”

Those other media include television, print and radio, said Hamiel, who was formerly the publisher of The Daily Republic and held various other positions in the newspaper industry before becoming a legislator.

“This is borne out of my experience in the media and what I consider to be a need for fair play and accountability in all media forms,” Hamiel said. “Why should the Internet be excluded from those standards?”

Pat Powers, a Brookings man who runs the political blog South Dakota War College, said the Internet is not excluded from those standards. Libel and slander lawsuits can already be filed against people who make anonymous comments online, he said, and information about the source of those comments can already be sought as part of the legal process. He called Hamiel’s legislative effort a “solution in search of a problem.”

And…

He said HB 1278 is “draconian” because it would require even the most obscure and harmless blogs to maintain information about anonymously posted content. The software needed to log such information is sometimes fee-based, Powers said, and can require a level of technical know-how that many bloggers lack.

“My 13-year-old would have to pay a monthly fee to put site-tracking software on her unicorn Web site,” Powers said, citing a hypothetical scenario.

HB 1278 is also “ridiculously wide-sweeping,” Powers alleged, because it would affect far more than just blogs. As examples, he said the proposed law would affect funeral homes that allow anonymous condolences on their Web sites, and online hospital guestbooks that allow well-wishers to post comments about people undergoing medical care.

Read it all here.

Happy Birthday to us, Happy Birthday to us!

We just passed the milestone that is our 5th birthday. Five years of political coverage, commentary and more with a South Dakota focus.  And we couldn’t do it without you!

Your support is what helps keep the South Dakota War College going, and would be greatly appreciated. If you’re so inclined, click on the paypal donation button, show your support, and help keep us going.

Or, if you aren’t into using pay pal, you can send it to me personally at:

Pat Powers
1610 17th Ave S
Brookings, SD 57006

Any questions? Please feel free to (just e-mail me).

And don’t forget that we have space available for advertising. You can e-mail me for more information if you’re interested.

Thanks for your continuing support of the SDWC.

wanted

I thought I’d share the note I passed on to the legislators who sit on the House State Affairs Committee, just for your information. Of course, now that I post it I see a grammatical error or two I should have corrected, but, “it is what it is.”  Here you go.

Dear Representatives:

I’ve noticed that HB 1277 and HB 1278 which were introduced on Thursday have been assigned to the House State Affairs committee for your consideration at a coming date.

Please be advised that these measures, while well intentioned, do less than accomplish their stated goals. They will impose a new set of laws on everyday citizens, while leaving bad actors unscathed.

HB 1278 is by far the most onerous measure, which states in part that “Any person who allows internet posts shall keep a record of the internet-protocol logs adequate to provide identification and location of otherwise unknown, anonymous, or pseudonymous persons who leave or upload content.”

This requirement does not simply extend to those who write political websites as I do, but to an unbelievably broad base of South Dakotans. The legislature would demand that nearly everyone who operates a website with a minimal level of interactivity be subjected to a government mandate to collect the IP information of users.

For example, Representative Noem – your website at kristinoem.com, which allows people interested in your activities to offer thoughts, would be one of those websites subjected to the tracking mandate of HB 1278.   And Representative Hunhoff – the interactive “editor’s notebook” website for your magazine at http://www.southdakotamagazine.com/editors_notebook.php would also be subject to the tracking requirement set forth.  Both websites allow the users to use a nickname, comment as “anonymous” or otherwise use a pseudonym, which triggers the IP address tracking mandate of HB 1278.

I compliment you both as to your ability with a computer, and you both likely have the ability to track Internet Protocol addresses already installed, just as I do on my own website. But what about those less sophisticated using free software which does not come with such software? They would technically be in violation of the law.

An example I held out on my website was that for instance, my daughter who just turned 13 decided to create a blog designed to give herself an on-line journal to write stories about flying unicorns.  She does it via the blogger platform, a popular and free forum for her to create “Unicorn Land.”  It has nothing to do with politics – it’s “All Flying Unicorns – All the time.” Under the Hamiel/Turbak measure, because the software format allows people the ability to post comments anonymously, or via a pseudonym,  her Flying Unicorn Blog would be subjected to the requirement imposed by government to install IP Address tracking software.

It has nothing to do with people who print falsehoods – which are already subject to potential civil action under existing law. It has everything to do with going after average, everyday South Dakotans who use the Internet.

THAT’S who this measure will be affecting the most.  It’s written as such to require tracking on ALL websites that allow commenters. This includes funeral bereavement web sites, hospital care journals, newspaper web sites, on-line book discussion groups, personal photo upload websites such as flickr, community discussion websites, pheasant hunting blogs, and any internet based web site where a South Dakotan can potentially leave a comment.”

I think we should all consider that this is an improper exercise of government authority, and very chilling to the rights of free speech that we hold very dearly in our society.

I would strongly urge that this package of legislation be killed in your committee.

If I can answer any questions about these measures, or provide any information, please do not hesitate to ask.

Regards,

Pat Powers
dakotawarcollege@yahoo.com

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In the interest of fairness, I thought I’d run down those who are posting on-line in the SD Blogposphere who seem to be embracing the measures proposed in the Hamiel/Turbak-Berry Blog Control Act.

Steve Sibson (a.k.a. Sibby Online) seems to be taking issue with my concerns over a proposal that would force practically everyone with a website to install government mandated IP tracking software.

Now that the ACLU has taken sides agains HB 1277 and HB 1278, it is becoming much easier to pick the correct side, that is if you are supportive of teh First Amendmnt the Founding Fathers created, not teh faus one that has been created by recent Supreme Court rulings.

I’m not sure what he means by “teh faus one.” (Is that a German reference?)

As usual with Sibby, he leaves me scratching my head in a “where-did-that-come-from” quizzical way.  Of all people, you’d expect Steve to be concerned about a government mandate to track who is visiting and commenting on your website.  But, since I’m against this “big brother” tactic, that must mean Steve has to take the contrary, nanny-state position.

I’d be shocked, but this is Sibby we’re talking about.

Only one other person seems to be taking a stance critical of the blogosphere’s near complete opposition to the pair of measures, David Newquist of Northern Valley Beacon.

While David claims that he isn’t taking a position, holding true to his usual snobbery, he spends most of his time belittling blog authors because he believes his own pomposity to be above our savage pettiness.

What makes this really interesting is that I know for a fact that one of the legislators who has an interest in the bill is solely in support of it because of incorrect information (about this legislator) that Newquist posted on his website and on KELO.  AND when this legislator made multiple attempts to contact him and ask for it to be corrected, Newquist utterly ignored him.

Otherwise, Todd Epp, who authored HB 1277 upon request of Noel Hamiel and Nancy Turbak Berry, is against their other measure, the onerous HB 1278 with it’s mandatory website monitoring requirement.

HB 1277 and HB 1278 are still yet to be set for committee hearing in the House State Affairs committee that it has been assigned to.   Keep an eye out, and remember to contact your legislators to let them know what you think.

The Republican National Committee must see Congresswoman Herseth Sandlin as beatable. Listen to what they had to say about Blake Curd’s chances:

This week is set to be a busy one for the National Republican Congressional Committee’s “Young Guns” campaign program.

In a sign that the NRCC intends to continue to expand the Republican playing field in 2010, party officials are set to name 14 new challenger and open-seat candidates who have reached the first rung of the committee’s three-tiered fundraising and infrastructure system.

Also, NRCC Chairman Pete Sessions (Texas) is set to announce the first group of candidates who have completed the necessary requirements to reach the program’s highest level and have earned the distinction of being called the GOP’s top House recruits of the 2010 cycle.

The Young Guns system ranks candidates in three levels: “On the Radar,” “Contender” and, finally, “Young Guns.” Candidates are named to the program by meeting individualized benchmarks set by the committee, which include developing grass-roots support, fundraising and creating a media plan. Those benchmarks become higher and more stringent with each level of the program.

Among the 14 GOP candidates who will be named to On the Radar status this week are South Dakota state Rep. Blake Curd, who is running against Rep. Stephanie Herseth Sandlin (D).

Read it here in Roll Call.

How do you think Scott Heidepriem is going to vote on this one, since as a partner in the law firm representing the schools, we all know what side of the argument (and the checkbook) he falls on.

A Senate majority resolution to amend the constitution was introduced into the Senate on Wednesday to prohibit school districts from supporting or funding any legal proceedings challenging the state over the constitution. If passed by legislators, the amendment could be put on the November ballot.

SJR7 is a “direct attack” on school districts, said Scott Abdallah, attorney for the South Dakota Coalition of Schools, the group supporting the current education funding lawsuit against the state over adequate funding.

and…

Wilbur’s ruling did not prevent a trial in the constitutional challenge. The South Dakota Coalition of Schools withdrew as a party and the trial proceeded with only a handful of students and their parents as plaintiffs.

Wilbur ruled in April 2009, that the school funding system is constitutional. The South Dakota Coalition of Schools intends to appeal that ruling to the Supreme Court, as well.

Read it here.

What do you think?

Lots of comments going on tonight..  A couple of things to remind you of.

1. Keep it on topic.

No Sibby, HB1278 has nothing to do with initiated measure 10, or the identity of the South Dakota Blog Watch Man, and anything to that effect will be deleted as clutter.

2.  Watch the URL’s in posts.

The Spam Filter is on hyperdrive tonight, and URL’s seem to be disagreeing with it.

3. If you’re kicked into Spam or moderated, drop me a personal note.

It’s not intentional. Just drop me a note, and I’ll fix it. If you’re a horse’s arse about it, and exhibit bad manners…. Well, don’t be shocked if I don’t, and I put baby in the corner.

4. If you’re concerned about HB 1277 and HB 1278…

Crackerbarrels are tomorrow.  Tell your reps they need to kill the Hamiel/Turbak-Berry Blog Control Act.

wanted

From my mailbox….

ACLU of South Dakota Concerned By Two Bills in South Dakota House That Chill Free Speech

FOR IMMEDIATE RELEASE
February 5, 2010

SIOUX FALLS , SD- The American Civil Liberties Union of South Dakota is deeply concerned by two bills that have been introduced into the South Dakota Legislature this week. Both bills seek to add serious constraints to websites that allow users to post anonymous opinions. HB 1277 and HB 1278 mandate that websites in South Dakota that allow for unnamed posting of comments, opinions and other speech items must track those who are posting on their web pages and keep records of IP addresses and other potential identifying and private information.

“These bills seek to address issues of defamation on internet websites but do so in a way that is so excessively broad that it suppresses South Dakotans ’ rights to freedom of expression and infringes on their right to privacy,” states Robert Doody, Executive Director of the SD Chapter of the ACLU. “Placing burdensome requirements on bloggers, website owners and others who operate internet-based sites that accept anonymous comments chills freedom of expression to its very core,” said Doody.

The two companion bills seek to undermine and discourage freedom of expression while forcing individuals who operate web-based forums to track their users. If HB 1277 passes, individuals would have the right to sue bloggers, website owners and operators, and others to force them to turn over their business records which identify those who post anonymous comments that might be viewed as defamatory. HB 1278 mandates that “content providers,” those who manage and run websites, blogs, and other forms of internet-based media, track and keep records of all identifying information of their website users.

“Defamation is not protected speech, but anonymous speech and the right to exercise your First Amendment rights are at the very heart of our democracy,” exclaimed Pat Powers, author of South Dakota War College , a blog which allows anonymous comments and which discusses political issues in South Dakota . “Blogs, online newspapers, hospitals, your local funeral home, anyone who allows anonymous comments must install tracking software if this law passes,” according to Pat Powers.

“Defamation is not protected speech on the internet or in any other forum; however, the current bills seek to make anonymous speech a virtual liability for any website owner,” according to Robert Doody of the ACLU of South Dakota. “The ACLU is particularly concerned with how HB 1277 and HB 1278 will chill speech about politicians and other public figures. “Anonymity is a shield from the tyranny of the majority…It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation…” as stated by the United States Supreme Court in Abrams v. United States, 250 U.S. 616 (1919).

Although HB 1277 and HB 1278 have the express purpose of helping combat defamation, both bills place undue burdens on websites to the point where the ability to make anonymous comments would be curtailed and in turn limit the ability to exercise the First Amendment. “There are other avenues to address online defamation through the legal process besides passing such chilling legislation,” said Doody.

wanted

Lest there are those few out there who question why they should care one iota about the Hamiel/Turbak Blog Control Act, I’d like to point out how far sweeping this measure is, and why it is so chilling in terms of government control.

I’m NOT a fan of HB 1277, which has a multitude of problems, not the least of which is that it could cause internet content providers to shut off their services to access from South Dakotans. But HB 1278 is just plain out scary in terms that providers of Internet Content would have it mandated our state government that they install tracking software.

As “the scary part” notes: Any person who allows internet posts shall keep a record of the internet-protocol logs adequate to provide identification and location of otherwise unknown, anonymous, or pseudonymous persons who leave or upload content.

How far reaching will it be?  Well, let me just show you who Noel Hamiel and Nancy Turbak will mandate tracking software for….

The Mitchell Daily Republic. Noel Hamiel’s old stomping grounds as publisher will be one of the first to feel the sting of the Hamiel/Turbak Blog Control Act.  This newspaper blog allows one to use a pseudonym – and under the law, that would trigger the need for mandatory compliance.

caring

The Mitchell Avera Queen of Peace Caring Bridge Patient Journal.  It’s a very simple matter to use a pseudonymous name. Because it is an on-line content provider, under the Hamiel/Turbak Blog Control Act, hospital journals that allow comments would be required under the law to submit to the draconian tracking software requirement.

crawford

The Hamiel/Turbak Blog Control Act even goes after those grieving.  Because it is “on-line content”  the mandatory tracking measure would also apply to the well wishes of those grieving, since this form of commerical speech in the form of posts about mourning and grief could allow pseudonyms to be used, Nancy Turbak Berry’s act which is offensive to free speech would regulate, and mandate that the Crawford Funeral Chapel in Watertown install IP Tracking software as part of their obituary comment roll.

vc

plannedP

The Hamiel/Turbak Blog Control Act is an equal opportunity government control act.  Both the Pro-life website “Voices Carry” as well as the Pro-Choice “Planned Parenthood Blog” will be subjected to install monitoring software to satisfy the  mandates of the Hamiel/Turbak Blog Control measure to potentially identify those who are leaving comments.

Congresswoman Herseth Sandlin, Kristi Noem, the Senate Democrats (dormant or not), and SD GOP, or anyone else’s campaign blog that allows comments? ( And you all do.)  Guess what? The Hamiel/Turbak Blog Control Act will force you all to install government mandated tracking software.

ACLU

And finally under the Hamiel/Turbak BCA, even the ACLU would be forced to install IP Tracking software, as if you look at their blog, they allow anonymous comments and pseudonyms.

How’s that for a chilling effect on Free Speech?

Stay tuned.

wanted

HOUSE BILL NO. 1278

Representatives Hamiel, Bolin, Brunner, Carson, Cutler, Deadrick, Fargen, Gibson, Gosch, Greenfield, Hoffman, Hunt, Iron Cloud III, Jensen, Juhnke, Kirkeby, Kopp, Krebs, Lederman, McLaughlin, Moser, Olson (Betty), Schlekeway, Sly, Sorenson, Turbiville, Vanneman, and Verchio and Senators Turbak Berry, Brown, Dempster, and Vehle

FOR AN ACT ENTITLED, An Act to provide for a process of obtaining certain information from online content providers in slander and libel actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 20-11 be amended by adding thereto a NEW SECTION to read as follows:
Any person who allows internet posts shall keep a record of the internet-protocol logs adequate to provide identification and location of otherwise unknown, anonymous, or pseudonymous persons who leave or upload content. However, no person may be compelled to produce such information except in response to a court order.
Section 2. That chapter 20-11 be amended by adding thereto a NEW SECTION to read as follows:
Any party seeking an order compelling production of internet-protocol logs, whether in an action brought under this chapter or under common law shall establish:
(1) That the request for information is made in good faith and not for any improper purpose;
(2) That the information sought relates to a material claim or defense;
(3) That the identifying information is directly and materially relevant to that claim or defense; and
(4) That the information sufficient to establish or to disprove that claim or defense is unavailable from any other source.
Section 3. For the purposes of this Act the term, internet, is the same as the term is defined in § 37-24-41.

You ever have one of those moments where you’re scratching your head over what legislators propose?

“Any person who allows internet posts shall keep a record of the internet-protocol logs adequate to provide identification and location of otherwise unknown, anonymous, or pseudonymous persons who leave or upload content.”

This literally sets the gold standard for Nanny-statism. Not just the annoying “we think it’s for your own good misguided over-altrusitic efforts.”    This is more akin to out-and-out a police state type of control fascism.

Frankly, this is the type of thing that should offend South Dakotans to the inner core.

Why?  For example….

Let’s (for instance) say my daughter who just turned 13 decides to create a blog designed to give herself an on-line journal to write stories about flying Unicorns.  She does it via the blogger platform, a popular and free forum for her to create “Unicorn Land.”  It has nothing to do with politics – it’s “All Flying Unicorns – All the time.”

Under the Hamiel/Turbak measure, because the software format allows the ability to post anonymously, or via a pseudonym….  Her flying Unicorn Blog would be subject to what we’ll call “the Hamiel/Turbak Blog Control Act,”  and this little 13 year-old redheaded girl would have to install IP Address tracking software as  mandated by state government.

Government mandated comment tracking.

This would be like telling newspapers they have to track and be able to identify any anonymous sources for news stories, except in this case, it goes far beyond news.

And the Hamiel/Turbak Blog Control Act should scare everyone witless.

All the way down to prospective unicorn story authors.

This weekend, take a moment to contact your legislator – and tell then they need to kill this ridiculous measure.

This seems appropriate for this afternoon’s turn of events.

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Who would have thunk. A former newspaper publisher, and a trial lawyer. Both of whom you’d think would be well versed with the first amendment.  Noel Hamiel, former publisher of the Mitchell Daily Republic, and Nancy Turbak Berry, Watertown (and S. Carolina) Attorney That’s  who is teaming up to take on anonymous website posters. And here’s your first taste – one of the proposed measures that they’re pushing around the Capitol….

For an act entitled, An act to provide for a process of obtaining certain information from online content providers in slander and libel actions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

Section 1. That chapter 20-11 be amended by adding thereto a NEW SECTION to read as follows: Any person who allows internet posts shall keep a record of the internet-protocol logs adequate to provide identifciaton and location of otherwise unknown, anonymous, or pseudonymous persons who leave or upload content. However, no person may be compelled to produce such information except in response to a court order.

Section 2. That chapter 20-11 be amended by adding thereto a NEW SECTION to read as follows: Any party seeking an order compelling production of internet-protocol logs, whether in an action brought under this chapter or under common law shall establish:

(1.) That the request for infoamtion is made in good faith and not for any improper purpose;

(2 )That the information sought relates to a material claim or defense;

(3.) That the identifying information is directly and materially relevant to that claim or defense; and

(4.) That the information sufficient to establish or to disprove that claim or defense is unavailable from any other source.

Section 3. For the purposes of this ACT the term, internet, is the same as the term is defined in 37-24-41.

Much, much more to come.

Chris Nelson Statement on Exploding the Federal Debt Ceiling

United States House of Representatives candidate Chris Nelson today highlighted the stark difference between the words and the actions of South Dakota’s incumbent Representative.

Following the President’s State of the Union speech, Representative Herseth Sandlin endorsed the President’s call for a spending freeze on some areas of discretionary spending beginning next year.  This call for a spending cap is at least two years too late.  Spending in these areas has increased nineteen percent in the last two years.  The incumbent easily endorses a cap AFTER the spending has skyrocketed.

Representative Herseth Sandlin continued saying we “must do more” to get spending under control.  Unfortunately the words don’t match the votes.

Today our Representative voted to increase the federal debt ceiling by $1.9 trillion dollars.  This vote to increase the federal debt to $14.3 trillion dollars adds over six thousand dollars of debt to each man, woman, and child in the United States.

Unfortunately this vote continues a long trend of votes for more federal spending and higher debt by Representative Herseth Sandlin:
$820 Billion on first passage of stimulus spending bill on January 27, 2009.
$787 Billion on final passage of stimulus spending bill on February 13, 2009.  Every penny of the $787 is borrowed money.
$410 Billion Omnibus Appropriations Act of 2009 on February 25, 2009.  Increased spending eight percent over previous year.
$3.56 Trillion Congressional Budget for fiscal year 2010 on April 29, 2009.  Increases the national debt by at least $1.2 trillion dollars.
$1.1 Trillion Appropriations Act on December 10, 2009.  Average increase per department of ten percent over previous year.
$290 Billion increase in the federal debt limit on December 16, 2009.  Sets the federal debt limit at $12,394,000,000,000.  That debt is about $40,000 per person.

Nelson summarized the inconsistency this way, “The incumbent Representative has painted herself as a ‘fiscal conservative blue dog Democrat’.  A review of today’s vote and the Congressional Record shows otherwise.  Our Representative has contributed to the exploding federal debt.  I am ready to go to Congress and vote to balance the federal budget by cutting spending and shrinking the roll of the federal government.  It’s time to bring fiscal responsibility to Congress and limit the size of the federal government.”

Blake Curd Disappointed in House Vote to Increase Debt Limit

SIOUX FALLS – Blake Curd, Republican candidate for South Dakota’s lone congressional seat, voiced his disappointment today with the House vote to increase our nation’s debt limit by an additional $1.9 trillion dollars.

“With this vote today, Rep. Herseth Sandlin and the Democrats in Congress voted to add another $6,000 worth of debt for every man, woman and child on top of $40,016 per person we already have. Past Republican majorities spent too much of the taxpayer dollars, but Rep. Herseth Sandlin and her colleagues have taken reckless spending to a whole new level,” said Curd.

“Rep. Herseth Sandlin claims to be concerned with fiscal responsibility, but the reality is she has supported every major spending bill Speaker Nancy Pelosi and the Democrat majority have put forward including the $787 billion stimulus, major appropriations bills, and budget resolutions,” said Curd, who is a veteran and doctor in Sioux Falls.

“If elected to Congress, I will look for waste, fraud and abuse and question assumptions about spending just like I’ve done in the State Legislature in Pierre,” said Curd, who is a first term State Representative representing portions of Lincoln and Minnehaha Counties.

Rep. Herseth Sandlin has voted for every major budget and spending bill since Democrats have been in the majority:

H.Con.Res 99, Roll Call Vote #212, 3/29/07 (FY08 Budget Resolution)

H.R. 2764, Roll Call Vote #1171, 12/17/07 (FY08 Consolidated Appropriations Bill)

H.Con.Res. 312, Roll Call Vote #141, 3/13/08 (FY09 Budget Resolution)

H.R. 1, Roll Call Vote #70, 2/13/09 (Stimulus Bill)

H.R. 1105, Roll Call Vote #86, 2/25/09 (FY09 Consolidated Appropriations Bill)

H.Con.Res 85, Roll Call Vote #192, 4/2/09 (FY10 Budget Resolution)

H.R. 3288, Roll Call Vote #949, 12/10/09 (FY10 Consolidated Appropriations Bill)

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nrcc_pressheaders_nrcc

Stephanie Herseth Sandlin Says Bring on the Debt: Rewards Pelosi with Credit Line Extension

South Dakota Democrat Votes for $2 Trillion in New Debt, Continues to Embrace Job-Killing Agenda That Spends Too Much, Taxes Too Much, and Borrows Too Much

Washington- Democrat Stephanie Herseth Sandlin turned her back on South Dakota families again today when she approved a measure to increase the country’s debt ceiling by nearly $2 trillion, allowing her party to continue passing off the tab for their runaway spending:

“Democratic leaders in the House of Representatives are counting on new budget deficit curbs to help smooth the way for a bill allowing the government to go $1.9 trillion deeper into debt over the next year — or about $6,000 more for every U.S. resident.

“The debt measure set for a House vote Thursday would raise the cap on federal borrowing to $14.3 trillion.” (“House Faces Tough Vote on $1.9T More Debt,” Associated Press, 2/4/10)

Unfortunately, there’s no end in sight for the taxpayers who are stuck with the bill for Herseth Sandlin’s spending bonanza, as Democrats continue to rack up the debt:

“A 1.9 trillion-mile trip is about the same as 8 million trips to the moon.

“Unfortunately, the $1.9 trillion in new borrowing authority Congress is giving President Barack Obama won’t take people quite that far. The additional $1.9 trillion raises the debt ceiling to $14.3 trillion, but that limit may have to be increased again after the November election.” (“How Big Is $1.9 Trillion? Very,” Associated Press, 2/4/10)

“With Democrats sinking the country deep into the red, Stephanie Herseth Sandlin’s vote to bring on more debt is simply reckless,” said NRCC Communications Director Ken Spain. “Herseth Sandlin and her party leaders have embraced a job-killing agenda that spends too much, taxes too much, and borrows too much. Instead of backing away from her party’s runaway spending spree, Herseth Sandlin just handed them a credit card with a $1.9 trillion line of credit.”

After giving her party the green light to pile another $1.9 trillion on the backs of South Dakota families, will she ever get the message that enough is enough?

###

Apparently House Democrats have something to fear….

House Democrats Block Vote on Thune Measure to End TARP

WASHINGTON, DC – Senator John Thune commended Republicans in the House of Representatives for offering a motion that would have given House Members an opportunity to end the Troubled Asset Relief Program (TARP) and allow unspent funds that are paid back to lower the national debt. Democrats successfully blocked the measure to proceed to the bill by a vote of 233-195. Republicans were joined by 20 Democrats who voted to move to the measure.

“Democrats in the House today blocked an opportunity to take a step toward ending TARP as part of their efforts to increase the debt limit,” said Thune. “The original purpose of TARP no longer exists and it is time to shut down this program. This was an opportunity for the House to show they are listening to the American people and they are willing to stop the spending spree. Mounting debt threatens to crush our economy, but ending TARP would be a significant step toward addressing this growing problem.”

On January 28^th, the Senate voted 60-39 to increase the debt ceiling by $1.9 trillion to $14.294 trillion – the largest such increase in our nation’s history. When the Senate considered the increase to the debt limit, a majority of Senators supported the bipartisan Thune TARP amendment, which needed 60 votes, but was defeated by a vote of 53 to 45.

Last summer, Senator Thune also introduced the Government Ownership Exit Plan Act (S. 1242). The Government Ownership Exit Plan would end TARP authority and require the federal government to sell all the ownership interests in private companies that it has acquired through TARP.

###

I was just informed that Sydney Jones, the daughter of Troy and Mary Jones, who many around South Dakota had been pulling for since we’d received word of her illness, passed away this morning.

As noted on the journal page for Sydney,

Visitation will be held Sunday, February 7th from 5-7 p.m., with family present, at St. Lambert’s Catholic Church in Sioux Falls, SD (1000 S Bahnson). Christian Wake services will be held following the visitation.

A Mass of Christian Burial will be at St. Lamberts on Monday, February 8th, at 11:00 a .m.

The family is requesting that in lieu of flowers, memorials be sent to the:

Sydney Anne Jones Memorial Fund
Catholic Foundation of Eastern South Dakota
523 N Duluth Ave
Sioux Falls, SD 57104

Please keep the Jones family in your thoughts and prayers.

I spent most of my time in Pierre painting at the family homestead, and I managed to come across something that I knew existed, but hadn’t seen in about 10 years.

It’s a bit of a historic document, so I’m sharing it here.

jedgar_and_pp

Yes, that’s FBI Director J. Edgar Hoover congratulating my dad on the occasion of my birth. Unless they had autopens back in 1966, in comparing it to known autograph examples, it looks like it was him, and not a secretary signing it.

That’s going on my office wall!

I wandered the halls, commisurated with the legislators, and served as the blogosphere’s hall monitor for the State Legislature today.

So what did I learn?

1. Stepanie Rissler of SDPB has impeccable manners, even towards a schlub like me. I chatted with her early this afternoon, and she sent me a nice note this evening.  Make sure you catch her on SDPB’s statehouse.

2. Ben Nesselhuf has a tendency towards dramatic flair when speaking on the floor…

bj

3.  State Representative Rich Engels is not going to run this next election, so he can spend more time with family during those pesky growing years which chase so many out of politics.    Best of luck to Rich.  Also not coming back… Dennis Schmidt & Jim Peterson.

4. I didn’t think I ever realized how hilarious Shantel Krebs is. At the REALTOR Chili-Oyster feed, she was entertainment at the table as among other topics, she explained her hubby’s (former Press Secretary Mitch Krebs) lament because she keeps the thermostat low as a cost saving measure.

5. Bruce Rampleberg is going to be running for State Senator Gordon Howie’s seat in the State Senate.  Elizabeth Kraus is slated for that Schmidt seat…

6. Bad news, I heard that Curt Hohn, who ran against John Thune a few years ago, and former Senator J.P. Duniphan were both mentioned to be undergoing treatment for cancer.  Good luck and a speedy recovery for both. 

7. The best show in town today was an unrecorded, informal meeting.  Senator Jim Bradford and Representative Iron Cloud apparently got into a very heated discussion in an informal state-tribal relations committee.  Unfortunately, since it was informal, it wasn’t on tape.   And we’ll never know what was really said….. 

From everything I heard, it would have been worth a listen.

Stay tuned – I’m back on the road in the AM!

We’ve had a ton of notes regarding Troy Jones’ daughter Sydney, a former legislative page who suffered a pulmonary embolism this week.

Sydney is hospitalized at Creighton University Medical Center, and I was informed tonight of a web journal set up with more information for people to review and to leave their best wishes for a speedy recovery.

You can find the Journal *Here*

Please click on the link, and sign the guestbook. You can set it for regular updates to be sent to you vie e-mail.

Again, all our best to Sydney for a speedy recovery, and our prayers remain with the entire Jones family during Sydney’s illness.

I’m sitting in the house gallery, and wouldn’t you know I tore the rear of my pants on a sharp piece of metal.

Right on my rear-end. Rats.
About at that moment, as I’m exploring the extent of the damage, my friend Brock Greenfield chooses that moment to right a wrong, and recognizes me from the house floor.

Taking my hand away from my posterior, I waved in reponse to the gracious courtesy of the House (after my light ribbing).

But it’s not all sunshine and roses.

A Sgt at arms admonished me from using my phone… And I still have a hole in the seat of my pants.

Such is the life of a political blogger.

As I sit here pecking this out on my phone, and listening to Senator Gant’s testimony on his open government bill, I couldn’t resist.

I come to the Senate, I managed to get introduced (again).

The House? Not so much as they toil under the burden of being the lower chamber.

Although, I wasn’t sure if everyone here was clapping.

(And you know who you are.)

I’m sitting in the House chamber to hear a good speech from Blake Curd, and a couple of legislators try to get me recognized from the podium..

Only to be denied.

Hmph.

Last time I was here, no less than the Lieutenant Governor introduced me in the Senate, to mild applause, and a boo or two from the Dems.

But I come to the House……

I guess we all know why they’re considered the lower chamber.

(I kid, I kid)

“Congress needs fixing, and I ask to be your mechanic.”

So it says on the website of South Dakota’s newest congressional hopeful Tarn.

Tarn Viera, that is.

As for his biography…

Tarn’s Biography

• Born August 23, 1967 in Chico, CA
• Grew up in the orchard, rice, and cattle country of Northern California
• Bachelor of Science Degree in Agricultural Science and Management – University of California at Davis – 1990
• Master of Agriculture and Management – University of California at Davis –1992
• Employment Experience
  • Farmhand
  • Summer Field Rep for grower-owned canning cooperative
  • Truck Dispatcher
  • Oil Refinery Maintenance
  • Cattle Feedlot hired man
  • Beef Packing Quality Control
  • Packaging Engineering for Beef and Pork Packing
  • Farm Proprietor: hay and cattle

Winston Churchill said: ”Know history, and you’ll know statesmanship.” With this in mind, I’ve read most of Durant’s Story of Civilization – 11 volumes, approximately 1,000 pages each

You can catch all of Tarn’s website at tarn4house.net.

Here are the pictures which started the whole controversy in Rapid City after (as so I’m told) some city employees apparently snapped these photos, and passed them on to Councilman Kooiker because they were a bit outraged.

P9010173 (2)

P9010175 (2)

P9010174 (2)

What do you think?

Apparently, there’s a few things people need to know about Rapid City.

That in 1876, it was founded by a group of disheartened prospectors that had come to the Black Hills in search of gold.

That Black Hills Staple & Spice Market is one of those places you need to shop at when passing through the area.

And that if you are an elected official that cares about his position enough to look into allegations of waste in city government (and not just accepting of the company line) that the city will spend $17,000 to investigate you, because they don’t like you sniffing around.

Let that sink in. They spent $17,000 to hire an outside attorney to investigate it. And what was the end result? A resolution of fierce scolding.

Once again…. They spent $17,000 so they could scold someone.

As I’m reading this tale, I’ll refer to the Rapid City Journal article that brought it all up:

Aldermen voted 8-1 on Monday to hold a public hearing Feb. 16 on the matter after a heated executive session that approached the two-hour mark.

Kooiker said the grievance stems from his asking questions about the disposal of thousands of dollars in Rapid Transit signs and brochures last fall.

Read that here.

More importantly, in part, read the finger waggling resolution that they felt the need to spend $17,000 on.

censure_sam

As I’m gleaning the story from the information out there, “supposedly” someone decided not to follow recommendations of a consultant, and decided to do the bus routes their own way. And after finding it was a mess, they had to fix it, dumping color brochures – and here’s where we start splitting hairs – possibly costing tens of thousands of dollars. But the person who dumped them claims it was only a waste of a few thousand, not tens of thousands.

And when Sam Kooiker decided to not just accept the answer of the person who might possibly be performing “job-saving CYA,” that person filed a complaint under the conduct policy crying that he was being questioned too much.

So they spent $10,000 (in addition to $7000 spent previously) to investigate whether Sam is too probing in his quest for answers from city staff.

Are. They. Kidding?

It looks like a public hanging hearing on the witch hunt letter of censure is to be held on February 16th because some people didn’t like Alderman Kooiker doing the job he was elected to do.

When Kooiker doggedly questioned if in the neighborhood of $33,000 worth of taxpayer dollars were possibly thrown in the trash; instead of being congratulated for being diligent, and joining him in the quest for the truth, his fellow council members wasted even more money trying to avoid the issue, and instead used him as a scapegoat as they created their own live modeling of the “see no evil, hear no evil, speak no evil” statue.

All I have to say is that if you’re in the area – show up on February 16th. And demand that the city council let Sam do the job that taxpayers hired him to do.

And while you’re at it, you might consider what you want to do with the rest of the council.

HOUSE BILL NO. 1245

Introduced by: Representatives Lange, Blake, Feickert, Hunhoff (Bernie), Kirschman, Lucas, Nygaard, Schrempp, Solberg, and Thompson and Senators Hundstad, Jerstad, and Merchant

FOR AN ACT ENTITLED, An Act to repeal the death penalty and commute certain death sentences to life imprisonment.

Forcing a vote on the death penalty, so we can see which legislators are weak on crime?

Wasn’t it Scott Heidepriem who was crying that Republicans were putting in controversial resolutions to force legislators to take positions on policy statements?

He’d better have a look at the measures that his own political party is placing in the hopper before he grumbles about it again.

Not that this measure will make it out of the house.

At the very least, we can add this to the long, long list of terrible legislation from Gerry Lange.  Although, I’m having trouble reconciling how in his mind, the United States did something to deserve the attack on it by terrorists on 9/11, but someone who brutally rapes and murders a little girl deserves less than the ultimate penalty that can be meted out by society.

HB 1147 – FOR AN ACT ENTITLED, An Act to permit townships to provide certain health, life, and disability income insurance benefits.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 8-2 be amended by adding thereto a NEW SECTION to read as follows:

A township may enroll in any group health insurance plan, group life insurance plan, or group disability income insurance plan permitted by law to be offered in this state for the officers and employees of the township. The township may pay all or part of the necessary premiums for its officers and employees.

In this measure, the township board members are asking for the ability to vote themselves – possibly at taxpayer expense – health insurance.

For showing up at – as required by law – three meetings a year.

Three meetings a year.  At what? 3-4 hours per meeting?

It’s bad enough that we have county commissioners recieving health insurance benefits because they were elected to what amounts to little more than a part-time office.

Now township officials want it too?  At the expense of people, many of whom possibly can’t afford to carry health insurance in these times when checkbooks are slender?

Do they plan on wiping the milk off their lips after suckling at the bosom of the taxpayer?

I’m just asking, because otherwise, it might be rude.

SENATE CONCURRENT RESOLUTION NO. 1

A CONCURRENT RESOLUTION, Opposing the government takeover of health care as currently proposed by Congress and encouraging preservation of states’ rights regarding health care regulation.

The question being on Sen. Brown’s motion that SCR 1 be adopted.

    And the roll being called:

    Yeas 22, Nays 10, Excused 3, Absent 0

    Yeas:
Abdallah; Adelstein; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Haverly; Heidepriem; Howie; Hunhoff (Jean); Knudson; Maher; Nelson; Novstrup (Al); Olson (Russell); Rhoden; Schmidt; Tieszen; Vehle

    Nays:
Bartling; Gillespie; Hanson (Gary); Hundstad; Jerstad; Kloucek; Merchant; Nesselhuf; Peterson; Turbak Berry

    Excused:
Ahlers; Bradford; Miles

Wow. A couple of blue spots in a sea of Red State protest against Obamacare.

Thanks to Ryan Maher and Scott Heidepreim for helping the Republican caucus stand against Obama’s reckless plan to bankrupt the country.

Got the word tonight that both Rep. Jim Putnam and Rep. Bill Van Gerpen have petitions out for the Senate seat being vacated by Frank Kloucek who is term limited out of office.

Jim is termed out himself, but Bill is rumored to be committed to the race because he’s always wanted to be in the Senate.

Stay tuned to see if this potential contest arises…..

“A former newspaper publisher going after the first amendment? What are you talking about PP?”

Well, as usual, you’re hearing about it first at the South Dakota War College.

I’ve spoken with several legislators who have signed on, or are being asked to sign on to a pair of bills being circulated by Hamiel who is apparently directing an attack at bloggers. And more specifically, the free speech of commenters.

One of these measures I’m being told directs those hosting or writing blogs to turn over (upon request) identifying information of commenters. I believe the other is with regards to “libelous” statements allowed to remain out on the internet.

Is he kidding? 

Despite this fact, I’m told there’s a long list of legislators who are signing on to this unconstitutional measure. But then again, when has constitutionality ever been an overriding concern when it comes to legislation? 

Anonymous free speech has been upheld by the US Supreme Court.  And since this measure is coming from what I would assume is a number of aggrieved public officials, I’d also remind them that as public officials their protections are even less, as demonstrated by a SD based Supreme Court case.

Yet, as has been noted to me, Noel is promoting a measure to force blog hosts to provide IP addresses to the offended. We won’t know how much htis bill infringes upon free speech until it hits the hopper, and we can see the full language. But, it still leaves me scratching my head.

Here is a former main stream media journalist who we might assume would go to jail to protect his sources, But when another iteration of the media arises that threatens to supplant his? The main guns are loaded for bear.  

At the end of the day, this is a shot across the bow of the blogosphere, and a protective measure for newspapers who are slow to adapt to the leap in technology that has, admittedly, added to the continual erosion of the Mainstream Media’s readership and resources.

But then again, if you’re reading this, you’re adding to their erosion too, since you like your news “breaking” and “electronic.”

I just caught some terrible news.

Troy Jones, who contributes posts here from time to time, and is an avid and active commenter just had his 21 year old daughter suffer a heart attack.  She is currently in the Hospital in Omaha.

If this website deviates from it’s moral compass on occasion, Troy often is the first one to shift it back, and is never afraid to tell me so. He is passionate about his politics, but they are always marked with common decency.

Please keep his daughter Sydney, and the entire Jones family in your prayers as they face this challenge.

Headline:  AARP says ’sexting’ is a hit for the over-50 set.

As Democrats are mewling about resolutions that they consider as designed to make them take a stance on issues (such as when Scott Heidepreim repudiated Obamacare yesterday) that voters might care about, State Representative Lance Russell has proposed a measure that deserves an airing on the floor of the State House, and for every legislator to be counted up and down as to where they stand.

FOR AN ACT ENTITLED, An Act to authorize reasonable suspicion testing and prohibit the use of controlled substances by welfare recipients.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

Section 1. That chapter 28-1 be amended by adding thereto a NEW SECTION to read as follows:

Upon reasonable suspicion, the Department of Social Services may test a recipient of public assistance for marijuana or controlled drugs and substances. Marijuana is defined in subdivision 22-42-1(7) and controlled drugs and substances are defined in chapter 34-20B. If a recipient tests positive for marijuana, a controlled drug, or a controlled substance, the Department of Social Services may deny public assistance for the recipient. A recipient who tests positive for marijuana, a controlled drug, or a controlled substance may appeal the positive test result according to the contested case procedure in chapter 1-26.

Section 2. That § 28-12-3 be repealed.
28-12-3. Pursuant to section 115(d)(1)(A) of Public Law 104-193, South Dakota opts out of the provisions of section 115(a)(2) of Public Law 104-193.

Read it here.

What do you think?  Should welfare recipients (and they’re requesting welfare, it’s not a right) be compelled to do drug testing if someone has a suspicion that state government is paying to fuel their habit?

HOUSE BILL NO. 1220

Introduced by: Representatives Thompson, Engels, Feinstein, Gibson, Hunhoff (Bernie), Kirkeby, Lederman, Lucas, and Sorenson and Senators Turbak Berry, Abdallah, Hanson (Gary), and Heidepriem

FOR AN ACT ENTITLED, An Act to provide for legislative redistricting by a bipartisan, nonlegislative commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. A commission of seven citizens, none of whom may be public officials, shall be selected to prepare the plan for redistricting the state into legislative districts.
Section 2. The majority and minority leaders of each house shall each designate one commissioner. A commissioner shall be appointed from each district listed in section 3 of this Act. The majority leader of the Senate has first choice of the district from which the majority leader will select a commissioner. The majority leader of the House of Representatives has second choice; the minority leader of the Senate has third choice; the minority leader of the House of Representatives has fourth choice. Within twenty days after their designation, the four commissioners shall select the fifth, sixth, and seventh members. If the four members fail to select the fifth, sixth, and seventh members within the time prescribed, the chief justice of the Supreme Court shall select the fifth, sixth, and seventh members.

and…

Section 11. The commission shall submit its legislative redistricting plan to the Legislature by September 20, 2011.
Section 12. Within thirty days after the commission submits its legislative redistricting plan to the Legislature, the Legislature shall return the plan to the commission with its recommendations.
Section 13. Within thirty days after receiving the legislative redistricting plan and the Legislature’s recommendations, the commission shall file its final legislative redistricting plan with the secretary of state and the plan shall become law fulfilling the requirements of S.D. Const., Art. III, § 5.

Read the rest here.

Remember a couple of years back when Tom Katus thought the legislature wasn’t tough enough to take the heat on our tax structure? He proposed a measure to dump the duty of the legislature off on a “bipartisan, nonlegislative commission.”  That proposal went over like a lead balloon.

Well, guess what? Another round of “buck passing” is being proposed, this time with legislative redistricting.

Democratic State Representative Bill Thompson is proposing this measure…. well, I’m not sure why, but you have those legislators who think they just need to do SOMETHING to justify their time in Pierre.

Except there’s a problem with this legislation. Or possibly two.   The problem is that is appears on it’s face to be unconstitutional.

Why do I think this? Well, here’s the passage that gets my attention when it comes to redistricting. Article 3, section 5 of the South Dakota Constitution states:

§ 5. Legislative reapportionment. The Legislature shall apportion its membership by dividing the state into as many single-member, legislative districts as there are state senators. House districts shall be established wholly within senatorial districts and shall be either single-member or dual-member districts as the Legislature shall determine. Legislative districts shall consist of compact, contiguous territory and shall have population as nearly equal as is practicable, based on the last preceding federal census. An apportionment shall be made by the Legislature in 1983 and in 1991, and every ten years after 1991. Such apportionment shall be accomplished by December first of the year in which the apportionment is required. If any Legislature whose duty it is to make an apportionment shall fail to make the same as herein provided, it shall be the duty of the Supreme Court within ninety days to make such apportionment.

Where in there does it say that they can pass the duties off to a “bipartisan, nonlegislative commission?” According to this proposed measure, they’re allowing the commission to have the final say. If it came down to brass tacks, I’d seriously question whether or not this law (and any action of the commission) would survive a challenge with the state supreme court.

That’s problem #1. Problem #2?

The state constitution provides that it is within the Governor’s scope of authority to appoint officers of the state. (and also stated in law here)  It really isn’t addressed in the Legislative or Judicial articles that they have a similar blanket authority to appoint people to commissions. That’s why (up until recent years) you used to see the legislature creating task forces as opposed to official commissions such as this.

This is probably more argumentative, but it’s one of those gray areas that no one has ever really challenged head on, because no one really wants to know the result.  This isn’t something I came up with myself. When I was with first with the Governor’s office handling boards and commissions, there were those from the previous administration (with a legal background) who considered that very important and very true.

As I was writing this, I also noticed another problem with the measure that if I were affected, I might roll the dice and attempt to challenge….

Section 7. No member of the commission may run for election to a legislative seat within two years after the redistricting plan in which the member participated becomes effective.

How does that hold up to being challenged on the basis to our constitutional right of free speech? Or how does it hold up against the stated qualifications for the South Dakota Legislature as set forth in the state constitution?

Not that the legislature is opposed to approving bad law.   But it just seems as if there are too many problems with this mess to let it even be considered for approval.

When State Government is facing a 100 million dollar hole in the budget, what’s the best that big government, social engineering legislators can find to do with their time?

SENATE BILL NO. 154

Introduced by: Senators Adelstein and Bradford and Representatives Pitts, McLaughlin, and Nygaard

FOR AN ACT ENTITLED, An Act to prohibit the use of tanning devices by minors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 26-10 be amended by adding thereto a NEW SECTION to read as follows:
Terms used in this Act mean:
(1) “Tanning device,” equipment that emits electromagnetic radiation having wavelengths in the air between two hundred and four hundred nanometers and that is used for tanning human skin. The term does not include a phototherapy device used by a physician licensed pursuant to chapter 36-4 that emits ultraviolet radiation and is used in treating disease;
(2) “Tanning facility,” a place or business that provides persons access to a tanning device.

Section 2. That chapter 26-10 be amended by adding thereto a NEW SECTION to read as follows:No person may permit a minor to use a tanning device at a tanning facility. A violation of this section is a Class 2 misdemeanor.

Section 3. That chapter 26-10 be amended by adding thereto a NEW SECTION to read as follows:
Any person charged with a violation of section 2 of this Act may offer evidence, as a defense, that the person made a reasonable attempt to investigate the age of the person by examining an age-bearing identification document that would have appeared valid to a reasonable and prudent person or relied upon a consent document that would have appeared valid to a reasonable and prudent person.

(For those of you wondering, a Class 2 misdemeanor means thirty days imprisonment in a county jail, a five hundred dollars fine, or both.)

I think I grumbled derisively last year that “In times of deep fiscal crisis at the national and state level, it is time for our elected representatives at the legislature to focus FOCUS ON THE RETURN OF THE TAN BAN!?!”  Fast forward one year.  The budget crisis is worse, and so’s this legislation.

In the face of all our crises, the best that they can come up with is a measure that threatens to throw people in jail for allowing to use tanning beds.  This year’s measure is even more onerous in terms of being “big government” than those in previous years, as it even takes the permission slip out of the hands of children. It flat out makes it a crime to allow minors to use tanning beds.

Unfortunately, there are too many Republicans sponsoring this bill who have forgotten the tenets of the Republican party that state in part:

I BELIEVE the proper role of government is to provide for the people only those critical functions that cannot be performed by individuals or private organizations and that the best government is that which governs least.

How on earth is it “Governing the least” to make it a crime to do that which people can do in the sun legally? How are Senators Adelstein and Bradford and Representatives Pitts and McLaughlin making government less burdensome by this measure.

A hint for them - It’s not, and they’re not.

How can legislators such as these possibly think about complaining about big government initiatives coming out of Washington when the garbage they’re foisting on South Dakotans are just as bad if not worse?

For the efforts of the prime sponsors, we have to dust off an old award for this session’s big government social engineers…….

2010_nannies

Senator Stan Adelstein (who else?) and Representative Carol Pitts are guilty of bringing the same kind of bad “nanny state” legislation that their fellow legislators have smartly killed “hands down” in 2 previous sessions.

Shame on them, and for anyone who casts a vote in favor of this mess of a bill.

Senate Bill 154 is the worst kind of legislation. And anyone with a lick of sense can recognize that.

It will probably be light posting tomorrow, as I’m attempting to get over to South Dakota’s own version of the beltway; namely our Capital City of Pierre.

I’m coming over to paint some trim at my dad’s house, so we might finally get it on the market, and to attend the REALTOR’s Chili-oyster feed with the legislators Wednesday evening.  That is, if the weather holds.

So if you don’t hear from me in the AM, I’m probably getting my oil changed, or I’ve already started out across the cold wintry tundra.

From one of the Pierre lobbyists, a pretty good one -

If your bill is complicated, state,”Go ahead and pass it and we will clean it up next year”.

Why do I think that all too often in response, there’s plenty of legislators who stare blankly and nod in agreement?

State Senator Dave Knudson (one of those guys posturing in Pierre for attention) has a bill in to reorganize state government. At least a year early.

According to the Capitol Journal:

Sen. Dave Knudson, R-Sioux Falls, introduced SB140, which would create independent departments of Tourism and Economic Development.

and…

Rounds created the Department of Tourism and State Development by executive order when he took office, which both he and Knudson said is the normal way to reorganize state government.

“Whoever the new governor is will have a chance to revise his entire cabinet the way that they want to do it by executive order,” Rounds said. “I will handle my departments the way I see fit.”

Read it all here.

Backhanded slap and ouch.

it’s only going to get worse as session wears on.

Update – check out this note on the issue from Tony Mangan at KCCR Radio…

Knudson says he has no examples of how having one large office has hampered economic development or tourism efforts. But he says economic development experts have told him that the current office is too large.

and…

At the same time, Knudson will offer a resolution this session seeking a summer study to consider the idea of whether the state Video Lottery Commission and the South Dakota Commission on Gaming should be combined.

Knudson says that too makes sense.

Read that here.

Er… yeah.  “That too makes sense?” Or not.

Click here for Blake Curd’s FEC Report

Click here for Rep. Herseth Sandlin’s FEC Report
Curd Contributions from Individuals: $170,081
SHS Contributions from Individuals: $59,014

Curd Contributions from PACs: $6,500
SHS Contributions from PACs: $165,410

Hmmm……

As I sit here with Spongebob on the tv, I see Travis Dahle over at Badlands Bleu is breathlessly slobbering over the Munsterman for Governor campaign figures. Except there’s one problem…

stoopid_democrats

As Travis writes, “just wanted to post the numbers that came in (thanks to Cory H. for posting this on the comments).” Well, don’t go thanking Cory Heidelberger just yet.

I thought I read somewhere that Travis did or does some teaching in the Sioux Falls School District. But on this assignment, he gets an “F.” Why? Because as every good teacher instructs, you should check your work.

The report he’s citing…..

lastyear

The last time I looked, 2009 was last year.  And Travis Dahle teaches children?  I sense a dangerous trend in Sioux Falls of backdated documents in that city’s future.  (We already knew that Cory at the Madville times was a lost cause.)

Not even a gold star for effort.

Maybe Travis and Cory need to take a lesson from one of South Dakota’s other blogs on researching, and knowing how to build on material from other sources.

sibby_gree

Er… maybe we can find a better example out there for them.

John Thune is on “Face the Nation” in the AM!

“A Better South Dakota”  One of Stan Adelstein’s more infamous political action committees just filed a report showing a big check to Dave Knudson:

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Read it all here.

But not so fast……    He wasn’t done with just one $10,000 check to Dave Knudson.  There’s another one that Stan funnelled through his “All South Dakota PAC.“   Although, even PAC-a-Stan is a bit of a piker, compared to T. Denny Sanford.

Sanford’s “GPS PAC” is into Knudson for $50,000.

Stay tuned.

Bob Mercer wrote a blurb on his political blog tonight about Mike Mehlhaff Sr, who is taking on current State Auditor Rich Sattgast in a race for State Treasurer.  Mercer points out that this State Treasurer hopeful is casting a wide net for his political donations….. All the way to the east coast:

The interesting thing is that nearly all of it came from outside South Dakota. Ten people contributed amounts ranging from $100 to $250. Six have New York addresses, one is from Massachusetts, one from Connecticut and one Maryland. The in-kind contributions were made by Arthur Marcus of 750 Columbus Avenue in New York, New York, and by Bruce Piatt of 120 N. 96 Street in New York, New York. Mehlhaff also lists $5,374 of debts and obligations incurred in 2009, with all but $500 owed to himself.

Read it here.

For those of you who want to dig a little deeper into it, you can find the report here on the Secretary of State’s website (.pdf file)

Or, in case you’re interested….

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No, I don’t know any of these people from a hole in the ground either. Which prompted me to do a little looking. Here’s what I came up with.

Add to that list Arthur Marcus and Bruce Piatt of New York who apparently hosted an event according to the financial report, via an in-kind donation. (Since all of these people come from NY and the area, I’d assume that’s where it was held.) Marcus and Piatt both serve as high ranking officers in a company called Chaldron Associates.

Who are they? According to their website…

Chaldon Associates LLC was established in 1996 as a business development firm dedicated to marketing investment-related products and services to public funds and theTaft-Hartley market. Collectively, our diverse sales team offers more than 65 years of institutional marketing experience.

Our primary goal is to increase assets under management for our clients and assist trustees in their fiduciary responsibilities by protecting plan assets. We position our clients’ products and services before public officials, administrators, union officers, board members and consultants.

Read that here.

This is the first SD race where I’ve noticed high powered out of state investment firms and their top officers taking a particular interest.  With only one SD Donor (David Omdahl of Sioux Falls), this is certainly an interesting item in a race (at least for the Republican ticket) is to be decided in Huron at the State GOP Convention.  In contrast, his opponent Rich Sattgast, the current State Auditor, raised $100 from former Senate President Pro Tempore Mary McClure Bibby, and another $1000 from other sources. Otherwise, he covered most his expenses out of pocket, except for borrowing a printer from his deputy.

Bob Mercer thought the big out of state money on the Mehlhaff side would wag some tongues.  What do you think?

Does it matter worth a hill of beans? Or is it much ado about nothing?

A little bird tells me that they heard that the Governor just gave an interview supportive of the Iran Divestment bill.

Stay tuned, and we’ll see if it’s truth or fiction.