Proposed Vehicular Homicide Bill Fails to Reach Senate and House Resolution

PIERRE, S.D.- Attorney General Marty Jackley confirms that a Legislative Conference Committee made up of Senate and House members was unable to reach a resolution on various amendments to vehicular homicide under SB 44. SB 44 was designed to strengthen the penalties for vehicular homicide cases in South Dakota and aimed to include vehicular homicide as a “crime of violence” for purposes of parole. Both the Senate version that passed 28-6 and the House version that passed 58-8 were acceptable to and supported by the Attorney General.

“As Attorney General, I see the terrible pain and suffering that families face when a loved one is lost in a vehicular homicide. Taking a life while driving impaired should carry with it a more significant and deterrent value than a 4.5 year actual sentence to better protect the public. Although disappointed, this issue is far too important and I will continue working with law enforcement, legislators, the Governor and victim families to find an acceptable way to both better protect the public and to hold those accountable for their actions that cause such hurt,” said Jackley.

The decision to bring this bill was based in part on a tragic vehicular homicide case in Charles Mix County. On July 8, 2013, Ronald Fisher, drove recklessly, impaired, and at high rates of speed through a Pickstown parking lot killing 25 year old Maegen Spindler and 46 year old Dr. Robert Klumb. Fisher was tried and convicted for two counts of vehicular homicide for his two victims. Because vehicular homicide is a Class 3 felony, the Judge was only able to provide a maximum allowable sentence of 15 years for each victim. Furthermore, because vehicular homicide is not statutorily defined as a “crime of violence,” Mr. Fisher may well only serve approximately nine total years for the deaths of his two victims. Vehicular homicide convictions over the past five years in South Dakota include: 4 in 2015, 4 in 2014, 8 in 2013, 4 in 2012 and 5 in 2011.

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A reader sent me a note that it appears one of the serial trolls that tries to haunt the blogosphere got booted from yet another web site.

Larry Kurtz, who has long been banned from the SDWC and other web sites for his profanity, misogyny, bigotry and other hate speech apparently managed to pick up another boot from a web site this week, as at the same time he mysteriously disappeared from the ultra-liberal Dakota Free Press, he started leaving love letters to it’s author on twitter:

UPDATE – Yes, he has been blocked.

Kurtz is long known for the hate speech & invective he has been banned from posting here. But, he has traditionally been allowed free reign to post at websites belonging to Cory Heidelberger.

With Heidelberger recently announcing as a candidate for State Senate, it has been noticed that he’s locked down his personal facebook account, rendering it inaccessible to those who aren’t already friends. With this new step of booting someone glorifying drug use, and promoting such gems as plastic making people gay and that cops are all drunken wife abusers, Heidelberger might be trying to lock down potential venues of opposition research and clean up his web presence to remove the darker side of the Internet that he had previously allowed to flourish.

It’s probably a smart move on his part given that Heidelberger is given little chance at defeating long-time state legislator Al Novstrup who he is challenging for the District 3 Senate Seat.

There’s no need for unforced errors caused by others. No matter how much money they’ve given Cory in the past.

The family of Maegan Spindler, who was killed in a Drunken Driving accident in 2013 had been strong backers of Senate Bill 44, a bill offered by the Attorney General to reclassify Vehicular Homicide as “a crime of violence.”

The Spindlers are providing notice this morning that they’re not happy at all that the measure has been killed in conference committee, and offer the following statement on the bill’s demise, which directly states that they’re done with this process, and plan on taking it straight to the people:

We received an email from Charles McGuigan, Chief Deputy Attorney General that SB 44, the Attorney General’s bill to reclassify Vehicular Homicide as “a crime of violence” has been killed in a legislative Conference Committee.

Our family’s statement is as follows:

We are the parents of Maegan Spindler, an innocent victim DUI killer Ronald Ray Fischer, Jr.   Many people know of the circumstances of Maegan’s and Dr. Robert Klumb’s deaths on July 8, 2013 in Pickstown at the hands of Fischer.  He drove drunk, steering into a parking lot at highway speed.  We still wonder if Fischer saw his victims, as an eyewitness driving behind him did.  Maegan actually survived a short while after being thrown 120’.  There were no viewable remains; no last look at our beautiful daughter.  Rob was killed “instantly”.  It was a horrifically violent crime.

Fischer was a first-time arrestee for DUI with BAC of 0.232 and tested positive for marijuana.  A chronic alcoholic at age 28, he failed inpatient rehab twice.  He was acquitted of 2 counts of First Degree Manslaughter by a sympathetic Judge in a bench trial.  Instead, Fischer was convicted of 2 counts of Vehicular Homicide.  He was sentenced to 2 consecutive 15 year sentences.  Because Vehicular Homicide is not “a crime of violence” under South Dakota law, Fischer will likely serve only 30% of his sentence because of “presumed parole”.  He will serve 4 and a half years for killing our daughter.  He will be out of prison in a bit over 6 years for the two deaths.

We are mystified about the reasons why SB 44 failed.  The Attorney General and the State’s Attorneys Association negotiated with the Governor’s office for 4 long months to craft a compromise version of SB 44 which included a new Aggravated Vehicular Homicide crime for these most egregious cases.  It was passed by the Senate on February 22 by a 28-6 margin.

The House Judiciary Committee, however, did not like the amended SB 44 and reverted to the original proposal to reclassify Vehicular Homicide as “a crime of violence”.  Because the Senate and House bills differed it was referred to the Conference Committees.

It is worth noting that in House Judiciary testimony, the Governor’s General Counsel Jim Seward, stated that the governor does not believe that Vehicular Homicide is “a crime of violence”.   He said the governor believes if that such crimes fail to have criminal intent (the legal concept of Mens Rea).

Our family believes that as soon as a drunk gets in a car with the intent to drive, criminal intent clearly is formed.  Everybody knows DUI is against the law, including the governor and his general counsel.  How can the public ever expect any meaningful DUI reform when Governor Daugaard, the chief public safety officer of the state, apparently believes that a drunk driver that kills people simply had bad luck and had no criminal intent for driving drunk?

What about justice for the victims?  The average time served for Vehicular Homicide, as reported by the Legislative Research Council is 3.36 years.  The question is what sort of message does South Dakota wish to send for the most extreme DUI crimes?

The message the governor and legislature have sent by their inaction is that a life taken by a drunk driver is worth only 3.36 years of incarceration.  They believe that innocent life is cheap.

The only way meaningful DUI reform can happen in South Dakota  is through a ballot initiative.  We intend to work with South Dakotans to pursue this goal.

Gregg & Susan Spindler

What are your thoughts?

I’m hearing tonight that the race for the District 28 Senate Seat is a little more crowded this evening.

I’m told Belle Fourche City Councilman Steven Ritch is throwing his name in the ring for the seat being vacated by Betty Olson, which up to today had former State Senator Ryan Maher as the sole competitor for the seat.

Ritch describes himself on Twitter as a “Common sense Conservative with an unquestionable set of morals undeniable loyalty and unintimidated.”  Ritch was also tweeting recently that “Governor Dougaard is quickly becoming an enemy to SD conservatives as he pushes his heavily moderate agenda.”

(I wonder if he’s going to tell us what he really thinks?)

Here’s a couple of pins I’m coming across for the first time, during a lunch-time search today at a local antique shop:

Larry Shumaker for Senate ’80 was a primary opponent for George McGovern in his last election for US Senate. He only managed about 38% in the primary, but it set the stage for McGovern’s defeat in the fall to Jim Abdnor.

The other pin, which is not aging well, is from Kurt Evan’s loss in 1996 running as an Independent in the congressional race to John Thune. This is not to be confused with his loss in 2002 for US Senate, or subsequent losses and withdrawals in other races.  Evans received 2.1% of the vote.

I see that the SDDP has tapped former Democrat Legislator Quinten Burg to challenge Joshua Klumb for the open Senate Seat being vacated by Mike Vehle due to term limits.

Off and on, Burg spent about 10 years in the legislature between 1999 through 2010 out of Wessington Springs.

Things could get interesting. That is, if voters in 20 can be convinced to pick a Democrat residing somewhere near the edge of their district, as opposed to Davison County.

Gov. Daugaard Announces Closure Of STAR Academy

PIERRE, S.D. – Gov. Dennis Daugaard announced today the state will close STAR Academy, the state-run juvenile corrections facility near Custer, on April 8, 2016.

“Over the last ten years, the average daily population of juveniles under DOC jurisdiction has been cut in half. The juvenile justice reforms passed by the Legislature last year are expected to further reduce the number of juvenile commitments,” said Gov. Dennis Daugaard. “I thank the staff at STAR Academy for the service they have given to our state. They have done their jobs selflessly by placing the needs of the youth ahead of their own.”

Since Fiscal Year 2007, the average daily population of youth in the STAR Academy programs has declined from 166 to 51.

There are currently five juveniles in the Brady Academy, Youth Challenge Center and QUEST programs at STAR (State Treatment and Rehabilitation) Academy. The Department of Corrections anticipates only three juveniles will remain in the programs by the closing date. Those juveniles will return to their communities or transfer to another placement.

Under the Juvenile Justice Public Safety Improvement Act, $6 million has been allocated to juvenile community-based programs throughout the state. The programs allow juvenile offenders to stay within their communities and address substance abuse, antisocial tendencies and family challenges.

The 64 employees working at STAR Academy were notified today of the decision to close the programs and provided with layoff notices. A one-time payment incentive plan equal to the staff member’s last two months of employment has been approved for staff members willing to stay on until their last day.

Impacted employees have been provided summary information of benefits and rights, including health, life and unemployment insurance, and conditions for reemployment preference. Reemployment preference guarantees the employee an interview for each career service position for which they apply for one year.

STAR Academy staff members were briefed last November on planned budget reductions at STAR Academy for Fiscal Year 2017. Informal layoff notifications were also given at that time.

Some STAR Academy staff members and facility maintenance staff will remain until June 8 to complete administrative and security tasks to close the campus.

“I thank the staff of STAR Academy for their dedicated service to the youth of the state of South Dakota over the years,” said Corrections Secretary Denny Kaemingk. “Although this is a difficult time, we celebrate their success in building STAR Academy into a nationally recognized facility.”

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Coming the day after State Senator Bill Van Gerpen announced that he is not going to be a candidate this next election, I had a call this morning from a candidate confirming a rumor I’d heard some time ago – that yes, this former candidate for US Senate from this past election is going to be a candidate for the South Dakota State Legislature.

No. Not that one.  The other one who didn’t go all ‘Donald Trump’ on his opponents, and placed second in the race, only behind now Senator Mike Rounds.

Former US Senate hopeful, and former South Dakota State Legislator Larry Rhoden yesterday turned in his petitions in to run for the open seat in District 29 being vacated by Speaker of the House Dean Wink who has been termed out of office.

I spoke with Larry this morning, and while he enjoyed his time away, the West River Rancher noted that he missed the opportunity to represent the point of view of the people in the area on the big issues such as raising taxes and education.

In the past, Larry has served as Assistant Majority Leader and held the office of Majority Leader in the House for four years, as well as two stints as Majority Whip in the Senate when he was there from 2009-2014.  With the current Majority Leader in the House termed out office, I would not be surprised if Rhoden becomes a member of the GOP Leadership team, given his past experiences.

His return is also remarkable, as it provides Rhoden a higher profile for future statewide elections down the line, such as serving as a Lt. Gov choice in 2018, or running for an office in his own right, such as a potential Congressional vacancy, or Constitutional office.

More candidates to come. Stay tuned!

Thune, Schumer Reintroduce Bill to Block IRS From Taxing Olympic Medals
Legislation Would Allow Olympic and Paralympic Athletes to Keep What They’ve Earned

WASHINGTON — U.S. Sens. John Thune (R-S.D.) and Chuck Schumer (D-N.Y.) today reintroduced legislation that would exempt Team USA medalists from being taxed by the Internal Revenue Service on medals or other prizes awarded to them during the Olympic and Paralympic Games.

“We should extend a warm welcome and congratulations – not a tax bill – to our Olympic and Paralympic champions when they return to the United States,” said Thune. “These Olympians, who often become role models for younger athletes across the country, dedicate years of their life and own money representing the United States on the world stage. The least we can do in return for these athletes’ commitment and patriotism is to allow them to keep what they’ve earned during the Olympic Games.”

“Our Olympian and Paralympic medalists should be worried about breaking world records, not breaking the bank, when they earn a medal,” said Schumer. “After a successful and hard fought victory, it’s just not right for the United States to welcome these athletes home with a victory tax. I’m hopeful that this bill will earn strong bipartisan support and quickly become law.”

Beginning with the upcoming 2016 Olympic Games in Rio de Janeiro, Brazil, the United States Appreciation for Olympians and Paralympians (USA Olympians and Paralympians) Act would exempt the value of medals won from the athlete’s taxable income, as well as prizes awarded through the United States Olympic Committee (USOC), which pays monetary awards to U.S. medal-winning athletes at the Olympic and Paralympic Games. If enacted, the bill would have a negligible effect on federal revenue and would not affect taxes on any potential endorsement or sponsorship income earned by Olympic athletes.

The Senate Committee on Commerce, Science, and Transportation, of which Thune serves as chairman, oversees the USOC and other sports organizations. Thune and Schumer are both members of the Senate Finance Committee, which has jurisdiction over tax and revenue measures.

The USA Olympians and Paralympians Act, which was first introduced in the 113^th Congress, is cosponsored by U.S. Sens. Cory Gardner (R-Colo.), Kirsten Gillibrand (D-N.Y.), and Johnny Isakson (R-Ga.).

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Rounds Introduces Veterans Equal Cost for Care Act of 2016

WASHINGTON— U.S. Sen. Mike Rounds (R-S.D.), a member of the Senate Veterans’ Affairs Committee, today introduced the Veterans Equal Cost for Care Act of 2016 to improve care for veterans who receive health care under the Choice Act program. This legislation would amend the Choice Act by eliminating the “secondary payer clause” to make certain veterans do not pay more for private care under the Choice Act than they would if they were seen at a U.S. Department of Veterans Affairs (VA) facility.

“Because we are a large, rural state, South Dakota veterans are disproportionately forced to use the Choice Act program to receive care at a non-VA facility,” said Rounds. “The intent of the Choice Act, which is to provide relief to those facing long appointment wait times and those who live far from VA facilities, is undermined because of higher out-of-pocket costs and reimbursement issues. In fact, problems with the Choice Act is the number one issue my constituent services representatives handle on a day-to-day basis.

“The Veterans Equal Cost for Care Act would make certain veterans do not pay more for private care under the Choice Act program than they would if they were seen at a VA facility. If the VA doesn’t have the capacity to serve the veterans it is intended to serve, it is only right that it picks up the bill for outsourcing its duties. It is a step in the right direction toward addressing the many problems within the VA to make certain our veterans receive the best care possible.”

In response to long wait times at VA facilities, the 113th Congress passed the Veterans Access, Choice, and Accountability Act (Choice Act) in 2014. The Choice Act authorizes veterans who live more than 40 miles from a VA facility or are forced to wait more than 30 days for an appointment the opportunity to receive care at non-VA facilities. However, the Choice Act also includes a “secondary payer clause” for veterans who have private health insurance that forces these veterans to pay more out-of-pocket than they would for the same care at a VA facility. Rounds’ legislation repeals the “secondary payer clause.”

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