SD Ag Alliance: Ill-advised Referendum Is Anti-Landowner and Anti-Agriculture

Ill-advised Referendum Is Anti-Landowner and Anti-Agriculture

(Pierre, SD) A new ill-advised campaign committee was formed this week to launch a campaign to refer SB 201 passed by the legislature and signed by Governor Noem. The referendum is anti-landowner and anti-agriculture.

“Senate Bill 201 is a major victory for landowners, but if a referendum is successful the landowners will ultimately lose and Summit Carbon will still win because pipelines already preempt county ordinances,” said Jason Glodt, founding member of the SD Ag Alliance, “The bottom line is that a referendum can only kill the Landowner Bill of rights, it can’t stop federal preemption over county ordinances.”

“A referendum of SB 201 makes no sense because it would only hurt landowners by killing the Landowner Bill of Rights,” said Rob Skjonsberg, founding Member of the SD Ag Alliance. “If the referendum is successful Summit will just sue in federal court and win and landowners will get nothing.”

The large majority of landowners across South Dakota support the carbon capture pipeline project. Nearly 75% of the landowners on the proposed route have already signed voluntary easements and polling shows strong support across the state with Republican voters.

Last month, the South Dakota Ag Alliance released poll results showing a majority (55%) of Republican primary voters support carbon capture pipelines when landowners are given further protections and additional compensation.

When asked the question, “Would you support carbon capture pipelines in South Dakota, if the legislature provided for more protections and additional compensation for South Dakota landowners?”, Fifty-five percent of Republicans said yes. Twenty-two percent said no and twenty-three percent were undecided.

The poll was conducted by Co/efficient, a national research and analytics company that has done work in all 50 states. The poll included 1,017 likely Republican Primary voters.  It was conducted on January 30th and January 31st, 2024, using mobile text message responses and landline phone interviews. It has a margin of error of +/- 3.06%.  A poll memorandum is attached.

Senate Bill 201 passed the Senate 24-10 and the House 39-31. The legislation includes the most significant sections in Landowner Bill of Rights with extensive protections for landowners and millions of dollars of reoccurring payments for both landowners and counties. The package does not change local control over zoning.

 

Landowner Bill of Rights

  1. Compensation for Landowners: Requires carbon capture pipelines to pay landowners $500 to access their land for surveying (HB 1185) and at least .50 cents per linear foot of pipeline through their property in the form of property tax relief (SB 201)
  2. Compensation for Counties: Allows counties to collect $1.00 per linear foot of pipeline that runs through their county. At least 50% of the surcharge must be used for property tax relief for landowners on the route. The remaining revenue can be spent by counties at their discretion. (SB 201)
  3. Indemnity for Landowners: Requires pipeline companies to indemnify landowners for liability. (SB 201)
  4. Minimum Burial Depth: Requires pipeline to be buried at least 4 ft deep, exceeding federal regulations of 3 ft (SB 201)
  5. Disclosure of Dispersion Models: Requires carbon pipeline companies to make dispersion modeling public. (SB 201)
  6. Lifetime Drain Tile Repairs: Requires pipeline companies to repair any damage to drain tile (SB 201)
  7. Impact Mitigation: Requires pipeline companies to file an impact mitigation plan. (SB 201)
  8. Leak Liability: Makes carbon pipeline companies liable to the landowner for any damage caused by leaks.  (SB 201)
  9. Land Surveyors Must be from SD: Requires land surveyors be South Dakota residents. (SB 201)
  10. Easements Terminate if Not Used in 5 years: Easements for pipelines terminate if pipeline does not receive PUC permit in 5 years and terminates after 5 years of non-use. (HB 1186)
  11. Bans Perpetual Easements: Limits easements to a maximum of 99 years (SB 201)
  12. Information Disclosure: Requires carbon pipeline companies to report linear footage of pipes in counties and disclose if they claim a tax credit. (SB 201) Landowner will also receive results of survey and examination and contact information for person in charge of inspection. (HB 1185)
  13. Mortgage Limitations: Protects landowners by restricting mortgages held by an easement holder so the mortgage only attaches to the easement holders rights and not to the land or obligate the property owner. (HB 1186)
  14. Easements Must Be Written: Requires companies to put easements in writing. (HB 1186)
  15. Survey and Access Limits:  Landowners reserve right to challenge the right to survey in circuit court. Landowners must be given 30 days written notice and include details about date, time, duration, location and contact information. (HB 1185)

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South Dakota Carbon Capture Memo by Pat Powers on Scribd

Group forms to oppose SB 201, the Landowner Bill of Rights. Make sure you decline to sign!

A new group has formed to oppose Senate Bill 201, the landowner bill of rights, passed by the South Dakota State Legislature and signed by Governor Kristi Noem recently:

South Dakota Property Rights and Local Control Alliance, which calls itself “an alliance of local citizens, property owners, and leaders at the county, township, and state levels,” announced its formation Friday.

The newly-formed group is opposed to South Dakota Senate Bill 201, a bill that allows counties to impose a $1 per linear foot annual surcharge on pipelines and establishes a “Landowner Bill of Rights.”

Read the entire story here.

This group wants to repeal the surcharge on pipelines, and the newly passed Landowner Bill of Rights by blocking the implementation of the measure and having people sign petitions to put it to a vote?

I guess there’s only one thing to say to that:

Cole Heisey enters race for Minnehaha County Commission

Two-time Sioux Falls area legislative candidate Cole Heisey is apparently switching gears in pursuit of public office, and instead of running for the State Legislature, Cole has decided he’s going to run for Minnehaha County Commission instead. Heisey, a former Neal Tapio for US House campaign worker, will be running for the at-large County Commission seat against Commission Chair Dean Karsky and Commissioner Jean Bender have terms ending in 2024.

Heisey’s record of a candidate is a bit rough. After his loss for House in the District 15 general election in 2020, placing 3th out of 4, Heisey was in District 12, where he fared even more poorly, placing 4th out of 5 in the District 12 Republican Primary.

Now, he’s running on a larger stage. Even larger than the one he shared with the state chapter of the Proud Boys in January of 2021:

Stay tuned.

Yankton County Commission Chair Marquardt Seeks District 18 House Seat

 

Marquardt Seeks District 18 House Seat

YANKTON–Yankton County Commission Chairman John Marquardt announced today he is running for Legislature to represent District 18 in the State House of Representatives.

“When I first ran for county commission, I promised to work tirelessly for the citizens of Yankton County, and that is my commitment to our region as the district’s next House member,” said Marquardt. “I’m excited to bring my experience on the commission, family farm, and family business to the House. In Pierre, I’m going to fight for District 18, especially low taxes, public safety, education, and agriculture.”

As a member of the Yankton County Commission, Commissioner Marquardt has advocated for law enforcement, transparency, fiscal responsibility, and economic opportunities for all. In the Legislature, he will lean on his conservative principles to advocate for the Yankton area at the state level.

Born and raised on a family rural farm with his 11 siblings, John learned at a young age about hard work and customer service–honesty, kindness, and fairness–at a small country general store. John works at his family business–Marquardt Transportation. As head of special projects, he helps oversee maintenance, dispatch, hiring, safety, and logistics. John is the former president of St. John’s Lutheran Church of Yankton, former general manager at Upper Midwest Grain Elevators, and is the current Southeastern Area USA Softball Umpire in Chief.

Marquardt’s call to public service is tied to keeping South Dakota a wonderful place for his family and his neighbors. John and his wife, Gale, have three adult children and one granddaughter.

“I believe we can continue as a close, deeply rooted community that we value generation after generation without the sacrifice of forwarding progress,” said Marquardt. “We will make our community strong together. It’s for us to own, it’s for us to preserve.”

The Republican primary election is Tuesday, June 4, and the general election is Tuesday, Nov. 5, 2024. District 18 covers Yankton County and portions of western Clay County.

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Minnehaha County Republican Party rebranding themselves as McGOP.

The Minnehaha County Republican Party arose from their slumber long enough in the past few days to roll out announcements for a couple events, as they promote health freedom and homeschooling events on their website. But more interesting is their event calendar where they seem to be rebranding themselves with McGOP as a shorthand among the events promoting discussions over Convention of States and promoting Tonchi Weaver.

So, they’re having McGOP events and McGOP luncheons?  Looking at the events, you can’t help but notice that one thing they aren’t really promoting are actual Republican officeholders or candidates, opting instead for programs that don’t appeal to a broad base, but are all pet causes for the hard, hard right.

How how do you expand the base when you go to your next door neighbor, out watching kids in the yard, and say “Howdy Republican neighbor, would you like to hear more about the convention of states?”  You don’t.  Up here in my county, our Republican group is hearing from our legislators about session on Saturday, and our Public Utilities Commissioner Kristie Fiegen is speaking to the group on Monday at a local eatery. Which group might stand a chance of getting people in who might be more casual voters?

Pushing harder to the right to expand the fringe.  The new McGOP? I’m not lovin’ it.

 

At 84 years old, Manny Steele files for District 12 House. Despite looking kind of rusty.

Here’s a candidate filing I didn’t think I would see. And actually, I’m kind of shocked.

Filing this afternoon as a candidate for State Representative in District 12 is Manny Steele.  Manny Steele, previously served in the State House, representing Sioux Falls from 2007-2014, and then a single term starting in 2019.   And, I hate to bring it up, but he might literally be one of the oldest candidates that I’ve seen at 84 years old.

The only one who was older that I can immediately think of was Dorothy Kellogg, who ran as a placeholder for Watertown Democrats in 2012 at the age of 94 from the assisted living center, but didn’t get her withdrawal paperwork in on time.

Not saying he’s of advanced age, but Manny was born before polio vaccine, polyester suits and President Joe Biden (b.1942, at 81 years old).   If people think Biden is too old to be President, and that’s one of the arguments that might be coming from our side of the aisle, 84 might be kind of a tough sell.

If elections are about our future, maybe an argument can be made that Manny is a person with a vision of South Dakota 20 years from now? Maybe.  Steele is slated to be in a District 12 House Republican Primary against State Representatives Amber Arlint and Greg Jamison (Jamison has not filed petitions as of just yet).

But given that in his last term of office, he brought 1 bill.. and it was about establishing “certain requirements regarding funeral processions..” he’s going to have to come up with a better argument than his last stint in office resulting in declaring a right of way for vehicles escorting dead people.

Johnson Votes YES, Calling on TikTok to Divest From the Chinese Communist Party

Johnson Votes YES, Calling on TikTok to Divest From the Chinese Communist Party

Washington, D.C. – U.S. Representative Dusty Johnson (R-S.D.) voted to pass legislation requiring TikTok to divest from ByteDance, which answers to the Chinese Communist Party (CCP), or risk losing access to American markets. The Protecting Americans from Foreign Adversary Controlled Applications Act would remove CCP-backed ByteDance apps, including TikTok, from American app stores and web hosting services unless the application severs ties to entities like ByteDance that are subject to control of a foreign adversary.

“TikTok has an important decision to make: remain beholden to the Chinese Communist Party, or retain their user base in America,” said Johnson. “The decision should be simple, yet TikTok’s pushback to the bill gives credence to the thought the platform cares more about the influence of the CCP than operating a safe app in the U.S. I hope the Senate considers the bill soon. In the meantime, millions of Americans will continue to be influenced by the destructive goals of the Chinese Communist Party.”

Johnson recently co-sponsored the Protecting Americans from Foreign Adversary Controlled Applications Act. Johnson has long been a critic of TikTok and ByteDance. In 2022, he introduced the Block the Tok Act to remove TikTok from federal government devices. Later that year, he voted to ban it on federal government devices.

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Rounds Holds Congressional Charter Signing Ceremony for National American Indian Veterans

Rounds Holds Congressional Charter Signing Ceremony for National American Indian Veterans

WASHINGTON – U.S. Senator Mike Rounds (R-S.D.), a member of the Senate Committees on Indian Affairs and Veterans’ Affairs, today held a ceremony in Washington, D.C. to commemorate the granting of a congressional charter to the National American Indian Veterans (NAIV).

Rounds first introduced this legislation in 2020 during the 116th Congress and again in the 117th and 118th Congress with Senator Ben Ray Luján (D-N.M.). This legislation was co-sponsored by 40 bipartisan senators. The NAIV Congressional Charter was signed into law in December last year as part of the National Defense Authorization Act.

“The NAIV was originally established as a result of a request by Senators Akaka, Inouye and Nighthorse Campbell during a Senate Veterans’ Affairs Committee hearing in 2004,” said Rounds in his remarks at today’s event. “At that time, no Native American veterans organization had ever received a congressional charter. I am proud to say that 20 years later, your hard work has paid off and the charter is a reality.”

The ceremony also included keynote remarks from Senator Luján and Veterans’ Affairs Secretary Denis McDonough; a Presentation of Colors and Ceremony Drum Group by Kiowa Black Leggings Warrior Society, Kiowa Women Warriors, Kiowa, Comanche and Apache (KCA) Veterans Organization, Kiowa-Comanche-Apache Drum Society; and a presentation of NAIV Charter documents to NAIV National Commander Don Loudner. Don is a Korean War Era veteran and a member of the Hunkpati Sioux Tribe based in South Dakota.

Also in attendance were Senators John Thune (R-S.D.) and Amy Klobuchar (D-Minn.), Deputy Assistant Secretary of the Army Jaime Pinkham, Army Major General Patrick Gaydon, Coalition of Large Tribes (C.O.L.T), C.O.L.T Chairman Marvin Weatherwax, Great Plains Tribal Chairmen’s Association and others.

Download a video of the ceremony for television use HERE. Download photos from the event HERE. Please credit photos with ‘Official U.S. Senate photo by Ryan Donnell’ when publishing.

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Freedom Caucus director fronting for “Students for Life Action,” demanding answers to abortion survey.

Interesting e-mail that went out to Legislative candidates last night from Jordan Mason, who seems to apparently be trying to figure out exactly how many sketchy groups he can make money off of.

Mason has been involved with the South Dakota Freedumb Caucus, but the page noting that in the State Freedom Caucus network seems to have been taken down, so I can’t say for any certainty if that association remains. And now Jordan has popped up as the “Legislative Affairs & Elections Manager” for “Students for Life Action,” which blasted out this e-mail last night with his name and contact information on it.

One candidate wondered to me “why the hell is Jordan Mason the one sending this out?”  And while the e-mail says “We have new opportunities to protect life,” another person with actual ties to the pro-life movement in the state noted that they assume he’s sending it out because he’s making money, and noting that their “elections manager” has never done anything to support the pro-life cause in South Dakota.

Tip for Candidates: The only survey regarding abortion that Republican candidates should consider, if they are so inclined, is the one that comes from SD Right to Life. I’ve had GOP legislators counsel new candidates that the only two surveys they should consider bothering with are the NRA Survey, and the one from SDRTL. Anything else is going to come back on them and/or provide information they can use in opposition research.

Considering the source, this appears to be the latter; a survey from which someone will mine information to use in primaries against candidates. I suspect it’s a case that anything you say can and will be used against you. And anything you don’t say will also be used against you.

Darned if you do, and darned if you don’t. Best advice from me for candidates on this survey is to spike it, and spike it hard. Because if no one is talking to this group, it takes the wind out of their sails for being taken seriously when the attack cards come.

Here’s your reminder that petitions need to be sent REGISTERED MAIL. Don’t ever send petitions certified mail.

I notice we’re getting down to less than 2 weeks before the deadline, so I’m rehashing one of those posts that I do every election, because invariably, SOMEONE SCREWS THIS UP.

In 35 years of helping candidates run for office, someone will be a cautionary tale because they make the fatal mistake of listening to a teenage clerk of some after-hours postal desk at a supermarket. Or worse yet, they assume a clerk at a real post office knows South Dakota election law. They don’t.  And when asked, almost all of these tell people that certified mail is the best way to verify that it was delivered. 

Do not listen to these people. The best way is the way prescribed in state law. SEND PETITIONS REGISTERED MAIL ONLY.

It’s not just newby candidates that do this. This is a trap that has foiled seasoned veterans. And then they have to run as an independent, which is embarrassing. It has happened before. It will happen again.

If you can’t drive yourself to Pierre and show up at the Secretary of State’s office before Tuesday March 26th at 5pm, we’re approaching the point.. and I’m guessing it’s in about a week or so … where if you mail your election petitions into the Secretary of State (Secretary of State, Attn: Elections, 500 E. Capitol, Pierre, SD 57501), they might not show up by the deadline on Tuesday March 26th.  No matter what any clerk at a postal desk tries to talk you into, there’s only ONE proper way to mail those petitions into the Secretary of State’s office, and I can’t admonish candidates strongly enough, hence the caps and bold type.

Send those petitions in via REGISTERED mail, not certified.

There’s a good reason for it. It’s the law.  If they show up after the deadline, that’s the only way they will take them.  As I have noted every election over nearly a decade, under South Dakota Election law, it expressly notes “Registered mail,” and that does not include certified mail. And more specifically:

12-6-4.  Except as provided by § 12-5-4 and as may be otherwise provided in chapter 12-9, no candidate for any office to be filled, or nomination to be made, at either or both the primary or general election, other than a presidential election, may have that person’s name printed upon the official primary election ballot of that person’s party, unless a petition has been filed on that person’s behalf after December thirty-first and by the last Tuesday of March at five p.m. local time before the date of the primary election. If the petition is mailed by registered mail by the last Tuesday of March at five p.m. local time before the primary election, the petition shall be considered timely submitted. A nominating petition for national convention delegates and alternates as provided in § 12-5-3.11 shall be filed in accordance with the provisions of this section. Nominating petitions for all party and public offices except legislative and judicial offices shall be filed in the office of the county auditor of the county in which the person is a candidate. Nominating petitions for legislative and judicial office whether elected in one or more counties, and all other party and public offices to be voted on in more than one county shall be filed in the Office of the Secretary of State.

Read the law for yourself here.

REGISTERED MAIL. Period.

For those who are asking “why registered mail?” there is a very specific reason.

Registered mail has a clear chain of custody that is recorded by the post office before being sent and at each point along its route to safeguard against loss, theft, or damage. It is very specifically time-stamped as well.  Chain of custody and time stamp was important to those who wrote the law, and well. The law is the law.  If you have trouble with following the law, it’s not a good reflection on your path as a lawmaker.

Every year there are people who let themselves get talked into sending it certified by someone who doesn’t know South Dakota Election Law.. and they find themselves out of luck. Don’t be this year’s cautionary tale.

Petitions are like a lot of things – they are best done early. Because if you do them early and screw them up, you have an opportunity to go back and fix them.  It’s hard to do when you’re running it down to the wire.

And even harder if you mail them the wrong way.