Author: @SoDakCampaigns

Senate Bill 201, which was designed by House & Senate Republican leadership as a compromise measure on the CO2 pipeline issue which has roiled state politics over the last year, as opponents of ethanol companies taking steps to stay competitive in the current economy have fought their efforts and tried to kill the various pipeline projects.

It’s a strong showing for House Majority Leader Will Mortenson as one of the measure’s chief architects in an attempt to bridge the gap between landowners and pipeline companies.

Now the bill will head back to the Senate for concurrence with the amendments that were done in House Commerce and Energy; which will either trigger the measure going to conference committee, or possibly to the Governor for her action.

Watch for this vote to also serve as a potential flashpoint in the upcoming primary elections, depending where people ended up on the bills, and how strongly ethanol supporters and pipeline opponents get involved and continue to try to keep fires stoked up.

Stay tuned. It still has a ways to go, but this was one of the larger hurdles it had to cross.

Well, that took far longer than it should have.

In Senate committee this morning, the State Affairs committee killed House Bill 1239, a bill that would have made it an actual crime – a class 2 misdemeanor – for an organization or political party to put check marks by their candidate on a postcard, and not include everyone’s name, because someone could mistake the postcard for a giant ballot-sized sheet of paper.   Seriously:

…in a motion to move the bill to the 41st Day, a non-existent legislative day, Sen. Lee Schoenbeck, R-Watertown, said the intent of the bill was to intimidate South Dakotans from going to the voting booth.

“If you ever needed evidence that [Vladimir] Putin has friends in America, it would be when people introduce bills to try and intimidate people who may not approve of them in office,” he said.

and..

Soye assured senators that the bill wouldn’t apply to those kinds of postcards. It applies only “if you’re sending out something that purports to be an official sample ballot.”

Read the entire story here.

And the Senator is completely right. And frankly this silliness should have been killed in the House.  I wasn’t there for the testimony, but if one of the examples used was a GOP card that shows a mockup of a ballot, I was probably the one who designed it.  And nothing said “official sample ballot,” but would have said “sample ballot,” as political parties have done for OVER A CENTURY.

Should using the words “sample ballot” on a postcard printed on cardstock warrant being charged with a crime and going to jail?  OF COURSE NOT.  This bill was really just offensive, and a massive leap of overreaching government authority, as well as an effort on the part of sponsors to squelch speech.

House Bill 1239 was literally the “boo hoo, my name isn’t on that” bill, and should have not gotten out of House committee, much less made it to the Senate.

Instead of taking it to the legislature, proponents could have simply sent their own card that said “darken the little circle for me.” But, they elected not to, and instead demanded that it be made a crime.

Thankfully, the Senate committee were the adults in the room, and killed it unanimously.  As was deserved.

From Facebook:

Hot off the press from the hill:

Senate Republican Leader Mitch McConnell (Ky.) is stepping down from his leadership post in November, ending his history-setting tenure as longest serving Senate party leader.

McConnell, who turned 82 this month, is announcing the decision in a speech on the Senate floor.

Read the story here.

And from Reuters, there is every indication that the current #2 in the US Senate, South Dakota’s Senator John Thune will be running for the top spot.

Senators John Thune the No. 2 Senate Republican, and John Cornyn were expected to vie for the top party job. It was unclear what other senators might jump into the race.

Read that here.

Good for Senator Thune! Looking forward to his steady and well-seasoned service for South Dakota helping the entire Senate.

Gov. Noem Urges U.S. Senate to Enhance Public Safety on Tribal Reservations 

PIERRE, S.D. – Today, Governor Kristi Noem urged the U.S. Senate Committee on Indian Affairs to address public safety on Native American reservations across the United States. She also urged the Committee to bring in high-ranking officials in the Biden Administration to testify on these matters, including Secretary of the Interior Deb Haaland and Attorney General Merrick Garland. You can read her letter to the Committee here.

“I write to you to urge the Committee to take appropriate action to help tribal communities across the country address the breakdown of the rule of law that is occurring in their lands,” wrote Governor Noem in the letter. “The Committee must also urge the Biden Administration to stop shirking its treaty obligations and take necessary actions to keep these people safe.”

In the letter, Governor Noem pointed to emergency declarations that several of South Dakota’s Native American tribes have issued for the breakdown of law and order, drug addiction, and other related challenges.

Governor Noem also highlighted testimony from Oglala Sioux Tribe President Frank Star Comes Out to the U.S. Senate Committee on Indian Affairs, including:

“The State of South Dakota lacks criminal jurisdiction over Indian Country crimes; thus, in reality, the sole provider of law enforcement services to the Oglala Sioux Tribe is the federal government. We believe this federal neglect has resulted in the cartel moving on to our reservation, an increase in overdoses, and a proliferation of guns on our school properties.”

Governor Noem urged Congress and the Biden Administration to take the following actions to address these challenges:

• Support adequate resources to fund tribal law enforcement so that the tribes may take action to protect themselves;
• Invite leaders from tribal communities across the country, including South Dakota’s tribes, to testify in front of your committee about the threats they face and the lack of adequate federal aid in response; and
• Bring Secretary of the Interior Deb Haaland, Attorney General Merrick Garland, Assistant Secretary of the Interior for Indian Affairs Bryan Newland, and Director of the Bureau of Indian Affairs Daryl LaCounte in to testify regarding the Biden Administration’s failure to fulfill its treaty obligation to protect these communities.

“I offer my assistance to help these efforts. The State of South Dakota is committed to building stronger relationships with each of our nine Native American tribes and assisting them to address the challenges that they face. These communities are every bit as American as your homes and mine – they deserve to live in safety so that their people may have the opportunity to pursue the American Dream,” concluded Governor Noem.

###

Gov. Noem Signs Bills into Law 

PIERRE, S.D. – Today, Governor Kristi Noem signed the following nine bills into law:

• SB 11 prohibits a practitioner from referring a patient to a medical cannabis clinic with which the practitioner or an immediate family member has a financial relationship and provides a penalty therefor;
• SB 46 authorizes the disclosure of referral status by Department of Human Services personnel;
• SB 94 amends provisions pertaining to the partners in education tax credit program;
• SB 131 includes shelterbelts as a factor affecting productivity in determining assessed value of agricultural land;
• HB 1007 amends the requirement to employ a county veterans’ service officer;
• HB 1008 modifies the eligibility for admission to the state veterans’ home and repeal the residency requirement;
• HB 1023 provides immunity from liability for certain actions of the State Bar and its agents;
• HB 1091 enacts the Interstate Insurance Product Regulation Compact; and,
• HB 1104 enhances the penalty for accessory to first- or second-degree murder.

A photo of Governor Noem signing HB 1104 with the prime sponsors, Senator Stalzer and Representative Fitzgerald, can be found here.

Governor Noem has signed 97 bills into law this legislative session.

###

SD Ag Alliance Releases Poll Showing Strong Support for Carbon Pipelines with Landowner Protections and Additional Compensation

(Pierre, SD) Earlier this 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 was commissioned by the SD Ag Alliance, a nonprofit organization.  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%.

“The poll is further evidence that a majority of South Dakotans support carbon capture pipelines when protections and additional compensation are put in place for South Dakota landowners,” said Rob Skjonsberg, founding member.

“A super majority of all landowners along the pipeline route already support the project,” said Jason Glodt, founding member. “A majority of Republican voters in the state also support the project so long as the legislature passes landowner protections and provides additional compensation.”

The SD Ag Alliance is supporting a legislative package comprised of three bills (Senate Bill 201 and House Bills 1185 and 1186) that provide protections for landowners, funding for counties and regulatory certainty for businesses.

A memo from the polling firm is attached.

South Dakota Carbon Capture Memo by Pat Powers on Scribd

Just yesterday, Lee Qualm filed paperwork to run for an open seat in his Legislative District after being turned out of office a few years back. But it hasn’t been the only battle he’s found himself being involved in with people who know him all too well.

In June of 2020, after a strong campaign by newcomer Erin Tobin, outgoing House Majority Leader at the time Lee Qualm found himself soundly defeated in the race for State Senate by a 2-1 margin. Counted among Tobin’s supporters was State Senator Lee Schoenbeck, who after the 2020 election was on the fast track to run for the highest office within the Senate; President Pro Tempore.

In 2022, less than 2 years later, Qualm found himself back doing battle with people being supported by Senator Lee Schoenbeck. Except this was in Schoenbeck’s non-legislative role, as one of South Dakota’s leading litigators. And in this instance, attorney Lee Schoenbeck was representing Lee Qualm’s own family as they brought suit against Lee and Trudy Qualm for allegations of converting shares of the corporation owned by Qualm’s parents into their names.

This formed the basis of the lawsuit filed in June of 2022; Lynn Qualm, Doreen Qualm, Joel Qualm vs. Lee Qualm, Trudy Qualm, L. Qualm & Sons, Inc.

Lee Qualm Conversion Lawsuit by Pat Powers on Scribd

The allegations contained in the lawsuit are somewhat shocking, as they claim an alleged scheme by the former leader of House Republicans in the legislature and his spouse to transfer stock into their own names.

The lawsuit alleges that annual corporation board of directors meetings ceased in about 1998. And starting in 2013, were said by the lawsuit to have put in place rules which transferred shares upon the death of minority shareholders.

By the time that the stock transfers came to the attention of Qualm’s family members and the lawsuit was filed, Lee Qualm had already assumed a majority ownership of the holdings through transfers, seemingly without paying.    As noted in the lawsuit, the stocks were transferred “for no consideration,” violating the family members’ due process rights, and was “attempted conversion.”  And demand was made for the former Majority Leader and his wife to restore shares to the estates to Luvern and LaVonne Qualm.

Another familiar name, Jon Hansen, a legislator and former Majority Whip under Qualm’s leadership in the House represented Qualm’s side in the matter. Also brought on to represent Qualm in the lawsuit was an attorney familiar with litigation unlike Hansen; Ron Parsons, a respected former US Attorney for South Dakota.

Lee & Trudy Qualm, of course, denied the allegations of conversion, and responded accordingly to the lawsuit filed by the Qualm family members (which you can read in the lawsuit above).  To which Qualm’s family members further pressed their case in response, noting ..

By now, the intra-family lawsuit had continued on through August of 2022, and notices of deposition had started to be issued as the plaintiffs sought answers to some pointed questions regarding their concern over how Lee Qualm found his way from owning some stock into a position of being the majority owner.

The notices of deposition went from September through November of 2022, and then something interesting happened.

The lawsuit went away and was dismissed by the plaintiffs in February of 2023. And about the same time, there were notices filed with the court regarding the distribution of the parent’s estates.

Now, some of the accounting with the parent’s estate is sealed by the court, and what isn’t sealed may be worthwhile reviewing at a later date. But if we’re to believe the voluntary dismissal by the parties, it appears they’ve resolved their differences. Maybe. I’m not sure this lawsuit is the stuff that makes people want to get together at the holiday table afterwards.

I mean, if you can’t trust your family member who was the majority leader of the House of Representatives, who can you trust?

That might also be a question for voters to ponder in June.

Gov. Noem Signs Bills Blocking Central Bank Digital Currency 

PIERRE, S.D. – Today, Governor Kristi Noem signed two bills that block a Central Bank Digital Currency (CBDC) from being utilized in South Dakota.

“In South Dakota, we will always protect the economic Freedom of our people,” said Governor Noem. “I VETOED last year’s UCC bill because it limited economic Freedom and put South Dakotans at risk. I’m proud that we have been able to work together over the past year to create legislation that prioritizes our people, their security, and their Freedoms.”

Last year, Governor Noem was the first governor in the nation to VETO the Uniform Commercial Code (UCC) bill for two reasons:

• It needlessly limited the economic Freedom to use cryptocurrency; and
• It opened the door to the risk that the federal government could adopt a Central Bank Digital Currency (CBDC).

These two bills satisfy both reasons for Governor Noem’s VETO last year.

HB 1163 amends provisions of the Uniform Commercial Code (UCC), into law. HB 1161 regulates the acceptance of a central bank digital currency to further strengthen the laws protecting South Dakotans from CBDCs.

A photo from the bill signing can be found here.

Governor Noem has signed 88 bills into law this legislative session.

###