“Thune said the Iran deal is the number one issue that concerns him for the upcoming year.
“You got leaders who are chanting death to America. Normally when somebody tells you they are going to kill you, it’s probably a good idea to believe them,” he said.”
Noem Urges Administration to Prioritize Sanford Lab Research
WASHINGTON D.C. – In a letter to Energy Secretary Ernest Moniz, Office of Management and Budget Director Shaun Donovan, and Office of Science and Technology Policy Director John Holdren, Rep. Noem urged the administration to prioritize the Department of Energy’s Long Baseline Neutrino Facility (LBNF) – a research project planned at the Sanford Underground Research Facility in Lead, South Dakota, along with other facilities across the country.
“The neutrino research to be conducted in South Dakota could lead to faster global communications, better nuclear weapons detection technologies, and a new understanding of how the world around us works,” said Noem. “To accomplish any of this, however, the administration must see the Long Baseline Neutrino Facility experiment as imperative to our national interests and make the research a priority, as they have done in the past. This is the future of scientific research.”
The Long Baseline Neutrino Facility experiment focuses on the study of neutrinos – one of the least understood particles in the universe. It seeks to uncover their structure and behavior in the hopes of developing new technological advances as well as educating and training students. To study the properties of neutrinos, the Fermi National Accelerator Laboratory in Illinois would produce an intense beam of neutrinos, which would travel 800 miles across the United States to the deep underground lab at the Sanford Underground Research Facility in South Dakota.
Earlier this year, the Particle Physics Project Prioritization Panel (P5) outlined the 10-year strategic plan for high-energy physics experiments in the U.S. The report specifically recommends research into dark matter and neutrinos, both fields of study the Sanford Lab is recognized for.
The Sanford Underground Research Facility employs 125 individuals full-time at its facility in Lead.
To read a copy of the letter, please click here.
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Melissa Mentele’s pro-medical pot organization “New Approach South Dakota” is apparently out there in the field collecting signatures. And if you were quick enough the other day, you could get a free drink if you went down to the Longbranch in Pierre & signed their petition:
“Our volunteer is offering a free beverage to whoever comes down to sign!” Yeah… the only problem with that is state law:
12-26-15. Bribery of voter as misdemeanor–Acts constituting bribery. It is a Class 2 misdemeanor for any person, directly or indirectly, by the person or through any other person:
(6) To pay, lend, contribute, or offer or promise to pay, lend, or contribute, any money or other valuable consideration, to or for any voter or to or for any other person, to sign any nominating, referendum, initiated measure, or initiated constitutional amendment petition;
(7) To give, offer, or promise any office, place, or employment, or to promise to procure or endeavor to procure any office, place, or employment to or for any voter, or to or for any other person in order to sign any nominating, referendum, initiated measure, or initiated constitutional amendment petition; or
(8) To make any gift, loan, or promise, offer, procurement, or agreement as aforesaid to, for, or with any person in order to sign any nominating, referendum, initiated measure, or initiated constitutional amendment petition.
Maybe it’s just me, but I’m thinking that saying “free beverage to whoever comes down to sign” might strongly be considered an offer to exchange a signature for a drink.
(Update – as you might have guessed, the post is gone from their facebook page. But luckily, we have it saved and displayed for posterity. – PP)
From my mailbox comes a press release from Lisa Furlong on the reason behind their measure as reviewed by the Attorney General today:
South Dakotans for Fair Lending Press Release on Attorney General Explanation
People have a right to be treated fairly. By supporting this constitutional amendment, we will bring fairness to the lending process, while protecting the people of South Dakota’s rights as consumers.
Our measure places a strict 18% cap on interest rates, far more stringent than that of other measures being proposed. Additionally, our measure takes the extra step of amending the South Dakota constitution, which will ensure that the cap placed on interest rates is not later removed or weakened. Other measures being circulated simply make changes to statutes, which can be easily altered and undermined.
Our supporters and volunteers are ready to get to work collecting the needed signatures to have this common sense measure placed on the ballot and we appreciate the work of the Attorney General and his staff in issuing the explanation of our measure in a timely manner.”
Lisa Furlong
Chair
South Dakotans for Fair Lending
Is the GOP going to maintain impossibly high election numbers again in 2016? From the sounds of it, it isn’t looking good for Dems as they roll out their new Executive Director in her first public appearance representing their party:
I wanted to ask Suzie what she would do to get more registered Democrats. James Abourezk beat me to the punch. After himming and hawing for a moment, and pausing, Jim asked again. Suzie said she was going to “pull old lists and start contacting those people” then rambled about Gregory County or something. I left early.
That sounds ….awful.
Democrats have had a tough time when they’ve had seasoned professionals at the helm. And it sounds like the new director is anything but. You know it’s bad when one of their few former statewide elected officials starts grilling her and putting her on the spot.
It’s a good indication that Chairwoman Ann Tornberg and crew have no experience, no message, and definitely no plan to do anything this next election but lose, and lose badly.
Local Victim Rights Groups Partner with National Organization to Pursue Equal Rights for Crime Victims in South Dakota
Passing Marsy’s Law would provide victims of crime with rights equal to those already provided to those accused and convicted of crimes.
Marsy’s Law for South Dakota, an organization composed of citizens and victim rights organizations in South Dakota, announced today that it is starting the petition process to place an initiated constitutional amendment on the 2016 General Election ballot for consideration of the voters.
Marsy’s Law for South Dakota is named after Marsalee “Marsy” Ann Nicholas. Marsy was a beautiful, vibrant University of California Santa Barbara student who was stalked and killed by her ex-boyfriend in 1983. Only a week after Marsy was murdered, her mother Marcella and her brother Nick walked into a grocery store after visiting her daughter’s grave and were confronted by the accused murderer. They had no idea that he had been released on bail.
Marsy’s family’s story is typical of the pain and suffering that the family members of murder victims have endured. The Nicholas family was not informed because the courts and law enforcement, though well meaning, had no obligation to keep them informed. Passing the Crime Victims Bills of Rights will ensure that future victims of violent crimes have Constitutional rights, and a formal voice in the criminal justice process.
Dr. Henry Nicholas, Marsy’s brother, has made it his mission in life to give victims and their families across the country constitutional protections and equal rights.
A constitutional amendment for victims’ rights, if adopted in South Dakota, would guarantee equal rights to crime victims. Victims and their families would receive information about their rights and the services available to them. They would have the right to receive notification of proceedings and major developments in the criminal case. They would have the right to receive timely notifications changes to the offender’s custodial status.
Victims and their families would have the right to be present at court proceedings and provide input to the prosecutor before a plea agreement is finalized. They would have the right to be heard at plea or sentencing proceedings or any process that may result in the offender’s release. Finally, they would have the right to restitution.
Marsy’s Law for South Dakota also announced today that attorney Jason Glodt will serve as its new State Director. Glodt, 42 of Pierre, is a former Assistant Attorney General and Senior Policy Advisor to Governors Rounds and Daugaard. Glodt also has over 20 years of experience managing campaigns in South Dakota and is a founding partner of GSG Strategies.
“I started my professional career as a prosecutor fighting for victims of crime,” said Glodt, “I am very excited to be back in a position where I will be working to help victims. Marsy’s Law is not a Republican, Democrat or Independent issue. We should all embrace it. That’s why we have put our political differences aside in support of Marsy’s Law for South Dakota. We are going to build a strong statewide grassroots organization and I look forward to working with crime victims groups and other citizens who support this worthy cause.”
“Thirty-two states already have some constitutional rights in place for victims of crime,” said Glodt “Unfortunately, South Dakota is one of eighteen states that currently does not have any constitutional rights for victims of crime, but we hope to change that.”
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Looks like Steve & Steve have competition.
An “informed consent in lending” Constitutional Amendment has been filed with the Attorney General and an opinion on same has been issued today with regards to capping loan rates, but allowing a higher rate upon specific disclosure of the rate. As noted in the measure:
No lender may charge interest for the loan or use of money in excess of eighteen per cent per annum unless the borrower agrees to another rate in writing. No law fixing an annual percentage rate of interest for the loan or use of money is valid unless the law provides borrowers the right to contract at interest rates as may be agreed to by the parties.
Should a person have the right to contract for a certain service at a certain rate if they’re made fully aware of the ramifications and the charges?
In the traditional sense of the word, Informed consent is a process for getting permission before a healthcare intervention on a person. Why or why not would an informed consent in lending be appropriate is a person wishes to seek the service?
If you notice by the press release from the AG below, there’s going to be at least one constitutional amendment on the ballot this year that everyone should be able to get behind – The Crime Victim’s Bill of Rights. If you’re wondering what it is…
Marsy’s Law, the California Victims’ Bill of Rights Act of 2008, is an Amendment to the state’s Constitution and certain Penal Code sections enacted by voters through the initiative process in the November 2008 general election. The Act protects and expands the legal rights of victims of crime to include 17 rights in the judicial process, including the right to legal standing, protection from the defendant, notification of all court proceedings, and restitution, as well as granting parole boards far greater powers to deny inmates parole.
I spoke with the measure sponsor, Jason Glodt, whom most elected party officials and activists should know well, about the measure, and why it’s coming to South Dakota. It’s rather serendipitous that this has come about, and very welcome measure, as I’ve written about the problems of restitution in South Dakota before.
Jason tells me that 35 states have crime victim rights measures, but South Dakota is one of 15 that do not. At the same time that constitutional rights protect the rights of citizens, they protect the rights of criminals. What this measure seeks to do is to place the rights of victims on the same footing at the same level.
When it was first passed in California in 2008, it received 53% of the vote. When passed recently in Illinois, it passed with 77% Ultimately, they have a goal to seek a federal constitutional amendment on equal rights for victims, but in the absence of it, this is a good intermediary step.
What does the measure propose to add to the constitution?
MARSY’S LAW: A SOUTH DAKOTA CONSTITUTIONAL AMENDMENT TO AFFORD CRIME VICTIMS EQUAL RIGHTS
Section I . That Article VI of the Constitution of the State of South Dakota be amended by adding a new section to read as follows:
§29. A victim shall have the following rights, beginning at the time of victimization:
I .The right to due process and to be treated with fairness and respect for the victim’s dignity;
2. The right to be free from intimidation, harassment and abuse;.
3. The right to be reasonably protected from the accused and any person acting on behalf of the accused;
4.The right to have the safety and welfare of the victim and the victim’s family considered when setting bail or making release decisions;
5.The right to prevent the disclosure of information or records that could be used to locate or harass the victim or the victim’s family, or which could disclose confidential or privileged information about the victim, and to be notified of any request for such information or records;
6.The right to privacy, which includes the right to refuse an interview, deposition or other discovery request, and to set reasonable conditions on the conduct of any such interaction to which the victim consents;
7. The right to reasonable, accurate and timely notice of, and to be present at, all proceedings involving the criminal or delinquent conduct, including release, plea, sentencing, adjudication and disposition, and any proceeding during which a right of the victim is implicated;
8. The right to be promptly notified of any release or escape of the accused;
9.The right to be heard in any proceeding involving release, plea, sentencing, adjudication, disposition or parole, and any proceeding during which a right of the victim is implicated;
10. The right to confer with the attorney for the government;
11. The right to provide information regarding the impact of the offender’s conduct on the victim and the victim’s family to the individual responsible for conducting any pre-sentence or disposition investigation or compiling any pre-sentence investigation report or plan of disposition, and to have any such information considered in any sentencing or disposition recommendations;
12. The right to receive a copy of any pre-sentence report or plan of disposition, and any other report or record relevant to the exercise of a victim’s right, except for those portions made confidential by law;
13. The right to the prompt return of the victim’s property when no longer needed as evidence in the case;
14. The right to full and timely restitution in every case and from each offender for all losses suffered by the victim as a result of the criminal conduct (And this is long overdue – PP) and as provided by law for all losses suffered as a result of delinquent conduct. All monies and property collected from any person who has been ordered to make restitution shall be first applied to the restitution owed to the victim before paying any amounts owed to the government;
15. The right to proceedings free from unreasonable delay, and to a prompt and final conclusion of the case and any related post-judgment proceedings;
16. The right to be informed of the conviction, adjudication, sentence, disposition, place and time of incarceration, detention or other disposition of the offender, any scheduled release date of the offender, and the release of or the escape by the offender from custody;
17.The right to be informed in a timely manner of all post-judgment processes and procedures, to participate in such processes and procedures, to provide information to the release authority to be considered before any release decision is made, and to be notified of any release decision regarding the offender. Any parole authority shall extend the right to be heard to any person harmed by the offender;
18. The right to be informed in a timely manner of clemency and expungement procedures, to provide information to the Governor, the court, any clemency board and other authority in these procedures, and to have that information considered before a clemency or expungement decision is made, and to be notified of such decision in advance of any release of the offender; and
19. The right to be informed of these rights, and to be informed that a victim can seek the advice of an attorney with respect to the victim’s rights. This information shall be made available to the general public and provided to each crime victim in what is referred to as a Marsy’ s Card.
What do you think? Are you ready to get behind and support the victims of crime in South Dakota?
Attorney General Explanation Released for Initiated Constitutional Amendment Limiting the Ability to Set Statutory Interest Rates for Loans
PIERRE –South Dakota Attorney General Marty Jackley announced today an Attorney General Explanation for a proposed Constitutional Amendment has been filed with the Secretary of State. This statement will appear on petitions that will be circulated by the sponsor of the proposed amendment. If the sponsor obtains a sufficient number of signatures on the petitions by November 9, 2015, as certified by the Secretary of State, the measure will be placed on the ballot for the November 2016 general election.
This is a measure to change the Constitution, as opposed to changing state statutes (which requires 13,871) and the sponsor will need 27,741 signatures.
Under South Dakota law, the Attorney General is responsible for preparing explanations for proposed initiated measures, referred laws, and South Dakota Constitutional Amendments. Specifically, the explanation includes a title, an objective, clear and simple summary of the purpose and effect of the proposed measure and a description of the legal consequences.
To view the Attorney General Explanation for the measure, as well as the final form of the measure submitted to this office, please click on the link:
http://atg.sd.gov/LinkClick.aspx?fileticket=tKus_2twEd0%3d&tabid=442
To date the Attorney General has released Attorney General Explanations for the following:
Attorney General Explanation Released for Initiated Constitutional Amendment to Expand Rights for Crime Victims
PIERRE –South Dakota Attorney General Marty Jackley announced today an Attorney General Explanation for a proposed Constitutional Amendment has been filed with the Secretary of State. This statement will appear on petitions that will be circulated by the sponsor of the proposed amendment. If the sponsor obtains a sufficient number of signatures on the petitions by November 9, 2015, as certified by the Secretary of State, the measure will be placed on the ballot for the November 2016 general election.
This is a measure to change the Constitution, as opposed to changing state statutes (which requires 13,871) and the sponsor will need 27,741 signatures.
Under South Dakota law, the Attorney General is responsible for preparing explanations for proposed initiated measures, referred laws, and South Dakota Constitutional Amendments. Specifically, the explanation includes a title, an objective, clear and simple summary of the purpose and effect of the proposed measure and a description of the legal consequences.
To view the Attorney General Explanation for the measure, as well as the final form of the measure submitted to this office, please click on the link: http://atg.sd.gov/LinkClick.aspx?fileticket=VbrXi9zbdGY%3d&tabid=442
(Or read below – PP)
Initiated Measure 2015 Rights for Crime Victims
To date the Attorney General has released Attorney General Explanations for the following: