Category: Uncategorized

I heard an interesting rumor today.

I was told that down in District 19 (Bon Homme, Douglas, Hanson, Hutchinson, McCook) for the senate seat being vacated by Bill VanGerpen, a primary is afoot.

As was told to me, on one side is former US Senate Candidate Stace “Hell No” Nelson who has supposedly been gathering signatures to run for the office.

On the other side is a primary opponent who in the process of announcing.

Are we ready for that fight?

And is the State Senate ready for the possibility of Nelson’s returning to the legislature to join that body?

Rounds Statement on Senate Passage of Bill to Combat Prescription Drug Addiction

WASHINGTON—U.S. Senator Mike Rounds (R-S.D.) today voted for S. 524, the bipartisan Comprehensive Addiction and Recovery Act (CARA) of 2016, which passed out of the Senate today by a vote of 94-1. CARA seeks to address the growing opioid abuse epidemic in the United States by authorizing state and local grants for treatment, stronger law enforcement and recovery programs. Opioids is another term for heroin and prescription painkillers.

“The number of Americans addicted to heroin and prescription painkillers has more than doubled in the last 15 years,” said Rounds. “It is a devastating dependency that has spread to all corners of our society, impacting not only those who suffer from addiction, but their friends, families and entire communities. Fortunately, opioid addiction is treatable and preventable. Our bipartisan Comprehensive Addiction and Recovery Act provides a comprehensive, evidence-based approach to help Americans combat this epidemic beginning at the local level. By expanding prevention efforts, enhancing support for law enforcement and increasing access to treatment, we can begin to reverse and stop the growing epidemic of opioid addiction.”

The Comprehensive Addiction and Recovery Act of 2016 will:

• Expand prevention and educational efforts—particularly aimed at teens, parents and other caretakers, and aging populations—to prevent the abuse of opioids and heroin and to promote treatment and recovery.
• Expand the availability of naloxone to law enforcement agencies and other first responders to help in the reversal of overdoses to save lives.
• Expand resources to identify and treat incarcerated individuals suffering from addiction disorders promptly by collaborating with criminal justice stakeholders and by providing evidence-based treatment.
• Expand disposal sites for unwanted prescription medications to keep them out of the hands of our children and adolescents.
• Launch an evidence-based opioid and heroin treatment and intervention program to expand best practices throughout the country.
• Launch a medication assisted treatment and intervention demonstration program.
• Strengthen prescription drug monitoring programs to help states monitor and track prescription drug diversion and to help at-risk individuals access services.

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Assisting Indian Country in the Fight
Against Drug Epidemic a Priority for Thune

“Tackling the drug epidemic from all sides – from helping the victims of addiction dealing with their disease to supporting the law enforcement officers fighting the traffickers who put these drugs onto the streets – is the only way we’re going to succeed.”

WASHINGTON — U.S. Sen. John Thune (R-S.D.) issued the following statement after the Senate passed S. 524, the Comprehensive Addiction and Recovery Act. This bipartisan legislation expands drug prevention efforts, supports law enforcement, combats overdose, and expands access to treatment.

“It’s no secret that addictive substances like misused prescription painkillers or other illegal drugs like heroin and meth can have a devastating effect on people,” said Thune. “They tear apart families, crush hopes and dreams, and ruin lives.

Tackling the drug epidemic from all sides – from helping the victims of addiction dealing with their disease to supporting the law enforcement officers fighting the traffickers who put these drugs onto the streets – is the only way we’re going to succeed.

“Though I’m thankful this important legislation passed the Senate, I’m disappointed Democrats blocked my amendments that would have benefited Indian Country. We must ensure that Indian Country is not forgotten, which is why I remain committed to finding a path forward to ensure our tribal citizens have greater access to these programs and initiatives.”

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Noem to Host Women of Influence Conference

Sioux Falls, S.D. – Rep. Kristi Noem today announced she will be hosting the Women of Influence Conference.  Noem will be joined by keynote speaker and South Dakota native Mary Hart, formerly of Entertainment Tonight, and special guests Angela Kennecke (KELOLAND), Karla Santi (CEO, Blend Interactive), Melissa Johnson (Founder & CEO, Oh My Cupcakes!), and Dr. Amy Novak (Dakota Wesleyan University).  To RSVP, please visit noem.house.gov/WomenOfInfluence

“More and more women are rising into leadership positions across South Dakota and our nation,” said Noem.  “I am hopeful our conference will give women in our community the tools, advice, and contacts they need to take their next step, regardless of whether they are just starting off or backed by years of experience.  I hope you or a woman of influence in your life will be able to join us in Sioux Falls on March 31.”

The Women of Influence Conference is a networking and education opportunity for women across South Dakota who are interested in changing the minds and hearts of those around them.  During the event, attendees will have the opportunity to hear from female leaders in business, entertainment, and journalism, as well as explore the conference’s resource fair.  Breakfast will be provided.

RSVP TODAY: noem.house.gov/WomenOfInfluence

DATE:  Thursday, March 31
TIME:  7:30AM – 12:30PM
LOCATION:  Central Baptist Church, Sioux Falls (3102 W. Ralph Rogers Road)
SPECIAL GUESTS:

• Mary Hart, South Dakota native and former star of Entertainment Tonight
• Angela Kennecke, KELOLAND
• Karla Santi, CEO of Blend Interactive
• Melissa Johnson, Founder and CEO of Oh My Cupcakes!
• Amy Novak, President of Dakota Wesleyan University

ADDITIONAL NOTES: Breakfast will be provided.  To RSVP, visit noem.house.gov/WomenOfInfluence

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I suspect we should have guessed with the utterly unpredictable presidential primary which has an obnoxious and sometimes profane candidate leading the Republican field, and an avowed socialist captivating the imagination of Democrats far, far longer than anyone would have credibly thought.

Welcome to 2016. An election year we may have to dub “the year of chaos.”

It appears that we’re going to have a significant number of primary elections on the Republican side, and in some cases, Democrats are giving the illusion that they may actually field a few candidates, but they’re still few and far between, and some of the candidates they’ve come up with are just awful.

Did I say awful? I meant really awful. When, leading the ticket, you have Paula Hawks the invisible candidate who spends her time campaigning & fundraising on liberal facebook memes and Jay Williams who recently demanded on twitter that we need to “Stop Using Fossil Fuels! Period,” it shows they have a small bench, and the people sitting on it aren’t your friend and neighbor. They’re the guy writing letters to the editor on how “we need to pay more in taxes,” and “isn’t that President Obama doing a nice job?”

I don’t know about you, but that’s nobody I know.

In talking with people, when I refer to “chaos,” there seem to be tidal forces pulling Republicans apart. Moving into the campaign season, for Republicans, it’s hard to campaign on a platform of not raising taxes when you look at what we have done over the past two sessions – raise taxes.

It’s not as if we haven’t had to do so before during the Janklow or Mickelson years. But there seems to be this “mood.” Maybe it’s caused by watching the bad behavior of the presidential candidates. Maybe it’s caused by years of cuts then followed by a couple years of taxes. Or there could be an entirely different cause. But people at the grassroots seem to be “angst-y” for lack of a better term.

And it’s hard for a lot of Republicans to reconcile. I’m not saying we shouldn’t have fixed our highways. We should. I’m not saying we should not do something about being a distant last in teacher pay. We needed to. But doing what we did – governing – and doing what we needed to do to fix two big and chronic issues as we did is causing a lot of rumbling at the state legislative level for the Republicans I’m talking to. There seems to be a bit of unrest.

Raising taxes for teacher salaries is ok for Republicans on the 1-29 corridor, and in other urban centers. But get west of the river… that gets to be a tougher issue.

If it’s going to manifest itself, I think much of this angst is going to come out in the number of Republican primaries. Last election we ended up with 5 GOP Senate Primaries and 12 Republican House Primaries. This year, I’m already counting based on what I know and what I’ve heard coming, and 20 days out from the filing deadline, we’re already at about 7 primaries in the Senate.

For all the rumbling, if Republicans can take heart in anything, it’s that while people might want change, in South Dakota they do it on an educated basis. They’re willing to consider choosing between one Republican over another. Thankfully, there’s no way most would consider voting Democrat.

They might rumble, and have angst. But they aren’t crazy.

The Brookings County States attorney announced his retirement today, opening up a job that he’s held for over 40 years. And you know, things could get a little hectic.

On the Republican side, Dan Nelson, an Elkton native who is currently working in the Beadle County States Atty office, has petitions out, and is looking at coming home to Brookings County where he will be a candidate for the States Attorney Office being vacated by the current States Attorney, Democrat Clyde Calhoon.

In Beadle County, Nelson serves as deputy state’s attorney where he prosecutes most magistrate and circuit court matters.

On the Democrat side of the aisle, Calhoon’s Deputy Abigail Howard is apparently running for the post in her second attempt for elected office. Prior to going to law school (and marriage), Howard was a Democrat candidate for the State House in 2008, under her maiden name of Abigail Howell, running against Larry Tidemann & Carol Pitts where she finished 4th an a field of 4.

Keep an eye on things, as when a race opens up once in 40 years, this could get competitive.

From the Argus Leader, it sounds as if Stephanie Herseth Sandlin’s employer Raven Industries is having a bad couple of days:

Sioux Falls-based Raven Industries Inc. took a 73 drop in net income for its fiscal year, driven by continued market challenges and a big decline in sales in the Aerostar division.

Net income was $8.5 million, or 23 cents per share, compared with $31.7 million, or 86 cents per share in the previous fiscal year.

The fourth quarter, which ended Jan. 31, was particularly challenging with sales declines in all three divisions.

Raven reported net income of $1 million, or 3 cents per share in the fourth quarter, compared with $6.2 million, or 16 cents per share, for the same time in the previous year.

Read that here.   And in trading so far today…

I don’t think that arrow is going in the direction they want it to be.

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?