Category: Uncategorized

Secretary of State Certifies 5^th Ballot Measure

Pierre, SD – Today, Secretary of State Shantel Krebs announced that An initiated measure to Revise State Campaign Finance and Lobbying Laws, Create a Publicly Funded Campaign Finance Program, Create an Ethics Commission, and Appropriate Funds was validated and certified to be on the November 2016 general election ballot as a ballot measure the citizens will vote on. The sponsor turned in 24,532 signatures to the Secretary of State’s office. An Initiated Measure requires 13,871 signatures from South Dakota registered voters. Once the signatures were delivered to the Secretary of State’s office, a 5% random sampling was conducted. It was determined that 73.8% or 18,122 of 24,532 signatures were in good standing. This will be Initiated Measure 22.

This is the fifth initiated measure to be approved by Secretary of State. A total of 8 measures were submitted for review. This office will continue the signature validation process of the remaining 3 measures in the order they were submitted to the Secretary of State. A total of 275,000 signatures were submitted among all petitions.

Those looking to challenge the Secretary of State’s certification of a ballot measure have 30 days from the date they are certified, which would be February 5, 2016.

Attorney General Marty Jackley’s 2016 Legislative Package

PIERRE, S.D. – Attorney General Marty Jackley announces that the Attorney General’s proposed legislative package for 2016 will include a request that our Legislature consider and enact the following:

1. Strengthening Human Trafficking Forfeiture laws
Under South Dakota law, a person who is convicted of specific human trafficking and sex crimes forfeits the profits and assets associated with their sex crimes.  These forfeited assets are used to pay for the law enforcement operations and to help victims of human trafficking.  Because many of the law enforcement arrests and prosecutions are conducted jointly with state, local and federal authorities, the Attorney General is requesting that the Legislature allow the forfeiture of these assets and profits used in human trafficking be allowed whether the case is prosecuted in state or federal court.

“State, local and federal law enforcement officers continue to remove sexual predators from our communities during our joint law enforcement operations and investigations.  Predators convicted of human trafficking and related sex crimes whether prosecuted by state or federal authorities should not keep either their profits or assets used to harm young women and children.  Their profits and assets used to commit these sex crimes should go to help victims and support further law enforcement operations saving taxpayer monies,” said Jackley.

2. Improving Sex Offender Registry
South Dakota maintains one of the strongest nationally certified sex offender registries.  There are presently 3,438 South Dakota sex offender registrants.  South Dakota registrants have an over 99% compliance rate.  In the interest of maintaining a registry in which registrants maintain strong compliance, changes including allowing the use of identification cards are being proposed, as well as additional protections including related to immigration documentation.

Several South Dakota reservations, while maintaining their own registry, cooperate and exchange information with South Dakota Sex Offender Registry.  This cooperation better ensures that all communities in South Dakota, whether on or off reservation, have this information available for parents, grandparents and guardians to better protect their children.  The Attorney General is requesting that tribal sex offender qualified offenses be made a part of the South Dakota registry.  South Dakota currently cooperates with the Pine Ridge, Rosebud, Cheyenne River, Crow Creek, Lower Brule, Sisseton/Wahpeton and Standing Rock tribes.

“South Dakota is a national leader in maintaining a sex offender registry that helps parents and grandparents make informed decisions to better protect children.  This proposed legislation will expand these protections further with our tribal partners and will assist registrants in meeting their compliance requirements,” said Jackley.

3. Addressing Vehicular Homicide
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.

“While it is difficult to place a value on the loss of a human life, serving only a 4.5 year sentence for the brutal vehicular homicide of another human being should carry with it more significance and deterrent value to better protect the public,” said Jackley.

4. Protecting fetal body parts from for-profit sale in South Dakota.
Under South Dakota law, the sale or transfer of fetal remains is illegal with limited exceptions.  The law allows donations of fetal tissue or organs in cases of spontaneous abortion and with the mother’s consent.  Although the sale or transfer of fetal remains is generally prohibited by law, there is no specified penalty or crime classification.

Based upon the national reports and concern over the transfer of fetal tissue and remains, it is important to clarify and specify what South Dakota law prevents and permits and the appropriate penalty.  Based upon the significance of the knowing and for-profit sale of fetal tissue, the proposed penalty is a Class 6 felony which is consistent with South Dakota’s classification for partial birth abortion violations.

“It is my hope that all South Dakotans, whether pro-life or pro-choice, would support limiting and deterring the knowing and for-profit sale or transfer of fetal body parts and tissue in our state.  It is my further hope that when the law prohibits specified conduct that we are clear as to what the penalty is when the law is not followed,” said Jackley.

At the time of filing, the prepared Attorney General bills may be viewed at:
http://legis.sd.gov/Legislative_Session/Default.aspx?Session=Ninety-First

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From the Rapid City Journal:

Pennington County voters Tuesday soundly rejected the proposed wheel tax that annually would have added $2.5 million to the county budget for road and bridge projects.

With all precincts counted, 59.6 percent of the voters said “no” to the tax, while 40.4 percent voted “yes.” Turnout was 15.3 percent of registered voters.

Read it all here.

I’m betting the RV population had little to do with putting this measure over the top by this kind of margin. This was the kind of rejection reserved for Democrats!

Tonight, a notice went out to members of the media from Heather Plunkett announcing her resignation as Butte County State’s Attorney:

Good evening everyone.  I filed my letter of resignation with the Butte County Auditor and it has been submitted to the Butte County Commission for review.

Very Truly Yours,
Heather L. Plunkett

Plunkett had been arrested and pled guilty on December 23rd of 2015 to possession of marijuana, less than 2 ounces, possession of drug paraphernalia, and ingesting substance other than alcohol. All were misdemeanor charges.  At the time she had offered her apology and initial statement on her arrest, but noted that she would make her intentions concerning her position as State’s Attorney.

From South Dakota Drinking Liberally on December 4th, 2015:

Democratic voter registration in South Dakota fell to 169,059 this week, the lowest level of Democratic registration since 1972 when it stood at 158,086.

Read that here.

Today, a month later, South Dakota Democrats are down to 167,272 voters.

A loss of 1787 voters.

Rounds Statement on President
Obama’s Gun Control Announcement

PIERRE—U.S. Senator Mike Rounds (R-S.D.) today issued the following statement on President Obama’s recently announced gun control executive actions:

“The executive actions the president announced today will make it more difficult for law-abiding citizens to legally obtain firearms and do nothing to fix the problem of gun violence,” said Rounds. “Criminals and terrorists aren’t going to obey the law anyway. I will continue to fight against the president’s endless attack on our 2nd amendment rights.”

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South Dakota PUC certifies Keystone XL Pipeline construction permit

PIERRE, S.D. – The South Dakota Public Utilities Commission today determined that the certification filed by TransCanada Keystone Pipeline to construct the Keystone XL Pipeline in South Dakota is valid. The decision was made by commission members Chris Nelson, Kristie Fiegen and Gary Hanson at a regular PUC meeting in Pierre, S.D., on Jan. 5, 2016.

“State law narrowly defines the certification question we voted on today,” said PUC Chairman Nelson. “This was not a question of whether the permit should have been issued in 2010; rather, it was whether TransCanada filed a valid certification stating that the company can meet the conditions attached to the original permit. Opponents failed to prove that the certification was not valid. We all understand, however, that the pipeline cannot be constructed without a presidential permit,” Nelson continued.

“My vote today to accept Keystone XL’s certification takes proper account of the controlling law enacted by the legislature that guides our actions in this docket,” stated Kristie Fiegen, PUC Vice Chairman. “Due process has been delivered. The commission considered a host of motions, allowed a vast amount of discovery to be gathered, provided an opportunity for all to properly argue their case, and enabled compilation of a complete written and oral record that addressed the conditions first established in the Keystone XL Pipeline construction docket,” Fiegen concluded.

“We made it clear from the very beginning of this process that in order to prohibit the Keystone XL Pipeline certification, proof would need to be presented that TransCanada cannot meet the conditions set by the PUC in 2010,” Commissioner Gary Hanson said. “Through this protractive and open process, the validity of Keystone XL’s certification has been thoroughly vetted. There has been no evidence provided that shows TransCanada Keystone XL will be unable to meet the requirements of the permit. If the company secures a presidential permit and the pipeline is built, the PUC will monitor the progress to ensure the construction conditions are met,” Hanson said.

TransCanada came before the PUC in March 2009 with its request to construct the Keystone XL Pipeline across parts of western South Dakota. The commission approved an amended final decision and order on June 29, 2010. Because TransCanada did not begin construction on the Keystone XL Pipeline in South Dakota within four years of the permit being issued, state law requires the company to certify to the PUC that the facility continues to meet the conditions upon which the permit was granted.

TransCanada Keystone Pipeline filed the certification with the PUC on Sept. 14, 2014. Since then, the PUC has reviewed thousands of pages of filings by parties; held numerous meetings at which motions offered by intervenors, TransCanada and PUC staff were discussed and decided; and conducted a nine-day evidentiary hearing.

The commission granted intervenor status to all 30 individuals and 12 organizations that requested it, allowing them full participation in the certification docket including the ability to file legal motions, request discovery (facts or documents), present testimony and evidence, and participate in the evidentiary hearing. Three intervenors withdrew from the docket in the spring of 2015. The remaining intervenors included landowners along the pipeline route, Native American tribes, environmental groups, grassroots membership organizations, and interested individuals from South Dakota, Nebraska, Minnesota and New York.

Approximately 100 people attended a public input session at the State Capitol in Pierre on July 6, at which 52 commenters offered verbal statements to the commission about the Keystone XL Pipeline certification. Several hundred written comments were submitted to the PUC throughout the course of the proceeding.

The evidentiary hearing was held in Pierre on July 27-Aug. 1 and Aug. 3-5, during which the commission heard testimony and accepted evidence from TransCanada, PUC staff, and intervenors.

The pipeline route in South Dakota has an estimated length of 315 miles that will cross portions of Harding, Butte, Perkins, Meade, Pennington, Haakon, Jones, Lyman and Tripp counties. The project also includes seven pump stations to be located in Harding, Meade, Haakon, Jones and Tripp counties. The plans specify two pump stations each in Harding and Tripp counties. The pipeline will transport crude oil starting in Hardisty, Alberta, Canada, to Steele City, Nebraska.

The PUC expects to issue its written final decision and order in the coming weeks. That document will be part of the full docket found on the PUC’s website at www.puc.sd.gov, “Commission Actions,” Commission Dockets,” “Hydrocarbon Pipeline Dockets,” “2014 Hydrocarbon Pipeline Dockets,” Docket HP14-001 – In the Matter of the Petition of TransCanada Keystone Pipeline, LP for Order Accepting Certification of Permit Issued in Docket HP09-001 to Construct the Keystone XL Pipeline.

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Marty Jackley: Release of Further
Information on the Westerhuis Fire and Death Investigation

PIERRE, S.D. – Attorney General Marty Jackley is releasing the following additional information arising from the Westerhuis fire and death investigation.

“Forensic evidence and the totality of the investigation continues to confirm that Scott Westerhuis was responsible for the death of his family, before setting fire to his home and taking his own life,” said Marty Jackley. “I also want to re-assure the public that the joint state and federal criminal investigation into the financial circumstances surrounding the Gear-Up and related programs remains an ongoing priority. Any information from the public that may assist law enforcement with our financial review would be greatly appreciated,” said Jackley.

On September 17th, 2015, a catastrophic house fire occurred at the Westerhuis residence located at 36705 279th Street, Platte, SD. On September 22nd, 2015, preliminary autopsy reports were released indicating that the cause and manner of death for Nicole, Kailey, Jaeci, Connor and Michael Westerhuis were homicide by shotgun wounds, and the cause of death for Scott Westerhuis was shotgun wound with manner of death as suspected suicide based on investigation findings.

On November 3rd, 2015, Attorney General Jackley joined state, local and federal law enforcement and first responders at a press conference in Platte and released the final fire and death investigation results confirming that the totality of circumstances indicated that Scott Westerhuis was responsible for the death of his family. It was further released that a joint state and federal investigation into the financial circumstances surrounding the Gear-Up Program remained an ongoing priority.

During and since the press conference, further questions have been asked regarding the following three general areas:

1. The 2:57 a.m. call from the Westerhuis landline to Nicole Westerhuis’ cell phone; and
2. A white pickup traveling through Platte on the morning of September 17th, 2015;
3. Safety or lock deposit

As demonstrated by the further release of this information, none of these items provide evidence that anyone other than Scott Westerhuis was responsible for the tragic loss of his family.

I)                 Video of White Pickup

On the morning of September 17th, 2015, an individual driving a white pickup with a trailer delivered a load of pheasants from a farm in Gregory County to a pheasant hunting preserve north of Platte. Law enforcement has reviewed the gas station surveillance video of the vehicle coming and going through Platte, interviewed the driver of the truck, the pheasant raiser, and obtained the invoice from the day of delivery. The route is consistent with the video, including the trip to the hunting preserve and on the return trip having the pheasant crates empty and stacked up and ratcheted down. All individuals involved have been cooperative with law enforcement.

II)              The 2:57 a.m. call from the Westerhuis landline to Nicole Westerhuis’ cell phone

Phone records demonstrate a call from the Westerhuis landline to Nicole Westerhuis’ cell phone. The call began at 2:57:54 and ended at 2:58:37, lasting 43 seconds. It is believed that Nicole’s cell phone device and any voice message on the device were destroyed in the fire. On September 24th, 2015, seven days after the tragic incident, MCEC deactivated Scott and Nicole’s cellular telephones.   Verizon, as the carrier, contracts with a third-party to provide voice messaging service. The third-party only retains voice messaging while a cell phone is active. Once the deactivation occurred, the actual voice message could not be retrieved by the third-party carrier.

Further investigation has confirmed the installation of an automation alarm system in the Westerhuis residence approximately three-years ago. The fire alarm system is tied to the residence’s landline. The system was programmed to first call Scott Westerhuis’ cell phone and then Nicole Westerhuis’ cell phone in the event of a fire alarm. Consistent with the alarm programming the first call came to Scott Westerhuis’ cell phone at 2:56:35 and ended at 2:57:45. Nine seconds later came the second call to Nicole’s cell phone starting at 2:57:54 and ended at 2:58:34. Although the voice mail on Nicole’s actual cell phone is believed to be destroyed and Verizon’s third-party carrier did not maintain the actual voice mail message, the follow-up investigation with the alarm installation company has confirmed that the call from the Westerhuis’ landline to both cell phones in the order programmed would have been consistent with and in all likelihood the automated alarm notification.

III)            Safety or lock deposit boxes.

The investigation has involved two safety or lock deposit boxes. First, there was a bank deposit box that had been obtained by Scott Westerhuis. Law enforcement executed a search warrant on November 11th, 2015, in relation to the safety deposit box. Although the Search Warrant Return has been filed, consistent with the Order to Seal it is not appropriate to disclose the specific contents at this time. Generally, there was nothing of evidentiary value in relation to the death investigation.

At different times witnesses have also described a safe or lock box contained in various locations on the Westerhuis property. It is generally described as a small, portable, gray safe or lock box. Law enforcement has on two separate occasions, when processing the fire scene and subsequent search, specifically looked in the location areas witnesses described. Based upon statements from witnesses, the safe is believed to be similar in nature to the SentrySafe 1100 Fire-safe chest that provides only a ½ hour of fire protection. Safes of this nature generally have limited fire protection capability based upon amount of heat and duration. In the event the public has any further information regarding the safe of this general description including surrounding its purchase, we are kindly requesting it be provided to law enforcement.

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I don’t think anyone in South Dakota would deny that at times the federal government seems to have a tendency to manage federal lands like a pack of idiots. I don’t think any rancher grazing on federally controlled grasslands would disagree.

When protesters swoop in, such as they have in Oregon, I’m sure they’re acting out of a sense of frustration. But, is it justification for also acting like a pack of idiots? I can’t imagine it’s not going to cost taxpayers hundreds of thousands of dollars dealing with their tantrum.

As you’ll note in the attached clip, Fox News’ Megyn Kelly skewers one of their leaders when she points out that whole “rule of law” thing, and they very quickly backtrack from their “pledge to die for their beliefs.”

In this instance, I’m not sure how they’re better than the Black Lives Matter groups that infringe on the rights of others when they too intentionally block traffic, commerce, and protest on private property.  Even the family of the person they’re claiming to be protesting for is disavowing them.

Throughout the siege, Bundy has claimed the two ranchers were targeted for not selling land to the government.

But the father-and-son ranchers have distanced themselves from the group.

“Neither Ammon Bundy nor anyone within his group/organization speak for the Hammond family,” the Hammonds’ attorney, W. Alan Schroeder, wrote to Harney County Sheriff David Ward.

Read that here.

So, why are they there?

Yes, our democracy affords them the opportunity and ability to express their freedom of speech in protest. So good, go protest.

But when the law of the land has spoken, it serves little purpose to take over buildings and claim you’re ready to die, as the rest of us are forced to deal with it.

Now that I’m done giggling over someone’s plagiarism causing them to inadvertently promote dakotawarcollege.com, the word is out there that a few more people have petitions out to run for the state legislature.

State Representative Dan Kaiser is said to have his petitions out in the Aberdeen community for another run at the State House.  And the word out west is that Tim Goodwin of rural Hill City may be a candidate for the State House in District 30 giving us a 4-way primary instead of a three-way.

But isn’t there one missing?  Weren’t we promised a candidate?

I distinctly recall South Dakota Democrat Chair Ann Tornberg promising that Democrats would have a candidate for US Senate.  They went all last year – when a legitimate candidate would have been running – and ended 2015 without a candidate to their name.

Now we’re starting to creep through January, when desperation should be kicking in, and they still don’t have one.

And the campaign season continues to roll on…..