Category: Uncategorized

The Argus Leader has a story out there today where, once again, we have Republican legislators who have their priorities backwards. 

Because they’re out there advocating to make life easier for criminals, as opposed to victims:

State Sen. Craig Tieszen, R-Rapid City, is among those who thinks the next criminal justice reform should include a discussion of how to help people leaving prison as a way to prevent them from returning.

“These people should have an opportunity to re-enter the workforce,” Tieszen said. “Obviously, they won’t be automatically hired, but they deserve equal opportunity to re-enter the workforce.”

Tieszen, who recently advocated for legislation to restore ex-convicts’ voting rights, said the state could use a “ban the box” law.

And…

We’re just locking people up and shaming them. … It’s a broken system, and South Dakota I think is a good place to experiment with change,” Hickey said. “I believe the best way to help them is to treat them as human beings.”

Read it all here.

If some of these guys spent as much time working to ensure crime victims were made whole, and criminals were held to full account for the damage they do to people’s lives, I might be more sympathetic.

But they don’t. They spend an inordinate amount of time trying to make the criminal whole, as opposed to the people whom they might have damaged along the way.

Until victims are restored, criminals should not expect to participate fully in society.

It is a privilege that should be earned. Not handed back.

S.D. Attorney General Explanation for Initiative Measure Relating to Maximum Finance Charges Upheld

PIERRE, S.D.- Attorney General Marty Jackley announced today Circuit Judge Kathleen Trandahl has denied the request to have the Attorney General’s Office rewrite the explanation for the initiated measure relating to maximum finance charges for certain lenders. Opponents of the measure recently challenged the explanation in court. Judge Trandahl rejected their arguments and held that Jackley’s explanation was proper.

“Pursuant to South Dakota law, I have worked to provide a fair, clear, and simple summary of the proposed measure in order to assist our voters. The Court has reaffirmed the fairness of this process,” said Jackley.

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.

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Democratic Mayor Mike Huether may just have blown a major Sioux Falls development deal because he just can’t help trying to draw attention to himself. As noted in today’s Argus:

Last week’s unveiling of a downtown development plan left many with the impression that iconic establishment Skelly’s Pub and Grill has been sold and will be demolished as part of the $40 million project.

That’s news to Houston Haugo, the 73-year-old owner of the Phillips Avenue property, who criticized Mayor Mike Huether and other city officials for announcing details of a public-private partnership that is still under negotiation.

“There’s no deal,” Haugo said Wednesday from his home in Arizona. “No money has been exchanged and there’s no signed agreement. This was a case of the mayor and (development director) Darrin Smith overdriving their mouths.”

And..

One potential hurdle, however, is the higher price that property owners might seek if they see their buildings as crucial to the city’s development plan. That is why some are scratching their heads about what they perceive to be a premature and ill-advised announcement.

“When you’re dealing with business negotiations, you just don’t do stuff like that,” said Haugo, a former Valley Bank chairman and Lincoln County commissioner who has owned Skelly’s since 2003. “With this stupid move, I could ask for more money. But I’ve known (Sweet) a long time and we came up with a price.”

Read it all here.

One thing my mother taught me about business was that “once the deal is made, don’t talk the other guy out of it.”. In other words, if you have a agreement in principle, don’t say something stupid and blow the deal before it’s set in stone.

Advice that Huether would be wise to heed.

Noem’s Office Accepting Applications for Fall Interns

Washington, D.C. – Representative Kristi Noem is accepting applications for fall internships in her Washington, D.C., office, as well as in her offices in Sioux Falls, Rapid City and Watertown.

Student interns in Representative Noem’s office will assist staff with various constituent service and communications projects, as well as assist with legislative research. Both South Dakota and Washington, D.C., internships provide students with first-hand knowledge of the legislative process and the countless other functions of a congressional office.
College students who are interested in interning in any of Representative Noem’s offices should submit a resume, cover letter, and references to [email protected] by August 3.

For more information, contact Christiana Frazee at 202-225-2801.

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From a today’s KCCR, State Rep Elizabeth May wants a special session of the legislature to address education. 

Representative Elizabeth May of Kyle is making a bold statement, saying that a special session is needed to truly address the teacher shortage and the financial crisis that most school districts are facing.

And…

May has been critical of the “Blue Ribbon Task Force” that was created by South Dakota Governor Dennis Daugaard. May states that the Blue Ribbon task force is failing to address the negative effects that the federally mandated standards and assessments are having on school districts financially and academically.

May says that she knows that the people selected to the task force will do a good job, but is also disappointed with who was selected.

Read it here

AG Marty Jackley is putting potheads on notice tonight that if they think the Flandreau reservation is their smokin up haven, they’ve got another thing coming:

Jurisdiction Over Marijuana in South Dakota and Our Reservations

PIERRE – The possession, distribution and manufacture of marijuana is a violation of both federal and state law. Unfortunately, the federal government has created confusion in relation to marijuana jurisdiction in Indian Country with recent inconsistencies. 

As South Dakota’s Attorney General, I respect each Tribes authority to pass laws that govern Indian persons within Indian Country. It is equally important to recognize that South Dakota law prohibits the internal and physical possession, distribution, and manufacture of marijuana by: (1) all non-Indian persons anywhere in South Dakota including within Indian Country; (2) all Indian persons outside of Indian Country.

“I want to encourage Tribal leaders to continue to work with state authorities to better ensure our respective laws are followed, public safety on our roads remains a consideration, and that both Indian and non-Indian persons are not put in harm’s way by the jurisdiction complexities being created by our federal government,” said Attorney General Jackley.

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Grassley, Thune Introduce Comprehensive Taxpayer Bill of Rights Legislation 

WASHINGTON, D.C. – Sen. Chuck Grassley of Iowa and Sen. John Thune of South Dakota today introduced comprehensive legislation to improve customer service at the IRS, create new taxpayer protections, and update and strengthen existing taxpayer protections. The Taxpayer Bill of Rights Enhancement Act of 2015 comes amid gross mismanagement and inappropriate actions by IRS employees that have shaken what little confidence taxpayers may have had in the agency. 

“The IRS has never been anyone’s favorite agency,” Grassley said. “But it shouldn’t repel and mistreat the people it exists to serve. The IRS’ level of customer service might be at all-time low. Taxpayers are at a disadvantage with an agency that has tremendous power over their money. The IRS might talk about good customer service. Too often, talk is all there is. The IRS needs to walk the walk. Congress needs to act. This bill will help swing the pendulum away from agency self-preservation and back to taxpayer service.”  

“This bill is intended to enact a much-needed culture change at the IRS, an agency whose reputation and trustworthiness has severely deteriorated with the American people over the last several years,” said Thune. “No American should have to fear that politics could play a role in their confidential tax information being disclosed to a third party‎, that they will be targeted based on their political beliefs, or that the IRS would not properly retain its employees’ emails. This bill takes an important step toward restoring this agency to one that the American people both expect and deserve.” 

The bill is necessary to ensure that appropriate safeguards are in place to protect taxpayer rights by preventing IRS abuses, Grassley and Thune said. Among other provisions, the legislation: 

 

· Significantly increases civil damages and criminal penalties for the unauthorized disclosure or inspection of tax return information and significantly increases civil damages for improper IRS collection activities.  

· Imposes an affirmative duty on the commissioner of the IRS to ensure that IRS employees are familiar with and act in accordance with all taxpayer protections.

· Updates the “10 deadly sins” established by the IRS Restructuring and Reform Act of 1998, those actions by IRS employees that require mandatory termination, to include official actions taken for political purposes.

· Permits the Treasury Department to provide status updates, and in certain instances require status updates, regarding investigations into misconduct by IRS employees — or in some circumstances third parties – to taxpayers who are the subject of the misconduct. 

· Puts the bite back into a provision, recently called a “toothless tiger” by Tax Notes, that permits taxpayers to bring a cause of action against the IRS for unauthorized collections actions. 

· Extends the declaratory judgment remedy currently available to 501(c)3 to other 501(c) groups, including 501(c)(4) social welfare organizations, in instances where the IRS fails to act on an application in a timely manner or makes a negative determination as to their tax-exempt status.

· Prohibits IRS officers and employees from using personal email accounts to conduct official business.

· Provides additional authority concerning the use of taxpayer information to the IRS for the purpose of locating taxpayers due a tax refund.

· Requires tax-exempt organizations to file Form 990 electronically and mandates that the IRS make such information available in a timely manner. 

· Imposes new requirements on the IRS with respect to email retention consistent with the existing directive from the Office of Management and Budget and the National Archives.

 

Grassley is the former chairman of the Finance Committee, with jurisdiction over the IRS. Grassley championed the 1988, 1996, and 1998 taxpayer rights laws currently on the books. Grassley and Thune serve together on the Finance Committee and are joining forces to make the right to quality service a high priority at the IRS.

The bill contains some provisions passed by the House of Representatives in April and additional provisions to address shortcomings that have come to light since the last taxpayer rights bill. 

A section-by-section summary of the bill, S. 1578, is available here. The bill text is available here. Video of the news conference is available here.  

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Light posting, as most of today is spent in the Autism Speaks Leadership Summit that I came all the way from sunny South Dakota to Sunny & humid DC to attend. 

The plus is that part of it is to intentionally go to our Representative’s and Senator’s offices. Congresswoman Noem’s staff was great to meet with our group while she was on her way back to DC. and we get to meet with her, Rounds and Thune as a group at their Wednesday Breakfast tomorrow morning, before we visit the Senate offices individually.

It’s been a great couple of days so far, and I’m especially looking forward to the political advocacy/election advocacy portion coming up shortly. 

We’re currently listening to Rep. Marsha Blackburn, and have been treated to several sitting US Senators and Representatives addressing the group, as well as members of the media, administration, scientific and advocacy communities.

  
Ultimately, the goal is to put the knowledge into practice back in our own states, as well as seek further advocacy at the federal level. 

Back to the lectures!

South Dakota PUC handled two rate increase requests from MidAmerican Energy

Company’s first electric rate increase in two decades approved; natural gas rates to rise after 11 years

 

PIERRE, S.D. – MidAmerican Energy Co. received the OK today from the South Dakota Public Utilities Commission to implement rate increases for natural gas and electric customers. The company’s last electric rate increase request was approved in 1995; the most recent natural gas hike occurred in 2004.

 

In separate decisions affecting both types of MidAmerican Energy customers–natural gas and electric–the PUC accepted settlement agreements offered by the company and PUC staff that detailed lower-than-requested rate increases. The decisions made by Commissioners Chris Nelson, Kristie Fiegen and Gary Hanson took place at an ad hoc meeting of the PUC held June 16 in Pierre.

 

MidAmerican’s 88,000 natural gas customers in South Dakota will see a bump on their bill beginning July 1, 2015. On average, customers’ distribution delivery rates will increase by about 5.67 percent; the company’s request was 10.7 percent. 

 

Improvements in pipe, including retiring all vintage cast iron gas pipe systems and replacing older steel and plastic pipes, were key factors in the company’s request for additional revenue. Other investment in facilities and equipment, and inflation also played a part.

 

MidAmerican’s electric customers will experience a rate change via a two-step process. Effective July 13, 2015, rates will be implemented resulting in an average increase of 5.66 percent. However, customers will see a reduction on their bills associated with the costs related to a generation project and a transmission project that will be placed into service later this year. This reduction will be effective from July 13 until the time both projects are in service no later than Dec. 31, 2015. MidAmerican and PUC staff explained in documents filed with the commission that such a plan serves the best interest of rate payers by eliminating the need for the company to apply for another, immediate rate increase.

 

“The fact that you have not been here asking for a rate increase in the last 20 years is commendable,” PUC Chairman Nelson told MidAmerican Energy officials at the meeting. “The company and staff seemed to have resolved issues very well. It is obvious you are making some smart business decisions that are beneficial to ratepayers financially and good for the company,” he commented.

 

“I appreciate the unique two-step approach taken with the electric rate request,” Vice Chairman Fiegen said. “It saves the customer money and saves the company and staff time. Electric rates are increasing across the nation. I appreciate the efforts to keep this increase as low as possible,” she concluded.

 

In the request filed with the PUC in August 2014, MidAmerican Energy asked to increase electric rates to raise approximately $1.6 million in additional annual revenues, or approximately 13.8 percent, from its 4,500 electric customers in South Dakota. The PUC’s decision on the final rate increase allows for annual additional revenue of $648,471, or approximately 5.66 percent. During the time the reduction is in effect, the allowed rate increase is only $293,903. 

 

Prior to Tuesday’s vote, MidAmerican representatives and PUC staff members fielded questions from commissioners ranging from the cost and benefit of the company building new wind energy facilities to the content of customer notices explaining the rate changes.

 

Commission Hanson noted the voluminous amount of data that was shared by the company and analyzed by the PUC staff for both cases. “It is phenomenal to consider the reams and reams of information that have been pored over to get us to this decision today,” he stated. “I am appreciative and impressed with the diligence of the PUC staff and the civility of the company throughout the process. It’s good to know we have good folks working in the utility business,” Hanson said.

 

MidAmerican implemented interim natural gas and electric rates on Feb. 1, 2015. Because the approved rate increases are lower than the interim rates, the company will credit the difference plus interest to customers on bills no later than Sept. 1, 2015. Interim rates are allowed by state law. The PUC approved the interim rate refund plans.

 

The company agreed to not ask the commission for permission to raise natural gas or electric base rates before February 2018.

 

The PUC’s rate increase process for both MidAmerican Energy dockets included an extensive analysis of the requests by a staff team comprised of an attorney and four utility analysts, assisted by rate consultants. Both requests were scrutinized by the PUC staff with individual elements negotiated with MidAmerican representatives until reaching resolutions described in the settlement agreements.

 

The full MidAmerican Energy rate increase request dockets can be viewed on the PUC’s website at www.puc.sd.gov, Commission Actions, Electric Dockets, 2014 Electric Dockets, EL14-072 – In the Matter of the Application of MidAmerican Energy Company for Authority to Increase its Electric Rates; and Natural Gas Dockets, 2014 Natural Gas Dockets, NG14-005 – In the Matter of the Application of MidAmerican Energy Company for Authority to Increase its Natural Gas Rates.

 

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