Category: Uncategorized

Gov. Daugaard’s Statement On Same-Sex Marriage Decision

PIERRE, S.D. – This morning, the United States Supreme Court announced its decision in Obergefell v. Hodges, holding that states must issue marriage licenses to same-sex couples, and recognize same-sex marriages performed in other states.

“I would have preferred for this change to come through the democratic process, rather than the courts,” said Gov. Daugaard. “We are a nation of laws, and the state will follow the law. I will be working with the Attorney General to ascertain what this ruling means for state and local governments.”

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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. 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 persons, including tribal members, outside of Indian Country. 

These principles are well established and supported under U.S. Supreme Court and South Dakota Supreme Court decisions. 

Since the United States Supreme Court’s 1978 Oliphant opinion, the law has been clear that the inherent criminal jurisdiction of an Indian tribe does not extend to non-Indians. As far back as the 1881 McBratney opinion the U.S. Supreme Court found that state courts have jurisdiction over, among other matters, victimless crimes committed by non-Indians within Indian country. 

Furthermore, the South Dakota Supreme Court in its 1977 Winckler opinion found that state courts have jurisdiction over all persons where an element of the crime is committed outside of Indian country. The South Dakota Supreme Court in its 1991 Vandermay opinion reaffirmed that state court jurisdiction exists for criminal conduct by non-Indians with 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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AFP South Dakota Responds To Supreme Court Ruling
Court Decision Provides No Relief To The Many Struggling Under Obamacare

SIOUX FALLS, S.D. – Today, Americans for Prosperity South Dakota released the following statement in response to the Supreme Court’s decision earlier this morning to uphold the federal Obamacare Exchange in the controversial case, King v. Burwell:

“The Court’s decision today offers no relief to Obamacare’s many victims,” said Americans for Prosperity State Director Ben Lee. “For far too long, Obamacare’s burdensome taxes and mandates have wreaked havoc on American families and businesses. This law was hurting people yesterday, and will continue to do so tomorrow.”

“Obamacare remains wildly unpopular and for good reason: it limits access to care and has sent premiums skyrocketing. Americans for Prosperity South Dakota will continue pressing Congress to provide relief from the law’s expensive mandates, and continue fighting for patient-centered reforms that work.”

A spokesman for the chapter said they planned to direct the public to voice their discontent with the law by signing the petition at www.americansforprosperity.org/burwell.

The national organization also announced plans to launch a significant digital buy with an ad advocating for people’s health over politics, which will reach most major media markets in the United States.

Watch the video here:

Former State Rep. Kathy Tyler just can’t win. Today, the State Supreme Court handed down a decision in the matter of “Grant County Concerned Citizens v Grant County Board of Adjustment,” in which

Tyler, who seemed to act as front person for the group, attempted to throw everything including the kitchen sink (Including digging a well to try to frustrate the application)in an attempt to deny the board of adjustment permitting for a CAFO, or “concentrated animal feeding operation” which was working to set up shop in Grant County just down the road from the former Democratic State Representative.

And in each and every claim in the lawsuit, the State Supreme Court shut Tyler’s group down. Go ahead and read it for yourself:

Grant County – Teton Appeal II 6-25-15

What do you think? Is the problem that people who move out to the country expect it to not smell like the country when a neighbor decides to raise pigs? Our food does need to come from somewhere.

Thune Statement on King v. Burwell Decision

WASHINGTON, D.C.— U.S. Sen. John Thune (R-S.D.) issued the following statement regarding today’s Supreme Court decision on King v. Burwell:

“Obamacare continues to be a disaster for many American families and businesses. Under this law, Americans will continue to pay higher premiums, face an avalanche of regulations, and cope with the loss of their preferred doctors. Obamacare’s ‘top-down’ approach to health care has forced Americans off plans that they liked, hurt job creation, and reduced choices of doctors and hospitals. The Republican-led Senate remains committed to repealing this fundamentally broken law and replacing it with patient-centered reforms that work for the American people.”

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It had been up until very recently, but Paula Hawks’ state legislative campaign website has now come down and been placed in a ‘parked’ status as we approach July, a time when it was rumored that she would be announcing for Congress.

Interesting. Especially given that she would be a prohibitively out gunned and outclassed candidate going up against Congresswoman Kristi Noem; a candidate with a million dollars in the bank, and the first South Dakotan serving on the ways and means committee.

Hawks, who won by 7 votes in her own district has never run on the state level, and her only claim to fame has been a public embracing of a state income tax – a favorite proposal of Democrats, but a concept loathed by the states Republican majority voters.

Hang on. It could be a bumpy campaign launch. 

The invasion of the Black Hills by dirty hippies continues to move forward, and continues to generate news stories over the clashes between the hippie “tribe” and area Native Americans. From the Daily Beast, a story titled “Lakota Warriors Vow to Crush Dirty Rainbow Hippies”:

“We don’t want you here. You have no f—king respect for Lakota people!” the 54-year-old Native American yelled into a mic attached to his truck. His T-shirt bore another message: portraits of warriors who had shellacked the U.S. Army in the Battle of Little Bighorn, alongside the words “Original Homeland Security.”

and…

Swan is not a tribal council representative and does not speak for the Sioux. That isn’t stopping him from fighting the Rainbow Family of Living Light, a counterculture group that’s held annual gatherings in national forests every July since 1972 to pray for world peace—and deliver drugs, nudity and sometimes murder and other crimes in their wake.

and..

Swan said Rainbow Family adherents tried to soften him up by saying, “We’re just like you, [but] the government doesn’t recognize us as a tribe.”

“You’re not a tribe,” Swan added. “You’re fricking fruitcake people.”

Read that all here.

Yes. I’m sure calling themselves a tribe helped to smooth over matters.

The hippies are also in the Rapid City Journal again today, as their war of words with James Swan continues on, and the Hippies claim that they don’t condone the use of drugs…… but some of their members apparently didn’t get the memo.

And Bonus! They discussed their hygiene habits!:

Members of the Rainbow Family held a question and answer meeting with area residents in Hill City on Tuesday evening to address the concerns that some might have. There was a sense of unease from some residents, who voiced concerns on a variety of topics, including the extent of drug usage at the gathering, how laws would be enforced at the gathering, their general hygiene habits, if they would destroy the forest and whether it would have an impact on the tourism industry that Hill City relies on.

“This is the 44th year we’ve been doing this, if we trashed the forest, we’d have been shut down years ago by the National Service,” Winslow said. “As with any gathering of people, there will be a few dissidents, but call other towns that have hosted us, they’ll all tell you that it was a positive experience.”

He also said the Rainbow Family does not condone the sale or usage of drugs.

and..

James Swan, also a member of the Strong Heart Warrior Society, appeared at the meeting and was visibly angry with the members of the Rainbow Family. He loudly said they were violating tribal land and he threatened to “serve them an eviction notice” and “kick their asses out” if they weren’t gone in 48 hours. He left the meeting without waiting for a response.

and…

In Rapid City and Pennington County, officials have taken a firm hand with Rainbow gatherers so far, instituting a “no tolerance” policy on aggressive panhandling, and urging businesses owners to call police if trouble arises. Several arrests of people who said they came to the area for the Rainbow gathering were made in Rapid City last week on panhandling and drug charges.

Read it all here.

Why do I think this isn’t the last story we’re going to see on this?

from Today’s KCCR:

The “Ask The Senator” program will be an opportunity for Pierre area residents to ask questions to South Dakota Senator Mike Rounds.

If you have any question for Rounds, please send them to [email protected]. The half-hour program starts at 2:00 P.M. today.

Read it all here.

Implied consent – the long standing doctorine in South Dakota of automatic permission for a blood draw in DUI cases – has all but been voided by recent court cases:

Twice in the past year, the South Dakota Supreme Court ruled unanimously for defendants where blood was drawn without the person’s consent and without law enforcement officers getting a warrant first.

The court’s latest decision came two weeks ago, regarding the arrest of Eric Medicine by a Rapid City police officer on May 3, 2014.

The officer read from a DUI advisement card telling Medicine that any driver in South Dakota “has consented” to a blood draw and next asked that the driver “submit” to the draw.

and…

Jackley said his office has advised prosecutors and law enforcement officers since Fierro that DUI advisement cards aren’t a requirement any longer.

He said that the cards “while used with good intentions may give rise to unintended legal complications.” The preferred action now is to simply request consent.

Law enforcement officers can request warrants electronically from circuit judges and magistrate judges while at the scene of the pending arrest.

Read it all here.

Watch for revisions to the law from the next legislative session.

Keystone XL Pipeline certification public input session scheduled for July 6 

PIERRE, S.D. – The South Dakota Public Utilities Commission will hold a public input session on Monday, July 6, 2015, to hear comments about the construction permit certification for the South Dakota portion of the Keystone XL Pipeline proposed by TransCanada Keystone Pipeline, LP. The session begins at 5:30 p.m. CDT in Room 414 of the State Capitol in Pierre and will adjourn no later than 8:30 p.m.

Individuals offering oral comments to PUC Commissioners Chris Nelson, Kristie Fiegen and Gary Hanson should be prepared to follow these guidelines:

• · A commenter must state his/her name, address and organization, if any.
• · In order to provide equal speaking opportunity, a five-minute time limit will be allowed for each commenter. A commenter may not yield remaining time he/she may have to another speaker.
• · Commenters should not read published documents, such as reports or newsletter articles, as part of their verbal comments but rather submit those items to the commission to become part of the public record for this docket.

The PUC will accept written comments at any time, including at the public input session. Public comments must include the commenter’s full name and address and should include the docket number (HP14-001) or the project name, as well as the commenter’s email address and phone number, if available. These comments can be sent to [email protected]; PUC, 500 E. Capitol Ave., Pierre, SD 57501 or delivered to the PUC at the public input session. The comments will be filed in the docket.

An evidentiary hearing for the Keystone XL Pipeline construction permit certification is scheduled for July 27 – Aug. 4, 2015, in the State Capitol in Pierre.

The complete docket is available on the PUC website at www.PUC.SD.gov, Commission Actions, Commission Dockets, Hydrocarbon Pipeline Dockets, 2014 Hydrocarbon Pipeline Dockets. The docket is 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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