Category: Uncategorized

In case you caught the comment thread from Representative Logan Manhart’s bewilderment that the interim rules committee passed a reduction of the speed limit in his county and he didn’t notice, there was a comment in there from State Senator “Sticky” Tom Pischke.

Which predictably garnered some eyerolling. But, after one innocuous comment about why people don’t take Tom seriously, he launched into a tirade where I don’t think that I’ve ever seen a South Dakota legislator address anyone like this, much less a South Dakotan. But he did:

That’s a South Dakota State Senator, calling a South Dakotan a “douchebag” and taunting him with a claim that “your wife said I was impressive too?”   Ew.

I know that’s not true, as “the wife” has been involved in politics and government for more than a decade. And she is well aware how classy Tom Pischke is. Unfortunately, it’s all low class.

Pischke later edited/deleted the later comment, but not before a screenshot was taken to be preserved for the ages.

Maybe he should not have tapped it out in the first place?

Facebook is the home for State Representative Logan Manhart’s latest focus of outrage as he is upset a speed limit was dropped in his county..

Unfortunately, he’s been a little too busy campaigning for Toby Doeden and declaring what kind of season it is to actually notice it was the legislature who did it. Unlike others in South Dakota who were quick to correct him:

The again, he wasn’t the only legislator who was griping about what the interim rules committee did.

SENATOR MIKE ROUNDS WEEKLY ROUND[S] UP: July 28 – August 3, 2025

We had another busy week out in DC as we continue to work on confirming the President’s nominees. While we also had our usual schedule of meeting with South Dakotans and attending hearings and briefings, I was honored to be invited to the White House by President Trump this past week to attend an event on Making Health Technology Great Again. The President and his administration are utilizing AI technology to improve access to patients’ electronic medical records. The information used in these records will make it easier for patients to be diagnosed using AI. As a co-chair of the Senate’s AI Caucus, I’m excited about the potential this has to save lives and improve the quality of life for those who voluntarily participate. Watch a clip from the event here, and read more on the rest of my week in my Weekly Round[s] Up:

South Dakota groups I met with: Dr. Ben Jones and Tyler Tordsen, who are both serving on South Dakota’s planning commission for America’s 250th birthday next year; Dr. José-Marie Griffiths, President of Dakota State University; and Billy Mawhiney and Malachi Nelson, leaders from the South Dakota Afterschool Network.

South Dakota towns represented: Madison, Rapid City and Sioux Falls.

Other meetings: Dr. Joseph Jewell, nominee for Assistant Secretary of Defense for Science and Technology; leaders from Rwanda; David Beck, nominee for Deputy Administrator for Defense Programs at the National Nuclear Security Administration; Christopher Pilkerton, nominee for Assistant Secretary for Investment Security at the Department of Treasury; Neel Kashkari, President of the Federal Reserve Bank of Minneapolis; and members of the American Council of Blind and American Foundation of the Blind.

I also co-hosted a dinner this past week for all of the former governors with my fellow former governor and current colleague Senator John Hickenlooper of Colorado. There are 12 of us in the Senate and we always enjoy reminiscing on what many of us consider to have been the best job in the world! I also attended our Senate Bible Study, where our verse of the week was Galatians 5:25, and our Senate Prayer Breakfast, where Senator Amy Klobuchar of Minnesota was our speaker.

Committee work: I attended two committee events. The first was a business meeting in the Senate Committee on Banking, Housing, and Urban Affairs. At this business meeting, we marked up and passed the Road to Housing Act out of committee. I had four of my bills included in this package of legislation addressing housing issues. Access to safe affordable housing is critical to the strength and future of our communities. I’m proud that my legislation became key provisions in this bill, including modernizing rural housing programs, cutting burdensome regulations and giving local communities more tools to address homelessness and housing shortages. View a full list of my bills and read more about this legislation here.

I also chaired a hearing this past week in the Senate Banking Committee’s Subcommittee on Securities, Insurance, and Investment, titled “Guardrails and Growth: AI’s Role in Capital and Insurance Markets.” The hearing examined how artificial intelligence is transforming financial services and Congress’ role in fostering innovation while promoting transparency and accountability. Read more here.

Briefings and markups: I attended four classified briefings this past week: one classified briefing as part of my work on the Armed Services committee, one as part of my work on the Subcommittee on Cybersecurity and two closed briefings in the Select Committee on Intelligence. I also attended another markup in the Senate Committee on Appropriations.

Legislation introduced: I reintroduced bipartisan, bicameral legislation to promote artificial intelligence (AI) innovation in the financial services industry. The Unleashing AI Innovation in Financial Services Act would direct financial regulatory agencies to create Innovation Labs for regulated entities to test AI projects, allowing them to experiment with cutting-edge technologies in a safe way. Read more about this bill here.

Votes taken: 63 – we confirmed an additional 18 nominees to the executive and judicial branch this week. We also passed three of our 12 appropriations bills. The Senate is finally making a return to regular order appropriations under Leader John Thune and Appropriations Chair Senator Collins’ leadership. This past week, the Senate passed the Milcon-VA, Agriculture and Legislative Branch appropriations bills, with $21.9 million for projects in South Dakota included. Glad to have worked on these as part of my first year serving on the Committee. Three bills down, nine to go!

My staff in South Dakota visited: Aberdeen, Chamberlain, Mitchell and Rosebud.

Steps taken: 54,580 steps or 24.64 miles.

Video of the week: I discussed our housing legislation with KOTA Territory News this past week:

Gov. Rhoden Announces District 1 House Appointment

PIERRE, S.D. – Today, Governor Larry Rhoden announced the appointment of Nick Fosness to represent District 1 in the South Dakota House of Representatives, effective immediately.

“Nick Fosness is a true South Dakotan. He believes in the importance of hard work, community and resilience – values that are essential to our state’s way of life,” said Governor Larry Rhoden. “I am confident that his leadership will help us keep South Dakota strong, safe, and free.”

Nick Fosness has extensive leadership experience, having served as the CEO of Marshall County Hospital Healthcare Center Avera for the last 13+ years. He is also the current Vice President and incoming Chair of the Board of Directors for the South Dakota Association of Healthcare Organizations. Aside from his healthcare and administrative background, Fosness spent nine years investing in education by serving on his local school board, seven of which he served as the President.

“I’m honored by Governor Rhoden’s faith in me, and I look forward to working on issues that help my neighbors,” said Nick Fosness.

Nick Fosness and his wife, Jenny, live in Britton, SD. Together, they have four children. You can find a photo of Nick Fosness here.

###

Former Senate President Pro Tempore Lee Schoenbeck has an interesting article in this months’ law review about the evolution of the role of Senate President Pro Tempore from being a functionary under the Lt. Governor to commanding the entire Senate.

This extensive and wide ranging review of the office also details several challenges the Senate has faced; including how the Senate functioned during disciplinary hearings for Senator Dan Sutton, Julie Frye Mueller, the impeachment of Jason Ravnsborg, and the Jessica Castleberry conflict of interest discussions among others.

For most of South Dakota’s history, the Executive Branch controlled the Senate. While the written history of when the change began is difficult to piece together, in 1969, Jim Abdnor, who was then the Lt. Governor, appointed members to standing committees. Later in life, United States Senator Jim Abdnor was my boss and friend. He recounted to me a story of a chairmanship appointment where he passed over a Senator from Sioux Falls, who, a decade later, still despised Abdnor when we were organizing the 1980 Abdnor United States Senate campaign.

In the 1970 gubernatorial general election, Democrat State Senator Dick Kneip unseated incumbent Republican Governor Frank Farrar, but Republicans maintained control of the Senate. When the Senate adopted the Rules in 1971, the Senate Journal reflected for the first time that the Majority Leader would control the committee appointments.4 This change is not surprising, as it was unlikely the Republican majority would have let Democrat Lt. Governor Bill Dougherty control organizing the Senate. At the time, the Democrats cried foul, calling it a “political railroad job.”

and..

The modern President Pro Tem office began with Senator Harold Halvorsen. The 1995 Senate Rule now provided the Pro Tem to assign seats12 and hire the Senate employees. While the committee appointment language in Senate Rule 7-1 didn’t change (the Pro Tem had been in the rule in 1994), the Pro Tem now exercised the appointment power. In 2001, the committee appointment rule again became Senate Rule 4-1 and was changed to remove the Majority Leader reference, who had not exercised the duties anyway since 1995.

The change in responsibility was largely unnoticed by many. I first served in 1995 and did not realize the shift until returning as a Senator and studying the process in 2003. In 1995, despite the rule language, Assistant Senate Majority Leader Jim Dunn assigned seats.

and..

I had already decided not to file for reelection and looked forward to quietly ending my Senate duties, but on October 11, 2006, the page’s father contacted me and lodged a formal complaint that his son had been sexually assaulted during the 2006 session by Senator Dan Sutton. I immediately contacted the Democrat Senate Minority Leader, Senator Gary Moore of Yankton, and we agreed to move forward on a bipartisan basis in any investigation. 

and..

In 2024, the Speaker of the House and I successfully implemented an independent human resources function in the LRC. Until the termination of the LRC Director in 2014, the LRC had been fortunate to have been led by stable, long-term directors. From 2014 until 2023, though, the LRC lacked that type of Director, and employment issues in the work environment abounded. The LRC had no formal HR process. In 2024, the E-board agreed to hire an independent HR consultant to address key HR areas: exit interviews, personnel complaints, and annual reviews of the LRC Director and the Auditor General. This much-needed assistance should allow for a stronger operational LRC in the future.

Go read the entire 20 page law review article here – well worth your time!

South Dakota Rep. Mellissa Heermann Named to 2025 CSG Henry Toll Fellowship Class
Prestigious national leadership development program’s newest class includes 48 leaders from 34 states and U.S. territories and all three branches of state government

LEXINGTON, Ky. (Aug. 4, 2025) — The Council of State Governments (CSG) has named South Dakota Rep. Mellissa Heermann among the 48 public servants from 34 states and U.S. territories selected to the 2025 class of the CSG Henry Toll Fellowship, the nation’s premier leadership development program for state government officials. Representing all three branches of state government, the selected Toll Fellows will gather in Lexington, Kentucky, Aug. 8-12 for the program’s 38th convening.

“I’m deeply honored to be selected as a 2025 Henry Toll Fellow. This is a rare and meaningful opportunity, and I’m truly grateful to be able to participate. I look forward to learning alongside exceptional public servants from across the country, and bringing back new knowledge to continue to advocate for District 7 and South Dakota.”

Heermann’s record of public service is marked by a deep commitment to community engagement. She began her civic leadership on the Lake Preston City Council and later served as Mayor. She went on to serve six years on the Brookings School Board, including four years in the leadership roles of Vice President and President.

Heermann was first elected to the Legislature in 2022 to represent South Dakota’s District 7, bringing two decades of leadership experience in manufacturing, health care and technology management, as well as local government. She serves on the House Education and House Local Government committees and sits on the Legislative Executive Board. As revenue cycle director at Brookings Health System, Heermann oversees departments involved in the revenue cycle such as patient access, MHI and billing.

Beyond her elected roles, Heermann remains actively involved in her community through meaningful volunteer work, consistently demonstrating a dedication to service in both professional and personal capacities.

Across the states, there are more than 1,400 graduates of the Toll Fellowship, including three sitting governors, three sitting lieutenant governors, five sitting secretaries of state, two sitting attorneys general, two sitting state treasurers, two sitting Senate presidents, four sitting state/territorial House speakers, seven sitting Supreme Court justices and more than 230 current state/territorial legislators.
“The challenges facing today’s state leaders are daunting and the pace of change is accelerating,” said CSG Executive Director/CEO David Adkins, a former Kansas state senator and 1993 CSG Henry Toll Fellow alumnus. “Now, more than ever, our nation needs state leaders who know how to bring people together to get stuff done. The CSG Toll Fellows are among our nation’s best leaders. I hope this program helps empower them to deliver results for the citizens they serve.”

Since 1986, CSG has welcomed a new class of CSG Henry Toll Fellows to its community of state elected and appointed officials for this immersive five-day training. Program sessions equip Toll Fellows to communicate, collaborate and lead more effectively — while fostering lasting, nonpartisan relationships.

Toll Fellows are selected through a competitive process led by program alumni, with nominations submitted by peers. Those selected participate in “graduate-level” programming that builds on CSG regional leadership development efforts.

The Fellowship honors CSG founder Henry Toll, a former Colorado state senator who was the driving force behind the organization’s creation in 1933. For more information on the CSG Henry Toll Fellowship, visit csgovts.info/ tolls or email toll@csg.org.

From my mailbox (-pp):

Huron, SD – August 4, 2025 – The Third Judicial Circuit Court of South Dakota, presided over by the Honorable Kent A. Shelton, has granted a preliminary injunction in the case of *Overskei Family Land LLLP, et al., v. School Board of Oldham-Ramona-Rutland School District 36-6, et al.* (39CIV25-71), halting the School District’s plans to issue further debt and proceed with construction activities. The ruling, issued on August 4, 2025, finds that the plaintiffs, a group of taxpayers, have a strong likelihood of success on the merits of their claims and meet all four legal criteria for injunctive relief.

The plaintiffs challenged the Oldham-Ramona-Rutland (ORR) School Board’s decision to finance a new school facility through capital outlay certificates and an opt-out election, alleging violations of South Dakota law. Judge Shelton’s memorandum opinion details four key legal points where the plaintiffs demonstrated a substantial likelihood of success:

1. Violation of Capital Outlay Certificate Statutes (SDCL 13-16-6.3):

The Court found that the School District’s two-phase issuance of capital outlay certificates, totaling approximately $14.7 million, appears to circumvent public notice and referendum requirements. By splitting the financing into multiple transactions, the School Board likely exceeded the legal threshold for procedural safeguards, frustrating the statute’s intent to limit substantial debt without voter approval.

2. Deficient Ballot Language and Inability to Lawfully Repay Debt:

The plaintiffs successfully argued that the September 17, 2024, opt-out election ballot failed to disclose the 21-year duration of the $700,000 annual tax levy, rendering it potentially invalid for authorizing long-term debt repayment. The Court noted that the omission of the duration in the ballot language, despite its inclusion in the School Board’s resolution, likely violates SDCL 10-12-43. Furthermore, this deficiency undermines the School District’s ability to generate sufficient revenue to repay the proposed $14.7 million in capital outlay certificates over 21 years, as required by SDCL 13-16-6 and SDCL 13-16-6.2, leaving taxpayers at risk of funding an unsustainable project.

3. Non-Compliance with Procurement and Contract Laws:

4. Violations of Public Contracting Requirements:

The plaintiffs demonstrated that the School District failed to comply with statutory requirements for selecting a construction manager at risk (CMaR) under SDCL 5-18A-29. The School District did not determine that CMaR services were in the public interest, failed to assess whether such services were duplicative of architectural or engineering work, and neglected to publish procedures for soliciting, evaluating, and awarding proposals before issuing the request for proposals. Additionally, the School Board approved significant guaranteed maximum price amendments, some worth millions, without public discussion, violating SDCL 13-20-1’s transparency requirements. These failures support the plaintiffs’ likelihood of success in proving the School District’s procurement process was unlawful.

In granting the preliminary injunction, Judge Shelton emphasized that the plaintiffs face irreparable harm, including the deprivation of their right to a public hearing and potential referendum, as well as the risk of financial liability for an incomplete project. The Court further found that halting the School District’s actions would not cause significant harm to the defendants, as any delays result from their failure to comply with statutory procedures. Finally, the ruling underscores the public interest in ensuring transparency, voter participation, and adherence to laws governing public funds.

Statement from Lead Plaintiff, Overskei Family Land LLLP:

“We greatly appreciate the courts ruling and timely response to our alleged violations. As landowners, all we ask is that South Dakota laws are followed and that we are granted our judicial rights to be informed and have input on a project of this magnitude. This ruling protects our community’s voice and ensures accountability in how public funds are managed.”

The preliminary injunction pauses further debt issuance and construction activities pending a full hearing on the merits. The Court denied the School District’s motion for summary judgment, affirming the plaintiffs’ standing and the strength of their legal arguments.

This was an interesting PAC filing that was made recently, forming the “Strong Safe & Free PAC” as fronted by State Representative Mike Derby, and State Senator Arch Beal:

Strong Safe & Free Pac by Pat Powers on Scribd

But… whoa, whoa, whoa.. (as Arch might say when poking an annoying lobbyist) there’s more. A WinRed fundraising page, complete with logo, seems to be shedding more light on the purpose of this PAC than the filing made on July 15th did:

The fundraising plea directly associates the PAC with Governor Larry Rhoden. Despite a website – www.strongsafefree.com – being listed on the filing with the SOS, the page actually leads to a currently blank GoDaddy landing page. But, this WinRed page seems to shed some light on what the two legislators intend to do with the campaign cash.

Does this mean an “official” announcement regarding the Governor jumping into the race for the seat he currently occupies might be getting closer? Could be.

Attorney General Jackley, DCI Rule July 7  Sioux Falls Police Department Officer Involved Shooting Justified

PIERRE, S.D. — South Dakota Attorney General Marty Jackley announces that a South Dakota Division of Criminal Investigation (DCI) review has determined that Sioux Falls Police Officers were justified in the use of force during an incident that occurred July 7, 2025, in Sioux Falls.

“The suspect fired a handgun at the law enforcement officers, and there was a clear and present danger to the officers’ safety,” said Attorney General Jackley. “The officers took action to protect themselves and others.”

The incident started when law enforcement officers were attempting to find Deondre Gene Black Hawk, 24, who was wanted on multiple warrants on burglary and drug charges. He was on probation and had been identified as a suspect in an aggravated assault on Sunday, July 5, in Sioux Falls where a female was shot.

Three Sioux Falls Police Officers made contact with Black Hawk in the 100 block of South Garfield Avenue. Black Hawk ignored officers’ commands to stop and fled on foot. During the pursuit, Black Hawk fired a handgun at two of the officers. All three officers returned fire, striking Black Hawk multiple times. He was hospitalized with non-life-threatening injuries.

None of the officers were injured. The gun used by Black Hawk was recovered at the scene.

DCI processed the crime scene, conducted a forensic examination of all collected evidence, interviewed those involved, and reviewed all available video.

Testing of Black Hawk’s blood and urine showed he had a blood alcohol content of .120 percent and also tested positive for Delta-9 THC, methamphetamine, and amphetamine. The tests were a combination of State Forensic Laboratory testing and medical records.

Test results showed that the three officers did not have alcohol or drugs in their systems.

Black Hawk faces 13 charges in Minnehaha County for this incident. There are two counts of Attempted First Degree Murder of a Law Enforcement Officer, six counts of Aggravated Assault of a Law Enforcement Officer, four counts of Committing a Felony While Carrying a Firearm, and one count of Possession of a Firearm with a Prior Felony Drug Conviction. At the time of the incident, Black Hawk was on probation for Possession of a Controlled Substance and had three active warrants related to convictions for Second Degree Burglary, Possession of a Controlled Substance, and Ingestion of a Controlled Substance.

The Attorney General and DCI thank the South Dakota Forensic Laboratory, the Minnehaha County Sheriff’s Office, Minnehaha County State’s Attorney, and Sioux Falls Police for their assistance.

This is the fifth Officer Involved Shooting in South Dakota this year.

DCI’s summary of the July 7 investigation can be found here: https://atg.sd.gov/docs/July%207%202025%20OIS%20SFPD.pdf