I think every time I appear in the Argus, my picture should be that huge.

Good Lord! Are they trying to scare the rats in the basement!?! I think every time I appear in the Argus, my picture should be that huge!

scary_picture

… I think I had a razor burn or zit or something on my chin when this was taken…. Seriously, I know it’s what I sent them, and they just plugged it into their web site. But I don’t think I was prepared to review every blemish in my skin!

And yes, I’m writing about the offensive House Bill 1076, and encouraging legislators to reject it.

Is Senate Bill 95 the answer to the Bosworth problem?

Here’s the promised election petition reform bill, which would allow for candidacies to be registered for a fee, as opposed to having petitions circulated.

SENATE BILL NO. 95

Introduced by: Senators Otten (Ernie), Monroe, and Tidemann and Representatives Werner, Bolin, Deutsch, Gosch, Heinemann (Leslie), and Qualm

FOR AN ACT ENTITLED, An Act to allow certain candidates for elective office to pay filing fees in lieu of submitting nominating petitions, and to create the election filing fee fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 12-6 be amended by adding thereto a NEW SECTION to read as follows:
    In lieu of a nominating petition required pursuant to § 12-5-1.4, 12-6-4, or 12-6-7, a candidate for the United States Senate, the United States House of Representatives, Governor, or for office in the State Legislature may, within the time limits established for the submission of nominating petitions, submit to the secretary of state a notice of candidacy with the election filing fee in an amount equal to one percent of the annual salary of the office sought as it exists on January first of the year of the election. The form of the notice of candidacy shall be prescribed by the State Board of Elections. The secretary of state shall deposit any election filing fees collected into the election filing fee fund established in section 4 of this Act.
    The candidate shall file the notice of candidacy and pay the election filing fee at the same time. The candidate may pay the election filing fee in cash or by credit card, money order, orwire transfer. Once paid, the election filing fee may not be refunded.
Section 2. That § 12-6-11 be amended to read as follows:
12-6-11. It shall be the duty of the The secretary of state, as soon as the time for filing nominating petitionsin his office or notices of candidacy has passed, shall immediately to certify to the several county auditors of the state the names of the persons in whose behalf nominating petitions or notices of candidacy have been filed in his office as candidates for each political party separately, with including the name of the office for which each person is a candidate, and. The secretary of state shall provide the candidate information separately for each political party and also certify the color, style and form of the official primary election ballot of each political party.
Section 3. That chapter 12-7 be amended by adding thereto a NEW SECTION to read as follows:
    In lieu of a certificate of nomination required pursuant to § 12-7-1, an independent candidate for the United States Senate, the United States House of Representatives, Governor, attorney general, secretary of state, state auditor, state treasurer, commissioner of school and public lands, public utilities commissioner, or for office in the State Legislature, who is not nominated by a primary election or by political party convention, may, within the time limits established for the submission of certificates of nomination, submit to the secretary of state a notice of candidacy with the election filing fee in an amount equal to one percent of the annual salary of the office sought as it exists on January first of the year of the election. The form of the notice of candidacy shall be prescribed by the State Board of Elections. The secretary of state shall deposit any election filing fees collected into the election filing fee fund established in section 4 of this Act.
    The candidate shall file the notice of candidacy and pay the election filing fee at the same time. The candidate may pay the election filing fee in cash or by credit card, money order, or wire transfer. Once paid, the election filing fee may not be refunded.
Section 4. That the code be amended by adding thereto a NEW SECTION to read as follows:
    There is hereby created within the state treasury the election filing fee fund for the purpose of providing funds for the operation of election services within the Office of the Secretary of State. Any money in the fund is continuously appropriated to the Office of the Secretary of State.
Section 5. That the code be amended by adding a NEW SECTION to read:
    The effective date of this Act is January 1, 2017.

This measure would allow for elections filing fees to be paid in lieu of petitions being circulated.

What do you think? Yea, or Nay?

It would certainly prevent the Bosworth problem from occurring again. And it’s done in other states

Controversial, and likely unconstitutional urine testing measure HB 1076 in committee tomorrow.

House Bill 1076, a bill to blanket pee-test food stamp recipients which has been held as unconstitutional in Florida, has the first hearing for the measure in front of the House Health and Human Services committee tomorrow morning at 7:45 AM in room 412 of the State Capitol.

The controversial bill, which is criticized yet again in the Rapid City Journal this morning, is being heard in a committee the prime sponsor, Lynn DiSanto, sits as part of. 

Watch for this hearing to be good political theater. It’s a hotly contested topic and we’ll get to hear its sponsors try to argue that the expansion of government and assumption of ‘guilt until innocence is proven’ is somehow a conservative principle.

The District 28 swap-out. Maher to return to Senate

Former District 28 Senate Republican Ryan Maher turned in petitions yesterday to become “new” District 28 Senate Repubican candidate.

Maher is said to be replacing Betty Olson who is passing on running for another term in the State Senate after a long career in the State Legislature. 

Maher, who originally started out as a Democrat, came home to the GOP in 2010, and has been consistently one of its most conservative members.

Interestingly, Maher’s colleagues always thought he was in the wrong party to start:

…Maher landed the support of Senate GOP head Russ Olson of Wentworth, and was given the post. Olson now says he knew Maher was truly a Republican five minutes after meeting him.

And…

As for his party switch, Maher said was a pretty natural process, though he doesn’t give himself over completely to GOP values either.

“I didn’t buy into the Democratic philosophy. My voting record shows I don’t really buy into the Republican philosophy. I’m more of a libertarian. It’s like the ranchers out there — independents,” Maher said.

Olson said he’s never had any question about Maher’s political beliefs

“As a legislator, Ryan has always been a true conservative with his voting. I believe the John Birch Society had him ranked consistently more conservative than most Republicans, including me,” Olson said. “Ryan has been a fine legislator, whether he was registered as a Democrat or Republican.”

Read it all here.

Ryan is a good egg, and it will be great to see him back in Pierre.  

The only sad thing is Senator Betty Olson giving up another run. Agree or disagree with her, Betty has always been entertaining, and a dose of reality in a legislature that gets too caught up in politics at times.

2 out 2 South Dakota Catholic Bishops agree – Thou shalt pass House Bill 1008

Here’s something that found it’s way to me regarding House Bill 1008, the measure to restrict access to certain restrooms and locker rooms in public schools. South Dakota ACLU is opposing it, but in this game, I’ll see their liberal organization, and raise them a pair of Bishops:

Joint Statement on HB 1008_January 2016

Stipulating that access to facilities based on the gender of birth protects all students and preserves our religious liberty and upholds our protected freedom of conscience. If special provision is needed for individuals, that can be accommodated as the legislation encourages. Exemption for religious schools is not sufficient because accommodation policies apply to all Catholic students, whether enrolled in parochial or public schools. Additionally, as we remain mindful that litigation can come from every side of any issue, threat of litigation ought not to drive policy decision-making but rather what is best for the common good.

We encourage the passage of HB 1008 to protect the rights and dignity of all of our young.

That’s a pretty clear statement coming from the leaders of the Catholic flock in South Dakota.  How do you think this will affect the debate over the issue?

House Bill 1107: Freedom of religion bill filed in legislature.

The long anticipated, and at least the first, freedom of religion measure has now been filed in the State Legislature, in this, the first legislative session coming after the Supreme Court’s legalization of same-sex marriage:

HOUSE BILL NO. 1107

Introduced by: Representatives Craig, Bolin, Brunner, Deutsch, DiSanto, Gosch, Greenfield (Lana), Heinemann (Leslie), Hunt, Klumb, Latterell, Marty, Mickelson, Novstrup (Al), Otten (Herman), Partridge, Peterson (Kent), Qualm, Rasmussen, Stalzer, Verchio, Wiik, Willadsen, and Wollmann and Senators Greenfield (Brock), Curd, Ewing, Fiegen, Haggar (Jenna), Heineman (Phyllis), Holien, Jensen (Phil), Monroe, Novstrup (David), Olson, Omdahl, Otten (Ernie), Rampelberg, Shorma, and Van Gerpen

FOR AN ACT ENTITLED, An Act to ensure government nondiscrimination in matters of religious beliefs and moral convictions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

Section 1. That the code be amended by adding a NEW SECTION to read:

Terms used in this Act mean:
(1) “Person,” any individual, corporation, company sole proprietorship, partnership, society, club, organization, or association, except the term does not include medical providers, hospitals, clinics, hospices, nursing homes, or residential custodial facilities with respect to visitation, recognition of a designated representative for health care decision making, or refusal to provide life-saving and emergency medical treatment necessary to cure an illness or injury;
(2) “State,” any department, commission, board, agency, or agent of the state; any
political subdivision of the state or any department, commission, board, agency, or agent of a political subdivision of the state; or any individual or entity acting under color of state law;
(3) “State benefit program,” any program administered or funded by the state, or by an agent on behalf of the state that provides cash, vouchers, payments, grants, contracts, loans, or similar assistance to a person.

Section 2. That the code be amended by adding a NEW SECTION to read:
Notwithstanding any provision to the contrary, the state may not take any discriminatory action against a person, wholly or partially, on the basis that the person believes, speaks, or acts in accordance with a sincerely held religious belief or moral conviction that:
(1) Marriage is or should only be recognized as the union of one man and one woman;
(2) Sexual relations are properly reserved to marriage; or
(3) The terms male or man and female or woman refer to distinct and immutable biological sexes that are determined by anatomy and genetics by the time of birth.

Section 3. That the code be amended by adding a NEW SECTION to read:
For purposes of this Act, a discriminatory action is any action the state takes that:
(1) Alters the tax treatment; assesses any tax, penalty, or payment against; or denies, delays, revokes, or otherwise makes unavailable an exemption from taxation to a person;
(2) Applies a fine, penalty, or payment against a person;
(3) Disallows, denies, or otherwise makes unavailable a state tax deduction for any charitable contribution made by or to a person;
(4) Withholds, reduces, excludes, terminates, denies, materially alters the terms or conditions of, or otherwise makes unavailable any state grant, contract, subcontract,
cooperative agreement, guarantee, loan, scholarship, diploma, grade, recognition, license, certification, accreditation, employment, or other similar benefit, position, or status from or to a person;
(5) Withholds, reduces, excludes, terminates, denies, or otherwise makes unavailable any entitlement or benefit of a state benefit program, including admission to, equal treatment in, or eligibility for a degree from an educational program from or to a person;
(6) Withholds, reduces, excludes, terminates, denies, or otherwise makes unavailable access or an entitlement to state property, a facility, an educational institution, a speech forum, or a charitable fund-raising campaign from or to a person; or
(7) Investigates or initiates an investigation, claim, or administrative proceeding against a person if that person would not otherwise be subject to the investigation.

Section 4. That the code be amended by adding a NEW SECTION to read:
The state shall recognize the accreditation, license, or certification of any person that would be accredited, licensed, or certified under state law but for a determination against the person wholly or partially on the basis that the person believes, speaks, or acts in accordance with a sincerely held religious belief or moral conviction described in section 2 of this Act.

Section 5. That the code be amended by adding a NEW SECTION to read:
A person may assert a violation of this Act as an action or defense in any judicial or administrative proceeding and may obtain compensatory damages, injunctive relief, declaratory relief, or any other appropriate relief. Standing to assert an action or defense pursuant to this section is governed by the general rules of standing in this state.

Section 6. That the code be amended by adding a NEW SECTION to read:
Notwithstanding any other provision of law to the contrary, a person may commence an action and the court may grant relief, pursuant to section 5 of this Act, without regard as to whether the person commencing the action has sought or exhausted available administrative remedies.

Section 7. That the code be amended by adding a NEW SECTION to read:
In any action or proceeding to enforce the provisions of this Act, a prevailing party who establishes a violation of this Act may recover reasonable attorney’s fees and costs.

Section 8. That the code be amended by adding a NEW SECTION to read:
Nothing in this Act may be construed to prevent the state from providing either directly or through a person not seeking protection under this Act, any benefit or service authorized under state law.

Section 9. That the code be amended by adding a NEW SECTION to read:
The protection of free exercise of religious beliefs and moral convictions afforded by this Act are in addition to the protections provided under federal law, state law, and the state and federal constitutions. Nothing in this Act may be construed to preempt or repeal any state or local law that is equally or more protective of free exercise of religious beliefs or moral convictions. Nothing in this Act may be construed to narrow the meaning or application of any state or local law protecting free exercise of religious beliefs or moral convictions.

I have a note out to the prime Sponsor, State Representative Scott Craig, regarding his reasoning/talking points for the introduction of the bill, and I’ll post those as soon as they’re available. In the meantime, what do you think?