Category: Uncategorized

Just caught this picture of my cousin’s house down in Lehigh, Iowa:

That’s just nuts. Although, it’s not their first rodeo with this stuff, as they’ve done a lot to largely “flood-proof” their home, which includes actually letting it fill the basement to a point. As she relates the family has to “let it fill so far or the water pressure would blow out the walls.”

Please keep everyone in your thoughts as they do battle with mother nature.

Most of my day job (in insurance claims) is out-of-state, so I’m not dealing with much of it. A couple of tips I would offer for affected home & business owners as found on the NFIP – National Flood Insurance Program website provide some good information about flood insurance:

The news is out that hand-counting of ballots this last primary was officially a bust, as the hand-tabulators in McPherson County took two audits to get it right:

Hand-counting all of the June 4 primary ballots in McPherson County proved the process is a waste of time and money.

That was the take of McPherson County State’s Attorney Austin Hoffman after a secondary audit of ballots on Tuesday.

and..

The hand-counting resulted in four missed ballots (eight missed tallies) in the District 23 House Republican primary, Hoffman said.

“In my view, that’s not acceptable for an actual election,” he said.

Hoffman said concerns about vote tabulators have “no merit whatsoever.”

Read the entire story here.

Rounds, Lankford, Colleagues Urge Biden to Immediately Rescind Amnesty Order

WASHINGTON – Senators Mike Rounds (R-S.D.) and James Lankford (R-Okla.), along with several of their colleagues, sent a letter to President Joe Biden to express concerns regarding his Executive Order that would offer amnesty to illegal aliens who are unlawfully present in the United States.

Earlier this month, President Biden announced an executive order that would offer amnesty to undocumented immigrants married to American citizens. This order would allow these individuals who have lived in the U.S. for 10 or more years to remain in the U.S. and receive lawful permanent resident visas. It is estimated that over 500,000 undocumented spouses would be eligible, along with nearly 50,000 children of these immigrants.

“We have previously challenged the legality of your Administration’s parole authority and have sought to reform this authority to ensure that decisions regarding parole are restored to Congress’ original intent – “on a case-by-case basis” to aliens who are not already present in the US,” wrote the senators. “Under your Administration, the parole authority has been unlawfully used to circumvent screening and vetting, mass parole of illegal aliens after the cartels surge caravans at the border, and to circumvent normal refugee processing. These actions undermine the immigration laws Congress has passed, and they have eroded the rule of law at our southern border.”

“Border security is national security, and our adversaries will continue to take advantage of the chaos your Administration created by announcing this policy. We urge you to rescind this policy immediately and focus your efforts on securing our border against the cartels and adversaries who will welcome this chaos,” concluded the senators.

Rounds and Lankford were joined on this letter by Senators John Thune (R-S.D.), Mitt Romney (R-Utah), Ted Budd (R-N.C.), Roger Wicker (R-Miss.), Kevin Cramer (R-N.D.), John Cornyn (R-Texas), John Kennedy (R-La.), Shelley Moore Capito (R-W.Va.), Joni Ernst (R-Iowa), Deb Fischer (R-Neb.), John Hoeven (R-N.D.), Jim Risch (R-Idaho), Mike Crapo (R-Idaho) and Thom Tillis (R-N.C.).

Read the full text of the letter HERE or below.

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Dear President Biden:

We write today to express our grave concerns regarding your proposal to offer amnesty to illegal aliens who are unlawfully present in the United States. This action directly contravenes the laws Congress has passed, and it will throw fuel on the fire of the ongoing border crisis.

We have previously challenged the legality of your Administration’s parole authority and have sought to reform this authority to ensure that decisions regarding parole are restored to Congress’ original intent—“on a case-by-case basis” to aliens who are not already present in the US.  Under your Administration, the parole authority has been unlawfully used to circumvent screening and vetting, mass parole of illegal aliens after the cartels surge caravans at the border, and to circumvent normal refugee processing. These actions undermine the immigration laws Congress has passed, and they have eroded the rule of law at our southern border.

Parole was never intended as a mass amnesty. Your actions fly in the face of the clear reading of the law. Due to reckless policies, your Administration has encountered more illegal aliens at the southern border than the Obama administration and Trump administration combined. DHS recently promulgated regulations that appear to tighten the border, but the implementing policy guidance, the DHS website, and the border data since implementation show what all Americans know—the border remains wide open.

Since day one of your Administration, you have rolled back measures that would have secured our border, including the Remain in Mexico program, the asylum cooperative agreements, and the ICE enforcement priorities that prevent the deportation of most illegal immigrants. These actions and many others have invited the chaos that is present at the border and in communities across the country.

Numerous inspector general reports, Government Accountability Office reports, and news reports have shown that DHS has been so overwhelmed by the border crisis that it has been unable to vet the illegal immigrants who cross our border. CBP encountered nearly 180,000 illegal immigrants at the border in April 2024. This would have been a record had your Administration not previously set records for the highest October, November, and December earlier this fiscal year.

ICE just arrested 8 illegal aliens who have known ties to ISIS-K, and news reports have stated that ICE personnel have been told to be prepared for more arrests of ISIS affiliates. Our border security apparatus has failed because the volume of illegal aliens crossing the border has overwhelmed DHS’s ability to vet each individual that is in DHS custody.

This week’s action doubles down on your Administration’s message to the world that the America will not enforce the law at the southern border.

Border security is national security, and our adversaries will continue to take advantage of the chaos your Administration created by announcing this policy. We urge you to rescind this policy immediately and focus your efforts on securing our border against the cartels and adversaries who will welcome this chaos.

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Guest Column: Yearning for an Uprising (Graphic Novel Review)
by Thomas E. Simmons

I picked out an interesting book from the “just released” shelf in my local public library this week titled Woman Life Freedom (Seven Stories Press 2024).

Its marketing is a little misleading. To claim the book was “created by Marjane Satrapi” as its cover proclaims suggests that it is a new graphic novel by the creator of Persepolis, a memoir which tells of the author’s upbringing in Tehran during the Iranian Revolution and Iran-Iraq War. It’s widely acclaimed. It’s been translated into over 100 languages.

But Satrapi offers only a brief preface and six-page introduction to Woman Life Freedom. It’s not even clear whether she contributed as an editor (in a notation buried at the end of the book is the assertion that Satrapi helped organize the editorial committee). But be that as it may. This is an excellent book.

“Woman – Life – Freedom!” is probably a catchier slogan in the original Kurdish: “Jin – Jiyan – Azadî!” The slogan was used by Kurdish activists even before the murder of Masha “Jina” Amini by Iranian morality police in September of 2022. Jina was detained for the infraction of wearing her headscarf somewhat askew, then beaten so severely that she died of blunt force head trauma in police custody three days later. Her murder set off a wave of protests. Those protests are the subject of this book.

It is a collection of twenty-three comics and illustrated pages by artists and writers like Paco Roca, Hippolyte, and Pascal Rabaté. Each reads like a real-life 1984. It’s chilling but also inspiring. Freedom is always worth fighting for.

Muslim women showed enormous courage in the protests which followed Jina’s murder. They marched, they chanted, and they removed their headscarves in public displays against the Iranian oligarchy. Many were arrested. If and when they reappear, they appear docile, as if they’ve had a change of heart. In a comic strip by Mana Neyestani and Farid Vahid, the captions explain:

Regularly, one of the protesters or revolutionaries arrested will appear on television, confessing and repenting before the camera.

Although by now, everyone knows under what conditions such confessions are made.

The panel accompanying the narration shows a woman chained to a stool facing a man pointing a combination long-barreled gun and movie camera in her face. To the side stands an older woman holding a microphone boom over the detainee’s bowed head.

The next panel shows the older woman again, this time in a close-up. The captions introduce her as “Fati” who “helps to extract confessions.”

Next, the comic strip shows a grinning Fati tapping away at a dozen different cell phones, spreading false information through social media as “part of the regime’s cyber army.” She types:

• mn235iran: All lies. IsFahan is quiet, no one in the streets.
• lli87victory: All lies. Chiraz is quiet, no one in the streets.
• kurdl249: All lies. Mashhad is quiet, no one in the streets.

By actively spreading falsehoods, the oligarchy fosters distrust, encourages paranoia, and de-unifies the opposition. It’s the playbook of every tyranny.

Woman Life Freedom is an excellent book. Predictably, some of the chapters resonate more than others, but the varied voices organized around a common theme demonstrate the kind of unity necessary to overthrow a repressive despotism.

The legal restraints the Islamic Republic of Iran imposes on women are especially repressive. Their speech, their dress, and their movements are constrained. The feminist movement that is taking to the streets and risking their lives has inspired liberty-lovers across the globe. It’s a movement that deserves our support. After all, freedom is always worth fighting for.

Thomas E. Simmons
University of South Dakota Knudson School of Law
Vermilion, SD

Attorney General Jackley Warns Public About Flood-Related Scams

PIERRE, S.D. – South Dakota Attorney General Marty Jackley warns residents impacted by the flooding in southeast South Dakota to be careful about flood-related scams involving fraudulent home repairs and charity appeals.

“These are the times when scam artists prey on those dealing with natural disasters,” said Attorney General Jackley. “They will try and take advantage of South Dakotans’ generosity and say anything to convince you to give them money.”

Attorney General Jackley encourages the public to work with contractors and charities that they know. The Attorney General Office’s Consumer Protection Division also recommends these steps:

• Do not give into high pressured sales tactics.
• Be cautious with contractors who solicit business door-to-door.
• Always get any repair work, construction orders and other types of contracts in writing with expected cost estimates.
• Compare written bids from several contractors prior to signing a contract.
• Never pay for the entire job upfront and withhold the final payment until the work is done to your satisfaction.
• Don’t take a contractor’s word that your insurance company will cover the damage. Check directly with your insurance company.
• When it comes to charities, give a donation to a local organization that you know.
• If you have questions about a business or charitable organization, telephone them first to make sure they are legitimate.
• Talk to someone you can trust before you provide money or personal information to someone who contacts you.

Consumers who believe they may have been a victim of any type of scam should contact the Attorney General’s Office’s Consumer Protection Division at 1-800-300-1986 or at https://consumer.sd.gov/.

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Today, former Jones County GOP Chair Rocky Hayes pled “Nolo Contendere” or No Contest to a single felony count of possessing child pornography in Lincoln County court, according to UJS records.

The No Contest plea allowed Hayes to resolve the claims against him without admitting guilt, while conceding that the prosecution had sufficient evidence that he could be convicted should a trial move forward. As noted when charges were brought (via this article on Sioux Falls Live):

After confirming from Midco via subpoena that the IP address belonged to Hayes, investigators continued searching through his Dropbox account, where they found two other files believed to depict child pornography. One file was a 9-second video depicting a girl, estimated to be 13 years old, performing a sex act, and another 15-minute video of a girl, estimated to be 8-10 years old, being raped.

Read that story here.

After his “No Contest” plea, the judge issued an order for a psychosexual evaluation prior to sentencing. According to State Law,

Any person convicted of a felony violation as provided in subdivisions 22-24B-1(1) to (15), inclusive, and (19), (24) and (25), shall have included in the offender’s presentence investigation report a psycho-sexual assessment including the following information: the offender’s sexual history; an identification of precursor activities to sexual offending; intellectual, adaptive and academic functioning; social and emotional functioning; previous legal history; previous treatment history; victim selection and age; risk to the community; and treatment options recommended. 

Read that here.

For the Class 4 felony charge (22-24A-3) Hayes faces up to ten years imprisonment in the South Dakota State penitentiary.

SB 201 Referendum Would Take Away Property Tax Relief and Landowner Rights

(Pierre, SD) The SB 201 Referendum would repeal the Landowner Bill of Rights passed by the legislature and signed by the Governor last Session. Senate Bill 201 is called the Landowner Bill of Rights because it includes extensive benefits for landowners including property tax relief, indemnification, and annual compensation.  The Referendum is anti-landowner and anti-agriculture because it would strip away the property tax relief and landowner protections in
SB 201.

“If I were a pipeline company I’d be 100% supportive of repealing SB 201,” said Jason Glodt, founding member of the SD Ag Alliance. “I believe the sincerity of most of the SB 201 opponents.  However, I’m afraid what they’re selling doesn’t match the reality of what they are doing. They think they are going to stop a carbon pipeline, but the referendum does not address eminent domain and it won’t change federal law. If successful, they will simply repeal all of the landowner rights and property tax relief in SB 201 while the pipeline can still get built.”

“Repealing SB 201 will not stop carbon pipelines from being built in South Dakota,” said Rob Skjonsberg, founding Member of the SD Ag Alliance. “In fact, we believe carbon pipelines will pursue their project with or without landowner benefits found in SB 201.”

Landowner Bill of Rights

1. Compensation for Landowners: Requires carbon capture pipelines to pay landowners reoccurring annual payments of .50 cents per linear of pipeline through their property.
2. Compensation for Counties: Allows counties to collect an additional .50 cents per linear foot of pipeline that runs through their county for property tax relief.
3. Indemnity for Landowners: Requires pipeline companies to indemnify landowners for liability.
4. Minimum Burial Depth: Requires pipeline to be buried at least 4 ft deep, exceeding federal regulations of 3 ft.
5. Disclosure of Dispersion Models: Requires carbon pipeline companies to make dispersion modeling public.
6. Lifetime Drain Tile Repairs: Requires pipeline companies to repair any damage to drain tile
7. Impact Mitigation: Requires pipeline companies to file an impact mitigation plan.
8. Leak Liability: Makes carbon pipeline companies liable to the landowner for any damage caused by leaks.
9. Land Surveyors Must be from SD: Requires land surveyors be South Dakota residents.
10. Bans Perpetual Easements: Limits easements to a maximum of 99 years.
11. Information Disclosure: Requires carbon pipeline companies to report linear footage of pipes in counties and disclose if they claim a tax credit.

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Summit Carbon Solutions Granted Approval by IUB for CO2 Pipeline
Approval paves the way for new opportunities and support for Iowa’s farmers and ethanol producers.

AMES, Iowa (June 25, 2024) – Today, the Iowa Utilities Board (IUB) announced the approval of Summit Carbon Solutions base pipeline project (HLP-2021-0001). This approval represents a significant milestone not for just Summit Carbon Solutions, but for the entire agriculture industry as it seeks access to new and emerging markets, like sustainable aviation fuel, by lowering ethanol’s carbon intensity score (CI).

This comes on the heels of successful reapplication hearings for its Summit’s North Dakota pipeline permit in front of the North Dakota Public Service Commission (PSC).

“The momentum will continue as we prepare to file our South Dakota permit application in early July,” said Lee Blank, CEO of Summit Carbon Solutions. “We look forward to engaging with the state throughout this process and are confident in a successful outcome.”

Summit Carbon Solutions is partnering with 57 ethanol plants across five states and has signed voluntary easement agreements with 75% of Iowa landowners along this route. The company will continue to work with landowners every day.

Summit Carbon Solutions appreciates the Iowa Utilities Board’s fair and transparent handling of the pipeline permit proceedings.

About Summit Carbon Solutions

Summit Carbon Solutions is driving the future of agriculture by expanding economic opportunities for ethanol producers, strengthening the marketplace for Midwest-based farmers, and creating jobs. In developing the largest carbon capture and storage project in the world, the company seeks to connect industrial facilities via strategic infrastructure to store carbon dioxide safely and permanently in the Midwest United States. For more information, visit: www.SummitCarbonSolutions.com.

Gov. Noem Provides Supply Shortage Relief for Flooding Recovery

PIERRE, S.D. – Today, Governor Kristi Noem signed Executive Order 2024-05 granting an hours-of-service waiver for certain products being transported through South Dakota.

The 14-day order declares a state of emergency and exempts delivery of needed supplies in support of flood relief efforts from federal motor carrier regulations regarding drivers’ hours of service.

Although hours of service have been temporarily suspended for commercial deliveries, companies may not require or allow fatigued drivers to make deliveries. All other road safety and vehicle compliance regulations still apply.

The executive order expires at midnight on July 8, 2024.

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Governor Noem Signs Emergency Declaration for Storms and Flooding  

PIERRE, S.D. – Today, Governor Kristi Noem signed Executive Order 2024-04 declaring an emergency for the recent storms and associated flooding. State agencies have already been responding and will continue assisting local governments throughout the emergency.

“Even though the rain is slowing down, we need to keep vigilant. The worst of the flooding along our rivers will be Monday and Tuesday,” said Governor Kristi Noem. “Check SD511.org for updates on road conditions, and please reach out to your county emergency manager if you have immediate needs.”

The EO also issued a “no boating declaration” on the waters of Lake Alvin in Lincoln County, Lake Henry in Bon Homme County, Marindahl Lake in Yankton County, Menno Lake in Hutchinson County, and Swan Lake in Turner County, South Dakota.