Category: Uncategorized

Attorney General Jackley Joins Amicus Brief For SCOTUS In Support of Second Amendment 

PIERRE, S.D. – South Dakota Attorney General Marty Jackley has joined a group of 26 Attorneys General in filing an amicus brief requesting that the U.S. Supreme Court overturn Illinois’ ban of AR-15 rifles.

The U.S. Court of Appeals for the Seventh Circuit ruled that the Illinois gun ban was constitutional. The court stated that the plain text of the Second Amendment of the U.S. Constitution does not include AR-15’s because the term “Arms” does not include “militaristic” firearms.

“This law violates the Second Amendment and common sense because it is based upon a gun’s appearance,” said Attorney General Jackley. “This is another effort to take away individual rights that are protected by the Constitution.”

Attorney Generals who also have joined the brief are from the states of Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, Texas, Utah, Virginia, West Virginia, Wyoming and the Arizona and Wisconsin Legislatures.

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Gov. Noem Signs Bills to Take Care of People 

PIERRE, S.D. – Today, Governor Kristi Noem signed HB 1224, which provides for the creation of an informational video and other materials describing South Dakota’s abortion law and medical care for a pregnant woman experiencing life-threatening or health-threatening medical conditions. A photo of Governor Noem signing the bill can be found here.

“This year, we did a fantastic job of keeping our focus on people, not government programs. The primary role of state government should always be to care for the people,” said Governor Noem. “These bills ensure the people of South Dakota are safe, healthy, and secure.”

Governor Noem also signed the following 10 bills to take care of people into law:

• SB 64 revises provisions related to the regulation of emergency medical services and associated personnel;
• SB 80 improves technology equipment for providers of elderly care and to make an appropriation therefor;
• SB 136 expands the scope of a physician wellness program;
• SB 170 repeals and replaces an appropriation regarding the South Dakota women’s prison;
• SB 171 makes and changes an appropriation related to the construction of the new state public health laboratory;
• SB 198 authorizes school districts and nonpublic schools to acquire and administer nasal glucagon;
• SB 209 makes an appropriation for grants to assisted living centers and nursing facilities for costs related to telemedicine;
• HB 1093 makes an appropriation to provide a grant for the construction of a facility to provide certain health facilities and services;
• HB 1098 provides free birth certificates to persons experiencing homelessness; and,
• HB 1131 waives certain fees for nondriver identification cards for individuals who are homeless.

Governor Noem has signed 214 bills into law this legislative session.

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Ill-advised Referendum Is Anti-Landowner and Anti-Agriculture

(Pierre, SD) A new ill-advised campaign committee was formed this week to launch a campaign to refer SB 201 passed by the legislature and signed by Governor Noem. The referendum is anti-landowner and anti-agriculture.

“Senate Bill 201 is a major victory for landowners, but if a referendum is successful the landowners will ultimately lose and Summit Carbon will still win because pipelines already preempt county ordinances,” said Jason Glodt, founding member of the SD Ag Alliance, “The bottom line is that a referendum can only kill the Landowner Bill of rights, it can’t stop federal preemption over county ordinances.”

“A referendum of SB 201 makes no sense because it would only hurt landowners by killing the Landowner Bill of Rights,” said Rob Skjonsberg, founding Member of the SD Ag Alliance. “If the referendum is successful Summit will just sue in federal court and win and landowners will get nothing.”

The large majority of landowners across South Dakota support the carbon capture pipeline project. Nearly 75% of the landowners on the proposed route have already signed voluntary easements and polling shows strong support across the state with Republican voters.

Last month, the South Dakota Ag Alliance released poll results showing a majority (55%) of Republican primary voters support carbon capture pipelines when landowners are given further protections and additional compensation.

When asked the question, “Would you support carbon capture pipelines in South Dakota, if the legislature provided for more protections and additional compensation for South Dakota landowners?”, Fifty-five percent of Republicans said yes. Twenty-two percent said no and twenty-three percent were undecided.

The poll was conducted by Co/efficient, a national research and analytics company that has done work in all 50 states. The poll included 1,017 likely Republican Primary voters.  It was conducted on January 30th and January 31st, 2024, using mobile text message responses and landline phone interviews. It has a margin of error of +/- 3.06%.  A poll memorandum is attached.

Senate Bill 201 passed the Senate 24-10 and the House 39-31. The legislation includes the most significant sections in Landowner Bill of Rights with extensive protections for landowners and millions of dollars of reoccurring payments for both landowners and counties. The package does not change local control over zoning.

 

Landowner Bill of Rights

1. Compensation for Landowners: Requires carbon capture pipelines to pay landowners $500 to access their land for surveying (HB 1185) and at least .50 cents per linear foot of pipeline through their property in the form of property tax relief (SB 201)
2. Compensation for Counties: Allows counties to collect $1.00 per linear foot of pipeline that runs through their county. At least 50% of the surcharge must be used for property tax relief for landowners on the route. The remaining revenue can be spent by counties at their discretion. (SB 201)
3. Indemnity for Landowners: Requires pipeline companies to indemnify landowners for liability. (SB 201)
4. Minimum Burial Depth: Requires pipeline to be buried at least 4 ft deep, exceeding federal regulations of 3 ft (SB 201)
5. Disclosure of Dispersion Models: Requires carbon pipeline companies to make dispersion modeling public. (SB 201)
6. Lifetime Drain Tile Repairs: Requires pipeline companies to repair any damage to drain tile (SB 201)
7. Impact Mitigation: Requires pipeline companies to file an impact mitigation plan. (SB 201)
8. Leak Liability: Makes carbon pipeline companies liable to the landowner for any damage caused by leaks.  (SB 201)
9. Land Surveyors Must be from SD: Requires land surveyors be South Dakota residents. (SB 201)
10. Easements Terminate if Not Used in 5 years: Easements for pipelines terminate if pipeline does not receive PUC permit in 5 years and terminates after 5 years of non-use. (HB 1186)
11. Bans Perpetual Easements: Limits easements to a maximum of 99 years (SB 201)
12. Information Disclosure: Requires carbon pipeline companies to report linear footage of pipes in counties and disclose if they claim a tax credit. (SB 201) Landowner will also receive results of survey and examination and contact information for person in charge of inspection. (HB 1185)
13. Mortgage Limitations: Protects landowners by restricting mortgages held by an easement holder so the mortgage only attaches to the easement holders rights and not to the land or obligate the property owner. (HB 1186)
14. Easements Must Be Written: Requires companies to put easements in writing. (HB 1186)
15. Survey and Access Limits:  Landowners reserve right to challenge the right to survey in circuit court. Landowners must be given 30 days written notice and include details about date, time, duration, location and contact information. (HB 1185)

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South Dakota Carbon Capture Memo by Pat Powers on Scribd

A new group has formed to oppose Senate Bill 201, the landowner bill of rights, passed by the South Dakota State Legislature and signed by Governor Kristi Noem recently:

South Dakota Property Rights and Local Control Alliance, which calls itself “an alliance of local citizens, property owners, and leaders at the county, township, and state levels,” announced its formation Friday.

The newly-formed group is opposed to South Dakota Senate Bill 201, a bill that allows counties to impose a $1 per linear foot annual surcharge on pipelines and establishes a “Landowner Bill of Rights.”

Read the entire story here.

This group wants to repeal the surcharge on pipelines, and the newly passed Landowner Bill of Rights by blocking the implementation of the measure and having people sign petitions to put it to a vote?

I guess there’s only one thing to say to that:

Two-time Sioux Falls area legislative candidate Cole Heisey is apparently switching gears in pursuit of public office, and instead of running for the State Legislature, Cole has decided he’s going to run for Minnehaha County Commission instead. Heisey, a former Neal Tapio for US House campaign worker, will be running for the at-large County Commission seat against Commission Chair Dean Karsky and Commissioner Jean Bender have terms ending in 2024.

Heisey’s record of a candidate is a bit rough. After his loss for House in the District 15 general election in 2020, placing 3th out of 4, Heisey was in District 12, where he fared even more poorly, placing 4th out of 5 in the District 12 Republican Primary.

Now, he’s running on a larger stage. Even larger than the one he shared with the state chapter of the Proud Boys in January of 2021:

Stay tuned.

 

Marquardt Seeks District 18 House Seat

YANKTON–Yankton County Commission Chairman John Marquardt announced today he is running for Legislature to represent District 18 in the State House of Representatives.

“When I first ran for county commission, I promised to work tirelessly for the citizens of Yankton County, and that is my commitment to our region as the district’s next House member,” said Marquardt. “I’m excited to bring my experience on the commission, family farm, and family business to the House. In Pierre, I’m going to fight for District 18, especially low taxes, public safety, education, and agriculture.”

As a member of the Yankton County Commission, Commissioner Marquardt has advocated for law enforcement, transparency, fiscal responsibility, and economic opportunities for all. In the Legislature, he will lean on his conservative principles to advocate for the Yankton area at the state level.

Born and raised on a family rural farm with his 11 siblings, John learned at a young age about hard work and customer service–honesty, kindness, and fairness–at a small country general store. John works at his family business–Marquardt Transportation. As head of special projects, he helps oversee maintenance, dispatch, hiring, safety, and logistics. John is the former president of St. John’s Lutheran Church of Yankton, former general manager at Upper Midwest Grain Elevators, and is the current Southeastern Area USA Softball Umpire in Chief.

Marquardt’s call to public service is tied to keeping South Dakota a wonderful place for his family and his neighbors. John and his wife, Gale, have three adult children and one granddaughter.

“I believe we can continue as a close, deeply rooted community that we value generation after generation without the sacrifice of forwarding progress,” said Marquardt. “We will make our community strong together. It’s for us to own, it’s for us to preserve.”

The Republican primary election is Tuesday, June 4, and the general election is Tuesday, Nov. 5, 2024. District 18 covers Yankton County and portions of western Clay County.

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The Minnehaha County Republican Party arose from their slumber long enough in the past few days to roll out announcements for a couple events, as they promote health freedom and homeschooling events on their website. But more interesting is their event calendar where they seem to be rebranding themselves with McGOP as a shorthand among the events promoting discussions over Convention of States and promoting Tonchi Weaver.

So, they’re having McGOP events and McGOP luncheons?  Looking at the events, you can’t help but notice that one thing they aren’t really promoting are actual Republican officeholders or candidates, opting instead for programs that don’t appeal to a broad base, but are all pet causes for the hard, hard right.

How how do you expand the base when you go to your next door neighbor, out watching kids in the yard, and say “Howdy Republican neighbor, would you like to hear more about the convention of states?”  You don’t.  Up here in my county, our Republican group is hearing from our legislators about session on Saturday, and our Public Utilities Commissioner Kristie Fiegen is speaking to the group on Monday at a local eatery. Which group might stand a chance of getting people in who might be more casual voters?

Pushing harder to the right to expand the fringe.  The new McGOP? I’m not lovin’ it.

 

REED SEEKS RE-ELECTION TO DISTRICT 7 SENATE SEAT

Tim Reed announced today his intention to seek re-election to the South Dakota Senate in Legislative District 7.

Reed stated: “It has been an honor to serve District 7 in the South Dakota House State Senate. I have enjoyed advocating for the citizens of District 7 and if re-elected. I will continue my work to positively affect policies for all citizens of South Dakota.”

After serving six years in the State House of Representatives, Reed is completing his first term in the State Senate. During those eights years he has served on multiple standing committees including Judiciary, Taxation, Energy and Commerce, Health and Human Services, Education and Local Government. For the past two sessions he served as chair of the Senate Local Government Committee.

In 2019, Reed was appointed to the Western Interstate Commission for Higher Education Legislative Advisory Committee. Tim has served as the Chairman of the Advisory Board for the Center for the Prevention of Child Maltreatment. Reed represents South Dakota on the Streamlined Sales Tax Governing Board and served as President in 2023. The Streamlined Sales Tax Governing Board works with members of the business community, state legislatures, and tax administrators to simplify and modernize the sales and use tax systems throughout the country to help make the collection of remote taxes as simple and burden-free as possible, while at the same time protecting state sovereignty.

Over the past eight years Reed was active with city and county government, South Dakota State University, economic development, mental healthcare, sex trafficking, and sexual assault victim assistance bills. He sponsored and successfully passed bills modifying courtroom practices to help child victims face their abuser, allowing school, city and county governing boards to go into executive session to discuss security plans, funding for a bio-products institute at the Research Park at SDSU, and publishing public notices on the internet.

In 2023 Reed was the prime sponsor for SB91, an act that brought justice to rape victims that did not consent to sexual activity. In 2024 he was the prime sponsor for SB98, an act that allows evidence of the perpetrator’s previous child molestation activity in court cases, making sure that sexual predators are put in jail and will not be able to reoffend. For his work bringing sexual predators to justice, Tim was awarded the 2024 Law & Order Legislative Award from the South Dakota State’s Attorneys Association.

Reed, a Republican, has served District 7 for eight legislative sessions. Before serving in the legislature, he served in Brookings City Government for 13 years including three terms as Mayor. He is a graduate of SDSU with a degree in Commercial Economics. After graduation, Tim worked in Supply Chain Planning, Information Technology, and College Development. Tim currently serves as the CEO for the Brookings Economic Development Company.

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Here’s a candidate filing I didn’t think I would see. And actually, I’m kind of shocked.

Filing this afternoon as a candidate for State Representative in District 12 is Manny Steele.  Manny Steele, previously served in the State House, representing Sioux Falls from 2007-2014, and then a single term starting in 2019.   And, I hate to bring it up, but he might literally be one of the oldest candidates that I’ve seen at 84 years old.

The only one who was older that I can immediately think of was Dorothy Kellogg, who ran as a placeholder for Watertown Democrats in 2012 at the age of 94 from the assisted living center, but didn’t get her withdrawal paperwork in on time.

Not saying he’s of advanced age, but Manny was born before polio vaccine, polyester suits and President Joe Biden (b.1942, at 81 years old).   If people think Biden is too old to be President, and that’s one of the arguments that might be coming from our side of the aisle, 84 might be kind of a tough sell.

If elections are about our future, maybe an argument can be made that Manny is a person with a vision of South Dakota 20 years from now? Maybe.  Steele is slated to be in a District 12 House Republican Primary against State Representatives Amber Arlint and Greg Jamison (Jamison has not filed petitions as of just yet).

But given that in his last term of office, he brought 1 bill.. and it was about establishing “certain requirements regarding funeral processions..” he’s going to have to come up with a better argument than his last stint in office resulting in declaring a right of way for vehicles escorting dead people.

Johnson Votes YES, Calling on TikTok to Divest From the Chinese Communist Party

Washington, D.C. – U.S. Representative Dusty Johnson (R-S.D.) voted to pass legislation requiring TikTok to divest from ByteDance, which answers to the Chinese Communist Party (CCP), or risk losing access to American markets. The Protecting Americans from Foreign Adversary Controlled Applications Act would remove CCP-backed ByteDance apps, including TikTok, from American app stores and web hosting services unless the application severs ties to entities like ByteDance that are subject to control of a foreign adversary.

“TikTok has an important decision to make: remain beholden to the Chinese Communist Party, or retain their user base in America,” said Johnson. “The decision should be simple, yet TikTok’s pushback to the bill gives credence to the thought the platform cares more about the influence of the CCP than operating a safe app in the U.S. I hope the Senate considers the bill soon. In the meantime, millions of Americans will continue to be influenced by the destructive goals of the Chinese Communist Party.”

Johnson recently co-sponsored the Protecting Americans from Foreign Adversary Controlled Applications Act. Johnson has long been a critic of TikTok and ByteDance. In 2022, he introduced the Block the Tok Act to remove TikTok from federal government devices. Later that year, he voted to ban it on federal government devices.

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