Attorney General Jackley, Board of Regents File Complaint Against NCAA Settlement Plan on Behalf of SDSU, USD

Attorney General Jackley, Board of Regents File Complaint Against NCAA Settlement Plan on Behalf of SDSU, USD

PIERRE, S.D – South Dakota Attorney General Marty Jackley announces his office and the South Dakota Board of Regents, on behalf of South Dakota State University and the University of South Dakota, have filed a complaint against the NCAA, and its proposed settlement on its past conduct.

The complaint, filed Tuesday in Brookings County Circuit Court, alleges that a proposed $2.8 billion settlement between the NCAA and the “Power Four” conferences unfairly forces smaller schools like the South Dakota schools to be responsible for a disproportionate share of the settlement cost.

Money from such a settlement would go to mainly “Power Four” student-athletes whose earning potential while in college was restrained by the NCAA’s amateur rules. Attorney General Jackley said while student-athletes deserve the financial award for their hard work and efforts, the burden of the settlement should not fall on the smaller universities like the South Dakota schools.

“As a former college student-athlete, I believe strongly in a system that presents our athletes with opportunities to compete and treats all of our athletes fair and equal,” said Attorney General Jackley. “I am disappointed that our South Dakota athletes and universities are paying the price for a settlement that did not involve any of our conduct. This settlement unlawfully and blatantly discriminates against female student-athletes by limiting them to less than 10 percent of the proceeds.”

The complaint states that the Power Four conferences caused the “vast majority” of the damages that the settlement addresses, but those responsible conferences are being required to pay less of the financial burden.

South Dakota Board of Regents President Tim Rave said this is a fairness issue.

“The South Dakota Board of Regents, the Attorney General’s Office, and our universities are taking action to voice our concerns about the disproportionate allocation of our state’s Division I athletic programs in the proposed NCAA settlement,” he said. “This settlement will significantly impact our two largest athletic programs, and we appreciate the support of the Attorney General’s office as we navigate this issue.”

Presidents of South Dakota State University and the University of South Dakota have stated that the proposed settlement will reduce NCAA revenue for their size schools. Both universities agree that the settlement will have significant implications for their athletic programs while not providing comprehensive benefits for the state’s student-athletes.

The complaint includes requests for a judgement in the Plaintiff’s favor on all issues; for damages to be determined by a jury; and, for an injunction protecting the Plaintiff from unjust disbursements based on the proposed settlement.

No court hearing date has yet been scheduled for the complaint.

The complaint can be found here: https://atg.sd.gov/docs/9.10.2024%20NCAA%20Complaint.pdf

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Statements from the Presidents of South Dakota State University and the University of South Dakota: 

South Dakota State University President Barry Dunn

 “South Dakota State University appreciates the efforts of the South Dakota Board of Regents and the Attorney General’s Office in addressing our state’s concerns surrounding the proposed NCAA settlement/ The settlement poses significant implications for our athletic programs without providing comprehensive benefits for our student-athletes. We appreciate the support from the Attorney General’s Office as we navigate this matter to seek fair outcomes for our state and universities. For any inquiries related to the legal proceedings, please direct them to the Attorney General’s Office.”

University of South Dakota President Sheila Gestring:

“The University of South Dakota is grateful for the continued support of the Attorney General’s Office as we work through our concerns to guarantee equitable treatment for our state and universities. The proposed House vs. NCAA settlement will substantially impact our athletic program and our ability to support our student-athletes. Due to current legal actions, if you have any inquiries regarding the NCAA, please direct them to the Attorney General’s office.”

No on H campaign releases hundreds of Republican donor, activist and convention attendee e-mails into the wind.

Received an interesting e-mail from the No on H organization yesterday. If you aren’t familiar with your acronyms, they’re the ones fighting open primaries.  And while they are fighting open primaries, they also seem to be fighting stupidity.

Clearly, they seem to like the open exchange of information, as they sent out the e-mail addresses of over 400 Republican County Officials, Donors, and Convention attendees out to the world for God and everyone to see.

And harvest. Let’s not forget they sent them out to harvest.

So, here’s the e-mail that looked like an innocent solicitation, until you caught it:

And here it is – the part that should get your attention:

If you’re sending out an e-mail to a group of people, if you put the names under BCC: (Blind Carbon Copy), no one sees who else you’ve sent the e-mail list to. But if you CC:, a.k.a. Carbon Copy, everyone gets it, AND everyone sees everyone else’s e-mail.

It’s a golden nugget for a marketing person looking for a list of Republican activists.

That’s right. Between No on H chair Ezra Hays and his East River Coordinator, Juliann Talkington, neither one knows how to send out a group e-mail to save their life. Because everyone in the group now has everyone else’s e-mail, to do with as they wish. Page after page of e-mails.

Just to give you an idea of how many Republican e-mails they sent to the wind, here’s the list, although slightly blurred:

That’s a lot of e-mail addresses.

Suffice it to say people are displeased. And even more than that, the committee isn’t exactly entirely honest about where they got the list.

One of the hundreds on the list went to the committee to ask where they got their contact information, and the No on H team couldn’t even be honest about that.

In the exchange that was shared with me:

Juliann Talkington, 

How did you get my personal information because I do not recall ever personally giving it to you. Did you personally talk to everyone else attached to this email too asking their permission to be contacted? 

I know you didn’t because I sure didn’t give out my personal email to either of you. Take me off any and all lists that you have. 

to which they replied ..

What? Since when does the SOS hand out hundreds of e-mails? The problem wth this response is that this answer was complete bulls*t.

Juliann, 

I do not believe anything you say when you can’t even be honest about where you got my email? It was not from the Secretary of State system, but stick to that story if it makes you feel better about yourself. 

How about you not straight up lie. My email is not on my voter registration.

Here is an idea for you, get familiar with and read the federal TCPA laws- telecommunications protection act. It forbids the use of data mining for the purpose of sending political messages and robocalling. I hope where ever you got my personal email from you also didn’t get everyone’s cell phone numbers too because sending those without permission is illegal too. 

As you immediately remove me from your email list. Do yourself a favor and remove the rest of the 400 some people included, because I know you didn’t get all of our personal emails from the Secretary of State system. 

These lists were not from the Secretary of State, who last I knew were not in the business of handing out personal e-mails.

They clearly came from the GOP, who does collect this information for convention, from donors, and from members of the State Central Committee and likely handed it over to the group, because they are joining the party in opposing Amendment H.

The mistake the party may have made is that they did not realize that they were working with stupid people who do not know how to use e-mail to send communications. The same stupid people who have now released closely held contact information for hundreds of Republican donors, activists, and convention attendees into the wind for all to see.

I suspect that the first zoom call meeting of the No on H Ground Advisory Board and Action Team tonight, if they can get any attendees, will be spent dealing with their first PR disaster; that they can’t be trusted to use e-mail correctly and to not hand out information shared with them for the campaign.

And if they can’t even be trusted to use e-mail correctly, why should anyone trust what they have to say about elections?

Attorney General Jackley Releases Final Explanation for Proposed 2026 Initiated Measure on Prayer in Schools

Attorney General Jackley Releases Final Explanation for Proposed 2026 Initiated Measure on Prayer in Schools

PIERRE, S.D. – South Dakota Attorney General Marty Jackley has released the final ballot explanation for the proposed initiated measure that would require non-denominational prayer in public schools, which would be on the 2026 general election ballot if approved. The sponsor of the proposed initiated measure is Hillel Hellinger of North Miami Beach, Fla.

The Attorney General does not take a position on any such proposal. State law requires the Attorney General to draft a title and explanation for each initiated measure, initiated constitutional amendment, constitutional amendment proposed by the Legislature, or referred measure that may appear on an election ballot.

If the required 17,509 valid signatures are gathered and approved by the South Dakota Secretary of State’s Office, the proposed initiated measure will be placed on the 2026 general ballot. A majority of the votes cast in the general election will be needed to pass the measure.

The Attorney General’s explanation was finalized after a review of all the comments received during the 10-day comment period on the Attorney General’s draft explanation. A total of 41 comments were received.

Language for the proposed initiated measure can be found here.

For more information regarding ballot measures, please visit the Secretary of State’s website.

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Study: CO2 Project Equals $3.2 Billion Opportunity for South Dakota

Study: CO2 Project Equals $3.2 Billion Opportunity for South Dakota

ONIDA, S.D. (September 9, 2024) – Summit Carbon Solutions’ proposed carbon capture project would add more than $3.26 billion in gross output across South Dakota over 12 years, according to the latest economic analysis from the Dakota Institute released today.

“Summit’s CO2 pipeline is set to bring historic benefits to South Dakota,” said Doug Berven, the Executive Director of the South Dakota Ethanol Producers Association. “Increasing job opportunities, boosting income, and injecting billions into the state’s economy, this project represents a massive investment in the future of South Dakota. Ultimately, South Dakota’s family farmers and rural communities stand to gain the most from this project.”

The new report, commissioned by the South Dakota Ethanol Producers Association, seeks to quantify the economic impact of the proposed Summit project for the state, including updated construction and operation expenditures and new tax requirements under SB 201 benefiting landowners and local communities.

The combined economic impacts of the Summit project over 12 years include:

  • Total Employment       4,101
  • Personal Income          $1.25 Billion
  • GDP                                $1.98 Billion
  • Gross Output                $3.26 Billion

The South Dakota section of Summit’s multi-state project will stretch approximately 685 miles (27% of the project’s total miles) across 23 counties.

About South Dakota Ethanol

The South Dakota Ethanol Producers Association serves as a strong, unified voice of advocacy for the expansion of ethanol production, greater access to the marketplace, and increased use and acceptance in South Dakota and the United States. Members include Dakota Ethanol, Gevo, Glacial Lakes Energy, NuGen Energy, Poet Bioprocessing, Redfield Energy, Red River Energy, and Ringneck Ethanol.

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Johnson Requests Briefing on Chinese Drones

Johnson Requests Briefing on Chinese Drones

Washington, D.C. – U.S. Representative Dusty Johnson (R-S.D.) and twelve members of Congress asked the United States Department of Agriculture (USDA) and the Cybersecurity and Infrastructure Security Agency (CISA) to brief members of Congress on the risk Chinese-manufactured drones pose to America’s food supply and what the agencies are doing to protect American agriculture.

Johnson has been outspoken in Congress and as a member of the Select Committee on China to secure our food supply from foreign adversaries and has advocated for more oversight of foreign purchases of U.S. farmland.

Shenzhen DJI Innovation Technology Co., Ltd. (DJI) is a Chinese Military Company, linked to the Chinese Communist Party (CCP), that makes thousands of drones, many of which are used in the United States. These drones operate on Chinese military software, firmware, and hardware, posing a significant risk to American agriculture and safety.

“The risk of these DJI agricultural spray drones being manipulated to carry out an attack in the United States cannot be ignored,” the members wrote. “Relying on our greatest strategic adversary for technology critical to the success of our agricultural production endangers the resiliency of our food supply.”

DJI’s advanced surveillance drones use LiDAR sensors and multispectral cameras which DJI states can collect and interpret crop data that is “impossible for the human eye to see.” The CCP’s access to this data and software gives them an unprecedented ability to control our agriculture supply chain.

The letter was sent by Reps. Mark Alford (R-MO), Ben Cline (R-VA), Neal Dunn (R- FL), Andrew Garbarino (R-NY), Michael Guest (R-MS), Ashley Hinson (R-IA), Dusty Johnson (R-SD), John Moolenaar (R-MI), Dan Newhouse (R-WA), Zach Nunn (R-IA), Elise Stefanik (R-NY), Derrick Van Orden (R-WI), and Robert Wittman (R-VA).

Read the full letter here.

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Davison County GOP attacking county commissioners for trying to combine offices

The Davison County Republican Party has apparently drank a heaping helping of the election conspiracy kool-aid, as this past week they went on the attack against the Davison County Commission for looking to combine the vacant office of County Auditor and County Treasurer.

According to recent media reports about the merger, which would place Davison County on the same footing as Hughes and Brookings Counties in reducing administrative overhead and seeking efficiencies:

Reider believes combining the office would create a cohesive office and one that would save the county money. He said the priorities from taxpayers and citizens tell him as a commissioner to be efficient and effective in leading the county. He said he’s confident the county would maintain checks and balances between its requirements with the state and how the offices are managed, and if the county didn’t believe in it, it wouldn’t advance further.

“We’re monitoring our offices all the time, we want the right people doing the right job. … When I visit with business leaders, they say when you lose positions, you should consider restructuring and that’s especially true with leadership,” Reider said. “It’s what businesses must do to stay effective and efficient and quite frankly, we are county business.”

Read the entire story here in the Mitchell Republic.

Efficiencies in government? Reducing administrative overhead?  Sounds like everything the Republican Party has always advocated for, doesn’t it?   Well, when you’re dealing with roving bands of election conspiracists with a terminal case of paranoia, by gosh they want to keep as many administrators as they can, according to the e-mail that went out from the Davison County GOP Leadership in response:


From: Davison County Republicans <davison[email protected]>
Sent: Saturday, September 7, 2024 11:14:34 AM
To: Davison County Republicans <davison[email protected]>
Subject: Your Presence and Input is Requested!!!

Davison County Commissioners Kill the Auditor position!

  • Commissioners claim combining the Treasurer and Auditor will be more efficient and save money.
    • Truth:  They have NOT provided any objective quantitative or financial data/cost benefit analysis (PROOF) to back up this claim.  
  • Combining TWO FULL-TIME jobs into ONE adversely affects the ability and effectiveness to cover the duties of BOTH FULL-TIME occupations.
  • Doubling the workload into one position means the auditor duties would be delegated downward to an appointed employee.  
  • Commissioners claim the Treasurer/Auditor will be an elected position, but taxpayers/voters will have no say in who performs the auditor duties.  
    • Your vote for an INDEPENDENT Auditor will be ABOLISHED.
    • Commissioners are jeopardizing Davison County financial and election integrity.  CRITICAL IN THIS ELECTION YEAR!
  • This consolidation sets the stage for at least 3 other things to happen:
    1. Increasing pay for the consolidated Treasurer/Auditor.
    2. Hiring 1 or 2 additional full-time employees (in addition to replacing the Deputy Auditor who resigned effective 9/2/2024).  
    3. A tax increase to pay for the salary increase and salary and benefits for the additional position(s).
  • Segregation of duties is a fundamental accounting principle critical to prevent embezzlement and fraud.  It is widely acknowledged within the accounting arena and specified by the American Institute of CPAs (AICPA) and the Chartered Institute of Management Accountants (CIMA). 
  • Combining the Treasurer and Auditor clearly presents a conflict of interest and increases the risk of fraud or other illegal actions.  It’s like the fox guarding the henhouse 
  • The Auditor MUST remain INDEPENDENT, NOT subservient to the Treasurer!!  

YOUR help is needed!!

Come to the County Commission meeting on Tuesday, Sept. 10, 2024, before 11:00 a.m. at the Davison County Fairgrounds, to voice your opposition against this unethical, if not illegal, action)

*FYI-Sonja presented a powerpoint laying out a comparison of the costs of the machines versus hand counting. This information was obtained through a FOIA request that she made and paid for. In addition, this information was also obtained from the SD SOS office. 2019-2020- 
 
They spent $35,024.65 on election equipment and resources(this did not include the cost to hire poll workers) alone but hand counting would cost $5100!!!!!  Where is the transparency and facts for why they want to do this???? 
 
See Sonja’s pdf powerpoint attached!!****
 
CONTACT COUNTY COMMISSIONERS
County Commissioners Contact information can be found at this link (https://www.davisoncounty.org/commission/) and the agenda here (https://www.davisoncounty.org/agendas-minutes/commission-agenda-and-minutes/).
 
We love living in Davison County but that comes with a responsibility to hold our elected officials accountable as they work for us, the citizens.
 
God bless all of you and God bless America!
Sincerely,
Larry, and Sonja

Well, God Bless America, and throw in some manufactured hand-counting claims that don’t exist in the real world.   If this was a school district, I suspect they’d be all over that claiming they can combine every job and that the Superintendent can do everything including school nurse and janitor. But, suggest eliminating a job the election goofs want to control, and it’s suddenly eeeeleeeegaaallll!!!

Two counties I’ve lived in for most of my life – Hughes and Brookings – have managed to consolidate these jobs long ago without the earth ending. Not sure why the Davison County Republicans are suddenly clutching their pearls and demanding that taxpayers pay for two positions when one will do.

But this is the new version of Republican conservatism. It’s ok to spend the money if election conspiracists say so.

US Senator John Thune’s Weekly Update: Democrats Can’t Outrun Their Record on the Border

Democrats Can’t Outrun Their Record on the Border
By Sen. John Thune

Four years ago, President Biden and Vice President Harris campaigned against the border security policies of then-President Trump. Soon after taking office, they set about dismantling these effective policies despite their team being warned that doing so could result in a surge of illegal immigration. That surge came, and it was Vice President Harris who was put in charge of handling the administration’s response. But it wasn’t much of a response.

Now President Biden and Vice President Harris are trying to claim they have been strong on border security all along, but the data tells a much different story. This administration has overseen three record-breaking years of illegal immigration at the southern border. Ten million illegal immigrants have crossed the border illegally during this administration. Included in that number are suspected terrorists, gang members, criminals, and 1.9 million known “gotaways” who have entered the country without being apprehended, which the chief of Border Patrol has called a “national security threat.”

Additionally, the Biden-Harris administration’s lax implementation of our asylum system is undoubtedly a “pull factor” for many migrants. In many cases, individuals who show up at the border claiming asylum are simply released into the country with court dates as far as a decade into the future. As we learned in June, this administration also gave de facto amnesty to hundreds of thousands of illegal immigrants whose cases were closed without resolution. Then there are the government-funded flights to cities around the country, guaranteed shelter in a number of cities, and, in California, illegal immigrants can get taxpayer-funded health care.

The effects of this crisis are not limited to the southern border alone. In fact, every state has virtually become a border state in one way or another. Here in South Dakota, law enforcement can trace illegal drugs in our communities to the southern border. Police in New York City recently revealed that illegal immigrants make up 75 percent of arrests in midtown Manhattan as the city deals with an influx of illegal immigrants. And many of us have seen the tragic stories of Americans killed by illegal immigrants who should have never been in our country in the first place.

A crisis has raged at the southern border for much of the Biden-Harris administration. On more than one occasion, the Biden-Harris administration has turned its back on border security, and their Democrat allies in Congress have voted against meaningful border security policies time and again. Try as the Democrats might to change their tune in an election year, the American people can see what’s happening with their own eyes, and they know that this administration’s disastrous record on the border is to blame.

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The Big Three: Congressman Dusty Johnson’s Weekly Update – Protecting our Resources

Protecting our Resources
by Congressman Dusty Johnson

BIG Update

Shenzhen DJI Innovation Technology Co., Ltd. (DJI) is a Chinese Military company, linked to the Chinese Communist Party (CCP), that makes thousands of drones, many of which are used in the United States. These drones operate on Chinese military software, firmware, and hardware, which could pose a significant risk to American agriculture and safety.

I’m concerned about the amount of information that China has access to in American agriculture and our food supply chain. I’ve been raising awareness on China’s purchases of American ag land, and I’ve advocated for increased oversight and prohibition of these purchases. With one decision, China could leverage its access and detrimentally impact our food supply. These DJI drones give them a unique opportunity to do so. I joined twelve other members in requesting a briefing from the United States Department of Agriculture and the Cybersecurity and Infrastructure Security Agency about the risk they pose to our food supply.

China is our biggest foreign adversary, and America cannot continue to allow unprecedented access to our data.

BIG Idea

I’ve been a champion on the Select Committee on China for rebuilding America’s manufacturing base. With that in mind, I visited with Jeff of Dakota Adventure Supply (DAS) and stopped by one of their manufacturing facilities to see where the magic happens. We Stitch Stuff has a wide range of work, from manufacturing products for DAS, Binder Lifts for paramedics, and repairing equipment for Heiman Fire Equipment.

It’s always encouraging to see a local business making high quality products for other local businesses. These businesses have a tremendous impact on our local economy and make fantastic products unique to South Dakota.

Johnson and the We Stitch Stuff team

BIG News

My team and I closely monitored the Black Hills fire throughout the week. I’m grateful for the firefighters and first responders who have been working to keep people safe and contain the fire. Even though it is mostly contained now, check here for up-to-date safety information if you’re in the area: https://www.pennco.org/publicsafetyhub.

I’ve been an advocate for proper forest management, and a fire like this is a reminder that a healthy forest is a managed forest. Managing the forest decreases the risk and slows the growth of wildfires, protecting our families and preserving the habitat for generations to come.

Governor Kristi Noem’s Weekly Column: Safer Communities

Safer Communities
By: Gov. Kristi Noem  
September 6, 2024    

We recently celebrated the graduation of 20 new law enforcement officers in South Dakota. This graduation was unique because it included the first ever tribal-focused law enforcement training put on by a state, rather than by the federal government. Eight tribal law enforcement officers immediately began protecting and serving their communities.

I was particularly touched by their families who were in attendance. As I looked at the pride beaming from their families, I realized why these new officers accepted this calling: they want their families to grow up in safe and prosperous communities. And they are willing to be the boots on the ground to ensure that happens.

That graduation was a very honorable day. Those men and women stepped up to serve the public – and the public will look to them for what is right and what is wrong. On their toughest days, their oath as a law enforcement officer will be what gets them through. They will show compassion and empathy to people on their hardest days, and they will keep a steady hand when hard times are in front of us.

We respect law enforcement because they are the ones who protect our Freedoms here at home. Earlier this year, I released an ad for Freedom Works Here to recruit law enforcement officers to South Dakota. We’ve already made South Dakota the Freest state in America – and with more law enforcement officers, we’ll make it the safest, too.

Too many other states and cities have a different story to tell. In New York City, more than 2,500 officers resigned last year – 43% more than five years prior – meanwhile, murders are up 23% from five years ago. And 63% of Americans view crime as an “extremely” or “very” serious problem, the highest percentage ever recorded.

Calls to “defund the police” have turned into actual budget cuts in far too many communities. And the Biden-Harris Administration has even made this a reality for tribal communities here in South Dakota, as they have consistently underfunded tribal law enforcement.

But we must not be afraid because of threats to public safety. At that law enforcement graduation, I quoted Paul’s words in 2 Timothy to those new officers: “God has not given us a spirit of fear – but of power, and of love, and of a sound mind.”

These officers have tremendous power in their new roles. And they will use that power with love. And they will make decisions with the sound mind that their training provides them to serve the people of their communities with excellence. I am so proud to have them protecting and serving our communities.

 After the graduation, I met with tribal leaders from six of our state’s tribes to discuss next steps to improve public safety in tribal communities. We talked about how to increase the amount of tribal law enforcement officers coming through our state academy. We also discussed the benefits of Mutual Aid Agreements like we just signed with the Crow Creek Sioux Tribe. Our conversations are turning into real solutions.

 I will continue to push for meaningful action from Washington, D.C. – both from Congress and from the Biden-Harris Administration. They need to do their part to keep our tribal communities safe, including closing the wide-open Southern Border. Until those common-sense actions are taken, South Dakota will continue to do our part. And we will celebrate landmark days like this law enforcement graduation.

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