Bill to ban misrepresentation of Service Animals in Senate today. And I sort-of agree. But there’s that problem..

Might have to mark it down on a calendar where I somewhat agree with Taffy Howard on something, as her bill regarding service dogs is up in the Senate today. But.. legislators should be aware of a big BUT on this bill. It’s never as easy as they think.:

Senate Bill 82 – Introduced by: Senator Howard
An Act to prohibit the misrepresentation of an animal as a service animal and to provide a penalty therefor.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 22-35:

An individual may not, directly or indirectly through statements or conduct, intentionally misrepresent an animal in that individual’s possession as a service animal in any place of public accommodation to obtain any rights or privileges available to an individual who qualifies for a service animal under state or federal law, knowing that the individual is not entitled to those rights or privileges.

A violation of this section is a Class 2 misdemeanor.

For purposes of this section, “service animal” means a dog that is trained to do work or perform tasks for the benefit of an individual with a disability, as set forth in 28 C.F.R. § 36.104 (January 1, 2026), provided the work or tasks performed by the dog are directly related to the individual’s disability. The crime deterrent effects of a dog’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks.

Follow the legislation here.

It’s actually set to be on the consent calendar, so it might just sail through the Senate today.  Aside from the fact that they want to create misrepresentation of a dog as a service animal as a criminal offense they can be arrested and fingerprinted for, and lock them up for 30 days. So much for easing over-crowding in jails.

I actually get this question about service dogs thrown at me at my day job every once in a while, so I’ve had to look it up and try to distill it down to answer questions. More to be the “source of the source” of information for an issue that drives business owners nuts. Why do people insist on bringing their dog everywhere?

There are many who have a legitimate purpose and reason to be there. Service Dogs have very strong rights at the federal level, and if you try to limit them (unless they are untrained, or are aggressive & act out), that could trigger lawsuits under the ADA – which may pound a business into the dirt – that you don’t really want to mess with. The hang up is with emotional support animals which can range from those legitimately prescribed by a medical professional, to someone who buys an orange harness on the Internet so they can take their dog everywhere.

Trying to figure out what they can legally do – or not do – when someone has their dog with them in otherwise pet-free locations can drive business-owners nuts.  The lawsuits usually will come under federal law as referenced above regarding service dogs under the ADA. Here’s a great guide for those wondering about it.   But here’s the butIt’s not just the ADA you have to worry about. For those who who have emotional support animals there are portions of federal law that have much broader implications and allowances beyond service dogs, such as the Fair Housing Act.

I’m going to cheat a little and use the Google AI Summary, because it gets to the point:

New federal rules clarify that Emotional Support Animals (ESAs) are protected under the Fair Housing Act (FHA) for housing, requiring landlords to provide reasonable accommodation (like waiving pet fees/restrictions) with a letter from a healthcare professional, but they have no special public access rights (unlike service animals) and no longer have automatic airline cabin access, with airlines now classifying them as pets. Key updates emphasize ESAs are for housing only, disallow breed/weight restrictions, and reject online registrations as proof, requiring a professional’s letter explaining the need for the animal to alleviate a disability.

Emotional support animals ARE covered under the Fair Housing Act.  The rules reject on-line registrations, BUT there are plenty of on-line counselor mills who can and do provide a letter from a supposed  mental health professional explaining why the animal is needed.  And if you’re covered under the Federal Housing Act, this proposed law does nothing for you – and you risk getting stung by the proposed Taffy Law if that’s what you think you can rely on.  (note: for those in other states, there may also be state laws. Check with a local atty. – pp)

My advice on this issue to people who inquire with me on this has always been to look at what the ADA and FHA guides have to say on it and for them to talk to their attorney for guidance on how to conduct themselves based on State & Federal Law.

So, should this law pass on the consent calendar today? Not saying no, but not saying yes. It seems like they’ve only had a portion of the discussion.

Capt. Josh Phillips Announces for Minnehaha County Sheriff 

Capt. Josh Phillips Announces for Minnehaha County Sheriff 

Endorsed by Outgoing Sheriff Mike Milstead

Sioux Falls, S.D. – January 28, 2026 – Today Capt. Josh Phillips accepted the endorsement of outgoing Sheriff Mike Milstead and launched his campaign for Minnehaha County Sheriff.

“I believe deeply in conservative South Dakota values, respect for the Constitution, and responsible use of taxpayer dollars. I will use my experience to keep our neighborhoods safe,” says Capt. Phillips.

“I cannot think of a better choice to lead the Minnehaha County Sheriff’s Office into the future than Josh Phillips. For over 20 years, he has continually proven his professionalism, dedication to duty, and commitment to serving the people of Minnehaha County,” said Sheriff Mike Milstead.

As Captain with the Minnehaha County Sheriff’s Office, Phillips’ career began by being mentored by a school resource officer when he was a student at West Central. That influence inspired him to pursue a career in law enforcement. After earning his bachelor’s degree, he returned to his alma mater to serve in that same role as a school resource officer. Josh’s 22-year career with the Minnehaha County Sheriff’s Office includes serving as a patrol deputy, detective, patrol sergeant, sergeant of investigations, SWAT team member, Crisis Negotiations Unit Commander, and now Captain overseeing investigations and the Sioux Falls Area Fugitive Task Force.

In 2019, Captain Phillips graduated from the FBI National Academy in Quantico, Virginia, an honor that recognizes the top 1% of law enforcement.

Captain Phillips is married and is the proud father of three children. He coaches youth basketball and enjoys golfing and archery hunting. His family attends St. George Parish in Hartford.

Free-dumb caucus complaining that LRC is stretched too thin by Governor’s bills. They should check the mirror first.

A whining press release was issued by the Free-Dumb caucus members that their bills are taking too long to get posted, because bills are being requested by the administration (and introduced by committees or individual legislators). And they think it has reached a crisis:

The South Dakota Freedom Caucus on Monday warned that the executive branch is increasingly functioning as a de facto legislator, citing new data showing that a substantial share of bills introduced in the 2026 session originated not with individual lawmakers, but through executive agencies, boards, and institutional offices.

and..

The issue is compounded by how drafting capacity is allocated at the Legislative Research Council (LRC), which by statute exists to assist legislators but is currently processing executive and agency requests alongside — and in some cases ahead of — legislator-requested bills.

and..

The prioritization of executive and institutional requests is already having concrete consequences for legislators and their constituents, according to (Phil) Jensen. Rep. Josephine Garcia has multiple legislator-requested bills still waiting in the drafting queue this session, including a constituent-driven informed consent proposal affecting blood donation and transfusion practices.

and..

The Freedom Caucus is calling on legislative leadership to adopt clear, written policies that prioritize legislator-requested bills, establish transparent standards for allocating drafting capacity, and ensure strict compliance with the written-request requirements of SDCL 2-7-6.1, Jensen said.

Phil telling us that goofy Garcia is one of the “secret Freedom Caucus” members? Good to know, Because she’s not on the public list.

So, the complaint is that the executive branch – who operates government every single day – is noting items of concern and their legislative load as carried by legislators and committees for LRC is preventing bills from being pushed through – and so LRC is stretched too thin?

What about the bills being requested by freedumb caucus members. Could they be packing the workload?  I mean.. Didn’t we need California Carley’s bill to force all auditors to go to a finger and toe ballot counting of elections (SB66 prohibit the use of automatic tabulating equipment and electronic ballot marking systems.), despite it violating multiple federal laws?  Or his unconstitutional bill to create a currency based on gold & silver? (SB112). Or he and Rep. Dylan “DJ Jazzy” Jordan’s matching resolutions against economic development (SCR 601 and HCR6007).?  Both of which died.

We also have legislation from Free-dumb caucuser Logan Manhart. Re-running a bill that was eviscerated last session for the state to invest in Bitcoin. And Aaron Aylward “urging this state’s congressional delegation to end foreign aid programs.”

Between the admitted members of the freedumb caucus and the secret ones like Garcia, whose latest – HB1169 – is an attempt to put veterinary medicine on the agenda for prescription – there are PLENTY of examples of bills that the members of the press-release caucus didn’t really need to bring.

I’m not going to belabor the point, but if they want to send out “pay attention to me” e-mails to the media complaining about the legislation requests bogging down the legislative research council, they should really take a good hard look in the mirror first.

Minnehaha County Sheriff Mike Milstead announces retirement – Sheriff’s seat is an open race in 2026

Well this is a surprise that casual observers were not expecting.

On Greg Belfrage’s show on KELO radio this morning, (As per the Argus Leader) Minnehaha County Sheriff Mike Milstead just announced he will not be a candidate in 2026. Making it a wide open race:

After nearly 30 years behind the badge, Mike Milstead says he will not run for re-election and will retire at the end of his term.

In a surprise appearance made Jan. 28 on KELO’s Greg Belfrage weekday morning podcast, Milstead said this is a “huge step” for him.

“I’ve done this since I was 18 years old,” said Milstead. “If you saw me right now, you’d see I have tears in my eyes. I love this community and continue to do the best I can to serve. But I’m ready.

and..

He filed for re-election six times without ever facing an opponent.

Read the entire story here.

After holding the job for an incredible and successful 31-year stretch, that may set things up for a very active election in both the primary and the general.

Stay tuned for more on this as it develops.

Guest Column: TARs Reborn! by Catherine Barranco, 2025 TARs State Adviser

TARs Reborn!
by TARs Adviser Catherine Barranco

Nine months ago, I was chosen State Adviser of the South Dakota Teenage Republicans (SD TARs), embarking upon a mission to breathe life back into a once vibrant organization that had unfortunately gone dormant. With the new year underway, I’d like to report on the incredible success we achieved and make an exciting announcement for the future!

The first thing that pops to mind whenever anyone mentions TARs is Camp….. and what a camp it was!  This year included many fan-favorites: Mt Rushmore, WaTiki Waterpark, karaoke night, nature hike, talent show, tubing in the creek, and a lovely banquet dinner.  We added instant hits, including Rush Mountain Adventure Park, media training, Legislative Page and Roberts Rules education as well as a discussion of conservative principles that define what it means to be Republican. We hosted exclusive events with legislators and supporters: the Fast Pitch Forum and Ice Cream Caucus.  A number of Constitutional Officers spoke, and for the first time EVER, all four of South Dakota’s top elected officials — U.S. Senator John Thune, U.S. Senator Mike Rounds, Governor Larry Rhoden, and U.S. Representative Dusty Johnson — personally visited to address our campers!

Throughout 2025, TARs was visibly active statewide.  Executive board members and I spoke at a dozen meetings hosted by county GOPs and/or Republican Women clubs.  We supported events across the state, including Brookings, Lincoln, Meade, Bon Homme, and Codington Lincoln Day Dinners.  Often, TARs volunteers served the food, refilled the pitchers, and cleared the tables!

We joined the GOP at fairs, including the State Fair, as well as the Brookings GOP Picnic.  For the first time in recent memory, TARs participated in Christmas at the Capitol.  As thousands of visitors walked the hallowed halls — admiring trees full of Christmas cheer — they saw the name “South Dakota Teenage Republicans.”

In addition to hosting and participating in events around the state, we built infrastructure.  We began an ongoing collaboration with Call to Freedom, instituting new child-protection protocols. We doubled membership and debuted our new commitment cards.  We opened TARs’ bank account and email address, relaunched TARs’ social media, adopted a new TARs logo, and printed TARs stationary and “Raised Right” stickers to distribute.  We created new online forms for donations, volunteer requests, membership, and event registration, each complete with its own QR Code.  We launched a marketing campaign that included promotional videos, flyers, brochures, two large vinyl banners, as well as articles in print media and online blogs. We smashed fundraising records!  We started with nothing, but thanks to your generous monetary and in-kind donations, we accomplished a tremendous amount and still ended the year with over $5,000!!

It’s been an incredible comeback, and none of it would have been possible without the support of so many: the South Dakota Federation of Republican Women, state and county GOPs, donors, elected officials, and a fantastic executive board, especially Kayla Randall and Aidyn Melville, who succeeded her as Chair at the conclusion of Camp.

Finally, I’m excited to announce that Kayla Randall is taking over as TARs Adviser!  Kayla graduated high school in May. With her many years of experience as a TARs member and officer, Kayla is well poised to build upon the success we’ve enjoyed. I am confident Kayla and her board will lead TARs into the future.  Please join me in congratulating Kayla and wishing her well in this important endeavor!

Grateful for all your support,

Catherine Barranco
2025 TARs State Adviser

 

After this interim’s debacle, looks like they’re erasing Garcia’s Medical Marijuana oversight mess

Remember this last interim’s Medical Marijuana Oversight Committee led by Representative Garcia which was a clown show – and many other committee sessions were as well?

Not from today’s hearing, but on 10/22 at the end of the meeting, representing Watertown, State Representative Josephine Garcia apparently had quite the rant, where she talks about masturbation:

Umm.. yeah.. Not a comment that we usually hear from someone during a committee hearing.

Otherwise, I do like the part where she says she may not come back.

Read that here.

It appears the decision of whether Garcia could returns as the chair of that committee could be taken out of her hands.

State Representative Tim Goodwin has introduced a measure to make the whole thing go away.

Getting Rep. Garcia out of any positions of authority and reducing bureaucracy sounds like a win in anyone’s book.

Now if they could only get a better State Rep. for District 5?

Guest Column: South Dakota’s Future Depends on Smart Growth—Not Fear of It by Tyler Tordsen

South Dakota’s Future Depends on Smart Growth—Not Fear of It
by Tyler Tordsen, President & CEO, Sioux Metro Growth Alliance

SIOUX FALLS, SD – South Dakotans are right to care deeply about the future of our communities. We value self-reliance, common sense, and stewardship of our land, tax dollars, and way of life. Lately, I’ve grown increasingly concerned by the rising anti-growth sentiment across our state. Too often, it’s fueled not by facts, but by misinformation and a growing distrust of government.

That frustration is real. People want lower taxes, especially property taxes, and they want relief for families, farmers, and small business owners who are also feeling the pinch. At the same time, we’re increasingly resistant to new housing, infrastructure, and economic development projects that could expand the tax base and help ease that burden over time. We can’t continue to demand tax relief while blocking the very growth that makes it possible.

One of the most common narratives I hear is that economic development in South Dakota only benefits large, out-of-state corporations. It’s nothing more than “corporate welfare,” handouts, or giveaways for million-dollar projects, while locals are left behind. I understand why that perception exists. But I can also tell you, from direct experience, that it doesn’t reflect reality.

In my work with the Sioux Metro Growth Alliance, our focus is exactly the opposite. We exist to help communities, entrepreneurs, and businesses of all sizes, large and small, rural or urban, navigate available resources and pursue responsible growth. Whether it’s a small-town infrastructure need, a local business expansion, or a housing project that helps a community remain viable, our role is to connect people to tools that might already exist and ensure they have a fair shot, regardless of their ZIP code or size of their balance sheet.

There are no freebies. There are no giveaways. Every grant, loan, or incentive comes with accountability, local investment, and long-term expectations. When done right, economic development is not about picking winners and losers, it’s about leveling the playing field and giving communities and their people the same opportunity to succeed here.

In my opinion, the bigger issue is that we don’t do a good enough job telling these smaller success stories, connecting our locals with what already exists for them, and selling the bigger picture of what makes our state so great. When a local business expands with the help of a revolving loan fund, workforce program, or infrastructure investment, we should be celebrating that success just as loudly as we do a $100-million announcement. Don’t get me wrong, those big projects matter too. Many of South Dakota’s largest employers and most successful companies started small or started somewhere else before establishing roots here. In fact, over 80% of economic growth in South Dakota comes from the expansion of businesses who are already here.

My point is that economic development is not the enemy — pushing growth with poor communication or projects with lack of proper consultation is.

Unfortunately, there are those who continue to sow distrust by reducing economic development to catchy buzzwords and false narratives with rhetoric not rooted in sincere concern for taxpayers or communities, but in political gain. That approach may generate clicks or applause lines, but it does nothing to solve real challenges or move South Dakota forward.

The truth is, South Dakota has nearly everything going for it – still! We have some of the hardest-working, most innovative people you can find. We enjoy a very accessible government at all levels, a comparatively low tax burden, a high quality of life, and values that run deep across many generations. People want change, but they also want to preserve what makes this place special. I understand that tension, and I share it.

But the “good old days” didn’t happen by accident. They were built by people willing to invest, adapt, and think long-term. With better communication, transparency, and a commitment to responsible growth, I believe our best days are still ahead.

After more than a century of leading with our values, we can’t expect South Dakota to remain a hidden gem forever. That doesn’t mean saying “yes” to everything that comes our way, but it also can’t mean blindly saying “no” to everything either. We’ve earned the right to be selective in supporting the right projects that are mutually beneficial for all. Smart, strategic growth in the right places should be welcomed, not feared.

If we get this right, we improve our chances of being able to lower or stabilize our taxes. More importantly, we create real opportunities for our children and grandchildren to stay here, or to recruit them back home, and to have the opportunity for them to succeed in any field they might pursue.

We must commit to doing a better job of working together in shaping South Dakota’s priorities and issues. We now live in the most digitally connected era in history and each carry some responsibility for educating ourselves on what’s before us. By working more closely with our neighbors, communicating honestly, and choosing to seek progress over paralysis, I know we can keep South Dakota the best place to live, work, and raise a family.

Tyler Tordsen, President & CEO, Sioux Metro Growth Alliance

Rep. Dylan Jordan anti-development resolution goes down in House.

While I was watching Senator Mykala Voita’s state-sponsored “Ramadan in July” resolution pass the Senate (22-11), at least one of the chambers had some sense today.

State Representative Dylan “DJ Jazzy” Jordan’s anti-development resolution – HCR 6007 – which tried to send a signal that we don’t like jobs and development in South Dakota – was shot down on a vote of 29-37. On nearly a straight-line pro-jobs economic development versus the anti-development group in the chamber.   (Rep. Goodwin – what are you doing? You’re killing me.)

This marks the third Rep. Jordan measure to go down in flames. 3 4 down, 3 2 remaining to be heard (maybe less.. I didn’t catch what happened to HB 1071 in House Transportation this AM.  *Correction. 1071 was killed 9-1)