Category: Uncategorized

 Article of Impeachment Filed Against Attorney General Jason Ravnsborg 

Republican Representative Will Mortenson (District 24) has filed a resolution proposing two Articles of Impeachment to remove Attorney General Jason Ravnsborg from office. The resolution is co-sponsored by House Majority Leader Kent Peterson (R-District 19) and House Minority Leader Jamie Smith (D-District 15). 

“The Attorney General has a special obligation to follow the laws and protect the public,” said Mortenson. “Jason Ravnsborg’s actions and statements related to the death of Joseph Boever breached those obligations to the people of South Dakota, and he should be removed from office.” 

Article XVI of the South Dakota Constitution grants the House of Representatives the sole authority to bring an impeachment action against a state official like the Attorney General. The resolution included two separate Articles of Impeachment, one concerning the crimes and misdemeanors that caused the death of Joseph Boever on September 12, 2020 and one concerning the statements and actions of Jason Ravnsborg in reporting the crime and the resulting investigation. 

“This isn’t about party or politics. It’s about doing the right thing for South Dakota,” said Peterson. “We must hold our elected leaders to a high standard. In this case, the Attorney General has failed to meet that standard, and we owe it to the people to bring these Articles,” Peterson added. 

“What happened was a tragedy for all involved,” said Smith. “However, that cannot deter us from fulfilling our duties. The Attorney General has lost the confidence of the people of South Dakota, and he should be removed from office for the betterment of the state.” 

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Rep. Will Mortenson (R-District 24) Statement on Filing Articles of Impeachment:

“Earlier today, I filed a Resolution including Articles of Impeachment calling for the removal of Attorney General Jason Ravnsborg from office. The decision was unpleasant and the situation is truly tragic, for all involved.

The filing followed months of consideration and advice. Ultimately, I felt that while the charging decision may have been correct, the Attorney General owes a higher duty to the Laws of the State of South Dakota and the People of the State of South Dakota. In his actions on the night of September 12, 2020 and following the incident, Attorney General Ravnsborg breached that duty and has lost the confidence of the people of South Dakota. When that happens, I believe the legislature has an obligation to exercise its constitutional authority to remove him from office.

There are several aspects that I’d like you to know about the decision.

First, I have no axe to grind with Attorney General Ravnsborg. I have always had a good relationship with him. This is not political and it is not personal. Again, I do not believe Attorney General Ravnsborg belongs in prison, but I know he does not belong in the Office of the Attorney General anymore.

Second, removal from office is an exceptional mechanism and should only be used in exceptional cases. In Washington, DC, they use impeachment to further political agendas and carry out partisan missions. In South Dakota, we should only use this in grave circumstances. In this case, a state official caused the death of a citizen and failed to comport himself in the standards we expect following the incident. Our state has never had such an occurrence, where the elected official refused to resign. In short, this is clearly an exceptional case.

Finally, the Attorney General is a member of the same party as me and I know him. Those facts cannot dissuade me from making this decision. We need to put principle and our people ahead of politics or our party. In South Dakota, the fact that we are in the same party means that my colleagues and I have had a lot of opportunities to spend time with Attorney General Ravnsborg. That makes this a very uncomfortable exercise, and I would ask that all members are afforded grace in their decision-making.”

Thune: Democrats Should Abandon Partisan COVID Bill and Work With Republicans on Bipartisan Approach

“Democrats have made it very clear that they are determined to pass another COVID bill on a purely partisan basis – which is particularly disappointing because up until now, COVID relief has been a bipartisan process.”

Click here or on the picture above to watch Thune’s speech.

WASHINGTON — U.S. Sen. John Thune (R-S.D.) today discussed Senate Democrats’ push to include a liberal wish list of agenda items in their partisan COVID relief package. Thune noted that of the five COVID relief bills that have already become law, all of them passed with strong bipartisan support. He urged Democrats to put the American people first by working in a bipartisan way to pursue targeted COVID relief that meets the needs of the American people without unnecessarily adding to the national debt.

Governor Noem Issues Statement on Attorney General Ravnsborg

PIERRE, S.D. – Today, Governor Kristi Noem issued the following statement in response to the conclusion of the investigation into the fatal crash involving Attorney General Jason Ravnsborg and Joseph Boever:

“Now that the investigation has closed and charges have been filed, I believe the Attorney General should resign. I have reviewed the material we are releasing, starting today, and I encourage others to review it as well.”

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Bipartisan, Bicameral FEEDD Act Provides Forage Grazing Flexibility for Farmers & Ranchers 

Washington, D.C. – Today, U.S. Representatives Dusty Johnson (R-S.D.) and Angie Craig (D-MN) and Senators John Hoeven (R-ND) and Tammy Baldwin (D-WI) reintroduced the bipartisan Feed Emergency Enhancement During Disasters with Cover Crops Act (FEEDD Act). The FEEDD Act will provide farmers and ranchers emergency flexibility to help alleviate livestock feed shortages during planting seasons with high levels of prevent plant due to extreme moisture or drought. U.S. Department of Agriculture (USDA) provided an administrative fix to the haying and grazing dates in 2019 and 2020 after urging from Congress.

Currently, under the Federal Crop Insurance Program, producers that are unable to plant a crop due to adverse weather conditions are eligible to receive a small indemnity but are prohibited from growing a cash commodity due to a missed window in the growing season. The FEEDD Act would create a clear emergency waiver authority for the USDA to allow producers to graze, hay or chop a cover crop before November 1st in the event of a feed shortage due to excessive moisture, flood, or drought. With this waiver, producers would not have to take a further discount on their crop insurance. The bill also directs the Secretary to establish regional “harvest dates” for each crop year for predictable rules on prevent plant cover crop harvest annually.

“A one-sized-fits-all approach doesn’t always work, and the cover crop harvest date is a good example where this approach falls short,” said Rep. Johnson. “I’m grateful USDA provided an administrative fix to the prevent plant harvest date deadline in 2019 after unprecedented flooding in states like South Dakota, but this date flexibility needs to be permanent and regionally tailored. The government can’t control the weather, but we can enhance predictability for producers when disasters hit.” Click here for audio.

“Especially in light of the COVID-19 pandemic and economic crisis, Congress has a responsibility to provide farmers and ranchers the flexibility they need to do their jobs successfully,” said Rep. Craig. “The FEEDD Act will help to support ag producers in Minnesota at no cost to the taxpayer – while incentivizing the planting of cover crops to protect the health and quality of farmers’ soil in Minnesota. I’m proud to help lead this bipartisan, commonsense effort and look forward to its passage in the House.”

“Cover crops are an important tool that enable farmers to better maintain their land and provide an important source of feed for livestock,” said Senator Hoeven. “It makes sense to provide adequate flexibility in USDA’s rules for cover crops to address disasters, differences in regional climates and local feed shortages. That’s exactly what our bill will provide, while preserving crop insurance program integrity and preventing penalties for farmers.”

“In Wisconsin, when farmers lose a crop to flooding, drought, or other extreme weathers events, they are left with tough choices about how to make up for crop losses and protect their soil from erosion,” said Senator Baldwin.  “This bipartisan legislation will give farmers more certainty about their feed options in disaster years. By reducing uncertainty for farmers, we’re working to ease one of the headaches they face when deciding about putting in cover crops, which will benefit soil health on the farm and water quality in our communities.”

The FEEDD Act is supported by the American Farm Bureau Federation, National Farmers Union, National Cattlemen’s Beef Association, National Milk Producers Federation, National Association of Conservation Districts, American Soybean Association, U.S. Durum Growers Association, American Sheep Industry Association, Edge Dairy Cooperative, Midwest Dairy Coalition, Farm Credit Council, American Bankers Association, Independent Community Bankers of America, U.S. Cattlemen’s Association, National Sustainable Agriculture Coalition, Ducks Unlimited, Pheasants Forever, Quail Forever, Crop Insurance Reimbursement Bureau, the Ag Retailers Association, The Nature Conservancy, National Council of Farmer Cooperatives, and FarmFirst Dairy Cooperative.

For a one-pager on the FEEDD Act click here.

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Thune, Sinema Reintroduce Bipartisan Legislation to Improve and Maintain Tribal Infrastructure

WASHINGTON — U.S. Sens. John Thune (R-S.D.) and Kyrsten Sinema (D-Ariz.), members of the Senate Committee on Commerce, Science, and Transportation, today reintroduced the Tribal Transportation Equity and Transparency Improvement Act, legislation to increase tribal transportation funding flexibility and improve the transparency and consistency of the Tribal Transportation Program’s administration and data collection practices.

“This bill takes several important steps to ensure that South Dakota tribes get their fair share of funding to maintain and improve their transportation infrastructure,” said Thune. “South Dakota’s tribes continue to help craft and improve this legislation, and I am thankful for their input. I look forward to seeing infrastructure improvements become a reality in tribal areas throughout South Dakota.”

“Strengthening transparency and funding of the Tribal Transportation Program will increase infrastructure investment and improve road safety, fueling jobs and opportunities for tribal communities,” said Sinema.

“The Oglala Sioux Tribe is glad to see this bipartisan effort of Senator Thune and Senator Sinema move forward for better roads for some of the most vulnerable populations that are in need of reliable and safe roads,” said Kevin Killer, president of the Ogala Sioux Tribe. “Improving the quality of our Reservation’s roads is one our Tribe’s utmost priorities. The Senators’ Tribal Transportation Equity and Transparency Improvement Act will improve our roads, which will help improve the lives of our citizens.”

“On behalf of the Rosebud Sioux Tribe, I want to thank you for your leadership and your staff’s hard work in preparing the Tribal Transportation Equity and Transparency Improvement Act to serve as an adjunct to the FAST Act by improving the Tribal Transportation Program,” said Rodney Bordeaux, president of the Rosebud Sioux Tribe.

“Funding for transportation and safety projects is critically important to Tribal Nations in Arizona and throughout Indian Country,” said Shan Lewis, vice chairman, Fort Mojave Indian Tribe, and president, Inter Tribal Association of Arizona. “However, this funding is often constrained by red tape and a lack of transparency in how the government administers the programs. We support Senator Sinema in her leadership for bringing transparency and flexibility to tribal transportation programs within the Federal government and ensuring that Tribal Nations are able to rely on these resources through accountable and accessible systems.”

The Tribal Transportation Equity and Transparency Improvement Act would:

Improve the Accuracy and Transparency of the Tribal Transportation Program (TTP): The bill requires the Bureau of Indian Affairs (BIA) to use updated information when making funding allocations, and it requires that new data for certain facilities be updated and submitted. The bill also requires independent audits by the inspectors general of the Department of Transportation and the Department of the Interior, as well as the Government Accountability Office, to examine the program’s administration and its adequacy in addressing tribal infrastructure needs.

Improve Cooperation for Tribal Transportation Planning and Safety: The bill codifies a joint federal-tribal advisory committee currently established in regulation, which is tasked with gathering tribal input and providing recommendations to BIA for changes to the TTP. The bill also makes it easier for tribes to form cooperative agreements with state and local governments on highway planning, design, and safety.

Increase Tribal Access to Funding: The bill makes several changes to increase tribal funding flexibility and access, including by increasing the federal share for the Nationally Significant Federal Lands and Tribal Projects Program for tribes and allowing tribes to use planning funds for grant applications.

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As we quickly approach cross-over day in the South Dakota State Legislature, a measure passed out of committee last night to protect women’s sports for participation by women:

The bill says sports designated as being female are only available to participants who are female based on their biological sex.

and…

Rhonda Milstead is the prime sponsor of the bill. She says if one girl gets replaced by a male on a sports team it’s a problem.

“They deserve the right not to get hurt,” Milstead says. “It’s proven over and over again. Males are biologically different. They’re stronger, they’re faster, they’re all of those things. Why do we argue with that? Why don’t we let boys play with boys and girls play with girls?”

Read the entire story here.

As I come back to a status of slightly more active posting, coming down off of my COVID induced sabbatical, I have to say that it seems like I’m coming back to a somewhat chaotic time, to say the least.

The long-awaited report of the Attorney General’s accident has hit the media, and I suspect it’s only going to be the start.  There will be the inevitable civil lawsuit, as well as more details to come from there.   Plus, if someone tries to make something happen during the legislative session over misdemeanor charges, I’m sure there will be more details that will continue to drip out.

But in the meantime, did everyone notice that we have two candidates aggressively pursuing the vacancy in of the office of School and Public Lands –  Jordan Youngberg & Brock Greenfield – with at least 1-2 more eyeing it up?

And mentioning the next Attorney General’s race.. it did not escape many people’s attention that former Attorney General Marty Jackley was at the GOP Central Committee meeting events on February 5 & 6, saying hello.

After ginning themselves up on the words of Bruce Whalen vodcasting to them a couple weeks back, the leader of the group of people who want to primary John Thune in 2022 – Julie Korth –  is promoting weirdness and is suggesting people rethink their churches because apparently they need to be more conservative..

The anti-Thune group seems to have completely jumped the shark at this point, and has long devolved into goofiness, with retirees and bored people spending their winter hours sating themselves on memes.

With this type of activity a year out from the time when candidates start coming out of the woodwork, a few predictions for what I think we’re going to see place.

 

Primaries at the State or Federal level?

Meh. Just not seeing anything to take seriously.

As noted, I think we’re seeing a lot of goofiness and buffoonery.  Maybe the anti-‘s  could get someone to take the hit for their team, but didn’t we see this last election?   When you are getting yourself puffed up to use candidates like Lora Hubbel or Liz May to be your messenger, you can prepare for the incumbent to defeat them with a vote of 75-80%.

 

Primary convention contests?

We’ve got at least one right now.. and I think there’s a possibility we may will have a couple.  School & Lands obviously.  AG? Likely. Anything beyond that is pretty unsure.

 

Legislative contests?

Now here’s something we haven’t spoken about for a while. In case you might have forgotten, we’re moving into re-districting later this year, and everything that was old will now be new again.   Plus there will be 13 seats up due to term limits.

Here’s where we’re going to see a lot of new faces, some old faces shifting to another chamber, and some hard-fought battles.  No specifics as of yet, but when we see realignments, we get people who pop up from outside of anyone’s radar, and decide to just run for the sake of running for office because they want to make a difference.

So keep an eye out for the chaos of 2022.

Not a lot of chaos. But maybe just a little.

Governor Noem Signs Bills into Law

PIERRE, S.D. – Today, Governor Kristi Noem signed fourteen bills into law:

• SB 3 enforces directives regarding contagious disease control.
• SB 5 includes a child’s legal parents and guardians in the list of parties who may receive information related to reports of the child’s abuse or neglect.
• SB 51 transfers licensure of individuals who may alter, repair, construct, or install on-site wastewater systems to the Plumbing Commission.
• SB 58 removes an outdated cross-reference to the risk pool.
• SB 61 revises a cross reference regarding the South Dakota Housing Development Authority’s investment agreement.
• SB 62 revises certain provisions regarding appeals by the prosecution.
• SB 74 revises certain provisions regarding drones.
• HB 1011 increases certain boiler inspection fees and dedicates more of the fees to the state’s boiler inspection program.
• HB 1014 establishes uniform complaint and declaratory ruling procedures for agencies regulating certain professions and occupations.
• HB 1015 provides rule-making authority for establishing an appraiser experience training and setting fees.
• HB 1027 identifies Water Management Board officers, authorizes appointment of a prehearing officer, and defines the duties of the prehearing officer.
• HB 1028 revises petition requirements and the criteria for issuance of a water right permit.
• HB 1071 corrects incorrect cross-references dealing with crimes and criminal procedures.
• HB 1078 revises certain provisions regarding the South Dakota Historical Society.

Governor Noem has signed seventy-five bills into law this legislative session.

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From the Rapid City Journal, it appears that Phil Jensen isn’t going to get his Q&A tIme with the Governor after his bill is voted against… well, by everyone in Committee:

From the Argus Leader, an update on their story of a resignation demand coming from the House of Representatives for Attorney General Jason Ravnsborg:

House Majority Whip Tim Goodwin, R-Rapid City, told his constituents over the weekend in a letter that lawmakers could force Jason Ravnsborg out of office through impeachment if he does not resign, which is what the representative is calling for.

While acknowledging the presumption of innocence until proven guilty, Goodwin said Ravnsborg should spare the state more controversy and uncertainty surrounding the attorney general’s office by relinquishing his position.

Read more on it here.