Category: Uncategorized

Release: Attorney General Jackley’s 2018 Legislative Package 

Pat Powers

Attorney General Jackley’s 2018 Legislative Package 

PIERRE, S.D. – Attorney General Marty Jackley announces that the Attorney General’s proposed legislative package for 2018 will include a request that our Legislature consider and enact the following:

1.    Increase penitentiary sentences for distribution and manufacture of methamphetamine

“America is living a methamphetamine epidemic that is affecting South Dakota and hurting our families and communities. Almost all the meth distributed into our communities is being manufactured outside the state. It is time to send a message to anyone distributing meth to our communities and children that they will face significant penalties that include enhanced sentences and mandatory penitentiary time.”

Most Sheriffs, Chiefs of Police and State’s Attorneys will confirm that a significant majority of crimes committed in our state involve addiction and drug abuse in some form. Increased meth arrests in our state demonstrate we are continuously fighting the effects of this national meth epidemic.

It is important that South Dakota continue to fight back with strong prevention programs, treatment programs, and enforcement against those distributing drugs in our state.

Prevention:     In the fall of 2016, the Attorney General’s Office, along with our law enforcement partners, sponsored the  statewide  methamphetamine  awareness campaign found at www.nomethever.com. In May of 2017, Project Stand Up to drugs was launched by the Attorney General’s Office, Sanford Health, South Dakota Sheriff’s Association, South Dakota Police Chief’s Association and the South Dakota Department of Public Safety. Project Stand Up is a coordinated effort to stand up to illegal drug use in South Dakota with the anonymous texting tip line – Text “Drugs” to 82257.

Treatment:    The Attorney General’s Office, its law enforcement partners and the judicial system have and will continue to actively support and create Drug Courts, Hope Courts, and Veterans Courts that focus on treating addiction for users (not distributors or manufacturers) of illegal drugs. In addition, South Dakota’s 24/7 Sobriety Program under the Attorney General and run by our Sheriff’s Departments continues to be a successful monitoring program with drug testing and oversight components.

Enforcement:   In 2012, the Attorney General’s Office sponsored SB 41 which made the sale of a main ingredient used in the manufacture of methamphetamine, pseudoephedrine, electronic. This legislation allowed for the beginning of a more searchable and useful database of pseudoephedrine sales that has successfully reduced the availability of pseudoephedrine for the manufacture of methamphetamine in South Dakota.

Unfortunately, drug users have turned to trafficking drugs primarily from our nation’s southern border. In July of 2014, as the Chairman of the Conference of Western Attorneys General, Attorney General Jackley entered into the Attorneys General agreement with the United Mexican States in combatting drug crimes, weapons trafficking and human trafficking. It remains Attorney General Jackley’s hope that in light of the national meth epidemic, our federal partners will further assist with the Conference of Western Attorneys General and the United Mexican States in this important effort to stop drug trafficking into our states.

New Legislation: The new legislative proposal focuses on the distribution and manufacture of meth and includes the following:

  • Increases the penalty for the distribution and manufacturing of methamphetamine to a Class 3 felony, which carries a maximum penalty of 15 years imprisonment and a fine of $30,000. Current law is a Class 4 felony (10 years/$20,000).
  • Enhances the distribution and manufacture of methamphetamine if the person possesses certain triggering items including cash, firearms, and items associated with the trafficking of drugs to a Class 2 felony, which carries a maximum penalty of 25 years imprisonment and a fine of $50,000. Current law is a Class 3 felony (15 years/$30,000)
  • Enhances the distribution of methamphetamine to a minor to a Class 1 felony that carries a maximum penalty of 50 years imprisonment and a fine of  $50,000. Current law is a Class 2 felony (25 years/$50,000)
  • Provides for a mandatory state penitentiary sentence for the distribution and manufacture of methamphetamine to include: 1 year for a first conviction; 10 years for a second or subsequent conviction; 5 years for the first conviction of distribution to a minor; and 15 years for a second or subsequent conviction of the distribution of methamphetamine to a minor. Current law provides for mandatory sentences that are rarely applied.
  • A court may only go below the mandatory sentence if the court makes written findings that a defendant meets the following criteria that is modeled after the federal safety valve drug abuse law:
  1. the defendant does not have a prior violent felony as defined by 22-1-2(9);
  2. the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense;
  3. the offense did not result in death or serious bodily injury to any person;
  4. the defendant was not an organizer, leader, manager, or supervisor of others in the offense; and
  5. not later than the time of the sentencing hearing, the defendant has truthfully provided to the State all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the State is already aware of the information shall not preclude a determination by the court that the defendant has complied with this

2.    Enhance penalties for persons who distribute and manufacture controlled substances when a person dies as a result of using that substance 

“The manufacture and distribution of illegal drugs creates both a public health and safety concern.  Anyone who manufactures and distributes illegal drugs that result in   a death should be held accountable.”

In 2016, South Dakota families and communities experienced 51 accidental overdose deaths.

Under the proposed legislation, any person who intentionally and unlawfully  distributes or manufacturers a controlled substance and another  person  dies  as  a result of using that substance, shall have their sentence of the principal felony  enhanced by two levels. By way of example, if the person is found guilty of unlawful distribution of methamphetamine under current law, it would be a Class 4 felony with  a maximum punishment of up to 10 years. If the recipient of the methamphetamine dies, it would be increased two levels to a Class 2 felony punishable up to 25 years.

3.    An Act to Require the Reporting of Data Breaches of Personal Information to Consumers and to the Attorney General 

“Data breaches such as occurred with Equifax and Target have affected thousands of South Dakotans’ financial security and personal information. South Dakota needs a fair reporting law which is not burdensome and requires consumers to be informed of the loss of their personal information. This equips them to make informed decisions about their financial security and to assist law enforcement in its investigation of  major data breaches.”

Under the proposed legislation, upon discovery of a breach of a system security, the information holder must disclose the breach to any resident of South Dakota whose personal or protected information was acquired by an unauthorized person within 45 days of that discovery. Furthermore, if that breach of the security system exceeds 250 South Dakota residents, the Attorney General must also be informed within 45 days.

The notice by the information holder may be by written notice, electronic notice, or substitute notice.  A failure to comply with the notice requirement would be a  Deceptive Act under existing South Dakota law (§37-24-6) for purposes of criminal and civil enforcement. The Attorney General may also bring an action to recover civil damages of not more than $10,000 per day per violation.

4.    An Act to Strengthen Human Trafficking Laws

“It is important that we protect our children with both strong human trafficking prevention laws and cooperative law enforcement operations that focus on removing sexual predators from our streets. The proposal is intended to strengthen and support  the law enforcement undercover operations that are focusing on removing sexual predators from our streets before a young child is victimized and trafficked.”

South Dakota law currently makes first degree human trafficking a Class 2 felony punishable by up to 25 years imprisonment and a fine of $50,000. This proposed legislation will further strengthen our human trafficking laws that apply to minors by making an attempt to commit a violation of first degree human trafficking where the victim is a minor punishable in the same manner as if it was carried through. Table II below shows that South Dakota law enforcement have completed the following successful operations to date:

5. An Act to Improve South Dakota’s Sex Offender Registry 

“South Dakota’s Sex Offender Registry exceeds national standards, partners with our Reservation communities, and protects our children. South Dakota was the fourth registry in the nation to be certified and has a compliance rate of 98.5 percent with 3,616 registered sex offenders. The proposal both clarifies the requirements for sex offender registration and provides enhancement for habitual registration violations.”

In 2010, the South Dakota Legislature worked with law enforcement to revise and strengthen South Dakota’s Sex Offender Registry.  Under South Dakota law, any  person convicted of a listed sex crime is required to register as a sex offender. The proposed amendment seeks to continue to strengthen South Dakota’s Registry and   keep South Dakota compliant with federal requirements and certification. The amendment clarifies the requirements for sex offenders to register. This includes more clearly defining a “community safety zone” and “school” for registration purposes. It further provides an enhancement for those sex offenders that are convicted of their second and subsequent violations to become a Class 5 felony punishable by a  maximum of 5 years imprisonment and a fine of $10,000.

-30-

Former State Rep Patricia Shiery running as Republican in D30 State Senate Race

Pat Powers

Former State Representative Patricia Shiery is apparently throwing her hat in the political ring again, and is circulating petitions to run in the District 30 Republican State Senate primary race in which State Senator Lance Russell or one of the existing House members is already anticipated to run.

Shiery (formerly Stricherz) was socially liberal enough in her earlier run for the legislature that she was one of the few Republicans who managed to garner the support of the political action wing of the statewide advocacy political action committee Equality SD PAC in 2008..

… and her social activism has also been evident in both the local paper, as well as her facebook page as she has also made a point of actively fighting against mining in the area.

Curiously, at the same time she’s been a more moderate Republican, she’s also been aligned at times with the far more socially conservative Republican candidate for Governor Lora Hubbel. Which goes to show you what strange bedfellows politics can make. Like Hubbel, Shiery has run several times, but has won only a single term of office.

Given the hard-right electoral history of District 30, (ignoring the heating Capitol lake story) it’s doubtful that the Republican primary voters of District 30 are going to swing from the conservatism of State Senator Lance Russell to the far more liberal Patty Shiery.

However, it may be worth the popcorn to watch the fireworks.

PRESS RELEASE: NEW COALITION AIMS TO ELIMINATE THE DIGITAL DIVIDE IN RURAL SOUTH DAKOTA

Pat Powers

PRESS RELEASE

NEW COALITION AIMS TO ELIMINATE THE DIGITAL DIVIDE IN RURAL SOUTH DAKOTA

Innovators & rural advocates join forces to deploy TV white spaces technology for high-speed broadband coverage across rural Americ 

Washington, D.C. – Rallying around a plan to eliminate the digital divide by 2022, a diverse group of community leaders, rural advocates and top innovators today announced the national launch of Connect Americans Now (www.connectamericansnow.com) and the formation of local partnerships in South Dakota. The new alliance will work with the Federal Communications Commission (FCC) and other policymakers to ensure that there is sufficient unlicensed low band spectrum in every market in the country to enable broadband connectivity.

“All Americans – regardless of where they live – deserve access to high-speed internet,” said Richard T. Cullen, Executive Director of Connect Americans Now (CAN). “Without a broadband connection, millions of students struggle to keep up with their assignments, Americans in rural areas are unable to fully utilize telemedicine, farmers are denied the promise of precision agriculture and businesses are unable to tap into the world of online commerce. Congress and the FCC must stand with rural America by allowing internet service providers to deliver broadband via white spaces spectrum.”

CAN’s local partners in South Dakota include the American Pain Relief Institute, Spiral Communications, and Beal Distributing Inc. CAN’s national founding members include Microsoft, ACT: The App Association, the National Rural Education Association, the Schools, Health and Library Broadband Coalition, Axiom, the Mid-Atlantic Broadcasting Communities Corporation, HTS Ag, and others. They also are spearheading an advocacy campaign in Washington, D.C., where FCC regulators have the authority to make sufficient unlicensed spectrum available in each market for high-speed internet.

“Reliable broadband access is crucial in the health care industry,” said Dr. Bill Cohen, medical director of American Pain Relief Institute located in Yankton, South Dakota. “Reliable communication between providers can be life-saving, and is desperately needed in a state like South Dakota where more than 70 percent of hospitals are in rural areas. Connect Americans Now has a plan to use TV white spaces to help close the digital divide, and we should do everything we can to move this initiative forward.”

“Without broadband internet access, local businesses and schools lack certain opportunities by not having reliable online access. The rural broadband gap exists because in the past there’s always been the fear that it costs too much and the technology did not exist,” said Lew Weinberg, one of the owners of Spiral Communications. “Connect Americans Now is pushing new technology to utilize TV White Space to expand broadband in a cheaper and more effective way. This is why our local, elected officials need to make it a priority.”

“A reliable and cost-effective broadband connection will change the lives of millions of Americans who live each day without this basic necessity,” said Tad Deriso, President & CEO of Mid-Atlantic Broadband Communities Corp. “Through our pilot project with Microsoft, we have witnessed the transformative effect that providing broadband via TV white spaces brings to rural families who otherwise could not obtain internet service, and hope that the FCC will embrace the potential of Connect Americans Now’s plan to close the digital divide.”

The plan endorsed by CAN will rapidly accelerate the deployment – and reduce the cost – of high-speed internet service for 23.4 million rural Americans who live each day without broadband access. It does so by taking advantage of unused but powerful bandwidth below the 700 MHz frequency range, also known as TV white spaces, made available on an unlicensed basis. Wireless signals in this range can travel over hills and through buildings and trees and therefore are great for last mile broadband access in rural areas.

From education to telemedicine and precision agriculture to business development, closing the digital divide could transform the lives and livelihoods of rural Americans from all walks of life.

Implications of the Digital Divide in South Dakota and Around the U.S.

  • 5 million students lack access to high speed internet, but 70 percent of teachers assign homework that requires a broadband connection. More than 52,000 South Dakota students reside in rural areas, where more students struggle to keep up with their assignments and fail to learn the computer skills they need to succeed and enter college or the workforce.
  • Telemedicine could collectively save lives and millions of dollars annually for underserved patients and rural hospitals that pay up to three times more for broadband than their urban counterparts. Seventy-one percent of South Dakota’s hospitals are in rural areas, and broadband connectivity could allow their patients, regardless of where they live, to access specialists and benefit from advanced monitoring services that would normally require hours of travel for patients or their providers.
  • South Dakota is home to more than 32,000 farms, and broadband access could bring them promise of precision agriculture, including remote monitoring equipment that helps farmers save money by optimizing irrigation, conserving resources and increasing yields. It also allows farmers to search for new customers, find buyers willing to pay higher prices and identify the most affordable sources of seeds, fertilizers and farm equipment.
  • Small businesses employ 58 percent of South Dakota’s workforce, and broadband access will drive economic growth and job opportunities by enabling them to expand their customer base from local to global and attract new industries to rural communities.
  • High-speed internet supports workforce development by allowing rural job seekers to access services online, develop new skills through cloud-based training and secure additional employment opportunities like remote teleworking. It will also allow rural communities to keep and attract new workers who require a broadband connection to carry out their daily responsibilities.

About Connect Americans Now

Connect Americans Now is a group of concerned citizens, local organizations, rural advocates and leading innovators committed to eliminating the digital divide that is holding back rural America. Our goal is to bring rural Americans who currently lack connectivity safe and affordable broadband access by 2022 so they can take advantage of the economic and educational opportunities that exist in other communities.

###

Attorney General Candidate Jason Ravnsborg Endorsed by a Majority of South Dakota’s County Sheriffs

Pat Powers

ATTORNEY GENERAL CANDIDATE JASON RAVNSBORG ENDORSED BY A MAJORITY OF SOUTH DAKOTA’S COUNTY SHERIFFS 

Jason Ravnsborg of Yankton, South Dakota, announced today that 40 of the County Sheriffs of South Dakota have endorsed him to be the next Attorney General of South Dakota.

“I am humbled and honored to have earned the endorsements of the majority of the Sheriffs of our state as I seek to become the state’s top law enforcement official,” said Ravnsborg.

“I appreciate how Jason brings a fresh look to the concerns of law enforcement in both rural and urban settings and how he listened to the differences and how, while some programs work in some areas, they do not always work in other parts of our state.” said Lyman County Sheriff Steve Manger.

As the next Attorney General of South Dakota, Ravnsborg believes that law and order starts with the badge-wearing individuals working 24/7 all over our state. Support for law enforcement has to come from both the top and the bottom as officers work tirelessly keeping communities safe, tackling everything from traffic incidents to drug crimes to victim based offenses.

Ravnsborg states, “Law Enforcement Officers deserve our admiration and respect for their many sacrifices, and as Attorney General I will work to get law enforcement the resources they need to make their jobs easier in protecting each and every one of us, every single day.”

“I have seen how tenacious Jason can be in prosecuting cases. He met with me and my Chief Deputy to discuss a recent case and fought hard to send a dangerous sex offender away to prison” said Union County Sheriff Dan Limoges.

“Jason is clearly a hard working individual, with a strong background of leadership, who I know will work tirelessly for law enforcement. I look forward to working with him when he is Attorney General” said Brookings County Sheriff Marty Stanwick.

Ravnsborg vows to continue to seek the support of all law enforcement officials in South Dakota and plans to continue his visits with state, county and city officials across the state to learn what is needed in our communities and to work at developing solutions to these challenges as they are identified.

Jason is an attorney in the law firm of Harmelink, Fox & Ravnsborg in Yankton, South Dakota; a Deputy States Attorney in Union County; a combat veteran of Iraq and Afghanistan and a Lieutenant Colonel and Battalion Commander in the United States Army Reserves. Jason aims to bring this leadership, courage and dedication to duty to the office of the Attorney General of South Dakota.

If you would like to learn more about Jason please visit www. jasonforsouthdakota.com

-30-

The following Sheriffs have endorsed Jason Ravnsborg for Attorney General

David Fink, Aurora County
Doug Solem, Beadle County
Paul Williams, Bennett County
Lenny Gramkow, Bon Homme County
Marty Stanwick, Brookings County
Darrell Miller, Brule County
Lacey Perman, Campbell County
Randy Thaler, Charles Mix County
Robert McGraw, Clark County
David Solem, Deuel County
Les Mayer, Dewey County
Jon Coler, Douglas County
Todd Holtz, Edmunds County
Kurt Hall, Faulk County
Kevin Owen, Grant County
Timothy Drey, Gregory County
Fred Koester, Haakon County
Chad Schlotterbeck, Hamlin County
Doug DeBoer, Hand County
Brandon Wingert, Hanson County
Wyatt Sabo, Harding County
James Zeeb, Hutchinson County
Matt Haugen, Jackson County
Jason Weber, Jerauld County
John Weber, Jones County
Kevin Scotting, Kingsbury County
Steve Manger, Lyman County
Mark Norris, McCook County
Mike Blom, Mellette County
Lanny Klinkhammer, Miner County
Troy Wellman, Moody County
Curtis Hamburger, Potter County
Kevin Schurch, Spink County
Brad Rathbun, Stanley County
Bill Stahl, Sully County
Carl Hunger, Todd County
Dan Limoges, Union County
Josh Boll, Walworth County
Jim Vlahakis, Yankton County
Gary Cudmore, Ziebach County

Republican Spencer Wrightsman of Brandon announces candidacy for D10 Senate, others starting to pop up..

Pat Powers

Republican Spencer Wrightsman of Brandon used his New Years’ Eve to announce his candidacy for the State Senate seat currently held by Republican State Senator Jenna Haggar:

For new candidates, Wrightsman joins Republican Carl Perry of Aberdeen who announced right before the weekend that he’s going to be a candidate for the District 3 House seat being vacated by State Representative Dan Kaiser:

We should start to see several more announcements coming in short order… If you’re a Republican candidate planning on giving it a run, click here & drop me a note.