Category: Uncategorized

Today is a great day to reflect on everything we are all thankful for.

Happy Thanksgiving from South Dakota War College, and personally from my family!

Disability Rights South Dakota Files Complaint Against Animal Psychology Center in Philip, South Dakota on Behalf of Client with Visual Impairment.

Disability Rights South Dakota (DRSD) has filed a complaint in Small Claims Court on behalf of a woman who is blind. The complaint alleges that the owner of Animal Psychology Center (APC) in Philip fraudulently represented that the dog was trained as a guide dog and a personal protection dog. Her initial experiences with the dog were not encouraging and it became apparent that the dog was not trained to provide the services that she needed.

The woman reported that the dog had abandoned her in the middle of a Minneapolis suburb at night, chased squirrels while working, and led her into road signs and over unstable terrain. She says that she suffered physical injuries as a result of the animal’s unruliness. An evaluation by a Minneapolis trainer confirmed and documented that the dog was not a fully trained service animal able to assist as a guide dog. Not knowing what else to do, the woman contacted APC and was told that APC would only assist if both the woman and the dog returned to Philip for several weeks. However, the woman was unable to do this due to limitations imposed by her disability.

DRSD has become aware that multiple individuals allege similar experiences with APC. Those individuals also believe that they were the victim of misrepresentations made by APC as it relates to the training and capabilities of their purported ‘service animals’.

Many of these individuals stated that they shared their concerns with the South Dakota Attorney General’s Consumer Protection Division. DRSD contacted the Attorney General’s office and was told that no formal investigation had been opened against APC.

Disability Rights South Dakota conducts accessibility polling site observations on election day

Disability Rights South Dakota (DRSD) is the designated non-profit Protection and Advocacy agency in the state of South Dakota. Among the myriad of federal grant programs administered at DRSD, is the Protection & Advocacy for Voting Access (PAVA) program. This grant was established by the Help America Vote Act (HAVA).

On October 29, 2002, President Bush signed HAVA into law to establish, expand and improve access and participation in the election process by individuals with disabilities. One regulation under HAVA is that each voting precinct must offer at least one ballot marking device to enable individuals with disabilities to vote privately and independently. South Dakota uses the ExpressVote ballot marking device.

On November 5, 2024, under the PAVA program, DRSD employees visited numerous polling sites throughout the state to identify barriers for individuals with disabilities exercising their right to vote. DRSD staff applied the standards of the American Disability Act (ADA) accessibility guidelines for polling sites as well as HAVA regulations while conducting their observations.

C.J. Moit, DRSD’s PAVA program lead, stated overall most sites were accessible for individuals with disabilities facilitating private and independent voting. When possible, concerns observed by DRSD staff were addressed in real time with on-site elections officials.

Recurring issues included a lack of designated accessible parking and pathways both outside and inside of polling sites not allowing easy access for individuals with mobility devices.

There were also various issues identified regarding the ExpressVote ballot marking device. Oftentimes, the ballot marking device was situated in such a way that a person who uses a wheelchair or their mobility assistance would be unable to use the machine to vote. In other instances, the ballot marking device was exposed to the entire room, resulting in a situation where individuals were unable to vote privately.

Shockingly, at several polling places the ExpressVote was not present or otherwise operational for voter use whatsoever – a violation of the requirements outlined under both State statute and Federal law. One South Dakota county unilaterally decided to not set up the machine at any of their polling sites. DRSD staff will work with the Secretary of State office and local County Auditors to resolve identified concerns and ensure all voters with disabilities can exercise their right to vote privately and independently.

For inquiries about disability rights including voting accessibility, or if you have concerns of abuse, neglect, or exploitation of people with disabilities, please contact Disability Rights South Dakota at 1-800-658-4782 (605-224-8294 local) or visit their website at www.drsdlaw.org

Faith, Family, and Freedom
By Rep. Dusty Johnson
November 27, 2024

BIG Update

Happy Thanksgiving, South Dakota! I love this season – a time to slow down, spend time with my family, and think about all the things I am thankful for, like faith, family, and our freedoms.

I’m looking forward to working with a Republican Senate and White House to protect these values. Faith, family, and freedom are pillars of our nation, and we need to keep them at the center to remain a strong country.

This Thanksgiving, I hope your home is filled with loved ones, a full table, and thankfulness.

BIG Idea

The Indian Health Service (IHS) has failed numerous times to provide payment to healthcare providers for services under the purchased/referred care program within 30 days of completion. Due to the lack of payment by IHS, many Natives are left to pay a bill they don’t owe, or risk damaging their credit. My bill, the Purchased and Referred Care Improvement Act recently passed the House Natural Resources Committee to remedy this issue and make it even more clear that the IHS is responsible for these payments.

Getting this bill passed Committee is a big step forward to righting wrongs for tribal citizens.

Johnson meeting with Oglala Sioux Tribe

BIG News

The World Health Organization (WHO) recently created a group to study transgender medicine, but the group is filled with bias, secrecy, and has rejected scientific evidence. This group is angling to make gender transition medicine widely available with little to no scientific evidence to support their agenda.

I joined 28 of my colleagues to call on the WHO to dissolve this group immediately. If it isn’t ended, many people who suffer from gender dysphoria will be at risk of using improper drugs and medicinal techniques, and countries around the world will be subject to the WHO’s transgender campaign. This group must end.

You can read the letter I sent to the WHO here.

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Rocky Hayes managed to avoid big boy jail today for possessing child porn he claims to have downloaded 20 years ago yet managed to hang on to since, uploading it to dropbox which was not around 20 years ago:

He admitted the illegal files were on his computer. In a plea agreement with the Lincoln County States’ Attorney, Hayes pleaded no contest to one count of possession of child pornography. Along with 120 days of electronic home monitoring with work release he will pay a $1,000 fine and will be on supervised probation for four years.

And

“Defendant had possessed those same videos throughout the last roughly twenty years, transferring them from one external memory device to another. Defendant’s conviction for one count of possession of child pornography will require him to register on South Dakota’s Sex Offender Registry.”

Read that story at KELOland.com.

While we might question the light sentence, I think we can take solace that he is on the sex-offender registry, and has a 10 year sentence hanging over his head if he re-offends.

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WEEKLY ROUND[S] UP: November 18-22, 2024

Last week was another busy week out in DC! We took 48 votes on the Senate floor as Democrats attempted to confirm as many of President Biden’s nominees as possible before they lose their majority in January. With leadership elections over, we also returned to more regular activity in terms of meetings, hearings and briefings. I had the opportunity to meet with South Dakota groups, including leaders from several tribes in South Dakota. I also attended a few events to discuss advancements in artificial intelligence (AI) as well. All this and more in my Weekly Round[s] Up:

South Dakotans I met with: Leadership from the Oglala Sioux Tribe, including President Frank Star Comes Out; leadership from the Rosebud Sioux Tribe, including newly-elected President Kathleen Wooden Knife; leadership from the Standing Rock Sioux Tribe, including Chairwoman Janet Alkire; Dr. Julie Thorstenson, Executive Director of the Native American Fish and Wildlife Society and member of the Cheyenne River Sioux Tribe; Dr. José-Marie Griffiths, President of Dakota State University and Dr. Ashley Podhradsky, Vice President for Research & Economic Development at Dakota State University; and Chris Baumgartner and Ryan Norrell from Basin Electric Power Cooperative.

Met with South Dakotans from: Eagle Butte, Lantry, Madison, Mission, Onida, Pine Ridge and Watertown.

Other meetings: Christopher Waller, member of the Board of Governors of the Federal Reserve; Adriana Kugler, member of the Board of Governors of the Federal Reserve; Sam Feist, CEO of C-SPAN; Dr. Jon Kosloski, Director of the All-domain Anomaly Resolution Office (AARO); Henry Schuck, CEO of ZoomInfo; Ian Bremmer, President of Eurasia Group; Brian Anderson, President of the Coalition for Health AI; Thomas Tull; Gregory Allen, Director of the Wadhwani AI Center at the Center for Strategic and International Studies; and Ana Botin, Executive Chairman of Santander Group. I spoke at the American Fintech Council’s Policy Summit and at FinRegLab’s AI Symposium. I also hosted an AI Visionaries dinner where I had the opportunity to sit down with leaders from all across the field and discuss the future of AI in the United States. 

I hosted our Senate Bible Study in my office, where our verse of the week was 2 Corinthians 5:20. I also attended a prayer breakfast with Mathilde Mukantabana, Rwanda’s Ambassador to the United States.

Halifax International Security Forum: This weekend, I joined a group of my colleagues in attending the Halifax International Security Forum in Halifax, Nova Scotia, Canada. This conference is always a good opportunity to connect with our allies from around the world to discuss our international security priorities. I spoke on a panel regarding the challenge we face in supporting Ukraine’s defense of their homeland against Russia. You can watch the clip of that here.

Votes taken: 48 – almost all of these have been on nominations to judicial positions across the country.

Legislation Introduced: I introduced the “Returning Education to Our States Act” which would eliminate the U.S. Department of Education and redistribute all critical federal programs under other departments. Despite the Department spending $16,000 per student per year, standardized test scores have been dropping over the past ten years, further displaying the federal Department’s ineffectiveness on the quality of education for American students. Local school boards and state Departments of Education know best what their students need, not unelected bureaucrats in Washington, D.C. My legislation would redirect critical programs like Title I, special education and tribal programs to Departments of Interior, Treasury, Health and Human Services, Labor and State. Most importantly, there would be NO cuts to current funding levels. Read more here.

Floor Action: I delivered remarks on the Senate floor requesting passage of the Wounded Knee Massacre Memorial and Sacred Site Act. This legislation would place 40 acres of land at the site of the Wounded Knee Massacre, purchased by the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe in 2022, into restricted fee status. Unfortunately, my attempt to pass this bill was blocked by Senator Thom Tillis (R-N.C.). I will keep working to get this legislation across the finish line.

Hearings: We had two closed hearings in the Select Committee on Intelligence.

Classified briefings: I attended two classified briefings this week: one on biotechnology as part of my work on the Select Committee on Intelligence and the other on Ukraine as part of my work on the Senate Armed Services Committee.

My staff in South Dakota visited: Aberdeen, Madison, Mitchell, Wall and Watertown.

Steps taken this past week: 51,269 steps or 25.73 miles.

Video of the week: I joined Fox News on Thursday to discuss my new bill “Returning Education to Our States Act” as well as President-elect Trump’s cabinet picks:

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Senator Sydney Davis to Receive CSG 20 Under 40 Leadership Award
20 up-and-coming elected and appointed state officials to be awarded at the 2024 CSG National Conference

LEXINGTON, Ky. (Nov. 20, 2024) — The Council of State Governments has selected Senator Sydney Davis as one of 20 recipients to receive the 2024 CSG 20 Under 40 Leadership Award. This year’s class, representing U.S. 16 states and territories across all four CSG regions, is composed of esteemed and accomplished public servants whose hard work and dedication to public service is exhibited through service to their communities.

“I am truly honored to be recognized for leadership on behalf of my district and state. This acknowledgment demonstrates the importance of collaboration, hard work, and the power of public service to create meaningful change. I share this recognition with my family, mentors, and the incredible community I am privileged to serve. It inspires me to continue working tirelessly for a better future for South Dakota and beyond,” said Senator Sydney Davis. “One of the things I’m most proud of as a legislator is that many of the bills and ideas I’ve brought to Pierre originated directly from conversations with friends and neighbors back home. That means so much to me because that’s exactly how our process should work. It should reflect the voices of the people—bringing forward their questions, concerns, and ideas for solutions. I’ve been honored to help turn those ideas into meaningful policy.”

CSG annually welcomes outstanding leaders to join the 20 Under 40 community who exemplify a commitment to bipartisan and innovative solutions. While politically and personally diverse, the 2024 class is united in their pursuit of advancing the common good.

Senator Sydney Davis was elected to represent District 17 in 2020, where she has been a champion for her constituents and a dedicated voice for rural South Dakota. As the prime sponsor, she has successfully guided 16 bills to final passage and co-sponsored 77 bills signed into law, addressing critical issues like health care, workforce development, and small business support. A lifelong South Dakotan, Senator Davis brings a passion for community, a commitment to common-sense solutions, and a collaborative approach to leadership that delivers real results for the people she serves.

“As these exceptional leaders step forward to shape the future of their states, they embody the values that drive our work at The Council of State Governments — civility, collaboration and innovation,” said David Adkins, CSG executive director/CEO. “The 2024 CSG 20 Under 40 Leadership Award recipients represent the best of public service, demonstrating that leadership knows no age. Their achievements inspire confidence in the promise of state government to meet the challenges of tomorrow.”

“Recipients of the CSG 20 Under 40 Leadership Award showcase the incredible influence young leaders are having across the country to make meaningful impact in their states,” said Lorna Patches, CSG director of leadership development. “We look forward to having the opportunity to feature their achievements and celebrate their success during our annual national conference in December.”

The CSG 20 Under 40 Leadership Award was launched in 2020, inspired by the vision of New Hampshire Sen. Lou D’Allesandro, a devoted public servant of more than 50 years. As the 2019 CSG National Chair, D’Allesandro recognized a need for CSG to foster engagement with younger state leaders. Thanks to his efforts, the talents of 100 emerging elected and appointed state officials have since been recognized.

“The young leaders recognized with the award are a diverse group of change makers whose passion for public service matches the enthusiasm Sen. D’Allesandro has brought to his many public service roles,” Adkins said. “Coach Lou’s legacy looms large in the New Hampshire Capitol and his dedication to serve others is embodied in the recipients of the award he inspired.”

CSG 20 Under 40 Leadership Award recipients are selected from a competitive pool of applicants based on their bipartisan work, leadership and work within a specific policy area. Award nominees have demonstrated excellence in one or more of the following areas:

• Ability to engage officials across party, departments, branch and/or state lines in meaningful ways to advance the common good for their state/territory.
• Provide exceptional leadership to a state project, committee, chamber, commission or special
• Serve as a champion of change and seek to enhance the lives of all constituents within a specific policy area.

In addition to being an elected or appointed state official from a U.S. state or territory, nominees must be age 40 or younger on Dec. 31 of the year in which they are selected.

Recipients of the 2024 CSG Under 40 Leadership Award will be recognized at the CSG National Conference, Dec. 4-7, in New Orleans.

To learn more about the CSG 20 Under 40 Leadership Award, visit web.csg.org/20-40. Applications will reopen in spring 2025 for next year’s class of award recipients.

About The Council of State Governments

The Council of State Governments is our nation’s only organization serving all three branches of state government. CSG is a region-based forum that fosters the exchange of insights and ideas to help state officials shape public policy. This offers unparalleled regional, national and international opportunities to network, develop leaders, collaborate and create problem-solving partnerships.

For more information about The Council of State Governments, visit csg.org.

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A few housekeeping items for SDWC, mainly to do with translating words to sound.

• I’m attempting to find a TTS (Text to speech) solution I like, as I’ve had a couple of requests for people to be able to listen to posts versus trying to read them while on the run and for the visually impaired, so you might see a “listen to post” button appearing here and there as I test things.

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  Let me know what you think in terms of whether it helps with your use of the website, or if it causes weirdness. Ideally, I’d like something that would read all the posts on the page at a time, but we’ll see what solutions I can find.

• The “listen on the run” discussion has also moved me closer to working out the details for a regular podcast or vodcast (Video podcast) and moving that forward. I’m mainly slogging through the format, since I’m the writer, producer, audio engineer, etc. I don’t want to do it, unless I can do it well, but I’m just about there.  More on this to come, and if there are potentially interested sponsors, get in touch, and we can talk.
• Speaking of sponsors, there are still lots of advertising space left as we move towards the 2025 session (and the 2026 elections) – drop me a note for details and prices.

Attorney General Jackley Reminds Shoppers About Holiday Scams

PIERRE, S.D. – With the Christmas shopping season starting in earnest this week,  South Dakota Attorney General Marty Jackley warns shoppers that scammers look to dampen the holiday spirit.

“Scammers enjoy the holidays for all the wrong reasons,” said Attorney General Jackley. “They are always looking for ways to steal a person’s personal and financial information whether people are shopping in a store or online.”

One common scam during the holidays is receiving an email or text from the U.S. Postal Service, Federal Express or another delivery service telling the customer they have a package waiting and to click onto to the attached link for delivery instructions. Never click onto such a link but contact the delivery organization directly to confirm the information.

A scam that has increased during the holiday season involves gift cards. People who purchase gift cards should carefully check the card to make sure there has been no visible tampering with the package or the area to scratch off the code.

“Before you sign for an unexpected delivery, click onto a strange website or email, or agree to buy something over the telephone or Internet, always take a few minutes check out things first,” said Attorney General Jackley.

If you believe you have been a victim of a shopping scam or theft, you are encouraged to call the Consumer Protection Division at [email protected] or call 1-800-300-1986 or 605-773-4400.

Consumers can also sign up for Consumer Alerts via email from the Consumer Protection Division at www.consumer.sd.gov. Email addresses will not be shared or sold to a third party.

The Consumer Protection Division offers these tips on how to stay shopping safe:

IN-STORE PURCHASES

1. 1. Check the refund and return policies for restrictions and exceptions.
   2. Are there re-stocking fees for returned items?
   3. When buying gift cards, check for fees and expiration dates that apply.
   4. Compare Prices.
   5. Review warranties before purchasing.

Along with those traditional shopping methods consumers also need to proceed with caution when dealing with online retailers.

 ONLINE SHOPPING TIPS:

1. 1. Always place orders from a secure connection – If your computer isn’t protected from potential malicious software, your financial information and passwords are at risk from being stolen and anything else you store on your computer or do online.
   2. Avoid offers that seem “to good to be true” – Any e-store that promises too much at too low a price should cause you to pause before going forward. Look-a-like sites are out there waiting to take your information and money.
   3. Don’t use an e-store that requires more information than necessary to make the sale.  Expect to provide method of payment, shipping address, telephone number, and email address IF the merchant requests other information walk away from the sale.  Never give your bank account or social security information.
   4. Need to create a password for a site? – make it unique.  Most site will allow you to make the purchase as a guest but if you want to create account use a unique and strong password.
   5. Is the site secure?  Look for the “https” NOT “http” the ‘s’ tells you website is secure and encrypted to protect your information.
   6. Use a Credit Card to make your purchases – Credit cards have standard protections in place should your card information be stolen.
   7. ALWAYS check the company’s shipping and return policies. Know the time frames for eligible returns and do you need a RMA, Return of Merchandise Authorization number before returning merchandise.
   8. ow the time frames you may be up against if you need to return the product.
   9. If the Terms and Conditions are buried within the site or if they are vague – stop and think before completing the purchase.

SMARTPHONE SHOPPING TIPS:

1. 1. Be sure your computer and mobile devices are current with all software updates.
   2. Be cautious of social media scams. Stick to the sites that you are familiar with and do not click on unfamiliar links.
   3. Research price comparison apps. There are many malicious mobile apps just ready to be downloaded.
   4. Do not download apps from unknown sources.

SCAM MESSAGE TIPS:

1. 1. Never click or access the link that is provided.
   2. Always go directly to source and contact them.
   3. Scammers may tell you there is a fraud investigation, and you must “verify” your account or claim there is an unauthorized or fraudulent activity on your Amazon account
   4. Common ways to detect a fake message:

1. Misspelling and poor grammar;
2. Abnormally long numbers;
3. Suspicious link – nothing relevant to the company they say they are from;
4. Message is urgent; and,
5. Message offers a refund.

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The South Dakota State Senate completed their committee rosters this afternoon shortly after the House of Representatives:

Legislative Committees (** denotes Chair, * denotes Vice Chair):

Agriculture and Natural Resources: Tom Pischke**, Kevin Jensen *, Sydney Davis, Helene Duhamel, Sam Marty, Mike Rohl, Curt Voight

Appropriations: Ernie Otten**, Mark Lapka*, John Carley, Red Dawn Foster, Taffy Howard, Paul Miskimins, Glen Vilhauer, Mykala Voita, Larry Zikmund

Commerce and Energy: Casey Crabtree**, Sue Peterson*, Arch Beal, Randy Deibert, Joy Hohn, Chris Karr, Steve Kolbeck, Liz Larson, Carl Perry

Education: Kyle Schoenfish**, Curt Voight*, Sam Marty, Lauren Nelson, Sue Peterson, Stephanie Sauder, Jamie Smith

Government Operations and Audit: Taffy Howard**, Ernie Otten*, Chris Karr, Mark Lapka, David Wheeler

Health and Human Services: Kevin Jensen**, Sydney Davis*, Tamara Grove, Carl Perry, Tim Reed, Jamie Smith, Curt Voight

Judiciary: David Wheeler**, Amber Hulse*, Greg Blanc, Helene Duhamel, Tamara Grove, Jim Mehlhaff, Tom Pischke

Legislative Procedure: Chris Karr**, Jim Mehlhaff*, Randy Deibert, Liz Larson, Carl Perry, Sue Peterson, Tom Pischke

Local Government: Tim Reed**, Helene Duhamel*, Lauren Nelson, Mike Rohl, Kyle Schoenfish, Jamie Smith, David Wheeler

Military and Veterans Affairs: Larry Zikmund**, Sam Marty*, Greg Blanc, Joy Hohn, Taffy Howard

Retirement Laws: Randy Deibert**, Glen Vilhauer*, Red Dawn Foster, Steve Kolbeck, Jamie Smith

State Affairs: Jim Mehlhaff**, Carl Perry*, Arch Beal, Randy Deibert, Kevin Jensen, Chris Karr, Liz Larson, Sue Peterson, Tom Pischke

Taxation: Steve Kolbeck**, Joy Hohn*, Greg Blanc, Casey Crabtree, Sydney Davis, Tamara Grove, Amber Hulse

Transportation: Randy Deibert**, Arch Beal*, Joy Hohn, Liz Larson, Stephanie Sauder, Kyle Schoenfish, David Wheeler

Interim Committees (** denotes Chair or co-Chair):

Joint Appropriations: Ernie Otten**(co-Chair), Mark Lapka, John Carley, Red Dawn Foster, Taffy Howard, Paul Miskimins, Glen Vilhauer, Mykala Voita, Larry Zikmund

Rules Review: Taffy Howard, Liz Larson, Jim Mehlhaff State-Tribal Relations: Mike Rohl**(co-Chair), Red Dawn Foster, Tamara Grove, Sam Marty, Jamie Smith