Bathroom measure being abandoned for now; “issue for legislature, not ballot.”

Sponsors of a legislative measure dictating that people use the bathroom that corresponds with the gender on their birth certificate announced that they will be abandoning their effort and wait for a new Governor, but also made a point to call the bathroom/locker room mandate “an issue for the legislature, not the ballot.”

According to the associated press:

A major supporter of restricting which facilities transgender students could use in South Dakota schools plans to pause its effort at the Capitol and instead wait until the 2019 session when a new, potentially more favorable governor will be in office, a top official said Thursday.

Family Heritage Alliance Action won’t bring a “student privacy act” next session in part because of GOP Gov. Dennis Daugaard’s past opposition, said Ed Randazzo, the nonprofit’s director of political operations.

And…

But Randazzo said he’s buoyed because the two top Republicans vying to succeed Daugaard — Attorney General Marty Jackley and U.S. Rep. Kristi Noem — have offered support for the idea. Daugaard can’t run again next year because of term limits and leaves office in 2019.

And…

Randazzo said that the last he’d heard, the initiative (similar measure backed by another individual – pp) was going to be withdrawn. He said it’s an issue for the Legislature, not the ballot.

“The reason for that is: I think you invite outside forces, outside money, outside interests … influencing the laws of South Dakota, and we don’t particularly like that,” Randazzo said.

Read it here.

Whatever you think about the bathroom measure, not putting it to the ballot because it should go through the legislature is actually a refreshing change of pace.

Attorney General Jackley Joins Request to U.S. Supreme Court to Review Establishment Clause of the United States Constitution 

Attorney General Jackley Joins Request to U.S. Supreme Court to Review Establishment Clause of the United States Constitution 

PIERRE, S.D –  South Dakota Attorney General Marty   Jackley announces  that South Dakota has joined with 20 other State Attorneys General as amicus curiae, or friend of the court, requesting that the United States Supreme Court review whether a   monument of the Ten Commandments placed on city property violates the Establishment Clause of the United States Constitution.

“One of my primary responsibilities as Attorney General is to protect state and individual rights.  The joining State Attorneys General seek freedom to erect, authorize, and maintain constitutional religious displays on public property without   the ongoing threat of wasteful litigation and request our United States Supreme Court clarify its Establishment Clause doctrine,” said  Jackley.

The brief requests the United States Supreme Court grant certiorari to clarify when religious text and symbols on monuments many be displayed on public property without violating the Establishment Clause. The State Attorneys General request the Supreme Court provide a clear, workable test for lower federal courts in order to avoid the potential of all states having to enter into costly litigation to preserve the historical practice of religious monuments on public property.

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Mark Mickelson out on the stump for Ballot measure increasing tobacco taxes

From the Watertown Public Opinion, Speaker of the House Mark Mickelson was out on the road yesterday to promote his ballot measure increasing taxes on tobacco products to help fund tuition for Tech Schools:

Over a luncheon with Watertown school, business and community leaders, South Dakota House of Representatives Speaker Mark Mickelson, R-Sioux Falls, advocated for the tax increase that, if passed, would potentially raise $30 million annually, with $20 million going toward decreasing student tuition and fees at the state’s four technical institutes. The other $10 million would go into the state’s general fund.

and…

Although Mickelson acknowledged there is little correlation between tobacco and technical institutes, he had a simple explanation as to why the potential ballot measure is looking at raising only the tobacco tax: It’s easier.

Polling conducted by Mickelson’s associates showed about 65 percent support for the tax.

“We only picked tobacco because the public will support it. It’s that simple,” Mickelson said. “We already know the public supports tech students. But it’s a lot harder to get people to reach into their pocket with their support. We think this is a place they will reach into their pockets to support it.”

Read it all here.

I think my concern is that it seems that as a funding mechanism, it’s unreliable, especially since the increase in taxes may make the funding source even more unstable than it already is. That was one of the problems with proposals to put video lottery down as a source of education funding. Because what do you do when people stop using it?

What are your thoughts on all this?

NCSL Welcomes new leaders elected at NCSL Legislative Summit; Deb Peters of South Dakota 45th NCSL President

NCSL WELCOMES NEW LEADERSHIP OFFICERS ELECTED AT NCSL LEGISLATIVE SUMMIT

Boston—Senator Deb Peters of South Dakota became the 45th president of the National Conference of State Legislatures (NCSL) at the annual Legislative Summit in Boston. Peters, a Republican, succeeds Democratic Senator Dan Blue of North Carolina.

NCSL, a bipartisan organization that serves the nation’s 7,383 state lawmakers and more than 20,000 legislative staff throughout the country, alternates its leadership annually between the two parties.

“Having been involved with NCSL for many years, I am honored to serve as president of NCSL and work alongside fellow colleagues from around the nation,” said Peters. “Not only will I work over the next year to address issues like states’ rights, taxation and health care, which should transcend party lines, but I will also work with our Washington office to ensure federal policies are in line with state priorities.”

Peters has been representing District 9 in the South Dakota Senate since 2011. In the preceding years, she served consecutively in the South Dakota House of Representatives beginning in 2005.

During her time as a senator she has focused on health and safety issues as well as e-fairness, becoming the Appropriations chair and a member on the Government Operations and Audit Committee. Peters most recently worked on the Main Street Fairness Act and the Remote Transactions Parity Act to limit burdens on retailers and encourage remote sellers to collect taxes, leveling the playing field. While involved with NCSL, Peters has been especially active in the Executive Committee’s Task Force on State and Local Taxation.

Other officers elected were:

  • Illinois Senator Toi Hutchinson (D), president-elect. Hutchinson has served in the Illinois Senate since 2009 and currently serves as chairwoman of the Senate Revenue Committee. In that role, Hutchinson introduced legislation to close corporate tax loopholes, and passed legislation increasing the earned income tax credit as well as the standard tax exemption. As a senator, Hutchinson has placed a high priority on working to modernize Illinois’ tax structure, protecting women and children from violence and exploitation and supporting construction projects that create jobs while also maintaining Illinois’ position as an international transportation hub.
  • Wisconsin Speaker Robin Vos (R), vice president. Under his leadership, the Legislature has approved one of the largest tax cuts in Wisconsin history and became the 25th right-to-work state in our country. He is also proud of the bipartisan work in the Assembly where more than 90 percent of the bills passed receive bipartisan support. His speaker’s task forces have developed important legislation on topics including mental health, rural schools, Alzheimer’s and dementia, urban education and youth workforce readiness.
  • Chuck Truesdell of Kentucky’s Legislative Research Commission, staff chair. Truesdell has worked for the Kentucky Legislative Research Commission, first as an assistant public information officer, and now as a fiscal analyst. He has been on the Legislative Staff Coordinating Committee for seven years, and has chaired two of three existing LSCC subcommittees. He has also served as overall staff co-chair of the NCSL Standing Committees.
  • Jon Heining of Texas’s Legislative Council, staff vice-chair. Heining has worked has worked for the Texas Legislature in a variety of positions since 2003, first as a bill analyst and attorney to the lieutenant governor and since 2006, with the Texas Legislative Council. He is currently responsible for drafting legislation, addressing personnel issues, reviewing analyses of legislation, drafting contracts, providing advice regarding ethics and open records law, answering press calls and assisting with certain parliamentary issues, just to name a few. He has been on the Legislative Staff Coordinating Committee (LSCC) for five years, and has chaired numerous other LSCC subcommittees. He has also served on the NCSL Executive Committee since 2014.

NCSL is governed by a 63-member Executive Committee, elected yearly, which includes both legislators and staff, under the leadership of seven officers.

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Press Release: Time to Tear Down Barriers in South Dakota

Time to Tear Down Barriers in South Dakota

Group hails Gov. Daugaard’s commitment to repeal unneeded occupational licensing requirements to empower workers and entrepreneurs

Pierre, SD – Americans for Prosperity-South Dakota (AFP-SD) is hailing the commitment of Governor Dennis Daugaard to eliminate unnecessary occupational licensing laws. Governor Daugaard spoke in favor of eliminating licensure requirements in Sioux Falls in front of U.S. Labor Secretary Alexander Acosta.

South Dakota ranks 22nd for the most burdensome licensing laws. Occupational licensing laws amount to little more than government permission slips to work. These unnecessary licensing mandates burden entrepreneurs, costing hardworking South Dakotan’s time and money and mostly serve as measures to limit competition and the free market.

AFP-SD state director Don Hagger released the following statement:

“We applaud Gov. Daugaard’s commitment to roll back unnecessary work licenses. It’s not just massage therapists, as Governor Daugaard mentioned, that are burdened by these unnecessary roadblocks. For instance, cosmetologists in South Dakota have to comply with 490 days of training, the most of any state in the nation. And title examiners, a profession only licensed in six states, pay $800 in fees, nearly three times more than the average state. Occupational licensing mandates hurt South Dakota.

“South Dakotan’s should be free to pursue the American Dream. By repealing unneeded license requirements and honoring licenses obtained in other states South Dakota will open the door for job growth and entrepreneurship that will make our economy stronger.”

South Dakota Judge slams Colorado pot legalization

From the Pierre Capitol Journal, Judge John Brown had some harsh words for Colorado and the position that their legalization of drugs (still illegal at the federal level) have put neighboring states in as they deal with the aftermath:

When Keith Norman Thompson, 65, flew into Pierre from Denver at 7 a.m., Sept. 14, 2016, police on duty found a suspicious substance in his bag. It turned out to be marijuana “butter,” a way of enhancing the amount and effect of THC from the drug. Thompson also had “raw” pot leaves and a pipe, police said. Thompson admitted it was there and that he did not remember it was in his bag.

Normally, possession or ingestion of pot is a misdemeanor in South Dakota, but in the “butter” form, it can be a felony.

and…

However, he did grant him a suspended imposition of sentence and three years of supervised probation in Colorado, if the details worked out.

But Brown also said that he wasn’t happy with the effects of Colorado legalizing marijuana.

“Colorado has done a disservice to other states surrounding them and a disservice to their citizens, too, in exposing them to the very situation you find yourself in,” Brown said in stern tones, saying he resented that Colorado’s legalization of what are illegal drugs in most other states such as South Dakota “would put all of us in that awkward situation.”

Read it all here.

A good reason for South Dakota not to join the “bad neighbor” club of states in allowing legalized pot.

“Retirement at sixty-five is ridiculous. When I was sixty-five I still had pimples.” ~George Burns

While the bickering and political posturing was nothing like it is now, in the 1980’s, Senator Abdnor often sat in the Senate chambers with Senator Paul Tsongas (D-MA) and they lamented the bickering. Because they both had speech impediments, I sometimes wondered if that was the original genesis of their close relationship. But, more likely is the father* of Senator Tsongas’ wife, Niki, was from South Dakota who was definitely one of Jim’s favorite wife of a fellow Senator as they hugged each other with too much genuine affection for it to be anything but sincere.

Anyway one night during an all night session the partisanship was even more rancorous than normal and Tsongas turned to Jim and said, “Let’s start our own party. It can be the party that listens to the people, listens to the facts, and doesn’t speak until we’ve learned all we can. He (referring to the Democrat speaking on the floor) doesn’t know what he is talking about.”

Jim said, “Well what about abortion? (they held diametrically opposing positions)” and Tsongas said “We are going to be the party that doesn’t’ have to agree on anything but its members are open-minded and listen.” I wish I could remember how the conversation ended and Jim’s response. So many half memories.

Why do I bring this up? US Representative Niki Tsongas just announced she is not running for re-election. I’m pretty sure there are very few issues upon which I agree with Mrs. Tsongas but I remember her fondly. Our system needs people like her. Decent people can disagree without being disagreeable.

* Anyone who knew Jim, know he loved athletics and of course Jim knew Niki’s father was an All-North Central Conference guard during his time at SDSU. I was there when Jim told her and, she remarked it was something she didn’t know about her father and asked Jim if he was sure. Jim was sure because it was an SDSU team during his high school years and Jim could name their other good players. Why do I remember this and not the rest the aforementioned conversation?

Citizens Against Assisted Suicide launches effort opposing suicide in South Dakota

The South Dakota Ballot Measure group Citizens Against Assisted Suicide – a South Dakota nonprofit organization with a nine-member bipartisan board – is up and running to oppose the ballot measure currently being circulated to legalize physician assisted suicide in South Dakota.

And in one of their first salvos against the organized effort to kill grandma, they’ve produced an infographic handout to explain the problems with the measure:

You can download the handout yourself here: No Suicide Infographic – SDakota 2  

Anyone wishing to make a contribution to support their efforts can send a donation to:

Citizens Against Assisted Suicide. Inc
c/o Steve Haugaard, Treasurer
1610 East 69th Street #302
Sioux Falls, SD 57108

Inquiries about the group can be sent to their spokesperson:

Sara Frankenstein
506 Sixth Street
Rapid City, SD 57701

Stay tuned – lots more to come on opposing the measure