Marsy’s Law Task Force to Convene Today

PIERRE, S.D. – Attorney General Marty Jackley announces the Marsy’s Law Task Force will convene today via conference call at 11:00 a.m. (CST).

The following have agreed to serve on the Task Force:

Bob Wilcox, Executive Director South Dakota Association of County Officials
Yvonne Taylor, Executive Director South Dakota Municipal League
Ashley McDonald, Department of Corrections
Lee Axdahl, Department of Public Safety
Jenna Howell, Department of Public Safety
Chris White, Brown County Chief Deputy States Attorney
Aaron McGowan, Minnehaha County States Attorney
Mike Moore, Beadle County States Attorney
Krista Heeren-Graber, SD Network Against Family Violence & Sexual Assault
Matt Konenkamp, Office of the Governor
Susy Starr- SD Unified Judicial System
Staci Ackerman, Executive Director SD Sheriffs’ Association
Jason Glodt, Marsy’s Law Sponsor
Jeff Gromer, Warden Minnehaha County Jail
Marshall Lovrien, Defense Attorney
Lindsey Riter-Rapp, Defense Attorney
Matt Burns, Sioux Falls Police Chief
Dave Krull, Brandon Police Chief
Pat Rotert, Spearfish Police Chief
Mike Milstead, Minnehaha County Sheriff
Jim Vlahakis, Yankton County Sheriff
Dave Bordewyk, Executive Director SD Newspaper Association
Mike Shaw, Private Attorney Insurance Industry
Margo Julius, SD Trial Lawyers Association
Dick Tiezen, Private Attorney Insurance Industry

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Rounds Urges VA to Comply with 2010 Law that Protects Veterans from Exorbitant ER Bills

WASHINGTON—U.S. Senator Mike Rounds (R-S.D.) today spoke on the Senate floor to urge the Department of Veterans Affairs (VA) to comply with the Veterans’ Emergency Care Fairness Act. This law, enacted in February 2010, is intended to make certain that veterans with private health insurance are covered by the VA if their outside insurance does not cover the full amount of non-VA emergency care. Despite its unanimous support and clear congressional intent, the VA has continued its previous policy of denying veterans’ eligible emergency room claims for the past six years. 

Recently, a Minnesota veteran sued the VA after it failed to cover the cost of his emergency treatment as the 2010 law legally requires the agency to do. The U.S. Court of Appeals for Veterans Claims ruled unanimously in April that the VA has been in violation of the Emergency Care Fairness Act since its passage. Unfortunately, the VA has appealed the decision to the U.S. Circuit Court of Appeals. 

“It is a fact that those most affected by the VA’s non-compliance with the Emergency Care Fairness Act are our elderly veterans, many of whom are living on fixed incomes and have limited resources to pay medical bills,” said Rounds during his speech. “Often, these veterans find themselves dealing with collection agencies as a result of emergency care received in the community. In an era where we know that more than 20 veterans commit suicide every day, with 65 percent of those veterans aged 50 years or older, this is unacceptable.

“Today I call on the VA to drop their appeal of the Court’s ruling and begin writing new regulations that comply with the law as Congress intended to properly reimburse our veterans for their emergency room care. I fully understand that there is a cost associated with this course of action. Taking care of our veterans and complying with the law is not a cost issue, however. It is a moral and, in this case, it is also a legal issue. Complying with the intent of the Emergency Care Fairness Act is simply the right thing to do. Should the VA agree, I stand ready to support them in their efforts to take care of our veterans and to get them medical care they need, both from the VA and in the private sector.”

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Attorney General Jackley to Form Task Force to Address Marsy’s Law 

PIERRE, S.D. – Attorney General Marty Jackley announced today the formation of a Marsy’s Law Task Force to work on the interpretation of the law and to address issues surrounding  its implementation.

“As Attorney General I am working to implement the new rights for victims including preparation of the Marsy’s card and upgrading our state notification system. I have formed this task force made up of key members of the criminal justice system to further assist in providing guidance for the implementation of Marsy’s law,” said Jackley.

The Task Force will consist of representation from law enforcement, county officials, municipal officials, prosecuting attorneys, defense attorneys, judicial system, victim representatives and Marsy’s Law sponsors.

Marsy’s Law went into effect on November 16, 2016. With the passage of the law, constitutional requirements were required to be met including victim notification cards distributed to victims via law enforcement. The Marsy’s Card outlines all the victims’ rights and the process to invoke them. The Attorney General’s Office is in the process  of distributing 100,000 copies of the card to law enforcement  statewide.

See the link below for a copy of the Marsy’s Card, which includes a full list of victims’ rights. Additional information will be added to this website link as it become available:

http://atg.sd.gov/victim/marsyslaw.aspx

Thune: A Lot of Work Yet to Do
“We have a real chance to get things done in the next Congress, and I look forward to working with my colleagues on both sides of the aisle to address the challenges facing our nation.”

WASHINGTON — U.S. Sen. John Thune (R-S.D.) today discussed the long list of accomplishments during the 114^th Congress under Republican leadership. The Republican majority worked hard to pass a balanced budget, a major energy bill, a multi-year transportation bill, a Federal Aviation Administration reauthorization, and an education reform bill, among many others. Thune also discussed the work that’s ahead for the 115^th Congress: repealing and replacing Obamacare, immigration and tax reform, addressing the national debt, and finding solutions to various other issues impacting the American people.

South Dakota Public Radio reported yesterday that the leader of a medical marijuana measure which failed to reach the ballot for this past election is going to try again. And she’s planning on adding on recreational pot use in addition to promoting medical marijuana:

Melissa Mentele is the director of New Approach South Dakota. She says marijuana use is already wide spread in South Dakota and enforcement is costing the state $800,000 dollars a year.

Mentele says the group hoped to pass medicinal use first, but consistently ran into the problem of enforcing the law.

“They had issues with regulating it and being able to do their jobs effectively,” Mentele says. “So, what we have done in our new recreational bill is, we have designated the money made by taxes for recreational cannabis sales in South Dakota to go into our general education fund for teacher pay and for pay for law enforcement. The rest of it would go to the state as it needs”

Mentele says that could be projects like infrastructure, taxpayer refunds or giving back to native communities. Mentele says she wants recreational use passed for the right reasons.

Read it all here.

Representative-elect Drew Dennert is featured in the Aberdeen American News this morning as he prepares for transitioning to serving as a state legislator:

On an average fall day, Dennert is mending fences, caring for cattle and checking that falling temperatures haven’t caused any leaks in the water tanks at the family farm north of Aberdeen, but soon his attention will be divided between home and the state Legislature.

Dennert is among the newly elected fresh faces who will be arriving in Pierre Jan. 10. At 21, he will also be the youngest on record according to the Legislative Research Council. Prior to Dennert, the youngest legislator was Aberdeen’s David Novstrup when he was elected as District 3 Representative 10 years ago. Novstrup was 23 when he was first elected in 2006.

and…

The second oldest of five children, Drew was home-schooled starting in kindergarten. His mother said the idea to home-school her son wasn’t planned; instead it was sparked by a comment made by her son’s preschool teacher.

“His teacher said, ‘I hope they don’t squelch his creativity’,” Nancy said.

“From a young age, Drew was allowed to pursue his passions,” Nancy said.

She said her son enjoyed drawing maps and studying presidents. She’s also confident he’s got a good understanding of the Constitution, the Bill of Rights and the role of government.

“I’m excited for Drew,” Nancy said.

Read it all here.

A year and a half ago now, I’d written about the Sioux Falls Mayoral contest, and noted a few things…

While this is a non-partisan municipal race, don’t kid yourself. It’s anything but non-partisan, and this has been exacerbated during Huether’s tenure. And the battle lines are often drawn this way with major blocs of voters falling along those lines.

On the Republican side of the coin, three major contenders stick out;

• Sioux Falls Entrepreneur Paul Ten Haken, Owner of Click Rain.
• Former Councilman Pat Costello, who currently serves as Commissioner of the Governor’s Office of Economic Development.
• Current Councilor Greg Jamison, who ran for the office in 2014 against Huether.

And on the Democratic Side, we have four people rising to the top of contention:

• Sioux Falls City Councilor Kenny Anderson, Jr.
• Sioux Falls Businessman and political consultant Steve Hildebrand.
• Sioux Falls City Councilor Michelle Erpenbach
• Former City Councilor and Huether right hand man Darrin Smith.

There are other names floating around out there, but none that seem to rise to the level of being taken seriously, or they actively disavow any interest in running, such as former legislator Christine Erickson who is in her first term of office.

Read that here. As time has passed, so has the electoral calculus. Since I first wrote about it, I believe Paul Ten Haken has taken himself out of consideration, due to his business responsibilities. Greg Jamison is newly elected as a state legislator, and may find extending his tenure there to be to his advantage. Pat Costello is back in Sioux Falls, himself with new and expanded business responsibilities.

On the Dem side, No one is really talking about Hildebrandt running anymore. Erpenbach’s name comes up on occasion for the office, but Kenny Anderson’s doesn’t. Nor does Darren Smith’s.

But what I do keep hearing – and did so again tonight – is that former Republican Legislator Christine Erickson who had said “no” before might be softening her no into a “maybe.”  And it might be a strong maybe at that.

Erickson had served in Pierre in the state legislature, and took a step back to be closer to home and family.  But her ability to get things done, her intelligence, as well as her charisma have kept her in the spotlight, and as a go to person for statewide officials who want to share the stage with her when they’re in Sioux Falls.

Even local media curmudgeons such as Stu Whitney have sang her praises as a public official who is going places:

“She’s a refreshing new voice, and she’s got moxie,” says fellow council member and former Sioux Falls mayoral candidate Greg Jamison. “Because of her experience in the legislature, she understands the technique of debate and communication. Some of us get involved in personal issues and egos, but she sees it as issue-based and doesn’t let that stuff get out of hand.”

and..

Erickson has made her presence felt with substance rather than bombast, standing firm on issues such as city pool rates and free summer bus rides for low-income kids. Much of her impact occurs behind the scenes and with measured dialogue rather than fire-and-brimstone exchanges.

“My style is not to be on the front page off the newspaper every day, but I’m always there to speak up when needed,” she says. “There are times when I get frustrated or angry, but I don’t think you gain a lot in the process when you’re disrespectful.”

Read it all here.

Erickson’s issue based approach on the council has been more aspirational and less confrontational than some of her colleagues. And she’s taken the lead on such issues as reworking laws and regulations to move Sioux Falls into the future with things the rest of the country enjoys such as Uber.

There’s still a lot of ground to cover between now between and the 2018 mayoral election, but Erickson might have a winning formula to bring together the disparate groups of the Sioux Falls electorate to build the winning coalition that escaped Greg Jamison and Kermit Staggers against Democrat Mike Huether.

At the very least, the rumored willingness to give the 2018 mayoral contest consideration has re-written the calculus of how the voting in the contest might go.

And if things progress beyond that? An official entrance into the race may very well give her a leap ahead of her peers.

Senate Sends Thune’s Bipartisan Legislation That Protects Consumer Reviews to President

“This legislation supports consumer rights and the integrity of critical feedback about products and services sold online.” 

WASHINGTON — U.S. Sen. John Thune (R-S.D.), chairman of the Senate Committee on Commerce, Science, and Transportation, applauded the Senate’s unanimous passage of bipartisan, bicameral legislation that will outlaw the use of “gag clauses” in non-negotiable form contracts. Some businesses have attracted national scrutiny for using gag clauses to punish or silence honest criticism of products and services. Thune was the lead sponsor of the Senate version of the bill, and the final version now heads to the president for his signature.

“By ending gag clauses, this legislation supports consumer rights and the integrity of critical feedback about products and services sold online,” said Thune. “I appreciate the bipartisan efforts of my Senate and House colleagues to get this legislation over the finish line.”

The Commerce Committee held a hearing on gag clauses on November 4, 2015, featuring testimony from Ms. Jen Palmer, a plaintiff in Palmer v. KlearGear, where a company demanded the removal of a negative online review or payment of $3,500 in fines because the online merchant’s terms of service included a non-disparagement clause. When the review was not taken down, the company reported the unpaid $3,500 to a credit reporting agency as an outstanding debt, which negatively impacted the Palmers’ credit.

Thune and U.S. Sens. Brian Schatz (D-Hawaii) and Jerry Moran (R-Kan.) introduced S. 2044, the Consumer Review Freedom Act, in September 2015, and the Senate passed the measure unanimously last year. The Senate today approved the companion House version, H.R. 5111, introduced by U.S. Reps. Lance Leonard (R-N.J.) and Joseph Kennedy III (D-Mass.) earlier this year. 

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I’m an outlaw. He’s an outlaw. She’s an outlaw. They’re all outlaws. We’re all outlaws. You might be an outlaw too, according to IM22.

A friend on the opposite side of the aisle dropped me a note today. One that has serious repercussions for not just bloggers, but for anyone who uses Social Media in South Dakota. Because the poorly written Initiated Measure 22 might have just made all of us who engage in Social Media into a pack of outlaws.

The culprit? Section 11 of the act:

Section 11. That chapter 12-27 be amended by adding thereto a NEW SECTION to read as follows:

Any expenditure made by any person, group of persons, political committee, or other entity in cooperation, consultation, or concert, with, or at the request or suggestion of, a candidate, the candidate’s authorized political committees, or the candidate’s committee’s agents, is considered to be a contribution to the candidate.

For the purposes of this section, candidate solicitation or direction of funds for or to a person, group of persons, political committee or other entity constitutes cooperation sufficient to render any subsequent expenditure by the person, group of persons, political committee, or other entity in support of that candidate or in opposition to that candidate’s opponent to be considered a contribution to the candidate.

The financing of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by a candidate, the candidate’s authorized committee, or an agent of either of the foregoing is considered a contribution for the purposes of contribution limitations and reporting responsibilities of the person group of persons, political committee or other entity making the expenditure. The candidate who prepared the campaign material does not receive or accept an in-kind contribution, and is not required to report an expenditure, unless the dissemination, distribution, or republication of campaign materials was done in concert or cooperation with or at the request or suggestion of the candidate. However, the following uses of campaign materials do not constitute a contribution to the candidate who originally prepared the materials:

(1) The campaign material is disseminated, distributed, or republished by the candidate or the candidate’s authorized committee who prepared that material;

(2) The campaign material is incorporated into a communication that advocates the defeat of the candidate or party that prepared the material; or

(3) The campaign material is disseminated, distributed, or republished in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate.

Read that here.

As bad as other portions of this measure are, this section is very notable in it’s definition, and it’s poorly worded language for being particularly offensive. Why? Because it represents an attempt to censor and control what people write about candidates:

The financing of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by a candidate, the candidate’s authorized committee, or an agent of either of the foregoing is considered a contribution for the purposes of contribution limitations and reporting responsibilities of the person group of persons, political committee or other entity making the expenditure.

Read it again.  The financing of the dissemination, distribution, or republication in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by a candidate, the candidate’s authorized committee ot an agent of either of the foregoing is considered a contribution….

So, if Dakotawarcollege.com disseminates a campaign brochure. Or a press release. Or a YouTube based commercial that comes from a campaign, that could possibly be considered a campaign contribution under IM22.

Now, saying that, there is a carveout.

However, the following uses of campaign materials do not constitute a contribution to the candidate who originally prepared the materials:

(3) The campaign material is disseminated, distributed, or republished in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate.

Herein lies the problem that adherents of social media face.  The carveout allowing it only applies if it’s in “a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication.”

So, where exactly do political blogs fall under this? And more importantly to users of social media – how is Facebook exempted? Or Twitter?

Initiated Measure 22 ignores the existence of any kind of modern social media, choosing to focus solely on traditional Mainstream Media. If I had a newspaper, I’m ok. However, if I’m solely internet based… not so much.  Or maybe not at all.

Exceptions for traditional media…but not new media . And according to IM22, dissemination of information in whole or part is considered a contribution, with only the exceptions outlined in 11(3).

You might not care that I might not be able to publish a press release from Kristi Noem or Marty Jackley for Governor.  But what about your own ability to share political news with your friends on facebook or twitter. Because there’s no carve out for that, either.

These are the uncertainties and questions we have to thank Don Frankenfeld and Rick Weiland for. Complete and utter violations of the rights of the press, and our right to free speech. They might not fit neatly into the little box their out of state allied drew up. But they exist. And shame on them for replacing those freedoms with Government oversight.

Uncertainty is a scary thing. These are the same uncertainties we need our legislators to resolve immediately.