Attorney General Marty Jackley
Proposes Aggravated Vehicular Battery
for South Dakota

PIERRE, S.D. – In South Dakota, we average about a half dozen tragic vehicular homicides every year because of impaired driving.

“It is time to make South Dakota streets safer and to hold those that take innocent life by their drunken actions more accountable. I commend the Governor, our States Attorneys and Legislators for working with me toward implementing an aggravated vehicular homicide law to protect South Dakota,” said Jackley.

Under South Dakota’s current law, the maximum penalty for vehicular homicide is fifteen years of which a defendant may only have to serve 30% because vehicular homicide is not currently designated as a violent crime.  In order to both deter dangerous drunken driving and to hold offenders accountable for their actions, the Attorney General is proposing an aggravated vehicular homicide law to address the most serious offenders.  South Dakota’s existing manslaughter statute and vehicular homicide law would remain in effect.   The new aggravated vehicular homicide law is aimed to provide both an enhanced maximum penalty of up to 25 years and a violent crime designation for an increased parole designation of 50%. It is aimed at capturing the following three categories of homicide offenders:

1. Persons with repeat DUIs of two or more convictions now entering the felony stage;
2. Persons previously convicted of vehicular homicide or vehicular battery; or
3. Persons that are at a high BAC of .17% or greater.

The Attorney General’s proposed legislation as an amendment to SB44. The proposed amendment is anticipated to be heard on February 18 at 8:00 a.m. in Senate Judiciary.

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I had to laugh when I read this:

Anne Beal February 4, 2016 at 11:52 am

Porter, I have been a woman a lot longer than you have, and this story about being a female a pre-existing condition is a myth

I was skimming through some of the campaign finance reports early this morning, when I came across a pair of reports that contained identical, yet equally interesting items in light of the year end reports that illustrate in part why South Dakota Democrats are in a fiscal crisis of unheard of proportions:

Dems Blowing Cash on Ballot Measures

If you look at the reports for the ballot measures, each of which were referrals of laws passed in the 2015 legislative session, each of them include in-kind contributions from the state Democrat Party for circulators, printing and postage. (When they say circulators, they’re referring to salaries paid to people for circulating petitions.)

One in-kind donation was for $6,110.87, and the other for $6,228.59 – for a total of $12,339.46.

For a political party that reported $340 cash on hand at the end of the year, you have to wonder what thought process would lead them to think it’s a good thing to spend over $12,000 to hire people to loan out, as well as provide printing and postage for ballot measures out of their donor’s pockets?

It’s more of the same from the state Democrat party, as they abdicate their role as the opposition party in the state and spend their time contemplating their navels. Originally, I’m sure the theory was that they would gather names of like-minded and sympathetic supporters, and somehow expand their fundraising, if not their party base. But as the results of the last 3 or more elections have proven, no matter how much time and effort they put into ballot measures, it has yet to translate into electoral success.   

Based on the latest state report showing them with $340 in the bank for legislative candidates and other activities, it also hasn’t done anything for them in expanding their fundraising base, either. 

Until State Democrats actually worry about winning elections where they actually run candidates, the State Democrat Party is going to continue their perpetual state of decay.

And much like the zombies ambling through the forests in one of my favorite shows, The Walking Dead, until they actually pretend to be a political party, the State Democrat organization will only continue to be a pale imitation of something living.

Because of the high probability of it – legislators have banded together to ban the practice in the state:

HOUSE BILL NO. 1197
Introduced by: Representatives Bordeaux and Kirschman and Senator Buhl O’Donnell

FOR AN ACT ENTITLED, An Act to prohibit hydraulic fracturing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
The term, hydraulic fracturing, means a mechanical method of increasing the permeability of rock to increase the amount of oil and gas produced from the rock.
Section 2. That the code be amended by adding a NEW SECTION to read:
Notwithstanding any other provision of law, no person may engage in hydraulic fracturing in this state.

They’re going after fracking in South Dakota? Are they serious?  Don’t you have to actually have measurable levels of oil and gas production before you start getting snippy about what types of production you will allow?

It sounds more like someone saw a documentary, and thought they needed a bill. This is silly.

Rounds Issues Statement from Hearing on Native American Health Care in the Great Plains

WASHINGTON—U.S. Senator Mike Rounds (R-S.D.) today issued a statement in today’s Senate Indian Affairs Committee hearing, entitled “Reexamining the Substandard Quality of Indian Health Care in the Great Plains.” Rounds asked to participate in today’s hearing after leading a number of his colleagues in a letter requesting the hearing in light of recent issues at Indian Health Service (IHS) hospitals in the Great Plains Region, including Rosebud and Pine Ridge.

 

Video of Rounds’ statement at Senate Indian Affairs Committee hearing:

 

Thune: IHS Leaders Must Be Held Accountable for Systemic Facility Failures

“We need a willing partner at IHS who takes these issues as seriously as I do. As far as I’m concerned, this conversation is far from over.”

WASHINGTON — U.S. Sen. John Thune (R-S.D.) issued the following statement on the state of Indian Health Service (IHS) facilities in the Great Plains area and the lack of accountability that currently exists with IHS leaders. Earlier today, Thune, at the request of the Senate Committee on Indian Affairs, participated in a hearing that examined these issues and heard firsthand from representatives of the Oglala and Rosebud Sioux tribes about some of these IHS facility failures, as detailed in recently released reports by the Centers for Medicare and Medicaid Services.

“These unacceptable findings speak for themselves,” said Thune. “Dirty and unsanitary equipment, patients being prematurely discharged from the hospital, and babies being born on bathroom floors. Each of these would be shocking enough on its own, but taken together, along with the litany of previously known failures, they paint a pretty bleak picture of the care our tribal citizens are receiving and the astonishing lack of commitment by IHS officials to delivering the care they deserve.

“IHS leaders must be held accountable – to the administration, to Congress, and most importantly, to the tribes themselves. We need a willing partner at IHS who takes these issues as seriously as I do. As far as I’m concerned, this conversation is far from over.”

Since the 2010 “Dorgan Report” that first outlined many of these problems, Thune and his staff have been consistently engaged with IHS and the tribes in South Dakota on this issue. Thune requested multiple status updates about the 2010 report’s findings, and in 2014, created a purchased and referred task force in South Dakota that brought together tribes, IHS leaders, and private industry stakeholders to brainstorm solutions for IHS failures.

Video from Thune’s appearance at today’s Senate Committee on Indian Affairs hearing can be found here.

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Secretary of State receives 2^nd petition challenge (18% ballot question)

Pierre, SD – Today, Secretary of State Shantel Krebs announced that a challenge was submitted February 3rd on the initiated amendment to the South Dakota constitution limiting the ability to set statutory interest rates for loans (18%).

The Secretary of State’s office will verify the petition challenge in the coming months. There is not a deadline in state statute as to when the verification process must be completed.

The challenge was submitted by Cory Heidelberger of Aberdeen.

For more information regarding the challenge process please visit: https://sdsos.gov/elections-voting/upcoming-elections/general-information/2016-ballot-questions.aspx

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Related to this, Heidelberger has something resembling an affadavit, posted on his website, where he demands the Secretary of State de-certify the petition… without really noting the number of signatures involved, and how that would place the overall submission of signatures in a deficit.

It’s a little hysterical and screechy, which would lead me to lean towards it not amounting to a hill of beans.

If you haven’t noticed, my facebook & twitter avatars are a picture of me in one of Washington DC’s Irish pubs in July, with a great big ice cold adult beverage in my hand.

That’s why this piece struck me as a “must have” for my political item collection.

From 1901 – Ax of all Nations – Cut out the Whiskey – promotional item for Laurel Stoves & Ranges, the Art Stove Company, Detroit, Michigan.   It’s a piece based on Carrie Nation’s Women’s Christian Temperance Union crusade to rid the world of alcohol.  She was particularly noteworthy for attacking alcohol-serving establishments (most often taverns) with a hatchet.

Secretary of State Rejects Ballot Measure

Pierre, SD – Today, Secretary of State Shantel Krebs announced that an initiated measure to legalize marijuana for medical use was rejected and did not meet the required number of signatures to be placed on the general election ballot. The sponsor turned in 16,543 signatures to the Secretary of State’s office. An initiated measure requires a minimum of 13,871 signatures from South Dakota registered voters. Once the signatures were delivered to the Secretary of State’s office, a 5% random sampling was conducted. It was determined that 54.5% or 9,019 of 16,543 signatures were valid but did not meet the minimum number required.
This is the final initiated measure to be reviewed by Secretary of State. A total of 8 measures were submitted for review. A total of 275,000 signatures were submitted among all petitions.

Those looking to challenge the Secretary of State’s rejection of a ballot measure have 30 days from the date they are rejected, which would be March 4, 2016.

Challenges to all statewide initiatives and referendums must be brought within 30 days (SDCL 12-1-13)

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I was wondering where the SDDP was on it’s fundraising, and now we find out. They’re panhandling at this point:

Sddp and the Awful Year End

While the 2015 Year end federal report is bad enough, showing them at $11,362 cash on hand, their state report is even worse. Their state report shows them at – and this is no joke – $340.39.

No, that’s not a comma. That’s a decimal point. They have $340 in their state account. All I could think is that they may need to borrow some money from Paula Hawks. Her own dismal fundraising is better than the SDDP’s.

What’s the problem with the SDDP? Their burn rate for one. In their state account, they started with $14k, they raised about another $13k, and they spent $26.6k.

In the federal account, you’ll note that over the last year, they started with $21k, they raised 278k, they spent $300k, and they’ve ended the year with $11k. And that’s with the national Democrat party propping them up with $86,961 over the course of the year. (KSFY’s Phil Schrek also helped. He was in for $530).

But South Dakota Dems spent Phil’s and the national Dem’s money as fast as they could.

Ann Tornberg is going to find it hard to put that up against the SDGOP’s $265k cash on hand that they’re starting the election with.   Oh well. This is how Tornberg’s South Dakota Democrat Party rolls.