Reports are coming in this afternoon that the referral of Senate Bill 201, the Landowner Bill of Rights, had sufficient petitions signatures to send it to a vote this fall.

Of course, this comes well over a week after the deadline, and when the bill was supposed to go into effect.  What are we going to be voting on? According to the SD Ag Alliance, the “Landowner Bill of Rights” includes the following protections and compensation for landowners and counties:

• Compensation for Landowners: Requires carbon capture pipelines to pay landowners $500 to access their land for surveying (HB 1185) and at least .50 cents per linear foot of pipeline through their property in the form of property tax relief (SB 201)

• Compensation for Counties: Allows counties to collect $1.00 per linear foot of pipeline that runs through their county. At least 50% of the surcharge must be used for property tax relief for landowners on the route. The remaining revenue can be spent by counties at their discretion. (SB 201)

• Indemnity for Landowners: Requires pipeline companies to indemnify landowners for liability. (SB 201)

• Minimum Burial Depth: Requires pipeline to be buried at least 4 ft deep, exceeding federal regulations of 3 ft (SB 201)

• Disclosure of Dispersion Models: Requires carbon pipeline companies to make dispersion modeling public. (SB 201)

• Lifetime Drain Tile Repairs: Requires pipeline companies to repair any damage to drain tile (SB 201)

• Impact Mitigation: Requires pipeline companies to file an impact mitigation plan. (SB 201)

• Leak Liability: Makes carbon pipeline companies liable to the landowner for any damage caused by leaks. (SB 201)

• Land Surveyors Must be from SD: Requires land surveyors be South Dakota residents. (SB 201)

(As cribbed from DRG News.)

So, no payments for landowners, no property tax relief, no lifetime drain tile repairs, no liability, etc.

The system that legislators attempted to improve will remain as it has.

At least until a vote in the fall.

Final Ballot Statement Released for Potential Referral of Proposed Pipeline Bill

PIERRE, S.D. – The final ballot statement for the potential referral of Senate Bill 201 has been released by the South Dakota Attorney General’s Office.  It was filed with Secretary of State’s Office on Monday, July 8.

Attorney General Marty Jackley takes no position on any such proposal for purposes of the explanation. He has provided a fair and neutral explanation to help assist the voters as required by South Dakota law.

Senate Bill 201, which was passed by this year’s Legislature and signed by the Governor, would provide new statutory requirements for regulating linear transmission facilities, and to allow counties to impose a surcharge on certain pipeline companies. A group has circulated petitions to put the issue on this November’s general election ballot. The Secretary of State’s Office is determining if the petitions have enough valid signatures to qualify for the general election ballot.

The final ballot explanation can be found here.

July 10 2024 Attorney Generals Statement Referral of SB 201 by Pat Powers on Scribd

State law requires the Attorney General draft a title and explanation for each initiated measure, initiated constitutional amendment, constitutional amendment proposed by the Legislature, or referred measure that may appear on an election ballot. The Attorney General’s explanation is meant to be an “objective, clear, and simple summary” intended to “educate the voters of the purpose and effect of the proposed” measure, as well as identify the “legal consequences” of each measure.

For more information regarding ballot measures, please visit the Secretary of State’s website.

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From facebook, the campaign has kicked off against Initiated Measure 28, with State Representative Taylor Rehfeldt taking part:

Johnson Bill Reforms Indian Health Service

Washington, D.C. – Today, U.S. Representative Dusty Johnson (R-S.D.) reintroduced the Restoring Accountability in the Indian Health Service Act of 2024 to improve quality and delivery of patient care.

Due to a lack of oversight, financial integrity, staffing needs, and employee shortcomings at the Indian Health Service (IHS), tribal patients have been receiving substandard care for far too long.

“Tribal communities deserve access to efficient, safe, and high-quality care through the IHS,” said Johnson. “This bill would bring necessary changes to improve the quality of service and care for tribal members.

Background:

The Restoring Accountability in the Indian Health Service Act of 2024 seeks to improve the delivery of care for Native Americans relying on IHS by promoting the recruitment and retention of staff, best practices on information-sharing, cultural awareness, and accountability. Specifically, the bill:

• Incentivizes recruitment and retention of staff by establishing a competitive pay system and expanding eligibility for IHS loan repayment program.
• Strengthens information-sharing practices between IHS and state medical boards on provider professional conduct violations.
• Establishes a tribal consultation policy with IHS.
• Directs IHS to establish standards for timeliness of care.
• Protects whistleblowers from retaliation.
• Promotes fiscal accountability and requires reports on spending at all levels of IHS.
• Requires HHS Inspector General to report on patient harm/deaths and deferrals/denials of care in Service units.

U.S. Senators John Barrasso (R-W.Y.) and John Thune (R-S.D.) are leading similar legislation in the Senate.

A full text of the legislation can be found here.

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Now that I’m done traveling for a few weeks, I can get to a few things that I’ve been planning to touch on. First and foremost are the June FEC Reports from the two main political parties in the state. And they tell different tales.

First up is the June FEC report from the SDGOP:

June 2024 Sdgop Fec by Pat Powers on Scribd

The SDGOP has a couple of donations in to the federal account, from Katie Washnok for $1041.02 and Toby Doeden for $5000; I’m guessing for SDGOP convention sponsorships. Otherwise, there’s a significant void of donations going into the federal account. $6789.55 in direct funds including those two, and another $10,162.00 from what I’m guessing is the state account.  They spent $8057.23 during this period, which I’m guessing means bills have not come in from convention, or they rolled through the state account, leaving the SDGOP $39,473.88 to move into the fall.

Now, South Dakota Democrats:

June 2024 Sddp Fec by Pat Powers on Scribd

Democrats appear to be rolling some federal campaign donations through the account this month for people who have maxed out otherwise, including $10,000 from George Soros. The big total is $719,297.80 in total donations, with $707,041.89 back out the door. But, they got to grab a little bit of that cash on the way by for the privilege of parking it in their account. (Before you get your shorts in a twist, GOP does that too).

The total left over is $65,182.08 to put towards candidates and party building.

The big take away? Look at the number of pages in those reports. 12 versus 196.  And that mainly comes from the number of people donating.

Dems are boasting around 100 or so donations that came out of South Dakota. Maybe not all large amounts, but there are enough of them who are engaged, involved and donating. And the inter-party chaos that the GOP is suffering from right now is hardening the hearts and closing the wallets of people who want to fund party efforts.

Might not be a big deal on one report, but the cumulative effect is going to come back and bite someone in the tail eventually.

Stay tuned.

The Argus Leader apparently does NOT like losing their taxpayer funded welfare, and has brought a lawsuit to try to claw back legal notice publication for the City of Sioux Falls, which they lost to competitor The Dakota Scout several weeks back:

On June 5, the City Council approved the Dakota Scout, a publication with a weekly printed newspaper founded by two former Argus Leader reporters and in operation since August 2022, to serve as the official newspaper of Sioux Falls for the purpose of publishing legal notices starting July 1. The council had two newspapers to choose from, with several councilors citing that cost savings and local ownership played a part in their decision to vote in favor of the Dakota Scout’s plan, though circulation and overall reach in the community is larger for the Argus Leader.

and..

According to the Secretary of State’s website, the Dakota Scout filed its newspaper ownership and circulation statements June 26, meaning the earliest the weekly could obtain legal newspaper status is 2025.

Therefore, the Argus Leader argues the Dakota Scout does not qualify to publish the city’s legal notices at this time.

Read it all here.

Get your popcorn out.

Frankly, the legislature should require all official newspapers to be physically published in South Dakota to be honored with that status. But, we’ll see how this goes.

A Celebration of Freedom
By: Governor Kristi Noem  
July 5, 2024    

The Fourth of July has always been a special day to me. It’s our nation’s birthday, of course. But it’s also the day that my husband, Bryon, proposed.

On July 4^th, 1991, I told a group of kiddos that I would haul them and their horses to the local parade. I picked up the kids, helped polish their horses, and led them through the parade route. By the end of the day, I was exhausted.

I wanted to clean up and a enjoy a night at home after my long day. However, Bryon insisted on taking me out to dinner and going on his grandpa’s boat to watch the fireworks.

I was cold and miserable on that boat. The fireworks began, and when I turned around, Bryon was on one knee. “Kristi, will you marry me?” he asked.

I was shocked and responded with the first thing that came to mind: “Did…you ask my dad?”

That day was certainly a day of celebration for Bryon and me! And the Fourth of July is a day for all Americans to celebrate. It’s a day that epitomizes Freedom and unity.

Nearly 250 years ago, our Founding Fathers took unprecedented action to declare independence from unwarranted British authority and a tyrannical king. They took on the strongest military in the world with nothing but personal muskets and rifles. And they gave us the greatest gift in human history – a Republic where the people rule.

Just as our forefathers worked tirelessly to create a better future, we too must continue to strive for liberty and uphold the values that make South Dakota and America great. On July 1^st, several bills that I prioritized for the people of South Dakota this past legislative session finally became law!

One of these laws is crucial to protecting our state’s precious ag land. Agriculture is the backbone of South Dakota’s economy, but evil foreign governments are attempting to control land across our nation. But not in South Dakota – not on my watch. By safeguarding our land, we are preserving our heritage and securing our future.

I further recognize that our Freedom extends to all Americans. So, I signed a bill that clearly defines antisemitism and helps ensure the safety of Jewish people in our state. Antisemitism has no place in South Dakota, and this law sends a clear message that we stand united against antisemitic hate.

I am also proud of the efforts we have made to give individuals with criminal histories a second chance. It is crucial to provide individuals with the opportunity to rebuild their lives and support their families after serving their sentences.  People who are ready to reenter society will now be able to provide for their families and add value to our workforce.

Finally, our kids are the future. And our teachers are the ones we trust to help them achieve that future. We ensured that our teachers will receive adequate pay for the important work they do. We are empowering educators to inspire the next generation of citizens with the ideals of democracy and independence.

As we celebrate our nation’s birthday this Fourth of July, let us remember what America was founded on – Freedom. This session’s legislative successes are a testament to our commitment to making South Dakota a model for Freedom.

Freedom is something we cannot take for granted. It’s something we must fight to uphold. As Ben Franklin famously said after signing the Declaration of Independence on that fateful 4^th of July almost 250 years ago, “We must all hang together, or, most assuredly, we will all hang separately.”

Let us, like our Founding Fathers, work together to secure a future for the next generation. Happy Fourth of July, South Dakota! God bless you all, and God bless the United States of America.

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From Facebook, it looks like one Democrat is down.. although within the time allotted for being replaced on the ballot:

From Facebook, State Rep. Fred Deutsch who was not successful in moving to the State Senate this last month offers his thoughts on the recount process, as well as his support for our current system of electronic ballot counting:

POST-ELECTION THOUGHTS: Because so many friends and supporters asked me to go through the election recount, I opted to oblige. Six different recount committees were established, one in each county in my District.

As far as the process, each ballot was individually reviewed by the committee, along with simultaneous review by me and my opponent. They were then hand-counted, and then fed into the tabulator machine.

The hand-count, the tabulator count, and the Election Day tabulator count all matched in each county except for a few voter errors (e.g. one voter put a check mark in the oval instead of filling it in). As a result, I gained a single vote – – not near enough to impact the results.

There are some people in our state who are concerned with the accuracy of these machines. After going through this pain-staking process looking at each ballot, I have zero concerns about accuracy.

Six different machines with six different auditors were all bulls-eye accurate each time, except for a few human errors.

I’m grateful the process exists to allow candidates to request recounts in close elections, and I’m grateful to the people in each county (18 people total) who gave up time to make sure our election was accurate. The entire process was professional and transparent, and frankly made me proud to be a South Dakotan.

Federal Parole Commission Denies Parole Request For Leonard Peltier in Shooting Deaths of Two FBI Agents

PIERRE, S.D. – South Dakota Attorney General Marty Jackley announces the federal Parole Commission has denied the parole request for Leonard Peltier, who was convicted of killing two FBI agents on the Pine Ridge Indian Reservation in 1975.

Peltier is serving two consecutive life sentences for the fatal shooting of FBI agents Jack Coler and Ron Williams. The murders occurred on June 26, 1975 when the two agents were on the reservation to arrest a man on a federal warrant. During his trial, an eyewitness testified that, shortly after the shooting, Peltier had bragged “about killing the agents.”

Attorney General Jackley sent a letter to the Parole Commission this spring objecting to Peltier’s parole request. Attorney General Jackley was the prosecuting attorney that examined a trial witness regarding Peltier’s confession in Marlon Brandon’s motorhome to American Indian Movement leader Anna Mae Aquash. Peltier’s confession ultimately led to her execution by John Graham who was found guilty of her murder. See State v. Graham, 815_N.W.2d_295 (SD 2012).

“Leonard Peltier murdered two FBI agents in cold blood, and he has never shown any remorse for these murders,” said Attorney General Jackley.  “The two FBI agents, who died in the line of duty, and their loved ones deserve justice, and parole for Peltier is not justice.”

More than 30 members of Congress have written President Biden asking clemency for Peltier. Attorney General Jackley said he will write to the President as well, requesting that clemency be denied.

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