Interesting hearing this morning on House Bill 1069, where proponents of the measure to put a system in place to ensure that the vape prducts on the market are unadulterated included law enforcement, health officials, and others.   Opponents included Jordan Mason, who crawled out from under a rock to cash a check for lobbying to tell the committee there’s no problem with unregulated vape products from China, and Kevin Quick whom we’re familiar with from when he ran for office, and others.

Because that’s who legislators should trust when it comes to saying that products consumed by humans as shipped directly with no inspections or testing from China are ok?

The thought in the back of my mind is that if we’re fighting against a plague of fentanyl being dumped in the United States by China, and we’re fighting against TikTok gathering personal information and sending to China, we’re banning Chinese drones because there’s a concern they’re spying on us, etcetera and so on, why in the name of God are we trusting people who want to buy the products they sell as cheaply as possible as they claim the ingredients in Chinese vape juice and pens are magically safe for consumption and don’t need the extra step of the Food & Drug Administration verifying that? Despite them being illegal for consumption in China

Did we all forget about “trust, but verify?”

House Bill 1069 is a no brainer. People opposing it seem to paint a doom and gloom story but they are making money off of kids using these products. Why are they complaining about a $100 registration fee? Because that’s a pretty small price to pay to make sure what you sell isn’t going to hurt someone.

Why do they think it’s an unreasonable thing to sell products that have applied for FDA Approval to make sure they aren’t full of random chemicals.  Or worse, fentanyl:

As if highly addictive flavored nicotine didn’t already pose a serious threat, the illicit market has recently witnessed a concerning convergence between fentanyl and vaping devices. In an attempt to appeal to unsuspecting users, illegal drug manufacturers have been incorporating fentanyl into vape cartridges, which are then sold as seemingly harmless e-cigarettes. This deadly combination has created a new avenue for fentanyl consumption, catching many users off guard.

Read that here.

Right now South Dakota’s market is the legal market of FDA approved products. And it’s also the illicit market. Because we have no laws, and nobody is checking. That’s why we need this law.

The nation created the FDA in 1906 as a basic step to make sure that the things we consume don’t kill us. As a state, it’s irresponsible to allow this stuff to be sold without the most basic level of testing whether or not it will kill us, or at the least, make kids very, very sick.  And that’s the step that HB 1069 would take.

South Dakota legislators have put a measure together that will be heard tomorrow to try to stem the tide of unregulated Chinese vapes that are hitting the streets without any guarantee of what ingredients are in there, any quality or health control, and are not legal for use where they ship from.

HB 1069, An Act to regulate vapor products, as primed by State Representative Brian Mulder in the House, and Senator Sydney Davis in that chamber is starting its journey through the hearing process, and if you have ever watched any of the news reporting on these things, they are scary.

What South Dakota, and many other states are looking to do are to put some regulatory guidelines to require the shops that sell this stuff to register with the state, and to ensure their products meet FDA guidelines as opposed to illegal knockoffs arriving via international mail after being cooked up in a vat in a basement somewhere in China.

In South Dakota, we require people to be licensed to sell beer and wine and liquor and tobacco, fireworks, and other things.

It’s not my thing, but I don’t think it’s too much of a burden for the state to require people who sell this kind of thing to a) register with the state that they sell a product that has been known to give teenagers popcorn lung. And b) ensure what they sell actually follows FDA guidelines, and isn’t a vial of random chemicals from bad actors in China, much like the invasion we face from fentanyl.

Gov. Rhoden Appoints Jack Kolbeck to District 13 House Seat 

PIERRE, S.D. – Today, Governor Larry Rhoden appointed Jack Kolbeck to the open House seat for District 13, which includes portions of Lincoln and Minnehaha counties. You can find a photo of Kolbeck here.

“I worked with Jack for years as presiding officer of the State Senate,” said Governor Larry Rhoden. “He has a steady head on his shoulders and will be a strong partner to keep South Dakota strong, safe, and free.” 

Kolbeck served District 13 in the State Senate from 2017 to 2024, including as Majority Whip from 2023-2024. He has worked for more than 50 years in the malt beverage industry and has been the Key Accounts Manager for Beal Distributing since 2002. He graduated from South Dakota State University with a Bachelor of Arts in Economics and Political Science in 1974.

Kolbeck serves as a board member and Region 8 Director for the National Beer Distributors. He is a board member and past president of the South Dakota Beer Distributors Association. He is a board member of both Call to Freedom and the Abbott House of Sioux Falls. He is president of the 50-and-over Sioux Falls Men’s Slowpitch softball league.

“I want to thank Governor Rhoden for appointing me to the District 13 open seat to the House of Representatives,” said Jack Kolbeck. “I look forward to working with Governor Rhoden and Lieutenant Governor Venhuizen.  I appreciate all the support I received from so many people on my behalf.”

Jack has been married to his wife Muriel for 46 years. They have 3 children Kimberly, Jacquelyn, and Alex. They have 10 grandchildren. They have been residents in Sioux Falls for 50 years. They have been members of Central Church since 1978. 

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Senate Bill 12 had quite the journey today on the floor of the House of Representatives.

If you recall the little bill that could, Senator Michael Rohl’s bill to clean up a loophole in South Dakota campaign finance law which allowed nefarious characters the ability to loan PACs and campaigns unlimited funds, the last we saw of it it was in House State Affairs where the bill was amended with a poison pill amendment that jammed a second subject to cap what federal candidates could transfer to the state level.

It passed out of committee on a 12-1 vote after the amendment, opposed by Representative Brandei Schaefbauer.

Now on the floor, State Representative Tim Reisch gave an outstanding speech on why the amendment ran afoul of the single subject rule, and offered an amendment to fix the bill back to it’s original state. And he convinced enough of his colleagues to agree:

With a 1 vote margin, Representative Reisch convinced his colleagues to restore the original bill, and move the amendment off to it’s own measure.

Next up was the debate on the original bill as restored to stop unlimited loans from a George Soros type to buy elections in South Dakota. Again, Representative Reisch gave a great speech.  And it came time for the opponents. (singular). And the lone vote no in committee – sycophant and $4000 donor to Dakota First Action PAC, Representative Brandei Schaefbauer came up to bat.

(For the portion of the audio with Rep. Mortenson, I did enhance it so you could hear it better when he points out the rules and decorum about Brandei attacking a member of the Senate personally.)

If you can’t tell, Brandei short circuited when it was pointed out she had to speak to the bill and not throw out accusations against the bill sponsor, and descended into a bit of gobbledygook.

After that, Representative Reisch spoke to the merits of the measure to close it out.

So what happened? When it came down to actually vote, after Rep. Schaefbauer’s word salad erupted because she could not attack her opponent, something shifted. Like a seed that was planted in fertile soil, support for the bill sprouted and grew. She lost votes.

Rep’s Bahmuller, Greenfield, Heinemann, Hughes, and Jamison, all shifted votes to support reform. Although Tony Kayser – who donated to Doeden PAC –  switched to join the no votes, many of which received benefit from the Doeden PAC such as Aylward, Gosch, Hunt, Manhart, Moore, Reder, etc, the margin increased enough that the final vote was 38 in favor of campaign finance reform and only 29 who voted to let wealthy George Soros donors unfettered ability to dump cash.

From here, the restored Senate Bill 12 passed in it’s original form should go to the Governor for veto or signature.

And I would wager that it will be signed and we can consider that loophole closed.

Johnson, Steil, Davis, Torres Introduce Resolution Supporting Digital Assets

Washington, D.C. – Today, House Agriculture Subcommittee on Commodity Markets, Digital Assets, and Rural Development Chairman Dusty Johnson (R-S.D.) Ranking Member Don Davis (D-NC) and House Financial Services Subcommittee on Digital Assets, Financial Technology, and Artificial Intelligence Chairman Bryan Steil (R-WI) and Ranking Member Ritchie Torres (D-NY) introduced a House Resolution expressing support for blockchain technology and digital assets.

Following introduction, the Representatives issued the following statements:

“Currently, developers are faced with uncertainty because of a gap in the regulatory framework for commodities and securities,” said Johnson. “Digital assets need a regulatory framework to thrive in America. I look forward to working with Rep. Steil to bring clarity to digital assets.”

“Digital Assets have tremendous unrealized potential,” said Steil. “I am excited to join Congressman Dusty Johnson in formally recognizing the need for Congress to take meaningful action to build a regulatory environment that fosters innovation, protects consumers from fraud, and encourages the development of digital asset technology in the United States.”

“Blockchain technology and digital assets are set to transform industries, enhance our financial system, and provide equitable access to financial services for everyone,” said Davis. “It is crucial to establish a regulatory framework that not only fosters innovation but also safeguards consumers and strengthens the everyday lives of the American people.”

“Blockchain technology and digital assets represent the future of innovation, economic growth, and financial inclusion,” said Torres. “The United States must lead in shaping a regulatory framework that fosters technological advancement while protecting consumers and ensuring transparency. By embracing this next generation, we can create a more equitable financial system that benefits every American.”

Read text of the House Resolution here.

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Senate Majority Leader John Thune Reintroduces American Beef Labeling Act
Legislation would reinstate mandatory country of origin labeling for beef 

WASHINGTON — U.S. Senate Majority Leader John Thune (R-S.D.) and Sen. Cory Booker (D-N.J.) today reintroduced the American Beef Labeling Act, legislation that would reinstate mandatory country of origin labeling (MCOOL) for beef. The legislation would require the U.S. Trade Representative (USTR), in consultation with the U.S. Department of Agriculture, to develop a World Trade Organization-compliant means of reinstating MCOOL for beef within one year of enactment. USTR would have six months to develop a reinstatement plan followed by a six-month window to implement it. If USTR fails to reinstate MCOOL for beef within one year of enactment, it would automatically be reinstated for beef only.

“South Dakota ranchers – who work tirelessly to produce some of the highest quality beef in the world – deserve a fair labeling system that provides consumers with basic information on the origin of their beef,” said Thune. “As a longtime supporter of MCOOL, I’m proud to reintroduce this legislation that would promote the viability of cattle ranching across our country and provide full transparency for American consumers.”

“This bipartisan legislation will help Americans know exactly where their beef is coming from,” said Booker. “For too long, the big meatpackers have been misleading people with deceptive labeling. More transparency will enable consumers to support local family farmers and ranchers, and I look forward to working with Senator Thune to get this bill enacted into law as quickly as possible.”

“MCOOL is necessary for consumers who need to know where their food comes from,” said Doug Sombke, president of the South Dakota Farmers Union. “MCOOL is necessary for cattle producers who invest heavily in practices that produce the safest and highest quality meat in the world. Thank you Senator Thune for your efforts to secure fair markets for cattle producers in South Dakota and across the nation.”

“America’s cattle producers are grateful for Senate Majority Leader John Thune’s steadfast support for mandatory country of origin labeling for beef,” said Bill Bullard, chief executive officer of R-CALF USA. “Our cattle and beef markets cannot function properly when consumers are denied basic market information, such as where the beef they purchase for their families was produced, under which country’s food production and food safety regime it was produced, and whether their purchase will help strengthen our domestic food supply chains. The American Beef Labeling Act will remedy this situation and bring needed transparency to the marketplace for producers and consumers alike.”

“United States Cattlemen’s Association (USCA) commends Majority Leader Thune for introducing the American Beef Labeling Act,” said Justin Tupper, president of USCA. “His leadership in restoring truth to labeling is a critical step toward ensuring transparency for U.S. consumers in the marketplace. This legislation puts U.S. producers first and we look forward to collaborating with Senator Thune and lawmakers on both sides of the aisle to uphold integrity in the domestic beef market.”

U.S. Sens. Mike Rounds (R-S.D.), Martin Heinrich (D-N.M.), Cynthia Lummis (R-Wyo.), and John Fetterman (D-Pa.) are cosponsors of the American Beef Labeling Act.

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I would ask if Senator California Carley has paid attention to any court case regarding counties and election equipment this year, but I can answer that myself. Of course he hasn’t.  Because he’s brought a bill – Senate Bill 217 – that absolutely flies in the face of all those court decisions and if it passes, it will trigger lawsuits against the state for violating the rights of the disabled which South Dakota will lose. Badly.

SB 217 by Pat Powers on Scribd

Section 1. That a NEW SECTION be added to chapter 12-1:

The State Board of Elections may not authorize the use of any automatic tabulating or electronic ballot marking system.

The governing body of a political subdivision having supervision of an election may not adopt, implement, or use any automatic tabulating or electronic ballot marking system in an election.

Literally, in the opening sentences of the measure, he directly gets to the thing that’s going to get South Dakota sued in federal court, and justifiably get stomped all over the place.  And they’ll use the same precedents and court decisions that were successfully used in Lawrence County to turn back this exact same type of nonsense.

In case you forgot, re-visiting my post from January 10th…:

…
Because of this action against the county, Lawrence County Commissioners had to seek legal counsel to respond to the hand-counting petition. And via Sara Frankenstein at Gunderson Palmer, they did so:

Respondents’ Brief in Support of Motion to Dismiss by Pat Powers on Scribd

When you have a 48 page response with a table of contents, one can assume they have a lot of ammunition to bring to the fight.

That was in October. And today, the circuit court made their decision.  Not only did they find for the County, they dismissed Braithwait’s action with prejudice.

Order on Petitioner’s Affidavit and Application for Writ of Mandamus by Pat Powers on Scribd

Someone should explain to Senator Carley that the issue isn’t that state law is a magic barrier he can just change.  THESE ARE FEDERAL LAWS AND COURT DECISIONS.  He’s not going to wave his hand and make the Americans with Disabilities Act disappear – disabled people get to vote too.. and they’re allowed to use assistive technology to do so.

Go to page 37 of the PDF which is the brief submitted by Sara Frankenstein of Gunderson Palmer in the Braithwait case which explains in a few pages why that dog isn’t going to hunt. At all.

If Carley’s bill passes, I’m not sure which organization would start pounding on the State of South Dakota first. Disability Rights? The Justice Department? Individual litigants?  It would be a free-for-all which the state would quickly lose, and be forced to write checks for something we already know is very much against the law.

It’s like we’re going from bad to worse as we hit the deadline for legislation.

Legislators, I beg of you: please just stop before we go any further behind.

As sent by a reader  – as State Rep. Van Diepen introduces the Huron Mayor, a member of the city commission and a representative from the Huron schools — everyone — But Phil Jensen stands.

Do you think he’s having a bad Huron day?  Phil keeping it classy as usual.

Rounds Leads Legislation to Increase Timber Sales in the Black Hills National Forest 

WASHINGTON – U.S. Senator Mike Rounds (R-S.D.) today reintroduced the Timber Harvesting Restoration Act in the 119th Congress. This legislation would require the United States Forest Service (USFS) to improve timber sales numbers in the Black Hills National Forest. Rounds originally introduced this legislation in the 118th Congress in March 2024.

In recent years, timber sales in the Black Hills National Forest have steadily decreased, putting a significant strain on manufacturers of timber products. USFS has been unable to justify these harvesting shortfalls in the Black Hills National Forest. To accommodate for the shortage and keep up with demand, local timber businesses must pay additional shipping costs to bring in timber from farther away.

“Timber manufacturers in the Black Hills area are being negatively impacted by harvesting shortages in the Black Hills National Forest,” said Rounds. “They should not have to bring in timber from long distances to meet the demand for lumber, especially when there’s no reasonable explanation offered by USFS for these shortfalls. In addition, timber harvesting is necessary to keep the Black Hills healthy, prevent wildfires and preserve its beauty for generations to come. I’m pleased to once again introduce this legislation that takes steps toward getting our timber production back up to normal levels.”

“We appreciate this legislation from Senator Rounds which would help the US Forest Service succeed and the communities depending on that success,” said Ben Wudtke, Executive Director of the Black Hills Forest Resource Association. “The US Forest Service has recognized a tremendous need for treating an additional 20 million acres through their Wildfire Crisis Strategy. Recognizing the need is the first step. This legislation is a logical next step that would help better position individual national forests for accomplishing those goals through development of tailored plans where needed.”

Specifically, the Timber Harvesting Restoration Act would:

·         Require superintendents of National Forest System units (individual national forests) to submit harvesting improvement reports to the U.S. Secretary of Agriculture (Secretary) if they have historically fallen well below annual Allowable Sale Quantity numbers laid out in forest plans.

·         Require superintendent reports to identify any of the following actions: 1) forest areas that could be used to help meet harvesting targets 2) any actionable steps that may help meet harvesting targets, including expediting environmental review processes, and increasing the use of Good Neighbor Authority when applicable.

·         Require superintendents to consult with private industry, advisory committees, local, tribal and state governments and relevant stakeholder groups when drafting improvement reports.

·         Require superintendents to submit improvement reports to the Secretary within 180 days of enactment of the Act.

·         Require superintendents to demonstrate actionable steps towards improving timber sale numbers within one year of enactment. If a forest supervisor does not increase timber sales from the preceding year, they will be required to submit another improvement report within 180 days after the actionable step deadline.

·         If a superintendent does not demonstrate harvesting improvements one year after submitting a harvesting improvement report, the Secretary is directed to take any reasonable steps to improve harvesting outputs. This may include providing additional personnel, expanding the use of Good Neighbor Authority and finding any feasible actions to expedite environmental review processes.

Click HERE for full bill text.

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