Rep. Mike Derby opens re-election campaign HQ in Rapid CIty

(I meant to get this posted this weekend, but unfortunately, a bad gas-station sandwich along the route left me a bit under the weather when I returned to Brookings from Spearfish Sunday night. – pp)

State Representative Mike Derby has opened an official re-election headquarters for his race to return representing District 34 in the State Legislature. You can find it at 520 Kansas City Street in Rapid City. Check it out!

Gov. Noem Signs Bills to Streamline State Government into Law



Gov. Noem Signs Bills to Streamline State Government into Law

PIERRE, S.D. – Today, Governor Kristi Noem signed the following 29 bills to streamline state government into law:

  • SB 2 removes provisions for establishing a uniform method for calculating high school credit received from completing a postsecondary course;
  • SB 4 revises provisions regarding township contracts for snow removal;
  • SB 19 rescinds rulemaking authority pertaining to the process for publishing required voter registration numbers;
  • SB 21 rescinds rule-making authority for the annual report of the number of voters removed from a county’s voter registration list;
  • SB 23 exempts an electric vehicle charging station from being subject to a civil fine for overcharging;
  • SB 24 increases the maximum user fee for a participant submitting to wear a drug patch under the 24/7 sobriety program;
  • SB 33 repeals the Petroleum Release Compensation Board;
  • SB 37 revises provisions regarding repair and maintenance of mail routes;
  • SB 38 amends the amount a merchant or place of business may assess against returned checks;
  • SB 41 modifies an administrative procedure for revoking a nonresponsive insurance producer’s license;
  • SB 59 provides for the downgrade of commercial driver licenses and commercial learners permits upon notice of certain drug and alcohol violations;
  • SB 60 updates references to certain regulations regarding medical qualifications for certain commercial drivers;
  • SB 65 modifies time limits for collection efforts for debts owed to the state;
  • HB 1003 updates a reference to the Internal Revenue Code for purposes of higher education savings plans;
  • HB 1004 updates the official code of laws;
  • HB 1005 revises the manner of citing the Administrative Rules of South Dakota;
  • HB 1006 increases the amount of time permitted the Interim Rules Review Committee to review final permanent rulemaking materials;
  • HB 1011 revises the membership of the South Dakota Capitol Complex Restoration and Beautification Commission;
  • HB 1018 revises certain references to the Internal Revenue Code;
  • HB 1020 revises the method by which completion of a required suicide awareness and prevention training is verified;
  • HB 1026 clarifies the requirement for the construction or expansion of a municipal campground or tourist accommodation facility;
  • HB 1030 updates statutory and regulatory references pertaining to water pollution;
  • HB 1031 updates the development and implementation of conservation district standards;
  • HB 1050 updates references to certain federal motor carrier regulations;
  • HB 1051 makes technical changes to provisions regarding the compensation of agents;
  • HB 1055 raises the appraisal value of surplus property that may be sold by a political subdivision without notice;
  • HB 1063 amends the valuation service used to value vehicles;
  • HB 1068 allows disabled veterans to obtain a standard issue county motor vehicle or motorcycle license plate; and,
  • HB 1074 expands eligibility to practice as a dental hygienist under the collaborative supervision of a dentist.

Governor Noem has signed 40 bills into law this legislative session.

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Gov. Noem Signs Pro-2A Bills into Law


Gov. Noem Signs Pro-2A Bills into Law
Signs Pro-Hunting and Ag Bills 

PIERRE, S.D. – Today, Governor Kristi Noem signed two pro-Second Amendment bills into law. SB 39 prohibits a homeowners’ association from placing restrictions on firearms or firearm ammunition. And HB 1035 extends the period of renewal for an enhanced permit to carry a concealed pistol.

“South Dakota is a Second Amendment haven,” said Governor Noem. “These two bills strengthen our reputation as the most pro-Second Amendment state in the nation. I will always be proud to stand for the God-given right of every American to keep and bear arms.”

Governor Noem also signed the following three pro-hunting and agriculture bills into law:

  • SB 22 amends language regarding the licensing period for a grain buyer;
  • SB 54 updates hunting and fishing residency requirements; and,
  • HB 1033 addresses the administration of State Conservation Commission functions by the Department of Agriculture and Natural Resources.

Governor Noem has signed 11 bills into law this legislative session.

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House Bill 1198 – to change election of Lt. Gov, AG & SOS to be selected by primary election – moves forward

From the Argus Leader, a new legislative measure – House Bill 1198 – to move three of the races being selected at political party conventions to a statewide ballot moved forward on the testimony of legislators and former candidates for office arguing that nominating for some of the offices was bigger than just who could be convinced to go to the convention, according to the Argus Leader:

“I also believe that these positions are still too important to just let a couple hundred people decide and looking at our state motto that ‘under God, people rule,’ should guide us in this decision,” Tordsen said.

Former Attorney General Mark Barnett said while he had benefited from the convention nomination process, he felt that the fairest election was the one he lost when he ran in a primary against Mike Rounds in 2002 for governor.

“The reason I say it was the fairest was because it was a primary and it was all voting Republicans, not just a sum of the Republicans that I could convince to run for delegate,” he said.

Read the entire story here.

Gov. Noem Responds to President Star Comes Out 

Gov. Noem Responds to President Star Comes Out

PIERRE, S.D. – Today, Governor Kristi Noem issued the following statement in response to Oglala Sioux Tribe President Frank Star Comes Out’s comments:

”In my first year serving as Governor, I repeatedly visited Pine Ridge to work on relationships between the State of South Dakota and the Oglala Sioux Tribe. I wanted to work with them on a number of issues – I still do. In my last visit to Pine Ridge, as I was speaking before an assembly, one gentleman said to me, ‘Governor Noem, I hear lots of bad things about you. And I believe them. But you’re coming here so much now, I’m starting to think that you care.’ Shortly after that meeting, I was banned from the tribe.

“It is unfortunate that President Star Comes Out chose to bring politics into a discussion regarding the effects of our federal government’s failure to enforce federal laws at the southern border and on tribal lands. My focus continues to be on working together to solve those problems.

“I have been working for years to build relationships with our tribes. My state agencies and departments have worked with tribal leaders on a daily basis to deliver services to tribal communities including healthcare, economic development, social services, housing, food programs, suicide prevention, drug addiction treatment, infrastructure costs, and emergency response.

“I am grateful to have celebrated the hanging of two tribal flags in honor in the Capitol Rotunda last month – we are close to having more flags and look forward to holding the next ceremony soon. We have signed gaming compacts, and the first two bills that I signed this legislative session prioritize relationships between the State and our tribes.

“These relationships are by no means perfect; there is still disagreement at times. Any relationship takes work and consistent effort.

“In my speech to the legislature earlier this week, I told the truth of the devastation that drugs and human trafficking have on our state and our people. The Mexican cartels are not only impacting our tribal reservations; they are impacting every community, from our big cities to our small towns. But our tribal reservations are bearing the worst of that in South Dakota. Speaking this fact is not meant to blame the tribes in any way – they are the victim here. They are the victim of cartel-driven criminal activity, and they are the victim of inaction by the federal government.

“I also recognize and said in my border address that issues with tribal law enforcement predate the Biden Administration. I had conversations about these issues with former Attorneys General Jeff Sessions and Bill Barr. In my experience, unlike the current administration, the previous administration was willing to have conversations about how we can work together to address these challenges.

“I thank President Star Comes out for his service in our nation’s military. As I told bipartisan Native American legislators earlier this week, ‘I am not the one with a stiff arm, here. You can’t build relationships if you don’t spend time together.’ I stand ready to work with any of our state’s Native American tribes to build such a relationship.”

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Guest Column: Good Neighbors By House Majority Leader Will Mortenson and Senate Majority Leader Casey Crabtree

Good Neighbors

By House Majority Leader Will Mortenson and Senate Majority Leader Casey Crabtree
February 3, 2024

South Dakota is a special place. We are blessed with natural wonders, fertile soil, room to roam, and freedoms that most people in the world envy. What makes South Dakota exceptional are the people and how we treat one another. Here in South Dakota, we embody the value of being a good neighbor. From helping with ranch chores, harvest, child care, or an emergency, South Dakotans are always stepping up to help others.

Just like any family, there are times we may disagree. Today, we are faced with strong feelings on both sides of the land use debate related to carbon dioxide pipelines. The proposed project has led to emotional conversations in the Legislature, at county commission meetings, and around dining room tables.

Going into the 2024 Session, both of us as Republican Majority Leaders are committed to finding a path forward that benefits landowners and sets clear expectations of regulatory and procedural requirements for those who want to do business in South Dakota. For those who want to become our neighbors and do business here, they will need to do so the South Dakota way, as good neighbors.

We know this is a contentious issue, but we also know South Dakotans can come together to enact good public policy. Both of us have talked to landowners opposed to the project as well as landowners willing to work on easements. Based on those conversations, it is clear that the time is now for impactful change related to the planning, siting, surveying, permitting, and safety mitigation regarding CO2 infrastructure projects while also reaffirming protections to landowners.

Last year, the two of us and our respective chambers were on the opposite side of this issue, and we left Pierre in a stalemate. After lengthy discussions with landowners, ag producers, landowner-rights groups, county commissioners, and our colleagues in the Legislature, it became clear that we all agreed far more than we disagreed. Together, we have worked on proposals that focus on a project development process; one that promotes respect, fairness, and certainty for everyone involved.

There is widespread agreement that South Dakota needs to be forward thinking. As a state dependent upon agriculture, our prosperity depends on national and global markets, and we must embrace emerging industries that leverage our commodities. Doing so creates jobs, feeds families, pays off loans, puts dollars into local economies, and, most importantly, helps create a brighter future for our state and its next generation. This is another way we are focused on helping people because a rising tide lifts all boats. A strong ag economy in South Dakota helps everyone.

Policy reform is needed, and that will require good-faith discussions based on facts among everyone willing to have a serious discussion on protecting property rights while also setting in place a process for projects with tremendous public benefit. With that as our starting point, we have introduced legislation to keep our state open for business while reaffirming our commitment to protecting the people of South Dakota.

We have introduced three bills this year that we are asking our fellow legislators to support–HB 1185, HB 1186, and SB 201. As a package, these bills address many of the concerns we have heard since the CO2 pipeline projects began. These landowner protections include:

1. Additional compensation to landowners when building for-profit infrastructure projects.

2. Safety enhancements, including additional minimum depth to 4 feet and required release of all dispersion and impact models.

3. Liability protection, including lifetime repair of drain tile, indemnification for harm done to land, livestock, and residents.

4. Improved land surveying process. For survey and siting, planners must provide a description of the area, anticipated date(s) and time(s), length of time needed, work description, and contact information for the company. Landowners may challenge the request within 30 days.

5. Project planners must provide additional safety and land-use studies to justify the project need, their ability to protect landowners, and ability to follow through on their commitments.

6. Land agents for CO2 pipeline projects must be South Dakota-based.

7. Easements for CO2 pipeline projects expire after five years if the developer is unable to construct the project.

This is truly a consequential year for lawmakers in Pierre. We can come together and support common sense reforms that protect landowners, we can fight to squander economic development that benefits the state as a whole, or we can leave session in a stalemate once again.

Together, we’re committed to continuing the South Dakota tradition of being good neighbors and right-sizing the issues that have emerged to forge a path forward that respects landowners, creates fairness for landowners and developers, and provides certainty for all parties on the process to be followed for infrastructure projects in our state.

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South Dakota Democrats cancel long-time party activist Sheldon Osborn for expressing his opinion.

I just caught this story from a few days back over at SD Standard where it appears that the South Dakota Democrat Party has canceled Sheldon Osborn, one of their visible & long-time party activists for apparently having the temerity to speak his mind. Unfortunately for some Democrats, the fact that people listened to him was problematic enough that they felt the need to strip him of party office:

On Saturday, he was told his efforts were no longer needed. Osborn was recalled as Region 3 representative during a South Dakota Region 3 State Central Committee meeting on Saturday. Region 3 includes legislative districts 9, 10, 11, 14 and 15, covers Minnehaha County and includes Sioux Falls and a section of Hartford.

and..

In a notice of the Zoom meeting to decide his status, Region 3 officials said Osborn, a 76-year-old accountant and commercial property manager with a lengthy history of party activism, actually posed a risk.

“Our party, especially at a local level, faces many threats, but the continuous presence and undermining behavior of Sheldon Osborn is the most dangerous threat to the success of party efforts in our state’s largest county,” it states. “For these reasons and more, a majority of Region 3 SCC members seek an expeditious process to recall and replace Sheldon Osborn.”

and..

He said Erik Muckey, the chair of the Minnehaha County Democratic Party, was especially sensitive to any criticism. Muckey is the CEO of Lost&Found, which describes itself as “the region’s largest youth and young adult-focused (ages 10-34) suicide prevention and postvention nonprofit.”

In addition, he is the founder and managing partner of Pasq, a Sioux Falls consulting firm. Former SDDP Executive Director Berk Ehrmantraut is Pasq’s director of operations and Jessica Meyers, the former party vice chair, is a managing partner.

Muckey circulated a petition to recall Osborn. Among the signers were state Sen. Reynold Nesiba and 2020 Democratic gubernatorial candidate Jamie Smith, who is running to replace the term-limited Nesiba in the state Senate. Ehrmantraut notarized the petition.

Read the entire story here.

For quite a few years, Osborne’s regular commentary as part of his “Drinking Liberally” website was the only place to get an honest opinion on the inner happenings at the South Dakota Democrat party coming from a member of the rank & file. And from the sounds of it, there are those in the new woke leadership team who doesn’t really like those dissenting views.

I mean, writing this website, I get Sheldon’s dilemma. Do you consent to that with which you disagree by silence, or do you shine the light of day?  There have been plenty of occasions where a few past members of House legislative leadership would make backbiting efforts to try to cancel me with the Republican party. Thankfully, those that are elected to lead the Republican party are made of sterner stuff.

In a few written interactions I’ve had with Sheldon, and in reading his commentary about the innerworkings of the SDDP with interest, Sheldon never struck me as a person who sought to sow chaos as much as have a viewpoint that came with a different set of tools and experiences, such as when the Democrat Party managed to experience success in their goals.

If the house that State Democrats have built isn’t strong enough to withstand a few contrary words, they probably deserve what they have coming down the line.

I’m sure Sheldon will be happy having a beer on the patio, and I’m sure others will be happy to join as he watches.

SD Ag Alliance Applauds Legislative Leadership’s “Good Neighbor Policy” to Regulate Carbon Pipelines

SD Ag Alliance Applauds Legislative Leadership’s “Good Neighbor Policy” to Regulate Carbon Pipelines

(Pierre, SD) Senate Majority Leader Casey Crabtree and House Majority Leader Will Mortenson have announced a “Good Neighbor” legislative package that will establish protections for landowners and funding for counties.

The SD Ag Alliance supports the legislative package because it creates significant protections for landowners,” said Rob Skjonsberg, founding member. “Like any significant proposal, details will continue to be worked out. Senator Crabtree and Representative Mortenson are to be commended for tackling such an important issue.”

The legislative package is good for landowners and creates regulatory certainty for pipelines which is a win-win for South Dakota,” said Jason Glodt, founding member.

The legislative package is comprised of three bills (Senate Bill 201 and House Bills 1185 and 1186) and provides protections for landowners, funding for counties and regulatory certainty for businesses.

Protections for Landowners: The legislative package established protections for landowners, including 1) land survey reform; 2) liability protection; 3) minimum depth of carbon-capture pipelines of four feet; 4) lifetime repair of drain-tile, 5) release of dispersion models; and 6) additional compensation for landowners.

Funding for Counties and Townships: The legislative package also includes funding for counties and townships, including funds to maintain roads. The legislation will also create an extraordinary expenses fund which will be paid for by carbon pipelines. The state, counties, and townships will be able to access the funds to cover costs incurred for emergency response training and to purchase equipment.

Open for Business: In addition, the legislation will keep South Dakota open for business by creating legal and regulatory certainty for businesses.

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