The Dakota Scout is reporting this morning that State Representative Jess Olson, who resigned this week due to health reasons, had at least two contracts she signed with the State of South Dakota during her time in office:

A review of state financial records by The Dakota Scout has found that a business owned by former South Dakota legislator Jess Olson has had at least two contracts with the state, both personally signed by the District 34 Republican during her tenure in office.

Stay Graceful Inc., an in-home health care agency based in Rapid City and registered to Olson on the Secretary of State’s business registry, is listed on the state’s online checkbook as a vendor, contracting for Medicaid reimbursements through the South Dakota Department of Human Services.

Read that here.

After Olson’s resignation this week, and the earlier resignation of Senator Jessica Castleberry, which came with an agreement to repay nearly half a million dollars of state funds received, that leaves State Representative Kevin Jensen as the only legislator immediately known to have his name attached to state contracts during his tenure in office who has not resigned.

As reported here at Dakotawarcollege this past January, Jensen’s name is on several contracts for his wife’s business with the State of South Dakota as the provider’s “Fiscal Contact.” Jensen has protested any questions of propriety declaring that he receives no financial benefit and claims he’s only “volunteering” for his wife who has signed the contracts with the State of South Dakota while he has been a State Legislator.

I guess it’s not every business that has a member of the legislature volunteering for them, eh?

The South Dakota Supreme Court has been asked by Governor Kristi Noem in cooperation with legislative leadership for some clarity from the South Dakota Supreme Court on legislative conflicts of interest, as Senate President Pro Tempore Lee Schoenbeck noted to the Associated Press, “depending on the court’s ruling, a number of lawmakers may need to resign or pay the state back for services received.”

Welcome back to another edition of the Weekly Round[s] Up! As you all know, Veterans Day was this past weekend, a day set aside to honor the brave men and women who have defended our nation. I wanted to take a moment to say thank you to all of our veterans in South Dakota and across the country. It is because of your sacrifice that we are able to enjoy our freedoms in the greatest nation in the world – not just on Veterans Day, but every day of the year. We owe you a debt we can never repay.

As we look to the week ahead, we have a November 17 deadline to fund the government through either appropriation bills or a continuing resolution that would grant us another short-term extension. We continue to meet with South Dakotans, attend hearings and briefings and vote on the Senate floor. Here’s my Weekly Round[s] Up:

South Dakotans I visited with: Leaders from South Dakota’s rural telecommunications companies, including Midstate Communications, West River Cooperative, Alliance, SDN Communications and Golden West; and Butte County Sheriff Fred Lamphere. I also had the honor of speaking at Aberdeen Central High School’s annual Veterans Day program this past Friday.

Meetings this past week: Ned Finkle, Vice President of External Affairs at NVIDIA; Seleshi Bekele, Ethiopia’s Ambassador Extraordinary and Plenipotentiary to the United States; Ivan Giraud, CEO of Bel Brands; and Kent Masters, CEO of Albemarle Corporation. I also spoke about AI at a dinner hosted by CNBC.

This past week, I also hosted two more AI insight forums. One forum was on elections & democracy, where we heard from panelists ranging from election officials to representatives from organizations such as Meta/Facebook and Google. The second forum was on privacy and liability, where we spoke with legal experts and scholars on data privacy and accountability in the use of AI. We appreciate all of the panelists who have come to the Senate to talk through the many aspects we need to consider as we look to the future of AI regulation and legislation.

We had our Senate Prayer Breakfast this week, where Senator Kirsten Gillibrand of New York was our speaker. Senator Gillibrand and I were co-chairs of the National Prayer Breakfast in 2022. Earlier this year, we did an interview with Fox News to talk more about Senate Prayer Breakfast, which you can watch here.

Met with South Dakotans from: Aberdeen, Belle Fourche, Bison, Garretson, Kimball, Sioux Falls, Wall and Winner.

Headline of the week: How Sen. Mike Rounds wants to reimagine the VA, future of veterans in America: A Q&A – Argus Leader

Votes taken: 16 – Almost all of these were confirmation votes on judges and executive branch positions within the Department of Health and Human Services and the Equal Opportunity Employment Commission. One vote was on a Congressional Review Act (CRA) introduced by my colleague Senator Marco Rubio (R-Fla.) to overturn a Biden administration rule that would waive “Buy America” requirements for electric vehicle manufacturers. Allowing this waiver to go through means more of our taxpayer dollars would be sent to China to support the President’s woke electric vehicle agenda. I voted to overturn this waiver: if the President wants to spend Americans’ hard-earned money on electric vehicle chargers, he can spend it here in America.

Hearings: I attended one committee hearing this week in the Select Committee on Intelligence.

Classified Briefings: I attended three classified briefings this past week. One was related to my work on the Senate Armed Services Committee’s Strategic Forces Subcommittee. The other was related to my work on the Senate Banking Committee. I also had a closed briefing with Israeli Ambassador Michael Herzog related to the war in Israel and Gaza.

My staff in South Dakota visited: Aberdeen, Britton, Brookings, Deadwood, Highmore, Kennebec, Pierre, Sioux Falls, Sisseton, Spearfish, Sturgis and Wall.

Steps taken this past week: 56,109 steps or 27.63 miles

Video of the week: As a member of the Senate Committee on Veterans’ Affairs, I have the opportunity to help our veterans receive recognition for medals they earned during their service but never received. I sent out this video over the weekend, but even if you’ve already seen it, it’s worth watching again. The video showcases the stories of two veterans who received their earned medals this fall:

If you or a loved one are a veteran experiencing trouble working with the VA or with receiving a long overdue service medal, please contact one of my offices. We would be honored to help.

Thune, Klobuchar Lead Commerce Committee Colleagues in Introducing Bipartisan AI Bill to Boost Innovation and Strengthen Accountability

Senators’ bipartisan legislation would bolster innovation and increase transparency and accountability for higher-risk AI applications

 WASHINGTON — U.S. Sens. John Thune (R-S.D.), Amy Klobuchar (D-Minn.), Roger Wicker (R-Miss.), John Hickenlooper (D-Colo.), Shelley Moore Capito (R-W.Va.), and Ben Ray Luján (D-N.M.), all members of the Senate Committee on Commerce, Science, and Transportation, today introduced the Artificial Intelligence (AI) Research, Innovation, and Accountability Act of 2023. The bipartisan legislation establishes a framework to bolster innovation while bringing greater transparency, accountability, and security to the development and operation of the highest-impact applications of AI.

“AI is a revolutionary technology that has the potential to improve health care, agriculture, logistics and supply chains, and countless other industries,” said Thune. “As this technology continues to evolve, we should identify some basic rules of the road that protect consumers, foster an environment in which innovators and entrepreneurs can thrive, and limit government intervention. This legislation would bolster the United States’ leadership and innovation in AI while also establishing common-sense safety and security guardrails for the highest-risk AI applications.”

“Artificial intelligence comes with the potential for great benefits, but also serious risks, and our laws need to keep up,” said Klobuchar. “This bipartisan legislation is one important step of many necessary towards addressing potential harms. It will put in place common sense safeguards for the highest-risk applications of AI – like in our critical infrastructure – and improve transparency for policy makers and consumers.”

“Artificial Intelligence technologies hold incredible potential for the future of our country, and it is important for Congress to provide guidance to industry as new applications emerge,” said Wicker. “This legislation would provide a light-touch framework to help protect Americans and ensure this promising capability is not crushed by an overly burdensome and reactive approach.”

“We’re entering a new era of Artificial Intelligence,” said Hickenlooper. “Development and innovation will depend on the guardrails we put in place. This is a commonsense framework that protects Americans without stifling our competitive edge in AI.”

“I am glad to partner with my colleagues to introduce a bipartisan first step towards addressing the development of AI,” said Capito. “Our bill will allow for transparent and commonsense accountability without stifling the development of machine learning. I look forward to working with my colleagues to advance this important legislation.”

“Artificial Intelligence is advancing faster than ever. AI presents immense opportunities, but these high-tech capabilities also pose significant risks,” said Luján. “That’s why I’m proud to join my colleagues in introducing this bipartisan legislation to support research and innovation in AI, and approaches for accountability and safeguards for its use. Congress must keep pace with the development of AI systems with the American people in mind, and this bill will do just that through the creation of risk-based guardrails, transparency requirements and corporate accountability.”

Read additional statements of support here.

Find additional information on the AI Research, Innovation, and Accountability Act of 2023 here:

Content Provenance and Emergence Detection Standards: To provide clearer distinctions between human and AI-generated content, the bill would require the National Institute of Standards and Technology (NIST) to carry out research to facilitate the development of standards for providing both authenticity and provenance information for online content, similar to the efforts of the Coalition for Content Provenance and Authenticity. The bill would also direct NIST to support standardization of methods for detecting and understanding emergent properties in AI systems in order to mitigate issues stemming from unanticipated behavior.

AI Definitions: The bill would provide new definitions for “generative,” “high-impact,” and “critical-impact” AI systems. A clear distinction would also be made between “developer” and “deployer” of the AI system for purposes of requirements outlined below.

Generative AI Transparency: To ensure consumers are properly notified when they are interacting with generative AI, the bill would require large internet platforms to provide notice to users when the platform is using generative AI to create content the user sees. The U.S. Department of Commerce would have the authority to enforce this requirement.

NIST Recommendations to Agencies: NIST would be required to develop recommendations to agencies for technical, risk-based guardrails on “high-impact” AI systems, in consultation with other agencies and non-government stakeholders. The Office of Management and Budget would be tasked with interagency implementation of such recommendations.

Risk Management Assessment and Reporting: Consistent with the structure of NIST’s AI Risk Management Framework, the bill would require companies deploying critical-impact AI to perform detailed risk assessments. These reports would provide a comprehensive, detailed outline of how the organizations manage, mitigate, and understand risk. Deployers of “high-impact” AI systems would be required to submit transparency reports to the Commerce Department.

Critical-Impact AI Certification: The bill would require critical-impact AI systems to be subject to a certification framework, in which critical-impact AI organizations would self-certify compliance with standards prescribed by the Commerce Department. The structure of the certification process is outlined below:

• AI Certification Advisory Committee: The bill would establish an advisory committee, composed of industry stakeholders, to provide input and recommendations on the issuance of proposed critical-impact AI certification standards.
• Submission of Certification Plan: Before any standards for critical-impact AI could be prescribed, the Commerce Department would be required to submit to Congress and the advisory committee a five-year plan for testing and certifying critical-impact AI. The plan would outline not only proposed standards and a timeline for their implementation, but also a process for (1) evaluating whether standards are necessary and appropriate, including whether a prevailing international standard is sufficient and (2) how objective and transparent information will be gathered. The Commerce Department would be required to regularly update the plan and consult with other government agencies, the advisory committee, and non-governmental standards organizations in the process.
• Critical-Impact AI Standards: The Commerce Department, upon submitting a certification plan to Congress and the advisory committee, would have the authority to prescribe testing, evaluation, validation, and verification (TEVV) standards for critical-impact AI. Critical-impact AI deployers would self-certify compliance with the standards. All standards would have to be submitted for public comment.
• Exemptions: The Commerce Department would have the authority to issue exemptions from certain TEVV standards, as deemed appropriate, in response to exemption applications from critical-impact AI deployers.
• Noncompliance and Enforcement: Upon discovering noncompliance with an applicable TEVV standard, critical-impact AI organizations would be required to immediately notify the Commerce Department and provide a plan for addressing the noncompliant aspect of the AI system. In response, the Commerce Department could order additional actions to be taken by the organization.

AI Consumer Education: The bill would require the Commerce Department to establish a working group to provide recommendations for the development of voluntary, industry-led consumer education efforts for AI systems.

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Thune: “Bidenomics” is a Nightmare for South Dakota Families

 “With at least a year more on the president’s time in office, I’m afraid that Bidenomics will continue to eliminate American families’ breathing room for the immediate future.”

WASHINGTON — U.S. Sen. John Thune (R-S.D.) today spoke on the Senate floor about the incredible burden South Dakotans are facing as a result of “Bidenomics.” Thune noted that Americans are having to deal with record-high prices and sky-high interest rates on credit cards, mortgages, and car loans due to President Biden’s big-government, big-spending agenda.

Rounds, Budd Demand that DOD Rescind Abortion Travel Policy

WASHINGTON – U.S. Senator Mike Rounds (R-S.D.) joined Senator Ted Budd (R-N.C.) and 26 Republican colleagues in sending a letter to Secretary of Defense Lloyd Austin denouncing the Department of Defense’s policy of paying the travel expenses of those service members and dependents seeking abortions.

“You have broken your promise to the American people not to politicize the military, and your actions have harmed and threaten to further harm institutional norms within our democracy.” wrote the senators. “Rather than respect the Supreme Court’s decision, you decided to engage the Department, and our men and women in uniform, in a policy debate properly reserved for the legislature.”

The senators’ letter concludes by calling on Secretary Austin to, “Do the right thing. Rescind the Policy now.”

In addition to Rounds and Budd, the letter was signed by Senators Roger Wicker (R-Miss.), Mike Lee (R-Utah), Cynthia Lummis (R-Wyo.), John Barrasso (R-Wyo.), Rand Paul (R-Ky.), Cindy Hyde-Smith (R-Miss.), Pete Ricketts (R-Neb.), Katie Britt (R-Ala.), Mike Braun (R-Ind.), Ted Cruz (R-Texas), Rick Scott (R-Fla.), Markwayne Mullin (R-Okla.), Deb Fischer (R-Neb.), Kevin Cramer (R-N.D.), Eric Schmitt (R-Mo.), Roger Marshall (R-Kan.), Lindsey Graham (R-S.C.), Joni Ernst (R-Iowa), Tom Cotton (R-Ark.), Chuck Grassley (R-Iowa), John Cornyn (R-Texas), John Boozman (R-Ark.), John Thune (R-S.D.), Marsha Blackburn (R-Tenn.) and Dan Sullivan (R-Alaska).

Read the full letter HERE or below.

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Secretary Austin:

You have broken your promise to the American people not to politicize the military, and your actions have harmed and threaten to further harm institutional norms within our democracy. On June 28, 2022, four days after the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, you issued a memorandum to senior leaders in the Department of Defense (“Department”) stating that the Department is authorized to pay for government funded, official travel for active duty personnel to receive abortions outside of the state in which they are stationed.

On October 20, 2022, you issued the memorandum Travel for Non-Covered Reproductive Health Care Services, properly referred to as the Department’s abortion travel policy (“Policy”), which directed the Department to pay travel expenses not only for active duty personnel to receive abortions, but for their dependents to receive abortions as well. Importantly, on July 19, 2023, at a hearing on the Department’s abortion travel policy, the Deputy Under Secretary of Defense for Personnel and Readiness confirmed that this policy extends to late term abortions.

All legislative power is vested in Congress, and the Executive branch is responsible for implementing and enforcing the law. While the Department may issue regulations, it can only do so under the laws authorized and enacted by Congress. But, Congress never authorized the Department to expend funds to facilitate abortions and, until the Policy was issued, the military never facilitated abortions except in cases of rape, incest, or where the life of the mother would be endangered if the unborn child were carried to term. Now taxpayers—many of whom have deeply-held religious and moral objections to abortions—are on the hook to facilitate the very abortions they fundamentally oppose. Indeed, a Marist poll in January 2023 found that 60% of Americans strongly oppose the use of taxpayer dollars to pay for an abortion, consistent with polls taken throughout recent years.

Rather than respect the Supreme Court’s decision, you decided to engage the Department, and our men and women in uniform, in a policy debate properly reserved for the legislature. You did so by claiming that Dobbs had “readiness, recruiting, and retention implications for the Force.” By your own officials’ admissions, however, the Department has no data to support that claim, and few servicemembers or dependents have utilized the Policy.

After multiple inquiries from Congress on this question, the Under Secretary of Defense for Personnel and Readiness finally confirmed that “The Department does not have any data on women being deterred from joining the military for fear of being stationed at an installation or base in a state or nation that has restrictive abortion laws.” Finally, a recent letter from the Ranking Member of the Senate Armed Services Committee revealed that only 12 women have taken advantage of the Policy since its inception, which undercuts your argument that Dobbs has significant recruiting and retention implications.

Our men and women in uniform deserve Senate-confirmed leadership but the current situation began with your original sin of promulgating the Policy. Much has been made in the press about one Senator’s decision to try and stop your egregious wrongs, without acknowledging the Senate Majority Leader’s refusal to bring general and flag officer nominations to the floor until forced to by Republicans. Seeking to circumvent the Senate prerogative of the informal “hold” practice without addressing the underlying causes—the novel Policy and the subsequent refusal of the Majority to bring these nominees to the floor—will not ultimately reconcile this matter. It could create a toxic precedent with lasting negative effects on future military nominations.

Your decision to issue the Policy politicized the military and placed the wants of a few over the needs of the entire nation.

Do the right thing. Rescind the Policy now.

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Governor Noem to Launch Freedom Works Here, Phase Two

PIERRE, S.D. – Today, Governor Kristi Noem and the Governor’s Office of Economic Development announced that the second phase of the Freedom Works Here nationwide workforce recruitment campaign will be launching very soon.

“Businesses love the Freedom Works Here campaign and have asked us how they can partner to keep it going – so we’re bringing it back by popular demand!” said Governor Noem. “We are continuing to recruit Freedom-loving Americans from across the country to come live and work right here in South Dakota. I can’t wait for everyone to see the new Freedom Works Here ads!”

The Freedom Works Here campaign has been successfully telling South Dakota’s story to the entire nation. After seeing the Freedom Works Here ads, Jason moved from California to Britton, South Dakota to work at Horton, Inc. Rocky moved to Pierre with his wife to work as an accountant/auditor with our Department of Social Services. Colin moved to Madison from Minnesota to work and attend Dakota State University. And Chad, a Marine veteran, not only moved his family to Rapid City, but is also moving the headquarters for his nonprofit organization, the Forgotten Fifteen Foundation, to South Dakota as well. You can read more about these success stories from phase one of the campaign here and here.

“This week, I welcomed a major east coast investor to Sioux Falls who shared the only reason he was visiting was because of the advertisements he saw from the ‘Freedom Works Here’ campaign,” said Sioux Falls Mayor Paul TenHaken. “He was intrigued enough by the ads that he and his team decided they needed to learn more about investment opportunities in our state. Even without my extensive marketing background, interactions like the one I had this week demonstrate the impact of South Dakota’s national campaign efforts.”

New Freedom Works Here ads have already been filmed to target four more professions that are in high demand in South Dakota. These ads will recruit more skilled workers to the state.

Since Governor Noem launched Freedom Works Here, the ads have been viewed over 800 million times. And more than 7,500 people have expressed interest in moving to South Dakota.

These numbers represent those working directly through the “Freedom Works Here” program. Even more people are finding jobs and moving to South Dakota of their own accord after seeing the ads.

The budget for phase two of the Freedom Works Here campaign is approximately $1.5 million. More information about the Freedom Works Here campaign can be found here.

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From the press release on the park’s development:

Storyland Studios, the three-dimensional storytelling firm, has revealed details of LIBERTYLAND USA, a new family entertainment and residential destination in the Mount Rushmore area.

The development will be the biggest development of its kind in South Dakota when it opens to visitors in 2026, which coincides with the 250th anniversary of the US.

and..

Local officials have accepted the proposal unanimously, and it has been made possible by the formation of the Rapid City Destination District, a 302.1-acre planned development zone situated in a strategic location along I-90. The project’s scope and size will be expanded in the future with the addition of property offering views of the Mount Rushmore National Memorial.

Read the entire story here.

In participating with Governor Noem’s previous request, the South Dakota State Legislature is examining whether there are more conflicts of interest out there, and intend to use them as examples in seeking guidance from the South Dakota Supreme Court.

In a meeting of the legislative Executive Board today, the panel went over the details as they attempt to answer the question of what legislators can or cannot do:

South Dakota lawmakers will receive a letter this week, asking them to list all possible conflicts of interest when it comes to their jobs outside of being legislators.

Those responses will then be used in a brief that the South Dakota Supreme Court will examine while they make a decision regarding the broad nature of a constitutional provision banning lawmakers from having a either a director or indirect conflict of interest in state contracts during their terms and up to a year after they exit office.

Read that in the Argus Leader.

At the same meeting, it came to light that the Auditor’s office would be an active participant in attempting to navigate the potential conflicts as well:

During a meeting Tuesday of the Executive Board, State Auditor Richard Sattgast explained his office would be bringing in a new accounting system that would track conflict of interest disclosures for grants.

The new system will request employers applying for state department and agency-specific grants disclose if a sitting lawmaker could benefit from the contract. State lawmakers would also have a chance to self-disclose as well if they’re a partner in the business.

Also read that here. 

What do you think?  Should someone be disqualified from serving if they participate in a spouse’s business? Or if a state employee on the job buys a shovel at a legislator’s store?

Some guidelines in this portion of law that dates back to 1889 would be helpful. 

State Representative Olson Announces Resignation, Noem Seeks Public Input on Replacement

PIERRE, S.D. – Representative Jess Olson announced that she has resigned her seat in the State House of Representatives, citing ongoing health issues. Governor Kristi Noem wishes her a quick recovery.

Representative Olson has represented District 34 in the State House of Representatives since 2019. Upon Olson’s resignation, Governor Kristi Noem requested public input on filling the District 34 vacancy.

Those wishing to be considered for the House of Representatives vacancy, or to offer nominations, should email Ben Koisti at Ben.Koisti@state.sd.us. Nominations should include the candidate’s name, current physical address, resume, cover letter, and letters of recommendation. All nomination materials must be submitted by December 5^th, 2023.

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Representative Chris Kassin to seek re-election to District 17 House

VERMILLION, SD — Representative Chris Kassin has announced that he will seek re-election in 2024 to the South Dakota State House of Representatives from District 17.

Kassin was elected to his first term in the State House in November 2022. As a first-term member, Kassin was chosen to serve on the House Appropriations Committee, which oversees and sets the state’s budget.

“My commitment to public service is driven by the desire to safeguard the quality of life we are fortunate to experience in South Dakota. I am determined to ensure that the opportunities I have enjoyed are preserved for the benefit of my children and the future generations of South Dakotans,” said Kassin. “My first session in the State House was historic thanks to careful, commonsense conservative management of our state’s resources and strong economy. Our state’s leaders were able to prioritize efforts to continue to strengthen the state as well as take care of South Dakotans now. I’m looking forward to building on the successes of the past session to continue building a strong and secure future.”

“I want to continue to be a strong voice for my friends and neighbors in District 17, prioritizing a strong economy for our state, great schools for students, and quality healthcare for citizens. Together, we can build a great future for South Dakota,” said Kassin.

Kassin was recognized as one of the top first-term legislators in the United States by the State Legislative Leaders Foundation and was invited to participate in the Emerging Leaders Program at the University of Virginia.

Kassin and his wife, Katie, and their two children, Collins and Kellen, live in Vermillion, where he works for the University of South Dakota Foundation as the Vice President of External Relations. Kassin holds a bachelor’s degree in criminal justice and a master’s in public administration from the University of South Dakota.