Guest Column: Ode to Our Citizen Legislature by Representative Will Mortenson

Ode to Our Citizen Legislature
Rep. Will Mortenson (R-Central South Dakota)
March 14, 2023

For 134 years, South Dakota has counted on regular citizens to do the business of governing our state. We have rejected attempts to create a full-time legislature. State legislators don’t have media teams or full-time, political staff. We come to the Capitol, consider each issue, and apply our best judgement. We have regular jobs and go back to them when the legislative session wraps up in early March.

Our South Dakota system still works. The Legislature remains close to the people. We return home each weekend for cracker barrels or to hear from constituents at the grocery store or at church. When we receive emails from constituents, it is actually the legislator reading the email and responding. When we get calls, we return them, usually from our cell phones. In South Dakota, we still have a true citizen Legislature.

This year, we worked through the 462 bills and joint resolutions placed before us, just like we do every year. Each one of these bills and resolutions got a full and fair hearing, at which any person can appear and testify. These hearings are always broadcast on the internet and archived. That is unusual for state legislatures. Many other states do not require hearings, even fewer broadcast and record the proceedings, and very few allow any person to testify without registering in advance. After these hearings, each bill was either passed or was defeated by a recorded vote. All this information is saved at www.SDLegislature.gov. I’m proud of our transparent process and will protect the guarantees that all bills receive hearings and that those hearings are available to the public immediately.

So – what did our citizen-led process produce this year? We adopted Governor Noem’s recommended budget. She proposed increases for educators, nursing homes, and state employees, as well as targeted increases making tuition free for National Guard members, constructing prisons, and replacing old and outdated software systems that serve all of state government. In February, both the Governor’s staff and the Legislature’s economists advised us that revenues were continuing to come in strong, so we could afford to give teachers, nursing homes, and state employees a little more funding. The Legislature also set aside money to get ready for the Medicaid Expansion costs that will be coming in a couple years. Finally, the budget we adopted accounted for a $104 million sales tax cut, similar in size to that which the Governor proposed. The budget followed the Governor’s blueprint and added prudent investments for schools, nursing homes, and state employees. It saved money for known expenses in the future. South Dakotans should be confident that their budget is fiscally responsible and takes care of our obligations, all while cutting taxes by more than $100 million.

Beyond the budget, we made real strides in college affordability, addressing workforce shortages and helping those struggling with mental health and suicide. We passed bills to protect the public and back law enforcement. We made thorough improvements to our election system. We defeated needless laws and avoided creating a slew of new government programs. It was a productive, workmanlike effort from the 2023 Legislature.

Our nation’s founders had a vision for how the United States was supposed to be governed: by leading citizens from each state, taking a few months out of their year to come together and pass a limited set of laws before returning to live under those laws. Where Congress veered off course, South Dakota stayed steady. Our Legislature is comprised of farmers, educators, law enforcement, businessmen, and everything in between. We are parents and grandparents. We serve on charitable boards and coach youth sports teams. We don’t have dozens of staffers or media strategists. We’re just regular South Dakotans who come to the Capitol for nine weeks and do the people’s work. This year, I’m proud to say, we got the job done.

Gov. Noem to Sign Tuition Reimbursement Bill for Members of the SDNG

Gov. Noem to Sign Tuition Reimbursement Bill for Members of the SDNG

Bill Signing to Take Place in Rapid City

 PIERRE, S.D. – On Thursday afternoon in Rapid City, Governor Kristi Noem will sign HB 1039, which provides 100% tuition reimbursement for members of the South Dakota National Guard at Board of Regents institutions and state tech colleges.

The bill signing will take place at 12:15 pm MT on Thursday March 16 at the Range Road Armory in Rapid City. Media is welcome to attend the bill signing, and Governor Noem will take questions.

Shortly after the bill signing, Governor Noem will participate in a deployment ceremony for the 216th Fire Fighting Detachment. That ceremony will take place at 1pm MT at the same location.

This legislation will help South Dakota’s bravest men and women to stay in our state to get an education, participate in our booming economy, and raise a family. The members of the South Dakota National Guard have gone above and beyond the call of duty time and time again. This legislation will give back to them and ensure that they can receive the kind of education they deserve.

WHAT: Governor Noem to sign tuition reimbursement bill for members of the SDNG
WHEN: 12:15 pm MT on Thursday, March 16
WHERE: Range Road Armory – 3740 Range Rd, Rapid City, SD
LIVESTREAM: Facebook.com/GovNoem

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Gov. Noem Signs Legislation Updating “Governor” References

Gov. Noem Signs Legislation Updating “Governor” References
Signs Other Good Government Bills into Law

 PIERRE, S.D. – Governor Noem has signed HB 1175,  which reflects the fact that South Dakota has its first woman Governor and changes references to the Governor and other officials in state statute.

“Every little girl in South Dakota should realize that she can grow up to do whatever she wants to do – to be whoever she wants to be,” said Governor Noem.  “We are fixing our laws and South Dakota Constitution so that they reflect the fact that women and men can both attain offices like governor. I began my State of the State Address by promising to deliver on this, and I am grateful to the legislature for working with me.”

Governor Noem also signed the following 10 good government bills into law:

  • SB 23 – Makes an appropriation for the modernization of the state’s enterprise resource planning systems;
  • SB 69 – Modifies the composition of the State-Tribal Relations Committee;
  • SB 134 – Revises membership of the Medical Marijuana Oversight Committee;
  • SB 145 – Revises provisions pertaining to township eligibility for the rural access infrastructure fund;
  • SB 174 – Prohibits the enactment or implementation of an ordinance, resolution, or policy that prohibits the use of an energy utility service;
  • HB 1008 – Revises provisions relating to actuarial terminology used by the South Dakota Retirement System;
  • HB 1035 – Makes an appropriation to the Department of Revenue for the modernization of the motor vehicle administration system;
  • HB 1042 – Updates additional charges allowed for mailing decals and plates;
  • HB 1220 – Provides that a female who undergoes an unlawful abortion may not be held criminally liable; and,
  • HB 1239 – Prohibits a ban of fuel gas appliances used by consumers.

Governor Noem has signed 137 bills into law and vetoed 4 this legislative session.

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Johnson Leads Work Requirements Fight in the U.S. House

 Johnson Leads Work Requirements Fight in the U.S. House

The America Works Act closes loophole states have used to ignore existing work requirements

 Washington, D.C. – Today, U.S. Representative Dusty Johnson (R-S.D.) introduced the America Works Act, a bill to reform work requirements for able-bodied Americans receiving Supplemental Nutrition Assistance Program (SNAP) benefits. Current federal law requires Able Bodied Adults Without Dependents (ABAWDs) younger than 49 years old on SNAP to participate in work, training, or education for 20 hours a week.

Currently, 18 states utilize waivers to exempt individuals from work requirements. Unfortunately, many states abuse these waivers and ignore work requirements for ABAWDs. Johnson’s bill would close the loophole allowing those waivers. According to data prior to the pandemic, 1.36 million ABAWD households reported zero dollars in gross income – meaning they did not work at all.

“Work is the best pathway out of poverty,” said Johnson. “Work requirements have proven to be effective, andpeople who can work should work. With more than 11 million open jobs, there are plenty of opportunities for SNAP recipients to escape poverty and build a better life.”

The America Works Act of 2023:

  • Emphasizes and amends work requirements for Able Bodied Adults Without Dependents (ABAWDs) requiring childless adults, unless exempted, to work or participate in work-related training or education, for at least 20 hours per week in order to receive Supplemental Nutrition Assistance Program (SNAP) benefits.
    • This bill maintains current law which states that ABAWDs are subject to a three-month limit of SNAP benefits unless they work 80 hours per month.
  • Raises the age limits of an ABAWD from 18 to 49 to 18 to 65, consistent with the age individuals become eligible for Medicare.
    • Employment projections from the Bureau of Labor and Statistics show that individuals over the age of 55 are projected to assume over 25% of the workforce in 2022.
  • The America Works Act of 2023 eliminates states’ ability to carry over exemption waivers from year to year, reducing instances of stockpiling and hampering abuses of the law.
    • States are currently allowed robust flexibility in managing their SNAP population, with 12% of state caseloads eligible for exemptions from the work requirements.  Johnson’s bill maintains that flexibility, but doesn’t allow states to carry over exemptions year after year.

Reps. Chuck Edwards (NC-11), Warren Davidson (OH-08), Jake Ellzey (TX-06), Mary Miller (IL-15), Doug Lamborn (CO-05), August Pfluger (TX-11), Lori Chavez-DeRemer (OR-05), Josh Brecheen (OK-02), Jen Kiggans (VA-02), Randy Feenstra (IA-04), Troy Nehls (TX-22), Ryan Zinke (MT-01), Mark Alford (MO-04), Andy Ogles (TN-05), Max Miller (OH-07), Pat Fallon (TX-04), Virginia Foxx (NC-05), Randy Weber (TX-14), Glenn Grothman (WI-06), Tim Walberg (MI-05), Richard Hudson (NC-09), Scott Franklin (FL-18), and Michael Cloud (TX-27) are original cosponsors of the America Works Act.

Read the bill text here.

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Minnehaha Co GOP features Haugaard presenting “the factual discussion about the Julie Frye-Mueller case.”

This last Friday, the Minnehaha County GOP had a luncheon, but it doesn’t look like a lot of people signed up to swallow this narrative along with their breadsticks.

Wow. Would not expect a lot of people going to Pizza Ranch because they wanted to hear from Julie Frye-Awful’s attorney on how the Senate mistreated her.

And from the photos, I’m not wrong. But that should not come as a shock. 33 of the 35 members of the Senate didn’t believe Haugaard and Frye Mueller a month ago, either.

According to the post, they proclaimed they had “nearly 40 people there.” And if you subtract the organizational officials and spouses, you might break 30.

30 people out of 55,643 Republicans in the most populous county in South Dakota. Think of that.

Minnehaha County Republicans struggled to fill a half-room at Pizza Ranch in their first at bat with the new leadership group, as they tried to push an already rejected narrative by the attorney for a disgraced legislator. 

Not exactly a party building exercise.

Guest Column: One Senator’s Summary of Session

One Senator’s Summary of Session
by Sen. Brent “B.R.” Hoffman
“There are two things you should never see up close:  making sausage and politics.”
Otto Bismark
It’s not easy to explain the legislative process.  While the end result may be a new law, the route it took to get there is often circuitous or haphazard, as the process is mostly built on precedent and personal relationships.  It’s not easy to follow, nor is it for the faint of heart.
Though the process can be messy (“making sausage”), it still seems to work, and so it’s important to share information on new resolutions, landmark laws or dead bills that may be of interest to you.  So here below, I’ve summarized the main proposals I presented as the prime sponsor this last legislative session, and I’ll hope you find it interesting.
Nuclear Energy Interim Legislative Committee (SCR601), a concurrent resolution, passed cleanly through the Senate (34-0) and House (63-5).  The next step is consideration by the Legislative Executive Board, and if selected, a study on nuclear energy would take place this summer.
Limited Parole for Violent Offenders (SB146), a landmark law and order bill, cleared the Senate (29-4) and House (53-17).  This legislation is focused on higher-level, violent felonies and is sometimes called “Truth in Sentencing.”  The bill is currently under consideration in the governor’s office.
Constitutional Amendment for Term Limits (SJR504), a joint resolution, would limit terms of service for senators and representatives to eight years.  Currently, legislators can serve without limit as long as they switch between chambers, take a break or are reappointed.  Though the resolution failed in committee (8-1), an initiated amendment has been filed for petitions to place it on the ballot.  Term limits have never passed the state legislature, but have never failed at the ballot box.
Promoting the State Motto (SB133), a simple bill, would’ve replaced the tourism slogan (“Great Faces, Great Places”) on state license plates with the state motto: “Under God the People Rule.”  Though the bill passed the Senate Transportation Committee (5-1), it was defeated in the Senate (23-12).
Presiding Officer of State Senate (Rule S1-1) is a proposal to empower the state senate, rather than the executive branch, to preside over the state senate.  The rule change moved forward from the Legislative Procedures Committee (7-0).  The Legislative Research Council will study and “develop a proposal” prior to the next session.
In addition to these bills, I co-sponsored a number of other bills, and as always, you’re welcome to contact me for additional details.  It’s an honor to work for you in the state senate, and I thank you for the opportunity.

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The author served a career in the military, surviving the 9/11 attack on the Pentagon.  He’s a published author, occasional newspaper columnist and currently serves as a state senator for District 9, which includes western Sioux Falls, Hartford and Wall Lake.

Attorney General Jackley Releases Draft Explanation for Proposed One Subject Constitutional Amendment

Attorney General Jackley Releases Draft Explanation for Proposed One Subject Constitutional Amendment

PIERRE, S.D. – South Dakota Attorney General Marty Jackley has released a draft ballot explanation that would remove the provision that a proposed constitutional amendment can cover only one subject.

State law requires the Attorney General to 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.

State law requires the Attorney General to draft a title and explanation that may appear on an election ballot. Attorney General Jackley’s draft explanation on this proposed amendment can found here.

Currently, the state Constitution limits all proposed constitutional amendments to just one subject. This proposed amendment would remove the one subject provision from the Constitution.

Once the Attorney General has filed and posted the draft explanation, the public has 10 days to provide written comment. The explanation was filed Monday, March 13, and the deadline for comments on this amendment explanation is March 23, 2023, at the close of business in Pierre, South Dakota. The final explanation is due to the Secretary of State on April 3, 2023.

The draft amendment would require 35,017 valid petition signatures to qualify for the 2024 general election ballot.

To file written comments on a draft Attorney General’s explanation please use one of the following methods below. Copies of all received comments will be posted on this website.

Comments may be submitted via mail, or through hand delivery, to the Attorney General’s Office at:

Office of the Attorney General
Ballot Comment
1302 E. Hwy. 14, Suite 1
Pierre, SD 57501

Comments that are hand delivered must be received by the close of business in Pierre, South Dakota, by March 23, 2023. Comments that are mailed must be received by the Attorney General’s Office before the deadline expires to be accepted.

Comments may also be emailed to ATGballotcomments@state.sd.us by March 23, 2023.  Comments should be clearly expressed in the body of the email.  The Attorney General’s Office will not open attachments in an effort to prevent malware or other digital threats. Please include your name and contact information when submitting your comment. The title of the comment must be included in the subject line of the email.

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Youngberg versus Pischke for D25 Senate in 2024?

Had a reader send this amusing doctored photo to me this evening. Along with a notation pointing out that former Madison State Senator Jordan Youngberg has moved to 30 miles or so to the east – over to the Colman area – placing him in District 25 now.

Add to that a little chatter that Youngberg might be missing politics a bit, and contemplating entering back into the Legislative arena, and we have the potential for an interesting face off.

Youngberg first came to the attention of the political scene by knocking out a tough Democrat in a legislative district that was not always hard Republican. And he’s not just an indefatigable campaigner, he’s a pretty decent fundraiser as well.

Another bit of information that was brought to my attention is that the Dell Rapids/Garretson area is Youngberg’s hometown, with family still all over the place. Meaning that after redistricting, the new District 25 is made up of Youngberg’s hometown area, and much of his old district.

Factor that against sitting District 25 State Senator Tom Pischke, who not just literally tied with Julie Frye Mueller as the most ineffective state senator in Pierre, passing nothing, but he doubled down on it with blunders such as defending the rights of convicted sex offenders to be in classrooms, and getting kicked out of caucus trying to claim his fellow senators should actually be arrested for suspending Frye-Mueller while they investigated her harassment of a Legislative employee.

When you add those items up, the District 25 State Senate race has some potential to be an interesting contest to watch in the coming months.

Stay tuned.

Gov. Noem to Sign Bill to Preserve Agriculture in Mitchell

Gov. Noem to Sign Bill to Preserve Agriculture in Mitchell

PIERRE, S.D. – On Wednesday morning, Governor Kristi Noem will sign HB 1090, which will protect South Dakota agriculture operations from frivolous claims that can delay development and increase costs for producers.

The bill signing will take place at 11:00 am CT on Wednesday March 15 at C & B Operations in Mitchell. Media is welcome to attend the bill signing, and Governor Noem will take questions.

This legislation will help ensure the continued growth and success of the state’s agriculture industry. The prime sponsors of the legislation are Rep. James D. Wangsness (R-23) and Sen. Joshua Klumb (R-20).

South Dakota agriculture is a $32 billion industry, accounting for 1 out of every 5 jobs in the state. It fuels development of our entire economy. Our producers need dependability to preserve their operations. This legislation provides South Dakota farmers with additional liability protection in the event that a nuisance claim is filed against them.

WHAT: Governor Noem to sign bill to preserve agriculture
WHEN: 11:00 am CT on Wednesday, March 15
WHERE: C & B Operations – 2600 W Havens Ave, Mitchell, SD, 57301
LIVESTREAM: Facebook.com/GovNoem

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Judge rejects Joel Koskan plea agreement in case of sexual child abuse accusations

Breaking from Austin Goss at Dakota News Now..

The Judge has rejected the plea agreement between Joel Koskan and the state in the case of sexual child abuse accusations involving Koskan and a person having been previously identified as an adoptive daughter.

If you recall, information on the plea agreement had outraged South Dakotans in it’s leniency.. however, the plea agreement prevented the victim from having to go to court to further testify.

We will see where it all goes now.