Weekly Update from
House Majority Whip Rep Drury
Jan 27, 2023

The accomplishments of the house this past week are the kind of days that make me proud to be serving in the House. This week saw the passage of great policies that will benefit our state, and it was an honor to be part of these accomplishments.

Supporting Housing Infrastructure

On the house floor, we passed monumental legislation this week funding $200 Million for housing infrastructure. To best develop our workforce in South Dakota is to ensure that when workers come here they know that housing is going to be available to them. This legislation is a step in the right direction. One thing to note is that this is not a new conversation. We allocated money last year, but due to complications the money was not able to be spent. The legislation we passed this year has an emergency clause and will go into effect as soon as Governor Noem signs the bill. This bill is good for our communities, and I was proud to vote for it.

Serving those who serve us

We passed two major bills to benefit those who serve our state in the National Guard, and their families. HB1039 will allow the state to pay for 100% of in-state tuition costs for a member of the National Guard at either a state school or Technical College. I was proud to vote for this legislation, it’s the least we can do for those who put themselves on the front lines to serve our communities when crisis strikes. Furthermore, we passed HB 1046, which provides free tuition for a spouse or child of a member of the National Guard that’s disabled or deceased in the line of duty. Losing a family member in the line of service is heartbreaking, so it was an honor to be able to help this legislation pass.

At the end of every legislative week, we often ask ourselves: how did the actions that we took make South Dakota a better place? The work of the legislature will always involve tough debates and questions, but I strive every day to support policies that will improve our state one step at a time. With legislation like this, we are surely on the right track for 2023.

If you have any questions about current events during session or pieces of legislation, I am always open to hearing any questions or concerns you may have. Stay in touch by filling out the contact form at www.druryfor32.com. Have a great weekend and stay warm!

Two years into the Biden administration, it’s clear we need a course correction. We can’t afford a repeat of the last two years of Democrats’ one-party rule, which was characterized by reckless spending, high inflation, open borders, and rising crime. Fortunately, with a Republican majority in the House of Representatives, the Democrats’ one-party control in Washington has ended, and both parties will have to work together to get anything across the finish line.

While divided government may sound like a recipe for gridlock, it’s often proved to be the opposite. In recent history, periods of divided government have delivered the 1986 Reagan tax reform, 1996 welfare reform, the Balanced Budget Act of 1997, and a major reform of the U.S. Department of Veterans Affairs in 2014. And there are a number of areas right now where I believe Republicans and Democrats can work together to find solutions.

A great place to start is the farm bill, which has a strong bipartisan history. As a longtime member of the Senate Agriculture Committee, I’ve worked with both Democrat and Republican colleagues to shape policy that helps meet the needs of South Dakota farmers and ranchers and strengthens our nation’s agriculture production. We also need to get to work on advancing trade agreements to expand markets for American products and services around the world, something the Biden administration has been slow to do.

There has also been a renewed and bipartisan interest in promoting transparency and accountability in Big Tech, including from President Biden. In recent years, I’ve worked on bipartisan legislation to reform existing laws that govern certain internet use, increase transparency, and improve due process for users concerning Big Tech platforms’ content moderation practices. I will continue to find ways to advance these bills as Congress works to build consensus on these important issues.

Democrats and Republicans should also be able to agree that there must be accountability when it comes to spending taxpayer dollars. Recently, I launched an oversight initiative to ensure federal broadband funding is being used for its intended purpose of extending internet access to areas that currently lack it. There is also a critical need to conduct oversight of the IRS, especially given the agency’s shaky record of handling taxpayer data and its recent record of subpar taxpayer services.

With our national debt soaring, Congress must also practice fiscal restraint. And one important way to promote fiscal responsibility is to restore an open process for funding the government that allows all the people’s representatives to have input on spending bills and other legislation. The federal government must live within its means, just like every American household, business, or farm. And it shouldn’t be placing the burden for reckless spending on hardworking middle-income families and small businesses by raising taxes. I hope Democrats will give fair consideration to extending the tax relief Republicans passed five years ago that benefits South Dakota families and businesses.

There’s a great deal we can accomplish that would make real progress on issues facing the American people. To do this, we need a genuine attitude of compromise rather than the “my way or the highway” approach Democrats have taken these past few years with disastrous results. I’m eager to get to work, and I hope we can deliver a bipartisan record of accomplishment over the next two years.

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I‘m heading to the 65th Annual Black Hills Stock Show this weekend. It’s one of my favorite events of the year – a midwestern city becomes a “slice of the Old West” – when cowboys and ranchers come from across the country. As I shake hands and greet folks, year after year, I’m reminded of the uphill battles our ranchers face every day. The next generation of ranchers needs positive change, and that’s what I’m working on in Congress.

The beginning of 2020 and beyond brought a great deal of havoc to the cattle industry. Black swan event after black swan event made it harder for ranchers, packers, and grocers to keep up with demand. With short supply of meat in grocery stores, prices skyrocketed, causing stress on the American consumer. Even though there was short supply in the stores, packers were at capacity due to COVID-19 restrictions in the workplace. Ranchers suddenly had nowhere to sell their cattle – and if they could find a processor with space, the price the ranchers were getting was dismal.

Cattle country needs solutions – it needs options – more healthy competition and more slaughter capacity.

This week, I dropped two cattle-focused bills – the Butcher Block Act and A-PLUS Act – to do both of those things. Though the Butcher Block Act has been implemented by the U.S. Department of Agriculture (USDA), it isn’t law yet – eventually the funding for USDA’s pilot program will run out without a long-term solution propping it up. I want to ensure the livestock industry will always have tools available to expand capacity and respond to market demand.

The Butcher Block Act helps new and expanded livestock or small meat processors by establishing a loan or grant program through USDA for construction and expansion. The cattle processing space is too concentrated – my bills give producers options of where to sell – making them less dependent on the big four. The A-PLUS Act revises the Packers and Stockyards Act to clarify that livestock auction owners may invest in small meat packers – putting small packers on equal footing with the big packers. Both bills will give ranchers more options and processors more shackle space to help meet the need of increasing the capacity by 5,000-6,000 head of cattle per day.

We know life is unpredictable. What we need is greater stability – not just for the ranchers, but for small packers, grocers, and consumers. That’s what these bills will produce – stability. I’m looking forward to leading these bills in Congress and securing more wins for cattle country.

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This is an interesting development. A Political Action Committee involved in the Julie Frye-Mueller/Tim Goodwin legislative primary in 2022 campaigning against Tim Goodwin has taken to the internet to start a campaign against this last weeks’ suspension of Julie Frye Mueller in the South Dakota State Senate.

The “Not One Step” political action committee was started in 2021, as fronted by Anthony Mirzayants, who is noted as being the contact for the South Dakota School of Mines Young Americans for Liberty organization.

According to documents filed with the Secretary of State, this group started back in 2021, initially contributing $695 towards the Taffy Howard for Congress campaign during that initial year, with nearly half of the PAC’s funds – $2000 of $4500 coming from Taffy Howard supporter Luke Blindert.

Sdcfdisclosure Not One by Pat Powers on Scribd

However, those funds were more than doubled in the following pre-primary report with Mirzayants adding another $4000 to the PAC, and Blindert contributing an additional $5000 to PAC funds.

Not One Step PAC by Pat Powers on Scribd

Where did the cash from Mirzayants, Blindert, and the minor donors to the effort go?  $3500 went into direct cash donations to the Bruce Whalen for US Senate campaign and the Cole Heisey State Legislative campaign.

They also filed a later report – and here’s where it gets even more interesting. In the organizations pre-general report (also in the pdf above), the group filed as having made Independent Communications Expenditures in the Julie Frye Mueller/Tim Goodwin primary, spending thousands to go after Goodwin via postcards on COVID, Gun Rights and Spending:

Why is this important to know? Because after defending Julie Frye Mueller’s campaign against Tim Goodwin, the political action committee is back assisting the campaign of Julie Frye Mueller. This time the “Not One Step” Political Action Committee is actively trying to gin up support against the State Senate itself for suspending Mueller while the Senate investigates allegations of inappropriate conduct with an employee:

It’s highly unusual and irregular for an allegedly independent political action committee to involve itself in a disciplinary investigation against an elected official. South Dakota didn’t even see this type of interference attempted during the Ravnsborg impeachment investigation last year.

Which begs the question as to who is holding the leash on this group and Anthony Mirzayants?

And where are the marching orders to attack the members of the State Senate for their vote to suspend Senator Julie Frye Mueller coming from?

I had the pleasure to join the Dakota Town Hall crew on their podcast this week where we discussed (and wildly speculated) what might be happening with the Julie Frye Mueller matter in the South Dakota State Senate, in an episode titled “JFM loses Miss Congeniality”

I joined the hosts Noah Greble, Jake Shoenbeck, and Brad “Murdoc” Jurgensen to talk about what’s going on in the State Senate this week.

If you’re a podcast listener, give it a little bit of your time here: https://open.spotify.com/episode/6CLHxY6JLTn4YIIFa17Qr3?si=k4AyVzARSqWWvGM1Xt_y1g&context=spotify%3Ashow%3A2pJMcjTgHRrkSivcNFw28S

Sounds like Julie Frye Mueller is going to dig her hole a little deeper today. From my mailbox:

IMMEDIATE ADVISORY: Sen. Frye-Mueller to issue staement

Senator Julie Frye-Mueller
(605) 391-1663
mueller4house@gmail.com

MEDIA ADVISORY

FOR IMMEDIATE RELEASE

SENATOR FRYE-MUELLER TO ISSUE STATEMENT ON SENATE ACTIONS

Rapid City, SD (January 27, 2023) – Senator Julie Frye-Mueller will be making a public statement in response to the recent actions by the Senate.

WHAT:          Statement by Senator Julie Frye-Mueller in response to recent Senate actions

WHO:            Senator Julie Frye-Mueller

WHEN:          January 28, 2023, 2 pm

WHERE:       Veterans of Foreign Wars, Post 1273,

420 Main St,

Rapid City, SD 57701

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MEDIA CONTACT

Senator Julie Frye-Mueller
(605) 391-1663
mueller4house@gmail.com

Getting word this morning that Minnehaha county Republicans are holding elections. And in a close race, R. Shawn Tornow defeated Rhonda Milstead on a vote of 48 to 42.

Haugaard ally and convention nominator Jennifer Foss was unchallenged for the vice-chair position.

I will update as more comes in..

*Update*

Tanna Brummet won Secretary, beating Cole Heisey. Which tells you how far right this new crew is, when they reject somebody who was on the stage with the proud boys.

Cindy Meyer running unopposed for Treasurer..

Julie Frye Mueller’s seat mate, Tom Pischke, was nominated by Steve Haugaard for State Committeeman and beat current Committeeman Jim Stalzer on a vote of 65-22.

and bringing up the rear.. for Committeewoman, Vicky Buhr lost with 30 votes versus Melinda Roth at 46.

As one of the members sent a note to me, “Minnehaha County GOP is an absolute dumpster fire. At least you’ll have amusing (tragicomic) material to post for the next 2 years.”

(From my mailbox – PP)

Senate Appoints Select Committee on Discipline and Expulsion

PIERRE—Today, Senate leadership announced details of the investigation into the alleged actions of Senator Julie Frye-Mueller (R-District 30) and Senate appointments to a Select Committee on Discipline and Expulsion.

On Jan. 25, 2023, Senate leadership were notified of an allegation of unprofessional behavior against Senator Julie Frye-Mueller by a Legislative Research Council (LRC) staff member. Because of the seriousness of the allegations, Senate President Pro Tempore Lee Schoenbeck (R-District 5) removed Senator Frye-Mueller from her committee assignments as permitted by Senate Rule S4-1.

On Jan. 26, Senate Republicans received a detailed report from an LRC staff member alleging inappropriate behavior and harassment related to private maternal matters, including childhood vaccines and breastfeeding, which took place in the LRC office inside the State Capitol Building. Senator Frye-Mueller was given an opportunity to speak to the Senate Republican Leadership on Jan. 25. Comments made by Sen. Frye-Mueller in that private discussion are inconsistent with her public statements and the report received from the LRC staff member.

“We thank the state employee for bringing this matter to our attention,” said Senate Majority Leader Casey Crabtree (R-District 8). “Our goal is to create a safe work environment for staff and legislators, and an environment where employees feel safe bringing concerns forward. All allegations of harassment must be taken seriously. There will be due process afforded to all parties as this matter moves forward.”

Senators voted to suspend Senator Frye-Mueller on Jan. 26 pending a full hearing on the merits which Senate leadership plans to commence next week. Since the allegations involve a sensitive personnel matter and formal accusations against a public official, the Senate will determine a procedure that respects the rights of all parties involved and keeps the public informed throughout the process.

The South Dakota Constitution states that “each house shall determine the rules of its proceedings” and “qualifications of its own members.” These rules are adopted in Legislative procedure and this precedence has been affirmed by Gray v. Gienapp, 727 NW2d 808 (SD 2007).

Senator David Wheeler (R District 22) will chair the Select Committee on Discipline and Expulsion that will hear the complaint and make a recommendation to the full Senate. Also appointed to the select committee are Senators Jim Bolin (R-District 16), Sydney Davis (R-District 17), Helene Duhamel (R- District 32), Red Dawn Foster (D-District 27), Brent Hoffman (R-District 9), Liz Larson (D District 10), Tim Reed (R-District 7), and Dean Wink (R-District 29).

The Senate will be asked to adopt the rules on Monday, and the Select Committee intends to provide a report back to the full Senate before the end of the fourth week of the legislative session. Except as provided by South Dakota law, the Select Committee hearings will be open to the public and the final report will be a public record.

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From Twitter:

The results for @GOP RNC Chair race are in. Ronna 111 Harmeet 51 Lindell 4. Congratulations to @GOPChairwoman Ronna McDaniel!

— Dan Lederman (@danlederman) January 27, 2023

Thank god the Pillow Guy didn’t get a sniff of that.

The Senate will be appointing and convening a special committee meeting this next week to deal with the conduct of State Senator Julie Frye Mueller as it allegedly relates to her conduct during an interaction with an employee of the Legislative Research Council.

There’s a lot of speculation going on at the moment because Senators are taking this matter serious enough that there is an information lockdown like no one has ever seen with previous allegations or disciplinary matters. To their credit, they are taking this employee matter very seriously.

What do we know? We know they’re not talking about it. And that the allegations against Julie Frye Mueller are shocking enough to the Senators that they voted 27 – 6 to suspend her and convene a committee. That 6 includes Senator Frye Mueller herself, as well as her physical and ideological seatmate Tom Pischke.

Only 4 others in the Senate voted NOT to suspend the rules, not call the committee, and not suspend her immediately meaning that over 77% demanded that she needs to go NOW.

So where do we go from here?

I noted last night who we might see on the committee.  But what are the options once they meet, and what is the likely outcome?

Next week will likely bring us snippets of the evidence against Senator Mueller, if not the entire thing. It’s an employment related action, so things are a bit more locked down to the public to protect the employee.

According to Senate Rules..

S8-1. Select Committee on Discipline and Expulsion. Any two Senators may by written motion first delivered to the president pro tempore move for the establishment of a Select Committee on Discipline and Expulsion to investigate the conduct of any other Senator. Upon being seconded, the motion is debatable, and passage of the motion requires a majority vote of the members-elect. The Select Committee on Discipline and Expulsion shall be composed of nine members of the Senate. The chair and vice chair of the select committee shall be chosen by the president pro tempore and may not both be members of the same political party. The other seven members of the select committee shall be chosen by the president pro tempore in consultation with the majority leader and the minority leader. The party makeup of the select committee shall be proportional to the party makeup of the Senate.

So, seven members. Republican Chair and Dem co-chair all chosen by the President Pro-Tempore. They will go through a hearing process, with Frye-Mueller likely represented by legal counsel, in a meeting structures like any other Senate Committee hearing. Let’s assume Senator Frye-Mueller did something stupid. (Because, let’s not kid ourselves. This is Julie Frye-Mueller.)    She’s already claimed that she’s being persecuted for “advancing freedom,” and has a history of saying off-the-wall things.

If she’s found guilty of saying stupid things to a Senate Employee, what are the Senate’s options?  Going back to Senate Rules:

S8-7. Select committee report. Any action to expel, censure, discipline, or exonerate a Senator shall be proposed in a select committee report of the Select Committee on Discipline and Expulsion. If the select committee report calls for expulsion, censure, or discipline, the report shall set forth the causes and grounds for which expulsion, censure, or discipline is being recommended by the Senate, and it shall state the particular form of action recommended to the Senate. If the select committee report calls for exoneration, the report shall set forth the reasons why exoneration is appropriate.

S8-8. Procedure in the Senate. Adoption of a select committee report for the expulsion of a Senator requires the favorable vote of a two-thirds majority of the elected members. Adoption of a select committee report for the censure or discipline of a Senator requires the favorable vote of a three-fifths majority of the elected members. Adoption of a select committee report for the exoneration of a Senator requires the favorable vote of a majority of the elected members.

Expel, censure, discipline or exonerate.  If those are the options, what is the likely outcome for JFM?

Exoneration – Requires the favorable vote of a majority of the elected members.

Given the strength of the sentiment in the State Senate, unless there is video of her not doing what she’s being accused of, that’s not going to happen.

Discipline – Requires the vote of a three-fifths majority of the elected members.

Again, there are a lot of people who voted to move this forward based on what they’re not telling us behind the scenes.  I’m kind of doubting they’ll go with this. And it requires the same number of people to vote to punish as….

Censure – Requires the vote of a three-fifths majority of the elected members.

Without knowing the substance of what the accusations are against Senator Frye-Mueller, but being given the impression that they’re bad, I think censure is a strong favorite. It’s more of a formal reprimand, and at least to the public is as strong as an admonishment as they can do, short of…

Expulsion – Requires the vote of a two-thirds majority of the elected members.

This might be a reach too far for all of the legislators who voted to move it forward, unless the conduct was particularly egregious.  There are her allies who would likely argue that it would deny the will of the voters. But, the other side of the sword is that the voters didn’t send JFM to Pierre to be abusive to the legislature’s employees, even though she’s claiming the “advancing freedom” privilege. And that was a pretty strong vote to suspend her.  Well within what they need to give her the boot.

They could vote to expel her, but I think it’s going to have to be bad – really bad – for them to do so.

So what say you? Exonerate, Discipline, Censure or Expulsion?

Let us know what you think is going to happen, and why.