From my mailbox:

 

SDFRW announces resolution calling on the United States Congress to maintain the size of the Supreme Court at nine justices.

Our Founding Fathers created a government of three branches, each checking the other two, each checked by the other two. The Legislative was tasked with creating law, the Executive with executing law, the Judicial with interpreting law.

Unfortunately, the lines between branches have become muddled at times. The Supreme Court has legislated from the bench – going beyond merely interpreting laws to actually creating them. Consequently, politicos began seeking to control the Court’s makeup and thereby to control the Court itself.

After three justices were appointed during President Trump’s term, the Democrat Party screamed for an increase in the Supreme Court’s membership. By appointing a slew of Left-leaning justices, Democrats intended to dilute conservative votes and force rulings that further a liberal agenda.

On January 17, 2023, protesting such manipulation and gross distortion of our system of government, the South Dakota Federation of Republican Women’s executive committee passed a unanimous resolution asking Congress to maintain the size of the Supreme Court at nine justices.

From KEVN, former Republican Legislative candidate Bud May has had his sexual assault charge from late last year dropped, due to the witness not cooperating:

Former district 27 house candidate had his sexual assault charge dismissed in court Tuesday. https://t.co/HOXidA2QjU

— KEVN Black Hills FOX (@BlackHillsFOX) January 18, 2023

(Click on the link to read the entire story)

May is the son of current State Legislator Liz May.

**Update**

The case might not be done, according to the story in the Rapid City Journal:

The case will be dismissed without prejudice, which means it could be brought against May again should the woman decide to cooperate with prosecutors.

Read that here.

Carl Perry just dropped a bill, House Bill 1083, which modifies the amounts required for proof of financial responsibility for the future for motor vehicles.  In reading it, I can’t help but wonder if he bothered to discuss his master plan with anyone in the insurance industry. Because it seems … well, dumb for a few reasons.  The bill is as follows:

An Act to modify the amounts required for proof of financial responsibility for the future for motor vehicles.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 32-35-2 be AMENDED:

32-35-2. The term, proof of financial responsibility for the future, as used in this chapter, means proof of ability to respond in damages for liability, on account of accidents occurring after the effective date of the proof, arising out of the ownership, maintenance, or use of a vehicle of a type subject to registration under the laws of this state, in the amount of twenty‑five following amounts:

(1) Seventy-five thousand dollars because of bodily injury to or death of one person in any one accident;

(2) Subject to the limit for one person, in the amount of fiftyseventy-five thousand dollars because of bodily injury to or death of two or more persons in any one accident; and

(3) in the amount of twenty‑fiveSeventy-five thousand dollars because of injury to or destruction of property of others in any one accident.
Wherever used in this chapter, the terms, proof of financial responsibility, or, proof, are synonymous withhave the same meaning as given to the term, proof of financial responsibility for the future.

Read that here.

The first thing that jumped out to me was the limit.. Seventy-five?  During my years as an SD Division of Insurance employee, and throughout my time (now six-years) as a property insurance claims manager, I have never seen a policy with 75/75 limits. It’s a weird amount, and nobody currently writes it. Everyone has policies with $25,000/$50,000 limits (25/50 for short.) 50/100 limits, and 100/300.  No one out there has 75/75. Which means that every company offering covering auto insurance in the state will now have to draw up and file new rates and forms. Every company. Could they even get those filed and approved with the DOI by July 1?

The Bodily Injury/Death limit for two or more people is capped at 75K, the same limit as one person. This is just poorly drafted, and makes even less sense.   If insurance coverage for one person for “bodily injury to or death of one person” was inadequate at 25k, so we needed to raise it to 75k, why would we have the same limit for two or more people at 75k.. which is $37.5k each.  If we would have to have such a drastic increase from $25k to $75k for one person, why is the multiple-person coverage increase from the $25k each that’s currently in existing law just a pittance?  It’s a proposal designed for for single passenger injury accidents, but not so great for anyone driving with anyone in their car.

If we continue to have problems with uninsured motorists at 25/50 coverage, what is tripling the amount of coverage (along with a significant increase of cost) going to do? Obviously, make it more expensive, so even more people decide to skip the coverage.  And here’s the figure to look at, because South Dakota actually doesn’t do a bad job here.

According to the Insurance Research Council, in 2019, South Dakota had 7.4% of our motorists estimated to be uninsured, placing us at a rank of of being the 41st in the nation for uninsured drivers.   According to this study, on a percentage basis, we are in the top ten of the least uninsured drivers at this time.  Why would we want to put insurance farther out of reach?

Even worse, what does this bill propose to do to us?  Perry’s bill to take South Dakota to 75/75/75 would actually move our minimum liability limits to being the highest in the country.  Higher than California (15/30). Higher than Massachusetts (20/40). Higher than Texas (30/60). And even higher for one-person accidents than Alaska (50/100). You can review the chart of state minimums (current as of 10/22) here.

Sorry, but House Bill 1083 is just an awful idea. The only things that this measure would do would be to raise rates for all consumers, make it tougher to get insurance, and actually raise the number of uninsured motorists in the state.

As an old insurance agent once told me, if we could legislate responsibility, then we would have no drunk drivers, unintended pregnancies, or need for a Division of Child Support.

But legislators seem to think they can do so with auto insurance, so here we are.

Referring back to the Convention of States group that vowed to spend millions in South Dakota this next election to beat incumbents, I notice a bill has been introduced calling for a convention of states to amend the constitution..

House Joint Resolution 5002: Applying to the United States Congress under Article V of the United States Constitution to call for a convention for proposing an amendment establishing congressional term limits.

Read that here.

We’ll see how far that goes in the Senate.

As promised last month, House and Senate Leadership filed a legislative measure to prevent outgoing legislators from taking a Hawaiian vacation on the taxpayer’s dime, after outgoing Speaker of the House Spencer Gosch did just that, and signed off on trips to Hawaii for himself after losing the primary and for State Rep. Jamie Smith who was running as a Democrat for Governor after both knew they would not be returning to the State House this January.

Senate Bill 68 provides that “The executive board shall decide whether to approve out-of-state travel and costs incurred by a member during the second year of the member’s legislative term, if the member is not eligible for reelection to the next legislative term.”

 

Flags at Half-Staff at State Capitol in Honor of Former Senator Richard M. Kelly

PIERRE, S.D. – Today, Governor Kristi Noem ordered that flags be flown at half-staff at the State Capitol from sunrise until sunset on Wednesday, January 18, in honor of former state Senator Richard M. Kelly. He served in the South Dakota State Senate from 2002-2006.

Funeral services for former Sen. Kelly will take place at 11am on Wednesday, January 18, at First Baptist Church, 1401 S. Covell Avenue, Sioux Falls, SD 57105.

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Johnson Named to Agriculture, Transportation & Infrastructure Committees

 Washington, D.C. – Today, U.S. Representative Dusty Johnson (R-S.D.) announced his committee assignments for the 118^th Congress. Johnson will serve on the House Committee on Agriculture and the House Committee on Transportation and Infrastructure.

“It’s an honor and privilege to serve on the House Agriculture and Transportation and Infrastructure Committees,” said Johnson. “These two committees are vital to South Dakotans’ livelihood and the state’s economy; I’m proud to give South Dakota a voice at the table. The Agriculture Committee has a Farm Bill to reauthorize this year. I’m looking forward to getting to work – there’s a lot to do.”

The 118^th Congress marks Johnson’s third term on the Agriculture Committee and his second term on the Transportation and Infrastructure Committee.

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From Presentation College, the small Aberdeen based college will be shutting down operations after their summer 2023 session:

Presentation College will not enroll students for the 2023-24 academic year and will cease educational operations at the Aberdeen campus after the Spring and Summer 2023 sessions. Presentation College remains fully accredited. Read the full announcement presentation.edu/announcement and bookmark this page for information about Teach-Out plans.

—

When will PC officially close?

For most programs the Spring 2023 semester will be the final semester offered by PC. The College will, however, continue the Practical Nursing program through August 2023. After that time, all PC educational operations will cease. Finally, the College will wrap up records transfer and complete state and national requirements.
Will there be a Class of 2023 Commencement? Will my degree from Presentation College be considered valid?

Absolutely! Presentation College is looking forward to hosting the Spring 2023 Commencement Exercises on May 6, 2023. Furthermore, all degrees conferred by the College at any time will always be valid because Presentation College remains fully accredited and will remain so until it ceases educational operations. Furthermore, PC is making arrangements to ensure that transcripts and other educational records will be available indefinitely to students and alumni through St. Ambrose University (SAU) as well as the National Student Clearinghouse (see below).

Can students continue to live on campus until PC closes? What will be the final date to move out of the residence halls?

Current students will be allowed to continue living in the suites until August 15, 2023, in order to complete classes, internships, or work requirements. Students will be required to pay the standard rental rate through their stay, follow all policies and guidelines outlined in the housing agreement, and complete the standard checkout procedure upon departure.

and..

What should I do if a news reporter contacts me about the College’s announcement?

You are never obligated to talk with a reporter or the media. Please direct reporters to the President’s Office, to questions@presentation.edu or 1-800-437-6060. You can also direct them to the Q&A pages on presentation.edu.

Read the Q&A about the college closing here.

A bit of a blow to the Aberdeen area job market.  And not a good thing for the students either.  Estimates have it at 800 undergraduate students, about half of Augustana University, and a little more than half of Sioux Falls College. It will be interesting to see how the students are absorbed.

Universities have been feeling the heat on enrollment since the outbreak of COVID, sliding for five consecutive semesters. It’s not a new thing, as enrollment had been on a downward trend for a number of years, but the pandemic kicked it into high hear.

It’s pretty understandable as students leave home and seek to spread their wings. My own son who was a COVID high school senior went from being cooped up in a bedroom doing school, to being cooped up in his dorm at college.. and he decided seeing the world in the Navy was a more attractive option.

Losing an entire college with all the jobs and the economic impact to the community of Aberdeen is going to sting. Thankfully, they still have Northern State, but the community is going to feel the impact and the void left by their departure.

Gov. Noem Announces Bill to Eliminate Sales Tax on Groceries

 PIERRE, S.D. – Today, Governor Kristi Noem, Representative Mary Fitzgerald, and Senator John Wiik announced HB 1075, which will deliver the largest tax cut in South Dakota history by eliminating the sales tax on groceries. This proposal would put $102 million back in the pockets of South Dakotans.

“I’ve visited dozens of grocery stores across South Dakota in recent months, and every time, I meet South Dakotans who are shocked by the rising cost of food,” said Governor Kristi Noem. “They need relief – and we can afford to give it to them.”

In the last 2 years, the Consumer Price Index for “food at home” has risen 19%. This tax cut will counter that inflation in a direct and transparent way – consumers will see the impact on their receipt every time they go to the grocery store.

“Eliminating this tax will make it easier for South Dakota families to make ends meet, including my own kids and grandkids,” said Rep. Mary Fitzgerald. “As a former appropriator, I am confident that our state budget can afford this while still planning conservatively and responsibly for the future.”

A majority of states have cut major tax rates since January 1, 2021. South Dakota is an outlier as one of only 3 states that fully tax food.

“We hear a lot from special interest groups in the Capitol every year, but it’s time that we lobby on behalf of the taxpayer,” said Sen. John Wiik. “As we continue to shatter our state’s revenue records, legislators must ask ourselves, ‘how much is enough before we finally give it back to the people?’”

So far this fiscal year, ongoing general fund collections are up $146 million above the legislative adopted level. Governor Noem’s budget projects that this number will increase to $203 million by the end of Fiscal Year 2023, and her budget projects an additional $33 million in ongoing revenue growth in Fiscal Year 2024. With an additional $75 million in ongoing revenue available for last fiscal year, the state will still see $208 million in ongoing revenue even after this tax cut.

“Even with conservative projections for future revenue growth, we can afford this tax cut,” said Jim Terwilliger, Commissioner of the Bureau of Finance and Management. “The Governor has consistently provided large funding increases to schools, medical providers, state employees, and other groups. This proposal adds a group that is too often ignored – South Dakota taxpayers.”

The bill was introduced with 10 cosponsors, including 6 in the House and 4 in the Senate. The tax cut will not impact sales taxes collected by cities.

Governor Noem discussed eliminating the grocery tax in her State of the State Address; you can find those remarks here.

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As I was working on a few items related to the installation of the SDGOP’s installation of a new chairman, it jogged my memory regarding the fact that South Dakota Democrats have little more than a month to go for their own party elections in Oacoma next month:

It’s going to be interesting to watch, as I was relating back in November, current chairman Randy Seiler has already announced that he will not be holding the hot potato of Democrat Chairmanship anymore:

SDDP Chairman Randy Seiler chose not to challenge his friend Marty Jackley for attorney general, allowing Jackley to return to his old job without a contest. Seiler plans to retire, leaving the state party in flux yet again.

Read that here.

Republicans had expressed interest in the GOP chairmanship long before 30 days out. Yet, over in the ‘D’ league, Randy Seiler let it be known in early November that he didn’t plan to run again, …and the number of Democrats who seem to be looking at the job is zero. Zip. A null value.

It doesn’t come as a complete shock, with Seiler left the job as Vice Chair in late 2019 to right the ship after the prior chair, Paula Hawks and her Executive Director Stacey Burnette abandoned and literally ran away from the Democrat Party within 4 months of taking office in the face of a financial disaster. This was after a multi-year effort by Hawks to take the reins from prior chair Ann Tornberg, making plans to challenge her leadership of Democrats starting in 2017, and then doing so in March of 2019.

Not to belabor the point, but as Paula Hawks quickly found out, the wrong person in charge can leave you in a fairly disastrous situation. And it doesn’t seem like anyone is eager to line up to be the next Ann Tornburg.