Pro-Life Laws Take Effect in South Dakota on July 1

PIERRE, S.D. – Today, several pro-life laws promoted by Governor Kristi Noem will take effect in South Dakota. July 1 marks the start of the 2022 fiscal year and ushers in several changes to state law.

“The Declaration of Independence summarizes what we all know in our hearts to be true: God created each of us and endowed all of us with the right to life. This is true for everyone, including the unborn,” said Governor Kristi Noem. “I look forward to the day when the Supreme Court recognizes that all preborn children inherently possess this right to life, too. Until that time comes, I am glad that these bills are taking affect to protect the right to life of preborn South Dakota children.”

The pro-life reforms that are becoming law include:

• HB 1110, which bans abortions motivated by a diagnosis of or test indicating the unborn child has Down syndrome;
• HB 1051, which requires doctors to properly protect the life of any child born alive following a failed abortion;
• SB 183, which declares certain surrogacy contract provisions regarding abortion as unenforceable;
• HB 1114, which provides a better definition of “abortion;” and
• HB 1130, which establishes requirements for the presentation of a written statement regarding the discontinuance of a drug-induced abortion.

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Governor Kristi Noem became a grandmother this week with the birth of her first grandchild. From Facebook:

Congratulations to all!

I’ve been out on the road for the past several days trying (and failing) to get a vacation. Aside from getting a few hundred miles away, only having to turn around, I did get to see my aunt who turns 89 soon, who I hadn’t seen in 5 years.

In the back & forth, I did manage to pick up some political items in my travels. One of the items I was really pleased to find (and picked up today) was a South Dakota Item I hadn’t seen before:

Slightly larger than a baseball card, as part of their campaigning, candidates would hand out blotter paper with their information on it, similar to today’s palm cards, with the opposite side being composed of absorbent blotter paper for people to use after they wrote something with a fountain pen (predating ball point pens).

Running out of Pierre, Burke was elected to the South Dakota House of Representatives in 1895 and 1897. He ran for the United States House of Representatives in 1898, won election, and remained in that position through 1907, losing the nomination for the 1906 election, although he won again in 1908 and remained in the House through 1915, serving as Minority whip from 1913 through 1915. In 1914, he received the nomination for the United States Senate seat from South Dakota and chose not to run for reelection to the House. (Via Wikipedia)

Burke actually lost this Senate race, but was later named Commissioner of Indian Affairs in the 1920’s.  And the town of Burke, South Dakota is named for him.

I Can Do Those Things Too!
by State Rep. Trish Ladner

I spent this past weekend working with the Main Street Arts and Crafts Festival in Hot Springs, SD. This Festival has been happening in Hot Springs for the past 44 years and thanks to its dedicated board of directors’ hard work and dedication, this event is showcased within the state as one of the premier events of the summer in South Dakota. This year, after a year hiatus due to the pandemic, over 57+ vendors converged on Centennial Park bringing with them their hand-crafted wares. The excitement and enthusiasm to be back together selling their treasures was palpable. There were vendors from eight states including South Dakota, Colorado, Nebraska, Minnesota, Wyoming, North Dakota, and Ohio. This diverse group of entrepreneurs didn’t let the pandemic stop them. Instead of throwing in the towel and getting discouraged, they spent the last 18 months of isolation refining their designs and producing more inventory. These are true American tradesmen who are proud of their workmanship and were anxious to restart their businesses and their participation in the free enterprise process once again. Ronald Reagan said it best when he said, “Entrepreneurs and their small enterprises are responsible for almost all the economic growth in the United States. We that live in free market societies believe that growth, prosperity and ultimately human fulfillment, are created from the bottom up not the government down.” This weekend proved to be a testimony to just how true his statement was then and continues to be now!

Friday morning found Centennial Park buzzing with enthusiasm from the visitors who couldn’t wait until Friday afternoon for the festival to officially open and arrived early, ready to buy the treasures and custom hand-crafted items they discovered, booth by booth. Visitors to the festival included families from Texas, Iowa, North Carolina, Arkansas, Pennsylvania, New Jersey, Connecticut, and Oklahoma (just to name a few), all anxious to restart the adventures in their lives once again! The festival included something for everyone; A Native cultural presentation, fun activities for the children like building their own birdhouses. and food vendors who served up delicious food , while live music, provided by local musicians, filled the air. One little girl emerged from the crafts tent after building her birdhouse, looked at the vendor’s products as they walked by and said, “Mommy, I can make those things too. Can we buy some nails on the way home?” An entrepreneur is born!

So, why share this event with you? What does all this mean? Today, we are led to believe by “the powers that be”, that a corporate, socialistic society is not only the best option for us as a nation, but is the only option for us going forward. The government will supplement and provide your daily needs … don’t worry! You don’t need to make a way to succeed by the efforts of your hands, or take pride in what you do. All you need to do is behave, and obey the rules and you will receive your monthly stipend that is allotted to all who comply. No thank you!

What I experienced this weekend at this event gave me new vision and as a legislator, renewed by hope in America’s free enterprise system. It is refreshing to remember that we are more alike, than we are different. Most of us, as Americans, want to live free lives independent from the government and create a life that provides for our family’s needs, (and a little more if possible), keep our families safe, and thrive. This weekend gave me a hope for the future for America, and I wanted to share that hope with you.

Wishing you all an amazing 4^th of July this weekend as we celebrate the end of monarchy and tyranny and the rebirth of liberty. Liberty that gives us the freedom to exercise our American qualities – even the freedom to stay at home and barbecue!

Governor Noem Signs Executive Order to Increase Producers’ Access to Hay

PIERRE, S.D. – Today, Governor Kristi Noem signed an executive order declaring a statewide state of emergency for drought conditions and allowing ditch mowing in Eastern South Dakota to begin effective immediately. As drought conditions continue to negatively impact feed availability for livestock across South Dakota, this order will increase access to hay for farmers and ranchers.

“Growing up on the family ranch, I know how difficult it can be to feedcattle during dry times,” said Governor Kristi Noem. “This increased flexibility will allow producers to immediately gain access to hay for their livestock. With a mild winter and early spring, most of the pheasant hatch is well behind us, and we do not expect this move to affect pheasant numbers.  Reports from the field look fantastic for the upcoming pheasant hunting season.”

Executive Order 2021-09 is effective immediately and will remain effective through August 31, 2021.

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Governor Noem Deploys South Dakota National Guard to Texas for Border Security

PIERRE, S.D. – Today, Governor Kristi Noem announced that up to fifty South Dakota National Guard troops are being deployed to Texas to help the secure the border between the United States and Mexico. This is in response to Texas Governor Greg Abbott’s request for help to respond to ongoing violations of state and federal law by illegal aliens crossing the unsecured border.

“The Biden Administration has failed in the most basic duty of the federal government: keeping the American people safe,” said Governor Kristi Noem. “The border is a national security crisis that requires the kind of sustained response only the National Guard can provide. We should not be making our own communities less safe by sending our police or Highway Patrol to fix a long-term problem President Biden’s Administration seems unable or unwilling to solve. My message to Texas is this: help is on the way.”

The initial deployment to the border will last for between 30 and 60 days. South Dakota Adjutant General Jeff Marlette and the South Dakota Department of the Military are working with their counterparts in Texas to finalize the details of this mission. The deployment will be paid for by a private donation.

For operational security reasons, specific names of units, number of members, and mission specifics will not be released.

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Apparently we need interpretive dance and trigger warnings in the building housing the US Constitution and Declaration of Independence, according to a report recently filed by the national archives and reported on by Fox News:

Additionally, the report categorized the National Archives’ Rotunda as another example of “structural racism” as it “lauds wealthy White men in the nation’s founding while marginalizing BIPOC [Black, Indigenous and other People of Color], women, and other communities.”

The task force suggests ways to “reimagine the Rotunda,” including staging “dance or performance art in the space that invites dialogue about the ways that the United States has mythologized the founding era.”

The report also called for “trigger warnings” to be put in place with historical content to “forewarn audiences of content that may cause intense physiological and psychological symptoms.”

“Providing an advisory notice to users gives us an opportunity to mitigate harm and contextualize the records,” the report reads. “It creates a space to share with the public our ultimate goals for reparative description, demonstrate our commitment to the process, and address any barriers that we may face in achieving these goals (i.e., the size and scope of the Catalog and the ever-evolving knowledge we gain regarding what is harmful).”

Read it all here.

Now we need “to contextualize the records” and to have “reparative description” because the founding fathers were just a bunch of “wealthy white men?” And we’re going to fix all that by interpretive dance?

Little wonder why there is a backlash against the goofy left in this country.

I’m hearing early word out of the SDGOP Central Committee meeting this afternoon that the 2022 State Convention has had some alterations, and will be held in Watertown in 2022 after a change of mind of the Republican organization.

I’m hearing it was a robust discussion, along with speeches on both sides, with momentum initially towards keeping it the same in Rapid City, but convincing arguments on having it in Watertown, with people stepping forward to help make it happen, as well as the fairness issue for them being cheated out of this past years’ convention.

After the dust settled, it’s a go for having the convention in the Governor’s hometown area, and everything is full speed ahead.

This sounds more like an off-color joke that would come form my side of the aisle.

But last night in conjunction with the South Dakota Democrats’ big dinner, as part of an on-line auction, they auctioned off a “Bill Clinton humidor” for storing one’s cigars:

Er.. yeah.

Instead of going for the easy joke, you can click here to make a donation to the Childhood Resilience Foundation, of which Monica Lewinsky is a founding board member. There’s a link at the bottom of the page.

 

So yesterday, State Rep. People Pourier was out on Facebook doing some hiring. And made a statement that’s catching some by surprise:

– Outgoing & comfortable speaking to strangers
– Native preference
– Located in Pine Ridge Reservation or Rapid City

In most cases, talking about race in hiring is going to end you up in a civil rights lawsuit, or being pursued by the Equal Employment Opportunity Commission.

But in this case, the answer is a little more complicated, and the Federal Government actually provides for a carve out to allow a racially based preference in some instances. According to the EEOC:

Section 703(i) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(i)(1982), provides an exception to Title VII’s general nondiscrimination principles allowing certain employers under certain circumstances to exercise an employment preference in favor of American Indians.(1) That section provides as follows:

Nothing contained in this title shall apply to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because he is an Indian living on or near a reservation.

The statutory language makes it clear that an employer seeking to avail itself of the Indian preference exception must meet three conditions: (1) the employer must be located on or near an Indian reservation, (2) the employer’s preference for Indians must be publicly announced, and (3) the individual to whom preferential treatment is accorded must be an Indian living on or near a reservation. Neither Section 703(i) nor any other section of the Act, however, defines the terms “Indian reservation” or “near.”

Read that here.

So.. The civil rights act allows “preferential treatment” if an is “an Indian living on or near a reservation.” That’s pretty clear. Ok.. but is Rapid City near for employment purposes under the act?

If you dig into it, in their Q&A, the US Department of Labor also talks about the topic, noting..

My company has facilities across the United States in areas with a large American Indian or Alaska Native population, but these facilities are not near an Indian reservation. Can the company still extend an Indian preference in employment?

No, contractors may extend a publicly announced Indian preference only for employment opportunities on or near an Indian reservation

Read that here.

Pine Ridge would clearly meet what’s allowed in Federal regulations as near.. But.. is Rapid City considered “near?” Well, that’s a good question. Here’s where it gets murky.

The EEOC gives some guidance but stops short of drawing a hard and fast line on what “near” means.  And if you read it, it also discusses what a reasonable commute is for these purposes. Seems like these are the things that generate at least a moderate amount of debate.

At the very least, with a sitting state legislator offering racially based preferential hiring for a statewide ballot measure, there’s a good chance that others with far more knowledge on the topic may take a deeper look at the nuances of what is and what is not allowed.