The Watertown Public Opinion has harsh words this weekend for the State Senator representing that town, as they go after their State Senator Neal Tapio:

Republicans Don Brosz, Lee Schoenbeck, Ried Holien and Democrat Nancy Turbak, regardless of their ideologies, had several things in common. They were intelligent, thoughtful and well-regarded.

And…

That changed with the election of Sen. Neal Tapio in 2016.

And…

While there always are legislators who occupy the fringes of reality, Watertown rarely sends one who will be as ineffective as Tapio will be this year.

And…

Most South Dakotans embrace anyone with the fortitude to live here. We see the good in people.

If on occasion, we elect someone who cannot see the good, we correct the mistake at the next ballot box.

Read it here.

Ouch!

From Bob Mercer’s column, former Republican House Majority Leader Brian Gosch is back in Pierre this session:

We haven’t crossed paths yet, but former Rep. Brian Gosch seems to have returned as a lobbyist for the 2018 session.

He formally registered to represent the National Rifle Association.

Read it here

Facebook South Dakota humor page Dakota Posts recently took a poke at State Senator Stace Nelson, referring back to 2014 when he was holed up in the men’s room, and by all accounts was not willing to come out and cast a vote against a gun bill…

It was posted a couple of days ago, and let’s just say after he got ahold of it this morning, Senator Nelson was not appreciative of the humor, as evidenced by the comment section of the cartoon:

And in the case of one long-time Republican activist, Senator Nelson has spent the day getting downright testy with him:

and it continued…

and it continued….

And I’m sure it’s continuing now as I write.

Maybe it’s just me, but I’ve always thought that the people elected to office were supposed to be of sound temperament, and in Pierre to represent their District as the best of their fellow man.  It’s possible we’re not supposed to be questioning why a State Senator is calling people ‘snowflake’ and ‘dumbass’ and attacking their wife and otherwise angrily sparring with people on Facebook starting at about midnight – 1 AM in the morning, and continuing for the next 19-20 hours.

I could be wrong, and that’s just how they talk in church down in District 19. And it gets really bad if you forget to bring a dish to the potluck.  That’s not how they do things in my neighborhood, but that might just be the gold standard in that part of the state.

So, District 19, here’s the tail end of week one of your State Senator representing you in Pierre.

It’s going to be a long session.

Noem Statement on Supreme Court Reviewing Online Sales Tax Collection

WASHINGTON, D.C. – Rep. Kristi Noem today issued the following statement, after the Supreme Court’s announcement that it will review South Dakota’s case regarding online sales tax collection:

“In the wake of today’s announcement, the need for legislative action on e-fairness is more urgent than ever before. If the Supreme Court rules in South Dakota’s favor, it could become a marketplace free-for-all. A South Dakota small business, for instance, could be forced to comply with 1,000 different tax structures nationwide without the tools necessary to do so. My legislation provides a necessary fix.

“The reality is that brick-and-mortar retailers, which provide thousands of jobs in our hometowns, have been closing at an alarming rate. State and local governments are similarly imperiled. Facing budget crises due to out-of-state retailers avoiding sales tax collection, states and localities are forced to raise taxes or consider levying new taxes, even after dramatically reducing spending. My legislation would remove the out-of-state retailer’s competitive advantage and level the playing field for our Main Street businesses. Moreover, it would protect small businesses and citizens alike from aggressive audits by out-of-state governments. The time for action is now.”

In 1992, the Supreme Court ruled inQuill v. North Dakota that states were prohibited from collecting sales taxes from out-of-state online retailers. Individuals were still liable to pay the tax, but it would not be collected at the point of sale. If South Dakota’s case is successful in the U.S. Supreme Court, Quill v. North Dakota will be overturned. As a result, businesses could be immediately responsible for collecting sales taxes from buyers and then remitting it to states. To add to the confusion, this requirement would be determined state-by-state. There would be no infrastructure in place to facilitate these transactions, however, potentially causing a free-for-all.

To put it in perspective, there are more than 1,000 different tax structures nationwide. A small business in South Dakota would need to be able to comply with each of them to sell nationwide – and they’d be subject to audits in each of these jurisdictions. There is software that can help figure these tax rates out, but the business is still liable if mistakes are made and that software could be cost prohibitive for smaller businesses.

Avoiding this free-for-all has been a focus of Rep. Noem’s since she was first elected, and she’s introduced legislation to manage the transition while protecting South Dakota small businesses. More specifically, H.R.2193, the Remote Transactions Parity Act, would:

• Allow states to require remote sellers to collect sales tax from the buyer, according to the taxes owed in the buyer’s location. (essentially legislatively reversing Quill v. North Dakota)
• Require states to provide software (free of charge) to businesses located within their borders. This software would be capable of figuring the buyer’s tax rate.
• The businesses using this software would be largely protected from audit. Instead, it is the software provider that is subject to audits.
• The legislation includes a phase-in period to ensure businesses have time to comply.

###

Candidate for South Dakota Attorney General John Fitzgerald released a campaign video to Facebook today in support of his candidacy:

United States Supreme Court Grants State’s Petition to Review Tax Fairness Case

PIERRE, S.D. – Attorney General Marty Jackley announced today that the United States Supreme Court has granted the State’s petition for a writ of certiorari filed in State of South Dakota v. Wayfair, Overstock and Newegg.

“South Dakota is leading the nation to fight for main street America. As Attorney General, I will give main street businesses a strong and long awaited voice in our highest court,” said Jackley. “I want to extend my appreciation for the support we have received from the 35 Attorneys General, the National Governors Association, educational leaders, and the business community to bring tax fairness for our local retailers and to help support main street businesses.”

Now that the United States Supreme Court has decided to hear the case, the parties will move forward with final briefing. The briefs provide each party with an opportunity to explain to the Court why they should win the case.

Ultimately, the State asks the U.S. Supreme Court to overrule the physical-presence requirement which currently prevents the State from requiring out-of-state retailers to remit taxes for sales made within South Dakota.

In response to encroachments to the right of free speech at Universities around the nations – including South Dakota, where at USD they’ve limited free speech to designated Free Speech Zones, State Representative (and occasional Dakotawarcollege contributor) Mike Clark has introduced legislation to make sure our public universities are places which allow the free exchange of ideas:

HB 1073, introduced by Republican State Representative Michael Clark, aims to ensure “a free exchange of ideas” on South Dakota’s campuses by forbidding “free speech zones” and declaring that any outdoor area of a public college or university campus is a “public forum.”

and..

The bill also seeks to prevent the use of a “heckler’s veto” to interfere with the legitimate of free speech on campus, stating that counter-protests are allowed as long as they do not “materially and substantially prohibit the free expression rights of others on campus, or disrupt the functioning of the institution of higher education.”

To ensure that they are complying with both the letter and the spirit of the law, colleges and universities would be required to produce an annual report for lawmakers and make it publicly accessible on their websites.

and..

“College campuses should promote free speech, freedom of the press, free assembly, and open dialogue and debate,” Clark said, noting that “recently violence and the threats of violence have been used to shut down otherwise peaceful events.”

Read it here.

Great Job Representative Clark – Let freedom ring!

The United States Supreme Court announced today that they’ve granted certiorari to hear South Dakota’s sales tax case and look at whether the Supreme Court should abrogate Quill Corp. v. North Dakota‘s sales-tax-only, physical-presence requirement.

Big news in South Dakota’s long running efforts to collect sales tax on out of state entities who conduct sales within it’s borders.

Ivanka Trump Thanks Noem for Tax Reform Fight

Following a week of news regarding pay and benefit increases that have resulted from tax reform, Ivanka Trump said this of Rep. Kristi Noem’s work on H.R.1, the Tax Cuts and Jobs Act:

“As tax reform was being debated, there wasn’t a conversation I was in with Kristi that she didn’t passionately advocate for working families. Kristi fought hard to secure a doubled Child Tax Credit and to ensure that working families will continue to get a break for child care expenses through the Child and Dependent Care Credit. I’m grateful for Kristi’s partnership and friendship and very much enjoyed working with her to achieve major middle income tax relief.”– Ivanka Trump

Noem worked closely with Ms. Trump in the fight for middle-income families. As a result of their efforts, the Child Tax Credit was doubled to $2,000 per child. Additionally, tax reform eliminated the Child Tax Credit’s marriage penalty.

The Child and Dependent Care Credit (also referred to as “Child Care Credit”) was preserved as a result of Noem’s fight too. As such, families can continue to claim up to $3,000 of child care costs per child, receiving a reimbursement of as much as 35 percent of the qualifying expenses.

For families, these credits offer incredible financial benefits. Last week in Brookings, Noem met with young families who would benefit from the provisions. She explained that the newly enacted tax reform package lowers individual tax rates, doubles the Child Tax Credit, and doubles the standard deduction, meaning the first $24,000 a couple makes is now tax free. If the old tax code was in place, a young couple with three children making $78,000 would owe more than $2,600 in taxes for 2018. With tax reform, their tax bill drops to $99 because of these benefits.

In addition to these tax cuts, many families are also benefiting from pay raises and better benefits. This week, South Dakota-based Great Western Bank announced it would increase the company’s minimum wage to $15 per hour, offer bonuses, and enhance employees’ health care offerings.

Walmart, which employs more than 5,300 people in South Dakota, also announced it would increase its starting wage by $2 per hour, dish out big bonuses, and expand their paid maternity and paternity leave policies.

###

Brown County Woman Sentenced in Elder Abuse Theft Case

PIERRE, S.D. – Attorney General Marty Jackley announced today that Amy Schmidt, 37, Aberdeen, was sentenced yesterday in Fifth Circuit Court to one count of grand theft. Schmidt was sentenced to 5 years in the state penitentiary and ordered to pay restitution in the amount of $7,049.36, along with court costs.

“Schmidt used her employment at a home health agency as an opportunity to financially exploit three elderly victims,” said Jackley. “We are going to continue to do everything we can in South Dakota to protect our seniors from elder abuse.”

This case was investigated by the Aberdeen Police Department and the Brown County Sheriff’s Office and prosecuted by the Elder Abuse and Financial Exploitation Subdivision of the Attorney General’s Office.

-30-