In reviewing last night’s debate where congressional hopeful Shantel Krebs took a sharp turn at the end and attacked her opponent Dusty Johnson, I did catch that Krebs’ last minute attack wasn’t the only jab thrown.

As part of the debate, Johnson did get in the point that Krebs’ legislative record included over 200 tax and fee increases.  I managed to get the source document they’re relying on for that information, and it’s quite the list:

SHANTEL KREBS
Tax and Fee Increase Summary

Secretary Shantel Krebs served in the South Dakota House of Representatives from 2005-2010 and the South Dakota Senate from 2011-2014.  Secretary Krebs supported multiple tax or fee increases every single year she was in the legislature.  In fact, during that time, Secretary Krebs supported more than 200 Tax and Fee increases on the people of South Dakota. 

Tax or Fee Increase	Bill	Year
Addiction Counselor Trainee Renewal	23	2013
Advertisement of Sale in Newspaper	82	2007
Ambulatory Surgery Center Licensing	36	2009
Amendment of Articles of Incorporation	1069	2009
Amendment to Mine Permit	111	2012
Annual Report	1069	2009
Application for Amended Certificate of Authority	1069	2009
Application for Certificate of Authority	1069	2009
Application for Certificate of Existence	1069	2009
Application for Registered Name	1069	2009
Application for Reinstatement	1069	2009
Application for Renewal of Registered Name	1069	2009
Application for Reserved Name	1069	2009
Application for Transfer of Authority	1069	2009
Application for Use of Name	1069	2009
Articles of Charter Surrender	1069	2009
Articles of Correction	1069	2009
Articles of Domestication	1069	2009
Articles of Domestication and Conversion	1069	2009
Articles of Entity Conversion	1069	2009
Articles of Incorporation	1069	2009
Articles of Merger or Share Exchange	1069	2009
Assisted Living Center Licensing	36	2009
Association Emblem Registration	1069	2009
Barber Exam License	1039	2007
Barber Registration Renewal	1039	2007
Barbershop License	1039	2007
Bed and Breakfast Registration	1040	2009
Billboard Application	1042	2010
Boiler Operation Certificate	38	2006
Bulk Milk Pick-up Tanker	1071	2009
Certificate of Business Trust	1069	2009
Certificate of Cancellation of Business Trust	1069	2009
Certified Addiction Counselor Renewal	23	2013
Certified Copy	1069	2009
Certified Copy – County Reg. of Deeds	96	2011
Certified Copy – County Reg. of Deeds	1130	2012
Certified Prevention Specialist Renewal	23	2013
Chemical Dependency Treatment Facility	36	2009
Clerk of Court Records Search	1058	2012
Constructed Water Use Inspection	1048	2009
Cosmetologist Examination	1041	2007
Cosmetologist License Renewal	1041	2007
Cosmetology Salon or Booth License Renewal	1041	2007
Dairy Fieldman License	1071	2009
Deed Following Execution of Order of Sale	82	2007
Deed Recording	1130	2012
Domestic LLC Amending Articles of Org	1069	2009
Domestic LLC Articles of Organization	1069	2009
Emergency Vehicle Dealer’s License	1240	2008
Emergency Vehicle Dealer’s License – Renewal	1240	2008
Employer Under Child Support Withholding	1099	2012
Esthetician Examination	1041	2007
Esthetics Salon or Booth License Renewal	1041	2007
Farm or Ranch Name Registration	1069	2009
Fertilizer Inspection	115	2013
Filing Bill of Sale	96	2011
Filing Bill of Sale	1130	2012
Foreign Business Trust Application	1069	2009
Foreign LLC Amendment Articles of Org	1069	2009
Foreign LLC Articles of Organization	1069	2009
Funeral Establishment License	19	2007
Funeral Service License	19	2007
Grain Buyer Decal	46	2008
Grain Buyer License Application	46	2008
Grain Buyer License Application	1017	2013
Grower Inspection	1070	2009
Guarantee Fund Administrative Assessment	1069	2013
Highway Patrol	32	2009
Hospital Licensing	36	2009
Initial Campground	1040	2009
Initial Food Service Establishment	1040	2009
Initial Lodging Establishment	1040	2009
Inpatient Residential Hospice Licensure	36	2009
In-state Milk Processing Plant	1071	2009
Instructor License	1041	2007
Intermediate Care Facilities	1077	2007
Interstate Fuel User License	1031	2012
Ionizing Radiation Licensing	36	2009
Large Scale Mine Permit	1048	2009
Licensed Addiction Counselor Renewal	23	2013
Licensed Dealer Online Transfer	1241	2008
Livestock Ownership Inspection	1008	2007
Livestock Ownership Inspection	1058	2008
LLC Application to Reserve a Name	1069	2009
LLC Articles of Merger	1069	2009
LLC Certificate of Existence	1069	2009
LLC Registration of Name	1069	2009
LLC Renewal	1069	2009
Lobbyist Registration	1069	2009
Local (Small) Brand Inspection	16	2013
Location Construction Notice	1048	2009
Lodging, Campground, Food Inspection	1040	2009
Massage Therapy License	1089	2005
Medical Assistant Registration	1035	2006
Milk Distributor	1071	2009
Milk Grader License	1071	2009
Milk Plant Inspection	1071	2009
Milk Plant Reinspection	1071	2009
Milk Receiving Station	1071	2009
Milk Tester License	1071	2009
Milk Transport Tank	1071	2009
Mobile Food Service Establishment	1040	2009
Moped License	1228	2009
Motor Vehicle Licenses	177	2011
Motor Vehicle Registration	1192	2011
Motorcycle Dealer’s License	1240	2008
Motorcycle Dealer’s License – Renewal	1240	2008
Motorcycle License	1228	2009
Motorcycle Safety Education	1078	2005
Nail Salon or Booth License Renewal	1041	2007
Nail Technician Examination	1041	2007
Nail technician License Renewal	1041	2007
Noncommercial Motor Home <6,000 lb	1227	2009
Noncommercial Motor Home 6k – 8k lb	1227	2009
Noncommercial Motor Home 8k – 10k lb	1227	2009
Noncommercial Motor Vehicle	1227	2009
Noncommercial Semitrailer	1227	2009
Noncommercial Trailer	1227	2009
Nonprofit Articles of Amendment	1069	2009
Nonprofit Articles of Incorporation	1069	2009
Nonprofit Articles of Merger	1069	2009
Nonprofit Foreign Certificate of Authority	1069	2009
Nonprofit Foreign Corporation Application	1069	2009
Nonprofit Petition for Reinstatement	1069	2009
Notary Application	1069	2009
Notary Commission	1069	2009
Nursery Stock Dealer	1070	2009
Nurseryman Inspection	1070	2009
Nursing Facility Administrator Inactive Status	1025	2014
Nursing Facility Administrator License	1025	2014
Nursing Facility Administrator Renewal	1025	2014
Nursing Facility Licensing	36	2009
Optometrist Transfer Registration	1036	2006
Order of Arrest Service	82	2007
Out-of-State Milk Processing Plant	1071	2009
Partnership Amendment Foreign Qual	1069	2009
Partnership Annual Report	1069	2009
Partnership Foreign Qualification	1069	2009
Partnership Reinstatement	1069	2009
Partnership Statement of Amendment	1069	2009
Partnership Statement of Authority	1069	2009
Partnership Statement of Merger	1069	2009
Partnership Statement of Qualification	1069	2009
Pasteurization Unit Resealing	1071	2009
Pesticide Registration	134	2008
Phytosanitary Federal Certificate	52	2010
Phytosanitary Field Inspection	52	2010
Phytosanitary On-Site Inspection	52	2010
Phytosanitary State Certificate	52	2010
Plant Fabricating Single-Service Articles	1071	2009
Posting Notices for Real Property Sale	82	2007
Process Serving	82	2007
Process Serving	1069	2009
Public Grain Warehouse License	1017	2013
PUC Regulatory Assessment	24	2011
Real Estate Appraiser National Registry	1031	2011
Recreational Vehicle License	1227	2009
Resident Bighorn Sheep Application	1014	2014
Resident Nurseryman Registration	1070	2009
Restatement of Articles of Incorporation	1069	2009
Sec of State – Insufficient Funds	90	2012
Secretary of State Expedited Service	1069	2009
Secretary of State Other Filing	1069	2009
Secretary of State Paper Filing	1069	2009
Secured Transaction – Manufactured-Home	1069	2009
Secured Transaction – Public-Finance Filing	1069	2009
Secured Transaction Filing	1069	2009
Seed Dealer	1070	2009
Seed Producer	1070	2009
Seedsmen	1070	2009
Sheriff Tax Collection	95	2008
Sign Permit	1281	2009
Subpoena Service	82	2007
Tax Deed Preparation	1079	2013
Temporary Food Service Establishment	1040	2009
Temporary Snowmobile Permit	1027	2007
Township Appeal Filing	1097	2007
Trade Mark Application	1069	2009
Trade Mark Registration	1069	2009
Trailer Dealer’s License	1240	2008
Trailer Dealer’s License – Renewal	1240	2008
Transfer of Reserved Name	1069	2009
Transfer Station	1071	2009
Used vehicle Dealer’s License	1240	2008
Used vehicle Dealer’s License – Renewal	1240	2008
Vehicle Dealer’s License	1240	2008
Vehicle Dealer’s License – Renewal	1240	2008
Vested Right Claim	1048	2009
Veterinary Technical Registration	1112	2008
Water Permit	1048	2009
Water Permit Reinstatement	1048	2009
Water Permit Transfer	1048	2009
Water Recreational Facility	1040	2009
Weights and Measures Inspection	84	2007
Well Driller License	1048	2009
Well Pump Installer License	1048	2009
Wheat Promotional	135	2005
Writ of Execution Service	82	2007
Writ of Partition Execution	82	2007
Writ of Possession Service	82	2007

 

Jackley Pushes Task Forces and More Government, But AG Commission Woefully Out of Compliance

Marty Jackley continues to push for more government boards, commissions, and blue ribbon task forces, but one of three commissions under the Attorney General’s Office is woefully out of compliance with the transparency requirements of South Dakota law.

More specifically, enacted in 2017, SB116 requires “financial statements; audit reports; a list of the members of the board or commission; a schedule of future meetings; public meeting materials that are available before a public meeting; meeting minutes; and annual reports” be made available on the State Boards and Commissions website.

The Law Enforcement Officers Standards and Training Commission under Attorney General Marty Jackley’s office, however, appears to be woefully out of compliance with state law. According to https://boardsandcommissions.sd.gov:

• No Board Members are listed;

• Despite agendas for a February 27-28, 2018, meeting, no minutes have been posted nor has any indication been made that the event was postponed or canceled; and

• No other documents, such as annual reports, have been made available to the public.

“If Marty Jackley’s push for more government boards and commissions was really about building a bridge between the people and Pierre, why would he sidestep South Dakota transparency laws and keep the public in the dark about this commission’s work?” said Justin Brasell, Kristi for Governor Campaign Manager. “The bottom line is that these candidates come at the governorship from two very different perspectives. Even with 134 boards and commissions that he can’t keep track of, Marty Jackley doesn’t think we have enough government. Kristi Noem, on the other hand, believes South Dakota should better use the resources we already have in place and streamline them where possible. Conservatives like Kristi Noem know bigger government isn’t the answer.”

Wow!  Have you caught one of the latest posts from Bob Mercer? In it, he points out the further deterioration of the Dem Base in the state:

Call them the “third column.” Heading into the June 5 statewide election, independent and no-party voters now rank second in 11 counties.

There are more “third-column” voters registered than Democrats in Butte, Lawrence, Pennington, Meade, Custer, Fall River, Brookings, Lincoln and Union counties.

Read that here.

FACT CHECK: Jackley Rhetoric Contradicts Evidence and South Dakota Statute

Jackley claims he had “zero involvement” but Office of Risk Management says he was “briefed” and “allowed to offer input”

In response to questions raised about Marty Jackley’s stalling of a victim’s court-ordered restitution to aid his campaign for governor, the Attorney General claimed he was “not party to this suit, had absolutely no authority over the settlement, and had zero involvement in the settlement terms or negotiation.” (emphasis added)

However, Craig Ambach, director of the state’s Office of Risk Management, told the Argus Leader: “I directed these negotiations, pursuant to SDCL 3-22-11. That statute also requires that the attorney general be consulted.  Pursuant to that statute, the attorney general was occasionally briefed as to the negotiations and the settlement agreement, and was allowed to offer input.” (emphasis added)

Moreover, the settlement resulted from Jackley’s decision to deny Kaiser’s grievance. In a February 2012 letter from Marty Jackley to Kaiser’s lawyer, Marty Jackley writes: “I have had the opportunity to review and consider your correspondence… Based on my review of these materials and further investigation, I am denying your client’s grievance.” It was this decision that prompted the lawsuit in which a jury awarded Kaiser a $1.5 million taxpayer-funded settlement.

“The facts speak for themselves,” said Justin Brasell, Kristi for Governor Campaign Manager. “Marty Jackley’s poor judgement led to a lawsuit that cost the taxpayers more than $1.5 million. He knew it was wrong and tried to silence the victim for his own political gain. The cover up is as bad as the crime.”

So I was watching the debates tonight; Gubernatorial Debate on KELO.. which went about as expected, with neither giving or offering any quarter.

And I flipped to the Congressional debate on PBS. That also went as expected. Pretty low key. The biggest thing for the candidates was not to have any major flubs, and it went that way until about the last 15 seconds of Shantel Krebs’ closing statement.

At the end of her final summary of why voters should choose her, Krebs suddenly and unexpectedly lashed out, coming out of left field & attacking her opponent Dusty Johnson for leaving his position in the Public Utilities Commission to join Governor Daugaard’s staff, and then claiming he wasted taxpayer dollars by using the state plane for “his personal use and personal travel back and forth for work.”

Wait.. whaaat?   Did I miss that, or did the Krebs campaign use the ending few seconds of the PBS debate to directly go hard negative against her opponent Dusty Johnson? I rewound it and watched it again, so I was accurate in the quote above. It was kind of abrupt, and a departure from the congenial tone of the debate.  Yes, she did.

It seems to have the hallmark of one of two things. Either Krebs didn’t think she did so well, and lashed out in desperation. Or it’s an attack that’s been pre-planned for the last week of the campaign and is going to coincide with a volley of negative TV commercials.

This might mark the end of what’s generally been ‘South Dakota nice’ in the Congressional contest.

I guess we’ll find out when we see what’s running on TV this weekend.

*Update* – I haven’t caught it yet, but Troy Jones tells me there has been a negative ad that started airing this morning, with Krebs following up her debate attack in the commercial. I’ll post it as soon as I can catch it.

Dusty Johnson’s campaign for Congress is bringing it home with the most raised in the final report before the primary:

Dusty Johnson Pre Primary Report by Pat Powers on Scribd

The Dusty Johnson campaign raised the most of any campaign this reporting period, outpacing the Krebs campaign just slightly less than a 2-1 basis at $70,549. Johnson spent $253,627, and was going into the last few weeks with $306,392. However, $197,228 of it is already spoken for in money owed by the committee.

Shantel Krebs for Congress’  pre-primary FEC Report is up for the pre-primary reporting period of 4/1/18 through 5/16/18.  While she has cash on hand, her fundraising was just so-so:

Shantel Krebs Pre Primary FEC by Pat Powers on Scribd

Krebs took in a little under $40,000 for fundraising at $39,978. $212,161 went out the door on expenses, leaving Shantel 212,161 to go into the last few weeks with.

Noem Campaign Goes Negative in Final Days

PIERRE, SD: The terms of the Kaiser settlement were negotiated by the Governor’s Office of Risk Management. The Attorney General had no authority over the process, settlement, or final result. The Office of Risk Management has sole authority and control over settlements involving state government litigation – not the Attorney General.

“Attorney General Jackley had no authority over the Kaiser settlement and claims that he delayed the settlement are baseless,” said Jackley for Governor campaign manager Jason Glodt. “Marty Jackley has been a tireless advocate for victims and South Dakota will see through any attempt to detract from his character in the final days of this campaign.”

“This is nothing more than a desperate political stunt orchestrated by the Noem campaign 11 days before the election,” Glodt said. “Congresswoman Noem’s DC funded campaign has been rapidly falling in the polls and is going into attack mode. Noem admitted making a negative campaign commercial featuring the plaintiff  to attack Marty Jackley and we expect other unfounded charges to be made by Noem in the coming days. Now we know why Noem refused to sign the Clean Campaign Pledge.”

Gov. Daugaard To Appoint Judge Mark E. Salter
To South Dakota Supreme Court

PIERRE, S.D. – Gov. Dennis Daugaard announced today that he will appoint Mark E. Salter of Sioux Falls to the South Dakota Supreme Court. Salter is a circuit court judge in the Second Judicial Circuit.

“Judge Salter is a brilliant legal mind, and he will be an outstanding addition to our state’s highest court,” said Gov. Daugaard. “I also appreciate Judge Salter’s leadership of the veteran’s treatment court, and his commitment to new approaches to addressing the problems of addiction.”

Salter will be the 51^st justice in the history of the South Dakota Supreme Court. He will succeed Justice Glen A. Severson, who will retire in June after nine years on the Court. Like Justice Severson, Salter will represent the Second Supreme Court District, which is comprised of Minnehaha County.

“I am honored to have the opportunity to continue my judicial service as a member of our Supreme Court,” Salter said. “I am grateful for Gov. Daugaard’s confidence, and I’m eager to begin serving the State of South Dakota on the Court.”

Salter, 49, was born in Huron and is a graduate of Parker High School. He earned his bachelor’s degree from South Dakota State University in 1990 and was a Thomas Sterling Honor Graduate of the University of South Dakota School of Law in 1993. Following law school, Salter worked for a year as a law clerk in the Third Judicial District of Minnesota.

Salter was commissioned in the United States Naval Reserve in 1993 and entered active duty with the U.S. Navy in 1994. While in the Navy, Salter served in the Judge Advocate General (JAG) Corps as both a prosecuting attorney and a defense attorney. He was released from active duty in 1997 and later served in the active Naval Reserve until 2002. He served as an inactive reserve officer until 2012 when he was honorably discharged with the rank of lieutenant commander.

After leaving active duty, Salter joined the Cutler & Donahoe law firm in Sioux Falls, where he became a partner and focused on civil and business law. While at Cutler & Donahoe, Salter also served for a year as Turner County deputy state’s attorney.

Salter joined the U.S. Attorney’s Office in 2004, where he was the chief of the office’s appellate division from 2009 to 2013. During his tenure he worked with U.S. Attorneys Jim McMahon, Marty Jackley and Brendan Johnson.

Gov. Daugaard appointed Salter as a circuit judge in the Second Judicial Circuit in 2012, and he took office in early 2013. Salter is the presiding judge for the Minnehaha County Veteran’s Treatment Court, and has sat as a temporary justice with the Supreme Court. Salter also serves as an adjunct professor at the USD School of Law, where he previously taught advanced criminal procedure and currently teaches advanced appellate advocacy.

Salter and his wife, Sue, have four children. They are members of Holy Spirit Catholic Church in Sioux Falls.

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From Facebook, Congressional hopeful Shantel Krebs is noting that her candidacy has received the endorsement of Congressman Steve King of Iowa: