From the Attorney General’s office:

Attorney General Explanation Released for Constitutional Amendment Regarding the Ability of Adults to Buy, Sell, or Rent Any Property or Service

PIERRE, S.D. – South Dakota Attorney General Marty Jackley announced today an Attorney General Explanation for a proposed constitutional amendment has been filed with the Secretary of State. The explanation will appear on a petition that will be circulated by the sponsor of the amendment. If the sponsor obtains a sufficient number of signatures, the amendment will be placed on the ballot for the November 2020 general election.

The amendment is entitled “An initiated amendment to the South Dakota Constitution allowing people to buy, sell, or rent any property or service.”

Under South Dakota law, the Attorney General is responsible for preparing explanations for proposed initiated measures, referred laws, and South Dakota Constitutional Amendments. Specifically, the explanation includes a title, an objective, clear and simple summary of the purpose and effect of the proposed amendment and a description of the legal consequences. The Attorney General Explanation is not a statement either for or against the proposed amendment.

AG Statement for Initiated Constitutional Amendment 3.16.2018 by Pat Powers on Scribd

“The full scope and effect of this amendment are unclear and will likely require judicial clarification. Among other things, a court may determine the amendment decriminalizes the possession, sale, or rental of property or services that are currently illegal under state and local laws.”

What was that I was saying the other day?

Freedom to sell pipe bombs and legalization of prostitution consequences of proposed 2020 constitutional amendment

…

So, according to the proposal, if I wanted to manufacture pipe bombs and sell them to 18-year-olds, it appears that according to the measure, I could legally do that, and the state would be barred from cooperating with the federal government to stop me.

Under this proposed constitutional amendment, I’m also reading it to potentially legalize prostitution, brothels, and selling crack.

Told you so.

McGuigan announces suspense of campaign for Attorney General

PIERRE SD – Charlie McGuigan announced his intention to suspend his campaign seeking the Republican nomination for Attorney General at the GOP’s State Convention in 2018. “After careful consideration and consultation with my family, I have decided that the stress of the campaign is not in my health’s best interest,” McGuigan said.

“Over the past year, I have had the opportunity to meet many South Dakotans and discuss the issues with them,” McGuigan stated. “I appreciate the support that has been shown to me across the State and hope the same support and consideration will be shown for my decision to suspend my campaign.”

From the Dusty Johnson for Congress Facebook page, Dusty talks about his position on abortion:

Hughes County Sheriff Mike Leidholt Endorses Jackley for Governor

PIERRE, SD: Hughes County Sheriff Mike Leidholt is one of the 62 sheriffs in South Dakota endorsing Attorney General Marty Jackley’s bid for governor.

“Ask the members of law enforcement across South Dakota why they’re supporting Marty Jackley, and they’ll tell you about his integrity, his leadership and his heart for the men and women who wear the uniform,” Leidholt said. “He’s stood beside us throughout his career as attorney general, and now we’re standing beside him in his campaign to become South Dakota’s new governor.”

Leidholt has been Hughes County sheriff for 23 years, and his experience has placed him in national leadership positions.

“Sheriff Mike Leidholt is a friend and a trusted leader in Hughes County,” Jackley said. “His work ethic and dedication led to his election as president of the National Sheriffs’ Association, and his many years of law enforcement service have earned the respect and admiration of the entire state. I’m humbled to have his endorsement.”

Leidholt’s endorsement video can be watched here:

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Just In: Washington Can Work

By Dave Rozenboom, President, First PREMIER Bank, Sioux Falls, and Chairman, South Dakota Bankers Association 

Amid all the noise, bickering and partisanship in Washington, D.C., something simple—and yet remarkable—just took place in the U.S. Senate. It’s something that everyone in South Dakota should know about and celebrate.

A bipartisan group of senators—16 Democrats and one independent, plus all Republicans present—voted to pass the first set of substantial reforms to our nation’s financial system since 2010. We have seen very few successful bipartisan policy bills on Capitol Hill in recent years. The process that led to this one heralds a possible return to a spirit of compromise and cooperation.

The bill that cleared the Senate was the result of multiple hearings, broad stakeholder input, and thoughtful negotiations between lawmakers of differing parties and views. In other words, the Senate returned to its constitutional roots, and the American people are the beneficiaries.

As Senate leaders work with the House to get this bill to the president’s desk for his signature—South Dakotans should be thanking the lawmakers who made it happen, especially Senators Mike Rounds and John Thune. Their support was critical to moving this legislation forward.

We thank Sen. Rounds, who co-sponsored the legislation, successfully staking out the middle ground and helping build support for the overwhelming majority this bill secured. He is showing that Congress can get things done when lawmakers of different parties put aside politics and work together to solve real problems.

And we also thank Sen. Thune, who supported this bill on the floor and ignored the barrage of false claims from critics who would prefer to never improve rules that clearly weren’t working as intended.

Why should voters in South Dakota care about this unusual moment of unity? Well, the bill is full of commonsense, targeted regulatory reforms that will help South Dakota’s banks better serve our customers and communities. It will open doors of opportunity for Americans.

For example, the bill makes tangible improvements that will streamline the mortgage process and free up credit to help banks get deserving borrowers into new homes with the right kind of mortgage. It will help small business owners get loans to expand and hire more employees. And it will help bankers devote more time to front-line customer service, rather than spending hours each day working to comply with federal regulations that were supposed to apply only to far bigger, more complex banks. Importantly, regulators agree these changes can take place while still preserving safety and soundness.

Consumers, business owners and bankers have been saying for years that there are too many regulatory impediments to growth in their communities. The 67 senators who voted for this bipartisan compromise deserve credit for listening and responding. Their support for this bill will help fuel economic growth and job creation in communities across the country.

Our country has many other challenges ahead. If bipartisan action can produce meaningful changes to our financial regulatory architecture—especially in a way that helps South Dakota—there is no reason that Congress cannot tackle other tough issues as well.

We look forward to the House building on the solid bipartisanship that achieved this important victory in the Senate, and the President signing this into law soon. And thanks again to South Dakota’s senators for leading the way and showing that Washington can still work on behalf of the American people.

About the South Dakota Bankers Association

The SDBA is the professional and trade association for South Dakota’s financial-services industry. Established in 1884, the SDBA’s mission is to help provide banks the opportunity to be the preeminent providers of financial services in the state. For more information about the SDBA visit www.sdba.com.

Delegation Presses Veterans Affairs Secretary on Future of Hot Springs Facility

WASHINGTON — U.S. Sens. John Thune (R-S.D.) and Mike Rounds (R-S.D.) and U.S. Rep. Kristi Noem (R-S.D.) today sent a letter to U.S. Department of Veterans Affairs (VA) Secretary David Shulkin expressing continued concern with the VA’s misguided intention to realign services within the VA Black Hills Health Care System and halt any associated reduction in services at the Hot Springs facility until a national review of the VA’s footprint and delivery of care is completed. The delegation also requested that the secretary consider designating Hot Springs as a post-traumatic stress disorder Center of Excellence and encouraged him to visit the facility.

“In order to restore confidence within the veteran community and uphold our solemn commitment to their care, we ask that you support steps to remediate the decline in quality factors at the Hot Springs VA, as well as consider its designation as a Post-Traumatic Stress Disorder Center of Excellence,” the delegation wrote. “The success stories of the Hot Springs domiciliary program speak for themselves, and we ask that you visit the campus to see first-hand the environment of healing fostered in Hot Springs. We believe a visit to Hot Springs would also prove informative as you contemplate the broader question of realignment, and we would be happy to help facilitate a meeting with local stakeholders.”

In May 2017, the delegation met with Secretary Shulkin in Washington, D.C., and encouraged him to reverse former VA Secretary Robert McDonald’s decision to realign services within the Black Hills.

Full text of the letter can be found below.

Dear Secretary Shulkin,

We write to request an update of your review of the Department of Veterans Affairs (VA) footprint and transition to a quality and outcome-based system.  When you met with the South Dakota Congressional delegation last May, you discussed shifting to a quality-based system that would maintain services at facilities with top patient outcomes, while relying on community care in instances where the VA is not adequately meeting veteran needs.  Accordingly, you said you would review the previous administration’s Record of Decision concerning the realignment of services within the VA Black Hills Health Care System and halt any associated reduction in services at the Hot Springs VA until you completed a national review of the VA’s footprint and delivery of care.  We would like to reiterate our support for the tremendous care provided by the Hot Springs VA and again express our concern that the VA’s misguided intention to realign services will deny veterans the care they have selflessly earned, especially those in inpatient post-traumatic stress and addictive disorders services.

As we discussed, the VA Strategic Analytics for Improvement and Learning Value Model (SAIL) data first released byUSA Today on December 7, 2016, indicated the Hot Springs and Fort Meade VAs were two of only 16 five-star facilities in the third quarter of 2016.^[1]  The Hot Springs VA was also one of 14 that was also rated a five-star facility in the fourth quarter of 2015.  We believe that this stellar performance should have given the VA pause before signing the Record of Decision to significantly reduce the services there.  Unfortunately, subsequent quality of care ratings downgraded the Hot Springs VA to a four-star facility on September 30, 2016, and to a two-star facility on September 30, 2017.^[2]  We are concerned that this precipitous drop was a direct result of the continued uncertainty surrounding the facility’s future and subsequent hiring challenges, which have persisted at the hand of the VA.

In order to restore confidence within the veteran community and uphold our solemn commitment to their care, we ask that you support steps to remediate the decline in quality factors at the Hot Springs VA, as well as consider its designation as a Post-Traumatic Stress Disorder Center of Excellence.  The success stories of the Hot Springs domiciliary program speak for themselves, and we ask that you consider visiting the campus to see first-hand the environment of healing fostered in Hot Springs.  We believe a visit to Hot Springs would also prove informative as you contemplate the broader question of realignment.

We appreciate your continued engagement on this matter and look forward to continuing the discussion on how we can best provide for our veterans.

Sincerely,

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Jackley Created Statewide Internet Crimes Against Children Task Force

PIERRE, SD: As US Attorney, Marty Jackley created a stand-alone Internet Crimes Against Children Task Force (ICAC) in South Dakota with an ICAC grant issued by the US Department of Justice in 2007.

Prior to 2007, South Dakota was an affiliate unit of the Minnesota ICAC Task Force.  As a result of Jackley’s efforts, South Dakota now has a stand-alone ICAC Task Force that is no longer under the authority of Minnesota.

An April 2005 Minnesota Senate bill summary that explains the mission of the Minnesota ICAC notes, “We also have the Department of Criminal Investigation for the state of South Dakota overseen by our task force.”

The summary includes an Office of Juvenile Justice and Delinquency Prevention map of statewide ICAC task forces then in existence, which is attached below.

“I applaud Marty Jackley for his efforts to create a stand-alone ICAC Task Force for South Dakota,” said Kendall Light, South Dakota’s ICAC Commander in 2007.  “The stand-alone SD ICAC Task Force has given our state more flexibility in charging decisions, including mandatory sentences for sexual predators, and additional resources to work with our federal, state, and local investigative partners.”

A Department of Justice press release from October 15, 2007 announced the creation of the new South Dakota ICAC Task Force.

The DOJ release states, “The Department of Justice announced today that 13 new state and local law enforcement agencies will receive more than $3 million to form Internet Crimes Against Children (ICAC) task forces in their regions.”

“The creation and recognition of our own stand-alone South Dakota ICAC Task Force has provided our law enforcement officers with more freedom and ability to protect our kids in South Dakota,” Jackley said.  “The true heroes in the ICAC Task Force are the men and women in uniform that run these important operations. I also appreciate the efforts of Governor Bill Janklow, Sheriff Mike Milstead and others who were involved in getting funding to establish initial operations for internet crimes against children in our state.”

Jackley is also leading the national fight to protect children as Chair of Project Child Rescue with Virginia Attorney General Mark Herring.  Project Child Rescue is an ambitious new campaign to locate and rescue children from sexual exploitation and trafficking.

The application submitted by Jackley to create the South Dakota ICAC Task Force affiliated with the Department of Justice, which includes a Memorandum of Understanding, can be found here.

Also attached is an email showing Jackley’s efforts to create a stand-alone ICAC program in South Dakota. Initially Jackley’s request to DOJ was not accepted and was limited to a joint South Dakota and North Dakota recognized ICAC.  However, after continued efforts by Jackley, South Dakota was recognized as its own stand-alone ICAC Task Force in October 2007.

South Dakota Department of Justice ICAC statistics from 2007, the year the stand-alone South Dakota ICAC Task Force began, through the end of the year 2017 are available upon request.

De Smet Welcomes Jackley for Economic Development Round Table

DE SMET, SD: South Dakota Attorney General Marty Jackley met a packed room at the De Smet Event Center Wednesday for an economic round table focused on housing, workforce and economic development needs in the area.

“Marty didn’t come to De Smet to give a speech, he came to have a conversation,” said Economic Development Director of the De Smet Development Corporation Rita Anderson. “We were excited that Marty cared enough to visit us to learn about our needs in Kingsbury County, and we’re grateful for the opportunity to showcase our community. When we were finished, one person walked up to Marty and told him he had her vote because she liked his team approach to problem solving.”

The crowd included business, county and local leaders from across six different South Dakota towns, and topics ranged from workforce and training needs to EMT shortages and nursing home space.

“These events are invaluable to me as an attorney general and candidate for governor because people are candid about what they would like to see in their state leaders,” Jackley said. “The people of De Smet, Arlington, Bruce, Lake Preston, Wolsey and Watertown gave me great advice and direction about how we can move our hometowns forward, and I appreciate their support.”

Jackley finished the day in Brookings, where he toured the city’s hospital system and met with College Republicans at South Dakota State University.

“We’re going to organize as many economic round tables as we can,” Jackley said. “Meeting South Dakotans, hearing their stories and seeing the state from their own perspective makes our entire team stronger, and we look forward to returning to De Smet in the future.”

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FACT CHECK: Despite Claim, Jackley Didn’t Create Internet Crimes Against Children Task Force

In Marty Jackley’s first television ad, voters are told the candidate “created the Internet Crimes Against Children Task Force.” The Task Force, however, was created under the Janklow administration, nearly a decade prior to Jackley being appointed Attorney General.

“In July 2002, Internet Crimes Against Children (ICAC) was created under BIT [Bureau of Information and Telecommunications Agency] and then was moved in May 2003 to the Attorney General’s office,” explains the minutes from a June 2004 BIT agency review committee meeting. Jackley was not appointed as Attorney General until 2009.

By 2005, the ICAC was producing results. According to the 2007 South Dakota Legislative Manual, the Internet Crimes Against Children Task Force reported performing 2,100 exams on 381 items, viewing 5.6 million image files, and completing 107 reports in 2005 – still, several years prior to Jackley’s tenure as Attorney General.

ICAC received taxpayer support as well. In 2002, the Task Force received a $1 million Internet Child Safety grant from the U.S. Department of Justice, which was to be “used by the Internet Crimes Against Children enforcement unit (ICAC) that Janklow started….” In FY2007, the South Dakota Office of The Attorney General was awarded a $250,000 federal grant in support of the ICAC. In FY2009, the Task Force received additional support from taxpayers, winning a $210,000 grant for the South Dakota Office of The Attorney General to “continue to operate its Internet Crimes Against Children (ICAC) Task Force.”

“Marty Jackley needs to correct the record,” said Justin Brasell, Kristi for Governor Campaign Manager. “Voters deserve to have honest and accurate information. Clarifying the facts on this claim would be a good first step.”

For those who are interested, Republican congressional hopeful Shantel Krebs is on the campaign trail this coming Monday in Brookings and Flandreau: