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.

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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.

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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.

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Noem Urges VA to Pull Aside Curtains, Allow Ft. Meade Chapel’s Stained Glass to Show

WASHINGTON, D.C. – Rep. Kristi Noem wrote a letter to Veterans Affairs Secretary David Shulkin this week, urging him to pull aside the curtains and allow the Christian-themed stained glass within the Ft. Meade hospital’s chapel to shine through.

“The VA’s policy regarding religiously neutral spaces has the effect of obscuring the cherished windows within the Ft. Meade hospital’s chapel for a majority of those who visit,” said Noem. “While I understand our veterans come from diverse backgrounds, many South Dakotans have shared concerns with me about the chapel’s windows being covered. There seems to be a commonsense, alternate path forward. Rather than keeping the windows continuously covered, only opening the blinds when a service is occurring, the windows should be left uncovered as a matter of course, with the option to cover them should a religiously-neutral space be requested. Let’s pull aside the curtains and let this cherished stained glass shine through.”

The Veterans Health Administration’s Directive 1111 requires that VA facilities’ chapels be “religiously neutral, reflecting no particular faith tradition” at all times, unless a religious service is occurring. In the case of chapels that were built with permanent religious symbols in the walls or windows, like Ft. Meade, a separate religiously neutral room must be designated. It was decided that Ft. Meade would comply with Directive 1111 by instituting a policy whereby the windows are covered with blinds or curtains, except when a religious service is in process. This policy ostensibly ensures a consistently religiously neutral space, save for occasions dedicated specifically for religious services. Unfortunately, the policy also has the effect of obscuring the cherished windows for a majority of those who visit the chapel.

In her letter, Rep. Noem proposes that the windows be left uncovered as a matter of course, with the option to cover them at any time, using the existing blinds and curtains, should a religiously-neutral space be requested. This solution could respect the desires of most chapel visitors for the windows to remain uncovered, while ensuring a religiously neutral space, when appropriate.

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January 11, 2018

Dear Secretary Shulkin,

Thank you for your efforts, and those of the entire Department of Veterans Affairs (VA), to ensure our country lives up to the promises it has made to our veterans. I write to you today to make you aware of an issue that has been of concern to many of my constituents for several years.

The Fort Meade VA Medical Center is located in Veterans Integrated Services Network 23, and is one of two VA medical centers in western South Dakota. It serves veterans from across South Dakota, Nebraska, North Dakota, Wyoming, and Montana. While the Ft. Meade hospital obviously serves veterans’ physical ailments, it also serves their spiritual needs, especially in its chapel facility.

The chapel features two permanent stained glass windows – one interior and one exterior – that display Christian themes. These windows are visually impressive and have considerable value to those who visit the chapel regularly. Indeed, I understand one of the windows, which is approximately 30 years old, was a gift from several veteran organizations that raised money for its installation. Unfortunately, since 2014, these windows have been largely obscured in an effort to comply with Veterans Health Administration (VHA) Directive 1111, published in 2016.

As you know, Directive 1111 requires that VA facilities’ chapels be “religiously neutral, reflecting no particular faith tradition” at all times, unless a religious service is occurring. In the case of chapels that were built with permanent religious symbols in the walls or windows, like Ft. Meade, a separate religiously neutral room must be designated. I am told space is at a premium at Ft. Meade, so no separate religiously neutral space can be offered.

I understand that Ft. Meade’s leadership, in conjunction with the national VHA, decided to comply with Directive 1111 by instituting a policy whereby the windows are covered with blinds or curtains, except when a religious service is in process. This policy ostensibly ensures a consistently religiously neutral space, save for occasions dedicated specifically for religious services. Unfortunately, the policy also has the effect of obscuring the cherished windows for a majority of those who visit the chapel.

In discussions with some who utilize the chapel facility at Ft. Meade, it has come to my attention that this policy may be objectionable to many of the veterans served there. Chapel patrons seem to prefer leaving the windows visible and accessible for visitors. To accomplish that end, I believe there may be an alternative path forward: the windows may be left uncovered as a matter of course, with the option to cover them at any time, using the existing blinds and curtains, should a religiously-neutral space be requested. This solution could respect the desires of most chapel visitors for the windows to remain uncovered, while ensuring a religiously neutral space, when appropriate.

While much thought and discussion has gone into the current policy at Ft. Meade, I respectfully urge you to respond to my constituents’ concerns by considering the alternative I have proposed.

Thank you for your assistance. If you have questions, please contact my office at 202-225-2801.

Sincerely,

Kristi Noem

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Lora Hubbel apparently can’t stop being Lora Hubbel.

That includes the ugly side she exposes which highlight why she should never be elected to office.

If you’ll note her new comments on a story by Lakota Country Times about her attack on Democrat State Senator Troy Heinert…:

Hubbel was lambasted by Native Americans who took offense to the tone and implication of Hubbel’s post. Pat Powers of the South Dakota War College called on Hubbel to exit the race. Hubbel would continue in the post saying that she is not a racist and that the choice of Bruce Whalen, an Oglala Lakota citizen, as a running mate was further evidence.

Hubbel did not seem to understand the offensive nature of her Pocahontas comment. President Donald Trump angered much of Indian Country when he referred to Sen. Elizabeth Warren as Pocahontas in the past. Trump says that she has attempted to use a claim of Native ancestry to gain political favor. Hubbel’s use of the term was a low-blow and many Native Americans take offense to non-Native people attempting to decide who warrants tribal-citizenship.

Hubbel stood by her comments in statement provided to LCT.

“If I called someone “King Tut” I would be doing so because I thought they held a much higher opinion of themselves then what others do. I meant similar with Sen. Heinert. I tried to reduce Troy Heinert a bit by calling him a famous Indian. Others have said similar when we hear the now infamous quote, “and you, sir, are no Ronald Reagan!” I have been told I erred and should have called him, Faux-cahontas because he pretending to be a caliber of a person that he is not. Troy is nothing like the heroine Pocahontas,” said Hubbel.

First, he has a much diluted blood line to the American Indians. Second of all he threw the Indian kids under the bus by refusing to call the perpetrators of the Gear Up Scandal in for questioning.

And…

Heinert condemned the comments.

Read it all here.

New offensive comments trying to deflect criticism by claiming Heinert has a “much diluted blood line to the American Indians?”   Good god.   Lora Hubbel still doesn’t get it.

And as before, she needs to resign from the race.

Senator Tapio Pushes Back at Critics, Says Politicians Lack Courage for Tough Issues

January 12, 2018

After criticizing an interfaith gathering at the state capitol and chastising his own party leaders for being asleep at the switch on the issue of Islamic terrorism, District 5 State Senator, Neal Tapio hammered back at critics even among his own Republican caucus for openly distorting what actually happened at the close of the interfaith event.

“I knew full well the task that I was undertaking and I knew what the response would be,”  Tapio said.  “Frankly, I’m outraged and appalled at what is the repeated and predictable attempt both by the political establishment to suppress open and honest dialog on this crucial issue of national security or on any other issue they believe can be made into a shame game of political correctness.”  Tapio said.

“If I’ve learned anything, it’s that modern political discourse has a lot in common with sharia law these days,” Tapio said.  “Suppression of discourse and dialog are the name of the game in both arenas.  And in both examples, the penalty for criticizing the wrong people or the wrong ideas is a price on your head.”

Ahead of Wednesday’s first so-called, ‘Interfaith Day,’ at the capitol, Tapio and other conservative and Christian leaders had voiced concern and opposition to the combining of Christians and Jewish voices with those of the Islamic faith, saying the intolerance and violence advocated by portions of the Muslim population made their inclusion an inappropriate presence in the state house.  For voicing his concerns, critics called Tapio racist, bigoted and Islamophobic.

“14 Islamic nations believe it their moral and legal duty to kill anyone who leaves the Islamic faith or who speaks against it.  And yet if I as a South Dakota state senator, attempt to point out the dangers of publicly endorsing and sanctioning the most violent and least tolerant belief system on the planet, I am called a racist, a bigot, an Islamophobe and a hateful person,”  Tapio said.

“My heart is with the nearly 2-billion people globally who live under the violence, fear and oppression of Islamic law.  My heart is with the victims of Islamic terrorism around the world and here in the United States.  My heart is with the women who are stoned to death for not wearing a head covering or for speaking in public.  My heart is with the young girls whose genitals are mutilated and who are forced as children to marry and be raped by men old enough to be their grandfathers,”  Tapio said.

“In Newsweek magazine, just yesterday, (January 10) was an article reporting that three American Muslim Imams have spoken publicly, calling for death to all Jews,” Tapio said.

“These are American muslims, on American soil, making threats and incitements of violence against an entire race of people.  And yet, fake news and political opposition are trying to twist and spin and shift the focus, painting me, the son of a Lutheran minister, as hateful, intolerant and racist.” Tapio said.

“Jesus very clearly said to love thine neighbor as thyself and to do good to those who hurt you,” Tapio said.  “I think that’s a very different message than the promotion of terrorist Jihad and calls to kill all non-believers that are coming from Muslim leaders right here in America, and even from the very organization that was given a nice dose of public relations assistance by being invited to enjoy equal credibility and equal participation with Christians and other faiths who just want to live peacefully and safely with their neighbors, regardless of differences of belief.”  Tapio said.