Thune: A Lot of Work Yet to Do
“We have a real chance to get things done in the next Congress, and I look forward to working with my colleagues on both sides of the aisle to address the challenges facing our nation.”

WASHINGTON — U.S. Sen. John Thune (R-S.D.) today discussed the long list of accomplishments during the 114^th Congress under Republican leadership. The Republican majority worked hard to pass a balanced budget, a major energy bill, a multi-year transportation bill, a Federal Aviation Administration reauthorization, and an education reform bill, among many others. Thune also discussed the work that’s ahead for the 115^th Congress: repealing and replacing Obamacare, immigration and tax reform, addressing the national debt, and finding solutions to various other issues impacting the American people.

South Dakota Public Radio reported yesterday that the leader of a medical marijuana measure which failed to reach the ballot for this past election is going to try again. And she’s planning on adding on recreational pot use in addition to promoting medical marijuana:

Melissa Mentele is the director of New Approach South Dakota. She says marijuana use is already wide spread in South Dakota and enforcement is costing the state $800,000 dollars a year.

Mentele says the group hoped to pass medicinal use first, but consistently ran into the problem of enforcing the law.

“They had issues with regulating it and being able to do their jobs effectively,” Mentele says. “So, what we have done in our new recreational bill is, we have designated the money made by taxes for recreational cannabis sales in South Dakota to go into our general education fund for teacher pay and for pay for law enforcement. The rest of it would go to the state as it needs”

Mentele says that could be projects like infrastructure, taxpayer refunds or giving back to native communities. Mentele says she wants recreational use passed for the right reasons.

Read it all here.

Representative-elect Drew Dennert is featured in the Aberdeen American News this morning as he prepares for transitioning to serving as a state legislator:

On an average fall day, Dennert is mending fences, caring for cattle and checking that falling temperatures haven’t caused any leaks in the water tanks at the family farm north of Aberdeen, but soon his attention will be divided between home and the state Legislature.

Dennert is among the newly elected fresh faces who will be arriving in Pierre Jan. 10. At 21, he will also be the youngest on record according to the Legislative Research Council. Prior to Dennert, the youngest legislator was Aberdeen’s David Novstrup when he was elected as District 3 Representative 10 years ago. Novstrup was 23 when he was first elected in 2006.

and…

The second oldest of five children, Drew was home-schooled starting in kindergarten. His mother said the idea to home-school her son wasn’t planned; instead it was sparked by a comment made by her son’s preschool teacher.

“His teacher said, ‘I hope they don’t squelch his creativity’,” Nancy said.

“From a young age, Drew was allowed to pursue his passions,” Nancy said.

She said her son enjoyed drawing maps and studying presidents. She’s also confident he’s got a good understanding of the Constitution, the Bill of Rights and the role of government.

“I’m excited for Drew,” Nancy said.

Read it all here.

A year and a half ago now, I’d written about the Sioux Falls Mayoral contest, and noted a few things…

While this is a non-partisan municipal race, don’t kid yourself. It’s anything but non-partisan, and this has been exacerbated during Huether’s tenure. And the battle lines are often drawn this way with major blocs of voters falling along those lines.

On the Republican side of the coin, three major contenders stick out;

• Sioux Falls Entrepreneur Paul Ten Haken, Owner of Click Rain.
• Former Councilman Pat Costello, who currently serves as Commissioner of the Governor’s Office of Economic Development.
• Current Councilor Greg Jamison, who ran for the office in 2014 against Huether.

And on the Democratic Side, we have four people rising to the top of contention:

• Sioux Falls City Councilor Kenny Anderson, Jr.
• Sioux Falls Businessman and political consultant Steve Hildebrand.
• Sioux Falls City Councilor Michelle Erpenbach
• Former City Councilor and Huether right hand man Darrin Smith.

There are other names floating around out there, but none that seem to rise to the level of being taken seriously, or they actively disavow any interest in running, such as former legislator Christine Erickson who is in her first term of office.

Read that here. As time has passed, so has the electoral calculus. Since I first wrote about it, I believe Paul Ten Haken has taken himself out of consideration, due to his business responsibilities. Greg Jamison is newly elected as a state legislator, and may find extending his tenure there to be to his advantage. Pat Costello is back in Sioux Falls, himself with new and expanded business responsibilities.

On the Dem side, No one is really talking about Hildebrandt running anymore. Erpenbach’s name comes up on occasion for the office, but Kenny Anderson’s doesn’t. Nor does Darren Smith’s.

But what I do keep hearing – and did so again tonight – is that former Republican Legislator Christine Erickson who had said “no” before might be softening her no into a “maybe.”  And it might be a strong maybe at that.

Erickson had served in Pierre in the state legislature, and took a step back to be closer to home and family.  But her ability to get things done, her intelligence, as well as her charisma have kept her in the spotlight, and as a go to person for statewide officials who want to share the stage with her when they’re in Sioux Falls.

Even local media curmudgeons such as Stu Whitney have sang her praises as a public official who is going places:

“She’s a refreshing new voice, and she’s got moxie,” says fellow council member and former Sioux Falls mayoral candidate Greg Jamison. “Because of her experience in the legislature, she understands the technique of debate and communication. Some of us get involved in personal issues and egos, but she sees it as issue-based and doesn’t let that stuff get out of hand.”

and..

Erickson has made her presence felt with substance rather than bombast, standing firm on issues such as city pool rates and free summer bus rides for low-income kids. Much of her impact occurs behind the scenes and with measured dialogue rather than fire-and-brimstone exchanges.

“My style is not to be on the front page off the newspaper every day, but I’m always there to speak up when needed,” she says. “There are times when I get frustrated or angry, but I don’t think you gain a lot in the process when you’re disrespectful.”

Read it all here.

Erickson’s issue based approach on the council has been more aspirational and less confrontational than some of her colleagues. And she’s taken the lead on such issues as reworking laws and regulations to move Sioux Falls into the future with things the rest of the country enjoys such as Uber.

There’s still a lot of ground to cover between now between and the 2018 mayoral election, but Erickson might have a winning formula to bring together the disparate groups of the Sioux Falls electorate to build the winning coalition that escaped Greg Jamison and Kermit Staggers against Democrat Mike Huether.

At the very least, the rumored willingness to give the 2018 mayoral contest consideration has re-written the calculus of how the voting in the contest might go.

And if things progress beyond that? An official entrance into the race may very well give her a leap ahead of her peers.

Senate Sends Thune’s Bipartisan Legislation That Protects Consumer Reviews to President

“This legislation supports consumer rights and the integrity of critical feedback about products and services sold online.” 

WASHINGTON — U.S. Sen. John Thune (R-S.D.), chairman of the Senate Committee on Commerce, Science, and Transportation, applauded the Senate’s unanimous passage of bipartisan, bicameral legislation that will outlaw the use of “gag clauses” in non-negotiable form contracts. Some businesses have attracted national scrutiny for using gag clauses to punish or silence honest criticism of products and services. Thune was the lead sponsor of the Senate version of the bill, and the final version now heads to the president for his signature.

“By ending gag clauses, this legislation supports consumer rights and the integrity of critical feedback about products and services sold online,” said Thune. “I appreciate the bipartisan efforts of my Senate and House colleagues to get this legislation over the finish line.”

The Commerce Committee held a hearing on gag clauses on November 4, 2015, featuring testimony from Ms. Jen Palmer, a plaintiff in Palmer v. KlearGear, where a company demanded the removal of a negative online review or payment of $3,500 in fines because the online merchant’s terms of service included a non-disparagement clause. When the review was not taken down, the company reported the unpaid $3,500 to a credit reporting agency as an outstanding debt, which negatively impacted the Palmers’ credit.

Thune and U.S. Sens. Brian Schatz (D-Hawaii) and Jerry Moran (R-Kan.) introduced S. 2044, the Consumer Review Freedom Act, in September 2015, and the Senate passed the measure unanimously last year. The Senate today approved the companion House version, H.R. 5111, introduced by U.S. Reps. Lance Leonard (R-N.J.) and Joseph Kennedy III (D-Mass.) earlier this year. 

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I’m an outlaw. He’s an outlaw. She’s an outlaw. They’re all outlaws. We’re all outlaws. You might be an outlaw too, according to IM22.

A friend on the opposite side of the aisle dropped me a note today. One that has serious repercussions for not just bloggers, but for anyone who uses Social Media in South Dakota. Because the poorly written Initiated Measure 22 might have just made all of us who engage in Social Media into a pack of outlaws.

The culprit? Section 11 of the act:

Section 11. That chapter 12-27 be amended by adding thereto a NEW SECTION to read as follows:

Any expenditure made by any person, group of persons, political committee, or other entity in cooperation, consultation, or concert, with, or at the request or suggestion of, a candidate, the candidate’s authorized political committees, or the candidate’s committee’s agents, is considered to be a contribution to the candidate.

For the purposes of this section, candidate solicitation or direction of funds for or to a person, group of persons, political committee or other entity constitutes cooperation sufficient to render any subsequent expenditure by the person, group of persons, political committee, or other entity in support of that candidate or in opposition to that candidate’s opponent to be considered a contribution to the candidate.

The financing of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by a candidate, the candidate’s authorized committee, or an agent of either of the foregoing is considered a contribution for the purposes of contribution limitations and reporting responsibilities of the person group of persons, political committee or other entity making the expenditure. The candidate who prepared the campaign material does not receive or accept an in-kind contribution, and is not required to report an expenditure, unless the dissemination, distribution, or republication of campaign materials was done in concert or cooperation with or at the request or suggestion of the candidate. However, the following uses of campaign materials do not constitute a contribution to the candidate who originally prepared the materials:

(1) The campaign material is disseminated, distributed, or republished by the candidate or the candidate’s authorized committee who prepared that material;

(2) The campaign material is incorporated into a communication that advocates the defeat of the candidate or party that prepared the material; or

(3) The campaign material is disseminated, distributed, or republished in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate.

Read that here.

As bad as other portions of this measure are, this section is very notable in it’s definition, and it’s poorly worded language for being particularly offensive. Why? Because it represents an attempt to censor and control what people write about candidates:

The financing of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by a candidate, the candidate’s authorized committee, or an agent of either of the foregoing is considered a contribution for the purposes of contribution limitations and reporting responsibilities of the person group of persons, political committee or other entity making the expenditure.

Read it again.  The financing of the dissemination, distribution, or republication in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by a candidate, the candidate’s authorized committee ot an agent of either of the foregoing is considered a contribution….

So, if Dakotawarcollege.com disseminates a campaign brochure. Or a press release. Or a YouTube based commercial that comes from a campaign, that could possibly be considered a campaign contribution under IM22.

Now, saying that, there is a carveout.

However, the following uses of campaign materials do not constitute a contribution to the candidate who originally prepared the materials:

(3) The campaign material is disseminated, distributed, or republished in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate.

Herein lies the problem that adherents of social media face.  The carveout allowing it only applies if it’s in “a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication.”

So, where exactly do political blogs fall under this? And more importantly to users of social media – how is Facebook exempted? Or Twitter?

Initiated Measure 22 ignores the existence of any kind of modern social media, choosing to focus solely on traditional Mainstream Media. If I had a newspaper, I’m ok. However, if I’m solely internet based… not so much.  Or maybe not at all.

Exceptions for traditional media…but not new media . And according to IM22, dissemination of information in whole or part is considered a contribution, with only the exceptions outlined in 11(3).

You might not care that I might not be able to publish a press release from Kristi Noem or Marty Jackley for Governor.  But what about your own ability to share political news with your friends on facebook or twitter. Because there’s no carve out for that, either.

These are the uncertainties and questions we have to thank Don Frankenfeld and Rick Weiland for. Complete and utter violations of the rights of the press, and our right to free speech. They might not fit neatly into the little box their out of state allied drew up. But they exist. And shame on them for replacing those freedoms with Government oversight.

Uncertainty is a scary thing. These are the same uncertainties we need our legislators to resolve immediately.

Gov. Daugaard Orders State Capitol Flags At Half-Staff For Former State Sen. Jacob Krull

PIERRE, S.D. – Former state legislator Jacob J. “Jake” Krull of Watertown passed away on Friday, Nov. 25, 2016.

Krull, 77, represented the Codington County area in the state Senate for five terms from 1973 to 1982. He served as minority leader during his last two terms.

Gov. Dennis Daugaard has ordered flags to fly half-staff at the State Capitol on Wednesday, Nov. 30, the day of Krull’s funeral.

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This year has been tough on my SDSU home game football attendance. Every weekend they were playing this fall ether coincided with me working on a project, or my wife having to go to Vermillion for one of her doctoral classes.

But then a curious thing happened. SDSU not only made the playoffs, but got a first-round bye, and it was confirmed this weekend that they would be playing Villanova. Almost immediately after that was confirmed, my phone was buzzing with texts from my dad that he would like to attend that game.

It’s not that this game is particularly special to me over any other game I missed this year – I kind of wanted to see the State-U game, but like I said, my wife was in class, so I was out of luck. But, this playoff game holds a bit of meaning to my dad, as it may represent his last opportunity to see his alma mater.  You see, way back in the 1950’s he was a graduate of the Pennsylvania-based Catholic University.

In the intervening years he moved around a bit with the FBI, eventually landing in South Dakota. Which is about as far away from Pennsylvania as you get.

And now about 60 years after he graduated, he hasn’t been in a position to attend of their games for decades. 80 years old, and mostly homebound due to health after bypass surgery and a subsequent light stroke a while back, he’s not likely to travel anymore in his remaining years. Certainly, not for a football game in Pennsylvania.

However, sometimes opportunities arise. Even for one of South Dakota’s few Villanova graduates.

So, on Saturday, a 50’s era Villanova graduate is going to be sitting with me, an 80’s era SDSU grad, one of his five children who graduated from SDSU.  (My wife will be there too, and I might claim her if she doesn’t wear her USD colors.) The weather forecast says mid-30’s for Saturday, so we’ll be bundled up.

And we’re going to be rooting against each other as we watch the game unfold in what might be a final chance to see “his team” live on the field.

His last Villanova game? Maybe. Maybe not.  But we’ll enjoy ourselves as if it is. Until the next time.

From KELOLAND comes a story from democrat lefty former US Senator James Abourezk about how he was friends with evil, murdering communist dictator Fidel Castro who died this past week:

Former South Dakota U.S Senator Jim Abourezk thinks back to the year 1975 when he met Cuba’s Fidel Castro. 

And…

The two formed a close bond through a six hour conversation focused on normalizing relations between Cuba and the US. 

And..

His recent death has prompted a variety of mixed emotions around the world. For some, joy, yet for Abourezk, sorrow. 

“I feel very sad because I considered Fidel a friend of mine,” Abourezk said. 

And..

While he admits he doesn’t agree with every decision Castro made, Abourezk says he’ll continue to honor his legacy.

Read it all here.

He’ll continue to honor his legacy? Which parts? The forced labor camps? Or Castro’s firing squads?  Abourezk wanting to honor his legacy comes off as a sick joke. 

A love of evil, murdering communist dictators must have been infectious around the Abourezk office, because if you recall, one of his staffers and her husband treasonously spied for Castro, and were caught, tried, and convicted in recent years:

The Washington Post reports Saturday morning that Walter Myers and Gwendolyn Steingraber Myers pleaded guilty in federal court Friday “that they spied for Cuba over the past three decades, receiving coded instructions over a shortwave radio and passing along information to intelligence operatives in ‘dead drops’ and ‘hand to hand’ passes.” (See the full story by reporter Del Quinten Weber at www.washingtonpost.com.) Myers, age 72, gets life in prison, his wife, age 71, six to seven-plus years. The story says they agreed to become spies for Cuba while living in South Dakota.

According to a long piece reported by Toby Harnden and published earlier this fall by Washingtonian magazine, the couple met in Washington, D.C., while she worked on the staff of then-U.S. Sen. Jim Abourezk, a Democrat from South Dakota. 

And…

Harnden wrote that she was working on Abourezk’s staff in Washington, D.C., within two years, the marriage dissolved. While there, she met Myers. The couple in turn met their initial Cuban contact at a gathering at the home of Wendy Greider, who was Abourezk’s staff member for foreign affairs.

And…

Myers took his first trip to Cuba in January 1979, staying about two weeks. A Cuban operative later traveled to Pierre and secured their agreement to spy for Cuba when they returned to Washington, according to Harnden’s story.

Read it all here.

Somehow, reading Abourezk’s statements this weekend, none of it comes as a shock.

Heaping praise on a man who is responsible for killing between 10,000 to 100,000 people is a pretty shameful thing to do. And it’s compounded by the fact that this association helped lure a member of Abourezk’s staff and her husband to betray their country. 

Abourezk wants to turn a blind eye and honor the legacy of a very bad man who killed tens of thousands of his people – including several Americans along the way? 

Let history judge them both. I doubt it will do so kindly.

(BTW, I learned that Myers, the husband of the Abourezk staffer is currently incarcerated at the federal ADX Florence supermax facility in Colorado. And deservedly so.)

Apparently, Obamacare’s death panels have been forestalled. So, the South Dakotans out there who would like to clear up the excess elderly and infirm in the state are planning to bring a ballot measure in 2018 to legalize physician assisted suicide in South Dakota.

According to the Secretary of State’s office, a legalized suicide act submitted by Angela Albonico of Spearfish has gone through LRC comments, and is currently awaiting review by the Attorney General prior to being submitted to the Secretary of State for petition circulation:

LRCComments_DeathWithDignityAct by Pat Powers on Scribd

What do you think? Are we ready to fight it out on the ballot to kill legalized suicide in South Dakota?