Greetings! As mentioned, nine of us representatives in the House, Frye-Mueller and myself included, 3 senators including Sen. Lance Russell, wrote the attorney general in regard to the constitutionality of vehicle bills. Well, Marty Jackley made a ruling that they are not unconstitutional (darn!). The legislature as a body could pass a bill stopping vehicle bills in the future (not all bad).
This leads into SB176, you guessed it, a vehicle bill. This bill was introduced in the Senate on Feb. 3rd, the last day that bills could be introduced. It was 32 words long, with the thrust being, “the protection of the safety of the citizens of SD.” By Feb. 15th, this 32-word bill had become a 1500-word bill, with 7 sections to it. (Look up SD176 at www.sdlegislature.gov . This bill has passed the senate, 21 yeas and 14 nays, (Sen. Russell was a nay). What concerns me is that this bill is aimed at protestors against the Keystone Pipeline, once it starts in west river and the Dakota Access pipeline, once it starts east river.
For the record, I’m for pipelines and truly believe it is the most efficient and environmentally safe way to transport oil. I’m not for adding additional laws on the books when we have more than enough laws now. This hog-housed vehicle bill, SB176, has language that gives the governor the authority to declare public safety zones, and make it a felony for anyone who trespasses in these zones more than twice in 2 years. There is also language that no more than 20 people can gather near these safety zones.
I’m sure the governor’s intentions are good, as he’s trying to get out ahead and not let what happened in North Dakota happen in South Dakota. For this I applaud his efforts. I’m just not willing to give him authority to create safety zones and turn peaceful protestors into felons.
Monday, March 6th, starts the last week of the 92nd legislative session, so SD176 has to be voted on in the House, and if I have anything to do with it, defeated. It will take 35 other representatives to vote with me to stop this bill. In my opinion, it is government overreach big time.
We do go back to Pierre for one day, March 27, to address any vetoes the governor has signed. He has gone public and said that he would veto HB1072 and HB1156, Constitutional Carry and Capitol Carry, respectively.
A few potpourri items: At the Chamber Crackerbarrell, in Rapid City March 4th, the question was asked if the legislature would be in favor of a state income tax.?! After this question was asked, the crowd erupted in applause! The other Rapid City legislators did their best tap dance, talked about raising 4-1/2 cent sales tax to 5 cents, but didn’t throw out the state income tax idea. I took the mic and said that not only was I totally against the state income tax, but that as long as I was in the legislature and still breathing, it would never pass!! I know I probably came across a bit strong, but give me a break!! This governor with the approval of the last two legislative sessions, has raised taxes $335 million. Go back to 2015 and read SD1. It will make your blood boil!! My point is that if you keep feeding this alligator, it will only grow bigger, and bigger, and it will never be satisfied.
The reason I ran to represent the citizens of District 30 was to rein in government, not grow it. Thanks for reading, and thank you for giving me the opportunity to represent you in Pierre. Until next week…
PIERRE, S.D. – Attorney General Marty Jackley announces that the Attorney General’s proposed legislative package for 2017 will include a request that our Legislature consider and enact the following:
1. Prohibiting and criminalizing direct conflicts of interests and self-dealings resulting in personal financial benefit from taxpayer monies
Under current South Dakota law, it is only a misdemeanor to engage in self-dealings of taxpayer monies for personal benefit or gain. See SDCL 5-18A-17.4.
“A public official, who misappropriates taxpayer monies that have been entrusted to them, violates the public trust and should be held responsible for such actions. When a public official uses taxpayer monies for personal benefit or gain, it should be treated as any other criminal theft,” said Jackley.
The Attorney General’s proposed legislation narrowly defines a direct criminal conflict of interest to occur when “any public official who knowingly misappropriates funds or property which has been entrusted to the public official in violation of the public trust and which results in a direct financial benefit to the public official, commits a criminal conflict of interest.” A public official who commits a criminal conflict of interest would be guilty of theft under existing law. Under current theft law it is a Class 6 felony carrying a maximum penalty of two years imprisonment when the value of the theft is in excess of $1,000, a Class 5 felony, punishable up to five years, when the value is more than $2,500 but less than or equal to $5,000, and a Class 4 felony, punishable up to 10 years, if the value is more than $5,000. The bill also requests employee whistleblower protections.
Legislation being introduced by others will require notice to the Attorney General of conflict violations.
2. Releasing of booking photographs to the public
Under current South Dakota law, it is a criminal misdemeanor to release booking photos to the public.
“The release of criminal booking photographs to the public will result in greater transparency in the criminal process and will further assist the media and the public in the proper identification of individuals in the criminal process,” said Jackley.
Routine criminal booking photographs would be defined as a public record under South Dakota law. The statutes would not require a law enforcement agency to reproduce a criminal booking photograph older than six months. Furthermore, an agency requested to provide or reproduce a criminal booking photograph would be entitled to recover reasonable retrieval and reproduction costs.
3. Expanding the 24/7 Sobriety Program to include mobile alcohol testing devices
South Dakota’s 24/7 Sobriety Program is a voluntary offender-pay program that allows individuals to address their alcohol and drug addiction while protecting the public with constant monitoring.
“South Dakota’s 24/7 Alcohol Sobriety Program has helped over 62,582 South Dakotans address their addiction. The offender-pay program has been an effective alternative to incarceration allowing individuals with alcohol and drug addiction to remain employed and with their families while ensuring sobriety through intensive monitoring. To include mobile breath alcohol testing devices to our current technology would further assist law enforcement and participants to more easily and successfully complete the program,” said Jackley.
The current method used in the 24/7 program includes twice-a-day preliminary breath testing, electronic monitoring bracelets, ignition interlock, urinalysis, and drug testing patches. The Attorney General is requesting that the Legislature expand the testing methods to include the use of mobile breath alcohol testing devices at the discretion of the sheriffs and courts.
4. Improving the State Automated Victim Notification System (SAVIN)
“Serving victims of crime should remain a top priority in our state. South Dakota’s victim notification system helps inform and protect victims by making offender information readily available, and further fosters transparency within criminal proceedings by making public information more accessible,” said Jackley.
In August 2016, the Attorney General rolled out the State Automated Victim Information and Notification System (SAVIN), creating a free automated service that provides crime victims with vital information and notification 24 hours a day, 365 days a year. The proposed legislation makes the automated system more efficient by allowing participants to register directly with the system if they choose, and allows more notifications to come from the system instead of through other redundant agency information.
5. Addressing presumptive probation concerns
“Individuals that commit violent crimes and significant harm to victims should not automatically receive a presumption for a probationary sentence. More serious offenses justify having all the circumstances considered when balancing the need for incarceration with opportunities for rehabilitation. Promoting prostitution of a minor is one such serious offense that should not result in an automatic presumption of probation,” said Jackley.
As a part of the 2013 Criminal Justice Initiative, the Legislature enacted a presumptive sentence of probation for many Class 5 or 6 felonies. Based upon numerous Supreme Court challenges and concerns related to the use of presumptive probation and aggravating circumstances, the Attorney General requested the Smart on Crime Task Force to review three areas of concern:
1. The parole and probation grids with an interest toward ensuring swift and certain punishment for violations in order to protect the public;
2. The presumptive probation for Class 5 and 6 felonies should be modified to provide more discretion to our Judges for the more serious crimes; and
3. Explore opportunities to provide funding to local governments that are
experiencing cost-increases as a result of the legislation by evaluating any cost savings to the state attributable to SB 70.
Consistent with the Smart on Crime Task Force recommendations on presumptive probation, the Attorney General is proposing legislation to remove certain violent and other serious crimes from presumptive probation.
6. Strengthening vehicular homicide sentences
“While it is difficult to place a value on the loss of a human life, serving only a 4½ year sentence for the brutal vehicular homicide of another human being should carry with it more significance and deterrent value to better protect the public. Vehicular homicide is a violent crime and should be considered as such for purposes of parole calculations,” said Jackley.
On July 8, 2013, Ronald Fischer drove recklessly, impaired, and at high rates of speed through a Pickstown parking lot, killing 25 year old Maegen Spindler and 46 year-old Dr. Robert Klumb. Fischer was tried and convicted for two counts of vehicular homicide for his two victims. Because vehicular homicide is a Class 3 felony, the judge was only able to impose a sentence of 15 years for each conviction, the maximum allowed by law. Furthermore, because vehicular homicide is not statutorily defined as a “crime of violence,” Mr. Fischer may well only serve approximately nine total years for the deaths of his two victims.
On April 26, 2016, another tragic vehicle crash again occurred in Charles Mix County, taking the life of a 22-year old. Albert Fischer has been indicted for and pled not guilty to vehicular homicide. His case is still pending.
Vehicular homicide convictions over the past five years in South Dakota include: 2 in 2016 (6 charged in various stages of proceedings), 4 in 2015, 4 in 2014, 8 in 2013, 4 in 2012 and 5 in 2011.
Custer, SD – On Saturday evening October 29, 2016, Laughing Water Restaurant at Crazy Horse Memorial was the scene of the C.O.R.E. (Community Organized Resources for Educating our youth) Freshman Impact 1st Annual Fundraiser and 4th Annual Volunteer Recognition event. The event kicked off at 2:00 in the afternoon with a cider and doughnuts social hour followed by rides in the Fatal Vision Goggles Kart Course. Then it was time to tour the base of Crazy Horse mountain,also included were activities for kids and daycare. Volunteer Recognition took place in the Crazy Horse theatre at 3:15 with MC- Sarah Morrison, Deputy State’s Attorney and Speaker Attorney General Marty Jackley. A prime rib dinner was served after guest previewed items for a silent and live auction conducted by Harold Printz of Printz Auctioneering Service. This was followed by guest speaker South Dakota Attorney General Marty Jackley.
After AG Jackley addressed the crowd we had a brief conversation on the evenings main topic.
“The biggest point I tried to convey to the crowd tonight was the importance of prevention over prosecution. When you look at Freshman Impact, you see it is one of those great programs that involve’s students and first responders. It gives a strong positive message and really gives kids the tools to help address addictions, learning to say no and avoiding peer pressure. Freshman Impact is now in a three state area and 50 different school districts in South Dakota to have an impact on freshmen.” Said SD State Attorney General Marty Jackley
On the question of the system and drug abuses particularly methamphetamine SD State Attorney General Marty Jackley said “ When you look at what we have done in South Dakota, the main focus is on the court system that often has a component addressing treatment, but it’s only a component and that’s why you see “No Meth Ever” and Freshman Impact and a variety of programs looking at the prevention side of it because here in South Dakota we have typically not been strong enough on the prevention and treatment side. We have always focused our resources on prosecution and incarceration. We are doing a better a better job with preventative resources, focusing on treatment so we never get to the prosecution and incarceration stage.
On the question of legalizing marijuana in the SD State Attorney General Marty Jackley said.” At this point I have been a strong advocate believing that marijuana causes public health and safety problem. When it involves medical marijuana I would like to work with Federal authorities on increased research and experimental opportunities that may help a child having seizures, or and ailing adult that may have cancer or may need pain relief for other conditions”.
South Dakota State Attorney General Marty Jackley addresses the audience at the C.O.R.E.- Freshman Impact 1st Annual Fundraiser Saturday evening October 29, 2016 at Crazy Horse Memorial. Photo: Herb Ryan/Custer Free Press
Rick McPherson co-founder of Freshman Impact introduces speaker Ashley Strand former student who spoke about the positive change the Freshman Impact program had on her life at the C.O.R.E.- Freshman Impact 1st Annual Fundraiser at Crazy Horse Memorial. Photo: Herb Ryan/Custer Free Press
Freshman Impact: Caught in the Moment is a powerful one-day prevention program for young teenage students. The students see up close and learn through hands-on activities the possible consequences of wrong choices and the lasting effects physically and emotionally on their bodies, their families and friends, and their community. The program promotes communication and developing rapport between the youth and law enforcement / fire / rescue personnel.
The program brings together local, county, state and federal resources to educate students, parents and school staff on destructive teenage issues and the consequences. Law enforcement/fire/rescue departments can use the program as inter-departmental training for their personnel in emergency response skills, working as a team with other area departments, and promoting community relations.
As a team, everyone works together to promote young teenagers making safe choices and preventing destructive behaviors. It is important to give our young teenagers the tools to develop life-long skills and values to make the best choices.
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