State Legislature

Mask Mandates are NOT a 1st Amendment issue, they are a 4th Amendment issue

I often scratch my head by how little our state legislature and governor know about the US Constitution;

Governments in South Dakota, across the country and the world used mask mandates and business restrictions to slow the spread of the COVID-19 pandemic.

Some lawmakers, though, say those mitigation efforts don’t jive with the First Amendment of the U.S. Constitution. And now a bill making its way through the legislature would narrow the scope of when cities, counties and townships can make people wear masks or force businesses to close in the name of public health.

It is NOT a 1st Amendment issue, it has to do with trespassing and property rights which is covered under the 4th Amendment;

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The 5th and 14th could also apply. But I have often said that mask mandates in general are moot because the US Constitution already protects business owners from trespassers. If you have a sign on the front door of your business that says you must wear a mask and you refuse, that business can call the police and you can be prosecuted for trespassing. Those laws already exist.

I would argue that any municipal government can implement a mask mandate as long as that mandate is about private business and private property and within their 4th Amendment rights (in other words private businesses and even churches could ignore the mandate).

The 1st Amendment argument holds no water because as we saw with Trump’s Twitter ban, private business CAN limit your speech on their premises, platforms or property.

Where I would side on the 1st Amendment argument is that it would be unconstitutional for government to mandate mask wearing on their (your taxpayer funded) property.

Once again the statehouse is filling their short session with foolishness.

South Dakota State Legislature, House Bill 1026; Authorizes the State to build a National Guard Readiness Center in Sioux Falls

What makes this even more odd is that it is declared an Emergency?!
Am I missing something here?!

HB-1018

 Introduced by: The Committee on Appropriations at the request of the Department of the Military Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language. Overstrikes indicate deleted language. 


1 An Act to authorize the construction of a National Guard Readiness Center in Sioux 2 Falls, to make an appropriation therefor, and to declare an emergency. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 Section 1. The Department of the Military may contract for the planning, site preparation, 5 construction, furnishing, and equipping of the construction of a National Guard Readiness 6 Center, together with furnishings and equipment, including heating, air conditioning, 7 plumbing, water, sewer, electric facilities, sidewalks, parking, landscaping, architectural and 8 engineering services, and such other services or actions as may be required to accomplish 9 the project, for an estimated cost of twenty million dollars, subject to permitted adjustments 10 pursuant to section 3 of this Act. 11 Section 2. There is hereby appropriated from the general fund the sum of $500,000, and 12 the sum of $1,500,000 in federal fund expenditure authority to the Department of the Military, 13 for purposes of design and construction of a National Guard Readiness Center in Sioux Falls. 14 Section 3. The Department of the Military may adjust the cost estimates to reflect inflation 15 as measured by the Building Cost Index reported by the Engineering News Record, additional 16 expenditures required to comply with regulations adopted after the effective date of this Act, 17 or additional sums received pursuant to section 4 of this Act. However, any adjustments to 18 construction cost estimates for the project may not exceed one hundred twenty-five percent 19 of the estimated project construction cost stated in section 1 of this Act. 20 Section 4. In addition to the amounts appropriated in section 2 of this Act, the Department 21 of the Military may accept and expend for the purpose of this Act any funds obtained from 22 gifts, contributions, or any other source if the acceptance and expenditure is approved in 23 accordance with § 4-8B-10. 21.297.13 2 400 Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language. Overstrikes indicate deleted language. 1 Section 5. The design and construction of this project shall be under the general charge and 2 supervision of the Department of the Military. The adjutant general of the Department of the 3 Military or the state engineer shall approve vouchers and the state auditor shall draw warrants 4 to pay expenditures authorized by this Act. 5 Section 6. Any amounts appropriated in this Act not lawfully expended or obligated shall 6 revert in accordance with the procedures prescribed in chapter 4-8. 7 Section 7. Whereas, this Act is necessary for the support of the state government and its 8 existing public institutions, an emergency is hereby declared to exist, and this Act shall be in 9 full force and effect from and after its passage and approval.  

South Dakota State Legislature could easily meet remotely

Well you know what they say, once an Authoritarian Ignoramus, always an Authoritarian Ignoramus. It seems Steve Haugaard’s Covid death dance wasn’t enough for him to change his mind;

But attending a session remotely would require a change in the rules, something Haugaard doesn’t support.


“Life has risks. I think we need to move forward and get our job done. If you’re expecting entire session to be problematic, you’ve got to consider, do I resign my position and let somebody actually get out there who can fill the role,” Haugaard said.


This has always been my strongest argument against conservatism. It’s not their stone-age views on race, sexuality, women, gun safety laws or abortion it’s their incredible incapability of excepting change, even if that change is easy, doable, economically sound and beneficial. Essentially Steve is saying, “Hey, this is how we have always done things, so tough sh*t, either Linda can show up and face possibly getting a life-threatening virus or resign.”

Sure, as bewildering as Haugaard sounds, trust me, I’m no fan of Linda Duba either. She has tried to pull the puppet strings of the South Dakota Democratic party and has tried some vindictive tricks on members of her own party (I was asked to NOT blog about it -oops, I guess I did anyway). Either way, Duba or any legislator has the right to work from home, because quite honestly, it’s pretty easy to do.

The main argument floating around is that legislators need to be in Pierre to talk to lobbyists. That is the biggest problem with Pierre, the lobbyists. They should be banned from the Capital grounds, in fact the entire city during the legislative session. If the legislators need to talk to them, they can do via Zoom, phone or email. This also includes all the dinners and drinky sessions the lobbyists throw for the legislators. Also, not necessary, and in fact should be in state law that they are banned.

Legislators MAIN engagement should be with constituents, via phone, email, etc. and anybody can testify via zoom or phone during the committee meetings and hearings, even legislators. Sessions and voting should also be no different.

A former legislator admitted to me that being in Pierre is the optimal place to legislate, but it could be done remotely with little inconvenience.

In fact moving forward I think that legislative sessions should be remote (or partially remote). There is no reason for legislators to drive to middle of nowhere in the middle of winter to talk about legislation next to each other in person. It’s actually a very primitive concept considering they don’t really pass anything until the last couple of days of session. We could save taxpayers thousands of dollars NOT paying per diem for travel and lodging. It would also give the opportunity for people to run who are NOT self-employed with more flexibility to serve. You only have to turn on your laptop when it is time to participate in discussion and debate and voting instead blowing 40 full days in the barren land of Pierre.

Like I said above, the more we re-elect and elect conservatives, the farther behind we become as state. Let legislators participate from the safety of their homes and stop acting like a cavemen.

Is the South Dakota Legislature considering legislation to appoint county auditors and treasurers?

There was a rumor roaming around the halls of the Minnehaha County Administration building that a District 13 Republican legislator is considering sponsoring a law that would allow county commissioners to appoint their treasurers and auditors instead of electing them.

I know what their main arguments will be, they want to appoint someone with experience in the field. But I am no dummy, that is a ruse. They want to appoint people they can control, and since most legislators and county commissions are Republicans that means these appointees will be Republicans.

I will tell you why I am against this move;

• Keeping our county officials who run elections and collect taxes as elected officials means accountability to the taxpayers not the county commission.

• There is more transparency from elected officials versus bureaucrats.

• This is a power grab by the SD Republican Party since they control all the other bodies of power in local government they can now snatch up one party rule in these offices.

• Less compassion and understanding with tax collection. If the treasurer doesn’t have to answer to the citizens, they can pursue all means possible to collect taxes and inflict harm and penalties.

• The appointed auditor may also set policies forward that inflict voter suppression in certain districts.

This is a bad idea all the way around. There are simpler changes to the law to get more qualified elected officers. First you could make the positions non-partisan (I would say this for the county commissioners also). You could also require candidates to at least have education or experience in accounting or auditing before they could be allowed on the ballot.

If it makes it to the floor of the legislature, which I think it will, it will likely pass and give even more power to the super-majority authoritarian fascist radical right SD GOP.

I have also heard the recently appointed (non-elected) auditor who replaced Litz got quite the pay bump over what Litz was getting. There was also some shuffling of deck chairs between the treasurer’s and auditor’s office due to conflicts of interest. Another reason why appointing these officers is a bad idea.

Is Lt. Governor Rhoden getting out of the ranching business?

Don’t quote me on this, it’s what Larry said on a hot microphone to state legislator, Steve Haugaard before Noem’s budget address just moments ago.

I have often warned elected officials across the state and locally to watch what you ramble in proximity of a microphone before a public meeting, it could be recording.

The conversation between Steve and Larry started out dry, literally, Steve asked if he needed to fill a glass of water for Kristi, which made me laugh, because it is further proof that all these guys do is carry water for her 🙂 Larry told Steve not to worry about it because Maggie will take care of it, and as we both know, she carries a lot of water for Kristi in attacking the fake news.

Then after a long uncomfortable period Steve asked Larry what he has been up to? Larry said, “I’m getting out of the ranching business . . . selling my cattle next spring.” Then he talked about his plan to sell the herd to a young rancher who has been “renting grass from him.”

While this probably isn’t earth shaking news, it may explain why Rhoden all of sudden became a full-time employee for Kristi.

Kristi and her ilk have been government welfare recipients for decades, and it seems to continue as governor when Rhoden needs to get out of the ranching business. And why not, it’s a lot more lucrative warming a chair in Pierre on the taxpayer’s dime.

UPDATE: It was also interesting to watch Stormland-TV pan the camera across the floor and focusing on those wearing and not wearing masks. My rough estimate is that about 33% of legislators were wearing masks, and it was a good mix of Republicans and Democrats (NO Democrats were unmasked). What surprised me was there was several Republican legislators from the Sioux Falls area not wearing masks.