Just as one of my readers notes his surprise that "We haven't heard more from Stacey this session," the Fulton Fulminator strikes again, this time with a curious coalition challenging last week's House approval of HB 1060, the lengthy revision of the FY 2013 General Appropriations Act. The Governor has salted HB 1060 with all sorts of goodies, like his five-million-dollar French cheese subsidy (no, really, I'm not making that phrase up).
Today, pursuant to Joint Rule 1-10, Rep. Stace Nelson (R-19/Fulton) filed a dissent and protest against the passage of HB 1060. Essentially, the protest says that the inclusion of the Governor's French cheese subsidy and funding for his big criminal justice reform initiative take end runs around the state constitution.
You can view a scan of the original document, with ten signatures, nine of which I can read. I transcribe the full text below (taking liberty to add hyperlinks and paragraph breaks):
DISSENT AND PROTEST PASSAGE OF HB 1060
Pursuant to Joint Rule 1-10, we, the undersigned Representatives, do hereby respectfully dissent and protest the passage of HB 1060. The Constitution of the State of South Dakota, Article XII, Section 2, states that the general appropriation bill shall embrace nothing but appropriations for ordinary expenses of the executive, legislative, and judicial departments of the state, the current expenses of state institutions, interest on the public debt, and for common schools. All other appropriations are to be made by separate bills and require a two-thirds majority to pass.
Several items in HB 1060 do not meet the constitutional criteria specified above for measures to be included in the general appropriations bill. Specifically, HB 1060 includes one-time unordinary appropriations for five million dollars on page 2, line 7 of the original printed bill to repay monies related to a statute rejected by the voters in 2012's Referred Law Number 14. The bill also includes one-time unordinary appropriations of approximately six million dollars to implement provisions of 2013's SB 70. HB 1060 was passed even after this information was provided to the body during official debate.
We therefore believe that the passage of 1060 is in contravention of the Constitution, is null and void, promotes a practice that undermines the very foundation of our State Constitution, and thus weakens the rule of law. We respectfully request that this dissent be printed in the House Journal as required by Joint Rule 1-10.
Now for the curious coalition of signatories:
- Rep. Stace Nelson (R-19/Fulton)
- Rep. Lance Russell (R-30/Hot Springs)
- Rep. Dan Kaiser (R-3/Aberdeen)
- Rep. Julie Bartling (D-21/Gregory)
- Rep. Kevin Killer (D-27/Pine Ridge)
- Rep. Bernie Hunhoff (D-18/Yankton)
- Rep. Spencer Hawley (D-7/Brookings)
- Rep. Betty Olson (R-28B/Prairie City)
- Rep. Peggy Gibson (D-22/Huron)
- Rep. Rev. Karen Soli (D-15/Sioux Falls)
That's 4 arch-conservative R's and 6 big D's, including 3 D's—Bartling, Gibson, and Hawley—who voted for HB 1060 on its pass through the House.
Now signing this protest may have little real cost or benefit. The House leadership allowed the protest to be printed in today's House journal, putting ten members on the record saying the House has acted unconstitutionally, and there that protest will sit, having no technical impact on HB 1060's continued movement through the chamber.
But it shows, in a small way, that Rep. Nelson is still willing to rattle the apple cart, and that, unlike some Republicans who consider one-party rule their South Dakota birthright, he is not just willing to talk to Democrats but able to get them rattle with him.
Related: As another eager commenter notes, Rep. Nelson bucked the GOP Tuesday in House Local Government and joined Democrats Soli and Kathy Tyler (D-4/Big Stone City) in trying to kill SB 155, the Big Ag road subsidy for new CAFOs, before the committee kicked the bill to House Appropriations.
STACE NELSON FOR GOVERNOR 2014!
Young Mr. Nelson needs to season a bit as Lands or Treasurer Commissioner, and then run for Governor in 2018.
Name me the last School and Public Lands Commissioner or State Treasurer whose "seasoning" in those offices led to successful campaign for higher office.
keep an eye on 'em stace!!!!! they got a lot of garbage they have swept under the rug up there!!!!!
Stace has a lot of seasoning in a short time. The SD GOP has successfully marginalized those who were insubordinate-until Stace came along. Last year they tried to make him out to be a bully (wrong) and a loose cannon (sometimes), but the people in Hanson County and a growing number accross the State love Stace. He has been successful in gathering the conservative part of the republican party and some of the democrats to work for what is right. The people who signed this seem to have one thing in common, they care about the state, not special interests. When the people of Hanson County were upset about the dairy coming in, Stace stood with his constituency. It cost him his seat on the ag committee. Last year when he and Tim Begalka and Lora Hubbel blew the whistle on possible bill tampering, they tossed him out of the caucus. Stace formed his own caucus. Add to the silliness of a few who demanded protection from him, who sat him up in the front row to try to embarrass him-big mistake by the way. The rino part of the party is afraid of Stace and they ought to be. He is not a business as usual kind of guy. He has made some mistakes, he is not a perfect person, but he has guts, and he has integrity. It is important to clean up SD government and four more years of GDD won't do it. I do think that GDD will be very vulnerable next Nov. if he is unopposed in the primary. Or if he wins the primary because of the possible smear campaign by the rinos. But if someone who is good wins the primary, and right now that someone looks like Stace, I think that people of both parties will like what they see in him for Governor.
I'll give Stace Nelson the "leader" award, seems to me he is not a "follower"! He is most certainly refreshing to see that he cares about his people and is trying his best to represent them! I wish he was in my district!
grudz: as far as "seasoning" for Nelson goes, I think he's already got a dose of essence of leadership...USMC.
No doubt about it - he'd make an interesting candidate.
Way to represent the people and not those good ole boy Republicans. I think the Democrats like you better than the Republicans. Have you ever thought of registering Independent?
who in their right mind would vote for nelson for govenor. he acts like he is the only one to ever serve in the marine corp and throws that around non stop. go back to japan your not wanted here.
Cory, I think Bryce Healy should give a run for Governor some thought. He was a school and public lands commissioner.
I think these guys are doing some good with this bill but Kaiser and several others need to do a better job for their community.
Stace could be the x factor in the 2014 goob race if he jumps in either the primary or as an independent. But he won't win because the GOP majority in the electorate pays no attention to issues, doesn't care who runs Pierre, but just votes Republican out of a blind habit. They're just conditioned that way and nothing will change that unless something really, really big happens. I think Stace knows that and will find another avenue to stir up the pot. Having said that, it would make the coronation of Daugaard's re-election more interesting.
I appreciate legislators taking a stand. The last two Gov's have taken money because they can, from the Aero fund to put down the hole in Lead without any concern from our legis. How is taking fuel tax and aircraft registration funds for that valuable project even moral if not legal?
The only way Conservatives can have their voice heard is if they run as Independents. A primary is not constructive because Daugaard, Rounds etc all know that they are in really strong position to win with a majority of voters in the party.
However if a Stace Nelson were to run for Governor as an Independent he would probably take 10-15% of the vote in the general and take mostly from a Republican candidate. That would make Daugaard listen to him and perhaps treat him with respect.
The way the dairy was pushed on Stace's constituents and the way Daugaard was rejected with the big jobs fund by the voters is all reason for Stace to rail against the current system.
If Stace wants to have a big seat at the table the threat of running as an Independent would increase the stakes.
According to SDPB at noon they intend to redo 235? This time only offering the money to big businesses that would not come here otherwise. The problem with what we voted down in November did not have that specific in it, if it had, it would have passed. So the legislature is going to do us a favor and pass this? Do I have this correct?
Crony capitalism at work making sure big money goes to big money supposedly to create a few jobs while small money is not available for small business which might create jobs all over SD and do it a lot more efficiently.
I think you can make the argument that corrections, and the courts are ordinary expenditures, and in a sense SB 70 is simply a innovative way of addressing a portion of those needs. But the five mill for the cheese subsidy? Dennis must really have been cheesed off when his five mill promise to his ami's de frommage went down on referral (I do crosswords, I don't speak french). Dennis, the people have spoken and they don't want you spending 5 mil on this. Why is that so hard to get?
I do not see Nelson going any further in state politics. He is unwilling to make common sense concessions to those in power, which means he will be targeted till they are able to get rid of him one way or another.
Nelson is foolish for thinking he can speak with candor an not have Daugaard and his cronies doing everything possible to erase Nelson off of the political landscape. They cannot afford to have such an outspoken conservative Republican opponent that everday South Dakotans can compare them to.
If Nelson had any sense, he would resign and leave the state before they really go after him..
You frightened me for a moment. I thought the amendment to remove the $5m - which I had suggested, and passed the committee, was somehow put back. It was not, and I am not done with the knife when it comes to the Senate.
Stan A
What, Stan? The extra five million for GOED "operating expenses" is still there. That is indeed the cheese subsidy. Did I miss something?
So Chicago Lawyer, Stace should just leave our State to the brigands? I think he has more guts than that, and a growing number of people are standing with him. People only have the power over us that we give them.
I do hope SD realizes that Gov Daugaard's Economic Board bills and its talking points comes from the marching orders of the National Governor's Assn. If you research this you can see it is funded by very progressive groups like the Tides Foundation, George Soros Foundation and many of the other "near totalitarian" groups as David Horowitz decribes in his recent book, "The New Leviathan". It would be well worth the effort to read this and then we would not be so shocked when our Governor comes up with these progressive and unconstitutional ideas. With his determination to bond Government and Business he is walking way too close to the Italian Fascist who claimed, "Fascism should more appropriately be called Corporatism because it is a merger of State and corporate power."
Mussolini
Lora, can you send us a link to the NGA talking points to which you refer? And to what extent do you think that your message on NGA Mussolini-style totalitarianism will help any challenger unseat Governor Daugaard in 2014?
Take a look at amendment 1060me, then look at the lines that were deleted before the bill went to the house floor, and were not changed on the floor.
Appropriations Motion to amend, Passed Amendment 1060me
1060me
___________________ moved that HB 1060 be amended as follows:
On page 48 of the printed bill, delete lines 1 to 4, inclusive.
1060me
___________________ moved that HB 1060 be amended as follows:
On page 48 of the printed bill, delete lines 1 to 4, inclusive.
- 48 - HB 1060
1 Section 138. That chapter 30 of the 2012 Session Laws be amended to be adding thereto a
2 NEW SECTION to read as follows:
3 Section 38. The state treasurer shall transfer to the employer's investment in South Dakota's
4 future fund five million dollars ($5,000,000), from the state general fund.
5 Section 139. That chapter 30 of the 2012 Session Laws be amended to be adding thereto a
6 NEW SECTION to read as follows:
7 Section 39. The state treasurer shall transfer to the research proof-of-concept fund five
8 hundred thousand dollars ($500,000), from the state general fund.
There you have it, it passed the house without amendment.
Now when it comes to the Senate I am hoping for more cuts in 1060.
Stan A
I'll be darned, Stan! So what's the five million added for GOED operating expenses in Section 3?
Maybe instead of asking Stan, we should ask the people who crafted the bill.
Check that...we should demand answers from the people who crafted the bill.
An enterprising media outlet should demand the emails etc. behind the bill through a FOI.
Heck, the Governor, his son-in-law and the rest of his staff are good, upstanding Christians who would be glad to tell you the details behind the bill. Certainly they wouldn't try bury anything in the bill.
Shoot, there are a bunch of representatives and senators who voted for this who certainly know what the $5M is for.
Ask them...(hint to Montgomery, Woster and Mercer)
Senators Mickelson? Haggar? Bolin? Wismer? Romkema? Dryden? Carson? Hawley? Werner?
Anything you would like to tell that tax payers about their vote last fall?
Are you all saying...and agreeing with the governor...that we are all stupid and lazy?
This appears to be nothing more than a big middle finger salute to tax payers for rejecting the large project fund in the last election.
If it's not, then I'm sure that all the SD GOP members will be willing to go on the record loud and proud that this is all on the up and up.
Get them on the record and if they lie...we'll know it's business as usual.