Legislator offering the counterpoint to Proposed Medicaid Expansion; Welfare Expansion Will Make South Dakota Sick

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Governor Daugaard has been taking the lead in formulating a way to allow Medicaid Expansion in South Dakota to happen.  He’s been working with the federal government to come up with a plan for expansion if there is no additional cost to the state. The idea is that the change in treatment of Indian Health Service related costs would save the state more money than it costs to expand.

However, not everyone agrees, and some argue that while it might look good on paper, we need to consider the effect on society an expansion of this nature represents.   Watertown State Representative Lee Schoenbeck has been one of the legislature’s strongest voices in opposition to the expansion on that basis.

This week he’s authored a column on the topic which appeared in the Watertown Public Opinion, is on the Argus Leader’s web site, and has been provided to the SDWC for your reading:

  Welfare Expansion Will Make South Dakota Sick

Medicaid is a federally designed welfare program, which Obamacare encourages states to expand. In the 17 states with statistics available on Medicaid expansion, on average 63% more individuals applied for this component of Obamacare than the states had projected. In November we were told this expansion would add 44,000 South Dakotans to the welfare rolls. By December that number had increased to 55,000. Based upon the experience of the other states, South Dakota would likely see almost 90,000 citizens added to the welfare rolls if we do this expansion. Over 10% more of our state’s population that would be looking to the remaining taxpayers for free health care. At least 75% of those new welfare recipients are able-bodied and without dependents.

By Lee Schoenbeck a trial lawyer, mechanic’s kid, and legislator from Watertown, SD
By Lee Schoenbeck a trial lawyer, mechanic’s kid, and legislator from Watertown, SD

State officials met with then-Obama HHS Secretary Sebelius and said South Dakota would consider expanding this welfare program if we could require the recipients to work. Seems like a reasonable request, the South Dakotans paying for the program have to work. Secretary Sebelius dismissed the request as a non-starter! The Obama administration’s refusal to consider this reasonable requirement is enlightening. It means they don’t care about health care coverage so much as they care about creating unrestricted government dependency. Encouraging pride and some level of self-reliance for welfare recipients through earning the benefits is unacceptable to the Obama administration.

Opposing more welfare is not foreclosing health care coverage, and our family has experience with this situation. When dad was home disabled, mom took a job as a kitchen aid at the local nursing home. I remember mom telling us she did it for the health insurance. For our family, it just seemed like a natural continuation of the teachings of commitment, hard-work, and responsibility that had always been our parents’ lives. Today the politicians would – by their policy positions – preach against those qualities and those actions. They would encourage welfare, instead of work. They would send a message to young people of the value of looking to the government, and not the values our parents taught us.

States that have bought into the Obamacare deal have largely underestimated the number of eligible welfare recipients, many by up to 100%. It’s easy to see why. Free concentrates and creates demand. Run an ad offering free anything, and see how much demand you will create. Now tell people that you have an option for free health care that only requires them to either not work or reduce their work – its not rocket science to understand the consequences. People will adjust their lives and income so that they can qualify for free.

Understand, this is a government welfare program, not a health program. If the goal was health, the federal government would require (or at least let state’s require) that the welfare recipient not smoke, and be on a program to manage obesity – two huge health care cost drivers. But, the Obama administration will not allow these conditions either.

These 90,000 new welfare recipients will have to pay no deductible and no copayment. The financial skin in the game that makes the taxpaying South Dakotan’s think twice about overusing expensive health care resources, doesn’t exist for the Medicaid recipient.

There are some big players in South Dakota exerting pressure on the Governor because they want access to these federal funds, but their gain comes at too great a cost to the citizens of this state. Today the Obamacare advocates describe their new arbitrary mark – taxpayer funded health care for all who keep their earnings below 138% of the poverty level – as the mark where we really are caring and loving. Given their way, in five years that number will be 175%, and if given enough time they will get to where they set out for at the beginning of this Obamacare march – government owned and operated health care.

There is no such thing as free federal money. The brunt of the higher cost of this new welfare program will fall on those current programs that rely on our current Medicaid appropriations – the impoverished elderly in our nursing homes and the severely disabled in our community based facilities – people that really need and deserve our welfare tax dollars. Unlike the Obama Administration, South Dakota lacks the ability to print money or go into debt. The South Dakota legislature needs to bring sanity to this debate.

Release: Secretary of State Certifies 5th Ballot Measure

Secretary of State Certifies 5th Ballot Measure

Pierre, SD – Today, Secretary of State Shantel Krebs announced that An initiated measure to Revise State Campaign Finance and Lobbying Laws, Create a Publicly Funded Campaign Finance Program, Create an Ethics Commission, and Appropriate Funds was validated and certified to be on the November 2016 general election ballot as a ballot measure the citizens will vote on. The sponsor turned in 24,532 signatures to the Secretary of State’s office. An Initiated Measure requires 13,871 signatures from South Dakota registered voters. Once the signatures were delivered to the Secretary of State’s office, a 5% random sampling was conducted. It was determined that 73.8% or 18,122 of 24,532 signatures were in good standing. This will be Initiated Measure 22.

This is the fifth initiated measure to be approved by Secretary of State. A total of 8 measures were submitted for review. This office will continue the signature validation process of the remaining 3 measures in the order they were submitted to the Secretary of State. A total of 275,000 signatures were submitted among all petitions.

Those looking to challenge the Secretary of State’s certification of a ballot measure have 30 days from the date they are certified, which would be February 5, 2016.

Butte County State’s Attorney Heather Plunkett tenders her resignation to Butte County Commission

Tonight, a notice went out to members of the media from Heather Plunkett announcing her resignation as Butte County State’s Attorney:

Good evening everyone.  I filed my letter of resignation with the Butte County Auditor and it has been submitted to the Butte County Commission for review.

Very Truly Yours,
Heather L. Plunkett

Plunkett had been arrested and pled guilty on December 23rd of 2015 to possession of marijuana, less than 2 ounces, possession of drug paraphernalia, and ingesting substance other than alcohol. All were misdemeanor charges.  At the time she had offered her apology and initial statement on her arrest, but noted that she would make her intentions concerning her position as State’s Attorney.

Rounds Statement on President Obama’s Gun Control Announcement

RoundsPressHeader MikeRounds official SenateRounds Statement on President
Obama’s Gun Control Announcement

PIERRE—U.S. Senator Mike Rounds (R-S.D.) today issued the following statement on President Obama’s recently announced gun control executive actions:

“The executive actions the president announced today will make it more difficult for law-abiding citizens to legally obtain firearms and do nothing to fix the problem of gun violence,” said Rounds. “Criminals and terrorists aren’t going to obey the law anyway. I will continue to fight against the president’s endless attack on our 2nd amendment rights.”

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Press Release: South Dakota PUC certifies Keystone XL Pipeline construction permit

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South Dakota PUC certifies Keystone XL Pipeline construction permit

PIERRE, S.D. – The South Dakota Public Utilities Commission today determined that the certification filed by TransCanada Keystone Pipeline to construct the Keystone XL Pipeline in South Dakota is valid. The decision was made by commission members Chris Nelson, Kristie Fiegen and Gary Hanson at a regular PUC meeting in Pierre, S.D., on Jan. 5, 2016.

“State law narrowly defines the certification question we voted on today,” said PUC Chairman Nelson. “This was not a question of whether the permit should have been issued in 2010; rather, it was whether TransCanada filed a valid certification stating that the company can meet the conditions attached to the original permit. Opponents failed to prove that the certification was not valid. We all understand, however, that the pipeline cannot be constructed without a presidential permit,” Nelson continued.

“My vote today to accept Keystone XL’s certification takes proper account of the controlling law enacted by the legislature that guides our actions in this docket,” stated Kristie Fiegen, PUC Vice Chairman. “Due process has been delivered. The commission considered a host of motions, allowed a vast amount of discovery to be gathered, provided an opportunity for all to properly argue their case, and enabled compilation of a complete written and oral record that addressed the conditions first established in the Keystone XL Pipeline construction docket,” Fiegen concluded.

“We made it clear from the very beginning of this process that in order to prohibit the Keystone XL Pipeline certification, proof would need to be presented that TransCanada cannot meet the conditions set by the PUC in 2010,” Commissioner Gary Hanson said. “Through this protractive and open process, the validity of Keystone XL’s certification has been thoroughly vetted. There has been no evidence provided that shows TransCanada Keystone XL will be unable to meet the requirements of the permit. If the company secures a presidential permit and the pipeline is built, the PUC will monitor the progress to ensure the construction conditions are met,” Hanson said.

TransCanada came before the PUC in March 2009 with its request to construct the Keystone XL Pipeline across parts of western South Dakota. The commission approved an amended final decision and order on June 29, 2010. Because TransCanada did not begin construction on the Keystone XL Pipeline in South Dakota within four years of the permit being issued, state law requires the company to certify to the PUC that the facility continues to meet the conditions upon which the permit was granted.

TransCanada Keystone Pipeline filed the certification with the PUC on Sept. 14, 2014. Since then, the PUC has reviewed thousands of pages of filings by parties; held numerous meetings at which motions offered by intervenors, TransCanada and PUC staff were discussed and decided; and conducted a nine-day evidentiary hearing.

The commission granted intervenor status to all 30 individuals and 12 organizations that requested it, allowing them full participation in the certification docket including the ability to file legal motions, request discovery (facts or documents), present testimony and evidence, and participate in the evidentiary hearing. Three intervenors withdrew from the docket in the spring of 2015. The remaining intervenors included landowners along the pipeline route, Native American tribes, environmental groups, grassroots membership organizations, and interested individuals from South Dakota, Nebraska, Minnesota and New York.

Approximately 100 people attended a public input session at the State Capitol in Pierre on July 6, at which 52 commenters offered verbal statements to the commission about the Keystone XL Pipeline certification. Several hundred written comments were submitted to the PUC throughout the course of the proceeding.

The evidentiary hearing was held in Pierre on July 27-Aug. 1 and Aug. 3-5, during which the commission heard testimony and accepted evidence from TransCanada, PUC staff, and intervenors.

The pipeline route in South Dakota has an estimated length of 315 miles that will cross portions of Harding, Butte, Perkins, Meade, Pennington, Haakon, Jones, Lyman and Tripp counties. The project also includes seven pump stations to be located in Harding, Meade, Haakon, Jones and Tripp counties. The plans specify two pump stations each in Harding and Tripp counties. The pipeline will transport crude oil starting in Hardisty, Alberta, Canada, to Steele City, Nebraska.

The PUC expects to issue its written final decision and order in the coming weeks. That document will be part of the full docket found on the PUC’s website at www.puc.sd.gov, “Commission Actions,” Commission Dockets,” “Hydrocarbon Pipeline Dockets,” “2014 Hydrocarbon Pipeline Dockets,” Docket HP14-001 – In the Matter of the Petition of TransCanada Keystone Pipeline, LP for Order Accepting Certification of Permit Issued in Docket HP09-001 to Construct the Keystone XL Pipeline.

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Marty Jackley: Release of Further Information on the Westerhuis Fire and Death Investigation

jackleyheader2 Marty JackleyMarty Jackley: Release of Further
Information on the Westerhuis Fire and Death Investigation

PIERRE, S.D. – Attorney General Marty Jackley is releasing the following additional information arising from the Westerhuis fire and death investigation.

“Forensic evidence and the totality of the investigation continues to confirm that Scott Westerhuis was responsible for the death of his family, before setting fire to his home and taking his own life,” said Marty Jackley. “I also want to re-assure the public that the joint state and federal criminal investigation into the financial circumstances surrounding the Gear-Up and related programs remains an ongoing priority. Any information from the public that may assist law enforcement with our financial review would be greatly appreciated,” said Jackley.

On September 17th, 2015, a catastrophic house fire occurred at the Westerhuis residence located at 36705 279th Street, Platte, SD. On September 22nd, 2015, preliminary autopsy reports were released indicating that the cause and manner of death for Nicole, Kailey, Jaeci, Connor and Michael Westerhuis were homicide by shotgun wounds, and the cause of death for Scott Westerhuis was shotgun wound with manner of death as suspected suicide based on investigation findings.

On November 3rd, 2015, Attorney General Jackley joined state, local and federal law enforcement and first responders at a press conference in Platte and released the final fire and death investigation results confirming that the totality of circumstances indicated that Scott Westerhuis was responsible for the death of his family. It was further released that a joint state and federal investigation into the financial circumstances surrounding the Gear-Up Program remained an ongoing priority.

During and since the press conference, further questions have been asked regarding the following three general areas:

  1. The 2:57 a.m. call from the Westerhuis landline to Nicole Westerhuis’ cell phone; and
  2. A white pickup traveling through Platte on the morning of September 17th, 2015;
  3. Safety or lock deposit

As demonstrated by the further release of this information, none of these items provide evidence that anyone other than Scott Westerhuis was responsible for the tragic loss of his family.

I)                 Video of White Pickup

On the morning of September 17th, 2015, an individual driving a white pickup with a trailer delivered a load of pheasants from a farm in Gregory County to a pheasant hunting preserve north of Platte. Law enforcement has reviewed the gas station surveillance video of the vehicle coming and going through Platte, interviewed the driver of the truck, the pheasant raiser, and obtained the invoice from the day of delivery. The route is consistent with the video, including the trip to the hunting preserve and on the return trip having the pheasant crates empty and stacked up and ratcheted down. All individuals involved have been cooperative with law enforcement.

II)              The 2:57 a.m. call from the Westerhuis landline to Nicole Westerhuis’ cell phone

Phone records demonstrate a call from the Westerhuis landline to Nicole Westerhuis’ cell phone. The call began at 2:57:54 and ended at 2:58:37, lasting 43 seconds. It is believed that Nicole’s cell phone device and any voice message on the device were destroyed in the fire. On September 24th, 2015, seven days after the tragic incident, MCEC deactivated Scott and Nicole’s cellular telephones.   Verizon, as the carrier, contracts with a third-party to provide voice messaging service. The third-party only retains voice messaging while a cell phone is active. Once the deactivation occurred, the actual voice message could not be retrieved by the third-party carrier.

Further investigation has confirmed the installation of an automation alarm system in the Westerhuis residence approximately three-years ago. The fire alarm system is tied to the residence’s landline. The system was programmed to first call Scott Westerhuis’ cell phone and then Nicole Westerhuis’ cell phone in the event of a fire alarm. Consistent with the alarm programming the first call came to Scott Westerhuis’ cell phone at 2:56:35 and ended at 2:57:45. Nine seconds later came the second call to Nicole’s cell phone starting at 2:57:54 and ended at 2:58:34. Although the voice mail on Nicole’s actual cell phone is believed to be destroyed and Verizon’s third-party carrier did not maintain the actual voice mail message, the follow-up investigation with the alarm installation company has confirmed that the call from the Westerhuis’ landline to both cell phones in the order programmed would have been consistent with and in all likelihood the automated alarm notification.

III)            Safety or lock deposit boxes.

The investigation has involved two safety or lock deposit boxes. First, there was a bank deposit box that had been obtained by Scott Westerhuis. Law enforcement executed a search warrant on November 11th, 2015, in relation to the safety deposit box. Although the Search Warrant Return has been filed, consistent with the Order to Seal it is not appropriate to disclose the specific contents at this time. Generally, there was nothing of evidentiary value in relation to the death investigation.

At different times witnesses have also described a safe or lock box contained in various locations on the Westerhuis property. It is generally described as a small, portable, gray safe or lock box. Law enforcement has on two separate occasions, when processing the fire scene and subsequent search, specifically looked in the location areas witnesses described. Based upon statements from witnesses, the safe is believed to be similar in nature to the SentrySafe 1100 Fire-safe chest that provides only a ½ hour of fire protection. Safes of this nature generally have limited fire protection capability based upon amount of heat and duration. In the event the public has any further information regarding the safe of this general description including surrounding its purchase, we are kindly requesting it be provided to law enforcement.

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Is there something to be accomplished here? Don’t count me as supporting these guys.

I don’t think anyone in South Dakota would deny that at times the federal government seems to have a tendency to manage federal lands like a pack of idiots. I don’t think any rancher grazing on federally controlled grasslands would disagree.

When protesters swoop in, such as they have in Oregon, I’m sure they’re acting out of a sense of frustration. But, is it justification for also acting like a pack of idiots? I can’t imagine it’s not going to cost taxpayers hundreds of thousands of dollars dealing with their tantrum.

As you’ll note in the attached clip, Fox News’ Megyn Kelly skewers one of their leaders when she points out that whole “rule of law” thing, and they very quickly backtrack from their “pledge to die for their beliefs.”

In this instance, I’m not sure how they’re better than the Black Lives Matter groups that infringe on the rights of others when they too intentionally block traffic, commerce, and protest on private property.  Even the family of the person they’re claiming to be protesting for is disavowing them.

Throughout the siege, Bundy has claimed the two ranchers were targeted for not selling land to the government.

But the father-and-son ranchers have distanced themselves from the group.

“Neither Ammon Bundy nor anyone within his group/organization speak for the Hammond family,” the Hammonds’ attorney, W. Alan Schroeder, wrote to Harney County Sheriff David Ward.

Read that here.

So, why are they there?

Yes, our democracy affords them the opportunity and ability to express their freedom of speech in protest. So good, go protest.

But when the law of the land has spoken, it serves little purpose to take over buildings and claim you’re ready to die, as the rest of us are forced to deal with it.

More candidates popping up out there. But isn’t there one missing?

Now that I’m done giggling over someone’s plagiarism causing them to inadvertently promote dakotawarcollege.com, the word is out there that a few more people have petitions out to run for the state legislature.

State Representative Dan Kaiser is said to have his petitions out in the Aberdeen community for another run at the State House.  And the word out west is that Tim Goodwin of rural Hill City may be a candidate for the State House in District 30 giving us a 4-way primary instead of a three-way.

But isn’t there one missing?  Weren’t we promised a candidate?

I distinctly recall South Dakota Democrat Chair Ann Tornberg promising that Democrats would have a candidate for US Senate.  They went all last year – when a legitimate candidate would have been running – and ended 2015 without a candidate to their name.

Now we’re starting to creep through January, when desperation should be kicking in, and they still don’t have one.

And the campaign season continues to roll on…..