US Senator Mike Rounds’ Weekly Column: A Long-Term Highway Bill for South Dakota

RoundsPressHeaderMikeRounds official SenateA Long-Term Highway Bill for South Dakota
By Senator Mike Rounds

A healthy economy is dependent on a strong and reliable transportation system. In South Dakota, we rely on the Interstate System and the National Highway System to travel across the state to do business and visit friends and family in other towns. We, and others, also use these roads to transport roughly $20 billion in goods each year. All of this wear and tear on our highway system means our roads and bridges must be regularly repaired and updated. But this routine maintenance has become increasingly difficult in recent years due to Washington gridlock that has prevented a long-term highway bill from being reauthorized. Fortunately, the era of short-term highway funding extensions is over.

The Republican-led Senate and House recently passed a much-needed, long-term transportation bill to fund America’s highway and transit program for the next five years. The bill, called the Fixing America’s Surface Transportation (FAST) Act, allocates $1.6 billion for South Dakota transportation projects over the next five years. It passed the House and Senate with strong bipartisan support and was signed into law on December 4, 2015.

This is the first time in more than a decade that any kind of long-term highway bill has been enacted. For the past 10 years, highway funding had been authorized by 36 temporary, short-term patches. This has made it much more difficult for contractors, states and local governments to plan for the future. Finally, under the FAST Act, they will now have the certainty they need to efficiently execute both major transportation projects and conduct necessary routine maintenance. This will allow them to implement a long-term, strategic plan to restore, repair and update important infrastructure like roads, tunnels and bridges, which will make travel easier and safer. It will also spur job creation and economic growth across the country, including rural states like South Dakota.

Additionally, the FAST Act increases funding for the existing Tribal Transportation Program that addresses tribal road and bridge needs. Tribes will have increased funding to fix roads in need of repair on tribal land, making them safer and spurring economic development in Indian country.

Our veterans will also benefit from a provision of the FAST Act that will expand opportunities for young vets with a commercial driver’s license (CDL) and help them transition into civilian life after their service. Under the pilot program, veterans 18 and older will now be able to make trips across state lines with their CDL. The age used to be 21, as it is for civilians. This will help these veterans to use their military skills to help them find employment after they return from being deployed.

The FAST Act gives long-term certainty that is needed by states and local governments to plan projects efficiently. For the first time in ten years, we will be able to fix the rusted-out bridges and crumbling roads that Americans drive on every day. We will make them safer and more reliable for families and businesses in South Dakota and across the country.

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Congresswoman Kristi Noem’s Weekly Column: Home for Christmas

noem press headerkristi noem headshot May 21 2014Home for Christmas
By Rep. Kristi Noem

From the time that I was a little girl, Bing Crosby’s “I’ll Be Home For Christmas” has been one of my favorite Christmas songs.  I remember singing along with it while it played on the radio and I admit that I didn’t grasp the song’s true weight until I got a little older.

The lyrics were originally written in 1942 – just months after the bombing of Pearl Harbor.  Many of our young soldiers wouldn’t make it home for the snow or mistletoe that year.  They would be spending Christmas away – many of them for the first time.

This year, 162 soldiers from the Rapid City and Wagner-based 155th Engineer Company of the South Dakota National Guard will be spending Christmas in sandstorms instead of snowstorms.  In August, they left for a one-year deployment to Kuwait.  These families are in my thoughts and prayers every day, but especially in this holiday season.  I can’t imagine that this time of year is easy for them.

Despite the sacrifices, thousands of South Dakotans stand up each year in service to our country.  I’m always humbled by the fact that our state has one of the highest National Guard service rates in the entire country.  It’s a tremendous testament to the courage and sense of duty that is instilled in South Dakota’s young people.  And like in so many other areas, when South Dakotans do something, we do it well.

The 114th Fighter Wing, for instance, is one of the nation’s premier flying units.  The Sioux-Falls based “Flying Lobos,” as the 114th is called, has been nationally recognized for its accomplishments.  It has an excellent safety record, experienced airmen, and the unwavering support of the Sioux Falls community.

Over the next year, the U.S. Air Force will be looking for the next units to assign the new F-35 Joint Strike Fighter.  Because the 114th has consistently been recognized as one of the top flying squadrons in the country, it seems like the ideal location.  I – alongside Senators Thune and Rounds, Governor Daugaard and Adjutant General Reisch – reached out to Air Force Secretary Deborah Lee James earlier this month about this.  We encouraged her to base the new technology within one of the nation’s most elite squadrons: the South Dakota National Guard’s 114th Fighter Wing.

We are still a few years off from a final decision and the F-35s won’t be shipped to the selected Guard units until 2022 or beyond, but I’m hopeful the 114th will be able to play a leading role in this new demonstration of military strength.

South Dakota has a proud history of service with the National Guard.  The sacrifices made – the holidays that have had to be missed – will not be forgotten, nor will they go unappreciated.  Thank you to all who have served and to the families who have made the sacrifices alongside them.  I am incredibly and sincerely grateful for all that you do in service to our country.

This holiday season, I hope you join me in keeping all our service members, their spouses, their parents, and their children in your hearts, minds and prayers.

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Governor Daugaard’s Weekly Column: Considering Our Options On Medicaid

daugaardheader Daugaard Considering Our Options On Medicaid
A column by Gov. Dennis Daugaard:

In the past, I’ve been unwilling to support expansion of Medicaid in South Dakota. Without a plan to cover the state costs, I have opposed expansion. But I have never said “never,” and there may be a way to cover our costs completely.

Since last spring the state has been in discussions with the federal government and South Dakota tribes about the way healthcare services are provided to Native Americans. The United States Government strives to meet their treaty obligation to provide health care to Native Americans through the Indian Health Service.

Many Native Americans in South Dakota are not able to be served by IHS, however. This can be because there is no IHS facility in their area, because IHS doesn’t have specialists available, because of long wait times or because IHS funding for the fiscal year is exhausted.

No matter the reason, when a Native American who is Medicaid eligible does not seek care through IHS, but instead goes to another provider, part of the cost is shifted to the state. When South Dakota must cover these costs, it is because the federal government is not meeting its treaty obligation.

If more Native American health care expenditures could be 100% federally funded – as the treaty requires – the state could save up to $67 million per year. That would be enough to cover fully the state’s costs to expand Medicaid.

In the past, the federal government has not been receptive to fixing the cost shifting problem. Gov. Janklow tried to change it and couldn’t. Gov. Rounds sued over it and lost. But now, the federal government is willing to listen. For the first time, we have the opportunity to solve this longstanding problem.

But it is only possible if we expand Medicaid at the same time. Any change to our state Medicaid program is subject to approval by HHS and requires tribal consultation. They will not approve a change in how IHS reimburses our state unless we use the proceeds to fund expansion.

This is a very complex area and making something work will be difficult. I cannot tell you today that everything will come together. But if it does, we should seize the opportunity. Making this change would benefit Native Americans and others who would gain health coverage. It would also save funds for counties, jails and prisons, hospitals, and other Medicaid providers.

I know many South Dakotans are skeptical about expanding Medicaid, and I share some of those sentiments. It bothers me that some people who can work will become more dependent on government. It bothers me that a single adult could choose to go on Medicaid rather than work a minimum wage job to qualify for insurance on the health insurance exchange.

But we also have to remember those who would benefit, such as the single mother of three who simply cannot work enough hours to exceed the poverty line for her family.

I also want to be clear: This is not a done deal. Our talks with the federal government have been promising, but there is much work to be done. There is still the potential for this effort to fall through.

I will not support expansion unless our savings cover costs anticipated next year, and every year through State Fiscal Year 2021. I will not support expansion unless HHS and IHS do what they need to do to make it work. I will not support expansion unless our tribes agree with these changes. And I will not support expansion unless the Legislature supports it also.

This is a complicated decision and we all have to weigh the positives and negatives. In my mind, the opportunity to end this longstanding IHS reimbursement issue, to gain coverage for more South Dakotans, to improve health care for Native Americans, to save money for counties and Medicaid providers, and to potentially save millions in state dollars outweighs the negatives.  If we can make the money work, we should seize this opportunity.

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USD CR’s are going to CPAC too. Send them some love from the readers of SDWC.

In addition to the Augie CR’s going to CPAC, the USD College Republicans are heading to the “Super Bowl of Conservatism” as well:

For the last two years the University of South Dakota College Republicans have attended the Conservative Political Action Conference in Washington D.C, and this year we’re asking for your help. This year’s event is March 2-5.

and..

By donating to our GoFundMe page, you will help us pay for our tickets to the event and hotel room in our nation’s capital. Any amount would be greatly appreciated. Thank you for your time, and support in helping us advance the conservative message.

Thank you and God Bless.

Read that, and donate to the USD College Republicans here.

That was quick. Anyone want to be a City Commissioner?

From the City of Brookings website:

The Brookings City Council is now accepting applications for the soon-to-be vacant City Council Member position left by Council Member Scott Meyer’s resignation. The appointment term would be from February 10, 2016 – April 30, 2016. Applicants must be a Brookings resident for a minimum of six months and registered to vote in Brookings.

Read (and apply) here.

Meyer just won the seat in April of this year, and would have been sworn in at the July meeting, so that was a brief tenure.

South Dakota Joins Further Challenge to EPA Authority Removing State Decision Making

jackleyheader2 Marty JackleySouth Dakota Joins Further Challenge to EPA Authority Removing State Decision Making

PIERRE – Attorney General Marty Jackley announces today that South Dakota has joined 21 other bipartisan State Attorneys General in an Amicus Curiae or “friend of the Court” challenge to the EPA’s continued “interpretation” to expand its authority under the Clean Water Act (CWA). The case is American Farm Bureau Federation v. United States Environmental Protection Agency and led by the Attorneys General of Kansas, Indiana and Missouri.

“The EPA is overstepping its Congressional authority and removing the states’ decision making authority,” said Jackley. “The EPA expansive interpretation and complex regulatory requirements harm and create continued uncertainty for the agriculture community and small businesses.”

The Third Federal Circuit has deferred to the EPA’s interpretation of the words “the total maximum daily load, (TMDL)” permitting the EPA to impose complex regulatory requirements that do much more than cap daily levels of total pollutant limits and displace powers reserved to the States. The brief argues that this decision is contrary to the CWA plain language and destroys the Act’s cooperative federalism framework. The decision allows the EPA to micromanage state and local governments’ decisions regarding land use and development. The brief contends the EPA used the Chesapeake Bay TMDL to extend its authority beyond that permitted by the CWA when it purported to regulate “upstream” States even though no part of the Chesapeake Bay is located within those States.

There is no cost to join as amicus curiae other than the inclusion of some attorney consultation time in support of the multi-state briefing. The following states have joined: Kansas, Indiana, Missouri, Alabama, Arizona, Arkansas, Colorado, Georgia, Kentucky, Michigan, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Wisconsin, and Wyoming.

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Next Stop for Thune’s Bipartisan STB Reforms: President’s Desk

thuneheadernew John_Thune,_official_portrait,_111th_CongressNext Stop for Thune’s Bipartisan STB Reforms: President’s Desk

“By finding common ground among many different rail customers, shippers, and railroads themselves, we are reforming the STB for the first time since the board’s establishment in 1996.”

WASHINGTON U.S. Sen. John Thune (R-S.D.), chairman of Senate Committee on Commerce, Science, and Transportation and lead Senate sponsor of S. 808, the Surface Transportation Board (STB) Reauthorization Act of 2015, issued the following statement after the U.S. House of Representatives approved the bill by voice vote:

“When the ability to transport products to and from South Dakota is jeopardized, it’s the farmers, ranchers, businesses, and ultimately the consumers who pay the price,” said Thune. “This bill, which I hope is signed into law without delay, will help address the uncertainty encountered by businesses and agriculture producers who are forced to deal with the STB, and it will increase the board’s accountability. By finding common ground among many different rail customers, shippers, and railroads themselves, we are reforming the STB for the first time since the board’s establishment in 1996. This is good news for states like South Dakota that depend on freight rail as a critical tool for shipments – coming or going.”

The Senate Commerce Committee approved S. 808 by voice vote on March 25, 2015, and it cleared the Senate by unanimous consent on June 18, 2015. The bill now heads to the president for his signature.

Highlights of S. 808:

  • Improves the STB’s current dispute resolution process by setting timelines for rate reviews and expanding voluntary arbitration procedures to address both rate and service disputes;
  • Ensures the STB has the authority to proactively resolve problems before they escalate into larger disputes by providing the STB with the ability to initiate investigations on matters other than rate cases; and
  • Improves the STB’s structure and decision making processes by expanding the board membership from three to five, and with proper disclosure, allows board members to talk with one another.

The STB is the federal regulatory body responsible for economic oversight of the nation’s freight rail system. Run by a three-member bipartisan board, the agency has regulatory jurisdiction over railroad rates, mergers, line acquisitions, new rail-line construction, line abandonment, and other rail issues. The STB was created by Congress in 1996 as the successor to the Interstate Commerce Commission. Since that time, the STB has not been reauthorized or substantively reformed.

The Senate Commerce Committee, of which Thune serves as chair, has jurisdiction over our nation’s freight and passenger railroads, and is a member of the Senate Agriculture Committee. In addition, Thune previously served as South Dakota State Railroad Director under former Governor George S. Mickelson from 1991-1993. At Thune’s request, the U.S. Department of Agriculture issued a report earlier this year that concluded the rail backlog in 2013 and 2014 lowered corn, wheat, and soybean prices in the Upper Midwest and caused shippers to pay record-high railcar premiums, 28 to 150 percent above the average previous levels for roughly 65 consecutive weeks.

Click here for a copy of S. 808 and here to see what stakeholders are saying about Thune’s bill.

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Fred Deutch column in Argus: Consider bill that ‘treats transgender students with sensitivity’ in a reasonable manner

State Representative Fred Deutsch is talking more about his legislative measure to keep boys in the Boys locker room, in the face of ridiculous federal legislation:

The bill is needed for a number of reasons that developed since April 2014, when the Obama administration issued what it identified as a “significant guidance document” and established a new interpretation of federal non-discrimination laws (Title IX) to include “gender identity.”

and…

This past month they found an Illinois school district violated Title IX anti-discrimination laws when it did not allow a transgender student who was born a boy and still maintains boy private parts, to change and shower in the girls’ locker room. The school accommodated to every student request, including use of the girls’ shower room. However, because the school required use of a privacy curtain in the shower room, the federal government entered the picture.

The administration’s Office of Civil Rights ruled that the school cannot require the use of a privacy curtain, and must give the transgender student “unrestricted access to the girls’ facilities,” or lose millions in federal funding.

This assault is going on across the country.

and…

Last, the bill treats transgender students with sensitivity. It requires schools to accommodate requests by transgender students in the most reasonable manner available, short of allowing use of the other biologic sex’s showers, locker rooms or restrooms. The goal of accommodation is to allow students to equally participate in all educational and extra-curricular opportunities.

Read it here.

What do you think? While allowing them to participate in the sports opportunities for the gender they identify with, is it a reasonable compromise to disallow those with boy parts to shower with those with girl parts, and vice-versa?

You might need to watch your letter to the editors. Rapid City Alderman accused of pressuring non-profit to fire employee over newspaper column.

Did you catch this story a few days ago? If you didn’t, it’s one that should get your attention. Because the allegations made as part of a lawsuit might have a very chilling effect on how free you might be in exercising your right of free speech.

Because as one former employee alleges as part of a lawsuit – expressing his freedom of speech in a June 17, 2015 Rapid City Journal Column may have triggered pressure to his employer from a City Councilman resulting in his termination:

Former Rapid City Alderman Ron Sasso notified the city that he plans to sue for $885,000.

Sasso claims that then–City Council President Jerry Wright pressured his employers to fire him over an article Sasso wrote in the Rapid City Journal.

In a letter to the city council, City attorney Joel Landeen called Sasso’s claim “weak” and plans to bring the matter up at an executive session of the city council.

Read it all here.

How did this lawsuit come about? As I’m told, it all came up during a lawsuit filed against Rapid City,  Mr. Sasso’s name was brought up in a deposition with Rapid City Alderman Jerry Wright. And it would seem that Jerry Wright wasn’t exactly denying that he had words with Mr. Sasso’s employer about his political opinions:

Q Did you ever become aware that Ron Sasso supported your contender in this last election?

A Yes.

Q Did you ever contact his employer about his blog post?

A Yes.

Q What did you tell him?

A I told him that the statements made there were very unfair and inaccurate, and they did not reflect  well upon me, and very unfair. And I said, I don’t think that the comments that were made should be made by a person in his position. I felt that it looked — I said, you know, I support Black Hills Works, where he works, and I said, I think that your neutrality is an important part of your — part of being in this community.

And his statements were — I don’t know what they were based on. They were certainly not based on facts, in my opinion.

Q And which statements did you actually disagree with that he made?

A He said I was manager of the landfill for years when it was full of corruption.

Q So you didn’t like it very well when someone else was degrading your reputation. Is that fair?

A Well, when someone makes an irresponsible statement in the press, absolutely, because I ran that landfill for 23 years, and it was a simple case of a customer stealing money. And he was caught and shut down by me in February of ’06. And Mr. Sasso obviously wasn’t aware of that.

And the issue became very political when Sam ran in 2011, and I think there were a lot of statements made that were very irresponsible and grossly inaccurate.

And let me add this for the record. Talking about corruption, in the investigation of the landfill, I was never interrogated by any law enforcement or state’s attorney on any issue related to that, nor was I ever charged, nor did I ever attend the grand jury, or anything, for that matter.

Q So then —

A Another thing is Mr. Sasso was not aware of some of the evidence that we had at hand that proved contrary to what he was saying. But go ahead.

Q He was on the city council for one of your terms at the same time, wasn’t he?

A Yes, he was for two years.

Q What was your relationship with him during those two years?

A Sometimes good, sometimes not so good.

Q You earlier stated that the mayor, certain of his actions are as a politician. But you understand that whatever action he’s taking has effect on real people. For instance,  statements made on a radio, they would affect a real person.

MR. NOONEY: Objection; foundation.

A I can’t say they necessarily affected anyone. They could. They may or may not.

Q (BY MR. PEKARSKI:) Okay.

A Depends what they are.

Q Did you think Ron Sasso’s comments affected you?

A Absolutely.

It certainly isn’t the first letter to the editor written complaining about a politician, but it becomes unusual when the politician is so thin-skinned that, by his own admission, he contacts the writer’s employer, and complains about it as if the employer had anything to do with it.

When a City Councilman intimates that he could somehow hold it against them by stating “ think that your neutrality is an important part of your — part of being in this community,”  if that doesn’t cause a chilling effect on one’s rights to express a political opinion, I don’t know what would.

What do you think?

3 weeks until petitions can be circulated. Are you running?

Under current South Dakota State Law, petitions for office can start to be circulated on January 1st, officially kicking off the 2016 election season (we’re all just pre-gaming at the moment).

Has anyone come to a decision as to running (or not running) for office that hasn’t been mentioned yet?

Give us a shout out under the comment section!  Tell us what you’re running for and why.