Category: Uncategorized

Criminal Prohibition of Direct Conflicts of Interest by Public Officials Passes Full House

PIERRE, S.D. – Attorney General Marty Jackley announced today that SB 27, the Attorney General sponsored bill to Prohibit Certain Direct Conflicts of Interest By Public Officials has passed the full House. The House Judiciary Committee passed the bill on Monday, March 6, 2017.

“Public officials that illegally take taxpayer money that has been entrusted to them, violate the public trust and should be held responsible and treated as any other criminal thief. This legislation further removes the presumption for probation that limits the sentencing discretion for both the prosecutors and the courts in EB-5 and GEAR UP type financial cases. It also provides whistleblower protections for employees that report any inappropriate self-dealings and conflicts of interest. We wanted to encourage a state employee or others that see something going wrong like and EB5 or GEAR UP matter to feel confident to report without repercussion,” said Jackley.

SB 27 passed the House on a vote of 58 to  9.

“Thank you to both the Senate and the House for recognizing the importance of addressing the need to strengthen our laws in the interest of protecting taxpayer dollars,” said Jackley.

A public official who commits a criminal conflict of interest would be guilty of theft as set forth under existing law.     Under current theft law, when the value of the theft is

$1,000 or less, it’s a misdemeanor. If the value is greater than $1,000, it is a felony that further increases based up on the amount.

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Former Democrat and Obama man Mike Huether is apparently trying to look more Republican as this Democrat in Indy clothing prepares for a run for statewide office. What that office is, who knows, but he’s looking at something. From the Argus:

Huether still isn’t saying whether or not he plans to run for governor or U.S. House when his time as mayor ends next year, but a change of political affiliation and some recent political stances on a series of national issues make a statewide run looking more likely.

It was in December when Huether held a press conference announcing he was no longer a Democrat and would instead be a registered independent. He used the time to criticize U.S. House Democrats for sticking with Rep. Nancy Pelosi, D-Calif., as their minority leader. The party, he said, was moving too far to the left.

and…

“I would assume what he is doing is some sort of posturing,” said Emily Wanless, a political science professor at Augustana University. “A politician acts today in terms of the electorate he or she wants in the future.”

Although municipal offices are supposed to be non-partisan, there was no secret about his affiliation when he first ran for office in 2010. That’s not a winning recipe for South Dakota politicians of late. Wanless said aligning himself with the likes of Sen. John Thune and other notable Republicans on matters like school choice and the air traffic control topic and abandoning the Democratic Party are attempts to overcome any attempts future adversaries make to label him a big city liberal.

Read it here.

Thune, Brown Reintroduce Bipartisan Bill to Simplify Income Tax Collection for Individuals Working in Multiple States 

WASHINGTON — U.S. Sens. John Thune (R-S.D.) and Sherrod Brown (D-Ohio), members of the tax-writing Senate Finance Committee, today reintroduced the Mobile Workforce State Income Tax Simplification Act, legislation that would simplify and standardize state income tax collection for employees who travel outside of their home state for temporary work assignments. The bill would also help employers who must comply with withholding and reporting requirements. Under current law, individuals and employers face different state income tax reporting requirements in almost every state that vary based on length of stay, income earned, or both.

While some states require state income tax filing for as little as one day of work in the state, the Mobile Workforce State Income Tax Simplification Act would establish a common-sense 30-day threshold to help ensure that an equitable tax is paid to the state and local jurisdiction where the work is being performed while alleviating burdensome tax requirements on employees and employers. 

“In an increasingly mobile economy with an increasingly mobile workforce, the lack of consistent standards between states has become an enormous burden for taxpayers who try to comply with the law when they travel across state lines for business,” said Thune. “These compliance requirements cost time and money that could otherwise be spent growing a small business and creating more good-paying jobs. If enacted, this bipartisan legislation would create a clear and universal threshold that would help simplify state income tax filings and make it fairer for residents in states, like South Dakota, that don’t have an income tax.”  

“Filing a tax return can already be confusing enough – we shouldn’t make it tougher for folks who do business in multiple states,” said Brown. “With a simple fix, we can make filing taxes easier for workers who travel while also cutting burdensome red tape on businesses so they can focus on job creation instead of keeping up with dozens of state tax requirements.”

The bipartisan Mobile Workforce State Income Tax Simplification Act is supported by over 300 organizations and business groups nationwide, including the South Dakota CPA Society. 

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The line in Field of Dreams was “if you build it, they will come.”  In politics, the phrase should be “If more than two gather, you’ll see politicos,”  as they’ve been thick at the Summit League Tournament this week. (All photos are from facebook:)

Don’t you hate it when you’re at an event, and that guy in front of you won’t sit down?

Date night with Congresswoman Kristi Noem & her husband Bryon.

Two Republican Constitutional officers together at an event? Someone must be serving a rubber chicken meal before the speeches!

In politics, you learn early on to hide your beer behind the other person when photos are taken.

Are there any I missed? Send them my way!

Here’s one for all of you who obsess over photography.

One of the things I’ve always prided myself on when it comes to Dakotawarcollege is the fact that this site is more oriented towards integrating graphics and photography into the site than some of the other political blogs in the state.

Over the years, I’ve felt it’s important to capture things in time, and I’ve accordingly invested time and money in my equipment.

After starting with a 5 megapixel Olympus C5050z Camera (that I broke a knob off of) with a add on telephoto attachment taking photos of John Thune up on the stage at the Republican National Convention in NYC, I moved to a Nikon D5000 which served me well for a number of years, until I decided to go with the best I could afford.

At that point, I moved to my current camera, My 36.3 Megapixel D800, which is an absolute workhorse. And it’s a major challenge.

While I was comfortable with what my D5000 could do, after 4 years I still feel I’ve barely scratched the surface of what my D800 can do.  There’s a newer model I wouldn’t mind (the D810), but I think it’s silly to consider another upgrade at this point.  Because I know even with an upgrade out there, it’s one of the best cameras out there… and I should be perfecting my technique with it, instead of thinking I’ll shoot better pictures with a better camera.

So, over the last year or so, I’ve invested into equipment instead. The Atomos Ninja, so I can use my camera for high end video. Various cages, and lighting systems. And most notably as of late – I’ve been putting it into my lenses.

I originally used the inexpensive cropped picture lenses that came with my D5000, but I’ve slowly been investing in full frame lenses, and am starting to see a bit of an assortment.

I generally do two distinctly different types of photography. My Real Estate Photos – where well lit interior photography is the challenge. I also have my political photography, where I might have anything from long distance photos to portraits of our state’s political leaders.

And in all cases, I’m using a variety of lenses to get the best shots.

For home interiors, my go to lens is my Rokinon 14mm/2.8f lens, which takes great photos of rooms. And I just added a Nikon 28mm/1.8 lens to complement it.

Since the time of my D5000, my political photos were mainly done via my old Nikon DX 55-200 mm lens from WalMart. This past year, I added a Nikon FX 24-85 lens to it, as well as a nice Nikon 50mm/1.8 lens.   (Along the way, I picked up a Tamron 70-300mm lens because it was cheap, and I’ve got a Rokinon 85mm lens on the way as a treat to myself after a house closing today.)

I find myself facing a question of, given the varied uses I have to pull a camera out for, is there anything I should be looking to acquire to have the best tools available for the job?  I question whether a nice 35mm lens would round out my photography toolkit, or whether I’ve adequately covered my needs by my 28mm and/or 50mm lenses?

So, all you shutterbugs out there – give me a new perspective, and help broaden my horizons. Are there tools I’m ignoring as I work to be a better photographer?  Or is having the perfect lens for the job a common obsession?

I welcome your input.

NOEM: Delivering on a Promise to Repeal and Replace Obamacare

WASHINGTON, D.C. – Rep. Kristi Noem today issued the following statement upon the release of the American Health Care Act:

“In the years since Obamacare was first passed, South Dakotans have called for its repeal and replacement. In the meantime, they’ve seen premiums skyrocket, deductibles soar, and choices become limited.   In gutting the Independent Payment Advisory Board and delaying some of the most burdensome elements, we were able to offer a degree of relief, but Obamacare is fundamentally beyond repair.  Tonight, we are taking the most significant steps to date in the repeal and replacement of Obamacare.  There is still plenty of public debate that must happen and I look forward to hearing South Dakotans’ feedback, but this is a critical step toward healthcare that is more affordable and accessible to all.” 

The American Health Care Act dismantles Obamacare’s onerous mandates and taxes (including Rep. Noem’s Health Insurance Tax repeal), expands and enhances the use of Health Savings Accounts, and offers individuals and families a monthly refundable tax credit to help purchase health insurance, among other things.  Additionally, the proposal continues protections for those with pre-existing conditions, allows young people to stay on their parents’ health insurance until 26, and maintains the policy of no lifetime caps.  To view a full copy of the bill, please visit www.ReadTheBill.gop. 

The House Ways and Means Committee, of which Rep. Noem is a member, and the House Energy and Commerce Committee have jurisdiction over the legislation.  The committees are expected to meet later this week to formally consider the bills.

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As the legislative session winds to a close, I’m concerned that we don’t really have any over-arching themes of accomplishment. And maybe that’s a poor choice of words, and I should qualify that as that there seems to be no “big ticket items” we can point to.

You could say that the closest thing would be how the legislature took on the task of re-writing campaign finance laws to beef them up, in the face of Initiated Measure 22, which was declared unconstitutional by Judge Barnett. And yes, along those lines, we did look at some conflict of interest laws.

But other than that, it’s hard to point to any one overarching “theme” or item of accomplishment.

It might be as a result of the legislature seeming a little more persnickety, and seeking more independence when it came to Governor Daugaard’s wish-list. We just came off infrastructure renewal, and all the associated costs & spending. And we did teacher pay. Both big, big ticket items, that legislators had to bite their lips on when it came to tax promises. But they did “something.”

When it came to the next biggest big ticket item – Medicaid expansion – hard lines were drawn in the sand, and it was not going to fly with this new legislature, so it was dropped early on, as far back as last summer. Not that we would have been able to afford it anyway, come to find out.  The severely reduced tax revenues versus what was projected may have also thrown a wet blanket on any wishful thinking for “big ideas.”

Does the legislature need to pass large and significant packages of legislation every year? Well, no. But if they don’t, I feel they start wandering into dangerous territory.   It could be as big as raising teacher pay. Or it could be a large budget cut. But it’s hard to point to what “It” is this session.

It’s dangerous territory, because voters are fickle. If you can’t point to a recognizable accomplishment, it can be difficult to tell the people you want to vote for you “I did this!” and make the case for your re-election. In that case, especially in times of voter angst, they may look at legislators and ask “what did I send you to Pierre for?”

So, is the big theme this session campaign finance reform?  Or should we be thinking bigger? And if it’s campaign finance reform, can we, or have we convinced the electorate at large that it was the right step?

What are your thoughts?

As they have continued to run attacks against Congresswoman Kristi Noem, the attacks themselves have come under scrutiny and drawn attention, as outside media is beginning to take a look at the content of the criticism, and the entire tax reform package being proposed.

And as leading national conservative blog RedState talks to tax reform groups, they’re wondering what the heck the Club for Growth is thinking? Because they’re not seeing the forest through the trees:

We need to rewrite tax law – that has for decades incentivized a mass American business exodus. This America Last, “Made In America Tax” code – is terrible policy.

The tax reform currently proffered by Congressional Republicans – is several HUGE steps in the right directions.

and..

This is the “Border Adjustment Tax (BAT).”  Which is drawing some fire – from normally friendly people: “The Club for Growth has begun an advertising campaign aimed at pressuring Rep. Kristi Noem, R-S.D., a tax writer, to oppose a contentious House GOP proposal to tax imports and exempt exports, the latest salvo in the battle to shape lawmakers’ attempts to overhaul the tax code.”

And they are firing – with some seriously faulty numbers: “The group said that the border adjustments proposal would increase an average family’s annual expenditures by about $1,700.”

Thankfully, Club for Growth is engaged in highly flawed tax reform analysis.  They’ve unilaterally taken the BAT out of the entire Republican reform package – and assessed its cost as a stand alone proposal.  Thankfully, this is ridiculous.

Yes, a 20% tax on imports – all by its lonesome – costs money.  But that’s not all Republican tax reform does.  As Americans for Tax Reform President Grover Norquist recently noted on CNBC: “(W)hat you’re looking at is we’re going to take the corporate rate to 20, we’re going to do full expensing, get rid of the death tax, the AMT, cut the capital gains tax.  These things are all consensus issues. The whole package fits together.  In it, is border adjustable.”

Thus, in totality, Republican tax reform will SAVE average families about $4,600 per year – per, again, The Tax Foundation.

Read the entire article here.

When Club for Growth hits Noem, it is being done with severely cherry-picked numbers, and conveniently overlooks the fact that families will save an average of $4600 a year.  Which is a world of difference between what the out-of-state groups are telling us on our TV and the truth.

A good lesson to remember from this past election.

A New, Innovative Program to Help South Dakota Farmers
By Sen. John Thune

Ask any member of the Senate Agriculture Committee, of which I’m a long-time member, and they’d tell you that work on the farm bill never really ends. It doesn’t matter if it’s a farm bill year or not, I’m always listening to farmers’ and ranchers’ ideas about how I can provide assistance so they can run their operations more efficiently, earn a better living, and ultimately pass their farm or ranch on to the next generation.

Today’s sluggish agriculture economy means it’s more important than ever for policymakers in Washington to find new, innovative ways to help present and future generations of farmers and ranchers stay on their land. We can work toward achieving that goal by providing reasonable alternatives to growing crops on land that produces the least, which would make family-run farms more profitable.

After months of collecting feedback from farmers and other agriculture stakeholders, I’ve introduced a new farm bill program that’s intended to protect farmers’ income in these tough economic times. My bill, the Soil Health and Income Protection Program (SHIPP), is an economic assistance tool that offers several conservation benefits. SHIPP will not compete with or replace the popular Conservation Reserve Program (CRP), but would be a voluntary alternative for farmers who don’t want to tie up their land for long periods of time.

Most farmers are familiar with CRP. It’s a good, common-sense program that provides a long-term benefit to farmers, wildlife, and the environment. It creates a safe and healthy habitat for South Dakota’s pheasant population, which has an exponential impact on the state’s economy. But in order to enroll land in CRP, farmers must be willing to commit to a lengthy contract of up to 15 years. SHIPP, on the other hand, would give farmers the flexibility they need to plant their least productive cropland to a soil-enhancing, low-cost perennial conserving use crop for three, four, or five years. In return, they would receive an annual rental payment and additional crop insurance assistance.

Every farmer knows exactly which portion of his or her land produces the least. Technology, like yield maps, for example, can help many farmers identify their poorest producing land. Other farmers know certain areas of their fields are less productive than others because of consistently excessive wetness, dryness, or other yield-reducing factors. 

Under SHIPP, farmers could enroll up to 15 percent of a farm’s least productive acres as long as they were planted or considered planted to a commodity crop for three consecutive years prior to enrollment. Once enrolled, the acreage must be planted to a perennial conserving use cover that can be hayed or grazed outside the designated primary nesting and brood-rearing season in the county in which the land is located. And SHIPP would be a low-cost program because it would encourage the removal of poor land from taxpayer-subsidized crop insurance premium subsidies and indemnities. 

SHIPP is just the first of several individual farm bill proposals that I’ll unveil throughout the year, and I look forward to hearing from South Dakotans about how we can improve this or any existing farm bill program, for that matter. By laying the groundwork for some of these key issues early in the process, we can make sure we’re doing all we can to meet the needs of today’s farming community.

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