Thune Welcomes Sioux Falls Pastor Named U.S. Senate “Chaplain for a Day”

thuneheadernew Thune Welcomes Sioux Falls Pastor Named U.S. Senate “Chaplain for a Day”

“It’s a great honor for me to welcome to the United States Senate today our pastor from Sioux Falls, South Dakota, Jeff Wheeler …”

WASHINGTON — Pastor Jeff Wheeler of Sioux Falls Central Baptist Church today served as U.S. Senate “Chaplain for a Day.” U.S. Sen. John Thune (R-S.D.) nominated Pastor Wheeler for the honor.

“It’s a great honor for me to welcome to the United States Senate today our pastor from Sioux Falls, South Dakota, Jeff Wheeler, who just offered our invocation this morning,” said Thune. “I’d like to express how much Kimberly and I have appreciated the opportunity to worship and to benefit from his ministry and enjoy and are blessed by his teachings each and every week when we are back home in South Dakota.”

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Noem Votes to Prohibit Refugees from Syria and Iraq from Being Admitted to the U.S.

noem press header kristi noem headshot May 21 2014Noem Votes to Prohibit Refugees from Syria and Iraq from Being Admitted to the U.S.

WASHINGTON, D.C. – Representative Kristi Noem today supported legislation to temporarily prohibit Syrian and Iraqi refugees from being admitted to the United States.  More specifically, H.R.4038, the American Security Against Foreign Enemies (SAFE) Act, would put an immediate pause on the program until the FBI and relevant intelligence agencies could certify to Congress that an individual does not pose a threat.  The legislation, which Noem cosponsored, passed the House today with broad bipartisan support.

“My priority – and my fundamental responsibility – is to keep the American people safe,” said Noem.  “Top security officials have admitted that we don’t have the resources necessary to fully vet refugees from countries, like Syria, whose government is in shambles and where we lack a law enforcement presence.  Until confidence in the vetting process can restored and we can certify that refugees do not present a safety threat to the American people, we must put a pause on this program.  This legislation would certainly be an important step toward greater national security, but what our country needs as well is a comprehensive plan from the President regarding how he plans to defeat ISIL and overcome the threat of global terrorism.”

Earlier this week, Noem joined more than 100 of her colleagues in writing President Obama regarding their concerns about admitting refugees from Syria and Iraq and urging him to immediately suspend the program.  Click here to view the letter.

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Thune, Heitkamp Ensure Beneficiary Access to Durable Medical Equipment

thuneheadernew John_Thune,_official_portrait,_111th_CongressThune, Heitkamp Ensure Beneficiary Access to Durable Medical Equipment

Legislation will ensure that durable medical equipment (DME) providers are able to meet the needs of Medicare beneficiaries in their areas

WASHINGTON — U.S. Sens. John Thune (R-S.D.) and Heidi Heitkamp (D-N.D.) today introduced the DME Access and Stabilization Act, legislation that would provide bridge relief to rural DME providers in non-competitively bid areas through the end of 2018. This legislation will ensure that DME providers are able to meet the needs of Medicare beneficiaries in their areas. Additionally, this legislation seeks to address the underlying issues with DME reimbursement in non-competitive bidding areas. Examples of DME include hospital beds, blood glucose monitors, and wheelchairs.

“It is important that people receive quality health care, no matter where they live,” said Thune. “Not only does this legislation ensure that suppliers in rural areas can provide services they need to people in all parts of South Dakota, but it may enable people to return home faster after hospitalization.”

“Seniors in rural areas like North Dakota deserve continued access to needed medical equipment, like hospital beds, walkers, and oxygen supplies,” said Heitkamp. “Our bipartisan bill would smooth the transition to a new payment formula for businesses supplying and servicing these products, and make sure seniors, particularly those in rural communities, can continue to live independently and with dignity.”

Thune and Heitkamp introduced this legislation to address the problem caused by the national rollout of competitively bid DME prices to non-competitively bid areas. Competitive bidding was created by the Medicare Modernization Act of 2003. Competitive bidding for DME started with Round 1 of bidding in nine metropolitan areas in 2008, but was suspended due to issues with implementation. Suppliers then had to rebid Round 1, and prices for Round 1 went into effect in January 2011. Round 2 competition started in 2011 in an additional 91 predominately metropolitan areas, and prices for Round 2 took effect in July 2013. The Centers for Medicare and Medicaid Services will then take these rates from the competitively bid areas and extrapolate them to non-competitively bid areas, which will threaten beneficiary access to DME because of inherent differences in supply and delivery costs between metropolitan and rural areas.

On January 1, 2016, the competitive bidding program will be rolled out to South Dakota and North Dakota, two areas without competitive bidding areas. According to an estimate, many providers in the upper Midwest will face a nearly 40 percent reduction on average in reimbursement for the most commonly ordered DME they provide to seniors, making it financially difficult to continue to provide DME.

Joining Thune and Heitkamp in cosponsoring this legislation are U.S. Sens. Pat Roberts (R-Kan.), Angus King (I-Maine), and Mike Crapo (R-Idaho).

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Full release from Governor Daugaard on Syrian Refugees

Concerns Following The Attack On Paris

A column by Gov. Dennis Daugaard:

Americans watched in horror last week as ISIS launched an attack on one of our closest allies. Families were at the national soccer stadium watching the exhibition match between France and Germany. College students were gathered in cafes. Young people were at a concert hall listening to a California band. An ordinary Friday night in Paris turned deadly when Islamic extremists invaded these spaces and took the lives of more than 100 innocent people.

Following the attack on Paris, Americans are left with legitimate concerns. One of those concerns is the President’s plan to accept Syrian refugees. While many of these refugees are seeking to escape terrorism, the sad events in Paris remind us that terrorists can take advantage of refugee programs to gain access to western nations.

Since 2011, the United Nations High Commissioner for Refugees has referred 23,092 Syrians to the U.S. Refugee Program. Of those, the Department of Homeland Security interviewed 7,014, and approved just over 2,000 for admission to the United States. Under the federal Refugee Act of 1980, states do not have a legal role regarding refugees. Governors do not have the authority to ban refugees from their states, or to refuse to accept refugees. These decisions are made by the federal government.

Still, I share the concerns for our national security. That is why I am joining many other governors in calling on the federal government to re-examine our process for background checks of refugee applicants seeking asylum and to reconsider whether the United States should continue to accept refugees at current levels. Sen. Thune, Sen. Rounds and Rep. Noem have also called on the federal government to take these actions.

Ultimately it is very unlikely that any Syrian refugees will be resettled in South Dakota.  Our state has not received a single Syrian refugee in the last three years, and has not received notice that it will receive any Syrian refugees. The federal government resettles refugees in places that already have populations of the same nationality or ethnicity, and there is no sizable Syrian population in South Dakota.

On the pedestal of the Statue of Liberty there is a plaque of a well-known poem by Emma Lazarus with a line that reads, “Give me your tired, your poor, your huddled masses yearning to breathe free. . .” Those inscribed words near the monument gifted to us by France remind us that the United States is a nation of immigrants that seeks to help those who seek asylum.

In order to continue this tradition of helping the tired and the poor from other nations we must first exercise prudence and be confident that adequate safeguards are in place to protect against terrorism. Our greatest priority as a nation, and my first priority as Governor, is to keep our people safe.

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Governor Daugaard responds to those calling for him to ban Syrian Refugees

noimmigrantsFrom today’s KCCR, Governor Dennis Daugaard responded to lawmakers and others who are calling for him to join with 30+ other states, and issue a ban on the resettlement of Syrian refugees:

Daugaard is not necessarily taking a stance, saying that he does not have the authority to ban refugees from South Dakota…

Daugaard adds that it is very unlikely any Syrian refugees will come to South Dakota…

Daugaard adds that his first priority as governor is to keep all citizens safe…

While those lawmakers now understand what the Governor is saying, they still urge Daugaard to join many other Governors’ and send the message saying, “We don’t want them here.”

 

Read (and listen) to it all here.

Hey, don’t forget to kick the Augie CR’s a few dollars..

Just a reminder – don’t forget the widget on the left side of the page!

The Augustana College Republicans seem to be hovering at 32% of their Go Fund Me goal to bring 18 of their number to CPAC. According to the page, the last donation was State Rep. Mark Mickelson & his wife donating $100 to help them along.

They’re extremely active in Minnehaha County, so it’s money well spent.

Click on the widget, or click here, and help them towards their goal.

Rep Fred Deutsch gets new appointment

I’m hearing tonight that State Representative Fred Deutsch was just appointed to the vacancy on the House Health & Human Services Committee. Speaker Wink did this through removing him from the House Commerce & Energy Committee.

What makes this more interesting is that Fred, in addition to being a health care provider, is also the newly elected chairman of South Dakota Right to Life.

And the pro-choicers will begin howling in 3… 2… 1….

Harrold Women Sentenced in Election Law Violations Case

jackley-logo Marty JackleyHarrold Women Sentenced in Election Law Violations Case

PIERRE, S.D – Attorney General Marty Jackley announced that Janice Howe, Harrold, 54, was sentenced yesterday to 4 years with 4 suspended in the state penitentiary for perjury. In addition, Howe was given 4 years of probation.

Charges stem from the circulation and attempted filing of petition sheets on a petition to amend the Constitution. Howe was charged by Complaint on January 31, 2002. The charges allege that Howe verified under oath that she had personally witnessed signatures on the petition sheets when she had not. Howe was arrested in July 2015 on an arrest warrant issued after the filing of the complaint. Two other individuals were charged with similar offenses relating to the same petition. Their cases have been resolved through the judicial system.

The case was investigated by the Division of Criminal Investigation and prosecuted by the Attorney General’s Office.

Turbiville to run for State Legislature and Mayor at the same time. Maybe.

According to today’s Rapid City Journal, former State Legislator Chuck Turbiville is planning on making himself busy this next year. Very busy:

Former state legislator and first-term Deadwood Mayor Chuck Turbiville says he will run for re-election for mayor in April while simultaneously seeking to return to the South Dakota House of Representatives in next fall’s general election.

“My campaign theme is ‘There is no substitute for experience,’” the 72-year-old mayor said.

Turbiville, who is in his final year of a three-year term as mayor, served in the state House from 2005-2012, before term limits forced him out. He said he would seek the District 31 seat currently held by Rep. Fred Romkema of Spearfish, who is facing the same situation as Turbiville three years ago.

and…

While seeking to return to the state Legislature, Turbiville said he also would run for a second term as mayor in Deadwood’s municipal election next spring.

“Absolutely I can do both,” he said. “There are so many things I’ve started as mayor that I want to complete.”

Read it here.

Mayor AND State Legislator? Someone must be a glutton for punishment.

You might think such offices are incompatible, but an Attorney General’s opinion claims it’s ok. But we have to go way, way back to 1949-1950 for the opinion, which isn’t on-line anymore.

The opinion is referenced by the South Dakota Municipal League in an extensive list they’ve compiled on compatibility, and incompatibility:

…an elected official cannot hold concurrent offices if such positions are incompatible. The major lines of delineation in this area have been made by the Attorney General. For example, the Attorney General has determined that there are essentially four instances when offices are incompatible. They are: 1) when there are statutory prohibitions; 2) when one is subordinate to the other; 3) when one has supervision over the other; and 4) when the duties of the two offices are conflicting. (AGR 1949-50, p.37)

However, the Attorney General has also determined that, while the determination of whether a person may hold two or more positions is usually based upon incompatibility or inconsistency, the question of incompatibility or inconsistency never arises when there is a special statutory prohibition. The rule that governs will change from situation to situation. (AGR 1959-60, p.45)

Positions which are compatible include the following:

1)    Mayor and state’s attorney; (AGR 1907-08, p. 215)
2)    Office of mayor and member of the board of county commissioners; (AGR 1949-50, p. 37)
3)    Mayor and state senator; (AGR 1949-50, p. 358)
4)    Treasurer of a school district and trustee of an incorporated municipality; (AGR 1949-50, p. 75)
5)    Assessor and register of deeds; (AGR 1949-50, p.56)
6)    Office of county commissioner and membership on the governing board of a municipality; (AGR 1929-30, p. 278)
7)    Office of state’s attorney and city attorney; (AGR 1949-50, p. 331)
8)    Municipality marshal and sheriff or deputy sheriff; (AGR 1953-54, p. 84)
9)    Police magistrate and candidate for the state legislature; (AGR 1953-54, p. 292)
10) Office of county clerk of courts and city councilman; (AGR 1955-56 p. 68-9)
11) Office of register of deeds and mayor; (AGR 1955-56, p. 217)
12) Office of county sheriff and peace officer of a municipality within the county; (AGR 1955-56, p.420)
13) Appointed municipality treasurer and treasurer of a school district. (AGR 1959-60, p. 45)
14) No mayor, alderman, commissioner, or trustee in a municipality is disqualified from holding office as a result of holding any liquor license. (SDCL 9-14-16)
15) City council and county commission. (AG Opinion 88-24)
16) Any mayor, alderman, commissioner, or trustee may serve in a volunteer, unsalaried municipal position or provide any service for the municipality if the compensation for such service does not exceed $5,000 per calendar year. (SDCL 9-14-16.1)

Positions which are incompatible include the following:

1)    No mayor, alderman, commissioner, or trustee shall hold any other office under the municipality while an incumbent of any such office. No auditor or clerk may hold the office of treasurer in the municipality while an incumbent of such office. (SDCL 9-14-16)
2)    A mayor may not be an attorney for a defendant in a criminal case for a crime committed within the municipality of which he is mayor. (State ex rel. Jones v. Taylor, 46 SD 354)
3)    A city councilman may not be the defense attorney or counselor for a defendant charged with the violation of a municipal ordinance or a state law where the facts would also be a violation of the laws of his municipality. (AGR 1953-54, pp. 184-186)
4)    Member of municipality board and janitor of a municipal building; (AGR 1932-34, p. 492)
5)    County judge and city attorney; (AGR 1949-50, p. 133)
6)    Member of a city council and municipal building, electrical, and plumbing inspector; (AGR 1955-56, pp. 105-106)
7)    Member of city council and county high school board; (AGR 1949-50 page 75 and 1953-54, p.73)
8)    Office of director of assessments and member of municipal governing board; (AGR 1955-56, p. 304)
9)    County justice of the peace and the municipal chief of police; (AGR 1957-58, p. 116)
10) Municipality auditor and county auditor. (AGR 1959-60, p. 84)
11) Legislator and school board member. (AG Opinion No. 84-24)
12) Mayor and school board member of encompassing school district. (AG Opinion No. 85-23; Raymond v. Richardson, 6th Judicial Circuit, Sept. 18, 1985)
13) County director of equalization and school board member. (AG Opinion 86-6)

Despite the guidance provided by the Attorney General and case law, conflict remains a confusing subject. If (and when) you experience a conflict issue please consult with your city attorney or contact the League at 800-658-3633.

Read all of that here.

It’s interesting that while Legislator and School Board member are incompatible, Mayor and Legislator are just fine. What’s the difference? For one, the Mayoral question came up in 1950, and the School Board question came up in 1984. Time and interpretation of the conflict can make a great deal of difference given the change in laws, and the change in Attorneys General.  Some have gone for a broader interpretation, and some have been more narrow.

And AG opinions are just that – opinions. They don’t hold the force of law, but they are recognized as being a well researched legal brief. You can ignore it, but you can also take your chances in court against the people who did the extensive research on the friendly hint that you can or can’t do something.

In this case, the question hasn’t really been asked formally in 65 years. So, time, laws and circumstances may have changed enough where someone could take a closer look, and come up with a different answer.

Then there’s always the reasonable question as to why someone would want both? Are they that masochistic that driving a car into a brick wall isn’t sufficiently painful?

Eh, to each his own.

Ultimately, the issue could pose a significant question for any opponents to raise to the electorate, specifically whether or not they want to consolidate that much authority in one person.   We might be a state small in population. But you might be able to find at least one other person who would take on one of the offices.

USD honored today. Sort of.

USD earned the honor today of being declared “Officially the most underrated party school in the country” today by the website “University Primetime.” And you can watch the video which earned them the honor here:

For politicos – John Thune parade cameo at 2:25.

Before I posted it, I had to watch it to make sure I didn’t have any kids in it, although by the looks of it, a lot of people’s kids are.

(And another reminder of why I can’t complain that they didn’t have digital cameras and social media yet when I went to SDSU. Shout out to any SDSU SAE members who remember the old MASH Bash with hard liquor!)