Category: Uncategorized

As I noted last week…

And the website I had teased is also up and running.

Hot off the press, apparently this letter went out to State’s Attorneys across South Dakota, where Deputy Attorney General Charlie McGuigan announced that he’s in the hunt for AG:

The Argus is reporting this AM that Governor Daugaard is leaning against HB 1156 (An act to allow a concealed pistol in the capitol with an enhanced concealed pistol permit), and definitely plans to veto this sessions’ big gun bill, House Bill 1072 (An act to repeal and revise certain provisions relating to permits to carry a concealed pistol):

Gov. Dennis Daugaard said social media campaigns and stacks of petitions aren’t enough to change his mind on proposals that would expand the state’s concealed carry laws.

and..

Daugaard reiterated his intention to veto the second bill, which aims to let qualified people carry a concealed pistol without a permit without fear of criminal charges.

and..

As for carrying guns in the Capitol, the governor feels security there is sufficient.

Read it all here.

Looking at the roster of the people who voted against the House Bill 1072:

.. I’m not seeing a lot of people who I suspect would roll over and change their vote against the measure to override a gubernatorial veto.

And while I don’t think it matters to the Democrats, the one thing I notice is that many of the Republicans who are opposing the measure have had primary elections in the last couple of cycles, with their opponents aggressively backed by one of the groups pushing the hardest for the bill, the South Dakota Gun Owners’ group.

(Yes, the same SDGO group that just leafletted area Sheriffs for testifying in opposition of the same bill.)

The opposition of permitless carry in 2017 has enough Republicans in the legislature opposing it that overriding the Governor’s veto is probably not possible. As a result, I suspect HB 1072 is going to be a large arrow in SDGO’s quiver as they start designing their fluorescent postcards for the 2018 primary.

Attorney General Jackley Joins Challenge to the
Consumer Finance Protection Bureau’s Structure

PIERRE, S.D. – Attorney General Marty Jackley has joined an amicus brief filed in the United States Court of Appeals for the District of Columbia by 15 Attorneys General. The brief challenges the constitutionality of a restriction on the President’s power to remove the director of the Consumer Finance Protection Bureau (CFPB).

“The State Attorneys General protect consumers and businesses through consumer protection divisions. Duplicating services with a federal agency that has been given an open checkbook and apparently answers to no one makes little sense,” stated Jackley. “We hope that the Courts continue to determine that the CFPB exists in clear violation of the Constitution and poses a direct threat on state interests.”

The brief was filed in the case of PHH Corporation v. Consumer Financial Protection Bureau. A three judge panel of the Court of Appeals, held that the statutory restriction on the President’s removal power violated Article II of the Constitution. The panel held that, unlike multi-member independent agencies, an independent agency under the control of a single director constitutes a violation of the separation of powers. The panel decision was vacated and the D.C. Circuit granted en banc consideration of the issue.

The brief argues the CFPB’s novel governance structure violates the separation of powers in a manner that poses a direct threat on states interests. The CFPB’s novel governance structure vests control of the agency in a single director who is not accountable to any elected official. As a result, CFPB’s action is not constrained by the “political safeguards of federalism,” which the Supreme Court has treated as an essential mechanism for preserving the role of the States within the federal system.

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I had the chance to catch this great update from Congresswoman Kristi Noem yesterday via facebook. And through the magic of Al Gore’s Internet, I can bring it to you:

An Overly Regulated America
By Sen. John Thune

Many Americans are still reeling from the lingering effects of the Obama economy, and for them, it doesn’t matter that economists believe the recovery began (at least on paper) several years ago. For the last eight years, good jobs and opportunities for workers were hard to find. The labor force was at historic lows, inflation far exceeded wage growth, and the economy barely limped along. While some people predict this stagnation will continue for the next several years, there are steps we can take today to get our economy growing again, like by rolling back overly burdensome regulations.

No matter where I traveled in South Dakota over the last few years, I almost always heard from people about the regulatory hurdles created by federal government agencies and the effect they had on families and businesses. The one example I heard most frequently was the now-infamous Waters of the United States (WOTUS) rule. It would have amounted to one of the largest federal land grabs in history. The flawed rule was snagged in legal battles throughout most of the latter years of the Obama administration, and I’m glad President Trump took early and quick action to ensure this poorly crafted rule would never see the light of day.

Not all rules and regulations are bad, but it’s things like WOTUS that give the federal bureaucracy a bad name.

Congress and the administration have already started rolling back some of the burdensome regulations that were implemented during the Obama administration. Most recently, Congress eliminated a regulation that imposed unnecessary requirements for businesses that bid on federal government contracts and another that restricted energy production on federal land, among others. These aren’t the last regulations that we’ll eliminate either.

Obamacare and its pages of regulations, mandates, and taxes is another area where Congress is working quickly to provide relief for businesses and the American people. It’s a broken law that has failed to live up to its most fundamental goal of providing low-cost, high-quality care. I support repealing and replacing Obamacare because I believe we can implement better policies that can actually deliver where Obamacare fell so short. Not only would a new and improved system help families and individuals, but it would help small businesses that have been bogged down by Obamacare’s red tape, too.  

Regulations are like traffic lights in a busy town. If you don’t have any traffic lights, it’s difficult for people to get from one location to another safely. But if you add too many, you slow down people’s progress unnecessarily and make it difficult for them to get anywhere. It’s when you strike the right balance – some lights but not too many – that everyone moves effectively, efficiently, and safely. Right now when it comes to federal regulations, we’re like the town with too many lights. We need to focus on removing these roadblocks if we want to put our economy on a path to long-term health.    

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A Better Plan for America’s Health Care
By Senator Mike Rounds (R-S.D.)

When many of us ran for Congress, we promised voters that we would repeal and replace the Affordable Care Act—or Obamacare. With Republican majorities in both chambers of Congress and a president in office willing to work with us, we are finally able to make good on that promise. The House of Representatives recently introduced legislation to repeal Obamacare and replace it with a patient-centered plan to improve competition within the marketplace and help make health care more affordable for all Americans. This bill, the American Health Care Act, appears to contain many provisions we are in favor of, but it will need to be carefully reviewed, considered and possibly amended before it is approved.

Since being enacted in 2010, Obamacare has failed the American people. Millions lost the plan they enjoyed, health care costs continue to skyrocket, and new taxes and mandates have crippled the budgets of families and businesses. In South Dakota alone, the number of health insurance providers has shrunk from 17 to only two today because insurers lost so much money on Obamacare. Additionally, South Dakotans enrolled in Obamacare plans saw their premiums increase 37 percent just in the last year. We are watching Obamacare collapse under its own weight.

Americans shouldn’t be forced to pay for expensive health insurance that they don’t like, want or need. The replacement legislation calls for eliminating the individual mandate and the employer mandate. I support this provision, as it will protect Americans from having to purchase costly insurance plans that aren’t a good fit for them or their families. I am supportive of a number of other provisions in the American Health Care Act, including eliminating the Medical Device Tax, net investment tax and health insurance taxes.

Additionally, the American Health Care Act includes language to allow children to stay on parents’ plans until age 26 and allows for folks to contribute more money to Health Savings Accounts (HSAs). This is a great option for young people or healthy people who may choose to enroll in a high deductible plan, as they are more likely to utilize only the health care services that they need. The American Health Care Act would continue to allow individuals with preexisting conditions to keep their coverage as long as they stay insured. It is important that any replacement plan approved by Congress allows for a transition period, where people can move to different plans without losing health care coverage. Our intention is to also include assurances for guaranteed portability, guaranteed renewability and no lifetime caps on any health insurance policy. This is an important provision that will protect those individuals who need health care coverage the most.

The American Health Care Act allows for competition, choice and incentives to strengthen the insurance markets, promoting competitive pricing. 

I value the input of South Dakotans and other stakeholders as we continue to carefully review the American Health Care Act. The bill text can be found at www.readthebill.gop. I encourage those interested to read through it and share with me your thoughts, questions or concerns. Visit my website, www.rounds.senate.gov, to connect with me. Making significant changes to health care in the United States is a great undertaking, and we want to be sure we’re doing it correctly, which may take some time. We won’t be able to repeal and replace Obamacare overnight because we want to do it in a responsible manner. That means taking into account public input and being sure we know exactly what the bill contains before we vote on it.

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Repealing and Replacing Obamacare
By Rep. Kristi Noem

When we talk about healthcare, we’re talking about something that is very personal to people.  It’s why I’ve so often looked for ways to put you, the patient, in control of your own healthcare.  Since Obamacare came into play, however, rising costs, shrinking options and increased bureaucratic involvement has resulted in control being taken away from patients and their doctors.

I’ve heard from thousands of South Dakotans about the burdens placed on them by Obamacare. For instance, a retired teacher from Sisseton saw her premiums increase from $350 to $500 per month while her out-of-pocket threshold increased from $5,000 to $6,000.  Higher costs, worse coverage. 

A Sioux Falls small business owner had once tried to cover 60 percent of his employees’ premium costs.  But after Obamacare, premiums rose to the point that this benefit wasn’t affordable anymore.

A family in Haakon County reached out to me after their premiums increased 200 percent. A family in Milbank saw costs for their son’s insurance rise from $89 per month to more than $300.  A woman in Rosholt pays almost $250 more per month for a plan that doesn’t include the benefits she used most often. 

While I could go on and on with stories like this, I understand others have felt greater security because of Obamacare’s provisions.  For years, we have fought to offer relief to those hurt worst by Obamacare. The Independent Payment Advisory Board, which could have led to rationed care for seniors, was gutted.  The 1099 mandate was eliminated and some of the most burdensome taxes were delayed.  Even after the tweaks, however, Obamacare remains beyond repair.

Earlier this month, House Republicans put forward a new vision for health care: one that offers Americans from all walks of life the freedom and flexibility to get the health coverage their family needs.  This legislation came about after years of debate and the final stages were completed in close collaboration with President Trump and his administration.

The legislation eliminates Obamacare’s individual and employer mandates.  It abolishes 14 Obamacare taxes that take $1 trillion from American taxpayers every decade.  This includes taxes on prescription drugs, over-the-counter medications, and medical devices as well as the Health Insurance Tax, based on legislation I authored, which could cost the average family nearly $5,000 over the next decade if it isn’t repealed.

The flawed Obamacare subsidies left many behind, so this legislation replaces them with monthly tax credits for low- and middle-income Americans.  These credits range from $2,000 to $14,000 per year, depending on a person’s age and family size.  You will finally be able to choose the plan that’s right for you – even if that means cheaper catastrophic coverage, which is something Obamacare didn’t allow you to do.  In addition to the tax credit, states will receive new resources to help people out and Health Savings Accounts will be enhanced and expanded to grant you even more flexibility.

At the same time, health insurers still won’t be able to deny coverage or charge more money based on pre-existing conditions and young people will be allowed to stay on their parents’ insurance until 26.

There is a lot packed into this legislation, so I encourage you to read through it yourself at www.ReadTheBill.gop

Shortly after the language was released, the House Ways and Means Committee, which I’m a member of, had the opportunity to go through section-by-section and debate any edits folks thought should be made to the part of the bill that fell under our jurisdiction.  Once all the committees sign off, the full House of Representatives will have the opportunity to debate and vote on the bill.  We expect this process to play out over the next few weeks.

As I mentioned before, I understand healthcare is very personal and it’s for this reason I believe you should be I control of it. That’s ultimately why I’m fighting through this process to finally repeal and replace Obamacare.

State Officials Of All Stripes Upholding IM22 Promise
A column by Gov. Dennis Daugaard:

During the first few weeks of the 2017 Legislative Session, Initiated Measure 22 dominated the headlines. The 14,000-word initiated measure became the center of attention because of the constitutional problems it posed and the bizarre unintended consequences it would create. For example, IM 22 could have been read to say that a teacher in Sioux Falls would be a criminal if her husband is a state legislator.

Leaving Initiated Measure 22 in place was not a viable option, due to its constitutional issues and other problems. It could not be enforced as written. Another option was to repeal Initiated Measure 22, and return to the old laws. That was also not a good option, because it would have ignored the will of the voters.

I joined legislators in following a middle path. Together we repealed the unworkable law and made a promise to honor the voters’ intent.

Legislators brought forward proposals aimed at the citizens’ expectation of honest government, an open and transparent campaign finance system, and a legislative process which allows lobbyist influence only through their arguments. As I write this, four of these proposals are on their way to my desk.

Democratic Rep. Karen Soli’s House Bill 1076 creates a government accountability board to hold formal hearings on state government matters. The board is made up of four retired judges who will have the ability to consider allegations against state officials and turn issues of concern over to the Division of Criminal Investigation. Rep. Soli worked with her colleagues across the aisle and Executive Branch officials to form this proposal which was widely supported.

The lobbyist gift ban bill proposed by Speaker Mark Mickelson is also on its way to my desk. This bill prohibits public officials from accepting expensive gifts from lobbyists.

Two other measures, House Bill 1052 and Senate Bill 27, have passed both houses. House Bill 1052 expands whistle blower protections for state employees and Senate Bill 27 deals with conflicts of interest and increases the penalty for illegal use of public funds.

I support all of these bills, and by the time you read this, the measures may already have been signed into law. As I write this, there are other IM 22 replacement bills dealing with ethics and campaign finance which will likely pass also.

State officials of all stripes undertook the difficult work of replacing Initiated Measure 22 with constitutional, workable legislation that meets the goals advanced by IM 22. Public servants from West River and East River, on the right and the left, and in the legislative and executive branches came together on these bills. As session comes to a close, I’m pleased with these accomplishments.

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Gov. Daugaard Signs IM 22 Replacement Measures 

PIERRE, S.D. – Gov. Dennis Daugaard this morning signed five measures to replace concepts of Initiated Measure 22 which were supported by the public.

“State officials of all stripes undertook the difficult work of replacing Initiated Measure 22 with constitutional, workable legislation that meets the goals advanced by the IM 22,” said Gov. Daugaard. “Public servants from West River and East River, on the right and the left, and in the legislative and executive branches came together on these bills.”

Among the bills signed was House Bill 1073, the lobbyist gift ban bill brought by Speaker Mark Mickelson. HB 1073 prohibits legislators, statewide elected officials and heads of Executive Branch agencies from accepting pricey gifts from lobbyists.

“Proponents of IM 22 sold the measure by promoting a perception that state lawmakers are receiving expensive gifts from lobbyists. The speaker’s bill addresses that concern by helping to ensure a legislative process which allows lobbyist influence only through their arguments,” the Governor said.

Gov. Daugaard also signed House Bill 1076, Rep. Karen Soli’s bill to establish a government accountability board. The board is made up of four retired judges and has the authority to turn issues of concern over to the Division of Criminal Investigation. Rep. Soli worked with her colleagues across the aisle and Executive Branch officials to form the proposal.

In addition to HB 1073 and HB 1076, the Governor also signed:

HB 1052 – An Act to provide certain protections for public employees.

HB 1165 – An Act to provide for annually updated financial interest statements for any person elected to statewide or local office.

SB 131 – An Act to revise certain provisions concerning the period of time certain persons are prohibited from lobbying after leaving office.

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