Senate Adopts Thune Provisions to Address Youth Suicide, Aid in Prevention Effort  

“Suicide is the second leading cause of death for Indian youth in Indian Health Service areas, with a death rate four times the national average.”

WASHINGTON, D.C. — U.S. Sen. John Thune (R-S.D.) applauded the Senate’s adoption of his amendments to the Every Child Achieves Act (ECAA), a bill that would reduce federal interference in education, and put governors, school boards, parents, and teachers back in charge. Thune’s amendments would require the secretary of education to coordinate with other federal agencies to report on efforts to address youth suicides in Indian Country and expand the use of Project School Emergency Response to Violence (Project SERV) funds to include preventative efforts against youth suicide and other school violence.

“There is no greater tragedy for a family than losing a child, sibling, or friend, especially to suicide,” said Thune. “Sadly, according the Indian Health Service, suicide is the second leading cause of death for Indian youth in Indian Health Service areas, with a death rate four times the national average. While there is a wide range of known factors that contribute to youth suicide, I think it’s important for us to get a better understanding of how we can better address both prevention and response to suicide in Indian Country.”

Thune’s amendment would require, within 90 days from the date of enactment, the secretary of education to coordinate with the secretary of interior and secretary of health and human services to report on a variety of information, including:

• The federal response to the occurrence of high numbers of student suicide in Indian Country
• A list of federal resources available to prevent and respond to student suicide outbreaks, including the availability and use of tele-behavioral health
• Interagency collaboration efforts to streamline access to programs, including information on how the Departments of Education, Interior, and Health and Human Services work together on program administration
• Any existing barriers to timely program implementation or interagency collaboration
• Recommendations to improve or consolidate existing programs or resources
• Tribal feedback to the federal response

The Senate also adopted Thune’s amendment that would expand the authorized use of Project SERV funds to include initiating or strengthening prevention activities in cases of chronic trauma or violence, such as the suicide crisis in Indian Country or gang violence in schools.

Local educational agencies and institutions of higher education seeking approval to initiate or strengthen prevention activities would be required to:

• Demonstrate a continued disruption or a substantial risk of disruption to the learning environment that would be addressed by such activity
• Provide an explanation of proposed activities designed to restore and preserve the learning environment
• Provide a budget and budget narrative

Such requests would be subject to the discretion of the secretary and the availability of funds.

Thune also introduced amendments to ECAA that would exempt K-12 schools and higher education institutions from Obamacare’s employer mandate, allow Tribal Grant Schools to participate in the Federal Employees Health Benefits program, and provide parity for tribal colleges to compete for certain funding sources. These amendments were not adopted during the Senate’s consideration of ECAA.

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Rounds Applauds Senate Passage of Education Reauthorization Bill

WASHINGTON—U.S. Senator Mike Rounds (R-S.D.) today applauded the Senate passage of the bipartisan Every Child Achieves Act (ECAA), which included his Native American education amendment. It passed 81-17.

“I’m pleased the Senate came together to pass this important education reform bill,” said Rounds. “The Every Child Achieves Act lets states and local school boards decide the best curriculum for their students. ECAA eliminates ‘one-size-fits-all’ mandates and removes burdensome waiver requirements that have plagued our education system. Passage of the ECAA is a win for parents, teachers, state and local governments and most importantly, students.”

The ECAA passed out of the Health, Education, Labor and Pensions (HELP) Committee unanimously earlier this year. It replaces No Child Left Behind, which expired in 2007. It allows states to set their own academic standards and will end the federal government’s ability to mandate or incentivize states to adopt or maintain any particular set of standards.

Here’s an interesting tactic that could be taken up by opponents of a tribal pot smoking business being opened up by the Flandreau Santee Sioux – a federal racketeering lawsuit: 

A federal law crafted to fight the mob is giving marijuana opponents a new strategy in their battle to stop the expanding industry: racketeering lawsuits.

A Colorado pot shop recently closed after a Washington-based group opposed to legal marijuana sued not just the pot shop but a laundry list of firms doing business with it — from its landlord and accountant to the Iowa bonding company guaranteeing its tax payments. One by one, many of the plaintiffs agreed to stop doing business with Medical Marijuana of the Rockies, until the mountain shop closed its doors and had to sell off its pot at fire-sale prices.

With another lawsuit pending in southern Colorado, the cases represent a new approach to fighting marijuana. If the federal government won’t stop its expansion, pot opponents say, federal racketeering lawsuits could. Marijuana may be legal under state law, but federal drug law still considers any marijuana business organized crime.

Read it all here.

This could also be a boon for pot opponents if medical or recreational pot interests try to set up in South Dakota if ballot measures succeed next fall.

And I wonder…. Could the AG file a lawsuit of this nature on behalf of the state against the tribe or it’s designers, should the Flandreau tribe continue down their path of opening up recreational pot use in the state?

That might be a drastic step. But it might also be a necessary one.

Former U.S. Senate Candidate Clayton Walker Indicted on Failure to Appear

PIERRE – Attorney General Marty Jackley announced today that Clayton G. Walker, 33, Black Hawk, was indicted July 14, 2015 by a Hughes County grand jury on Failure to Appear after Release on a Felony, class 6 felony, punishable by up to 2 years in the state penitentiary and/or a $4,000 fine.

A warrant for his arrest was issued on July 1, 2015 after he failed to appear in court. He was arrested in Rapid City on July 9th without incident.

Walker was indicted on June 17, 2014 for election law violations stemming from the 2014 U.S. Senate race. He was also charged on September 10, 2014 on three counts of threatening by electronic device. These charges stemmed from Walker’s continued phone calls to several state offices threatening and harassing employees.

Walker is presumed innocent until such time as proven guilty. Jury selection is scheduled to begin on Monday, July 20th in Hughes County.

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Workgroup with focus on autism therapy for children to commence

PIERRE, S.D. – The Applied Behavior Analysis Provider Workgroup established during the 2015 South Dakota Legislative Session will have its first meeting July 21.

A bill signed into law March 30 by Gov. Dennis Daugaard established the workgroup to study the certification and licensure of applied behavior analysis therapy providers. The 16-member workgroup – comprising representatives of the Legislature, state government, therapy providers, families, insurers, and a licensing board – will meet three times before advising and making recommendations to the Governor and the Legislature by Dec. 1.

The first meeting will focus on workgroup tasks as well as informational presentations about applied behavior analysis, including an overview of a previously conducted study in South Dakota, and national certification.

“The overarching goal is to ensure appropriate licensing and certification of practitioners of applied behavior analysis in South Dakota,” said state Department of Human Services Secretary Gloria Pearson, chair of the workgroup.

All Applied Behavior Analysis Provider Workgroup meetings will take place in Pierre. Workgroup information will be posted to dhs.sd.gov as it becomes available.

It looks like the Flandreau Santee Sioux Tribes dreams of being a haven for drugs illegal elsewhere in South Dakota might be going up in smoke as their partner in the venture might not be on the most solid financial footing:

…documents filed by Colorado-based Monarch America Inc. with the Securities and Exchange Commission show its auditor has raised “substantial doubt” over its ability to continue as a going concern, with management estimating it needs more than $2.5 million in revenue by the end of March to stay afloat.

Flandreau Santee Sioux President Anthony Reider told The Associated Press that tribal officials knew of Monarch’s financial challenges but chose it because the company was willing to sign a short-term deal and sought a smaller share of profits than other consulting firms.

“Obviously, it raised a red flag,” Reider said of the SEC filings. “But … there are so many people in the industry that would be able to step in and help in the event that they were to close.”

Monarch CEO Eric Hagen said in an interview that efforts to raise the revenue are going “very well,” but wouldn’t elaborate. He downplayed Monarch’s financial challenges, saying the company is “in a good position currently.”

and..

Construction began this week and marijuana cultivation is expected to start in October, with the tribe hoping to have product ready for sale in December.

Read it all here.

Noem, Thune Announce Legislation to Protect Tribes from Costly Employer Mandate

WASHINGTON, D.C. — Rep. Kristi Noem (R-S.D.) and Sen. John Thune (R-S.D.), along with Sen. Steve Daines (R-MT) and Rep. Ryan Zinke (R-MT), today announced the introduction of legislation to protect Native American tribes from the Affordable Care Act’s costly employer mandate.  The Tribal Employment and Jobs Protection Act, which was introduced today in the Senate and House, will exempt tribes and tribal employers from Obamacare’s employer mandate. This legislation would prevent massive fines that tribal employers would incur under Obamacare’s employer mandate.

“The employer mandate within the President’s health care law is unaffordable for South Dakota tribes.  Moreover, it is unnecessary, given the federal government already has the responsibility of providing healthcare for tribal members,” said Noem.  “Without the relief granted by the Tribal Employment and Jobs Protection Act, tribal governments could be required to cut important services while tribally-owned businesses could be forced to cut jobs.  I’m hopeful this burden created by an ill-constructed law can soon be lifted.”

“While I believe all Americans should receive an exemption from Obamacare’s individual and employer mandates, it seems illogical that Obamacare exempts members of federally recognized tribes from the individual mandate’s penalty, but requires tribal governments to comply with the law’s employer mandate,” said Thune. “In South Dakota, tribes often serve as the primary employer of their community members. This mandate would have a significant negative impact on tribes and tribal citizens by diverting much-needed valuable resources away from economic development and important programs toward this burdensome law.”

South Dakota’s Rosebud Sioux Tribe has endorsed the Tribal Employment and Jobs Protection Act, saying: “Forced compliance with the Employer Shared Responsibility Payment provision … could prove to be financially devastating for the Rosebud Sioux Tribe.  With over 800 employees, estimates show that compliance with this mandate could possibly cost the Rosebud Sioux Tribe in excess of six million dollars annually….  Passage of the Tribal Employment and Jobs Protection Act will provide the Rosebud Sioux Tribe with relief from this financially debilitating provision of the Affordable Care Act.  The Rosebud Sioux Tribe fully supports and humbly requests support from members of the United States House of Representatives and United States Senate in passage of the Tribal Employment and Jobs Protection Act.”  To view a fully copy of the Rosebud Sioux Tribe statement, please click here.

Additionally, National Indian Health Board Executive Director Stacy A. Bohlen said, “On behalf of the 567 federally-recognized Tribes we serve, I am excited to see this vital piece of legislation introduced.  The federal trust responsibility to the Tribes requires the federal government to provide healthcare for American Indians and Alaska Natives.  The Employer mandate of the Affordable Care Act is simply unaffordable for many Tribes who will cut essential government services to pay this obligation.  The employer mandate on Tribal employers contradicts not only the trust responsibility, but provisions in the Affordable Care Act which exempt American Indians and Alaska Natives from the individual mandate. Thank you to Senator Daines and Congresswoman Noem for introducing this critical bill.”

The legislation is also supported by the Great Plains Tribal Chairmen’s Health Board, which represents tribes in South Dakota, North Dakota, Nebraska, and Iowa.  You may view their resolution here.

The full text of the legislation can be found here.

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