Thune-Led Commerce Committee Examines Freight Rail Reform Implementation

“I introduced the Surface Transportation Board Reauthorization Act of 2015 to make the STB a more efficient and effective agency … While many of the most important provisions of the law are still in-progress, thus far the Board has met or is on track to meet each deadline in the legislation, a feat most other Federal agencies regularly fail to do, and I greatly appreciate their efforts.… I hope the Board will continue the good progress since enactment of the legislation, and I expect this Committee to continue its active oversight to maximize the benefits of the law.” 

SIOUX FALLS, S.D. — U.S. Sen. John Thune (R-S.D.), chairman of the Senate Committee on Commerce, Science, and Transportation, today held a full committee field hearing titled “Freight Rail Reform: Implementation of the Surface Transportation Board Reauthorization Act of 2015” in Sioux Falls, S.D. 

At the hearing, witnesses testified on the implementation of the recently-enacted Surface Transportation Board Reauthorization Act, the first reauthorization of the Surface Transportation Board (STB) since its creation two decades ago. Sen. Thune introduced this legislation to make the STB more efficient and effective. The hearing continued the Committee’s oversight work to help ensure a competitive, efficient, and reliable national rail system.  The hearing featured all three appointed members of the STB and four representatives of farmers, manufacturers, and energy suppliers that depend on rail. 

Excerpts from Sen. Thune’s opening statement:

“[A]bout three times as many rail carloads originate in the state compared to the number that end up here, South Dakotans disproportionately depend on rail to get our products to market, create jobs, and grow incomes. That’s why it’s so important that, when problems arise in our nation’s rail system, we have efficient and effective oversight.”

“Last year, following intensive oversight activity, I introduced the Surface Transportation Board Reauthorization Act of 2015 to make the STB a more efficient and effective agency. After working on a bipartisan basis with cosponsor Ranking Member Bill Nelson, and working with my colleagues in the House of Representatives, I was pleased to see it signed into law last December. This hearing marks about eight months since the enactment of my legislation, and it is an opportunity to examine completed and on-going implementation work at the STB and hear about ways to maximize the law’s benefits for the businesses that depend on rail.”  

“While many of the most important provisions of the law are still in-progress, thus far the Board has met or is on track to meet each deadline in the legislation, a feat most other Federal agencies regularly fail to do, and I greatly appreciate their efforts.… I hope the Board will continue the good progress since enactment of the legislation, and I expect this Committee to continue its active oversight to maximize the benefits of the law. This legislation is another example of the Senate getting back to work for the American people. That works includes the five-year, $305 billion highway bill, FAA reauthorization and aviation security bill, and the pipeline safety bill as significant Committee achievements within the past year to improve our nation’s transportation and infrastructure.” 

Key hearing takeaways: 

The Honorable Daniel R. Elliott III, Chairman of the Surface Transportation Board:

“I want to reiterate my thanks to you, Chairman Thune, for your deep interest in freight railroad issues both in South Dakota and throughout the nation, and your work with the Surface Transportation Board on rail service issues, and for this Committee’s thoughtful oversight of the STB.”

“As a result of the Reauthorization Act, the Board has achieved greater transparency and efficiency, which directly benefits the stakeholders that we serve.”

“I would like to thank Chairman Thune in particular for the enhanced reporting provided by the Reauthorization Act.  As you may have seen, we have issued a number of major decisions in the first six months of this year.  Significant credit for this development is due to the reporting established by the Reauthorization Act and the support it provides to our continuing timeliness improvements.” 

The Honorable Deb Miller, Vice Chairman of the Surface Transportation Board:

“Senators Thune and Nelson and the entire Committee drafted and passed an excellent bill and I think the Board has done an excellent job in carrying out the goals of the Act.”

“The Act has wisely addressed the need for the Board to be more transparent and accountable by allowing the Board Members to communicate more easily and by providing progress reports on its workload. I also appreciate the requirements under the Act for the Board to examine ways to improve our rate case processes and methodologies, which are long overdue. The addition of investigative power and changes to the arbitration process will also be beneficial, as they will give the Board additional means of resolving issues between railroads and shippers.”

The Honorable Ann D. Begeman, Board Member of the Surface Transportation Board:

“Chairman Thune, thank you for your efforts to reauthorize our agency and hold the Board more accountable to shippers, rail carriers, and the public.  Because of you and your Committee’s efforts, the agency can no longer operate under a ‘business as usual’ mentality.”

Mr. Michael Skuodas, Vice President of Distribution and Business Development at POET:

“Prior to the enactment of this critical legislation, the procedures and institutional barriers at the Surface Transportation Board (STB) made lodging legitimate complaints about rail service difficult and costly to execute. Timely, effective, and meaningful resolution to genuine issues was elusive for so many in our industry.” 

“With this in mind, we are here to say thank you on behalf of POET, the ethanol industry, and shippers from South Dakota for your leadership on all of these key rail issues and in particular for your work to enact and implement the recent STB reform legislation. You, your Senate colleagues, and your staff gave us the opportunity to be heard, and while we still have work to do to ensure STB will fully implement the new regulations, we have reason to be optimistic that conditions will improve.”

“Chairman Thune, you have been instrumental in addressing the rail concerns of our industry including the service related issues in 2014 and now with enactment of STB reform. On behalf of all of our employees and their families we thank you.” 

Mr. Dan Mack, Vice President of Transportation and Terminal Operations at CHS, Inc.:

“Regarding the subject of today’s hearing, I want to especially thank Chairman Thune and Ranking Member Nelson and members of the Committee for your bipartisan work passing the STB Reauthorization Act of 2015 (S. 808). This is the first freight rail policy reforms to pass Congress in a generation and the first time the agency was reauthorized since its creation. The rail industry has changed a great deal over the past twenty years, and this law is helping to modernize the STB to better reflect this new reality. 

Mr. Tom Heller, Chief Executive Officer of Missouri River Energy Services 

“MRES and FRCA applauds you, Mr. Chairman, for holding this very important hearing on the implementation of the STB Reauthorization Act of 2015.  Your personal and steadfast oversight, accompanied by the efforts of your staff, is helping to make the difference in transforming the STB into a more effective, accountable, and transparent agency – desperately needed in today’s market for both shippers and railroads as freight demands increase here at home and overseas.” 

Mr. Troy Knecht, Vice President of the South Dakota Corn Growers Association:

“The SDCGA is grateful to Senator Thune for addressing rail concerns shared by everyone in agriculture. We appreciate his leadership in passing of the STB reauthorization bill. It is a critical piece of legislation that affects all major markets. 

“I want to thank you for the opportunity to speak on behalf of the 12,500 corn farmers of South Dakota, and Senator Thune for his vision in addressing this issue.”  

Watch the hearing HERE.

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Thune Statement on Federal Board’s Unilateral Decision to Rename Harney Peak 

SIOUX FALLS, S.D. — U.S. Sen. John Thune (R-S.D.) issued the following statement after the U.S. Board on Geographic Names announced it had renamed South Dakota’s Harney Peak to Black Elk Peak. The South Dakota Department of Tourism, the South Dakota Department of Game, Fish, and Parks, and the State Board on Geographic Names all recommended the name not be changed.

“I’m surprised and upset by the U.S. Board on Geographic Names’ unilateral decision to rename Harney Peak, one of South Dakota’s most well-known landmarks,” said Thune. “The national board’s choice to reject the state’s recommendation to leave the name as-is defies logic, since it was state officials who so carefully solicited public feedback and ultimately came to their decision. I’m also disappointed the board grossly misled my office with respect to the timeline of its decision, which wasn’t expected until next year.”  

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Is it me? Or does it seem like there’s a lot of old people here? 

An attorney friend who was in the court room watching the proceedings today gave me the inside scoop on the judges ruling in the IM21 challenge:

St & Ave are not required to be valid signatures; petition meets criteria under substantially compliance..enough valid signatures to be on the ballot…challenge denied IM 21 will be on the ballot according to the circuit court..writ of mandamus denied…excellent lawyering by both sides

So there you have it.

Terribly sad news that former Republican Senator jim Dunn has passed away.  Senator Dunn served a total of thirty years in the House and Senate – 2 in the House with the remainder in the Senate, where he was an institution.  He served in leadership as Assistant Majority Leader 1989-1992 and 1995-1998, he was Assistant Minority Leader in 1993 & 1994 when Republicans were in the Minority, and was back to Senior Assistant Majority Leader for the 1999-2000 term.

It’s hard to describe & quantify Senator Dunn, except to note that they broke the mold when they made him. He was an advocate for the mining industry he represented from his home district, he was a rock solid legislator, I found him hilarious in word and deed, and an all around gentleman.

Godspeed, Senator.

If you haven’t bought your tickets yet, I believe there’s still some left for the Journey/Doobie Brothers concert tonight in Sioux Falls.  I’m going to be there, as part of my effort to see favorite bands before “they get too old to tour.”

Despite Steve Perry no longer being with the band, after undergoing a a rough patch with lead singers, they added Arnel Pineda, who does a tremendous job. In fact, if you haven’t seen it, there’s an excellent documentary on the band currently available via Netflix called “Don’t Stop Believin’: Everyman’s Journey” which tells his story of going from singing Journey songs in Manila nightclubs to fronting the group.

I’ve got my nose buried in work at the moment, but who knows. I might run into you at the concert tonight.

Dems were apparently looking for rough and tumble people to take over for placeholders this year. Because it sounds like they came up with a “bad boy” who was sentenced to hard time in the grey bar hotel last year because he wasn’t about to honor his “duty to drive with due care.”

Eric Bliss of Huron was named by Democrats this week to take over for Chuck Groth who withdrew from the Democrat’s State Senate Race in District 22.  Noted in local papers as a Cellist, this Democrat also has a record, and earned a rep as the bad boy of the strings while he was in the vicinity of Lakefield, Minnesota last year:

Bliss, Eric B., Huron, S.D., duty to drive with due care, $150, ten days local confinement, one year unsupervised probation.

Read that here.

Jeez. How do you get sentenced to jail* (the paper says he was sentenced to jail, but, he may have avoided it) in Minnesota for nearly 2 weeks, and put on probation for a year for failing to perform your “Duty to drive with Due Care?” According to Minnesota State Law..

169.14 SPEED LIMITS, ZONES; RADAR.

Subdivision 1.Duty to drive with due care. No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions. Every driver is responsible for becoming and remaining aware of the actual and potential hazards then existing on the highway and must use due care in operating a vehicle. In every event speed shall be so restricted as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

Read it here.

Bad to the bone.

Thune to Hold Hearing on Freight Rail System Tomorrow in Sioux Falls

WASHINGTON — U.S. Sen. John Thune (R-S.D.), chairman of the Senate Committee on Commerce, Science, and Transportation, will convene a full committee field hearing titled “Freight Rail Reform: Implementation of the Surface Transportation Board Reauthorization Act of 2015” tomorrow, August 11, at 1:30 p.m. CDT/2:30 p.m. EDT in Sioux Falls.  

The hearing will focus on implementation of the recently enacted Surface Transportation Board Reauthorization Act, the first reauthorization of the Surface Transportation Board (STB) since its creation two decades ago. Sen. Thune introduced this legislation to make the STB more efficient and effective. The hearing continues the committee’s oversight work to help ensure a competitive, efficient, and reliable national rail system.

Witnesses:

First Panel 

·         Mr. Michael Skuodas, Vice President of Distribution and Business Development, POET
·         Mr. Troy Knecht, Vice President, South Dakota Corn Growers Association
·         Mr. Tom Heller, Chief Executive Officer, Missouri River Energy Services
·         Mr. Dan Mack, Vice President of Transportation and Terminal Operations, CHS, Inc.

Second Panel 

·         The Honorable Daniel R. Elliott III, Chairman, Surface Transportation Board
·         The Honorable Deb Miller, Vice Chairman, Surface Transportation Board
·         The Honorable Ann D. Begeman, Board Member, Surface Transportation Board

* Witness list subject to change

Hearing Details:
Thursday, August 11, 2016
1:30 p.m. CDT / 2:30 p.m. EDT
Full Committee Hearing
Carnegie Town Hall
235 West 10^th Street
Sioux Falls, S.D. 

Witness testimony and Sen. Thune’s opening statement will be available on www.commerce.senate.gov.

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South Dakota State Senator Elected President-Elect of NCSL

Chicago – South Dakota Senator Deb Peters (R) has become the president-elect of the National Conference of State Legislatures (NCSL), a bipartisan organization serving the nation’s 7,383 state lawmakers and more than 20,000 legislative staff.

Peters, a Republican, will become NCSL’s president next year at the 2017 NCSL Legislative Summit in Boston, succeeding Iowa Senator Mike Gronstal (D).  NCSL alternates leadership between the two parties each year. Over the past year, Peters has served as NCSL’s vice president.

“Having been an active member in NCSL, I look forward to this year, working as president-elect of an organization that values states’ issues as much as I do,” said Peters. “NCSL is a place for bipartisan dialogue and a source of state power, which has been exemplified at this years’ Summit.”

Peters has been representing District 9 in the South Dakota Senate since 2011. In the preceding years, she served consecutively in the South Dakota House of Representatives beginning in 2005.

During her time as a senator, she has focused on health and safety issues as well as e-fairness, becoming the Appropriations Chair and a member on the Government Operations and Audit Committee. Peters most recently worked on the Main Street Fairness Act and the Remote Transactions Parity Act to limit burdens on retailers and encourage remote sellers to collect taxes, leveling the playing field. While involved with NCSL, Peters has been especially active in the Executive Committee’s Task Force on State and Local Taxation.

Peters lives in Hartford, S.D., with her husband Chris and two sons, Derick and Braden.

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I had an observant correspondent catch this, and send it to me.

The Yes on Amendment V people, who call themselves “South Dakotans for non-partisan elections” have been accused of actually being hidden big-money out of state interests who are trying to use South Dakota to launch their effort elsewhere.

I’ve always felt that nothing tells a story like a picture:

 Here’s the official Vote yes on V car that’s being used by the people staffing their booth at the Sioux Empire fair. Check out their license plate:

Nothing says “South Dakota” like Washington DC.

Update!

Another attendee let me know he was at the Sioux Empire fair, and stopped by the Yes on V booth. It was staffed by three Nebraskans who were all specifically being paid to be there.