Obama Administration moving forward with ‘a dozen’ new gun regs, including ownership restrictions.

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From the Hill:

GunbanThe Justice Department plans to move forward this year with more than a dozen new gun-related regulations, according to list of rules the agency has proposed to enact before the end of the Obama administration.

and…

“It’s clear President Obama is beginning his final assault on our Second Amendment rights by forcing his anti-gun agenda on honest law-abiding citizens through executive force,” said Luke O’Dell, vice president of political affairs at the National Association for Gun Rights.

The Justice Department plans to issue new rules expanding criteria for people who do not qualify for gun ownership, according to the recently released Unified Agenda, which is a list of rules that federal agencies are developing.

and…

Gun rights advocates argue it would be more effective to ban people on an individual basis, as opposed to banning all people who are mentally ill.

“A person who experienced a temporary reaction to a traumatic event or who has trouble handling household finances may well be treated the same as a violent psychopath,” the NRA wrote.
  “Not only is this unjust and stigmatizing, it creates disincentives for those who need mental health treatment to seek it, increasing whatever risks are associated with untreated mental illness,” it added.

Aside from these issues, some gun rights advocates have also raised concerns about upcoming ATF rules that would require gun dealers to report gun thefts, provide gun storage and safety devices, and place restrictions on high-powered pistols, among other things.

Read it here.

Soooo…….  Any thoughts on this?

US Senator John Thune’s Weekly Column: Telemedicine Helps Bring Patients to Doctors

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thuneheadernew Telemedicine Helps Bring Patients to Doctors
By Senator John Thune

John_Thune,_official_portrait,_111th_CongressAn increasing number of South Dakotans are seeking the use of telemedicine, which makes it easier for physicians to see patients that may not be able to travel as easily or frequently to where their physician practices. It can be particularly useful when patients are seeking medical care from a specialty provider located outside of the state. Despite its advantages, without a way to more efficiently license physicians across state lines, telemedicine advancement is hindered.

In March 2013, I led a bipartisan letter to the Federation of State Medical Boards (FSMB), an organization of state boards of medicine responsible for regulating medicine in each state, encouraging them to begin development of a comprehensive system that would allow states to retain control of medical licensure and ensure the safety of patients who choose to use telemedicine.

During its past legislative session, the South Dakota state legislature was one of the first states that opted to join a compact that would speed up the process of licensing physicians who wish to practice in multiple states. Just recently, a sufficient number of states opted into the compact, making it an effective way to more easily license physicians in multiple states.

Expediting the process by which physicians can be licensed and practicing telemedicine in multiple states in a safe and accountable manner is important, and I am pleased that several of my Senate colleagues have joined me in encouraging FSMB to address this barrier to effective telemedicine. I am particularly pleased that this compact is now in force and can be used to continue to advance the adoption of telemedicine.

I am committed to continuing telemedicine’s advancement in a way that both preserves states’ ability to regulate medicine within their borders and protect their patients. Allowing states to share information, while allowing each state to retain jurisdiction over physicians who choose to practice in the state, is in the best interest of both physicians and patients.

This compact keeps patients safe by preserving state-based licensure and is a win for doctors and patients.

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US Senator Mike Rounds’ Weekly Column: Regulation without Representation

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Regulation without Representation
U.S. Senator Mike Rounds
May 29, 2015

MikeRounds official SenateThe burden placed on Americans to pay for federal regulations in 2014 far exceeded the cost we paid in income taxes. According to the Competitive Enterprise Institute, Americans paid $1.88 trillion in regulatory compliance and $1.4 trillion in individual federal income taxes. These numbers should concern every one of us. Not only are regulatory costs taking money out of the pockets of South Dakota families, they are stunting economic growth and crushing the can-do American spirit that founded our nation, settled the West, won two world wars and put a man on the moon.

Even more alarming, the rules and regulations are being made by unelected, unaccountable bureaucrats at the highest level of government, often behind closed doors. The individuals creating many rules that impact us are not elected and have no direct contact with those who are impacted.

Our founders established three coequal branches of government with checks and balances for each. Recognizing the need for order in our society, they granted congress – whose members are elected by the people – the power to create laws. They never could have imagined today’s rulemaking process, in which unelected people in Washington have the final say in the bulk of rules under which we must live our daily lives. The regulators have essentially become a fourth branch of government and de-facto legislative body.  The current system squeezes out the voice of the people in the democratic process. It’s regulation without representation, and it’s wrong.

It’s time to restore the people’s role in the rulemaking process. I recently introduced a resolution in the Senate to create a Joint Select Committee on Regulatory Reform whose purpose is to review regulations currently on the books and propose a new rules review plan, one that includes elected representatives. The Regulation Sensibility Through Oversight Restoration (RESTORE) Resolution takes steps to permanently address overregulation and restore congress’ role in making certain the laws are being carried out as intended.

RESTORE directs the Joint Select Committee to conduct a systematic review of rules currently on the books. It would hold meaningful hearings on the effects of current rules and look for ways to reduce, eliminate or sunset unnecessary and outdated ones. To address regulations moving forward, RESTORE would direct the committee to review and recommend one of several options giving congress a role in reviewing rules before they are enacted. This is already happening in the state legislatures of 41 states, including South Dakota.

Not every rule is bad. Good rules weed out bad actors and keep us safe. But the role of the executive branch is to implement and enforce the laws as congress intended. Unfortunately, the lack of oversight has led to bureaucrats exceeding their authority and overstepping the role of the executive branch. The result is that the rules they implement are hindering our freedoms and stifling the American spirit.

The goal of RESTORE is to restructure the rulemaking process, returning it to the American people so they once again have a say in the rules and regulations that affect them the most. Last year, unelected bureaucrats  implemented 16 rules for every one bill that was signed into law. It is time to end regulation without representation and restore our faith in the people to make the best decisions for their families and businesses.

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Congresswoman Kristi Noem’s Weekly Column: Protecting Our Backyards

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Protecting Our Backyards
By Rep. Kristi Noem
May 29, 2015

kristi noem headshot May 21 2014America’s protection of property rights has always set us apart from others around the globe, but it’s an American value that is under attack today.  On May 27, the Environmental Protection Agency (EPA) finalized a rule that could represent one of the largest federal land grabs in United States history.  In the swoop of a regulatory pen, the EPA expanded the federal government’s control to include small and seasonal bodies of water.  That means ditches, prairie potholes, and even streams that run through your yard after a heavy rain could be subject to federal regulations under the Clean Water Act.

Without a doubt, we should all be able to turn on the faucet or go fishing and know the water is safe.  For years, the Clean Water Act has helped accomplish that, but this latest move by the EPA goes too far.

Under the new EPA rule, farmers and ranchers – especially those in the Prairie Pothole region – may have to get additional permits from the federal government in order to control bugs or weeds in their fields.  Homeowners may be required to get permission from the federal government in order to put a fence up in their backyard.  Landowners may need approval from the federal government if they want to build a house or even plant a tree.

The costs of permit applications and compliance may be significant to begin with, but any failure to comply with the complex web of federal rules and regulations could result in a fine as high as $37,500 per violation per day.  What family can afford that?

Since this rule was initially proposed, thousands of people have reached out to the federal government to say they don’t want the EPA as a guest in their backyard.  To push back, the EPA, which is supposed to be an objective arbiter, launched a campaign on social media and elsewhere to gin up support for the government expansion.  Their campaign failed and the public continued to criticize the rule.  But the EPA ignored these facts, insisting this erosion of private property rights move forward anyways.

The May 27 announcement was the EPA’s final ruling, but that does not mean it’s the end of the road.  In early May, I joined the U.S. House of Representatives in passing H.R. 1732, the Regulatory Integrity Protection Act of 2015.  If enacted, this bipartisan legislation would stop the EPA from moving forward and send them and their partners in the Army Corps of Engineers back to the drawing board.  Similar legislation has been introduced in the Senate, so I’m hopeful they will act quickly to pass the bill.

Once again, the administration is overstepping its legal bounds with this regulation.  The Clean Water Act was never intended to be so personally invasive – a reality the Supreme Court has reaffirmed on two separate occasions.  It’s time the federal government begin respecting the property rights of hardworking Americans and ditch this rule.

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Lt. Gov. Matt Michels Weekly Column: “Be The Cure” In South Dakota

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“Be The Cure” In South Dakota
A column by Lt. Gov. Matt Michels:

Matt MichelsI currently serve as South Dakota’s Lt. Governor, but I have had the opportunity to wear a lot of different “hats” throughout the years. Few have been as formative as my nurse “hat.” Nursing exposed me to people from many different walks of life and taught me about compassion, as well as countless other life lessons. But, it also taught me about the far-reaching impact of medical ailments and the importance of doing what we can, as a society, to confront those ailments.

Public health should be everyone’s concern. Over the years, the development of new medicines has been vital in helping people live longer and healthier lives. Clinical trials are the primary route by which patients can voluntarily participate in the drug development process, receive access to unapproved investigational medicines and contribute to the collection of data necessary for Food and Drug Administration (FDA) approval.

Successful clinical trials require diverse and robust volunteer participation. It is important that people of all races understand the benefits of clinical trials. Different racial groups can be affected by different diseases and may respond differently to certain kinds of medications. Unfortunately, minority groups are typically underrepresented in clinical trials, resulting in limited evidence for how effective such treatments may be for those individuals.

As Lt. Governor, I have the opportunity to participate in a bipartisan group called the National Lieutenant Governors Association (NLGA). This year the NLGA is starting a new program called “Be the Cure.” The goal of the program is to increase education and awareness among legislators, policymakers, patients and providers about the clinical trial process, specifically the need for participation of diverse patient populations.

South Dakota is home to people of many different backgrounds, and we need to work to continue advancing medicines that could help all of our state’s residents. It is important that we all spread the word about the need for diversity enrollment in clinical trials and the value and benefits of increased participation by underrepresented communities.

I encourage you visit the National Lt. Governors Association “Be the Cure” web site at www.nlga.us  to learn more about the importance of clinical trials and increased participation by all.

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Light posting for a couple. I’m back south (hopefully for the last time)

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Greetings from excessively humid Bella Vista, Arkansas!

No, I’m not vacationing. My pickup is loaded up, the estate sale people are coming today, and I’m hoping I’m on my last trip to clear out my in-laws’ home in preparation for sale.

We’re breaking for lunch at the moment, as you can tell from a couple of my dining/working companions:

They’ve been ‘toting that barge,’ and ‘lifting that bale’ since 7am, so they’re entitled to be fed at least once today.

Packing boxes, unloading cabinets, moving furniture, loading trucks – It’s just like the 20-plus years I spent in the auction business again. And a reminder why none of my daughters had any interest in it. Not even clerking! My boys still have a smile… for now.

So, light posting for a bit. It’s time to get back to the grind.

AFP Calls For Overturn of EPA Water Rule

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AFP Calls For Overturn of EPA Water Rule

Thanks South Dakota Delegation for Doing Their Part To Repeal This Onerous New Regulation

SIOUX FALLS, S.D. — Americans for Prosperity South Dakota issued the following statement on the Environmental Protection Agency’s (EPA) newly finalized “Waters of the United States rule” which will drastically expand the power granted to the EPA and Army Corps of Engineers under the Clean Water Act (CWA).

“The amount of regulatory overreach coming from the EPA is astonishing,” explained Ben Lee, State Director of Americans for Prosperity South Dakota. “The Waters of the U.S rule threatens property rights and drowns land owners in red tape. This new rule will have a serious impact on the South Dakota’s economy– particularly in agriculture. It’s important that our lawmakers support efforts to overturn the rule. We thank Senators Thune and Rounds as well as Congresswom Noem for their efforts to stop this regulation and for standing up for the rights of South Dakotans all across our state.”

The new rules proposed by the EPA will drastically expand the reach of the EPA to regulate water on private property. By redefining the “waters of the U.S.” from its current definition in the Clean Water Act to “navigable waters” the EPA now has the ability to regulate conceivably any area water flows through. This would include dry creek beds, irrigation ditches, and even simply standing water. This new rule would come with significant compliance costs for South Dakota landowners and family farmers and infringe upon their rights.

Bosworth attorney: Appeal to SD Supreme Court coming

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Here we go again! From AP/Brookings Radio News:

An attorney for a former South Dakota U.S. Senate candidate who has been convicted of felony election law violations says they plan to appeal to the state Supreme Court. Bob Van Norman, an attorney for Sioux Falls physician Annette Bosworth, said Thursday they plan to appeal after her planned July sentencing.

and…

Van Norman says Bosworth is “devastated.”

Read it here.

Ugh. Can we get off this carnival ride already?

Jackley on proposed sentence: “No jail” could “be overcome by the defendant’s conduct.”

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From the Argus Leader, it sounds as if Bosworth is on notice that her behavior matters, and that she isn’t guaranteed no jail time:

Her medical license could be jeopardized. She faces a maximum punishment of 24 years in prison and $48,000 in fines.

Marty JackleyAttorney General Marty Jackley said prosecutors will review mitigating and aggravating circumstances before making a sentencing recommendation.

“Under South Dakota law, non-violent felonies such as these carry a presumption of no or limited actual jail time,” Jackley told The Associated Press. “The presumption may be overcome by the defendant’s conduct.”

Jackley said one mitigating factor would be if Bosworth accepted responsibility.

Read it here.

With Marty noting that there’s a presumption of no jail time, and the fact that a $48,000 fine might be chump change for someone raising money nationally, is jail time necessary to make an impactful statement that such behavior won’t be tolerated?