Thune to DHS, DOL: H-2B Visa Fix Isn’t Good Enough

Thune to DHS, DOL: H-2B Visa Fix Isn’t Good Enough

-Letter calls on DOL, DHS to begin processing premium H-2B visa applications-

WASHINGTON, D.C.—U.S. Sen. John Thune (R-S.D.) today sent a letter to U.S. Department of Homeland Security Secretary (DHS) Jeh Johnson and U.S. Department of Labor (DOL) Secretary Thomas Perez calling on the agencies to work together to alleviate the current backlog of H-2B visa applications and immediately reinstate the premium processing service for H-2B petitions. Earlier this month, DOL began halting all H-2B labor visas after a federal judge ruled the agency was stepping outside its statutory authority. Last week Thune called on DOL and DHS to take immediate steps to resume the processing of H-2B visas.

Since then, the U.S. District Court for the Northern District of Florida granted a motion permitting DOL to begin issuing temporary labor certificates under the H-2B visa program. While the judge’s ruling is good news for South Dakota employers, the temporary injunction has already caused a backlog in processing that may take some time to resolve. Thune’s letter calls for DOL to resume premium processing of H-2B visas, which should not only help address the backlog, but should also expedite many of the applications, ensuring seasonal positions for the upcoming tourist and construction seasons are filled.

“We’re talking about numerous South Dakota businesses across multiple industries being hamstrung by the Obama administration’s poor planning and lack of foresight—and that’s totally unacceptable,” said Thune. “While I’m pleased H-2B visas are being processed again to ensure South Dakota businesses are able to fill important seasonal positions ahead of the upcoming tourist and construction season, we need to address the backlog as quickly as possible and that means reinstating the premium processing service for H-2B petitions. I’ll continue to stay in close contact with DOL and DHS and remain committed to working with South Dakota businesses to ensure DOL reinitiates premium processing as soon as possible.”

Thune encourages South Dakota employers to stay in contact with his office about the delays they are experiencing.

The text of the senator’s letter is below:

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March 20, 2015

The Honorable Thomas Perez
Secretary of Labor
Office of the Secretary
U.S. Department of Labor
200 Constitution Avenue, NW, Room S-2018
Washington, DC 20210

The Honorable Jeh Johnson
Secretary of Homeland Security
Office of the Secretary
U.S. Department of Homeland Security
Washington, DC 20528

Dear Secretaries Perez and Johnson:

As you know, on March 18, 2015, the U.S. District Court for the Northern District of Florida, in Perez v. Perez, granted a motion permitting the Department of Labor (DOL) to begin issuing temporary labor certificates under the H-2B visa program.  Although the court’s ruling allows adjudication of H-2B visas to recommence, the temporary injunction has already caused a backlog in processing that may take time to resolve.  Additionally, despite this ruling, the premium processing option for H-2B visas has yet to be reinstated, which means employers who need workers for the upcoming tourist and construction seasons in South Dakota may not be able to fill these positions in time.

For this reason, I request that DOL and the Department of Homeland Security work to alleviate this backlog and immediately resume premium processing for H-2B visas.  Please let me know your respective departments’ projected timelines for recommencing the premium processing option for H-2B visas.

Sincerely,

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One reader’s view on SB 69. Is it about time we had fairness for the GOP?

One of my readers who was in Pierre during session offered his opinion to me today on why the democrats squawking about it’s passage by Republicans & signing today by Governor Daugaard are way off base:

Democrats have abused the law for years by using placeholders so they can recruit past the deadline. This fixes that.

They have also taken advantage of their horrible gubernatorial campaigns to have a much lower signature requirement than Republicans. This changes so both are based on registered voters – which is the universe of voters who can sign. Daugaard got lots of votes from Democrats and Independents – none of those people can sign a petition for a Republican candidate. Why should R candidates need 2x the signatures that D candidates do, when R’s have 45% of the registered voters and D’s have 35%?

The last change is with independents. This puts them on equal footing with the R’s and D’s – collecting signatures from Independents and requiring the same percentage.

What will the anti-69 campaign say? “Let Dems continue to abuse the placeholder law” or “Save easy petitions for Dems” don’t have a great ring to it.

This all happened because Bernie Hunhoff tried to amend SB 69 to make it EVEN EASIER for Dems to name candidates after the deadline. Listen to the Senate State Affairs hearing – both days – and you will see.

So the righteous indignation wears a little thin.

Food for thought.

Gov signs SB 67, 69 & Youth Minimum Wage act

Read it and weep. Governor :Dennis Daugaard has signed several of the remaining bills of the legislative session, including the youth minimum wage act, and SB 69, which prevents people from signing on to the ballot to simply serve as placeholders.

Governor Signs Final Bills Of 2015 Legislative Session

PIERRE, S.D. – Gov. Dennis Daugaard signed the last bills from the 2015 Legislative Session into law today:

SB 2 – An Act to provide for the establishment of river basin natural resource districts.
SB 3 – An Act to provide for mediation of certain drainage disputes.
SB 67 – An Act to revise certain provisions regarding challenges to certain election petition signatures.
SB 69 – An Act to revise certain provisions regarding elections and election petitions.
SB 177 – An Act to establish a youth minimum wage.

For more information about these bills, visit legis.sd.gov.

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So, what’s left on the Governor’s Desk? 8 bills to go.

I was looking at the list of bills the Governor signed yesterday (BTW, Thank you for SB 190 Governor), and I decided to wander in the opposite direction and take a look at the bills that are still remaining on his desk for consideration:

Bill Title
SB 2 provide for the establishment of river basin natural resource districts.
SB 3 provide for mediation of certain drainage disputes.
SB 67 revise certain provisions regarding challenges to certain election petition signatures.
SB 69 revise certain provisions regarding elections and election petitions.
SB 100 create a leased residential property classification.
SB 136 exclude certain municipal taxes from the gross receipts used to determine the tax liability for customers served by electric cooperatives and electric utilities.
SB 159 exempt certain amateur sports coaches from sales and use tax.
SB 177 establish a youth minimum wage.

Senate Bills 2 and 3 rework what has been long-standing law with regards to drainage, not to mention SB  setting up new levels of bureaucracy for many areas in the state that weren’t asking for it.  This one is a stumper. I’m not sure where they’re going to fall out.

SB 67 and 69 are the election reform measures as introduced by the Secretary of State and Board of elections, and amended during their passage between the 2 houses of the legislature.  Some of these reforms are badly needed to comply with military voting requirements. Some are needed to fix ‘Bosworth-ian’ petitioning practices. And most of the rest are just common sense fixes.

Are these measures perfect? No. But I suspect the Governor is leaning towards a thumbs up on these, as there are far more reasons to sign them than there are to kill them.

Generally, bills that mess with taxation tend to be subject to the Governor’s red veto pen. Sometimes the veto is overturned, sometimes not. That places SB 100, SB 136, and SB 159 at risk.

And then there’s SB 177, establishing a youth minimum wage.  There are very good arguments for it, but I think given that the change is so close to the vote taken last November, and lacking hard data in terms of how it has been implemented in South Dakota, he may kill this one too.

At the very least, these have the attention of the Governor’s office, enough that they’re doing further research before they make a decision.

Salon Article: FEMA won’t give money to states who don’t accept ‘climate change’

From Salon:

Rick Scott may have found a way of making climate denial state policy, but the Florida governor is going to have a hard time ignoring this. The Federal Emergency Management Agency (FEMA) just updated its guidelines for state disaster preparedness plans, and under the new policy, plans will only be approved — and federal funds appropriated —  if they address the threats of climate change.

“The challenges posed by climate change, such as more intense storms, frequent heavy precipitation, heat waves, drought, extreme flooding, and higher sea levels, could significantly alter the types and magnitudes of hazards impacting states in the future,” the guidelines explain. They direct states to”assess vulnerability, identify a strategy to guide decisions and investments, and implement actions that will reduce risk, including impacts from a changing climate.”

Read it here.

I’m thinking the next Republican President is going to have a heck of a job cleaning out the US Government.

SDDP Files March Monthly FEC Report. 37% of SDDP receipts came straight from the DNC

Well, the latest FEC Report is in from the Democrats. What’s new?

It looks like Zach Crago might have finally been weaned off of the payroll (At least the federal one), but the Democrats are still hugely dependent upon the national party to keep the doors open.

Democrat March20 FEC

Out of $19,240 in receipts, $7,026 came from the Democrat National Committee – 37%! That does not bode well for the SDDP, especially if they are suddenly cut off.

Stay tuned.

Lee Stranahan, and the manufactured attack narrative against Marty Jackley.

stranahan_advI’m on Facebook recently, and I had the following sponsored ad pop up, promoting yet another ridiculous article by former sado/masochism pornography photographer Lee Stranahan, as he continues promoting a campaign against South Dakota Attorney General Marty Jackley.

This of course came on the heels of a press conference Stranahan held in Washington accusing Jackley of “criminal wrongdoing,” which was ignored with the exact same level of blasé by the Washington DC Area press that South Dakota Reporters previously have had for Stranahan’s silliness.

As you’ll notice in the ad on the left, it talks about how “Marty Jackley’s prosecutors” did this or that. But, that’s not exactly truthful.

In this case, they weren’t “Marty Jackley’s” prosecutors. In any way, shape, or form. They were State Attorneys, elected by the people of their county, and completely independent of the Attorney General.

But that’s pretty typical, and stands as one of the biggest problems with the “news stories” that Lee Stranahan has produced as he throws out stories accusing Jackley. They ignore glaring errors, and play up speculation of things that aren’t known at all.

It’s unclear why exactly Stranahan continues his pursuit, making outlandish accusations against South Dakota state & county prosecutors, and the Judiciary in what he characterizes as a scandal. After serving as a paid Annette Bosworth campaign consultant, and contributing to what most would consider a glorious mucking up of her criminal case, his antics caused at least one of her several attorneys to demand he cease association with Bosworth.

Yet, the silliness continued. And still does.

Stranahan’s storied past, including allegations of scams, cons, and other undesirable acts, don’t exactly paint him as a reliable source of news. Not only that, but as we saw with Bosworth, he has a tendency to harm those he claims to champion.  In fact, given that there have been a series of sponsored facebook ads, it leaves one with a sense of wondering who exactly is paying money to promote the messages?    And why?

Unfortunately, a lot of Stranahan’s antics do a grave disservice to a lot of things, including the truth.

First and foremost, many of these stories (and I use that term in a couple of definitions) are expressly and specifically directed at the Attorney General Marty Jackley. Despite the fact that Marty is peripheral, at best, to the matter that Stranahan goes on about, and didn’t prosecute the case.

What we do know conclusively is that Marty was one of the people stuck dealing with the aftermath.

As Attorney General, Marty Jackley is in charge of DCI, or the Division of Criminal Investigation. The Division of Criminal Investigation in South Dakota is often called in to provide specific expertise that many local law enforcement agencies aren’t able to supply themselves, and Special Agents conduct investigations on major felony cases, as they did in the case of the matter of the Mette investigation.

The investigation in the matter of the Mette family and the abuse of foster children at some point seems to have taken a sour turn, and while never indicated publicly, it seems that several things happened in the conduct of the investigation. Things that we can guess prosecutors thought could cost them the ability to pursue it.

The investigation involved issues of horrific child abuse, a type of case that is well noted among experts in law enforcement to be among the most difficult kinds of cases to work with.  As the FBI notes:

“Traditional law enforcement interviewing methods used in typical adult cases are counterproductive when it comes to child victims or witnesses to crimes,” said Stephanie Knapp, one of the Bureau’s four child forensic interviewers. “Sometimes you see unsuccessful outcomes in cases because of poor interview techniques. In many cases of child abuse, for example, where the victim is the only witness, the interview may be a critical element of the investigation.”

And..

Although they follow time-tested protocols, interviewers acknowledge that working with children is an art as well as a science, requiring experience and intuition. “You have to understand and follow the protocols,” Blackwell said, “but it’s also essential that you connect with the kids so that they trust you.”

Read that here.

Investigators and child advocates came into the case, and after a short time were accused of possibly coaching the children on what to say. Into this scenario came DCI investigator Mark Black, who claimed to both interview the children involved, as well as to investigate accusations of witness tampering. And the ambiguity coming out of what happened here seems to be the focus of much of the rhetoric that Stranahan is trying to twist and gin up in his mindless pursuit of Jackley, because much of “what happened” is not public.

Why? Because it involves underage crime victims. It involves personnel matters. And in either case, there’s not much that’s ever going to come to light.

But once in a while you get a hint dropped along the way like a breadcrumb. As noted by the Argus Leader in 2014 with regards to the 2012 case:

Jackley said he had asked North Dakota investigators to look into Black’s behavior in late February, but that the agent’s questionable behavior extended beyond the high-profile case of former advocate Shirley Schwab and former prosecutor Brandon Taliaferro.

By February, Black was accused of domestic abuse by his ex-wife, who took out a temporary protection order against him early this year. The order was not made permanent, but a hearing outlining accusations from Black’s ex-wife was held March 13. The temporary order was extended for 10 days and dismissed March 24.

By then, Black had been terminated.

“I think it’s fair to say that (the witness tampering investigation) was a factor,” Jackley said Friday. “If you were to ask about the protection order issues, I would say that was a factor, too. It was the totality of the circumstances.”

Read it all here.

In addition to what happened with Mark Black, Michael Moore the Beadle County state’s attorney prosecuting the matter had brought witness tampering charges against others involved in the case, which were later dismissed for lack of evidence.

We have an investigator accused of questionable behavior, partially in connection with the case. We have others whose conduct in the matter which had been brought into question. And on top of it all, the crime involves children who may or may not have been willing to take the stand, as well as possibly being the only witnesses in the case.

That seems to leave prosecutors in the unenviable position of trying to figure out what’s left to build a criminal case from to accomplish the ultimate goal – to put a bad, bad person in jail for as long as they could.

Richard Mette, the perpetrator in the sexual abuse case ended up getting a plea agreement of 15 years in prison, which might seem light to some. But in an investigation that apparently was experiencing evidentiary problems as this one did, sometimes a prosecutor – in this case, Michael Moore – is forced to move forward and procure the best deal they could. And we ended up with the 15-year plea agreement.

What really happened to cause problems with the case is arguably something we’ll never know. But as noted, what we do know is that – far from the wild accusations that Lee Stranahan makes of ridiculous grand conspiracies of abuse of power and corruption – the State’s attorney put the bad guy in jail, as best he could with what he had to work with. And, as the person responsible for DCI, Jackley was left to clean up an ugly mess contributed to by one if it’s agents, which was cited by the AG as part of the reason for the agents termination.

Lacking conclusive proof as to exactly what happened, anything else is just what those with overly fertile imaginations want to plant as their narrative, with sponsored facebook links and all.

It’s especially telling that in all of the weaving of this fairy tale by Lee Stranahan, all along the path, Stranahan’s smearing and false narrative of Marty Jackley doing bad things is constantly tied back to his prosecution of Annette Bosworth for fraudulently attesting to witnessing petition signatures.

It was in the beginning. And it continues to be to this day.

We can only hope that when the Bosworth trial happens in May that the silliness, and the sponsored facebook ads, finally go away.

As Lee Stranahan should.

Thune and Nelson Introduce Bipartisan Freight Rail Reform Bill

Thune and Nelson Introduce Bipartisan Freight Rail Reform Bill
-Legislation scheduled for Commerce Committee mark-up next week-

WASHINGTON, D.C. – U.S. Sen. John Thune (R-S.D.) and U.S. Sen. Bill Nelson (D-Fla.), who respectively serve as the chairman and ranking member of the Senate Committee on Commerce, Science, and Transportation, today introduced S. 808, the Surface Transportation Board (STB) Reauthorization Act of 2015.

The STB is the federal regulatory body responsible for economic oversight of the nation’s freight rail system. Run by a three-member, bipartisan board, the agency has regulatory jurisdiction over railroad rate reasonableness, mergers, line acquisitions, new rail-line construction, line abandonment, and other rail issues. The STB was created by Congress in 1996 as the successor to the Interstate Commerce Commission. Since that time, the STB has not been reauthorized or substantively reformed.

“While the STB has been working diligently to ensure the major rail service issues experienced last year by shippers and businesses in South Dakota and other states across the U.S. don’t happen again, last year’s crisis highlighted some of the inefficiencies that currently exist at the agency,” said Thune. “Oversight efforts have identified causes of wasteful and unnecessary delays in adjudicating cases that harm rail shippers, freight operators, and ultimately consumers who pay higher costs. These reforms will help make the STB a more efficient, effective, and accountable agency for the benefit of shippers and railroads alike.”

Thune and Nelson’s bill would allow board members to work together in a more streamlined approach. Their bill would expand the STB board membership from three to five members, and allow for board members to discuss pending matters without issuing a public meeting notice, but with later public disclosure. The bill would also allow the board to initiate some investigations, not just respond to complaints, and would require the STB to establish a database of complaints and prepare quarterly reports on them.

Thune and Nelson’s bill would also change the case review process by requiring the board to establish timelines for stand-alone rate cases and a report on rate case methodology. The bill would codify an arbitration process for certain rate disputes and carrier complaints.

The STB reform bill expands on the work Thune has done over the past year and a half to prevent the rail service challenges experienced in the Upper Midwest in 2013 and 2014 from happening in the future. Thune has worked with the STB, as well as senior leadership of Canadian Pacific Railway and BNSF Railroad, to address service issues that South Dakota shippers have raised.

Thune serves on both the Commerce, Science, and Transportation Committee which has jurisdiction over our nation’s freight and passenger railroads, as well as the Senate Agriculture Committee. In addition, Thune previously served as State Railroad Director under former Governor George S. Mickelson from 1991-1993. For a complete outline of Thune’s work to reduce the rail service backlog, visit his website.

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