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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Wasn’t there allegedly going to be an opponent for Congresswoman Kristi Noem? We’d all heard the rumors.

But as the days go by, and we hear crickets from the Dems, Kristi’s war chest for the next election just keeps getting better & better, dimming the possibility of any opponents remotely resembling anything credible.

Because today, Noem just posted that she raised over $295k this quarter – providing her with 1.2 million cash on hand.

That’s a heck of a hole to dig out of for any candidate. Much less one that hasn’t announced yet.

Well. KSFY interviews Annette Bosworth tonight. 

It’s an Annette Bosworth who seems a bit hesitant to take responsibility for her actions, using the same old talking points we know so well.

But it is funny that the reporter doesn’t seem to be buying it, and speculates that her community service seems a bit…. convenient.

But Bosworth meeting with Pine Ridge officials about working here before her trial began and then ending up here following her trial to serve community service makes it appear this was planned.

So I asked Bosworth point blank…was it planned? Did she see this an opportunity…with the backing of a Native American tribe… to keep her medical license if the state tried to take it following the trial? This is how she answered that question. “I can have no money. i can have no form of income. I can be here serving the poorest of people and they’ll say its an opportunity. I mean…..how ironic.”

And..

But I asked her isn’t it possible she was prosecuted….simply because she broke the law? “I know it now. I know I have 12 felonies because a mistake was made….absolutely. I get it that. I’m the leader and I am the one holding the bag. But did I intentionally sign an oath that I knew was wrong? No.”

Read the opposite of Annette taking responsibility here.