Press Release: Thune Announces Commerce Committee Hearing to Examine Freight Rail Transportation Challenges

@SoDakCampaigns

Thune Announces Commerce Committee Hearing to Examine Freight Rail Transportation Challenges

WASHINGTON, D.C.—U.S. Sen. John Thune (R-S.D.), chairman of the Senate Committee on Commerce, Science, and Transportation, today announced a hearing of the full committee entitled, “Freight Rail Transportation: Enhancing Safety, Efficiency, and Commerce” on Wednesday, January 28 at 10:00 a.m. ET (9:00 a.m. CT, 8:00 a.m. MT). The hearing will focus on challenges facing our nation’s freight rail network created by higher demand, pending and proposed rules and regulations, and infrastructure needs. Next week’s hearing continues Thune’s work to improve freight rail service for ag producers and shippers and prevent future rail service disruptions from occurring.

“Rail service challenges that began over a year ago throughout South Dakota are still fresh in the minds of ag producers and those who depend on reliable freight rail service,” said Thune. “As chairman, I recognize the important role the Commerce Committee has in overseeing our nation’s freight rail sector and believe this hearing is key to continuing our work on improving freight rail service. I remain committed to working with shippers, the railroads, and the Surface Transportation Board to examine where things went wrong in the past and determine how we can prevent backlogs and service delays from occurring in the future. The railroads have taken some steps to address these challenges, including record investment, and I look forward to examining the state of the freight rail sector during the upcoming hearing.”

Last Congress, the Commerce Committee held various rail related hearings, including a hearing on the rail service challenges facing shippers across the country, which included agriculture producers in South Dakota who struggled with access to reliable freight rail service during a record harvest. In addition, on September 17, 2014, the Commerce Committee passed the bipartisan Surface Transportation Board (STB) reform bill that Senator Thune and former Commerce Committee Chairman Jay Rockefeller (D-W.V.) introduced to institute common-sense reforms regarding how the STB works and to address rate disputes and service complaints. For a complete outline of Thune’s work to address last year’s rail service backlog, visit his website.

Hearing Details:

WHAT:          Commerce Committee Hearing entitled: “Freight Rail Transportation: Enhancing Safety, Efficiency, and Commerce.”
DATE:            Wednesday, January 28, 2015
TIME:            10:00 a.m. ET, 9:00 a.m. CT, 8:00 a.m. MT
WATCH:        Senate Commerce, Science, and Transportation Committee Website

###

State Treasurer Rich Sattgast appointed by Governor Daugaard to serve as Acting Public Utilities Commissioner for Dakota Access Pipeline Hearings.

@SoDakCampaigns

It’s only been mentioned peripherally, but starting last week, South Dakota has a brand new Public Utilities Commissioner. But it’s not an unfamiliar name to many of the state’s residents, as they’ve been voting for him for many years.

As a result of a conflict which caused Public Utilities Commissioner Kristie Fiegen to have to take a step back from her duties, State Treasurer Rich Sattgast finds himself doing double duty this week as South Dakota’s newest Public Utilities Commissioner, although, he’s only doing so on a temporary basis.

Hearings for the proposed Dakota Access pipeline are taking place across South Dakota this week with Commissioner Sattgast seated at the table with permanent Commissioners Gary Hanson and Chris Nelson. The dual role came about as a result of Commissioner Kristie Fiegen formally informing Governor Daugaard in writing on January 8th of a conflict of interest she faced, disqualifying her from participating in the hearing.

In her letter, Fiegen noted:

I have recently been informed that the proposed pipeline would cross land owned by my sister-in-law (my husband’s sister) and her husband in the counties of McCook and Minnehaha. Pursuant to SDCL 49-1-9, a Public Utilities Commissioner may not participate in a proceeding in which the Commissioner has a conflict of interest. Given this familial relationship, I am regretfully disqualifying myself from participating in this proceeding.

As required by SDCL 49-1-9, I hereby certify that I am disqualifying myself from participating in this docket and request that you appoint an elected constitutional officer, other than the attorney general, as a member of the Commission in my place. In order to give notice of my disqualification, I am filing this letter in Docket HP 14-002.

As a result, this placed Governor Daugaard in the position of having to choose among the eligible constitutional officers, excepting Marty Jackley who serves as the state’s lawyer. Governor Daugaard turned to Sattgast, currently our state’s most experienced constitutional officer, having been termed out of office as Auditor before assuming the position of State Treasurer where he is now starting his second term.

Commissioner Gary Hansen noted to Sattagst that while people have recused themselves from portions of proceedings before, this is the first time in modern history that due to the extensive nature of the hearings needed, the PUC believed that a suitable replacement for Fiegen in the hearings should be named by the Governor to step in and serve as the third commissioner.

Sattgast was on hand for two meetings yesterday in Bowdle and Redfield. Today, he’s serving with the commission at a meeting in Iroquois this morning, and in Sioux Falls tonight.

I asked Rich about his new experience, and he noted “It’s certainly an honor to have been asked to serve in this capacity. We’ve only been to two communities so far, and it’s been very interesting to hear from people from both sides of the issue. I look forward to performing the duties of commissioner, and doing what’s best for all involved and the State of South Dakota.”

The appointment from the Governor is an official appointment filed with the Secretary of State, and requires Sattgast to provide financial disclosure to avoid any potential conflicts of his own while doing double duty for South Dakota’s taxpayers.

During his limited tenure on the commission, those taxpayers are getting their money’s worth. Despite the additional duties as a constitutional officer, Sattgast is only allowed to receive his official salary for State Treasurer.

I did ask Sattgast if there was any chance he’d consider running for a full term on the PUC himself? Rich politely demurred from answering my leading question. And noted “he enjoys being State Treasurer.”

And In case you’re interested in the documents that made it happen…

sattgast attachment

Press Release: Thune Holds Inaugural Hearing as Chairman of Commerce Committee

@SoDakCampaigns

Thune Holds Inaugural Hearing as Chairman of Commerce Committee

“Regulating the Internet like a public utility monopoly will harm its entrepreneurial nature, chill investment, and lead to prolonged litigation. I believe the most enduring way to protect both the Internet and individual Internet users is through legislation that establishes clear rules of the digital road as well as clear limits on the FCC’s regulatory authority.”

WASHINGTON, D.C.—U.S. Sen. John Thune (R-S.D.), chairman of the Senate Committee on Commerce, Science, and Transportation, yesterday held his inaugural hearing as chairman entitled, “Protecting the Internet and Consumers through Congressional Action.” The hearing focused on insights into government regulation of the Internet and fears that the Federal Communications Commission (FCC) is about to chart a course that will lead to overregulation that harms investment and job creation in the digital economy.

Last week, Thune and Representative Fred Upton (R-Mich.), Chairman of the House Energy and Commerce Committee, released a discussion draft on principles for bipartisan legislation to provide clear rules of the road for open and unfettered access to the Internet.

Thune also invited Tom Simmons, Senior Vice President of Public Policy at Midcontinent Communications (Midco), to testify before the hearing. Tom spoke to his first-hand knowledge of the current light touch regulatory approach that has sparked innovation and driven success at Midco. Video of Mr. Simmon’s statement is available here, and his written testimony is attached.

Video of Thune’s opening statement is here and text is below:

“Today we convene the committee’s first hearing of the 114th Congress to consider an issue that has divided policymakers for more than a decade – how best to protect the open Internet. The Federal Communications Commission believes it already has the answer – impose public utility regulations on the Internet. But there is well-founded fear that regulating the Internet like a public utility monopoly will harm its entrepreneurial nature, chill investment, and lead to prolonged litigation.

“Instead of using outdated regulations, I believe the most enduring way to protect both the Internet and individual Internet users is through legislation that establishes clear rules of the digital road as well as clear limits on the FCC’s regulatory authority. Certainty about how consumers will be protected and certainty about the government’s role in the online world is critical to preserve the Internet as an engine for innovation, creativity, economic growth, and free expression.

“I want us to pass legislation providing certainty that users will have unfettered access to the entire Internet. I want us to pass legislation that provides certainty for creators at the edge of the Internet, so that they can continue to reach users across the Internet without interference. I want us to pass legislation that provides certainty for Internet service providers about precisely what rules they will be required to follow. I want us to pass legislation that provides certainty for the FCC, so that it can enforce legally-sound open Internet rules that survive beyond the current administration. The entire Internet needs this kind of statutory certainty, and only Congress can provide it.

“Last week, I put forward a set of eleven principles that I believe can be the framework for a bipartisan consensus.

“Prohibit blocking
“Prohibit throttling
“Prohibit paid prioritization
“Require transparency
“Apply rules to both wireline and wireless
“Allow for reasonable network management
“Allow for specialized services
“Protect consumer choice
“Classify broadband Internet access as an information service under the Communications Act
“Clarify that Section 706 of the Telecommunications Act may not be used as a grant of regulatory authority
“Direct the FCC to enforce and abide by these principles

“The discussion draft that Chairman Upton and I released is our attempt to turn these principles into statutory text. The details matter greatly in this debate, and we felt there could be no progress toward a solution until legislators started discussing those details. I do not expect our draft to be a final product, but I also believe that it is not a partisan starting point to the conversation. We have put forth a good faith proposal to find common ground between the parties. We hope today’s hearings will facilitate a serious conversation around a long term solution.

“I am willing to discuss how the eleven principles will be implemented, and I am eager to get to work with my colleagues, many of whom I have already spoken with. But I also want to be clear that I will not compromise these principles, particularly if doing so would leave the FCC’s authority unbounded or would leave open the possibility for harmful regulatory burdens being leveled on the Internet.

“Chairman Upton, Chairman Walden, and I have been working with our colleagues on the Commerce Committees and across the aisle since late last year to find a lasting resolution that protects the open Internet. My colleague, the new ranking member of this committee, Senator Bill Nelson of Florida, has been serious and substantive in discussions with me. I appreciate his efforts, and they underscore that there is a bipartisan interest in finding a legislative solution.

“In the absence of clear legislative guidance, the FCC has floundered for more than a decade to forge its own regulatory powers from legal authorities crafted prior to the emergence of the Internet as the most consequential communications platform of our lifetime. We have now reached an unfortunate point where both the president and the chairman of the FCC feel compelled to move forward using a tool box built 80 years ago to regulate a literal monopoly. And they do so without any apparent interest in working with Congress to solve the FCC’s legal dilemma.

“Even if the executive branch seems willing to go alone down a politically toxic and legally uncertain path, I sincerely hope that a willingness to collaborate develops within the legislative branch. After a decade of failure and wasted taxpayer resources, we should not continue to leave this issue to a five-member regulatory agency. Congress needs to reassert its responsibility to make policy, and let the FCC do what it does best – enforce clear statutory rules. I want to work together with my colleagues to finally settle the question of the FCC’s authority over retail Internet service. If Chairman Wheeler moves ahead as planned, however, the only certainty is that the FCC will again find itself tangled up in court for years to come.

“Before I finish my remarks, I want to put forward a challenge to the members of this committee. Let’s find common ground and forge a permanent solution. I have offered the president an opportunity to engage, I have spoken with Chairman Wheeler on numerous occasions, and I will engage any senator who wants to find a workable legislative solution. Having the FCC regulate the Internet as a public utility while Congress sits idly on the sideline is an outcome that will prove to be short-sighted. Let’s find a consensus solution that none of us have to call a ‘compromise.’

“I look forward to hearing from our diverse panel of experts, and also to working with my colleagues in the coming days and weeks.”

###

Senator Thune part of Bipartisan Bill to Prevent Unnecessary EPA Regulation of Ammunition and Fishing Tackle

@SoDakCampaigns

Thune, Klobuchar Introduce Bipartisan Bill to Prevent Unnecessary EPA Regulation of Ammunition and Fishing Tackle

-Bill excludes ammunition and fishing tackle from TOSCA, leaving regulation to the states-

 WASHINGTON, D.C.—U.S. Sens. John Thune (R-S.D.) and Amy Klobuchar (D-Minn.) today introduced legislation to prevent ammunition and fishing tackle from unnecessary Environmental Protection Agency (EPA) regulation. The Hunting, Fishing, and Recreational Shooting Protection Act excludes ammunition and fishing tackle from the Toxic Substances Control Act, leaving regulation up to state fish and game agencies and the U.S. Fish and Wildlife Service, which currently regulate ammo and tackle.

“I was pleased to help secure a provision in the fiscal year (FY) 2015 appropriations bill to ban the EPA from regulating lead in ammo and tackle for the remainder of FY 2015, but that’s just a start,” said Thune. “To prevent the EPA from moving forward in the future with extreme and unnecessary regulations on certain ammunition and fishing tackle, Congress must pass legislation preventing a future federal regulation that could price sportsmen and women out of the market. I am committed to ensuring that generations of South Dakotans are not unnecessarily restricted from hunting, fishing, and enjoying the great outdoors, and will continue to push for consideration of this legislation by the full Senate.”

“Hunting and fishing are not only important to Minnesota’s economy – they’re also a cherished part of our state’s heritage and identity,” Klobuchar said. “This commonsense, bipartisan bill will prevent unnecessary regulation and ensure that our state’s sportsmen can enjoy the great outdoors as they’ve done for generations.”

According to the National Shooting Sports Foundation, 95 percent of ammo currently manufactured is made with lead. Steel shot is also significantly more expensive than lead shot, and can cost as much as 25 percent more per case.

Currently, regulation of lead in hunting ammunition and fishing tackle is left to the states. In addition, the federal government also already regulates the use of lead ammo for hunting on federal property, including Fish and Wildlife Service and Army Corps of Engineers land.

The legislation is supported by The National Shooting Sports Foundation, Safari Club, Congressional Sportsmen’s Foundation, and other hunting and fishing groups.

###

Press Release: Rounds to Chair EPW Subcommittee on Regulatory Oversight

@SoDakCampaigns

Rounds to Chair EPW Subcommittee on Regulatory Oversight


WASHINGTON— U.S. Sen. Mike Rounds (R-S.D.), a member of the Environment and Public Works (EPW) Committee, today announced he will chair the EPW Subcommittee on Superfund, Waste Management and Regulatory Oversight. Among other duties, the subcommittee is responsible for oversight of agencies, departments and programs within the EPW Committee’s jurisdiction. This includes the Environmental Protection Agency (EPA) and Army Corps of Engineers.

“It’s a privilege to be chosen to lead this important subcommittee, which will provide much-needed oversight on some of the Administration’s most egregious regulations,” said Rounds. “Many of the agencies under EPW’s jurisdiction have run amuck under President Obama’s watch, threatening the agriculture industry, the energy sector and economic recovery across the nation.  I look forward to keeping a close watch on these agencies in this new role to make sure we are being responsible stewards of our natural resources.”

U.S. Sen. Jim Inhofe (R-Okla.), Chairman of the EPW Committee, also weighed in.

“It is an honor to have Senator Mike Rounds serve as the Chairman of the Subcommittee on Superfund, Waste Management, and Regulatory Oversight,” said Inhofe. “Governors are known for working hard and getting things done for their constituents, which is why South Dakotans chose to send their former governor to represent them in the U.S. Senate. I look forward to his contribution to the committee, especially the oversight he will conduct of EPA’s excessive regulation impacting all Americans, from our energy industry to our farmers and small businesses.  It’s been an honor getting to know him over the past few months, and I look forward to his leadership on the committee in the 114th Congress.”

Rounds also sits on the EPW Fisheries, Wildlife and Water Subcommittee.

###

Release: Noem’s Human Trafficking Provisions Pass Key House Panel

@SoDakCampaigns

Noem’s Human Trafficking Provisions Pass Key House Panel

Washington, D.C. – Rep. Kristi Noem’s Human Trafficking Prevention, Intervention, and Recovery Act was passed today by the House Judiciary Committee.  The legislation is expected to be considered by the full House as early as next week.

“We have to do everything we can to protect young people from this unconscionable industry.  And when prevention efforts fail, we have a responsibility to intervene and help survivors recover,” said Congresswoman Noem.  “The provisions that advanced today would give caregivers, state law enforcement officers, and others more tools to end trafficking in our communities. My hope is that we’d also be able to open the door for local shelters to receive the support they need to house survivors, because recovering victims must have a safe place to go.”

The bipartisan Human Trafficking Prevention, Intervention, and Recovery Act (H.R.350) would launch a review to look into federal and state trafficking prevention activities.  This will help us identify best practices to stop human trafficking.  It also requires an inventory of existing federal anti-trafficking efforts to make sure all federal agencies and programs work together and that federal resources are being targeted where needed.  Finally, the legislation improves existing Department of Justice grants, ensuring that the grants also support shelters for survivors.

“Every day, here in the United States, thousands of victims are shuttled from place to place for the purpose of becoming sex slaves in a black market that feeds on the misery of others.  We cannot allow this to continue,” said Rep. Bob Goodlatte, Chairman of the House Judiciary Committee.  “In order to effectively attack this problem, it is first necessary to fully understand it. This legislation requires the Interagency Task Force to Monitor and Combat Trafficking, in consultation with nongovernmental organizations, to identify best practices and any possible gaps that might exist in research and data.  The bill also directs the Government Accountability Office to report to Congress on the effectiveness of the various federal grants aimed at stopping this crime.  Finally, H.R. 350 helps to provide young victims of sex trafficking a safe and secure path forward by ensuring that existing federal grants can be used for housing services. I encourage my colleagues to support this legislation.”

This legislation was first introduced by Rep. Noem in the 113th Congress to help give shelters, law enforcement officers, and caregivers more resources to address the human trafficking crisis.  While the legislation passed the House late last year, the Senate failed to consider the legislation.  Rep. Noem reintroduced the legislation at the beginning of this Congress with California Democrat Rep. Doris Matsui.

###

Democrat party floating idea to move candidate picks to party HQ in Sioux Falls.

@SoDakCampaigns

I had some time this morning, and listened in to one of the pieces of legislation I’m following, Senate Bill 69 which was heard in Senate State Affairs this morning.

SB 69 is a bit of an omnibus bill regarding petition requirements, including a proposal to move the start of the petitioning process back to December 1 of the year preceding the election. I’m in favor of parts, oppose parts (specifically removing the Registered mail submission of petitions), and think the exercise is a worthwhile discussion to have.

One of the most notable things from this morning was the testimony against the bill by the ACLU lobbyist dujour, who will likely move on to other things within a year or so as most of their people do. But this moment’s ACLU Person, “Libby,” was there mainly to introduce their expert opponent and to present a bill amendment.

Their person, the writer of “Ballot Access News” spoke. And the bill amendment that the ACLU was supposed to have ready? They didn’t have it prepared.  At all.  Regardless, what the Ballot Access person spoke of was a desire by the ACLU to amend the law to allow new political parties to organize as late as June or July for inclusion on the fall ballot.

And it gets better.

The ACLU apparently wanted not just late statewide ballot access for new parties organizing as late as July, but they want to change the law to give them the ability to select local legislative candidates at convention. That was bad.

And it got worse. In later committee discussion, Democrat Senator Bernie Hunhoff suggested going even further.

The path that Senator Hunhoff started to explore in committee discussion on the bill was one that raised my eyebrows. Senator Hunhoff floated the concept of removing the concept of placeholder candidates – a tool Democrats are using in greater and greater numbers as time goes by in an attempt to fill gaps left by the lack of interest of people in running as Democrats – and instead allow the political parties to fill the empty ballot positions.

I almost had to do a double take, and internally asked, “Is he kidding?”

In effect, it would allow them to nearly forego the petition process entirely, and allow whoever is in charge of the disorganized mess at Democrat HQ in Sioux Falls to find a list of 105 people acceptably liberal, and anointed by party elders, to just be their candidates.

So, why is the Democrat party floating idea to move candidate picks to party HQ in Sioux Falls? I’m sure they’d like to pass laws that way too, but there are valid reasons we don’t. Really, how is a candidate finding 25 or 30 people to sign a petition to nominate them to run burdensome in the least? (Dems, it might typically be far fewer)

It would seem that the petitioning process is an incredibly nominal step, but an important one to ensure that the person running is there to represent the people of their district, as opposed to whoever from that zip code sent a donation into the Democratic party. It has the important step of broadening the representation the candidacy provides. Personally, (except for Lt. Gov) I’d like to see most of the constitutional level candidates have to circulate petitions too, but I might face opposition going that way as well.

So whether the suggestion comes from the ACLU, or State Democrats, any suggestion of stripping the petitioning requirement is something that South Dakotans should take a dim view of.  And if gathering a few names is too large of a burden for some, then maybe they aren’t the kind of people anyone wants in a position of power.

Release: Rounds Supports Clay Hunt Suicide Prevention for American Veterans Act

@SoDakCampaigns

Rounds Supports Clay Hunt Suicide Prevention for American Veterans Act

WASHINGTON— Today, U.S. Sen. Mike Rounds (R-S.D.) supported the Clay Hunt Suicide Prevention for American Veterans Act, which passed out of the Senate Veterans’ Affairs Committee. The bill will now move to the full Senate floor for consideration.

“Our men and women in uniform make incredible sacrifices to protect our freedoms, and the Department of Veterans Affairs has a responsibility to provide proper care for them when their service is complete,” said Rounds. “This includes offering quality, accessible mental health care to returning veterans, many of whom struggle with the invisible wounds of war long after they leave the battlefield. Our bill is a positive step toward offering them necessary assistance while streamlining programs to make sure our resources are being used effectively. I was pleased to vote it out of the Veterans’ Affairs Committee today.”

Statistics show that an average of 22 veterans take their own lives every day in the United States. The Clay Hunt Suicide Prevention for American Veterans Act calls for outside evaluations of all the current suicide prevention programs at the VA and the Department of Defense to make sure they are functioning as intended. Those found ineffective will come under review for improvement, consolidation or elimination.

It also would require a new website to be built that offers veterans information on how to access mental health services. Additionally, it creates a medical school loan repayment program to recruit more VA psychiatrists.

The bill was named for Clay Hunt, a Marine veteran who committed suicide in March 2011 at the age of 28. An identical bill passed the House of Representatives with bipartisan support yesterday.

###