Thune Reintroduces Bill to Improve Child Support Enforcement for Native American Tribes

WASHINGTON — U.S. Sens. John Thune (R-S.D.), ranking member of the Senate Finance Committee’s Subcommittee on Taxation and IRS Oversight, and Ron Wyden (D-Ore.), chairman of the Senate Finance Committee, today reintroduced legislation to improve child support enforcement for Native American tribes by allowing the 60 tribes that currently operate their own child support agencies to access the Federal Tax Refund Offset Program to collect past-due child support from non-custodial parents. It would also create parity between tribes and states by allowing tribal child support agencies to obtain other identifiable information of non-custodial parents that can be used to enforce child support.

“State child support agencies have access to federal programs that assist them in collecting past-due child support from non-custodial parents,” said Thune. “Tribes in South Dakota that operate their own child support agencies should have access to these same programs and information. This legislation would help ensure that families in Indian Country receive child support payments that are past due and help put tribal and state child support enforcement programs on equal footing.”

“Tribes in Oregon and across the nation deserve access to the same tools as state child support agencies, especially when it comes to making sure families and children get the support they need to thrive during the COVID-19 pandemic and beyond,”said Wyden. “This bill is a common-sense step to help tribal child support agencies recover past-due child support payments for children who might otherwise go without.”

“The NATCSD is extremely pleased by the introduction of the Tribal Child Support Enforcement Act,” said Susan Smith, president of the National Association of Tribal Child Support Directors. “Our sincere thanks to those who have persistently and tirelessly worked for the introduction of this Bill. We look forward to ‎the passage of this Bill as it will assist Tribal IV-D agencies in collecting child support arrears due to tribal families. The child support program is one of the most cost-effective and efficient federal programs. Through direct access to federal tax refunds, tribal programs will be able to further enhance those efforts.”

“NCSEA has long-supported and sought this much needed legislation for our tribal partners,” said Lisa Skenandore, president of the National Child Support Enforcement Agency. “Having personally worked on this legislation for the last ten years, I couldn’t be more pleased to see this advance. This legislation would give tribal child support programs the same enforcement mechanisms as the state programs and further enhance collections for children who have otherwise missed out. We believe all children deserve the same level of parity and resources within the child support program. We are very thankful to see this legislation move forward.”

“On behalf of the National Tribal Child Support Association and our members, we are once again pleased to see that federal lawmakers are addressing the current disparity in our efforts to collect child support arrearages on behalf of tribal children,”said Marsha Harlan, president of National Tribal Child Support Association. “Passage of this Act will allow Tribal IV-D programs to have equal access to the Federal Tax Refund Offset Program that states have had for many years. Tribal access to these funds ensure our programs can capture refunds of non-custodial parents and apply those dollars directly to collections for children who are desperately in need of support.”

States have several enforcement methods at their disposal to enforce child support payments, including the Federal Tax Refund Offset Program. With this program, if a non-custodial parent is set to receive a tax refund and owes past-due child support, the U.S. Department of the Treasury can withhold the refund and send it to the state child support agency for disbursement to the family.

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Yesterday ended up as a big news day for former Attorney General Marty Jackley, and this morning, the Rapid City Journal has an interview with him on the “why” of his race:

“It wasn’t about the current situation” but “some of those recent events have contributed to some of the large number of calls that I’ve been receiving encouraging me to take this next step,” Jackley said.

Jackley is not calling on Ravnsborg to resign and declined to share his thoughts on the crash, evidence in the case and how Ravnsborg has responded.

​”That’s for Jason to decide and the process that’s occurring is really up to the legislature,” he said.

Read the entire story here.

Obviously, Marty’s entrance into the race drastically changes the landscape of the contest for the 2022 election.

From my mailbox, newly minted candidate for Attorney General Marty Jackley is sending out a message tonight to potential convention delegates to the 2022 South Dakota Republican convention.:

Hello SDGOP Central Committee Members and Delegates,

After receiving countless calls and emails urging me to run for Attorney General, and I have decided to answer the call.

Many of you are like family to me and many have known me for decades. I know I need to work hard to earn and keep your support, so I will be travelling the state over the coming months to listen to your thoughts and advice. Serving as your Attorney General was the greatest honor of my life, and I will be working hard to again earn your support so I can go back to work fighting to keep South Dakota safe and defending our State and Constitutional Rights that are so dear to us.

Please let me know if you have any county meetings, Lincoln Day Dinners, picnics or fairs planned and I am looking forward to seeing you soon!

You can contact me directly at marty@martyjackley.com

Sincerely,
Marty

From Facebook comes a Video Message from former Attorney General Marty Jackley on his entering the race for Attorney General today:

Jackley Announces Run for Attorney General

Pierre, South Dakota:  Marty Jackley announced today he will run for Attorney General in 2022.

“After receiving countless phone calls and emails from supporters across the state, I have decided to announce my candidacy for Attorney General”, said Marty Jackley.

“My service as Attorney General, United States Attorney and as a small-town State’s Attorney has prepared me to again undertake the important role the Attorney General has in working with law enforcement in keeping our families safe” said Jackley.

“There is nothing more important than the public’s safety – and the public’s confidence in our ability to keep our families safe.  I will be working hard to earn the support of the voters once again, so I can go back to work fighting to keep South Dakota safe.” said Jackley.

Mark Barnett, a three-term Attorney General and recently retired Circuit Court Judge said, “Marty Jackley is one the best prosecutors we have ever had in South Dakota. He has an impeccable record of service and I am honored to give him my full endorsement.”

Butte County Sheriff Fred Lamphere said, “Marty has always been a strong partner with our Sheriffs, and he has my full support to be our next Attorney General.”

Clay County State’s Attorney Alexis Tracy said, “Marty’s proven experience and record as Attorney General, United States Attorney, and as a State’s Attorney is why he has my full support to be our next Attorney General.”

Marty served as South Dakota’s Attorney General, United States Attorney for South Dakota, Chairman of the Nation’s Attorneys General, Jones County State’s Attorney, and as a Special Prosecutor for the Sisseton Wahpeton Oyate of the Lake Traverse Reservation.

Marty was raised in Sturgis with his family farm at nearby Vale SD, and graduated from the South Dakota School of Mines and Technology with his Bachelor of Science degree in Electrical Engineering with Honors. He received his law degree from the University of South Dakota School of Law.

Marty was named the South Dakota Prosecutor of the Year in 2008 from the South Dakota State’s Attorneys Association.  As Attorney General, he served as the chief law enforcement officer and legal advisor for the State.  Marty has served as the Chairman of the National Association of Attorneys General and the Conference of Western Attorneys General.  In 2016, Marty was honored to receive the National Kelley-Wyman Outstanding Attorney General award.

In 2018, Marty successfully defended South Dakota before the Supreme Court of the United States in South Dakota v. Wayfair, providing Main Street businesses across South Dakota and the nation a level business playing field.  He has extensive trial and appellate experience in state and federal courts having personally tried capital murder cases, a no body homicide, and the 1975 murder of Annie Mae Aquash.

Marty received the South Dakota State’s Attorneys Association Distinguished Service Award in 2019.

In January 2019, after serving as Attorney General and US Attorney, Marty returned to the Gunderson Palmer law firm as a partner opening up the Pierre branch office.

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Thune Reintroduces Bill to Prioritize H-2B Visa Allocation to Low Unemployment States  
“South Dakota has remained open for business, and it continues to see high demand for supplemental H-2B workers.”

WASHINGTON — U.S. Sen. John Thune (R-S.D.) today reintroduced the Prioritizing Help to Businesses Act, legislation to allocate additional H-2B visas to states with the lowest unemployment rates. Specifically, the bill would set aside up to 2,500 H-2B visas for states at or below 3.5 percent unemployment, with a capped increase of 25 percent over the previous year’s H-2B total. This visa reform legislation would ensure that additional visas are provided when there is insufficient domestic labor supply in a given state, while simultaneously relieving demand for the annual nationwide pool of 66,000 H-2B visas.

“Many states continue to face high unemployment rates that have been driven by the pandemic, but South Dakota has remained open for business, and it continues to see high demand for supplemental H-2B workers,” said Thune. “South Dakota’s economy has rebounded to 3 percent unemployment, tied for the lowest in the nation. As a result, industries such as tourism, hospitality, and landscaping have worker shortages that leave them unable to operate at higher capacities. It’s become a chronic problem in some sectors of the state’s economy, and my bill would provide needs-based stability and certainty so our economy can fire on all cylinders.”

“The South Dakota Visitor Industry Alliance gives full support on this proposal,” said Gwyn Wathen, chairman of the Board of the South Dakota Visitor Industry Alliance.  “The H-2B Visa program has been a long standing issue that VIA has supported for years and still supports. This program helps fill the need for employees in all positions throughout the tourism industry. This program provides hardworking and talented individuals that contribute to the success of our industry. VIA welcomes the chance to make this program successful for South Dakota once again. These are challenging times to find employees, with the help of this bill, those challenging times decrease tremendously. Thank you so much Senator Thune!”

“The Forest Resources Association appreciates Senator Thune’s consistent support for the H-2B program and his recognition that the current H-2B visa cap is woefully outdated and fails to meet the needs of our modern economy,” said Deb Hawkinson, president of the Forest Resources Association. “The H-2B program provides critical support for permanent U.S. jobs in the forestry sector, as nearly 1.5 billion trees are planted each year by seasonal workers with H-2B visas. Senator Thune’s efforts to make available additional seasonal visas would help ensure the continued health of forests in South Dakota and throughout America.”

Summary of the Prioritizing Help to Businesses Act:

For states at or below a 3.5 percent unemployment rate, this bill would exempt up to 2,500 H-2B workers for each state from the annual national cap of 66,000 visas. This would provide baseline support for states that are at or near full employment, while also providing national H-2B cap relief.

Each qualifying state’s exempted visas would be allocated by a state-level lottery, and such states that had fewer than 2,500 H-2B visas in the previous year could not increase above the previous year’s H-2B number by more than 25 percent (still up to 2,500). The per-state limit is intended to prevent a disproportionate benefit for states that have a heavy reliance on the H-2B program. Conversely, the per-state growth limit is intended to insulate states from experiencing drastic changes to their labor force, while still providing needed supplemental workers. This would also discourage an overreliance on the H-2B program.

Qualifying states could still receive additional H-2B visas from the national cap of 66,000, which is also typically processed through a national lottery due to high demand. States with unemployment rates above 3.5 percent would still draw from this pool, as well.

Using December 2020 unemployment rates, only South Dakota, Iowa, Nebraska, and Vermont would qualify for the guaranteed visas provided by the Prioritizing Help to Businesses Act. By comparison, 21 states met the 3.5 unemployment threshold when this bill was introduced in the 116^th Congress. At that time, it was estimated that the bill would have provided an additional 36,000 H-2B visas. The U.S. Bureau of Labor and Statistics will release the State Employment and Unemployment data for January 2021 on March 15, 2021.

More on the H-2B visa program:

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs when employers are unable to fill positions from the local workforce. U.S. Citizenship and Immigration Services, which administers the H-2B program within the Department of Homeland Security, currently divides the 66,000 annual visa cap between two halves of the fiscal year (33,000 visas per half fiscal year). According the Department of Labor, U.S. employers applied for more than 96,888 H-2B worker visas for the second half of the fiscal year.

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From Twitter:

Former SD Attorney General has announced his intention to seek the GOP nomination for Attorney General in 2022. Current AG Ravnsborg is also a Republican

— Joe Sneve (@Argus_Joe) March 1, 2021

And from the Argus:

Amid uncertainty about the South Dakota Attorney General for his role in a crash that killed a pedestrian last year, Jason Ravnsborg’s predecessor is positioning to get his job back.

Former South Dakota Attorney General and gubernatorial candidate Marty Jackley formally announced Monday his intention to seek the Republican nomination in the 2022 attorney general’s contest, in which Ravnsborg right now is eligible for another term.

Read that here.

From facebook, South Dakota Retailers are remembering their long-time former Executive Director after his passing yesterday afternoon:

Venturing back out into the light post-COVID, it might not have been my first choice to spend a couple hours at the monthly Brookings County Republican meeting, but well worth my time. Here’s what I found out.

There is a lot of interest in the local city races. While there is local Democrat Ope Neimeier who is running, it appears that Republican and former police chief Jeff Miller is going to be the man to beat, and was very, very good in his first public appearance as a candidate. (I’ve known Jeff a long time, so I might be prejudiced, but he hit the buttons I like to see) Miller was authentic, inspirational, and an excellent off-the-cuff speaker.

There is another Republican who is apparently running for mayor, but.. well, he didn’t impress me enough to remember his name, and I was sitting next to him. Guy moved to town from Oregon some months back. Ok.  (Update, newspaper notes as Bradley Walker)

City Council candidates. There were two Republicans who spoke, Isaiah Crevier and Nate Holden. And Nick Schmeichel. I was wondering about Schmeichel speaking at the GOP meeting, as I’d noticed this week he had openly endorsed an indy candidates against the GOP candidates in one of the last legislative races, but he was up front about being an indy.

School Board candidates. Republicans Jade Withers and Kelli Books addressed the group with their speeches. Both had similar backgrounds, but as a businesswoman Jade gave me a better sense of independence and authenticity, while at least at first blush, Books seems tied to the status quo.

There are two seats open, and two Republicans, so it won’t be a challenging vote.. but given the amount of taxes the School Board has pushed in the past, I think following the community’s wishes are far more important than the School Administration’s wish list.

State Senator Brock Greenfield addressed the fairly good-sized group and spoke about his candidacy for the office of School & Public Lands – one of the early signs this race is off and running – so I’m sure we’re going to see more candidate appearances in coming months.

Big comment from members of the group was that a few are independently noting/hearing that Marty Jackley intends to be a candidate for office in the next election. The phrase bandied about was “something prosecutorial.”

And after that point, the legislators presented and had Q&A time.

Major point – in the Ravnsborg case, legislators are of the opinion that the gag order applies to them as well as other branches of state government. So we’re not going to hear anything from them on the topic while it winds through the process.

Despite all the issues facing the legislature, there were a few members of the audience who were more than a bit fixated on the whole boys competing in women’s sports/transgender issue.. which actually got a little heated, with one couple going on the attack against legislators for their vote… despite no indication that they had anyone in their family displaced because of a boy playing in girls sports.

I don’t currently have anyone in girls’ sports right now, and I can’t say that I’ve ever seen an election swing on that issue, so I’m in the “it doesn’t matter to me” category. Given this is moderate to liberal Brookings, at least at an at-large basis, I think it’s even more of a non-issue in any election here.

What else? COVID has been somewhat dominating my dance card this past month. And I’m actually feeling great this weekend on my return from COVID blahs.. My congestion and cough are abating, and as of Sat/Sun I feel like I have my energy back.

But why is my lower left leg swollen to twice its normal size for the third day in a row?

After hemming and hawing for about an hour, I make one of those “should I get this checked out” calls to my sister (a RN) in the Denver area. Our mom was a RN, and my sister followed in her footsteps as a nurse, so she’s the go to person when someone doesn’t want to be a bother. As the child of a nurse, you don’t go to the Dr. unless you’re dying, so even at this age, all of the siblings still want “the nurse sign off.”

She said one of the things they’ve seen on COVID is that “it does clotty things” to your blood, so no, I should not ignore it, and just go in.. because I enjoy nothing more than Emergency Room visits.

After laying there while they call in the ultrasound person, feeling kind of dumb… apparently it was not such a dumb thing to go in, because it exactly did “clotty things” in my leg.. and now I’m on blood thinners and wearing a compression sock.

I can live with a sock and a pill. And hopefully I’m done falling apart.

I would point out that if you’re harboring any goofiness about the COVID vaccine to rethink it, especially that for me, it has effectively wiped out a month of productivity while I’ve recovered. I would most certainly advocate that if you are eligible to get the COVID vaccine, make arrangements to do so at your earliest convenience.