Finishing Strong and Looking Ahead
By Sen. John Thune

I’ve worked hard over the last two years delivering on my promise to help get the Senate working more efficiently and effectively for the people of South Dakota. Because when hard-working taxpayers ask themselves if Washington is listening – if Washington is paying attention to their struggles – I want them to know the answer is yes, loud and clear. An accountable government begins with accountable representatives, and my work in Washington is committed to that end.

One of the most effective and gratifying ways for me to be responsive to South Dakotans is to fight for policy initiatives that correct problems they’ve encountered or help avoid those problems from happening again in the future. The work I’ve done to help prevent future out-of-control prescribed burns is a good example.

The Pautre fire was supposed to be a small 100-acre prescribed burn in Western South Dakota. And while prescribed burns can be an effective land management tool, this particular fire did far more harm than good. Because of unsafe fire conditions, the fire quickly grew beyond the U.S. Forest Service’s (USFS’s) control and torched 16,000 acres of public and private land and destroyed millions of dollars of property along the way.

Thanks to legislation I authored, the USFS will now be required to consult with state and local officials – the people who know the land better than anyone else – prior to starting a prescribed burn in South Dakota or any other state when fire danger is extreme and conditions are unsafe. It’s a common-sense idea that will have a real and meaningful impact on ranchers and property owners with property adjoining or near USFS land.

Another good example is my nearly year-long fight to ensure South Dakota schools that depend on the Impact Aid program didn’t face hundreds of thousands of dollars in funding cuts, which would have had a negative effect on the students those schools serve. I teamed up with a bipartisan group of senators whose states would have also faced massive funding cuts to correct an error in the law and protect these schools and students.

These are just a few items Congress tackled in the final days of the 114th Congress, and there are a lot more wins where these came from. We’ve been able to get a lot of big things over the finish line over the last few years, and in the areas where there’s more work to do, I’ll keep my nose to the grindstone, continuing to work hard to deliver the positive results South Dakotans want and expect.

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The Need for a Strong Military
By Senator Mike Rounds

The number one responsibility of the federal government is to provide for the defense of our country. One way we do that is by passing the National Defense Authorization Act (NDAA) each year. The NDAA, which has passed the Senate every year for more than 55 years, is a vital piece of legislation that shows our service members and their families that they have the full backing of Congress. I am pleased that the NDAA for fiscal year 2017 passed the Senate with overwhelming support and now heads to the president’s desk to be signed into law.

Like years past, this year’s NDAA includes policies to support our wounded warriors, our troops and their families. It also provides our armed forces with the tools needed to deter our adversaries and combat our enemies around the globe. It increases the Department of Defense (DOD) operations and maintenance authorized budget which will allow for more ground and aviation training, additional flight hours to train pilots and better ship maintenance to keep our fleet in good condition for years to come. It also stops the Pentagon’s proposed drawdown of 15,000 soldiers, 2,000 marines and approximately 4,000 airmen. This is important at a time when our military is the smallest it has been since World War II.

As a member of the Senate Armed Services and Veterans’ Affairs Committees, providing our troops and veterans with the tools they need and care they’ve been promised are top priorities. The NDAA includes amendments that I offered this year, including language from my Cyber Act of War Act that would require the president to submit a report to Congress defining when an act in cyber space requires a military response. It also includes provisions to improve DOD’s monitoring of prescriptions dispensed at military treatment facilities for the treatment of PTSD and legislation to require training of DOD hiring officials so they can hire qualified civilian cyber security professionals in an expedited manner.

As we mark the 75th anniversary of the attack on Pearl Harbor this December, we are reminded of the need to protect our homeland from devastating attacks at the hands of our enemies. Pearl Harbor marked a pivotal turning point in the United States’ approach to national security strategy, and our success in World War II established the United States as a world superpower. In recent years, the size of our armed forces has shrunk to levels that increase the risk that we may not be able to deter adversaries or, with deterrence having failed, defeat them in combat. This year’s NDAA begins to reverse that trend.

While not perfect, the NDAA we passed this year authorizes the resources that our armed forces need to remain capable of adequately defending the United States. We owe nothing less to our service members than to give them all they need to succeed.

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South Dakota Energy
By Rep. Kristi Noem

People get the “Dakotas” confused all the time. I can’t tell you how many times people in DC have asked me about the impact of the oil boom in our state, having little idea that the Bakken oil field largely rests north of South Dakota’s border. Even without the oil reserves, however, our state plays a role in filling the nation’s gas tanks, contributing the resources needed to produce renewable fuels, like ethanol and biodiesel.

As many reading this know, I have spent most of my life growing corn and soybeans. These crops are staples of the American food supply, but these commodities are becoming a part of our domestic fuel supply too. With advances in technology, we are growing more on fewer acres and are using that efficiency to diversify the market. This year, about 26 percent of the soybean oil consumed in the U.S. will be used for biodiesel production and around 5 billion bushels of corn will be used for ethanol. Turning corn and soybeans into fuel not only opens the door for better prices and greater market stability, but also offers broader benefits for our national economy and security.

The biodiesel industry alone supports nearly 50,000 U.S. jobs and ethanol supports tens of thousands more. These are plant workers, researchers and engineers. They’re truckers and salespeople. They’re members of our community who turn around and support local economies, spending money at area businesses and supporting schools and infrastructure with their tax dollars. It’s a fuel that invests – and then reinvests again – in America.

On the flip side, around one-third of petroleum used in America is derived from foreign sources. This means the United States spends more than $300 billion each year on imported crude oil. Many times, the oil is coming from volatile areas of the world and countries that are wary of America’s continued prosperity. Every step we take toward energy independence is a step we take toward security. That’s why we need to invest in both fossil fuels and renewable fuels.

While biofuel production has grown quite a bit in recent years, it still makes up only a small portion of the overall market. Since our nation’s founding, America has invested in new technologies like this, offering help until they’re strong enough to stand on their own. Today, as part of an all-of-the-above American energy strategy, we must do the same for biofuels.

One of the ways in which we encourage biofuel growth is through the Renewable Fuel Standard – or RFS. The RFS sets annual goals for the amount of ethanol and biodiesel that must be incorporated into America’s fuel supply. The EPA has often fallen short of what Congress proposed, particularly when it comes to ethanol requirements. Last month, however, for the first time in a number of years, the EPA brought the RFS in line with congressional goals. Since the RFS is re-examined each year, we must continue to hold the EPA accountable, ensuring the agency makes American-grown energy a priority for the future.

Various forms of energy also have different provisions in the tax code. For biodiesel, we offer a $1-per-gallon tax credit, which can result in cheaper fuel at the pump. Legislation I’ve proposed would give more certainty regarding the tax credit’s availability while also adjusting how the support is distributed. The change would ensure the incentive is encouraging American biodiesel production, not the importation of foreign biodiesel – a move consistent with our goal of achieving American energy independence.

My number one responsibility is to keep the American people safe. Protecting economic opportunities comes in at a close second. By supporting homegrown fuels, we accomplish both while also distinguishing South Dakota as an energy-rich state.

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An Overview Of The Fiscal Year 2018 Budget Proposal
A column by Gov. Dennis Daugaard:

The week of the annual Budget Address is always a busy time in the Capitol Building, and this year is no exception. The halls are filled with Christmas trees and with hundreds of visitors who come to see them. We also welcome newly-elected legislators, incumbents, and those whose legislative service is ending, to discuss the state budget for the upcoming year. After the address, I travel to different parts of the state for my budget tour where I lay out the good news and the bad news of South Dakota’s economy.

The news came as no surprise to those who attended Tuesday’s Budget Address. Our state’s revenue for the first several months of the current fiscal year has fallen short of projections, in large part because of lower sales tax collections.  Recent revenue weakness is a problem many other states share.

The good news is that the South Dakota Council of Economic Advisors projects South Dakota will see steady but slow economic growth in the next few years. According to the council’s economic forecast, although farm income is weak, nonfarm income is expected to grow at rates that are near historical highs.

Additionally, the state won’t need to spend all of the money that was appropriated by the Legislature last year. Total state spending in the current budget year is projected to be $34.7 million less than what was budgeted last session. Over the past several years, the state has also received stocks in the unclaimed property fund, and converting those stocks to cash will also generate funds on a one-time basis.

Through these savings, the state will be able to meet the revenue shortfall and appropriate modest increases for our priority areas. For the upcoming fiscal year, I am proposing a 1 percent increase for education, health care providers and state employees. 

I am also proposing that the state add more money to our rainy day funds. It has been my goal to keep the state’s reserves at 10 percent of general fund spending, and right now the reserves are at 9.8 percent. I am recommending that the state add $2.4 million of one-time money to reserves to bring the funds back to the 10 percent level. Among the 50 states, the median rainy day fund is 5 percent.

I am also recommending that we use one-time money to help fund the state Animal Disease Research and Diagnostic Laboratory, which is South Dakota’s animal health laboratory, located on the SDSU campus. The lab’s purpose is to provide critical research and diagnostic support to protect our citizens and livestock industry from disease outbreaks. Most recently, the lab responded to outbreaks of Avian Influenza in poultry and PEDV in swine. The facility is out of date and needs to be modernized to meet operating standards.

Given our current revenue situation and what other states are dealing with right now, South Dakota is fortunate not to be looking at spending cuts or freezes this year. It is thanks to our adherence to conservative budget practices that, even in a year like this one, we are in a position to balance our budget and slightly increase spending for education and Medicaid. I look forward to a good debate about the proposed budget with the Legislature and the public over the next few months. 

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Initiated measure 22 faced it’s first battle in a courtroom today. Judge Mark Barnett was not terribly kind to the measure, and found several problems with it that may be insurmountable.

 Judge Barnett pointedly raised issues with the constitutionality of the following portions of IM 22:

• The Ethics Commission.
• The Appropriation for the so called “democracy credit” program.
• And most importantly, one of the most problematic portions of the measure-Section 31 of IM 22 and the “gift” limitation.

With a written decision coming possibly as soon as next week, look for Judge Barnett to hammer IM 22 as it relates to those items. 

The question is whether any of the measure can stand apart from those issues, or if the rest of the measure is so inexorably tied to them it must be shut down in its entirety.

I’m reading a summary of what happened at the IM22 hearing, and apparently reporter Bob Mercer collapsed at the conclusion of the hearing and had to be hauled out by ambulance.

(Apparently, in addition to several parts being unconstitutional, IM22 is bad for one’s health).

Circuit Court Issues Preliminary Injunction in Initiated Measure 22 Lawsuit

PIERRE, S.D. – Attorney General Marty Jackley announced today that Circuit Court Judge Mark Barnett has issued a preliminary injunction in the Initiated Measure 22 lawsuit.

“It is my duty and responsibility as Attorney General to defend measures adopted by the voters and I will continue to do so,” said Jackley.

Initiated Measure 22 was approved by the majority of South Dakota voters last month as an act to revise State campaign finance and lobbying laws, create a publicly funded campaign finance program, create an ethics commission, and appropriate funds.

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Thune Statement on Passage of NDAA Conference Report, Critical Fix to Impact Aid Program

“Not only does this bill provide essential funding for our troops, but it also includes a critical fix to the Impact Aid program that will help protect dozens of schools throughout South Dakota and the students they serve.”

WASHINGTON — U.S. Sen. John Thune (R-S.D.) today issued the following statement on the Senate’s passage of the National Defense Authorization Act (NDAA) conference report, legislation that will provide our military with the largest pay increase since 2010 and make reforms to defense acquisition, military health care, military justice, and security cooperation.  

“Providing our troops with the resources they need to keep our nation safe is one of Congress’ most important responsibilities,” said Thune. “After extensive bipartisan work in the House and Senate, we are sending the president a bill that provides troops with the pay raise they deserve and includes reforms to make our military more efficient and effective. I urge the president to put our troops first and sign this bill without delay.”   

The NDAA conference report also includes a provision that will fix statutory language that negatively affects the Impact Aid program in states across the country, including South Dakota.

“Not only does this bill provide essential funding for our troops, but it also includes a critical fix to the Impact Aid program that will help protect dozens of schools throughout South Dakota and the students they serve,” continued Thune. “South Dakota relies on Impact Aid, so I’m glad this issue will soon be resolved and that our schools will no longer face what would have been drastic cuts in funding.”

Thune worked closely with Sen. Jim Inhofe (R-Okla.) to secure this critical Impact Aid provision in the NDAA. This legislation now heads to the president for signature into law.

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A thought came to mind after reading how South Dakota Democrat Leaders were claiming that South Dakota needs to fully implement the Unconstitutional Initiated Measure,  IM22:

State Senate Democratic leader Billie Sutton suggested Daugaard is going against the will of the people.

“It was the vote of the people that passed it by a majority and, so, I don’t think it’s fair to just pick pieces that you like or dislike,” said Sutton.  Sutton and Hawley said if there are problems with the measure, then the legislature can try to work through them, but Daugaard’s approach is wrong.

Read that here.

Since Democrat Leaders are in full support of retaining Initiated Measure 22, and IM22 was promoted on claims that Lobbyists are buying legislators….

Does that mean Democrats are going to cancel the annual Democrat Party Lobbyist fundraiser during session, where the Dem Party raises thousands of dollars annually from the very people they call corrupt?

At the very least, when they get the invitation, it should give pause to the lobbyist corps before they think of putting pen to checkbook.

The Legislator led lawsuit against Initiated Measure 22 will be heard this afternoon in front of Judge Mark Barnett in a Hughes County Courtroom, with the legislators standing against those who promoted the awful and arguably unconstitutional measure, as well as their own Attorney General, who is required to defend it in a court of law:

Their lawsuit receives its first hearing Thursday afternoon in Hughes County court. Assistant attorney general Steven Blair has filed state government’s defense of IM 22.

“Reducing the appearance of government corruption is a compelling government interest,” Blair told the court in the state’s response.

Blair said there isn’t a retroactive intent in the $100 limit on gifts to a legislator or family member from a lobbyist or a group that employs a lobbyist. Jobs they already have shouldn’t be affected, he said.

The publicly funded Democracy Credits system for legislative and statewide candidates is legal as well, Blair said. It relies on an appropriation of $9 per registered voter. Blair said the appropriation is legal too.

and…

Representing Solberg and Frankenfeld is John Hinrichs of Sioux Falls. Other names on the intervention motion from the firm are Heidpriem and Kasey Olivier. Attorney James Leach of Rapid City is also on it.

Read the entire story here.

I notice their defense doesn’t have much to say about the unequal access of voters to IM22’s Democracy “Socialism” credit program, where government money is to be used for political campaigns.  I genuinely believe the manner in which some voters have access to it, and others don’t is going to be one of the downfalls of the measure.

What are your thoughts?