Category Archives: State

PIERRE, S.D. – Gov. Dennis Daugaard has proclaimed Sept. 9-15 Direct Support Professionals (DSP) Recognition Week in South Dakota.

DSPs are employed by 20 community support providers throughout the state as well as the South Dakota Developmental Center in Redfield.

DSP Recognition Week highlights the efforts of those who work closely with individuals with intellectual and developmental disabilities. DSPs help individuals with disabilities to participate in their communities, find employment, and lead full and independent lives.

“DSPs are essential in ensuring people with disabilities have equal opportunities to lead a life they desire,” said South Dakota Department of Human Services Division of Developmental Disabilities Director Darryl Millner.

Many South Dakotans with intellectual and developmental disabilities rely upon DSPs to deliver their individualized support services and help them to achieve their goals.

DSP Recognition Week in South Dakota coincides with National Direct Support Professionals Recognition Week to celebrate DSPs across the country, which also begins on Sept. 9.

By Dana Hess
For the S.D. Newspaper Association

BROOKINGS — Task forces delving into open government issues have been appointed by various elected leaders the past 20 years, but that practice would stop if U.S. Rep. Kristi Noem is elected governor.

“My goal is not going to be to create new task forces,” said Noem, the Republican candidate for governor, who noted that there are 130 state boards and commissions. “I think we can utilize their resources and get the people that we need participating in those to where we don’t need to create another layer of bureaucracy to get the decisions that we need to serve the people of South Dakota.”

Her Democratic opponent, State Sen. Billie Sutton, embraced the use of a task force which in the past has brought together representatives of the media, law enforcement, local government, the judiciary and others to find common ground on proposed legislation.

“When the law needs to be changed, I think we need a task force approach to move the ball so everybody’s on the same page and we’re all communicating what makes sense,” Sutton said.

The two candidates made their remarks to members of the South Dakota Newspaper Association First Amendment Committee and the SDNA Board of Directors. The gubernatorial candidates were questioned in separate interviews about their views concerning open meetings and open records laws in South Dakota.

Noem assured newspaper editors and publishers that the lack of a new open government task force would not result in a lack of input from their industry. She explained that talking to stakeholders was the way her congressional office operates before proposing legislation.

“I would not begin to start pushing a lot of these other transparency initiatives until we had you guys in the loop,” Noem said. “That’s just been our normal, standard operating procedure for the last eight years.”

The candidates also differed on their approach to the open records exception that keeps government correspondence, including emails, from public disclosure.

“I think a presumption of openness as it pertains to emails is a good step,” Sutton said. “That is definitely something I want to do.”

Noem said she was concerned about the protection of personal information that may be included in the emails as well as the prospect of implementing strict rules that would drive officials away from email and toward using the telephone, where there would be no record of their interaction.

“If you asked me today if I’m open to opening all emails, I would say, ‘No, I’m not,’” Noem said. “But I would love to sit down and figure out a way it could work because those two concerns are big concerns.”

Both candidates were in favor of looking at ways to limit confidential settlements in state government lawsuits.

“I think it makes sense for the public to know anytime taxpayer dollars are involved,” Sutton said. “I feel strongly that the public should have access to information.”

Noem said information about victims should be protected, but that state government lawsuit settlements should be an open record.

“If the taxpayers are picking up the tab,” Noem said, “they should get a receipt for what they paid for.”

In South Dakota, law enforcement investigative records for closed cases and inactive cases are closed to the public as are police reports generated by calls for service. Both candidates showed a degree of reluctance when asked if they would work toward opening those records.

“I think definitely when cases are closed and investigations are complete,” Sutton said of opening the investigative records. “I’d be more hesitant on ongoing investigations. I also have a strong belief that somebody’s innocent until proven guilty.

Noem said she would need to hear from law enforcement about why the records are closed. She said her congressional office has fielded requests from families seeking old police records to get information.

“So I do know there is a general frustration for families that are caught up in those cases,” Noem said. “They’re sitting out there for years with no answers and no way to get them.”

Both candidates were open to a possible tightening of the rules that allow public elected bodies to go into executive session. They also expressed support for a law that would require executive sessions be recorded so that the recording could be reviewed by a judge if a complaint about the legality of the session were filed.

Both candidates also said they supported the continued publication of public notices in newspapers as well as favoring a continuation of the sales and use tax exemption for advertising services.

Noem got the attention of editors and publishers when she said that her administration would seek a reporter shield law Shield laws protect reporters from revealing sources, turning over notes or being compelled to testify in court.

“There should be that protection for investigative reporters to do their jobs without fear of consequences and legal action,” Noem said.

The candidates differed when asked to grade South Dakota’s efforts in the areas of open government and transparency.

Noem gave the state a B.

“I think we have made strides,” Noem said. “We’ve got some room for improvement that can happen.”

To help the state improve, Noem has proposed what she calls the Sunshine Initiative. It includes steps to further open government in the areas of live streaming more government meetings, expanding open.SD.gov, implementing the reporter shield law, limiting confidentiality in state government lawsuit settlements and reviewing open meetings laws.

Sutton wasn’t as generous with his grade: “If I had to grade us on transparency and accountability it would not be higher than a C and in some instances I think it’s an F.”

Sutton’s plan for government transparency includes opening more government records to the public, adding more and more easily accessible information to open.SD.gov, standardizing records retention rules and ensuring access to state government officials by the press and the public.

When it comes to open records, Sutton said, “We’ve gotten a little complacent as a state government.”

By Dana Hess

For the S.D. Newspaper Association

A year ago the South Dakota High School Activities Association was struggling to keep its corporate sponsors from defecting to the SDHSAA Foundation. At Thursday’s meeting, the SDHSAA Board of Directors approved a full slate of corporate sponsors for the new school year.

Corporate sponsors and their yearly donations include: • Lead partner, Sanford Health, $125,000 • Financial services partner, Dakotah Bank, $75,000 • Community partner, Farmer’s Union Insurance, $62,500 • Military partner, S.D. Army National Guard, $50,000

Billion Automotive makes an in-kind donation of vehicles for use by SDHSAA staff.

Dakotah Bank replaces First Premier Bank and Premier Bankcard as the financial services partner. First Premiere expressed an interest in making its contribution to the SDHSAA Foundation.

Funds from corporate sponsors are used to buy catastrophic insurance for school districts.

“That covers every high school student in the state,” said SDHSAA Executive Director Daniel Swartos.

Thursday the board also received an update from Pierre Superintendent Kelly Glodt representing the SDHSAA Foundation. Glodt reported that the foundation has $388,504 on hand and $10,331 available for disbursement. The foundation’s plan is to make significant contributions to South Dakota school districts.

“Our goal is to build those dollars,” Glodt said, “to where we have some substantial dollars for the future.”

SDHSAA Board Chairman Brian Maher of Sioux Falls suggested that it might be best to re-invest the money available for disbursement in order to help the principal grow.

Maher said that $10,000 “spread across our state isn’t really that much money.”

Youth! Entrepreneurship! Cash! Scholarships!

These are the key ingredients in the BIG Idea Competition which is launching its 11th Annual competition this fall. High school students across South Dakota are invited to compete in this business idea competition where winners will receive over $5,500 in cash awards and scholarships.

Students may work individually or as a team and will be able to submit their business idea applications online from September 1 until October 31, 2018. The online application as well as various resources and examples can be accessed at the BIG Idea website: www.BIGIdeaSD.com. For the optional marketing design competition, students will create an ad to support their business idea. A Wellness Category sponsored by Sanford Health, offers an additional $500 cash prize to the best business idea in this category. New this year is a Food Animal Agriculture Category sponsored by Midwest Ag Supply, which offers an additional $500 cash prize for the best business idea in this category.

Coordinator Kelly Weaver of the Small Business Development Center said, “Understanding the basics of business is important to students, regardless of their career path. The BIG Idea Competition is a great way for students to in learn about those business basics. For those students interested in pursuing a business, we can connect them with resources and mentors to help further their entrepreneurial growth and business success. We are also excited to be offering even more prizes this year.”

All applications submitted by the October 31, 2018 deadline will be reviewed and ranked by judges across the state. The eight (8) top scoring entries will be invited to the final competition and will make a presentation for the final judging component. The top three applications will receive cash awards of $1,000, $500 and $250, respectively. College scholarships to both Northern State University and Presentation College will be awarded as well. One winner will be chosen from among all the marketing design entries and be awarded $500. One winner will be chosen for each the Wellness Category and the Food Animal Agriculture Category and recognized at the final competition.

The final competition and awards event will be held on Wednesday, Dec. 5 at Northern State University in Aberdeen. Students will participate in various activities surrounding entrepreneurship. Prior to the awards presentation, all finalists will give an elevator pitch of their business idea.

Since inception in 2007, the BIG Idea Competition has received over 2,100 entries involving over 3,000 students from 88 schools. The competition is open to any high school student in the state. The winning entry in 2017 was Dakota Cubs, by Christian Westhoff of McCook Central High School. A complete listing of the 2017 finalists can be found on the BIG Idea website along with a video of their elevator pitches.
The competition is organized by a broad based committee of economic development organizations, educational institutions, and private businesses and coordinated by the Small Business Development Center. Sponsors include Sanford Health, East River Electric, REED Fund, Dacotah Bank, First Premier Bank, Midwest Ag Supply, Northwestern Energy, Northern State University, Presentation College, McQuillen Creative Group, Aberdeen Development Corporation, and the Tom and Danielle Aman Foundation. Questions regarding the competition can be directed to Kelly Weaver of the Small Business Development Center at (605) 626-2565 or kelly@growsd.org

By Dana Hess
For the S.D. Newspaper Association

SIOUX FALLS — A group of newspaper journalists recently quizzed the attorney general candidates about government transparency issues and found both men open to considering changes to the laws that journalists find problematic.

Meeting with the two candidates – Republican Jason Ravnsborg and Democrat Randy Seiler – were members of the South Dakota Newspaper Association First Amendment Committee.

Both candidates were asked to use an A through F scale to grade South Dakota on its openness and transparency laws. The higher grade came from Ravnsborg, a Yankton attorney, who gave the state a B minus.

“We’ve got room for improvement,” Ravnsborg said, “but I don’t believe we’re as bad as a number of the surveys that have been pushed around the country showed.”

The grade from Seiler, a former U.S. Attorney, came in at a C minus.

During his campaign, Seiler said he has heard complaints about methamphetamine and opioid use, “but I also hear a lot about public corruption aspects, the obvious Mid-Central Cooperative and EB-5.”

Getting South Dakota’s grade up to an A, according to Ravnsborg, would take better transparency by the state’s Bar Association so that a list of lawyers who have been dis-ciplined is more readily accessible to the public.

“It is a public record, but there is no good list,” Ravnsborg said. “Why not make a list that’s all in one place?”

For Seiler, the road to an A grade goes through a review of public corruption statutes like those found in Initiated Measure 22 and a more transparent standard for involving South Dakota in other state’s lawsuits.

Seiler cited South Dakota’s role in lawsuits to overturn the pre-existing conditions provi-sion of the Affordable Care Act and an effort to find the Clean Water Act unconstitution-al.

“I don’t know what factors were made or taken into consideration in making that deci-sion,” Seiler said. “It obviously should not be political. There should be standards based on what’s in the best interest of the people of the state of South Dakota.”

The candidates were told about journalists’ frustration with abuse of the open meetings law, particularly the provisions that allow executive sessions for consulting with an attor-ney about litigation or discussing personnel matters.

Ravnsborg said he has heard the same complaints about local elected boards discuss-ing regular business during closed session.

“I don’t know that it’s always intentional,” Ravnsborg said. “I do think it’s probably small towns predominantly that don’t necessarily know the rules or aren’t getting the greatest legal advice.”

Seiler said he was familiar with local boards as a former Mobridge School Board mem-ber and as a former member of the Fort Pierre City Council. He has also filled in as Hughes County State’s Attorney.

“Just because they’re a lay board, they don’t get an exception for following the rule of law,” Seiler said. “Certainly that’s their obligation—to ensure they are familiar with and in compliance with the statute.”

Both candidates were open to considering the idea of having executive sessions rec-orded. In the event the legality of the meeting was challenged, the recording could be reviewed in a judge’s chambers.

A 2009 state law declaring a presumption of openness for government records came with more than 20 exceptions. One of the exceptions is government correspondence, including emails.

Ravnsborg said official documents should be open to the public. “Emails are problemat-ic,” Ravnsborg said. “They’re so quick.”

Seiler, too, was open to reviewing the exceptions.

“The presumption is that they are open, but then we’ve crafted all of these exceptions,” Seiler said. “We need to narrow those. We need to look at those.”

Both candidates favored treating as public records the confidentiality agreements in state lawsuits.

“I believe that agreements should be more open and transparent, especially when you’re involving tax dollars,” Ravnsborg said.

According to Seiler, confidentiality agreements aren’t allowed under any circumstances in lawsuits handled by the U.S. Attorney’s office.

“I can’t think of anything, right now, that should be an exception to that blanket rule,” Seiler said. “If you’re involved in litigation and you’re paying a settlement and you’re us-ing government money to pay the settlement or settle litigation, the public should have access to that.”

In South Dakota, law enforcement investigative records for closed and inactive cases as well as police reports generated by calls for service are not open records. Both candi-dates said they were open to reviewing that policy as well as reviewing the proper times to release 911 calls and body cam and dash cam videos. Both were open to expanding the release of booking photos to include high level misdemeanors.

If elected, both candidates said that creating more transparency in state government would start with the attorney general’s office.

In addition to setting standards for South Dakota’s involvement in litigation, Seiler said he would improve the online form citizens use to report consumer affairs abuses.

“Citizens should be able to have a very open access to the attorney general’s office on these issues,” Seiler said.

Ravnsborg said he would add transparency to the AG’s use of the Drug Control Fund. The fund comes from forfeitures in the state’s drug cases that are used to pay for grants to law enforcement agencies in the state.

“We’ll have more transparency on how the money comes in and how it’s granted out,” Ravnsborg said. “I would like to shine some light on the process.”

—

I know one South Dakotan who lives all year in anticipation of the Turner County Fair. Others yearn for the first Forestburg melon stand to open, or for the leaves in Spearfish Canyon to turn color, or the state capitol to be decked out in its Christmas glory. My favorite time of the South Dakota year is the 12 days in August during which the state amateur baseball tournament is played. For about 50 years after its inception in 1933, the tournament moved to different ballparks around the state, but since 1981 it has mostly been played at Mitchell’s Cadwell Park. This year, for the first time, the event was moved to Ronken Field at Augustana University in Sioux Falls, but Cadwell is the environment that I most closely associate with the State Am.

Allowing it to remain in one place for so long has allowed traditions to grow, and I look forward to them just as much as the baseball games. The Mitchell Exchange Club has become famous for its grilled hamburgers and onions. It’s one of the first aromas you detect when you wander into the ballpark, and very few spectators leave without eating one or two.

Every year, the same group of fans sets up lawn chairs on the lower levels of the concrete grandstand, or watches the game while standing directly behind each team’s dugout, a perspective that also offers an opportunity to catch in-game strategy or witty banter between players. The State Am is often the only time all year that these folks see each other.

For years, I kept an eye out for the guy wearing a blue T-shirt that read “Official Tamper,” who ran onto the field between games, filled the holes on the pitching mound and pounded them smooth. I always thought he must have been good at his job if they made him his own T-shirt.

Buying a state tournament program is often the first thing I do when I get to the park. The first six pages are packed with regular season and tournament records that delight anyone interested in baseball and history — Lefty Grosshuesch’s 62 strikeouts in a 28-inning game for Bonesteel in 1952, Wessington Springs collecting 36 hits in one game in 1988, Kevin Leighton’s whopping 501 career home runs.

I began attending the tournament regularly in 1991, when my hometown Lake Norden Lakers fell in the championship to Dell Rapids. Lake Norden is one of a handful of towns in South Dakota that is synonymous with baseball. Games have been played there nearly as long as there has been a town. It’s also home to the South Dakota Amateur Baseball Hall of Fame. Growing up immersed in baseball, it was impossible not to fall in love with the small-town version of our national pastime, which is why I love going to the State Am every year, whether the hometown Lakers are in the field or not. I suspect there are other South Dakotans who feel the same way.

Maybe one of these years, I’ll witness something that becomes part of South Dakota sports legend. The State Am already produced one of our most treasured baseball stories. Claremont and Aberdeen were tied 4-4 heading into extra innings of the 1938 championship game in Aberdeen. It was getting dark, so umpire Tommy Collins ruled that if no one scored in the 10th inning the game would be replayed the next day. Aberdeen went scoreless in the top of the 10th. In the bottom, Claremont’s Bill Prunty stepped to the plate. He worked the count to 3-2, and then crushed a home run over the center field fence, giving Claremont the championship. The ball was recovered the next day and is now exhibited at the Hall of Fame in Lake Norden.

I don’t know where the rest of the year will take me in my travels for South Dakota Magazine, but I know where I’ll be in early August of 2019. I can already taste the onions.

John Andrews is the managing editor of South Dakota Magazine, a bi-monthly publication that explores the people and places of our great state. For more information, visit www.southdakotamagazine.com.

Gov. Dennis Daugaard has called a special legislative session to consider legislation that would expedite implementation of the recent U.S. Supreme Court ruling in South Dakota v. Wayfair, Inc. and allow the state to enforce the obligation of remote sellers to collect and remit sales tax.

After consulting with legislative leaders from both political parties, the Governor is calling the special session for Wednesday, Sept. 12, 2018, at the State Capitol in Pierre.

“South Dakota led the fight for tax fairness, which culminated with our historic win before the U.S. Supreme Court in June,” said Gov. Daugaard. “Thanks to that victory, other states are implementing tax changes as soon as Oct. 1, and I will be proposing legislation to allow South Dakota to join them.”

Draft legislation is currently being prepared by the South Dakota Department of Revenue, in consultation with the Attorney General’s office, and will be made available for review prior to the special session.​

As the number of recorded suicides in the state continues to escalate, Gov. Dennis Daugaard is calling on South Dakotans to join the fight by participating in Suicide Prevention Month in September.

“In 2017, 192 South Dakotans lost their lives by suicide. That’s the highest number ever reported in our state,” said Gov. Daugaard. “Suicide is preventable and we can help by starting the conversation, providing support and directing those who need help to services. We hope our schools, churches, families, and community groups will engage in the fight to save lives by leading these kinds of discussions during Suicide Prevention Month this year.”

Since 2004, over 1,700 lives have been lost to suicide in South Dakota. Those numbers have increased each year, with nearly one in six high school students in South Dakota having suicidal thoughts or tendencies, according to a 2015 Youth Risk Behavior Survey.

The Governor is encouraging groups across the state to host awareness activities and promote available resources, and to add those upcoming events to the statewide calendar at SDSuicidePrevention.org. Groups can add scheduled activities on the website by filling out the online form under the “Events” and “Suicide Prevention Month” tabs. Local data, prevention toolkits for specific populations, and resources for survivors are also available on the website. Information specific to youth suicide prevention is located at Bethe1SD.com, a campaign launched earlier this year by the Department of Social Services.

“If you are struggling or you believe someone is at risk for suicide, contact a professional immediately,” said Department of Social Services Secretary Lynne Valenti. “If you need help or you know someone who does, you can call the Suicide Prevention Lifeline at 1-800-273-TALK (8255). People are available to help 24/7.”

Those experiencing suicidal thoughts can also obtain help by contacting any medical provider such as a family physician, psychiatrist or hospital emergency room, as well as a Community Mental Health Center or other mental health provider. For more information about behavioral health services, or to find a Community Mental Health Center, contact the Department of Social Services’ Division of Behavioral Health at 605-773-3123, toll-free at 1-855-878-6057 or online at dss.sd.gov/behavioralhealth/.

PIERRE, S.D. – The United States Bureau of Economic Analysis (BEA) released its estimated gross domestic product (GDP) by state for the first quarter of 2018. The estimates show South Dakota has the third highest growth rate in the nation, trailing only Washington and Utah, respectively. South Dakota grew by 3.1 percent.

“South Dakota’s annual GDP is now estimated to be in excess of $51 billion,” said Gov. Dennis Daugaard. “We’re enthused about the first quarter results and hopeful the growth will continue throughout 2018.”

According to the BEA report, strong showings from South Dakota’s production agriculture, finance/insurance and manufacturing industries helped propel the state’s 3.1 percent growth during the period.

Figures for the second quarter will be made available in November 2018.

The Department of Health reported today a Brown County resident died of West Nile virus (WNV) associated causes, the state’s first WNV related death this season. The individual was in the 80 to 89 age group.

“Our sympathy is with the family. We only hope their tragic loss will encourage others to take the threat of West Nile virus seriously,” said Dr. Joshua Clayton, state epidemiologist for the department. “We can’t emphasize enough how important it is for people to protect themselves and their families by using repellent and avoiding the outdoors when mosquitoes are most active.”

To date this season, South Dakota has reported 10 cases of human WNV and three hospitalizations. Nationally, 39 cases and one West Nile-associated death have been reported. Clayton said weekly surveillance updates will show cases continuing to climb.

South Dakotans can reduce their risk with the following precautions:

Apply mosquito repellents (DEET, picaridin, oil of lemon eucalyptus, para-menthane-diol, 2-undecanone or IR3535) to clothes and exposed skin.
Reduce mosquito exposure by wearing pants and long sleeves when outdoors.
Limit time outdoors from dusk to dawn when Culex mosquitoes, the primary carrier of WNV in South Dakota, are most active.
Get rid of standing water that gives mosquitoes a place to breed.
Regularly change water in bird baths, ornamental fountains and pet dishes.
Drain water from flower pots and garden containers.
Discard old tires, buckets, cans or other containers that can hold water.
Clean rain gutters to allow water to flow freely.
Support local mosquito control efforts.

These precautions are especially important for people at high risk for WNV, including individuals over 50, pregnant women, organ transplant patients, individuals with cancer, diabetes, high blood pressure or kidney disease, and those with a history of alcohol abuse. People with severe or unusual headaches should see their clinician.

Visit the department’s website at westnile.sd.gov for more information.