Category Archives: State

Elkton had a rollicking start. In 1893, during a national depression, the local businesses printed their own aluminum money and a federal agent came to town and confiscated $15,000 worth of the coins. Three years later — seven years before the Wright brothers took flight — resident Henry Heintz got a patent for what may have been the United States’ first airship. Built by Frank Woulf in Aurora, the contraption rose in the air but didn’t move. Elkton’s biggest adventure happened May 15, 1916 when a large elephant named Hero escaped from the Orton Family Circus.

As the legend goes, a circus worker was drinking heavily and began to abuse the elephant while they were pulling up the stakes. Hero, who stood 9.5 feet and weighed 9,500 pounds according to Criley Orton, knocked the man to the ground and began a rampage. No matter where the trainer tried to hide, Hero followed, tipping over equipment and leaving a trail of debris. Eventually the elephant made his way to the business district. He poked his head through the milliner’s window, then charged through the pool hall. He then ran east of town, ripping out fence posts as he went.

Criley Orton later said that 100 men joined the chase. Many had guns, and the big pachyderm’s tough hide was riddled with holes before Paul Hohnke finally killed him with a shot from his Savage big-game rifle. An autopsy showed that Hero had 200 small bullets and 100 large bullets in his hide.

According to historical reports, the Elkton hotel took some of the meat, and the bones were transported to the college at nearby Brookings for study. However, they were forgotten until the 1960s, when nursing dean Inez Hinsvark found them while searching for classroom space. The bones were dusted off and moved to the W.H. Over Museum on the University of South Dakota campus in Vermillion.

Hohnke’s rifle is in the Elkton museum, along with other memorabilia from the circus.

Hero was killed in Elkton and forgotten in Brookings. It’s not likely he would want to travel north if he had his choice.

Katie Hunhoff is the editor of South Dakota Magazine, a bi-monthly print publication featuring the people and places of our great state. For more information visit www.southdakotamagazine.com.

PIERRE, S.D. – According to South Dakota Game, Fish and Parks (GFP), rising water on Lake Francis Case is impacting facilities in state parks and recreation areas along the Missouri River.

The following areas in Charles Mix and Gregory counties are affected.

At North Point Recreation Area, the North Point Bay boat ramp will be useable in a limited capacity. Boaters may launch off the boat ramp parking lot through July 1. Beginning July 2, boaters should use St. Francis and Prairie Dog Bay boat ramps. The boater pump out station will temporarily be unavailable.

Portions of the bike trail are expected to be underwater at North Point and trail users may have to detour around sections of the path. All swimming beaches will have a limited amount of space. Campsites are not expected to be impacted.

Beaches at Pease Creek Recreation Area and South Shore Lakeside Use Area will have limited use space.

Whetstone Lakeside Use Area’s main boat ramp will be closed. A high water ramp is available on the north side of the main boat ramp parking lot.

The boat ramp at White Swan Lakeside Use Area will be usable in a limited capacity. Boaters may need to launch off the boat ramp parking lot.

Use will also be limited at the Snake Creek Recreation Area’s main boat ramp. A high water ramp is available south of the primary ramp if reservoir elevations allow. Beach areas at Snake Creek may not be available.

Conditions are subject to change with additional rainfall.

For more information, contact North Point Recreation Area at 605.487.7046 or Snake Creek Recreation Area at 605.337.2587

The South Dakota Department of Transportation (SDDOT) study of the Platte-Winner Bridge has proceeded through environmental studies this spring. Among SDDOT’s major bridges, the Highway 44 Platte-Winner bridge has been determined to be a top priority for replacement, with construction of a new bridge currently scheduled for the mid-2020s timeframe. Ongoing studies of the bridge and coordination with project partners are focused on identification of a preferred alternative for a new bridge type and location. At public meetings held in May and December of 2017, SDDOT reinforced its commitment to maintaining traffic on this regionally-important bridge during construction. This commitment means that the new bridge will need to be in a new location so the existing bridge can remain open during construction of the replacement structure.

To understand the wide range of potential impacts of the proposed project and document the decision-making process for a new bridge, SDDOT is preparing an Environmental Assessment (EA). Studies conducted to date have helped confirm the existing Highway 44 corridor between Highway 47 and Highway 50 has sufficient capacity to meet long-term traffic needs. Additionally, geologic conditions in this corridor have historically created maintenance challenges for SDDOT, as erosion and landslides pose risks to the stability of Highway 44. Because of these conditions and the desire to minimize environmental impacts of the proposed project, SDDOT has narrowed its range of new bridge locations to within several hundred feet of the existing bridge.

Continued coordination with other agencies, stakeholders, and the general public is required to complete the EA. The area being considered for a new bridge location will require use of lands within the Snake Creek Recreation Area, a state park managed by the South Dakota Department of Game, Fish, and Parks (SDGFP). As a result, SDDOT is working with SDGFP to understand what impacts to the park may occur and how those impacts can be mitigated. SDDOT is also working with the U.S. Army Corps of Engineers to evaluate the potential impact to cultural or historic resources that may be found in the vicinity of the new bridge. Part of that effort included an archeological survey this May. Sites near the potential new bridge and its associated roadway were studied. SDDOT’s commitment to environmental stewardship includes outreach to tribes. In this case, representatives from the Yankton Sioux Tribe were present with the SDDOT-hired team of archeologists during the investigation for historic resources.

Results from these ongoing agency coordination efforts will be instrumental in the determination of a preferred alternative for this project. When SDDOT makes the decision (expected later this year), the EA will be published and shared online and at public meetings for comment. Previous meeting information and studies of the Platte-Winner Bridge can be found on the project website, www.sd44bridge.com.

The Supreme Court of the United States (SCOTUS) has ruled in favor of South Dakota in a case that establishes tax fairness between brick and mortar businesses and large, out-of-state online companies. The 5-4 ruling handed down today means South Dakota can require these large remote sellers to remit sales tax on purchases shipped into the state.

“To right one of the biggest wrongs that has happened to brick and mortar in retail history is probably the largest event that I have seen in my career,” stated Eric Sinclair of Montgomery’s Furniture of Sioux Falls, Madison and Watertown.

Before this ruling, remote sellers were not required to collect and remit sales tax on purchases unless they had a physical presence in the state.

“It’s almost a David and Goliath kind of a story, because South Dakota stood up for what was right for all the states and we prevailed,” said SDRA Board President Gary Cammack, owner of Cammack Ranch Supply in Union Center. “It will improve the revenue picture for all states across the US that depend on sales tax. It’s huge.”

The state of South Dakota had previously estimated an annual loss of approximately $50 million in revenue to the state and municipalities due to this loophole.

The South Dakota Retailers Association (SDRA) says this is a vital issue for Main Street retailers not only in South Dakota, but all across the nation. The Association’s leadership including former executive director, Shawn Lyons, played a pivotal role in the passage of the 2016 state law that led to the court case. The Association filed two briefs with SCOTUS in support of the State.

“This is absolutely a great day for brick and mortar retail,” said Dan Tribby of Prairie Edge in Rapid City. “It’ll forever be known as the day the field got leveled.”

The United States Supreme Court announced its decision in South Dakota v. Wayfair, Inc., ruling in the state’s favor, 5-4, in a decision authored by Justice Anthony Kennedy. The court ruling was announced on June 21.

The Court overturned Quill Corp. v. North Dakota, holding that “the physical presence rule is not a necessary interpretation of the requirement that a state tax must be ‘applied to an activity with a substantial nexus with the taxing State.” The Court further held that, with South Dakota’s law, “the nexus is clearly sufficient based on both the economic and virtual contacts respondents have with the state.”

“This is a great day for South Dakota. We have long fought the battle to defend Main Street businesses and now with today’s ruling, all businesses will compete on a level playing field,” said Gov. Dennis Daugaard. “Thanks to all who helped us achieve this victory for tax uniformity – Sen. Deb Peters and all of the legislators who played a role, Attorney General Marty Jackley, and the national groups and 41 states that offered support.”

The case stemmed from a bill passed by the State Legislature and signed by Gov. Daugaard in 2016 which requires online sellers without a physical presence in South Dakota to collect and remit sales tax. The law applies to online sellers with more than $100,000 in sales to South Dakotans or 200 or more transactions.

Department of Revenue Secretary Andy Gerlach says the state will issue guidance in the coming days.

“We intend to do all we can to ensure compliance. Once we have thoroughly reviewed the opinion, the Department will offer specific guidance on how out-of-state online retailers that meet the threshold can comply,” said Secretary Gerlach. “The Department of Revenue will also continue to be a resource for in-state businesses that may be affected by the court’s decision.”

VA Facilities Compare Closely With Private Sector Nursing Homes Overall

The VA Black Hills Health Care System (VA BHHCS) announced that its nursing home received 4-stars as part of its annual performance rating.

VA BHHCS announcement comes after VA extended its unprecedented 18-month record of transparency disclosures by making public for the first time its annual nursing home ratings for every facility in the country. View the ratings here.

The data show that, overall, VA’s nursing home system – composed of more than 130 community living centers – compares closely with private sector nursing homes, even though the department on average cares for sicker patients in its nursing homes than do private facilities.

In fact, the overall star rating for VA’s nursing homes compared to the 15,487 private sector nursing homes rated by the Centers for Medicare and Medicaid Services (CMS) shows that VA has a significantly lower percentage (34.1 percent lower) of one-star, or lowest rated, facilities than the rest of the nation.

Of note, 60 of VA’s nursing homes improved their quality score from last year to this year (2nd Quarter FY17 to 2nd Quarter FY18). Only one facility had a meaningful decline in that metric, and that facility was already rated with four stars.

Extending VA’s Commitment to VA Transparency, Quality Improvement VA has become the first hospital system in the nation to post its: · Hospital wait times · Opioid prescription rates · Employee settlements and accountability actions · Chief executive travel

“VA Black Hills is committed to providing our Veterans with the highest level of quality care. We operate in an environment of transparency and continual improvement to ensure the safety of our Veterans, said Sandra Horsman, VA BHHCS Director.

How VA Nursing Homes Compare with Private Sector The best comparison of VA nursing homes to the private sector is in the overall star rating. Using that overarching and most important metric, VA’s performance compares very closely with that of the private sector. See here for a comparison of quality ratings using CMS’ Nursing Home Compare Five Star Quality Rating System as of April 2018.

VA’s Unique Patient Base Of note, VA nursing homes often serve residents with more numerous and challenging medical conditions than do private sector facilities.

Specifically, VA nursing homes serve a much higher proportion of residents with conditions such as prostate obstruction, spinal cord injury, mental illness, homelessness, PTSD, combat injury, terminal illness, and other conditions rarely seen in private nursing homes.

Also, private sector nursing homes admit patients selectively, whereas – unlike the private sector – VA will not refuse service to any eligible Veteran, no matter how challenging the Veteran’s conditions are to treat. In other words, VA nursing homes often house residents with more complex medical needs that private sector facilities will not accept, which makes achieving good quality ratings more challenging.

As a result, VA nursing homes at times rate lower than private sector facilities on specific metrics such as pain and type of treatment. Despite that fact, VA nursing homes compare well with private sector facilities in overall facility rankings.

VA Nursing Homes Provide More Direct Nursing Care Additionally, VA nursing homes have a higher staff-to-resident ratio than private sector facilities, meaning residents in VA facilities get more direct attention from nursing home staff than do residents in the private sector.

At $2.92, the national gas price average has dropped four cents since the beginning of June. Today’s average is three cents less than a week ago, six cents more than a month ago and 58 cents more expensive than a year ago. On the week, only eight states saw prices increase while all others dropped by as much as 13 cents or remained stable.

“Gas prices continue to dip across the country, but remain nearly 50-cents more expensive than last summer in every state,” said Marilyn Buskohl, AAA South Dakota spokesperson. “The higher prices seem to be influencing driving habits. While consumer gasoline demand remains strong, it is slowing and not growing.”

South Dakota Average Gas Prices:
Current Avg.
$2.888
Yesterday Avg.
$2.899
Week Ago Avg.
$2.875
Month Ago Avg.
$2.735
Year Ago Avg.
$2.372

The Rosebud Economic Development Corporation’s (REDCO) Rosebud Construction broke ground June 12 for the renovation of the Rosebud powwow grounds.

Rosebud Construction will be working with Sicangu Nation Employment Training Program (SNETP) to provide on-the-job training and mentorship to SNETP employees. The renovation will replace the existing arbor and press box in time for the 2018 Rosebud Fair.

Rosebud powwow grounds are over fifty years old and require yearly maintenance. The joint project with Rosebud Construction and SNETP will utilize modern materials and reduce facility upkeep. William Kindle, president of the Rosebud Sioux Tribe said, “This partnership is about strengthening our community and creating jobs. When tribal programs collaborate, our people prosper.”

The mentorship program allows SNETP employees to gain field experience while learning new skills. Lauri Bordeaux, Director of SNETP said, “I would like to thank everyone including the RST Council for entrusting the SNETP as well as our collaborating partners REDCO Construction Group. We hope to give the members of the Rosebud Sioux Tribe a pow wow and rodeo arena that is beautiful and large enough to accommodate our annual event and that we will be proud of and take care of for years to come”.

Improvements to the rodeo grounds, which will include a new announcer stand, rodeo grandstand, and shelter are scheduled to be complete in Fall 2018.

South Dakota’s Supreme Court dismissed an appeal from opponents of the Keystone XL oil pipeline saying a lower court lacked jurisdiction to hear their cases.

The Associated Press reports an attorney battling the project says the “fight is not over.”

Groups fighting TransCanada’s pipeline appealed a judge’s decision last year upholding regulators’ approval for the pipeline to cross the state.

But the high court said in a ruling last Wednesday that justices didn’t “reach the merits of the case” because he lower court didn’t have jurisdiction to weigh the appeal of the Public Utilities Commission’s decision.

Robin Martinez, an attorney for Dakota Rural Action, called the high court’s decision disappointing.

“That’s really disappointing that the court didn’t reach the merits, because the risk to South Dakota’s land and water resources is clearly there,” Martinez said. “It’s a shame that they did not get a closer look by the court.”

TransCanada spokesman Terry Cunha said in an e mail that the pipeline developer is pleased with the court’s decision.

Keystone XL would cost an estimated $8 billion. The 1,179-mile pipeline would transport up to the 830,000 barrels a day of Canadian crude through Montana and South Dakota to Nebraska where it would connect with lines to carry oil to Gulf Coast refineries.

A portion of the pipeline will run through Tripp County.

TransCanada announced in April it as meeting with landowners and starting aerial surveillance of the proposed route. The company hopes to begin construction in early 2019.

The Cheyenne River Sioux Tribe, Yankton Sioux Tribe and Dakota Rural Action appealed to the South Dakota high court after a judge had affirmed state regulators approval of the pipeline.

The PUC initially authorized the project in 2010 but the permit had to be revisited because construction didn’t start within the required four years. The panel voted in 2016

to accept TransCanada’s guarantee that it would meet all conditions laid out by the commission when it first approved that state’s portion of the project.

Cunha said the company is working to get needed land easements for the pipeline in Nebraska.

Billie Sutton, candidate for South Dakota Governor, announces Silvia Christen, former Executive Director of the SD Stockgrowers Association, has joined the campaign as finance director. Christen will head up all fundraising efforts and manage the budgetary operations of the campaign.

Christen said, “I’ve had my thumb on the pulse of South Dakota policy for years, and I’ve been so impressed with Billie’s ability to build coalitions and work for common sense solutions. I’m proud to join the Sutton campaign and ready to continue my work for a stronger South Dakota from this new capacity.”

A Rapid City resident, Christen has served as the executive director of the South Dakota Stockgrowers Association for the past seven years. While earning a degree from the University of Missouri in Ag Economics and Rural Sociology in 2005, Christen conducted research on ag policy and rural development in the US and South Africa.

Her resume includes previous involvement with the Vote Yes Rapid City campaign, local and regional elections, the Rapid City Chamber Ag Committee, and several other service organizations in the region and state. She was an integral part of the disaster recovery efforts following the 2013 Atlas Blizzard, and she was named the Black Hills Stock Show’s Ag Business Person of the Year in 2015.

Christen will work to continue the unprecedented fundraising success the Sutton campaign has achieved so far in this election cycle.