Category Archives: State

After a near-record cold April, May 2018 is off to a warmer than average start across much of South Dakota.

“It appears as if this trend will continue into June, as the dive into summer continues,” said Laura Edwards, SDSU Extension State Climatologist.

In fact, temperatures across the state were above average for the first 16 days of the month.

“Most locations were two to five degrees warmer than usual for this time of year. A handful of locations in the Black Hills, south central and northeast have been more than five degrees above average so far,” she said.

The National Oceanic Atmospheric Administration (NOAA) Climate Outlook for June 2018, released May 17, leans towards warmer than average as well. “Current forecast projections show very good chances that the end of May and early June will be warmer than typical for this time of year in the Northern Plains,” Edwards said.

Precipitation

Rainfall across South Dakota, as of May 17 has been variable, with the southeast portion of the state experiencing especially wet conditions, which brought many rivers to flood stage in early May.

“The eastern rivers have receded now that all the snowmelt has runoff, but water is still high after some recent rain events,” Edwards said.

There have also been some local rain events in west central and northwestern counties, but the total for the last two weeks is only about an inch to 1.5 inches.

The southwest and northeast continue to be the driest areas of the state in the last one to two months.

“A look ahead into June’s climate outlook does not provide much information for precipitation. The latest map shows equal chances of drier, wetter and near average moisture for the month ahead,” she said, and explained that this is not unusual for the Northern Plains. “It is often difficult to predict spring and summer season storms. This is good news, and bad news, for those who are dry in the north, but also those that are too wet in the south and want to make some more progress in planting, fertilizer and early pesticide application.”

The U.S. Drought Monitor map, released May 17, shows that a new area of moderate drought was introduced in northeastern South Dakota, along the North Dakota border.

“This area has been much drier than average for the last 30 to 60 days. Soil moisture is also dry for this time of year,” Edwards said. “This has allowed spring wheat, corn and soybean planting to move ahead rapidly, but continued rainfall will be crucial for the rest of the spring season.”

In the west, despite some recent precipitation, Edwards explained that it has not yet been sufficient to bring the area completely out of drought. “Moderate drought remains over a large area of western South Dakota,” she said. “Stock ponds filled with early spring runoff, but grasses and pastures will need more time to recover from the last one to two years of drought. This area has overall been slightly drier than average since April 1, which is a critical moisture period for cool season grasses.”

The South Dakota state vehicle fleet burned nearly 2 million gallons of ethanol-blended fuels in the last year, according to the South Dakota Bureau of Administration. From mid-May 2017 through mid-May 2018, its fleet of almost 4,000 vehicles utilized 1.91 million gallons of E-10, E-30 and E-85 fuels during the year.

“We have been increasing the number of flex-fuel vehicles we purchase each year,” said Bureau of Administration Commissioner Scott Bollinger. “As older vehicles wear out, we look to replace them with flex-fuel models.”

Ethanol is available at 95 different state fueling sites across South Dakota. The Division of Fleet and Travel Management has installed E-30 pumps at three of the state’s largest fueling sites in Sioux Falls, Pierre and Brookings. Recent decreases in ethanol prices have made E-30 a viable cost-savings option.

Of South Dakota’s entire state fleet, which includes hundreds of vehicles that burn diesel and other fuels, 65 percent regularly use an ethanol-blended fuel.

“South Dakota is a national leader when it comes to utilizing ethanol in its state vehicle fleet,” Bollinger noted. “Ethanol helps our agriculture community, burns cleaner and is saving us money.”

Attorney General Marty Jackley has joined an amicus brief filed in the United States Court of Appeals for the Sixth Circuit by 12 Attorneys General. The brief challenges a decision that permanently enjoins a state statute prohibiting pubic funds from being used to perform abortions.

“The United States Supreme Court has recognized that States have an interest in protecting and fostering respect for human life,” said Jackley. “I will continue to protect innocent life, and vigorously defend state policy that forbids taxpayer funded abortions.”

In the brief, the Attorneys General argue the decision by the U.S. Court of Appeals for the 6th Circuit conflicts with prior U.S. Supreme Court precedent. The U.S. Supreme Court has recognized that a woman’s right to an abortion does not entitle her to public funding for her exercise of that right.

By Dana Hess
For the S.D. Newspaper Association

BROOKINGS — While most of the interest in the June 5 primary is directed to Republicans seeking nominations for the governorship and the U.S. House of Representatives, there is one measure on the ballot open to all registered voters in the state.

Amendment Y seeks to provide a fix for the unintended consequences that sprang up when voters approved Marsy’s Law in 2016.

Designed to protect the rights of crime victims, passage of Marsy’s Law caused some counties to invest heavily in victims’ rights personnel who then spent much of their time contacting the victims of petty crimes. Law enforcement officers found themselves handcuffed when it came to releasing the locations of crimes, essentially drying up their source of crime tips from the public.

Amendment Y allows law enforcement to share information in order to solve crimes and allows victims to opt in to the Marsy’s Law rights rather than having them apply automatically. The amendment also prevents anyone who feels their Marsy’s Law rights have been violated from filing a lawsuit.

“It really strengthen victims’ rights,” said Mark Mickelson, speaker of the state House of Representatives and the sponsor of House Joint Resolution 1004, the measure that put Amendment Y on the June ballot.

Marsy’s Law named for murder victim

Marsy’s Law is named for Marsalee “Marsy” Nicholas, a California college student who was stalked and killed by an ex-boyfriend. Marsy’s Law ballot measures have been bankrolled by her brother, billionaire Henry Nicholas.

Marsy’s Law measures have been passed in five states—South Dakota, North Dakota, Illinois, Ohio and California. It’s on the November ballot in five more states—Oklahoma, Nevada, Kentucky, Georgia and Florida.

South Dakota would be the first of the Marsy’s Law states to tweak the legislation. While originally seeking to overturn Marsy’s Law, Mickelson negotiated Amendment Y with the backers of the victims’ rights legislation.

“We support Amendment Y because it protects those rights while enhancing the ability of law enforcement agencies to work together and solve crimes,” said Sarah Shriver, South Dakota Communications Director for Marsy’s Law for All.

Unintended consequences pile up

After the passage of Marsy’s Law, the larger counties in South Dakota invested in more victims’ rights personnel. Many of the victim notifications they make are for minor crimes, but they are still required by the law.

Mickelson said allowing victims to opt in to Marsy’s Law will allow those counties to cut expenses or redirect their efforts to offer more help to the victims of felonies. The Sioux Falls Republican estimates that Marsy’s Law is costing counties between $500,000 and $1 million annually.

One consequence causing heartburn for media outlets is the Department of Public Safety’s decision to wait three days before releasing the names of accident victims.

According to Jenna Howell, an attorney with DPS, an opinion from the attorney general allowed accident victims to opt in on whether to invoke their rights. Howell said victims need some time to handle the anguish of a major accident.

“We don’t think it’s fair to have them decide on the side of the road,” Howell said.

That leaves media outlets relying on other sources. In Watertown, an accident victim’s name was unavailable to the Public Opinion for it’s story, but was presented in the same edition in the victim’s obituary.

“There’s something wrong with the system when the government isn’t releasing the names but we’re getting the name from the funeral home,” said Roger Whittle, editor of the Public Opinion.

“If it’s a particularly bad crash, we’ll learn who’s involved through social media,” said Elisa Sand, a reporter for the Aberdeen American News, “but we’d rather get that information from law enforcement.”

DPS isn’t likely to change the way it reports accidents, according to Howell, even if Amendment Y passes.

“Marsy’s law isn’t binding on social media or the public,” Howell said. “It’s just binding on the government.”

Amendment vote during primary an oddity

Mickelson said he pushed for including the vote on Amendment Y on the June ballot to save counties money and to open up records for the families of accident victims who are still waiting for reports.

If Amendment Y passes in June, it would go into effect July 1. If it was on the November ballot, Mickelson explained, it would not go into effect until July of 2019.

“If we did it in November, we’d have to wait a whole year,” Mickelson said. “That’s why we decided to do it in June.”

Special elections aren’t uncommon for the state, Mickelson said, noting Gov. Bill Janklow’s use of a special election for the sale of the State Cement Plant.

According to Kristin Gabriel of the Secretary of State’s office, “It is uncommon to have a ballot question on the primary election ballot in South Dakota. This is the first time the Legislature has placed a statewide ballot on the primary ballot.”

That decision wasn’t well received by all the members of the Legislature. House Joint Resolution 1004 originally passed through the House 65-0. It was then passed 22-13 in the Senate after being amended to include Amendment Y in the June election. Because of the amendment, HJR1004 had to return to the House were it passed 61-6.

The amendment was enough for a “nay” vote from Spencer Hawley, House Minority Leader from Brookings.

“I support the changes to Marsy’s Law,” Hawley said, “but I am against moving a constitutional amendment to a primary. Usually there is a very low turnout and the Democratic side there are not very many primaries this year.”

One lone anti-Amendment Y voice

The special election is just one of the problems that Cory Heidelberger has with Amendment Y. Heidelberger runs the liberal blog Dakota Free Press in Aberdeen where he is a Democratic candidate for state Senate. He’s also likely the only person speaking out against Amendment Y.

Heidelberger cites the $200,000 the Legislature appropriated for the special election as a sign that Marsy’s Law is costing the state even more than Amendment Y backers say it is.

“It’s costing us more to do this than a regular election in November,” Heidelberger said, noting that Republican primaries dominate the June 5 ballot this year. “It’s kind of a way for the Republicans to pick their voters.”

Debbie Hemmer, publisher of the Grant County Review at Milbank, was elected president of the South Dakota Newspaper Association during the group’s 136th annual meeting May 5 in Sioux Falls.

“From the rising costs of production and postage, to social media and cries of fake news, to the battles over publishing public notices, some days it feels like the newspaper industry is under attack from every angle. It may be hard to be optimistic, but it is in times like these that the value of a hometown newspaper shines through,” Hemmer said. “To paraphrase Mark Twain, ‘The reports of the death of newspapers is greatly exaggerated.’ It is the hometown newspaper that puts the spotlight on what truly matters – the community.”

Hemmer added: “A community cannot thrive without a newspaper, and SDNA is here to help newspapers thrive. I’m honored to serve as president of the association, and will look to the good work of the past presidents who have so aptly served for examples to follow as we continue forward in these challenging times.”

Hemmer started her career in the newspaper industry as a typesetter at the Grant County Review in 1980, working for owners Phyllis and Clarence Justice. As is typical at weekly newspapers, she learned other aspects of the business as well.

“Phyllis taught me how to develop film and print photos in the darkroom, and Clarence instructed me on laying out the paper on grid sheets, both processes that we no longer use today,” Hemmer said.

Over time Hemmer took on more responsibilities at the Review, becoming a sports reporter, office manager and news reporter. She became editor after Phyllis Justice entered the nursing home.

In October 2013, Hemmer and fellow employee Holli Seehafer purchased the Review at the urging of Clarence Justice, who had become ill and moved to a nursing home.

Hemmer is the third publisher from Milbank to serve as SDNA president. Phyllis Justice was SDNA president in 1982-83. Henry S. Volkmar of the Milbank Review was president in 1899-1900.

Also elected to the SDNA Board of Directors last week were: first vice president Letitia Lister, publisher of the Black Hills Pioneer at Spearfish; second vice president Beau Ravellette of the Pioneer Review at Philip; third vice president Robert Slocum of the Timber Lake Topic; director Cory Myers, news director at the Argus Leader, Sioux Falls; director LeeAnne Dufek, publisher of the Hamlin County Republican at Castlewood; and immediate past president Kelli Bultena, publisher of the Lennox News.

South Dakota Newspaper Association, founded in 1882 and based in Brookings, represents the state’s 125 weekly and daily newspapers with a total readership of more than 600,000.

On May 5, Representative Lee Qualm, House Majority Leader presented a Legislative Commemoration to the 155th Engineer Company of the SD Army National Guard in Wagner, SD on being awarded the Itschner Award and the Reserve Family Readiness Award in 2017.

The selection for the Itschner Award recognizes the best engineer company in three categories: United States Army, Army Reserve, and National Guard; and the Reserve Family Readiness Award is presented to one unit from each of the seven reserve components that demonstrate excellence in engaging with and supporting members’ families.

The 155th Engineer Company continues to demonstrate continued support to its community and the state of South Dakota. The Ninety-Third Legislature of the State of South Dakota expresses its respect, commendation, and congratulations to the South Dakota Army National Guard’s 155th Engineer Company on receiving the Itschner Award and the Reserve Family Readiness Award and for its outstanding service to the great state of South Dakota and the United States of America.

These two awards are a great honor and the 155th Engineer Company, based in Wagner and Rapid City, South Dakota, deserve this outstanding honor for their hard work and high standards of excellence

At the encouragement of the South Dakota Department of Veterans Affairs and the South Dakota Department of the Military, Gov. Dennis Daugaard has proclaimed May as “National Military Appreciation Month,” a time for all to honor, remember, recognize and appreciate those who have served in the past, those now serving, as well as their families.

“The vigilance of the members of the Armed Forces has been instrumental to the preservation of freedom, security and prosperity enjoyed by the people of this great nation,” the Governor’s proclamation states. “The success of the Armed Forces depends on the dedicated service of its members and their families.”

National Military Appreciation Month includes: Loyalty Day on May 1, Victory in Europe Day on May 8, Military Spouse Appreciation Day on May 11, Armed Forces Day on May 19 and Memorial Day on May 28.

“Every American citizen is indebted to the women and men who have served this nation in uniform; earning and preserving the rights we take for granted every day,” said Maj. Gen. Tim Reisch, Adjutant General of the South Dakota National Guard. “We also owe a debt of gratitude to our military family members, without whom that service would be impossible.”

The days provide an opportunity to honor, remember, recognize, and appreciate those who serve and have served. These men and women continue to play a major role in the development of our country; documented through a history of uncompromising honor, dedication to duty and genuine love of country.

“Life is all about timing,” said Larry Zimmerman, Secretary of the South Dakota Department of Veterans Affairs. “The month of May is our time to recognize our military, veterans and their families. They are serving, have served, or stood beside those service members everyday of their career. Let’s remember these heroes every day for what they do, as service to this great country is a part of their daily lives.”

By Dana Hess
For the S.D. Newspaper Association

Two candidates seeking the Republican nomination for governor did not differ much on the issues, instead used most of a debate to offer their qualifications for the office.

The debate between U.S. Rep. Kristi Noem and S.D. Attorney General Marty Jackley took place Saturday at the annual convention of the South Dakota Newspaper Association.

The debate was moderated by Mark Roby, retired publisher of the Watertown Public Opinion and the Aberdeen American News. Reporters questioning the candidates included Seth Tupper of the Rapid City Journal, Stu Whitney of the Sioux Falls Argus Leader, Robert Slocum of the Timber Lake Topic and Brianna Schreurs of the Collegian at South Dakota State University.

“I think really, when you look at it, who’s ready to take over the role of being the next governor of South Dakota, these races tend to come down to experience,” Noem said, noting that she has been prepared through her experiences in farming, business, serving in the state Legislature and in the U.S. Congress.

“When you look at executive experience, I’ve had the opportunity to learn that firsthand as a partner running a Main Street business, to learn it as your United States Attorney, as your attorney general and as chairman of the nation’s attorney generals,” Jackley said.

Asked what it means to be a Republican, Noem said it was a belief in a smaller government role in the lives of its citizens.

“Republicans look to balance budgets, pay off debts, give people more freedom and opportunities,” said Noem. “It’s a little bit of a challenge being a conservative in Washington, D.C., because of the things that are going on.”

“I’m a Republican because I believe in limited government,” Jackley said. “I’m a Republican because I believe that we need to protect taxpayer dollars and balance our budget.”

Both candidates said they would work to strengthen education in South Dakota, work to broaden the economy if the Internet sales tax lawsuit fails, bolster the agricultural economy, work on housing, jobs and Internet connectivity as a means for keeping more young people in the state and continue to combat human trafficking.

The candidates agreed that if elected governor they would likely sign a constitutional carry law that allows citizens to carry handguns without a permit.

Noem said gun rights are under fire. “We are at war at the national level,” she said.

Jackley said the legislation contains protections to keep handguns out of the hands of people convicted of a violent crime, a drug crime or those treated for a mental health issue.

“Yes, I will sign that legislation because it protects our Second Amendment rights, it protects our communities,” Jackley said.

Throughout the debate, Jackley asserted that the federal government in Washington, D.C., isn’t solving its citizens’ problems, calling for the state to come up with “South Dakota solutions.”

This tactic wasn’t lost on South Dakota’s sole representative in the House.

“I know Marty’s talking a lot about Washington and he’s kind of hoping as he throws mud at Washington, it sticks to me, but my record on this is clean,” Noem said, noting her vote against the recent $1.3 trillion spending bill.
While both candidates said that the federal government isn’t doing all it can to help South Dakotans, they both had praise for President Donald Trump. Jackley said the president’s plan for a southern border wall will help combat methamphetamine and opioid addiction. Noem praised the tax cut championed by the president, saying that it put $2,400 more in the pocket of each South Dakota family of four.

Both candidates called on the memory of former Gov. George Mickelson and his efforts to build reconciliation between whites and the state’s Native American population.

“I’m a mom,” Noem said. “I know how those moms on the reservation feel when they see that the opportunities for their kids are limited. We, years ago, talked about South Dakota having a reconciliation opportunity with our tribes and I think that’s in front of us again.”

Jackley noted his relationships with the tribes and his appointment of special assistant attorneys general in tribal law enforcement to enhance cooperation.

“I think it’s based upon that relationship I’ve built with them that a reconciliation like Gov. Mickelson envisioned can and will happen under a Jackley administration,” the attorney general said.

Asked how the state could avoid future scandals like EB-5 and Gear Up, Jackley noted that those were federal programs. He said since those scandals he has sponsored legislation to protect whistleblowers and better regulate state agencies using federal funds.

Noem noted that the money from the federal programs was administered by the state.

“We’ve been making headlines for scandal and mismanagement and million dollar settlements,” Noem said. “We should be making headlines for the wonderful things that we’re doing in the state.”

The candidates disagreed on how to tackle the state’s problems with Noem taking issue with Jackley’s history of forming task forces to address issues.

“You don’t have to form more government in order to listen to people,” Noem said. “I’m a big believer that you don’t have to go forward and create a new task force to address an issue.”

Jackley said it was a practice he would continue as governor.

“I will put the right people together in task forces,” Jackley said. “That’s not more government. That’s utilizing citizens to be able to help make government better, to make government more transparent.”

The winner of the Republican nomination for governor will face Democrat Billie Sutton in the fall. Sutton does not face a primary challenger. The winner of the general election will replace Gov. Dennis Daugaard who is term limited.

The South Dakota Department of Social Services has developed a suicide awareness and prevention campaign, BeThe1SD, to help decrease the number of suicides in South Dakota.

Since 2004, over 1,700 lives have been lost due 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 the 2015 Youth Risk Behavior Survey.

The ‘BeThe1SD’ campaign emphasizes a positive message that encourages youth to be vigilant about the signs of suicide and to “be the one” to make a difference. The campaign is supported by federal funds issued through the Substance Abuse and Mental Health Service Agency (SAMHSA), a Division of the Federal Department of Health and Human Services.

“The goal of the campaign is to educate and empower all South Dakotans so they can be proactive in preventing suicide,” said Department of Social Services Secretary Lynne Valenti. “We especially want to encourage young people to get involved because even a simple gesture or a question of concern can make a difference and save someone’s life.”

The campaign specifically targets South Dakota youth, which is a high-risk population, but is applicable to anyone in crisis. BeThe1SD highlights the warning signs of suicide and informs youth on how to get help for themselves, their friends and their peers.

Approximately 25 South Dakota high school students participated in the campaign, which included video and photoshoots at Dell Rapids High School. A website for the campaign can be found at BeThe1SD.com.

To learn more about suicide, the warning signs, how to get help and to find upcoming suicide prevention training, please visit sdsuicideprevention.org. For more information about the ‘BeThe1SD’ campaign, please contact Tia Kafka at 605-773-3165.

By Dan Bechtold, Editior

Lawrence County state’s attorney John Fitzgerald wants to be South Dakota’s next attorney general.

Fitzgerald was in Winner on April 9 for the Lincoln Day dinner.

He is one of three Republicans seeking the party’s nomination as attorney general.

Current attorney general Marty Jackley is running for governor.

Fitzgerald says he has the level of experience that sets him apart from the other candidates for attorney general. He says he has the determination for serving justice and helping people.

Fitzgerald received his undergraduate degree in history from Black Hills State University in 1977 and his law degree from the University of South Dakota in 1979.

The candidate has been a prosecuting attorney in South Dakota for 38 years. He was elected state’s attorney in Butte County and then became a special state’s attorney in Lawrence County, working half time in each county.

Since 1995, Fitzgerald has been the Lawrence County state’s attorney.

He says it would be a dream come true to be elected attorney general. “The work of attorney general is similar to what I do as state’s attorney but on a larger level. I think I am well qualified and I am up to the challenge,” he said. “I think I could be a good addition to the attorney general’s office.”

When asked what kind of attorney general he would be, he responded: “I would be one that has a lot of practical experience as a prosecuting attorney. I have a lot of valuable insight and skill and knowledge into what it takes to be an attorney general.”

Originally from Boston, Fitzgerald explained his background as the oldest son of Judge John Fitzgerald. He explained that his family was affected by an attempt on the life of his father and how the mafia tried to kill his father.

His father was a criminal defense attorney in Boston who was representing people that work for the mafia. Fitzgerald said he was 12 years old at the time.

His father crossed the mafia and they decided they were going to kill hm. They planted a bomb in his car and when he started it the bomb went off blowing off the attorney’s leg and maimed his other leg. His father survived and agreed to testify against the mafia.

The government got the older Fitzgerald a job with the Small Business Administration working with disaster relief. The elder Fitzgerald came to Rapid City after the 1972 flood. He liked the area and moved his family to western South Dakota.

Fitzgerald and his wife, Mary, have been married for 39 years and have three grown children and five grandchildren who all live in South Dakota.