Category Archives: State

As the third week of the 92nd Legislative Session wrapped up, we once again find controversy plaguing the legislature. As most have heard on local and national news, South Dakota is at the forefront with the repeal process affecting Initiated Measure 22. This measure passed by a majority vote of electors. This measure, was passed in response to the citizens’ call for urgency in accountability, ethics and campaign finance reform.

While I do agree that the measure was not properly written, I do believe that the intent of the voters is clear – we want transparency and accountability in our government – federal, state and local.

My deepest concerns with HB 1069, the bill to repeal IM 22, is the fast track it has been placed on, and in my opinion, without cause to do so. Judge Mark Barnett has placed an injunction on the measure, thereby, making it impossible for it to take effect until further court action is taken. I believe we have the cart before the horse – we need to pass legislation that will answer the concerns of the voters, in all areas that IM 22 addressed, and then perhaps take action on a full repeal. This measure has an emergency clause attached to it, which if passed and signed by the Governor, will not allow the bill to be referred to a vote of the people. Clearly a misguided attempt to shut down the voice of the people. HB 1069 passed the House overwhelmingly and is not in the hands of the Senate. In a few short days, we will know the impact of HB 1069 and the fate of IM 22.

On a brighter side, we continue to move bills through the committees. House State Affairs has been working through bills from the Secretary of State regarding enhancements to the election statutes, clearly because of challenges to petitions filed in the 2016 election. I am supportive of the Secretary’s attempts to make sure that all procedures are proper and transparent for all in the election process. The final day to drop bills is rapidly approaching – Thursday, February 2nd. We are certainly down in the number of bills filed, which is to be expected with a new class of legislators, but every bill is important and deserves it’s hearing and vetting in this process.

This column is rather short, but I guarantee as the process picks up pace, there will be much more to report. As always, thank you for the opportunity to serve and represent the good folks of District 21. Please feel free to contact me at Julie.bartling@sdlegislature.gov or call me cell at 605-222-3378. I appreciate so very much hearing from all on issues of concern. Thanks and have a great week. Rep. Julie Bartling District 21

Week 3 is complete. It was filled with committee work, bill filings and introductions. The unlimited bill introduction deadline has passed, and as you are reading this the final 3-bill introduction rule of February 2nd is upon us. This means that after the unlimited bill introduction deadline, each legislator is only allowed to submit three more bills for consideration before the February 2nd deadline. So far there have been 268 bills filed.

In Senate State Affairs this week we heard HB 1069, which is the bill that would repeal Initiated Measure 22 that was passed by a majority of voters on the ballot in November. IM 22 is the South Dakota Government Accountability and Anti-Corruption Act that sought to limit lobbyist gifts, create a publicly funded campaign system, reform campaign finance, and set up an ethics commission. A lawsuit was filed, mainly by legislators, and they were granted a preliminary injunction so IM 22 is currently enjoined by our court system. The courts have not made a final ruling on IM 22, and it is subject to a trial and appeal. As a legislature, the first three weeks of session have been dominated discussions on this measure.

We need to do whatever we can to make sure that state government works efficiently and effectively for all the citizens of South Dakota by ending old and preventing new corruption and conflicts of interest. I believe that making state government work better for all South Dakotan’s begins with listening to the voters when they speak at the ballot box. That is why I am opposed to the complete repeal of the voter-approved Initiated Measure 22, which passed by over 52% of the vote. I will do all that I can to make any needed clarifications and corrections to this law, but I want to be clear that it has not been ruled unconstitutional like some members of the legislature have claimed. A preliminary injunction has been granted, but that is in no way a final ruling on this measure. IM 22 deserves to have its day in court and should follow appropriate legal channels. It is clear that the public is demanding more transparency in state government, campaign finance reform, and strong conflict of interest laws. We should respect that demand.

One of the most frustrating parts of this process over the last three weeks has been the unprecedented urgency and extraordinary measures used to railroad the repeal of IM 22 as quickly as possible. Because it is currently enjoined, it will not take effect until it has finished its journey through our court system. Thus, the speed and unfamiliar legislative procedure appear to me only as a way to usurp the will of the voters and end the inconvenience of new campaign finance rules for legislators. Even if you did not vote for IM 22, we should all be concerned about these questionable tactics, as they are an example of exactly the reason why voters are asking for more transparency in state government.

HB 1069 also has an Emergency Clause attached to it, which means if passed it goes into effect immediately instead of July 1st like most new laws. By doing this, there is no option for opponents of this measure to gather signatures and refer it to a vote of the people. I see no other reason to put an Emergency Clause on this bill other than to take away the peoples’ voice in this discussion, and I believe it is an unconstitutional use of the Emergency Clause function per Article III § 1 of the SD Constitution

While I agree IM 22 was not perfect—few bills or ballot measures are—perhaps if the legislature had passed the ethics legislation and campaign finance reform measures proposed in the past several years instead of killing the reforms on party-line votes, South Dakotans might not have felt the need to pass IM 22.

Finally, the last big issue I have with this process is that many of the sponsors of HB 1069 are also the same legislators that filed the lawsuit against IM 22. These legislators are voting on a bill that would repeal a law that they filed a lawsuit to strike down. If IM 22 is repealed by the legislature, then that lawsuit is null and void. To me, there is no better example of a conflict of interest. The legislators that are plaintiffs in this lawsuit should recuse themselves from voting on IM 22.

I have introduced several bills to address issues in our district and on behalf of members of our district. SB 110 would create a teacher tuition reimbursement program for teachers committing to teach in a rural area for three years. SB 111 would provide increased support for child care costs for working families. SB 112 would allow school boards to refer their decision on a four or five day school week to a vote of the people. HB 1094 would allow landowners to transfer two deer hunting licenses from immediate family to another South Dakotan. I will submit a bill this coming week to create a pilot program for state funded Pre-K education, as we are one of only five states that do not offer state support for Pre-K education. I will also be introducing a bill to fix the school funding formula for schools that were affected by declining enrollment, which I feel is a top priority.

As a legislature, we often spend far too much time on “fringe issues,” and we need to get back to more discussions on how we grow and support rural South Dakota economic development. I am working on several measures that will do just that by putting the focus back on rural South Dakota. A couple examples of this are fully funding the Building South economic development program that focuses on the rural housing crisis, as well as Career and Technical Education at the high school level. I am also working on increasing funding for South Dakota’s Needs Based Scholarship program, which will help our high school students in low to moderate income families attend college. Increased support for child care costs and Pre-K education will also go far in keeping dollars in your pocket. Child care costs have gotten out of hand, and our current system is forcing people to stay at home to take care of kids rather than joining our workforce.

All of these proposals are being funded with dollars currently available in our budget, by cutting wasteful spending and putting our priorities where they belong. No tax increases are necessary for any of these programs. Our number one goal at this point should be making sure that working families are getting ahead, especially since our number one industry—agriculture—is going through hard times.

I encourage anyone to contact me with questions, concerns, and new ideas on how we can improve South Dakota as we move through the legislative session. It is an honor to be your Senator, and I will continue working hard for all of you and for the great state of South Dakota.

sen.sutton@state.sd.us

605-830-5540

Secretary of State Shantel Krebs announced a new concealed carry weapon permit program and permit design. Secretary Krebs said, “This permit is more official looking with a reflective hologram very similar to a driver’s license without the photo id. Because of the substantial increase in concealed carry weapon permits issued in recent years we needed to change the way the permits were produced to increase efficiency and decrease costs while also improving the quality and style of the cards. When I studied the work flow process time to produce the old cards I realized there was room to cut costs on labor. We have cut the cost of each permit from $4.75 to $1.48,” stated Secretary Krebs. Much of the cost was due to the amount of staff time to assemble the old permit by hand.

Permits issued have nearly tripled in the past 10 years. In 2016 Secretary Krebs issued an all-time high for new and renewed permits of 30,029. In 2006 the Secretary of State’s office issued 11,763.

There are over 96,000 active permit holders that currently have the previous style laminated card that has been accused of resembling a library card.

For those wanting to upgrade to the new looking permit:

If they just want the new looking permit, address changed, name change (because of marriage) the request comes to the SD SOS office by writing a letter to request a replacement with the new permit to the Secretary of State’s office with name, date of birth, address, signature, permit number and a check for $2 made out to the Secretary of State’s office.

South Dakota Public Utilities Commissioner Chris Nelson has been selected to serve on the National Association of Regulatory Utility Commissioners’ Board of Directors, a group tasked with overseeing NARUC’s efforts to improve the quality and effectiveness of public utility regulation. This is Nelson’s second appointment to the association’s supervisory board. He earned his first seat in January 2014 when he was selected to serve as chair of NARUC’s Committee on Telecommunications.

Appointed to a new seat by NARUC President Robert Powelson of the Pennsylvania Public Utility Commission on Jan. 12, 2017, Nelson will serve on the board through October 2018. Along with other board members, he will focus on strengthening state commissions by engaging in public policy discussions, recommending resolutions to the NARUC membership and advocating among federal agencies.

“I’m grateful to serve on my national association’s board of directors. This leadership position allows me to guide the direction of our organization in a manner that serves the needs of South Dakotans,” said Nelson.

Nelson has been a member of NARUC since 2011. He was part of NARUC’s Task Force on Federalism and Telecommunications and has been appointed by the Federal Communications Commission to the Federal-State Joint Board on Universal Service, representing the interests of NARUC.

Gov. Dennis Daugaard appointed Nelson to the PUC in January 2011 to fill a vacancy. Nelson was elected in November 2012 to continue serving the remaining four years of the term. He was re-elected to the PUC in November 2016 to a full, six-year term. Prior to joining the commission, Nelson served eight years as South Dakota’s Secretary of State.

Every four years after a presidential election, Americans from all corners of the country flock to Washington, D.C., to attend the incoming president’s inauguration ceremony. At noon on January 20, 2017, President-elect Donald Trump becomes President Donald Trump, after he is administered the oath of office by Supreme Court Chief Justice John Roberts.

The oath of office of the President of the United States is only 35 words long, and is stated in the United States Constitution: “I do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.” The first president to take the presidential oath was George Washington at his inauguration on April 30, 1789, at Federal Hall in New York City, the temporary seat of government at that time.

President Washington also set the precedent of delivering an inaugural address following his swearing-in ceremony, a tradition that has led to some of the most renowned quotes from our presidents. Washington swore to preserve “the sacred fire of liberty” and uphold the “Republican model of Government.” Other famous lines from inaugural addresses include John F. Kennedy’s “ask not what your country can do for you, ask what you can do for your country,” and Ronald Reagan’s “In this present crisis, government is not the solution to our problem; government is the problem.” These remarks continue to inspire Americans today.

The entire ceremony takes place on the West Front Lawn of the U.S. Capitol, as it has since 1981. Attendees fill the National Mall from the Capitol steps to the Washington Monument, all to catch a glimpse of living history. Following the swearing-in and inaugural address, an inaugural parade and numerous balls take place throughout Washington, D.C.

While January 20th is the official day the president takes office, months of preparation have gone into the planning of the inauguration ceremony and official events, such as the parade and the formal balls. Since 1901, the Joint Congressional Committee on Inaugural Ceremonies has been in charge of setting up the swearing-in ceremonies. Thousands of men and women have been working behind the scenes to plan the ceremony and make sure the Capitol remains secure. I’d like to thank them for their hard work, as well as all the members of the law enforcement community who have been putting in long hours leading up to inauguration weekend. Their job protecting the attendees at the inauguration is incredibly difficult, and their dedication to the security of the attendees is deserving of praise. Without their commitment, this very special day for our nation could not run as effortlessly and with the dignity it deserves.

In his inaugural speech, Thomas Jefferson said, “But every difference of opinion is not a difference of principle…We are all republicans. We are all federalists.” His wise words ring true today. Though we may disagree with one another on certain policies, we are all Americans, and our presidential inaugurations reflect a decidedly American ideal: the peaceful transition of power from one administration to the next.

I’ve heard stories like this many times over, even from within South Dakota: A young woman falls behind on rent or faces other financial straits. Someone steps in to help, but the apparent act of kindness comes with certain strings attached. It might begin as a requirement to just “hang out.” Perhaps they begin to date. But then, the threats come – both physical and emotional. A financial reliance has been established – perhaps a drug or alcohol addiction as well – so it’s difficult to find a way out. Within months, maybe even weeks, a supposed friend becomes the victim’s trafficker.

The manipulative control persists, often resulting in multiple run-ins with the law. Many victims are arrested, brought up on charges of conspiracy, money laundering, prostitution or drug trafficking. Even if they’re able to escape the horrors of trafficking, these criminal records can chain them to their past and leave them vulnerable to being exploited or trafficked again.

According to a recent survey by the National Survivor Network, around 80 percent of trafficking survivors surveyed had lost or not received employment because of their criminal convictions. Around half had suffered from barriers to accessing housing. Trafficking survivors deserve a fair shot at rebuilding their lives, but that’s difficult when housing, employment, and education are out of reach.

With this in mind, I helped introduce the bipartisan Trafficking Survivors Relief Act earlier this year. This legislation would create a process in which trafficking survivors with non-violent federal offenses could ask a judge to free them of their records, vacating arrests or convictions that were a direct result of being trafficked. I’m hopeful this legislation will help relieve survivors of the past, open doors for them, and offer a path forward where healing can begin.

If enacted, this bill would build on our accomplishments from last Congress where we passed one of the most comprehensive anti-trafficking packages seen in a decade. The legislation allocated more resources for survivors, offered more tools to go after traffickers and buyers, and put policies in place to prevent trafficking.

The mission to end human trafficking is one that each of us can participate in. I encourage you to familiarize yourself with the signs of human trafficking. Is someone you know not free to come or go as they wish? Are they fearful, anxious, tense or paranoid? Do they appear malnourished or show signs of abuse? Do they lack control over their own money or financial records? These are just some of the indicators a victim may exhibit. To learn more, I encourage you to visit humantraffickinghotline.org.

Additionally, if you or someone you care about is being trafficked or at risk, please call the National Human Trafficking Hotline immediately at 1-888-373-7888. Correspondence with the National Hotline is confidential and you may request assistance or report a tip anonymously.

Those who have been trafficked should be treated as survivors, not criminals. I’m hopeful our latest proposal can help clear the path for them to rebuild their lives.

As the second week of the legislative session wraps up, we find the committee hearings beginning to take up bills. At present, the bill load is quite light, with the majority of bills coming from the administration and departments of state government.

I have been appointed to serve on the Agricultural and Natural Resources Committee and State Affairs committee. The only bill to date in the Agricultural committee is one that would repeal the requirement of corporations to file an Annual Farm Report, as these corporations already file the domestic business corporation Annual Report with the Secretary of State. Farm corporations are the only entities that currently file a report that reports intricate information such as the class of stock, the number of shareholders, etc. This bill passed unanimously out of committee and is headed to the House floor.

In House State Affairs, the committee has worked on bills clarifying the trust laws in South Dakota. Due to a variety of reasons, South Dakota has become a magnet for trust companies with its favorable laws governing the trusts and protecting beneficiaries. HB 1046 and HB 1051 were unanimously passed out of committee to revise the code and enhance the trust laws. The House will take these bills up during session in the third week.

The House floor sessions have been rather quiet this week, but are guaranteed to liven up as the committees send bills out. In looking forward to committee schedules, the House State Affairs committee will be dealing with the proposed repeal of Initiated Measure 22, which was passed by the electors in the November general election. While I’m not comfortable with all of the language in IM 22, I will not vote for the repeal. This measure is tied up in the courts, therefore, I’m not comfortable with repealing until a final ruling is announced by the courts. There are several bills that are forthcoming that will address the pieces of IM 22 related to campaign finance, lobbyist ‘gifts’, and code of conduct for state officials, including the executive branch and the legislative branch. The campaign finance bill will need to be amended from what I am hearing, but should be one that I can get behind for reform.

Bills that will be submitted within the next couple of weeks will include an attempt to allow the production of industrial hemp. This bill passed through the House last year but failed in the Senate Ag Committee. There as been a call from some in the Ag community to attempt this measure once again as economical development for agricultural producers. Industrial hemp is far from the cultured hemp grown in states that permit medical or recreational marijuana. The THC level is extremely low, while the plant is conducive to being harvested for twine, rope and other coarse materials. This will once again be a topic of concern for law enforcement so we will need to address that as the bill progresses.

The Joint Appropriations committee has been meeting each day and filing through department and agency budgets. Of course, the concern is still there that growth is limited with the slow sales tax revenue, therefore, as the committee works further, the budget will continue to develop.

As always, please contact me with any questions or concerns about legislation. I may be reached at HYPERLINK “mailto:Julie.bartling@sdlegislature.gov” Julie.bartling@sdlegislature.gov or call me at 605-222-3378. Thank you for the opportunity to represent everyone in District 21. Have a great week!

Representative Julie Bartling
District 21 House

Week 2 is complete. Most committees started hearing bills from individual legislators or agencies during the week. There have already been 140 bills proposed, and the deadline for bill introduction is not until February 2nd. Many more bills are expected to come in before the deadline. The Joint Appropriations Committee (JCA) has been busy with agency and department budget hearings, while the Senate State Affairs Committee has heard a handful of bills.

On Tuesday, January 17th, the JCA heard from Game Fish and Parks (GF&P), Transportation, and Environment and Natural Resources. There were no general fund increase requests from any of these departments as compared to last year’s budget. The GF&P receives just over $6 million from general funds. The rest of their budget is made up of just over $25 million in federal funds and $58 million in other funds. Other fund revenues are made up of fees, licenses, and permits charged for hunting, fishing, and parks and recreation use. The department of Transportation budget only receives $547,589 in general funds, but receives over $388 million in federal dollars and $299 million in “other” funds. The majority of other fund revenues for Transportation are gas tax and vehicle excise tax.

On Wednesday, January 18th, the JCA heard from the Bureaus of Information and Technology (BIT), Administration (BOA), Human Resources (BHR), and State Employee Compensation. BIT is requesting an increase of two full time equivalent (FTE) employees to cover cyber security and two FTE’s to expand local content. There was also a lot of discussion about South Dakota needing to upgrade our state radio. Twelve radio tower sites need to be constructed and upgraded over the next seven years at a cost of $3.1 million per year. The Governor is not recommending this increase even though the department requested this funding. The BOA is requesting a decrease in general fund expenditure authority of $183,029 due to the end of the Sale/Leaseback program that Governor Janklow implemented during the 90’s. There was no significant spending request from BHR. Governor Daugaard is also requesting a 1% salary increase for all permanent state employees. This raise will cost just over $6 million in general funds, $3 million in federal fund authority, and $6.4 million in other fund authority.

On Thursday, January 19th, the JCA heard from the Departments of Agriculture (SDDA), Public Safety, Revenue, and Labor and Regulation. The SDDA is requesting an increase in general fund expenditure authority of $200,000 for personnel costs and capital outlay programs. The Department of Public Safety is requesting an additional four FTE’s for highway patrol officers for the Smart on Crime Task Force recommendation that is seeking to crack down on Methamphetamines coming into our state. The Department of Revenue is requesting one additional FTE for title fraud prevention measures and rebuilt motor vehicle program. The department of Labor and Regulation is requesting a decrease in five FTE due to lower usage of Unemployment Services and State Labor Law Administration.

In Senate State Affairs Friday, January 20th, we heard Senate Bill 59. This bill would require that Initiated Measures go through the same process as a bill proposed during the legislative session, essentially make the Initiated Measure process pointless. It would have required the legislature to vote on the measure, as well as allowed the Governor to potentially veto the measure, which flies in the face of why we have the Initiated Measure process in the first place. I supported striking this section from the bill in committee and fortunately it was amended to remove this section. The main thing that SB 59 does now is move the effective date of Initiated Measures and Referred Laws to July 1st of the year following the election. I did not support this bill because I believe it still opens the door for the legislature to change an Initiated Measure before it goes into effect. I will work to move the effective date of Initiated Measures to January 1st of the year following passage, which will give departments and agencies the time to implement what the voters passed on the ballot. It seems there will be many efforts this legislative session to undo or alter the Initiated Measure process. To me, the major problem with many of these proposals is that they make it harder for the everyday South Dakotan to have their voice heard and easier for large money organizations to push their agenda. We have a rich history as being the first state in the nation to implement the Initiated Measure and Referendum process, and I believe that it has served us very well. It is incredibly important for all of us to protect our right of direct democracy through this process so that the people can be responsive to a legislature that may not be listening to the will of the voters.

There will also be a bill to repeal Initiated Measure 22 in a joint House and State Affairs Committee hearing on Monday, January 23rd. I will report on the outcome of legislation in next week’s article. I encourage anyone to contact me with questions, concerns, and new ideas on how we can improve South Dakota as we move through the legislative session. It is an honor to be your Senator, and I will continue working hard for all of you and for the great state of South Dakota. sen.sutton@state.sd.us 605-830-5540 District 21 Senator Minority Leader Billie H. Sutton

PIERRE — McCook Central School District Superintendent Dan Swartos will be the next executive director of the South Dakota High School Activities Association.

The SDHSAA board of directors announced the decision after an executive session at the board’s Wednesday meeting on Jan. 11.

Board member Brian Maher, who led the search for a new executive director, said Swartos had a varied background as a successful coach, school administrator and member of the National Guard band.

“He rose to the top of a very good pool,” Maher said. Other finalists for the position included Avon School District Superintendent Tom Culver and Aberdeen Central High School Principal Jason Uttermark. Uttermark is also a member of the SDHSAA board.

Swartos said he plans to work at McCook Central through June and start his SDHSAA contract on July 1. SDHSAA board chairman Steve Morford of Spearfish appointed three board members to work out the final details of Swartos’ contract. Those board members include Maher, Sandy Klatt of Brandon Valley and Jim Aisenbrey of Baltic.

Swartos is in his fifth year as superintendent at McCook Central in Salem. Before that, he spent four years as superintendent of the Big Stone City School District. He has coached football and wrestling at Brookings and football at McCook Central.

A National Guard member for 17 years, Swartos was deployed as a truck driver in the first Iraq War. He currently plays trumpet in the National Guard Army Band based in Mitchell.

“I’ve always been interested in athletics and the arts,” Swartos said. “This is a way to serve students of the state in a little different capacity.”

As a school superintendent for nine years, Swartos said he has closely followed the actions of the SDHSAA and its board.

“I think they’ve been doing a very good job,” Swartos said. “It’s an association that handles things well.”

The South Dakota High School Activities Association directs and coordinates interscholastic activities for member high schools. This includes the scheduling of athletic events, organizing state tournaments and deciding questions about student eligibility.

With the association’s broad spectrum of duties, Swartos predicted his first goals would be to become familiar with its responsibilities, look over the budget, look at what’s working and what needs to be improved.

“I’m really excited about the opportunity,” Swartos said, characterizing his decision to leave McCook Central and Salem as “bittersweet.”

Swartos will replace executive director Wayne Carney who will retire at the end of the current school year.

Gregory County Man Pleads to Sexual Contact with a Minor and Distribution of Controlled Substance to a Minor

Attorney General Marty Jackley and Gregory County States Attorney Amy Bartling announced that Donald Kelvin Story, 51, Dallas, pled guilty to one count of distribution of a controlled substance to a minor, methamphetamine, class 2 felony, punishable by to 25 years in the state penitentiary and/or $50,000 fine and one count of sexual contact with a child under the age of 16, class 3 felony, punishable by up to 15 years in the state penitentiary and/or $30,000 fine.

Between Feb. 1, 2016 and May 6, 2016, Story engaged in sexual acts and provided methamphetamine to a minor in his place of residence located in Dallas, South Dakota.

This case was investigated by the Gregory County Sheriff’s Office and Division of Criminal Investigation and prosecuted by the Attorney General’s Office and the Gregory County States Attorney.