Category Archives: State

By Senator John Thune

For many South Dakotans, the presidential election probably dominated conversations with friends and family for much of the year. It’s no surprise, considering how historic the election was from beginning to end. And while that certainly makes 2016 a year for the history books, I’m sure there are many other reasons why South Dakotans will remember the last 12 months and be thankful for the opportunities that came their way. So before we flip the calendar from 2016 to 2017, I wanted to share just a handful of reasons why this year has been so special for me.

After my faith, my family means more to me than anything else in the world. Kimberley, my far better half, has been my rock for more than 30 years and continues to push me to be a better person both personally and professionally. Our daughters Brittany and Larissa never cease to amaze me, and I’m so proud of the lives they continue to build with their respective husbands Luke and Scott.

This year was a year of firsts for our family as Larissa and Scott welcomed their first child, Henley Joy Hargens, who also happened to be our first grandchild. I joke with Kimberley that it was easier for her than me to add “grand” to our titles of mother and father, but all joking aside, there is no way to fully describe in words the immense joy of seeing your baby girl holding a baby girl of her own. Next year will bring another first for our family as Brittany and Luke welcome their first child, too.

After becoming a grandfather, it’s hard not to think about my dad who is now a great grandfather to 20 amazing kids. While my dad will turn 97 years old this year, he’s a perfect example of age merely being a number. He and I spent a morning on the golf course earlier this summer, and although he’s more than 40 years my senior, he can still golf a better round than me. My dad still joins us every October for the pheasant opener, too. Roosters or not, he’s usually one of the happiest people in camp.

I’m also thankful for the people of South Dakota. It’s a humbling experience to be elected to the Senate and bring your voice to the halls of the U.S. Capitol. My staff, who work throughout South Dakota and in Washington, D.C., are easily the hardest-working group in the Senate. Like me, whether it is spring, summer, fall, or now during the holiday season, they are always ready to work hard for you.

2016 has been busy, but it has also been a fun, healthy, and happy year. Here’s to an even better 2017.

Usually, the only difference between animals in shelters and the ones curled up by our side is merely a stroke of bad luck. Many of us consider our animals as a member of the family unit, and rightly so. After all, it is a horrifying thought to picture the animals we love sitting alone in a shelter – so it is easy for us to simply not imagine it at all. They deserve better.

Swier Law Firm is putting down its legal books and asking you to join us in raising money to help the Sioux Falls Area Humane Society this holiday season. Let’s make sure our furry and feathery friends find a forever home. Join us in feeding some of the most innocent and unconditionally loving souls! The coming holiday season is the toughest time of the year for the Sioux Falls Area Humane Society because of freezing temperatures and holiday spending. Whether you want to give two dollars or two hundred, every single contribution matters.

Even if you don’t have an extra dollar or two, many of us have some blankets, pads of paper, or a junk drawer full of unused pens that are just waiting to be put to good use. Please take a moment and look at the wish list of bare necessities below to keep our furry and feathery friends warm, fed, and happy.

The initial motivation behind this holiday fundraiser at Swier Law Firm was the loss of some very loved four-legged family members this past year. We decided the best way to honor them was to help feed some of their less fortunate brothers and sisters. Whether you’re making memories or remembering them, we encourage all donations to include a photo, memory, or message to honor those animals that have enhanced the quality of our lives. Near or Far—You Can Help!

Stop in or mail your items to 2121 W 63rd Place Suite 200, Sioux Falls, SD 57108 between the hours of 8:00 a.m. and 5:00 p.m.on Monday through Friday. If you can only make it outside of those hours, please contact us and we will set something up with you personally. Or donate Funds at our GoFundMe page created specifically for this movement and we’ll use 100% of all donations towards the Wish List. Donations are accepted until January 13, 2017, at 5:00 p.m. and a final itemized list of all donations will be posted no later than January 20, 2017.

AAA Foundation study reveals the dangers of getting less than seven hours of sleep

Drivers who miss between one to two hours of the recommended seven hours of sleep in a 24-hour period nearly double their risk for a crash, according to new research from the AAA Foundation for Traffic Safety. The Centers for Disease Control and Prevention says that 35 percent of U.S. drivers sleep less than the recommended seven hours daily. And with drowsy driving involved in more than one in five fatal crashes on U.S. roadways each year, AAA warns drivers that getting less than seven hours of sleep may have deadly consequences.

“You cannot miss sleep and still expect to be able to safely function behind the wheel,” said Dr. David Yang, executive director for the AAA Foundation for Traffic Safety. “Our new research shows that a driver who has slept for less than five hours has a crash risk comparable to someone driving drunk.”

The AAA Foundation for Traffic Safety’s report, Acute Sleep Deprivation and Risk of Motor Vehicle Crash Involvement, reveals that drivers missing 2-3 hours of sleep in a 24-hour period more than quadrupled their risk of a crash compared to drivers getting the recommended seven hours of sleep. This is the same crash risk the National Highway Traffic Safety Administration associates with driving over the legal limit for alcohol.

The AAA Foundation report found that in a 24-hour period, crash risk for sleep-deprived drivers increased steadily when compared to drivers who slept the recommended seven hours or more:
· Six to seven hours of sleep: 1.3 times the crash risk
· Five to six hours of sleep: 1.9 times the crash risk
· Four to five hours of sleep: 4.3 times the crash risk
· Less than four hours of sleep: 11.5 times the crash risk

While 97 percent of drivers told the AAA Foundation they view drowsy driving as a completely unacceptable behavior that is a serious threat to their safety, nearly one in three admit that at least once in the past month they drove when they were so tired they had a hard time keeping their eyes open.

“Managing a healthy work-life balance can be difficult and far too often we sacrifice our sleep as a result,” said Jake Nelson, director of Traffic Safety Advocacy and Research for AAA. “Failing to maintain a healthy sleep schedule could mean putting yourself or others on the road at risk.”

Symptoms of drowsy driving can include having trouble keeping eyes open, drifting from lanes or not remembering the last few miles driven. However, more than half of drivers involved in fatigue-related crashes experienced no symptoms before falling asleep behind the wheel. AAA urges drivers to not rely on their bodies to provide warning signs of fatigue and should instead prioritize getting plenty of sleep (at least seven hours) in their daily schedules. For longer trips, drivers should also:
· Travel at times when normally awake
· Schedule a break every two hours or every 100 miles
· Avoid heavy foods
· Travel with an alert passenger and take turns driving
· Avoid medications that cause drowsiness or other impairment

The AAA Foundation report is based on the analysis of a representative sample of 7,234 drivers involved in 4,571 crashes. All data is from the NHTSA’s National Motor Vehicle Crash Causation Survey which comprised a representative sample of police-reported crashes that involved at least one vehicle that was towed from the scene and resulted in emergency medical services being dispatched to the scene.

Attorney General Marty Jackley announced the formation of a Marsy’s Law Task Force to work on the interpretation of the law and to address issues surrounding its implementation.

“As Attorney General I am working to implement the new rights for victims including preparation of the Marsy’s card and upgrading our state notification system. I have formed this task force made up of key members of the criminal justice system to further assist in providing guidance for the implementation of Marsy’s law,” said Jackley.

The Task Force will consist of representation from law enforcement, county officials, municipal officials, prosecuting attorneys, defense attorneys, judicial system, victim representatives and Marsy’s Law sponsors.

Marsy’s Law went into effect on November 16, 2016. With the passage of the law, constitutional requirements were required to be met including victim notification cards distributed to victims via law enforcement. The Marsy’s Card outlines all the victims’ rights and the process to invoke them. The Attorney General’s Office is in the process of distributing 100,000 copies of the card to law enforcement statewide.

The South Dakota Department of Transportation reminds the public and commercial snow removal operators that it is illegal to place or dump excess snow on highway right of way, which includes driving surfaces, shoulders and ditches.

“The recent snowstorm across South Dakota this past week has deposited a large amount of snow already this year and we are seeing an increase in violators,” said Greg Fuller, director of Operations. ”The space within the right of way needs to be reserved for future snow that may fall on the road. If the department’s plow operators do not have a place to put that snow, it severely hampers their ability to clear roadways.”

Violation of the anti-dumping law is a Class 1 misdemeanor, with a penalty of up to one year in jail, $2,000 in fines, or both. It is the policy of the SDDOT to remove snow that has been illegally piled within the highway right of way that may be a safety hazard. In addition, violators will be billed for the costs of removing illegally dumped snow.

“Piling snow in the state highway right of way can be very dangerous,” says Fuller. “Snow piles can restrict sight distance, as well as present an extreme hazard if a vehicle leaves the roadway. Snow piles that remain adjacent to the road may cause additional drifting and visibility problems posing more safety hazards to travelers, as well as additional expenses for manpower and equipment to remove the illegally dumped snow.”

Property owners and access users are reminded it is their responsibility to remove snow from the ends of driveways and around their own mailboxes.

The department asks landowners and commercial snow-removal operators to keep excess snow on private property or haul it to legal dumping sites.

AAA projects 43.5 million Americans will take a road trip this Thanksgiving – including 142,500 South Dakotans – and drivers will pay the second-cheapest Thanksgiving gas prices since 2008, when the national average was $1.85. Today’s national average price of $2.14 per gallon represents a savings of three cents per gallon versus one week ago and nine cents per gallon on the month. Significant yearly savings persist and pump prices are only five cents higher than compared to last year.

South Dakota’s pump price has dropped 6 cents since last week to stand today at $2.139, according to http://gasprices.aaa.com.

The South Dakota Game, Fish, and Parks (GFP) Commission voted to allow ice anglers to clean fish species, while on the ice, that do not have water-specific size restrictions.

Anglers fishing multiple days will also be able to keep a legally caught possession limit of fish while on the ice. Anglers would still have to adhere to the fish transportation rule that requires fish to be readily countable. These changes are effective Jan. 1, 2017.

A 28-foot tall Colorado blue spruce from Huron has been chosen to serve as the featured tree in the South Dakota State Capitol Christmas tree display.

“This tree was donated by Bob and Cheryl Krutzfeldt and has a unique tie to the state department of agriculture,” says Rachel Ormseth, urban forestry coordinator for the South Dakota Department of Agriculture’s Resource Conservation and Forestry Division. “In 1986, the tree was given to the Krutzfeldt’s daughter Linda by department forester John Hinners, who was giving an Arbor Day Presentation at Linda’s school. She planted the tree outside her window so she could see the tree every day. Now, that tree is inside our state capitol building as the featured tree in this year’s display.” (***Download Ormseth audio here.***)

The South Dakota State Capitol Christmas tree display will be open to the public from 8 a.m. to 10 p.m. daily from Nov. 23 through Dec. 26.

The Core Educational Cooperative became a reality on Thursday.

Core, which plans to run in place of Mid Central Educational Cooperative will focus on providing special education services to students enrolled in its 12 member school districts.

Districts involved in Core are: Colome, Armour, Burke, Corsica-Stickney, Gregory, Kimball, Plankinton, Platte-Geddes, Wessington Springs, White Lake and Wolsey-Wessington.

Core members decided the city of Platte will be the home of the newly formed cooperative. The building that will house the cooperative’s operations will be determined at a later meeting.

The South Dakota task force studying mental health and criminal justice today submitted a report with 15 recommendations for consideration by Gov. Dennis Daugaard and the Legislature. Expanding training and tools for law enforcement, standardizing mental health screenings in jails, and increasing opportunities to divert individuals with mental illness to treatment are among the task force’s recommendations.

Supreme Court Chief Justice David Gilbertson convened the 22-member Task Force on Community Justice and Mental Illness Early Intervention from March through October. With support from the Governor, the Chief Justice established the group to address delays in court-ordered mental health evaluations and shortfalls in treatment for mentally ill individuals within the justice system. The task force consisted of representatives from all three branches of government and local governments, criminal justice officials, and mental health stakeholder groups.

The task force’s work was funded through a $302,500 grant from The Leona M. and Harry B. Helmsley Charitable Trust. The Crime and Justice Institute at CRJ, which assisted the Governor and Chief Justice with recent adult and juvenile criminal justice reforms, provided technical assistance.

“I thank the Chief Justice and task force members for undertaking this work. Prior to this, we had not had a comprehensive review of the evaluation and treatment of individuals in the criminal justice system who struggle with mental illness,” said Gov. Daugaard. “I will take this report seriously and carefully review each of the recommendations.”

The task force met eight times to review state laws, requirements for mental illness evaluations, court and jail data, and input from more than 100 stakeholders statewide. The group surveyed 24 jails and found the majority of surveyed jails had no access to a staff or contracted psychiatrist and little to no access to other mental health staff.

“Through our research we learned that diversion options are limited to certain geographic areas and there is a lack of procedures for early identification of mental illness. We also found that people with signs of mental illness were more likely to be detained pretrial and to spend more time in detention,” Chief Justice Gilbertson said. “South Dakota can do better. The recommendations of the task force represent common sense approaches to move us in the right direction. That should not only reduce the time these individuals spend in the criminal justice system, it will save the taxpayers considerable tax dollars in the running of the jails.”

The task force’s list of recommendations includes:

– Expanding Crisis Intervention Team training;
– Establishing a grant program for counties and regions to set up crisis response options;
– Identifying mental illness through timely mental health screenings;
– Providing training to criminal justice stakeholders on options to de-escalate crises and divert people safely into treatment in the community;
– Piloting a mental health court in Pennington County; and
– Expediting completion of court-ordered competency evaluations.