Attorney General’s Ballot Explanation on Maximum Finance Charge Upheld by South Dakota Supreme Court

Attorney General Marty Jackley announced March 31 that the South Dakota Supreme Court has upheld the Attorney General ballot explanation for Initiated Measure 21, which sets a limit of 36% as the maximum that certain money lenders are permitted to charge on loans. Erin Ageton, a member of the payday loan industry, brought a lawsuit challenging the ballot explanation written by the Attorney General. She claimed the explanation and should have stated that the purpose and effect of Initiated Measure 21 was to put payday lenders out of business. Circuit Court Judge Kathleen Trandahl rejected Ageton’s claims and the Supreme Court agreed with that ruling.

“Pursuant to South Dakota law, I have worked to provide a fair, clear, and simple summary of the proposed measure in order to assist our voters. I am pleased the Court has reaffirmed the fairness of my Attorney General Explanation,” said Jackley. In a unanimous decision, the Supreme Court held that Jackley’s ballot explanation complied with his statutory duties. The Court stated the language Ageton wanted in the ballot explanation was more appropriate for political dispute and advocacy. The Court upheld Jackley’s ballot explanation as written.

In April 2015, sponsors submitted the measure to the Attorney General’s Office so a ballot explanation could be prepared for inclusion on the initiative petition prior to its circulation. Under South Dakota law, the Attorney General is responsible for preparing explanations for proposed initiated measures, referred laws, and South Dakota constitutional amendments. The explanation is to be an objective, clear and simple summary of the purpose and effect of the proposed measure and a description of the legal consequences.

April is Child Abuse Prevention Month

Nationwide, April has been designated as Child Abuse Prevention Month. The South Dakota Department of Social Services (DSS) encourages all South Dakotans to work together to keep children safe and secure, and offer the support families need to stay together.

“It is the right of every child to feel safe and secure in their home,” said State Department of Social Services Secretary Lynne Valenti.

Individuals can be part of the prevention effort by:
· Learning about the signs of child abuse and neglect. Educate yourself and be prepared to recognize the signs. Learn more about the common signs of abuse and neglect at http://dss.sd.gov/childprotection/signs.aspx.
· Asking for help. As a caregiver, there are many resources available to provide support. Common Sense Parenting classes are held throughout the state and cover topics ranging from reducing family stress to enriching relationships with young children. For more information on this program, visit http://dss.sd.gov/childprotection/parentingprogram.aspx.
· Offering a helping hand to friends and neighbors. Let parents know you are available and willing to talk, or offer to give parents a rest by taking care of their children. Volunteer your time at local community programs providing support for families, such as after-school programs, athletic or church activities.
· Reporting suspected child abuse and neglect. If you have reason to believe a child is being abused or neglected, report it by calling 1-877-244-0864, or contacting your local law enforcement after-hours.
· Wearing a blue ribbon. Throughout the month, citizens are asked to wear blue ribbons or tie them to their vehicle antennas to spread the message of child-abuse prevention.

“DSS is committed to the families of South Dakota and providing resources when needed to help keep children safe and with their family,” said Secretary Valenti.

OPPORTUNITY FOR INPUT ON PUBLIC HUNTING AREA PURCHASES

PIERRE, S.D. – The South Dakota Game, Fish and Parks (GFP) is seeking input on the Division of Wildlife’s land acquisitions priorities and guidelines document through April 10, 2016.

“The purpose of this document is to help guide our agency, the Division of Wildlife and the GFP Commission in conducting land acquisitions over the next decade,” stated Paul Coughlin, GFP habitat program administrator. “While the current priorities and guidelines are based on a traditional approach, we are seeking input from hunters, anglers, and other land users to help shape future land acquisition priorities.”

Game Production Areas (GPA) and Water Access Areas (WAA) provide South Dakota residents and visitors with a myriad hunting and fishing opportunities, as well as places to enjoy wildlife and the beauty of the South Dakota landscape. GFP owns and manages 717 individual GPAs or WAAs across 57 counties in South Dakota, encompassing 282,475 acres dedicated to wildlife habitat, providing public hunting opportunities, and water access for fishing and boating.

Sutton Looking Forward to Final Senate Re-election Bid

billie sutton

Billie H. Sutton of Burke announces his campaign for re-election to the State Senate representing District 21. Legislative District 21 is composed of Tripp, Gregory, Charles Mix, and the Northwest portion of Bon Homme Counties. Sutton has served the past six years as Senator for District 26 and District 21.

Billie is the son of Bill and Renee Sutton from Burke, and he grew up on the Sutton family ranch 26 miles northeast of Burke. Sutton graduated from Burke High School in 2002 and was very active in sports during his high school years participating in football, wrestling, track, choir, band, as well as high school rodeo. Sutton attended the University of Wyoming on a rodeo scholarship, and he competed in both college and professional rodeo from 2002 to 2007. Sutton had a very successful rodeo career but it was cut short in October of 2007, after a horse flipped over in the chute at the Badlands Circuit Finals in Minot, North Dakota, breaking his back. Sutton has been very involved with his community: by substitute teaching, coaching middle school football, becoming an active member in the Burke Community Club, Burke Riding Club (President), and a member of the Lucas Baptist Church.

Sutton has a Business Finance degree from the University of Wyoming and currently works for First Fidelity Bank as an Investment Services Officer, as well as helping on the family ranch.

Sutton was elected to the State Senate in 2010 at the age of 26. Education and agriculture are two issues that are very important to him. Sutton is very passionate about education; he believes that we need to give every child the opportunity at the best education possible, and that means keeping our rural schools relevant and vibrant. He says that agriculture is important to him because, “without farmers and ranchers who raise livestock and crops, our state’s thriving economy and infrastructure would not exist.” Sutton served on the Appropriations Committee for his first four years in Pierre. The last two years he has served on Senate State Affairs, Commerce & Energy, and Local Government. Sutton has also served on several other task forces and interim committees including: State Tribal Relations, Legislative Planning Committee, Primary Care Task Force Oversight Committee, Blue Ribbon Task Force, SD Healthcare Solutions Coalition Work Group, and the Ag Land Assessment Task Force.

Sutton has both past and future ties to shaping the laws of South Dakota. His Grandfather Billie H. Sutton was in the legislature in the 1970’s and ran for Lieutenant Governor in 1978. Sutton is married to Kelsea Kenzy Sutton, who is a practicing attorney in Gregory, and they are expecting their first child this spring. When asked why he is running again Sutton stated, “I believe our state has made incredible strides in recent years as it relates to education, healthcare, and rural economic development in South Dakota. I want to continue to be a part of the progress that we have made together. I am excited for the opportunity to make South Dakota an even better place to live, work, and raise a family. I would be humbled to have the opportunity to be elected to my fourth and final term in the Senate. If we all work together and look at each issue using common sense rather than fighting over party lines, it is amazing what we can accomplish. If re-elected I will continue to work with all legislators regardless of party affiliation to get the job done.”

Billie can be contacted by email at billiehsutton@gmail.com or on his cell phone at (605) 830-5540.

Gov. Daugaard Signs Native American Student

PIERRE, S.D. – Gov. Dennis Daugaard signed three Native American education bills into law.

“We want all of our young people to achieve,” said Gov. Daugaard. “I’m hopeful these programs will provide more teachers in Indian Country and find the means to better achievement for our students there.”

The bills were the result of the Native American Student Achievement Council established by the Governor in 2015. The group was assembled to identify strategies for improving achievement and graduation rates among South Dakota’s Native American students.

The Native American student achievement measures include:

· SB 9 – An Act to make an appropriation to fund the Native American achievement schools grant program and paraprofessional tuition assistance scholarship program.

· SB 81 – An Act to create the paraprofessional tuition assistance scholarship program.

· SB 82 – An Act to establish the Native American achievement schools grant program.

SB 9 allocates $2.2 million to fund the programs created by SB 81 and SB 82.

The program established by SB 81 will provide tuition assistance for paraprofessionals to become fully-certified teachers. To be eligible for the program, a paraprofessional must be serving at a school with at least 50 percent Native American enrollment and the school must have below average state test scores.

Under SB 82, the Department of Education will award grants to three schools to start pilot programs aimed at improving academic outcomes for Native American students.

‘Infinite Variety’ Describes South Dakotans

Boe walking dog at Capitol 1965

What does a modest governor, mountain rescuers and 2,000-pound athletes have in common? All can be found in the pages of our newest issue of South Dakota Magazine.

Our Managing Editor John Andrews writes about Nils Boe, a former governor, federal judge and founder of Augustana University’s Boe Forum on Public Affairs. The story was difficult to research because Boe was a private man with few confidants. He has no surviving family members, was a bachelor and never married. Most of what we learned came from boxes of photos, papers, postcards and report cards archived at Augustana University’s fine Center for Western Studies.

Boe was noted for his quiet ways. When he was elderly and seriously ill, a close friend went to Arizona to help him pack and move to Sioux Falls, where he wanted to live his remaining days. While packing boxes, his friend met a neighbor who told him that Boe had lived next to him for two years before acknowledging that he was once South Dakota’s governor.

Boe died shortly after coming home in 1992 at the age of 79. He is remembered as a champion of education. In 1965, his first year as governor, he proposed a 50 percent increase in education funding. By the time he left office four years later, education funding had increased 90 percent over the previous biennium. Boe also left a legacy by instituting the Boe Forum on Public Affairs at Augustana University. His goal was to bring topics of worldwide concern to South Dakota. He established an endowment to make it happen, stipulating that he wanted the forum to be free. The first event was held in 1995 with General Colin Powell speaking on the Gulf War. Other speakers have included George H.W. Bush, Mikhail Gorbachev, Pervez Musharraf and Madeleine Albright.

The modest Norwegian governor’s commitment to South Dakota is equaled by volunteers of the Custer Search and Rescue Team who spend thousands of hours training and are on-call 24-7 should someone become lost or injured in the Hills. They’ve had to carry a 200-pound man with a broken ankle from the Cathedral Spires to an ambulance far below. That rescue took 18 people, rotating turns, to accomplish. On another occasion they received a call about a girl missing for four hours in the woods near her home. They found her within 7 minutes by using a trained border collie’s help.

Our March/April issue also features some of the world’s biggest and toughest athletes. “They weigh a ton, can twist and turn like a limber NFL running back and have more tricks than baseball’s best knuckleballers,” writes Bernie Hunhoff in our cover story about South Dakota’s famous bucking bulls. Rodeo now ranks above golf and tennis as a spectator sport, thanks in no small part to the big bulls who entertain the crowds. Some of America’s best and meanest live their off-seasons on a small cluster of ranches east of Pierre.

If you find the bulls interesting then wait until you meet the ranchers who raise them and love them like over-sized pets. When we say South Dakota truly is the land of infinite variety, we’re referring to the people, not the landscapes — and those four-legged champion athletes with horns and tails.

Katie Hunhoff is the editor and co-publisher 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 or email Katie at editor@southdakotamagazine.com.

Galbraith Scores 31 Points

111015-Galbraith

Dakota State University senior Sharee Galbraith of Winner recently recorded a career high 31 point performance on Feb. 24 against Mayville State University.

The Winner graduate had a 27 point performance on Feb. 6 against Presentation College.

Galbraith, a 6-1 center, averaged 13 points per game and ranks No. 2 in the NAIA in total blocks with 84, also ranking her No. 2 in blocks per game with 2.8.

Forgey Placed 5th at Nationals

Forgey

Dakota Wesleyan University’s Skylar Forgey of Colome earned an all-American finish in the 1,000 meter run on Saturday at the NAIA indoor national championships in Johnson City, Tenn.

Forgey placed fifth in the race with a time of 2 minutes, 58.57 seconds.

In the preliminaries of the 1,000 meter, Forgey finished third in her heat and fifth best for the day. Her time was 2:58.84 qualifying her for the finals.

Activities Association Foundation May Get Boost

By Dana Hess
For South Dakota Newspaper Association

PIERRE — The South Dakota High School Activities Association Foundation has a goal of raising a $5 million endowment to relieve some of the financial burden on member schools.

Stephanie Judson, executive director of the South Dakota Community Foundation, met with association board members Wednesday, talking about her organization’s role.

“We’re here as your philanthropic partner,” Judson said, explaining that the SDCF manages $230 million in endowed funds for a variety of organizations.

The activity association’s foundation currently has $141,000. When the fund grows to $5 million, Judson said a yearly payout of about $200,000 would be sent to member schools to help them pay for association expenses like catastrophic insurance and dues.

“The fund would be used, Judson said, “to remove the financial burden on members long-term.”

Association board president Jason Uttermark of Aberdeen said there’s an opportunity for a significant donation to the foundation. If the association were to raise ticket prices for state events by $1 to $7 for adults and $5 for students and earmark those extra dollars for the foundation, an anonymous donor is considering making a matching donation.

Uttermark said the new ticket prices would bring in an estimated $200,000 resulting in a $400,000 donation to the foundation.

While board members would expect to hear some opposition to higher ticket prices, Uttermark said of the possible donation, “That’s pretty tough to turn down.”

Board member Brian Maher of Sioux Falls said the first conversation he every had about the SDHSAA Foundation was “venomous.” Subsequent conversation have been more cordial, he said, as member schools have learned more about the foundation.

Maher said the board has to be sure to offer the message to member schools about the foundation and “what that means for kids and opportunities down the road.”

Uttermark agreed that the association needs to get better about explaining their vision for the foundation. “We have not done a very good job of communicating this,” Uttermark said.

South Dakota’s Official State Animal; No bull.

In 1949, the South Dakota Legislature designated the coyote as the state animal, despite a legislator who recommended the bull instead.

The word “coyote” has been traced back to Mexican Spanish, around 1759. Coyotes can be found in almost all the North American continent, from Alaska to Central America. The coyote has a long history in South Dakota.

In American Indian folklore, the coyote is often cast as a trickster and deceiver. “American Indian Myths and Legends” contains a story about a coyote from Jeremy Leading Cloud of the Rosebud Indian Reservation. The coyote took off the thick blanket he was wearing and put it on the rock, Iya, to keep the rock from freezing. Coyote soon grew cold and wanted the coat back, but Iya would not give it to him, saying, “What is given is given.” Iya became a big rock, crashing upon the coyote and flattening him. The story has a moral, and it is: Always be generous in heart. If you have something to give, give it forever.

Those in the Lewis and Clark Expedition referred to coyotes as “prairie wolves.” On Sept. 18, 1804, near the White River in what is now South Dakota, William Clark wrote, “I killed a Prairie Wolf, about the Size of a Gray fox, bushy tail, head and ears like a Wolf, Some fur, Burrows in the ground and barks like a Small Dog. What has been taken heretofore for a Fox was those Wolves …”

The name coyote has even been applied to the people of South Dakota. This originated in the fall of 1863, when a horse owned by members of Co. A. Dakota Cavalry beat a horse owned by a major in the 6th Iowa Cavalry in a race at Fort Randall. It was said the Dakota horse ran like a coyote, and its owners at once gave the horse that name, which almost immediately afterward was applied to the entire Dakota Company.

In 1924, a coyote standing on a wreath was approved for the crest of the South Dakota Army National Guard. The Guard’s training exercises are called the Golden Coyote. The South Dakota Air National Guard is nicknamed the “Lobos.” “Lobo” is Spanish for wolf. The wolf, coyote, fox and domestic dog are all members of the biological family Canidae.

The mascot of the University of South Dakota is Charlie Coyote. When the school’s first yearbook was published in 1902, the editors had already dubbed its athletic teams “the Coyotes.” A bronze statue of a coyote is located on the USD campus.

Among current South Dakota high school sports teams, coyotes are the mascots of Jones County and Waverly-South Shore high schools. Kimball High School uses the spelling Kiotes. The coyote has been called the most vocal of North American wild mammals. A coyote known for her singing skills was Tootsie. Fred Borsch, who owned a liquor store in Deadwood, was given a coyote pup in 1947. He named the pup Tootsie and taught her to howl as he sang. The two cut a record called “South Dakota Tootsie.” The duo often appeared in parades and events in Deadwood. On Aug. 6, 1949, Gov. George T. Mickelson declared Tootsie South Dakota’s Official Animal at the Days of ’76. At the height of their fame, Borsch and Tootsie took a 10-day tour that included a visit to the White House. Tootsie died in 1959, but she still lives on in Deadwood. A giant neon sign of a howling coyote is located on historic Main Street near the original location of Freddie’s Spot Liquor Store and a display about Tootsie can be seen at the Adams Museum.

Not all coyotes are as fortunate as Tootsie. Although honored as the state animal, a bounty has often been placed on coyotes’ heads. The coyote has been blamed for many dead calves or lambs on the prairie, and for missing dogs and cats. Efforts to reduce the coyote population in western states through poisoning, trapping and bounty hunting have not had much effect, as wildlife officials found that 70 percent of the entire population had to be killed every year to make a dent in the numbers. Coyotes have a biological mechanism that triggers larger litters whenever their numbers drop.

The coyote’s ability to adapt is one of its greatest skills. The coyote can change its breeding habits, diet and social dynamics to survive in a wide variety of habitats. That resilience is why the coyote was adopted as South Dakota’s official state animal. “The coyote has managed to get along in the face of civilization that is encroaching upon him,” State Sen. Alfred Roesler told his colleagues in 1949. “Again, you might say his spirit to survive is a lot like the citizens of South Dakota who have gone through adverse conditions.”