Monthly Archives: August 2014

Don’t forget the State Fair

Without a lot of fanfare the South Dakota State Fair has made its way back to an enjoyable event. Twenty years ago it struggled. The 1994 re-re-re-election of Bill Janklow to his third term as governor helped the turnaround. The fair still struggled despite the efforts of Janklow, then-Secretary of Agriculture Larry Gabriel, then-Gov. Mike Rounds and then-manager Susan Hayward who began in 2003, but they put a new emphasis on improving the fairgrounds, rebuilding facilities, attracting donations and making the grounds a year-round destination for other events. Under Rounds and then-Secretary of Agriculture Bill Even, the next step came in 2008 with the appointment of Jerome Hertel as the fair’s manager. Hertel grew up across the street from the Turner County fairgrounds and worked there. Before taking the state job in Huron, he spent eight years at the Sioux Empire Fair in Sioux Falls. In the past six years there has been strong growth in fundraising for improvements. The latest example: An announcement is set for Sunday regarding Dakota Turkey Growers’ donation to the new Nordby 4-H exposition center. The 2014 State Fair runs through Monday.

I enjoyed three to four hours there Friday afternoon and evening. Standard price for fried cheese curds appears to be $6 and a “pounder” aka 16-ounce can of good cold American beer cost $4. I was fairly successful at ducking most of the politicians and had a couple of good social conversations; I learned that if your wife is with you, there isn’t much talk about “issues.” We somehow lucked into one of the best parking places and the fellow running the lot didn’t stick around to collect the $5. I looked for him when we parked and I looked again when we left. If I see him next time, I’ll pay him $10. It rained, hard, for a while, and we ducked under the porch at the Dakotaland Museum, and the time was truly relaxing. The museum rightly lays claim to Hubert H. Humphrey and Gladys Pyle as political figures from Huron. Someone really, really needs to do a strong biography about Gladys Pyle and her parents and their roles in changing South Dakota politics, including the drive to grant women the right to vote, and about how the Republican nomination for governor was taken from Pyle at the party’s state convention. But I digress… If you haven’t been to the State Fair this year, or for a few years, or ever, get there. It’s $5 to get in, and I have to tell you, the horticulture building has some amazing vegetables and flowers and fruits to see. We didn’t get to the pigs, unfortunately, and I lost the vote on touring the rabbits and chickens. The sheep looked good and the cattle too. Did I mention fried cheese curds are $6?

Redfield center’s leader is retiring

Dr. Ted Williams, who’s been in various roles at the South Dakota Development Center at Redfield since 1976, is winding up his career there. Williams officially retires Monday, Sept. 8, from his position as director. The assistant director for the past eight years, Jan Banghart, moves to director. Williams, who holds a doctorate degree in school psychology, has been director since 2001. A special day in Williams’ honor is planned for Friday, Sept. 5.

PUC dealing with Madison grain dealer

A grain dealer in Madison faces a financial penalty from the South Dakota Public Utilities Commission.

American Edge Grain, doing business as Madison Bin City, has reached agreement with PUC staff to pay a $1,600 civil fine. The company failed to renew its registration July 1 but subsequently operated as a grain dealer.

The PUC staff learned during the investigation that AEG was in a negative financial position in December 2013 but didn’t report it to the PUC. State regulation requires that those situations must be reported. The agreement proposed between PUC and AEG describes that failure as “not willful.”

The three elected PUC members will consider the proposed deal at their meeting Tuesday afternoon at the state Capitol. The meeting starts at 1:30 p.m. CDT in room 414.

High School Activities Association directors meet this week

It’s that time again! The board of directors for the South Dakota High School Activities Association meets Wednesday and Thursday in Pierre. To see the agenda for the regular business meeting and for the planning meeting, as well as the link for the live webcast while the meetings are under way, go here to the South Dakota High School Activities Association website. There isn’t any detail other than “Strategic Planning” on the agenda for the Wednesday session that starts at 10 a.m. CDT. But there is a lot of detail on the agenda for the regular business meeting Thursday that starts at 8:30 a.m. Scheduled for 10 a.m. Thursday is what promises to be an important presentation on the Lawrence & Schiller survey of attitudes about high school sports including preferences for tournament sites. The board has many other big decisions Thursday including setting football enrollment parameters, approving the SDHSAA Foundation’s new board, appointing members to the new tournament-site selection committee, considering constitutional changes for 2015-2016, setting ticket prices for wrestling and basketball state-level events, relocating the 2014 Class B volleyball state tournament to Aberdeen because of renovations under way at the Corn Palace in Mitchell and revisiting the broad topic of coaches’ education.

The directors are Todd Trask of Wall; Sandy Klatt of Brandon Valley; Rick Weber of Flandreau; Linda Whitney of Sanborn Central; Roger Bordeaux of Todd County; Jason Uttermark of Aberdeen; and Steve Morford of Spearfish.


Stuck in the middle

This is what happened to a truck that went around the barricade east of Howes on SD 34, according to South Dakota DOT. Here’s an excerpt from a DOT news release issued minutes ago:

Officials say motorists have been moving barricades and driving through the construction zone. Over the weekend, a semi-truck got stuck in the mud after heavy rains had moved through the area.

“The road is closed for a reason,” says Dean VanDeWiele, Pierre area engineer. “It is extremely dangerous to drive around barricades onto a closed road because even though it appears to have a drivable surface it is not in a condition to safely carry highway traffic. We understand the detour provided is an inconvenience, but is a matter of public safety to keep travelers out of the work zone.”

When motorists drive through an area that has been graded, the surface gets damaged and delays the repairs being made to the roadway.

“The contractor is working hard to get the roadway open as quickly as possible and we need the public’s cooperation,” says VanDeWiele.

Tampering with signs, barricades or other traffic control devices is in violation of SDCL 31-28-23, which is a Class 1 misdemeanor. In addition, motorists who drive around barricades are in violation of SDCL 32-28-10, a Class 2 misdemeanor.

The South Dakota Highway Patrol is monitoring the area and issuing tickets to motorists.

Same sex marriage and South Dakota

I am looking forward to the next meeting of the South Dakota Retirement System trustees set for Thursday, Sept. 4. The trustees will discuss their legislative package for the 2015 session, but perhaps the most interesting presentation will come from SDRS lawyer Jacque Storm. She will brief the board on the U.S. Supreme Court’s decision to overturn a section of  the federal Defense of Marriage Act in a 2013 decision known as Windsor. SDRS has members throughout the nation who at one time worked in a state, county, municipal, school or other job for a public entity that is a member of SDRS, while South Dakota’s state constitution defines marriage as between a man and a woman. The chapters of South Dakota legal code that deal with marriage can be found at 25-1 and 25-2 and they don’t seem to leave any room that marriage is anything other than between a she and a he. Whether SDRS has any policies or rules it would need to change to accommodate members in other states, and whether the Legislature would need to change the definitions to accommodate SDRS are two sets of questions we probably will be discussing in South Dakota in the months ahead.

The persistence of Rep. Wismer and the brilliant move by Sen. Tidemann

Yes, Rep. Susan Wismer can claim victory. But Sen. Larry Tidemann played it smart today. Wismer, the Democratic nominee for governor, was blocked July 29 by the Republicans on the Legislature’s Government Operations and Audit Committee when she made a motion to subpoena Joop Bollen of Aberdeen to testify about his role in the EB-5 immigrant-investor visa program in South Dakota. Tidemann, R-Brookings, is the committee chairman. He declared today that he’s inviting Bollen to testify at GOAC’s next meeting scheduled for Sept. 24. Republicans took some tough hits on editorial pages for their treatment of Wismer, so the Tidemann decision today takes some of the steam out of the Democrats’ complaints claiming an EB-5 cover-up by Republicans. If Bollen doesn’t show on Sept. 24, the GOAC members can decide how to proceed next. But here’s the smartest piece of Tidemann’s move. He’s essentially run an entire month off the calendar while South Dakota waits for Bollen to show or not. Why is the calendar important? That takes Republicans four weeks deeper into their election campaigns. if Bollen doesn’t meet with the committee, there are only six weeks left until the Nov. 4 elections. Wismer still wants Republican Gov. Dennis Daugaard, Republican U.S. Senate nominee and former Gov. Mike Rounds, and Aberdeen lawyer Jeff Sveen to testify to GOAC about their involvement and their knowledge regarding EB-5. Tidemann is sidestepping that challenge by saying he’ll ask Daugaard and Rounds to answer written questions. EB-5 was a Rounds administration program. Daugaard’s administration has shelved it in the wake of revelations that grant money was misdirected at the end of 2010 in the Richard Benda matter. The announcement today that Rapid City lawyer Pat Duffy would be assisting the Democratic candidates in their pursuit of more information about EB-5 shows this could be the main topic for Democrats in their campaigns this fall.

Is today the day for pheasant report? w/2:30-ish p.m. update

Based on the evident strategy of building up expectations through op-ed pieces, Twitter tweets, et cetera, and the traditional Friday release date in past years, today might be the day when the state Game, Fish and Parks Department issues its annual results of the pheasant brood-route surveys. This indicator is GFP’s forecast for the pheasant hunting season ahead. Here is the link to GFP’s report and related documents from 2013. Worth checking in the meantime is the 10-year trend report on that web page; it’s a neat area by area look at the numbers.

UPDATE: As of 2;37 p.m. CDT or thereabouts, nothing yet… We’ll keep watching for it. I guess that makes me a blocker today?

State justices rule on DUI blood draws w/ 2 updates

In two separate but complementary decisions released Thursday morning, the South Dakota Supreme Court set a bright line that drunk-driving arrest procedures must change. Citing the U.S. Supreme Court’s 2013 McNeely decision, law enforcement can’t continue to automatically conduct warrantless blood draws on motorists suspected of driving under the influence, the South Dakota justices unanimously said. They ruled in the case of Lloyd Edwards in Meade County that his blood draw was allowed because it happened on March 25, 2013, prior to the McNeely decision. They ruled in the case of Shauna Fierro in Butte County that the magistrate correctly suppressed the blood drawn involuntarily from her on August 4, 2013. Between them came McNeely. What is next needed is the process that law enforcement can legally use to obtain blood samples from DUI suspects who won’t willingly allow samples to be taken. Justice Lori Wilbur wrote both opinions for the court.

UPDATE: In the Fierro decision, the South Dakota justices said several times that drawing her blood without her consent and without a warrant was a violation of the Fourth Amendment to the U.S. Constitution and, specifically to the South Dakota Constitution, a violation of Article VI, Section 11. (§ 11. Search and seizure. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated, and no warrant shall issue but upon probable cause supported by affidavit, particularly describing the place to be searched and the person or thing to be seized.) The court noted that it wasn’t invalidating the state law but was ruling the blood sample wasn’t allowed. Justice Wilbur wrote in a footnote on page 17 of the decision: “Fierro’s blood sample was obtained as a result of a
constitutional violation.”

UPDATE 2: In both cases, the suspects verbally and physically resisted blood samples being taken. The court said Fierro told officers she wanted to refuse a blood test and consult with a lawyer. When they proceeded to try to draw blood, she pulled her arm away. The court said Edwards physically and verbally refused to provide a sample. Two officers placed Edwards in a restraint chair, a Taser was held to Edwards’ abdomen and he was told the Taser would be used if he continued to resist. The blood sample was obtained while he was in the restraint chair.