Pure Pierre Politics

That’s the amount just reported by Rep. Deb Peters, R-Hartford, as the total generated by the annual House-Senate basketball game in donations for the South Dakota Kids Voting program. The House “won” under the … ahem… unusual rules involving money that are used for the game.

The South Dakota Senate just voted 29-5 to give final legislative approval to SB 102, which guarantees two more years to the Black Hills Playhouse to remain in Custer State Park. The legislation has been opposed by Gov. Mike Rounds, who wants to end the lease at the current location. The legislation now goes to Rounds for his decision. The large margins of victory in the House and the Senate suggest there currently is sufficient support to override a veto.

Moments ago the state Senate gave final legislative approval to a major change in South Dakota law regarding insurance payments to people who have suffered damages. Senators voted 20-15 for the legislation, SB 169, whose prime sponsor is Sen. Nancy Turbak Berry, D-Watertown. Senate Republican leader Dave Knudson of Sioux Falls tried to kill the bill but fell short on a 15-20 vote. Turbak Berry and Knudson are attorneys. The legislation essentially means the insured party must be fully compensated before the party’s insurance company can share in any payment being made by the other party who committed the wrongful act causing the damage. Where this comes into play, for example, is when a person is hurt as a result of someone else’s action and the injured person’s insurance company pays for part of the person’s medical costs and other expenses, then the person receives payment months or years later from the other side that was found to be at fault. As Turbak Berry explained, the purpose of the change is to prevent the insured person’s insurance company from cutting in line ahead of the injured person to get compensated for the money the insuror has already laid out. Specifically, SB 169 says: “No insurer under this chapter is entitled to participate in any recovery from any tortfeasor on account of bodily injury or death or damage to property unless and until its insured has first been made whole. The provisions of this Act do not apply to any workers’ compensation recovery.” The last sentence was added at the suggestion of Rep. Roger Hunt, R-Brandon, by the House of Representatives, and today’s Senate vote was whether to agree with that amendment.

The legislation originally failed 17-18 in the Senate, then through a switch in position by Sen. Julie Bartling, D-Burke, to a supporter, and the absence of Sen. Dennis Schmidt, R-Rapid City, who had been a supporter, the bill on reconsideration ended in a 17-17 tie vote. That allowed Lt. Gov. Dennis Daugaard to break the tie. He voted in favor of the bill’s passage and give the legislation a second life. The House of Representatives voted 39-28 in favor with the Hunt amendment Monday.

Schmidt’s position on the bill was ever-evolving. He voted yes the first time, when the bill failed in the Senate. Then he was excused when the bill came up on reconsideration. Today, he voted against Knudson’s motion to kill the bill. Then he voted against the bill on final passage. He was an original co-sponsor of the bill. Afterward he could be seen on the Senate floor bending over to speak softly to Turbak Berry at her desk.

Among the lobbyists working for the bill’s passage were former state Attorney General Roger Tellinghuisen of Spearfish and former state Rep. Mike DeMersseman, head of a prominent Rapid City law firm. The legislation was strongly opposed by insurance lobbyists. The victory for Turbak Berry was one of the most interesting and surprising of the 2010 legislative session and reflects her increasing influence in the Legislature on non-partisan matters. Three of the Legislature’s caucus leaders — Senate Democrat Scott Heidepriem of Watertown, House Republican Bob Faehn of Watertown and House Democrat Bernie Hunhoff of Yankton — were among her co-sponsors on the bill.

In terms of gubernatorial campaign politics, the legislation provided an interesting split among the candidates at the Capitol. Supporting the change were Heidepriem, the only Democrat running so far, and Daugaard, who’s seeking the Republican nomination in a five-way race. Both are attorneys. Opposing it were Knudson and Sen. Gordon Howie of Rapid City, two of the others competing for the Republican nomination.

The question now is whether Gov. Mike Rounds will sign SB 169 into law, let it become law without his signature, or veto it. He’s supporting Daugaard, but whether that means anything on this matter is unknown. Turbak Berry doesn’t have the votes in either chamber for the two-thirds majorities necessary to override a veto.

The legislative process can be dizzying and difficult to master, but South Dakota’s newest lawmaker is showing she’s more than up to the responsibilities. Gov. Mike Rounds appointed Rep. Kristen Conzet, R-Rapid City, a few months ago to fill a military-related vacancy in the House of Representatives. Conzet was prime sponsor of two pieces of legislation in her first session this year. Both passed. One, HB 1179, revises the time frames for procuring tax deeds. The second, HB 1180, allows counties to issue an additional on-sale liquor license for their fairgrounds.

When she was apponted, there was a flap because the governor’s office wasn’t forthcoming about a connection between them. She is a daughter of Karl and Eileen Fischer. They and the governor form the two halves of the Fischer Rounds insurance and real estate agency headquartered in Pierre. Based on Kristen’s performance in the 2010 session, she has proven to be a solid and capable choice.

State law currently says South Dakota motorists are supposed to get a new license-plate design in 2011. However, the state House of Representatives voted today to extend the use of South Dakota’s current license plate design through 2016 at the request of the Rounds administration.

House members rejected 37-32 an amendment by Rep. Shantel Krebs, R-Renner, suggesting the current plates be used to 2013. The legislation, SB 65, heads to Gov. Mike Rounds for his signature.

Rep. Larry Tidemann, R-Brookings, said county, city and township governments would receive some $4 million under the 2016 plan, while state prison industries would get $1 million as compensation for money already spent in preparing for a new 2011 issue. 

Krebs noted that the South Dakota Chamber of Commerce and Industry, and the South Dakota Automobile Dealers, opposed the delay until 2016. Krebs said the local governments would still get $2.6 million under the 2013 delay.

Rep. Jason Frerichs, D-Wilmot, opposed the Krebs amendment and supported the delay until 2016 instead. “We know our local governments are in dire need of help,” Frerichs said.

Rep. Nick Moser, R-Yankton, said 3M, the company which produces the reflective material for the plates, would benefit from Krebs’ amendment. “I think this issue is based around one company, and counties need this money,” Moser said.

The final vote was 52-17.

The state House of Representatives just voted 65-4 in favor of giving the Black Hills Playhouse board of directors another two years of lease so that money can be raised to make improvements necessary to meet state building codes. No one spoke against the bill, which is a rebuke to the governor’s attempt to end the lease for the property in Custer State Park. The Senate previously passed the legislation, SB 102, in a slightly different form 26-8. The measure now goes back to the Senate for a decision whether to agree with the House version. Of course, this is veto bait if and when it reaches the desk of Gov. Mike Rounds — and in turn it could become a direct challenge to the Legislature to override the veto on the final day of the 2010 session on March 29, which will also be the last day that Rounds is governor during a regular legislative session. The bill is backed by the House and Senate leadership from both political parties. The president of the Playhouse organization is Jerry Wheeler of Custer, who made many friends among legislators and lobbyists during his many years in Pierre working for the auto and trucking associations and for the South Dakota Retailers before his retirement a few years ago. The legislation was the last item handled by the House this morning before a two-hour break for lunch and caucuses. The House has a long and somewhat difficult calendar of legislation to handle this afternoon. All bills need to be out of the House and Senate by tomorrow (Wednesday), with the final three days of this week reserved for conference committees negotiating differences between House and Senate versions of bills, and of course that little item called the 2011 state budget.

Evidently a statewide preschool system is not what the Legislature, or at least the state House of Representatives, wants. House members refused once again Monday to even allow debate on the approach advocated by Sen. Tom Dempster, R-Sioux Falls, on behalf of the Rounds administration. The state Department of Social Services supported SB 191, as did the state Department of Education, the Associated School Boards of South Dakota, the South Dakota Education Association, the South Dakota Voices for Children advocacy organization, and the South Dakota Head Start Association. The legislation made it out of the Senate this year with barely a vote to spare, 19-14 (a minimum of 18 is required for passage), and without a cent in the legislation to pay for the plan. The House Education Committee put it to rest 9-6 last week. Nonetheless Rep. Shantel Krebs, R-Renner, worked to force the bill out of committee and down to the House floor for consideration. House members refused 41-27 Monday to put the bill on their debate calendar. For four straight years, House members have simply refused to consider any such plan.

The toughest opponents in the Legislature have consistenly been Republicans, even though the Republican governor made preschool a key component in his 2010E plan announced on Jan. 4, 2006. The governor’s news release that day stated:

The first major piece of the 2010E plan, called Starting Strong, provides for a continuum of services for South Dakota’s youngest learners. It lays the foundation for future academic success through initiatives such as access to preschool screening, coordinating preschool opportunities for all 4-year-olds, targeted training for teachers, and development of an assessment tool to measure student progress in the primary grades. 

“Any educator will tell you that the earlier students fall behind in school, the harder it is for them to catch up,” said Dr. Rick Melmer, secretary of the South Dakota Department of Education. “Starting Strong gives our youngsters the best start possible.”

One of the highlights of Starting Strong is the coordination of preschool services. “Under this plan, qualified 4-year-olds will have access to quality preschool,” Melmer said. The plan calls for a blended approach to preschool, featuring partnerships between local school districts, Head Start and private preschool providers. Any preschool - public or private - that meets accreditation requirements would be eligible to participate in the program.

The administration hasn’t backed away despite repeated defeats. But while it remained one of his goals, Gov. Mike Rounds never seemed to put his shoulder behind it to push it through. Time now has run out as the Legislature wraps up its 2010 session. Dempster and Rounds both are term-limited and won’t be back as senator and governor respectively in 2011. Here’s a key excerpt that still appears this morning on the administration’s 2010E web site:

Why are you proposing a state preschool program when we can’t even fund K-12 schools properly?
Preschool is a wise long-term investment for South Dakota. Children who participate in quality preschool programs are more likely to enter kindergarten with the knowledge they need to succeed. Children who struggle in the early grades may fall behind and never catch up to their peers.

Current research, including the landmark High/Scope Perry Preschool study, indicates that those who attend preschool have higher levels of educational attainment, have better attitudes towards schools and have higher earnings. The research points to social benefits as well, including a lower crime rate.

South Dakota is one of only 12 states in the nation not to offer a state-funded preschool program. While a state preschool program will cost money, it will be a wise, long-term investment. Furthermore, the 2010E plan calls for a blended approach to preschool, which means funding could come from various sources, including federal, state and local dollars, thereby leveraging resources.

What does a “blended” preschool look like?
Think of it like the National School Lunch program. All students get the exact same meal, but the students are not all paying the same price for that meal. An observer can’t tell which student is getting his meal free and which is paying full price.

How will private preschool providers fit into the picture?
Any preschool - public or private - would be eligible to seek accreditation under this plan, and any accredited preschool could be eligible to receive funding. Funding would run through the State Aid formula. Districts would be required to work with any accredited preschool - public or private - within its boundaries.

Under this plan, local school districts would work with their community to determine a preschool program that fits its needs. In one community, the district might operate a preschool on school grounds, using a combination of federal and state dollars. In another community, the district might employ a preschool teacher who is mobile and spends time teaching at all accredited preschools - including faith-based preschools - in that community. We anticipate that a variety of models will arise.

Here’s an email message received minutes ago:

Good morning everyone,

Last Thursday the Republican legislators issued their list of proposed budget cuts. Two of the proposed cuts would significantly affect the South Dakota State Historical Society:  

·   $1 Million cut to the Department of Tourism & Stave Development

·   2% across the board budget cut

While we do not know yet what specific services or staff would be impacted by this cut, we are asking that you please email or call members of the Appropriations Committee right away and let them know that you do not support these cuts.  These cuts are in addition to the Governor’s cuts of $30,374 plus one FTE.

Here’s a freshly-issued press release  to ponder from the folks in Deadwood, with support from our state’s Office of Tourism:

Deadwood Launches Blackjack Texting Promotion

Technology-based marketing effort on the cutting edge

DEADWOOD, S.D. – The game is blackjack. Starting today, mobile phone users can play the game via text messages and win prizes from the Deadwood Chamber & Visitors Bureau.

The blackjack text game is one component of a cooperative marketing program between Deadwood and the South Dakota Office of Tourism. The game will run through the year, with prizes awarded at least monthly. Prizes will range from Deadwood attire and gift certificates to weekend getaways in Deadwood.

“Not only does Deadwood have a long, colorful history, but we are also on the cutting edge of new technology and marketing efforts. Communication has come a long way since the days of Wild Bill, but we think even he’d be impressed with this campaign,” said George Milos, director of the Deadwood Chamber of Commerce. “You play blackjack for prizes, and your outcome will be far better than Wild Bill’s. This is truly a great way for us promote Deadwood and all this historic town has to offer.”

Players also will receive discount rates at Deadwood businesses, including casinos, restaurants and hotels.

For the past two years Deadwood has offered snow alerts via text messages for travelers interested in snowmobiling, skiing and other snow sports. However, the blackjack text game takes the interaction portion of the promotion to a new level.

“This promotion is an attractive option for our cooperative marketing effort with Deadwood because of the one-on-one interaction with an engaged audience of potential travelers,” said Melissa Bump, director of the South Dakota Office of Tourism. “Those that sign up to play the game will be interacting with Deadwood regularly, which means Deadwood will continually be at the top of their minds. And not only that, but to our knowledge, this is the first time anyone has utilized a blackjack game through text marketing, which makes this a very innovative promotion.”

The press release in its final paragraph notes that players must be 21 and at no time will they be playing with real money. The release also provides instructions on how to text to the site. (I have had to paraphrase that paragraph because the instructions caused a typographical glitch that produced either a big blank spot or the appearance of a hyperlink.)

The South Dakota State Historical Society Press recently added another title to its publishing list with Dammed Indians Revisited, an updated version of the original Dammed Indians work authored by federal historian Michael Lawson. The book is an authoritative look, from the perspective of the tribal people and tribal governments, of the politics that resulted in Congress authorizing and the U.S. Army Corps of Engineers constructing the system of six main-stem dams on the Missouri River, including the four dams in South Dakota. As the waters rise with the melt this late winter, we are reminded of the importance of the flood control provided by the dams. Look to Chapter 14 for his analysis of the cost-benefit ratio from the tribal perspective. Overall, Lawson’s original contention remains: Tribal people received a raw deal. His original disclaimer remains too: His purpose wasn’t to look at the impacts on non-tribal people. He concludes the Forward section of Revisited with this sentence: “It continues to be my hope that, by gaining a better understanding of the specific events in this episode, we might all learn something from those developments that turned out, unfortunately, to be enduring mistakes.” The Lawson book remains an essential reference work. As I have often told students and others, a rock can have many different appearances, depending upon the angle from which you’re viewing it. Dammed Indians Revisited is written from a specific angle that makes its core research no less invaluable.