♪♪ >> THIS IS A PRODUCTION OF SOUTH DAKOTA PUBLIC BROADCASTING.

♪♪ ♪♪ >> GOOD EVENING AND WELCOME TO SOUTH DAKOTA FOCUS.

I'M JACKIE HENDRY, LIVE FROM THE LEO P. FLYNN GALLERY IN SDPB'S SIOUX FALLS STUDIO 371.

THAT'S HOW MANY BILLS AND RESOLUTIONS HAVE BEEN FILED IN THE SOUTH DAKOTA LEGISLATURE AS OF THIS MORNING.

AND EVERY ONE GETS A HEARING.

TONIGHT, WE'LL HEAR FROM THE CHAIR OF THE STATE TRIBAL RELATIONS COMMITTEE ABOUT THE CONTINUED WORK TO ADDRESS HIGH NUMBERS OF MISSING AND MURDERED INDIGENOUS PEOPLE.

SDPB REPORTERS DISCUSS WAGE INCREASES, BUILDING CAPACITY FOR NURSING PROGRAMS, AND IMPROVING WATER ACCESS IN CERTAIN PARTS OF THE STATE.

AND WE'LL LEARN MORE ABOUT TITLE IX, AND HOW FEDERAL CIVIL RIGHTS LAW MIGHT IMPACT EFFORTS TO BLOCK TRANSGENDER GIRLS FROM COMPETING IN GIRLS' SPORTS.

BUT FIRST, THE HOUSE SELECT COMMITTEE ON INVESTIGATION HAS BEGUN ITS WORK INVESTIGATING ATTORNEY GENERAL JASON RAVNSBORG'S CONDUCT FOLLOWING A FATAL CRASH IN 2020.

THE ATTORNEY GENERAL WAS DRIVING WHEN HE STRUCK KILLED HIGHMORE RESIDENT JOSEPH BOEVER.

RAVNBORG PLED NO-CONTEST TO TWO MISDEMEANORS.

I SPOKE WITH SDPB'S LEE STRUBINGER EARLIER FOR AN UPDATE ON THE PROCEEDINGS FROM PIERRE.

>> LEE, YOU'VE BEEN FOLLOWING THE HOUSE SELECT COMMITTEE IN THE INVESTIGATION OF THE FATAL CRASH THAT INVOLVED ATTORNEY GENERAL RAVNBORG.

WHAT'S YOUR TAKE-AWAY?

>> THIS IS OUR FIRST LOOK INTO THE INVESTIGATION FILES THAT WAS COMPILED BY THE SOUTH DAKOTA HIGHWAY PATROL.

FOLLOWING THAT FATAL CRASH, AND SO, YOU KNOW, LAWMAKERS ON HIS IMPEACHMENT INQUIRY REALLY DELVED INTO CERTAIN ASPECTS OF THIS CRASH, WITH KEY PEOPLE THAT PUT IT TOGETHER.

WE HAD SECRETARY OF THE DEPARTMENT OF PUBLIC SAFETY, CRAIG PRICE WAS THERE, AS WELL AS HIGHWAY PATROL OFFICIALS AND THE CRASH RECONSTRUCTIONIST WITH THE SOUTH DAKOTA HIGH PATROL, AS WELL AS AN EXPERT IN CRASH RECONSTRUCTION WHOSE NAME IS JOHN DAILY FROM JACKSON HOLE, WYOMING, WAS ALSO THERE TO TALK ABOUT THE CRASH RECONSTRUCTION THERE.

AND SO THAT'S THE FIRST KEY TAKE-AWAY.

THIS INVESTIGATION FILE IS QUITE LARGE AND HOUSE LAWMAKERS NATION DID TO -- HOUSE IMPEACHMENT INQUIRY OFFICIALS, THAT DIGS TO HOLDING THESE COMMITTEE MEETINGS LAST WEEK, THEY'RE ALSO GOING THROUGH AND REDACTING CERTAIN NONRELEVANT INFORMATION AS IT WAS CALLED TO EVENTUALLY RELEASE TO THE PUBLIC, THEY'LL LIKELY REDACT PHOTOS FROM THE CRASH SCENE AS WELL AS IDENTIFYING INFORMATION OF INDIVIDUALS THAT MIGHT BE IN THAT FILE.

SO THE INVESTIGATION FILE IS A LITTLE INTERESTING RIGHT NOW.

EARLIER THIS WEEK THE GOVERNOR HAS CALLED ON THAT FILE TO BE MADE PUBLIC AS QUICKLY AS POSSIBLE, SEVERAL MEDIA OUTLETS HAVE REACHED OUT TO HER OFFICE FOR THAT FILE.

I THINK SHE'S STILL LEAVING IT UP TO THE HOUSE FOR NOW BUT REALLY WANT THAT INVESTIGATION FILE RELEASED AS SOON AS POSSIBLE.

MY SECOND KEY TAKE-AWAY IS IT LOOKS AS THOUGH -- IT APPEARS AS THOUGH THERE ARE SOME SITTING ON THE COMMITTEE WHO ARE CONCERNED ABOUT THE INVESTIGATION AND HOW IT WAS CONDUCTED.

I THINK THERE'S CONCERN ABOUT WHETHER IT WAS POLITICALLY DRIVEN.

THE GOVERNOR HAS CALLED ON ATTORNEY GENERAL RAVENS BURRING TO RESIGN AND THE DEPARTMENT OFY PATROL FALL UNDER THE GOVERNOR'S -- FALL UNDER THE EXECUTIVE BRANCH.

THERE ARE OTHERS ON THE COMMITTEE THAT DO NOT THINK THIS WAS POLITICALLY DRIVEN AND IF YOU LOOK AT THE RESPONSES BY THE PEOPLE WHO WERE SUBPOENAED IN FRONT OF THE HOUSE IMPEACHMENT INQUIRY, A LOT OF THEIR ANSWERS WERE THE SAME IN HOW THEY WERE PRESENTING TO THE INQUIRY AND EACH INDIVIDUAL WAS SEQUESTERED BEFORE THEY WERE BROUGHT BEFORE THE COMMITTEE SO THERE IS A LOT OF CONSISTENCY IN THE DEPARTMENT OF PUBLIC SAFETY'S PRESENTATION AS WELL AS THE HIGHWAY PATROL, AND SO IT WILL BE INTERESTING TO SEE SORT OF WHERE THINGS KIND OF GO FROM HERE.

NOTHING IS REALLY SCHEDULED YET AND SO IT ALL KIND OF REMAINS UP IN THE AIR AS TO WHAT THOSE NEXT STEPS ARE WITH THE IMPEACHMENT COMMITTEE.

>> AND CONTINUING COVERAGE FROM SDPB'S POLITICAL REPORTER, LEE STRUBINGER.

THANKS FOR JOINING US.

THE HOUSE SELECT COMMITTEE IS EXPECTED TO MEET AGAIN EARLY NEXT WEEK.

YOU CAN FOLLOW LEE'S REPORTING ONLINE AT SDPB.ORG/NEWS.

SOUTH DAKOTA LAWMAKERS ARE PART OF A NATION-WIDE EFFORT TO BLOCK TRANSGENDER GIRLS AND WOMEN FROM COMPETING ON GIRLS AND WOMEN'S SPORTS TEAMS.

NINE STATES HAVE PASSED SIMILAR LAWS.

THOSE FOR AND AGAINST THE PROPOSAL SAY THE SAME FEDERAL STATUTE SUPPORTS THEIR POSITION.

TONIGHT, WE LOOK AT THE FEDERAL CIVIL RIGHTS LAW AT THE CENTER OF THIS DEBATE TO FIND OUT WHAT HAS AND HAS NOT BEEN DECIDED.

AND MUCH OF THAT HINGES ON THE INTERPRETATION OF TITLE IX.

>> CONGRESS PASSED TITLE IX ALMOST 50 YEARS AGO.

IT PROTECT PEOPLE FROM DISCRIMINATION IN ANY FEDERALLY FUNDED SCHOOL-BASED PROGRAM ON THE BASIS OF THEIR SEX.

WHEN IT COMES TO THE QUESTION OF TRANS WOMEN ATHLETES AND THEIR RIGHT TO COMPETE, THE PHRASE "ON THE BASIS OF SEX" IS CRITICAL.

THE AUTHORS OF SENATE BILL 46 INCLUDE THEIR INTENTION AS PART OF THE BILL'S TITLE TITLE, AN ACT TO PROTECT FAIRNESS IN WOMEN'S SPORTS.

IT WOULD REQUIRE THAT ONLY FEMALE STUDENTS BASED ON THEIR BIOLOGICAL SEX CAN COMPETE FOR A GIRLS' OR WOMEN'S TEAM.

THE BILL DEFINES BIOLOGICAL SEX AS THE DESIGNATION ON THEIR BIRTH CERTIFICATE.

PARLIAMENTARY GOVERNOR NOEM'S SENIOR POLICY ADVISOR RACHEL AGO ELSE BEE INTRODUCED THE BILL IN THE STATE AND SHE TOLD LAUX THE STATE PROPOSAL PROTECTS CONTINUED EQUAL OPPORTUNITIES FOR THE GIRL AND WOMEN.

JUST LIKE TITLED IX.

HIM THAT'S WHY CONGRESS PASSED TITLE IX IN THE FIRST PLACE, IT WAS DESIGNED TO STOP DISCRIMINATION AND CREATE EQUAL ATHLETIC OPPORTUNITIES FOR WOMEN, GUARANTEEING THAT THEY HAVE A LEVEL PLAYING FIELD WHERE THEY CAN SUCCEED.

THEY CAN WIN HIGH SCHOOL CHAMPIONSHIPS, EARN COLLEGE SCHOLARSHIPS, MAYBE EACH GO ON TO PLAY PROFESSIONAL SPORTS.

TITLE IX DOESN'T GUARANTEE THEM SUCCESS BUT IT GUARANTEES THEM AN OPPORTUNITY TO TRY.

>> BUT THE BILL'S OPPONENTS SAY EXISTING LAW ALREADY PROTECTS TRANS ATHLETES.

DAN SWARTOS IS THE EXECUTIVE DIRECTOR OF THE SOUTH DAKOTA HIGH SCHOOL ACTIVITIES ASSOCIATION.

HE SAYS THEIR EXISTING POLICY ADDRESSES TRANSGENDER ATHLETES ON A CASE-BY-CASE BASIS.

>> OUR POLICY FOLLOWS THE CURRENT OFFICE OF CIVIL RIGHTS AND DEPARTMENT OF JUSTICE GUIDANCE, WHICH IS THAT TRANSGENDER STATUS IS PROTECTED UNDER TITLE IX, SO PASSAGE OF THIS BILL WOULD PUT US IN THE POSITION OF EITHER VIOLATING FEDERAL LAW OR VIOLATING STATE LAW.

THAT CONFLICT WEACHT LOST ON THE COMMITTEE MEMBERS.

ASSISTANT SENATE MA ORLEADER MIKE DIEDRICH POSED THIS QUESTION TO THE GOVERNOR'S GENERAL COUNSEL AND CHIEF OF STAFF.

>> THIS COMMITTEE HAS HEARD THAT TITLE R.T. BASICALLY REQUIRES THE STATE TO DO THIS, TO PROTECT WOMEN IN SPORTS.

WE ALSO HEARD THAT TITLE R.T.

PROHIBITS US FROM DOING THAT UNDER THE EXISTING TITLE IX AND SO IT'S KIND OF COP FUSING AS TO WHICH WAY THAT GOES.

CAN YOU, IN A SHORT WAY, CLARIFY?

>> WHEN WE LOOK AT THE SUPREME COURT AND LOOK AT HOW IT'S INTERPRETED THE LAW AND READ JUSTICE GORSICH'S OPINION IN THAT CASE, WE CAN PREDICT THAT THE COURT WHEN IT ADDRESSES THIS ISSUE WILL SAY THAT ENTIRELY TITLE IX NEEDS TO BE UPHELD.

>> THE GOVERNOR'S CHIEF OF STAFF, MARK MILLER, SAYS UPHOLDING THE FEDERAL LAW WOULD ENSURE A FAIR PLAYING FIELD IN GIRLS' AND WOMEN' SPORTS.

HIS PREDICTION IS PARTLY BASED ON HOW THE U.S. SUPREME COURT MIGHT DEFINE SEX IN THE CON TEGHTS OF IX.

MIKE THOMPSON IS AN ASSOCIATE JUSTICE AT THE UNIVERSITY OF SIOUX FALLS.

HE SAYS A SUPREME COURT RULING ON ANOTHER PART OF CIVIL RIGHTS LAW COULD NOIR SHADOW FUTURE DECISIONS.

>> SUPREME COURT HAD TO DECIDE WHETHER IT SEX INCLUDED GENDER ORIENTATION AND SEXUAL ORIENTATION AND THEY SAID IT DID.

SO IN THAT CONTEXT, THE WORD SEX HAS BEEN INTERPRETED BY THE SUPREME COURT TO INCLUDE GENDER ORIENTATION DISCRIMINATION.

SO SEX INCLUDES GENDER ORIENTATION IN THE WORLD OF TITLE VII, WHICH IS A DIFFERENT FEDERAL STATUTE.

TITLE VII AND TITLE IX WORK TOGETHER AND APPLY OFTENTIMES TO THE SAME SET OF FACTS.

BUT THE SUPREME COURT HAS NOT SAID, HAS NOT INTERPRETED THE WORD SEX IN TITLE IX THE SAME WAY, YET, THE SAME WAY IT HAS IN TITLE VII.

>> BUT IN JUNE, THE BIDEN ADMINISTRATION SAID THE OFFICE OF CIVIL RIGHTS WOULD APPLY THE EARLIER RULING TO THE DEPARTMENT OF EDUCATION'S INTERPRETATION OF THE TITLE R.T. THAT MEANS THE CURRENT FEDERAL POLICY PROTECTS TRANSGENDER STUDENTS.

LAST FALL, SOUTH DAKOTA JOINED 19 OTHER STATES IN A LAWSUIT AGAINST THE BIDEN ADMINISTRATION.

THE CHALLENGE CLAIMS ITS INTERPRETATION OF THE CASE IS OVERLY BROAD.

THAT CASE HASN'T BEEN DECIDED.

SO BASED ON WHAT LEGAL DECISIONS HAVE BEEN MADE THUS FAR, DO WE HAVE A SENSE YET OF SENATE BILL 46 IF IT WERE TO BE SIGNED INTO LAW, DO WE HAVE A SENSE OF HOW WELL IT WOULD FARE IN A COURT COMPLAINT?

>> WELL, BASED ON THE -- BASED ON THE LEGAL PRINCIPLES THAT ARE ALIVE RIGHT NOW, IT MIGHT HAVE A TOUGH GO.

ALTHOUGH OTHER STATES HAVE PASSED SIMILAR LEGISLATION, THE DEPARTMENT OF EDUCATION IS SIMPLY CHOOSING NOT TO ENFORCE.

>> SOUTH DAKOTA'S BILL ENSURES THE STATE WILL DEFEND AGAINST ANY COURT CHALLENGES.

THE LIKELIHOOD OF A LAWSUIT WAS A KEY THEME AS THE SENATE DEBATED THE BILL.

REPUBLICAN SENATOR TIMOTHY JOHNS, WHO'S AN ATTORNEY, SAYS A TRANSGENDER STUDENT'S PARTICIPATION IN SPORTS SHOULD NOT BE DECIDED BASED ONLY ON THEIR BIRTH CERTIFICATE.

>> IF PASSED, THIS LAW WILL BE CHALLENGED IN FEDERAL COURT WHICH MOST LIKELY WILL ENJOIN ENFORCEMENT.

WHICH MEANS IT WILL NEVER GO INTO EFFECT.

THE PEOPLE YOU WANT TO BENEFIT MOST WILL NEVER RECEIVE THE BENEFIT.

THE STATE OF COURSE WILL THEN APPEAL, WHICH MEANS LEGAL FEES.

>> AND DEMOCRATIC SENATOR, RECOMMEND NESIBA ARGUES THE BILL ISN'T NEEDED IN SOUTH DAKOTA AT ALL.

>> WE HAVE 150,000 KIDS IN K-12 EDUCATION.

WE HAVE ABOUT 40,000 OF THEM PLAY HIGH SCHOOL SPORTS EVERY YEAR.

WE'VE HAD ONE TRANSGENDER FEMALE ATHLETE IN EIGHT YEARS.

>> SENATORIALLY SCHOENBECK SPOKE IN FAVOR OF THE BILL, HE SAYS THE ULTIMATE BLAME FALLS ON THE GO NATIONAL COLLEGIATE ATHLETIC ASSOCIATION.

>> YOU CAN SAY THAT'S NOT A SOUTH DAKOTA PROBLEM BUT OUR ATHLETES PARTICIPATE IN THE NCAA.

, OUR STUDENTS AT SDSU AND USD ARE PART OF DIGS I NCAA ATHLETICS.

THESE ARE THEIR RECORDS THAT ARE BEING CHALLENGED.

>> IT'S REFERRING TO A COLLEGIATE SWIM WRITER WHO'S WON SEVERAL REPRESENT EVENT AND BROKEN SCHOOL RECORDS.

SHE'S A TRANSGENDER WOMAN AND WAS ACTUALLY ELIGIBLE TO COMPETE UNDER THE NCAA'S PREVIOUS POLICY.

BUT THE GOVERNING BODY FOR COLLEGE SPORTS ANNOUNCED A NEW POLICY LAST WEEK.

IT TAKES A SPORT BY SPORT APPROACH.

THAT LEAVES TRANSGENDER AT LAST' PARTICIPATION UP TO THE NATIONAL GOVERNING BODY OF INDIVIDUAL SPORTS.

THE NCAA ALSO CALLS FOR TRANS ATHLETES TO DOCUMENT THEIR TESTOSTERONE LEVELS.

THE IMPACT OF THIS CHANGE IS STILL PLAYING OUT.

THE NEW POLICY WAS ANNOUNCED THE SAME DAY THE SOUTH DAKOTA STATE SENATE DEBATED SENATE BILL 46.

THE BILL ULTIMATELY PASSED THE SENATE WITH A VOTE OF 26-7.

>> SENATE BILL 46 PASSED ITS HOUSE COMMITTEE EARLIER THIS WEEK.

THIS AFTERNOON, REPRESENTATIVE RHONDA MILSTEAD PROPOSED AN AMENDMENT ON THE HOUSE FLOOR, AND A PROCEDURAL MOVE ALLOWS LAWMAKERS AN EXTRA DAY TO CONSIDER THE CHANGE.

LAWMAKERS WILL RECONSIDER THE AMENDMENT ON TUESDAY.

IN RECENT YEARS, INDIGENOUS LAWMAKERS IN PIERRE HAVE BROUGHT LEGISLATION TO INVESTIGATE THE HIGH RATES OF MISSING AND MURDERED INDIGENOUS PEOPLE IN THE STATE.

TONIGHT WE WELCOME THE NEW CHAIR OF THE STATE TRIBAL RELATIONS COMMITTEE FOR WHAT'S NEXT IN THIS EFFORT.

REPRESENTATIVE TAMARA ST. JOHN IS A REPUBLICAN FROM DISTRICT 1 AND AN ENROLLED MEMBER OF THE SISSETON WAHPETON OYATE.

REPRESENTATIVE ST. JOHN, THANK YOU FOR JOINING US TONIGHT.

.

>> THANK YOU.

VERY NICE TO BE HERE.

>> SO I WANT TO START WITH I BELIEVE IT WAS LAST YEAR, LAWMAKERS PASSED A BILL TO CREATE BASICALLY A LIAISON POSITION TO INVESTIGATE SPECIFICALLY THESE CASES.

WHAT'S HAPPENED SINCE THAT LAW HAS GONE INTO EFFECT?

>> I WOULD LIKE TO GO A LITTLE BIT FURTHER BACK.

IN THE FIRST YEAR IN LEGISLATURE, WE PASSED A BILL CALLED SENATE BILL 164, IT WAS BROUGHT BY LINDY SAN TO AND THAT WAS TO ESTABLISH PROTOCOLS, POLICIES AND TO HELP TO BEGIN THE DATABASE BECAUSE ONE OF THE THINGS, AND I HOPE THAT THIS LIAISON POSITION WILL BE A PART OF IT, ONE OF THE THINGS IS THAT WE DON'T REALLY KNOW, WE DON'T KNOW WHAT THE NUMBERS ARE.

IN THE YEAR THAT 164 PASSED, I REMEMBER A REPORTER CAME OUT AND HE HAD ASKED ME HOW MUCH DOES THIS HAPPEN, ARE YOU AWARE OF ANY AND I THOUGHT ABOUT IT AS A HISTORIAN AND AUTOMATICALLY SAID, YOU KNOW, I COME FROM A COMMUNITY WHERE A WOMAN CAN BE KILLED ON THE HIGHWAY AND NOTHING HAPPENS.

THERE ARE THOSE UNSOLVED MURDERS AND THEY DON'T GET TAKEN CARE OF SO THAT BEGAN THE EFFORT WITH MISSING MURDERED INDIGENOUS PERSONS.

AND SO LAST YEAR, THE GOAL OF THAT PARTICULAR BILL, 1199 BY REPRESENTATIVE POIRER, WAS TO CREATE A LIAISON POSITION.

SOMEBODY I'VE LONG HELD THAT THERE NEEDS TO BE COMMUNICATION ON ALL LEVELS BETWEEN TRIBAL, STATE, FEDERAL.

OFTEN THOSE THINGS CAN BE SO CONFUSING AND DIFFICULT, IN FACT, I HAD A CONVERSATION EARLIER ABOUT AFTER 164 HAD GONE LIVE THAT SUMMER, THERE WAS A GIRL THAT WAS FOUND IN THE RIVER IN PIERRE, IN THAT AREA, AND SHE WASN'T ON THE MISSING PERSONS REGISTER.

HOW DOES THAT HAPPEN?

AND SO WITHOUT GETTING INTO ALL THE DETAILS OF IT, WE KNOW THAT THERE ARE GAPS BETWEEN AND SO HOW DO WE ESTABLISH THESE THINGS?

IT'S REALLY AT THE CORE OF, I THINK, REALLY FINDING THE SOLUTION TO SOME OF IT.

AND SO THIS LIAISON PERSON WILL BEGIN THE RELATIONSHIP-BUILDING BETWEEN THE TRIBES AND THE STATE, LAW ENFORCEMENT, AND AS WELL AS FEDERAL AND START TO COLLECT THAT DATA AND THE BILL THAT WE ARE BRINGING OR THAT WAS INTR INTRODUCED BY MISS ALOG WITH SENATOR FOSTER IS TO FUND THAT PARTICULAR BILL.

LAST YEAR WITH THE SYSTEM, AND TESTIMONY IT WAS STATED THAT THE TRIBES THAT TESTIFIED, THAT THEY WOULD SUPPORT AND FIND FEDERAL FUNDING, AND SO I HAD RECEIVED A CALL FROM THE A.G. WHERE ARE WE AT ON IT, AND IT JUST DIDN'T SEEM TO BE HAPPENING.

AND SO THE GOAL BECAME TO TRY TO FIND FUNDING.

I THINK IT WAS CLEAR, IT WAS A LITTLE BIT LIKE CART BEFORE THE HORSE AND IT WAS CLEAR THAT THIS PERSON IDEALLY, THE LIAISON PERSON WILL HELP TO FIND THAT FUNDING, AND WHETHER IT BE FEDERAL FUNDING OR HOWEVER.

SO NOW WE ARE LOOKING AT THE POSSIBILITY OF FUNDING THIS POSITION IN THE A.G.'S OFFICE.

>> YEAH.

JUST BEFORE WE WENT LIVE, I LOOKED ON THE MISSING PERSONS CLEARING HOUSE WEBSITE.

OUT OF 133 PEOPLE CURRENTLY LISTED MISSING ON THAT WEBSITE, 72 ARE LISTED AS INDIGENOUS, WHICH IS MORE THAN HALF.

AND AS YOU SAY, THOSE ARE JUST THE REPORTED CASES.

>> RIGHT.

>> WHERE DO YOU SEE THE BREAKDOWN IN COMMUNICATION HAPPENING?

>> WELL, I THINK SINCE 164, PEOPLE MUCH REACHED OUT T ME ^ ^, DIFFERENT TRIBES, AND I OFTEN FIND THAT IT'S VERY CONFUSING.

THEY DON'T KNOW WHO THEY'RE SUPPOSED TO CALL.

SOME OF THE THINGS THAT WE ARE LOOKING AT ARE, FOR EXAMPLE, WHO CAN REPORT, WHO CAN REPORT.

IN THE INSTANCE OF THE DEATH THAT I MENTIONED, SHE REALLY DIDN'T HAVE SOMEBODY THAT WAS ABLE TO REPORT HER MISSING BUT WHAT SHE DID HAVE WAS A FRIEND AND A FRIEND THAT WAS VERY ADAMANT BUT, YOU KNOW, IS THAT PERSON THE PERSON THAT WOULD BE REPORTING?

THE OTHER PART OF IT IS HOW LONG DO WE WAIT?

AND I DO BELIEVE THAT TRIBES THEMSELVES NEED TO HAVE TRIBAL LEGISLATION, TRIBAL CODES AND PROGRAMS THAT ADDRESS THE PROCESSES AND PROTOCOLS, TOO.

HOW LONG DO YOU WAIT IF SOMEBODY GOES MISSING?

MYSELF, I FEEL LIKE, YOU KNOW, AS A SOVEREIGN NATION, YOU KNOW YOUR COMMUNITY, IF A GRANDMOTHER SAYS, YOU KNOW, MY GRANDDAUGHTER IS MISSING AND I KNOW SOMETHING'S WRONG, THEN WHY WAIT AT ALL?

SO SOME OF THOSE THINGS I THINK CAN BE VERY CONFUSING, WHO DO YOU CONTACT AND WHAT IS THAT PARTICULAR PROCESS?

SO TO HAVE SORT OF THE CHECKS AND LISTING OF WHAT A PERSON NEED TO DO WHEN SOMETHING HAPPENS, THERE ARE A LOT OF DIFFERENT FACTORS TO IT AND I MAINTAIN I'M NOT THE EXPERT.

WE HAVE WOMEN AND MEN THAT WORK IN THIS AREA.

THEY'RE VERY MUCH BOOTS ON THE GROUND AND THEY'RE WILLING TO HELP.

AND IDEALLY CAN COME TO THE TRIBAL RELATIONS COMMITTEE MEETING WHEN WE NEED THEM TO AND HELP TO ADDRESS THIS.

>> WHAT'S THE BEST WAY FOR THOSE EXPERTS FOR THE PEOPLE INVESTED IN THIS TO REACH OUT TO THE COMMITTEE OR BE INVOLVED?

>> WELL, YOU KNOW, WE HAVE -- THIS IS MY FIRST YEAR AS COCHAIR.

I AM CO-CHAIR ON THE HOUSE SIDE AND SENATOR HEINERT NOW ON THE SENATE SIDE BUT I'VE BEEN WORKING CLOSELY WITH SENATOR FOSTER AND WE ARE LOOKING AT THE RETURN TO HOW THE ORIGINS OF WHAT THE TRIBAL RELATIONS COMMITTEE WAS, AND IT WAS BUILT TO BE THIS SPACE TO STUDY WHAT'S HAPPENING BETWEEN THE TRIBAL NATIONS AND THE STATE AND HAVE THOSE SORT OF INFORMATIONAL, EDUCATIONAL-TYPE MEETINGS AND DISCUSS THESE THINGS IN-DEPTH.

AND IT SHOWS IN SOME OF THE THINGS THAT WE'VE JUST RECENTLY ADDRESSED, THINGS LIKE TOURISM, THINGS LIKE THE EDUCATION STANDARDS, THE CODE TALKER MONUMENT, ALL OF THOSE THINGS, AND THEN THIS ONE.

THIS ONE IS VERY IMPORTANT AND NEEDING A SOLUTION.

SO THROUGH MYSELF OR JUST LIKE YOU WOULD ANY OTHER LEGISLATOR, WE'RE VERY PUBLIC, YOU CAN FIND OUR CONTACT INFORMATION, BUT I THINK IT'S ALSO US REACHING OUT TO THEM, TOO.

>> CORRECT ME IF I'M WRONG BUT THE STATE TRIBAL RELATIONS COMMITTEE IS A STANDING COMMITTEE THAT MEETS EVEN OUTSIDE OF THE LEGISLATIVE SESSION, SO -- >> RIGHT.

>> -- NOT LIMITED ONLY TO THESE 40 DAYS.

>> IT IS A REALLY UNIQUE COMMITTEE, THOUGH, IT WAS ESTABLISHED UNDER GOVERNOR MICKELSON DURING, YOU KNOW, HIS ERA OF RECONCILIATION.

WE SAW SO MANY AMAZING THINGS HAPPEN THAT BEGAN THERE AND IT IS SOMETHING THAT I'M HOPING WE CAN REALLY BUILD ON AND THE FIRST MEETING THAT WE HAD AND THE FIRST WEEK OF LEGISLATIVE SESSION WAS JUST FANTASTIC.

THERE WERE SO MANY GREAT COMMENTS AND THE FEELING OF REALLY MAKING PROGRESS WITH IT, SO I'M VERY EXCITED ABOUT THAT.

>> AND THE LAST ABOUT MINUTE THAT WE HAVE, WHEN YOU'RE THINKING OF PEOPLE IN SOUTH DAKOTA WHOSE HEARTS ARE HURTING BECAUSE THEIR LOVED ONE HAS GONE MISSING, WHAT'S YOUR MESSAGE AS SOMEONE -- AS A LAWMAKER IN THE ROOM WITH OTHER LAWMAKERS LOOKING FOR SOLUTIONS, WHAT IS YOUR MESSAGE TO THEM?

>> MY MESSAGE TO THEM WOULD BE THAT THEIR LOVED ONE ISN'T FORGOTTEN, AND THERE ARE THOSE THAT MAYBE AREN'T ON THE REGISTER AND IT'S A MATTER OF THEM KNOWING THAT THERE IS THIS LIAISON POSITION OR THIS OFFICE AND OTHERS THAT THEY CAN CONTACT AND SHARE THEIR STORY.

>> IN CLOSING, WITH THIS BILL THAT YOU'VE INTRODUCED, IT CALLS TO TEMPORARILY FUND THIS LIAISON POSITION.

IS THE IDEA ONCE THIS POSITION IS FILLED, THAT THAT PERSON THEN FINDS THE ONGOING FUNDING?

>> ABSOLUTELY.

ABSOLUTELY.

THIS PARTICULAR BILL I THINK IS REALLY IMPORTANT TO ME AND I WAS JUST THINKING THAT THIS WAS THE FIRST THING THAT I WORKED ON IN COMING INTO LEGISLATURE.

AS I MENTIONED, I'M A HISTORIAN AND TO WALK INTO THE CAPITOL, LOOK AROUND AND KNOW THAT THERE WAS A TIME AS A NATIVE WOMAN, A CONSERVATIVE NATIVE WOMAN AND NATIVE AMERICAN THAT, YOU KNOW, THIS PLACE WASN'T BUILT WITH ME IN MIND SO KNOWING NOW THE PROGRESS THAT, YOU KNOW, WE'VE MADE AS A SOCIETY AND US AS TRIBAL PEOPLE AND ALL OF THESE THINGS, IT REALLY FUELS ME.

I APPRECIATE THE FACT THAT I'M THERE AND TRY TO DO MY BEST WITH THESE THINGS, SO THIS IS A REALLY IMPORTANT ONE AND I THINK WE AS LEGISLATORS CAN ASSIST IN THIS, AND AS A COMMITTEE WITH TRIBAL RELATIONS, CONTINUE TO KEEP TRACK ON THIS AND IF WE NEED TO DO SOMETHING DIFFERENT TO ENSURE THAT THIS IS WORKING, THEN WE'LL REVIEW THAT AND TAKE ACTION ON IT.

>> MY GUEST HAS BEEN REPRESENTATIVE TAMARA ST. JOHN, CHAIR OF THE STATE TRIBAL RELATIONS COMMITTEE.

REPRESENTATIVE, THANK YOU FOR JOINING US.

VERY MUCH APPRECIATE IT.

>> WOULD YOU STATE YOUR FULL NAME, THANK YOU.

>> LAWMAKERS HEAR HUNDREDS OF TESTIMONIES DURING THE LEGISLATIVE SESSION.

TONIGHT, WE'LL LISTEN TO ONE OF THEM.

EARLIER THIS MONTH, THE HOUSE EDUCATION COMMITTEE CONSIDERED A BILL MANDATING A MOMENT OF SILENCE AT THE BEGINNING OF EACH SCHOOL DAY.

GOVERNOR KRISTI NOEM PROPOSED THE BILL, SAYING PRAYER IN PUBLIC SCHOOLS IS FORBIDDEN.

HER PROPOSAL WAS MET WITH A STANDING OVATION FROM LAWMAKERS DURING HER STATE OF THE STATE ADDRESS.

BUT SEVERAL TESTIFIERS TOLD THE HOUSE EDUCATION COMMITTEE THE BILL ISN'T NEEDED.

HERE'S ROB MONSON, EXECUTIVE DIRECTOR OF THE SCHOOL ADMINISTRATORS OF SOUTH DAKOTA, IN HIS OWN WORDS.

>> JUST SO YOU KNOW, THAT AWKWARD PAUSE WAS ME TAKING A MOMENT TO SAY A PRAYER.

IT WAS NOT A PRAYER ASKING GOD TO HELP ME PASS THE CHEMISTRY TAKES TEST I WAS ABOUT TO TAKE, ALTHOUGH I COULD DO THAT IF I WERE IN A PUBLIC SCHOOL.

IT WAS NOT A PRAYER ASKING GOD TO HELP ME TEACHER WHO WAS REELING FROM HER RECENT DIAGNOSIS OF CANCER, ALTHOUGH I COULD DO THAT IF I WERE IN A PUBLIC SCHOOL.

IT WAS NOT A PRAYER ASKING GOD TO HELP OUT MY BASKETBALL TEAM WIN THE GAME TONIGHT BECAUSE WE'VE ALL WORKED SO HARD, ALTHOUGH I COULD DO THAT IF I WERE IN A PUBLIC SCHOOL.

IT WAS A PRAYER ASKING YOU TO VOTE NO ON THIS BILL.

I PRAYED RIGHT HERE IN THIS COMMITTEE WITHOUT LEGISLATION.

NO ONE TOLD ME TO DO SO.

ISN'T THAT INCREDIBLE?

THE SAME THING IS HAPPENING IN OUR PUBLIC SCHOOLS WITHOUT LEGISLATION.

I ASSURE YOU OF THAT.

YOU SEE, PRAYER HAS NEVER BEEN FORCED OUT OF THE PUBLIC SCHOOLS, NOR HAS IT EVER LEFT.

AS I WAS PRAYING THIS MORNING,.

>> A ONE OF YOU KNEW WHAT I WAS DOING, NOR COULD YOU CONTROL WHAT I WAS DOING AND YOU CERTAINLY COULDN'T FORCE ME TO STOP WHAT I WAS DOING.

PRAYER IS THOUGHT AND YOU IN FACT, NO ONE OTHER THAN ME, CAN CONTROL MY THOUGHT.

I CAN REMEMBER AS A PRINCIPAL HEARING AN ANNOUNCE.

OVER THE INTERCOM THAT FELLOWSHIP OF CHRISTIAN ATHLETES WOULD BE MEETING AT THE POLE AT 8:00 TOMORROW MORNING.

THIS MEANT THEY WERE MEETING AT THE FLAG POLE OUTSIDE OF OUR SCHOOL.

GUESS WHAT THEY WERE DOING AT THE FLAG POLE, FOLKS?

YES, THEY WERE PRAYING.

DID ANYONE STOP THEM?

NOPE.

WERE THEY VIOLATING ANY POLICY?

NOPE.

WERE THEY BREAKING A LAW?

NOPE.

DID ANYONE CARE WHAT THEY WERE DOING?

YES.

THOSE THAT WANTED TO BE A PART OF PRAYING BEFORE THEY STARTED CLAYS THAT DAY CARED AND JOINED IN.

THIS BODY HAS PRIDED ITSELF ON INDIVIDUAL FREEDOMS.

YOU HAVE NOT TOLD ANYONE TO WEAR A MASK, YOU HAVE NOT TOLD ANYONE TO GET A VACCINE.

IN FACT, MOSQUES AS ARE LEANING FURTHER IN THE OTHER DIRECTION WITH PERSONAL FREEDOMS.

DO YOU REALLY WANT TO PIVOT ON THAT NOW AND DICTATE A MOMENT OF SILENCE IN OUR PUBLIC SCHOOLS?

COULDN'T THE ELECTED SCHOOL BOARDS DO THIS ALREADY IF THEY WISHED?

EVERY CAMPAIGN I EVER SEE OR HEAR FROM INDIVIDUALS RUNNING FOR YOUR OFFICES CLAIM THEY SUPPORT K-12 EDUCATION.

HERE IS AN OPPORTUNITY THAT WON'T COST YOU A DIME TO SHOW YOUR SUPPORT FOR K-12 EDUCATORS BY VOTING NO ON THIS BILL.

BY VOTING NO ON THIS BILL, YOU'RE TELLING ALL EDUCATORS YOU ARE NOT WILLING TO GIVE THEM ONE MORE BALL TO JUGGLE RIGHT NOW.

IN CLOSING, MADAM CHAIR, IF THIS ACT IS TRULY ABOUT PUTTING PRAYER BACK IN SCHOOL, WHY ISN'T PRAYER MENTIONED ANYWHERE IN THE BILL?

WHAT DOES THIS BILL DO TO HELP K-12 EDUCATION?

I HAVE PRAYED AND ENCOURAGE YOU TO VOTE NO ON THIS UNNECESSARY PIECE OF LEGISLATION.

THANK YOU, MADAM CHAIR.

>> THAT BILL ULTIMATELY FAILED IN COMMITTEE ON A NINE TO SIX VOTE.

FOR SOME PEOPLE, THIS BILL RAISED INTERESTING QUESTIONS ABOUT RELIGION IN PUBLIC SPACES AND THE LEGALITY OF A REQUIRED "MOMENT OF SILENCE."

AND WHAT BETTER TIME THAN THE LEGISLATIVE SESSION TO BRUSH UP ON SOME OF THAT CIVIC KNOWLEDGE!

WE HEARD FROM U.S.F.

ASSOCIATE PROFESSOR OF CRIMINAL JUSTICE MIKE THOMPSON EARLIER THIS HOUR WHEN WE SPOKE ABOUT TITLE IX.

WE ALSO TALKED ABOUT THE SEPARATION OF CHURCH AND STATE, THE FIRST AMENDMENT, AND SOMETHING CALLED THE "LEMON TEST."

CAN YOU START US OUT AT THAT LEVEL, WHEN WE HEAR THE PHRASE SEPARATION OF CHURCH AND STATE, WHAT IS KIND OF THE BASIS FOR THAT IDEA IN THE UNITED STATES?

>> THE BASIS IS THE FIRST AMENDMENT WHICH HAS TWO RELIGION CLAUSES, THE FREE EXERCISE CLAUSE AND THE ESTABLISHMENT CLAUSE.

SO THE FREE EXERCISE CLAUSE SAYS THAT GOVERNMENT CAN'T INFRINGE TOO MUCH ON MY EXERCISE OF A SINCERELY HELD RELIGIOUS BELIEVE.

THE ESTABLISHMENT THE CLAUSE SAYS THE GOVERNMENT CAN'T DO ANYTHING TO SUPPORT OR TO PROMULGATE RELIGIOUS DOCTRINE, ANYTHING LIKE THAT.

IT'S NOT A COMPLETE SEPARATION.

THE TWO BLEED IN -- THE SUPREME COURT ALLOWS THE TWO TO SORT OF BLEED INTO EACH OTHER BUT THAT'S WHERE THAT SEPARATION NOTION COMES FROM.

>> RIGHT.

AND I'VE HEARD PEOPLE WHO REFERENCE THE FIRST AMENDMENT SAY, WELL, THE PHRASE SAYS CONGRESS SHALL MAKE NO LAW AGAINST THESE SEPARATE THINGS.

HOW DO WE DIFFERENTIATE BETWEEN A CONGRESSIONAL FEDERAL THING OR A STATE LAW?

>> EXCELLENT QUESTION.

YOU'RE RIGHT, THE BILL OF RIGHTS WHEN IT WAS FIRST RATIFIED BACK IN 1791 LIMITED ONLY TO THE FEDERAL GOVERNMENT.

THEth AMENDMENT UNTIL 1868 THERE WAS RATIFIED IN 1868 SPECIFICALLY APPLIES TO STATE.

SO THE SUPREME COURT HAS INCORPORATED MOST OF THE BILL OF RIGHTS LIMITATIONS INTO THE DUE PROCESS CLAUSE OF THE 4th AMENDMENT AND THEREBY, THEY APPLY TO THE STATES THAT WAY.

IT SAYS CONGRESS, IT MEANS EVERY SOVEREIGN IN THE UNITED STATES.

>> HAVE WE SEEN ANY EXAMPLES WHERE A MOMENT OF SILENCE LAW HAS BEEN STRUCK DOWN OR OTHERWISE LEGALLY CHALLENGED?

>> YEAH, NECESSITY HAVE BEEN LEGALLY CHALLENGED AND THERE WERE A COUPLE OF CASES, A COUPLE OF COURTS OF APPEALS CASES, ONE WAS OUT OF THE FOURTH CIRCUIT AND THAT -- IN THAT CASE, AND OUT OF THE 11th CIRCUIT, AND IN THOSE CASES LEGISLATURES HAD LAWS CHALLENGED AND THE SUPREME COURT SAID -- I'M SORRY, THE FEDERAL COURTS OF APPEAL SAID THEY WERE OKAY BECAUSE EVEN THOUGH THEY CONTAINED THE WORD "PRAYER," THEY STILL HAD A SECULAR PURPOSE.

SO YOU CAN -- THE SUPREME COURT UNDER THE LEMON TEST, WHICH HAS BEEN WITH US FOR A LONG TIME, HAS SAID THAT YOU CAN HAVE -- YOU CAN HAVE A RELIGIOUS PURPOSE AS LONG AS THERE ARE SECULAR PURPOSES, ALSO.

THAT GO ALONG WITH THE MOMENT OF SILENCE.

SO IN THOSE TWO COURTS OF APPEALS CASES, THOSE FEDERAL COURTS SAID, NO, THESE ARE CONSTITUTIONAL.

AND THE SUPREME COURT REFUSED TO HEAR EITHER OF THOSE TWO, WHICH WOULD SEEM TO INDICATE THAT THE COURT AGREES WITH THAT RESULT, SO... >> INTERESTING.

>> YEAH, THEY HAVE BEEN CHALLENGED BUT SO FAR THEY'VE BEEN FOUND CONSTITUTIONAL.

>> CAN YOU TELL ME MORE ABOUT THE LEMON TEST?

>> SURE, IT HAS THREE PARTS.

FIRST, AND I WROTE THEM DOWN JUST SO I KNEW WE WOULD TALK ABOUT THEM.

IT HAS TO HAVE A -- THE LEGISLATION HAS TO HAVE A SECULAR PURPOSE, NON-RELIGIOUS PURPOSE.

SO HERE IN GOVERNOR GNOMES'S PROPOSAL, THERE ARE SECULAR PURPOSES STATED.

MET TAGS, JUST TAKE A MOMENT OF SILENCE FROM THE HECTIC -- OUR HECTIC LIVES.

THE SECOND THING IS THAT THE LAW CAN'T ADVANCE OR HINDER RELIGION, SO THAT'S THE SECOND ONE.

THE THIRD ONE IS THE STATE CAN'T BECOME EXCESSIVELY ENTANGLED IN RELIGION.

WHAT EXCESSIVELY ENTANGLED MEANS IS, OF COURSE, UP TO THE COURTS TO DETERMINE BASED OPT FACTS OF EVERY CASE BUT THOSE ARE THE THREE PARTS OF THE LEMON TEST, AND IF THOSE THREE ARE SATISFIED, THEN YOU'VE GOT A CONSTITUTIONAL -- GOT A CONSTITUTIONAL PIECE OF LEGISLATION.

>> AGAIN, THE ACT TO REQUIRE A MOMENT OF SILENCE IN SCHOOLS FAILED IN THE HOUSE EDUCATION COMMITTEE BY A NINE TO SIX VOTE.

THIS SESSION WE'RE MAKING A POINT TO WELCOME MORE MEMBERS OF OUR REPORTING TEAM TO DISCUSS THE BILLS THEY'RE FOLLOWING.

I SPOKE EARLIER WITH FREELANCE EDUCATION REPORTER JACKELYN SEVERIN AND SDPB'S ARIELLE ZIONTS ABOUT THEIR COVERAGE OF NURSING NEEDS, WAGE INCREASES, AND VACCINATION REQUIREMENTS.

>> WE HEARD IN GOVERNOR NOEM DURING HER STATE OF THE STATE ADDRESS THE MESSAGE, HELP IS ON THE WAY FOR HEALTH CARE PROVIDERS IN THE STATE.

A BIG PIECE OF THAT PUZZLE COMES IN THE EDUCATION SPHERE.

WHAT CAN YOU TELL US ABOUT HOW NURSING PROGRAMS ARE BEING DEVELOPED DURING THIS STATEHOUSE SESSION?

>> YES, SO, WE THOUGHT, TOO, THERE HAS BEEN A LOT OF CONSTRUCTION PROJECTS THAT UNIVERSITY CAMPUSES HAVE BEEN ASKING FOR THAT AND SPECIFICALLY WITH NURSING PROGRAMS, THERE'S A FEW WILL THAT WANT TO EXPAND THOSE PROGRAMS.

THAT INVOLVE CONSTRUCTION PROJECTS.

SO ONE IS WITH BLACK HILLS STATE UNIVERSITY ON THE RAPID CITY CAMPUS.

THEY'RE ASKING TO ADD ON TO A BUILDING SO THEY CAN EXPAND THEIR JOINT PROGRAM WITH SOUTH DAKOTA STATE UNIVERSITY, THAT WOULD ALLOW THEM TO EXPAND THEIR NURSING PROGRAM FROM 72 TO 120 NURSING STUDENTS.

>> WOW.

>> YES.

AND THEN SIMILARLY ON THE NORTHERN STATE UNIVERSITY CAMPUS, THEY'RE ASKING TO DEMOLISH TWO PULLEDDINGS AND BUILD A WHOLE NEW BUILDING, PART OF THAT BUILDING WILL BE USED FOR THEIR BUSINESS PROGRAMS BUT THE OTHER PART WILL BE USED FOR THEIR ACCELERATED NURSING PROGRAM.

THAT IS ALSO A JOINT PROGRAM WITH SOUTH DAKOTA STATE UNIVERSITY.

SO THAT WILL ALLOW THEM TO EXPAND THAT NURSING PROGRAM FROM 36 TO 48 NURSING STUDENTS.

AND ALSO -- SO THIS ISN'T A CONSTRUCTION PROJECT BUT THE SOUTHEAST TECHNICAL INSTITUTE IS ASKING MONEY FOR THEIR NURSING PROGRAM HERE IN SIOUX FALLS TO BUY CLINICAL SIMULATION EQUIPMENT.

SO THEY HAVE A BUILDING ON THEIR CAMPUS THAT THEY'RE MOVING THEIR HEALTH SCIENCES CENTER TO.

THAT'S GOING TO BE PRIVATELY FUNDED BUT THEY'RE GOING ASK FOR STATE FUND FOR CLINICAL SIMULATION EQUIPMENT FOR THAT NURSING PROGRAM.

>> OKAY.

FOR PEOPLE WHO AREN'T FAMILIAR, KIND OF WHAT ROLE DOES THAT KIND OF EQUIPMENT PLAY IN THAT EDUCATION PIECE, WHAT DOES IT KIND OF DO?

>> YEAH, SO THAT IS LIKE -- SO HIM THEY MUST -- SOME OF IT ALMOST LOOKS LIKE DUMMIES, MAYBE, SO THE NURSES ARE USING THAT EQUIPMENT TO HAVE REALLY LIFE PRACTICE THAT THEY, YOU KNOW, TO ARE ALL THOSE THINGS THAT THEY WOULD DO ON A PATIENT SO HIM, YOU KNOW, DOING CPR OR TAKING PULSES, THAT KIND OF THING, SO THAT KIND OF GIVES THEM THAT PRACTICE IN THAT SIM LAB BEFORE THEY GO AND DO IT ON A REAL PATIENT, BASICALLY.

>> RIGHT.

>> YEAH.

>> FOR THOSE CONSTRUCTION PROJECTS, OBVIOUSLY THAT'S AN IMPORTANT PIECE JUST TO EXPAND THE CAPACITY TO PRODUCE FUTURE NURSES.

WHAT KIND OF COST ARE WE LOOKING AT FOR THOSE PROJECTS?

>> YEAH, YEAH, SO AS YOU PROBABLY KNOW, ALL THESE -- THERE'S BEEN AN INFLUX OF FEDERAL DOLLARS INTO THE STATE, RIGHT, FROM THE AMERICAN RESCUE PLAN ACT, SO THE MAJORITY OF THIS FUNDING WILL COME FROM FEDERAL DOLLARS, SO FOR BLACK HILLS STATE UNIVERSITY, THEY'RE ASKING FOR 8 MILLION IN THOSE FEDERAL FUNDS.

AND 5 MILLION IS GOING TO COME FROM -- SO I SHOULD SAY THAT THE TOTAL COST IS GOING TO BE 15 MILLION FOR THAT PROJECT, 8 MILLION FROM FEDERAL FUND, 5 MILLION FROM WHAT'S CALLED THE HIGHER EDUCATION FACILITY FUND THAT'S FUNDED FROM STUDENT TUITION AND FEES, AND THEN TWO MILLION IN PRIVATE FUNDING.

NORTHERN STATE IS ASKING FOR 25 -- 29.5 MILLION AND THAT'S ALL GOING TO COME FROM FEDERAL FUNDS, SO -- AND THEN THE SOUTHEAST TECHNICAL INSTITUTE, THAT'S ACTUALLY -- THEY'RE ACTUALLY ASKING FOR STATE FUND FOR THAT, SO FROM THE GENERAL FUND AND THEY'RE ASKING FOR 4.5 MILLION DOLLARS TO BUY THAT SIMULATION EQUIPMENT.

>> INTERESTING.

WHAT KIND OF RESPONSES WERE YOU HEARING FROM THE COMMITTEES AS THEY HEARD THESE REQUESTS?

>> YEAH, SO -- I SHOULD SAY THERE WAS NO OPPONENT TO ANY OF THESE BILLS IN COMMITTEE, AS WELL, AND A LOT OF THEM -- THERE WAS A LOT OF PROPONENTS AND A LOT OF THEM JUST TALKED ABOUT THE NEED FOR MORE NURSES IN THIS STATE AND THIS IS ONE WAY, JUST ONE PIECE OF THE PUZZLE THAT THEY'RE TRYING TO FILL THAT WORKFORCE NEED.

>> WHAT'S THE NEXT STEP IN THE PROCESS FOR THESE BILLS?

>> YES, SO THEY STARTED OUT IN THE SENATE EDUCATION COMMITTEE AND THEY'VE BEEN REFERRED TO THE JOINT APPROPRIATIONS COMMITTEE.

SO, YOU KNOW, THEY'RE FUNDING BILLS SO THEY'LL HAVE TO GO THROUGH THAT LEGISLATIVE PROCESS AND I WOULD ASSUME THAT WE PROBABLY WOULDN'T HEAR ABOUT THESE BILLS UNTIL LATER ON IN THE LEGISLATIVE SESSION.

>> INTERESTING.

BUT IT IS INTERESTING TO KNOW THAT THERE WAS NO OPPONENT TESTIMONY AGAINST ANY OF THESE BILLS.

>> EXACTLY.

SO NOBODY CAME UP AND OPPOSED THE BILLS AND THEY WERE PRETTY MUCH PASSED, MAYBE NOT ALL LAWMAKERS ON THE EDUCATION COMMITTEE VOTING YES BUT FOR THE MOST PART, ALMOST ALL OF THEM VOTED YES ON THESE BILLS, SO -- >> RIGHT.

SPEAKING TO THE NEED FOR MORE NURSES AND OTHER HEALTH CARE PROFESSIONALS IN THE STATE.

>> EXACTLY.

>> INTERESTING.

SDPBROOKLYN CENTER'S EDUCATION REPORTER, JACKELYN SEVERIN, THANKS FOR JOINING US TONIGHT.

ARIELLE JOINED ME FROM THE SOUTH DAKOTA COMMUNITY FOUNDATION GALLERY IN SDPB'S BLACK HILLS STUDIO.

THANKS FOR JOINING US TODAY.

>> THANK YOU FOR HAVING ME.

>> SO WE'LL START WITH ANOTHER KEY POINT FROM GOVERNOR KRISTI NOEM'S STATE-OF-THE-STATE ADDRESS AND THAT WAS A 6% WAGE INCREASE FOR A VARIETY OF POSITIONS IN THE STATE, INCLUDING STATE EMPLOYEES, TEACHERS, HEALTH CARE PROVIDERS.

WHAT CAN YOU TELL US ABOUT THE LATEST PROGRESS ON THAT POINT?

>> SURE, SO GOVERNOR NOEM WANTS TO SEE STATE EMPLOYEES GET A 6% RAISE AND DISCLOSURE, WE HERE AT SDPB WOULD BENEFIT FROM THAT SINCE WE ARE PARTIALLY FUNDED THROUGH THE STATE.

SHE ALSO WANTS TO SEE A 6% INCREASE IN FUNDING TO SCHOOLS, K-12 SCHOOLS, WHICH SHE WOULD THEN HOPE THE SCHOOLS USE FOR WHAT AMOUNT TO A 6% RAISE FOR TEACHERS.

AND THEN FINALLY SHE WANTS TO SEE REIMBURSEMENT RATES INCREASE BY 6% TO AGAIN GET THAT 6% RAISE FOR HEALTH CARE WORKERS.

AND SHE SAYS THIS IS NEEDED FOR TWO REASONS.

ONE IS INFLATION, WHICH IS AROUND 7%, AND THE OTHER ONE IS JUST TO KEEP US COMPETITIVE WITH OTHER STATES BUT ALSO PUBLIC VERSUS PRIVATE SECTOR.

SENATOR RENT THEY WOULD NEBA, A DEMOCRAT FROM SIOUX FALLS, HE SAYS WELL, ACTUALLY, WE NEED AN 8% RAISE FOR THESE CATEGORIES BECAUSE SINCE THE INFLATION IS AT 7%, YOU NEED TO GO A LITTLE BIT OVER THAT TO MAKE UP FOR THAT LOSS OF PURCHASING POWER.

AND THIS HASN'T BEEN DISCUSSED YET BUT IT IS SOMETHING COMING UP.

>> INTERESTING.

SO FOR FOLKS WHO DON'T FOLLOW THE LEGISLATURE AS CLOSELY YEAR TO YEAR, THIS IS SOMETHING THAT EVENTUALLY IS DECIDED BY THE JOINT APPROPRIATIONS COMMITTEE, IS THAT RIGHT?

>> YES, AND HE'S ON THAT COMMITTEE.

>> CORRECT.

SO WE PROBABLY WON'T HEAR UNTIL A BIT LATER IN THE SESSION BUILT THE WHEELS ARE TURNING ON THAT PROCESS.

>> YES.

>> SO ANOTHER THING YOU'VE BEEN COVERING IS A VARIETY OF EMPLOYEE RIGHTS ISSUES AND WORK-RELATED BILLS AND OF COURSE COVID VACCINE STATUS HAS BEEN WOVEN INTO THAT DISCUSSION LATELY ACROSS THE NATION.

WHAT ARE WE SEEING HAPPENING IN PIERRE?

>> SURE, SO -- AND, YOU KNOW, IT IS AN EMPLOYEE RIGHTS ISSUE BUT FOR SOME PEOPLE IT'S THE RIGHT TO BE SAFE, FOR OTHERS, IT'S THE RIGHT TO CHOOSE WHETHER TO BE VACCINATED, SOME PEOPLE WOULD FRAME IT DIFFERENTLY, SOMEWHERE IN THE MIDDLE BUT GOVERNOR NOEM FIRST OF ALL, SHE'S ALREADY SAID, OKAY, WE CANNOT HAVE VACCINE, TESTING, MASKING MANDATES FOR PUBLIC WORKERS, STATE WORKERS, BUT SHE WANTS TO CREATE SOME EXEMPTIONS FOR THE PRIVATE SECTOR AND SHE SAID YOU COULD HAVE AN EXCEPTION OR APPLY FOR ONE FOR MEDICAL REASONS, FOR RELIGIOUS REASONS OR FROM PRIOR INFECTION, WHAT SOME PEOPLE CALL NATURAL IMMUNITY.

NOW THOSE FIRST TWO ARE ALREADY PROTECTED UNDER FEDERAL LAW.

SHE SAYS, OKAY, THEY COULD BE PROTECTED MORE.

BUT THEN THE NATURAL IMMUNITY OR PRIOR INFECTION ONE, THAT'S A BIT MORE CONTROVERSIAL AND THE LATEST STUDIES, AND A DOCTOR I SPOKE WITH HERE AT MONUMENT CITY AT MONUMENT HEALTH, HE SAID PRIOR INFECTION IS NOT AS EFFECTIVE ESPECIALLY WHEN IT COMES TO THE CURRENT OMICRON VARIANT, MAYBE YOU HAVE SOME PROTECTION FROM THE PRIOR VARIANTS BUT NOT THE CURRENT ONE AND HE SAYS IT'S FAVORER FOR EVERYONE TO GET VACCINATED.

THERE IS A BILL THAT'S ALREADY BEEN INTRODUCED FROM REPRESENTATIVE FRED DEUTSCH WHO REPRESENTS THE WATERTOWN AREA, HE'S A REPUBLICAN AND HE SAYS, OKAY, IF YOU DO HAVE A MANDATE, A VACCINE MANDATE FROM YOUR WORK FOR COVID-19 OR ANY OTHER TYPE OF VACCINE, THAT IF YOU GET INJURED OR HURT OR SICK, THAT YOU COULD THEN SUE YOUR EMPLOYER.

IT'S A PRETTY -- THEY DON'T DEFINE WHAT THAT MEANS, THOUGH, BECAUSE THERE'S LOTS OF ---THERE'S COMMON SIDE EFFECTS FOR ANY INJECTION, PAIN AT THE INJECTION SITE, FEELING WIPED OUT, CAN YOU SUE OVER THAT OR WILL IT ONLY BE FOR SOME OF THE RARE SIDE EFFECTS THAT LAST LONGER, SO THAT -- IT'S UNCLEAR HOW THAT'S GOING TO BE DEFINED AND IF THAT'S GOING TO GAIN SUPPORT.

>> INTERESTING.

HAS THAT PARTICULAR BILL FROM FRED DEUTSCH, HAS THAT BEEN HEARD IN COMMITTEE JUST YET?

>> NO.

>> ARIELLE JOINED ME FROM THE SOUTH DAKOTA COMMUNITY FOUNDATION GALLERY IN SDPB'S BLACK HILLS STUDIO.

YOU CAN FOLLOW ALL OF OUR LEGISLATIVE COVERAGE AT SDPB.ORG/STATEHOUSE.

A KEY INFRASTRUCTURE ISSUE AT PLAY THIS SESSION IS ACCESS TO QUALITY DRINKING WATER.

GOVERNOR NOEM CALLED THE RECENT INFLUX OF FEDERAL MONEY THE CHANCE FOR A "ONCE IN A GENERATION" INVESTMENT IN WATER PROJECTS ACROSS THE STATE IN HER BUDGET ADDRESS LAST MONTH.

THIS WEEK, LEE STRUBINGER TALKED WITH PEOPLE WORKING TO SOURCE WATER FROM THE MISSOURI RIVER.

TWO WATER MANAGEMENT COMPANIES AND THE CITY OF ABERDEEN HAVE JOINED FORCES AS WATER INVESTMENT IN NORTHERN SOUTH DAKOTA, OR WINS.

WE START WITH THE STORY OF HOW WINS CAME TO BE IN THIS INSTALLMENT OF PIERRE TO PEER.

♪♪ >> WE EACH KIND OF CAME WITH OUR OWN PLAN SAYING THIS IS WHAT WE NEED TO DO TO SOLVE THE WATER ISSUE AND AT THAT TIME, THE STATE CAME BACK TO US AND SAID, HEY, I REALLY THINK THERE IS A WAY TO WORK TOGETHER.

AND SO THE THREE OF US TOOK THAT AND KIND OF RAN WITH IT, STARTED HAVING MEETINGS, STARTED TO FIGURE OUT A WAY THAT WE COULD ACTUALLY HAVE A COLLABORATIVE EFFORT TO SOLVE POTENTIALLY THE NEED OF THIS REGION FOR NOT NOW BUT FOR, YOU KNOW, MANY, MANY GENERATIONS TO COME AS OUR GOAL.

SO THAT'S HOW THIS PROJECT WAS BORN AND RIGHT NOW WE'RE IN THE MIDDLE OF LOOKING AT THE BEST WAY, THE MOST COST-EFFECTIVE WAY TO POTENTIALLY SOLVE THAT NEED IN THIS REGION.

>> JOE, I WAS WONDERING IF YOU COULD TELL US A LITTLE BIT ABOUT THE WATER NEEDS FOR THE CITY OF ABERDEEN AND WHAT THAT'S BEEN LIKE OVER THE LAST SEVERAL YEARS.

HAS IT AFFECTED ECONOMIC DEVELOPMENT?

>> YES, WATER IN THE CITY OF ABERDEEN HAS BEEN ON THE -- IT'S NEVER REALLY BEEN ANSWERED.

I ARRIVED IN 2020 AND QUICKLY FOUND THAT WHILE WE WERE MAXIMUM CAPACITY IN WASTE WATER, WE HAVE CAPACITY IN OUR WATER PLANT, WE JUST DON'T HAVE ENOUGH SOURCE WATER.

SO WE NEEDED MORE WATER AND ALSO WE FELT THAT PERHAPS A BETTER SOURCE OF CHANGING THAT COULD HELP AND WHAT REALLY OPENED MY EYES WAS WE HAD AN ECONOMIC DEVELOPMENT PROSPECT RELATED TO VALUE-BASED AG.

WE'VE HAD TWO OF THEM ADD, THEY BOTH WANT TO GROW, THEY NEED MORE WATER AND A THIRD ONE WANTED TO COME AND NOBODY IN THIS REGION HAD ENOUGH WATER, EACH IF WE COMBINED, WE COULDN'T DO IT.

SO THAT REALLY OPENED UP THE THOUGHTS THAT WE THIS ABERDEEN NEEDED MISSOURI RIVER WATER.

OUR WATER CURRENTLY COMES FROM WELLS IN THE LAKE OR ELM RIVER AND SO LOOKING AT IT THAT WAY, WE PUT TOGETHER A FEASIBILITY STUDY AND DETERMINED THAT JUST TO BRING THE MISSOURI WATER TO ABERDEEN ALONE WAS A $300 MILLION VENTURE.

AND THAT'S REALLY WHAT WE BROUGHT TO THE TABLE IS WE NEED MORE WATER, WE NEED BETTER WATER AND REALLY THE ONLY SOURCE HERE FOR US TO DO THAT IS THE MISSOURI RIVER.

>> WOULD THE IDEA BE TO CONNECT WITH THE CURRENT WEB PIPELINE?

>> WELL, THAT'S KIND OF WHERE THE DISCUSSION'S -- YOU LOOK AT WHAT ANGIE SAID EARLIER AND SHE'LL GO INTO IT MORE BUT WE HAD PLANNED TO DO IT THROUGH A RURAL WATER LINE.

THEY NEED TO EXPAND THEIR SYSTEM SO THEY NEED TO PUT IN A NEW LINE ESSENTIALLY FOR THEMSELVES.

DOESN'T MAKE ANY SENSE TO DO TWO OF THOSE OR ONE BIGGER, SO CAN IT BE THAT WHAT [INDISCERNIBLE] NEEDED TO DO AND WHAT ABERDEEN NEEDED TO DO COMBINED TOGETHER AND THAT'S WHY WE KIND OF NAMED IT WINS BECAUSE IT WILL BE A SEPARATE PROJECT ENTAILING BOTH OF US AND AS YOU'LL HEAR A LITTLE BIT MORE [INDISCERNIBLE] MAKES PERFECT SENSE IF WEBB AND THE CITY OF ABERDEEN ARE GOING TO COME TOGETHER IN THIS PROJECT FOR [INDISCERNIBLE] TO JOIN IN.

IT REALLY IS SOMETHING THAT WILL SERVE ALL OF OUR NEED IN THE ENTIRE REGION.

>> ROD, SAME TO YOU.

WHAT'S THE CURRENT WATER NEEDS FOR BDM AND WHAT'S THE CONCERN THERE WITH WATER?

>> YOU KNOW, WE CONTINUE TO GROW AS A SYSTEM.

WE HAVE MULTIPLE NEW HOOKUPS EVERY YEAR AND ONE OF THE THINGS THAT REALLY BROUGHT IT TO THE FOREFRONT LAST YEAR, OF COURSE, WAS THE DROUGHT.

AND WITH THAT, WITH ALL THE LIVESTOCK THAT WE HAVE IN OUR AREA, A LOT OF REQUESTS FOR ADDITIONAL LIVESTOCK HOOKUPS AND WE BASICALLY PUSHED OUR TREATMENT PLANT AS HARD AS WE COULD PUSH IT FOR A PERIOD OF TIME AND FOUND OUT THAT, YOU KNOW, WE NEED TO ALSO UPSIZE TREATMENT AND OF COURSE WE NEED TO LOOK FOR ADDITIONAL SOURCE WATER.

WE HAVE PRETTY SIGNIFICANT GROWTH AROUND OUR LAKES AREA.

CERTAINLY THE AGRICULTURAL DEMANDS THAT WE HAVE AND WE'VE HAD SEE REQUESTS FOR SOME VALUE-ADDED IN OUR FOOTPRINT AND YOU BRING IN SOME OF THOSE LARGE VALUE-ADDED ENTITIES TODAY, WE WOULD NOT HAVE THE CAPACITY OR THE SOURCE WATER TO MEET THOSE NEEDS SO IT'S REALLY LOOKING AT AS BOTH ANGIE AND JOE HAVE MENTIONED, REALLY LOOKING OUT REALLY LONG TERM AND, YOU KNOW, LOOKING AT GETTING A SOURCE WATER INTO THIS WHOLE NORTHERN PART OF THE STATE THAT WOULD BE ABLE TO ALLOW THIS AREA TO GROW FOR HOUSING, ECONOMIC DEVELOPMENT AND ALL THE COMMUNITIES WE SERVE.

>> ANGIE, I WAS WONDERING IF YOU COULD TELL US ABOUT THE CURRENT PIPELINE AND WHAT THIS PROPOSED PROJECT WOULD DO TO IT ULTIMATELY.

>> SO THE WEBB SOURCE IS THE MISSOURI RIVER AND WE HAVE AN EXISTING LINE AND THEN TAKE COMING OFF THAT AND GOING THROUGH NORTHERN SOUTH DAKOTA.

RIGHT NOW WE, AS WEB, ARE WORKING ON SOME MORE [INDISCERNIBLE] THAT HAVE BEEN IN EFFECT SINCE ALMOST 2008 TO GET WATER TO INDIVIDUALS THAT.

HAD WATER AVAILABILITY TO THEM SINCE THAT TIME.

AND THIS PROJECT SORT OF PIGGYBACKS OR GOES ON THE BUILDING BLOCKS OF WHAT'S EXISTING FOR WEB.

NOW, WE DON'T HAVE A LOT OF DETAILS YET TO SHARE AS FAR AS EXACTLY HOW IT'S GOING TO WORK AND, AGAIN, THIS IS THE PARTNERSHIP BETWEEN THE THREE OF US AS TO WHAT THE NEXT STEPS LOOK LIKE BUT IT'S SORT OF BUILDING OFF OF WHAT WE'VE MAYBE STARTED AND THEN WE'RE TRYING TO FIND THE MOST COST-EFFECTIVE WAY TO SERVE THE NEEDS AND THAT'S KIND OF THAT NEXT STEP WE HOPE TO HAVE HERE IN THE VERY NEAR FUTURE.

>> SO THE CENTER IS TAKING THE SENATE IS TAKING UP A BILL THAT CALLS FOR 660 MILLION IN SPENDING AUTHORITY FOR WATER PROJECTS ACROSS THE STATE.

I GUESS WHAT'S THE ASK FOR THIS PROJECT?

>> AT THIS POINT, WITH HE DON'T HAVE A FIRM NUMBER.

WE'RE TRUSTING THE PROCESS, THOUGH, I THINK THAT SENATE BILL 62 AS FAR AS MOVING FORWARD HOW THE STATE HAS PROPOSED TO LOOK AT EACH OF THESE PROJECTS INDIVIDUALLY AND THEN SEE WHAT THEY CAN DO AS FAR AS, YOU KNOW, GRANT DOLLARS AND ALLOCATIONS THROUGHOUT ALL THE PROJECT REQUESTS I KNOW THAT ARE OUT THERE SO WE DON'T HAVE A DOLLAR AMOUNT FOR THIS WINS PROJECT CURRENTLY BUT, AGAIN, WE'RE HOPING TO GET SOME OF THAT INFORMATION TO THEM AND THEN WORK THROUGH THE PROCESS.

>> WHAT ARE NEXT STEPS FOR WINS?

>> RIGHT NOW, WE'RE CONCEPTUALLY LOOKING AT THE IDEA AND PROCESS AND WE'RE ALL I THINK COLLECTIVELY IN AGREEMENT THAT THIS IS A VERY WORTHWHILE PROJECT TO SPERCHTD A LOT OF TIME AND EFFORT TO TRY TO PUT TOGETHER AND I WOULD SAY OUR NEXT STEPS ARE LOOKING AT A COST ANALYSIS STUDY AND GETTING SOME NUMBERS AS FAR AS WHAT THE COST OF THE PROJECT WOULD BE AND ONCE WE GET THAT, WE START TALKING TO THE STATE AND LOOKING AT OUR FUNDING OPTIONS AND HOW MANY GRANT DOLLARS ARE AVAILABLE VERSUS LOAN DOLLARS AND WHAT OTHER OPTIONS DO WE HAVE TO LOOK AT FUNDING.

>> SENATE BILL 6, A BILL TO MAKE AN APPROPRIATION FOR WATER PROJECTS IS STILL AWAITING ACTION FROM THE SENATE STATE AFFAIRS COMMITTEE.

>> THE GOVERNOR SINGLED OUT A LITTLE KNOWN TAX FOR RIDICULE THIS LEGISLATIVE SESSION.

IT TAXES THE PRODUCTS USED IN A GAME THAT WAS ONCE VERY POPULAR, BINGO!

SDPB'S SETH TUPPER EXPLAINS IN THIS INSTALLMENT OF OUR LEGISLATIVE SERIES: WHY IS THAT?

♪♪ >> THE GOVERNOR TOOK AIM AT SEVERAL TARGETS DURING HIRE RECENT STATE-OF-THE-STATE ADDRESS.

SHE RESERVED SOME OF HER SHARPEST CRITICISM FOR A SURPRISING TOPIC.

>> AND FINALLY, ALTHOUGH WE DON'T HAVE A LOT OF TAXES IN SOUTH DAKOTA, WE'VE BEEN LOOKING FOR THEM.

I'M DOING TO PROPOSE THAT WE ELIMINATE ONE THAT IS INCREDIBLY RIDICULOUS.

DID YOU KNOW THAT WE HAVE A BINGO TAX?

[Laughter] SO THIS IS LARGELY A TAX ON ELDERLY POPULATIONS AND OUR VETERANS.

I'M PROPOSING THAT WE GET RID OF THE BINGO TAX, AND THAT'S JUST THE BEGINNING.

[Applause] >> JUDGING BY THAT REACTION AND THE BILL'S RECEPTION SO FAR, THE BINGO TAX IS DOOMED.

BUT IT WASN'T ALWAYS VIEWED AS RIDICULOUS.

JASON EVANS ALLUDED TO THAT HISTORY WHILE TESTIFYING TO A STATE SENATE COMMITTEE.

I WORKS FOR THE STATE DEPARTMENT OF REVENUE.

>> I IMAGINE DURING THE 1970s AND 1980s, BINGO WAS ALL THE RAGE AND THERE PROBABLY WAS A LEGIMATE REGULATORY PURPOSE FOR THESE LICENSE FEES AND TAXES.

>> BINGO WAS A LUKE RAH TV AND EVEN CONTROVERSIAL INDUSTRY.

IT WAS TAXED AND REGULATED TO ENSURE OVERSIGHT AND TRACK WHERE THE MONEY WENT.

AS ONE OF THE FIRST FORMS OF LEGALIZED GAMBLING IN THE STATE, BINGO PAVED THE WAY FOR THE BILLIONS WAGERED TODAY ON VIDEO GAMES, VIDEO LOTTERY, CASINO GAMES AND SPORTING EVENT.

BEGINNING IN THE 190s AND '30s, BINGO EVENTS RAISED MONEY FOR CIVIC ORGANIZATIONS, WHILE PLAYING THE GAME FOR MONEY WAS ILLEGAL, MOST AUTHORITIES LOOKED THE OTHER WAY.

THEN IN 1969, SOUTH DAKOTA REPUBLICAN ATTORNEY GENERAL GORDON MIDLAND CRACKED DOWN ON BINGO AND OTHER ILLEGAL GAMBLING.

RAIDS ON VFWs AND AMERICAN LEGION HALLS WERE NOT POPULAR.

THE LEGISLATIVE RESPONDED WITH A NEW LAW IN 1970 TO APPROVE LIMITED BINGO GAMES, RAFFLES AND LOTTERIES.

THAT REMAINS THE BASES FOR LIMITED BINGO GAMBLING TODAY TO SUPPORT CERTAIN GROUPS.

>> I'M CERTAIN THAT YOU'VE ALL ARE AWARE THAT WE DO ALLOW BINGO IN CERTAIN ELIGIBLE ORGANIZATIONS IN SOUTH DAKOTA.

TYPICALLY THOSE WOULD BE YOUR VETERANS ORGANIZATIONS, CIVIC, FRATERNAL, EDUCATIONAL TYPE ORGANIZATIONS THAT CAN CONDUCT THOSE GAMES.

>> EVENTUALLY, OTHER GROUPS FIGURED OUT HOW TO GET A PIECE OF THE BINGO PIE.

IN THE 1980s, BINGO HALLS WENT UP AND ENTREPRENEURS RENTED THEM OUT TO CIVIC GROUPS.

AT THE SAME TIME, BINGO HALLS OPENED ON RESERVATIONS, THE PRECURSORS OF TRIBAL CASINOS.

BINGO BECAME SUCH BIG BUSINESS, THE ARGUS LEADER NEWSPAPER CALLED IT THE SILENT GAMBLE EMPIRE.

IN 1990, THE PAPER REPORTED THE ANNUAL GROSS REVENUE OF JUST THE BINGO OPERATIONS IN SIOUX FALLS WAS MORE THAN $3 MILLION.

HIM LAWMAKERS TOOK NOTICE.

THEY SLAPPED NEW REGULATIONS AND A TAX ON BINGO IN 198 WILL.

THOSE TAXES AND REGULATIONS STILL EXIST.

JASON EVANS SAYS THE REVENUE DEPARTMENT DOES NOT TAX THE CIVIC GROUPS THAT RUN THE GAMES OR THE PLAYERS.

THE TAX IS ON THE COMPANIES THAT PROVIDE BINGO SUPPLIES AND EQUIPMENT.

>> THE MANUFACTURERS HAVE TO BUY A $2500 LICENSE FROM THE DEPARTMENT OF REVENUE SIMPLY TO BE ABLE TO SELL THOSE PRODUCTS TO A DISTRIBUTOR.

NOW, THE DISTRIBUTORS ALSO HAVE TO GET A LICENSE FROM US.

THE DISTRIBUTORS THAT ARE SELLING THOSE BINGO CARDS AND BINGO SUPPLIES TO THAT IS ELIGIBLE ORGANIZATIONS THAT ARE ABLE TO CONDUCT THE GAMES ARE REQUIRED TO BUY A $5,000 LICENSE FROM THE DEPARTMENT.

AND IN ADDITION TO THE $5,000, THEY'RE REQUIRED TO PAY A 5% TAX ON THOSE BINGO SUPPLIES AND BINGO EQUIPMENT.

>> BINGO'S POPULARITY WANED OFF THE YEARS.

A SERIES OF SOUTH DAKOTA ELECTIONS AND LAW CHANGES IN THE LATE 1980s AUTHORED STATE-OPERATED LOTT TO GAMES, VIDEO LOTTERY AND DEADWOOD CASINO GAMBLING.

TRIBAL GOVERNMENTS FOLLOWED SUIT, REPLACING BINGO HALLS WITH FULL-SCALE CASINO HOTELS.

AND STATEWIDE VOTERS APPROVED DEADWOOD SPORTS BETTING IN 2020.

YET, EVANS SAYS THE REVENUE DEPARTMENT IS STILL SPENDING A LOT OF TIME AND ENERGY EVERY FISCAL YEAR ON A SMALL AMOUNT OF BINGO ACTIVITY.

THAT'S WHY HE WANTS TO REPEAL THE TAXES AND FEES.

>> AND SO IN FY '21, WE RECEIVED $20,000 IN LICENSE FEES, THOSE $2500 AND $5,000 LICENSES THAT I MENTIONED AND ONLY ABOUT $12,000 IN TAX, SO GRAND TOTAL OF $32,000 IN FY '21 THAT WE'RE TALKING ABOUT SHOULD THIS BILL PASS THAT WE'RE NOT GOING TO RECEIVE IN THE STATE OF SOUTH DAKOTA ANYMORE.

BY CONTRAST, IN 1996, THE YEAR THAT I STARTED WORKING FOR THE DEPARTMENT OF REVENUE, WE RECEIVED MORE THAN DOUBLE THE AMOUNT OF LICENSE FEES AT $45,000 AND NEARLY TRIPLE THE AMOUNT OF TAX, AT $34,000.

SO IT JUST SEEMS LIKE WITH THAT SHARP DECLINE OVER THE YEARS, THAT THIS TAX AND LICENSE FEE HAVE PROBABLY OUTLIVED THEIR USEFULNESS.

>> THE STATE SENATE HAS ALREADY PASSED THE NOEM BILL TO REPEAL THE TAX AND LICENSE FEES.

THE LEGISLATION IS PENDING IN THE HOUSE OF REPRESENTATIVES.

BINGO MANUFACTURERS AND DISTRIBUTORS WOULD STILL HAVE TO PAY ANY APPLICABLE SALES TAX ON THEIR OPERATIONS.

I'M SDPB'S SETH TUPPER.

>> THE BILL TO REPEAL THE BINGO TAX PASSED THROUGH THE SENATE UNANIMOUSLY.

IT MOVES NEXT TO THE HOUSE.

THAT'S ALL WE HAVE TIME FOR TONIGHT.

AS ALWAYS, IF YOU HAVE A STORY YOU WANT TO SEE ON SOUTH DAKOTA FOCUS, SEND US AN EMAIL!

AND YOU CAN FIND ME ON TWITTER: @JACKIEHENDRYSD.

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WE ALSO STREAM LEGISLATIVE COMMITTEE HEARINGS, HOUSE AND SENATE FLOOR DEBATES AND LEADERSHIP PRESS CONFERENCES ON SD.NET.

JOIN US NEXT TIME ON THURSDAY, FEBRUARY 10TH, WHEN WE'LL LEARN MORE ABOUT THE GOVERNOR'S PROPOSED LEGISLATION ON ABORTION.

UNTIL THEN, I'M JACKIE HENDRY.

THANK YOU FOR WATCHING.

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