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Build upon a strong

FOUNDATION Experience, professionalism, expertise, dedication and services are the foundation of Dougherty & Company. For more than 40 years Dougherty & Company has served South Dakota local and state governments, school districts, counties and cities, underwriting over $6 billion in bonds for South Dakota public entities since 1990.

Tom Grimmond

Toby Morris

Sioux Falls, South Dakota | Phone 605.339.9800 | 800.339.1111 tgrimmond@doughertymarkets.com Pierre, South Dakota | Phone 605.224.5557 | 877.224.5557 tmorris@doughertymarkets.com Member SIPC/FINRA

Official Monthly Publication

Member of National League of Cities

www.sdmunicipalleague.org

South Dakota MUNICIPALITIES

Managing Editor: Yvonne A. Taylor

PRESIDENT Debbie Houseman Finance Officer, Lake Andes 1st VICE PRESIDENT Steve Allender Mayor, Rapid City

2nd VICE PRESIDENT Amy Leon City Manager, Yankton

TRUSTEES Fay Bueno Finance Officer, Sturgis

Editor: Sara M. Rankin

DISTRICT CHAIRS Dist. 1 - Mike Grosek Mayor, Webster

Dist. 2 - Jennifer Eimers Finance Officer, Madison Dist. 3 - Dawn Murphy Finance Officer, Tea

Dist. 4 - Becky Brunsing City Administrator, Wagner Dist. 5 - Renae Phinney President, Ree Heights

Karl Alberts Finance Officer, Aberdeen

Dist. 6 - Leland Treichel Mayor, Roscoe

Christine Erickson Councilmember, Sioux Falls

Dist. 8 - Dave Geisler Mayor, Murdo

Carolynn Anderson Finance Officer, Wall Harry Weller Mayor, Kadoka

PAST PRESIDENT Pauline Sumption Finance Officer, Rapid City

Dist. 7 - Arnold Schott Mayor, McLaughlin

Dist. 9 - Laurie Woodward Finance Officer, Custer Dist. 10 - Michelle DeNeui Finance Officer, Spearfish

LEAGUE STAFF 1-800-658-3633 Fax: 605-224-8655

Yvonne Taylor Executive Director Sandi Larson Director of Risk Sharing Services Lori Martinec Director of Research and Training Chris Hill Director of Municipal Electric Services Sara Rankin Director of Marketing & Communications Lori Butler Director of Finance Carla McGregor Accounting Assistant Lisa Nold Office Manager SD Public Assurance Alliance: David Pfeifle Executive Director Kristina Peterson Director of Underwriting Lynn Bren Director of Member Services Paytra Nichols Underwriter Jerry Krambeck Member Services Representative Deb Corkill Executive Assistant

Features

Contents

2020 Rib Dinner and Municipal Government Day at the Legislature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 2020 Annual Report Workshops . . . . . . . . . . . . . . . . .9

Legal Holidays for 2020 . . . . . . . . . . . . . . . . . . . . . .10

2020 Legislative Session: Legislative Calendar . . . . . . . . . . . . . . . . . . . . . . . . .10 Carrying Your Message to the Capitol . . . . . . . . . . . .11 Municipal Tax Payments . . . . . . . . . . . . . . . . . . . . . .11 How to Track a Bill Online . . . . . . . . . . . . . . . . . . . . .12 How an Idea Becomes Law . . . . . . . . . . . . . . . . . . . . .13 2020 Legislators By District . . . . . . . . . . . . . . . . .14-17

2020 Municipal Election Calendar . . . . . . . . . . . . . . .18

Municipal Elections: Q & A . . . . . . . . . . . . . . . . . . . .20

State News . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Five South Dakota Communities Lead the Way for Health and Well-being . . . . . . . . . .32

SDMEA Hometown Power . . . . . . . . . . . . . . . . . . . .34

Hazard Mitigation Grant Program Funding . . . . . . . .36

New “AgriCulture” Event in Rapid City Connects Urban Families to Ag Community . . . . . . .37

SDPAA - A Year in Review . . . . . . . . . . . . . . . . . . . . 38 Increase Resident Engagement With Better Public Meetings . . . . . . . . . . . . . . . . . . . .40

SDPCA and SDSA Accepting Award Nominations . .43

Columns

Director’s Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

President’s Report . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Risk-Sharing News . . . . . . . . . . . . . . . . . . . . . . . . . .44 Washington Report: Senator Thune . . . . . . . . . . . . . .46

In Every Issue

SDML Events Calendar . . . . . . . . . . . . . . . . . . . . . . . 6 City Highlight - Clark . . . . . . . . . . . . . . . . . . . . . . . .33 Directory Changes . . . . . . . . . . . . . . . . . . . . . . . . . . .35 Hometown Happenings . . . . . . . . . . . . . . . . . . . . . . .48 Classifieds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52

Municipal Calendar . . . . . . . . . . . . . . . . . . . . . . . . . .53

SOUTH DAKOTA MUNICIPALITIES (ISSN 0300-6182, USPS 503-120) is the official publication of the South Dakota Municipal League, published monthly at 208 Island Drive, Ft. Pierre, South Dakota 57532, phone 605-224-8654. This institution is an equal opportunity provider, and employer. Periodical postage paid at Pierre, South Dakota and additional mailing offices. Non-member subscriptions are available for $30.00 annually. The opinions expressed herein are not necessarily those of the South Dakota Municipal League. Postmaster: Send address changes to SOUTH DAKOTA MUNICIPALITIES, 208 Island Drive, Ft. Pierre, South Dakota 57532.

JANUARY 2020

VOLUME 86, NUMBER 7

Director's Notes

For more than a year now, we have been talking about the Rural Electric Association’s attempts to stop the ability of municipal utilities to grow with the boundaries of their cities. In spite of a full year of negotiation, a summer study committee, and further negotiations throughout the fall, there has been no description of any legitimate problem with the current system. Our most vocal advocate in this fight has been Senator Lee Schoenbeck (R) Watertown, and I have asked his permission to print his “minority report” to the draft of a bill we may see this upcoming session. It is our guest column for this month. -Yvonne Taylor, Executive Director SENATE BILL DISCUSSION DRAFT 227 Minority Report

To understand the problems with Senate Bill Discussion Draft 227, it’s necessary to set aside some of the political rhetoric and look at the history and economic realities the Committee learned through the course of the summer.

History

In South Dakota electric services are provided by the investor-owned utilities (IOU), rural electric cooperatives (REC), and municipal utilities (Muni). In some cases, the IOUs and Munies have been providing electrical service in South Dakota since before statehood. After the Rural Electrification Act, the RECs became a valuable and necessary third leg of the electric service delivery system in South Dakota.

The three types of service providers were not limited in their territories for the first 90 years of our state’s existence. 1965 – 1976 SDCL 49-34A-44

In the late 60’s and early 70’s, efforts were made to create defined service territories. Duplicative services were viewed as not in the state’s best interests for providing as low cost as possible of electric power. Planning for the delivery of electrical services took, and continues to take, years, and certainty was determined to be critical.

The 1975 Legislative session passed the final bill that set up the process to arbitrate the territory boundaries. One of the principals that was part of the guiding conditions in 4

creating the service territories was that “a reasonable opportunity for future growth” be afforded the utilities. Munies: What they gave up and what they got.

As a result of the creation of service territories, Munies agreed to limit their service territories to their boundaries. Prior to that, Munies could serve any of the adjoining areas around their cities, and they gave all of those rights up.

The only right Munies retained, which was consistent with the standard established in SDCL 49-34A-44(5) was that they could grow with their cities. SDCL 49-34A-48. Munies gave up valuable service territory, mostly to RECs, and only retained the right to grow within the cities that owned them. Takings

Ever since 1975, the RECs have been on a mission to take from the Munies the sole right the Munies retained in the creation of service territories. The RECs have come to Legislature on several occasions and have brought litigation. The RECs lost the litigation, and the Circuit Judge’s opinion made it clear that the rights all of the utilities got were not “property rights.” The Court ruled that there is no “takings.” Ironically, the party who’s the victim of the “takings” are the Munies, but those facts have not deterred the fervor with which the RECs have attacked the Munies rights. Payment for Property

During the past Legislative session, some legislators were given the impression that the REC’s “takings” was about losing their facilities they had invested in the territory. In fact, SDCL 49-34A-50 sets out a process for RECs to be paid for their electric facilities by the Munies. In every instance since this process was enacted in 1975, according to the PUC, there has never been a contest filed. The parties have amicably resolved these payments. Forced Annexation

The impression was given to the Legislature that the “takings” was by cities taking property in forced annexations. What the Committee now knows from its summer work is that, with the exception of possibly a house and a garage in Brookings, there have been no forced annexations that dealt with any of the electric service area issues. Property Owner Rights

It’s individual landowners that choose to pursue the annexation, and to receive access to the bundle of SOUTH DAKOTA MUNICIPALITIES

municipal services. It is the landowners whose rights the RECs are attacking. In some cases, these are valuable property rights that the RECs are attempting to take from landowners. Economic Development

In Watertown, the RECs’ rates for commercial users are 60% higher than the Munies’! A landowner that can have access to Muni electric has much more valuable property. To understand the magnitude, if a recent economic development project in Watertown for a large manufacturer that sits on the edge of town was in the REC’s territory, it would have had to pay almost a million dollars a year in an additional “tax” to the REC in higher rates. Long-Term Development

The Committee learned that electric facility investment is made on a long-term basis. Substations have to be built, redundancy is critical, and higher voltage lines are needed and expensive. Anything that interferes with the certainty of long-term development is a detriment to the economy of the regions around municipal utilities in South Dakota. The current system provides certainty.

One of the consequences of the current system is that RECs don’t have the substantial and necessary investment in the areas around communities like Watertown, Brookings, and Madison. It’d make no sense for them to invest there, and the cities have built out their redundant structures for decades to address the incremental growth that landowners seek when they petition into the city.

ANY legislation that affects the certainty of investment in electric facilities is bad for the state of South Dakota. SENATE BILL 227

Senate Bill 227 was presented as a concept, not as a piece of legislation ready to be introduced or implemented—for several obvious reasons. Groups that opposed Senate Bill 227 included the PUC, IOUs, and Munies. Only the RECs supported the Bill in its current form.

The Committee has received a list of flaws in the current Bill. The Committee is familiar with legislation. It’s easy to have vague, generalized concepts that people agree to. The devil is always in the details. In this instance, no legislator on the summer study was able to construct a bill that could “fix” the “problem.” The principal reason a bill couldn’t be constructed to “fix” the “problem” is that—as we learned from the history cited above—there is no problem to fix. SB 227 is seen by the RECs as one more opportunity to try and erode the rights that they negotiated away—for valuable consideration—to the Munies 45 years ago. Every legislator that’s been around for any length of time has seen this kind of behavior from groups that come JANUARY 2020

before it. Step, by step, by step, they seek to erode principals. Over time, people’s word means almost nothing, and the only value that succeeds is to continue to whine, complain, and beg the Legislature—until the kind of fundamentals that built our state are eroded, and legislators give in. SB 227 is the most recent version of that continued effort. Specific Issues

The PUC’s two-page list of flaws in the Discussion Draft SB 227 should be given fair consideration. When you read through the list, you’ll see that in reality none of the significant or substantive decisions that need to be made, are being made in the Discussion Draft SB 227. I’d intended to set forth a similar list, but the PUC’s list is pretty inclusive. The Bill doesn’t have the standards necessary for any step in the process it purports to address. The one bone in SB 227 is to require the PUC to decide within 60 days. By putting a 60-day provision in the draft, the author intended to address the very real problem with delay. There are two clear reasons why this Bill doesn’t do that.

First, the most fundamental delay is in the ability to longrange plan. For 45 years, the systems have known what the rules are, and they’ve been able to make significant economic decisions based upon those rules. For example, it takes 18 months to get a substation, longer to have it installed. A substation costs millions of dollars. The decision to put the lines in the ground and create the redundancy for an economic development project is made years in advance of there actually being a shovel-ready project. Anything that creates uncertainty in that process, affects the ability to plan and construct. The current system has provided consistency that the parties have understood for decades. The parties have adjusted their infrastructure investment based upon knowing those rules. Territory boundaries are not just a game of etch-o-sketch, where changing the rules a little bit so one party can have more money makes any sense in the economic realities of the real world.

Secondly, the problem with the Bill is that the 60-day figure was put in to make it look attractive, when in reality, it can’t happen. The RECs admit this in their objections. They would love to have the delay that this process imposes, because they would be able to use this as leverage to force businesses and communities to pay them additional money—to do what can be done right now in an orderly fashion. Conclusion

This Bill is one of those Kumbaya moments. It’s not really drafted to be able to do that which it says, but it would make people feel good. People feel good right up until they find out that the Bill has to die because of the harm it does. 5

President's Report

2020 is upon us. I am hopeful that this year will bring us 365 days, 365 opportunities to make a difference; at home, for our cities and the State. January 14 begins the 2020 legislative session. My question for you is; what are your hopes for this session? Is there an issue that is important to you that will be coming before the legislature? Have you contacted your Legislator’s and voiced your opinion, your support or your concerns? The South Dakota Municipal League works very hard to promote legislation that is important to municipalities across the state. Yvonne and the staff do an amazing job working on all issues whether it be testifying in support or opposition of a bill or in the hallways building relationships to help resolve an issue. As the session begins, elected officials and public employees will receive emails from Yvonne with information about legislation that needs to move forward or needs to be stopped. Please take time to read that email and follow up with requests to contact your Senators and Representatives regarding their support of these issues.

Your voice does make a difference and when we band together on an issue, we gain strength and power making our voices just a little bit louder. Remember that the municipalities represent the majority of voters within our great state. Cities need to remind our legislators that they are elected to represent the needs of the people of our communities and let our voices be heard.

Debbra Houseman

Keep on top of what goes on under the Dome Subscribe to the SDML’s Legislative Update.

Serving municipalities for more than a century. TRANSPORTATION WATER GOVERNMENTAL SERVICES LAND DEVELOPMENT

CONSTRUCTION Z 431 N. Phillips Ave | Suite 400

Sioux Falls, SD 57104

As local leaders, you need to be a part of the action in Pierre. The Legislative Update helps get you there.

As you know, decisions in Pierre are made at a fast and furious pace, and the Update gives you a grasp of issues affecting how you govern on the local level. Updates are issued throughout the session on a weekly or as needed basis, via fax, mail or email. Email is free, including an unlimited number of addresses to each city.

To receive the Legislative Update via email contact Yvonne at yvonne@sdmunicipalleague.org.

ENVIRONMENTAL

Z Phone 605.334.4499

The SDML’s Legislative Update informs you on the hottest issues affecting municipalities as the South Dakota Legislature considers them. Each week League staff compiles an analysis of current and upcoming committee and floor action in the Senate and House.

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To get the Update sent to you by mail or fax please send $10 along with a request (include your mailing address, phone number or fax number) to: SDML, 208 Island Drive, Fort Pierre, SD 57532.

SOUTH DAKOTA MUNICIPALITIES

2020 Events Calendar

January 14 2020 SD Legislative Session Begins, Pierre

Municipal/School Election Workshop Webinars (See Registration)

15-16

SD Police Chiefs’ Association Meeting, Fort Pierre

May 15-16

Annual Report Workshops (See Registration)

February 4 SDML Board of Directors Meeting, Fort Pierre 4

Rib Dinner with Legislators, Fort Pierre Municipal Government Day at the Legislature, Pierre

March 3-4 SD Municipal Electric Association Superintendent-Foreman Conference, Watertown 8-11

TBD 17

April 1 2

NLC Congressional City Conference, Washington, DC

21-23

26-29 June TBD 9-10

District 7 Meeting, Akaska

District 4 Meeting, Plankinton

District 8 Meeting, Philip

District 9 Meeting, New Underwood

District 10 Meeting, Belle Fourche

SD Building Officials, ICC Code Officials Institute Program, Rapid City

JANUARY 2020 2017

SD City Management Association GOSCMA Conference, Spearfish

SDML Board of Directors Meeting, Rapid City Human Resource School, Aberdeen

Budget Training, Sioux Falls

16-17

District 6 Meeting, Groton

SD Association of Code Enforcement Workshop, Fort Pierre

TBD

District 2 Meeting, Elkton

District 5 Meeting, Saint Lawrence

SD Police Chiefs/SD Sheriffs Joint Association Meeting, Deadwood

Finance Officers’ School, Aberdeen

July 9

District 3 Meeting, Vermillion

SD Municipal Street Maintenance Association Meeting, Rapid City

10-12

SD Airport Management Association Meeting, Rapid City District 1 Meeting, Roslyn

SD Building Officials, ICC Code Officials Institute Program, Sioux Falls

SD Municipal Attorneys’ Association Meeting, Pierre

Budget Training, Rapid City

Elected Officials Workshop, Pierre

SD Building Officials’ Association Meeting, Deadwood

August 12-13 Policy Committee Meetings, Fort Pierre October 6 SDML Board of Directors Meeting, Spearfish 6-9

SDML Annual Conference, Spearfish

November 18-21 NLC City Summit, Tampa, FL

December 9 Joint SDML Board Meeting with County Association, Pierre

2020 Annual Report Workshops The South Dakota Municipal League and the South Dakota Department of Legislative Audit are co-sponsoring oneGD\ ZRUNVKRSV RQ SUHSDULQJ WKLV \HDUÂ¶V DQQXDO UHSRUW Remember, annual reports are required to be filed by ALL municipalities. The workshops are brought to you free of charge and will be conducted by the staff of the Department of Legislative Audit. Finance officers, clerks, auditors and treasurers should plan to attend. The workshops will provide guidance on all types of annual report forms. If you have questions on which workshop you should attend please call Rod Fortin with Legislative Audit at 605-367-5810. 3OHDVH EULQJ \RXU FXUUHQW RU SUHYLRXV \HDUÂ¶V DQQXDO UHSRUW WR XVH DV UHIHUHQFH PDWHULDO DORQJ ZLWK DQ\ TXHVWLRQV \RX may have. Large Cities (Cash Basis): Those with $600,000 or more in revenue. x Fort Pierre: Tuesday, January 7, 2020 11:00am - 3:00pm, SD Municipal League Building, 208 Island Drive *Working lunch by ordering pizza in Large Cities (GAAP Basis): Those with $600,000 or more in revenue. x Fort Pierre: Wednesday, January 8, 2020 11:00am - 3:00pm, SD Municipal League Building, 208 Island Drive *Working lunch by ordering pizza in Small Cities: Those with less than $600,000 in revenue. x Mitchell, Wednesday, January 15, 2020 Noon- SP %ODUQH\Â¶V 6SRUWVEDU *ULOO +LJKODQG :D\ /XQFK RQ \RXU RZQ )HHO IUHH WR FRPH HDUO\ IRU OXQFK DW %ODUQH\Â¶V LI \RXU VFKHGXOH SHUPLWV 0HHWLQJ will begin at Noon. Reservation is under MUNICIPAL LEAGUE. x

Aberdeen, Wednesday, January 22, 2020 Noon-3:00pm, County Court House, Community Room, Basement Annex, 25 Market Street *Lunch on your own. Reservation is under MUNICIPAL LEAGUE. DEADLINE for Registration is ONE WEEK PRIOR to each meeting.

Notes: If weather looks bad, call 605-367-5810 or 605-224-8654 to determine if the seminar has been postponed. Please do not take any driving risks. Dress is business casual. Individuals needing assistance, pursuant to the Americans with Disabilities Act, should contact the League office in advance of the meeting to make any necessary arrangements.

Annual Report Workshops Registration MUNICIPALITY _____________________________________________________________________________ Name

Title

________________________________________ _____________________ ____________________________ ________________________________________ _____________________ ____________________________ CHECK ONE:

_____ Fort Pierre January 7

_____ Fort Pierre January 8

_____ Mitchell January 15

_____ Aberdeen January 22

Register online at: https://www.eventbrite.com/e/2020-annual-report-workshops-registration-75696059953 OR Please return to: South Dakota Municipal League, 208 Island Drive, Fort Pierre, SD 57532, Fax: 605-224-8655 email: lisa@sdmunicipalleague.org, website: www.sdmunicipalleague.org JANUARY 2020 2017

2020 Legal Holidays

2020 LEGISLATIVE CALENDAR

The State of South Dakota recognizes the following 10 legal holidays (SDCL 1-5-1) plus any other day proclaimed as a holiday by the Governor of South Dakota or the President of the United States:

Compliments of:

January 1, 2020 – New Year’s Day

January 20, 2020 – Martin Luther King Jr. Day February 17, 2020 – Presidents’ Day

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3rd 16

4th 17

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14th 5

15th 6

16th 7

17th 10

18th 11

19th 12

20th 13

21st 18

22nd 19

23rd 20

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26th 25

27th 26

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Monday, January 20: Martin Luther King Jr. Day observed Thursday, February 6: Last day to introduce individual bills Friday, February 7: Last day to introduce committee bills Tuesday, February 4: SDML Legislative Rib Dinner Wednesday, February 5: Municipal Government Day Monday, February 17: Presidents’ Day observed Monday, March 30: 37th Legislative Day, reserved for consideration of gubernatorial vetoes

September 7, 2020 – Labor Day

October 12, 2020 – Native Americans’ Day November 11, 2020 – Veterans’ Day

November 26, 2020 – Thanksgiving Day December 25, 2020 – Christmas Day

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July 4, 2020 – Independence Day

If a holiday from the list falls on a Saturday, the preceding Friday is observed as the paid holiday. If a holiday falls on a Sunday, it is observed on the following Monday. Cities and towns are not required to follow this holiday schedule. The Municipal League follows the state holiday schedule and the office will be closed on these days.

State Rates

(As of July 1, 2019)

Meals: Breakfast Lunch Dinner

In-State $ 6.00 $ 14.00 $ 20.00

Out-of-State $ 10.00 $ 18.00 $ 28.00

Mileage:

$0.42/mile (Federal Mileage: $0.58/mile as of 1.1.19)

Lodging: In-State $75 year round Out-of-State $175.00 plus tax

The Board of Finance sets the per diem rates available for South Dakota state employees. The Administrative Rules found at http://sdlegislature.gov/Rules/Display Rule.aspx?Rule=05:01:02 provide more details on state rates. SOUTH DAKOTA MUNICIPALITIES

Carrying Your Message to the Capitol

Keeping your legislators informed on the needs of South Dakota’s cities and seeing that the South Dakota Legislature meets those needs is up to you. When you get involved in the legislative process and share your expertise and experiences with your legislators, your city and all cities have a stronger voice. No one knows your city or town better than you do. And, therefore, no one can do a better job of telling your elected representative what works and what does not work for your community than you can.

There are several methods for local elected officials to advocate issues before their lawmakers. The more personal and direct the method, the greater the influence.

The following information is designed to help you carry your city’s message to the Capitol and to help make your meetings with legislators more effective.

Develop a positive working relationship with your legislator. • Regularly meet with your legislators to update them on key legislative issues. • Invite legislators to city council meetings and explain your issues and what your city faces. • Include legislators in important local events. • Give credit when credit is due. • Hold legislators accountable for their positions.

Have a specific agenda. When meeting with your legislator, know what steps the legislator can take to address the city’s concerns and be specific about what action you would like to have taken.

Be prepared to present your case firmly and succinctly, supported by specific examples of the impact of the pending action on your community. You should also be prepared to respond to counter arguments or alternative suggestions.

Phone Numbers to Know Senate Phone: 605-773-3821 House Phone: 605-773-3851

Lobbyist Phone: 605-224-5030 (Yvonne can be reached at this number or email her at yvonne@sdmunicipalleague.org during session.) JANUARY 2020

Connect your community to the issue. Make a clear connection between what you are asking for and the needs of your citizens.

Be responsive and provide additional information quickly, if asked.

the progress.

Say “thank you!” Follow-up the conversation with a thankyou letter. In your thank-you letter, summarize the key points of the discussion and spell out areas of agreement and disagreement. Indicate that you will be back in touch soon to check on

Keep the League informed. Always send copies of your correspondence to and from legislators to the League. League staff can work more effectively with your legislators when we know what you’ve said and received in return.

Municipal Tax Payments

The SD Department of Revenue – Business Tax Division’s intent is to have your municipal tax payments reach you near the 15th and the 30th of each month. If the 15th or the 30th falls on a Saturday, Sunday or holiday, this date will be moved to the next business day. The checks sent on the 15th of the month will be for the approximate time period of the 21st through the end of the previous month and checks sent on the 30th will be for the approximate time period of the 1st through the 20th of the current month. Example: Checks/Electronic ACH’s sent on the 15th of December is for November 21-30. Checks/Electronic ACH’s sent on the 30th of December is for December 1-20.

Additional information regarding municipal tax is available at http://dor.sd.gov/businesses/taxes/ municipal-tax/

If you have any questions, please contact the Department of Revenue – Business Tax Division at bustax@state.sd.us or at 1-800-829-9188.

How to Track a Bill Online During the 2020 Session

Step 1

Go to the Legislative Research Council website at: http://sdlegislature.gov/.

Step 2

Click on “Session” on the top of the page and then select “2019 Bills.” (Due to the website not yet being updated, these photos are from 2019.)

Step 3

If you click on “Quick Find” you are able to type in the bill number.

If you aren’t sure of the bill number then you can do a text search or look through the subject index.

Step 4

After you’ve found the bill you want to track, you can click on the bill and see a page like the one here (since no bills are entered yet for 2020 we’ve used an example from a previous session). You’ll see the sponsors of the bill, a short explanation of the bill, the date it was first introduced and the committee it was assigned to.

If the bill is scheduled for hearing you will see that date next. The information following the hearing will indicate the dates and any action taken – debate and/or action in a committee, possible amendments to the bill, debate and/or action in the Full Senate or House, etc.

Within the page of the bill you can view many other things. If you click on a vote total you can view how a Legislator voted. If you want to listen to the actual testimony/debate click on the Public Broadcasting symbol to the right.

If you want to read the full text of the bill click on the “Bill Text Versions” at the bottom of the page. 12 JANUARY 2020

SOUTH DAKOTA MUNICIPALITIES

JANUARY 2020 2017

x The Senate President or Speaker of the House then assign ns the bill to a committee.

x At a First Read ding th he bill's number and title are read aloud.

x The bill is given a Firs F t Reading in the "House off Origin". The "House of Origin" is the chamber that sponsored the bill.

ÂŠ Defer the bill to the day after the last Legislative Day, which also kills the bill.

ÂŠ "Table" the bill, which kills the billl, unless the full body orders the committee to send the bill to the floo or ("Smoke-Out"), or

ÂŠ Send the bill to the floor with a "Do Pa P ss" recommendation n,

x The committee hass the follow ll in i g optio i ns :

x If the Legislature succeeds in overriding the veto, the bill becomes law.

x If vetoed by the Governor, the Legislature has an opportunity to decide whether to override or uphold the veto.

x If signed by the Governor, the bill becomes law. x If it passes, the bill is sent to the other body, where it goes through the same introducttion and committee processes.

Law x If a bill passes both the House and Senate, it is sent to the Governor.

Debate x If a bill reaches the floor, it is debated and voted on by the body.

Reprinted from the South Dakota Legislative Research Council http://sdlegislature.gov/docs/studentspage/idealaw.pdf.

x The idea can come from anyone, but only a State Representa t tive or State Senator can c take the idea and guide it to final passagee through the State Legislature.

x A bill may be filed by any member of the House or Senate, and generally more than one legislator will sponsor a bill. The legislator whose name appears first on the bill is the "prime sponsor."

x The drafting off the idea into a bill is done by the Legislative Research Council, the permanent, nonpartisan stafff of the Legislature.

x A bill is simply an idea that someone would like to see become law.

x It could be anythin i g from the penalty for committing a crime to the amount of mo oney that can be spent on a state program.

Committee x A committee's responsibility is to examine a bill carefully, take testimony for and against the bill, and decide what to do with the bill.

Introduction n x A bill is given to the Chief Clerk of the House or the Secretary of the Senate and is assiggned a number. If the bill is sponsored by a Senator, it is a Sen nate Bill. If the bill is sponsored by a Representative, it is a House Bill.

Drafting

Idea

HOW AN IDEA E BECOMES LAW

District 1 1 1

Sen. Susan Wismer

Rep. Steven McCleerey Rep. Tamara St. John

Address

Home Phone

45708 116th St., Sisseton, SD 57262

605-698-7478

PO Box 147, Britton, SD 57430

605-448-5189

702 Old Agency Dr. #142, Sisseton, SD 57262

Sen. Brock Greenfield

507 N. Smith St., Clark, SD 57225

Rep. Kaleb W. Weis

2403 Bunker Dr, Aberdeen, SD 57401

Rep. Lana Greenfield

605-268-0920 605-532-4088

PO Box 143, Doland, SD 57436

605-635-6932

Sen. Al Novstrup

1705 Northview Ln., Aberdeen, SD 57401

605-360-9711

Rep. Carl E. Perry

2722 Railroad Circle, Aberdeen, SD 57401

605-262-0113

Rep. Drew Dennert

902 S. High St., Aberdeen, SD 57401

605-252-1008

Sen. John Wiik

PO Box 95, Big Stone City, SD 57216

605-880-1440

Rep. John Mills

21730 464th Ave., Volga, SD 57071

605-826-4290

Rep. Fred Deutsch

16452 449th Ave, Florence, SD 57235

605-882-3323

Sen. Lee Schoenbeck

419 54th St. SW, Watertown, SD 57201

605-866-0010

Rep. Nancy York

921 8th Ave. NE, Watertown, SD 57201

605-753-6611

Rep. Hugh Bartels

1244 N. Maple, Watertown, SD 57201

Sen. Ernie Otten

46787 273rd, Tea, SD 57064

Rep. Herman Otten

27543 468th Ave., Lennox, SD 57039

Rep. Isaac Latterell

605-886-5460

PO Box 801, Tea, SD 57064

605-368-5716 605-368-1002 605-941-1770

Sen. V.J. Smith

PO Box 742,, Brookings, SD 57006

605-697-5822

Rep. Tim Reed

627 Medary Ave., Brookings, SD 57006

605-691-0452

Rep. Doug Post

21692 466th Ave, Volga, SD 57071

Sen. Jordan Youngberg

3661 Coves North Dr., Chester, SD 57016

605-254-3051

Rep. Marlie Wiese

520 NE 15th St., Madison, SD 57042

605-270-0786 605-526-4269

Rep. Randy Gross

48006 221st St, Elkton, SD 57026

Sen. Wayne Steinhauer

26581 East Shore Place, Hartford, SD 57033

Rep. Rhonda Milstead

46273 Park Pl., Hartford, SD 57033

Rep. Michael Slaba

26560 N Shore Pl, Hartford, SD 57033

605-526-5000

Sen. Margaret Sutton

408 N. Linwood Ct., Sioux Falls, SD 57103

605-929-1592

Rep. Steven Haugaard

47629 258th St., Sioux Falls, SD 57104

605-332-1171

10 14

Legislator

2020 Legislators By District

Rep. Doug Barthel

8713 E. Palametto St., Sioux Falls, SD 57110

605-940-5633

SOUTH DAKOTA MUNICIPALITIES

District 11 11 11

Legislator

Address

Home Phone

Rep. Chris Karr

7421 W. Luke Dr., Sioux Falls, SD 57106

605-695-0391

Sen. Jim Stalzer Rep. Mark Willadsen

5909 W. Bristol Dr., Sioux Falls, SD 57106 7712 W. Benelli Cir., Sioux Falls, SD 57106

605-838-0354 605-361-6104

Sen. R. Blake Curd

38 S. Riverview Hts., Sioux Falls, SD 57105

605-331-5890

Rep. Manny Steele

3220 W Zephyr Pl, Unit 1, Sioux Falls, SD 57108

605-335-7036

Rep. Arch Beal

4001 W. 74th St., Sioux Falls, SD 57108

605-336-3034

Sen. Jack Kolbeck

1124 E. Plum Creek Rd., Sioux Falls, SD 57105

605-332-6490

Rep. Sue Peterson

6405 S. Killarney Cir., Sioux Falls, SD 57108

605-371-1668

Rep. Kelly Sullivan

1004 S. Dakota Ave., Sioux Falls, SD 57105

14 14

Sen. Deb Soholt Rep. Erin Healy

2628 E. Regency Ct., Sioux Falls, SD 57103 1509 S. Frederick Dr., Sioux Falls, SD 57105

605-321-5931 605-212-9597

Sen. Reynold Nesiba

802 S. Willow Ave., Sioux Falls, SD 57104

605-371-6311

Rep. Linda Duba

421 N Phillips Ave. Apt 309, Sioux Falls, SD 57104

605-610-6590

14 15

Rep. Larry Zikmund Rep. Jamie Smith

2405 E. 52nd St., Sioux Falls, SD 57103

512 N. Euclid Ave., Sioux Falls, SD 57104

605-351-4733

Sen. Jim Bolin

403 West 11th St., Canton, SD 57013

605-261-9669

Rep. Kevin Jensen

27808 484th Ave., Canton, SD 57013

605-987-4296

Rep. David Anderson

29177 477th Ave., Hudson, SD 57034

605-310-1645

Sen. Arthur Rusch

PO Box 312, Vermillion, SD 57069

605-624-8723

Rep. Ray Ring

607 Sterling St., Vermillion, SD 57069

605-675-9379

Rep. Nancy Rasmussen

28639 458th Ave., Hurley, SD 57036

Sen. Craig Kennedy

101 W. 31st St., Yankton, SD 57078

Rep. Ryan Cwach

909 W 13th St., Yankton, SD 57078

Rep. Jean Hunhoff

VACANT

Rep. Kyle Schoenfish

2511 Mulligan Dr., Yankton, SD 57078

605-238-5321 605-661-0128 605-665-1463

Rep. Kent Peterson

720 N. Dakota St., Salem, SD 57058

605-425-3299

Sen. Joshua Klumb

26296 401st Ave., Mount Vernon, SD 57363

605-770-9708

Rep. Paul R. Miskimins

1225 Summit Dr., Mitchell, SD 57301

605-996-7222

Rep. Lance Koth

42472 Maxwell Rd., Scotland, SD 57059 1311 Firesteel Dr., Mitchell, SD 57301

605-660-6468 605-996-9206

Sen. Rocky Blare

31176 269th St., Ideal, SD 57541

605-842-1617

Rep. Lee Qualm

27507 John Qualm Rd., Platte, SD 57369

605-337-3682

21 JANUARY 2020 2017

Rep. Caleb Finck

40976 294th St., Tripp, SD 57376

605-933-2042 15

District 22 22 22

Address

Rep. Roger Chase

20451 398th Ave., Huron, SD 57350

Sen. Jim White

Rep. Bob Glanzer

1145 Beach Circle NE, Huron, SD 57350

Home Phone 605-352-8184

1034 Michigan Ave. SW, Huron, SD 57350

605-352-0829

Sen. John Lake

1105 E Garfield Ave., Gettysburg, SD 57442

605-765-9547

Rep. James “JD” Wangsness

PO Box 21, Miller, SD 57362

605-853-3493

Rep. Spencer Gosch

104 N. Riverview Dr., Glenham, SD 57631

605-230-0313

Sen. Jeff Monroe

127 W. Dakota Ave., Pierre, SD 57501

605-224-0264

Rep. Tim Rounds

1813 Abbey Rd., Pierre, SD 57501

605-224-6588

Rep. Mary Duvall

PO Box 453, Pierre, SD 57501

605-224-4070

Sen. Kris Langer

600 W 7th St., Dell Rapids, SD 57022

605-428-4929

Rep. Tom Pischke

503 E. 12th St., Dell Rapids, SD 57022

605-999-2948

25 26

26A 26B

Rep. John Hansen

47484 Dells Dr., Dell Rapids, SD 57022

Sen. Troy Heinert

PO Box 634, Mission, SD 57555

Rep. Rebecca Reimer

138 S. Main St., Chamberlain, SD 57325

Rep. Shawn Bordeaux Sen. Red Dawn Foster

PO Box 165, Pine Ridge, SD 57770

Rep. Peri Pourier

PO Box 3041 Pine Ridge, SD 57770

Rep. Steve Livermont

605-610-8063 605-856-5045

PO Box 283, Mission, SD 57555

27 27

28765 237th Ave., Martin, SD 57551

605-685-6998 605-877-1238

Sen. Ryan Maher

PO Box 237, Isabel, SD 57633

605-466-2131

28B

Rep. Sam Marty

16692 Antelope Rd., Prairie City, SD 57649

605-866-4477

28A

Rep. Oren Lesmeister

HC 76 Box 23, Parade, SD 57625

Sen. Gary Cammack

PO Box 100, Union Center, SD 57787

Rep. Kirk Chaffee

PO Box 280, Whitewood, SD 57793

Rep. Thomas Brunner

18769 Quin Rd., Nisland, SD 57762

Sen. Lance Russell

PO Box 184, Hot Springs, SD 57747

Rep. Tim Goodwin

12870 J. Pine Rd., Rapid City, SD 57702

Rep. Julie Frye-Mueller

605-257-2336

23764 Wallace St., Rapid City, SD 57702

605-342-2782 605-722-5559

605-390-5324

Sen. Bob Ewing

PO Box 607, Spearfish, SD 57783

Rep. Dayle Hammock

PO Box 1042, Spearfish, SD 57783

605-722-3189 605-490-1040

Rep. Timothy Johns

110 S. Main St., Lead, SD 57754

Sen. Helene Duhamel

1622 West Blvd., Rapid City, SD 57701

605-342-2078

Rep. Scyller J. Borglum

PO Box 3094, Rapid City, SD 57709

605-519-0500

32 16

Legislator

Rep. Chris Johnson

2526 Grandview Dr., Rapid City, SD 57701

605-342-1587

SOUTH DAKOTA MUNICIPALITIES

District 33 33 33

Legislator

Address

Rep. Taffy Howard

530 Westberry Dr., Rapid City, SD 57702

Sen. Phil Jensen

10215 Pioneer Ave., Rapid City, SD 57702

Rep. David Johnson Sen. Jeffrey Partridge

7174 Prestwick Rd., Rapid City, SD 57702

Rep. Jess Olson

3115 Stockade Dr., Rapid City, SD 57702

Rep. Michael G. Diedrich

VACANT

Rep. Tony Randolph

Rep. Tina Mulally

4884 Cliff Dr., Rapid City, SD 57702

6390 Long View Rd., Rapid City 57703 5530 Colvin Ct., Rapid City, SD 57703

Important Legislative Information:

Senate Phone: 605-773-3821

605-209-7404

PO Box 3403, Rapid City, SD 57709

34 34

Home Phone

House Phone: 605-773-3851

605-301-4803 605-343-0735

605-545-6572

Lobbyist Phone: 605-224-5030

Legislative Research Council’s website: http://sdlegislature.gov/ Yvonne’s email: yvonne@sdmunicipalleague.org

JANUARY 2020 2017

2020 MUNICIPAL ELECTION CALENDAR

APRIL 14

The dates to the right are the only date options for annual municipal elections. There are no other date options. The school may request to combine with you on any of these dates. If you intend to combine with the County for the June 2nd Primary Election, you need to follow the City/School combining with the County Primary Election Calendar. The dates are to the right, on this calendar, will not reflect the dates you have to follow for a combined Primary Election on June 2nd.

Second Tuesday in April (a school may combine with you on this date)

Deadline for the governing board to establish the election date if they choose a different date than the 2nd Tuesday in April. (9-13-1 & 9-13-1.1 & 9-13-1.2 & 13-7-10)

No later than January 14

Publish notice of vacancies and time and place for filing petitions each week for two consecutive weeks. (9-13-6, 9-13-40 & 05:02:04:06 & 13-7-5)

Between the dates of January 15th & 30th

Between the dates of Feb. 15th & March 1st

Between the dates of March 15th & 30th

Earliest date to begin petition circulation and earliest date to file nominating petition. (9-13-9, 9-13-40, 9-13-37, 13-7-6; ARSD 05:02:08:13 and 05:02:08:11)

January 31st

March 1st

April 7th

Deadline for filing nominating petition. If this is a Friday, please plan accordingly to be available to accept petitions. Registered mail is acceptable if postmarked by the deadline date and time. (9-13-7, 9-13-40, 9-13-37, 13-7-6)

Feb. 28th 5:00 pm

March 31st 5:00 pm

May 8th 5:00 pm

Deadline for submission of written request to withdraw candidate's name from nomination. If you will not have an election, you DO NOT have to publish anything further or notify our office. (9-13-7.1, 13-7-7 & 05:02:07:05) Remember to issue certificates of election. See page 2 for more info.

Feb. 28th 5:00 pm

March 31st 5:00 pm

May 8th 5:00 pm

Deadline for Candidates, in first class municipalities only, to file the Candidate Financial Interest Statement with the person in charge of the election. (12-25-30) A sample form can be found at sdsos.gov.

Within 15 days of filing nominating petition

Have you ordered your election kit? McLeodâ€™s Printing in Mitchell (605-996-5151) is the only company in SD that sells election kits. Check to see if you need to order absentee ballot combined envelopes. (05:02:10:01.03)

Order so you receive before absentee voting begins

Once you know you have an election, drawing for candidate order on the ballot needs to be conducted. Each candidate may be present. (9-13-21)

Draw after petition filing deadline

Donâ€™t forget to have your governing board appoint your Election Board. (9-13-16.1 & 05:02:05:11.01) You may use high school seniors (must be 18 years old). (13-27-6.1) Compensation for election board. (9-13-16.1)

Anytime

First publication of voter registration notice. Must be published for two consecutive weeks. (12-4-5.2 & 05:02:04:04)

Between the dates of March 9th & 13th

Between the dates of April 27th & May 1st

Between the dates of May 11th & 15th

Second publication of voter registration notice. The last publication to be not less than ten nor more than fifteen days before the deadline for registration. (12-4-5.2 & 05:02:04:04)

Between the dates of March 16th & 20th

Between the dates of May 4th & 8th

Between the dates May 18th & 22nd

March 30th by 5:00 pm

May 18th by 5:00 pm

June 1st by 5:00 pm

(NOTE: confirm that all notices have been received and published by the paper ask for a confirmation email)

Deadline for voter registration. (12-4-5) South Dakota Secretary of State

JUNE 2 First Tuesday after the first Monday in June (may combine with School)

JUNE 16 Must combine with the school on the third Tuesday in June

last updated August 28, 2019

SOUTH DAKOTA MUNICIPALITIES

Absentee ballots must be made available no later than 15 days prior to the election (9-13-21). Sample ballots must be printed on yellow paper and we encourage you to put the word SAMPLE on the sample ballot. The paper ballot form can be found at 05:02:06:12. The optical scan ballot can be found at 05:02:06:10.

March 30th

May 18th

June 1st

Publish notice of election that needs to be published each week for two consecutive weeks. First publication must be at least 10 days before the election. (9-13-13 & 05:02:04:08) (Note: May 25th is Memorial Day)

Weeks of March 30th & April 6th

Weeks of May 18th & May 25th

Weeks of June 1st & June 8th

Publish facsimile ballot in the calendar week before the election. The calendar week falls from the Monday to the Saturday of the week prior to the Tuesday of Election Day. (9-13-13 & 12-16-16.2 talks about the size for publication)

Week of April 6th

Week of May 25th

Week of June 8th

If using optical scan ballots: Not more than ten days prior to an election, the person in charge of the election shall conduct a test of the automatic tabulating equipment. Notice of the test, must be published at least 48 hours prior to the test. (12-17B-5 & 05:02:09:01.01)

Conduct test anytime between April 4th - 13th

Conduct test anytime between May 23rd – June 1st

Conduct test anytime between June 6th – 15th

April 13th by 5:00 pm

June 1st by 5:00 pm

June 15th by 5:00 pm

APRIL 14

JUNE 2

JUNE 16

until 3:00 pm

APRIL 14

JUNE 2

JUNE 16

April 21st

June 9th

June 23rd

Within 2 days after canvass

Within 15 days of taking oath of office

Deadline for a voter to absentee vote in-person. A voter, who is confined due to sickness or disability, may request an absentee ballot via authorized messenger until 3:00 pm the day of the election. The ballot must be returned to you in time for your or your staff to get it to the proper polling location by 7:00 pm.

ELECTION DAY. Polls open 7:00 am to 7:00 pm. (9-13-1, 13-7-10) The person in charge of the election MUST BE AVAILABLE from 7:00 am until the ballots have been counted and all election materials and supplies have been returned to person in charge of the election. Deadline for official canvass. (9-13-24) Issue certificates of election. (9-13-5 & 9-13-28; 05:02:15:08 & 05:02:15:09) In a first class municipality, an official must file an Elected Official Financial Interest Statement (3-1A-4). The financial interest statement is filed with the person in charge of the election and a sample form can be found at sdsos.gov.

Oaths of Office: There is nothing in Administrative rule that outlines the form/wording of an oath of office. Please work with your (city or school, depending on which calendar) attorney to write the oath. Also, there is nothing that clearly guides you as to when your officials must take the oath. Work with your attorney regarding this. Reference SDCL 9-14-5 for qualifying for office. Note: If the municipal election is combined with a school election on a date other than the 2nd Tuesday in April, all dates follow SDCL 13-7 (except when combined with the county for a primary election). When combining, make sure to have a written agreement with the other jurisdiction determining who is responsible and who is paying for each election process. Ballot color for combined elections: If combining, one ballot must be white, and the other jurisdiction will use a contrasting color (do not use yellow as that is the color for sample ballots). ARSD 05:02:06:18 Notify County Auditor: Contact your county auditor when you know you will have an election and ask if he/she can be available from 7:00 am to 7:00 pm on that date to answer questions regarding voter registration. (SDCL 7-7-2) Missed Election Notices: We do encourage any jurisdiction that misses a publication to try to get it published and post the notice around their jurisdiction. The notice would still be considered late and the election could still be challenged. Make sure to contact your city attorney if you miss a notice. Petitions: If you intend to check the registration status of the candidate and/or petition signers (you are not required by law to do this), you must do it for all petitions and all signers, go to: http://cityandschoollookup.sdsos.gov/Login.aspx . If you forgot your username and password, or never had one, contact the Secretary of State’s Election Team and we will provide one to you. Contact a member of the Secretary of State’s Election Team with any questions at Elections@state.sd.us or 605-773-3537. Additional election information can be found at: https://sdsos.gov . Click on Elections and Voting then the City/School Resources button. First Class Municipalities: Aberdeen, Belle Fourche, Box Elder, Brandon, Brookings, Harrisburg, Huron, Madison, Mitchell, Pierre, Rapid City, Sioux Falls, Spearfish, Sturgis, Vermillion, Watertown and Yankton. Home Rule Municipalities: Aberdeen, Beresford, Brookings, Elk Point, Faith, Ft. Pierre, Pierre, Sioux Falls, Springfield and Watertown. South Dakota Secretary of State

JANUARY 2020 2017

last updated August 28, 2019

Municipal Elections: Q & A

Refer to the 2020 Municipal Elections Handbook for additional information. The handbook can be found on the SDML website at https://www.sdmunicipalleague.org/ under the Library section then Elections.

How is a candidate for municipal office nominated?

For the second Tuesday in April election, no candidate for elective municipal office may be nominated unless a nominating petition is filed with the finance officer no later than five p.m. on the last Friday in February preceding the day of election. The petition shall be considered filed if it is mailed by registered mail by five p.m. on the last Friday in February before the election. The petition shall contain the name, residence address, and mailing address of the candidate and the office for which the candidate is nominated and shall be on the form prescribed by the State Board of Elections. The signer's post office box number may be given in lieu of a street address if the signer lives within a municipality of the second or third class. The finance officer may only accept nominating petitions that are on the prescribed form and were circulated and submitted pursuant to the provisions in chapters 9-13 and 12-6. If the nominating petition meets the statutory

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requirements, the filing of the petition constitutes nomination. (SDCL 9-13-7).

The statutes for combined election dates, regarding filing deadlines, can be found at SDCL 9-13-37, 9-13-40, 13-7-5 and 13-7-6. How many signatures are required on a nominating petition for a municipal election?

In municipalities of the first and second class, if the candidate is to be voted for by the voters at large, a nominating petition shall be signed by five percent of the registered voters of the municipality based on the number of registered voters recorded by the county auditor on the second Tuesday in January of the year of the election. No petition needs to be signed by more than fifty voters. If the candidate is to be voted for by the voters of a ward or subdivision of a municipality of the first or second class having more than one ward or subdivision, a nominating petition shall be signed by five percent of the registered voters of the ward based on the number of registered voters recorded by the county auditor on the second Tuesday in January of the year of the election. No petition needs to be signed by more than fifty voters.

In municipalities of the third class, if the candidate is to be voted for by the voters at large, the nominating petition shall be signed by not less than three registered voters of the municipality. If the candidate is to be voted for by the voters of a ward of a municipality having more than one ward, the nominating petition shall be signed by not less than three registered voters of the ward. No nominating petition may be circulated until on or after the first day of circulation for that election (SDCL 9-13-9). All petition signers must be active registered voters in the municipality where the candidate is being nominated. All petition signers may only sign one petition for each office to be filled (SDCL 12-6-8), with the exception of a voter from a third class municipality is not restricted to the number of petitions which the person may sign (SDCL 913-9).

If a person signs more than one petition (except in a third class municipality) the first valid signature presented counts. 5:02:08:00.04. Validity of petition signature when signer has signed more petitions than offices to be nominated. The first signature presented to the filing office which meets the requirements of SDCL 12-6-8 and §§ 5:02:08:00 and 5:02:08:00.01 is valid. The same signature which meets the requirements of SDCL 12-6-8 and §§ 5:02:08:00 and 5:02:08:00.01 on the next nominating petition presented to the filing office may also be valid if the person has not signed SOUTH DAKOTA MUNICIPALITIES

petitions exceeding the number of candidates required to be nominated for the same office. Any subsequent signature by such person on a nominating petition presented to the filing office that exceeds the number of candidates required to be nominated for the same office is not valid, except as provided in SDCL 9-13-9.

Can anyone circulate a petition?

Yes, as long as the person is a South Dakota resident and at least 18 years of age (ARSD 5:02:08:13, SDCL 12-1-3 (9)). A circulator can sign the petition they are circulating.

May a candidate withdraw after filing a petition?

Yes. Any person who has filed a nominating petition pursuant to SDCL 9-13-7 may withdraw from the nomination by a written request, signed by the person and properly acknowledged and filed with the finance officer of the municipality. The name of a withdrawn or deceased candidate may not be printed on the ballot if the candidate withdraws or dies no later than five p.m. on the deadline day for filing nominating petitions (9-13-7.1).

If death or withdrawal of a candidate or candidates occurs at any time prior to five p.m. on the deadline day for filing nominating petitions results in there being no contest on the ballot, that ballot need not be voted. In addition, if that contest constitutes the only ballot to be voted upon, then the election shall be canceled by the official in charge of the election and the unopposed candidate shall be issued a certificate of election (9-13-7.1).

the postsecondary education, or is on active duty as a member of the armed forces whose home of record is within the municipality. A voter’s qualification as a resident may be challenged in the manner provided in SDCL 12-18-10. No election may be contested on the grounds that any nonresident was allowed to vote if the nonresident was not challenged in the manner provided in SDCL 12-18-10.

SDCL 12-1-4 explains: 12-1-4. Criteria for determining voting residence. For the purposes of this title, the term, residence, means the place in which a person has fixed his or her habitation and to which the person, whenever absent, intends to return. A person who has left home and gone into another state or territory or county of this state for a temporary purpose only has not changed his or her residence. A person is considered to have gained a residence in any county or municipality of this state in which the person actually lives, if the person has no present intention of leaving. If a person moves to another state, or to any of the other territories, with the intention of making it his or her permanent home, the person thereby loses residence in this state.

What if only one candidate files for office?

No election shall be held in any municipality, or ward thereof, wherein there is no question to be submitted to the voters or wherein there are no opposing candidates for any office; in case there are no opposing candidates the auditor or clerk shall issue certificates of election to the nominees, if any, in the same manner as to successful candidates after election (SDCL 9-13-5). Who is eligible to vote in a municipal election?

SDCL 9-13-4.1 explains: 9-13-4.1. Registration and residence required to vote in municipal election—Residence defined—Challenge—Contest of election. No person may vote at any municipal election unless the person is registered to vote pursuant to chapter 12-4 and resides in the municipality at the time of the election. For the purposes of this section, a person resides in the municipality if the person actually lives in the municipality for at least thirty days each year, is a full-time postsecondary education student who resided in the municipality immediately prior to leaving for JANUARY 2020 2017

What does it mean when it says a person must qualify for office? In order to qualify, a person must:

A. B.

Be a qualified voter of the municipality (9-14-2); Reside in the municipality three months before the election (SDCL 9-14-2). If the person has resided in an area annexed, pursuant to chapter 94, for at least three months, he may hold any municipal office. Not be a defaulter to the municipality (an individual that held a municipal position and absconded with city funds during their term of office; page 5-6 of SDML Handbook for Municipal Officials). This section does not apply to appointive officers (SDCL 9-14-2). Take an oath of office and give a bond (SDCL 31-5).

Alderman candidates must be registered voters and residents of the ward they are running for when nominated (SDCL 9-8-1.1).

The person in charge of the election is responsible for notifying the person elected what they need to do to qualify. 9-13-28. Notice to persons elected—Time allowed for qualification. The finance officer, within two days after the result of the election is declared, shall notify each person elected to office of the person’s election. If a person does not qualify by filing an oath or affirmation of office in the usual form provided by law within ten days after the first meeting of the month next succeeding the election, the office becomes vacant.

If an official fails to qualify then a vacancy is created pursuant to SDCL 3-4-1: 3-4-1. Events causing vacancy in office. An office becomes vacant if one of the following events applies to a member of a governing body or elected officer before the expiration of the term the office; the person:

(1) Dies; (2) Resigns; (3) Is removed from office; (4) Fails to qualify as provided by law; (5) Ceases to be a resident of the state, district, county, municipality, township, ward, or precinct in which the duties of the office are to be exercised or for which elected; (6) Is convicted of any infamous crime or of any offense involving a violation of the official oath of the office; or (7) Has a judgment obtained against the person for a breach of an official bond.

Who determines what size campaign signs can be, when they can be put up and when they have to be taken down? That is up to the local government to establish rules governing dates and sizes.

Please also note that, unless the city has adopted campaign finance laws or ordinances, a candidate does not have to put “paid for by…” on the campaign materials.

Who selects and pays for election officials?

Each voting precinct shall be presided over by an election board consisting of a minimum of two precinct deputies and one precinct superintendent appointed by the governing body (if your wards all use the same polling place you only need to appoint one election board, SDCL 9-13-36). Each precinct superintendent and precinct deputy shall receive compensation which shall be fixed by the governing body (9-13-16.1). The state board of elections has adopted a form to be used in appointing election officials for school or municipal elections (05:02:05:11). Refer to the kinship chart at h t t p s : / / s d s o s . g o v / e l e c t i o n s voting/assets/DegreeOfKinshipChart2018.pdf when considering who you can appoint as your election officials. Certain relatives of candidates are prohibited from serving on election and counting boards. No person may serve on an election or counting board who is a candidate or related by blood or marriage within the second degree to a candidate who is on the ballot in that precinct (SDCL 12-15-14.3). Federal regulations have a special exception for Election Workers – you do not need to withhold Social Security or Medicare from their paychecks if they earn less than $1600 and do not hold any other city position. No 1099 needs to be issued. If the individual earns more than $1600 or their election pay plus their wage from their other city position is more than $1600 then you follow normal procedure for withholdings.

Any precinct superintendent or precinct deputy appointed under the provisions of SDCL 12-15-1 shall be a registered voter and a resident of the precinct for which the person is appointed. If, by the time prescribed in SDCL

SOUTH DAKOTA MUNICIPALITIES

12-15-1, a sufficient number of members of the precinct election board are unable to be appointed, a vacancy may be filled by appointing any registered voter of the county in which the precinct is located provided the voter meets the party distribution required by SDCL 12-15-3 (SDCL 12-15-2). What constitutes an official canvass?

The election returns shall be reported as soon as possible to the finance officer, and within seven days of the election, the governing body shall canvass the election returns, declare the result, and enter the result on its journal (SDCL 9-13-24).

Please note that the voter registration list is considered a public record.

A quorum of council needs to be present for the canvas since a majority vote to approve the canvas needs to be taken and recorded.

The person in charge of the election can destroy the voted ballots and pollbook from a non-federal election sixty days following the election. However, they may not be destroyed if a recount or contest of the election is pending (SDCL 12-20-31).

What is the procedure for absentee voting?

The application, receipt for absentee ballot, guidelines for acceptance, combined application return envelope, envelope for transmitting application, envelope for sending ballots, instructions to voter, official return envelope for ballots, official record of absentee ballots delivered to voters and envelopes for use with voting service and overseas ballots can all be found at ARSD 05:02:10.

Any registered voter may vote by absentee ballot in one of two ways – in person or by mail. Voters do not need to provide a reason in order to absentee vote (SDCL 12-191). It is important to note that absentee ballots have to be available no later than 15 days prior to the Election Day (SDCL 9-13-21).

An absentee voter desiring to vote by mail may apply to the person in charge of the election for an absentee ballot. The application or request shall be made in writing and be signed by the applicant and state the applicant’s voter registration address. The application or request (except from overseas military or overseas citizen voters) shall contain an oath verifying the validity of the information contained in the application or request. The oath shall be

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administered by a notary public or other officer authorized by this state to administer an oath or administered by an out-of-state notary public. If the application or request does not contain an oath, the application or request shall be accompanied by a copy of the voter’s identification card as required by § 12-18-6.1.The application or request may be used to obtain an absentee ballot for all elections in that calendar year conducted by the jurisdiction receiving the application or request if so indicated (SDCL 12-19-2). If you receive an absentee ballot application that also indicates other elections that they want a ballot for, please make sure to send a copy of the application to those jurisdictions.

At any time prior to an election, a voter may apply in person at the office of and to the person in charge of the election for an absentee ballot during regular office hours up to 5:00 p.m. on the day before the election (SDCL 1219-2.1). If the voter applies in person, the voter shall complete a combined absentee ballot application/return envelope and show the person in charge of the election the voter’s identification card as required in SDCL 12-18-6.1 or complete the affidavit as provided in SDCL 12-18-6.2.

In the event of confinement because of sickness or disability, a qualified voter may apply pursuant to the provisions of SDCL 12-19-2 in writing for and obtain an absentee ballot by authorized messenger so designated

over the signature of the voter. The person in charge of the election may deliver to the authorized messenger a ballot to be delivered to the qualified voter. An application for a ballot by authorized messenger must be received by the person in charge of the election before 3:00 p.m. the day of the election. If an application designating an authorized messenger also indicates a request for an absentee ballot for any future election, such absentee ballot shall be mailed to the address provided on the application. If no address is provided, the ballot shall be mailed to the person’s voter registration address (SDCL 12-19-2.1).

The voter must sign a statement on the absentee ballot envelope prior to returning the ballot. All voted ballots must be returned to the person in charge of the election in time to be delivered to the appropriate polling place prior to the closing of the polls.

Any voter identified as being covered by the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) as of January 1, 2011, may submit an application or request for an absentee ballot by facsimile or emailed image to the person in charge of the election. The secretary of state may authorize a person in charge of an election to accept an application or request for absentee ballot pursuant to this section through the system provided by the Office of the Secretary of State (SDCL 12-19-2.3).

SOUTH DAKOTA MUNICIPALITIES

A finance officer is not authorized in law to go to nursing facilities or care centers etc. to help citizens vote absentee. Those individuals need to request an absentee ballot through the regular process. A finance officer or other city employee would be able to drop off absentee ballot applications. Only if a voter puts the finance officer as their authorized messenger would the finance officer be able to bring a ballot to them to vote. We encourage finance officers to not do this since you are the person in charge of running the election. The administrator at the facility could be the authorized messenger.

If any voter who had previously filed an application or request for an absentee ballot submits another application or request for the same election with an updated address, the county auditor shall send an absentee ballot to the new address. If any voter who had previously filed an application or request for absentee ballot appears at the county auditorâ€™s office, the voter may complete another application and be allowed to vote an absentee ballot. If any voter who filed an application or request for absentee ballot notifies the county auditor that the voter never received that ballot, the voter may request that another ballot be sent to the same address. The provisions of this section only apply to a person who has not voted or returned an absentee ballot (SDCL 12-19-2.4). If a registration form is received simultaneous with an

absentee ballot request and prior to the registration deadline, the absentee ballot provided shall be based on the submitted registration form (SDCL 12-19-3).

What is the procedure for combining elections with the school district or county?

With School District: The members of the governing body of a municipality may choose to hold a general municipal election in conjunction with a regular school district election. The combined election is subject to approval by the governing body of the school district. The combined election shall be held on the regular date set for either the general municipal election or the school district election and all dates associated with either election pursuant to chapters 9-13 and 13-7 shall be adjusted accordingly. Expenses of a combined election shall be shared in a manner agreed upon by the governing bodies of the municipality and the school district. All other governmental responsibilities associated with holding elections under the provisions of chapters 9-13 and 13-7 shall be shared as agreed upon by the governing bodies (SDCL 9-13-1.1).

With County: The members of the governing body of a municipality may choose to hold a municipal election in conjunction with the regular June primary election. The combined election is subject to approval by the county

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commissions of the counties in which the municipality is located. Expenses of a combined election shall be shared in a manner agreed upon by the governing body of the municipality and the county commissions involved. All other governmental responsibilities associated with holding elections under the provisions of chapter 9-13 and Title 12 shall be shared as agreed upon by the governing bodies. The finance officer shall publish the notice required in SDCL 9-13-6 between February fifteenth and March first. No nominating petition may be circulated for signatures until March first. Nominating petitions shall be filed under the provisions of SDCL 9-13-7 by the last Tuesday in March. The finance officer shall certify to the appropriate county auditor the candidate names and ballot language to be voted on by the first Thursday after the last Tuesday in March (SDCL 9-13-37). What are the hours for municipal elections?

The polls shall be opened at the hour of seven oâ€™clock a.m. and remain continuously open until seven oâ€™clock p.m., standard time or daylight savings time, whichever is in effect. However, no polling place may be closed at any election until all the voters who have presented themselves at the polling place inside or outside for the purpose of voting prior to the time of the closing of the polls shall have had time to cast their ballots (SDCL 12-2-3, 9-13-1).

Are candidates in municipal elections required to file financial interest statements?

Yes, if in a first class municipality. Every person elected or appointed to any civil office shall, before entering upon the duties thereof, qualify by taking an oath or affirmation to support the Constitution of the United States and of this state, and faithfully to discharge the duties of his office, naming it; and by giving a bond, when one is required, conditioned that he will faithfully and impartially discharge the duties of his office, naming it, and render a true account of all money, credits, accounts, and public personal property requiring inventory, as defined in rules issued by the commissioner of the bureau of administration, that shall come into his hands as such officer, and pay over and deliver the same according to law (SDCL 3-1-5). Any candidate for county commissioner, school board member in a school district with a total enrollment of more than two thousand students, or commissioner, council member, or mayor in any first class municipality, shall file a statement of financial interest with the office at which the candidate's nominating petitions are filed not more than fifteen days after filing the candidate's nominating petitions or, if otherwise nominated, not more than fifteen days after the candidate's nomination is certified. Any violation of this section is a petty offense. An intentional violation of this section is a Class 2 misdemeanor. (SDCL 12-25-30).

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Do any campaign finance reporting requirements apply to municipal elections?

Only for 1st class municipality ballot question committees or if a city has adopted campaign finance ordinances. Campaign finance requirements apply to each statewide office, legislative office, statewide ballot question, county offices and ballot questions in counties with population greater than ten thousand according to the most recent Federal census, ballot questions in first class municipalities, and school district offices and ballot questions in school districts with more than two thousand average daily membership. Any municipal or school district election covered by this chapter shall conform to the contribution limits applicable to legislative offices. This chapter does not apply to the unified judicial system, nor does this chapter apply to any township or special purpose district offices or ballot questions or elections for municipal offices. However, the governing body of any county, township, municipality, school district, or special purpose district not otherwise covered by this chapter may adopt an ordinance or resolution to make the provisions of this chapter, with or without amendments, applicable to county, township, municipal, school district, or special purpose district elections. (SDCL 12-27-39). Municipalities have the option of adopting provisions of

state law regarding campaign financing for organizations contributing to ballot question committees. If such an ordinance is adopted, information to be contained in the statements is contained in SDCL 12-27-19 and 12-27-22 through 28.

The Secretary of State’s office has campaign finance information available at https://sdsos.gov/electionsvoting/campaign-finance/default.aspx. Who can register voters?

The county auditor has complete charge of maintaining the voter registration records in the county. Voter registration shall be conducted by county auditors and municipal finance officers. Voter registration shall be available at the Secretary of State’s office and at those locations which provide driver’s licenses; food stamps; Temporary Assistance for Needy Families; women, infants, and children nutrition programs; Medicaid; military recruitment; and assistance to the disabled as provided by the Department of Human Services (SDCL 12-4-2). Voter registration forms can be printed at your local printing company or you can print the form off of the Secretary of State’s website. Go to www.sdsos.gov and click on Register to Vote under the Elections & Voting tab.

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Dell Rapids Receives Exceptional Project Award for Wastewater Treatment Improvements

Governor Kristi Noem and the South Dakota Department of Environment and Natural Resources (DENR) announce that the Dell Rapids Wastewater Treatment Facility Improvements project was selected as a 2019 Performance and Innovation in the State Revolving Fund Creating Environmental Success (PISCES) Exceptional Project by the Environmental Protection Agency for Region 8.

“Congratulations to the community of Dell Rapids for this special recognition,” said Gov. Noem. “This project was a huge success for the community allowing it to achieve compliance with wastewater discharge permit limits and ensure long-term system reliability. This is a well-deserved award and I am very proud of the work they have done.”

The PISCES Program nationally recognizes exceptional projects for water quality improvements, protection of public health, economic benefits, sustainability, or innovation. This project is one of only 13 projects recognized in 2019.

Dell Rapids’ outdated wastewater treatment facility needed improvements to prevent surface water discharge violations and ensure long-term system reliability. A sequencing batch reactor wastewater treatment facility was chosen as the best alternative to address the needs of the city. The new wastewater treatment plant began operation in early 2019 and is providing high quality wastewater effluent that meets discharge limits.

The Board of Water and Natural Resources awarded a $2,386,000 Clean Water State Revolving Fund loan and $3,372,000 in grants for the $5.8 million project.

The EPA requested each state nominate one project financed with a Clean Water State Revolving Fund loan for the national PISCES award. Projects nominated for the PISCES Award were to focus on a sophisticated approach to addressing water quality, creative financing mechanisms, and partnerships to leverage financing opportunities.

Rapid City Receives Exceptional Project Award for Water Expansion

Governor Kristi Noem and the South Dakota Department of Environment and Natural Resources (DENR) announce that the East Rapid City Water System Expansion project has been selected as a 2019 Drinking Water State Revolving Fund AQUARIUS Exceptional Project by the Environmental Protection Agency for Region 8. “Congratulations to Rapid City on their recent award,” said Gov. Noem. “This project was a unique partnership where Rapid City set out to serve more than 600 non-city residents located east of town. Those non-city residents were being served by water systems that were inadequate, unreliable, and failed to meet safe drinking water standards. This is a well-deserved award and I am very proud of their leadership to see this through.”

The AQUARIUS Program nationally recognizes projects for exceptional focus on sustainability and protection of public health. This project is one of only 10 projects recognized in 2019.

When Rapid City began planning to extend a new water line to the Regional Airport located east of the city, the DENR identified the potential to address the needs of small community water systems in the project area. Each system had known deficiencies including unreliable wells, inadequate water quantity, poor water quality, non-compliance with Drinking Water Quality Standards, and multiple Notices of Violations such as failing bacterial tests or the presence of radionuclides. More than five miles of water mains and a pressure reducing facility were constructed as part of the project to provide high quality drinking water from a reliable source to approximately 250 residences.

The total project cost was $7,537,800, and funding through the Board of Water and Natural Resources consisted of a state grant of $911,800 and a $5,126,000 Drinking Water State Revolving Fund loan with $3,375,000 in principal forgiveness. The remaining $1,500,000 was contributed by the city to bring water to the city’s Water Reclamation Facility.

The EPA requested each state nominate one project financed with a Drinking Water State Revolving Fund loan for the national AQUARIUS award. Projects nominated for the AQUARIUS Award were to focus on a sophisticated approach to addressing sustainability and protection of public health. And demonstrate the high level of innovation possible with the Drinking Water State Revolving Fund. 28

SOUTH DAKOTA MUNICIPALITIES

SD Transportation Commission Awards $4 Million in Economic Development Grants

The South Dakota Transportation Commission has awarded $4 million in economic development grants for infrastructure improvements to foster economic development and enhance community access in South Dakota. The economic development grant program funds awarded will improve roads leading to schools, main business areas, hospitals, grain elevators and other economic areas in the communities. The grants pay for 80% of the construction costs, up to a maximum of $600,000.

Community Access Grant recipients (available to communities with populations of less than 5,000): • City of Bowdle - $578,000 for Main Street which serves a business area. • City of Burke - $600,000 for Eighth, Ninth, and Jefferson Streets which serves the hospital. • City of Hurley - $600,000 for Center Avenue which serves a business area and the school. • City of Marion - $600,000 for Broadway Avenue which serves a business area. • City of Mission - $600,000 for Main, 3rd, and Rosebud Streets which serves a business area and the school. • City of Viborg - $600,000 for Park Avenue which serves a business area and the school. Industrial Park Grant recipients: • City of Volga - $239,000 for Industrial Drive which will provide access to seven businesses within their industrial park.

Agri-Business Grants recipients: • Garfield Township - $155,000 for 440th Avenue which will provide access to the Garfield Dairy. • Dolton Township - $54,800 for 445th Avenue which will provide access to a cattle facility.

State Historical Society Announces Spring Deadwood Fund Grant Applications

The South Dakota State Historical Society announces that the applications for the first round of the 2020 Deadwood Fund grant program are due on Feb. 1, 2020, for work beginning no earlier than May 1, 2020. Grant forms are available online at https://history.sd.gov/preservation/fundingopportunities.aspx.

The program is designed to encourage restoration or rehabilitation of historic properties by individuals, organizations, or public agencies, according to Jay D. Vogt, director of the State Historical Society, whose historic preservation office administers the program.

“It is one more way we can promote and protect our history and culture,” Vogt said.

Grants will be awarded in amounts ranging from $1,000 to $25,000. The grant amount must be matched at least on a dollarfor-dollar basis from nonfederal and nonstate sources. Nonprofit organizations will be allowed to use in-kind services for onehalf of their match.

In 2018, $117,000 was awarded among 10 projects, which had matching funds of $580,106. The resulting total public-private investment was $697,106.

Funding for the program is from Deadwood gaming revenue earmarked by state law for historic preservation projects throughout the state and distributed by the State Historical Society.

The second round of 2020 applications will be due Oct. 1, 2020, for work beginning no earlier than Jan. 1, 2021.

For more information on the South Dakota State Historical Society’s Deadwood Fund grant program, contact the State Historic Preservation Office at the Cultural Heritage Center, 900 Governors Drive, Pierre, SD 57501-2217; telephone 605-773-3458. JANUARY 2020 2017

Meth Prevention and Awareness Campaign Launches in South Dakota

There is a meth problem in South Dakota, and we need everyone on it.

Today, the State of South Dakota launched a statewide campaign to tackle the methamphetamine epidemic. The “Meth. We’re On It.ä” campaign aims to bring awareness to those who need help and friends and family of those who need help, while connecting community members who want to combat the issue locally.

“South Dakota’s meth crisis is growing at an alarming rate,” said South Dakota Gov. Kristi Noem. “It impacts every community in our state and threatens the success of the next generation. It is filling our jails and prisons, clogging our court systems, and stretching our drug treatment capacity while destroying people and their families. This is our problem, and together, we need to get on it.”

To combat the issue from a law enforcement standpoint, the state has implemented meth task forces in Sioux Falls and Pennington County. These two areas accounted for the majority of the state’s 2,242 arrests in the first eight months of 2019. Additionally, Gov. Noem’s FY20 budget request included more than $1 million in funding to support meth treatment services and more than $730,000 for school-

based meth prevention programming.

Prevention resources are a critical component of the mission as twice as many South Dakota 12-17 year-olds report using meth in the past year than the national average, according to the National Survey on Drug Use and Health. The “Meth. We’re On It.” campaign includes materials to aid educators and parents in youth engagement, equipping them with prevention tactics and other materials, while also encouraging them to join the movement.

“The campaign is inclusive and empowering and establishes a movement for all South Dakotans to take an active role in keeping our state a great place to live,” explained Laurie Gill, South Dakota Secretary of the Department of Social Services. “We’re encouraging everyone to work together to eliminate meth.”

Community members are encouraged to take action in their local areas and to have discussions, offer support and resources to those they may know struggling with meth, coordinate volunteer efforts to support partner organizations, and advocate for prevention programs.

The campaign includes state-wide advertising support through TV commercials, radio ads, billboards and social

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media. The comprehensive website, OnMeth.com, is a source for finding local resources targeting those who want to help the cause or need assistance in recovering from meth addiction. The impactful visuals of real South Dakotans simply but powerfully tell the story that meth is everyone’s problem, and that communities can band together to end its use in South Dakota.

“With about 83% of South Dakota’s 2019 court admissions for controlled substances being methamphetamine-related, it’s evident there’s a need for an aggressive approach to reduce use of the devastating drug. This is a movement to educate South Dakotans on the signs of addiction, the treatment resources that are available, and how to implement prevention techniques in their homes and among their communities,” concluded Gill. For help with meth addiction, call 1-800-920-4343 or text “onmeth” to 898211, or visit OnMeth.com for a list of available resources and local treatment centers. About South Dakota Department of Social Services

The Department of Social Services strives to provide programs and services to strengthen, support, and protect children and families in South Dakota. For more information about Department of Social Services programs and services, please visit our website at dss.sd.gov or visit a local DSS office.

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Five South Dakota Communities Lead the Way for Health and Well-being

Meet the 2019 Healthy HometownSM Powered by Wellmark Community Award Winners

Communities across South Dakota are working to make positive, lasting changes that enhance the overall wellbeing of their communities. On Oct. 16, 2019, during the Chronic Disease Partners/Better Choices, Better Health® Meeting, five South Dakota communities were recognized for accomplishments they made last year in health improvement initiatives. These cities each received $5,000 to continue the important work of improving the physical, social and emotional well-being of their communities.

Improving quality of life starts with creating an environment that encourages and promotes a healthy lifestyle. Policy and built environment changes — whether changing vending options, creating a complete streets policy or implementing a nicotine-free initiative — have a big impact on creating sustainable changes in the community. And, these changes not only lead to healthier eating, but they also lead to greater physical activity and social connectivity. The 2019 Healthy HometownSM Powered by Wellmark Community Award winners are:

Custer Created a small pocket park at the Custer Veterans Memorial Park, complete with benches for visitors to gather, reflect, learn and be inspired. The Custer Regional Hospital and Clinics developed a healing garden and therapy walking path that is open to volunteers, patients, staff and visitors.

Dell Rapids Worked this past year to extend and widen the Sioux River Red Rock Trail. Crosswalks, a pergola, and a little free library were also installed along the trail. Dell Rapids made several park improvements including adding a shade structure at the swimming pool and a new comfort station restroom with a shower and drinking water access at the campground. Martin Implemented several school wellness initiatives through the Bennett County School District, which included 32

installing new water bottle filling stations, moving recess before lunch and banning unhealthy food and beverage marketing on school grounds. Martin also supported the “Kids in the Kitchen” Bountiful Backpack Program, which teaches young people a recipe and gives them the ingredients to make it at home.

Pierre Established minimum standards for sidewalks to make their city more walkable, which includes width, thickness, surfacing, edging, joint construction and finishing. The City of Pierre and the Oahe Family YMCA partnered together to improve pedestrian safety by installing sidewalks between the curb and entrance to the YMCA. The Y also relocated and expanded their newlywheelchair-accessible YMCA playground and added a new garden plot as part of their after-school programming

Rapid City Recognized with their second Healthy HometownSM Powered by Wellmark Community Award, Rapid City continues to improve walkability and bikeability in the community. They widened the sidewalk from Milwaukee to Maple streets and installed a bike lane between Sturgis Road and Sheffer Street on West Chicago Street. And, through the Community Health Center of the Black Hills, they provided boxes of food with vouchers for fruits and vegetables.

Get your community involved Would your community like to do some of these things? Healthy HometownSM Powered by Wellmark can help. Healthy Hometown is about intentionally building small nudges into our surroundings, so the healthy choice is the easy choice for everyone. Imagine the possibilities—a vibrant, thriving community with restaurants serving healthy food or residents enticed into local businesses because they were out for a walk or bike ride. Healthy Hometown works with communities, at no cost, to identify ways to make your vision for a healthier community a reality. To learn how you can get started, visit Wellmark.com/HealthyHometown or email HealthyHometown@Wellmark.com for more information. SOUTH DAKOTA MUNICIPALITIES

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outdoor haaven! Maybe yo ouâ€™ve heard about Clarkâ€™s w world famous potato ZUHVWOLQJ GXULQJ WKH 3RWDWR 'DD\ \ IIHHVWLYDO KHOG WKH Â¿UVW ZHHNHQG in August. Itâ€™s even been shown on ESP PN! Have you seen the only Christtmas toy tree in the state? Y Yep, e they have that too! ep, The Chamber keeps the activity calendar busy with events throughoutt the year. Patriotism is strong in their commun nity as seen in their 0HPRULDO 3D 3DUN ZLWK WKH Â¿UVW LQ WKH VWDWH &KDUUWWHUV RI )UHHGRP M Monuments. t Clark is a small town in constant motionn moving to make life EHWWHU IIRRU WKHLU UHVLGHQWV 3XOO Ràµµ WKH KLJKZDD\ \ WKH QH[W WLPH youâ€™re in our neighborhood. W Weâ€™d eâ€™d love tto show you around. )RU PRUH LQIIR RUPDWLRQ DERXW &ODUN YLVLW WKHLU ZHEVLWHV DW FLW\RIIFFODDUUN FRP RU FODUNVG FRP RU IIRROORZ WKHLU )DFHERRN pages City of Clark SD â€“ Government orr Clark Area Chamber of Commerce.

Prov vided by: The City of Clark

JANUARY 2020 2017

By Chris Hill, Director of Municipal Electrical Services

Yesterday I was on the road and had some time between meetings, so I decided to write my article. Yesterday’s article would have been confusing as I looked at each legislative district to determine exactly where the problem is, and what the Electric Services in an Annexed Area interim committee has been studying. It’s not as difficult as I was making it to be since the rural electrics did a great job of addressing the “problem areas”; Watertown, Brookings, Madison, and Vermillion. Four. Four of thirtyfive! As far as I can tell that is the extent of the issue. I’m quick to point out the insignificant rate at which the four cities have annexed territory into adjoining areas. Just over 4 square miles of land have been annexed from these four “problem areas” since 1975. The economic impact is substantial, and the growth of these communities has been great due to the foresight and planning of their citizens. Those citizens have the city’s best interest in mind when it allows the developer to join the city and receive all of the services that the city provides including but not limited to pertinent infrastructure that the city builds and maintains for the good of the community and that developer.

Watertown was all we heard for a few months. That is, until the city pointed out that they have an agreement in place between the local rural electric and Watertown Municipal Utilities. An agreement that the local rural electric brought to WMU, which allowed the rural electric to continue to serve existing customers and would allow the city to serve the new customers in an annexed area. The original contract was written in 1990. From 1998 to 2007 the agreement was set to be reviewed every three years. In 2007 both parties suggested that it should be changed to be reviewed every 15 years. The PUC at the time suggested entering the agreement into perpetuity and both the rural electric and Watertown Municipal Utilities agreed to the terms.

Vermillion was next. The allegations were that Vermillion squats on land and charges the local rural electric customers that live within city limits a 4% tax. The 4% tax is used by the municipal electric utility to help defray 34

the costs incurred within that city. Costs such as infrastructure, equipment, and salaries. Those revenues are lost when a rural electric association provides electricity within a municipal electric utility. An additional comment was that Vermillion squatted on land to avoid the costs of these payments. When in reality, the land was acquired to bring the Polaris distribution warehouse to the community and state. The eastern half of the property was not needed for the project but required a sanitary sewer lift station, water lines, sanitary sewer lines, storm drainage ponds to be constructed, wet lands to be mitigated, and development of a plan that works due to two high pressure gas lines crossing the property before it could be utilized. Both properties, where the Polaris distribution warehouse sits, and the adjacent land needed to be purchased for the land to be acquired. The planning and foresight of the eastern portion of the land to make it viable would take years to finalize. Finally, we hear that Vermillion “cherry picks” and “strip annexes”. This annexation was done to help with the Crawford road improvements. At the time of discussion, the property owner only annexed enough area so that the property could still qualify for a Rural Service District. The northern portion of the road which had limited development has seen 4 new residential customers for the city and 4 houses and a church as new customers for the rural electric is all due to the city’s investment in infrastructure. The road was in poor condition and the west half of the road was in city limits while the east half was in the neighboring township. The funding that the city was going to use required the property to be within city limits. Since the annexation and street improvements, part of the annexation is still in Rural Service District and no lots have been platted. Crawford road is an arterial street that provides access to housing, a golf course, the high school and the hospital. Last month I brought up the Hon. Judge Arthur Rusch’s opinion in the matter between Clay Union Electric and the City of Vermillion. In that opinion the Hon. Judge states that “there is no property as the territory was given” and that “neither Clay- Union (nor any other utility) has a property right in their electrical service territories”. The newest addition to the “problem areas” was Madison. SOUTH DAKOTA MUNICIPALITIES

In the first interim committee meeting for Electric Services in an Annexed Area, Madison was pointed out to be “cherry picking”. The annexations in Madison are prime examples of the developer requesting annexation and city services including municipal electric utilities. In 1987 Madison purchased land on the southeast end of town and transferred that land to the Lake Area Improvement Corporation. Since then, LAIC has invested over $2 million in the Lakeview Industrial Park. As a result, the city of Madison has grown and these developments would not have taken place without proper infrastructure being put in place by the corporation who looked to the future and began to plan for their community. Next to that annexation is a Firework Outlet and Park-it Market that the owner does not want annexed into the city. The City of Madison also has two other annexations on the south side of town that were at the request of the developer. Madison Regional Health and Mustang Seeds both wrote letters to the interim committee that is researching this topic, and both said in their testimony that they knew that they would be charged 25% due to annexation costs incurred by the city to the incumbent utility. The testimony from Madison Regional Health states that “the decision was made to request annexation because of the sewer and water needed by a healthcare facility”, services provided by the City of Madison. Payments that the local rural electric could have forfeited. I do understand that part. The rural electric was not going to put in the infrastructure but could still benefit in the form of $500,000 for the un-serviced annexation by the city. Mustang Seeds asked to be annexed into the city of Madison and knew it was subject to the 25% tax from the local rural electric. In the testimony it was written that “this (the 25% tax imposed by the rural electric) had a significant impact on our bottom line…we still felt it was the best decision to be part of the city”.

We also heard about Brookings in the first interim study. Brookings has paid over $1.5 million for annexation land on un-serviced territory. In the last 10 years, there has only been one non-bare-ground annexation that included 4 houses and a shed. The infrastructure on those four houses and shed cost Brookings Municipal Utilities just under $4,000 and for usage compensation BMU has paid the local rural electric $6,500 with one more year to pay. Again, bare ground annexations that would have cost the local rural electric cooperative money in infrastructure was being compensated by Brookings Municipal Utilities in excess of $1,500,000. $1.5 million compensation for something that very likely wouldn’t have been developed without the developer asking for annexation into the city to receive city services. Leave the statute the way it has been stated since 1975 with the changes made when the rural electric association brought legislation forward in 1992 and 2009. The rural electrics continue to bring legislation for something that does not need changed. The legislators do not want to choose winners and losers. They want us all JANUARY 2020 2017

SDML Directory Changes

Bonesteel

Clear Lake Estelline Fairfax Herreid Midland Pickstown Plankinton Pukwana Selby

Delete: ATT Jack Gunvordahl Add: ATT Rachelle Norberg (605) 775-2531

Delete: FO Robin Kloos Add: FO Danielle Bird Horse

Delete: ATT Todd Boyd Add: ATT John Delzer (605) 983-9900

Delete: ATT Jack Gunvordahl Add: ATT Rachelle Norberg (605) 775-2531

Delete: FO Keith Hall Add: FO Melinda Neeley

Delete: T Keith Garrigan Add: T Don Cooper

Delete: ATT Jack Gunvordahl Add: ATT Rachelle Norberg (605) 775-2531

Delete: FO Jeanette Smith Add: FO Eileen Sorsen

Delete: ATT David Natvig Add: ATT Theresa Maule-Rossow (605) 234-5400

Delete: PWD Xavier Perman

Email Directory changes to lisa@sdmunicipalleague.org. Visit www.sdmunicipalleague.org for a cumulative listing of changes to the 2019-2020 Directory of Municipal Officials.

to grow and prosper and to make our state wonderful. Four communities were noted in the summer study as areas of concern. Those cities have open public meetings so duplication of services should never be an issue as the city publishes the minutes of the meetings. Public testimony can also take place at those meetings. This legislation affects every one of those 35 municipalities as we would be losing a right that was written into legislation to protect the rights of the citizens and give each of the electric utilities a chance to grow. Keep working hard to make all thirty-five municipal electric utilities and your HOMETOWNS GREAT. 35

Notice of Hazard Mitigation Grant Program Funding for Disasters 4440, 4463, 4467 and 4469 South Dakota received 3 Presidential Disaster Declarations as a result of ongoing flooding from May through September 2019. Subsequently, approximately a total of $9,300,000 of funding is now available from all 4 declarations in 2019 for local governments and certain private-non-profit organizations to apply for hazard mitigation projects that will reduce the loss of life and property by lessening the impacts of future disasters. If you are interested in finding out more about the eligibility of mitigation projects or applying for these funds, please contact Jim Poppen at 605-773-3231 or jim.poppen@state.sd.us. Discussions on your project are vital to ensure all components of the application are completed. The deadline for application submittal is March 13, 2020. Timelines: x x x x x

Applications due to state: March 13, 2020 and we highly encourage to submit your applications prior to deadline to ensure they are complete. OEM reviews the applications for completeness: April 1, 2020 OEM presents applications to the State Hazard Mitigation Team: April 2020 State Hazard Mitigation Team approved projects submitted to FEMA: July 2020 FEMA has up to one year to award projects Notes:

x x x x x

State disaster assistance is available to sub-recipients who qualify by meeting certain criteria. Please contact Jim Poppen at 605-773-3231 or jim.poppen@state.sd.us for more information. In addition to this notice, Office of Emergency Management will be hosting applicant briefings and dates/times will be announced at a later date. Application and support documentation are located on the OEM website under Hazard Mitigation Grant Program. FEMA has released a new version of the Benefit Cost Analysis software to version 6.0 and can be downloaded at FEMA BCA Version 6.0 When applying for a phased project, please indicate that you are requesting the project to be phased and provide a detailed scope of work and budget for each phase of the project. A new benefit cost analysis is required for phase 2. If you intend to request progress payments throughout the construction of your project then this will need to be indicated in your application. All agencies that have a stake in environmental and historical preservation for your project will need to have an environmental letter sent to them for their response on your project. These response letters must accompany the application. If construction is taking place on or near tribal property, it is a possibility the Tribal Historic Preservation Office may request a Class III Archeological Survey to be completed prior to award. This survey is an eligible expense.

SOUTH DAKOTA MUNICIPALITIES

New “AgriCulture” Event in Rapid City Connects Urban Families to Ag Community

Fun atmosphere included hand’s-on activities from wiggling through a soil tunnel to spinning wool Rapid City’s Main Street Square featured all-things agriculture on Saturday, Sept. 21, 2019 allowing urban consumers an opportunity to meet the farmers and ranchers who produce their food and learn how they care for crops, livestock and rangelands.

The first-time, free event was called AgriCulture on the Square and was designed to showcase to the public the many facets of agriculture. South Dakota State University West River Research and Extension and the Rapid City Area Chamber of Commerce Agriculture and Natural Resource Committee organized the day’s activities and collaborated with over 20 exhibitors and presenters for the event.

“It was a phenomenal event for its first year with nearly 500 people attending,” shares SDSU Extension Community Vitality specialist Peggy Schlechter, who was a member of the organizing committee. “Exhibitors did a great job offering hand’son experiences at their booths to help consumers have conversations and gain a better understanding about agriculture,” she adds. Activities included goats on display, free samples of pork, lamb and beef jerky, and a soil tunnel to learn about soil health among many other displays.

Throughout the 11 a.m. to 3 p.m. event, music and speakers were also featured on the Main Street Square stage from a 4-H member talking about chicken breeds, to an FFA member reciting the FFA Creed, and third generation rancher Brad Lindblom sharing about his family’s operation. An auctioneer and rodeo queen also shared their perspectives on their lives in agriculture. As participants visited the fifteen booths on display they had the opportunity to collect passport stamps – and then redeem a fully stamped ag passport for SDSU ice cream. Drawings for numerous prize giveaways were also held throughout the day.

As a rancher, owner of T-N-T Event & Marketing and member of the Rapid City Area Chamber Agriculture and Natural JANUARY 2020 2017

Resource Committee, Tiffani Robertson was excited to volunteer and be involved with promoting agriculture to the community. “It was rewarding to see families come out and be interested in learning more about how agriculture impacts their daily lives,” she says. Farm Bureau Financial Services was among the booth exhibitors, and along with their business information featured ears of corn and fun facts about the crop at their booth. Insurance agent Cecil LaGrande was impressed with the large attendance from the community and enjoyed the opportunity to build connections with both ag and urban participants. “We are excited to be a part of AgriCulture on the Square in the future,” he says. Likewise, Union Center sheep and cattle producer Tammy Basel is eager to see the event continue to grow in downtown Rapid City in the future. “This was a great event to share the ag story with consumers,” she says, and notes that it provided a broad opportunity to highlight the multiple aspects of agriculture from food and fiber production to grazing and conservation efforts. The AgriCulture on the Square event was made possible via monetary donations from two dozen entities, including premier sponsors South Dakota Ag Foundation, Farm Credit Services, Rapid City Chamber of Commerce, The HomeSlice Group and South Dakota State University College of Agriculture and SDSU Extension. Booth exhibitors included Black Hills Energy, Black Hills National Forest, Black Hills Stock Show & Central States Fair, D&M Ag Supply, Dakota Mill and Grain, FFA, Farm Bureau Financial Services, Pleasant Valley Farm, South Dakota Cattlewomen, South Dakota Grassland Coalition, South Dakota Pork Producers Council, South Dakota Rodeo Queens, South Dakota Sheep Growers Association, SDSU College of Agriculture, SDSU Counseling and Human Development Department, and Western Dakota Tech.

Plans are underway for the second annual AgriCulture on the Square at Rapid City’s Main Street Square to be held in 2020. 37

SDPAA - A Year in Review

By: Dave Pfeifle, Executive Director, SDPAA Lynn Bren, Director of Member Services, SDPAA

The Year 2019 marked the 32nd anniversary of the South Dakota Public Assurance, which was formed during the 1980’s insurance crisis when local governments could not secure affordable liability insurance, if any, from private insurance companies. Out of necessity, visionaries from local governments across South Dakota successfully spearheaded enabling legislation through the SD Legislature to create their own risk sharing pool to provide property and liability coverage for their fellow local governments. Today, the SDPAA has expanded to 429 Members across South Dakota, including counties, municipalities, townships, and special districts. From its inception, the SDPAA has distinguished itself by providing exceptional services to its Members. As part of their Membership, SDPAA Members receive free loss control surveys and property valuations. At any time, SDPAA Members can also consult with experienced and knowledgeable SDPAA staff, who are public employees with a unique appreciation of the risks faced by local governments in South Dakota. The SDPAA has proven to be the best option for coverage for local governments in South Dakota by providing stable pricing and the broadest coverages available that are uniquely tailored to meet the

specific needs of our Members.

The key to the SDPAA’s success is simple: it was formed by, it is for the benefit of, and consists entirely of local governments in South Dakota. We are not beholden to outof-state shareholders. The SDPAA’s Board of Directors is comprised of representatives of its local government Members. The SDPAA’s staff is comprised of public employees who have unique experience serving local governments in South Dakota. The SDPAA utilizes local service providers for loss control and claims adjusting who have considerable experience serving the unique needs of our Members. SDPAA Board of Directors News At the SDPAA’s Annual Membership meeting in Aberdeen in October The Board also elected the following officers for 2020:

Chair: Mike Wiese, Brown County Commissioner Vice Chair: Lisa Katzenstein, Dir. Of Administrative Services, Sturgis Secretary/Treasurer: Kathy Glines, Auditor, Harding County

SOUTH DAKOTA MUNICIPALITIES

At Large: Steve Harding, Mayor of Pierre

The SDPAA’s continued success has been the result of the dedicated and tireless efforts of its Board, staff, service providers, and Members.

Thank you! During the Annual Meeting in October, Michael (Mic) Kreutzfeldt, Highway Superintendent for McCook County announced his retirement from the SDPAA Board of Directors effective December 31, 2019. Mic was thanked for his dedication and service to the Pool. Mic was elected to serve on the Board of Directors in 2011, and he served the board well from January 1, 2012 through his retirement day. We again thank him and wish him well in his retirement!

Welcome! Cindy Brugman, Codington County Auditor was elected at the October Annual Meeting to fill the vacancy on the Board. She will be joining the Board effective January 1, 2020. We look forward to working with Cindy and thank her and Codington County for their continued support and participation with the SDPAA.

As we venture into a new decade, 2020 inspires us to continue to look for new and innovative ways to provide exceptional service to our Members. We will continue to offer opportunities for loss control and risk management growth and assistance to our Members.

subjects. This past year, the SDPAA, through Safety Benefits, Inc., one of its service providers, provided 488 hours of training through 101 training sessions to 3,186 attendees throughout the state. Thus far this year, SDPAA also provided on-line training to 60 Members with 3,186 courses. Through a shared Media Library, 36 Members have been provided with 131 training videos. In addition to the various training opportunities already provided, the SDPAA also participated in the following specialized training opportunities:

The SDPAA co-sponsored Crisis Intervention Training for all law enforcement officers throughout South Dakota. A combination of class-room and on-line training will assist law enforcement officers in dealing with those who may have a mental illness. This training is a joint effort of the SDPAA, the State of South Dakota, the South Dakota Sheriff’s Association, and the Minnesota Sheriff’s Association. If you are a Member of the SDPAA, then you are already enjoying these services and many other benefits. If you are not a Member, then please consider what your local government could gain from the availability of these additional services. The SDPAA is uniquely situated to assist you as we all travel along our public service journey.

SDPAA offers Government and Employment Practices Hotline: SDPAA Members who have liability coverage may contact the Employment Practices Hotline (EPH) free of charge for up to one hour to consult with local expert attorneys on employment law topics. Approximately 100 calls are made every year to the EPH by SDPAA Members. Starting in 2019, the SDPAA will offered a similar hotline for any governmental-related questions, which will be called the Government Practices Hotline (GPH). Similar to the EPH, the GPH will provides SDPAA Members who carry liability coverage up to one hour of free legal advice from South Dakota Legal Experts on a wide variety of civil legal issues, including: elections, planning/zoning, open meetings, public records requests, environmental compliance, and Tax Incremental Financing.

The hotline attorneys are encouraged to work with you and your existing legal advisor to provide the necessary advice for you to effectively and legally serve your constituents.

SDPAA’s enhanced training opportunities: The SDPAA already provides its Members with thousands of hours of training opportunities as part of their Membership. The SDPAA also co-hosts a Safety and Loss Control Training Conference each year providing hundreds of attendees training seminars on a variety of JANUARY 2020 2017

Increase Resident Engagement with Better Public Meetings

By Dave Bartholomay

Have you ever walked into a public meeting, seen a larger than usual audience, and immediately gotten nervous, wondering what people are upset about? It seems that public engagement has become more confrontational— but it doesn’t have to be that way.

When you’re a city leader, elected or staff, public meetings are part of life, and public input is essential to city work. It’s important to make these meetings a time of sharing information, while respecting and addressing differences. And a large turnout, including residents with varying perspectives, should be the goal.

Better public engagement builds a sense of community, increases productive dialogue, and decreases division. Difficult conversations and tough decisions will always remain part of the mix, but by thoughtfully planning public meetings, you can involve more citizens, draw out a

broader range of ideas and concerns, and demonstrate leadership through difficult issues.

Get input early Cities often hold only those meetings that are required by law or are typically held as part of their regular process. Regular council meetings are important, and they typically follow a traditional structure.

But when the council is considering a significant public project or a controversial proposal, you might want to add some informal information sessions earlier in the process. This will take some extra time and perhaps cost, but it can add significant value. You can’t tell people too soon or too often about something that will impact them. It will allow concerns to be uncovered early, so you are better prepared to address them as the process moves forward.

Be clear about the purpose of the meeting One of the building blocks to a good public meeting is being very clear about the intent of the meeting. While this sounds simple enough, many people in the audience may misunderstand the purpose of the meeting.

People may come thinking they are going to sway the city council against a project when the council has already debated and voted for it, and the meeting is actually about the timing of construction. The audience is upset because they feel they are not being heard. The council is upset because this project has been discussed many times over the last six months — where were all these people then?

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At the start of the meeting, make sure you clearly state the purpose of the meeting, and perhaps carefully walk through the history of the issue and how you got where you are today.

Get creative with invitations At the beginning of your planning, consider who will likely attend the meeting, and then who should attend but will need some extra outreach. Are you identifying creative ways to make sure everyone is invited? (See “Real-Life Example: Circle Pines”.)

Remember, when a quorum of the council (and of most other standing city committees) gathers to discuss city business, it is subject to the Open Meeting Law, which outlines specific requirements, including those for providing public notice. But cities can go beyond that SOUTH DAKOTA MUNICIPALITIES

REAL-LIFE EXAMPLE:

Circle Pines

The City of Circle Pines is in year 12 of a 15-year street reconstruction plan, replacing water and sewer pipes along with a full street and curb rebuild. Projects generate neighborhood concerns because of the mess and the approximate $5,000 assessment.

In order to do a better job of public engagement, the city holds additional information meetings a year before with the impacted neighborhood. And in a new twist, last spring two city councilmembers went door to door throughout the impacted area to personally invite the neighbors to the meeting.

Their effort generated a full house at City Hall. Rather than being nervous about a big crowd, councilmembers saw this as a positive meeting that provided an opportunity to get accurate information to homeowners, many of whom asked for extra copies of the materials to share with neighbors who were unable to attend.

notice and look for additional ways to encourage people to attend.

Think about a particular group you want to reach but is rarely involved. What extra efforts could draw them to your meeting? Try reaching out to nonprofits and community groups for help. Consider mailing an attractive postcard with positive and inviting language that helps define why someone should attend.

Maybe you could serve punch and cookies and offer free childcare. Also, hold it at a location convenient for people, at a day and time that works well for those you want to attend.

Preparing for the meeting You can’t over-prepare for what could be a challenging meeting. Be ready to answer some key questions as you plan out the meeting. For example, what are the interests and concerns of those likely to attend? Do likely participants have any gaps in information? You may need to figure out an easy-to-understand way to get everyone up to speed.

Consider talking with colleagues from other communities that have dealt with a similar situation. What should you expect to face at the meeting, and what advice do they have?

If there is a key leader or an organized group concerned about the issue, consider meeting with them or their JANUARY 2020 2017

leaders before you plan the meeting. This will help you better understand their views and concerns in a more calm, discreet setting.

Allow other ways for people to give input without attending the meeting, such as via email or an online survey. Offering multiple ways for people to give you their ideas is important because not everyone is comfortable using a micro- phone in front of a crowd. At the meeting Early in the meeting, present the purpose and the agenda. Let attendees know when there will be opportunities for public input today or in the future. Talk about the decisionmaking process and describe the roles of the people presenting information. REAL-LIFE EXAMPLE:

Department of Natural Resources

The Minnesota Department of Natural Resources (DNR) put together plans to improve Little Rock Lake’s water quality by temporarily drawing down the water level of the lake near the City of Rice. There were concerns from people living in the area, and a public meeting was held at the old Town Hall in Rice.

After hearing some information from the DNR and other experts, the large crowd was divided into small groups to share their ideas and concerns. This process generated many good questions, which were then posted to the available experts for a quick response. Rather than a loud and boisterous meeting, the smallgroup approach resulted in a fast moving and productive meeting that allowed everyone to participate and have their voices heard.

The DNR created a section on their website for information and meeting notes so that those unable to attend could see what had been discussed. This also allowed meeting attendees to see that their concerns were listed as part of the meeting notes.

If participants need to sign in or identify themselves, explain the purpose this serves for both the speakers and the audience. Don’t ask people to identify themselves if it really isn’t needed because it could be viewed as a way to intimidate them.

Next, be sure to explain the meeting ground rules, including the values and behaviors that attendees are 41

expected to adhere to, such as respecting all voices, not interrupting, etc. Ask everyone to be civil and to be good listeners — to listen the way they would want others to listen to them.

Acknowledge that there may be disagreements and that this is part of a democracy. You might even want to share this great quote from President Harry Truman: “When everyone in the room is thinking the same thing, no one is thinking very much.”

You might also consider breaking into small groups. This has proven to be a powerful way to give everyone a chance to state their concerns and to keep the meeting from being dominated by a few vocal people. (See “Real-Life Example: Department of Natural Resources”.)

In the groups, have each person introduce him- or herself and share their ideas or concerns about the topic. Ask everyone to listen carefully to all members of the group, and to stay within the time constraints so that everyone gets to share their thoughts. Next, ask people to reflect on what they have heard from the group and ask what ideas they have on a way to move forward.

If time allows, consider having one member of each group report their key discussion points to the full group, perhaps allowing the staff and leadership to clarify any misconceptions.

At the end of the meeting, make sure to talk about the next steps in the process and thank everyone for attending.

There are a few action items that should happen soon after the meeting, including: • Posting on the city website information from the meeting — such as handouts, a meeting summary, or a video of the meeting if it was recorded— so that others can see what happened. This adds to the transparency of the process. • Following up on any commitments made during the meeting. For example, maybe you promised to send out additional information or to schedule another meeting. • Having key staff and leaders debrief to identify what worked best during the meeting and what could have gone better. You can apply these lessons to make future meetings better. By taking all these steps before, during, and after a public meeting, you’ll improve the way your city engages the community. Effective public engagement is critical to make sure your residents are well-informed, and all voices are heard. MC

Dave Bartholomay is program coordinator with the Office of Collaboration and Dispute Resolution at the Minnesota Department of Administration. He is also the mayor of Circle Pines. Reprinted with permission from Minnesota Cities, a publication of the League of Minnesota Cities, copyright 2019.

Also, always make sure to start on time and end on time. It’s fine if people want to stay afterwards and ask questions, but ending the meeting on time is a way to once again model respectful behavior.

After the meeting

SOUTH DAKOTA MUNICIPALITIES

SD Police Chiefs’ Association and SD Sheriffs’ Association Accepting Award Nominations

training programs. This is a joint SDPCA/SDSA Award. One Officer of the Year will be given each year.

The South Dakota Police Chiefs’ Association (SDPCA) and the South Dakota Sheriffs’ Association (SDSA) are accepting nominations for the following awards:

Medal of Honor For law enforcement officers who willingly distinguish themselves through an act of courage, involving risk of imminent serious injury or death, for the purpose of saving or protecting a human life while taking an armed and immediately dangerous suspect into custody. This is a joint SDPCA/SDSA Award. More than one Medal of Honor award can be given at the discrtion of the Awards Committee.

Officer of the Year All sworn officers are eligible. This includes law enforcement officers in Police Departments, Sheriffs’ Offices, US Park Service, Customs, Border Patrol, Tribal Agencies, University Police, Reserve Officers, and others below the rank of Chief/Sheriff. Nominations may be made for exceptional achievement in any police endeavor, including extraordinary valor, crime prevention, investigative work, community policing, traffic safety, drug control and prevention, juvenile programs and

Citizen’s Award of Merit Presented to a citizen, company or group who performed an exceptional act or demonstrated a continued pattern of actions that furthered the missions and goals of the SDPCA and SDSA, or who have made a significant contribution to the law enforcement profession in the State of South Dakota. This is a joint SDPCA/SDSA Award. More than one Citizen’s Award of Merit can be given at the discretion of the Awards Committee.

Sheriffs’ Service Award For contributions by a member of the SDSA which exceed the high standards and contributions normally made by members. More than one Sheriffs’ Service Award can be given at the discretion of the Awards Committee. Chief John Wainman Sr. Service Award For contributions by a member of the SDPCA which exceed the high standards and contributions normally made by members. More than one Chief John Wainman Sr. Service Award can be given at the discretion of the Awards Committee. All nominations must be submitted in writing by March 1, 2020. The awards will be presented during the SDPCA and SDSA Joint Meeting held April 21-23 in Deadwood.

An official nomination form can be obtained by visiting www.sdmunicipalleague.org, under the Police Chiefs section of the Affiliates Organizations tab.

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Risk-Sharing

2018 1,218 Claims 71% Loss Ratio 2019 (as of 12/2/19) 1,164 Claims 38% Loss Ratio

Year End Report to the Membership

We have just completed another successful year within the SDML Workers’ Compensation Fund. It has become tradition to share the year end numbers with our Membership for the past year.

Membership Growth: The number of public entities that purchase their work comp coverage from the SDML Workers’ Compensation Fund continues to grow. Below is a history of the Membership numbers from the very beginning of the SDML Workers’ Compensation Fund. 1987 – The Fund’s 1st Year 1995 – Ins. Benefits 1st Year as Admin 2000 2005 2010 2015 2016 2017 – 28 New Members added in 2017 2018 – 39 New Members added in 2018 2019

57 Members 188 Members 209 Members 290 Members 362 Members 416 Members 426 Members 454 Members 493 Members 498 Members

Below is the Membership breakdown by type of entity: Numbers

Cities 249 Counties 66 Townships 19 Fire Districts 65 Conservation Districts 53 Irrigation Districts 1 Sanitary Districts 7 Solid Waste Districts 2 Boards & Misc. 13 Ambulance Districts 21 2018 Total 493 SDML WCF Claims Information: 2000 2005 2010 2015 44

846 Claims 888 Claims 1,006 Claims 1,103 Claims

2018 Net Estimated Contributions $3,394,374 $3,259,675 $15,428 $160,146 $56,681 $15,515 $14,451 $6,238 $88,629 $123,943 $7,135,081

99% Loss Ratio 96% Loss Ratio 71% Loss Ratio 54% Loss Ratio

The number of members has increased 138% since the year 2000. The claims activity has remained relatively stable in both the number of claims (Frequency) and the dollar cost of those claims (Severity) relative to the membership growth. This has been consistent for several reasons. First, the solid underwriting practices that Insurance Benefits uses when adding new members. Second, the claims management and use of rehab nurses that Claims Associates provides. Third, the active loss control programs that are provided by Safety Benefits. Fourth, your commitment to building a culture of safety for your employees through the use of safety programs and training. The SDML Workers’ Compensation Fund uses an actuarial firm, AON Risk Solutions, to evaluate claims, expenses, and to determine the rates that we need to charge you, our Members, on an annual basis. The actuarial firm also looks at each individual member’s claims experience and determines each Member’s Fund Modifier based on your individual claims history.

2020: 3% Net Rate Decrease. As reported at the Annual Meeting in October, because of the financial strength of the Fund, the SDML Workers’ Compensation Fund Board of Trustees were able to keep the 2020 base rates unchanged in 2020. But, because of a decrease in our reinsurance premium and our strong financial position, we are able to increase the Renewal Credit from 15% to 18%. The Board also approved no changes to the Loss Control and Return on Equity Credits. If you have a fire department, we did have to raise that rate from $43 to $47 per firefighter per year. The result of the increased Renewal Credit is a 3% net rate decrease for your 2020 Renewal. Actually, our net rates have decreased 4% in the last 13 years. The Renewal Credit is 18%, the Loss Control Credit is 9% and the Equity Credit is 10% Pro-Rata share. These credits equal more than a 27% savings for your workers’ compensation coverage and puts money back into your budget.

As a risk management strategy, the SDML Workers’ Compensation Fund purchases Excess “Reinsurance” to protect your financial assets. This is purchased through Safety National Casualty Corporation. SNCC carries an A.M. Best Rating of an A+ (Superior), for it’s financial strength. The “Self-Insured Retention” (the amount that the SDML WCF pays for each claim prior to “reinsurance” stepping in and paying the amount above this dollar amount) is $900,000 for each occurrence and will remain at that level for the sixth consecutive year due to the infrequency that a claim ever reaches the SIR.

We are providing this information to you as Members, so that you understand the importance of purchasing reinsurance. It caps the amount of claims dollars that would be paid by the SDML Workers’ Compensation Fund, for any one occurrence.

Grant Programs. For 10 years the SDML Workers’ Compensation Fund has offered two grant programs to its SOUTH DAKOTA MUNICIPALITIES

members. Because these grant programs have been so popular a 3rd grant program was launched to assist with the purchase of Trenching and Confined Space safety equipment, such as trench boxes and gas detectors. This is a 50-50 matching grant with a maximum of $1,000 per grant. Because these grant programs promote safety, the SDML WC Fund Board of Trustees decided to offer the grant programs for the 2020 year on a first come first serve basis until the grant funds are exhausted. The applications for all 3 grant programs are available on our website at www.sdmlwcfund.com.

The Stryker EMS grant program includes a 60/40 matching grant to assist our membership in purchasing a Stryker Power-PRO™ ambulance cot or a Stryker StairPRO® stair chair. That grant also includes the Stryker Power-LOAD™ system which pays 33% of the list price. This allowed more members the opportunity to apply for the grant. The other grant is in partnership with Stan Houston Equipment to assist members with the purchase of an ICS® Saw Package. The ICS® saw is very beneficial in reducing the risk of injury during activities that require the use of a chop saw, particularly to cut and repair broken water pipes in a confined space.

Eligibility for these grants is very simple. The applicant must be a member of the SDML WC Fund as of the date of the grant application and in the year the grant is awarded. Also, the member must meet several selection criteria, including compliance with loss control safety recommendations. The complete list of selection criteria is outlined in the applications.

The SDML Workers’ Compensation Fund has always stressed the importance of using safety equipment and following safety procedures. There are many components to a successful safety program, beginning with leadership direction and support, which then flows to the supervisors and employees. We look forward to more participation in these programs and the reduction of injuries to your employees.

If you have any questions please contact Brad Wilson, Gary Drewes or Ladene Bachtell at Insurance Benefits, Inc., 4901 S. Isabel Pl. #210, Sioux Falls, SD 57108 Email: info@sdmlwcfund.com or Phone: 800-233-9073.

The Board of Trustees thanks all of you for the continued support you give to the SDML Workers’ Compensation Fund, your commitment to safety, to returning an injured employee back to work, for following your Loss Control Improvement Recommendations, and especially your continued membership with the SDML Workers’ Compensation Fund. If you have any questions regarding this year end summary please do not hesitate to call your Administrator, Insurance Benefits, Inc. at 800-233-9073 and ask for Brad Wilson. at email by him reach also can You brad@sdmlwcfund.com. JANUARY 2020 2017

Washington Report: By Senator John Thune

I served four years as chairman of the Senate Committee on Commerce, Science, and Transportation, which has jurisdiction over everything from planes, trains, and automobiles to the depths of the ocean and the heights of outer space. And no matter the subject, one of my favorite parts about serving in that role was giving South Dakota a seat at the table by elevating the issues that are important to the state and by providing South Dakotans with the opportunity and platform to share their expertise and experience on a wide range of issues.

While I no longer serve as chairman of the full committee, I’m still a member, and I’m closing out my first year as chairman of the Subcommittee on Communications, Technology, Innovation, and the Internet. It’s been a fun and rewarding experience, particularly because I’m still able to give South Dakota a seat at the table.

The subcommittee’s membership mirrors the full committee’s membership, so we have a variety of voices, experience, and priorities on which we can lean. I also love the subject matter. I’m able to continue working on several initiatives that began years ago, particularly my effort to ensure the United States wins the race to 5G mobile broadband technology.

Winning the race to 5G isn’t just about the jobs and opportunities it would create or the enhanced speed with which we’d be able to consume or share information. As important as those things are – and they are very important – this is also about better positioning the United States from a national security and economic security perspective.

South Dakota Leading the Way

topic. I’ve written bills on this topic. I’ve even had one signed into law. And since the federal government isn’t going to win this race alone, I’ve also found partners at the state and local level who have been instrumental in helping South Dakota lead the way on 5G. Sioux Falls Mayor Paul TenHaken has been one of those partners, and it was a “things-have-come-full-circle” experience to join him and others in November as the first 5G cells in South Dakota went live. After years of putting in the work, Sioux Falls is now one of the most rural communities in the entire United States to be 5G-enabled.

Because of his leadership on this issue, I invited Mayor TenHaken to Washington, D.C., to share his unique perspective on how important this issue is at the local level. Specifically, the mayor weighed in on the implementation of my Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless Act – or MOBILE NOW, for short – which was signed into law in 2018. This new law helped lay some of the important groundwork that has made it possible to more easily deploy mobile broadband networks in the country. 5G is expected to contribute $275 billion in new investment and $500 billion in economic growth, and, as I mentioned, it will help strengthen our national security, too. We’re at the point in the race where the finish line is in sight, and there’s no turning back. With the right investment, a committed team, and a clear vision, the United States can win, and when we do, South Dakota will have been a part of its success.

For these reasons, it’s more imperative than ever that we beat our global competitors in this space, particularly China, which often plays by a different set of rules. I’ve been committed to doing everything I can to ensure the tools are available for the United States to be the first to carry this across the finish line, but we can’t take our foot off the gas.

Over the years, I’ve led full committee hearings on this topic. I’ve led subcommittee hearings on this topic. I’ve brought the committee to South Dakota to examine this 46

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CLASSIFIEDS

CLASSIFIED ADS POLICY: Member municipalities receive free insertions and free postings on the League website. Non-member advertisers are billed $50 per insertion. All ads are subject to editing if necessary. The next deadline is January 10 for the February 2019 issue. Email ads to sara@sdmunicipalleague.org or fax to 605224-8655. Visit www.sdmunicipalleague.org for more classifieds.

ASSISTANT SUPERINTENDENT: Lemmon, SD - The City of Lemmon has an opening for a full-time Assistant Superintendent. Must be able to work independently and effectively with employees, contractors, and general public. Requires experience with equipment operations, CDL, water distribution and wastewater certificates. Pay DOE. Attractive benefit package. Deadline 1/2/2020. Pick up applications at City Hall. For more information, please contact Dave Huber at 604-374-5631. City of Lemmon is an Equal Opportunity Employer

LIFEGUARDS/CONCESSION WORkERS: New Underwood, SD - The City of New Underwood is seeking applicants for Lifeguards/Concession Workers for the 2020 summer season. These positions will enforce safety regulations for the protection of pool guests and maintain cleanliness for the pools and surrounding areas. Lifeguards must be at least fifteen (15) years old and certified in lifeguard training, CPR for Professional Rescuer and First

Aid. Concession workers must be at least fourteen (14) years old and have CPR and First Aid training. This position is seasonal and hours may consist of 6-10 hours per day, nights and weekends as scheduled. For more information or to apply contact Meri Jo at 605-754-6777, email City Hall at cnuofc@gwtc.net or visit www.newunderwood.com.

POLICE OFFICER: Huron, SD - The City of Huron has an opening for a Police Officer. This position will be responsible for enforcing the law through ongoing police work in the city. Wage is $21.81 hourly, health insurance, term life, retirement, vacation, sick leave and holidays. Certified officers preferred but not mandatory - will train. Applications available online at www.huronsd.com, at the City Finance Office, 239 Washington Avenue SW, Huron, 605-353-8505 or the Dept of Labor 2361 Dakota Avenue S, 605-353-7155. EOE Position open until filled.

POLICE OFFICER: Elk Point, SD - The City of Elk Point is seeking applicants for a full-time Police Officer. This position is general public safety work in the protection of life and property and the execution of orders issued through the authority of the Chief of Police. Certified and uncertified applicants will be accepted, certified officers preferred. Wage ranges from $17.00 - $18.20 hourly, depending on certifications. Will be required to work weekends, nights and holidays, they are actually subject to on-call duty as the Chief of Police permits. For a complete job description and applications, visit www.elkpoint.org. Applications also available by contacting the Police

SOUTH DAKOTA MUNICIPALITIES

Department at 605-356-2184 or City Hall at 605-356-2141. Please send applications, resume and reference to Box 280, Elk Point, SD 57025. EOE.

POLICE OFFICER: Beresford, SD - The City of Beresford is accepting applications for a full-time Police Officer. A complete job description is available by calling 605-763-2008 or on the city’s website at www.beresfordsd.com. Candidates for this position will be responsible for patrol, accident and criminal investigation, public relations, traffic enforcement and other duties as assigned. South Dakota certification is preferred. Competitive wages and excellent benefits are offered. Please submit a letter of interest, resume, three job references and three personal references to the City of Beresford, Attn: Police Chief, 101 N 3rd Street, Beresford, SD 57004. Position is open until filled. EOE.

PUBLIC WORkS DIRECTOR: Hill City, SD - Hill City is a growing community of 1,000 residents situated in the Heart of the Black Hills where outdoor activities are plentiful. Hunting, fishing, and camping are literally right outside your front door. We are seeking a motivated Public Works Director who can transform the department into a highly effective operating team. Responsibilities will include but are not limited to long range planning, directing, coordinating, and evaluating the several divisions that comprise the public works department. These would include engineering, water, waste-water, traffic-parking, parks, cemetery, building and street maintenance. Active supervision and leadership of a staff up to 6 people. This a working management role with diverse responsibilities. Open until filled. Salary DOE. Hill City is an equal opportunity employer. Complete job description and job applications are available by contacting Human Resources Coordinator Stacia Tallon at 605-574-2300.

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Municipal Calendar S

5 12 19 26

January 2020 T W T 1 2 6 7 8 9 13 14 15 16 20 21 22 23 27 28 29 30 M

F 3 10 17 24 31

S 4 11 18 25

2 9 16 23

3 10 17 24

February 2020 T W T F 4 11 18 25

5 12 19 26

6 13 20 27

7 14 21 28

S 1 8 15 22 29

January

January 1 – New Year’s Day – State holiday (SDCL 15-1)

January 1 – The municipal fiscal year begins. (SDCL 921-1; See Hdbk., sec. 12.065)

January 1 – Special assessment installments which are payable under either the Plan One or Plan Two option are due. (SDCL 9-43-103; See Hdbk., sec. 12.160)

January 1 – One of two dates (the other being July 1) a new or amended municipal tax ordinance may become effective. The municipality must notify the Department of Revenue of the ordinance at least 90 days prior to the effective date. (SDCL 10-52-9; 10-52A-13; See Hdbk., sec. 12.260)

First meeting of the year – A complete list of all the salaries for all officers and employees of the municipal corporation shall be published with the minutes of the first meeting following the beginning of the fiscal year or within 30 days thereafter. Added salaries of new employees and increased salaries of the old employees should be shown in the month in which they occur. A total of payroll by department shall be published monthly in the minutes. (SDCL 6-1-10; See Hdbk., sec. 5.095)

By January 14 – If the governing body chooses an election day other than the second Tuesday of April, as provided in SDCL 9-13, that Election Day must be established by January 14 of the election year. (SDCL 913-1; See Hdbk., sec. 7.050)

By January 15 – The secretary of revenue shall apportion the money in the local government highway and bridge fund. (SDCL 32-11-35; See Hdbk., sec. 12.255(6))

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Between January 15 and 30 – Publication of the notices of vacancies of the municipal election to be held in April is required to be published in the official newspaper once each week for two consecutive weeks between January 15th and 30th. This notice shall identify the vacancies to be filled and the time and place for filing nominating petitions. (SDCL 9-13-6; See Hdbk., sec. 7.650) Follow the Municipal Election Calendar for all election deadlines. 53

Third Monday of January – Martin Luther King, Jr. Day – State holiday (SDCL 1-5-1)

Utility board – Is required to make an annual report of its operations immediately after end of the fiscal year. (SDCL 9-39-29; See Hdbk., sec. 12.080)

Newspaper designation – The official newspaper must be designated annually or for a period of time specified by the governing body, but not to be less than twelve months. (SDCL 9-12-6)

Boundary changes – Municipalities must notify the Department of Revenue of any resolution or amendment enacted which changes the boundaries of the municipality. Notification shall be in written form, shall contain a copy of the resolution or amendment, and may be sent by electronic means or registered mail. Municipalities shall also provide any changes and additions to streets and addresses. (SDCL 10-52-13; See Hdbk., sec. 14.172)

February

On or before February 1 – The State Treasurer must distribute to the County Treasurers the remainder of the

franchise tax on banks. The County Treasurer then apportions and distributes the tax in the same proportion as the real property taxes levied in each taxing subdivision in the previous year. (SDCL 10-43-76; 1043-77; See Hdbk., sec. 12.255(4))

No later than February 1 – The liquor tax reversion must be made. (SDCL 35-5-22; See Hdbk., sec. 11.600)

February 1 – All certificates for water supply and treatment systems operators expire and must be renewed. (SDCL 34A-3-18; See Hdbk., sec. 6.305)

Not later than its first meeting in February – The governing body may by resolution encumber that portion of the unexpended appropriations from the preceding year for which applicable obligations were incurred but were not paid. (SDCL 9-21-24.1; See Hdbk., sec. 12.069)

Between February 15 and March 1 – If the municipal election is to be held on the first Tuesday after the 1st Monday in June, or in conjunction with the June Primary, the notice of vacancies required in SDCL 9-13-40 must be published once each week for two consecutive weeks between February 15 and March 1. (SDCL 9-13-37; 913-40; 12-2-5) Follow the Municipal Election Calendar for all election deadlines.

Third Monday of February – Presidents’ Day – State holiday (SDCL 1-5-1)

Sales tax ordinance deadlines – The effective date of any new or amended municipal sales tax ordinance must fall on either January first or July first. The municipality must notify the Department of Revenue of the ordinance at least 90 days prior to the effective date. (SDCL 10-529; 10-52A-13; See Hdbk. Sec. 12.260)

Last Friday in February – For elections held in April, nominating petitions must be filed not later than five p.m. on the last Friday in February preceding the day of the election. (SDCL 9-13-7; See Hdbk., sec. 7.250) If no one, including the incumbent, files a nominating petition, a vacancy is created and is filled by appointment or special election. (SDCL 9-13-14.1; 9-13-14.2) Follow the Municipal Election Calendar for all election deadlines.

Find the Municipal Calendar for the entire year in the SDML Handbook for Municipal Officials, Directory of SD Municipal Officials, or at www.sdmunicipalleague.org. 54

SOUTH DAKOTA MUNICIPALITIES

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