By Dana Hess, Community News Service
PIERRE — A bill that would have opened state tournaments to more broadcasters died Tuesday morning in the Senate Education Committee.
HB1213 would have kept the South Dakota High School Activities Association from granting an exclusive contract to broadcast state tournaments and a variety of fine arts performances. That contract is currently held by South Dakota Public Broadcasting.
Rep. Spencer Gosch, R-Glenham, who works for Dakota Radio Group in Pierre, said the exclusivity in the SDHSAA broadcasting contract shuts out a broadcaster who “has been covering that team for the entirety of the year.”
Gosch described his broadcast tools as a headset and an iPad on a tripod that he uses to video the game. That video is synced with his radio commentary.
Opposing the bill was Dan Swartos, executive director of the SDHSAA, who drew a distinction between journalism and broadcasting a game in its entirety.
“We don’t restrict reporting by the press,” Swartos said, adding that members of the press are allowed to report on the game, take photos, broadcast live audio and record video to present viewers with highlights or for social media. Schools may video the games as can parents in the stands. “We allow coverage of every one of our events.”
The current contract with SDPB includes all state events sanctioned by the activities association. That includes athletic tournaments and fine arts performances. Swartos said the exclusivity of the contract is what allows the association to force coverage of all the events, not just the popular ones like basketball tournaments and the football championships.
“A lot of those other events would not receive coverage,” Swartos said, if they weren’t required by the exclusive contract.
All the funding the association receives from the contract is funneled back to schools, according to Swartos, to help them cover the costs associated with attending a state tournament. Swartos said the current contract calls for a payment from SDPB of $82,500. The association also gets a percentage of the advertising revenue, bringing the value of the contract to somewhere between $90,000 and $100,000.
Sen. Jim Bolin, R-Canton, described the SDHSAA contract as a “natural monopoly” and likened it to a school that only allows one entity to sell concessions at its athletic events. Gosch replied that natural monopolies may exist, but government shouldn’t be allowed to create them.
Gosch noted that SDPB receives funding from federal grants, the state government and viewers; all of it money, in one form or another, coming from taxpayers.
Sen. V.J. Smith, R-Brookings, said public interest is highest in football, boys’ basketball and girls’ basketball. “After that it drops like a rock,” Smith said. Keeping the contract exclusive would ensure that “other activities in the schools will be exposed.”
Sen. Phil Jensen, R-Rapid City, said that all activities are not created equal.
“The cream rises to the top and not everybody gets coverage,” Jensen said.
Sen. Troy Heinert, D-Mission, said SDPB produces a quality product, noting the high interest in a recent heavyweight wrestling match.
“If you went anywhere in this town,” Heinert said, “that match was on.”
HB1213 has already been approved by the House. A motion to pass the bill out of the Senate Education Committee failed on a vote of 3-4. A motion to send the bill to the 41st day, a method for disposing of legislation, was approved on a vote of 5-2.
