In this year’s general election, county voters are being asked to choose among three people to fill two seats on the Minnehaha County Commission.
Incumbent Dean Karsky (Republican) is facing two challengers, Anny Libengood (Independent) and Cole Heisey (Republican), in that General Election.
In this week’s Gazette, we are giving each candidate the opportunity to look at what they felt were the three most important issues facing the county, and how they would address them.
While Election Day is Tuesday, Nov. 5, absentee voting is happening now on the third floor of the Minnehaha County Administration Building at 6th and Minnesota in Sioux Falls.
Name: Anny Libengood.
Address (city): Sioux Falls.
Occupation: Operations Specialist in the Financial Technology Industry.
Education/experience: BA from SDSU. Social Worker. I worked for Minnehaha County in the Human Services department for almost 18 years.
What do you see as the three most important issues facing Minnehaha County currently and/or in the next few years, and how could these be best addressed by you as a county commissioner?
1. Property taxes. At this point in my campaign, I have spoken to almost every Minnehaha County Department head. Each of them has called out the state in one way or another. State law mandates the county to pay for many, many things, yet provides the county with one flawed mechanism for funding.
Commissioners choose opt outs (raising property taxes) instead of putting in the time and effort to create meaningful change. Minnehaha County Commissioners have tools at their disposal including a lobbyist, attorneys and membership in the South Dakota Association of County Commissioners (SDACC). Our own commission chair was the president of the SDACC beginning in 2021. I will put in the work and get it done.
Property taxpayers have had enough. During the Sept. 24 Minnehaha County Commission meeting, the commission chair stated they (the commissioners) were all taxpayers, too, so they do approach the budget process with prudence.
The commission also boasted that the levy is the lowest it has been in a dozen years, yet that won’t keep taxes from going up. These statements fall flat.
Every single dollar matters to our taxpayers, especially to those of very low to middle income earners. Those taxpayers are the people I cared for while working for Human Services, and those are the people who need a voice (followed by action) on the Minnehaha County Commission.
2. Home Rule. Current commissioners will bring this concept of government reform back.
When the Home Rule Charter was haphazardly proposed in July, no commissioner involved had a conversation with the three elected officials nor the staff it would affect. And they still haven’t. The voters were insulted, and employees were humiliated and devalued. No one deserves that.
The real problem as I see it is the county has grown so much that a part-time commission no longer makes sense. I know I want the commission I elect to do the job intended. I don’t want the commission hiring someone else to do their job. I will work with staff, voters, and experts in government long range planning to create and implement a solid strategic plan.
The plan should promote smaller government, cost effectiveness, and transparency. As one department head told me, too much is being done in executive sessions and behind the scenes.
As an employee, I witnessed inefficiencies and waste as a result of uninformed commission decision making. As a Commissioner, I will do my research and gather information from multiple avenues and sources to make informed decisions. In addition, taxpayers outside of Sioux Falls will not be forgotten and lines of communication between the county, cities, and townships will be strengthened.
3. Employee hiring and retention. When my husband and I worked for Equalization and Human Services, respectively, we understood the value of our county’s public servants as well as the integral services they provide.
Human Resources presented early this year that 41% of employees were new, working for the county less than four years. This is an expensive statistic. If our county employees don’t have the tools or culture in place in order to be successful, everyone suffers.
I will work closely with Human Resources and Department Heads to bolster hiring, onboarding, and retention programming and processes.
Name: Dean Karsky
Address (city): Sioux Falls.
Occupation: Insurance and Financial Services Agent.
Education/experience: Business owner for 36 years, United States Air Force active duty 1983 -1989, Bachelor of Science Troy State University (AL), Associates Degree from Community College of the Air Force, numerous other professional designations.
What do you see as the three most important issues facing Minnehaha County currently and/or in the next few years, and how could these be best addressed by you as a county commissioner?
1. Property taxes. We must continue to weigh the population growth of the county with the increased need of public services and how to best deliver those services within our means. 57% of our budget revenues come from property tax levies, and over 97% of our budget expenditures are statutorily mandated, so we have a very small margin to work with once we pay all the bills that are required to be paid.
Employee wages are the greatest share of the budget and almost all the growth of that expense has been in public safety and criminal justice.
My 13 years of budget experience as a Sioux Falls City Councilor and Minnehaha County Commissioner allow me to understand the process and implications of proper decisions.
2. The cost of public safety. Seven years ago, we spent less than 50 percent of our budget on public safety related expenses, in 2025 it will be nearly 70 percent.
A great effort is made to utilize federal, state, and private grant money to help keep the budget in check. We need to continue to collaborate with other counties and government bodies to share expenses, especially in jails, juvenile justice issues, and courthouses. As a commissioner, I am most focused on issues of public safety; whether it is law enforcement, fire protection, ambulance services, judicial and courts, we must budget to keep citizens safe.
3. Facilities. A 2017 USD master plan and a 2019 citizen involved Facilities Task Force identified similar issues for us to address by 2032, at which time we will be out of space and have facilities that are beyond reasonable repair.
We are initiating a plan that will give us a vision for what the county facilities could look like to best deliver services to the citizens.
It will be up to the commission board to work with department heads, other elected officials, and the community to make decisions that will have an impact for decades to come.
Name: Cole Heisey
Address (city): Sioux Falls.
Occupation: Insurance Agent.
Education/experience: O’Gorman High School; USD, Bachelor’s Degree in Political Science (minor in Philosophy); member of Young Professionals Network; Board of SD Young Republicans; Board of Sioux Falls Area Right to Life.
What do you see as the three most important issues facing Minnehaha County currently and/or in the next few years, and how could these be best addressed by you as a county commissioner?
1. I’m determined to tackle the persistent rise in property taxes head-on. With our community growing rapidly, balancing economic and population growth with our needs and values, while also preserving its unique character, is a top priority for me.
The government’s role is to responsibly manage community resources, ensuring that every taxpayer dollar enhances residents’ lives and is spent wisely. This includes overseeing and funding essential county services, such as law enforcement and first responders, as well as the construction and maintenance of roads, bridges, and other infrastructure—all with a focus on prudent oversight and long-term planning.
2. Managing and overseeing countywide economic growth will likely be the most demanding aspect of my day-to-day responsibilities.
Ensuring responsible growth without overburdening public resources will require constant balance. As a commissioner, I will prioritize both immediate needs and long-term goals in every decision.
It’s essential to honor the residents who have called this place home for generations, while also being responsive and forward-thinking for those who now call our county home.
3. Maintaining a transparent and responsive government which respects and works with all citizens is crucial to upholding public trust and accountability. I am committed to fostering a thriving county where citizens’ rights are protected, and their voices are heard.
Upholding local control is a key part of this. Keeping decision-making as local as possible – closest to our residents, where all voices can be heard, whether right, left, or center – is an issue close to my heart.
When citizens have questions or issues, I will prioritize addressing their concerns and providing effective constituent services.
Last Saturday, the 3rd Annual Harvest Fest was held on Depot Avenue, with attendees getting to enjoy hayrides behind a vintage tractor, baby goats, late season vegetable and jam options, plenty of handmade items, and much more. Attendees of all ages enjoyed themselves, and organizers Kelli Schleuter and Anne Pedersen Weber were happy with the robust turnout. More fall activities will be happening throughout the month, so take a look at the Community Events Calendar here to ensure you don't miss anything!
The Garretson School Board met for a special meeting on Oct. 7th, 2024, starting at 7:30 p.m. Almost all of the meeting was held in executive session as the school board conducted a legal hearing about a student matter. Though the wording of that is cagey, when a student is being suspended from school it is the purview of the administration, but in the case of actual expulsion the board must vote to expel a student and once that is done, under South Dakota law they cannot attend any public school in South Dakota for one year from the time of their expulsion; they must be either homeschooled, privately school or attend school in another state.
Clearly, that’s what the special meeting on Monday was all about. The school board appointed lawyer Gerry Kaufman as hearing officer and attorney for the board. Tiffani Landeen of Landeen Law of Sioux Falls represented the student and his family in a defense role. Landeen Law specializes in juvenile, family and criminal defense law. Taking the effective role of prosecutor was Cassidy M. Stalley, of Lynn, Jackson, Shultz, Lebrun Law Firm of Rapid City.
The session was closed to the public. Board President Natasha Mendoza declared them to be in executive session at 7:33 p.m., but we can note the following facts from observation. The student and his family were present for the whole of the meeting. Photographic and video evidence was reviewed and multiple witnesses were called throughout the course of the proceedings with four recesses called for breaks and deliberations. Witnesses included School Administators Guy Johnson and Chris McGregor, and Minnehaha County Sherriff’s Deputy and School Resource Officer Jason Aanenson. The proceedings continued until well past 11 o’clock.
Several more witnesses were waiting for their turn to testify when Ms. Landeen informed them that their testimony would be heard at a later time. Shortly thereafter, at 11:20 p.m., President Mendoza declared the board out of executive session and board member Shannon Nordstrom made a motion to recess the hearing until next week when the board would reconvene the hearing during an executive session at the end of their next regularly scheduled board meeting on Oct. 14. Tana Clark seconded the motion, and all voted in the affirmative. They then voted to adjourn for the night.
Last Tuesday, the Garretson Cross Country team headed to Volga for the Sioux Valley Invite, competing with teams such as West Central, Deuel, Estelline/Hendricks, Clark, Flandreau, and Madison.
Sebastian Deyoung at the Jesse James Invite in September 2024. //Carrie Moritz, Gazette
Boys Varsity had four competitors from Garretson, placing sixth overall. Sophomore Carter Siemonsma, who has been placing near or at the top for Garretson this season, took home fifth place with a time of 17:53.74. Teammates Sebastian Deyoung, Ethan McGregor, and Noah Schotzko came in together at 37, 38, and 39th place, respectively, with times just over 20 minutes.
The JV boys took home 3rd overall, with Talon Miller in the top eight with a time of 17:13.03 on the 4,000-meter route. He was followed closely by Michael Hanisch, who placed 11th. Cooper Smith, Bence Bonte, and Lukas Ludewig were in the top twenty.
JV girls only saw Eliza Potter compete for Garretson, taking home 22nd place.
Garretson will be hosting the Big East Conference today (Thursday), with Varsity girls beginning at 1:00 p.m., Varsity boys at 1:30 p.m., JV girls at 2:00 p.m., and JV boys at 2:30 p.m. Next week, they'll start wrapping up their season with the Region 2A meet in Volga.
The last two games have gone well for the Lady Dragon Varsity Volleyball team, as they faced off with Alcester-Hudson and Elkton-Lake Benton and won both times.
Emma Wolf on the spike. //Carrie Moritz, Gazette
Aleah Wagner //Carrie Moritz, Gazette
The match against Alcester-Hudson was not an even one, as the Dragons sent the Cubs home thoroughly whipped last week Tuesday, October 1. The home team exploited each of their opponent's weaknesses, ending each set 25-11, 25-12, 26-24. The Cubs had been 3-15 on the season, while the Dragons are up on the win-loss records for the year.
After a short break, the Lady Dragons headed to Elkton-Lake Benton to take on the Elks on Monday. There, the two evenly-matched teams traded off set-by-set as Garretson took the first two 25-17 and ELB took the next two 22-25 and 20-25.
In the deciding fifth set, the two teams stayed neck-in-neck as the Dragons would pull ahead and watch the Elks match their points each time. Once they matched 9-9, however, the Dragons' fortunes turned, and they pulled into the lead and kept it, only allowing the Elks two more points while they gathered the final six.
Aleah Wagner and Maci Rotert (#15) dive to save a play. //Carrie Moritz, Gazette
Now sitting at 9-7 for the season, the Lady Dragons hosted Dell Rapids St. Mary's on Tuesday (results not available at press time). The well-formulated team with a win-loss ratio of 14-3 promised to be a hard game. On Thursday, the team faces another tough team in Canton as they head south to take on the 16-4 C-Hawks. Next Monday, the Dragons will host Lennox, with the varsity game beginning at 7:15 p.m.
The Blue Dragon Soccer team played its final two games of the regular season last week, heading to Marshall, MN on Tuesday and hosting Groton Area on Saturday. The game against Marshall ended in a tie 1-1, while the Dragons had a tough time against Groton, coming away with a 0-3 score.
Ava Ockenga on the steal. //Carrie Moritz, Gazette
In the at-home game last Saturday, the team in blue played a solid match. However, Groton worked to keep the ball on the Dragon's goal, and slipped all three past goalie Cortney Rogich before the first half was completed. In one frustrating play, the ball bounced over Rogich's head before landing at the back of the net.
Stella Frewaldt on the kick. //Carrie Moritz, Gazette
Though they were unable to get too many shots at the back of their opponents' net, the Dragons were able to prevent the Tigers from scoring any further points in the second half, ending the game 0-3.
The team headed into the postseason on Tuesday in the Class A State Quarterfinals, traveling to #3 seed Dakota Valley (results not available at press time). The winner of that game was slated to play either Groton Area or Vermillion on Saturday, October 12 at the higher seeded school.
Cortney Rogich works to stop a goal. //Carrie Moritz, Gazette
Garretson football is having a rough go of it, and it doesn’t help that this past Friday at home they played one of the top teams in the state.
Tyler Erickson on the carry. //Garrick A Moritz, Gazette
“The highly ranked, #3 in the state, Elkton/Lake Benton came to town on Friday night and they came to play hard,” said head coach Jerry Weiland. “We had a strong start, with an interception early, getting control of the ball shortly after kickoff.”
Later in that first quarter, after the Elks had scored, the Blue Dragons were struggling for the second time to make a first down. On the fourth down, the punt team was called onto the field, but no punt materialized, as Brock Bonte made a sneaky rush for a first down. The deceptive play was well done and sent the crowd roaring with cheer.
Jackson Arend on the carry. //Garrick A Moritz, Gazette
Treyton Decker //Garrick A. Moritz, Gazette
“You can usually get away with that once,” commented assistant Athletic Director Kevin Steckler. “Looking at the size difference of the Elks versus our guys out there, and the upcoming loss on downs, well it was clearly time for our guys to pull every trick out of the bag they can, and they pulled that one off really well.”
Being clever and tricky is always something you want to do to play a good game, and even though the Blue Dragons were clearly outclassed by the Elks, they kept fighting with spirit. But that solid line of Elks and their aggressive offense was just too much for the Blue Dragons to handle. Too many dropped balls and missed opportunities left the game 0-28 in favor of the Elks by the half.
“We just could not convert on our passing game,” said Coach Weiland. “And inopportune penalties hurt our drives.”
Final score was 0-42. The Blue Dragons are heading to Howard this Friday.
State officials said Monday afternoon that they’re removing 273 noncitizens from the South Dakota voter roll, but they provided few additional details.
A news release from the state Department of Public Safety said the department “discovered the need for this correction” and worked with the state Bureau of Information and Telecommunications to “implement a fix and ensure election integrity.”
The removal is being executed by the South Dakota Secretary of State’s Office, the news release said.
“Ensuring the integrity of our elections is our highest priority,” said South Dakota Secretary of State Monae Johnson in the news release. “We are proud of the thorough work done to safeguard South Dakota’s voter rolls.”
The news release did not say whether the noncitizens had voted, how they got on the voter roll, what counties they registered in, or what countries they originated from. (Editor's Note: The Dakota Scout reported that of the 273 non-citizens, only one had cast a ballot in years prior.)
South Dakota Searchlight attempted to pose those questions to Department of Public Safety spokesman Brad Reiners. He said “the press release speaks for itself” but said additional questions could be directed to the Secretary of State’s Office. When contacted by phone, that office asked for questions to be submitted via email. Searchlight submitted questions and is awaiting a response.
South Dakota has 682,031 total registered voters, according to Monday’s news release. The voter registration deadline for the Nov. 5 election is Oct. 21.
South Dakota Searchlight is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. South Dakota Searchlight maintains editorial independence.
Editor's Note: Below is the full text for all 2024 South Dakota Ballot Measures as published in the October 10, 2024 Gazette for the election to be held on November 5, 2024. We recommend taking your time to read through all of them, and use neutral sources to research the pros and cons of each measure before you head to the polls. For quality articles on all items, please visit the South Dakota News Watch 2024 Voter Guide or South Dakota Searchlight's 2024 Voter Guide. Both are extremely high quality sources of information that will bring you the best perspectives on how each will impact you and your fellow South Dakotans.
2024 Statewide Ballot Measures
Underscores indicate new language.
Overstrikes indicate deleted language.
Constitutional Amendment E
Title: An Amendment to the South Dakota Constitution Updating Gender References for Certain Officeholders and Persons.
Attorney General Explanation: The South Dakota Constitution became effective upon the State joining the United States in 1889. The generic male pronouns he, his, and him are used in the text of the State Constitution to reference certain officeholders or individuals.
This amendment changes the text of the State Constitution to remove the use of generic male pronouns when referencing certain officeholders or individuals. For example, when referencing the Governor, instead of saying “he shall be commander-in-chief of the armed forces of the state,” the text will be changed to read “the Governor shall be commander-in-chief of the armed forces of the state.” The amendment makes similar changes to other references to the Governor, as well as to references to other officeholders including Lieutenant Governor, Supreme Court Justices, and Circuit Court Judges. The amendment also makes similar changes to references in the Constitution to general classes of people such as persons, electors, and public officers.
Vote "Yes" to adopt the amendment.
Vote "No" to leave the Constitution as it is.
Full Text of Constitutional Amendment E:
A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, updating references to certain officeholders and persons.
Be it resolved by the Senate of the State of South Dakota, the House of Representatives concurring therein:
Section 1. That at the next general election held in the state, the following amendments to the Constitution of the State of South Dakota, as set forth in sections 2 through 25 of this Joint Resolution, which is hereby agreed to, shall be submitted to the electors of the state for approval.
§ 3. The Governor shall be responsible for the faithful execution of the law. He The Governor may, by appropriate action or proceeding brought in the name of the state, enforce compliance with any constitutional or legislative mandate, or restrain violation of any constitutional or legislative power, duty or right by any officer, department or agency of the state or any of its civil divisions. This authority shall not authorize any action or proceedings against the Legislature.
He The Governor shall be commander‑in‑chief of the armed forces of the state, except when they shall be called into the service of the United States, and may call them out to execute the laws, to preserve order, to suppress insurrection or to repel invasion.
The Governor shall commission all officers of the state. He The Governor may at any time require information, in writing or otherwise, from the officers of any administrative department, office or agency upon any subject relating to the respective offices.
The Governor shall at the beginning of each session, and may at other times, give the Legislature information concerning the affairs of the state and recommend the measures he the Governor considers necessary.
The Governor may convene the Legislature or either house thereof alone in special session by a proclamation stating the purposes of the session, and only business encompassed by such purposes shall be transacted.
Whenever a vacancy occurs in any office and no provision is made by the Constitution or laws for filling such vacancy, the Governor shall have the power to fill such vacancy by appointment.
The Governor may, except as to convictions on impeachment, grant pardons, commutations, and reprieves, and may suspend and remit fines and forfeitures.
§ 5. The lieutenant governor shall be president of the senate but shall have no vote unless the senators be equally divided. The lieutenant governor shall perform the duties and exercise the powers that may be delegated to him the lieutenant governor by the Governor.
§ 8. All executive and administrative offices, boards, agencies, commissions and instrumentalities of the state government and their respective functions, powers and duties, except for the office of Governor, lieutenant governor, attorney general, secretary of state, auditor, treasurer, and commissioner of school and public lands, shall be allocated by law among and within not more than twenty‑five principal departments, organized as far as practicable according to major purposes, by no later than July 1, 1974. Subsequently, all new powers or functions shall be assigned to administrative offices, agencies and instrumentalities in such manner as will tend to provide an orderly arrangement in the administrative organization of state government. Temporary commissions may be established by law and need not be allocated within a principal department.
Except as to elected constitutional officers, the Governor may make such changes in the organization of offices, boards, commissions, agencies and instrumentalities, and in allocation of their functions, powers and duties, as he the Governor considers necessary for efficient administration. If such changes affect existing law, they shall be set forth in executive orders, which shall be submitted to the Legislature within five legislative days after it convenes, and shall become effective, and shall have the force of law, within ninety days after submission, unless disapproved by a resolution concurred in by a majority of all the members of either house.
§ 5. The Supreme Court shall have such appellate jurisdiction as may be provided by the Legislature, and the Supreme Court or any justice thereof may issue any original or remedial writ which shall then be heard and determined by that court. The Governor has authority to require opinions of the Supreme Court upon important questions of law involved in the exercise of his the Governor's executive power and upon solemn occasions.
The circuit courts have original jurisdiction in all cases except as to any limited original jurisdiction granted to other courts by the Legislature. The circuit courts and judges thereof have the power to issue, hear and determine all original and remedial writs. The circuit courts have such appellate jurisdiction as may be provided by law.
Imposition or execution of a sentence may be suspended by the court empowered to impose the sentence unless otherwise provided by law.
§ 6. Justices of the Supreme Court, judges of the circuit courts and persons presiding over courts of limited jurisdiction must be citizens of the United States, residents of the state of South Dakota and voting residents within the district, circuit or jurisdiction from which they are elected or appointed. No Supreme Court justice shall be deemed to have lost his lose voting residence in a district by reason of his removal because the justice moved to the seat of government in the discharge of his the justice's official duties. Justices of the Supreme Court and judges of circuit courts must be licensed to practice law in the state of South Dakota.
§ 7. Circuit court judges shall be elected in a nonpolitical election by the electorate of the circuit each represents for an eight‑year term.
A vacancy, as defined by law, in the office of a Supreme Court justice or circuit court judge, shall be filled by appointment of the Governor from one of two or more persons nominated by the judicial qualifications commission. The appointment to fill a vacancy of a circuit court judge shall be for the balance of the unexpired term; and the appointment to fill a vacancy of a Supreme Court justice shall be subject to approval or rejection as hereinafter set forth.
Retention of each Supreme Court justice shall, in the manner provided by law, be subject to approval or rejection on a nonpolitical ballot at the first general election following the expiration of three years from the date of his the appointment. Thereafter, each Supreme Court justice shall be subject to approval or rejection in like manner every eighth year. All incumbent Supreme Court justices at the time of the effective date of this amendment shall be subject to a retention election in the general election in the year in which their respective existing terms expire.
§ 8. The chief justice shall be selected from among the justices of the Supreme Court for a term and in a manner to be provided by law. The chief justice may resign his office the office of chief justice without resigning from the Supreme Court.
§ 9. The Legislature shall provide by law for the establishment of a judicial qualifications commission which have such powers as the Legislature may provide, including the power to investigate complaints against any justice or judge and to conduct confidential hearings concerning the removal or involuntary retirement of a justice or judge. The Supreme Court shall prescribe by rule the means to implement and enforce the powers of the commission. On recommendation of the judicial qualifications commission the Supreme Court, after hearing, may censure, remove or retire a justice or judge for action which constitutes willful misconduct in office, willful and persistent failure to perform his official duties, habitual intemperance, disability that seriously interferes with the performance of the duties or conduct prejudicial to the administration of justice which brings a judicial office into disrepute. No justice or judge shall sit in judgment in any hearing involving his the justice's or judge's own removal or retirement.
§ 10. During his term of office While in office, no Supreme Court justice or circuit court judge shall engage in the practice of law. Any Supreme Court justice or circuit court judge who becomes a candidate for an elective nonjudicial office shall thereby forfeit his the justice's or judge's judicial office.
§ 11. The chief justice is the administrative head of the unified judicial system. The chief justice shall submit an annual consolidated budget for the entire unified judicial system, and the total cost of the system shall be paid by the state. The Legislature may provide by law for the reimbursement to the state of appropriate portions of such cost by governmental subdivisions. The Supreme Court shall appoint such court personnel as it deems necessary to serve at its pleasure.
The chief justice shall appoint a presiding circuit judge for each judicial circuit to serve at the pleasure of the chief justice. Each presiding circuit judge shall have such administrative power as the Supreme Court designates by rule and may, unless it be otherwise provided by law, appoint judicial personnel to courts of limited jurisdiction to serve at his the pleasure of the presiding circuit judge. Each presiding circuit judge shall appoint clerks and other court personnel for the counties in his the presiding judge's circuit who shall serve at his the pleasure of the presiding judge at a compensation fixed by law. Duties of clerks shall be defined by Supreme Court rule.
The chief justice shall have power to assign any circuit judge to sit on another circuit court, or on the Supreme Court in case of a vacancy or in place of a justice who is disqualified or unable to act. The chief justice may authorize a justice to sit as a judge in any circuit court.
The chief justice may authorize retired justices and judges to perform any judicial duties to the extent provided by law and as directed by the Supreme Court.
§ 3. The right to worship God according to the dictates of conscience shall never be infringed. No person shall be denied any civil or political right, privilege or position on account of his the person's religious opinions; but the liberty of conscience hereby secured shall not be so construed as to excuse licentiousness, the invasion of the rights of others, or justify practices inconsistent with the peace or safety of the state.
No person shall be compelled to attend or support any ministry or place of worship against his the person's consent nor shall any preference be given by law to any religious establishment or mode of worship. No money or property of the state shall be given or appropriated for the benefit of any sectarian or religious society or institution.
§ 7. In all criminal prosecutions the accused shall have the right to defend in person and by counsel; to demand the nature and cause of the accusation against him the accused; to have a copy thereof; to meet the witnesses against him the accused face to face; to have compulsory process served for obtaining witnesses in his on the accused's behalf, and to a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.
§ 20. All courts shall be open, and every man person for an injury done him in his to the person's property, person or reputation, shall have remedy by due course of law, and right and justice, administered without denial or delay.
§ 2. Every United States citizen eighteen years of age or older who has met all residency and registration requirements shall be entitled to vote in all elections and upon all questions submitted to the voters of the state unless disqualified by law for mental incompetence or the conviction of a felony. The Legislature may by law establish reasonable requirements to insure ensure the integrity of the vote.
Each elector who qualified to vote within a precinct shall be entitled to vote in that precinct until he the elector establishes another voting residence. An elector shall never lose his residency for voting solely by reason of his the elector's absence from the state.
§ 9. The lands mentioned in this article shall be leased for pasturage, meadow, farming, the growing of crops of grain and general agricultural purposes, and at public auction after notice as hereinbefore provided in case of sale and shall be offered in tracts not greater than one section. All rents shall be payable annually in advance, and no term of lease shall exceed five years, nor shall any lease be valid until it receives the approval of the Governor.
Provided, that any lessee of school and public lands shall, at the expiration of a five‑year lease, be entitled, at his the lessee's option, to a new lease for the land included in his the lessee's original lease, for a period of time not exceeding five years, without public advertising, at the current rental prevailing in the county in which such land is situated, at the time of the issuance of the new lease. The commissioner of school and public lands shall notify by registered mail each lessee or assignee on or before the first day of November first preceding the expiration of his the lessee's lease that such lease will expire.
Such option shall be exercised by the lessee by notifying the commissioner of school and public lands by registered mail, on or before the first day of December first preceding the expiration of his the lessee's lease describing the lands for which he the lessee desires a new lease, in the same manner as the same is described in his the lessee's original lease.
The Legislature may provide by appropriate legislation for the payment of local property taxes by the lessees of school and public lands.
§ 3. The Legislature shall never grant any extra compensation to any public officer, employee, agent or contractor after the services shall have been rendered or the contract entered into, nor authorize the payment of any claims or part thereof created against the state, under any agreement or contract made without express authority of law, and all such unauthorized agreements or contracts shall be null and void; nor shall the compensation of any public officer be increased or diminished during his the officer's term of office: provided, however, that the Legislature may make appropriations for expenditures incurred in suppressing insurrection or repelling invasion.
§ 4. An itemized statement of all receipts and expenditures of the public moneys shall be published annually in such manner as the Legislature shall provide, and such statement shall be submitted to the Legislature at the beginning of each regular session by the Governor with his the Governor's message.
§ 7. No person shall be tried on impeachment before he shall have been being served with a copy thereof at least twenty days previous to the day set for trial.
§ 5. In all elections for directors or managers of a corporation, each member or shareholder may cast the whole number of his the member's or shareholder's votes for one candidate, or distribute them upon two or more candidates, as he may prefer.
§ 3. Should no place voted for at said election have a majority of all votes cast upon this question, the Governor shall issue his a proclamation for an election to be held in the same manner at the next general election to choose between the two places having received the highest number of votes cast at the first election on this question. This election shall be conducted in the same manner as the first election for the permanent seat of government, and the place receiving the majority of all votes cast upon this question shall be the permanent seat of government.
§ 2. The Legislature by two‑thirds vote of each branch thereof at any regular session may fix the salary of any or all constitutional officers including members of the Legislature. In fixing any such salary the Legislature shall determine the effective date thereof and may in its discretion decrease or increase the salary of any officer during his the officer's term.
§ 3. Every person elected or appointed to any office in this state, except such inferior offices as may be by law exempted, shall, before entering upon the duties thereof, take an oath or affirmation to support the Constitution of the United States and of this state, and faithfully to discharge the duties of his the office.
Constitutional Amendment F
Title: An Amendment to the South Dakota Constitution Authorizing the State to Impose a Work Requirement on Individuals Eligible for Expanded Medicaid Benefits.
Attorney General Explanation: The Medicaid program is funded by the State and the federal government to provide medical coverage for certain low-income people who qualify for the program. In 2022, the voters approved a Constitutional provision that expanded Medicaid eligibility for any person over age 18 and under 65 whose income is at or below 133% of the federal poverty level, plus 5% of the federal poverty level for the applicable family size.
This constitutional amendment authorizes the State to impose work requirements on any person eligible to receive benefits under the expanded Medicaid program, except for those persons who are physically or mentally disabled. The amendment does not identify any specific work requirement that may be imposed on those receiving expanded Medicaid benefits. Any work requirement proposed by the State must be approved by the federal government prior to implementation.
Vote "Yes" to adopt the amendment.
Vote "No" to leave the Constitution as it is.
Full Text of Constitutional Amendment F:
A JOINT RESOLUTION, Proposing and submitting to the voters at the next general election, an amendment to the Constitution of the State of South Dakota, authorizing the state to impose work requirements on certain individuals who are eligible for expanded Medicaid.
Section 1. That at the next general election held in the state, the following amendment to Article XXI, § 10 of the Constitution of the State of South Dakota, as set forth in section 2 of this Joint Resolution, which is hereby agreed to, shall be submitted to the electors of the state for approval.
Section 2. That Article XXI, § 10 of the Constitution of the State of South Dakota, be AMENDED:
Beginning July 1, 2023, the State of South Dakota shall provide Medicaid benefits to any person over eighteen and under sixty-five whose income is at or below one hundred thirty-three percent of the federal poverty level plus five percent of the federal poverty level for the applicable family size, as authorized by federal law as of January 1, 2021. Such person shall receive coverage that meets or exceeds the benchmark or benchmark-equivalent coverage requirements, as such terms are defined by federal law as of January 1, 2021.
The State of South Dakota may not impose greater or additional burdens or restrictions on eligibility or enrollment standards, methodologies, or practices on any person eligible under this section than on any person otherwise eligible for Medicaid under South Dakota law, except that the State of South Dakota may, to the extent permitted by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, impose a work requirement on any person, eligible under this section, who has not been diagnosed as being physically or mentally disabled.
No later than March 1, 2023, the Department of Social Services shall submit all state plan amendments necessary to implement this section to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services.
The State of South Dakota shall take all actions necessary to maximize the federal financial medical assistance percentage in funding medical assistance pursuant to this section.
This section shall be broadly construed to accomplish its purposes and intents. If any provision in this section or the application thereof to any person or circumstance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of the section that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this section are severable.
Constitutional Amendment G
Title: An Initiated Amendment Establishing a Right to Abortion in the State Constitution.
Attorney General Explanation: This initiated amendment establishes a constitutional right to an abortion and provides a legal framework for the regulation of abortion. This framework would override existing laws and regulations concerning abortion.
The amendment establishes that during the first trimester a pregnant woman’s decision to obtain an abortion may not be regulated nor may regulations be imposed on the carrying out of an abortion.
In the second trimester, the amendment allows the regulation of a pregnant woman’s abortion decision, and the regulation of carrying out an abortion. Any regulation of a pregnant woman’s abortion decision, or of an abortion, during the second trimester must be reasonably related to the physical health of the pregnant woman.
In the third trimester, the amendment allows the regulation or prohibition of abortion except in those cases where the abortion is necessary to preserve the life or health of the pregnant woman. Whether an abortion is necessary during the third trimester must be determined by the pregnant woman’s physician according to the physician’s medical judgment.
Judicial clarification of the amendment may be necessary. The Legislature cannot alter the provisions of a constitutional amendment.
Vote "Yes" to adopt the amendment.
Vote "No" to leave the Constitution as it is.
Full Text of Constitutional Amendment G:
Amendment Text: That Article VI of the Constitution of the State of South Dakota be amended by adding a NEW SECTION:
Before the end of the first trimester, the State may not regulate a pregnant woman's abortion decision and its effectuation, which must be left to the judgment of the pregnant woman.
After the end of the first trimester and until the end of the second trimester, the State may regulate the pregnant woman's abortion decision and its effectuation only in ways that are reasonably related to the physical heath of the pregnant woman.
After the end of the second trimester, the State may regulate or prohibit abortion, except when abortion is necessary, in the medical judgment of the woman's physician, to preserve the life or health of the pregnant woman.
Constitutional Amendment H
Title: An Amendment to the South Dakota Constitution Establishing Top-Two Primary Elections.
Attorney General Explanation: Currently, to appear on the general election ballot, major party candidates for the following offices must participate in a partisan primary election: Governor, State Legislature, U.S. Senate and House of Representatives, and elected county offices. Only members of the candidate’s party may vote for that candidate unless that party has opened the primary to voters not affiliated with the party.
Minor party candidates may be chosen by primary or party convention.
Unaffiliated candidates (independents) are only required to file nominating petitions to appear on the general election ballot.
For the listed offices, this amendment requires one primary election wherein all candidates run against each other in their respective races, including major and minor party and unaffiliated candidates. A candidate may list any party next to their name on the ballot regardless of party affiliation or registration. All voters may vote for any candidate. The two candidates receiving the most votes advance to the general election. If there is more than one candidate to be elected to an office, the number of candidates advancing to the general election is twice the number to be elected.
Primary elections may be held for other offices.
The amendment may be challenged on constitutional grounds.
Vote "Yes" to adopt the amendment.
Vote "No" to leave the Constitution as it is.
Fiscal Note: Open primaries would require printing additional ballots at a cost of $0.47 per ballot. The additional cost statewide to counties would currently be approximately $23,667 for each primary election. The share of the total cost for each county will vary. There is no expected cost to state government.
Full Text of Constitutional Amendment H:
Be it enacted by the People of South Dakota:
That Article VII of the Constitution of South Dakota be amended by adding a NEW SECTION to read:
§ 4. A primary election held for the office of governor, a legislative office, a county office, the United States Senate, or the United States House of Representatives shall be open to all candidates and all qualified voters without regard to the candidates’ or voters’ party registration or affiliation, or lack thereof.
In a primary election covered by this section, each candidate must be listed on a single
primary ballot regardless of the candidate’s political party. A voter may vote for any primary
candidate regardless of the voter’s party affiliation or lack thereof. The two candidates receiving the highest number of votes cast in a primary election advance to the general election. If more than one candidate is to be elected to an office at the general election, the number of candidates advancing from the primary election is twice the number to be elected in the general election.
The general election ballot may only include those candidates advancing from the primary election. The legislature may, by law, establish procedures for replacing a candidate who advanced from the primary election but will not participate in the general election due to death, withdrawal from the race, or disqualification.
A candidate may select the name of a political party to be listed next to the candidate’s name on the primary ballot. The same political party designation shall appear next to the candidate’s name on the general election ballot if the candidate advances to the general election. Both the primary and general election ballots must state that a candidate’s indicated political party designation does not constitute or imply an endorsement of the candidate by the political party designated.
The legislature may establish any necessary procedures to implement this section.
If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity will not affect any other provision or application of the section that can be given effect without the invalid provisions or applications, and to this end the provisions of this section are severable.
Initiative Measure 28
Title: An Initiated Measure Prohibiting Taxes on Anything Sold for Human Consumption.
Attorney General Explanation: Currently, the State collects tax on the sale or use of certain goods, including foods and drinks. Many municipalities also collect these taxes.
This initiated measure prohibits the State from collecting sales or use tax on anything sold for human consumption. The measure eliminates these sources of revenue for the State.
Human consumption is not defined by state law. However, its common definition includes more than foods and drinks.
The measure does not prohibit the collection of sales or use tax on alcoholic beverages or prepared food. Prepared food is defined by law to include food that is sold heated or with utensils.
The measure may affect the State’s obligations under the tobacco master settlement agreement and the streamlined sales tax agreement. The master settlement agreement resulted from multi-state lawsuits against cigarette manufacturers for the public health effects of smoking. South Dakota’s annual share of the master settlement agreement is approximately $20 million. The streamlined sales tax agreement is a multistate program designed to simplify the collection of sales and use tax for companies selling in multiple jurisdictions.
Judicial or legislative clarification of the measure will be necessary.
Vote “Yes” to adopt the initiated measure.
Vote “No” to leave South Dakota law as it is.
Fiscal Note: Beginning July 1, 2025, the State could see a reduction in sales tax revenues of $123.9 million annually from no longer taxing the sale of anything sold for human consumption, except alcoholic beverages and prepared food. Municipalities could continue to tax anything sold for human consumption.
Full Text of Initiated Measure 28:
BE IT ENACTED BY THE PEOPLE OF SOUTH DAKOTA: That Title 10 be amended by adding a NEW SECTION to read:
Notwithstanding any other provision of law, the state may not tax the sale of anything sold for human consumption, except alcoholic beverages and prepared food. Municipalities may continue to impose such taxes.
Initiative Measure 29
Title: An Initiated Measure Legalizing the Recreational Use, Possession, and Distribution of Marijuana.
Attorney General Explanation: This initiated measure allows individuals 21 years of age or older to possess, grow, ingest, and distribute marijuana or marijuana paraphernalia. Individuals may possess up to two ounces of marijuana in a form other than marijuana concentrate or other marijuana products. Individuals may possess up to six marijuana plants with no more than twelve plants per household. The measure also places limits on the possession of other forms of marijuana and marijuana products.
Under the measure, the possession, ingestion, and distribution of marijuana and marijuana paraphernalia remains illegal for individuals under the age of 21. Driving under the influence of marijuana remains illegal.
The measure restricts where individuals may possess or consume marijuana, such as schools or where tobacco is prohibited.
The measure allows employers to restrict an employee's use of marijuana. Property owners may also regulate the use of marijuana on their property.
The measure does not affect State laws dealing with hemp. It also does not change laws concerning the State's medical marijuana program.
The measure legalizes marijuana-derived substances considered felony-controlled substances under State law. Marijuana remains illegal under federal law.
Judicial or legislative clarification of this measure may be necessary.
Vote “Yes” to adopt the initiated measure.
Vote “No” to leave South Dakota law as it is.
Fiscal Note: The state and municipalities would collect minimal additional sales tax revenue, as the measure would not decriminalize the sale of cannabis but would decriminalize the sale of cannabis accessories. Counties could see incarceration expenses reduced by $581,556 every year.
Full Text of Initiated Measure 29:
Be it enacted by the people of South Dakota.
Section 1. That title 34 be amended by adding a NEW SECTION to read:
Terms used in this chapter mean:
(1) “Local government,” a county, municipality, town, or township;
(2) “Cannabis,” the plant of the genus Cannabis, and any part of that plant, including the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, or the plant’s resin, including hash and marijuana concentrate. The term includes an altered state of marijuana absorbed into the human body. The term does not include hemp, as defined in § 38-35-1 or fiber produced from the stalks, oil or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administration, food, drink, or any other product;
(3) “Cannabis accessory,” any equipment, product, or material that is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing cannabis into the human body; and
(4) “Possession limit,” the following amounts of cannabis:
(a) Two ounces of cannabis in a form other than concentrated cannabis or cannabis products;
(b) Sixteen grams of concentrated cannabis, which includes hashish and cannabis extracts; and
(c) Cannabis products, other than concentrated cannabis, containing one thousand six hundred milligrams of tetrahydrocannabinol.
Section 2. That title 34 be amended by adding a NEW SECTION to read:
Subject to the limitations in this chapter, and notwithstanding any other law, the following acts, if done by a person at least twenty-one years of age, may not be an offense under state or local law, regulation, or ordinance; be subject to a civil fine, penalty, or sanction; be a basis for detention, search, or arrest; be a basis for the denial of any right or privilege; or be a basis for asset seizure or forfeiture:
(1) Possessing, using, ingesting, inhaling, processing, or transporting not more than the possession limit of cannabis; or transferring without consideration not more than the possession limit of cannabis to a person who is twenty-one years of age or older;
(2) Possessing, planting, cultivating, harvesting, drying, processing, or manufacturing not more than six cannabis plants and possessing and processing the cannabis produced by the plants, provided that the plants and any cannabis produced by the plants in excess of the possession limit are kept at one private residence only, are in a locked space at the private residence, are not visible by normal, unaided vision from a public place; and that the total number of plants at the private residence may not exceed twelve, even if more than two people who are twenty-one years of age or older live in the residence;
(3) Possessing, using, or manufacturing any cannabis accessory;
(4) Delivering, distributing, transferring, or selling a cannabis accessory to a person twenty-one years of age or older;
(5) Allowing the person’s property to be used for any of the acts permitted by this chapter; and
(6) Any combination of the acts allowed by this section.
Section 3. That title 34 be amended by adding a NEW SECTION to read:
Nothing in this chapter affects a law prohibiting:
(1) The delivery or distribution of cannabis or a cannabis accessory, with or without consideration, to a person younger than twenty-one years of age;
(2) The purchase, possession, use, or transport of cannabis or cannabis accessories by a person younger than twenty-one years of age;
(3) The consumption of cannabis by a person younger than twenty-one years of age;
(4) The operation of or being in physical control of any motor vehicle, train, aircraft, motorboat, or other motorized form of transport while under the influence of cannabis;
(5) The consumption of cannabis while operating or being in physical control of a motor vehicle, train, aircraft, motorboat, or other motorized form of transport, while it is being operated;
(6) The smoking of cannabis within a motor vehicle, aircraft, motorboat, or other motorized form of transport, while it is being operated;
(7) The possession or consumption of cannabis or possession of cannabis accessories on the grounds of a public or private preschool, elementary school, or high school, in a school bus, or on the grounds of any correctional or juvenile detention facility;
(8) The smoking of cannabis in a location where smoking tobacco is prohibited;
(9) The smoking of cannabis in a public place;
(10) The undertaking of any task under the influence of cannabis, if doing so would constitute negligence or professional malpractice; or
(11) Performing solvent-based extractions on cannabis using solvents other than water, glycerin, propylene glycol, vegetable oil, or food grade ethanol.
Section 4. That title 34 be amended by adding a NEW SECTION to read:
This chapter does not:
(1) Require an employer to permit or accommodate an employee to engage in conduct allowed by this chapter;
(2) Affect an employer’s ability to restrict the use of cannabis by an employee;
(3) Limit the right of a person who occupies, owns, or controls private property from prohibiting or otherwise regulating conduct permitted by this chapter on or in that property; or
(4) Limit the ability of the state or a local government to prohibit or restrict any conduct otherwise permitted under this chapter within a building owned, leased, or occupied by the state or the local government.
Referred Law 21
Title: A Referred Act to Provide New Statutory Requirements for Regulating Linear Transmission Facilities, to Allow Counties to Impose a Surcharge on Certain Pipeline Companies, and to Establish a Landowner Bill of Rights.
Attorney General Explanation: The Act authorizes counties to impose, for any tax year in which the pipeline operator receives a tax credit, a $1.00 per foot surcharge on carbon dioxide pipelines. Revenue from the surcharge must be distributed as tax relief to each property owner in the county where the pipeline is installed. Any remaining revenue can be allocated at each county's discretion. No other fee may be imposed except property taxes, or fees associated with road agreements.
The Act also imposes certain requirements on carbon dioxide pipelines: pipelines must be installed to a minimum depth; each pipeline operator is responsible for damages to drain tile, and to the surface owner, caused by the pipeline; each operator is also responsible for leaks or failures of the pipeline; and any land agent acting on behalf of the pipeline must be a pipeline employee, State resident, or State licensed real estate agent. The Act also includes requirements that carbon pipeline easements be in writing, and only enforceable for a specified period of time; pipeline operators must initiate business operations within five years of the easement; and each easement is void after five years of nonuse.
Vote "Yes" to allow the Act of the Legislature to become law.
Vote "No" to reject the Act of the Legislature.
Full Text of Referred Law 21:
An Act to provide new statutory requirements for regulating linear transmission facilities, to allow counties to impose a surcharge on certain pipeline companies, and to establish a landowner bill of rights.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added to chapter 10-4:
Pipelines for the transmission of carbon dioxide are not subject to any discretionary formulas authorized by this title.
Section 2. That a NEW SECTION be added to chapter 10-12:
A county may impose a pipeline surcharge up to one dollar per linear foot of carbon dioxide pipeline installed in the county, during any tax year that the carbon dioxide pipeline company claims a tax credit pursuant to 26 U.S.C. § 45Q (January 1, 2024).
For each county where a carbon dioxide pipeline company has installed a pipeline, the company shall report to the county the linear footage of carbon dioxide pipeline installed in the county.
A carbon dioxide pipeline company shall remit the pipeline surcharge to each applicable county in the same manner as provided for the payment of property taxes in chapter 10-21. The revenue derived from the pipeline surcharge must be distributed as follows:
(1) At least fifty percent as tax relief for property in the county where the carbon dioxide pipeline is located pro rata on a per foot basis to each property in the county upon which the pipeline is installed; and
(2) The remaining revenue to be allocated as determined by the county.
10-37-3. Any pipeline company having lines in this state shall annually, on or before April fifteenth of each year, make out and deliver to the Department of Revenue a statement, verified by the oath of an officer or agent of such pipeline company making such statement, showing in detail for the year ended December thirty-first next preceding:
(1) The name of the company;
(2) The nature of the company, whether a person or persons, an association, copartnership, corporation or syndicate, and under the laws of what state organized;
(3) The location of its principal office or place of business;
(4) The name and post office address of the president, secretary, auditor, treasurer, and superintendent or general manager;
(5) The name and post office address of the chief officer or managing agent in this state;
(6) The whole number of miles of pipeline owned, operated, or leased within the state, including a classification of the size, kind, and weight thereof, separated, so as to show the mileage in each county, and each lesser taxing district;
(7) A full and complete statement of the cost and actual present value of all buildings of every description owned by said pipeline company within the state and each lesser taxing district, not otherwise assessed;
(8) The number, location, size, and cost of each pressure pump or station;
(9) Any and all other property owned by said pipeline company within the state which property shall be classified and scheduled in such a manner as the secretary of revenue may by rule promulgated pursuant to chapter 1-26 require;
(10) The gross earnings of the entire company, and the gross earnings on business done within this state;
(11) The operating expenses of the entire company and the operating expenses within this state; and
(12) The net earnings of the entire company and the net earnings within this state; and
(13) Whether or not the pipeline company that installs a pipeline for carbon sequestration claims a tax credit under 26 U.S.C. § 45Q (January 1, 2024) in that year.
49-41B-1. The Legislature finds that energy development in South Dakota and the Northern Great Plains significantly surrounding states affects the welfare of the population, the environmental quality, the location and growth of industry, and the use of the agricultural and natural resources of the state. The Legislature also finds that by assuming permit authority, that the state must also ensure that these facilities are permitted and constructed in an orderly and timely manner so that the energy, commerce, and transmission requirements of the people of the state are fulfilled. Therefore, it is necessary to ensure that the location, construction, and operation of facilities will produce minimal adverse effects on the environment and upon the citizens of this state by providing that the permitting or siting of a facility is determined by the commission and a facility may not be constructed or operated in this state without first obtaining a permit from the commission.
49-41B-19. The Public Utilities Commission shall also hear and receive evidence presented by any state department, agency, or units of local government relative to the environmental, social, and economic conditions and projected changes therein elements in § 49-41B-22, and any applicable ordinance, resolution, or building code.
49-41B-28. A permit for the construction of a transmission facility within a designated area may supersede or preempt supersedes and preempts any county, township, or municipal, or any other governmental unit land use, zoning, or building rules, regulations rule, regulation, or ordinance. Any local land use, zoning, or building rule, regulation, or ordinance preempted or superseded under this section is not an applicable rule or law under subdivision 49-41B-22(1). A route or transmission facility permitted by the commission under this chapter is not subject to any local land use, zoning, or building rule, regulation, or ordinance, unless the commission requires compliance with any generally applicable rule, regulation, or ordinance as a condition of the permit issued. The enforcement of any county, municipal, township, or other governmental unit rule, regulation, or ordinance for a transmission facility permitted under this chapter must be done pursuant to the order of the commission granting the permit.
ordinances upon a finding by the Public Utilities Commission that such rules, or regulation, or ordinances, as applied to the proposed route, are unreasonably restrictive in view of existing technology, factors of cost, or economics, or needs of parties where located in or out of the county or municipality. Without such a finding by the commission, no route shall be designated which violates local land‑use zoning, or building rules, or regulations, or ordinances.
Section 7. That a NEW SECTION be added to chapter 49-41B:
A county, municipality, township, or other governmental unit, including governmental units chartered under S.D. Const., Art. IX, § 2, may not enact or increase, in any form, a tax, fee, or charge that is related to a gas or liquid transmission line or an electric transmission line which requires or holds a permit under chapter 49-41B. The provisions of this section do not prohibit:
(1) Real property taxes pursuant to title 10;
(2) Road use, construction, maintenance, and improvement agreements pursuant to titles 7, 8, 9, or 31; and
(3) The surcharge created by section 2 of this Act.
A county, municipality, township, or other governmental unit, including governmental units chartered under S.D. Const., Art. IX, § 2, may require a gas, liquid, or electrical transmission project to enter into a road use, construction, maintenance, and improvement agreement prior to construction.
Any fee or tax permitted under this section must be uniform and apply to all classes of facilities, except the surcharge listed under subdivision 3 of this section.
If after ninety days the applicant cannot come to terms with a county, municipality township, or other governmental unit, including governmental units chartered under S.D. Const., Art. IX, § 2, on a road use and maintenance agreement, the applicant may apply to the commission for an order in place of the agreement, specific to that unit of government and after notice and hearing the commission must grant an order determining the applicant's use and restoration of the units, roads, bridges, and rights of way.
Section 8. That a NEW SECTION be added to chapter 49-41B:
All pipelines carrying carbon dioxide must be installed so that the cover between the top of the pipe and the ground level, road bed, river bottom, or underwater natural bottom, as determined by recognized and generally accepted practices, must be a minimum of forty-eight inches in thickness and must be buried so that it is below the level of cultivation.
Section 9. That a NEW SECTION be added to chapter 49-41B:
An operator of a pipeline facility carrying carbon dioxide is liable for repairs of drain tile, which was installed prior to the installation of the pipeline facility, where the installation, construction, operation, maintenance, or repair of the pipeline facility is the proximate cause of the damage to the drain tile. The operator’s liability pursuant to this section shall:
(1) Continue for the life of the pipeline facility;
(2) Cover full replacement costs including without limitation material, labor, and equipment; and
(3) Include the reclamation and restoration of topsoil as part of any drain tile repair.
Section 10. That a NEW SECTION be added to chapter 49-41B:
An operator of a pipeline facility carrying carbon dioxide shall be liable for all damages resulting from the installation, construction, operation, maintenance, repair, leaks, ruptures, and other failures of the pipeline facility. The operator shall indemnify and hold the surface owner harmless from any loss, claim, or damage resulting from the installation, construction, operation, maintenance, repair, leaks, ruptures, and other failures of the pipeline facility, other than for gross negligence or willful misconduct of the surface owner.
In the event that the surface owner is a county, city, or other governmental unit, including governmental units chartered under S.D. Const., Art. IX, § 2, the operator’s liability and indemnification requirements shall include without limitation the governmental unit’s road, bridge, and other infrastructure damages.
Section 11. That a NEW SECTION be added to chapter 49-41B:
An operator of a pipeline facility carrying carbon dioxide must include an agricultural impact mitigation plan in its application for a permit under this chapter.
Section 12. That a NEW SECTION be added to chapter 49-41B:
An operator of a pipeline facility carrying carbon dioxide must offer a dispersion analysis into evidence before the commission. The commission may enter an order declaring such dispersion analysis, or a portion of the dispersion analysis, confidential. Any order declaring a dispersion analysis, or a portion of the dispersion analysis, as confidential must be justified in specific findings, in writing or on the record.
The commission must make the dispersion analysis available, in relevant part, to each applicable county, emergency manager, and law enforcement agency. The commission shall make available a dispersion analysis report to the public.
Section 13. That a NEW SECTION be added to chapter 49-41B:
A land agent acting on behalf of a pipeline facility carrying carbon dioxide must be a pipeline facility employee, a resident of the state, or a real estate agent licensed in the state.
Section 14. That a NEW SECTION be added to title 43:
Sections 14 to 15, inclusively, of this Act may be cited as the Landowner Bill of Rights.
Section 15. That a NEW SECTION be added to title 43:
Any landowner granting a carbon pipeline easement has the following rights:
(1) Each pipeline placed in a carbon pipeline easement must meet the minimum depth requirement in section 8 of this Act;
(2) The entity holding rights in the carbon pipeline easement must repair any damage to drain tile as set forth in section 9 of this Act;
(3) An operator of a pipeline facility carrying carbon dioxide is liable to a landowner for any leaks or repairs as provided in section 9 of this Act;
(4) An operator of a pipeline facility carrying carbon dioxide must indemnify the owner as provided in section 10 of this Act;
(5) Any applicant desiring to obtain a permit to operate a pipeline facility carrying carbon dioxide must file the plan as provided in section 11 of this Act;
(6) Any applicant desiring to obtain a permit to operate a pipeline facility carrying carbon dioxide must file a disclosure of the dispersion analysis as provided in section 12 of this Act;
(7) Any applicant desiring to obtain a permit to operate a carbon dioxide pipeline facility must engage a landowner as required by section 13 of this Act;
(8) Each carbon pipeline easement agreement must include a statement disclosing the information in HB 1186, § 2, if enacted by the Ninety-Ninth Legislature;
(9) If the easement holder mortgages or otherwise encumbers to any party any part of the easement holder's rights and interests under the carbon pipeline easement, the mortgage or encumbrance is enforceable only as permitted in HB 1186, § 2, if enacted by the Ninety-Ninth Legislature;
(10) A carbon pipeline easement is not enforceable after the period of time set forth in HB 1186, § 2, if enacted by the Ninety-Ninth Legislature;
(11) An operator of a pipeline facility holding the right in the carbon pipeline easement must initiate business operations within the time period set forth in HB 1186, § 2, if enacted by the Ninety-Ninth Legislature;
(12) A carbon pipeline easement expires after the passing of a period of nonuse as set forth in HB 1186, § 2, if enacted by the Ninety-Ninth Legislature;
(13) A carbon pipeline easement must be in writing as required by HB 1186, § 2, if enacted by the Ninety-Ninth Legislature;
(14) A landowner granting a carbon pipeline easement has the examination and survey protection rights as set forth in § 21-35-31; and
(15) To receive the one-time payment as provided in HB 1185, § 1, if enacted by the Ninety-Ninth Legislature.
Minutes of the Minnehaha County Commissioners for Oct. 1, 2024
Minnehaha County Conservation District Profit and Loss Jan-Dec 2023
South Dakota 2024 Statewide Ballot Measures for the Nov. 5th General Election
NOTICE TO CREDITORS OF INFORMAL PROBATE AND APPOINTMENT OF PERSONAL REPRESENTATIVE
Notice of Hearing: for Adult Name Change
Notice of Hearing: for Adult Name Change
NOTICE TO CREDITORS
NOTICE OF DEADLINE FOR VOTER REGISTRATION
Minutes of the Minnehaha County Building Committee for Oct. 1, 2024
NOTICE OF HEARING
Minutes of the Minnehaha County Commissioners for Oct. 1, 2024
THE MINNEHAHA COUNTY COMMISSION CONVENED AT 9:00 AM on October 1, 2024, pursuant to adjournment on September 24, 2024. COMMISSIONERS PRESENT WERE: Bender, Bleyenberg, Karsky, and Kippley. Commissioner Beninga was absent. Also present were Kym Christiansen, Commission Recorder, and Eric Bogue, Chief Civil Deputy State's Attorney.
Chair Karsky called the meeting to order.
MOTION by Kippley, seconded by Bender to Approve, to Approve the Agenda. 4 ayes
CONSENT AGENDA
MOTION by Bleyenberg, seconded by Kippley to Approve the Consent Agenda. By roll call vote: 4 ayes. The consent agenda includes the following items:
Commission Meeting Minutes for September 24, 2024
Bills to be Paid $811,969.85
3200 RUSSELL LLC Motels $4438.64, 3D SPECIALTIES INC Small Equipment Purchases $1800, A&B BUSINESS SOLUT Lease-Rental Agreement $370.63, A&B BUSINESS SOLUT Maintenance Contracts $395.25, A&B BUSINESS SOLUT Office Supplies $23.79, AARON GEORGE PROPERT Welfare Rent $1850, AIRGAS USA LLC Gas Oil & Diesel $74.4, AIRGAS USA LLC Small Tools & Shop Supplies $268.74, AIRWAY SERVICE INC Automotive/Small Equipment $1591.98, AIRWAY SERVICE INC Gas Oil & Diesel $315.63, ALL NATIONS INTERPRE Interpreters $2140, ANDERSON, JENNIFER Bd Evaluations (Minnehaha) $5774.94, ANDREW BERG Taxable Meal Allowances $14, APPEARA Program Activities $35, ARCADIA PUBLISHING I Store Inventory $865.12, ARMY LODGING Homeland Security $2860, AVERA MCKENNAN Hospitals $5145, AVERA MCKENNAN Subaward Contracts $15657.56, BANGS,MCCULLEN,BUTLE Attorney Fees $598, BANKSUPPLIES INC Office Supplies $105.99, BARNETT LEWIS FUNERA Burials $2000, BEAMAN, SUSAN Business Travel $26.86, BENINGA, GERALD Business Travel $336.55, BIERSCHBACH EQUIPMEN Automotive/Small Equipment $691, BILLION AND WEBER LA Attorney Fees $655.5, BILLION EMPIRE MOTOR Automotive/Small Equipment $129, BOECKHOLT, ANGIE Business Travel $200, BRENDE & MEADORS LLP Attorney Fees $2927.8, C & R SUPPLY INC Chemicals $1920, CENTURY BUSINESS PRO Maintenance Contracts $45.5, CHARMTEX INC Inmate Supplies $572.3, CHS INC Chemicals $172.55, CINTAS CORPORATION Janitorial Chemical Supplies $168.7, CINTAS CORPORATION Uniform Allowance $46.6, CORRECTIONAL MEDICAL Contract Services $283568.11, DAKOTA FLUID POWER I Heavy Equip Repairs & Maint $230.99, DUST TEX SERVICE INC Janitorial Chemical Supplies $42.9, EICH LAW OFFICE LLC Attorney Fees $230, ELECTION SYSTEMS & S Printing/Forms $130.5, ELECTION SYSTEMS & S Software/Licensing $3074.85, ELITE PROPERTIES LLC Welfare Rent $250, GARFIELD APTS Welfare Rent $700, GIRTON ADAMS Road Maint & Material $129, GLOBAL TEL LINK (GT Telephone $5.34, GOLDEN WEST Telephone $69.95, GRAHAM TIRE CO NORTH Automotive/Small Equipment $540.12, GRAHAM TIRE CO NORTH Truck Repairs & Maintenance $522.08, GRECO, TOM Business Travel $26, GREENLIGHT FINANCIAL Investigators Expenses $35, GRIESE LAW FIRM Attorney Fees $759, GUARDIAN Other Supplies $113, GUZMAN, SANDRA V Interpreters $786, HERITAGE FUNERAL HOM Burials $2500, HILLS STAINLESS TANK Truck Repairs & Maintenance $1743.15, HOFMEISTER JONES Burials $2500, HORTON, BARBARA Welfare Rent $1000, HYVEE ACCOUNTS RECEI Jury Fees $60.43, INTERSTATE ALL BATTE Truck Repairs & Maintenance $434.85, INTERSTATE OFFICE PR Office Supplies $1133.4, JAMES EICH Sign Deposits $50, JARCHOW, MEREDITH Business Travel $26, JCL SOLUTIONS Inmate Supplies $1164, JCL SOLUTIONS Kitchen/Cleaning Supplies $3117.57, JEFFERSON PARTNERS L Transportation $1787.2, JEO CONSULTING GROUP Architects & Engineers $10526.21, JIM BORK ENTERPRISES Office Supplies $400, JOHNSON, RICHARD L Child Defense Attorney $899.08, JON SAHLMAN Uniform Allowance $194.96, JOURNEY GROUP COMPAN Contracted Construction $30969.2, JUSTICE FIRE & SAFET Maintenance Contracts $468, JUSTICE FIRE & SAFET Professional Services $160, KAUFFMAN, DAVID W PH Psych Evals $2700, KENNEDY, RENEE S Court Reporters $388.1, KRUSE LAW OFFICE Attorney Fees $3118, KRUSE LAW OFFICE Child Defense Attorney $771.2, LG EVERIST INC Bridge Repair & Maintenance $324.17, LIGHT AND SIREN Automotive/Small Equipment $1446.26, LISA CARLSON REPORTI Court Reporters $21.25, LOCKWOOD & ZAHRBOCK Child Defense Attorney $2103.3, LOPEZ, REBECA Interpreters $562, LOVING, PHILIP Bd Evaluations (Minnehaha) $4876.54, LUTHER, JEFF Medical Director $2750, MALLOY ELECTRIC Automotive/Small Equipment $50.76, MEADOWLAND APARTMENT Welfare Rent $1240, MIDAMERICAN ENERGY C Natural Gas $1557.77, MIDAMERICAN ENERGY C Welfare Utilities $398.57, MIDCONTINENT COMMUNI Amounts Held For Others $135.39, MIKE HANTEN Sign Deposits $50, MOTION AND FLOW CONT Parts Inventory $465.45, MRG HAUFF LLC Civil Volunteers Donations Exp $419.59, MYERS & BILLION LLP Attorney Fees $4541.5, MYRL & ROYS PAVING I Road Maint & Material $52040.92, NATL SHERIFFS ASSOCI Memberships $500, NGUYEN, LAM Interpreters $30, NYBERGS ACE HARDWARE Automotive/Small Equipment $11.43, OLSON, DAWN Court Reporters $1323, PARK VIEW APTS Welfare Rent $700, PECHOUS, COREY Uniform Allowance $193.4, PENNINGTON COUNTY Extradition & Evidence $5194.31, PHILIP MAST Sign Deposits $50, PIEDMONT PLASTICS Program Activities $2400, PIONEER ENTERPRISES Burials $4500, QUALIFIED PRESORT SE Postage $190.98, RAMKOTA HOTEL Business Travel $1309.6, RAYMOND FUNKE Sign Deposits $50, REDWOOD TOXICOLOGY L Testing Supplies $15.59, RELIANCE TELEPHONE I Telephone $7.34, RINGING SHIELD,NICHO Bd Evaluations (Minnehaha) $495, RISTY, MAXINE J Court Reporters $209.9, RUSSELL DREXLER Uniform Allowance $89.99, SAFE HOME LTD PTNRSH Rent Subsidies $11342, SALEM, KARLA R Bd Evaluations (Minnehaha) $5170, SANFORD CLINIC Contract Services $29367.28, SCHUSTER, PAUL HIDTA Grant $194, SD HUMAN SERVICES CE Clinics - Auxiliary Services $32.4, SD STATE BAR Legal Research $500, SD VETERANS SVC OFFI Education & Training $50, SIOUX EMPIRE FAIR AS Miscellaneous Expense $12500, SIOUX FALLS CITY Electricity $14590.36, SIOUX FALLS CITY Water - Sewer $22515.8, SIOUX FALLS CITY Welfare Utilities $99.28, SIOUX VALLEY ENERGY Electricity $426.98, SOUTHEASTERN ELECTRI Welfare Utilities $215.57, SPENCER MATSON Homeland Security $298, SPRINGBROOK LLOYD PR Welfare Rent $700, STATE OF SOUTH DAKOT Amts Held-Daily Scram $6962, STATE OF SOUTH DAKOT Amts Held-Remote Breath $1785, STATE OF SOUTH DAKOT Extension Background Checks $80, STATE OF SOUTH DAKOT Miscellaneous Expense $71, STATE OF SOUTH DAKOT Printing/Forms $94.95, STEPHEN, CHIOMA Welfare Rent $1000, STEWART TITLE COMPAN Professional Services $1425, STONEYCREEKPEN Welfare Rent $1080, SUMMIT FIRE PROTECTI Safety & Rescue Equipment $72, SUMMIT FOOD SERVICE Board Of Prisoners-Meals $61666.83, SUMMIT FOOD SERVICE Child Care Food $800.9, SUMMIT FOOD SERVICE School Lunch Program $1854.09, SWANSON, KRIS Business Travel $499.16, TAB LIBERTY Welfare Rent $550, THELIN CENTER APARTM Welfare Rent $700, TRC 41ST Welfare Rent $1800, TRENT DAWLEY Sign Deposits $50, TRI-STATE NURSING Professional Services $3311.5, TWO WAY SOLUTIONS IN Communication Equipment Repair $11833.67, TYRELL BERTSCH Homeland Security $298, TZADIK SIOUX FALLS I Welfare Rent $3968, TZADIK SIOUX FALLS P Welfare Rent $1400, TZADIK WOODLAKE Welfare Rent $500, US FOODS INC Other Supplies $26.1, US FOODS INC Professional Services $1585.67, UWIZEYIMANA, SAMUEL Interpreters $60, VERSATERM PUBLIC SAF Professional Services $2520, WATERBURY FUNERAL Burials $3500, WEERHEIM LAW OFFICE Bd Exp Fees (Minnehaha) $5738.5, WEERHEIM LAW OFFICE Crisis Intervention Program $138, XCEL ENERGY Electricity $96285.26, XCEL ENERGY Road Maint & Material $17.32, XCEL ENERGY INC Welfare Utilities $500.
Routine Personnel Action
New Hires
1. Pamela BayBridge, seasonal Election Worker for the Auditor's Office, at $16.50/hour effective 9/24/2024.
2. Grace Hochstatter, seasonal Election Worker for the Auditor's Office, at $16.50/hour effective 9/25/2024.
3. Claire Do, variable hour Clerical Worker for Equalization, at $21.00/hour effective 9/27/2024.
4. Jaedon Hoff, Inventory Technician for the Highway, at $21.85/hour (10/2) effective 10/7/2024.
Step Increases
1. Jean White, Property Tax Administrator for the Auditor's Office, at $37.63/hour (19/5) effective 9/29/2024.
2. Tyson Anderson, Sergeant for the Jail, at $40.51/hour (20/6) effective 6/29/2024.
3. Nataliia Hudzii, Correctional Officer for the Jail, at $26.64/hour (14/2) effective 7/31/2024.
4. Marithzel Mercado-Gamez, Correctional Officer for the Jail, at $26.64/hour (14/2) effective 8/19/2024.
5. Stephen Frahm, Corporal for the Jail, at $30.88/hour (17/2) effective 9/28/2024.
6. Shanya Burt, Paralegal for the State's Attorney's Office, at $31.66/hour (16/4) effective 9/7/2024.
7. Elizabeth Callies, Diversion Program Coordinator for the State's Attorney's Office, at $32.45/hour (16/5) effective 9/21/2024.
8. Benjamin Devlin, Exhibits Assistant for the Museum, at $27.98/hour (12/7) effective 9/24/2024.
9. To correct the step increase for Selina Betancourt, Juvenile Correctional Officer I for the Juvenile Detention Center, to a 13/3 at $26.64/hour effective 8/5/2024.
To record significant employee anniversaries for October, 2024: 5 years- Laura Woitte-Currier; 10 years-Brandon Greiner; 20 years-Rebecca Carpenter; 40 years-William Hoskins.
To record volunteers in County Departments for September 2024. This list is on file at Human Resources.
Notices and Requests
Authorize the Auditor to Publish the Minnehaha Conservation District Financial Report for 2023 Pursuant to SDCL 38-8-57
SPEED ZONE PUBLIC HEARING
Steve Groen, Highway Superintendent, was present for the second reading of an ordinance providing for the establishment of speed zones on the Minnehaha County Highway System. In April of 2021, a speed zone ordinance was adopted to enable the enforcement of speed limits under 55 MPH on County Highways. There are three proposed additions to the speed zone ordinance. The first proposed change reduces the speed limit to and under the I-29 overpass on County Highway 114. The current speed limit is 55 MPH but it would be reduced to 40 MPH due to the heavy and frequent turning traffic. The second proposed change is north of Dell Rapids on County Highway 127. Currently, the speed limit is 55 MPH but changes to 25 MPH when entering city limits. The proposed change includes reducing the speed limit to 45 MPH prior to the 25 MPH zone. The third proposed change is a reduction in speed limit from 55 MPH to 45 MPH between County Highway 149 and 465th Ave on County Highway 118. This section of road is adjacent to the Tri-Valley School and was requested by the school administration.
Chair Karsky asked for proponents and opponents to speak on the topic. There were no proponents and opponents in attendance to speak on the topic.
MOTION by Bender, seconded by Bleyenberg, to Adopt Ordinance MC67-24 for the Establishment of Speed Zones on the County Highway System. By roll call vote: 4 ayes.
ORDINANCE MC 67 - 24
AN ORDINANCE FOR THE ESTABLISHMENT OF SPEED ZONES ON THE COUNTY HIGHWAY SYSTEM
PURSUANT to SDCL § 32-25-9.1 and § 7-18A-2, the Board of County Commissioners has authority to set and enforce speed zones.
THEREFORE, BE IT ORDAINED BY THE MINNEHAHA COUNTY BOARD OF COMMISSIONERS: That all speed limits on the Minnehaha County Highway System set previously are hereby removed and superseded by this Ordinance.
Section 1.
The maximum speed limit on the Minnehaha County Highway System is established at 55 Miles Per Hour or as defined in the following table and illustrated in the supplemental Speed Zone Map:
Section 2.
The Minnehaha County Highway Superintendent is hereby directed to erect and post the appropriate signage in accordance with SDCL § 32-25-9.1.
Map Reference Number County Highway Street / Avenue Location Description of Speed Zone Speed Limit (MPH)
1 103 487 Ave Between a point located approximately 575 feet south of County Highway 138 (262nd Street) thence south approximately 3,510 feet 30
2 104 Jasper St Between a point located approximately 1,040 feet east of Prairie Avenue thence west to the City Limits of Dell Rapids 25
3 105 486th Ave Between Dows Street thence north to the intersection with County Highway 120 (253rd Street) 40
4 105 486th Ave Between a point located approximately 460 feet south of the eastbound ramps of Interstate 90 thence north approximately 1,810 feet crossing over Interstate 90 to a point located approximately 770 feet north of the westbound ramps of Interstate 90 25
5 109 484th Ave Between a point located approximately 500 feet north of 265th Street thence south approximately 1,340 feet 40
6 110 248th St Between a point located approximately 1,890 feet west of Main Avenue in Colton east to western City Limits of Colton 25
7 111 483rd Ave Between South Dakota Highway 42 thence south to a point 300 feet south of 267th Street. 30
8 114 250th St Between a point located approximately 575 feet west of County Highway 103 (487th Avenue) thence extending west approximately 1,675 feet 40
9 114 250th St Between a point located approximately 470 feet west of 2nd Street in Baltic thence west approximately 1,470 feet 25
Map Reference Number County Highway Street / Avenue Location Description of Speed Zone Speed Limit (MPH)
10 114 250th St From the eastern City Limits of Baltic to 500 feet east 40
11 114 250th St Between a point located approximately 1000 feet west of the I-29 Southbound On/Off Ramps thence east approximately 2,625 feet 40
12 118 252nd St Between County Highway 149 and 465th Ave 45
13 119 Six Mile Road Between County Highway 142 (E Madison Street) thence north to County Highway 140 (Holly Boulevard) 45
14 119 Six Mile Road Between County Highway 142 (E Madison Street) thence south to City Limits of Sioux Falls 35
15 120 253rd St Between a point located approximately 2,210 feet east of Oak Drive thence west to the intersection with County Highway 105 (486th Avenue) 40
16 121 478th Ave Between the westbound ramps of Interstate 90 thence north approximately 3,245 feet 40
17 125 476th Ave Between 72nd Avenue thence north approximately 2,760 feet 35
18 127 475th Ave Between a point approximately 2,225 feet north of E. 15th St. thence south approximately 1,800 feet 45
19 130 258th St Between a point located approximately 1,320 east of SD Highway 115 thence west approximately 4,790 feet 35
20 130 258th St Between a point located approximately 3,470 feet west of SD Highway 115 thence west approximately 2,025 feet 25
21 130 258th St Between a point located approximately 300 west of Dawson Avenue thence 1.50 miles (7,930 feet) east 45
22 136 60th St North Between Veterans Parkway thence west to City Limits of Sioux Falls 45
23 136 Redwood Blvd Between a point 820 feet east of Veterans Parkway to Veterans Parkway. 45
24 137 470th Ave Between a point located approximately 300 feet north of County Highway 126 (256th Street) thence extending south approximately 2.425 feet 45
25 137 470th Ave Between a point located approximately 100 feet north of New Hope Road thence south to City Limits of Crooks 25
26 137 470th Ave Between a point located approximately 300 feet south of Highway 130 (258th Street) thence north to City Limits of Crooks 45
27 137 LaMesa Dr Between County Highway 140 (263rd Street) thence south to City Limits of Sioux Falls 40
28 138 Aspen Blvd Between County Highway 109 (484th Avenue) thence west to Split Rock Creek 45
29 139 Ellis Rd Between a point located approximately 390 feet south of W 41st Street thence south approximately 2,235 feet 45
30 139 Ellis Rd Between a point located approximately 355 feet south of County Highway 140 (263rd Street) thence south approximately 1,025 feet 45
Map Reference Number County Highway Street / Avenue Location Description of Speed Zone Speed Limit (MPH)
31 139 Ellis Rd Between a point located approximately 1,380 feet south of County Highway 140 (263rd Street) thence south approximately 3,790 feet 25
32 139 Ellis Rd Between a point located just north of Madison Street (264th Street) thence extending south to the City Limits of Sioux Falls 45
33 140 Maple St Between a point located 675 feet east of County Highway 137 (LaMesa Drive) thence east to the City Limits of Sioux Falls 45
34 140 Rice St/ Holly Blvd Between the City Limits of Sioux Falls thence east to the City Limits of Brandon 45
35 142 Madison St Between a point located approximately 330 feet east of County Highway 119 (Six Mile Road) thence west to City Limits of Sioux Falls 50
36 142 Madison St Between South Dakota Highway 11 thence west to City Limits of Sioux Falls 50
37 143 467th Ave Between a point located 2,410 feet south of County Highway 118 (252nd Street) thence south approximately 2,175 feet 35
38 145 466th Ave Between 268th Street and South Dakota Highway 42 (265th Street). 65
39 146 266th St Between 462nd Avenue and County Highway 151 (463rd Avenue) 25
40 146 26th St Between Shafer Drive thence east approximately 850 feet to City Limits of Sioux Falls 35
41 146 26th St Between a point located approximately 1,140 feet west of Six Mile Road thence west to City Limits of Sioux Falls 35
42 149 464th Ave Between SD Highway 38 thence north to the northern City Limits of Hartford 35
43 151 463rd Ave Between SD Highway 38 thence south to Menth Street 40
44 151 463rd Ave Between a point located approximately 570 feet south of Jeffrey Street thence north to the City Limits of Hartford 45
45 151 463rd Ave Between a point located approximately 600 feet south of County Highway 146 (266th Street) thence extending north approximately 5,270 feet 45
6 N/A 251st St On a township road between a point located approximately 2,250 feet east of 483rd Avenue thence extending east approximately 550 feet 25
Pursuant to SDCL § 7-18A-2 and § 22-6-2(2), a violation of this Ordinance is a Class 2 Misdemeanor, punishable by a fine not to exceed the fine established by subdivision 22-6-2(2) for each violation, or by imprisonment for a period not to exceed thirty days for each violation, or by both the fine and imprisonment.
Adopted this 1st day of October, 2024
APPROVED BY THE COMMISSION:
Dean Karsky, Commission Chairman
ATTEST: Leah Anderson, Auditor
Kym Christiansen
Deputy County Auditor
FIVE-YEAR TRANSPORTATION AND BRIDGE IMPROVEMENT PLAN
Jacob Maras, Assistant Highway Superintendent, was present for the scheduled Public Hearing for the 2025-2029 Transportation and Bridge Improvement Plan which is required by the South Dakota Department of Transportation for participation in the Bridge Improvement Grant Program (BIG). The public hearing highlighted the plan elements to be eligible for BIG Funds, including an inventory of roads, pavement condition, inventory of bridges; and additional items. The additional items include a statement of financial resources and a 5-year project list. Mr. Maras stated that the project list must include location, type of improvement, source of funding, design cost estimate, construction cost estimate, and year of expenditure, as well as potential BIG project candidates must be identified. The projected revenues and expenses for the next 5 years were highlighted as well as information about the revenues for the Highway and Bridge fund. Finally, the presentation highlighted the 2024 projects as well as the proposed 2025-2029 projects.
Chair Karsky asked for public comment on the 2025-2029 Transportation and Bridge Improvement Plan. There were no proponents or opponents in attendance to speak on the topic.
TRANSPORTATION AND BRIDGE IMPROVEMENT PLAN
CERTIFICATION FORM
Upon the request of Jacob Maras, Assistant Highway Superintendent, MOTION by Kippley, seconded by Bleyenberg, to Approve the Five-Year Transportation Plan in Accordance with Bridge Improvement Grant (BIG) Fund Requirements and Authorize the Chair to Sign the Certification Form. 4 ayes.
EMPLOYEE HANDBOOK UPDATES
Upon the request of Tom Greco, Commission Administrative Officer, MOTION by Bleyenberg, seconded by Kippley, to Approve Amendments to Section 15.14, Parking, to the Minnehaha County Employee Handbook. By roll call vote: 4 ayes.
OPPORTUNITY FOR
PUBLIC COMMENT
Jean Childs, Sioux Falls, SD, spoke about election concerns.
Gary Meyer, Hartford, SD, read a letter written by someone else and spoke about concerns with previous meetings.
Cindy Meyer, Hartford, SD, spoke about comments made by a Commissioner along with concerns from the previous meetings.
COMMISSIONER LIAISON REPORTS
Commissioner Bleyenberg reported on the recent Southeast District meeting for the South Dakota Association of County Commissioners.
Commissioner Kippley reported on the recent meeting of the Minnehaha County Planning Commission.
Commissioner Karsky reported on the recent meeting of the Greater Sioux Falls Chamber of Commerce.
NON-ACTION
COMMISSION DISCUSSION
Commissioner Karsky addressed the reasons behind the presence of law enforcement during Commission meetings and throughout the Administrative building as well as the background regarding the unsealing of the 2020 ballots.
MOTION by Kippley, seconded by Bleyenberg, to Adjourn at 9:44 a.m. 4 ayes.
The Commission adjourned until 9:00 a.m. on Tuesday, October 15th, 2024.
APPROVED BY THE COMMISSION:
Dean Karsky
Chair
ATTEST:
Kym Christiansen
Commission Recorder
Published at the total approximate cost of $454.65 and can be viewed for free at www.sdpublicnotices.com.
10-10-24-1tc
Minnehaha County Conservation District Profit and Loss Jan-Dec 2023
South Dakota 2024 Statewide Ballot Measures for the Nov. 5th General Election
2024 Statewide Ballot Measures
Underscores indicate new language.
Overstrikes indicate deleted language.
Constitutional Amendment E
Title: An Amendment to the South Dakota Constitution Updating Gender References for Certain Officeholders and Persons.
Attorney General Explanation: The South Dakota Constitution became effective upon the State joining the United States in 1889. The generic male pronouns he, his, and him are used in the text of the State Constitution to reference certain officeholders or individuals.
This amendment changes the text of the State Constitution to remove the use of generic male pronouns when referencing certain officeholders or individuals. For example, when referencing the Governor, instead of saying “he shall be commander-in-chief of the armed forces of the state,” the text will be changed to read “the Governor shall be commander-in-chief of the armed forces of the state.” The amendment makes similar changes to other references to the Governor, as well as to references to other officeholders including Lieutenant Governor, Supreme Court Justices, and Circuit Court Judges. The amendment also makes similar changes to references in the Constitution to general classes of people such as persons, electors, and public officers.
Vote "Yes" to adopt the amendment.
Vote "No" to leave the Constitution as it is.
Full Text of Constitutional Amendment E:
A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, updating references to certain officeholders and persons.
Be it resolved by the Senate of the State of South Dakota, the House of Representatives concurring therein:
Section 1. That at the next general election held in the state, the following amendments to the Constitution of the State of South Dakota, as set forth in sections 2 through 25 of this Joint Resolution, which is hereby agreed to, shall be submitted to the electors of the state for approval.
§ 3. The Governor shall be responsible for the faithful execution of the law. He The Governor may, by appropriate action or proceeding brought in the name of the state, enforce compliance with any constitutional or legislative mandate, or restrain violation of any constitutional or legislative power, duty or right by any officer, department or agency of the state or any of its civil divisions. This authority shall not authorize any action or proceedings against the Legislature.
He The Governor shall be commander‑in‑chief of the armed forces of the state, except when they shall be called into the service of the United States, and may call them out to execute the laws, to preserve order, to suppress insurrection or to repel invasion.
The Governor shall commission all officers of the state. He The Governor may at any time require information, in writing or otherwise, from the officers of any administrative department, office or agency upon any subject relating to the respective offices.
The Governor shall at the beginning of each session, and may at other times, give the Legislature information concerning the affairs of the state and recommend the measures he the Governor considers necessary.
The Governor may convene the Legislature or either house thereof alone in special session by a proclamation stating the purposes of the session, and only business encompassed by such purposes shall be transacted.
Whenever a vacancy occurs in any office and no provision is made by the Constitution or laws for filling such vacancy, the Governor shall have the power to fill such vacancy by appointment.
The Governor may, except as to convictions on impeachment, grant pardons, commutations, and reprieves, and may suspend and remit fines and forfeitures.
§ 5. The lieutenant governor shall be president of the senate but shall have no vote unless the senators be equally divided. The lieutenant governor shall perform the duties and exercise the powers that may be delegated to him the lieutenant governor by the Governor.
§ 8. All executive and administrative offices, boards, agencies, commissions and instrumentalities of the state government and their respective functions, powers and duties, except for the office of Governor, lieutenant governor, attorney general, secretary of state, auditor, treasurer, and commissioner of school and public lands, shall be allocated by law among and within not more than twenty‑five principal departments, organized as far as practicable according to major purposes, by no later than July 1, 1974. Subsequently, all new powers or functions shall be assigned to administrative offices, agencies and instrumentalities in such manner as will tend to provide an orderly arrangement in the administrative organization of state government. Temporary commissions may be established by law and need not be allocated within a principal department.
Except as to elected constitutional officers, the Governor may make such changes in the organization of offices, boards, commissions, agencies and instrumentalities, and in allocation of their functions, powers and duties, as he the Governor considers necessary for efficient administration. If such changes affect existing law, they shall be set forth in executive orders, which shall be submitted to the Legislature within five legislative days after it convenes, and shall become effective, and shall have the force of law, within ninety days after submission, unless disapproved by a resolution concurred in by a majority of all the members of either house.
§ 5. The Supreme Court shall have such appellate jurisdiction as may be provided by the Legislature, and the Supreme Court or any justice thereof may issue any original or remedial writ which shall then be heard and determined by that court. The Governor has authority to require opinions of the Supreme Court upon important questions of law involved in the exercise of his the Governor's executive power and upon solemn occasions.
The circuit courts have original jurisdiction in all cases except as to any limited original jurisdiction granted to other courts by the Legislature. The circuit courts and judges thereof have the power to issue, hear and determine all original and remedial writs. The circuit courts have such appellate jurisdiction as may be provided by law.
Imposition or execution of a sentence may be suspended by the court empowered to impose the sentence unless otherwise provided by law.
§ 6. Justices of the Supreme Court, judges of the circuit courts and persons presiding over courts of limited jurisdiction must be citizens of the United States, residents of the state of South Dakota and voting residents within the district, circuit or jurisdiction from which they are elected or appointed. No Supreme Court justice shall be deemed to have lost his lose voting residence in a district by reason of his removal because the justice moved to the seat of government in the discharge of his the justice's official duties. Justices of the Supreme Court and judges of circuit courts must be licensed to practice law in the state of South Dakota.
§ 7. Circuit court judges shall be elected in a nonpolitical election by the electorate of the circuit each represents for an eight‑year term.
A vacancy, as defined by law, in the office of a Supreme Court justice or circuit court judge, shall be filled by appointment of the Governor from one of two or more persons nominated by the judicial qualifications commission. The appointment to fill a vacancy of a circuit court judge shall be for the balance of the unexpired term; and the appointment to fill a vacancy of a Supreme Court justice shall be subject to approval or rejection as hereinafter set forth.
Retention of each Supreme Court justice shall, in the manner provided by law, be subject to approval or rejection on a nonpolitical ballot at the first general election following the expiration of three years from the date of his the appointment. Thereafter, each Supreme Court justice shall be subject to approval or rejection in like manner every eighth year. All incumbent Supreme Court justices at the time of the effective date of this amendment shall be subject to a retention election in the general election in the year in which their respective existing terms expire.
§ 8. The chief justice shall be selected from among the justices of the Supreme Court for a term and in a manner to be provided by law. The chief justice may resign his office the office of chief justice without resigning from the Supreme Court.
§ 9. The Legislature shall provide by law for the establishment of a judicial qualifications commission which have such powers as the Legislature may provide, including the power to investigate complaints against any justice or judge and to conduct confidential hearings concerning the removal or involuntary retirement of a justice or judge. The Supreme Court shall prescribe by rule the means to implement and enforce the powers of the commission. On recommendation of the judicial qualifications commission the Supreme Court, after hearing, may censure, remove or retire a justice or judge for action which constitutes willful misconduct in office, willful and persistent failure to perform his official duties, habitual intemperance, disability that seriously interferes with the performance of the duties or conduct prejudicial to the administration of justice which brings a judicial office into disrepute. No justice or judge shall sit in judgment in any hearing involving his the justice's or judge's own removal or retirement.
§ 10. During his term of office While in office, no Supreme Court justice or circuit court judge shall engage in the practice of law. Any Supreme Court justice or circuit court judge who becomes a candidate for an elective nonjudicial office shall thereby forfeit his the justice's or judge's judicial office.
§ 11. The chief justice is the administrative head of the unified judicial system. The chief justice shall submit an annual consolidated budget for the entire unified judicial system, and the total cost of the system shall be paid by the state. The Legislature may provide by law for the reimbursement to the state of appropriate portions of such cost by governmental subdivisions. The Supreme Court shall appoint such court personnel as it deems necessary to serve at its pleasure.
The chief justice shall appoint a presiding circuit judge for each judicial circuit to serve at the pleasure of the chief justice. Each presiding circuit judge shall have such administrative power as the Supreme Court designates by rule and may, unless it be otherwise provided by law, appoint judicial personnel to courts of limited jurisdiction to serve at his the pleasure of the presiding circuit judge. Each presiding circuit judge shall appoint clerks and other court personnel for the counties in his the presiding judge's circuit who shall serve at his the pleasure of the presiding judge at a compensation fixed by law. Duties of clerks shall be defined by Supreme Court rule.
The chief justice shall have power to assign any circuit judge to sit on another circuit court, or on the Supreme Court in case of a vacancy or in place of a justice who is disqualified or unable to act. The chief justice may authorize a justice to sit as a judge in any circuit court.
The chief justice may authorize retired justices and judges to perform any judicial duties to the extent provided by law and as directed by the Supreme Court.
§ 3. The right to worship God according to the dictates of conscience shall never be infringed. No person shall be denied any civil or political right, privilege or position on account of his the person's religious opinions; but the liberty of conscience hereby secured shall not be so construed as to excuse licentiousness, the invasion of the rights of others, or justify practices inconsistent with the peace or safety of the state.
No person shall be compelled to attend or support any ministry or place of worship against his the person's consent nor shall any preference be given by law to any religious establishment or mode of worship. No money or property of the state shall be given or appropriated for the benefit of any sectarian or religious society or institution.
§ 7. In all criminal prosecutions the accused shall have the right to defend in person and by counsel; to demand the nature and cause of the accusation against him the accused; to have a copy thereof; to meet the witnesses against him the accused face to face; to have compulsory process served for obtaining witnesses in his on the accused's behalf, and to a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.
§ 20. All courts shall be open, and every man person for an injury done him in his to the person's property, person or reputation, shall have remedy by due course of law, and right and justice, administered without denial or delay.
§ 2. Every United States citizen eighteen years of age or older who has met all residency and registration requirements shall be entitled to vote in all elections and upon all questions submitted to the voters of the state unless disqualified by law for mental incompetence or the conviction of a felony. The Legislature may by law establish reasonable requirements to insure ensure the integrity of the vote.
Each elector who qualified to vote within a precinct shall be entitled to vote in that precinct until he the elector establishes another voting residence. An elector shall never lose his residency for voting solely by reason of his the elector's absence from the state.
§ 9. The lands mentioned in this article shall be leased for pasturage, meadow, farming, the growing of crops of grain and general agricultural purposes, and at public auction after notice as hereinbefore provided in case of sale and shall be offered in tracts not greater than one section. All rents shall be payable annually in advance, and no term of lease shall exceed five years, nor shall any lease be valid until it receives the approval of the Governor.
Provided, that any lessee of school and public lands shall, at the expiration of a five‑year lease, be entitled, at his the lessee's option, to a new lease for the land included in his the lessee's original lease, for a period of time not exceeding five years, without public advertising, at the current rental prevailing in the county in which such land is situated, at the time of the issuance of the new lease. The commissioner of school and public lands shall notify by registered mail each lessee or assignee on or before the first day of November first preceding the expiration of his the lessee's lease that such lease will expire.
Such option shall be exercised by the lessee by notifying the commissioner of school and public lands by registered mail, on or before the first day of December first preceding the expiration of his the lessee's lease describing the lands for which he the lessee desires a new lease, in the same manner as the same is described in his the lessee's original lease.
The Legislature may provide by appropriate legislation for the payment of local property taxes by the lessees of school and public lands.
§ 3. The Legislature shall never grant any extra compensation to any public officer, employee, agent or contractor after the services shall have been rendered or the contract entered into, nor authorize the payment of any claims or part thereof created against the state, under any agreement or contract made without express authority of law, and all such unauthorized agreements or contracts shall be null and void; nor shall the compensation of any public officer be increased or diminished during his the officer's term of office: provided, however, that the Legislature may make appropriations for expenditures incurred in suppressing insurrection or repelling invasion.
§ 4. An itemized statement of all receipts and expenditures of the public moneys shall be published annually in such manner as the Legislature shall provide, and such statement shall be submitted to the Legislature at the beginning of each regular session by the Governor with his the Governor's message.
§ 7. No person shall be tried on impeachment before he shall have been being served with a copy thereof at least twenty days previous to the day set for trial.
§ 5. In all elections for directors or managers of a corporation, each member or shareholder may cast the whole number of his the member's or shareholder's votes for one candidate, or distribute them upon two or more candidates, as he may prefer.
§ 3. Should no place voted for at said election have a majority of all votes cast upon this question, the Governor shall issue his a proclamation for an election to be held in the same manner at the next general election to choose between the two places having received the highest number of votes cast at the first election on this question. This election shall be conducted in the same manner as the first election for the permanent seat of government, and the place receiving the majority of all votes cast upon this question shall be the permanent seat of government.
§ 2. The Legislature by two‑thirds vote of each branch thereof at any regular session may fix the salary of any or all constitutional officers including members of the Legislature. In fixing any such salary the Legislature shall determine the effective date thereof and may in its discretion decrease or increase the salary of any officer during his the officer's term.
§ 3. Every person elected or appointed to any office in this state, except such inferior offices as may be by law exempted, shall, before entering upon the duties thereof, take an oath or affirmation to support the Constitution of the United States and of this state, and faithfully to discharge the duties of his the office.
Constitutional Amendment F
Title: An Amendment to the South Dakota Constitution Authorizing the State to Impose a Work Requirement on Individuals Eligible for Expanded Medicaid Benefits.
Attorney General Explanation: The Medicaid program is funded by the State and the federal government to provide medical coverage for certain low-income people who qualify for the program. In 2022, the voters approved a Constitutional provision that expanded Medicaid eligibility for any person over age 18 and under 65 whose income is at or below 133% of the federal poverty level, plus 5% of the federal poverty level for the applicable family size.
This constitutional amendment authorizes the State to impose work requirements on any person eligible to receive benefits under the expanded Medicaid program, except for those persons who are physically or mentally disabled. The amendment does not identify any specific work requirement that may be imposed on those receiving expanded Medicaid benefits. Any work requirement proposed by the State must be approved by the federal government prior to implementation.
Vote "Yes" to adopt the amendment.
Vote "No" to leave the Constitution as it is.
Full Text of Constitutional Amendment F:
A JOINT RESOLUTION, Proposing and submitting to the voters at the next general election, an amendment to the Constitution of the State of South Dakota, authorizing the state to impose work requirements on certain individuals who are eligible for expanded Medicaid.
Section 1. That at the next general election held in the state, the following amendment to Article XXI, § 10 of the Constitution of the State of South Dakota, as set forth in section 2 of this Joint Resolution, which is hereby agreed to, shall be submitted to the electors of the state for approval.
Section 2. That Article XXI, § 10 of the Constitution of the State of South Dakota, be AMENDED:
Beginning July 1, 2023, the State of South Dakota shall provide Medicaid benefits to any person over eighteen and under sixty-five whose income is at or below one hundred thirty-three percent of the federal poverty level plus five percent of the federal poverty level for the applicable family size, as authorized by federal law as of January 1, 2021. Such person shall receive coverage that meets or exceeds the benchmark or benchmark-equivalent coverage requirements, as such terms are defined by federal law as of January 1, 2021.
The State of South Dakota may not impose greater or additional burdens or restrictions on eligibility or enrollment standards, methodologies, or practices on any person eligible under this section than on any person otherwise eligible for Medicaid under South Dakota law, except that the State of South Dakota may, to the extent permitted by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, impose a work requirement on any person, eligible under this section, who has not been diagnosed as being physically or mentally disabled.
No later than March 1, 2023, the Department of Social Services shall submit all state plan amendments necessary to implement this section to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services.
The State of South Dakota shall take all actions necessary to maximize the federal financial medical assistance percentage in funding medical assistance pursuant to this section.
This section shall be broadly construed to accomplish its purposes and intents. If any provision in this section or the application thereof to any person or circumstance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of the section that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this section are severable.
Constitutional Amendment G
Title: An Initiated Amendment Establishing a Right to Abortion in the State Constitution.
Attorney General Explanation: This initiated amendment establishes a constitutional right to an abortion and provides a legal framework for the regulation of abortion. This framework would override existing laws and regulations concerning abortion.
The amendment establishes that during the first trimester a pregnant woman’s decision to obtain an abortion may not be regulated nor may regulations be imposed on the carrying out of an abortion.
In the second trimester, the amendment allows the regulation of a pregnant woman’s abortion decision, and the regulation of carrying out an abortion. Any regulation of a pregnant woman’s abortion decision, or of an abortion, during the second trimester must be reasonably related to the physical health of the pregnant woman.
In the third trimester, the amendment allows the regulation or prohibition of abortion except in those cases where the abortion is necessary to preserve the life or health of the pregnant woman. Whether an abortion is necessary during the third trimester must be determined by the pregnant woman’s physician according to the physician’s medical judgment.
Judicial clarification of the amendment may be necessary. The Legislature cannot alter the provisions of a constitutional amendment.
Vote "Yes" to adopt the amendment.
Vote "No" to leave the Constitution as it is.
Full Text of Constitutional Amendment G:
Amendment Text: That Article VI of the Constitution of the State of South Dakota be amended by adding a NEW SECTION:
Before the end of the first trimester, the State may not regulate a pregnant woman's abortion decision and its effectuation, which must be left to the judgment of the pregnant woman.
After the end of the first trimester and until the end of the second trimester, the State may regulate the pregnant woman's abortion decision and its effectuation only in ways that are reasonably related to the physical heath of the pregnant woman.
After the end of the second trimester, the State may regulate or prohibit abortion, except when abortion is necessary, in the medical judgment of the woman's physician, to preserve the life or health of the pregnant woman.
Constitutional Amendment H
Title: An Amendment to the South Dakota Constitution Establishing Top-Two Primary Elections.
Attorney General Explanation: Currently, to appear on the general election ballot, major party candidates for the following offices must participate in a partisan primary election: Governor, State Legislature, U.S. Senate and House of Representatives, and elected county offices. Only members of the candidate’s party may vote for that candidate unless that party has opened the primary to voters not affiliated with the party.
Minor party candidates may be chosen by primary or party convention.
Unaffiliated candidates (independents) are only required to file nominating petitions to appear on the general election ballot.
For the listed offices, this amendment requires one primary election wherein all candidates run against each other in their respective races, including major and minor party and unaffiliated candidates. A candidate may list any party next to their name on the ballot regardless of party affiliation or registration. All voters may vote for any candidate. The two candidates receiving the most votes advance to the general election. If there is more than one candidate to be elected to an office, the number of candidates advancing to the general election is twice the number to be elected.
Primary elections may be held for other offices.
The amendment may be challenged on constitutional grounds.
Vote "Yes" to adopt the amendment.
Vote "No" to leave the Constitution as it is.
Fiscal Note: Open primaries would require printing additional ballots at a cost of $0.47 per ballot. The additional cost statewide to counties would currently be approximately $23,667 for each primary election. The share of the total cost for each county will vary. There is no expected cost to state government.
Full Text of Constitutional Amendment H:
Be it enacted by the People of South Dakota:
That Article VII of the Constitution of South Dakota be amended by adding a NEW SECTION to read:
§ 4. A primary election held for the office of governor, a legislative office, a county office, the United States Senate, or the United States House of Representatives shall be open to all candidates and all qualified voters without regard to the candidates’ or voters’ party registration or affiliation, or lack thereof.
In a primary election covered by this section, each candidate must be listed on a single
primary ballot regardless of the candidate’s political party. A voter may vote for any primary
candidate regardless of the voter’s party affiliation or lack thereof. The two candidates receiving the highest number of votes cast in a primary election advance to the general election. If more than one candidate is to be elected to an office at the general election, the number of candidates advancing from the primary election is twice the number to be elected in the general election.
The general election ballot may only include those candidates advancing from the primary election. The legislature may, by law, establish procedures for replacing a candidate who advanced from the primary election but will not participate in the general election due to death, withdrawal from the race, or disqualification.
A candidate may select the name of a political party to be listed next to the candidate’s name on the primary ballot. The same political party designation shall appear next to the candidate’s name on the general election ballot if the candidate advances to the general election. Both the primary and general election ballots must state that a candidate’s indicated political party designation does not constitute or imply an endorsement of the candidate by the political party designated.
The legislature may establish any necessary procedures to implement this section.
If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity will not affect any other provision or application of the section that can be given effect without the invalid provisions or applications, and to this end the provisions of this section are severable.
Initiative Measure 28
Title: An Initiated Measure Prohibiting Taxes on Anything Sold for Human Consumption.
Attorney General Explanation: Currently, the State collects tax on the sale or use of certain goods, including foods and drinks. Many municipalities also collect these taxes.
This initiated measure prohibits the State from collecting sales or use tax on anything sold for human consumption. The measure eliminates these sources of revenue for the State.
Human consumption is not defined by state law. However, its common definition includes more than foods and drinks.
The measure does not prohibit the collection of sales or use tax on alcoholic beverages or prepared food. Prepared food is defined by law to include food that is sold heated or with utensils.
The measure may affect the State’s obligations under the tobacco master settlement agreement and the streamlined sales tax agreement. The master settlement agreement resulted from multi-state lawsuits against cigarette manufacturers for the public health effects of smoking. South Dakota’s annual share of the master settlement agreement is approximately $20 million. The streamlined sales tax agreement is a multistate program designed to simplify the collection of sales and use tax for companies selling in multiple jurisdictions.
Judicial or legislative clarification of the measure will be necessary.
Vote “Yes” to adopt the initiated measure.
Vote “No” to leave South Dakota law as it is.
Fiscal Note: Beginning July 1, 2025, the State could see a reduction in sales tax revenues of $123.9 million annually from no longer taxing the sale of anything sold for human consumption, except alcoholic beverages and prepared food. Municipalities could continue to tax anything sold for human consumption.
Full Text of Initiated Measure 28:
BE IT ENACTED BY THE PEOPLE OF SOUTH DAKOTA: That Title 10 be amended by adding a NEW SECTION to read:
Notwithstanding any other provision of law, the state may not tax the sale of anything sold for human consumption, except alcoholic beverages and prepared food. Municipalities may continue to impose such taxes.
Initiative Measure 29
Title: An Initiated Measure Legalizing the Recreational Use, Possession, and Distribution of Marijuana.
Attorney General Explanation: This initiated measure allows individuals 21 years of age or older to possess, grow, ingest, and distribute marijuana or marijuana paraphernalia. Individuals may possess up to two ounces of marijuana in a form other than marijuana concentrate or other marijuana products. Individuals may possess up to six marijuana plants with no more than twelve plants per household. The measure also places limits on the possession of other forms of marijuana and marijuana products.
Under the measure, the possession, ingestion, and distribution of marijuana and marijuana paraphernalia remains illegal for individuals under the age of 21. Driving under the influence of marijuana remains illegal.
The measure restricts where individuals may possess or consume marijuana, such as schools or where tobacco is prohibited.
The measure allows employers to restrict an employee's use of marijuana. Property owners may also regulate the use of marijuana on their property.
The measure does not affect State laws dealing with hemp. It also does not change laws concerning the State's medical marijuana program.
The measure legalizes marijuana-derived substances considered felony-controlled substances under State law. Marijuana remains illegal under federal law.
Judicial or legislative clarification of this measure may be necessary.
Vote “Yes” to adopt the initiated measure.
Vote “No” to leave South Dakota law as it is.
Fiscal Note: The state and municipalities would collect minimal additional sales tax revenue, as the measure would not decriminalize the sale of cannabis but would decriminalize the sale of cannabis accessories. Counties could see incarceration expenses reduced by $581,556 every year.
Full Text of Initiated Measure 29:
Be it enacted by the people of South Dakota.
Section 1. That title 34 be amended by adding a NEW SECTION to read:
Terms used in this chapter mean:
(1) “Local government,” a county, municipality, town, or township;
(2) “Cannabis,” the plant of the genus Cannabis, and any part of that plant, including the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, or the plant’s resin, including hash and marijuana concentrate. The term includes an altered state of marijuana absorbed into the human body. The term does not include hemp, as defined in § 38-35-1 or fiber produced from the stalks, oil or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administration, food, drink, or any other product;
(3) “Cannabis accessory,” any equipment, product, or material that is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing cannabis into the human body; and
(4) “Possession limit,” the following amounts of cannabis:
(a) Two ounces of cannabis in a form other than concentrated cannabis or cannabis products;
(b) Sixteen grams of concentrated cannabis, which includes hashish and cannabis extracts; and
(c) Cannabis products, other than concentrated cannabis, containing one thousand six hundred milligrams of tetrahydrocannabinol.
Section 2. That title 34 be amended by adding a NEW SECTION to read:
Subject to the limitations in this chapter, and notwithstanding any other law, the following acts, if done by a person at least twenty-one years of age, may not be an offense under state or local law, regulation, or ordinance; be subject to a civil fine, penalty, or sanction; be a basis for detention, search, or arrest; be a basis for the denial of any right or privilege; or be a basis for asset seizure or forfeiture:
(1) Possessing, using, ingesting, inhaling, processing, or transporting not more than the possession limit of cannabis; or transferring without consideration not more than the possession limit of cannabis to a person who is twenty-one years of age or older;
(2) Possessing, planting, cultivating, harvesting, drying, processing, or manufacturing not more than six cannabis plants and possessing and processing the cannabis produced by the plants, provided that the plants and any cannabis produced by the plants in excess of the possession limit are kept at one private residence only, are in a locked space at the private residence, are not visible by normal, unaided vision from a public place; and that the total number of plants at the private residence may not exceed twelve, even if more than two people who are twenty-one years of age or older live in the residence;
(3) Possessing, using, or manufacturing any cannabis accessory;
(4) Delivering, distributing, transferring, or selling a cannabis accessory to a person twenty-one years of age or older;
(5) Allowing the person’s property to be used for any of the acts permitted by this chapter; and
(6) Any combination of the acts allowed by this section.
Section 3. That title 34 be amended by adding a NEW SECTION to read:
Nothing in this chapter affects a law prohibiting:
(1) The delivery or distribution of cannabis or a cannabis accessory, with or without consideration, to a person younger than twenty-one years of age;
(2) The purchase, possession, use, or transport of cannabis or cannabis accessories by a person younger than twenty-one years of age;
(3) The consumption of cannabis by a person younger than twenty-one years of age;
(4) The operation of or being in physical control of any motor vehicle, train, aircraft, motorboat, or other motorized form of transport while under the influence of cannabis;
(5) The consumption of cannabis while operating or being in physical control of a motor vehicle, train, aircraft, motorboat, or other motorized form of transport, while it is being operated;
(6) The smoking of cannabis within a motor vehicle, aircraft, motorboat, or other motorized form of transport, while it is being operated;
(7) The possession or consumption of cannabis or possession of cannabis accessories on the grounds of a public or private preschool, elementary school, or high school, in a school bus, or on the grounds of any correctional or juvenile detention facility;
(8) The smoking of cannabis in a location where smoking tobacco is prohibited;
(9) The smoking of cannabis in a public place;
(10) The undertaking of any task under the influence of cannabis, if doing so would constitute negligence or professional malpractice; or
(11) Performing solvent-based extractions on cannabis using solvents other than water, glycerin, propylene glycol, vegetable oil, or food grade ethanol.
Section 4. That title 34 be amended by adding a NEW SECTION to read:
This chapter does not:
(1) Require an employer to permit or accommodate an employee to engage in conduct allowed by this chapter;
(2) Affect an employer’s ability to restrict the use of cannabis by an employee;
(3) Limit the right of a person who occupies, owns, or controls private property from prohibiting or otherwise regulating conduct permitted by this chapter on or in that property; or
(4) Limit the ability of the state or a local government to prohibit or restrict any conduct otherwise permitted under this chapter within a building owned, leased, or occupied by the state or the local government.
Referred Law 21
Title: A Referred Act to Provide New Statutory Requirements for Regulating Linear Transmission Facilities, to Allow Counties to Impose a Surcharge on Certain Pipeline Companies, and to Establish a Landowner Bill of Rights.
Attorney General Explanation: The Act authorizes counties to impose, for any tax year in which the pipeline operator receives a tax credit, a $1.00 per foot surcharge on carbon dioxide pipelines. Revenue from the surcharge must be distributed as tax relief to each property owner in the county where the pipeline is installed. Any remaining revenue can be allocated at each county's discretion. No other fee may be imposed except property taxes, or fees associated with road agreements.
The Act also imposes certain requirements on carbon dioxide pipelines: pipelines must be installed to a minimum depth; each pipeline operator is responsible for damages to drain tile, and to the surface owner, caused by the pipeline; each operator is also responsible for leaks or failures of the pipeline; and any land agent acting on behalf of the pipeline must be a pipeline employee, State resident, or State licensed real estate agent. The Act also includes requirements that carbon pipeline easements be in writing, and only enforceable for a specified period of time; pipeline operators must initiate business operations within five years of the easement; and each easement is void after five years of nonuse.
Vote "Yes" to allow the Act of the Legislature to become law.
Vote "No" to reject the Act of the Legislature.
Full Text of Referred Law 21:
An Act to provide new statutory requirements for regulating linear transmission facilities, to allow counties to impose a surcharge on certain pipeline companies, and to establish a landowner bill of rights.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added to chapter 10-4:
Pipelines for the transmission of carbon dioxide are not subject to any discretionary formulas authorized by this title.
Section 2. That a NEW SECTION be added to chapter 10-12:
A county may impose a pipeline surcharge up to one dollar per linear foot of carbon dioxide pipeline installed in the county, during any tax year that the carbon dioxide pipeline company claims a tax credit pursuant to 26 U.S.C. § 45Q (January 1, 2024).
For each county where a carbon dioxide pipeline company has installed a pipeline, the company shall report to the county the linear footage of carbon dioxide pipeline installed in the county.
A carbon dioxide pipeline company shall remit the pipeline surcharge to each applicable county in the same manner as provided for the payment of property taxes in chapter 10-21. The revenue derived from the pipeline surcharge must be distributed as follows:
(1) At least fifty percent as tax relief for property in the county where the carbon dioxide pipeline is located pro rata on a per foot basis to each property in the county upon which the pipeline is installed; and
(2) The remaining revenue to be allocated as determined by the county.
10-37-3. Any pipeline company having lines in this state shall annually, on or before April fifteenth of each year, make out and deliver to the Department of Revenue a statement, verified by the oath of an officer or agent of such pipeline company making such statement, showing in detail for the year ended December thirty-first next preceding:
(1) The name of the company;
(2) The nature of the company, whether a person or persons, an association, copartnership, corporation or syndicate, and under the laws of what state organized;
(3) The location of its principal office or place of business;
(4) The name and post office address of the president, secretary, auditor, treasurer, and superintendent or general manager;
(5) The name and post office address of the chief officer or managing agent in this state;
(6) The whole number of miles of pipeline owned, operated, or leased within the state, including a classification of the size, kind, and weight thereof, separated, so as to show the mileage in each county, and each lesser taxing district;
(7) A full and complete statement of the cost and actual present value of all buildings of every description owned by said pipeline company within the state and each lesser taxing district, not otherwise assessed;
(8) The number, location, size, and cost of each pressure pump or station;
(9) Any and all other property owned by said pipeline company within the state which property shall be classified and scheduled in such a manner as the secretary of revenue may by rule promulgated pursuant to chapter 1-26 require;
(10) The gross earnings of the entire company, and the gross earnings on business done within this state;
(11) The operating expenses of the entire company and the operating expenses within this state; and
(12) The net earnings of the entire company and the net earnings within this state; and
(13) Whether or not the pipeline company that installs a pipeline for carbon sequestration claims a tax credit under 26 U.S.C. § 45Q (January 1, 2024) in that year.
49-41B-1. The Legislature finds that energy development in South Dakota and the Northern Great Plains significantly surrounding states affects the welfare of the population, the environmental quality, the location and growth of industry, and the use of the agricultural and natural resources of the state. The Legislature also finds that by assuming permit authority, that the state must also ensure that these facilities are permitted and constructed in an orderly and timely manner so that the energy, commerce, and transmission requirements of the people of the state are fulfilled. Therefore, it is necessary to ensure that the location, construction, and operation of facilities will produce minimal adverse effects on the environment and upon the citizens of this state by providing that the permitting or siting of a facility is determined by the commission and a facility may not be constructed or operated in this state without first obtaining a permit from the commission.
49-41B-19. The Public Utilities Commission shall also hear and receive evidence presented by any state department, agency, or units of local government relative to the environmental, social, and economic conditions and projected changes therein elements in § 49-41B-22, and any applicable ordinance, resolution, or building code.
49-41B-28. A permit for the construction of a transmission facility within a designated area may supersede or preempt supersedes and preempts any county, township, or municipal, or any other governmental unit land use, zoning, or building rules, regulations rule, regulation, or ordinance. Any local land use, zoning, or building rule, regulation, or ordinance preempted or superseded under this section is not an applicable rule or law under subdivision 49-41B-22(1). A route or transmission facility permitted by the commission under this chapter is not subject to any local land use, zoning, or building rule, regulation, or ordinance, unless the commission requires compliance with any generally applicable rule, regulation, or ordinance as a condition of the permit issued. The enforcement of any county, municipal, township, or other governmental unit rule, regulation, or ordinance for a transmission facility permitted under this chapter must be done pursuant to the order of the commission granting the permit.
ordinances upon a finding by the Public Utilities Commission that such rules, or regulation, or ordinances, as applied to the proposed route, are unreasonably restrictive in view of existing technology, factors of cost, or economics, or needs of parties where located in or out of the county or municipality. Without such a finding by the commission, no route shall be designated which violates local land‑use zoning, or building rules, or regulations, or ordinances.
Section 7. That a NEW SECTION be added to chapter 49-41B:
A county, municipality, township, or other governmental unit, including governmental units chartered under S.D. Const., Art. IX, § 2, may not enact or increase, in any form, a tax, fee, or charge that is related to a gas or liquid transmission line or an electric transmission line which requires or holds a permit under chapter 49-41B. The provisions of this section do not prohibit:
(1) Real property taxes pursuant to title 10;
(2) Road use, construction, maintenance, and improvement agreements pursuant to titles 7, 8, 9, or 31; and
(3) The surcharge created by section 2 of this Act.
A county, municipality, township, or other governmental unit, including governmental units chartered under S.D. Const., Art. IX, § 2, may require a gas, liquid, or electrical transmission project to enter into a road use, construction, maintenance, and improvement agreement prior to construction.
Any fee or tax permitted under this section must be uniform and apply to all classes of facilities, except the surcharge listed under subdivision 3 of this section.
If after ninety days the applicant cannot come to terms with a county, municipality township, or other governmental unit, including governmental units chartered under S.D. Const., Art. IX, § 2, on a road use and maintenance agreement, the applicant may apply to the commission for an order in place of the agreement, specific to that unit of government and after notice and hearing the commission must grant an order determining the applicant's use and restoration of the units, roads, bridges, and rights of way.
Section 8. That a NEW SECTION be added to chapter 49-41B:
All pipelines carrying carbon dioxide must be installed so that the cover between the top of the pipe and the ground level, road bed, river bottom, or underwater natural bottom, as determined by recognized and generally accepted practices, must be a minimum of forty-eight inches in thickness and must be buried so that it is below the level of cultivation.
Section 9. That a NEW SECTION be added to chapter 49-41B:
An operator of a pipeline facility carrying carbon dioxide is liable for repairs of drain tile, which was installed prior to the installation of the pipeline facility, where the installation, construction, operation, maintenance, or repair of the pipeline facility is the proximate cause of the damage to the drain tile. The operator’s liability pursuant to this section shall:
(1) Continue for the life of the pipeline facility;
(2) Cover full replacement costs including without limitation material, labor, and equipment; and
(3) Include the reclamation and restoration of topsoil as part of any drain tile repair.
Section 10. That a NEW SECTION be added to chapter 49-41B:
An operator of a pipeline facility carrying carbon dioxide shall be liable for all damages resulting from the installation, construction, operation, maintenance, repair, leaks, ruptures, and other failures of the pipeline facility. The operator shall indemnify and hold the surface owner harmless from any loss, claim, or damage resulting from the installation, construction, operation, maintenance, repair, leaks, ruptures, and other failures of the pipeline facility, other than for gross negligence or willful misconduct of the surface owner.
In the event that the surface owner is a county, city, or other governmental unit, including governmental units chartered under S.D. Const., Art. IX, § 2, the operator’s liability and indemnification requirements shall include without limitation the governmental unit’s road, bridge, and other infrastructure damages.
Section 11. That a NEW SECTION be added to chapter 49-41B:
An operator of a pipeline facility carrying carbon dioxide must include an agricultural impact mitigation plan in its application for a permit under this chapter.
Section 12. That a NEW SECTION be added to chapter 49-41B:
An operator of a pipeline facility carrying carbon dioxide must offer a dispersion analysis into evidence before the commission. The commission may enter an order declaring such dispersion analysis, or a portion of the dispersion analysis, confidential. Any order declaring a dispersion analysis, or a portion of the dispersion analysis, as confidential must be justified in specific findings, in writing or on the record.
The commission must make the dispersion analysis available, in relevant part, to each applicable county, emergency manager, and law enforcement agency. The commission shall make available a dispersion analysis report to the public.
Section 13. That a NEW SECTION be added to chapter 49-41B:
A land agent acting on behalf of a pipeline facility carrying carbon dioxide must be a pipeline facility employee, a resident of the state, or a real estate agent licensed in the state.
Section 14. That a NEW SECTION be added to title 43:
Sections 14 to 15, inclusively, of this Act may be cited as the Landowner Bill of Rights.
Section 15. That a NEW SECTION be added to title 43:
Any landowner granting a carbon pipeline easement has the following rights:
(1) Each pipeline placed in a carbon pipeline easement must meet the minimum depth requirement in section 8 of this Act;
(2) The entity holding rights in the carbon pipeline easement must repair any damage to drain tile as set forth in section 9 of this Act;
(3) An operator of a pipeline facility carrying carbon dioxide is liable to a landowner for any leaks or repairs as provided in section 9 of this Act;
(4) An operator of a pipeline facility carrying carbon dioxide must indemnify the owner as provided in section 10 of this Act;
(5) Any applicant desiring to obtain a permit to operate a pipeline facility carrying carbon dioxide must file the plan as provided in section 11 of this Act;
(6) Any applicant desiring to obtain a permit to operate a pipeline facility carrying carbon dioxide must file a disclosure of the dispersion analysis as provided in section 12 of this Act;
(7) Any applicant desiring to obtain a permit to operate a carbon dioxide pipeline facility must engage a landowner as required by section 13 of this Act;
(8) Each carbon pipeline easement agreement must include a statement disclosing the information in HB 1186, § 2, if enacted by the Ninety-Ninth Legislature;
(9) If the easement holder mortgages or otherwise encumbers to any party any part of the easement holder's rights and interests under the carbon pipeline easement, the mortgage or encumbrance is enforceable only as permitted in HB 1186, § 2, if enacted by the Ninety-Ninth Legislature;
(10) A carbon pipeline easement is not enforceable after the period of time set forth in HB 1186, § 2, if enacted by the Ninety-Ninth Legislature;
(11) An operator of a pipeline facility holding the right in the carbon pipeline easement must initiate business operations within the time period set forth in HB 1186, § 2, if enacted by the Ninety-Ninth Legislature;
(12) A carbon pipeline easement expires after the passing of a period of nonuse as set forth in HB 1186, § 2, if enacted by the Ninety-Ninth Legislature;
(13) A carbon pipeline easement must be in writing as required by HB 1186, § 2, if enacted by the Ninety-Ninth Legislature;
(14) A landowner granting a carbon pipeline easement has the examination and survey protection rights as set forth in § 21-35-31; and
(15) To receive the one-time payment as provided in HB 1185, § 1, if enacted by the Ninety-Ninth Legislature.
NOTICE TO CREDITORS OF INFORMAL PROBATE AND APPOINTMENT OF PERSONAL REPRESENTATIVE
PRO. 23-0077
In the Matter of the Estate of
LYLE EVERETT O'DONNELL,
Deceased.
STATE OF SOUTH DAKOTA IN CIRCUIT COURT
:SS
COUNTY OF MINNEHAHA
SECOND JUDICIAL CIRCUIT
PRO. 23-0077
Notice is given that on the 20th day of March, 2023, the following person was appointed as Personal Representative of the estate of Lyle Everett O'Donnell:
Jamie Kopp-O'Donnell
7205 W. Stoney Creek, St., Sioux Falls, SD 57106
(605) 653-0117
Creditors of the decedent must file their claims within four (4) months after the date of the first publication of this Notice or their claims may be barred.
Claims may be filed with the Personal Representative (by sending to her attorney at the address below); or Claims may also be filed at the Courthouse with the Minnehaha County Clerk of Courts, and a copy of the claim must be mailed to the Personal Representative (through her attorney below).
Jamie Kopp-O’Donnell
7205 W. Stoney Creek, St, Sioux Falls SD 57106
(605)6530117
Angelia Gries
MINNEHAHA COUNTY CLERK OF COURTS
425 N. Dakota Ave.,
Sioux Falls, SD 57104
(605) 367-5900
ATTORNEY FOR PERSONAL REPRESENTATIVE Lindsay M. Harris, JD
Harris Law & Co.
5019 S. Bur Oak Pl., Sioux Falls, SD 57108 605-777-1772
Published three times at the total approximate cost of $52.61 and can be viewed for free at www.sdpublicnotices.com.
9-26-24-3tc
Notice of Hearing: for Adult Name Change
CIV 24-3820
STATE OF SOUTH DAKOTA) SS COUNTY OF MINNEHAHA)
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
In the Matter of the Petition
of Jean Ann Heisler,
For a Change of Name to
Jean Ann Eller
CIV: 24-3820
Notice is hereby given that a Verified Petition for Adult Name Change has been filed by Jean Ann Heisler, the object and prayer of which is to change Petitioner’s name from Jean Ann Heisler to Jean Ann Eller.
On the 29th day of October, 2024, at the hour of 11:00 a.m. said Verified Petition will be heard by this Court before the Honorable Judge Pekas Presiding, at the Court Room in the Minnehaha County Courthouse, City of Sioux Falls, Minnehaha County, South Dakota, or as soon thereafter as is convenient for the court. Anyone may come and appear at that time and place and show reasons, if any, why said name should not be changed as requested.
Dated this 11th Day of Sept., 2024 at Sioux Falls, South Dakota.
Attested by,
Cathy Arant, Clerk of Court
Published four times at the approximate cost of $50.69 and can be viewed for free at www.sdpublicnotices.com.
9-12-24-4tc
Notice of Hearing: for Adult Name Change
49 CIV 24-3991
STATE OF SOUTH DAKOTA) SS COUNTY OF MINNEHAHA)
IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
In the Matter of the Petition
of Emily Ann Morgan,
For a Change of Name to
Emily Ann Bossman
49 CIV:24-3991
Notice is hereby given that a Verified Petition for Adult Name Change has been filed by Emily Ann Morgan, the object and prayer of which is to change Petitioner’s name from Emily Ann Morgan to Emily Ann Bossman.
On the 12th day of November, 2024, at the hour of 11:00 a.m. said Verified Petition will be heard by this Court before the Honorable Mandi Mowery, at the Court Room in the Minnehaha County Courthouse, City of Sioux Falls, Minnehaha County, South Dakota, or as soon thereafter as is convenient for the court. Anyone may come and appear at that time and place and show reasons, if any, why said name should not be changed as requested.
Dated this 24th Day of Sept., 2024 at Sioux Falls, South Dakota.
Attested by,
Cathy Arant, Clerk of Court
Published four times at the approximate cost of $50.69 and can be viewed for free at www.sdpublicnotices.com.
10-3-24-4tc
NOTICE TO CREDITORS
In the Matter of the ESTATE OF
BENNY E. OLSON, Deceased.
49 PRO 24-229
STATE OF SOUTH DAKOTA )
: SS
COUNTY OF MINNEHAHA )
In the Matter of the ESTATE OF
BENNY E. OLSON, Deceased.
IN CIRCUIT COURT SECOND JUDICIAL CIRCUIT
49 PRO 24-229
NOTICE TO CREDITORS
Notice is given that on August 20, 2024, Tracey Richard Stoll, whose address is 201 E. Lotta St. #4 in Sioux Falls, South Dakota was appointed as Personal Representative of the Estate of Ben Olson.
Creditors of decedent must file their claims within four months after the date of the first publication of this notice or their claims may be barred.
Claims must be filed with the Personal Representative or may be filed with the clerk, and a copy of the claim mailed to the Personal Representative.
Tracey Richard Stoll 201 E. Lotta St #4 Sioux Falls, SD 57105 Personal Representative
Mary R. Ash
Ash Law Office, PLLC
5101 S. Nevada Ave., Suite #130 Sioux Falls, SD 57108
(605) 800-1071
Attorney for Personal Representative
Angelia M. Gries
Minnehaha County Clerk of Courts 425 North Dakota Ave
Sioux Falls SD 57104
(605) 367-5900
Published four times at the total approximate cost of $51.90 and can be viewed for free at www.sdpublicnotices.com.
10-3-24-4tc
NOTICE OF DEADLINE FOR VOTER REGISTRATION
Voter registration for the General Election to be held on November 5th, 2024, will close on October 21, 2024, at 5:00 p.m. Failure to register by this date will cause forfeiture of voting rights for this election. If you are in doubt about whether you are registered, check the Voter Information Portal at www.sdsos.gov or call the county auditor at 605-367-4220.
Registration may be completed during regular business hours at the county auditor's office, municipal finance office, secretary of state's office, and those locations which provide driver's licenses, SNAP, TANF, WIC, military recruitment, and assistance to the disabled as provided by the Department of Human Services. You may contact the county auditor to request a mail-in registration form or access a mail-in form at www.sdsos.gov.
Any voter who needs assistance, pursuant to the Americans with Disabilities Act, may contact the county auditor for information and special assistance in voter registration.
Leah G Anderson, Minnehaha County Auditor
Published twice at the total approximate cost of $25.56 and can be viewed for free at www.sdpublicnotices.com.
10-3-24-1tc
Minutes of the Minnehaha County Building Committee for Oct. 1, 2024
THE MINNEHAHA COUNTY BUILDING COMMITTEE CONVENED AT 8:00 AM on October 1, 2024, pursuant to adjournment on September 3, 2024. COMMISSIONERS PRESENT WERE: Bender, Bleyenberg, Karsky, and Kippley; Auditor Anderson, Facilities Director Kriens, and Commission Administrative Officer. Commissioner Beninga was absent. Also present were Kym Christiansen, Commission Recorder and Eric Bogue, Chief Civil Deputy State's Attorney.
MOTION by Bender, seconded by Bleyenberg, to Approve the Meeting Minutes from September 3, 2024. 7 ayes.
JUVENILE JUSTICE
CENTER PROJECT UPDATE
Meredith Jarchow, Assistant Commission Administrative Officer, provided an update on the Juvenile Justice Center Project. In April 2024, phase 1 of construction for the new Juvenile Justice Center started. Currently, the project has remained on schedule with an anticipated closeout of Phase 1 on August 15, 2025. Representatives from Henry Carlson Construction, Architecture Incorporated, Tegra Group, and Minnehaha County provided an update on the current state of the project including the current budget, construction schedule and progress, ongoing internal tasks, and an update on the bond. Currently, the budget has remained on schedule with an anticipated closeout of Phase 1 on August 15, 2025. The project has stayed on budget, with some slight changes to the contingency and construction amounts. The investment strategy used on the Juvenile Justice Center bond has allowed the County to maximize the amount of interest income that Minnehaha County will receive and retain, which is approximately $3.6M. That amount is available for design, construction, and equipping of the Juvenile Justice Center as well as the ability to be used for debt service of the bond. Susan Beaman, Finance & Budget Officer, provided additional information related to the investment earnings and arbitrage.
MUSEUM ROOF REPLACEMENT BRIEFING
Mark Kriens, Director of Facilities and Construction, provided a briefing on the courthouse museum roof repairs following questions raised during the September 3, 2024, Building Committee. The cost estimate for the lift and scaffolding is $440,000, of which half is for the clock tower. It is estimated that 400 titles are in need of replacement, which makes up 3% of the entire roof. The entire roof replacement has an estimated cost of $2,000,000 and that does not include all the alternates. The rest of the slate roof is estimated to have 25 more years of life expectancy and slate roofs have a life expectancy of between 50 and 75 years and some have slate roofs have made it over 100 years. The architect does not recommend a complete roof replacement at this time. Director of Facilities and Construction Kriens was asked to the bring this item forward for consideration by the full commission.
MOTION by Bender, seconded by Kippley, to Adjourn at 8:45 a.m. 7 ayes.
APPROVED BY THE BUILDING COMMITTEE:
Dean Karsky
Building Committee Chair
ATTEST:
Kym Christiansen
Commission Recorder
Published at the total approximate cost of $33.55 and can be viewed for free at www.sdpublicnotices.com.
10-3-24-1tc
NOTICE OF HEARING
Notice is hereby given that at a meeting of the Minnehaha County Planning Commission to be held at 7:00 p.m. on October 28, 2024 in the Commission Room of the County Administration Building, 415 N Dakota Ave., Sioux Falls, SD., there will be a public hearing to consider the following:
REZONE from the A-1 Agricultural District to the C Commercial District, property legally described as the W546.61’ of the S356.16’ of Tract 1 Johnson Tracts S½ SW¼ Section 7 T102N-R49W, Minnehaha County, SD.
All interested persons may appear and be heard.
Meeting Assistance: Accommodations for meetings will be provided for persons with disabilities upon request. Please contact the County Commission Office at (605) 367-4206 (Voice or TDD) 24 hours in advance of the meeting.
Dated: October 1, 2024
Published at the total approximate cost of $11.72 and can be viewed for free at www.sdpublicnotices.com.
