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Bill to bring every school district opt-out to an election fails in SD

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Bill to bring every school district opt-out to an election fails in SD


Thirty-nine legislators voted against a bill Feb. 4 in the South Dakota House of Representatives that would’ve brought every single school district opt-out to a public vote.

After Senate Bill 85 failed to pass, with 29 lawmakers voting for it and two excused, bill sponsor Rep. John Hughes, R-Sioux Falls, said he intended the bill to be reconsidered in the coming days, meaning the bill could’ve been heard again Feb. 5.

But by the time the House reconvened that day with SB 85 on the docket, Hughes didn’t choose to move to have the bill reconsidered.

He told the Argus Leader, in emails shortly after the bill was mentioned on the House floor, that it wouldn’t be reconsidered, and it’s most likely the case that the bill will remain dead. But that other bills affecting opt-outs are pending, and amendments could come forward.

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Opt-outs allow school districts to raise additional operating funds beyond what they get in their existing tax levy, and in state aid, by “opting out” of those limitations to collect more taxes from property owners in the district.

“Only time will tell how this issue works itself out and whether a mandatory referral requirement will reappear in some other bill,” Hughes told the Argus Leader.

Bill sponsor skeptical of trust in school administrators

Hughes would’ve had an uphill battle to change minds and flip votes, as many of the legislators who spoke in opposition to the bill staunchly defended education, local control and the financial decisions made by superintendents, school boards and school districts.

Those legislators cited the fact that only 14 districts passed opt-outs over the last year, with five of those being referred to an election, and all five passing.

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SB 85 is one of 19 recommendations brought by the comprehensive property tax task force that met over the summer. Sen. Sue Peterson, R-Sioux Falls, brought both the bill and the recommendation, both opposed by the Sioux Falls School District (SFSD). Peterson said it was not a “silver bullet,” but part of the solution to solve the property tax problem in the state.

Peterson has also brought SB 223, which would require petitioners to gather only 50 signatures in 40 days to refer an opt-out to an election. The bill has been referred to the Senate State Affairs committee.

Hughes noted Feb. 4 that last year’s resolution to convene the task force was approved by 64 Representatives.

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“One thing we have all seen from the floor vote on SB 85, the House in 2025-2026 thus far is talking out of both sides of its mouth on property tax reform and relief, and the voters should take that into consideration in June and November, if this session continues its present course on property taxes, and that we should just ‘trust the school administrations’ in South Dakota,” Hughes said in a statement Feb. 5.

Sioux Falls was a focal point of the bill

In House debate Feb. 4 and in the bill’s prior hearings, it was clear the most recent opt-out passed by the SFSD Board of Education, and the inability of petition circulators to gather enough signatures to bring the proposal to a vote, was a flashpoint that led to the bill’s creation.

That opt-out for $2.1 million over 10 years — or $21 million — needed 5,490 signatures to be referred to voters, but only 2,302 signatures were turned in by the deadline, in 20 days.

One of the most outspoken petitioners, Misty Furness, noted the cost for the district to hold an opt-out election — $63,000 — is far less than $21 million, and said SB 85 is about giving taxpayers a voice.

Peterson said Jan. 22 in the bill’s first hearing in the Senate Education committee that it shouldn’t be the responsibility of voters to gather petition signatures to prevent districts from spending over the limits that have been set for them.

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During the Sioux Falls school board’s work session Feb. 4, shortly before the House started debating SB 85, school board president Nan Kelly said the bill wouldn’t solve the property tax issue “in any real meaningful way,” and said opt-outs have historically been used to fill the gap between what’s available in state and local funding, and what’s needed.

District business manager Todd Vik noted the Legislature increased state aid to education at only 1.25% last year and is proposing no increase this year, and said SB 85 will make it “much more difficult to opt out.”

Kelly said the bill sets a “very dangerous precedent” and could lead to similar legislation being proposed for cities and counties.

That’s something SFSD lobbyist Sam Nelson brought up in his testimony against the bill in the House Education committee Feb. 2, arguing that if proponents believed SB 85 was good for schools, it should be good for all local units of government, including the general bill and special appropriations passed by legislators.

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Part of the reason opt-outs are in place is that “for years, we have not adequately funded public education, which is your constitutional obligation to do,” Nelson told the House Education committee on Feb. 2.

He noted that people who disagree with opt-outs or other decisions made by school board members have two ways to deal with it: showing up at school board meetings and making public comments, or “one of the greatest referendum tools,” the ballot box.

Rep. Brian Mulder, R-Sioux Falls, said he’d heard from SFSD that only one person made public comments on the budget cycle, and only two people emailed Superintendent Jamie Nold about the budget, noting that people already have the opportunity to influence school board and district decisions.

Districts ‘glibly ignore spending limits,’ proponents argue

In prior committee hearings, SB 85 was endorsed by lobbyists for the Freedom Foundation and Americans for Prosperity.

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Legislators who spoke in favor of SB 85 Feb. 4 largely argued that taxpaying voters need to have a say in opt-outs that school boards want to pass, and that part of “local control” is for local school board voters to be part of decisions in their local school districts.

Hughes had argued that a number of school districts across the state “glibly ignore spending limits.”

In his rebuttal, he said his sons shouldn’t have to go to school board meetings and “plow through budgets” that make “all of us gloss over.”

He also said that in December, Nold gave a “wonderful defense for everything he’s doing to continue, according to the status quo,” and said that if legislators don’t pass SB 85, “we ought to just give everybody a trophy and go home.”

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Rep. Terri Jorgenson, R-Rapid City, argued SB 85 is not about schools or education funding, but about taxpayers’ consent. She said there are 79 active opt-outs across the state levying $43 million in excess property taxes.

SB 85 takes tools out of education’s toolbox, opponents argued

In prior committee hearings, SB 85 was opposed by lobbyists for the Sioux Falls School District, Rapid City Area Schools, Associated School Boards of South Dakota, School Administrators of South Dakota, South Dakota Education Association, South Dakota United School Association, the Large School Group and the Greater Sioux Falls Chamber of Commerce.

Since the petition group in Sioux Falls didn’t gather enough signatures, ASBSD lobbyist Heath Larson said it’s possible local constituents were supportive of the district and trusted what school board members were doing.

Large School Group lobbyist Dianna Miller argued that putting a mandate like SB 85 on schools isn’t “limited government,” and said that the property tax problem shouldn’t be “solved on the backs of school districts” alone, something Rep. Mike Stevens repeated on the House floor.

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Reps. Erik Muckey, Jim Halverson, Tim Walburg, William Shorma, Roger DeGroot, Keri Weems, Stevens and Mulder all spoke against the bill on the House floor.

DeGroot said school districts pass opt-outs because “we’re not doing our job here,” referring to legislators’ power to increase education funding in Pierre. He added the lack of a proposed increase in state aid to education this year “makes absolutely no sense to me at all.”

Stevens said all legislators do recently is “take tools out” of education’s toolbox, and that if SB 85 passed, “there’d be no more tools in that toolbox.” He noted districts must publish public notices and hold public hearings when school boards plan to vote on or pass opt-outs.

Walburg said he trusts his superintendent and school board members, and that the state shouldn’t dictate what they can do. He noted that 57% of his property tax bill went to schools, which he said was about $265 twice a year.

Halverson said one of the superintendents in his legislative district had asked him to vote no and respect local control. Weems also said constituents in her district value what their property tax does for education, and that she voted against the bill and in favor of local control.

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South Dakota GFP Commission Holds July Meeting

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South Dakota GFP Commission Holds July Meeting


FINALIZATIONS

Definition of a Buck Deer and Bull Elk Antler

The Commission finalized a clean-up to remove “polished antler” and replace with “antler” from the definition of a buck and bull to allow an individual to harvest a velvet antlered deer or elk.

Spring and Fall Turkey Seasons

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The Commission made several changes to the spring and fall turkey seasons.

For the Spring Turkey Season, references to federal property closures were removed from administrative rule and the Day and Codington County combined unit was separated into county specific units for Day (PST-22A) and Codington (PST-05A) counties.

Changes to the Fall Turkey Season include a weapons restriction change allowing for the use of rifles or shotguns for hunting turkeys in the fall for all units, except for Minnehaha County. In addition, the changes to fall turkey unit boundaries will result in the same Spring and Fall turkey unit boundaries for all units, except for the Black Hills.

The Commission closed Bennett and Sanborn counties to spring firearm turkey hunting. The Commission closed Gregory and Mellette counties to fall turkey hunting and opened Hughes County. All spring and fall turkey hunting season unit license numbers were finalized.

Tagging and Transportation of Shooting Preserve Harvested Pheasants

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The Commission adopted additional allowances for the transportation of harvested birds from a private shooting preserve directly to a lodge or cleaning facility not located on permitted acres prior to tagging. This finalization is the result of a public petition.

PROPOSALS

Aquatic Invasive Species Regulations

The Commission proposed to add golden mussels to the current list of Aquatic Invasive Species. Currently, golden mussels have established populations in western North America and are spreading east. They have similar effects as zebra mussels. They are not in South Dakota at this time.

The Commission also proposed to exclude phragmites species from types of vegetation that can be used as blind material on boats when being launched or trailered. Phragmites could be used as blind material, but cannot be transported from the waterbody.

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Bait Regulations

The Commission proposed to remove the requirement to submit an annual summary of bait harvested for resident bait dealers. Resident bait dealers who trap their own bait would still be required to maintain daily records of bait trapped.

 

Muskellunge Limits

The Commission proposed to modify the daily and possession limit of muskellunge and northern-muskellunge (tiger) cross from catch and release to 1 daily, 2 in possession with a 45-inch minimum length limit for inland waters.

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Fishing Tournaments

The Commission proposed to modify the dates when a fishing tournament cannot occur to clarify fishing tournaments cannot occur on the Friday of the 4th of July weekend, if the 4th falls on a Friday, Saturday, Sunday or Monday.

Fish Pathogens

The Commission proposed to update the list of fish pathogens of regulatory concern used for fish importation permit requirements. This change would reduce the regulatory burden on importers and suppliers by reducing the number of pathogens that must be tested for. The proposed changes reflect current fish health standards and disease risk assessments while maintaining safeguards to prevent the introduction of significant fish pathogens into South Dakota waters.

Paddlefish Transportation

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The Commission proposed to modify the transportation requirements for paddlefish harvested during the archery season below Gavins Point Dam to allow for harvested paddlefish to be cleaned, including removal of the head, skin and tail, prior to transport.

Bobcat Hunting Season

The Commission proposed the 2026-2027 and 2027-2028 Bobcat Hunting Season with no recommended changes to administrative rule from past years. With no changes to rule, the current season structure will be retained.

Endangered and Threatened Species

The Commission proposed to remove the Eskimo curlew and Least tern from the list of

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endangered birds.

The Eskimo curlew is believed to be extinct throughout its range. The last confirmed

observation occurred in Barbados in 1963, and there are no records of the species in the South Dakota Nongame Conservation Database.

The Least tern was removed from the Federal List of Threatened and Endangered Species in 2021. In South Dakota, Least terns have been monitored annually for more than 30 years, and recovery criteria have been met for multiple consecutive years, including the most recent monitoring period.

Public Comments Being Accepted

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To hear the discussion on these topics, audio from the meeting is available through South Dakota Public Broadcasting and will soon be available on the GFP website as part of the meeting archive.

To see these topics in their entirety, visit gfp.sd.gov/commission/information.

To be included in the public record and to be considered by the Commission, comments must include a full name and city of residence and be submitted by 11:59 p.m. CDT on Sept. 6.

The next GFP Commission meeting will be held in Winner, September 10-11.



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MN officials warn dogs adopted from South Dakota show ‘high prevalence of canine brucellosis’

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MN officials warn dogs adopted from South Dakota show ‘high prevalence of canine brucellosis’


Image on the left shows a dog waiting for adoption in a shelter (Photo by Beata Zawrzel/NurPhoto via Getty Images). image on the right shows an optical microscope view of bacterium brucella canis causes brucellosis (Photo by: BSIP/Education Images/Un (Getty Images)

The Minnesota Board of Animal Health is warning that some dogs adopted from South Dakota are testing positive for canine brucellosis, a contagious and uncurable infection. 

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Dogs from South Dakota carrying canine brucellosis

By the numbers:

State officials say that so far in 2026, there have been seven canine brucellosis positive dogs traced to South Dakota.

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What they’re saying:

Companion Animal Program Veterinarian Dr. Steve Kivisto shared the following statement on the matter. 

“We’re evaluating new import requirements and quarantine procedures for dogs coming into Minnesota from South Dakota due to a high prevalence of canine brucellosis in dogs rescued from that geographic area in the past few years,” said companion animal program veterinarian Dr. Steve Kivisto. “We’ve also had recent cases imported from other states and will consider additional requirements if those also prove to contain a pattern of canine brucellosis.”

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Dig deeper:

Canine brucellosis is an infection that primarily affects dogs, but there are strains capable of infecting other species, including humans. 

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The infection in dogs is not curable, and should an owner choose to attempt treatment, their pet could still continue to shed the bacteria. Infected dogs would either need to be quarantined for life or humanely euthanized to prevent the spread. 

People who live with or work closely with animals are also at risk of contracting brucellosis.

What you can do:

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Officials say anyone bringing dogs into Minnesota for resale or adoption must have a veterinarian examine the animal and sign off on a certificate of veterinary inspection certifying that it appears free from disease. 

Testing is also highly recommended since infected dogs can appear healthy.

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The Source: This story uses information shared by the Minnesota Board of Animal Health. 

Pets and AnimalsMinnesotaSouth Dakota



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South Dakota T. rex could bring $30 million or more at auction

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South Dakota T. rex could bring  million or more at auction


A Tyrannosaurus rex fossil discovered on a ranch in western South Dakota will be auctioned off in New York City on Tuesday with a possible sale price of $30 million or more.

The 38-foot long skeleton, nicknamed Gus, stands more than 12 feet tall and has one of the most complete T. rex skeletons ever found. According to Sotheby’s auction house, which is handling the sale, Gus could bring the highest sale price ever for a dinosaur fossil.

The dinosaur is from the late Cretaceous Period and was believed to have lived on Earth 67 million years ago.

The Harding County ranch where the skeleton was found lies in the famed Hell Creek Formation, a geological region of northwestern South Dakota and parts of Montana, North Dakota and Wyoming where dinosaur finds are fairly common.

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Several other major dinosaur finds have been made there, including Sue, the famous T. rex discovered in 1990. After legal wrangling over ownership, Sue was auctioned in 1997 at a sale price of $8.3 million to the Field Museum of Natural History in Chicago, where it remains today.

The mounted skeleton of “Gus” on display at Sotheby’s in New York, where it is being auctioned. The Tyrannosaurus Rex fossil was excavated on private land in Harding County, S.D.

(Photo: Malcolm Ritter)

The first piece of Gus, a metatarsal from the dinosaur’s foot, was found in 2021 sticking out of the ground on a Harding County ranch owned by Gary and Dana Licking. The find was made by paleontologists with Theropoda Expeditions, a Texas company specializing in commercial excavation, preparation and mounting of dinosaur fossils.

The fossil consists of 183 bone elements, making up 61% of the possible bones in the dinosaur’s body and representing 75% to 80% of the original bone mass by weight, Sotheby’s said.

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The dinosaur Sue is 40 feet long and 13 feet tall and is considered the largest and most complete T. rex skeleton ever discovered at 90% of possible bone mass.

“This is our longest-term project ever,” Cassandra Hatton, worldwide head of Sotheby’s Science & Natural History division, said in the video. “From the day the first bone was discovered, we’ve been going back and forth to South Dakota to oversee this whole process.”

The lowest opening bid accepted will be $19 million, with an estimated sale price up to $30 million or more depending on buyer interest, Sotheby’s said.

Gus is named after rancher Gary Licking, whose nickname was Gus. Licking died at age 67 in February 2022, before the full extent of the T. rex skeleton was known.

Gary and Dana Licking married in 1983 and lived on their family ranch 11 miles west of Buffalo, according to Gary’s obituary.

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Dana Licking said in Sotheby’s video that she was impressed at the level of skill and professionalism displayed by the paleontologists who discovered the skeleton.

“I’m really grateful that they found it because it could have been lost and nobody ever would learn anything about it,” she said.

Walter Stein, owner of PaleoAdventures in Belle Fourche, in western South Dakota, is an independent paleontologist who is also working to uncover fossils in the Hell Creek Formation.

Western South Dakota is likely to remain a hotbed for discovery of dinosaur fossils, said Stein, who last year opened the Dinosaurs of the Hell Creek Museum in Belle Fourche, a 6,500 square-foot museum with a working paleontology lab, interactive exhibits and dinosaur displays.

“Finding a Tyrannosaurus rex skeleton with 183 bones doesn’t happen every day,” he said.

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Stein said the auction of Gus could lead to a purchase by either a museum or a private individual or group.

But it is unlikely an American museum would have the funding to acquire Gus because many are struggling or struggling financially, Stein said. Across the world, however, interest remains high in major fossils in countries where funding may be more accessible, such as in Japan, Korea, China, Dubai, Saudi Arabia or in Europe, Stein said.

“On the one hand, I would love for this and every fossil I collect to go to a museum,” he said. “However, there’s so many dinosaur specimens and skeletons on display, it’s not going to affect the science that much if it ends up in private hands.”

— This story originally published on southdakotanewswatch.org.





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