Broadcaster Press 9 November 6, 2018 www.broadcasteronline.com State of South Dakota Reaches Settlement In Remote Seller Law Litigation PIERRE, S.D. – Governor Dennis Daugaard and Attorney General Marty Jackley announced today that the State of South Dakota has entered into a settlement agreement and stipulation of dismissal in State of South Dakota v. Wayfair, Overstock and Newegg. The litigation, which was the result of South Dakota’s remote seller law, had been remanded to the South Dakota State Circuit Court after South Dakota received a favorable decision from the Supreme Court of the United States. This final settlement agreement brings a conclusion to all remaining issues not addressed by the United States Supreme Court. The settlement removes the injunction that prevented South Dakota from requiring the defendants to comply with the remote seller law. Under the terms of the settlement, Wayfair, Overstock and Newegg comply with the law beginning Jan. 1, 2019. “I look forward to the state’s full enforcement of its remote seller law. The work done during the September 2018 special legislative session allowed us to set a collection date of Nov. 1, 2018 for all remote sellers except for the parties to this lawsuit, who will begin collecting on Jan. 1 2019,” said Governor Daugaard. “Today’s settlement agreement is the final step in bringing sales tax fairness to our main street businesses across South Dakota by creating a level playing field with out-of-state retailers,” said Attorney General Jackley. The State of South Dakota also reached a settlement in American Catalog Mailers Association and Netchoice vs. Andy Gerlach, in his capacity as the Secretary of the Department of Revenue, a related lawsuit regarding the remote seller law. This litigation had been on hold until the South Dakota v. Wayfair case had been decided. The parties have agreed to dismiss this case. In 2016, the South Dakota State Legislature passed Senate Bill 106, which required out-of-state retailers to collect and remit sales tax similar to in-state retailers. The law applies to out-of-state retailers if they have more than $100,000 in sales or complete more than 200 transactions per year within South Dakota. Given the controlling precedent of Quill, on October 2, 2017, the Attorney General’s Office filed a petition for certiorari asking the U.S. Supreme Court to review the South Dakota Supreme Court decision in State of South Dakota v. Wayfair, Overstock and Newegg. In Quill, the U.S. Supreme Court had required that a retailer have a “physical presence” within a state before a seller can be obligated to collect and remit that state’s sales taxes on purchases delivered into the state. On June 21, 2018, the United States Supreme Court overruled the physical presence requirement. South Dakota Hunger Summit To Focus On Food Sovereignty MITCHELL, S.D. — The South Dakota Hunger Summit’s focus this year will be food sovereignty – people’s right to healthy and sustainable food. Michael Prate, food sovereignty coordinator with Rosebud Economic Development Corporation (REDCO), is the keynote for this year’s Hunger Summit at Dakota Wesleyan University, Tuesday, Nov. 13, in the Sherman Center. The summit, which originated as the McGovern Conference, begins at 9:30 a.m. and is open to all, though registration is strongly encouraged. The morning includes packing meals for the Mitchell Area Snack Pack Program, followed by the keynote address at 11 a.m., the award of the McGovern Hunger Ambassador, and the popular Empty Bowls luncheon. To register, go to www.partnersagainsthunger.org/hungersummit/. Food sovereignty encompasses a wide platform of food security issues – from ecological sustainability to agricultural methods to culturally appropriate foods. Prate, originally from New York City, found his calling in food security following graduation from Fordham University in New York with a degree in theology. He found his way to the Rosebud Reservation, in the south-central part of South Dakota, with the Jesuit Volunteer Corps. He served as a radio jockey, mentored youth in the local juvenile detention center and cultivated a new community garden. Since accepting the food sovereignty coordinator position, Prate has successfully developed programs such as the Keya Wakpala Community Garden and Farmers Market, in addition to bringing in more than half a million dollars in grants. “We are thrilled to welcome Michael Prate as our keynote speaker,” said Dr. John Lang, director of the McGovern Center at DWU. “Michael will speak to food sovereignty on Rosebud Reservation, which brings together health and nutrition, the viability of local farming communities, and the cultural identity of the Lakota people. The topic promises to be intriguing and thought-provoking.” For those planning to partake in the Empty Bowls soup luncheon, the suggested donation is $10 per meal, which includes a handmade pottery bowl made by a student from Mitchell High School. The MHS students donate all proceeds to the Mitchell Food Pantry. The luncheon begins at noon. The South Dakota Hunger Summit is sponsored by Dakota Wesleyan University and the McGovern Center, Partners Against Hunger, Trinity Episcopal Church in Pierre and South Dakota Synod ELCA. Additional support is provided by Mitchell Weekend Snack Pack, Mitchell High School, Mitchell Technical Institute’s culinary program and DWU’s Third Freedom. Local business support includes The Back 40, Chef Louie’s, Coborn’s Superstore, Fresh Ideas, and Overtime Steakhouse and Sports Bar. DWU is a private, liberal arts university associated with the Dakotas Conference of the United Methodist Church. For more information about Dakota Wesleyan University, go to www.dwu.edu. SDSU Extension Ag Economic Dialogues In September 2018, Governor Dennis Daugaard convened a special session of the Legislature to consider bills addressing the implementation of the sales tax collection. Governor Daugaard signed into law a measure which removed the imposition of an injunction against collection of sales tax on remote sales, except in regard to the Wayfair litigants. This bill, which goes in effect on November 1, 2018, will allow the State of South Dakota to enforce sales tax collections from those who meet the $100,000 in sales or 200 transaction thresholds. A second bill created a new sales tax license for online marketplaces. The Wayfair settlement agreement and dismissals from both cases await final approval by the State Circuit Court. For more information on South Dakota’s remote seller law, visit http://sd.gov/remoteseller. Specialty Crop Sector In South Dakota Receives Grant Funding Support PIERRE, S.D. - The South Dakota Department of Agriculture (SDDA) has awarded around $326,000 to eight specialty crop projects around the state. The funds come from the U.S. Department of Agriculture’s Specialty Crop Block Grant Program. Specialty crops can include everything from fruits and veggies to honey and hops. This year’s projects include brewing freeze dried hops, incubator hub sites, year round production, mobile classrooms, marketing, education and increased sales of specialty crops. Some of the specialty crops grown in South Dakota include hydroponic tomatoes, lettuce, grapes, fruits for juices, jellies and wines, confectionary sunflowers, honey, as well as lentils and chickpeas. Grant recipients include: •South Dakota Specialty Producers from Yankton •Edmunds Central School District from Roscoe •Rebel Earth Farms from Martin •South Dakota State University from Rapid City •Dakota Hops, LLC from Spearfish •Southern Hills Economic Development Corporation from Hot Springs •South Dakota State University from Brookings •South Dakota State Fair, a Division of SDDA, from Huron “We have a wide variety of projects this year that are impacting the specialty crop industry. We have mobile classrooms educating our youth about the importance of specialty crops, as well as projects focusing on educating our tribal communities about high tunnel production, food safety and handling. This is a very exciting year for the industry,” said SDDA grant and loan specialist, Kimberly Sturm. Agriculture is a major contributor to South Dakota’s economy, generating $25.6 billion in annual economic activity and employing over 115,000 South Dakotans. The South Dakota Department of Agriculture's mission is to promote, protect and preserve this industry for today and tomorrow. Visit us online at http://sdda.sd.gov or find us on Facebook, Twitter and Instagram. BROOKINGS, S.D. - SDSU Extension will hold Farm Econom10 - 11 a.m. - Macroeconomic Effects: Joe Santos, Profesic Dialogues November 14, 2018, from 9 a.m. to noon (CST) sor, Graduate Coordinator, Department of Economics, South at the SDSU Extension Regional Center in Sioux Falls (2001 E. Dakota State University Eighth St.). The dialogues will also be live streamed for South 11 - 11:15 a.m. - Interactive Break Dakotans interested in participating via webinar. 11:15 - 11:30 a.m. - Tax Changes: C. Robert The dialogues will address the economic drivers of farm Holcomb,Extension Educator, Agricultural Business Manageincome via short presentations combined with ample time for ment University of Minnesota Extension audience questions. 11:30 - 11:45 a.m. - Input Projections: Jack Davis, SDSU "The past five to seven years have been a roller coaster Extension Crops Business Management Field Specialist and ride for commodity markets," explained Heather Gessner, Heather Gessner, SDSU Extension Livestock Business ManageSDSU Extension Livestock Business Management Field ment Field Specialist Specialist."As producers prepare for the 2019 and 2020 crop 11:45 - Noon NAFTA and Trade: Evert Van Der Sluis, Profesyear, we hope these dialogues provide a better understanding sor, Department of Economics, South Dakota State University of the economic components, beyond the markets, that will be To Participate needed to develop accurate cash flow projections." 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"Like most programming 19 Years in Business 1200 E. Street • Vermillion, SD developed by SDSU Extension, this event is designed to be Sudoku #1 8 Clark 7 Sudoku #2 9 5 1 engaging," Diersen said. 3 5 6 2 7 9 1 4 8 6 3 9 4 7 2 1 8 5 2 5 7 8 6 1 4 9 3 8 7 9 4 5 1 3 6 2 Agenda 6 5 8 4 8 1 3 9 5 6 2 7 4 1 2 8 3 6 9 5 7 9 - 10 a.m. - Farm Income Update: $30 Diersen, Professor & Tune-Up! 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