PIERRE, S.D. (South Dakota Searchlight) – When Republican state Sen. Joy Hohn, a pilot from Hartford, asked a state department head if he consulted with South Dakota’s Aeronautics Commission about an upcoming $5 million airplane purchase, the department head said he’d never heard of the commission.
That was despite the existence of a state law requiring the commission to advise state departments on aircraft purchases.
So, Hohn introduced a bill to strengthen the law. It passed both chambers of the Legislature, and the governor signed it earlier this month.
“It seemed obvious that the state should be using the commission of experts,” she said.
The governor-appointed, seven-member commission must have at least four members with aeronautics experience, and all of the current members are pilots. The commission is primarily tasked with helping to allocate funds for airport projects.
Existing state law says the commission “shall provide advice and expertise to state agencies regarding the purchase, transfer, and disposition of state-owned and operated aircraft, including those owned or operated by any state institution.”
Hohn and Rep. Tim Goodwin, R-Rapid City, the bill’s House sponsor, said they interpreted the law to mean agencies should already have been meeting with the commission about airplane purchases.
Gov. Larry Rhoden ’s spokesperson, Josie Harms, said in a statement that “the current law is permissive.”
“If a state agency wants advice or expertise, they can ask the Aeronautics Commission for it, and the Aeronautics Commission must give it,” Harms wrote. “The new law now requires the state agency to ask for that advice.”
Hohn’s Senate Bill 219, which takes effect in July, adds language clarifying that “a state agency shall consult the commission prior to purchasing, transferring, or disposing of state-owned and operated aircraft.” Hohn and Goodwin said the new language leaves no room for argument.
The new law also says the commission shall provide its advice and expertise in the form of a written report to the governor and the agency requesting the information. It does not require the governor or state agencies to follow the commission’s guidance.
Last week, Department of Public Safety officials discussed their proposed $5 million aircraft purchase with the commission, one day after the governor signed the bill.
A $5 million plan
The governor signed another bill Monday that would authorize up to $5 million in spending authority for the Highway Patrol to buy a plane.
Although the consultation law has yet to take effect, the Department of Public Safety has shared details about its chosen plane and fielded questions from Aeronautics Commission members. In a document shared with the commission March 11, the Highway Patrol explained its interest in a used, 35-foot-long, Kodiak 100 propeller plane to replace the 2004 Cessna it now uses to assist with high-speed pursuits and searches for missing people.
The patrol said the Kodiak would be an upgrade for law enforcement work because it can better handle camera equipment, carry heavier camera systems and use a mounting setup that would create less drag and fewer handling problems. The department would then sell the Cessna. A department spokesman did not provide an estimated value for the Cessna, but said the value will depend on whether it’s sold outright or traded.
Patrol officials spoke to lawmakers about the replacement on Jan. 20. Public Safety Secretary Bob Perry told the House Transportation Committee that the funding would allow the department to buy a more reliable aircraft less likely to break down.
“The aircraft we’re looking at are not luxury aircraft by any means,” Perry said.
Col. Casey Collins, the patrol’s commander, said the Cessna was down for about a quarter of last year for maintenance. A lot of that is tied to the airplane’s age, he said, and how long it takes to get replacement parts.
“We’ve had to reuse bolts for an exhaust, for example, where we shouldn’t probably be doing that,” Collins said. “The aircraft always gets an inspection, obviously, before we put it back up and we make sure it’s safe, but the aircraft is failing on a regular basis, way more than it should be.”
The last time the Highway Patrol purchased an aircraft was 2007, according to Department of Public Safety spokesman Brad Reiners.
During an Aeronautics Commission meeting last week, members suggested that the department consult additional experts on whether the Kodiak would be better than a Cessna, look into an aircraft called the Pilatus PC-12, and consult the commission throughout its deliberations.
According to Reiners, the department has not made a selection yet or engaged in the procurement process. He said in a written statement that “while we don’t have a deal pending, our goal is to find a suitable used plane and purchase updated camera equipment, for a total purchase not to exceed $5 million.”
South Dakota owns three planes, according to Department of Transportation spokesperson Julie Stevenson. The Department of Transportation has a King Air 90 and a King Air 350, and the Department of Public Safety has its Cessna 206.
The administration of former Gov. Kristi Noem acquired the King Air 350 for a net cost of $5 million after selling two older-model planes. It is used for state employee passenger travel. The King Air 90 is also used for passenger travel and providing aerial surveillance to assist with the fighting of wildfires.
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