SOUTH DAKOTA BILL REQUIRING REPORTING OF MISCONDUCT NOW ON ITS WAY TO THE GOVERNOR
PIERRE, S.D. (SDBA) – A bill requiring South Dakota state employees to report misconduct is heading to Gov. Larry Rhoden’s desk.
Senate Bill 62 passed 20-14 today (Wednesday). It mandates that state workers report suspected fraud, theft and conflicts of interest.
The legislation stems from a series of thefts committed by state employees discovered over the past year. Those cases have been and are being prosecuted by the attorney general’s office.
Passage of the bill ends a back-and-forth among legislators, the governor’s office and the attorney general about the appropriate penalty for failure to comply with the law.
The original version of Senate Bill 62 classified the failure to report misconduct as a Class 6 felony.
The House amended the bill to reduce the penalty to a Class 1 misdemeanor.
This change became a central point of debate. Some senators argued the original felony penalty was too harsh, while others contended that weakening the penalty could undermine accountability.
Senate Majority Leader Jim Mehlhaff, R-Pierre, moved to form a conference committee to resolve differences between the House and Senate. He said the parties needed more time for compromise.
Sen. David Wheeler, R-Huron, moved instead to accept the House’s changes.
“It puts in new guidelines for supervisors and we can be done with the bill at this point,” Wheeler said. “We don’t need further negotiations or further discussion on it. The form it’s in that came from the House, it’s a win for South Dakota.”
Sen. Amber Hulse, R-Hot Springs, agreed.
“These two different parties have been kind of at an impasse for the last several weeks,” Hulse said. “I’m unsure if a conference committee will resolve that impasse. I’d like to be done with this today.”
The bill requires any state employee with supervisory duties to report suspected misconduct to a higher-level supervisor. That supervisor must then submit a report to the attorney general and auditor general, along with any relevant records. Failing to do so could result in a Class 1 misdemeanor.
The attorney general will provide annual updates to the Government Operations and Audit Committee on reports received and their outcomes.
SB 62 has undergone several revisions throughout the legislative process. The House approved amendments March 3.
State agencies must create internal policies to ensure employees understand the new reporting requirements.
If signed into law, the bill would establish a formal process for handling allegations of misconduct within state government.
SB 62 is part of a package of bills submitted by Attorney General Marty Jackley to strengthen the state’s laws against fraud, waste and abuse.
Senate Bill 60: Expands the access and investigatory authority of the state auditor. It was signed by Gov. Rhoden.
Senate Bill 61: Modifies the authority of the Board of Internal Controls. It was signed by Gov. Rhoden.
Senate Bill 62: Establishes mandatory reporting requirements related to improper governmental conduct and crime and provides penalties for non-compliance. Passed by both chambers, it heads to Gov. Rhoden.
Senate Bill 63: Establishes protections for state employees who report improper governmental conduct and crime. It is currently in the Senate Judiciary Committee.
HOUSE STATE AFFAIRS COMMITTEE ADVANCES A VARIETY OF LEGISLATIVE MEASURES
PIERRE, S.D. (Todd Epp / SDBA) – The House State Affairs Committee approved several significant bills Wednesday during its morning session Wednesday, showing bipartisan support for most measures.
The two Senate Joint Resolutions passed with strong support. SJR 503, clarifying that only U.S. citizens can vote, passed 12-1, while SJR 505, establishing a trust fund for unclaimed property, received unanimous approval.
Sen. Taffy Howard, R-Rapid City, who sponsored both resolutions, said SJR 505 would help address an unfunded liability.
“We currently have an almost $1.2 billion unfunded liability due to the unclaimed property revenue that we receive,” Howard said. “It is time that we create this trust fund, the same as other states have done.”
State Treasurer Josh Hader supported the measure, noting: “This gives the South Dakota Investment Council additional options to invest these dollars and get a higher rate of return.”
Parental Rights Protection Also Debated
The most debated bill was Senate Bill 113, which protects parental rights. The measure passed 10-3 after testimony from both supporters and opponents.
Sen. Tamara Grove, R-Lower Brule, the prime sponsor, described parental rights as “fundamental liberty interest” protected by the 14th Amendment.
“This bill’s fundamental parental rights can be found within the 14th Amendment’s due process clause,” Grove said. “It protects a parent’s fundamental liberty interest to nurture, care, custody, and control of their children.”
Opponents from the Department of Social Services and State’s Attorneys Association expressed concerns about how the bill might affect child protection cases.
Election Recount Process Simplified
The committee unanimously passed Senate Bill 173, which streamlines the recount process for legislative elections involving multiple counties. Sen. David Wheeler, R-Huron, explained the change allows candidates to file just one petition with the Secretary of State instead of filing in every county.
“If you’re going to do a recount, you should just ask for it once, send it to the Secretary of State, and the Secretary of State will then notify the county auditors,” Wheeler said.
International Trade Commission Changes
Senate Bill 143, which modifies the South Dakota-Ireland Trade Commission, received a 12-1 vote for passage. Sen. Chris Karr, R-Sioux Falls, the prime sponsor, explained the bill adds more private sector involvement to the commission.
“We want to bring in some private industry to be involved,” Karr said. “We’ve gotten a lot of feedback and interest across South Dakota.”
Former Senator Ryan Maher highlighted the commission’s accomplishments, including establishing contacts with Irish business leaders and beginning work on an exchange program between South Dakota State University and University College Dublin.
The committee placed SJR 505 and SB 173 on the consent calendar, while the other bills will receive regular floor consideration.
DUAL CREDIT REDUCTION BILL GETS SCHOOLED BY A SENATE COMMITTEE
PIERRE, S.D. (Todd Epp / SDBA) – The South Dakota Senate Education Committee rejected a bill Tuesday that would have reduced state funding for the high school dual credit program, while advancing another education measure to appropriations.
House Bill 1040, which proposed cutting the state’s share of dual credit tuition costs from two-thirds to 50 percent, failed on a 4-3 vote after committee members expressed concerns about passing costs to students and families.
“This is a very affordable investment in our kids,” Sen. Jamie Smith, D-Sioux Falls, said. “I think we are supporting families in a way that I believe the state should.”
The dual credit program allows high school juniors and seniors to earn college credits at reduced rates. Last year, 5,739 students participated in the program, with the average student taking more than two courses.
Secretary of Education Joe Graves testified in support of the bill, noting it would have saved the state about $1.15 million in next year’s budget.
“Students are finding the program highly appealing,” Graves said. “Shifting the subsidy from 67 percent to 50 percent is not likely to discourage students or their parents.”
Opponents argued the program’s current funding structure was key to its success.
“One of the reasons the dual credit program is so successful in South Dakota is that it gives our students a leg up and an opportunity to receive a higher education at a much lower cost,” said Sandra Waltman with the South Dakota Education Association.
Dianna Miller, representing the large school group, called the program “an incentive for young people to take courses and get a jumpstart on their college career.”
In other business, the committee unanimously approved House Bill 1039, which amends programs that reimburse teachers and school counselors for earning national board certification. The bill adds language preventing new participants from entering these programs after July 1, 2025.
The committee sent HB 1039 to the Senate Appropriations Committee with a do-pass recommendation on a 6-0 vote.
The committee also tabled House Bill 1200, which would have permitted merit pay as a component of teacher compensation, with Rep. Liz May, R-Kyle, requesting the action because the bill “should have been a resolution.”
IOWA BILL WOULD MAKE IT A FELONY FOR LAW ENFORCEMENT OFFICERS TO NOT COMPLY WITH ICE DETAINER REQUESTS
DES MOINES, IA (Gray Media Iowa Capitol Bureau) – Iowa law enforcement officers could go to prison or have their professional certifications revoked if they don’t comply with federal immigration officials under a proposal in the Iowa House.
The bill would make it a felony for officers who don’t comply with ICE detainer requests. That’s when the agency asks local police to hold someone for 48 hours after their release date while federal agents decide whether to take that person into custody.
The bill is known as HSB 285, and according to Republican State Representative Steve Holt it is needed to ensure Iowans’ safety.
“Any officer sworn to uphold the law who would dare suggest the concerns about imaginary lawsuits or details in language would trump the safety of the Lakens and Jocelyns out there, I have to call BS,” he said.
Dubuque Democratic State Representative Lindsey James questions the state’s role in cracking down on undocumented immigration.
“I’d like to see what happens on a federal level before wading into the complexities around this particular issue,” she said.
Winneshiek County Sheriff Dan Marx has said he won’t help federal immigration officials unless they have a warrant issued by a judge.
“It’s unfortunate that one individual wanted his five minutes of fame and made a absolutely ridiculous statement. Not only did he put his county at risk of losing funds, but he put his county at risk of increasing crime,” Rep. Skyler Wheeler (R-Hull) said at the subcommittee, “We love our law enforcement. We’ve got a boatload of great sheriffs out there. I’ve got two phenomenal ones that I represent, but for goodness’ sakes, totally ridiculous what this individual has done.”
Tuesday, Holt withdrew a bill requiring local police departments to partner with ICE.
