Coronavirus turns S.D. Legislature’s usual ‘Veto Day’ into daylong marathon

By: 
Rep. Steve Haugaard, Speaker of the House

PIERRE – On Monday of last week “Veto Day” became a marathon lasting 16 hours and 40 minutes from the time I “gaveled in” to the time I “gaveled out” at 3:40 a.m. Tuesday. It included a full slate of activity on what is usually a rather limited day of considering vetoes.  

Instead of a quick review of four relatively simple vetoes, we were handed 11 new bills to carefully evaluate.  Those bills were split up between the House and Senate for initial consideration. In the House, we heard the bills as a “Committee of the Whole” pursuant to Article III, § 15 of the South Dakota Constitution. That allows for an open meeting of all members of the House and any member of the public who might wish to testify. We offered time for both “proponents” and “opponents”. Every member was allowed to ask questions and express their thoughts and opinions as to each separate item of proposed law. We then passed those that were helpful to address some needed changes in regard to the immediate concerns due to COVID-19. Some required Amendments to place them in the form needed to meet the goals.  

Presently, the People of South Dakota are in the throes of fearing health dangers along with the loss of employment and wondering what is their next step. Likewise, the State is in the throes of major losses of revenue and wondering what is our next step as a State. We won’t know those details on either account until we get through the next several weeks. Therefore, we are likely going to need to conduct a Special Session of the Legislature, probably in June, to evaluate where we are with revenues and what steps we take to keep our budget under control. It will also be a time to, again, consider any legislation necessary to deal with a developing challenge.

There was one particular bill, Senate Bill 191, that was advertised as being the solution for cities and counties in their handling of this health emergency to “protect the people”. I have received a mix of emails and calls in regard to my vote concerning that Bill. As always, the facts get blurred with emotion. The facts are:

• The Governor has full authority to declare a “Public Health Emergency” and to issue whatever ORDERS she should choose to be in the best interests of the entire state;

• Cities have great authority to act in times of public health concerns and issue whatever directives they deem necessary; and 

• Counties have authority to act in times of public health concerns and issue whatever directives they deem necessary.

What was sought in Senate Bill 191 was to add some words to existing law to make the cities and counties “feel” like it would make a difference. The fact is the legislation would have done nothing to change the exposure of the cities and counties as the constitution prevents the “taking” of property, except under certain limited circumstances and is typically reserved to the highest governing authority. That was the essence of that proposed bill. I believe the vast authority to make decisions such as closing down businesses and ordering people to “shelter

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