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Lawmakers debate gutted HB 1025 as bill limps to Monday
Lawmakers debate gutted HB 1025 as bill limps to Monday

Yahoo

time22-02-2025

  • Politics
  • Yahoo

Lawmakers debate gutted HB 1025 as bill limps to Monday

PIERRE, S.D. (KELO) — Amended and killed, but very much still alive. At least for now. That's the present reality of House Bill 1025 in Pierre. When Friday began, the legislation would have appropriated money to build a new men's prison in Lincoln County. But Republican Jack Kolbeck's amendment transformed HB 1025; now, it would only transfer $148 million to the incarceration construction fund. 37 House lawmakers supported the amendment while 32 were in opposition and one was excused when the full House of Representatives considered the bill Friday afternoon. House defeats bill for new men's prison 'After we transfer this money, we will have roughly $790.1 million available for the prison project, but we have separated the funding, we have separated the funding, from the construction while we analyze and discuss the overall project,' said Kolbeck, who voted for the amended legislation. After the amendment was adopted, the legislation only needed a simple majority to pass since it was no longer an appropriations bill. 'As far as funding, we're not committing the funding today,' said Republican William Shorma, who voted for the amended legislation. 'We are giving ourselves the flexibility to do whatever we think is the right thing to do when we get done debating this in a day or two or three or four.' The money involved in the ongoing conversation was front and center as lawmakers made their arguments. 'Can we as South Dakota citizens at this point in time afford an $825 million prison that does include the cost of the roads, I might add,' said Republican Karla Lems, who voted against the amended legislation. 'I can maybe think of three people in my community that want this thing south of Harrisburg,' said Republican Aaron Aylward, who voted against the amended legislation. 'And their mind may have changed right now. I guess the other thing I'll touch on is the financial piece of it, which I think we'll probably hear more about, but this year's been tight. We can't afford it.' 'No one wants to build a prison. No one wants to spend the money,' said Republican Mary Fitzgerald, who voted for the amended legislation. 'But I'm sorry. People continue to hurt other people. We need to put people away to protect the public.' And just how badly a new facility is warranted also had legislators' attention. 'This prison is a need. It's not a want,' said Republican Will Mortenson, who voted for the amended legislation. 'But I would tell you it's an unwanted need. I would much rather be spending this money improving educational attainment of our kids.' 'Do we need a new prison? Yes, we need a new prison, but do we need that big of a prison? Do we need all those rooms? And if we do, we need to start asking ourselves why do we need all those rooms,' said Democrat Peri Pourier, who voted against the amended legislation. 'Can we acknowledge the rate that poverty feeds into crime that feeds into prisons.' 'A prison isn't going to help anybody in my county. It's just not,' said Republican Liz May, who voted against the amended legislation. 'Matter of fact, it's probably going to be devastating. We need to concentrate more on rehabilitation.' 'We're talking about probably the hardest decision we'll have to make as legislators because we have a responsibility to take care of the state and the people in it,' said Democrat Erik Muckey, who voted against the amended legislation. 'And we also have a responsibility to ensure that we're talking about these opportunities to talk about how do we keep people out of these prisons.' 'It's the responsible thing to do today, to put that money aside, and make sure that it's used for this purpose,' said Republican Taylor Rehfeldt, who voted for the amended legislation. 'I urge your vote green.' In the end, not enough legislators voted green. Only 34 supported the amended HB 1025 on Friday afternoon, with 35 against and one excused. But with Rehfeldt's motion to reconsider, it survives until at least Monday. The legislation will need a simple majority of House lawmakers' support to advance to the Senate. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

South Dakota House kills Lincoln County prison funding bill despite compromise
South Dakota House kills Lincoln County prison funding bill despite compromise

Yahoo

time22-02-2025

  • Politics
  • Yahoo

South Dakota House kills Lincoln County prison funding bill despite compromise

PIERRE — A hotly debated funding bill that would transfer most of the last batch of money needed to pay for a new men's prison in South Dakota has narrowly failed in the state House. Lawmakers voted 34-35 Friday, rejecting a House bill that would have moved about $148 million from the state's general fund to an incarceration construction fund. Previous coverage: Could the new SD prison be built without $182M appropriation? 'Absolutely,' lawmakers say Newly-appointed Rep. Jack Kolbeck, R-Sioux Falls, moved an amendment removing the appropriation language from the bill. While appropriation bills require a two-thirds majority to pass each chamber, Kolbeck's bill only needed a 36-member majority to survive. The 320-acre, 1,500-bed facility would be located on old Lincoln County farmland south of Harrisburg, near 477th Avenue and 277th Street. But what was, on paper, a bill centered on whether to move money into an account to fund the facility's construction spawned an emotional debate about the legislature's role in criminal justice and fiscal responsibility. Kolbeck told his fellow House lawmakers he has heard "a lot of people say we need to build a new prison," while acknowledging the heartburn over the final price tag. The amendment, Kolbeck said, would allow the discussion on the prison to continue. "This has been a long discussion for the last many months," Kolbeck added. "Many months that I know, for some of you, it's been a tough decision, and I know for some of you it's not been a tough decision." Democrat Rep. Erik Muckey voted "yes" along with most of the House Democrats, though the Sioux Falls lawmaker told the Argus Leader after the Friday vote he had "every reason to vote 'no.'" "You have stakeholders in Lincoln County that, in my view, have gone through a process that was unfair. The inmates that need a safer site, same for the site as well … but you also have a really big problem in South Dakota with our sentencing policies," Muckey said. "Voting 'yes' today functionally transfers funds, but it may send a message to somebody that we're placing one of those three things above others." Muckey said he ultimately voted for the bill's passage, because transferring the money, as opposed to making a true appropriation, would have "preserved options for the future." "Whatever the site or selection may be … we may be able to move forward with the project," Muckey said. "The other reason why I voted 'yes' was, in the balancing act right now, I am wanting to make sure we transfer funds, or choosing to transfer funds sends a message to our staff and for the inmates families that we are looking at a facility that's safer for them." Rep. Peri Pourier of Rapid City was the sole House Democrat to reject the proposed amendment. Pourier told the Argus Leader after the measure died that she doesn't necessarily believe the state doesn't need an updated prison. But the fourth-term representative's rejection of the measure, she told the Argus Leader, stemmed from what she viewed as the state's lack of rehabilitation and prison aftercare funding. In an impassioned speech on the floor, Pourier related a litany of issues she believes the state is not prioritizing and the legislature is not addressing. "Can we acknowledge that we have felony ingestion on the books?" Pourier asked. "Can we acknowledge the lack of mental health facilities?" There's also a message behind the $825 million prison purchase that Pourier interpreted negatively. "This is largest purchase … that we're going to see in our lifetime," Pourier said. "That prison's built for 100 years. My grandchildren, what are they going to say about us, when you have the money [and] you invest it in prisons?" South Dakota Department of Corrections officials and Gov. Larry Rhoden have claimed a delay in meeting the prison's 2025 funding goal could cost the state upwards of $40 million in inflationary costs the next legislative go-around. Which is why Rep. Taylor Rehfeldt, R-Sioux Falls, called on her fellow House members to make a "fiscally responsible decision." "I think we can all recognize that this prison is going to be expensive regardless of where it's located," Rehfeldt said. "What are we going to spend this money on if we don't spend it on this? I couldn't think of a better thing we could spend this on." Speaker Pro Tempore Karla Lems was among the batch of populist Republicans who weren't keen on the transfer. Lems, who is in her second term, criticized the DOC's planned prison project by pointing to "unanswered questions" surrounding "plan A" — the Lincoln County site. Her heartburn was largely focused on the affordability of the project, which has other costs that are not directly wrapped up in the $825 million price tag. That includes the $55.4 million annual cost for operations and personnel services — $21.6 million more than the South Dakota State Penitentiary, which the new site would replace. There's also the cost of paving gravel roads around the prison property that's not included in the final figure, Lems noted. And the state may need to pull from a $24 million fund to cover change orders to the original site plan. The Canton Republican also pointed to other states which are planning to build new prisons at a fraction of the cost or at a more affordable rate. A proposed prison in Nebraska is projected at $350 million, according to a local TV outlet. That's a per-bed price of $231,000, less than half of South Dakota's counterpart at $546,000. Alabama, too, is also building a $1.25 billion, 4,000-bed prison facility with minimum, medium and maximum security areas, as well as specific cells for mental and medical health holds, according to the Associated Press. That's about $312,500 per bed. "To me, this whole prison project … I have an acronym for it: CPR," Lems said. "It's on life support." Fort Pierre Republican Rep. Will Mortenson sympathized with opponents to the bill, saying Friday he would much rather spend the prison dollars in the education sector and on hunting opportunities. Mortenson, formerly the majority leader of the House, characterized the new prison as "a need, not a want." "It's an unwanted need," Mortenson acknowledged. "[But] we have the money now, and it is fiscally conservative to set it aside in a fund … rather than go blow it on pet projects." Rep. Taylor Rehfeldt gave notice of intent to reconsider, meaning the bill could return to the House with some compromises. Tuesday is the deadline for the bill to pass out of the House. "How much does a life cost? Does it cost a dollar? Does it cost $5 billion?" Kolbeck asked. "That life costs your heart. That's what that costs." More: What you should know about crime/public safety bills in South Dakota's legislature now This article originally appeared on Sioux Falls Argus Leader: Lincoln County prison funding bill fails in South Dakota House

What's next, now that prison bill has failed?
What's next, now that prison bill has failed?

Yahoo

time22-02-2025

  • Politics
  • Yahoo

What's next, now that prison bill has failed?

PIERRE, S.D. (KELO) — The South Dakota House of Representatives will reconsider the governor's prison bill on Monday. That's according to House Speaker Jon Hansen. House defeats bill for new men's prison Republican Rep. Taylor Rehfeldt requested reconsideration after an amended version of House Bill 1025 failed Friday on a 34-35 vote. Hansen said a legislative rule* requires that when reconsideration is requested, it must come on the following legislative day. KELOLAND News has requested a response from Gov. Larry Rhoden's office and the state Department of Corrections about the defeat and what is planned next. The governor's press secretary, Josie Harms, stated, 'We look forward to continuing the conversation.' All four of the Republicans' top leadership in the House — Speaker Hansen, Speaker Pro Tem Karla Lems, majority leader Scott Odenbach and assistant majority leader Marty Overweg — voted no. So did 14 of the Republicans who are serving their first year in the Legislature. Former Gov. Kristi Noem proposed the prison and that it be located in Lincoln County. Rhoden, who was Noem's lieutenant governor, inherited the project when he became governor last month. He has told reporters there was 'no option for failure' on the plan. Republican Rep. Jack Kolbeck amended HB 1025 on Friday. The amendment removed all of the references to a new men's prison in Lincoln County and left only language transferring $148 million from state government's general fund to the incarceration construction fund. Kolbeck said the purpose of the amendment was only to move the funding. He said the location could be decided later. * Rule 5-11.1 states, 'Motions to reconsider. Having given notice of intent to reconsider, the member giving notice may move to reconsider the question not later than the next legislative day, except as provided in Joint Rule 5-13. Any motion to reconsider shall be made under order of business No. 8, except as provided in Joint Rule 5-13, and takes precedence over all other motions except to recess or to adjourn. No motion to reconsider the same question may be made twice in the same house without unanimous consent. Every motion to reconsider shall be decided by a majority vote of the members-elect on a roll call vote. No question may be reconsidered except the final disposition of bills and joint resolutions and the override of vetoes. No motion to lay on the table is subject to reconsideration. If a motion to reconsider a questionis approved, the question shall be immediately reconsidered unless there is a motion to defer.' Tuesday is the final day for the House to take initial action on a House bill. Hansen said some legislators became aware of Kolbeck's amendment on Thursday night. It was officially posted on the Legislature's website Friday morning. Some House members weren't aware of it however until the noon-hour Republican caucus on Friday, according to Hansen. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Legislative panel supports higher age for lottery tickets, more video lottery machines per business
Legislative panel supports higher age for lottery tickets, more video lottery machines per business

Yahoo

time13-02-2025

  • Business
  • Yahoo

Legislative panel supports higher age for lottery tickets, more video lottery machines per business

The South Dakota State Capitol in Pierre. (Makenzie Huber/South Dakota Searchlight) A South Dakota Senate committee advanced bills Thursday at the Capitol in Pierre to raise the age for buying a lottery ticket and increase the number of video lottery machines allowed per business, while defeating a bill to raise video lottery betting limits. The Senate Commerce and Energy Committee voted 5-3 to endorse Senate Bill 203 to raise the minimum age to purchase a lottery ticket from 18 to 21. That would align with other age restrictions for gaming, drinking and purchasing tobacco products, said Sen. Michael Rohl, R-Aberdeen. The South Dakota Lottery opposed the bill, adding that less than 1% of lottery ticket sales are from adults between 18 and 21 years old. But losing those sales would cost the state roughly $860,000 annually, based on last fiscal year's sales. Lawmakers on the committee also voted 5-3 to pass Senate Bill 205, which would raise the maximum number of video lottery machines at an establishment from 10 to 15 machines. They voted 5-3 to defeat Senate Bill 206, which would double betting limits for video lottery machines. The difference, said Sen. Steve Kolbeck, R-Brandon, is between regulation and expansion. Increasing the number of machines at an establishment could increase the number of machines throughout the state. But the focus is primarily to allow 'flexibility' for business owners with multiple locations to move their machines to where they're more successful, Kolbeck said. The state and business owners split income from the video lottery machines in half, but the business owners are responsible for machine upkeep, employing staff to monitor the machines, overhead expenses and more. 'This gives them leeway to make their margin in overhead,' Kolbeck said, 'not necessarily add more machines.' The legislation to increase betting limits is an expansion, Kolbeck later said in opposition to SB 206. Representatives of gaming businesses said the increase is an inflationary adjustment, since the state's maximum betting limit hasn't increased from $2 since 1989. But lawmakers weren't convinced. SB 203 and SB 205 will head to the Senate floor. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

Anti-corruption bill clears Senate, but second fails
Anti-corruption bill clears Senate, but second fails

Yahoo

time06-02-2025

  • Politics
  • Yahoo

Anti-corruption bill clears Senate, but second fails

PIERRE, S.D. (KELO) — Legislation intended to strengthen the South Dakota Board of Internal Control in heading off corruption by state government employees has passed its first major test. The state Senate voted 32-1 on Wednesday for Senate Bill 61. House now says no to US constitutional convention Senate Republican leader Jim Mehlhaff described it as a combination of proposals from state Attorney General Marty Jackley and the governor's budget office, officially known as the state Bureau of Finance and Management. The BFM commissioner chairs the board. The amended version of SB 61 now heads to the state House of Representatives for further action. The Senate however failed to approve a second anti-corruption bill that the attorney general brought. Senate Bill 60 was intended to give more investigative authority to the state auditor. Needing 18 to pass, and with two senators excused, SB 60 fell two ayes short. Republican Sen. Sue Peterson gave notice of her intent to have the bill reconsidered. That came after the 33 senators who were present had split 17-16 on an amendment offered by Republican Sen. Steve Kolbeck. Kolbeck and Mehlhaff said the attorney general had agreed to Kolbeck's amendment. But Republican Sen. Kevin Jensen and Republican Sen. Taffy Howard led the resistance, saying they wanted the already-amended version that came out of the Senate State Affairs Committee on a 9-0 vote. After Kolbeck's amendment failed, he and Mehlhaff called for the Senate to defeat SB 60. The vote to pass it was 16 yes and 17 no. State government already has the state Department of Legislative Audit that conducts annual audits. The state Division of Criminal Investigation looks into specific allegations of criminal activity. During the past year, at least four former or current state government employees were arrested. The state Department of Social Services reportedly had more than $1.7 million stolen from its office of child protection while Lonna Carroll worked at the main office in Pierre. She currently is in jail awaiting trial. Another DSS employee, Amalia Escalante Barrientos of Brookings, pleaded guilty to converting a grocery voucher to her own use. And two employees of the Motor Vehicles Division in the state Department of Revenue lost their jobs and were charged with crimes associated with falsifying vehicle titles. Lynne Hunsley of Pierre pleaded guilty, while Danielle Degenstein of Pierre was scheduled for a trial later this year. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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