By Dana Hess
For the S.D. NewsMedia Association
PIERRE—The South Dakota Legislature is not operating at full strength as Gov. Kristi Noem waits for a Supreme Court decision on ethics. Republican Party leaders say they understand the governor’s hesitance about filling the positions prior to the decision, but hope lawmakers are appointed yet this session.
Noem has asked the state’s high court for an opinion on what constitutes a legislative conflict of interest. Currently there are openings in both the House and Senate from Rapid City. Sen. Michael Diedrich, R-Rapid City, has been out of the session dealing with health problems.
“We both wish that those seats were filled,” said Senate Majority Leader Casey Crabtree of Madison. Crabtree and House Majority Leader Will Mortenson of Pierre spoke with journalists in Pierre Thursday for News Media Day at the Capitol. The event is sponsored by the South Dakota NewsMedia Association, formerly the South Dakota Newspaper Association.
While those seats remain vacant, Crabtree said, “Our other colleagues have stepped up in major ways.”
Mortenson said the 70-member House doesn’t change its rules when a member is missing. He said it still takes 36 votes to pass a piece of legislation and 47 votes to pass a funding bill that requires a two-thirds majority.
“I firmly believe the Legislature is meant to work at full capacity,” Mortenson said. “There’s a real impact” when members are missing.
While the leaders would prefer that replacements for Rep. Jess Olson and Sen. Jessica Castleberry be appointed yet this legislative session, they both said they understood why the governor was waiting for the Supreme Court decision.
“I really understand her hesitancy, given the coming Supreme Court decision,” Mortenson said. “The decision puts our citizen Legislature in the balance.”
For the question of whether a legislator can enter a contract with the state, Mortenson used the example of buying a park pass.
“That’s a contract,” Mortenson said. “I give you money, you give me a service.” Depending on what the court decides, situations like that could make people unable to serve in the Legislature.
Ethics became a topic in Pierre after Noem called for the resignation of Castleberry, alleging she had run afoul of conflict-of-interest laws after her company received $600,000 in pandemic funding that had been approved by the Legislature. Olson resigned for health reasons.
