Jensen For Senate

Legislative Update, Week 2                        Representative Kevin Jensen D16

Week 2 of the 99th session of the SD Legislature is now behind us. The week offered some interesting challenges and opportunities.  For Republicans and Democrats alike, HJR5001 introduced by Representative Tordson of Sioux Falls, was one of those bills that was challenging. This Joint Resolution was intended to place a constitutional amendment on the November ballot to effectively nullify the Republican Party nomination process for national and statewide office candidates. The resolution would have forced these candidates into a primary race. We still have a representative form of government and each party has traditionally selected their candidates at their respective conventions. In each organized county we have precinct committee men and women who represent their home precincts at the convention.  The candidates for each statewide office have the opportunity to solicit votes from the committee people and make a nominating speech at the convention. A simple majority of votes at the convention places the winning candidate on the general ballot. 

Some things like HJR5001 simply do not belong in the Constitution. This resolution was introduced in an attempt to resolve disagreements within one political party. In fact, Democrat Minority Leader Oren Lesmeister commented before the vote that “our process works fine (democrats), the republicans need to take this home and fix your own problems.”  I actually agree. Some things do not belong in the Constitution, once there it is nearly impossible to change or modify it. The Constitution is for all residents, not one party.

I have stated in the past that I am not in favor of passing any workforce interstate compacts without asking hard questions. We had four of these compacts in the Health and Human Services committee  last week. These compacts are designed to give properly licensed practitioners in participating states the ability to work in other member states. The concept is good, if you are licensed in one state and meet our state requirements, we honor your license. This is a particularly good for military families who move often. In theory it is helpful because individuals can avoid going through our licensing process if they move to South Dakota. However, some of these compact bill are over 30 pages long and include very complicated rules. HB1013, The advanced practice registered nurse compact, was a very difficult bill for me to support. While the prime sponsor was adamant that the compact cannot supersede SD State law, the compact does not necessarily read that way.  In the case of an emergency, the compact can supersede state law at least until the next legislature is convened. If there is another covid-like ‘emergency’ are we bound by the rules of the compact? No one can directly answer that question. It still needs to pass the senate so if you have concerns, contact your senators. 

The South Dakota Medical Association was in opposition of HB1013 which should have raised the eyebrows of most legislators. In collaboration with the SD Medical Association I introduced a very simple amendment which simply stated, “this compact may not supersede state law with respect to an individual’s scope of practice or supervision and collaborative requirements.” According to the prime sponsor, my amendment would kill the bill. I was only able to muster up 27 votes for the amendment, I needed 35. I still believe the compact can supersede state law and we should NEVER allow another state or an out of state non-government entity to nullify our law. 

On Thursday we held the annual legislative memorial service for those former legislators who passed away in the previous year. This year we honored 13. It is always a solemn occasion since we all know someday all of our names will be called one last time on the floor of the House. The high school special choir from JR Riggs High School performed 2 songs and they were amazing. Also on Thursday we had the annual Home School Day. I am always overwhelmed at how the children are fabulously well mannered and the projects and displays they bring are amazing. 

The only 2 bills on the floor of the House on Friday were from retired Brandon Chief of Police David Kull. HB1047 is an update to current law specifying the penalties for eluding law enforcement; what is often referred an ‘attempt to stop’ to a high speed chase. Under current law there are on two levels of the infraction, 1047 adds a third level. The addition is a new section that makes it a class 4 felony if a high speed chase ends in the injury or death of an innocent non-involved person or persons. In my opinion, too many people think eluding an officer is ‘joy riding.’ Anytime you recklessly run from police it is anything but that.

HB1046 would make it a class 4 felony to attempt to disarm a law enforcement officer. Several examples were given of instances in South Dakota that did involve attempts to remove the officer’s weapon; in one case the officers was shot 3 times and thankfully recovered.  I think the most interesting part of these debates was members of the House questioning if we are creating too many felonies. After having met with the 2nd Circuit Court Judges I learned that they are worried about the escalation of violent crimes and would like to have more discretion in sentencing. It does not mean that every case would be adjudicated at that level but in extreme circumstances a State’s Attorney would have more options in charging a crime. Both of these will move to the Senate.

Most juvenile crimes end up with a $100 citation and are not placed in the custody of the department of corrections.  I will be introducing a bill in week 3 that would remand a juvenile to DOC for stealing a firearm. This is another area the juvenile judges are concerned about. Many, if not most, of the juveniles caught with stolen firearms were also in possession of drugs. The judges have also asked for more discretion in these cases. 

One issue that has come up with the legislature starting to hear bills so early is that it caught some lobbyists off guard and they were scrambling to catch up. I believe it was a good thing to start early because with so many bills we had a good head start. The last two weeks of session can become extremely stressful because are trying to give every bill that crossed over from the other house a fair hearing. Rest assured that is the plan for next year too.

Please feel free to contact me with concerns. I am likely to respond quicker if you use my personal email kevinj6005@gmail.com. Representing you in District 16 is an honor that I take very seriously. We have a lot of work to do and I do appreciate working for you.