Senate approves law making supervisors criminally liable for failing to report misconduct

Senate Bill 62, a measure that requires supervisors in state government to report crimes and improper governmental conduct to the attorney general and the auditor general, passed the South Dakota Senate on a 33-2 roll call.

The bill’s sponsor, Senator Melhoff, said the bill “requires supervisors in state government to report crimes and improper conduct to the attorney general and the auditor general when they learn about it,” and that “failing to make this report would be a class 6 felony.” He described the measure as a way to promote public integrity and public confidence in stewardship of taxpayer dollars.

Supporters told the Senate they wanted a rule that applies specifically to supervisors, not rank-and-file employees. Melhoff said the duty is limited to supervisors and that the bill includes definitions and sections addressing the role of internal controls and reporting to investigators so possible criminal activity can be examined.

Opponents and several senators questioned specific language and scope. Senator Wheeler offered amendment 62D as a technical cleanup and to narrow or clarify multiple definitions; Wheeler said the amendment was “meant to be… some cleanup” after negotiations during drafting. Senator Grove and others proposed amendment 62E to reduce criminal exposure — arguing a felony for a reporting lapse would be disproportionate in some circumstances — but the Senate rejected both amendments by roll call.

Floor debate focused on scope (who qualifies as a supervisor), whether the bill duplicated other criminal statutes (for example, destruction or concealment of evidence is already a crime), and the appropriate criminal penalty for failing to report. Senator Melhoff said supervisors are defined in the bill as “a state employee with supervisory authority over one or more state employees” and urged final passage in the interest of protecting vulnerable whistleblowers and ensuring oversight.

Final passage was recorded by roll call. The amendment votes were: Amendment 62D (moved by Senator Wheeler) failed, 14 yeas to 21 nays; Amendment 62E (moved by Senator Grove) failed, 13 yeas to 22 nays. The bill’s final passage was recorded as 33 yeas and 2 nays. The president declared the bill passed and the title correct.

The measure assigns new reporting obligations to supervisors in state agencies; it refers to criminal penalties for knowingly failing to report and cross-references the attorney general and the auditor general as recipients of such reports. Senate debate noted that additional implementation details and definitions could be clarified in later committee or interbranch discussions.

Senate floor debate and the roll-call tallies are on the public record in the Senate journal and video of the session.