House defeats final passage of amended prison-funding bill after heated floor debate

The South Dakota House on Feb. 20 voted down final passage of House Bill 10-25, a proposal relating to construction of a new prison facility, after earlier approving an amendment to transfer $148,109,837 from the general fund into the state's incarceration construction fund.

Amendment 10-25A, offered by Representative Kolbeck, carried on a recorded vote, ayes 37, nays 32, excused 1. The amendment directed the state treasurer to transfer $148,109,837 from the general fund to the incarceration construction fund. Supporters said the transfer would set aside money now to avoid higher costs later and would separate funding from final design and site decisions.

After extended floor debate, the House rejected final passage of HB 10-25 as amended: ayes 34, nays 35, excused 1. Representative Kolbeck, the bill sponsor, framed the measure as a fiscally prudent step to secure funding for a long-recognized replacement of aging prison facilities; he said moving the money "allows that discussion to continue" and that "we need a prison. We all agree."

Opponents raised multiple concerns: Representative Lehi described unanswered questions about site selection, infrastructure and ongoing operating costs; Representative Jensen and Representative Manhart urged transparency and questioned bidding and procurement processes; Representative Poirier and other speakers focused on underlying drivers of incarceration (poverty, behavioral health, recidivism) and urged investments that reduce prison demand. Several members said the scale and projected cost — repeatedly cited on the floor as hundreds of millions of dollars and as high as $825 million in the study used by proponents — require clearer plans and public buy-in before setting large sums aside.

Why it matters: The split votes reflect a legislature divided between securing funds now to limit future cost increases and a caucus concerned about process, transparency, site impacts and whether alternatives to large-scale construction (staged upgrades, policy reforms) have been adequately explored. The amendment’s passage briefly increased the fund balance available for corrections, but the main bill’s defeat means no immediate appropriation or authorization for construction was enacted.

Actions recorded on the floor: the Kolbeck amendment to transfer $148,109,837 passed (ayes 37 — nays 32 — excused 1) but final passage of HB 10-25 as amended failed (ayes 34 — nays 35 — excused 1). The sponsor noted intent to reconsider.

Provenance: The HB 10-25 amendment is introduced at transcript segment 5804.4097 and the amendment vote is recorded at 5950.355. Final passage discussion and vote are recorded across the Feb. 20 floor debate beginning 5786.345 and the final vote display at 9943.375.