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Senate approves bill making supervisors criminally liable for failing to report misconduct
Summary
The South Dakota Senate passed Senate Bill 62 to require state supervisors to report crimes and improper governmental conduct to the attorney general and auditor general; failing to report is classified as a class 6 felony under the bill. Two floor amendments aimed at narrowing or reducing penalties failed before final passage.
PIERRE, S.D. — The South Dakota Senate passed Senate Bill 62 on final passage after debate over scope and penalty, voting 33–2 to require supervisors in state government to notify the attorney general and the auditor general when they learn of crimes or improper governmental conduct.
Senator Melhoff (State Senator), the bill’s prime sponsor, told the Senate the measure “creates [the] criminal act of knowingly failing to report criminal activity” and that the requirement applies to supervisors, not rank‑and‑file employees. He said the class 6 felony penalty is intended to ensure reporting and “promote confidence in our citizens” that supervisors are good stewards of taxpayer dollars.
The bill drew several floor amendments. Senator Wheeler (State Senator) moved Amendment 62D, described by Wheeler as drafting cleanup to narrow definitions and remove language he said could broaden the bill beyond its intent. That amendment failed on a roll call, 14 yeas to 21 nays. Senator Grove (State Senator) later moved Amendment 62E, which argued for reducing the penalty and emphasized proportionality; that amendment also failed, 13 yeas to 22 nays.
Supporters argued the measure closes gaps in accountability and makes clear supervisors who learn of malfeasance must forward reports for investigation. Opponents and some senators pressing for amendment cautioned the bill’s language could reach seasonal or very junior supervisors and urged more committee vetting to avoid unintentionally criminalizing hesitation or minor administrative lapses.
After debate and failed amendment attempts the Senate approved final passage, 33 yeas and 2 nays. The bill now moves to the House for consideration.
Votes at a glance: Amendment 62D (Wheeler) — failed 14–21; Amendment 62E (Grove) — failed 13–22; Final passage — passed 33–2.
The debate included repeated references to the attorney general’s office and the auditor general as the recipients of reports; the bill also references the Board of Internal Controls in structure and definitions. The Senate discussion noted that destruction of evidence is already a separate crime and that the bill’s reporting obligation is distinct from those offenses.
