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Senate approves law requiring state supervisors to report suspected crimes, nonreporting criminalized
Summary
The South Dakota Senate passed Senate Bill 62, creating a duty for state supervisors to report suspected crimes and improper governmental conduct to the attorney general and auditor general and making knowing failure to report a class 6 felony.
Senate Bill 62 passed the South Dakota Senate after extended floor debate, creating a legal duty for state government supervisors to report crimes and improper governmental conduct to the attorney general and the auditor general and criminalizing knowing failures to report.
The bill, as explained on the floor by Senator Melhoff, 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 makes a knowing failure to report a class 6 felony. "This responsibility only applies to supervisors," Melhoff said, adding the intent is to promote confidence that managers are good stewards of taxpayer dollars.
Supporters said the measure strengthens oversight and encourages reports that allow proper investigation. Opponents sought multiple floor amendments to narrow language and to address concerns about scope; two notable amendments — 62D (cleanup changes proposed by Senator Wheeler) and 62E (reducing penalty severity, proposed by Senator Grove) — were offered and defeated on roll call. Wheeler described 62D as cleanup negotiated with the attorney general and governor's offices; Grove argued amendment 62E was needed to avoid imposing felony exposure on seasonal or young supervisors.
Final passage followed debate over scope and penalties. Senator Melhoff urged passage, noting committee hearings and proponent testimony; Senator Wheeler urged the body to decide the bill's language on substance rather than deferring to the House. After roll call, the Senate recorded 33 yeas and 2 nays and the president declared the bill passed.
Votes at a glance: Senate Bill 62 final passage — yeas: 33; nays: 2; outcome: approved. Amendment 62D — yeas: 14; nays: 21; outcome: failed. Amendment 62E — yeas: 13; nays: 22; outcome: failed.
The measure assigns reporting duties to supervisors and directs that reports be passed to the attorney general and auditor general for investigation; it does not expand reporting duties to rank-and-file employees. The Senate record shows the bill will now proceed to the other chamber.
Details about implementation (for example, training, reporting forms, and the informant protections referenced in related bills) were discussed but not specified in the text on the floor; proponents said the attorney general's office would be available to answer questions in later proceedings.
