Mixed results with death penalty legislation

In the area of beginning and end of life decisions, some very significant legislation was introduced, including two bills dealing with the death penalty.
Senate bill (“SB”) 207, brought by Sen. Dan Sutton (D-Flandreau), was an act to completely repeal the death penalty and commute sentences of death to life imprisonment. It made it out of committee, but unfortunately died on the Senate floor. The juvenile death penalty bill (SB 182), was introduced by Sen. Patricia de Hueck (R-Pierre) and Rep. Gerald Lange (D-Madison), successfully passed both houses and was signed by Governor Rounds.
This law prohibits the killing of any person who commits a crime while under the age of 18. This bill failed to pass last year, but with the help of many dedicated legislators and lobbyists, hearts and minds were changed.
We cannot, and should not attempt to solve the societal problems of our day by killing people, no matter the culpability. As the Catechism states: “Today, in fact, as a consequence of the possibilities which the state has for effectively preventing crime, by rendering one who has committed an offense incapable of doing harm—without definitively taking away from him the possibility of redeeming himself—the cases in which the execution of the offender is an absolute necessity “are very rare, if not practically non-existent.” (CCC #2267, quoting John Paul II, Evangelium vitae 56.)

Success defeating emergency contraception

An emergency contraception (“EC”) bill was defeated in the House Health and Human Services Committee. House bill (“HB”) 1205 would have required all hospitals in South Dakota, including Catholic hospitals, to provide emergency contraception to sexual abuse victims who request it, regardless of whether tests are administered to determine if conception has occurred.
Following the Ethical and Religious Directives for Catholic Healthcare Services, Catholic hospitals cannot administer drugs if there is a chance that a newly formed life has been conceived because to do so could result in an abortion. Catholic hospitals in South Dakota already have rape protocols in place to guide them in treating sexual assault victims with respect, dignity and appropriate medical care.

Cloning ban enacted

South Dakota has one of the strongest laws in the nation prohibiting the destruction of human embryos for experimental purposes. However, the statute does not prohibit the creation of human embryos through the cloning process and therefore does not prohibit reproductive cloning. Cloning is not morally licit, whether the intent is to create the embryo only to destroy it for experimentation, or to create a cloned embryo to implant in a woman with the hope of a live birth.
Sen. Lee Schoenbeck (R-Watertown) and Rep. Kathy Miles (D-Sioux Falls) carried SB 184 to make sure that all aspects of cloning are banned.

Abortion ban generates talk, falls short

One of the most talked about bills this session was HB 1191, the abortion ban.
Rep. Matt McCaulley (R-Sioux Falls) and Sen. Lee Schoenbeck (R-Watertown) led the efforts on this legislation. A review of this bill’s legislative history will provide you with a great overview of the legislative process. There were numerous amendments attempted as this bill made its way from the House to the Senate. Once in the Senate, it was hoghoused in the State Affairs committee, amended back to the House version on the Senate floor, and then amended to its final form, in which most abortions in South Dakota would have been prohibited.
On March 15th, “Veto Day,” the House approved Governor Rounds’ “style and form” veto. Unfortunately, the Senate failed to approve the veto and the bill died.

Numerous ideas for adjusting sales tax on food

Another issue receiving abundant discussion was the sales tax on food. There were six different bills introduced this session, all with a different twist on how to deal with this important social issue.
The diocese opposes a sales tax on food. However, we also recognize in this current economic environment, certain challenges that the state faces. Therefore, any bill that will reduce the tax on food, especially for the working poor, has our support. It is within the purview and competence of the legislature to decide what is best for our state and the bill that was passed was the governor’s bill, HB 1308. It is now our responsibility to help inform, educate and assist those who can benefit from this program.

One education bill of note

The vast array of education bills introduced each year usually do not affect our Catholic schools because we receive very limited benefits from the state. However, this year, HJR 1003, was introduced by Rep. Matthew Michels (R-Yankton) and Sen. Garry Moore (D-Yankton) to allow the voters of South Dakota to amend, by ballet initiative, our state constitution next fall. The goal is to ensure that all students in South Dakota, whether in public or private schools, are treated with equality and fairness. Since August 2003, Sacred Heart School in Yankton, and other private schools across the state, have dealt with, or been threatened with, the withdrawal of bussing and food services, in spite of a past working relationship with their local public school district.
The reason some public schools give is that they are not sure whether the services are constitutional under the Blaine amendment in our constitution. (Please see last month’s Bishop’s Bulletin for an excellent article on this bill and the discriminatory and anti-Catholic history of the Blaine Amendment.)

No change for minimum wage

Sen. Gil Koetzle (D-Sioux Falls) once again introduced a bill to boost the state minimum wage. Raising the minimum wage would have been another way to help low income families make ends meet. This bill did not make it out of committee.

Social services adjustments

Finally, there were a couple bills dealing with social services. The legislature passed SB 131, sponsored by Sen. Jay Duenwald (R-Hoven) and Rep. Kathy Miles (D-Sioux Falls), which revises the hours of supervision required for certification as a licensed professional counselors in Mental Health (“LPC-MH”). The requirements are so stringent in comparison to neighboring states that there is a significant shortage of LPC-MHs in South Dakota, and especially in our poorest counties.
Hopefully this bill will allow more counselors to become licensed and available to assist the people of our state. Also to that end, HB 1228, sponsored by Rep. Jeffrey Haverly (R-Rapid City) and Rep. Ed Olson (R-Mitchell), closes a loophole in current law so that out-of-state individuals on mental illness or chemical dependency commitments can be placed in appropriate South Dakota facilities for treatment.

Catholic Action Network

We thank all of you who signed up and dedicated your time to our Catholic Advocate Network (CAN). We were happy with the efforts this first year, but hope to have participation at each parish next year and into the future. Please call our office if you would like to get involved. CAN will be active throughout the year as we seek to have a voice in our national legislation as well.