As we write this article there are only
a few weeks of the 2005 legislative session remaining. It never
ceases to amaze us how so many bills (over 500 again this year)
get through the process in so little time (40 days this year).
Our job as lobbyists is to educate and inform legislators and
others about Church teachings, to bring our great Catholic moral
and intellectual tradition of the past 2000 years to the legislative
process.
Although we are unable to thoroughly review in this article
all of the bills we followed and lobbied this session, you can
review all of them by logging on to the Catholic Advocate Network
(CAN) website at: www.sfcatholic.org/can. Our bill list is located
on the South Dakota page, and contains comments, talking points,
fact sheets and other information. You can read the text of
bills, review the sponsors and votes, and even listen to the
hearings through the links provided.
There were many bills this year relating to beginning and end
of life decisions. One bill that sailed through the process
was SB 59, which allows prison officials to intervene when an
inmate is likely to cause severe harm to himself or herself
by intentionally refusing sufficient nutrition and hydration.
Three bills were introduced to limit the use of or repeal the
death penalty. Two have already failed in committee (HB 1143
and HB 1238), and the third one (SB 206) likewise failed in
committee, but was “smoked out” and delivered to
the floor of the Senate. It will be interesting to see what
happens to it.
There were many bills dealing with the issue of abortion. Senate
Bill 198 was similar to the bill that failed to pass last year
that would have banned most abortions. However, it failed to
make it out of Senate State Affairs.
Two identical bills (SB 203 & HB 1249) were introduced that
purport to ban abortions when “the states are recognized
by the United States Supreme Court to have the authority to
regulate or prohibit abortion at all stages of pregnancy.”
As of this article, HB 1249 is still alive. (The sponsor of
the companion bill SB 203, allowed it to be defeated to avoid
confusion as HB 1249 makes its way through the process.)
Two other bills with a lot of support are HB 1166, which strengthens
our informed consent statute, and SB 193, which strengthens
our parental consent statute.
Finally, HB 1233 establishes a task force to study abortion
in our state and to submit its findings in the next legislative
session.
We are thankful that so many legislators are committed to protecting
our children in the womb and their mothers.
Planned Parenthood, as part of a national strategy, became very
active this year and helped introduce three bills. The first
bill that was thankfully defeated, SB 166, was a short bill
that seemed relatively innocuous on its face, stating that:
“Any school district that provides health education shall
ensure that the information provided to students is factual
and medically accurate and objective.” However, in other
states, this type of legislation has been used to push the “safe
sex” agenda, and to keep abstinence and chastity education
out of our schools.
The second bill to be defeated was SB 167, which would have
mandated health insurance coverage for contraceptive drugs and
devices.
Finally, SB 168 was defeated on the floor of the Senate after
various amendments failed to address the concerns of the many
opponents of the bill. In its initial form, the bill would have
mandated that health facilities give, prescribe or make arrangements
for the dispensing of emergency contraception to any rape victim
who requests it, regardless of whether it was necessary or contraindicated
for the patient.
We are also following and/or lobbying many bills in the areas
of family life, education, health care and social services,
and taxation:
• HJR 1001 – an act that would place on the next
election ballot a proposed amendment to the South Dakota Constitution
stating that “Only marriage between a man and a woman
shall be valid or recognized in South Dakota. The uniting
of two or more persons in a civil union, domestic partnership,
or other quasi-marital relationship shall not be valid or
recognized in South Dakota.”
• HB 1093 – an act to allow any seventh or eighth
grade student who attends a nonpublic elementary or middle
school that is not affiliated with a nonpublic high school
to participate in interscholastic activities at a nonpublic
high school. (Currently, the only choice for these students
is to participate in public school activities.)
• HB 1127 – an act relating to the provision
of special education to alternative instruction students.
• SCR 3 – a resolution establishing October 15th
as Pregnancy and Infant Loss Remembrance Day.
• HB 1185 – an act dealing with the Indian Child
Welfare Act.
• HCR 1002 – a resolution expressing legislative
support for the preservation of the words “under God”
in the pledge of allegiance.
• HCR 1011 – a resolution in support of free
religious expression in public schools.
• SB 115 – an act to raise the eligibility criteria
for the sales tax on food refund program from 150% of the
federal poverty level to 175%.
• SB 174 – an act to raise the minimum wage.
This is our second year for CAN, and we are pleased to have
added to our list of volunteers helping us to ensure that
our moral voice is heard in the Capitol. If you are interested
in being part of CAN, please contact your parish to find out
who your Legislative Liaison is, and if you do not have one,
please consider serving in this capacity.
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