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HB 1155: Duncan-Phelps Bill Tackles Mid-Central/GEAR UP Self-Dealing

Dr. Kelly Duncan, 2014
Dr. Kelly Duncan

Kelly Duncan, Stacy Phelps, thanks for the idea!

The Democratic caucus in Pierre is willing to learn from the corruption exposed in the Mid-Central/GEAR UP scandal. Led by Rep. Paula Hawks (you know, the candidate for Congress that the GOP spin blog needs you to believe isn’t doing anything), they have introduced House Bill 1155, to stop self-dealing by members of state boards. HB 1155 would add the following language to statute:

No person who serves on a state board may have an interest in a contract or derive a benefit from a contract with the state in any subject area that is governed by the board, nor for a one-year period following the end of the board member’s service as a state board member may the board member derive a direct benefit as a result of the contract. In addition, no state board member may enter into any contract, other than a contract of employment, with any state agency for a period of one year following the end of the board member’s service except as provided in § 5-18A-17.3. This prohibition does not include any state board member who serves without compensation or who may be paid per diem pursuant to § 4-7-10.4 [House Bill 1155, Section 1, introduced 2016.01.28].

Stacy Phelps
Stacy Phelps

HB 1155 also stiffens the limp Benda-Bollen law offered by Rep. G. Mark Mickelson last year to sorta-kinda make it look like Republicans cared about the GOED/EB-5 scandal. HB 1155 would repeal the portion of the Benda-Bollen law (SDCL 5-18A-17.2) that allows the Governor or other supervising executives or boards to exempt officers and employees from the self-dealing prohibition… because if we’re really worried about self-dealing by state officials, it doesn’t make any sense to let state officials excuse each other from prohibitions on self-dealing.

HB 1155 has eleven Democratic House sponsors (hey, Rep. Dennis Feickert, District 1! Where are you?). Seven Senate Dems are on the bill (again, District 1 is AWOL—Senator Jason Frerichs! Did you and Dennis carpool home early?) and are joined by two smart Republicans, Senators Arthur Rusch and Craig Tieszen. Let’s expand that sponsor list and pass HB 1155 for some serious protection against further Duncan-Phelps-style corruption!

17 Comments

  1. larry kurtz 2016-01-29 08:39

    Why DFP keeps sending clicks to DWC remains a mystery.

  2. leslie 2016-01-29 09:31

    While praying phelps is smeared only to de-focus sdgop MCEC fraud, my NEW WORD is “Polynya” representative of fact denial, obfuscation and cover-up, the common mode of intentional SDGOP mismanagement of the State. It means open ice in the arctic in mid-winter. As the USA Titantic slowly successfully turns left the GOP implodes, fossil fuel and fracking are being buried w/T&P, but climate may kill us all. Polynya!

    T-trump P-palin

  3. leslie 2016-01-29 09:39

    NSIDC.ORG

  4. Porter Lansing 2016-01-29 11:15

    A bill like this in SoDak would at least put the Republicans on record as supporting unequal pay for equal work. Ms. Hawks, this would be a quite proper plank in your platform.
    ~The White House is expected to announce today a requirement that companies break down pay for employees by race, gender and ethnicity, part of a push by President Obama to crack down on those that pay women less for doing the same work as men.
    ~The rule, Mr. Obama’s latest bid to use his executive power to address a priority that Congress has resisted, would be required for companies with 100 employees or more.

  5. Mark Winegar 2016-01-29 16:41

    This is a step in the right direction but only a step.

  6. Roger Cornelius 2016-01-29 18:35

    Mark is right, this a only a small step in the right direction.
    There needs to legal consequences for violating this law, knowingly or unknowingly.
    Prosecutions, fines, jail and reimbursements should be a part of this law.

  7. moses 2016-01-29 19:09

    Porter you know more than the White House.Is their a chance you may be running against photo op for Senate.

  8. John 2016-01-29 19:46

    The bill needs a penalty clause. Treble damages and a maximum of 6 months in the pokey ought to do it.

  9. Porter Lansing 2016-01-29 20:27

    Thank you for the compliments, moses. No chance, because it would be a vote of non-support for our outstandingly skilled and talented liberal brothers and sisters, many of which would make a great Senator.
    Timing is everything and there’s no doubt to any thinking observer that SoDak is no longer a blood red state. It’s turning purple as sure as Winter’s white. There are young liberals who are actually considering not moving away after college and young workers who see the Republican Party for the “rich man’s game” that it really is. That’s where the New South Dakota is being nurtured.

  10. clcjm 2016-01-29 21:59

    Porter, your post gives me hope for SD’s future! Pray that you are correct!

  11. Porter Lansing 2016-01-29 22:30

    I’ll pray with you. :)

  12. M.K. 2016-01-30 06:51

    I will pray too that we keep moving in this direction. Our South Dakota needs some blue and a change in venue. Democracy is good and needs to be upheld.

  13. larry kurtz 2016-01-30 08:43

    Over at the Drunks for Denny blog sliming Democrats reads just like another day in the ditch.

  14. Porter Lansing 2016-01-30 09:52

    Their conservative ideology has no basis in reality, facts or logic. Consequently, conservative spokespersons such Lee Schoenbeck, Fred Deutsch, Steve Hickey, Pat Powers and Troy Jones are reduced to publishing angry rants which are supported only by stereotyping, name-calling and fantastic conspiracy theories, in place of evidence.
    ~ TURN SOUTH DAKOTA BLUE … IT’S BEST FOR ME AND YOU ~

  15. caheidelberger Post author | 2016-01-30 13:28

    Let’s take careful notes on the excuses Republicans may offer in House State Affairs for killing this sensible Democratic bill. Let’s use those excuses against those naysaying, corruption-protecting legislators in the 2016 campaign.

  16. PaulT 2016-01-30 20:49

    Looks like a great Bill. Does it have a chance? How do we help get it passed?

  17. caheidelberger Post author | 2016-01-30 22:32

    I’m glad you like it, Paul! Chances would seem good, if we could count on the Legislature to respond to public interest. GEAR UP/Mid-Central has gotten lots of attention: if folks see this bill as one response to that corruption, they’d ring their legislators phones off the hook saying “Pass it!” We could use Angela Kennecke’s help: if HB 1155 got some good TV time with the GEAR UP connection, the chances of passage would double. The bill sponsors need to get the cameras and microphones on that message. We can help by pointing out to our neighbors that this bill tackles part of what went wrong in Platte.

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