2020 SD Legislature: Handling pandemic calls for flexibility

As we receive additional information concerning the pandemic and its impact on the state, I believe it’s important to step back and be willing to do some course corrections. Clearly, some of the information upon which decisions were made has been found to be inaccurate. We are also seeing that many actions and reactions have been driven by emotions as opposed to fact. That applies to the handling of the virus as well as other issues we collectively face.  

Thankfully, the virus has been shown to affect fewer people than first thought. That’s not to say that it isn’t devastating many families, and to those families we extend our sympathies. Research now seems to indicate that certain DNA types are more vulnerable to the pulmonary problems caused by the virus.  

The other issue we are facing is the financial fallout. Even though the state has not received our usual anticipated revenue, it is not quite as bad as we expected. However, those numbers will be carefully evaluated in each monthly reporting period as we move through this year.  

We now have the federal funds from the CARES Act in our treasury. You can go to www.sdlegislature.gov and see the documents associated with our June 8 Executive Board meeting or follow this link to see exactly how the $1.25B is allocated to the state:  https://sdlegislature.gov/docs/interim/2020/documents/DEXE06082020.pdf

Another document on that site contains 35 pages of guidance that goes with those funds. You will note there is a reporting requirement that will continue for the next couple of years. So, the funds do come at a cost including a great deal of administration and might end up being consumed in a way that doesn’t fit with our usual objectives.  

You might recall that during our marathon veto day session the House defeated Senate Bill 191. That bill was intended to give local leaders some additional authority to control individuals and businesses. I believed at the time of our session, the bill was an unconstitutional expansion of authority, and, in hindsight, we have seen that the communities have proceeded to act under their existing authority. Those actions have resulted in some significant push back from individuals and business owners as many small businesses are suffering potentially irreparable harm.  

The consequences of these actions continue to yield unknown and oftentimes regrettable results. We now know that mental health issues are on the rise with the potential for increasing numbers of suicides. Criminal activity continues to be much higher than before. Businesses are trying to be compliant with guidelines, but that, too, is yielding losses without knowing whether there is really a benefit. Inequities exist such as some larger businesses being allowed to continue while similar smaller businesses have been closed. The point being, we need to make every effort to quickly recognize unintended consequences and adjust our restrictions accordingly. There is a balancing act of preventing harm against causing harm.

So, as we move through this unusual series of events, I encourage all of us to be open to new information and the possibility that past safeguards might have been unnecessary, or that they might be causing even worse results.

Please review the recorded proceedings on South Dakota Public Broadcasting or go to the Legislative Research Council’s website www.sdlegislature.gov  to listen to the recorded committees and floor debate.

As always, please feel free to contact me at steven.haugaard@sdlegislature.gov