PIERRE, S.D. (Dakota News Now) – On Tuesday, ahead of a vote on a data center-related bill, Republican state senator John Carley was absent.
Before Tuesday, it had been decades since a call of the House took place that required such an extensive search for a lawmaker, which included the sergeant at arms and the South Dakota Highway Patrol, and the doors of the Senate Floor to be closed.
“It caught me off guard because we’ve never had something like this before,” Sen. Sam Marty (R), Prairie City, said.
“After that event, the rest of it is a dark cloud over the Senate in history. We’re a very respected body, we’re proud of that, and the actions yesterday will never be forgotten,” Sen. Randy Deibert (R), Spearfish, said.
“People need to take a look at how their senators behaved and handled the situation and keep that in mind next time they go to the ballot box,” Sen. Jim Mehlhaff (R), Pierre said.
Carley (R) Piedmont was last located hours before floor votes. Lawmakers were just about to vote to reconsider a bill that would have given the governor’s office the ability to provide rebates for sales tax bills owed by data centers or any large projects.
On Monday, the bill scored a vote of 17-16 in favor of the proponents, but a bill needs 18 votes to pass in the Senate.
Through reconsideration, which is a second vote for legislation, supporters of Senate Bill 239 were banking on a 17-17 tie and then having the lieutenant governor be that 18th vote. Carley’s absence made that wish almost impossible.
“My feeling is just leave it up to leadership. I don’t feel I’m qualified to make a comment on what goes from here on,” Senator Marty said.
Senator Carley originally told the media, “All is fine! Just an eye doc office visit.” But did not expand to Dakota News Now on whether it was an emergency.
The following day, Carley was present for his legislative duties. He elaborated on his statement, saying it was an “unexpected health issue that came up,” adding:
“I also find it ironic that being absent worried some, that the executive branch might not be able to break a tie, and by default, it was actually me representing the request of my constituents because an absence now is more powerful than a no vote.”
Carley is referring to a recent South Dakota Supreme Court ruling that allowed the Lieutenant Governor to be a tie-breaking vote, which has prompted some senators to back a proposed ballot measure to remove that authority.
Mehlhaff said that, from what he was told, he believes leadership and others should have still been notified before the confusion on the floor ensued.
“He gave his reasons to me long after the fact, and given that it was crossover day and the issues that we were dealing with, I have suspicions that he could’ve been there but chose not to be,” Melhaff said.
Mehlhaff, the Senate Majority leader, who has the power, along with other leadership in the Senate, to issue disciplinary measures, said leadership would discuss sometime this week what disciplinary measures, if any, should be placed. However, he acknowledged that it will be a tough decision given the fact that the legislative session only has two weeks left.
Spearfish Senator Randy Deibert said lawmakers should always vote, even when they don’t want to.
“I’ve shared my position with leadership; it’s up to them at this point forward. I think some sort of brief apology on the floor may be in order, but that’s up to the individuals involved, not me,” Deibert said.
Carley’s absence ultimately did not matter because supporters of Senate Bill 239 only garnered 16 votes, so if Carley were present, the vote would’ve been 16-18.
Senator Chris Karr, not absolving the lack of communication, said the sudden absence of lawmakers is nothing new.
“This just got exacerbated yesterday because there were enough people who wanted the lieutenant governor to break votes, and that’s what it’s all about. The decision by the Supreme Court incentivizes gamesmanship,” Karr (R), Sioux Falls, said.”
Governor Rhoden provided a statement to Dakota News Now regarding Tuesday’s events:
“Everyone is elected to serve their constituents. When I was a legislator, I always prioritized being in Pierre, in the Capitol, voting on bills. I wish legislators would take that same approach.”
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