At least a couple of South Dakota legislators reviewing their 2012 Interim Study Survey were surprised to find a couple of items missing. Rep. Stace Nelson (R-25, now 19/Fulton) had submitted a proposal that the Legislature dedicate some summer study time to legal questions about rape. Rep. Nelson asked that the Legislature follow up on the state Supreme Court's Jones 2011 ruling and his failed HB 1143 and discuss whether a "rapist's failure to ascertain the victim's age, incapacity, insobriety, or other conditions rendering the victim unable to give legal consent [should] be a defense to conviction of the crime of rape." Even journalist Bob Mercer, with whom Nelson scrapped vocally during this year's session, agrees that this question is confusing and requires serious legal study.
Rep. Peggy Gibson (D-22/Huron) quite sensibly asked the Legislature to do a summer study on "the implementation and impact of the Governor's omnibus education incentives legislation," HB 1234. Gibson, who magnificently opposed HB 1234, anticipates that educators will successfully refer HB 1234 to a public vote in November; therefore, says, Gibson, "a comprehensive summer study would be the best means of uncovering the specific facts and plans for implementation to give the voters the information needed to make an informed judgment at the referral election." I'm with you there, Rep. Gibson... although I would pay close attention to which legislators from the narrowly divided House are placed on that committee.
Somehow these two reasonable ideas for summer study topics were omitted from the original survey sent to all legislators on March 31. I suspect Nelson and Gibson got on the horn to Pierre pretty quickly; the LRC followed up April 2 with a supplemental memo adding these two proposals to the list.
Legislators have until Wednesday, April 11, to submit their preferential rankings for up to five topics. The Legislature's Executive Board then meets on April 23 to review the survey and pick which items make the interim agenda.
For your enjoyment and discussion, here are scans of the original 18 item survey, plus Items S and T submitted by Reps. Nelson and Gibson (click each image to enlarge):
