Dana Ferguson

dferguson@argusleader.com

A legislative panel voted down a proposed rule change Wednesday that would have explicitly prevented them from engaging in sexual contact with legislative interns and pages.

The measure's primary sponsor Sen. Stace Nelson, R-Fulton, told the Joint Committee on Legislative Procedure that specific language was necessary to prevent lawmakers from engaging in inappropriate situations, while opponents said lawmakers are already barred from such behavior under existing rules.

Nelson said state lawmakers have previously engaged in instances of sexual harassment and sexual contact involving interns and high school pages, with at least one facing charges in 2007 for allegedly groping a legislative page.

"The facts are, this body went through a very public and ugly trial about a decade ago. There's been events in history that indicate these rules should have been put in stone and they haven't," Nelson said. "This is a rule we brought forth to address this so that there is no gray area."

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Opponents in the committee hearing said any inappropriate or unwanted sexual contact involving lawmakers was already prevented under rules that govern South Dakota lawmakers and that laying out every behavior in which legislators should not engage was unnecessary.

"I'm hesitant to pass something when we get into itemizing every potential wrongdoing that a legislator could commit, lest this become a criminal code rather than a code of ethics," Rep. David Lust, R-Rapid City, said.

Lawmakers voted to defer the measure to the 41st day, effectively defeating the proposal, on a nine to four vote.

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Follow Dana Ferguson on Twitter @bydanaferguson, call (605) 370-2493 or email dferguson@argusleader.com

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