Just Had to Ask, 12-20: Initiative on airplanes a flawed law

By Mike Rounds, governor of South Dakota | Wednesday, December 20, 2006

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The Question: Voters approved an initiative banning the private use of state airplanes. On a day when you should have been celebrating your re-election, you must have been somewhat frustrated with that vote. Is it difficult not to take their mandate personally?

The vote on Initiative 5 was a vote that attempts to regulate all state government employees and how we do our work. I respect the vote of the people, and we will follow the law.

This law goes far beyond restricting the use of a state airplane by a governor because it adds significant new penalties, and those penalties also apply to all state vehicles and all state employees, not just the state airplane and the governor.

The new law says state owned vehicles may be used for official state business only. Any unanticipated activity that is not official state business would create a violation of the law, resulting in a Class 2 criminal penalty and being subject to a civil action in circuit court for the recovery of a civil penalty of not more than $1,000 plus 10 times the cost incurred by the misuse of the vehicle. This applies to all current and future governors and state employees.

For me personally, it complicates the scheduling of many events that governors are requested and expected to attend. Being on duty 24 hours a day, including many night and weekend events, it becomes even more difficult.

Because there are no exceptions to the state law, I cannot go to church if I use the state airplane for government business in another town on the weekend. I cannot swing by the hospital on the way back to the airport to visit a friend who is sick. I cannot attend a charity event unless it is official state business only. Simple conversations about family become illegal because I am on state business.

Unfortunately, the biggest impact is not on me. It will be on any state employee who uses any kind of state vehicle.

If a state employee does something of a personal nature on a trip, even if it is unintentional, they are in violation of the new law. If they stop at a drug store for aspirin, that is a violation. If they missed lunch and stop at a grocery store for a late snack, that is a violation.

This law is flawed. In many cases, the effect of this law will result in the state paying mileage for the use of a personal vehicle, in addition to the use of a state vehicle. If several employees are attending a meeting or conference, one will drive their own car to avoid any appearance of impropriety and accusations of improper use of a state vehicle. Unfortunately, the taxpayer will be expected to pick up the cost for the additional mileage payment.

I will work very hard to be an excellent governor for the next four years. I will also direct all state employees to carefully follow the new law guiding the use of state vehicles. None can afford to pay huge civil penalties for unintentionally violating the new law.