The deadline for legislators to introduce bills was Wednesday, Feb. 2. The House and Senate have approximately 570 bills which is a higher number of bills than we typically see.
Senate Bill 168 is a bill I agreed to be the prime sponsor for at the request of some District 19 constituents. A local family has been unable to visit the graves of their relatives; the graves are located on private land. SB 168 provided for reasonable access to cemeteries located within private land.
This is not a new issue as a similar bill was introduced in 2015. That bill passed the house by a wide margin in 2015 but was defeated in a Senate committee. SB 168 was essentially the same bill with minor changes. SB 168 was heard in Senate Local Government. Testimony was given about the lack of access; written testimony in support was provided by a former District 19 legislator.
Opposition to the bill came from several groups concerned about private property rights. Property rights are certainly important but so is respect for those who have passed on. SB 168 was defeated, 4-2, in committee.
Proponents and opponents of the bill agreed that landowners need to work with those wishing to visit these cemeteries. Visiting the burial sites of our loved ones is something that many take for granted. I know many people in this area make periodic visits to these types of cemeteries with no issues. The bill may not have passed this year but the individuals involved in these situations can still choose on their own to do the right thing.
I can be contacted at 605-660-6468 or kyle.schoenfish@sdlegislature.gov.