Former Legislator Rhonda Milstead writing to legislator on behalf of Protecting SD Kids. Is her 2 year ban on lobbying up already?

I had an e-mail exchange shared with me tonight. An e-mail where I’m not sure if the former legislator sending it checked the calendar before she hit the send button.

Former State Representative Rhonda Milstead served in the South Dakota State Legislature representing District 9 from the date of her appointment (1/5/19) until the end of her term, which would have expired at the end of 2022. Or more technically, until the next legislator was sworn in the following January.

One of the pesky things that goes along with the office is a law – South Dakota Codified law 2-12-8.2:

2-12-8.2. Officials and personnel prohibited from lobbying within two years after termination of service–Violation as misdemeanor.

No elected officer, department or agency head, or division director, or the highest paid employee reporting to such person may be compensated, act, or register as a lobbyist, other than a public employee lobbyist, during a period of two years after that person’s termination of service in the state government. A violation of this section is a Class 1 misdemeanor.

Read that here.

That law makes this following e-mail exchange kind of interesting.  Former Representative Milstead – noting that she’s representing Protecting SD Kids sent a note to State Senator Michael Rohl, Chairman of the Tribal Relations Committee:

Well.. wait a minute? Is she acting on behalf of an organization and advocating that a legislative committee chairman direct an action be taken by a legislative committee? And in an e-mail dated October 7th, 2024?  The last I knew, if we are marking time by the Gregorian calendar which has been in use since 1582, October 7 might be close to the finish line, but technically if we’re counting her term of office until the end of the year at earliest, it seems that it would be 85 days out until Rhonda Milstead would be allowed to lobby. Unless there’s an interpretation on that 2-year ban on lobbying that says the clock alarm goes off earlier or otherwise.

SDCL 2-12-1 describes a lobbyist as someone who seeks “the introduction of legislation or to promote, oppose, or influence in any manner the passage by the Legislature of any legislation affecting the special interests of any agency, individual, association, or business, as distinct from those of the whole people of the state, or to act in any manner as a lobbyist in connection with any such legislation..“

If former Representative Milstead is directly identifying herself as a member of Protecting SD Kids to a legislative committee chairman, and advocating that an action be taken, at least to this layperson that might fall under what people call lobbying.

It’s not my call. But someone might need to ask for the referees to conference on the sidelines, and check time on that game clock.