2020 South Dakota Legislative Session – Final Update

Center for the Prevention of Child Maltreatment

Week 1 Update – January 14-17, 2020

Legislative Notes

The 95th South Dakota Legislative Session began on Tuesday, January 14, 2020. SD Governor Kristi Noem presented her 2nd State of the State address to a joint session of the State Legislature. Governor Noem discussed several priorities, including business development, workforces housing projects, suicide prevention, and meth treatment. Governor Noem also provided an update to the budget address, indicating additional ongoing money with fund increases to education, state employees, and Medicaid providers. Additional remarks included the support of cybersecurity through research at Dakota State University and improving medical care for Native Americans through agreements with Indian Health Services.

South Dakota Chief Justice David Gilbertson provided his final State of the Judiciary address on Wednesday, January 15, 2020. Gilbertson talked about the expansion of programs to bring lawyers to rural parts of South Dakota and the use of mental tele-health services to remotely make mental health services available to rural law enforcement. Gilbertson also encouraged further expansion of diversion programs. Chief Justice Gilbertson will leave his post next year due to term limits.

The State of the Tribes address was given by the Chairman of the Crow Creek Sioux Tribe, Lester Thompson, on Thursday, January 16, 2020. Chairman Thompson commented on areas of cooperation between the state and Native American communities, and pointed at ways in which communication needs to greatly improve. Chairman Thompson also discussed the possible construction of the Keystone XL pipeline in western South Dakota as a “flash point.”

The 2020 Legislative Session will run 40 days (four day work weeks), ending on March 30, 2020.

Bills

As of Monday, January 20, 2020, 71 House Bills and 61 Senate Bills have been submitted for consideration. CPCM is actively tracking the following bills:

HB 1005: An act to revise certain provisions regarding the use of telehealth technologies.

Sponsor: Leverage Telehealth and Telemedicine Task Force

            Committee Assignment: House Health and Human Services

HB 1005 amends the definition of telehealth and the provision to prescribe medications via telehealth. Pass unanimously out of committee.

HB 1047: An act to revise certain provisions regarding human trafficking.

Sponsor: Office of the Governor

            Committee Assignment: House Judiciary

HB 1047 amends definitions of human trafficking and adds the act of human trafficking to the prohibited offenses for child abuse and neglect..

HB 1057: An act to prohibit certain acts against children and provide a penalty therefor.

Sponsor: Office of the Governor

            Committee Assignment: House State Affairs

HB 1057 prohibits medical providers from performing medical practices for the purposes of changing a minor’s sex. The bill creates a class 4 felony for performing the prohibited medical practices.

SB 18:  An Act to revise certain provisions regarding professional counselors.

Sponsors: The Committee on Health and Human Services at the request of the Board of Examiners for Counselors and Marriage and Family Therapists

Committee Assignment:

SB 18 establishes a Board of Examiners for Counselors and Marriage and Family Therapists.

SB 19:  An Act to revise certain provisions regarding marriage and family counselors.

Sponsors: The Committee on Health and Human Services at the request of the Board of Examiners for Counselors and Marriage and Family Therapists

Committee Assignment:

SB 19 establishes a Board of Examiners for Counselors and Marriage and Family Therapists.

SB 20: An Act to create a monitor to review and respond to complaints related to the care provided to youth in the custody or care of certain care facilities, treatment centers, and programs.

Sponsors: The Committee on Health and Human Services at the request of the Department of Social Services.

Committee Assignment: Senate Health and Human Services

SB 20 creates a position/ monitor to receive complaints regarding the care of children in the custody of the state and living in certain facilities. The monitor is required to update the Secretary of DSS regarding the complaints and to report any findings of abuse and neglect.

SB 27: An Act to establish a missing persons clearinghouse.

Sponsors: The Committee on Judiciary at the request of the Attorney General

Committee Assignment: Senate Judiciary

SB 27 creates a missing persons clearinghouse, to be administered by the DCI. Law enforcement agencies are required to provide information to the clearinghouse and DCI will maintain a website accessible to law enforcement and to the public. Minors will be included in the clearinghouse. Passed the Judiciary Committee, as amended.

Resources

Bills: To view a full listing of the 2020 Legislative Bills, visit the SD Legislative Research Council webpage.

Legislators: There are 70 Legislators serving in the House of Representatives and 35 Legislators serving in the Senate. You can find your Legislators on the SD Legislative Research Council webpage. A complete listing of 2020 Legislators can also be found on the SD Legislative Research Council webpage.

Committees: There are 26 total standing committees (13 in each house, divided by subject matter). The primary function of a standing committee is to consider each bill or resolution assigned to the committee and to make a specific recommendation on what action should be taken regarding the bill or resolution. Following the introduction and first reading of a bill in either house, the presiding officer assigns the bill to a committee based on the subject matter. Generally, bills dealing with certain subjects are assigned to the same committee.  You can find out which committees your Legislators serve on by visiting the SD Legislative Research Council webpage.

Schedule: The regular schedule and room assignment for standing committees is located HERE.  For an up-to-date listing of committee schedules and agendas, click HERE. The SD Chamber of Commerce and Industry provides the annual legislative handbook.

Upcoming Dates

The full social calendar is provided by the SD Chamber of Commerce and Industry.

January 16, 2020: South Dakota Association of Addiction and Prevention Professionals-legislative breakfast

January 22, 2020: Children’s Day at the Capitol

January 23, 2020: SDCF Bringing Philanthropy to Life for a Stronger SD

January 24, 2020: SD Governor’s Prayer Breakfast

January 27, 2020: SD Dental Hygienist’s Association Day (see mandatory reporter bill)

January 28, 2020: YMCA Day at the Capitol

January 29, 2020: Wellness Screenings at the Capitol

February 5, 2020: Afterschool Day at the Capitol

February 6, 2020: Research Park Day

February 7, 2020: SD Counseling Association – legislative coffee

February 12, 2020: ACS CAN Suits and Sneakers Day at the Capitol

February 13, 2020: American Foundation for Suicide Prevention- SD Chapter Day at the Capitol

February 18, 2020: SD Association of Healthcare Organizations – legislative social

February 19, 2020: SD Nonprofit Network – legislative breakfast

February 19, 2020: SD Association of Youth Care Providers – legislative social

February 26, 2020: SD Coalition of Citizens with Disabilities Day at the Capitol

March 4, 2020: SD Association of Specialty Care Providers – legislative breakfast