2022 South Dakota Legislative Session Center for the Prevention of Child Maltreatment Week 1 Update – January 18-22, 2022
Legislative Notes
The 2022 Children’s Day at the Capitol was held on January 20, 2022. CPCM was joined by advocates, representatives from the Department of Social Services, lawmakers, and members of the public. Twelve partner organizations participated in the vendor booth session. Thank you to Department of Social Services Secretary Laurie Gill who welcomed attendees, and to Sara Sheppick for presenting information on the DSS program Stronger Families Together. Launched in May 2021, the initiative is already recruiting more foster and adoptive families to help children in need. Children’s Day participants were later announced in the House and Senate and attended a movie screening of “Starting at Zero” at the Pierre Discovery Center.
Senate Bill 81, a proposed measure to add buttocks and inner thighs to a list of body parts in the definition of sexual contact under South Dakota law, was considered by the Senate Judiciary Committee January 20. CPCM Law Fellow Mia Hockel conducted research on the bill and CPCM provide proponent testimony. The bill was introduced by Senator Helene Duhamel, who is a CPCM board member, and passed unanimously by the Senate Judiciary Committee. The bill also passed the Senate floor. CPCM Board Chair, Representative Tim Reed, sponsored SB 81 in the House and it will now be considered by the House Judiciary Committee.
Reed introduced House Bill 1068, which would clarify the processing of sexual assault kits performed on individuals ages sixteen and older. CPCM provided proponent testimony. The bill was passed by the House Judiciary Committee on Jan. 19 and the House floor on Jan. 20. HB 1068 now moves to Senate Judiciary.
The 2022 Legislative Session will run 37 days (four-day work weeks), ending on March 28, 2022.
Bills
As of Friday, January 21, 2022, 120 House Bills and 102 Senate Bills have been submitted for consideration. CPCM is actively tracking the following bills:
HB 1005: An Act to provide for the designated use of public school multi-occupancy rooms and sleeping rooms.
Sponsor: Representative Deutsch, et. al. and Senator Symens, et. al. Committee Assignment: House State Affairs
HB 1005 creates designated changing rooms, rest rooms and sleeping rooms in public schools for the exclusive use by members of the same sex. The bill allows a student the right for a private cause of action against a school district if an employee of the district expressly allows a student of the opposite sex to use the designated room. CPCM will watch this bill.
HB 1006: An Act to promote continued fairness in women’s sports.
Sponsor: Representative Milstead, et. al. and Senator Suttons, et. al. Committee Assignment: NA
HB 1006 requires an athlete to designate a term of biological sex as assigned at birth. The bill allows a student the right for a private cause of action against a school district if the law is violated. CPCM will watch this bill.
HB 1012: An Act to protect students from critical race theory.
Sponsor: The Committee on Education at the request of the Office of the Governor.
Committee Assignment: House Education
HB 1012 prohibits an institution of higher education under the control of the Board of Regents or Board of Technical education to director or compel a student to adopt, affirm or adhere to the tenets of critical race theory. CPCM will watch this bill.
HB 1015: An Act to require a moment of silence in schools to begin the school day.
Sponsor: The Committee on Education at the request of the Office of the Governor.
Committee Assignment: House Education. Scheduled for hearing 1/21/22. Deferred to the 41st legislative day.
HB 1015 requires each school to have a moment of silence lasting up to one minute each morning that school is in session. The moment of silence allows for prayer, reflection, and meditation as desired. No school employee may dictate the action taken by students or other employees during the moment of silence. No student may interfere with another student’s engagement in the moment of silence. CPCM will watch this bill.
HB 1016: An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.
Sponsor: The Committee on Appropriations at the request of the Dept. of Public Safety.
Committee Assignment: House Appropriations
HB 1016 provides for $2,956,882 from the general fund to go toward special emergency and disaster special revenue for disasters in the state. CPCM will watch this bill.
- Note: disaster relief funds have been used for mental health purposes in the past. There is no definition for disaster in this bill.
HB 1019: An Act to make an appropriation for payment of extraordinary litigation expenses and to declare an emergency.
Sponsor: The Committee on Appropriations at the request of the Bureau of Administration.
Committee Assignment: House Appropriations
HB 1019 provides for $1,500,000 from the general fund to go toward extraordinary litigation expenses. CPCM will watch this bill.
HB 1024: An Act to revise and repeal certain provisions regarding self-support tuition rates at off- campus locations governed by the Board of Regents.
Sponsor: The Committee on Appropriations at the request of the Board of Regents.
Committee Assignment: House Appropriations. Scheduled for hearing on 1/26/22.
HB 1024 removes the off-campus rate for tuition at BOR schools. CPCM will watch this bill.
- Note: the tuition rate may impact for-credit courses taught by CPCM.
HB 1026: An Act to prohibit eligibility for a suspended imposition of sentence for the crime of rape.
Sponsor: Representative Fitzgerald, et. al. and Senator Wiik, et. al. Committee Assignment: House Judiciary. Scheduled for hearing 1/26/22.
HB 1026 removes the ability for a person who has been convicted, pled guilty, or nolo contender to rape under § 22-22-1 to be granted a suspended imposition of sentence. CPCM will watch this bill.
HB 1068: An Act to clarify the processing of sexual assault kits performed on individuals ages sixteen and seventeen.
Sponsor: Representative Reed, et. al. and Senator Duhamel, et. al. Committee Assignment: House Judiciary. Scheduled for hearing 1/19/2022. Passed out of committee and placed on House consent calendar. Passed house floor and assigned to Senate Judiciary.
HB 1068 codifies the mandatory reporter process when a victim of a sexual assault is a minor age sixteen or seventeen and is seen at a health care facility. CPCM will support this bill.
HB 1094: An Act to revise provisions related to medical cannabis for the protection of youth.
Sponsor: Representative Milstead and Senator Deutsch
Committee Assignment: House Health and Human Services
HB 1094 prohibits the use of medical cannabis on school properties. CPCM will watch this bill.
HB 1099: An Act to revise provisions related to courtroom modifications for child witnesses.
Sponsor: Representative Reed, et. al. and Senator Duhamel, et. al.
Committee Assignment: House Judiciary
HB 1099 enhances protections for children up to the age of 18 who testify in court regarding sexual abuse, physical abuse, neglect or human trafficking. CPCM will support this bill.
HB 1100: An Act to revise provisions related to the video recording of certain victim testimony at a preliminary hearing or deposition.
Sponsor: Representative Reed, et. al. and Senator Duhamel, et. al.
Committee Assignment: House Judiciary
HB 1100 allows for a victim’s testimony at a preliminary hearing or deposition to be recorded on video if the victim is less than 18 years old. CPCM will support this bill.
HB 1108: An Act to revise provisions related to driving under the influence.
Sponsor: The Committee on Judiciary at the request of the Chief Justice
Committee Assignment: House Judiciary. Scheduled for hearing 1/24/22. Passed unanimously and placed on House consent calendar.
HB 1108 adds childcare drop off or pick up for the exception to allow a person to operate a vehicle after receiving a DUI, upon approval from the court. CPCM will watch this bill.
HB 1110: An Act to revise a provision related to the appointment of a guardian ad litem or a special advocate to represent an abused or neglected child.
Sponsor: The Committee on Judiciary at the request of the Chief Justice
Committee Assignment: House Judiciary. Scheduled for hearing 1/24/22. Motion to defer to another day.
HB 1110 changes the court’s requirement for appointing a guardian ad litem or a special advocate from shall to may. CPCM will watch this bill.
HB 1113: An Act to prohibit threats made with the intent to coerce an abortion and to provide a penalty therefor.
Sponsor: Representative Randolph and Senator Castleberry
Committee Assignment: N/A
HB 1113 provides a Class B felony if a person intends to cause a pregnant mother to undergo an abortion against her will. The person is guilty of a Class 5 felony if the threat causes the mother to follow through with the abortion. CPCM will watch this bill.
SB 7: An Act to revise provisions related to custody and visitation rights by medical cannabis cardholders.
Sponsor: Senator Wheeler, et. al. and Representative Fink, et. al., at the request of the Marijuana Interim Study Committee.
Committee Assignment: Senate Judiciary. Scheduled for hearing on 1/25/22.
SB 7 states that being a card holder is not an automatic presumption of unfit or unsafe parents for custody determination; the custody determination should be made in the best interest of the child. CPCM will watch this bill.
SB 28: An Act to disqualify for life any person from driving a commercial vehicle who is convicted of a felony offense involving human trafficking.
Sponsor: The Committee on Transportation at the request of the Dept. of Public Safety.
Committee Assignment: Senate Transportation. Scheduled for Hearing: 1/19/2022. Passed committee unanimously and placed on consent calendar. Passed Senate floor and assigned to House Transportation.
SB 28 disqualifies a person from maintaining a commercial driving license in South Dakota if they have been convicted of human trafficking. CPCM will watch this bill.
SB 46: An Act to protect fairness in women’s sports.
Sponsor: The Committee on State Affairs at the request of the Office of the Governor.
Committee Assignment: Senate State Affairs
Scheduled for Hearing: 1/14/2022. Motion to amend passed. Passed State Affairs. Amended on the Senate floor. Passed Senate floor and referred to House State Affairs.
SB 46 designates athletes as males or females based on their biological sex as listed on the athlete’s official birth certificate near time of birth. The bill also provides a penalty for violation of the proposed law. CPCM will watch this bill.
SB 72: An Act to establish the crime of hazing and to provide a penalty therefor.
Sponsor: Senator Rohl, et. al. and Representative Rehfeldt, et. al. Committee Assignment: Senate Judiciary. Scheduled for hearing 1/25/22.
SB 72 establishes the crime of hazing and provides a penalty for the crime. CPCM will watch this bill.
SB 77: An Act to enhance the penalty on registered sex offenders who commit sexual contact without consent from a person capable of consenting.
Sponsor: Senator Duhamel and Representatives Fitzgerald and Reed Committee Assignment: Senate Judiciary
SB 77 makes it a felony offense to commit sexual contact if the offender is on the registered sex offender list. CPCM will watch this bill.
SB 81: An Act to revise the definition of sexual contact.
Sponsor: Senator Duhamel and Representative Reed
Committee Assignment: Senate Judiciary. Scheduled for hearing 1/20/22. Passed Senate Judiciary unanimously. Passed Senate floor unanimously.
SB 81 includes the terms buttocks and inner thigh in the definition of sexual contact. CPCM will support this bill.
SB 82: An Act to revise the admissibility of certain statements made by persons with developmental disabilities concerning certain crimes.
Sponsor: Senator Duhamel and Representative Reed Committee Assignment: Senate Judiciary. Scheduled for hearing 1/25/22.
SB 82 cleans up language regarding the admissibility of statements of a person with disabilities in criminal proceedings. CPCM will watch this bill.
SB 89: An Act to require insurers to provide coverage for hearing aids and related services to persons under age nineteen.
Sponsor: Senator Tobin and Representative Davis
Committee Assignment: Senate Health and Human Services
SB 89 requires insurance companies to cover hearing aids and services to persons under 19. CPCM will watch this bill.
SB 102: An Act to create the Medicaid expansion fund and to provide for the receipt of monies received as a result of expanding Medicaid eligibility.
Sponsor: Senator Steinhauer, et. al. and Representative Tidemann, et. al.
Committee Assignment: NA
SB 102 establishes a Medicaid expansion fund. CPCM will watch this bill.
Upcoming Dates:
January 26, 2022: Children’s Home Society of SD – Reception
February 2, 2022: Afterschool Day at the Capitol
February 3, 2022: SD Nonprofit Network Legislative Breakfast
February 4, 2022: SD Counseling Association Legislative Coffee
February 8, 2022: SD Network Against Family Violence and Sexual Assault – Reception
February 9, 2022: SD Council of Community Behavioral Health – Reception
February 10, 2022: USD Day at the Capitol
February 15, 2022: SD Chapter National Association of Social Workers Breakfast
February 15, 2022: Sanford Health – Reception
February 15, 2022: Avera Health – Reception
February 16, 2022: LifeScape – Reception
February 16, 2022: SD Association of Youth Care Providers – Reception
Resources
Bills: To view a full listing of the 2022 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 2022 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.
Visiting the Capitol: Members of the public are welcome to visit the State Capitol during legislative session. To view a guide for planning your trip and knowing what to expect, visit the Legislative Research Council website HERE.