2019 South Dakota Legislative Session
Center for the Prevention of Child Maltreatment
Week 3 Update – January 22-25, 2019
Legislative Notes |
The third week of legislative session brought a significant increase in the number of bills submitted for consideration, as Friday was the last day for the introduction of unlimited bills. Approximately 110 House bills and 80 Senate bills were introduced. A number of placeholder bills have been submitted, which means we will see those bills “hoghoused” at some point in the future.
There continues to be several bills regarding the administration and ethics within schools. Other topics include regulations for state employees and gun rights issues.
The 2019 Legislative Session will run 28 more days (four day work weeks), ending on March 29, 2019.
Bills |
As of Friday, January 11, 2019, 170 House Bills and 140 Senate Bills have been submitted for consideration. CPCM is actively tracking the following bills:
HB 1029: An Act to revise certain provisions regarding criminal background checks for adults working in child care institutions.
Sponsor: Department of Social Services
Committee Assignment: House Judiciary
Passed unanimously as amended in House Judiciary. Amendment clarifies institutions requiring criminal background checks (not to include daycares). Placed on consent calendar for House.
HB 1029 requires all adults working in child care institutions, including group homes, residential treatment centers, intensive residential treatment centers, or shelter care facilities, to receive a criminal background check prior to the issuance of a child welfare license for the institution.
HB 1043: An Act to require the DSS to collect and report certain information regarding the military affiliation of a parent whose child is subject to a report of abuse or neglect.
Sponsor: Representative Deutsch and Senator Stalzer
Committee Assignment: House Military and Veterans Affairs
Passed both Committee and House unanimously.
HB 1043 requires DSS to make an effort to determine the military statues of the parent of guardian whose child is subject to the report of child abuse or neglect. If the parent or guardian is determined to be in the military, the department shall notify the military family advocacy program of the allegations.
HB 1061: An Act to provide for a court order to test for HIV at the request of victims of certain crimes.
Sponsor: Representative Reed and Senator Schoenbeck
Committee Assignment: House Judiciary
HB 1061 allows a victim to request a court order to require an alleged defendant (adult or juvenile) to take an HIV test, if probably cause exists that the alleged defendant committed a forcible sex crime against the victim.
HB 1063: An Act to revise provisions regarding engaging in sexual activity for a fee or other compensation.
Sponsor: Representative Reed and Senator DiSanto
Committee Assignment: House Judiciary
HB 1063 amends the definition of a child in need of supervision to include a minor who engages in or offers to engage in sexual activity in exchange for a fee or other compensation. The bill also raises the age to be found guilty of a criminal prostitution from 16 to 18. Finally, the bill adds “or other compensation” to the definition criminal prostitution.
HB 1155: An Act to provide certain privileged communications between social workers and students.
Sponsor: Representative Borglum and Senator Solano
HB 1115 creates privileged communication between social workers employed at schools and students.
SB 8: An Act to provide for a statewide resource information system.
Sponsors: Senator Stalzer and Representative Hunhoff, at the request of the Access to mental health Services Study Committee
Committee Assignment: Senate State Affairs
Scheduled for hearing on 1/23/19 – CPCM will support; Amended in hearing and vote deferred until a fiscal impact statement is produced.
SB 8 requires the Department of Social Services to cooperate with and support each county in the development and maintenance of a centralized resource information system. This will support the implementation of 211 across the state of South Dakota.
SB 31: An Act to revise certain provisions regarding criminal background checks for assistant behavior analysts and paraprofessionals.
Sponsors: Department of Social Services
Committee Assignment: Senate Health and Human Services
Passed Senate Health and Human Services unanimously, placed on consent and passed Senate. Assigned to House Judiciary.
SB 31 eliminates the need for a national (FBI) criminal background check for assistant behavior analysts and paraprofessionals. These professionals will still require a criminal background check through the Division of Criminal Investigation.
SB 67: An Act to revise provisions regarding commitment of a child adjudicated as delinquent.
Sponsors: Senator Novstrup and Representative Perry
Committee Assignment: Senate Judiciary
SB 67 requires juvenile delinquents to pay restitution, a fine, and to require probation, amongst other things.
SB 107: An Act to revise provisions regarding rape .
Sponsors: Senator Nelson and Representative Frye-Mueller
Committee Assignment: Senate Judiciary
SB 107 adds a provision specifying that it is not an element of rape that the defendant knew or should have known the victims age or that the victim was incapable of given consent.
SB 136: An Act to provide for the utilization of telehealth by a health are professional.
Sponsors: Senator Curd and Representative Peterson
Committee Assignment: Senate Health and Human Services
SB 136 defines telehealth and provides regulations for telehealth services.
Upcoming Dates |
The full social calendar is provided by the SD Chamber of Commerce and Industry.
- February 6, 2019: SD School Age Care Alliance/ Afterschool Day at the Capitol
- February 19, 2019: Social Work Day at the Capitol
- February 20, 2019: SD Association of Youth Care Providers – social
- February 25, 2019: Early Childhood Day at the Capitol
- February 26, 2019: 25th Annual Disability Awareness Day at the Capitol
- February 26, 2019: SD Department of Tribal Relations Summit
Resources |
Bills: To view a full listing of the 2019 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 2019 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: 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.
Data: Information organized by each legislative district regarding demographic, housing, family and economic data are available on the SD KIDS COUNT website.