2020 South Dakota Legislative Session

Center for the Prevention of Child Maltreatment

Week 3 Update – January 27-30, 2020

Legislative Notes

The third week of legislative session saw a flurry of activity as legislators submitted bills by the January 30, 2020, deadline for unlimited bill introduction. February 6, 2020, is the final day for individual bills. Several bills regarding domestic relations and parental control over children were introduced. CPCM will continue to monitor bills impacting the safety and wellbeing of children.

Once again, we are also faced with a significant number of placeholder bills. Placeholder bills are bills submitted by legislators without any content and which are designed to be amended through a hoghouse. A hoghouse amendment is the procedure occasionally used in the Legislature whereby a committee or a member from the floor will move to strike everything after the enacting clause of a bill and insert in lieu thereof the substance of an entirely new bill. Traditionally, approximately half a dozen placeholder bills would be submitted throughout session and used to allow legislators to continue to work through issues on a particular topic. At least 20 placeholder have been submitted to date, with one week remaining to submit bills for consideration.

The concern with placeholder bills and hoghouse amendments is that constituents and stakeholders do not have an opportunity to review the bill prior to a committee hearing and may not have adequate time to provide information and testimony on the contents of the bills. CPCM will continue to monitor placeholder bills; a list of current placeholder bills is found at the bottom of this report.

Bill reports are provided by the SD Legislative Research Council. To view bill reports for Hoghouse bills, as well as reports for fiscal note requests, bills withdrawn by the sponsor, and other reports, visit the SD Legislative Research Council website here.

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

Bills

As of Tuesday, February 4, 2020, 233 House Bills and 153 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

Summary: HB 1005 amends the definition of telehealth and the provision to prescribe medications via telehealth.

CPCM Position: Monitor

Status: Passed unanimously out of both committees and passed unanimously from floor of both House of Representatives and Senate. Signed by the Speaker of the House and President of Senate.

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

Sponsor: Office of the Governor

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

CPCM Position: Proponent

Status: Heard in House Judiciary committee on 1/24/20. A fiscal note was requested. Scheduled for hearing/ vote on 2/5/20.

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

Sponsor: Representative Deutsch and Senator Greenfield

Summary: 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.

CPCM Position: Monitor

Status: Heard in House State Affairs on 1/22/20. Amended in Committee. Amendments carved out additional exceptions to the bill. Passed House State Affairs (Yeas 8/ Nays 5). Passed floor of House (Yeas 46/ Nays 23). Assigned to Senate Health and Human Services. Scheduled for hearing on 2/10/20.

HB 1074: An act to revise certain provisions regarding the time that sexual assault kits be preserved.

Sponsor: Representative Reed and Senator Soholt

Summary: HB 1074 requires law enforcement to preserve the sexual assault kit for 7 years or until the victim turns 25, whichever is longer. Will be heard on 1/27/20 on House Judiciary committee.

CPCM Position: Monitor

Status: Heard in House Judiciary on 1/27/20. Passed unanimously from floor of House. Assigned to Senate Judiciary.

HB 1090: An act to make an appropriation to evaluate the feasibility of the use of telehealth services within the criminal justice system and to declare an emergency.

Sponsor: The Committee on Judiciary at the request of the Chief Justice

Summary: HB 1090 provides funding for certain mental health services to be available via telehealth in jails and correctional facilities.

CPCM Position: Monitor

Status: Referred to Joint Committee on Appropriations.

HB 1103: An act to authorize the forensic medical examination of certain minor victims without parental or guardian consent.

Sponsor: Representative Reed and Senator Schoenbeck

Summary: HB 1103 allows for sexual assault examination kits to be performed on a victim age 16-18, without the consent of parents.

CPCM Position: Monitor

Status: Referred to House Judiciary.

HB 1122: An act to require child abuse or neglect investigations upon the filing of truancy complaints.

Sponsor: Representative Cwach and Senator Kennedy

Summary: HB 1122 requires CPS to open a child abuse or neglect investigation upon receiving notice of truancy.

CPCM Position: Monitor

Status: Referred to House Judiciary.

HB 1128: An act to modify the penalty for causing a child to be present during methamphetamine use, distribution, or manufacture.

Sponsor: Representative Reed and Senator Schoenbeck

Summary: HB 1128 creates a class 4 felony for having a child under the age of 14 present where any person is distributing or making meth.

CPCM Position: Proponent

Status: NA

HB 1129: An act to authorize the provision of call location information to law enforcement agencies.

Sponsor: Representative Hammock and Senator Novstrup

Summary: HB 1129 requires telecommunication companies to release call information to law enforcement officers if the information is necessary to facilitate emergency services or will help prevent death or immediate harm to a person.

CPCM Position: Monitor

Status: NA

HB 1129: An act to authorize the provision of call location information to law enforcement agencies.

Sponsor: Representative Hammock and Senator Novstrup

CPCM Position: Monitor

Status: NA

HB 1133: An act to provide a rebuttable presumption in favor of joint physical custody of a minor child.

Sponsor: Representative St. John and Senator Blare

Summary: HB 1133 creates a rebuttable presumption that a court order joint physical custody of a minor child to both parents in a custody dispute.

CPCM Position: Monitor

Status: NA

HB 1148: An act to provide for protection orders.

Sponsor: Representative Pischke and Senator Jensen

Summary: HB 1148 requires, amongst other things, that a petition for protection order is accompanied by a police report.

CPCM Position: Monitor

Status: NA

HB 1162: An act to provide certain provisions regarding sex education in public schools.

Sponsor: Representative Randolph

Summary: HB 1162 requires parents to fill out a permission form prior to their children receiving sex education in public schools. The bill also creates content standards for abstinence education.

CPCM Position: Oppose

Status: Referred to House Education

HB 1163: An act to require parental permission and website posting of student survey instruments.

Sponsor: Representative Randolph

Summary: HB 1163 requires parents to fill out a permission form prior to their children taking surveys in school. The bill also requires the posting of the content of each survey to the school’s website.

CPCM Position: Oppose

Status: Referred to House Education

HB 1195: An act to establish certain fetal harm as an assault.

Sponsor: Representative Gosch and Senator Greenfield

Summary: HB 1195 states that a women using controlled substances while pregnant is committing an assault on the fetus. The bill also creates and affirmative defense to the charge if the woman enters into and completes treatment while pregnant.

CPCM Position: Monitor

Status: Referred to House State Affairs.

HB 1196: An act to authorize the revival of certain civil claims.

Sponsor: Representative Bordeaux

Summary: HB 1196 removes the statute of limitations for person over the age of 40 to recover damages from a person or entity responsible for the sexual abuse. The statute of limitations will now be 3 years after the injury occurs or the victim should have discovered the injury or condition caused by the sexual abuse. The bill provides for two years – until July 1, 2022 – for victims to recover under the prior statute of limitations.

CPCM Position: Monitor

Status: Referred to House Judiciary.

HB 1206: An act to revise certain provisions regarding the commitment of a delinquent child to the Department of Corrections.

Sponsor: Representative Jensen and Senator Steinhauer

Summary: HB 1206 adds the provision that a court may commit a child to DOC if the court determines there is a significant risk of recidivism and the child has been adjudicated for property damage exceeding $5,000 or a class 4 felony drug offense.

CPCM Position: Monitor

Status: Referred to House Judiciary.

HB 1210: An act to require parental notice of a social and emotional learning questionnaire regarding a student.

Sponsor: Representative Randolph

Summary: HB 1210 requires the school to provide parents with a blank questioner or similar document prior to utilizing said document to evaluate the child for social and emotional functioning, learning, or behavior of the student. The document may not become part of a child’s educational record without the parent signing and authorizing the document. The bill does not apply to special education or related services.

CPCM Position: Oppose

Status: Referred to House Education

HB 1211: An act to change the payment process for forensic medical examinations.

Sponsor: Representative Reed and Senator Smith

Summary: HB 1211 allows medical providers to request payment for the sexual assault evidence collection exam, unless it is an unreported kit. The county where the rape or assault occurred shall pay any remaining expenses.

CPCM Position: Monitor

Status: Referred to House Health and Human Services. Scheduled for hearing 2/6/20.

HB 1212: An act to add certain persons to the list of mandatory reporters of suspected child abuse or neglect.

Sponsor: Representative Healy and Senator Soholt

Summary: HB 1212 adds dental hygienists and clergy to the list of mandatory reporters.

CPCM Position: Proponent

Status: NA

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

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

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

CPCM Position: Monitor

Status: Referred to Senate Health and Human Services. Scheduled for hearing on 2/7/20.

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

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

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

CPCM Position: Monitor

Status: Referred to Senate Health and Human Services. Scheduled for hearing on 2/7/20.

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.

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

Summary: 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.

CPCM Position: Monitor

Status: Heard in Senate Health and Human Services and passed committee (Yeas 4, 0 Nays). As of 2/4/20, Senate floor has deferred to another day.

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

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

Summary: 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. Passed the floor of the Senate.

CPCM Position: Monitor

Status: Heard in Senate Judiciary on 1/16/2020 and passed committee as amended (Yeas 7, Nays 0). Passed unanimously from Senate floor and referred to House Judiciary.

SB 73: An Act to exempt certain persons from the requirement to publish name change.

Sponsor: Senator Monroe and Representative Goodwin

Summary: SB 73 allows a judge to grant an order changing the name of a person without publicizing the name change if the person is a victim of human trafficking, domestic abuse or child abuse. The judge may seal the record.

CPCM Position: Monitor

Status: Heard in Senate Judiciary on 1/30/2020 and passed as amended (Yeas 7, Nays 0). Placed on consent.

SB 78: An Act to increase funding for court appointed special advocates.

Sponsor: Senator Klumb and Representative Post

Summary: SB 78 increases the fine for certain crimes, which in turn raises funding for court appointed special advocates.

CPCM Position: Monitor

Status: Referred to Senate Judiciary.

SB 88: An Act to require parental notification of self-injurious behavior expressed during counseling sessions.

Sponsor: Senator Jensen and Representative Weis

Summary: SB 88 required certain school counselors and social workers to notify parents if a child identified as transgender or had other thoughts of harm.

CPCM Position: Monitor

Status: Referred to Senate education and tabled in committee (Yeas 6, Nays 0).

Placeholder Bills and Hoghouse Amendments

HB 1186: An act to revise certain education programs and promote efficiency in state government and to make an appropriation therefor.

Sponsor: Representative Karr

Summary: NA

HB 1187: An act to revise certain health care programs and make an appropriation therefor.

Sponsor: Representative Karr

Summary: NA

HB 1188: An act to revise certain programs regarding the Board of Regents and promote efficiency in state government and to make an appropriation therefor.

Sponsor: Representative Karr

Summary: NA

HB 1189: An act to revise certain provisions to enhance and promote South Dakota and to make an appropriation therefor.

Sponsor: Representative Karr

Summary: NA

HB 1190: An act to accommodate legislation regarding modifications of revenue reporting.

Sponsor: Representative Haugaard

Summary: NA

HB 1191: An act to revise certain provisions regarding legislative authority..

Sponsor: Representative Haugaard

Summary: NA

HB 1192: An act to accommodate legislation enhancing criminal justice.

Sponsor: Representative Haugaard

Summary: NA

HB 1193: An act to accommodate legislation enhancing health and human services.

Sponsor: Representative Haugaard

Summary: NA

HB 1220: An act to accommodate legislation enhancing education.

Sponsor: Representative Beal and Senator Bolin

Summary: NA

HB 1221: An act to accommodate legislation enhancing health care.

Sponsor: Representative Beal and Senator Bolin

Summary: NA

HB 1222: An act to accommodate legislation enhancing basic government services.

Sponsor: Representative Beal and Senator Bolin

Summary: NA

SB 105: An act to accommodate legislation enhancing education.

Sponsor: Senator Bolin and Representative Beal

Summary: NA

SB 106: An act to accommodate legislation enhancing education.

Sponsor: Senator Bolin and Representative Beal

Summary: NA

Status: Referred to Senate State Affairs and scheduled for hearing on 2/7/20.

SB 107: An act to accommodate legislation enhancing basic government services.

Sponsor: Senator Bolin and Representative Beal

Summary: NA

Status: Referred to Senate State Affairs and scheduled for hearing on 2/7/20.

SB 118: An act to revise certain educational programs and promote efficiency in state government and to make an appropriation therefor.

Sponsor: Senators Wilk and Maher

Summary: NA