2022 South Dakota Legislative Session Center for the Prevention of Child Maltreatment Week 1 Update – January 11-14, 2022
Legislative Notes
The 97th South Dakota Legislative Session began on Tuesday, January 11, 2022. SD Governor Kristi Noem presented her 4th State of the State address to a joint session of the State Legislature. Governor Noem applauded the work of the Department of Social Services in launching the Stronger Families Together campaign to recruit more foster and adoptive parents in South Dakota. Governor Noem also provided an update to the budget address highlighting South Dakota’s positive economic outlook including state general fund revenues that are $20.8 million above December budget estimates. Additional remarks included her intentions to launch a statewide behavioral health campaign, continue her emphasis on fighting meth and raise awareness of available resources. Her budget allows for creation of regional behavioral crisis centers.
South Dakota Chief Justice Steven R. Jensen provided his second State of the Judiciary address on Wednesday, January 12, 2022. He asked lawmakers for appropriations to complete needed security updates to courthouses. He alerted lawmakers to the need for more court reporters in South Dakota and he also reported that sexual harassment training will become mandatory for the Unified Judicial System.
The State of the Tribes address was given by Delbert Hopkins Jr., chairman of the Sisseton Wahpeton Oyate, on Thursday, January 13, 2022. He urged the state to work with tribes on transportation infrastructure that is preventing tribes from being more self-sufficient in food growth and energy production. He indicated a performance gap among Native youth could be closed if their education focused on their culture and language. He opened his speech with a moment of silence for Native people who died in the Covid-19 pandemic. Native people contracted Covid at 2.5 times that of non-Native populations.
The 2022 Legislative Session will run 37 days (four-day work weeks), ending on March 28, 2022.
Bills
As of Friday, January 14, 2022, 74 House Bills and 85 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
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 Department 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
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
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
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.
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
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 Department of Public Safety.
Committee Assignment: Senate Transportation
Scheduled for Hearing: 1/19/2022
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: 1/1§/2022. Motion to amend passed. Passed 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
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
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
SB 82 cleans up language regarding the admissibility of statements of a person with disabilities in criminal proceedings. CPCM will watch this bill.
Upcoming Dates:
January 20, 2022: Children’sDayat theCapitol
January 21, 2022: South Dakota Governor’s Prayer Breakfast
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.