The South Dakota Legislature concluded its fourth week of session on February 2nd. Below are some of the notable bills currently being considered.
SENATE BILLS
• SB 46 changes the rules for South Dakota schools with regards to the use of restraint and seclusion. SB 46 requires the school to notify parents in the event of a restraint, prohibits prone restraints, and forbids schools to confine children involuntarily. SB 46 passed Senate Education 5-1 and passed the Senate floor 32-3.
• SB 84 prohibits any state agency from entering into a confidential settlement with a third party. All settlements requiring monetary damages or equitable relief shall be a matter of public record. SB 84 passed Senate Judiciary 5-2 and passed the Senate Floor 21-13.
• SB 105 allows a physician to administer a toxicology test on a newborn baby (neonate is the first 28 days of life) if the child exhibits symptoms of illness related to drug abuse. SB 105 includes a provision to exempt a healthcare provider from criminal and civil liability both if this test is administered and if in good faith the provider decides against performing a toxicology test. SB 105 passed Senate Health and Human Services 6-1 and passed the Senate Floor 33-2.
• SB 64 changes the penalties for trafficking a minor. Previously, the criminal penalty for attempted trafficking was less severe than if the trafficking was completed. However, since many human traffickers are caught in stings, which only allows a criminal charge for attempted trafficking, in that scenario the offender would receive half the prison sentence. SB 64 changes statute so that attempted trafficking and trafficking both receive the same criminal penalty. SB 64 passed both the Senate Judiciary Committee and the Senate floor unanimously.
• SB 79 would allow independents to sign nominating petitions for candidates. Current law only allows members of the candidate’s party to sign nominating petitions. This bill passed State Affairs with no opposing votes and it passed the Senate Floor 24-10.
HOUSE BILLS
• HB 1008 allows the Secretary of Transportation to set temporary variable speed limits in the state trunk highway system and interstates. The bill is meant to be used in cases of severe weather, road conditions, or road work. Violations of the temporary speed limit would be a class 2 misdemeanor. This bill passed the House Transportation committee 12-0 and passed the House Floor 52-16.
• HB 1093 Allows insurance policies to be printed in languages other than English. HB 1093 passed the House Commerce and Energy Committee 9-4 and passed the House Floor 57-11.
• HB 1073 protects free speech on South Dakota’s college campuses. HB 1073 prevents South Dakota’s public college campuses from limiting free speech as outlined in the first Amendment unless the speech involved includes a direct threat or other forms of lawless behavior. HB 1073 will be heard in the House Judiciary Committee Friday February 2nd.
• HB 1081 expands the sunset clause for the non-meandered waters compromise until 2021. This bill passed House State Affairs 11-1 and passed the House Floor 51-12. This bill will be heard in the Senate Agriculture and Natural Resource Committee later this week.
• HJR 1001 would change the current law regarding legislator pay and amend the Constitution to make it one fifth of median South Dakota pay. This resolution would submit the issue to the ballot for the voters to approve the change. This resolution passed out of House State Affairs 9-3 and passed the House floor as amended 38-26.
If you have any questions and/or comments on these bills or any other legislation, please email me at tom.pischke@sdlegislature.gov