1142B 95th Legislative Session 906

2020 South Dakota Legislature

House Bill 1142

AMENDMENT 1142B FOR THE INTRODUCED BILL

Introduced by: Representative Cwach

This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor.

An Act to provide for a study of post-traumatic stress disorder among first responders.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

Post-traumatic stress disorder—Study committee.

A study committee is created for the purpose of examining issues related to post-traumatic stress disorder among first responders, during the period beginning July 1, 2020, and ending December 31, 2020. The committee must consist of:

(1) Three members of the Legislature, appointed by the Executive Board of the Legislative Research Council, provided two of the members are from the majority party and one member is from the minority party;

(2) The secretary of the department of public safety, or the secretary's designee;

(3) The secretary of the department of health, or the secretary's designee;

(4) One first responder appointed by the Governor from a list of three nominees submitted by the South Dakota Fire Chiefs Association;

(5) One first responder appointed by the Governor from a list of three nominees submitted by the South Dakota Police Chiefs Association;

(6) One individual appointed by the Governor from a list of three nominees submitted by the South Dakota Municipal League;

(7) One licensed psychologist appointed by the Governor from a list of three nominees submitted by the South Dakota Psychological Association, provided the individual has a specialty in post-traumatic stress disorder, has experience in law enforcement psychology, or has a background in law, criminology, or any other relevant specialty; and

(8) One individual appointed by the Governor from a list of three nominees submitted by the South Dakota Association of County Commissioners.

Any vacancy on the committee is to be filled in the same manner as the original appointment.

Section 2. That a NEW SECTION be added:

Post-traumatic stress disorder study—Content—Report--Funding.

The committee created in section 1 of this Act shall examine:

(1) The prevalence of post-traumatic stress disorder among first responders;

(2) The extent to which first responders' employment benefits provide health insurance coverage for the treatment of post-traumatic stress disorder;

(3) The extent to which the state, political subdivisions, and private sector employers provide services to first responders to address post-traumatic stress disorder, and the sufficiency of any existing services;

(4) The degree to which employers of first responders are able to reassign employees affected by post-traumatic stress disorder to less stressful positions, in order that they may continue employment while receiving mental health services;

(5) The difficulty in establishing that post-traumatic stress disorder is causally related to the line of employment;

(6) The cost to employers and taxpayers from creating a rebuttal presumption that post-traumatic stress disorder occurred as a result of service in the line of duty, and ways to mitigate such cost;

(7) The high rates of suicide among emergency responders and linkages of those rates to:

(a) Occupational stress;

(b) Exposure to emotional trauma;

(c) Medication;

(d) Substance abuse;

(e) Disciplinary action; and

(f) Interaction with the criminal and civil court system;

(8) State policies that increase the stress levels for or suicide rates of emergency responders; and

(9) Any other issues deemed relevant to the study.

The committee shall report any findings and recommendations, including any legislation necessary to implement the recommendations, to the Executive Board of the Legislative Research Council and the Governor, on or before December 1, 2020.

The committee shall be funded and staffed as an interim legislative committee.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.