Chapter 160

(House Bill 1064)

An Act to make an appropriation for and the establishment of peer support and critical incident stress management training for first responder organizations, and to declare an emergency.

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

Section 1. That a NEW SECTION be added:

34-55-1. Heroes wellness grant.

The Office of the Attorney General shall establish and administer the heroes wellness grant. Funds shall be expended as appropriated by the Legislature.

Section 2. That a NEW SECTION be added:

34-55-2. Grant--Oversight--Purposes.

All moneys for the heroes wellness grant shall be used and expended under the direction of the attorney general. The attorney general shall provide grants to eligible applicants for the purpose of creating, establishing, and developing first responder peer support programs and first responder critical incident stress management programs within the state. Grants shall be provided for training programs that are, or are similar to those, developed by the International Critical Incident Stress Foundation, Inc. First responders, whether volunteer or professional, include any member of a:

(1) Law enforcement organization;

(2) Fire suppression organization;

(3) Emergency medical service, including emergency medical technicians and paramedics; and

(4) An organization providing emergency dispatch services to any organization listed in this section.

Section 3. That a NEW SECTION be added:

34-55-3. Application--Review--Criteria--Promulgation of rules.

An applicant shall submit an application to the attorney general on a form prescribed by the attorney general. The attorney general shall, by rules promulgated pursuant to chapter 1-26, develop administrative procedures regarding the application and grant award process including any scoring system to be used to evaluate or rank applications. The attorney general shall act as fiscal agent for the grant and shall be responsible for receiving and reviewing grant applications and awarding grants under this chapter. The attorney general shall give consideration to regions within the state that may have more significant need.

At least thirty days before the first day applications may be submitted each fiscal year, the attorney general shall publish on the office's website the specific criteria and any scoring system used to evaluate or rank applications and award grants under this chapter. The attorney general shall also post any unserved or underserved areas that are eligible for grant funding.

Section 4. That a NEW SECTION be added:

34-55-4. Application--Contents.

An applicant for a grant under this chapter shall provide the following information on the application:

(1) The location of the project;

(2) The proposed training;

(3) The number of personnel to be trained;

(4) The total cost of the training and associated expenses; and

(5) Any additional information requested by the attorney general.

Section 5. That a NEW SECTION be added:

34-55-5. Grant funds--Use.

Grant funds may be used for:

(1) Costs and expenses associated with hosting and coordinating an eligible training;

(2) Per diem for food and lodging, at the rate established under § 3-9-2, for each full day a person provides or participates in a training funded under this grant; and

(3) Mileage, at the rate established under § 3-9-1, to and from the training for each person that provides or participates in a training funded under this grant.

Section 6. There is hereby appropriated from the general fund the sum of $200,000, to the Office of the Attorney General, as an irrevocable gift, to create an endowment to be called the South Dakota Heroes Wellness endowment with the South Dakota Community Foundation. The endowment shall be subject to a gift agreement between the Office of the Attorney General and the South Dakota Community Foundation and administered by the Office of the Attorney General.

Section 7. The funds appropriated in section 6 of this Act shall be transferred to the South Dakota Community Foundation to fund the South Dakota Heroes Wellness endowment. Any distributable income from this endowment fund shall be deposited into the Office of the Attorney General's Law Enforcement Officer Training fund.

Section 8. There is hereby appropriated from the general fund the sum of $50,000 to the Office of the Attorney General, for the heroes wellness grant and administrative expenses.

Section 9. Any amounts appropriated in this Act not lawfully expended or obligated shall revert, in accordance with the procedures prescribed in chapter 4-8.

Section 10. The attorney general shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 11. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

Signed March 25, 2021

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

Overstrikes indicate deleted language.