Latest news with #BrianMulder
Yahoo
28-02-2025
- Politics
- Yahoo
Lawmakers approve rollback of South Dakota's uniquely severe drug ingestion penalties
State Rep. Brian Mulder, R-Sioux Falls, speaks on the South Dakota House floor on Jan. 22, 2025. (Makenzie Huber/South Dakota Searchlight) The future of South Dakota's drug ingestion law — often described as the most severe in the nation — is in the hands of Republican Gov. Larry Rhoden. The House of Representatives voted 37-33 on Thursday at the Capitol in Pierre to pass a bill that would, with Rhoden's signature, reduce the use of controlled substances from a felony to a misdemeanor for the first two offenses. The state is the only one in the nation with a law that allows a failed drug test for a felony-level narcotic to serve as the basis for a prison sentence. Marijuana ingestion is always a misdemeanor. Under Senate Bill 83, all other forms of ingestion would become a misdemeanor until the third offense. State House will vote on future of South Dakota's felony ingestion law A Rhoden spokeswoman told South Dakota Searchlight that he will consider the bill 'once it reaches his desk.' The governor previously signaled a willingness to consider alternative approaches to criminal justice. 'My philosophy is that the best way to fight crime is to hire more officers, not to increase penalties,' Rhoden told a joint session of the state House and Senate last month. 'Increasing penalties just means we have to build even more prisons.' The latter point hearkens to a yearslong debate over how best to deal with overcrowding in the state's correctional facilities. A bill to fund construction of a 1,500-bed, $825 million men's prison in Lincoln County has failed to earn lawmaker support in the face of opposition from its neighbors, its hefty price tag and concerns about its size. On the day the House opted to send him the ingestion change proposal, Rhoden inked an executive order to create a working group he hopes will find 'a path forward' for a prison or prisons. Critics of the state's ingestion law, who've tried to repeal or otherwise adjust its severity nearly every year since 2019, argue that the law stigmatizes addiction and makes the problem worse. Ingestion also contributes to the state's prison population, they say, and saddles users with felonies that make it harder to find jobs, get housing and stay sober. 'If you have ever loved somebody who has been trapped in that cycle of substance use, you can understand how them being charged with a felony is not going to help them get better,' said Rep. Kadyn Wittman, D-Sioux Falls. 'It is not going to help them find rehabilitation. If anything, it leads to further shame and demonization.' Rep. Brian Mulder, R-Sioux Falls, was the bill's prime sponsor in the House. Sen. Tamara Grove, R-Lower Brule, introduced the bill in the Senate. 'Treated like a criminal': Native woman's death sparks questions Mulder has pushed for restrictions on marijuana-like products made from delta-8 THC, as well as on an intoxicating substance called kratom and on foreign-made nicotine vape products. He talked about his passion for those issues during the debate on ingestion, but said 'I work in addiction treatment,' and 'what we are doing is not working.' Mulder is the managing director of Volunteers of America-Dakotas. 'We cannot continue to do the same thing and expect different results,' Mulder said. The existing law's backers argue that drugs in the hand and drugs in the system are one in the same and ought to be treated as such. 'We need to make a powerful statement today from the South Dakota House of Representatives that drugs are dangerous to the public, to their health and to their safety,' said Rep. Mary Fitzgerald, R-Spearfish. 'Voting for this bill and decriminalizing drug use will send a mixed message to our children.' Those charged with ingestion typically get several chances to complete treatment and probation before they go to prison, the existing law's backers say. The law can also help prosecutors secure convictions via plea deal in cases where a user has more serious charges. But Rep. Liz May, R-Kyle, was among several lawmakers to say that the current approach has done little to move the needle toward rehabilitation. Lawmakers have created nine new felonies this session alone, she said, instead of spending money on rehabilitation. 'If you keep putting felonies on the books, we're going to have to build another prison,' May said. 'So I would strongly encourage everybody: Get this off the books. Let's try something different.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
27-02-2025
- Politics
- Yahoo
Bill reducing drug ingestion charge goes to House
SIOUX FALLS, S.D. (KELO) – South Dakota lawmakers were split on deciding whether to reduce the penalty for drug ingestion from a felony to a misdemeanor during a Wednesday hearing. After a motion to pass the bill failed 8-5 and a motion to send the bill to the 41st Day ended in a 7-7 tie, the House Judiciary Committee sent Senate Bill 83 to the House floor with no recommendation in a 10-3 vote. SD DOC announces release of high-risk offender 'No recommendation' means the House will have to take a vote on whether to add SB 83 to the debate calendar. If the bill's backers win that vote, then SB 83 can be debated. If the calendaring vote is lost, the bill is dead. SB 83 would change the penalty for ingesting a controlled substance from a Class 6 felony to a Class 1 misdemeanor with a 'rigorous' rehabilitation program, according to prime sponsor Republican Rep. Brian Mulder. 'We cannot expect to continue to do the same thing and get different results,' Mulder said. 'We know the trouble we're having with our prison crowd and what's taking place in South Dakota.' Under SB 83, a person's first violation is a misdemeanor. They would be required to complete a drug and alcohol evaluation and supervised probation programs. A second violation is also a misdemeanor, but they may be sentenced for up to a year in jail on top of the evaluation and treatment programs. A third or subsequent violation is a Class 6 felony. Supporters for the bill say under the current law, a Class 6 felony on a first offense leaves little room for treatment and rehabilitation, clogs up the prison system and prevents offenders from getting a license or voting. 'A person makes a dumb mistake, does something stupid, and they're saddled with a felony for the rest of their life,' said Steve Siegel with the South Dakota Trial Lawyers Association. 'They can't vote, can't own a firearm, can't get a good job. This bill has teeth. It would still be a crime.' Opponents, however, are worried that with a reduced charge and without the threat of jailtime, offenders may be less likely to appear for court dates or treatment. Street racing ban passes House Transportation 'We're going to get people that don't show up,' Stanley County State's Attorney Tom Maher said. 'They're not going to be motivated to receive the benefits of the treatment and to use the skills that they can receive through these probationary efforts to avoid that worse result. You've got to have consequences.' South Dakota Attorney General Marty Jackley said people rarely get felon charges or put into the state penitentiary for their first offense. He also said it is unlikely that someone would only get an ingestion charge and not other charges like possession, distribution or a DUI. Others opposed are worried this bill would decriminalize drugs, which in states like Oregon, led to higher drug usage. 'We have a number of off-ramps for people to follow through on their road to recovery and to succeed in life,' Republican Rep. David Kull said. 'By reducing this to a Class 1 misdemeanor, I do look at it as a bit of a move towards decriminalization.' Both sides of the issue did seem to agree that treatment programs are necessary for controlled substance offenders and sentencing practices– especially to keep the prison population under control– need to be reevaluated. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
11-02-2025
- Health
- Yahoo
Legislative committee endorses ban on medical debt reporting to credit scoring agencies
State Rep. Brian Mulder, R-Sioux Falls, speaks on the South Dakota House floor on Jan. 22, 2025. (Makenzie Huber/South Dakota Searchlight) Debt collectors would be prohibited from reporting medical debts to credit scoring agencies under legislation endorsed by a legislative committee Tuesday at the South Dakota Capitol in Pierre. About 18% of South Dakota adults have medical debt, which is the highest percentage in the nation and twice the national average, according to the national health advocacy group KFF. Health care systems send overdue medical bills to debt collectors, which currently can share that information with credit scoring agencies. Lenders reference credit scores to rate a person's likelihood of paying a loan back on time. Medical debt is commonly disputed and is often 'thrust upon' families after emergency situations, said Rep. Brian Mulder, R-Sioux Falls, who introduced House Bill 1058. 'When you have a low credit score and this compounding debt, it just makes it harder in every other aspect,' Mulder said, 'whether you're looking for housing, even renting, or you're looking for a car to get to work.' Health care systems would still be able to send medical bills to collection agencies, Mulder said. Time Rave, executive director of South Dakota Association of Healthcare Organizations — which represents hospitals, health systems and post-acute care providers across South Dakota — told lawmakers the organization 'doesn't have a position' on the bill. Several health advocacy groups supported the legislation, including advocates for South Dakota's elderly, disabled and tribal populations. A representative for the Rosebud Sioux Tribe told lawmakers that tribal members are often hounded by collection agencies when they are referred to a non-Indian Health Service provider and the provider does not receive timely reimbursement from the federal government. Opponents included business and banking advocacy organizations. Karl Adam, president of the South Dakota Bankers Association, said the bill would disadvantage people with other debts, such as home mortgages, auto loans, student loans and credit card debt. He also said lenders couldn't paint a 'full and accurate picture' of a person's financial assessment without medical debt. Lawmakers on the House Health and Human Services Committee voted 9-4 to pass the bill onto the House floor. Sioux Falls Republican Rep. Taylor Rehfeldt endorsed the bill, although she was concerned about accountability. 'The responsibility to pay for bills lies on the person, and if it does not lie on the patient, ultimately, it becomes all of our responsibilities to pay,' Rehfeldt said. An accompanying medical debt bill introduced by Mulder that would prohibit hospitals from sending medical debt to a collector unless certain conditions were met was shot down by the committee in a 10-3 vote. Representatives for Avera, Sanford and Monument health care systems and the South Dakota Association of Healthcare Organizations opposed the bill, saying the legislation was too vague and potentially costly. They also said health care systems already have policies and processes in place to connect patients to financial assistance before sending medical debt to collection agencies.
Yahoo
06-02-2025
- Business
- Yahoo
Bill to regulate vape products heads to House floor
SIOUX FALLS S.D. (KELO) — A bill that would seek to regulate vapor products in the state has passed through the House Health and Human Services committee. House Bill 1069 would require a person to secure a vapor product distributor license prior to selling vapor products in the state for resale. In a vote of 7-5 HB1069 passed and now heads to the floor. Senate panel moves to cap school administrator pay If the bill were to pass prior to selling or offering to sell vapor products in state, a vapor product distributor would have to obtain a certification by the manufacturer of the vapor product. A person would also have to register with the Department of Revenue prior to selling vapor products at retail. If a person owns or operates more than one place that sells products at retail, the person must secure a separate registration for each place of business selling vapor products. Prior to selling or offering to sell vapor products in this state, a vapor product distributor shall obtain a certification by the manufacturer of the vapor product stating that the distributor has applied with the United States Food and Drug Administration for a premarket tobacco product application for the vapor product and the application was accepted for filing, and the application remains under review by the United States Food and Drug Administration. A manufacturer who provides any misrepresentation or false statement in any certification pursuant to this section is guilty of a Class 1 misdemeanor. A vapor product in this state that does not meet the certification requirements would be and any person in possession of a contraband vapor product shall ensure it is disposed of. Any vapor product distributor in the state selling, offering to sell, or distributing vapor products that do not meet the certification requirements of this act is guilty of a class 2 misdemeanor. Republican Rep. Brian Mulder said the bill seeks to go after illegal's products and would seek to clean up the vaping industry and clear it of illegal products. 'What we are asking for is retailers to register, distributors to file a $100 fee, the retailers should work with those distributors to say hey make sure I'm getting legal products,' Mulder said. 'We do not want the Chinese products and we have no idea what's in them.' Sam Madson, a lobbyist with the South Dakota Petroleum and Propane Marketers Association, said he represents gas stations in the states and they want to make sure they are selling legal products. 'We do not want to endanger customers by selling them vape products that are illegal from our stores and secondly we want to ensure that what we are purchasing from our distributors is legal,' Madson said. 'We are already doing this with cigarette and other tobacco products.' Speaking in opposition to the bill was South Dakota Retailers for Better Alternatives. Jordan Mason said the bill proposes unconstitutional restrictions, devastates small businesses, and threatens public health. 'HB 1069 destroys small businesses, the industry supports hundreds of jobs and millions in economic activity in South Dakota and this bill hands the market to big tobacco,' Mason said. 'This is a business protection plan for big tobacco at the expense of small businesses and public health.' Vice President of South Dakota Retailers for Better Businesses, Kurt Kadlik said manufactures in other states have sued the FDA over their PMTA process in the past. 'It proposes that the state uses their scares resources to enforce a failed FDA regulatory scheme, declared illegal by courts to shut down hundreds of South Dakota businesses,' Kadlik said. ' The vape industry contributes over $74 million to the South Dakota economy, provides 429 jobs, $27 million in wages and $6.1 million in state and local taxes. Our members cannot survive if 99% of their products are banned.' Republican Rep. Taylor Rehfeldt asked what exactly are we making illegal and how many products are there actually being sold that are from China and are the products that are legal coming from China? Mulder responded to the question saying there would still be numerous legal products available the bill is about getting illegal products off of the shelf. 'We'll build that registry here in South Dakota with the Department of Revenue. We wanna know those products. What would you like to sell? Has it been applied for with the FDA? It fits these categories. The illegal products are those from China and we hear,' Mulder said. 'Those are the legal products that we're trying to limit in this market.' Mason responded saying if this bill passed it would give big tobacco a huge control over the market in South Dakota. 'The reality is out of 26 million applications, 23 were actually approved and they're all owned by Big Tobacco, so that is the current FDA PMTA process,' said Mason. Kevin Quick, owner of Down Ohm Vapors, said the bill only hurts smaller companies that serve South Dakota. 'It's kind of a complicated question so there any type of disposable device like this comes from China,' Quick said. 'What this bill really cuts out is the small businesses that sell the e-juices in the mods and the things like that that are American companies.' Yes votes – Reimer, Halverson, Andera, Kayser, Schaefbauer, Heinemann, Mulder No votes – Rehfeldt, Baxter, Jordan, Garcia, Manhart, Excused – Emery Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
04-02-2025
- Health
- Yahoo
Physician assistants try again for independence
PIERRE, S.D. (KELO) — Physician assistants are once again asking the South Dakota Legislature to be able to practice freely on their own without being required that they have physician supervision. 24-year-old man arrested for homicide House Bill 1071 would give them that independence. The House Health and Human Services Committee endorsed HB 1071 on Tuesday by a 9-3 vote. The full House of Representatives could vote on the proposal as early as Wednesday afternoon. This is the fourth time in five years that the state lawmakers have addressed the issue. Previous attempts saw similar bills fail in 2021, 2022 and 2023. The South Dakota State Medical Association has consistently opposed the legislation. That was true again Tuesday. 'It's unsafe and it potentially opens us up to risks down the road,' Dr. Jennifer Tinguely of Sioux Falls, the SDSMA president, told the committee. She pointed out that physician assistants would be required to have 2,080 hours of experience, while physicians have 12,000 hour or more. Republican Rep. Brian Mulder, the bill's prime sponsor, countered that South Dakota law allows nurse practitioners to be independent and physician assistants should be, too. 'This is a step in the right direction,' he said. The legislation would no longer require the physician assistant to be an agent of the sponsoring physician. Instead, the legislation would let a physician assistant perform a 19-point list of services, including routine clinical office surgical procedures. 'When you look up surgical services, that's a pretty broad range,' Republican Rep. Rebecca Reimer said. Dr. Dan Heinemann, chief medical officer for Sanford Health, agreed. 'That's the issue right there – it's broad,' Heinemann said. 'That's our concern.' Republican Rep. Brandei Schaefbauer asked physician assistant Kayla Frank of Sioux Falls which surgical procedures she performs. Frank said she serves on a care team and that she defers most surgical procedures to others on the team, but, she continued, physician assistants can perform surgeries such as removing skin tags and moles and suturing. Republican Rep. Jim Halverson said his sister was one of the first physician assistants in South Dakota. He said Dr. Robert Hayes, after returning from service in Vietnam, started the training program for physician assistants in South Dakota during the early 1970s. According to Halverson, it was Hayes' vision that physician assistants would provide medical care to South Dakota's underserved rural areas. Republican Rep. Josephine Garcia, a physician, said the situation was 'unfortunate.' 'I think it's not about the patient, it's about money,' Garcia said. She said insurance premiums wouldn't drop if the legislation passed but there be more use of emergency rooms from misdiagnosis by PAs. 'Our job,' Gibson said, 'is to protect the safety of those communities.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
