Wednesday, the South Dakota House voted 66-0 to mandate that coaches report child abuse or neglect, but only after emotional debate and amendments narrowed the bill’s scope.
House Bill 1187, sponsored by Rep. Mary Fitzgerald, R-Spearfish, passed unanimously on final reading after lawmakers rejected her attempt to restore broader language that would have covered all coaches, whether in school programs or private leagues.
“This bill is about protecting children, period,” Fitzgerald said during floor debate. “If volunteers really want what’s best for all kids, and not just their kid, then they won’t shy away from volunteering to coach because of this bill.”
The bill as passed applies only to coaches involved in school activities, not travel sports or recreational leagues. An amendment by Rep. Drew Peterson, R-Salem, expanded coverage beyond the House Judiciary Committee’s version. It had limited mandatory reporting to high school activities sanctioned coaches only. Peterson’s amendment broadened coverage to all school activities, including elementary sports.
“This amendment seems to broaden it a little bit within a focused range,” Peterson said. “If it’s a fifth grade basketball team they would also now be mandatory reporters.”
Fitzgerald’s Amendment 1187C, which would have required all coaches to report suspected abuse regardless of setting, failed on a voice vote after debate about the scope of the requirement.
“Ask yourself, is it reasonable to say we only protect certain kids in certain situations?” Fitzgerald said. “All kids should be protected.”
Rep. Amber Arlint, R-Sioux Falls, opposed the broader amendment but supported the underlying bill.
“I do believe that this amendment makes this bill too broad,” Arlint said. “I think the form that this came down from committee, with a very clear definition, does have this bill in a better and a more enforceable place.”
Rep. Peri Pourier, R-Rapid City, argued passionately for the broader protection.
“Do we want to protect the minimum amount of children, or do we want to protect the maximum amount of children?” Pourier said. “This athletic world is not like when we were growing up. There are all kinds of leagues, there’s traveling teams, it’s a whole other world.”
Rep. John Hughes, R-Sioux Falls, said the committee amended the original bill because the term “coach” was too vague for a criminal statute.
“The word coach could apply to so many different categories: junior achievement, debate coach, counselor, just a support person,” Hughes said. “We just didn’t know how that was going to be applied because this is a criminal statute. Criminal statutes are strictly construed.”
Under current South Dakota law, mandatory reporters include physicians, teachers, law enforcement officers, social workers and others who must report suspected child abuse or face Class 1 misdemeanor charges. Pourier noted that mandatory reporter training is available free online through the Department of Social Services website and takes 44 minutes to complete.
“Not a burden. Free. 44 minutes,” Pourier said. “You could also go through this training on your phone.”
The bill will now move to the Senate for consideration.
