The amendment redirects the study away from examining firearm background check systems and gun ownership restrictions to focus instead on the role, authority, and training of county boards of mental illness and how they coordinate with involuntary commitment processes. This fundamentally shifts the bill from a gun policy measure to a mental health governance study.
26.981.15 26.981.16 101st Legislative Session HCR6015 2026 South Dakota Legislature House Concurrent Resolution 6015 HOUSE JUDICIARY ENGROSSED Introduced by: Representative Muckey Underscores indicate new language. Overstrikes indicate deleted language. A CONCURRENT RESOLUTION encouraging the Executive Board of the Legislative 1 Research Council to form an interim legislative committee to study options the role 2 and function of county boards of mental illness. 3 WHEREAS, under statute, county boards of mental illness have jurisdiction over 4 applications or petitions for expanding state involvement in involuntary commitment, for the national instant criminal background 3 check system. 4 WHEREAS, treatment of involuntarily 5 committed individuals, and for the Second Amendment to the U.S. Constitution provides that the right safekeeping of the 5 people to keep and bear arms shall not be infringed; involuntarily committed individuals; and 6 WHEREAS, under statute, county boards of mental illness must provide certain information 7 regarding involuntary commitments to the exercise of Attorney General for transmittal to the Second Amendment occurs in a society where certain 7 individuals struggle with various mental illnesses that challenge their safety and that of their National 8 fellow citizens; Instant Criminal Background Check System; and 9 WHEREAS, the best way to ensure the rights, safety, and security of all citizens is through 10 the identification and implementation of pro-active and collaborative problem-solving 11 measures that can be exercised through legal, public health, and public safety systems; 12 NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the One Hundred 13 First Legislature of the State of South Dakota, the Senate concurring therein, that the 14 Executive Board of the Legislative Research Council be encouraged to form an interim 15 legislative committee to study options for expanding state involvement in the role of county boards of mental illness, the nature and 16 scope of the boards’ authority, the efficacy of existing statutory frameworks governing the 17 voluntary and involuntary commitment processes, and how those existing frameworks can 18 beneficially intersect with the information transmittals potentially available through the 19 national instant 16 criminal background check system, with a view to better identifying individuals with mental 17 health issues who seek to own or possess firearms; system; and 18 20 BE IT FURTHER RESOLVED, that the study address due process rights vis-à-vis expanded 19 reporting training available to individuals who 21 serve on county boards of mental health and opportunities for the national instant criminal background check system, including a clear 20 identification standardization of incidences that must trigger reports, together with adequate documentation, 21 verification, compliance requirements, correction requirements, and data maintenance and such 22 security; training; and 23 26.981.15 26.981.16 2 HCR6015 Underscores indicate new language. Overstrikes indicate deleted language. BE IT FURTHER RESOLVED, that the study address the standardization of public and 1 private sector training for those who must provide information to the national instant criminal 2 background check system and those who must access the information, together with clearly 3 identified standards; and 4 BE IT FURTHER RESOLVED, that the study examine the role of county mental health 5 boards, the nature and scope of the boards' authority, the efficacy of existing statutory 6 frameworks governing the voluntary and involuntary commitment processes, and how those 7 existing frameworks can beneficially intersect with the informational transfers potentially 8 available through the national instant criminal background check system; and 9 BE IT FURTHER RESOLVED, that the study involve the perspectives of the Office of the 10 1 Attorney General, the Unified Judicial System, mental health boards, behavioral health 11 2 providers, law enforcement, and retail merchants, sheriffs, and that at the conclusion of the study, 12 any findings and 3 recommendations for future legislative action be presented to the Executive 13 Board. 14 4