SB 38 (2021): relative to the organization of alternative treatment centers.
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@misc{bill-2021-sb38, title = {SB 38 (2021): relative to the organization of alternative treatment centers.}, howpublished = {Granite Record}, url = {https://graniterecord.org/bill/2021/sb38}, note = {Accessed 24 Oct. 2026} }
SB 38 (2021)
relative to the organization of alternative treatment centers.
- Status: Vetoed, override failed
- Term: 2021-2022
- House committee: Commerce and Consumer Affairs
- Senate committee: Commerce
- Subject: Public and Mental Health
The Story
It was introduced on January 6, 2021 and referred to the Senate Commerce committee. The committee recommended that the Senate pass it. On February 4, 2021 the Senate voted to send it back to committee, on a motion by Sen. Bradley. The committee voted unanimously, 5–0, to recommend that the Senate pass it with changes (amendment 2021-0281s), and the report was placed on the consent calendar. The committee's amendment (2021-0281s) was adopted on a roll call 18–6 on February 18, 2021, changing the text of the bill. On February 18, 2021 the Senate voted to pass it with changes and ordered it to a third reading. It crossed to the House on February 25, 2021 and was referred to the House Commerce and Consumer Affairs committee. The committee met in executive session on May 13, 2021 to vote on its recommendation. The committee voted 11–8 to recommend that the House pass it, and the report was placed on the regular calendar. On June 3, 2021 the House voted to pass it on a voice vote. On June 3, 2021 the House failed “Reconsider” on a division vote 114–257, on a motion by Rep. Homola. The bill was enrolled on June 24, 2021 — the final check of the text before it goes to the governor — and an enrolled bill amendment (2021-2044e) was adopted on a voice vote to correct technical errors found after passage. On June 24, 2021 the Senate voted 19–5 to override the governor's veto on a roll call, meeting the two thirds threshold. The governor vetoed it on July 13, 2021. The legislature can override a veto with a two-thirds vote in both chambers. On January 5, 2022 the House voted 228–115 on overriding the governor's veto on a roll call, and the veto was sustained, failing to meet the two thirds threshold.
Sponsors
- Sen. Kevin Avard (R - SD12) (prime sponsor)
- Sen. Jeb Bradley (R - SD3)
- Sen. Kevin Cavanaugh (D - SD16)
- Sen. David Watters (D - SD4)
- Sen. Ruth Ward (R - SD8)
- Rep. Carol McGuire (R - Merr 29)
- Rep. Jess Edwards (R - Rock 4)
Hearings and Sessions
- January 19, 2021, 9:50 AM: hearing, Senate Commerce
- March 24, 2021, 9:45 AM: public hearing, House Commerce and Consumer Affairs
- May 13, 2021, 10:00 AM: executive session, House Commerce and Consumer Affairs
Votes
- February 4, 2021, Senate: Rereferred — yeas 24, nays 0, passed
- February 18, 2021, Senate: Committee Amendment 0281s — yeas 18, nays 6, passed
- February 18, 2021, Senate: Ought to Pass with Amendment — yeas 18, nays 6, passed
- June 3, 2021, House: Ought to Pass — voice vote, passed
- June 3, 2021, House: Reconsider — yeas 114, nays 257, failed
- June 24, 2021, Senate: Veto Override — yeas 19, nays 5, passed
- January 5, 2022, House: Veto Override — yeas 228, nays 115, failed
The Docket
- January 6, 2021: Introduced 01/06/2021 and Referred to Commerce
- January 13, 2021: Remote Hearing: 01/19/2021, 09:50 am; Links to join the hearing can be found in the Senate Calendar
- February 4, 2021: Committee Report: Ought to Pass, 02/04/2021
- February 4, 2021: Sen. Bradley Moved to Rerefer to Committee, RC 24Y-0N, MA; 02/04/2021
- February 18, 2021: Committee Report: Ought to Pass with Amendment #2021-0281s , 02/18/2021; Vote 5-0; CC
- February 18, 2021: Sen. Giuda Moved to Remove SB 38 from the Consent Calendar; 02/18/2021
- February 18, 2021: Committee Amendment #2021-0281s , RC 18Y-6N, AA; 02/18/2021
- February 18, 2021: Ought to Pass with Amendment 2021-0281s, RC 18Y-6N, MA; OT3rdg; 02/18/2021
- February 25, 2021: Introduced (in recess of) 02/25/2021 and referred to Commerce and Consumer Affairs
- March 24, 2021: Public Hearing: 03/24/2021 09:45 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/97709851457 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened
- May 13, 2021: Executive Session: 05/13/2021 10:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/93883325643
- May 25, 2021: Committee Report: Ought to Pass (Vote 11-8; RC)
- June 3, 2021: Ought to Pass : MA VV 06/03/2021
- June 3, 2021: Reconsider (Rep. Homola): MF DV 114-257 06/03/2021
- June 24, 2021: Enrolled Bill Amendment #2021-2044e : AA VV (in recess of) 06/24/2021
- June 24, 2021: Enrolled Bill Amendment #2021-2044e Adopted, VV, (In recess of 06/24/2021)
- June 24, 2021: Enrolled (in recess of) 06/24/2021
- June 24, 2021: Enrolled Adopted, VV, (In recess 06/24/2021)
- June 24, 2021: Notwithstanding the Governor's Veto, Shall SB 38 Become Law: RC 19Y-5N, Veto Overridden by necessary two-thirds vote; 06/24/2021
- July 13, 2021: Vetoed by Governor 07/13/2021
- January 5, 2022: Veto Sustained 01/05/2022: RC 228-115 Lacking Necessary Two-Thirds Vote
Laws It Would Change
Related Bills
- HB 1345 (2020): relative to the organization of alternative treatment centers.
- SB 145 (2019): relative to the organization of alternative treatment centers.
- HB 1345 (2020): relative to the organization of alternative treatment centers.
- SB 145 (2019): relative to the organization of alternative treatment centers.
- HB 54-FN (2026): allowing alternative treatment centers to operate for-profit.
- SB 479-FN (2026): allowing alternative treatment centers to operate for profit.