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Senate Journal 1/17/2017 02:00 PM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION




FIFTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 17, 2017

    The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Fr. Ron Garry, followed by the Pledge of Allegiance led by Senate page Eli Pieper.

    Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the fourth day.

    All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

    And we hereby move the adoption of the report.

Respectfully submitted,
Brock L. Greenfield, Chair

    Which motion prevailed.
COMMUNICATIONS AND PETITIONS


December 29, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

RE:    Re-appointment of Kevin J. Krull to
    the Board of Pardons and Paroles

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of SDCL 24-13-1 and subject to your confirmation, the Court has reappointed Kevin J. Krull, an attorney from Sturgis, South Dakota, to the Board of Pardons and Parole. Accordingly, the Court requests that you submit said appointment to the Senate for consent during the next Legislative Session.

    We will await your advice as to the Senate's action with regard to this appointment. Thank you for your continued cooperation.

    This appointment is effective January 17, 2017, and shall continue until the third Monday in January, 2021.

Yours Truly,
Shirley A. Jameson-Fergel
Clerk of the Supreme Court

    The President announced the referral of the appointment to the Committee on Judiciary.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration the nomination of Tina Van Camp of Stanley County, Fort Pierre, South Dakota, to the South Dakota Building Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Kris Langer, Chair


Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Mary Anne Boyd of Yankton County, Yankton, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment and that said appointment be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Douglas Sharp of Codington County, Watertown, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment and that said appointment be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Scott A. Vance of Meade County, Faith, South Dakota, to the State Brand Board and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment and that said reappointment be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Gary D. Jensen of Pennington County, Rapid City, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment and that said reappointment be placed on the consent calendar.

Respectfully submitted,
Gary L. Cammack, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to the Joint Rules for the Ninety-second Legislative Session.

Respectfully submitted,
Arlene Kvislen, Chief Clerk


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 59 Introduced by: Senators White, Bolin, Cronin, Curd, Haverly, Jensen (Phil), Langer, Netherton, Partridge, Peters, Rusch, Soholt, Solano, Tidemann, and Wiik and Representatives Stevens, Chase, Glanzer, Johns, Kettwig, Lake, Mickelson, Peterson (Kent), Reed, and Steinhauer

    FOR AN ACT ENTITLED, An Act to clarify certain requirements relating to initiated measures.

    Was read the first time and referred to the Committee on State Affairs.

    SB 60 Introduced by: Senators Maher, Jensen (Phil), Langer, Solano, and Youngberg and Representatives Wollmann, Haggar, Hawley, Heinemann, Mickelson, Rounds, Willadsen, and Zikmund

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of consumers power district assets.

    Was read the first time and referred to the Committee on Commerce and Energy.

SECOND READING OF CONSENT CALENDAR ITEMS

    SB 37: FOR AN ACT ENTITLED, An Act to repeal and revise certain outdated provisions regarding liens.

    Was read the second time.

    The question being “Shall SB 37 pass?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.


    SB 38: FOR AN ACT ENTITLED, An Act to revise certain references to the Internal Revenue Code.

    Was read the second time.

    The question being “Shall SB 38 pass?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

    Sen. Kennedy moved that the Senate do now adjourn, which motion prevailed and at 2:27 p.m. the Senate adjourned.

Kay Johnson, Secretary

    Pursuant to the Joint-Select Committee Report found on page 14 of the Senate Journal, the following is the Honorable Robert Flying Hawk's State of the Tribes Address:

STATE OF THE TRIBES 2017
JANUARY 12, 2017
PIERRE, SOUTH DAKOTA
HONORABLE ROBERT FLYING HAWK
CHAIRMAN OF YANKTON SIOUX TRIBE

INTRODUCTION

As we begin our life, our day, there was and is feeling. Feeling in song, in words, in behavior. As we met our neighbors, friends, relatives, there was and is honor and understanding. The basic foundation of this life is a belief in that beginning. As we lived, we met a document - a treaty.

Tribes and the Federal Government ended up entering into numerous treaties. There were treaties that established important boundaries and rights to use the land; treaties that provided for education, agricultural support, and housing; treaties that promised protection and peaceful use of land. These are not unlike the agreements that you or I might enter into today concerning these same things.


TREATIES

It is important to understand the basic premise of the treaties are that the tribes retained land and sovereignty. These were not given to the tribes but the tribes expressly retained them in exchange for other things that were given up. This is an important concept because it should shape the contemporary discussion that tribes have with you as you legislate.

The treaties were also the foundation of the trust responsibility that we often discuss. This trust responsibility is what the federal government undertook when it entered into the treaties and some of that responsibility carries over when the states receive federal funding or undertake federal responsibilities. Some of the areas that fall within this trust responsibility are health care, education, and housing. These are four key issues that tribes are facing today.

HEALTH CARE

As elected leaders, we must ask ourselves whether IHS is meeting the needs of those it is designed to serve. I would say that there are some areas where we have seen vast improvement such as dental services. There are, however, areas where we, as the recipients of those services, believe IHS can be improved. I am talking specifically about referred care, quality and timeliness of care, and coordination of providers. We all know that there is no longer the appetite to continue to spend to fix the problems. Instead, together we must figure out a way for those budgeted funds to be spent more efficiently and effectively.

The role that I envision for the state is one of identifying ways to enhance IHS through efforts such as expansion of Medicaid which will require the assistance of federal partners. Creation of a health care exchange in South Dakota to provide health insurance for those that do not live near an IHS or for those that desire to purchase private insurance. Rural South Dakota suffers from some of the highest costs of health care by procedure and by prescription medicine. This affects all of us alike whether it is IHS, the Centers for Medicaid and Medicare, private insurance, or out of pocket that ultimately foots the bill. I think we all can think of someone we know that has foregone necessary care out of fear the costs will bankrupt their family. As elected leaders, we should not expect our citizens to have to make those decisions. As tribes, we are interested in discussing ways to lower these costs in rural areas and improve health care.

EDUCATION

Closely tied to health care is education. We know that a more educated person is generally a healthier person. We must ask ourselves, then, whether children are learning in school and whether they are happy.

When I was a young boy and about to attend school for the first time, my mother told me that when I was at school, that the teacher was my mom. I was to listen to my teacher just as I listened to my mom at home. This made me feel happy to have a mother at school and I did do my best to listen to my teacher.

Today, our school face tremendous challenges. There is a lack of qualified teachers and administrators, lack of housing for teachers, high turnover rates, shrinking budgets, reduced or eliminated extra-curricular activities, and sometimes school buildings are desperate need of repair. I challenge us to make our children a priority in our major decisions this year. It is something often said but perhaps not given enough thought but our children really are our

future. They are our future tribal leaders, state leaders, teachers, and so on. We cannot expect the children to magically turn into healthy and contributing adults, we must foster that education through all available means.

HOUSING

The lack of houses, particularly on reservations, often means multiple generations and families living under one roof. I believe this problem requires a multi-pronged approach. We need credit education, household budgeting information, homeownership education, and a hands-on approach to informing the public about housing programs and opportunities. I can guarantee you that going into debt for a mortgage is not an attractive option for most tribal citizens. The lack of job opportunities and stability often caution against taking on a mortgage. I would like to see more tribal citizens be homeowners. Taking care of a home that one owns greatly contributes to the overall well-being of the family including the children that we care so much about.

POVERTY

Poverty permeates each of the areas I already discussed. It is devastating for any family to face the challenges of poverty. I challenge us to work on addressing poverty. Besides aid programs, it is unclear whether there is an effort to address poverty. Let's begin those discussions and try to improve the realities of so many of our citizens.

UNITY

This past year tribes experienced unity in a way that perhaps was not there for some time on such a large scale. We do not know how the pipeline or pipelines will turn out but we can be sure that tribes are more unified than ever. We are becoming more sophisticated in lobbying our concerns to state and federal lawmakers, state and federal agencies, and non-governmental partners such as banks, businesses, and political parties. Whatever else might have come from the camps in North Dakota, they brought unity among the Great Plains tribes and among tribes across the country.

LOOKING FORWARD

I am looking forward to continued unity, a focus on family and education, and providing more opportunities for young people.

Thank you for the invitation to share a few thoughts today. I look forward to continued discussion and ideas between tribes and the state. Thank you! Wopida tanka!


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