The prayer was offered by the Chaplain, Rev. Valerie Hummel LaBounty, followed by the
Pledge of Allegiance led by Senate page Josie Sylte.
Roll Call: All members present.
MR. PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the fifth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The Committee on Transportation respectfully reports that it has had under consideration
SB 23, 41, and 42 and returns the same with the recommendation that said bills do pass and be
placed on the consent calendar.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 9 and 20 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 13 and returns the same with the recommendation that said bill be amended as follows:
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 5 which was deferred to the 41st Legislative Day.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 60 and returns the same with the recommendation that said bill do pass.
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 17 and returns the same with the recommendation that said bill do pass and
be placed on the consent calendar.
Also MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had under
consideration SB 32 and returns the same with the recommendation that said bill be amended
as follows:
"
I have the honor to transmit herewith HB 1001, 1003, 1004, and 1006 which have passed
the House and your favorable consideration is respectfully requested.
SCR 1: A CONCURRENT RESOLUTION, Honoring the memory and accomplishments
of President Grover Cleveland.
Sen. Bolin moved that SCR 1 as found on page 95 of the Senate Journal be adopted.
The question being on Sen. Bolin's motion that SCR 1 be adopted.
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 motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 1 was adopted.
Sen. Greenfield (Brock) moved that SB 3 be referred from the Committee on State Affairs
to the Senate Committee on Appropriations
Which motion prevailed.
Sen. Greenfield (Brock) moved that SB 4 be referred from the Committee on State Affairs
to the Senate Committee on Appropriations
Which motion prevailed.
Which motion prevailed.
Sen. Greenfield (Brock) moved that SB 74 be referred from the Committee on Judiciary
to the Committee on Health and Human Services.
Which motion prevailed.
Sen. Curd moved that the report of the Standing Committee on
Education on SB 66 as found on page 89 of the Senate Journal be adopted.
Which motion prevailed.
Sen. Curd moved that the report of the Joint-Select Committee relative to the Joint Rules
of the 93rd Legislative Session as found on page 91 of the Senate Journal be adopted.
The question being on Sen. Curd's motion that the report of the Joint-Select Committee
relative to the Joint Rules of the 93rd Legislative Session as found on page 91 of the
Senate Journal be adopted.
And the roll being called:
Yeas 23, Nays 12, Excused 0, Absent 0
Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Kennedy;
Klumb; Kolbeck; Maher; Nesiba; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt;
Solano; Tidemann; White; Youngberg
Nays:
Heinert; Jensen (Phil); Killer; Langer; Monroe; Nelson; Netherton; Russell; Stalzer; Sutton;
Tapio; Wiik
So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.
SB 79 Introduced by: Senators Otten (Ernie), Curd, Frerichs, Kennedy, Novstrup,
Partridge, and Tidemann and Representatives Stevens, Beal, Dennert, Heinemann, and Johns
FOR AN ACT ENTITLED, An Act to authorize for voters with no party affiliation to sign
nominating petitions for candidates with a party affiliation.
Was read the first time and referred to the Committee on State Affairs.
SB 80 Introduced by: Senators Bolin, Curd, Klumb, Monroe, Peters, Russell, Soholt,
Solano, and Stalzer and Representatives Brunner, Beal, Bordeaux, Campbell, Clark,
Frye-Mueller, Glanzer, Jensen (Kevin), Johns, Latterell, Peterson (Sue), Pischke, Schaefer,
Smith, Steinhauer, Stevens, Willadsen, and Zikmund
FOR AN ACT ENTITLED, An Act to establish term limits for members of the Board
of Regents.
Was read the first time and referred to the Committee on Education.
SB 81 Introduced by: The Committee on Appropriations at the request of the Office of the
Governor
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the building
South Dakota fund and the programs funded thereunder.
Was read the first time and referred to the Joint Committee on Appropriations
SJR 2 Introduced by: Senators Nelson, Greenfield (Brock), Haverly, Jensen (Phil), Maher,
Monroe, Netherton, Otten (Ernie), Russell, Stalzer, Tapio, and Youngberg and Representatives
Lesmeister, Brunner, Dennert, DiSanto, Goodwin, Gosch, Howard, Kaiser, Livermont, Marty,
May, Otten (Herman), Pischke, and Schoenfish
A JOINT RESOLUTION, Proposing and submitting to the electors at the next general
election an amendment to the Constitution of the State of South Dakota, relating to the militia
of the state.
Was read the first time and referred to the Committee on State Affairs.
HB 1001: FOR AN ACT ENTITLED, An Act to revise the membership of the Executive
Board of the Legislative Research Council.
Was read the first time and referred to the Committee on State Affairs.
HB 1003: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the
content of the campaign finance disclosure reports and to declare an emergency.
Was read the first time and referred to the Committee on State Affairs.
HB 1004: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
petition forms for initiated measures and initiated amendments to the Constitution.
Was read the first time and referred to the Committee on State Affairs.
HB 1006: FOR AN ACT ENTITLED, An Act to revise the extent of comments required
by the director of the Legislative Research Council regarding certain ballot measures and the
period of time in which those comments are to be made.
Was read the first time and referred to the Committee on State Affairs.
The Senate proceeded to the consideration of the executive reappointment of Kenneth D.
Albers of Lincoln County, Canton, South Dakota, to the Board of Pardons and Paroles.
The question being "Does the Senate advise and consent to the executive reappointment
of Kenneth D. Albers pursuant to the executive message as found on page 31 of the
Senate Journal?"
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
The Senate proceeded to the consideration of the executive reappointment of
Krista Heeren-Graber of Hutchinson County, Freeman, South Dakota, to the SD Interstate
Compact for Adult Offender Supervision.
The question being "Does the Senate advise and consent to the executive reappointment
of Krista Heeren-Graber pursuant to the executive message as found on page 28 of the
Senate Journal?"
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 question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
The Senate proceeded to the consideration of the judicial interim appointment of
Shannon Riter-Osborn of Pennington County, Rapid City, South Dakota, to the Board of
Pardons and Paroles.
The question being "Does the Senate advise and consent to the judicial interim
appointment of Shannon Riter-Osborn pursuant to the judicial message as found on page 29 of
the Senate Journal?"
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
The Senate proceeded to the consideration of the judicial reappointment of
Shannon Riter-Osborn of Pennington County, Rapid City, South Dakota, to the Board of
Pardons and Paroles.
The question being "Does the Senate advise and consent to the judicial reappointment of
Shannon Riter-Osborn pursuant to the judicial message as found on page 29 of the
Senate Journal?"
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 question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
SB 39: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding permitted
improvements on school and public lands.
Was read the second time.
The question being "Shall SB 39 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
SB 18: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
South Dakota Board of Technical Education.
Was read the second time.
The question being "Shall SB 18 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 26: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding public
grain buyers.
Was read the second time.
The question being "Shall SB 26 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
Sen. Kennedy moved that the Senate do now adjourn, which motion prevailed and at
3:14 p.m. the Senate adjourned.
My Relatives _ Good Afternoon -My Lakota name (Wicasa Tuwa Mani Igna Oyate) is
Man who walks among his people.
I am Boyd Gourneau, Chairman of the Kul Wicasa Oyate- the Lower Brule Sioux Tribe.
It is truly an honor to speak before you today. But the real honor for me is to be allowed
to serve our people as Chairman of the Lower Brule Sioux Tribe!!
I want to thank the Legislature for the honor to speak before you today thank
Lieutenant Governor Matt Michels for that nice introduction. I recognize that this is the
State of the Tribes Address but I would first like to touch on the state of our Tribe as it relates
greatly to the many other Tribes, all across Indian Country.
I would first like to commend Governor Daugaard for his continued efforts to support the
progress of State and Tribal Relations by allowing the Secretary of Tribal Relations to remain
a cabinet position. I also want to thank him and his staff for braving the reservation roads to visit
Lower Brule a few months back and discuss not only the problems that we face but to also share
a few success stories.
By far, our most successful endeavors pursued by our previous generations of leadership
are in the areas of agriculture. The Lower Brule Farm Corporation, who at times were the
world's largest single producer of popcorn and edible beans; consistently farming 8000 irrigated
and 5000 acres of dry land.
Arguably the most notable product of our agricultural endeavors is the Lakota Foods
Company and our famous Lakota Popcorn. In an effort to vertically integrate the popcorn we
grow and create jobs on the reservation, Lakota Foods established the local production of
microwaveable, ready to eat and bulk popcorn.
While most of our popcorn is sold and consumed every day here in America via the many
popcorn companies who purchase it through open market, we reserve some that is produced in
our local plant. At the time of our peak production, we were able to export to Bulgaria.
Although at the moment we are making financial and marketing changes, we are still producing
and selling bulk and 2 pound bags. We are vigilant in the success of this endeavor as lower bids
from South American countries have had a harsh affect on our exporting and production efforts.
We also have successful Wildlife Enterprise that manages the wildlife on our reservation,
engages in habitat restoration, produce's food plots and they also offer commercial and guided
hunting of game such as buffalo, elk and pheasant.
Aside from agriculture and wildlife we have our gaming and restaurant success story, the
Golden Buffalo Casino, which provides greatly needed local employment for our members.
Although as you can see, there are many success stories coming from Lower Brule, there
unfortunately has not been much media attention on stories like these. In fact, if you were to
Google "Lower Brule", you would most likely see headlines of the opposite storyline. The media
coverage of an un-substantiated report prompted various audits of some of our federally funded
programs.
The audits we've undergone have found that all funding was accounted for and there was
no federal dollars missing. However, less than one percent of total dollars looked into by the
auditors was deemed as disallowable. Recognizing that these were taxpayer dollars, as well as
being a tax payer myself, I sincerely apologize and assure you that our Tribe has since repaid
those funds. The audits have also uncovered weaknesses within our finance department and
have prompted a number of internal changes that will ensure that disallowable spending does
not occur again. Aside from weaknesses but an important point, it has made evident the
substantial amount of tribal dollars used to support federal shortfalls. This is a process utilized
by all Tribes in efforts to subsidize for the lack of federal funding to support our programs.
I only mention this dark time in our once reputable history because the report that spurred
all of the headlines about our reservation has recently been cited for justification of additional
funding to support a group of staff to be appointed to thoroughly look at other Tribes finance's
in Indian Country. I also mention this because to truly understand Lower Brule, I felt it
necessary to explain beyond the headlines that have bombarded our tribe in the recent years.
Now that I've spoke on the issues of our Tribe, I would like to now speak on a few of the
many issues that are relevant to the state of all Tribes in South Dakota.
I want to quickly speak on racism and the many stereotypes that our people occasionally
face. I want to be clear, we are all South Dakotans. Our state is rightfully named after the
original inhabitants of this area. The people on our reservations are farmers, ranchers, college
graduates, employees, tax payers, and simply put, your average South Dakotans. In my opinion,
some of the hardest working people in our state come from our reservations and surrounding
communities. While some of these communities provide a great example for improving relations
between our races, others can use some improvement.
I won't deny that there are a few people who still hold onto racial biases against the Native Americans in this state. To turn a blind eye to it, only supports the continuance of this kind of mentality. Subjecting your fellow South Dakotans and at times their children to racist
acts and comments is purely unacceptable, and detrimental to improving relationships and
achieving reconciliation between the Native and Non Native people in our great state.
Perhaps the most prevalent issue plaguing all reservations is meth use. I've seen personally
seen firsthand the destruction meth impacts people's lives. I will start by saying; it does not
discriminate and is not only found in reservation communities. If there was ever an issue that
the state and the tribes should band together on, it is to combat meth within our state. Rampant
meth use has exposed the severe lack of law enforcement, their facilities and funding. The influx
of meth related cases have overwhelmed our Tribal judicial systems and have uncovered a
severe lack of funding in those areas.
This issue has also made us aware that at least here in Lower Brule, our law enforcement
codes are severely outdated. This is an area that is vital when it comes to dealing with
perpetrators because if we were to get into MOUs and MOAs with other tribes and state
agencies, our code must meet or exceed their standards. As tribal leaders begin efforts to combat
meth use, I applaud Harold Frazier and the Cheyenne River Sioux Tribe on implementing the
traditional practice of banishment of individuals charged with a meth related crime.
Two other very pertinent topics in Indian Country are Healthcare and Medicaid Expansion.
I would like to quote a recent statement made by Senator Mike Rounds this past November:
"The Federal Government must live up to its trust and treaty responsibility to provide
quality healthcare to Native American citizens."
He also said, "I encourage all South Dakotans to also acknowledge the hardships they have
faced throughout history and those they continue to face today. The healthcare crisis at I.H.S. is
just one example or how the government has failed to follow through on its obligation to tribal
members; I will continue to fight to fix this problem."
I completely agree, and we as tribes, support Senator Round's request for an audit of the
Indian Health Service so we can work together to provide solutions to the lack of quality
healthcare our people deserve.
On the topic of Medicaid expansion, I humbly ask this Legislature follow Senator Rounds'
lead in improving Quality Health Care by expanding Medicaid in South Dakota. I encourage the
state, under Medicaid expansion to work directly with Tribes to increase their ability to provide
Medicaid services in order to achieve additional cost savings as well as a social return on that
investment. Working together, we can build the capacity of the tribes across the state to have
trained Medicaid billing personnel. A quality tribal healthcare workforce that is responsive to
our communities and increased Medicaid services being provided on tribal lands is attainable
through the collaboration of federal and tribal resources. We can work together to save the
State of South Dakota money and more importantly to SAVE the lives of our Native American
people.
Before exploring combined efforts against issues such as meth & healthcare, as well as the many issues I've failed to mention; the relationships between the tribes and state need to be improved upon and solidified with frequent and relevant conversations as well as actions beyond those conversations.
As we traveled in silence I remembered that the Governor and Chairman didn't always see
eye to eye but they had a profound mutual respect for one another. Then, out of the silence, in
a sorrowful tone, Michael said "you know, the Governor was really trying to do something for
our people." I had been fortunate to have met George Mickelson a few times, and on those
occasions Rolland Dolly who was on the plane that fateful day was usually with him. They had
reached out to our tribe and I vividly remember sitting in the meetings with them thinking that
the Governor was a big man. I was also thinking "this is Rolly Dolly the track star, a fellow
Lyman County resident who was considered to be one of the fastest guys in South Dakota at one
time." I was a lot younger and inexperienced then, I still am and I will be the first to admit that
I am still learning from other Tribal leaders, professionals, and from the youth and elders.
I have been most fortunate however, to have been influenced by leaders such as
Chairman Jandreau and Governor Mickelson.
The Governor had a profound vision of reconciliation and he proclaimed it. Sharing in his
vision of true reconciliation, I recently spoke at a memorial event with the "Dakota 38+2 Riders"
that starts in Lower Brule and ends in Mankato MN, which honors the historical significance
of the largest mass execution in US history. Being invited to this memorial gathering was
significant to me because if you look four generations prior to my father, there is a man named
"Wakin-ya-wa" (Little Thunder) whose name was listed as one of the 38+2 men who were
executed on December 26, 1862. The founder of this memorial ride stated that he dedicates the
ride to the true reconciliation of Indian and Non Indian people in our country. What struck me
about his message was we must forgive!! We don't necessarily have to forget, but in order to
reconcile we must forgive.
After proclaiming the year 1990 the "Year of Reconciliation" between Indian and
non-Indians in South Dakota, Governor Mickelson laid the foundation of what we now call
State and Tribal relations. In his proclamation he acknowledged two tragic historical events of
our people; the death of Sitting Bull and the Wounded Knee massacre which occurred in the
state's infancy. He encouraged both Indian and non- Indian people to lay aside our differences,
our mistrust and begin a process of mutual understanding that would continue to grow in the
next hundred years. Though it has only been nearly 30 years ago, his proclamation was a brave
and bold step at that time.
Since then there has been some shining examples of how state and tribal people can move
forward together. One would be the Mni Wiconi West River/Lyman Jones rural water project.
Another would be the Wakiya Initiative established by President Barry Dunn and his team at SDSU to encourage and promote higher education achievement among Native Americans in
our state. That's only to name a couple! We are all proud of the fact that Dr. Dunn is also a
member of the Rosebud Sioux Tribe.
Now if you were to ask me what I think about reconciliation, I would say to start; we can
use fair and accurate media coverage when it comes to Native Americans and our issues. I say
this because my first experience decades ago as the Governor began reconciliation efforts;
I fielded a call from a reporter asking for comment on this issue. I said something to the effect
of "Fostering an environment of mutual understanding; which starts with acknowledging our
peoples past and honoring our treaties would be a start." I did say what's done is done; I believe
reconciliation can be achieved if we can truly understand one another first. After forty minutes
on the phone, he only quoted me as saying "what's done is done, we can move on from here."
A comment taken out of context, understandably offended other tribal leaders. Of course I had
to explain the whole situation to Chairman Jandreau. What he said to me is a lesson I am
learning to this day. "I'm going to tell you something my nephew, when you say something it
isn't yours anymore. Especially when it comes to the press. There is power in the pen, they can
make you look good; or they can tear you down." No words have rang truer regarding the press
coverage of our reservation these past few years.
In closing I would encourage you to really take the time and read Governor Mickelson's
Proclamation; a document that that helped pave the way for true progress between Indian and
non- Indian relations in our great state. This Proclamation hung on the wall above
Chairman Jandreau's desk till his final day.
When it comes to State/Tribal relations there is a blueprint in that document. If we follow
this blueprint; only then we can truly engage in combined efforts as we move forward for all the
residents in our state.
Mitakuyape, my relatives "Remember we are in this together, we are all neighbors and in
the end we are all South Dakotans"!!!