86th Legislative Session _ 2011
Committee: Senate Health and Human Services
Monday, January 31, 2011
P - Present
E - Excused
A - Absent
Roll Call
P Hunhoff (Jean), Chair
P Holien
P Bradford
P Kraus, Vice-Chair
P Krebs
P Rave
P Schlekeway
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Jean Hunhoff, Chair.
MOTION: TO APPROVE THE MINUTES OF WEDNESDAY, JANUARY 26, 2011.
Moved by: Schlekeway
Second by: Rave
Action: Prevailed by voice vote.
MOTION: CONFIRM APPOINTMENT OF AMY IVERSEN-POLLREISZ OF HUGHES
COUNTY, PIERRE, SOUTH DAKOTA, TO THE POSITION OF INTERIM
SECRETARY OF THE DEPARTMENT OF HUMAN SERVICES.
Moved by: Kraus
Second by: Schlekeway
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Hunhoff (Jean), Holien, Bradford, Kraus, Krebs, Rave, Schlekeway
SB 22: provide for the regulation and licensure of birth centers.
Presented by: Doneen Hollingsworth, Department of Health (Handout: 1)
Proponents: Dave Hewett, SD Association of Healthcare Organizations
Debbie Pease, SD Safe Childbirth Options Inc
Dean Krogman, SD State Medical Association
Brittany Novotny, SD Nurses Association
Kristin Aschenbrenner, SDANW
Bob Stahl, Department of Health, Answered Questions
MOTION: DO PASS SB 22
Moved by: Schlekeway
Second by: Rave
Action: Prevailed by roll call vote. (6-1-0-0)
Voting Yes: Hunhoff (Jean), Bradford, Kraus, Krebs, Rave, Schlekeway
Voting No: Holien
SB 117: provide for certain restrictions for the use of tanning devices by minors.
Presented by: Senator Stanford Adelstein
Proponents: Dr. Warren Redmond, Self, Aberdeen (Teleconference)
Gene Burrish, Self, Sioux Falls (Handouts: 2, 3)
Dean Krogman, SD State Medical Association
David Hewett, SD Association of Healthcare Organizations
Brittany Novotny, SD Nurses Association
Opponents: Zach Neugebauer, Self, Sioux Falls (Handout: 4)
Pat Chadester, Self, Sioux Falls
Bob Riter Jr., Indoor Tanning Association
MOTION: DO PASS SB 117
Moved by: Kraus
Action: Died for lack of a second.
MOTION: DO PASS SB 117
Moved by: Bradford
Second by: Kraus
Action: Failed by roll call vote. (2-5-0-0)
Voting Yes: Bradford, Kraus
Voting No: Hunhoff (Jean), Holien, Krebs, Rave, Schlekeway
MOTION: DEFER SB 117 TO THE 41ST LEGISLATIVE DAY
Moved by: Rave
Second by: Holien
Action: Prevailed by roll call vote. (5-2-0-0)
Voting Yes: Hunhoff (Jean), Holien, Krebs, Rave, Schlekeway
Voting No: Bradford, Kraus
SB 118: expand medicaid eligibility for pregnant women and to provide an
appropriation therefor.
Presented by: Senator Stanford Adelstein
Proponents: Ann Wilson, Voices for Children, Sioux Falls
Greg Boris, South Dakota Voices for Children
Opponents: Kim Malsam-Rysdon, Department of Social Services
MOTION: DEFER SB 118 TO THE 41ST LEGISLATIVE DAY
Moved by: Rave
Second by: Krebs
Action: Prevailed by roll call vote. (6-1-0-0)
Voting Yes: Hunhoff (Jean), Holien, Kraus, Krebs, Rave, Schlekeway
Voting No: Bradford
SB 128: require the Commission of Human Rights to meet no less than annually.
Presented by: Senator Angie Buhl
Proponents: Mitch Richter, Equality South Dakota
Representative Bernie Hunhoff
Opponents: James Marsh, Department of Labor
MOTION: AMEND SB 128
128ja
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. That § 20-13-1 be amended to read as follows:
20-13-1. Terms used in this chapter mean:
(1) "Commission," the South Dakota State Commission of Human Rights;
(2) "Commissioner," a member of the commission;
(3) "Court," the circuit court in and for the judicial circuit of the State of South Dakota in
which the alleged unfair or discriminatory practice occurred;
(4) "Disability," a physical or mental impairment of a person resulting from disease, injury,
congenital condition of birth, or functional disorder which substantially limits one or more
of the person's major life functions; a record of having such an impairment; or being
regarded as having such an impairment which:
(a) For purposes of §§ 20-13-10 to 20-13-17, inclusive, is unrelated to an individual's
ability to perform the major duties of a particular job or position, or is unrelated to
an individual's qualifications for employment or promotion;
(b) For purposes of §§ 20-13-20 to 20-13-21.1, inclusive, is unrelated to an
individual's ability to acquire, rent or maintain property;
(c) For purposes of §§ 20-13-22 to 20-13-25, inclusive, is unrelated to an individual's
ability to utilize and benefit from educational opportunities, programs and facilities
at an educational institution.
This term does not include current illegal use of or addiction to marijuana as defined in
subdivision 22-42-1(7) or a controlled substance as defined in subdivision 22-42-1(1);
(5) "Educational institution," any public or private institution of education and includes an
academy, college, elementary or secondary school, extension course, kindergarten,
nursery, school system, and any business, nursing, professional, secretarial, technical, or
vocational school, and includes any agent of such institutions;
(6) "Employee," any person who performs services for any employer for compensation,
whether in the form of wages, salary, commission, or otherwise;
(7) "Employer," any person within the State of South Dakota who hires or employs any
employee, and any person wherever situated who hires or employs any employee whose
services are to be partially or wholly performed in the State of South Dakota;
(8) "Employment agency," any person regularly undertaking, with or without compensation,
to procure employees for an employer or to procure for employees opportunities to work
for an employer and includes any agent of such a person;
(9) "Familial status,"the relationship of individuals by birth, adoption, or guardianship who
are domiciled together;
(10) "Labor organization," includes any person, employee representation committee, plan in
which employees participate, or other organization which exists wholly or in part for the
purpose of dealing with employers concerning grievances, labor disputes, wages, rates of
pay, hours, or other terms or conditions of employment;
(11) "Person," includes one or more individuals, partnerships, associations, limited liability
companies, corporations, unincorporated organizations, mutual companies, joint stock
companies, trusts, agents, legal representatives, trustees, trustees in bankruptcy, receivers,
labor organizations, public bodies, public corporations, and the State of South Dakota,
and all political subdivisions and agencies thereof;
(12) "Public accommodations," any place, establishment, or facility of whatever kind, nature,
or class that caters or offers services, facilities, or goods to the general public for a fee,
charge, or gratuitously. Public accommodation does not mean any bona fide private club
or other place, establishment, or facility which is by its nature distinctly private, except
when such distinctly private place, establishment, or facility caters or offers services,
facilities, or goods to the general public for fee or charge or gratuitously, it shall be
deemed a public accommodation during such period of use;
(13) "Public service," any public facility, department, agency, board, or commission, owned,
operated, or managed by or on behalf of the State of South Dakota, any political
subdivision thereof, or any other public corporation;
(14) "Real estate broker" and "real estate salesman," real estate broker and real estate salesman
as defined by § 36-21A-6 or as licensed pursuant to § 36-21A-47;
(15) "Real property," any right, title, interest in or to the possession, ownership, enjoyment, or
occupancy of any parcel of land, any building situated thereon, or any portion of such
building;
(16) "Unfair or discriminatory practice," any act or attempted act which because of race, color,
creed, religion, sex, ancestry, disability, or national origin accords unequal treatment or
separation or segregation of any person, or denies, prevents, limits, or otherwise adversely
affects, or if accomplished would deny, prevent, limit, or otherwise adversely affect, the
benefit or enjoyment by any person of employment, labor union membership, housing
accommodations, property rights, education, public accommodations, and public services.
Section 2. That §§ 20-13-2 to 20-13-4, inclusive, be repealed.
Section 3. That § 20-13-5 be amended to read as follows:
20-13-5. The Division of Human Rights shall have the following powers and duties:
(1) To appoint and prescribe the duties of such investigators and agents as the division shall
deem necessary for the enforcement of this chapter.
(2) To hire any secretarial, investigative, or other assistance that may be necessary to
accomplish the
commission's division's purposes.
Section 4. That § 20-13-6 be repealed.
Section 5. That § 20-13-21.2 be amended to read as follows:
20-13-21.2. It is an unfair or discriminatory practice to design or construct any multifamily
dwellings with more than four units for sale, rent, lease, assignment, sublease, or transfer that do not
enable accessibility to ground-floor common areas and usability of ground-floor housing units by
disabled persons or by wheelchairs. If the building has elevators, all housing units and common areas
shall be usable by disabled persons and persons in wheelchairs. The accommodations may include
widened doors, lowered electrical switches and outlets, lowered environmental controls, grab bars
or reinforcements, kitchens and bathrooms usable by the disabled. Nothing in this law may be
construed to require prior approval of plans for construction by the Division of Human Rights or the
Commission of Human Rights.
Section 6. That § 20-13-22 be amended to read as follows:
20-13-22. It is an unfair or discriminatory practice for any educational institution:
(1) To discriminate in any manner in its full use or in its benefits, or in its services against any
individual because of race, color, creed, religion, sex, ancestry, disability, or national
origin.
(2) To include, expel, limit, or otherwise discriminate against any individual seeking
admission as a student, or an individual enrolled as a student because of race, color, creed,
religion, sex, ancestry, disability, or national origin.
(3) To make or use a written or oral inquiry, or form of application for admission that elicits
or attempts to elicit information, or to make or keep a record, concerning the race, color,
creed, religion, ancestry, disability, or national origin of an applicant for admission except
as may be permitted by regulations of the commission of human rights rules.
Segregation by sex of athletic activities offered by an educational institution does not constitute
discrimination on the basis of sex in violation of this chapter if the opportunity to participate in
athletic activities offered by the educational institution is substantially equal for both sexes.
This section does not apply to any bona fide religious institution which has a qualification based
on religion if such qualification is related to a bona fide religious purpose.
Section 7. That § 20-13-27 be amended to read as follows:
20-13-27. The commission division shall promulgate rules, pursuant to chapter 1-26, consistent
with and necessary for the enforcement of this chapter pertaining to:
(1) The administration of the division;
(2) Complaints, investigations, findings, answers and hearings, and orders;
(3) General commission division policies;
(4) Tests in employee selection; and
(5) Discrimination based upon sex, race, religion or creed, origin, ancestry, familial status,
or disability.
Section 8. That § 20-13-29 be amended to read as follows:
20-13-29. Any person claiming to be aggrieved by a discriminatory or unfair practice may file
with the Division of Human Rights a verified, written charge which shall state the name and address
of the person or agency alleged to have committed the discriminatory or unfair practice. The charge
shall set forth the facts upon which it is based, and shall contain any other information required by
the division. The Commission of Human Rights, a commissioner, aA state's attorney, or the attorney
general may file a charge.
Section 9. That § 20-13-32 be amended to read as follows:
20-13-32. After filing a verified charge, a true copy shall be served by registered or certified mail
to the person against whom the charge is filed. A
commissioner or a duly authorized Division of
Human Rights agent shall promptly investigate the charge. If the investigating official determines
that probable cause exists to support the allegations of the charge, the investigating official shall
immediately endeavor to eliminate the discriminatory or unfair practice by conference or
conciliation.
Section 10. That § 20-13-35 be amended to read as follows:
20-13-35. If the investigating official is satisfied that further endeavor to settle a charge by
conference or conciliation is futile, the official shall report the same to the Commission of Human
Rights. If the commission determines that the circumstances warrant, it the division shall issue a
written notice requiring the respondent to answer the charge at a hearing to be set within a reasonable
period of time before the commission, a commissioner, or any other person designated by the
commission to conduct the hearing, hereinafter referred to as hearing examiner, and at a time and
place to be specified in the notice. The notice shall include a statement informing the parties of their
right to transfer the matter to circuit court as provided in § 20-13-35.1.
Section 11. That § 20-13-35.1 be amended to read as follows:
20-13-35.1. No later than twenty days after the issuance of notice requiring the respondent to
answer the charge, the The charging party or the respondent may elect to have the claims asserted
in the charge decided in a civil action, in lieu of a hearing, under the provisions of this section.
Any civil action shall be filed within one year of such election. Upon receipt of notice of
election, the Division of Human Rights
or the Commission of Human Rights has no further
jurisdiction over the parties concerning the charge filed. The Division of Human Rights
or the
Commission of Human Rights shall notify the parties in writing
of the election and of the one year
limitation period in which to file a civil action. The limitation period in which to file a civil action
begins on the date of the notice of election. In a civil action, if the court or jury finds that an unfair
or discriminatory practice has occurred, it may award the charging party compensatory damages. The
court may grant as relief any injunctive order, including affirmative action, to effectuate the purpose
of this chapter. Punitive damages may be awarded under § 21-3-2 for a violation of §§ 20-13-20 to
20-13-21.2, inclusive, 20-13-23.4, 20-13-23.7, or 20-13-26. Attorneys' fees and costs may be
awarded to the prevailing party for housing matters.
Section 12. That § 20-13-36 be amended to read as follows:
20-13-36. The commission, any commissioner, or anyAny investigator, agent, or hearing
examiner appointed by the division is empowered to administer oaths, and take depositions as
provided by §§ 1-26-19.1 and 1-26-19.2.
Section 13. That §§ 20-13-37 to 20-13-39, inclusive, and §§ 20-13-41 to 20-13-52, inclusive, be
repealed."
Moved by: Kraus
Second by: Rave
Action: Was not acted on.
THE CHAIR DEFERRED SB 128 UNTIL WEDNESDAY, FEBRUARY 2, 2011.
MOTION: ADJOURN
Moved by: Schlekeway
Second by: Krebs
Action: Prevailed by voice vote.
Cindy Louder
____________________________
Committee Secretary
Jean M. Hunhoff, Chair
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