94^th Legislative Session _ 2019

Committee: House Health and Human Services

Thursday, February 21, 2019

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Borglum
P    Deutsch
P    Frye-Mueller
P    Healy
P    Milstead
P    Miskimins
P    Perry
P    Rounds
P    Smith (Jamie)
P    St John
P    York
P    Wiese, Vice-Chair
P    Jensen (Kevin), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative K. Jensen.

MOTION:    TO APPROVE THE MINUTES OF FEBRUARY 19, 2019

Moved by:    Perry
Second by:    Healy
Action:    Prevailed by voice vote.

    HB 1085: revise certain programs to advance health care in South Dakota.

MOTION:    TO TABLE HB 1085

Moved by:    Rounds
Second by:    Perry

Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Borglum, Deutsch, Frye-Mueller, Healy, Milstead, Miskimins, Perry, Rounds, Smith (Jamie), St John, York, Wiese, Jensen (Kevin)

    HB 1170: revise certain healthcare programs and make an appropriation therefor.

MOTION:    TO TABLE HB 1170

Moved by:    Perry
Second by:    Rounds
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Borglum, Deutsch, Frye-Mueller, Healy, Milstead, Miskimins, Perry, Rounds, Smith (Jamie), St John, York, Wiese, Jensen (Kevin)

Representative K. Jensen announced that HB1231 was withdrawn by the sponsor.

    HB 1253: provide funding for advertising that addresses the negative aspects of gambling.

Presented by:    Representative John Mills (Handout(s): #1, 2)
Proponents:    Matt Walz, Keystone Treatment Center
        Representative Steven Haugaard
        Marilyn Van Zanten, self, Sioux Falls
        Cindy Flakoll, Concerned Women for America Legislative Action Committee
        Norman Woods, Family Heritage Alliance Action
Opponents:    Steven Kohler, Bureau of Finance and Management
        Matt Krogman, SD Licensed Beverage Dealer and Gaming Association
        Bill Van Camp, South Dakota Retailers
        Larry Mann, M.G. Oil
        Robert C. Riter, Music and Vending Association of South Dakota

MOTION: AMEND HB 1253

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. That chapter 42-7A be amended by adding a NEW SECTION to read:

There is created in the state treasury the video lottery repeal and recovery fund. The fund consists of all moneys deposited into the fund in accordance with § 42-7A-63, together with any interest or

other earnings of the fund. Except as otherwise required in section 4 of this Act, moneys in the fund may not be expended until the playing of video lottery machines in this state is prohibited.

Section 2. That § 42-7A-63 be amended to read:

42-7A-63. The commission shall maximize revenues to the state from video lottery. The state's percentage of net machine income ~~shall be fifty~~ is fifty-five percent. ~~The~~ Beginning July 1, 2020, the state's percentage of net machine income is sixty percent. Beginning July 1, 2021, the state's percentage of net machine income is sixty-five percent.

One-half of one percent of the state's ~~percentage of~~ net machine income shall be ~~directly~~ deposited to into the video lottery operating fund. The remainder of the state's net machine income shall be deposited into the general fund, except ~~for one-half of one percent of net machine income authorized for deposit into the video lottery operating fund~~ that:

(1) During the twelve month period beginning July 1, 2019, the amount deposited into the general fund in accordance with this section may not exceed one hundred twenty-one million four hundred eighty-five thousand one hundred nine dollars; and

(2) During the twelve month period beginning July 1, 2020, and during each twelve month period thereafter, the amount deposited into the general fund in accordance with this section may not exceed ninety-five percent of the amount deposited into the general fund in accordance with this section during the preceding twelve month period.

Any amount in excess of that authorized for deposit into the general fund in subdivisions (1) and (2) shall be deposited into the video lottery repeal and recovery fund.

Section 3. That chapter 42-7A be amended by adding a NEW SECTION to read:

The South Dakota Lottery shall, in each annual report, provide an accounting of the dollars expended to directly or indirectly market, promote, or otherwise advertise video lottery. The report shall specify the dollars expended for such advertising within the various media, including in brochures, on the internet, in magazines, in newspapers, on the radio, and on television, as well as in any other miscellaneous categories.

Section 4. That chapter 42-7A be amended by adding a NEW SECTION to read:

The Department of Social Services shall annually purchase informational advertisements that:

(1) Are directed at the general public;

(2) Portray the negative impacts of compulsive gambling; and

(3) Appear, during the period from February fifteenth to May first, inclusive, in various media, including in brochures, on the internet, in magazines, in newspapers, on the radio, and on television, as well as in any other miscellaneous categories.

The moneys to support the expenditure required by this section shall be appropriated by the Legislature through the General Appropriations Act from amounts available in the video lottery repeal and recovery fund."

Moved by:    Rounds
Second by:    Wiese
Action:    Prevailed by voice vote.

MOTION:    DEFER HB 1253 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Rounds
Second by:    Healy
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION DO PASS HB 1253 AS AMENDED

Moved by:    Wiese
Second by:    Deutsch
Action:    Failed by roll call vote. (3-10-0-0)

Voting Yes:    Deutsch, Milstead, Wiese

Voting No:    Borglum, Frye-Mueller, Healy, Miskimins, Perry, Rounds, Smith (Jamie), St John, York, Jensen (Kevin)

MOTION: DEFER HB 1253 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Rounds
Second by:    Healy
Action:    Prevailed by roll call vote. (10-3-0-0)

Voting Yes:    Borglum, Frye-Mueller, Healy, Miskimins, Perry, Rounds, Smith (Jamie), St John, York, Jensen (Kevin)

Voting No:    Deutsch, Milstead, Wiese

    HB 1225: establish a determinant in identifying a student's sexual identity for the purpose of participation in high school athletics.

Presented by:    Representative Lee Qualm (Handout(s): #3)
Proponents:    Linda Schauer, Concerned Women for America
        Chris Motz, SD Catholic Conference
        Senator Jim Bolin
        Senator Phil Jensen
Opponents:    Dan Swartos, South Dakota High School Activities Association (Handout(s): #5)
        Dianna Miller, Large School Group
        Roger Tellinghuisen, Human Rights Campaign (Handout(s): #6)
Others:    Libby Skarin, American Civil Liberties Union
        Lindsey Riter - Rapp, South Dakota High School Activities Association

MOTION: AMEND HB 1225

On page 1, line 6, of the printed bill, delete "sole".

On page 1, line 6, delete everything after "student's" and insert "eligibility to play on any team segregated by sex shall be based on the sex of the student as".

On page 1, line 7, delete "sexual identity" and insert "sex".

On page 1, line 8, delete "sexual identity" and insert "sex".

Moved by:    Rounds
Second by:    Perry
Action:    Prevailed by voice vote.

Representative K. Jensen announced that the House Health and Human Services Committee would recess until 15 minutes following session today.

Representative K. Jensen called the House Health and Human Services Committee back to order at 5:30PM.

Reopened to committee questions in regard to HB1225.

MOTION:    DEFER HB 1225 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Borglum
Second by:    Healy
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION DO PASS HB 1225

Moved by:    Deutsch
Second by:    Frye-Mueller
Action:    Failed by roll call vote. (6-6-1-0)

Voting Yes:    Deutsch, Frye-Mueller, Milstead, Perry, Wiese, Jensen (Kevin)

Voting No:    Borglum, Healy, Miskimins, Rounds, St John, York

Excused:    Smith (Jamie)

MOTION:    SUBSTITUTE MOTION WITHOUT RECOMMENDATION HB 1225

Moved by:    Rounds
Second by:    Frye-Mueller
Action:    Prevailed by roll call vote. (8-4-1-0)

Voting Yes:    Deutsch, Frye-Mueller, Milstead, Miskimins, Perry, York, Wiese, Jensen (Kevin)

Voting No:    Borglum, Healy, Rounds, St John

Excused:    Smith (Jamie)

    HB 1028: revise certain provisions regarding professional counselors and marriage and family therapists.

Presented by:    Jennifer Stalley, Board of Examiners of Counselors
Proponents:    Terrance Lee Dosch, South Dakota Council of Community Behavioral Health
        Tammy Lias, self, Sioux Falls

MOTION: AMEND THE PENDING AMENDMENT

On the previously adopted amendment (1028bd), delete Section 50.

On the previously adopted amendment (1028bd), in Section 51, on the first line of the first paragraph, delete "50" and insert "49".

Moved by: Rounds
Second by: Perry

Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1028 AS AMENDED

Moved by:    Borglum
Second by:    Perry
Action:    Failed by roll call vote. (6-6-1-0)

Voting Yes:    Borglum, Deutsch, Miskimins, Perry, Rounds, York

Voting No:    Frye-Mueller, Healy, Milstead, St John, Wiese, Jensen (Kevin)

Excused:    Smith (Jamie)

MOTION:    WITHOUT RECOMMENDATION HB 1028

Moved by:    Perry
Second by:    Miskimins
Action:    Prevailed by roll call vote. (11-1-1-0)

Voting Yes:    Borglum, Deutsch, Frye-Mueller, Healy, Milstead, Miskimins, Perry, Rounds, St John, York, Wiese

Voting No:    Jensen (Kevin)

Excused:    Smith (Jamie)

MOTION:    ADJOURN

Moved by:    Deutsch
Second by:    Perry
Action:    Prevailed by voice vote.

Pam Kean

____________________________

Committee Secretary

Kevin D. Jensen, Chair

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