JOURNAL OF THE SENATE

NINETY-FOURTH SESSION

THIRTY-THIRD DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, March 4, 2019

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

The prayer was offered by the Chaplain, Pastor Seth LaBounty, followed by the Pledge of Allegiance led by Senate page James Lees.

Roll Call: All members present except Sens. Foster and Wiik who were excused.

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 thirty-second 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.

The oath of office was administered by the President to the following named pages:

Britta Hervi, James Lees, Thomina Niles, Matthias Olsen, Claire Rydberg, Kennedy Tesch, and Lauren Wittler.

Which was subscribed to and placed on file in the office of the Secretary of State.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SCR 13 and returns the same with the recommendation that said resolution do pass and be placed on the consent calendar.

Respectfully submitted,
Ernie Otten, Chair

MR. PRESIDENT:

The Senate Committee on Appropriations respectfully reports that it has had under consideration HB 1251, 1259, and 1261 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Senate Committee on Appropriations respectfully reports that it has had under consideration HB 1186 and returns the same with the recommendation that said bill be amended as follows:

1186wd

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

" Section 1. That § 26-8D-25 be repealed.

26-8D-25. Sections 26-8D-21 to 26-8D-24, inclusive, are repealed on June 30, 2019, and any remaining moneys in the juvenile justice detention cost-sharing fund shall be transferred to the general fund. "

1186wta

On page 1, line 1, of the House engrossed bill, delete everything after "Act to" and insert "repeal the termination of the juvenile detention cost-sharing fund.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Senate Committee on Appropriations respectfully reports that it has had under consideration HJR 1003 which was tabled.

Respectfully submitted,
Justin Cronin, Vice-Chair

The President Pro Tem appointed Sen. Schoenbeck to replace Sen. Ewing and Sen. Nesiba to replace Sen. Heinert to the Senate Committee on State Affairs for Monday, March 4^th,
the 33^rd Legislative Day. Sen. Klumb served as Chair and Sen. Langer served as Vice-Chair.

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1093 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration
HB 1189 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Joshua Klumb, Chair

MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1180 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1250 and returns the same with the recommendation that said bill be amended as follows:

1250bd

On the House Health and Human Services Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That the code be amended by adding a NEW SECTION to read:

Terms used in sections 2 through 50 of this Act mean:

(1) "Board," the Board of Examiners for Counselors and Marriage and Family Therapists;

(2) "Counselor educator," a professional counselor engaged primarily in developing, implementing, and supervising the educational preparation of professional counselors;

(3) "Counseling," the diagnosis and treatment of mental illness or mental and emotional disorders; individual, group, and marriage and family counseling, and psychotherapy; assessment; crisis intervention; counseling and consulting to facilitate normal growth and development; psychoeducational techniques aimed at the prevention of mental and emotional disorders; consultations with individuals, couples, families, groups, organizations, and communities; and clinical research;

(4) "Counseling treatment interventions," the application of cognitive, affective, behavioral, and systemic counseling strategies that include principles of development, wellness, and pathology, implemented in the context of a professional counseling relationship;

(5) "Doctoral or master's degree in counseling," completion of study following a bachelor's degree in a clearly identified counseling program that stands as a recognizable organizational entity within an approved accredited institution of higher learning;

(6) "Licensee," a person who holds a license to practice counseling;

(7) "Postgraduate supervision," a period of supervision following the completion of a master's or doctoral degree; and

(8) "Practice of professional counseling," the application of mental health, psychological, and human development principles in order to:

(a) Facilitate human development and adjustment throughout the life span;

(b) Prevent, diagnose, and treat mental, emotional, or behavioral disorders and associated distresses, which interfere with mental health;

(d) Develop, implement, and evaluate treatment plans using counseling treatment interventions.

Section 2. That the code be amended by adding a NEW SECTION to read:

The board consists of nine members appointed by the Governor. Five members shall be professionals actively engaged in professional counseling or marriage and family therapy and be representative of the various disciplines governed by the board. One member shall be a

current or retired counselor educator. Three members shall be individuals who are not licensed to practice in a discipline governed by the board.

Section 3. That the code be amended by adding a NEW SECTION to read:

The term of office for each board member is three years and begins on October thirty-first. No member of the board may serve for more than three consecutive full terms. If a person is appointed to fill a vacancy, that service is not counted as a term for purposes of this section.

Section 4. That the code be amended by adding a NEW SECTION to read:

The Governor may remove a board member for cause. The Governor shall appoint a new member to serve out an unexpired term in the case of a vacancy for any reason.

Section 5. That the code be amended by adding a NEW SECTION to read:

The board shall meet at least annually, at the time and place designated by the president or by a majority of the board. A majority of the board's members constitutes a quorum for the transaction of business.

Section 6. That the code be amended by adding a NEW SECTION to read:

The board shall annually elect a president and a vice-president from among its members.

Section 7. That the code be amended by adding a NEW SECTION to read:

Each board member shall receive per diem compensation as provided for in § 4-7-10.4 and expense reimbursement at the same rate as state employees, while engaged in official duties.

Section 8. That the code be amended by adding a NEW SECTION to read:

The board, its members, and its agents are immune from personal liability for actions taken in good faith in the discharge of the board's duties. The state shall hold the board, its members, and its agents harmless from all costs, damages, and attorney fees arising from claims and suits against them with respect to matters to which this immunity applies.

Section 9. That the code be amended by adding a NEW SECTION to read:

The board exists within the Department of Social Services. The board shall exercise all of its prescribed functions, including its administrative functions.

The board shall provide records, information, and reports to the Secretary of the Department of Social Services, at the time and in the manner requested by the secretary.

Section 10. That the code be amended by adding a NEW SECTION to read:

The board shall forward all moneys received under this Act to the state treasurer for deposit in the Board of Examiners for Counselors and Marriage and Family Therapists fund in the state

treasury. Moneys in the account are appropriated on a continuing basis to the board for the purpose of carrying out this Act. Any expenditures shall be paid on warrants drawn by the state auditor and approved by the board or by an officer of the board. The total expenses may not exceed the total moneys collected by the board under this Act.

For purposes of this Act, the board may accept gifts, grants, and donations.

Section 11. That the code be amended by adding a NEW SECTION to read:

The board has the following powers and duties:

(1) Administer, coordinate, and enforce the provisions of this Act;

(2) Establish educational, training, examination, and competency standards for professional counselors and licensees under this Act;

(3) Establish standards for the safe and qualified practice of counseling and marriage and family therapy;

(4) Evaluate the qualifications of applicants for licensure and issue and renew licenses and permits;

(5) Establish standards and responsibilities for post-graduate board approved supervision for candidates for licensure;

(6) Adopt ethical standards for the practice of counseling and marriage and family therapy;

(7) Establish competency standards and responsibilities for post-graduate board approved supervisors;

(8) Maintain the names of persons that meet the qualifications for a license or permit;

(9) Conduct all disciplinary proceedings;

(10) Maintain a record of each complaint received by the board;

(11) Establish reasonable requirements regarding reentry into practice of inactive practitioners and the reinstatement of previously licensed practitioners;

(12) Establish continuing education and continuing competency requirements for licensees and permit holders under this Act and the procedures for verifying compliance with the established requirements;

(13) Establish standards for the practice of distance counseling and distance marriage and family therapy;

(14) Communicate license and permit actions and status to relevant state and federal governing bodies, as required by law, or as the board determines is appropriate; and

(15) Employ personnel in accordance with the needs and budget of the board, and enter into contracts as necessary to carry out its responsibilities under this Act.

Section 12. That the code be amended by adding a NEW SECTION to read:

The board may promulgate rules, pursuant to chapter 1-26, to set standards for professional practice and establish procedures for application, professional practice, licensure, eligibility, renewals, ethical standards, continuing education, supervision, and examination of an applicant for and a holder of licensure as a licensed professional counselor, licensed professional counselor-mental health, and licensed marriage and family therapist.

Section 13. That the code be amended by adding a NEW SECTION to read:

Each license issued by the board under sections 2 through 50 of this Act, shall be conspicuously displayed by the licensee at the licensee's primary place of practice. Each licensee shall post and keep conspicuously displayed the annual renewal certificate issued by the board.

Section 14. That the code be amended by adding a NEW SECTION to read:

It is a Class 2 misdemeanor for any person to engage or attempt to engage in the practice of professional counseling, without a license, unless exempted under sections 2 through 50 of this Act.

Section 15. That the code be amended by adding a NEW SECTION to read:

Unless licensed in accordance with sections 2 through 50 of this Act, no person may represent himself or herself as a counselor by using the titles licensed clinical mental health counselor, licensed clinical counselor, licensed professional counselor--mental health, or licensed professional counselor, or any similar title.

Section 16. That the code be amended by adding a NEW SECTION to read:

No advertising regarding the practice of counseling may be fraudulent or misleading. A violation of this section is a Class 1 misdemeanor.

Section 17. That the code be amended by adding a NEW SECTION to read:

No licensee may perform counseling services that are outside the scope of the licensee's relevant education, training, and experience.

Section 18. That the code be amended by adding a NEW SECTION to read:

The board may use its own staff or employ or contract with agents or investigators to assist in enforcing sections 2 through 50 of this Act or any rule promulgated by the board.

If it appears to the board that a person is violating any section from 2 through 50 of this Act or any rule promulgated thereunder, the board may, in its own name or in the name of the state, bring an action in the circuit court of any county in which jurisdiction is proper, to enjoin the action, practice, or violation, and to enforce compliance with sections 2 through 50 of this Act, or any rule promulgated thereunder. The proceedings shall be prosecuted by the Office of the Attorney General or by a person designated by the attorney general and retained by the board as provided in sections 2 through 50 of this Act.

Section 19. That the code be amended by adding a NEW SECTION to read:

The board and its members and officers shall assist any person charged with the enforcement of sections 2 through 50 of this Act. The board, its members and officers, shall furnish evidence to assist in the prosecution of any violation or enforcement, and the board may make a reasonable expenditure for that purpose. The board may employ an attorney designated

by the attorney general. The board shall fix and determine the compensation and period of service of the attorney to be paid out of the board's funds.

Section 20. That the code be amended by adding a NEW SECTION to read:

An applicant for a license as a professional counselor-mental health shall file an application, in the manner prescribed by the board, together with the application fee prescribed by the board. The board shall issue a license as a professional counselor-mental health to an applicant who pays the license fee and demonstrates that:

(1) The applicant has received a master's or a doctoral degree, which consists of at least forty-eight credit hours in counseling, from an accredited counseling program recognized by the board;

(2) The applicant has passed a standardized national examination approved by the board;

(3) Within the four years preceding the application, the applicant completed three thousand hours of postgraduate supervision in counseling under a plan of supervision approved by the board;

(4) The applicant has no pending disciplinary proceeding or unresolved disciplinary complaint;

(5) The applicant is of good moral character; and

(6) The applicant is not in violation of any section from 2 through 50 of this Act or any rule promulgated thereunder.

The board may refuse to grant a license to an applicant who fails to meet the requirements of this section.

Notwithstanding the provisions of subdivision (5), the board may grant a license to an applicant who has been convicted of or pled guilty to a felony, to any crime involving or relating to the practice of counseling, or to any crime involving dishonesty or moral turpitude, if the board determines that the applicant does not constitute a risk to public safety.

An applicant may appeal the denial of a license in accordance with chapter 1-26.

Section 21. That the code be amended by adding a NEW SECTION to read:

If the board suspects that the physical or mental health of any applicant may jeopardize or endanger anyone who seeks assistance from the applicant, the board may require that the applicant be examined by a competent healthcare provider selected by the board. The board shall pay all costs of the examination.

If the healthcare provider confirms that the applicant's physical or mental health may jeopardize or endanger anyone who seeks services from the applicant, the board may deny the license until the applicant furnishes proof that the applicant's physical and mental health is sufficient to practice counseling.

Section 22. That the code be amended by adding a NEW SECTION to read:

Notwithstanding any other provisions, the board may issue a license as a professional counselor-mental health to an applicant who is licensed to practice counseling in another state or territory of the United States if the applicant demonstrates that:

(1) The applicant is currently licensed as a counselor and has been under the jurisdiction of the licensing authority in the other jurisdiction for at least three continuous years prior to the time of submitting an application to the board;

(2) The applicant is in good standing with the licensing authority in the other jurisdiction;

(3) The applicant has been in an active practice during the three year period prior to the time of submitting an application to the board;

(4) The applicant passed a standard national examination approved by the board; and

(5) The applicant has no record of unprofessional conduct or any pending disciplinary complaints in another jurisdiction by the applicant.

For purposes of this section, the term, active practice, means the applicant accumulated at least one thousand five hundred hours of clinical experience.

Section 23. That the code be amended by adding a NEW SECTION to read:

If a professional counselor licensed in another state or territory of the United States has not passed the national examination required by the board for licensure by endorsement, the board may provide the applicant with a temporary license to practice for up to ninety days, provided the applicant demonstrates that:

(1) The applicant is currently licensed as a counselor and has been under the jurisdiction of the licensing authority in the other jurisdiction for at least three years prior to the time of submitting an application to the board;

(2) The applicant is in good standing with the licensing authority in the other jurisdiction;

(3) The applicant has been in active practice during the three year period prior to the time of submitting an application to the board; and

(4) The applicant has no record of unprofessional conduct or pending disciplinary complaints in the other jurisdiction.

For purposes of this section, the term, active practice, means at least one thousand five hundred hours of clinical experience.

An applicant for a temporary license shall submit an application on a form approved by the board, along with the application fee and the temporary license fee prescribed by the board. The board shall issue a temporary license as a professional counselor-mental health to an applicant who meets the requirements of this section and pays the required fee. A temporary license expires upon the applicant's passage of the required national examination or at the conclusion of the term for which the temporary license was issued, whichever occurs first. A temporary license may only be renewed once.

Section 24. That the code be amended by adding a NEW SECTION to read:

Any person practicing under a temporary license is subject to supervision and discipline by the board, in the same manner as any other licensee under sections 2 through 50 of this Act. A person practicing under a temporary license submits to the jurisdiction of the board.

Section 25. That the code be amended by adding a NEW SECTION to read:

Any licensee shall furnish the board with updated information within thirty days upon a change in the licensee's name, place of employment, or place of business.

Section 26. That the code be amended by adding a NEW SECTION to read:

A license issued under sections 2 through 50 of this Act, other than a temporary license, is valid until November thirtieth of the next odd numbered year following the date of issuance. A license expires automatically unless it is renewed.

Section 27. That the code be amended by adding a NEW SECTION to read:

Any licensee holding a valid license under this Act may renew that license by submitting an application for renewal prior to the date of expiration, paying the required renewal fee, and providing proof of compliance with the continuing education requirements prescribed by the board. If a licensee fails to renew a license on or before the thirtieth day of November in an odd numbered year, the license is automatically suspended.

The board shall notify the licensee that a renewal application has not been received by the board and that the licensee may not practice counseling. Any person who submits a license renewal application and provides proof of compliance with the continuing education requirements set by the board within thirty days after the expiration date may be granted a license renewal.

Section 28. That the code be amended by adding a NEW SECTION to read:

Except as otherwise provided in this section, any person licensed under sections 2 through 50 of this Act shall complete at least forty hours of continuing education every two years in a manner and with an instructor approved by the board.

Any person whose initial license is granted for a period of less than two years shall, during that initial licensure period, complete a prorated number of hours of continuing education, in a manner and with an instructor approved by the board.

The required continuing education hours may be obtained through electronic means. The board may extend or waive the continuing education requirements for a licensee upon a showing of good cause, prior to the expiration of the license.

Section 29. That the code be amended by adding a NEW SECTION to read:

The board may place a license on inactive status at the request of the licensee and the payment of a fee prescribed by the board. An inactive license expires four years after the date of issuance. An inactive license may be reactivated by payment of the license renewal fee and proof of having completed at least forty hours of continuing education during the two-year period immediately preceding the reactivation request. If a license is not reactivated prior to its expiration, all provisions applicable to an applicant for licensure apply in order for the license to be restored to active status.

Any license on inactive status as of July 1, 2019, expires on November 30, 2021, unless the licensee meets the requirements for restoration prior to that time.

Section 30. That the code be amended by adding a NEW SECTION to read:

An expired license may be reactivated within the four year period following its expiration if the applicant:

(1) Pays all applicable renewal fees required for the period of expiration;

(2) Provides proof of all continuing education required for the period of expiration; and

(3) Provides proof of passing a national examination approved by the board after the date the license expired.

Section 31. That the code be amended by adding a NEW SECTION to read:

Sections 2 through 50 of this Act do not apply to the activities and services of a person practicing counseling as part of that person's duties if the person is:

(1) Licensed or certified under this title and acting in a manner consistent with state law regarding the scope of practice;

(2) Employed by a school, college, university, or other institution of higher learning and is engaged primarily in the education of students;

(3) Employed by a federal, state, county, or local governmental institution or agency and performing the duties for which the person was employed;

(4) Employed by a licensed health care facility, an accredited prevention or treatment facility, a community support provider, a nonprofit mental health center, or a licensed or registered child welfare agency;

(5) A member of the clergy and acting in a ministerial capacity, if the activity is within the scope of the person's regular or specialized duties; and

(6) A student enrolled in a recognized program of study leading to a counseling degree, provided that the student practices only under the direct supervision of a counselor educator or a counselor licensed under sections 2 through 50 of this Act.

Section 32. That the code be amended by adding a NEW SECTION to read:

No licensee or an employee of a licensee may disclose information that was acquired from any person consulting the licensee in a professional capacity and which was necessary to render services in a professional capacity, except:

(1) If mandated by state law or authorized under the Health Insurance Portability and Accountability Act of 1996, as amended through January 1, 2019;

(2) With the written consent of the person or, in the case of the person's death or disability, with the written consent of a personal representative, a person authorized to sue on the person's behalf, or the beneficiary of an insurance policy related to the person's life, health, or physical condition;

(3) If the information is necessary to prevent or mitigate a serious and imminent threat to the health or safety of a person or to the public, provided the disclosure is made to a person reasonably able to prevent or mitigate the threat, including the target of the threat;

(4) If the licensed professional counselor or professional counselor-mental health is a party defendant to a civil, criminal, or disciplinary action arising from such professional capacity, in which case any waiver of the privilege accorded by this section is limited to that action;

(5) If the client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or right to present testimony and evidence; or

(6) If the person waives the privilege by bringing charges against the licensee.

Section 33. That the code be amended by adding a NEW SECTION to read:

If both parties to a marriage have obtained counseling by a licensed professional counselor or a licensed professional counselor-mental health, the counselor may not testify in an alimony or divorce action concerning information acquired in the course of the therapeutic relationship. This section does not apply to custody actions.

Section 34. That the code be amended by adding a NEW SECTION to read:

The board shall receive complaints regarding any person licensed under sections 2 through 50 of this Act. A record of each complaint shall be maintained by the board. An investigation shall be conducted by a member, agent or an appointee of the board to determine whether the alleged violation has been committed. The investigator, if a member of the board, may dismiss a complaint if it appears to the member, either with or without consulting of the board, that no violation has been committed. If the investigator is an agent or an appointee of the board, dismissal of the complaint may only be made by the board president. Any agreed upon disposition made between the investigator and the licensee or permit holder shall be made known to and approved by the board.

If the complaint is not dismissed and an agreed upon disposition is not reached, the investigator may request that the board set a date for a hearing on the complaint. All disciplinary proceedings held under the authority of sections 2 through 50 of this Act shall be conducted in accordance with chapter 1-26. Any decision of the board entered in a contested proceeding may be appealed to the circuit court within thirty days. A license or permit shall remain in effect during the pendency of an appeal, unless suspended under section 37 of this Act.

Section 35. That the code be amended by adding a NEW SECTION to read:

Upon receiving a complaint regarding the health or safety of patients or the public, any authorized board member, officer, agent, or employee may enter and inspect, during business hours, any place where counseling is practiced for the purpose of enforcing sections 2 through 50 of this Act. Refusal to allow an inspection may constitute unprofessional or dishonorable conduct.

Section 36. That the code be amended by adding a NEW SECTION to read:

Testimony or documentary evidence of any kind obtained during the investigation of a complaint is not subject to discovery or disclosure under chapter 15-6 or any other provision of law and is not admissible as evidence in any legal proceeding, until such time as the complaint becomes a contested case, as defined in § 1-26-1. No person who has participated in the investigation of a complaint may testify as an expert witness or be compelled to testify for any party in any civil action, if the subject matter of the complaint investigated is a basis for the civil action.

Section 37. That the code be amended by adding a NEW SECTION to read:

A license or permit may be suspended, revoked, or canceled if:

(1) The licensee or permit holder is guilty of fraud in the practice of counseling or of fraud or deceit in the licensee's admission to the practice of counseling;

(2) The licensee or permit holder has been convicted during the past five years of a felony, or of any crime which, if committed in this state would constitute a felony;

(3) The licensee or permit holder is engaged in the practice of counseling under a false or assumed name and has not registered that name under chapter 37-11, or is impersonating another practitioner having a like or different name;

(4) The licensee or permit holder is addicted to the habitual use of intoxicating liquors, narcotics, or stimulants, to an extent that incapacitates the licensee from the performance of professional duties;

(5) The physical or mental condition of the licensee or permit holder is determined by a competent healthcare provider to be at risk of jeopardizing or endangering those who seek services from the licensee, provided that a majority of the board may demand an examination of the licensee or permit holder at the board's expense, and further provided that if the licensee or permit holder fails to submit to the examination, this constitutes grounds for the immediate suspension of the license or permit;

(6) Obtaining or attempting to obtain a license, certificate, permit, or renewal through means of bribery or fraudulent representation;

(7) Knowingly making a false statement in connection with any application under sections 2 through 50 of this Act;

(8) Knowingly making a false statement on any form required by the board in accordance with sections 2 through 50 of this Act or any rules promulgated thereunder;

(9) The licensee or permit holder has violated any section from 2 through 50 of this Act or any rule promulgated thereunder; or

(10) The licensee or permit holder has been found to be in violation of ethical standards adopted by the board.

Section 38. That the code be amended by adding a NEW SECTION to read:

Proceedings for the suspension, revocation, or cancellation of a license or permit may be initiated when the board has information that a person may have committed any misconduct as provided for in section 37 of this Act or is guilty of gross incompetence or unprofessional or dishonorable conduct.

Section 39. That the code be amended by adding a NEW SECTION to read:

If the board finds that a person, entity, licensee, or permit holder has violated any section from 2 through 50 of this Act or any rule promulgated thereunder, the board may:

(1) Revoke a license or permit for an indefinite period;

(2) Suspend a license or permit for a specific or an indefinite period;

(3) Place a limit or a condition on a license or permit;

(4) Issue a censure or a letter of reprimand;

(5) Place a licensee or permit holder on probationary status and require the licensee or permit holder report regularly to the board on the matters that are the basis for probation, limit the licensee's or permit holder's practice to areas prescribed by the board, and require professional education until a satisfactory degree of skill has been attained in those areas that are the basis of the probation, provided the board may withdraw the probation if the board finds the deficiencies that required disciplinary action have been remedied;

(6) Impose any other sanction that the board determines is appropriate;

(7) Impose a fee to reimburse the board in an amount equal to some or all of the costs incurred for the investigation and proceedings resulting in disciplinary action, or for the issuance of a cease and desist order; or

(8) Deny an application for a license or permit.

Section 40. That the code be amended by adding a NEW SECTION to read:

The board may suspend a license or permit in advance of a final adjudication or during the appeals process, if the board finds that allowing a licensee or permit holder to continue practicing would represent a clear and immediate or imminent danger to public health and safety. A person whose license or permit is suspended under this section is entitled to a hearing before the board within twenty days after the effective date of the suspension. The suspension may subsequently be appealed to the circuit court in accordance with chapter 1-26.

Section 41. That the code be amended by adding a NEW SECTION to read:

All proceedings regarding the suspension, revocation, or cancellation of a license or permit shall conform to the procedure set forth in chapter 1-26.

A party may appeal any act, ruling, or decision regarding a license, in accordance with chapter 1-26.

Section 42. That the code be amended by adding a NEW SECTION to read:

At the board's discretion, the board may reinstate or issue a new license or permit. The board may require the applicant to pay all costs of the proceedings resulting in the suspension, revocation, reinstatement, or issuance of a license or permit.

Section 43. That the code be amended by adding a NEW SECTION to read:

The board shall investigate and report an alleged violation of any section from 2 through 50 of this Act. The board may employ special counsel subject to the supervision, control, and direction of the attorney general to assist in the prosecution of alleged criminal violations and may expend the necessary funds for this purpose.

Section 44. That the code be amended by adding a NEW SECTION to read:

Any person violating any section from 2 through 50 this Act may be enjoined from further violations at the suit of the state's attorney of the county where the violations occurred. In the alternative, suit may be brought by any resident of this state.

Section 45. That the code be amended by adding a NEW SECTION to read:

Any person who practices counseling through electronic means and provides counseling services to a patient located in this state is engaged in the practice of counseling in this state, regardless of the provider's physical location. Any service provided by a person through electronic means shall comply with sections 2 through 50 of this Act and rules promulgated thereunder.

Section 46. That the code be amended by adding a NEW SECTION to read:

The board shall promulgate rules in accordance with chapter 1-26, to establish the following:

(1) An application fee, not exceeding two hundred dollars;

(2) A biennial renewal fee, not exceeding five hundred dollars;

(3) A duplicate license fee, not exceeding fifteen dollars;

(4) An inactive license fee, not exceeding one hundred dollars;

(5) A temporary license fee, not exceeding two hundred dollars; and

(6) A license verification fee, not exceeding twenty-five dollars.

Section 47. That the code be amended by adding a NEW SECTION to read:

A professional counselor licensed by the board prior to July 1, 2019, and any person practicing as a professional counselor under a board approved plan of supervision prior to July 1, 2019, may be licensed as a professional counselor. Any person licensed under this section may practice counseling, but may not perform any counseling services that are outside the scope of the licensee's relevant education, training, and experience.

A licensee holding a license under this section may renew that license by submitting an application for renewal prior to November 30, 2019, paying the required renewal fee, and providing proof of compliance with the continuing education requirements prescribed by the

board. If a licensee fails to renew a license prior to November 30, 2019, and prior to November thirtieth of each odd numbered year thereafter, the license is automatically suspended.

The board shall notify the licensee that a renewal application has not been received by the board and that the licensee may not practice counseling. Any person who submits a license renewal application and meets the other requirements set forth in this section within thirty days after the expiration date may be granted a license renewal.

A professional counselor license on inactive status as of July 1, 2019, expires on November 30, 2021, unless the licensee restores the license to active status prior to November 30, 2021.

Section 48. That the code be amended by adding a NEW SECTION to read:

To be eligible for a license as a professional counselor pursuant to section 47 of this Act, any person practicing under a board approved plan of supervision for a professional counselor that is approved as of July 1, 2019, shall, within four years of the date that the plan of supervision was approved, complete three thousand hours of board approved supervision and pass a standard national examination approved by the board. A person practicing under a board approved plan of supervision under this section may practice counseling. A person practicing counseling under a board approved plan of supervision under this section may not perform any counseling services that are outside the scope of the person's relevant education, training, and experience.

The board may not issue a person a plan of supervision as a professional counselor after July 1, 2019.

Section 49. That the code be amended by adding a NEW SECTION to read:

Any person who has been issued a plan of supervision as a professional counselor-mental health as of January 1, 2019, shall meet the educational, supervision, and examination requirements set forth in section 20 of this Act, to be eligible for licensure as a professional counselor-mental health.

Section 50. That the code be amended by adding a NEW SECTION to read:

Any person licensed as a professional counselor-mental health under § 36-32-42 before June 30, 2019, shall be licensed as a professional counselor-mental health pursuant to sections 2 through 49 of this Act.

Section 51. That the code be amended by adding a NEW SECTION to read:

Terms used in sections 51 through 89 of this Act mean:

(1) "Board," the Board of Examiners for Counselors and Marriage and Family Therapists;

(2) "Licensee," a person who holds a license to practice marriage and family therapy; and

(3) "Practice of marriage and family therapy," the rendering of professional marriage and family therapy services to individuals, family groups, and marital pairs, one-on-one or in groups, whether the services are offered directly to the general public or through organizations, either public or private, for compensation, including the diagnosis and treatment of nervous and mental disorders through the application of systemic theory and technique, whether cognitive, affective, or behavioral, within the context of marriage and family systems.

Section 52. That the code be amended by adding a NEW SECTION to read:

Each license issued by the board under sections 51 through 89 of this Act shall be conspicuously displayed by the licensee at the primary place of practice of the licensee. Each licensee shall post and keep conspicuously displayed the annual renewal certificate issued by the board.

Section 53. That the code be amended by adding a NEW SECTION to read:

It is a Class 2 misdemeanor for any person to engage or attempt to engage in the practice of marriage and family therapy, without a license, unless exempted under sections 51 through 89 of this Act.

Section 54. That the code be amended by adding a NEW SECTION to read:

Unless licensed in accordance with sections 51 through 89 of this Act, no person may represent himself or herself as a marriage or family therapist by using the titles "marital therapist," "marriage counselor," "family therapist," "licensed marital therapist", "licensed marriage counselor," "licensed family therapist," or "licensed marriage and family therapist," or any other similar title.

Section 55. That the code be amended by adding a NEW SECTION to read:

No advertising regarding the practice of marriage and family therapy may be fraudulent or misleading. A violation of this section is a Class 1 misdemeanor.

Section 56. That the code be amended by adding a NEW SECTION to read:

No licensee may perform marriage and family therapy services that are outside the scope of the licensee's relevant education, training, and experience.

Section 57. That the code be amended by adding a NEW SECTION to read:

Nothing in sections 51 through 89 of this Act may be construed to prevent any other qualified professional, including a clinical social worker, psychiatric nurse, professional counselor, clinical and counseling psychologist, physician, or member of the clergy, from performing or advertising the performance of marriage and family therapy consistent with the accepted standards of that person's profession, provided the person does not use a title or description stating or implying that the person is licensed to practice marriage and family therapy under this Act.

Section 58. That the code be amended by adding a NEW SECTION to read:

The board may use its own staff or employ or contract with agents or investigators to assist in the enforcement of sections 51 through 89 of this Act, or any rule promulgated thereunder. If it appears to the board that a person is violating any section from 51 through 89 of this Act or any rule promulgated thereunder, the board may, in its own name or in the name of the state, in the circuit court in any county in which jurisdiction is proper, bring an action to enjoin the act, practice, or violation and to enforce compliance with sections 51 through 89 of this Act, or any rule promulgated thereunder, as an alternative to criminal proceedings. The proceedings shall be prosecuted by the Office of the Attorney General or by a person designated by the attorney general and retained by the board as provided in sections 51 through 89 of this Act.

Section 59. That the code be amended by adding a NEW SECTION to read:

The board and its members and officers shall assist any person charged with the enforcement of sections 51 through 89 of this Act. The board, its members, agents, and officers shall furnish evidence to assist in the prosecution of any violation or enforcement, and the board may make a reasonable expenditure for that purpose. The board may determine it is best for the enforcement of sections 51 through 89 of this Act, or in the conduct of its duties to employ an attorney designated by the attorney general. The board shall fix and determine the compensation and period of service for the attorney to be paid out of the board's funds.

Section 60. That the code be amended by adding a NEW SECTION to read:

An applicant for a license as a marriage and family therapist shall file an application, in the manner prescribed by the board, together with the application fee prescribed by the board. The board shall issue a license as a marriage and family therapist to an applicant who pays the license fee and demonstrates that:

(1) The applicant has received a master's or a doctoral degree, which consists of at least forty-eight credit hours in marriage and family therapy, from an accredited marriage and family therapy program recognized by the board, or an equivalent course of study approved by the board;

(2) The applicant has passed a standardized national examination approved by the board;

(3) Within the four year period preceding the application, the applicant completed one thousand seven hundred hours of supervised experience in marriage and family therapy under a plan of supervision approved by the board subsequent to the applicant receiving an acceptable degree;

(4) The applicant has no pending disciplinary proceeding or unresolved disciplinary complaint;

(5) The applicant is of good moral character; and

(6) The applicant is not in violation of any section from 51 through 89 of this Act or any rules promulgated thereunder.

The board may refuse to issue a license to an applicant who fails to meet the requirements of this section. The board may grant a license, the provisions of subdivision (5) notwithstanding, if the applicant has been convicted of, or pled guilty to a felony, to any crime involving or relating to the practice of counseling, or to any crime involving dishonesty or

moral turpitude, if and the board determines that the applicant does not constitute a risk to public safety. An applicant may appeal the denial of a license in accordance with chapter 1-26.

Section 61. That the code be amended by adding a NEW SECTION to read:

If the board suspects that the physical or mental health of an applicant may jeopardize or endanger anyone who seeks assistance from the applicant, the board may require that the applicant be examined by a competent healthcare provider selected by the board. The board shall pay all costs of the examination.

Section 62. That the code be amended by adding a NEW SECTION to read:

Notwithstanding any other provisions, the board may issue a license as a marriage and family therapist to an applicant who is licensed to practice marriage and family therapy in another state or territory of the United States, if the applicant demonstrates that:

(1) The applicant is currently licensed as a marriage and family therapist and has been under the jurisdiction of the licensing authority in the other jurisdiction for at least three years prior to the time of submitting an application to the board;

(2) The applicant is in good standing with the licensing authority in the other jurisdiction;

(3) The applicant has been in an active practice during the three year period prior to the time of submitting an application to the board;

(4) The applicant passed a standard national examination approved by the board; and

(5) The applicant has no record of unprofessional conduct or any pending disciplinary complaints in the other jurisdiction.

For purposes of this section, the term, active practice, means at least one thousand five hundred hours of clinical experience.

Section 63. That the code be amended by adding a NEW SECTION to read:

If a marriage and family therapist licensed in another state or territory of the United States has not passed the national examination required by the board for licensure by endorsement, the board may provide the applicant with a temporary license to practice for up to ninety days, provided the applicant demonstrates that:

(2) The applicant is in good standing with the licensing authority in the other jurisdiction;

(3) The applicant has been in an active practice during the three year period prior to the time of submitting an application to the board; and

(4) The applicant has no record of unprofessional conduct or any pending disciplinary complaints in the other jurisdiction.

For purposes of this section, the term, active practice, means at least one thousand five hundred hours of clinical experience.

An applicant for a temporary license shall submit an application on a form approved by the board, along with the application fee and a temporary license fee prescribed by the board. The board shall issue a temporary license as a marriage and family therapist to an applicant who meets the requirements of this section and pays the required fees. A temporary license expires upon the applicant's passage of the required national examination or at the conclusion of the term for which the license was issued, whichever occurs first. A temporary license may only be renewed once.

Section 64. That the code be amended by adding a NEW SECTION to read:

Any person practicing under a temporary license is subject to supervision and discipline by the board, in the same manner as any other person licensed under sections 51 through 89 of this Act. A person practicing under a temporary license submits to the jurisdiction of the board.

Section 65. That the code be amended by adding a NEW SECTION to read:

A licensee shall furnish the board with updated information within thirty days, upon a change in the licensee's name, place of employment, or place of business.

Section 66. That the code be amended by adding a NEW SECTION to read:

Any license issued under sections 51 through 89 of this Act, other than a temporary license, is valid until November thirtieth of the next odd numbered year following the date of issuance. A license expires automatically, unless it is renewed.

Section 67. That the code be amended by adding a NEW SECTION to read:

Any licensee holding a license issued under sections 51 through 89 of this Act may renew that license by submitting an application for renewal prior to the date of expiration, paying the required renewal fee, and providing proof of compliance with the continuing education requirements prescribed by the board. If a licensee fails to renew a license on or before the thirtieth day of November in an odd numbered year, the license is automatically suspended.

Section 68. That the code be amended by adding a NEW SECTION to read:

Except as otherwise provided in this section, any person licensed under sections 51 through 89 of this Act shall complete at least forty hours of continuing education every two years in a manner and with an instructor approved by the board.

Section 69. That the code be amended by adding a NEW SECTION to read:

The board may place a license on inactive status at the request of a licensee and the payment of a fee prescribed by the board. An inactive license expires four years after the date of issuance. An inactive license may be reactivated by payment of the license renewal fee and proof of having completed at least forty hours of continuing education during the two-year period immediately preceding the reactivation request. If a license is not reactivated prior to its expiration, all provisions applicable to an applicant for licensure apply in order for the license to be restored to active status.

Any license that is on an inactive status, as of July 1, 2019, expires on November 30, 2021, unless the licensee meets the requirements for restoration prior to that time.

Section 70. That the code be amended by adding a NEW SECTION to read:

An expired license may be reactivated within the four year period following its expiration if the applicant:

(1) Pays all applicable renewal fees required for the period of expiration;

(2) Provides proof of all continuing education required for the period of expiration; and

(3) Provides proof of passing a national examination approved by the board after the date the license expired.

Section 71. That the code be amended by adding a NEW SECTION to read:

Sections 51 through 89 of this Act do not apply to the activities and services of a person practicing marriage and family therapy as part of the person's duties if the person is:

(1) An employee of an accredited educational institution, or a federal, state, county, or local governmental institution or agency;

(2) An employee of a not-for-profit entity that meets community needs; or

(3) A marriage and family therapy intern or person preparing for the practice of marriage and family therapy under qualified supervision in a training institution or facility or supervisory arrangement recognized and approved by the board.

Section 72. That the code be amended by adding a NEW SECTION to read:

No cause of action may arise against any licensed marriage and family therapist for failing to warn of and protect others from a client's threatened violent behavior or for failing to predict, warn of and protect others from a client's violent behavior except if the client has communicated to the marriage and family therapist a serious threat of physical violence against an identifiable victim. The duty to warn or to take reasonable precautions to provide protection from violent behavior arises only under the limited circumstances specified in this section.

Section 73. That the code be amended by adding a NEW SECTION to read:

No licensee, or an employee of a licensee may disclose information acquired from any person consulting the licensee in a professional capacity that was necessary to render services in a professional capacity, except:

(1) If mandated by law or authorized to under the Health Insurance Portability and Accountability Act of 1996, as amended through January 1, 2019;

(2) If the information is necessary to prevent or mitigate a serious and imminent threat to the health or safety of a person or the public, provided the disclosure is made to a person reasonably able to prevent or mitigate the threat, including the target of the threat;

(3) If the licensed marriage and family therapist is a party defendant to a civil, criminal, or disciplinary action arising from such professional capacity, in which case any waiver of the privilege accorded by this section is limited to that action;

(4) If the client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or right to present testimony and evidence;

(5) With the written consent of the person or, in the case of the person's death or disability, with the written consent of the person's personal representative, other person authorized to sue, or the beneficiary of an insurance policy on the person's life, health, or physical condition, provided that if more than one person in a family is receiving therapy from the marriage and family therapist, each family member shall agree to the waiver for the marriage and family therapist to disclose information received from any family member;

(6) If the person waives the privilege by bringing charges against the licensee; or

(7) If there is a duty to warn under other limited circumstances set forth in sections 51 through 89 of this Act.

Section 74. That the code be amended by adding a NEW SECTION to read:

If both parties to a marriage have obtained marriage and family therapy by a licensed marriage and family therapist, the therapist may not testify in an alimony or divorce action concerning information acquired in the course of the therapeutic relationship. This section does not apply to custody actions.

Section 75. That the code be amended by adding a NEW SECTION to read:

The board shall receive complaints regarding the enforcement of sections 51 through 89 of this Act. A record of each complaint shall be maintained by the board. An investigation shall be conducted by a member, agent, or an appointee of the board to determine whether an alleged

violation has been committed. The investigator, if a member of the board, may dismiss a complaint if it appears to the member, either with or without consulting of the board, that no violation has been committed. If the investigator is an agent or an appointee of the board, dismissal of the complaint may only be made by the board president. Any agreed disposition made between the investigator and the licensee or permit holder shall be made known to and approved by the board.

If the complaint is not dismissed and an agreed disposition is not reached, the investigator may request that the board set a date for a hearing on the complaint. All disciplinary proceedings held under the authority of sections 51 through 89 of this Act shall be conducted in accordance with chapter 1-26. Any decision of the board entered in a contested proceeding may be appealed to the circuit court within thirty days. A license or permit shall remain in effect during the pendency of an appeal unless suspended under section 78 of this Act.

Section 76. That the code be amended by adding a NEW SECTION to read:

Upon receiving a complaint regarding the health or safety of patients or the public, any authorized board member, officer, agent, or employee may enter and inspect, during business hours, any place where marriage and family therapy is practiced for the purpose of enforcing this Act. Refusal to allow an inspection may constitute unprofessional or dishonorable conduct.

Section 77. That the code be amended by adding a NEW SECTION to read:

Testimony or documentary evidence of any kind obtained during the investigation of a complaint is not subject to discovery or disclosure under chapter 15-6 or under any other provision of law and is not admissible as evidence in any legal proceeding, until such time as the complaint becomes a contested case, as defined in § 1-26-1. No person who has participated in the investigation of a complaint may testify as an expert witness or be compelled to testify for any party in any civil action, if the subject matter of the complaint investigated is a basis for the civil action.

Section 78. That the code be amended by adding a NEW SECTION to read:

The license of a marriage and family therapist may be suspended, revoked, or canceled if:

(1) The licensee is found to be guilty of fraud in the practice of marriage and family therapy or of fraud or deceit in the licensee's admission to the practice of marriage and family therapy;

(2) The licensee has been convicted during the past five years of a felony, or of any crime which, if committed within this state would constitute a felony;

(3) The licensee is engaged in the practice of marriage and family therapy under a false or assumed name and has not registered that name under chapter 37-11, or is impersonating another practitioner having a like or different name;

(4) The licensee is addicted to the habitual use of intoxicating liquors, narcotics, or stimulants, to an extent that incapacitates the licensee from the performance of professional duties;

(5) The physical or mental condition of the licensee is determined by a competent healthcare provider to be at risk of jeopardizing or endangering those who seek

services from the licensee, provided that a majority of the board may demand an examination of the licensee at the board's expense, and further provided that if the licensee fails to submit to the examination, this constitutes grounds for the immediate suspension of the license;

(6) Obtaining or attempting to obtain a license, certificate, or renewal through means of bribery or fraudulent representation;

(7) Knowingly making a false statement in connection with any application under this Act;

(8) Knowingly making a false statement on any form required by the board in accordance with sections 53 through 91 of this Act or any rules promulgated thereunder;

(9) The licensee has violated any section from 51 through 89 of this Act or any rule thereunder; or

(10) The licensee has been found to be in violation of ethical standards adopted by the board.

Section 79. That the code be amended by adding a NEW SECTION to read:

Proceedings for the suspension, revocation, or cancellation of a license may be initiated when the board has information that any licensee may have committed any misconduct as provided in section 78 of this Act or is guilty of gross incompetence or unprofessional or dishonorable conduct.

Section 80. That the code be amended by adding a NEW SECTION to read:

If the board finds that a person, entity, licensee, or permit holder has violated any section from 51 through 89 of this Act or any rule promulgated thereunder, the board may:

(1) Revoke a license or permit for an indefinite period;

(2) Suspend a license or permit for a specific or an indefinite period;

(3) Place a limit or condition on a license or permit;

(4) Issue a censure or a letter of reprimand;

(5) Place a licensee or permit holder on probationary status and require that the licensee or permit holder report regularly to the board on the matters that are the basis for the probation, limit the licensee's or permit holder's practice to areas prescribed by the board, and require professional education until a satisfactory degree of skill has been attained in those areas that are the basis of the probation, provided the board may withdraw the probation if the board finds the deficiencies that required disciplinary action have been remedied;

(6) Impose any other sanctions that the board determines is appropriate;

(7) Impose a fee to reimburse the board in an amount equal to some or all of the costs incurred for the investigation and proceedings resulting in disciplinary action or for the issuance of a cease and desist order; or

(8) Deny an application for a license or permit.

Section 81. That the code be amended by adding a NEW SECTION to read:

The board may suspend a license or permit in advance of a final adjudication or during the appeals process, if the board finds that allowing a licensee or permit holder to continue practicing would represent a clear and immediate or imminent danger to public health and safety. A licensee or permit holder whose license or permit is suspended under this section is entitled to a hearing before the board within twenty days after the effective date of the suspension. The licensee or permit holder may subsequently appeal the suspension to the circuit court in accordance with chapter 1-26.

Section 82. That the code be amended by adding a NEW SECTION to read:

All proceedings regarding the suspension, revocation, or cancellation of a license shall conform to the procedure set forth in chapter 1-26.

A party may appeal any act, ruling, or decision regarding a license, in accordance with chapter 1-26.

Section 83. That the code be amended by adding a NEW SECTION to read:

Section 84. That the code be amended by adding a NEW SECTION to read:

The board shall investigate and report an alleged violation of any section from 51 through 89 of this Act. The board may employ special counsel subject to the supervision, control, and direction of the attorney general to assist in the prosecution of alleged criminal violations and may expend the necessary funds for this purpose.

Section 85. That the code be amended by adding a NEW SECTION to read:

Any person violating any section from 51 through 89 of this Act, may be enjoined from further violations at the suit of the state's attorney of the county where the violations occurred. In the alternative, suit may be brought by any resident of this state.

Section 86. That the code be amended by adding a NEW SECTION to read:

Any person who practices marriage and family therapy through electronic means, and provides marriage and therapy services to a patient located in this state is engaged in the practice of marriage and family therapy in this state regardless of the provider's physical location. Any service provided by a licensee or supervision provided through electronic means shall comply with sections 51 through 89 of this Act and rules promulgated thereunder.

Section 87. That the code be amended by adding a NEW SECTION to read:

The board shall promulgate rules, pursuant to chapter 1-26, to establish:

(1) An application fee, not exceeding two hundred dollars;

(2) A biennial renewal fee, not exceeding five hundred dollars;

(3) A duplicate license fee, not exceeding fifteen dollars;

(4) An inactive license fee, not exceeding one hundred dollars;

(5) A temporary license fee, not exceeding two hundred dollars; and

(6) A license verification fee, not exceeding twenty-five dollars.

Section 88. That the code be amended by adding a NEW SECTION to read:

The board may promulgate rules, pursuant to chapter 1-26, to:

(1) Set standards for professional practice; and

(2) Establish procedures for application, licensure, eligibility, renewals, continuing education, supervision, and the examination of an applicant for and a holder of licensure as a licensed marriage and family therapist.

Section 89. That §§ 36-32-1 to 36-32-46, inclusive, 36-33-1, 36-33-2, 36-33-4 to 36-33-9, inclusive, and 36-33-11 to 36-33-33, inclusive be repealed."

1250bta

On page 1, line 1, of the House Health and Human Services Committee engrossed bill, after "regarding" insert "professional counselors and".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1099 and returns the same with the recommendation that said bill be amended as follows:

1099oa

On page 2, between lines 5 and 6 of the printed bill, insert:

A resident may revoke the designation of a caregiver under this section at any time.".

And that as so amended said bill do pass.

Respectfully submitted,
Deb Soholt, Chair

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 84, 92, 98, 114, and 163 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SCR 11 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to return herewith SB 61 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1215 and 1242.

Also MR. PRESIDENT:

I have the honor to transmit herewith SB 92, 98, 114, and 163 which have passed the House without change.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Langer moved that JR 17-1 be suspended for the sole purpose of allowing introduction and consideration of two special appropriation bills.

The question being on Sen. Langer's motion that the JR 17-1 be suspended for the sole purpose of allowing introduction and consideration of two special appropriation bills.

And the roll being called:

Yeas 29, Nays 2, Excused 4, Absent 0

Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Greenfield (Brock); Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wismer; Youngberg

Nays:
Nelson; Russell

Excused:
Ewing; Foster; Heinert; Wiik

So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried.

Sen. Jensen (Phil) moved that the Senate do concur in House amendments to SB 55.

Sen. Wismer offered a substitute motion to not concur.

Sen. DiSanto requested a roll call vote.

Which request was supported.

The question being on Sen. Wismer's substitute motion to not concur.

And the roll being called:

Yeas 12, Nays 19, Excused 4, Absent 0

Yeas:
Cammack; Cronin; Curd; Kennedy; Nesiba; Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; White; Wismer

Nays:
Blare; Bolin; DiSanto; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Novstrup; Otten (Ernie); Partridge; Russell; Stalzer; Steinhauer; Sutton; Youngberg

Excused:
Ewing; Foster; Heinert; Wiik

So the motion not having received an affirmative vote of a majority of the members-elect, the President declared the motion lost.

The question being on Sen. Jensen (Phil)'s motion that the Senate do concur in House amendments to SB 55.

And the roll being called:

Yeas 19, Nays 13, Excused 3, Absent 0

Yeas:
Blare; Bolin; DiSanto; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Novstrup; Otten (Ernie); Partridge; Russell; Stalzer; Steinhauer; Sutton; Youngberg

Nays:
Cammack; Cronin; Curd; Heinert; Kennedy; Nesiba; Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; White; Wismer

Excused:
Ewing; Foster; Wiik

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

Sen. Nelson moved that the Senate do concur in House amendments to SB 70.

The question being on Sen. Nelson's motion that the Senate do concur in House amendments to SB 70.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wismer; Youngberg

Excused:
Ewing; Foster; Wiik

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

Sen. Greenfield (Brock) moved that the Senate do concur in House amendments to SB 64.

The question being on Sen. Greenfield (Brock)'s motion that the Senate do concur in House amendments to SB 64.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Ewing; Foster; Wiik

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

Sen. Schoenbeck moved that the Senate do concur in House amendments to SB 73.

The question being on Sen. Schoenbeck's motion that the Senate do concur in House amendments to SB 73.

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Ewing; Foster; Wiik; Youngberg

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

Sen. Soholt moved that the Senate do concur in House amendments to SB 72.

The question being on Sen. Soholt's motion that the Senate do concur in House amendments to SB 72.

And the roll being called:

Yeas 30, Nays 2, Excused 3, Absent 0

Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Youngberg

Nays:
Nesiba; Wismer

Excused:
Ewing; Foster; Wiik

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

SR 4 Introduced by: Senators Russell, Jensen (Phil), and Nelson

A RESOLUTION, Rebuking Congressman Dusty Johnson for voting against President Trump's emergency measures to secure the Southern border, and urging Senators John Thune and Mike Rounds to support President Trump's constitutional efforts as our military Commander in Chief to do so.

WHEREAS, a state of emergency exists in the United States due to Congress' failing to perform its constitutional duties of securing our borders and defending the nation against the lawless invasion of this country by twelve to twenty-two million illegal aliens; and

WHEREAS, the South Dakota Legislature identified within Senate Concurrent Resolution 4, the mass amount of horrific crimes American citizens are subjected to due to the illegal alien crime wave from which federal law enforcement is desperately attempting to defend the American public; and

WHEREAS, the South Dakota Legislature passed Senate Concurrent Resolution 4 on January 24, urging Congress and the President of the United States immediately to address this emergency by providing for the security of our nation by controlling and securing our national borders with appropriate legislation to fund the construction of steel barriers and border control impediments along with the strengthening of current border control infrastructure; and

WHEREAS, the President of the United States is the Commander in Chief of the nation's military and is constitutionally empowered to direct and order the defenses of the nation; and

WHEREAS, on February 19, the President issued a presidential proclamation officially declaring a national emergency concerning the southern border of the United States, and

ordering the nation's military to use monies already appropriated to the Department of Defense, to be specifically used to harden the defenses and security of the southern border; and

WHEREAS, on February 26, Representative Dusty Johnson voted for House Joint Resolution 46 to terminate President Trump's emergency declaration; and

WHEREAS, House Joint Resolution 46 will be heard by the United States Senate; and

WHEREAS, it is the duty and responsibility of the federal government to protect national borders and secure the sovereignty of the United States as well as to enforce immigration and employment laws for the protection of American citizens; and

WHEREAS, the enforcement of existing federal immigration laws, especially those regarding national security, immigration, and employment are necessary for the preservation of the sovereignty of this nation and the well-being of the American people; and

WHEREAS, Congress has been woefully remiss in its duties to protect our national borders and enforce existing federal immigration laws creating a constitutional crisis and national emergency:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Fourth Legislature of the State of South Dakota, that the South Dakota Legislature rebukes Representative Dusty Johnson for his betrayal of national interests in opposing President Trump's constitutional authority as the Commander in Chief of the U.S. military; and

BE IT FURTHER RESOLVED, that the Senate urges Senators John Thune and Mike Rounds to oppose House Joint Resolution 46 and support the President of the United States in his efforts to immediately provide for the security of our nation by controlling and securing our national borders, as specifically called for within South Dakota Legislature's Senate Concurrent Resolution 4.

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

SR 5 Introduced by: Senators Nelson, DiSanto, Jensen (Phil), Monroe, and Russell

A RESOLUTION, Petitioning Congress and the President to immediately defund Planned Parenthood of all federal funding; strongly condemning the recent unrestrictive abortion laws passed in New York and Vermont; and, expressing South Dakotans' continued resolve to secure the blessings of life and liberty for our posterity.

WHEREAS, New York and Vermont recently passed abortion laws essentially making it legal to abort a baby at any stage of pregnancy, up to the moment of birth, and even removed legal protections for babies born alive from botched abortions; and

WHEREAS, according to its latest annual report, the Planned Parenthood Federation of America and its affiliates were responsible for 332,757 abortions in the United States in 2018,

thereby representing an increase of approximately 11,000 abortions from the prior year and increasing the total number of babies killed to more than an estimated 8,326,000; and

WHEREAS, Planned Parenthood's total revenue in fiscal year 2017 was $1.665 billion, including $563.8 million from tax payer funding _ record highs for both categories; and

WHEREAS, according to the Center for Responsive Politics, Planned Parenthood's advocacy and political arms spent more than $8.1 million in 2018 to elect political candidates sympathetic to their policy objectives on abortion; and

WHEREAS, according to data from the Centers for Disease Control and Prevention, Planned Parenthood provides about one-third to one-half of all abortions in the United States; and

WHEREAS, Planned Parenthood referred only 2,831 women to adoption services during the entire year of 2018 _ about 1,000 less than the year before; and

WHEREAS, Planned Parenthood claims it is a health organization, yet its annual report shows a dramatic decrease in most of its non-abortion services _ the issuance of contraceptives was down by 80,000, cancer screenings were down by 45,000, and other women's health services, such as well-woman exams and prenatal services decreased by 13,000; and

WHEREAS, Planned Parenthood President Dr. Leana Wen recently acknowledged that abortion is not just a service the organization provides, but it is Planned Parenthood's core mission; and

WHEREAS, in July 2015, investigative journalists with the Center for Medical Progress began releasing a series of undercover videos in which various senior leaders of Planned Parenthood spoke in astonishingly frank and horrific ways about unborn babies, their use of illegal abortion methods, and their harvesting of tissues and organs from unborn babies to further profit from the practice of abortion; and

WHEREAS, the United States House of Representatives Select Investigative Panel on Infant Lives and the United States Senate Judiciary Committee have each made criminal referrals to the Department of Justice and the Federal Bureau of Investigation after each found evidence that Planned Parenthood and others in the abortion industry may have violated federal law by the use of illegal abortion methods, including late-term, partial-birth, and born-alive abortions, and the procurement of fetal tissue for profit; and

WHEREAS, although in 2015, the U.S. House of Representatives voted 241-187 to approve H.R. 3134, the Defund Planned Parenthood Act of 2015, the legislation has languished and Planned Parenthood continues to receive more than half a billion dollars each year from United States taxpayers; and

WHEREAS, our children and pre-born children are our posterity; and

WHEREAS, our most important blessing is the right to life; and

WHEREAS, the right to life of all innocent persons is God-given and unalienable; and

WHEREAS, it has been forty-six years since the Roe v. Wade decision of the Supreme Court of the United States and the assault on these core principles; and

WHEREAS, an estimated sixty-one million, forty-four thousand nine hundred thirty-eighty babies have been aborted in the United States since 1973; and

WHEREAS, because South Dakota Codified Law § 26-1-2 states, "A child conceived, but not born, is to be deemed an existing person so far as may be necessary for its interests in the event of its subsequent birth," every time we allow a conceived child to be aborted, we fail in our lawful duty to protect their interests:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Fourth Legislature of the State of South Dakota, that the South Dakota Legislature commits to providing all pre-born children their God-given right to exist and commits to appropriate protections by the Fifth and Fourteenth Amendments to the United States Constitution, and emphatically urges the South Dakota Supreme Court, the Governor of South Dakota, the Attorney General of South Dakota, and the Supreme Court of the United States to take all actions necessary to do so; and

BE IT FURTHER RESOLVED, that the South Dakota Legislature strongly condemns the recent unrestrictive abortion laws passed in New York and Vermont; and

BE IT FURTHER RESOLVED, that the South Dakota Legislature denounces the abortion agenda and practices of the Planned Parenthood Federation of America and its affiliates, especially their role in the killing of 332,757 precious unborn babies in 2018, the use of particularly gruesome abortion methods, and profiteering from harvesting unborn babies' tissues and organs; and

BE IT FURTHER RESOLVED, that the South Dakota Legislature urges the United States Congress and President Donald Trump to defund Planned Parenthood immediately and completely end all federal government support and tax payer funding; and

BE IT FURTHER RESOLVED, that the South Dakota Legislature calls on Representative Dusty Johnson, Senator John Thune, and Senator Mike Rounds to vote against all legislation providing funding to Planned Parenthood; and

BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the President of the United States, the speaker and clerk of the United States House of Representatives, the president and secretary of the United States Senate, the Attorney General of the United States, Representative Dusty Johnson, Senator John Thune, and Senator Mike Rounds.

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

Sen. Langer moved that HB 1254, 1264, 1256, 1155, and 1066 be deferred to
Tuesday, March 5^th, the 34^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Langer moved that the reports of the Standing Committees on

Judiciary on HB 1110 as found on page 547 of the Senate Journal; also

Senate Committee on Appropriations on HB 1187 as found on page 546 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 189 Introduced by: The Committee on Appropriations

FOR AN ACT ENTITLED, An Act to establish a fund to receive civil recoveries to offset costs incurred by riot boosting, to make a continuous appropriation therefor, and to declare an emergency.

Was read the first time and referred to the Joint Committee on Appropriations

SB 190 Introduced by: The Committee on Appropriations

FOR AN ACT ENTITLED, An Act to promote pipeline construction and fiscal responsibility by establishing a fund, to authorize a special fee for extraordinary expenses, to make a continuous appropriation therefor, and to declare an emergency.

Was read the first time and referred to the Joint Committee on Appropriations

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Bolin requested that HB 1046 be removed from the Consent Calendar.

HB 1193: FOR AN ACT ENTITLED, An Act to provide a criminal penalty for causing an abortion against a pregnant mother's will.

HB 1032: FOR AN ACT ENTITLED, An Act to revise provisions regarding money transmission.

HB 1202: FOR AN ACT ENTITLED, An Act to revise the number of qualified directors of a corporation needed to take certain actions.

Were read the second time.

The question being “Shall HB 1193 pass as amended and HB 1032 and 1202 pass?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Ewing; Foster; Wiik

So the bills having received an affirmative vote of a majority of the members-elect, the President declared the bills passed and the titles were agreed to.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1055: FOR AN ACT ENTITLED, An Act to require parental notification and agreement before the institution of an order to withhold resuscitation from certain patients.

Was read the second time.

The question being “Shall HB 1055 pass as amended?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Ewing; Foster; Wiik

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.

HB 1094: FOR AN ACT ENTITLED, An Act to revise certain programs regarding transparency of the petition circulation process.

Was read the second time.

1094ja

Sen. Schoenbeck moved that HB 1094 be amended as follows:

On page 4, line 3, of the Senate State Affairs Committee engrossed bill, delete everything after "," and insert "available upon request and payment of reasonable fees".

On page 4, line 4, delete everything before ",".

Which motion prevailed.

The question being “Shall HB 1094 pass as amended?”

And the roll being called:

Yeas 19, Nays 13, Excused 3, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Greenfield (Brock); Klumb; Kolbeck; Langer; Maher; Monroe; Novstrup; Otten (Ernie); Partridge; Rusch; Schoenbeck; Stalzer; Steinhauer; Sutton; Youngberg

Nays:
Blare; DiSanto; Heinert; Jensen (Phil); Kennedy; Nelson; Nesiba; Russell; Smith (VJ); Soholt; Solano; White; Wismer

Excused:
Ewing; Foster; Wiik

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.

HB 1103: FOR AN ACT ENTITLED, An Act to establish a lemon law for certain farm machinery.

Was read the second time.

The question being “Shall HB 1103 pass?”

And the roll being called:

Yeas 31, Nays 1, Excused 3, Absent 0

Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Stalzer; Steinhauer; Sutton; White; Wismer; Youngberg

Nays:
Solano

Excused:
Ewing; Foster; Wiik

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.

HB 1050: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use and possession of scanning devices and reencoders.

Was read the second time.

The question being “Shall HB 1050 pass?”

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Greenfield (Brock); Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wismer; Youngberg

Excused:
Ewing; Foster; Heinert; Wiik

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.

HB 1272: FOR AN ACT ENTITLED, An Act to provide for remote notarization.

Was read the second time.

The question being “Shall HB 1272 pass as amended?”

And the roll being called:

Yeas 23, Nays 10, Excused 2, Absent 0

Yeas:
Bolin; Cammack; Curd; DiSanto; Heinert; Jensen (Phil); Kennedy; Langer; Monroe; Nelson; Nesiba; Novstrup; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wismer

Nays:
Blare; Cronin; Ewing; Greenfield (Brock); Klumb; Kolbeck; Maher; Otten (Ernie); Partridge; Youngberg

Excused:
Foster; Wiik

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.

HB 1053: FOR AN ACT ENTITLED, An Act to revise the value of gifts permitted for certain insurance advertising or promotional programs.

Was read the second time.

The question being “Shall HB 1053 pass?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Blare; Bolin; Cammack; Cronin; DiSanto; Ewing; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wismer; Youngberg

Excused:
Curd; Foster; Wiik

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.

HB 1022: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the limitations on indemnification by the state.

Was read the second time.

The question being “Shall HB 1022 pass as amended?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wismer; Youngberg

Excused:
Foster; Wiik

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. Langer moved that HB 1216, 1181, 1212, 1204, 1111, 1171, 1201, and 1191 be deferred to Tuesday, March 5^th, the 34^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 84: FOR AN ACT ENTITLED, An Act to authorize the possession and administration of opioid antagonists by school district and nonpublic school personnel, and to declare an emergency.

SB 92: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the signature requirements for municipal elections.

SB 98: FOR AN ACT ENTITLED, An Act to repeal the sunset of a wine manufacturer license.

SB 114: FOR AN ACT ENTITLED, An Act to attribute campaign contributions by certain minors to their parents.

SB 163: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding jury lists.

HB 1001: FOR AN ACT ENTITLED, An Act to revise the timing of the recalculation of the allocations for the disability levels in the state aid to special education formula.

HB 1009: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state employment.

HB 1061: FOR AN ACT ENTITLED, An Act to provide for a court order to test for HIV at the request of victims of certain crimes.

HB 1063: FOR AN ACT ENTITLED, An Act to revise provisions regarding engaging in sexual activity for a fee or other compensation.

HB 1074: FOR AN ACT ENTITLED, An Act to provide a privilege for journalists and newscasters regarding refusal to disclose information.

HB 1196: FOR AN ACT ENTITLED, An Act to provide a definition of blockchain technology for certain purposes.

And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 37 Introduced by: Senators Wiik and Cronin and Representatives Mills and Deutsch

A LEGISLATIVE COMMEMORATION, Commending and honoring Korbin Leddy as a recipient of a 2019 Prudential Spirit of Community Award.

WHEREAS, Korbin Leddy, an esteemed resident of Stockholm, South Dakota, and a student at Milbank High School, has achieved national recognition for exemplary volunteer service by receiving a 2019 Prudential Spirit of Community Award; and

WHEREAS, this prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

WHEREAS, Mr. Leddy earned this award by giving generously of his time and energy to helping the fight to end hunger, has donated more than seven hundred fifty pounds of fresh produce from his family's garden, and runs an annual "Feed the Need Food Drive" to benefit his local pantry; and

WHEREAS, Mr. Leddy has recruited other students to donate their garden surplus and helped pack more than 24,000 fortified rice meals for Native American reservations and disaster relief efforts; and

WHEREAS, the success of the state of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young
people like Mr. Leddy who use their considerable talents and resources to serve others:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature congratulates and commends Korbin Leddy as a recipient of a Prudential Spirit of Community Award, recognizes his outstanding record of volunteer service, peer leadership, and community spirit, and extends best wishes for his continued success.

SC 38 Introduced by: Senators Bolin, Kennedy, and Stalzer and Representatives Anderson, Chaffee, Finck, Glanzer, Gosch, Hansen, Jensen (Kevin), McCleerey, Rasmussen, Reed, Reimer, Ring, Smith (Jamie), Steele, and Zikmund

A LEGISLATIVE COMMEMORATION, Honoring Alec Atwood of Beresford High School.

WHEREAS, senior Alec Atwood of Beresford High School competed at the State Cross Country Meet in Sioux Falls, South Dakota on October 20, 2018; and

WHEREAS, Alec achieved a second place finish at the 2017 state meet and it was apparent at the 4,000-meter mark that the 2018 state title would be won by Alec or the runner he defeated for second place in 2017; and

WHEREAS, in the final stretch of the race, Alec gained a small lead and crossed the finish line with a time of 16:07.84 to secure the state title; and

WHEREAS, the Beresford community supported Alec and his teammates with a large contingent of fans and backers:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the State of South Dakota, that the Legislature does hereby recognize the achievements of Alec Atwood of Beresford High School and does honor him for winning the Class A 5,000 Meter Varsity State Cross Country Championship.

Sen. Kolbeck moved that the Senate do now adjourn, which motion prevailed and at
3:49 p.m. the Senate adjourned.

Kay Johnson, Secretary