This webcast is a service of South Dakota Public Broadcasting more information@sd.net Order prayer today is offered by Reverend Jake Cron. And the pledge of allegiance is led by Senate pages Alyssa feather from Corona and Lexi squire from Dakota Dunes.
Will you please join me as we pray together. Heavenly father today as we come before you, we recognize that in you we can find all the grace, wisdom and provision that we need for everything that we face. So in these moments, Lord, we ask for you to guide every discussion, direct every decision and give wisdom from above for every action taken. Lord, we hold on to the truth of your word, which tells us that when we place our trust completely in you, and Lee not in our own understanding that you will guide and direct our paths. I pray today that each heart would be sensitive to your leading and guidance and that you would accomplish your will through each one here today. May you pour out Your abundant blessings and your spirit upon each one as they serve this state in their communities. I pray that their service would bring them joy and purpose. In your name we pray amen.
I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation indivisible with liberty.
Secretary will call the roll.
Senator Bill Boland, Bordeaux BrightLink Castleberry Crabtree Davis diaper Diedrich Duhamel foster Frey Mueller Hoffman Han off Johnson Calum Colbeck Jack Colbeck Steve Larson Mahara Mel Hoff nessa nostra Pisky Reed roll schoenebeck Shane fish dozer, Tobin Wheeler wick wincon segment. We have a quorum, Mr. President.
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 20th 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 Senator schoenebeck chair.
Comments on that motion? Hearing none all in favor say aye. Opposed nay motion carries. Today's doctor of the day is Sirisha Sch. ERISA Raman do PhD. You stand Oh, right there. Looked at the wrong doctor. I think Dr. Raman is a resident with the peer Family Medicine Residency Program. She received her doctor of osteopathic medicine degree from Oklahoma State University Center for Health Sciences and College of Osteopathic Medicine. Dr. Ramin is a member of the South Dakota State Medical Association. Welcome to the Senate thank you for your service.
Senator Duhamel
Thank you Mr. President with a delegation from the Rapid City YMCA please stand. Please help me welcome. Rapid City YMCA CEO keys Larson three teams with their YMCA Youth Institute Director David lock and Stacy Johnson Nelson. Joining us today from the Rapid City YMCA today tomorrow together building communities together strong communities welcome.
Senator WIC. Granted,
thank you, Mr. President. I'd like to welcome Mr. Eisen Braun from the Florida School District. He brought along his social studies class stand up. So I'd like you all to welcome the Florence high school social studies class and Mr. Eisen Braun.
Welcome to the Senate.
Reports of standing committees.
Mr. President, that committee on education Senate Education met this morning they had under consideration Senate Bill 108 recommended Do pass, and Senate bills 119 151 163 and 187, which were all deferred to the 41st. Legislative Day Respectfully submitted Senator Shane fish chair. The Committee on Senate Agriculture Natural Resources, head under consideration Senate Bill 63, which was referred to the Joint Committee on Appropriations with the due pass recommendation and Senate Resolution 702, which was tabled. They also had under consideration the nomination of Lyle spring of Union Center to the state brand board. And they recommend that the Senate advise and consent to the confirmation of said reappointment and that it'd be placed on the consent calendar. And they had under consideration the nomination of Haven stoke of rapids city to the state brand board. And they return the same that the senator advise and consent to this reappointment and that it'd be placed on the consent calendar Respectfully submitted Senator OTT and chair the committee on Senate Commerce had under consideration Senate bills 179 and 188 and House Bill 1102. And they recommend do pass and that all three be placed on the consent calendar. And they also had under consideration the nomination of Darren Seeley of Wentworth, South Dakota to the to the position of Commissioner of the Bureau of human resources and returns the same with the recommendation that the Senate advise and consent to the confirmation of set appointment. Respectfully submitted Senator Wheeler Chair, Committee on set judiciary had under consideration Senate Bill 49, which was tabled Senate bills 136 and 137 which were deferred to the 41st Legislative Day and Senate bills 103 and one ad and House Bill 1041. They recommend do pass for all three and that all three be placed on the consent calendar Respectfully submitted Senator Duhamel chair and the committee on legislative procedure reports that the Office of engrossing and enrolling has carefully compared Senate bills 7173 and 85 and find the same correctly enrolled Respectfully submitted Senator showing picture.
Messages.
Mr. President, I have the honor to transmit House bills 1129 1147 1148 1162 1215 1222 and 1230, which have passed the House in your favorable consideration is requested. I have the honor to return Senate Bill 71 and 73 which have passed the house without change and I have the honor to inform the body that the House has concurred in Senate amendments to House Bill 1064. Respectfully submitted Pat chief clerk
motions and resolutions
set Senator Crabtree moves at Senate Bill 171 be deferred until Wednesday, February 15. The 24th Legislative Day
comments on that motion? Hearing none all in favor say aye. Opposed nay motion carries.
Senator Crabtree moves that Senate bills 91 142 144 143 76 175 and Senate Joint Resolution 502 be deferred until Monday February 13. The 22nd Legislative Day.
Is there a second? Comments on that motion? Hearing none all in favor say aye. Aye. Opposed nay motion carries. Consideration of committee reports
there are two Crabtree moves at the reports of the Standing Committee on state affairs on Senate bills 139 and 160 and 207 and the Committee on Transportation on Senate Bill 158 be adopted.
Comments on that motion? Hearing none all in favor say aye. Opposed nay motion carries. First Reading of House bills,
I'll spend 1129 And act to modify and establish provisions related to medical cannabis 1147 And act to provide for the organization of townships or fractions of townships 1148 An act to clarify registration and residence requirements for voting at a township meeting 1160 to an act to authorize employers to acquire and make avail available opioid antagonists 1215 And act to revise certain provisions regarding the operation of a golf cart on a state or county highway 1222 And act to limit the liability of permit and certificate issuing entities and certified use of force force instructors and House Bill 1230. enact to clarify references to the court in a condemnation action.
House bills having a first reading are assigned as follows Senate Commerce and energy gets House Bill 1230. Senate Health and Human Services gets House Bill 1129 and House Bill 1162. Senate Judiciary gets House Bill 1222. Senate local government it's House Bill 1147 and 1148. Senate Transportation gets House Bill 1215. Consent calendar.
Thank you fry Mueller requested that Senate Bill 200 be be removed from the consent calendar. The remaining bills on the consent calendar are House Bill 1047. enact to revise certain provisions regarding military affairs and House Bill 1048. An act to repeal and make technical changes to provisions regarding the board of Military Affairs.
House Bill 1047 and 1048 having had a second reading are up for consideration and final passage. Are there any questions? Hearing none the question before the Senate is final passage of House Bill 1048 and 1047 members in favor vote aye those opposed nay SIG tau please call the roll.
Senator Beall. Bolin Bordeaux? Breitling Castleberry. Crabtree gave us divert Diedrich Duhamel foster Frey Mueller. Hoffman hunt off Johnson Calum is excused. Colbeck Jack Colbeck Steve Larson, Manohar Malhotra, nessa nostra Arten Pinsky. Read, roll, Sean back, Shane fish, Stelzer. Tobin, Wheeler, wick, wink sec, Ben Davis. Mr. President, there are 34 yeas one excused.
House Bill 1047 and 1048. Having received an affirmative vote of the majority of members elect is are hereby declared passed. Any questions on the titles? Hearing none titles are deemed correct.
There being no objection we will revert to order of business five reports of standing committees.
This is a report from the Joint Committee on Appropriations they had under this morning they had under consideration Senate Bill 19 and they recommend do pass and Senate Bill 25 which was amended and then after being amended, they recommend that it do pass Respectfully submitted Senator Huff co chair.
Second reading of House bills
House Bill 1080 and act to prohibit certain medical and surgical interventions on minor patients.
House Bill 1080 Having had a second readings up for consideration and final passage. Are there any remarks?
Senator Norstrom.
Thank you, Mr. President. There's a handout on your desk that is from Drugs.com and I want to just to make everybody aware that that is my handout. Thank you. The issue of childhood gender transition has come to the forefront as medical providers in our state have become increasingly bold about the harmful chemical treatments and experimental procedures that are being conducted on children in our state. Children as young as eight years old are struggling down the path of medical transition. After one counseling sessions and a leading South Dakota physician recommends that girls struggling with their identities receive double mastectomies while in high school. We need to stand up for the vulnerable children in our state. We care deeply about children who are struggling with their identities and want to provide them with true meaningful help. Not per Minute physical damage. The bill will provide three things that will prohibit three things, the use of puberty blockers to stop healthy development, the prescription of cross sex hormones, which often leaves children sterilized, and the irreversible surgeries that leave a child's body permanently damaged. We had a robust committee hearing on this bill to D transitioners. shared their stories of taking cross sex hormones and undergoing breast and genital surgeries, only to find out that these procedures did not address the underlying issue. Childhood Trauma, anxiety, depression and other mental and physical health issues were left untreated. The witnesses spoke to the lack of support they received from the medical community when they made the decision to do transition. They also describe the permanent side effects that they are still experiencing to this day. These brave individuals found hope and healing in addressing their underlying issues and wanting to help others avoid the damaging medical path that they experienced. The science is with this bill. Hospitals in Sweden have been performing gender transition hormones on minors for decades, in 2021 made the decision to stop providing puberty blockers cross sex hormones and, and surgeries for children under the age of 18. They have seen the permanent damage that these procedures cause and cannot justify continuing the practice. Contrary to what the opponents claim. These procedures do not stop suicide. There is only one long term range study on this topic of suicide and that comes from Sweden. Studies show that five to eight years after undergoing the procedures, the suicide rate is even higher than it was before the transition as a steady state and our witnesses will confirm patients realize that their gender dysfunctionality was relevant related to other underlying issues that remain untreated by the transition. Studies show that when left to progress through their natural puberty 80 to 90% of their children struggle with their identities and will come to accept and thrive as their biological sex. That's why this bill is needed. We need to stand in the gap for vulnerable children and guide them towards true help and healing. So today I asked you to support in taking action and passing the HB 10 280. South Dakota's help, not harm act. Thank you
Senator Reid.
Thank you, Mr. President. I have an amendment. Amendment. 10 Adi and I move it at this time
motion to amend
1080 i
Yes. 10 Adi.
Motion human has been made and seconded comments on the motion to men. Senator Reid.
Thank you, Mr. President, members of the body. You know, I agree that surgery and hormone therapy should not happen before 18 years old. I agree with that. And there's irreversible harm that can happen. But puberty blockers I believe should stay in. And that's what this amendment does. puberty blockers can calm a child and anxiety so that couples counseling can begin. blockers have a place helping families navigate through an extremely difficult situation. We need to be able to give these kids a chance. Please vote for this amendment, because we don't need any more children's suicides. Thank you.
Further remarks on read motion to amend
any further remarks sir Norstrom.
Thank you, Mr. President. The Swedish study says that if you go down this path, the suicide rate actually increases five to I believe it's seven years later. So suicide's not the issue other than going down this path, you could cause those problems... on your desk is 12 pages from drugs.com. On page two is a page I want to focus on. There are different categories rare, less rare, more common, most common, etc. I just want to talk about page two. Page two is the most common side effects of Lupron which is the most common or most talked about puberty blocker and I'll just rattle them off. sickly arm back and jaw pain, bloody and cloudy urine. Blurred vision, bone pain, chest pains, difficult breathing, painful urination difficult with moving. Difficult with moving. That is such that serious dizziness, headaches, muscle pain, nausea, nervousness, pain in the arms and legs, pain in the joints, pale skin pounding in the ears, slow and fast heartbeat. That too is serious if the heart is beating at an unusual pace. Sweating, unusual bleeding, unusual tiredness and weakness. This is an unfriendly amendment. And I'd ask you to vote no. Thank you
for the remarks on the motion to amend. any member wish to speak before Senator Reid speaks a second time on the motion to amend Senator Wick.
Thank you, Mr. President. Puberty is a scary time I got a couple of kids at home that are going through it. It's not easy. There's a lot of questions. There's a lot of doubts. There's a lot of confusion, a lot of thoughts and our heads that never entered there before. But it's no reason to stop it. It's a reason to work your way through it. And if you look at this study, 80 to 90% of children will outgrow their gender dysphoria if allowed to experience national or natural puberty. So in other words, it's a tough time in life. And like I said, it's scary. But just like everything else, all you can do is go through it one day at a time and hopefully their parents are and their friends are there to go with it together. Taking drugs and trying to delay the inevitable is not the answer. Please don't put this amendment on this bill.
Thank you for the remarks, if any member wishes to speak before Senator Reid speaks in closing.
Hearing none, Senator Reid, closing comments on the motion to amend
Thank you, Mr. President. All drugs have side effects. Everybody knows when you go to the pharmacy, and you get your prescription, and there's a packet of information. And there is all that they got to tell you everything that could go on. I'm on a on a slight lighter medication to take care of joint pain. And I've gone into the clinic before with one issue. And they said, Well, we got to test you to make sure that you aren't having any internal bleeding. But the doctors are there to talk to you about what are the side effects, what could happen with this and help you make those decisions. When it comes to these children, the doctors are there, because it might not be the appropriate time to do a puberty blocker, it might not be and that's we got to rely, we got to somewhat rely on our doctors here to help us make those kinds of decisions. This is between a lot of this is between the patient, the parent and the doctor. Now there I agree. There are some things that should not happen. And I understand why we're taking this bill up. I still going there. It's true. Puberty is a tough time. And I think most children are able to work through it. But we just don't want to lose one of them. Not a single one. And we've all had them happen in our communities that's happened in my community. So let's let the parents, the children and the doctor work together to figure out what's best for that child. So they can have the best life possible and not end up in suicide. I ask you to please support this amendment.
Hearing no further remarks. The question before the Senate is read motion to amend members in favor that motion will say aye.
Opposed
Motion fails.
Well, division should be called for before I ring the gavel. That's why I hesitated.
I will do division.
Members in favor of the motion to amend will please stand
Motion to Amend fails. Further remarks on House Bill 1087. Asthma.
Thank you, Mr. President. I have an amendment at the desk 10 ad G.
10 810. Ad Genet
ad G. And you moved at this time I do. Motion to Amend by Nesiba has been seconded comments on the motion to amend Senator Nesiba.
Thank you, Mr. President, I'm, I'm going to ask you to stand in the gap for vulnerable children. There's four ways to really deal with gender incongruence, which can lead to gender dysphoria, right, you can do counseling, you can do some sort of puberty blocker, like the amendment just failed, you can do some sort of cross sex hormone, or you can do surgery. This bill bans the last three.
So all we have left is we can do mental health counseling, being able to give people access to that, what my amendment does, you'll see that it adds section one and then it's added at the top because section, disperse section is from 28. Six, the rest of the bill is amending code in Section 34. And so I put it at the top there. And since you've only had a few moments to to see it. Let me just read what it does. If I may Mr. President, can I do that it's about seven lines grant. Thank you. So the Department of Social Services shall make available mental health counseling services to any person on medical assistance under the age of 18, who is experiencing gender dysphoria. For purposes of this section, the term gender dysphoria means clinically significant distress resulting from a conflict between a person's gender and the person's gender identity. And here's the effective part. This is the heart of this amendment here. The department shall honor before August 1 2023, submit a state plan amendment to the Centers for Medicare and Medicaid Services to effectuate the coverage extension referenced in this section. We're not going to let them have surgery, we're not going to let them do cross hormone therapy. We're not going to let them use a puberty blocker. We're gonna make them rely on counseling. Let's do no harm. Let's help these kids. Let's make sure that if they need medical assistance, that they are going to be able to get access to this. Then we're going to extend Medicaid and make sure that these kids get the counseling that they need. Because we want to help and not harm these kids. Thank you, Mr. President.
For the remarks on the Nesiba motion to amend
center wick.
Mr. President, I would urge the body to defeat this amendment. This well intentioned amendment simply amounts to an unfunded mandate for the Department of Social Services. And for that I would urge you to defeat this amendment and pass the bill. Thank you.
Further remarks. Senator Norstrom.
Thank you, Mr. President. I too would ask you to vote no. This is an unfriendly amendment. It's an unfunded mandate which muddies the water. This would be a great idea for Bill next year, but it's late in the process to be adding an unfunded mandate on to a bill that's made this far through the process. So vote no thank you.
For the remarks on nesbit's, motion to amend
any member wish to speak before Senator nessa speaks a second time in closing?
Hearing none, sir No. Neza in closing on the amendment motion to amend
Thank you, Mr. President. House Bill 1080 is an unfunded mandate on sell to go to families who have a child who's undergoing gender dysphoria. You're not going to stop this right? What you're doing is you're just imposing costs on these families. So they go to another state to to be able to access this care. But you do have an ability here. If you vote for this amendment, at least you can say that you're serious about not doing harm that we want to help. We want to make sure these kids have access to counseling. And that's all this amendment does is let's make sure that these kids that needed the medical assistance that qualify for that can get access to Medicaid services so they can have counseling To help them get to another day. Thank you, Mr. President.
Hearing no further remarks, the question before the Senate is the Nesiba Motion to Amend members in favor will say aye. Opposed nay. Motion fails.
Further remarks on House Bill 1087. Larson,
members of the Senate, this is a topic which my constituents, parents doctors, the members of the LGBTQ plus communities are very concerned. That was a resounding fact when I was going door to door this summer on my campaign, and they're very concerned with the negative effects that this will have on trans youth. The proponents of this bill have relied on unproven information out of state paid testimony to make their arguments, surgeries gone wrong or simply not happening in South Dakota. This bill not only puts youth at risk, but doctors too, they will be forced to show some young patients and doctors the door who desperately need medical services. I don't know about you, but I don't need the state legislature when I'm in the doctor's office, for trans children, for parents, for doctors keep government out of this personal decision. It's an overreach, and it's an invasion of the private decision which shouldn't be occurring between families and their expert care teams. I urge you to reject this ban. Thank you.
Further remarks. Senator Bolin?
Thank you just very briefly, the good senator previously spoke about folks coming from out of state Well, I would say this, when you have this serious of an issue, we should not allow boundaries that are just that had been created on maps to make the difference as to whether we listen to someone or not. I don't believe that is a valid argument. And wherever the the proponents of this particular legislation, people came to offer support to this legislation, we should not be bound by state lines. Thank you
Further remarks. Senator Bordeaux?
Thank you, Mr. President. Well, members of the body I was in the committee. And I rise in support of our two spirited community, our youth. Gender Dysphoria is a real problem, especially in some of our native communities. And I rise in support of them. And I think that, you know, what we're doing here is a real injustice to the work that we should be doing. It feels like from the comments i i hear from young people, like we're picking on them. And we have other things up here that should be more important and more of a priority. So I think it's important to rise in favor of these folks, and show them that, you know, there are legislators who do support, what they're going through how it's difficult, and that we need mental health counseling, especially for these folks. And it's too bad to hear that money's an issue that we don't have, that this isn't an unfunded mandate to suggest that mental health should be a priority instead of these other things here. And I do agree that we couldn't find folks here in South Dakota to make our point, so we had to go elsewhere. And it looks like this is a an effort that's being driven from the outside. And we hear across the country that people are trying to push for these things. This isn't a South Dakota issue. This rarely affects anybody in South Dakota, I believe. And for those people that do it does affect I think they're already starting their campaign. That's who it affects. Thank you, Mr. President.
For the remarks on House Bill 10. At
any member wish to speak before Senator North speaks a second time in closing?
Hearing none, Senator nor strip in closing.
Thank you, Mr. President. This is about protecting our children. We do it all the time. You can't smoke. You can't drink. In some states. You can't get a tattoo. This is about allowing people to go through the transition when they hit 18 It's it's about they've got that free dumb, but this can be a really harmful path to go down. That doesn't end well. Vote yes, thank you.
Hearing no further remarks the question before the Senate is final passage of House Bill 1080. Members in favor vote aye. Those opposed nay. Secretary will please call the roll.
Senator Beall, ah. Bolin Bordeaux, Breitling Castleberry. Crabtree Davis, divert Diedrich Duhamel Foster, fry Mueller. Hoffman, Hunt off. Johnson Klum is excused. Colbeck Jack Colbeck Steve Larson Maha mailhot Neshoba North strip fishcake Reed roll schoenebeck Shank fish stalls or open Wheeler wick wink segment. Mr. President, there are 30 yeas for nays and one excused.
House Bill 1080 Having received an affirmative vote of the majority of members elect is hereby declared passed. Any questions on the title? Hearing none titles deemed Correct.
Announcements. Senator grab tree.
Quick personal privilege granted, we have the fourth grade class. I believe that standard that just came in right here from Laura Ingalls Wilder in DC spit. Yeah. All right. Guys want to stand up? Welcome to Pierre.
Senator Bill granite. Thank you, Mr. President. I would like to give the gentleman from Meade County the senator a hand for today.
Should say a thank you to associate a general contractor for providing lunch, or at least the early birds got lunch. Anybody from AGC and audience? Thank you for their announcements.
Because they're Breitling.
Thank you, Mr. President. Monday morning at eight o'clock, we will hear appropriations. We'll hear a follow up report from God and then we'll take billing hearings following that up until noon. Sir Tobin, Senate Health and Human Services will not be meeting on Monday. Senator stalls or
Senate taxation will not be meeting on Monday.
Senator Johnson,
the Senate Military and Veterans Affairs Committee has a meeting Monday 4pm. Room for 12 for bills.
So read.
Thank you, Mr. President. I guess I understand why you saw him before me. Local government will not meet Monday.
Any further announcements?
Senator Colbeck. You're holding up all the senators from going home, you know, circle back now. So it's
just like to thank the people standing or sitting right there for the jelly and peanut butter sandwiches and cookies and that they served in the President's lobby. Thank you. Thank you guys.
further announcements. Madam Secretary,
Senator Breitling moves at the Senate do now adjourn?
All in favor of the motion to adjourn will say aye. Opposed nay. Motion carries. Senate is adjourned.
