81st Legislative Session _ 2006

Committee: Senate State Affairs
Friday, February 17, 2006

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Abdallah
P    McCracken
P    McNenny
P    Moore
E    Olson (Ed)
P    Schoenbeck
P    Sutton (Dan)
P    Koskan, Vice-Chair
P    Bogue, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Eric Bogue, Chair

MOTION:     TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 14, 2006

Moved by:    McCracken
Second by:    Moore
Action:    Prevailed by voice vote.

        Andy Gerlach, Department of Veterans and Military Affairs, addressed the committee.

        General Steven R. Doohen addressed the committee.

MOTION:     CONFIRM APPOINTMENT OF STEVEN R. DOOHEN, MINNEHAHA COUNTY, HARTFORD, SOUTH DAKOTA, AS THE ASSISTANT ADJUTANT GENERAL, AIR

Moved by:    Moore

Second by:    Abdallah
Action:    Prevailed by roll call vote.(8-0-1-0)

Voting Yes:    Abdallah, McCracken, McNenny, Moore, Schoenbeck, Sutton (Dan), Koskan, Bogue

Excused:    Olson (Ed)

        General Keith W. Corbett addressed the committee.

MOTION:     CONFIRM APPOINTMENT OF KEITH W. CORBETT, BROOKINGS COUNTY, BROOKINGS, SOUTH DAKOTA, AS THE ASSISTANT ADJUTANT GENERAL, ARMY

Moved by:    Abdallah
Second by:    McNenny
Action:    Prevailed by roll call vote.(8-0-1-0)

Voting Yes:    Abdallah, McCracken, McNenny, Moore, Schoenbeck, Sutton (Dan), Koskan, Bogue

Excused:    Olson (Ed)

         HB 1247: revise certain provisions relating to educational benefits for spouses of members of the South Dakota National Guard.

Presented by:    Andy Gerlach, Department of Veterans and Military Affairs

MOTION:     DO PASS HB 1247

Moved by:    Schoenbeck
Second by:    Moore
Action:    Prevailed by roll call vote.(8-0-1-0)

Voting Yes:    Abdallah, McCracken, McNenny, Moore, Schoenbeck, Sutton (Dan), Koskan, Bogue

Excused:    Olson (Ed)

MOTION:     PLACE HB 1247 ON CONSENT CALENDAR

Moved by:    Schoenbeck
Second by:    Moore
Action:    Prevailed by voice vote.

         HB 1016: provide for the creation of a renewable electricity and recycled energy renewable energy credit system by the Public Utilities Commission.

Presented by:    Bob Sahr, Public Utilities Commission
Proponents:    Dustin Johnson, Public Utilities Commission
        Gary Hanson, Public Utilities Commission
        Bob Miller, SD Electric Utilities

MOTION:     DO PASS HB 1016

Moved by:    Schoenbeck
Second by:    Abdallah
Action:    Prevailed by roll call vote.(8-0-1-0)

Voting Yes:    Abdallah, McCracken, McNenny, Moore, Schoenbeck, Sutton (Dan), Koskan, Bogue

Excused:    Olson (Ed)

MOTION:     PLACE HB 1016 ON CONSENT CALENDAR

Moved by:    Schoenbeck
Second by:    McCracken
Action:    Prevailed by voice vote.

         HB 1198: require inspections of certain facilities by the Department of Health.

Presented by:    Senator Brock Greenfield
Proponents:    Representative Roger Hunt
        Representative Elizabeth Kraus
        Cindy Flakoll, Concerned Women For America
        Travis Benson, Catholic Diocese of Sioux Falls
Opponents:    Kate Looby, Planned Parenthood, Sioux Falls
        Jennifer Ring, ACLU of The Dakotas
        Dave Gerdes, SD State Medical Association
        Joyce M. Eckblad, MD, self, Brookings
         Jane Murphy, SD Advocacy for Women and SD Coalition Against Domestic Violence & Sexual Assault

MOTION:     AMEND HB 1198

1198rb
     On the House engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 34-23A be amended by adding thereto a NEW SECTION to read as follows:

     For the purposes of this Act, a qualified person is any licensed physician or any agent of the physician who is a licensed psychologist, licensed social worker, licensed professional counselor, or licensed registered nurse.

     Section 2.That chapter 34-23A be amended by adding thereto a NEW SECTION to read as follows:

     For the purposes of this Act, the term, risk factor, means any physical, psychological, emotional, demographic, or situational factor that is statistically associated, which means there is less than a five percent chance that the results were due to sampling error, with one or more complications associated with abortion, wherein the significant results were published no less than twelve months prior to the abortion in any peer-reviewed journals indexed by the National Library of Medicine's search services, PubMed or MedLine, or in any journal included in the Thomson Scientific Master Journal List.

     For the purposes of this Act, the term, complication associated with abortion, means any adverse physical, emotional, behavioral, familial, or psychological reaction that is statistically associated with abortion, which means there is less than a five percent chance that the results were due to sampling error.

     Section 3. Except in the case of a medical emergency, in addition to whatever requirements exist under the common or statutory law of this state, it is an act of medical negligence to perform an abortion unless:

             (1)    Before the physician performs an abortion, a qualified person has evaluated the woman to identify the presence of any risk factors and informed her and the physician of the results of this evaluation in writing, which includes at least a checklist identifying both the positive and negative results of the evaluation for each risk factor;
             (2)    In the event that any risk factors were identified, the patient has been fully informed by a qualified person about each complication associated with abortion that is associated with each risk factor that was identified. In the event that risk factors are known to be interrelated and may compound the risk of adverse reactions, these interrelated effects shall also be explained;
             (3)    In the event that any risk factors were identified, the qualified person who has provided the screening and counseling provides a written statement to the patient and the physician certifying, to the best of the qualified person's knowledge, that the patient fully understands and appreciates the significance of the risk factors discussed and her increased exposure to any related adverse reactions. The risk factors and associated complications associated with abortion shall be listed in this certificate.

     Section 4. Nothing in this Act may be construed to render any of the requirements otherwise imposed by common law or existing statutory law inapplicable to abortion procedures or diminish the nature or the extent of those requirements. The disclosure requirements expressly set forth in this Act are an express clarification of, and are in addition to, those common law disclosure requirements."

Moved by:    Schoenbeck
Second by:    Koskan
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1198 AS AMENDED

Moved by:    Schoenbeck
Second by:    Koskan
Action:    Failed by roll call vote.(4-4-1-0)

Voting Yes:    Abdallah, McNenny, Schoenbeck, Koskan

Voting No:    McCracken, Moore, Sutton (Dan), Bogue

Excused:    Olson (Ed)

MOTION:     TO AMEND TITLE OF HB 1198

1198rta
     On page 1, line 1 of the House engrossed bill, delete everything after " Act to " and insert "define the applicable standard of care in regard to screening of risk factors for all abortions except in the case of a medical emergency.".

     On page 1 , delete line 2 .

Moved by:    Koskan
Second by:    Schoenbeck
Action:    Prevailed by voice vote.

MOTION:     DEFER HB 1198 UNTIL WEDNESDAY, FEBRUARY 22, 2006

Moved by:    Schoenbeck
Second by:    Koskan
Action:    Prevailed by voice vote.


         HB 1215: establish certain legislative findings, to reinstate the prohibition against certain acts causing the termination of an unborn human life, to prescribe a penalty therefor, and to provide for the implementation of such provisions under certain circumstances.

Presented by:    Representative Roger Hunt
Proponents:    Senator Julie Bartling
        Carrie Sanchez, self, Sioux Falls
        Nicole Osmundson, self, Sioux Falls
Opponents:    Jennifer Ring, ACLU of The Dakotas
        Kate Looby, Planned Parenthood, Sioux Falls
        Senator Stanford Adelstein (Document 1)
        Joyce M. Eckblad, MD, self, Brookings
         Jane Murphy, SD Advocacy for Women and SD Coalition Against Domestic Violence & Sexual Assault (Document 2)

MOTION:     AMEND HB 1215

1215rd
     On page 2, line 3 of the printed bill, after " prohibited. " insert "Moreover, the Legislature finds that the guarantee of due process of law under the Constitution of South Dakota applies equally to born and unborn human beings, and that under the Constitution of South Dakota, a pregnant mother and her unborn child, each possess a natural and inalienable right to life.".

Moved by:    Schoenbeck
Second by:    Koskan
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1215 AS AMENDED

Moved by:    Schoenbeck
Second by:    Koskan
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1215

1215fb
     On page 2, line 22 of the printed bill, after " mother " insert "or terminates a pregnancy which was the result of rape or incest".

Moved by:    McCracken
Action:    Died for a lack of a second

MOTION:     DO PASS HB 1215 AS AMENDED

Moved by:    Schoenbeck
Second by:    Koskan
Action:    Prevailed by roll call vote.(5-1-3-0)

Voting Yes:    Abdallah, Schoenbeck, Sutton (Dan), Koskan, Bogue

Voting No:    McCracken

Excused:    McNenny, Moore, Olson (Ed)

MOTION:     ADJOURN

Moved by:    Abdallah
Second by:    Schoenbeck
Action:    Prevailed by voice vote.

Nancy Benson

____________________________

Committee Secretary
Eric H. Bogue, Chair

../02170745.SST
Page 1