Senate Health and Human Services Minutes 02/07/2007 10:00 AM

82^nd Legislative Session _ 2007

Committee: Senate Health and Human Services

Wednesday, February 07, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Gant
P    Hansen (Tom), Chair
P    Jerstad
P    Katus
P    Olson (Ed)
P    Two Bulls
P    Dempster, Vice-Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Hansen.

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 5, 2007

Moved by:    Dempster
Second by:    Jerstad
Action:    Prevailed by voice vote.

         HB 1105: revise certain provisions related to immunity from civil liability for the placement and use of automated external defibrillators.

Presented by:    Representative Don Van Etten
Proponents:    Senator Jim Lintz
        Darrin Smith, American Heart Assn.(Handout #1,2)
        David Hewett, SD Assn. Of Healthcare Organizations
        Dean Krogman, SD State Medical Assn.
        Dean Krogman, American Heart Assn.
        Paul Knecht, SD Dental Association

MOTION:     DO PASS HB 1105

Moved by:    Olson (Ed)
Second by:    Jerstad
Action:    Prevailed by roll call vote.(5-0-2-0)

Voting Yes:    Hansen (Tom), Jerstad, Katus, Olson (Ed), Two Bulls

Excused:    Gant, Dempster

         SB 180: provide for the recognition of certain adoption orders from foreign jurisdictions and to provide for the issuance of birth certificates for certain inter- country adoptions.
Previous testimony heard on February 2, 2007.
Proponents:    Senator Ben Nesselhuf
        Neil Fulton, Governor's Office

MOTION:     AMEND SB 180

On page 1 of the printed bill, delete lines 7 to 14 , inclusive, and insert:

"

Any order of adoption, guardianship, or termination of parental rights entered in compliance with the laws of another jurisdiction shall have the same effect as an order for adoption, guardianship, or termination of parental rights entered in this state.".

On page 2 , delete lines 1 to 6 , inclusive.

Moved by:    Katus
Second by:    Jerstad
Action:    Prevailed by voice vote.

MOTION:     AMEND SB 180

On page 2, line 15 of the printed bill, delete " However, if the birth occurred in a " and insert:

" If the birth occurred in a foreign nation and the adoption was finalized in a foreign nation, any circuit court of this state may issue an order, ex parte and without hearing, directing that a new certificate of birth be issued upon filing the following documentation:

(1) The adoption order from the foreign nation;

(2) A certified translation of the adoption order if necessary;

(3) Proof of the date and place of the child's birth;

(4) Proof of IR-3 immigration status; and

(5) Proof that each adopting person is a resident of this state.

The Department of Health shall issue a new certificate of birth in the new name of the child and the name of each adopting person upon receipt from the clerk of courts such information necessary to establish a new certificate of birth on a form prepared by the department. ".

On page 2 , delete lines 16 to 24 , inclusive.

Moved by:    Jerstad
Second by:    Two Bulls
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 180 AS AMENDED

Moved by:    Jerstad
Second by:    Katus
Action:    Prevailed by roll call vote.(5-0-2-0)

Voting Yes:    Hansen (Tom), Jerstad, Katus, Olson (Ed), Two Bulls

Excused:    Gant, Dempster

         SCR 2: Encouraging all school districts in South Dakota to adopt the Standards for Food and Beverages as outlined in the South Dakota Department of Education Model Wellness Policy.

Presented by:    Senator Jean Hunhoff

MOTION:     TO TABLE SCR 2

Moved by:    Olson (Ed)
Action:    Failed by lack of second.

MOTION:     DEFER SCR 2 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Olson (Ed)
Second by:    Two Bulls

Action:    Prevailed by roll call vote.(5-0-2-0)

Voting Yes:    Hansen (Tom), Jerstad, Katus, Olson (Ed), Two Bulls

Excused:    Gant, Dempster

         SCR 4: Requesting all qualifying school districts in South Dakota to use the South Dakota Department of Education developed, and South Dakota Board of Education approved, Model Wellness Policy as a guideline.

Presented by:    Senator Jean Hunhoff
Proponents:    Darrin Smith, American Heart Assn.
        Paul Knecht, SD Dental Association
        Dean Krogman, SD State Medical Assn.

MOTION:     ADOPT RESOLUTION SCR 4

Moved by:    Dempster
Second by:    Jerstad
Action:    Prevailed by roll call vote.(5-0-2-0)

Voting Yes:    Hansen (Tom), Jerstad, Olson (Ed), Two Bulls, Dempster

Excused:    Gant, Katus

         SB 208: provide for the regulation of tanning devices.

Previous testimony heard on February 5, 2007.

Proponents:    Senator Alan Hoerth
        Warren Redmond, Self (Handout #3)
        Lexi Lewis, Self
Opponents:    Bob Riter Jr., Indoor Tanning Assn.
        Tom Martinec, Department of Health
        Pat Chedester, Self
        Tammy Vavra, Self

MOTION:     AMEND SB 208

On page 5, after line 22 of the printed bill, insert:

"
Section 14. The department may promulgate rules pursuant to chapter 1-26 to establish application procedures and timelines, and to set forth standards for the posting of signs as required by this Act.".

Moved by:    Jerstad
Second by:    Two Bulls
Action:    Prevailed by voice vote.

MOTION:     DEFER SB 208 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Gant
Second by:    Olson
Action:    Prevailed by roll call vote.(4-3-0-0)

Voting Yes:    Gant, Hansen (Tom), Olson (Ed), Dempster

Voting No:    Jerstad, Katus, Two Bulls

MOTION:     ADJOURN

Moved by:    Olson (Ed)
Second by:    Katus
Action:    Prevailed by voice vote.

____________________________

Committee Secretary

Tom Hansen, Chair