82nd Legislative Session _ 2007

Committee: Senate Health and Human Services
Monday, February 12, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
E    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 9, 2007

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

Gavel passed to Vice Chair Dempster

         SB 196: revise the places where smoking is prohibited.

Presented by:    Senator Tom Hansen
Proponents:    Allen E. Nord, Rapid City (Handout #1)
        Jennifer Stalley, American Cancer Society
        Paul Knecht, SD Dental Association
Opponents:    Tim Dougherty, Licensed Beverage Dealers of SD
        Ronald Olinger, SD Retailers Assn.
        Larry Mann, Video Lottery Establishments


MOTION:     AMEND SB 196

196jb
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 22-36-2 be amended to read as follows:

     22-36-2.   No person may smoke tobacco or carry any lighted tobacco product in any public place or place of employment. This section does not apply to any sleeping room in a lodging establishment as defined in § 34-18-1, to any on-sale licensee pursuant to chapter 35-4, to any video lottery licensed establishment pursuant to chapter 42-7A, to any licensee pursuant to chapter 42-7B, or to any tobacco or packaged liquor store if the store is primarily used for the sale of tobacco or alcoholic beverages, or both, and the sale of other products is merely incidental.

     A violation of this section is a petty offense. "

Moved by:    Hansen (Tom)
Second by:    Jerstad
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 196 AS AMENDED

Moved by:    Olson (Ed)
Second by:    Katus
Action:    Prevailed by roll call vote.(6-0-1-0)

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

Excused:    Gant

Gavel returned to Chair Hansen

         SB 206: permit and provide for the issuance of certificates of birth resulting in stillbirth.

Presented by:    Senator Jean Hunhoff
Proponents:    Sharon Apa, Mothers in Support & Sympathy
        Leah Mohr, Pierre
        Representative Betty Olson
        Representative Thomas Van Norman


MOTION:     DO PASS SB 206

Moved by:    Dempster
Second by:    Jerstad
Action:    Prevailed by roll call vote.(6-0-1-0)

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

Excused:    Gant

         SB 132: establish the South Dakota Health Insurance Exchange.

Presented by:    Senator Tom Dempster
Proponents:    Kevin Forsch, Governor's Office
        Darla Pollman-Rogers, Wellmark Blue Cross Blue Shield of SD
        David Hewett, SD Assn. Of Healthcare Organizations
        Bob O'Connell, Sioux Falls Area Chamber of Commerce

MOTION:     AMEND SB 132

132ja
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. There is established the Zaniya Project Task Force, which shall be attached to the South Dakota Health Care Commission. The task force shall develop a plan, complete with action steps and timelines, to provide health insurance to South Dakota residents who lack health insurance coverage. The task force shall seek to create efficiencies in the purchase of health insurance products. For any new proposal it recommends, the task force shall prepare cost estimates and designate funding sources. As part of its charge, the task force shall explore and pursue opportunities available from the federal government.

     Section 2. The Zaniya Project Task Force shall be comprised of four legislators and other members appointed by the Governor as described in this section. The speaker of the House of Representatives shall appoint two legislators who are members of the House and the president pro tempore of the Senate shall appoint two legislators who are members of the Senate. The Governor shall appoint no less than two representatives of each of the following groups:

             (1)    Health care providers;
             (2)    Health care facilities;
             (3)    Insurance carriers and producers;
             (4)    Employers;
             (5)    State government;
             (6)    Lay persons; and
             (7)    Trade associations.
                
     Section 3. The Zaniya Project Task Force shall provide its final report to the Health Care Commission, the Governor, and the Legislature by September 30, 2007.

     Section 4. The provisions of this Act are repealed on March 1, 2008.

     Section 5. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."


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

MOTION:     AMEND THE AMENDMENT

132jb
     In the previously adopted amendment (132ja), in section 2, delete subdivisions (6) and (7) and insert:

"

             (6)    Lay persons;
             (7)    Trade associations; and
             (8)    Tribal health professionals."

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

MOTION:     DO PASS SB 132 AS AMENDED

Moved by:    Olson (Ed)
Second by:    Jerstad
Action:    Prevailed by roll call vote.(7-0-0-0)

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

MOTION:     TO AMEND TITLE OF SB 132



132jta
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "establish the Zaniya Project Task Force, to prescribe its mission and composition, and to declare an emergency.".

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

         SB 129: establish a health reinsurance pool to spread the expenses of high-cost individuals.

MOTION:     TO TABLE SB 129

Moved by:    Dempster
Second by:    Olson (Ed)
Action:    Prevailed by roll call vote.(7-0-0-0)

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

         SB 130: require hospitals to report additional information on hospital reimbursements and to report performance outcome data and to provide that this information be available on the Department of Health's web site.

MOTION:     TO TABLE SB 130

Moved by:    Dempster
Second by:    Olson (Ed)
Action:    Prevailed by roll call vote.(7-0-0-0)

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

         SB 131: require that all state residents obtain health insurance, to provide assistance to those who cannot afford health insurance, and to provide penalties for those who can afford health insurance but do not have health insurance.

MOTION:     TO TABLE SB 131

Moved by:    Dempster


Second by:    Olson (Ed)
Action:    Prevailed by roll call vote.(7-0-0-0)

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

         SB 133: require itemized statements of charges to patients receiving medical care or services.

MOTION:     TO TABLE SB 133

Moved by:    Dempster
Second by:    Olson (Ed)
Action:    Prevailed by roll call vote.(7-0-0-0)

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

MOTION:     RECONSIDER SB 208

Moved by:    Dempster
Second by:    Jerstad
Action:    Prevailed by roll call vote.(6-1-0-0)

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

Voting No:    Gant

MOTION:     ADJOURN

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

Peggy Hyde

____________________________

Committee Secretary
Tom Hansen, Chair