The prayer was offered by the Chaplain, Pastor Diane Jackson, followed by the Pledge of Allegiance led by House page Katy Duffy.

     Roll Call: All members present except Reps. Hills and Van Etten who were excused.

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the twenty-third day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

    Jennifer Mellette and Jordan Schander.

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

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HCR  1006 and returns the same with the recommendation that said resolution be adopted.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1294 and tabled the same.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1260 which was deferred to the 41^st Legislative Day.

"      Section 1. The Legislature recognizes the need for the safe and effective delivery of newborn babies and the health, safety, and welfare of their mothers in the delivery process.

     Section 2. The Legislature finds that the interests of public health require regulation of the practice of midwifery in this state for the purpose of protecting the health and welfare of mothers and infants.

     Section 3. Terms used in this Act mean:

     Section 5. No person may engage in the practice of midwifery without being licensed pursuant to this Act. No person may use the title, licensed midwife, describe or imply that he or she is a licensed midwife, or represent himself or herself as a licensed midwife unless the person is granted a license under this Act. A violation of this section is a Class 2 misdemeanor. The following persons are exempt from the licensure requirements of this Act when providing care during pregnancy, labor, delivery, postpartum, and newborn periods:

     Section 7. The Board of Licensed Midwives is created. The board shall consist of five members appointed by the Governor. The board membership shall include the following:

     Section 8. The terms of the initial members of the board shall be staggered by the drawing of lots with three of the initial members serving a term of three years, two of the initial members serving a term of two years, and one of the initial members serving a term of one year. Any subsequent term on the board shall be three years. The Governor shall fill any vacancy by appointment to complete the unexpired portion of that member's term. No person may serve more than three consecutive full terms on the board. The appointment to an unexpired term is not considered a full term. The board shall select a president, vice-president, and secretary at its annual meeting. The board may hire an executive secretary to perform any managerial, clerical, or other duties directed by the board.

     Section 9. The board shall hold an annual meeting at a place and time set by the board. The board may hold special meetings at a time and place set by the president or a majority of the board by giving written notice to the board prior to the meeting.

     Section 10. Three board members present at any meeting constitute a quorum. No board action may occur unless approved by a majority vote of the entire board.

     Section 11. Board members shall receive a per diem set pursuant to §  4-7-10.4 and expenses at the same rate as other state employees while actually engaged in official duties.

     Section 12. An applicant for a license as a licensed midwife shall file an application with the board in the manner, and along with an application fee, established by the board in rules promulgated pursuant to chapter 1-26. The board shall issue a license as a licensed midwife to any applicant who pays the license fee and furnishes the board with satisfactory evidence that:

     Section 13. A license issued pursuant to this Act is valid for a period of two years from the date it was issued and automatically expires unless it is renewed. The board shall notify a licensed midwife that the license will expire at least thirty days before expiration. An applicant for renewal shall submit a renewal application to the board on a form provided by the board and shall include the required renewal fee, which is not refundable. Any person who submits a license renewal late shall submit a seventy-five dollar late fee. Any person who has not renewed the license within one year of the renewal date shall reapply for a license.

     Section 14. The board may promulgate rules pursuant to chapter 1-26 to establish standards of professional practice for licensed midwives. Any rule regarding the practice of midwifery shall be consistent with the Midwives Alliance of North America's Standards and Qualifications for the Art and Practice of Midwifery. The board may promulgate rules in the following areas:

     Section 18. A licensed midwife may administer oxygen in the practice of midwifery. A licensed midwife may obtain, possess, and administer, in the practice of midwifery, intramuscular oxytocin (Pitocin®) and Methergine® as postpartum antihemorrhagic agents, Rho D immunolglobulin, vitamin K, eye prophylaxis, and any other drug as determined by the board.

     Section 19. A licensed midwife may obtain and use any equipment or devices necessary to assess or treat the childbearing woman or her newborn, to maintain aseptic technique, to respond to emergencies requiring immediate attention, and to resuscitate the mother and newborn when attending an out-of-hospital birth, including resuscitation equipment, oxygen, emergency medications, and suture.

     Section 20. A licensed midwife shall, at an initial consultation with a client, provide a copy of an informed consent document to be signed by the licensed midwife and the client and disclose to the client, in writing, all of the following:

     Section 23. The board may not grant or renew a license under this Act to any person who has been convicted of a felony.

     Section 24. The board shall assist the public as follows:

     Section 26. The practice of midwifery in South Dakota prior to the effective date of this Act does not constitute grounds for disciplinary action by the board or any other state board or agency.

     Section 27. If a licensed midwife seeks to consult with, refer, or transfer a client to a licensed health care provider or facility, the responsibility of the provider or facility for the client does not begin until the client is physically within the care of the provider or facility.

     Section 28. A health care provider who examines a licensed midwife's client is only liable for the actual examination and may not be held accountable for the client's decision to pursue an out-of-hospital birth or the services of a licensed midwife.

     Section 30. A health care provider may not be held civilly liable for rendering emergency medical services that arise from use of prohibited medications or surgical procedures on the part of the licensed midwife unless the emergency medical services constitute gross negligence or reckless disregard for the client.

     Section 31. A licensed midwife is solely responsible for the use of medications under this Act unless given under the direction of a licensed physician or other health care provider.

     Section 32. No person may obtain or attempt to obtain a license under this Act through bribery or fraudulent misrepresentation. A violation of this section is a Class 2 misdemeanor.

     Section 33. Nothing in this Act limits the right of any hospital to determine who shall have practice privileges in the facility.

     Section 34. No physician is liable for any care rendered by a midwife to a client if that client subsequently enters the care of a physician.

     Section 35. That chapter 36-9A be amended by adding thereto a NEW SECTION to read as follows:

     Section 36. That chapter 36-4 be amended by adding thereto a NEW SECTION to read as follows:

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1231 and returns the same with the recommendation that said bill be amended as follows:

"
     Section 1. That § 43-45-14 be amended to read as follows:

     43-45-14.   The For purposes of garnishment, the earnings of a debtor are exempt from process or levy only to the extent provided in §§ 21-18-51 and 21-18-52 to 21-18-53, inclusive. For the purposes of a petition filed pursuant to 11 U.S.C. §  301 et. seq. only, a debtor's claimed exemptions may include earned, but unpaid earnings, whether or not such earnings have been garnished, subject to the limits of §  43-45-4 and provisions of 11 U.S.C. §  547 . "

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1072 and returns the same with the recommendation that said bill be amended as follows:

"      Section 1. There is hereby established a statewide 24/7 sobriety program to be administered by the Office of the Attorney General. The program shall coordinate efforts among various state and local government entities for the purpose of finding and implementing alternatives to incarceration for certain offenses that involve driving under the influence and other offenses involving alcohol, marijuana, or controlled substances.

     Section  2. There is hereby established in the state treasury the 24/7 sobriety fund. The fund shall be maintained and administered by the Office of the Attorney General to defray costs of operating the 24/7 sobriety program, including purchasing and maintaining equipment and funding support services. The Office of the Attorney General may accept for deposit in the fund money from donations, gifts, grants, and user fees or payments. Expenditures from the fund shall be budgeted through the normal budget process. Unexpended funds and interest shall remain in the fund.

     Section 3. Each county, through its sheriff, may participate in the 24/7 sobriety program. If a sheriff is unwilling or unable to participate in the 24/7 sobriety program, the sheriff may designate an entity willing to provide the service. If twice a day testing is ordered, the sheriff, or designated entity, shall establish the testing locations and times for each county but shall have at least one location and two daily testing times approximately twelve hours apart.

     Section 4. The court may condition any bond or pre-trial release upon participation in the 24/7 sobriety program and payment of associated costs and expenses.

     Section 5. The court may condition the granting of a suspended imposition of sentence, suspended execution of sentence, or probation upon participation in the 24/7 sobriety program and payment of associated costs and expenses.

     Section 6. The court may condition the placement of a child pursuant to §  26-8A-22 or 22-8A-26 on participation in the 24/7 sobriety program and payment of associated costs and expenses.

     Section 7. The Board of Pardons and Paroles, the Department of Corrections, or any parole agent may condition parole upon participation in the 24/7 sobriety program and payment of associated cost and expense.

     Section 8. The Office of the Attorney General, pursuant to chapter 1-26, may promulgate rules for the administration of this Act to:

     Section 11. The attorney general shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 12. That § 32-23-23 be amended to read as follows:

     32-23-23.   Any driving permit issued by the court to any person, who has been convicted of a violation of § 32-23-1 within the last ten years or any driving permit issued pursuant to § 32-23-2, if that person had 0.17 percent or more by weight of alcohol in that person's blood, shall be conditioned on the person's total abstinence from the use of alcohol the person's participation in the 24/7 sobriety program created by this Act, and payment of associated costs and expenses . The court shall immediately revoke the permit upon a showing of proof by a preponderance of the evidence that the person has violated this condition. The provisions of this section shall become effective on January 1, 2008.

     Section 13. That § 26-8A-22 be amended to read as follows:

     26-8A-22.   On completion of the dispositional phase of the proceeding, the court shall enter a final decree of disposition. If the final decree of disposition does not terminate parental rights, the decree shall include one or more of the following provisions which the court finds appropriate as the least restrictive alternative available:

home visits by the department and may require the parent, guardian, custodian, and any other adult residing in the home, to submit, at the request of the department, to tests for alcohol, marijuana, or any controlled drug or substance. If the adjudication of abuse or neglect was related to the use of alcohol, marijuana, or any controlled drug or substance, the parent, guardian, or custodian, and any other adult residing in the home, may be required, in those areas where such testing is available, to submit to regular tests for alcohol, marijuana, or any controlled drug or substance. If a positive test for alcohol, marijuana, or any controlled drug or substance is obtained, or the person fails to submit to the test as required, the department may immediately remove the child from the physical custody of the parent, guardian, custodian, or any other adult residing in the home whose test was positive or who failed to submit to the test, without prior court order subject to a review hearing, which may be telephonic, within forty-eight hours excluding Saturdays, Sundays, and court holidays. As used herein, any controlled drug or substance means a controlled drug or substance which was not lawfully prescribed by a practitioner as authorized by chapters 22-42 and 34-20B ;

     26-8A-26.   If an adjudicated, abused, or neglected child whose parental rights have not been terminated has been in the custody of the Department of Social Services and it appears at a dispositional or review hearing that all reasonable efforts have been made to rehabilitate the family, that the conditions which led to the removal of the child still exist, and there is little likelihood that those conditions will be remedied so the child can be returned to the custody of the child's parents, the court shall affirmatively find that good cause exists for termination of the parental rights of the child's parents and the court shall enter an order terminating parental rights. If the court does not find at the hearing, which shall be conducted in the same manner as a dispositional hearing, that good cause exists for termination of parental rights, the court may make further disposition of the child as follows:

Also MR. SPEAKER:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1219, 1254, and 1309 which were deferred to the 41^st Legislative Day.

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1262 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1293 and returns the same with the recommendation that said bill be amended as follows:

"      Section 1. The following bill, which is hereby agreed to, is referred to a vote of the people of the State of South Dakota at the next general election:

FOR AN ACT ENTITLED: An Act to regulate the performance of certain abortions, to reinstate the prohibition against certain acts causing the termination of the life of an unborn human being, and to prescribe a penalty therefor.

BE IT ENACTED BY THE PEOPLE OF SOUTH DAKOTA:

     Section 1. The people of the State of South Dakota find:

each sufficient to perform forensic DNA analysis. After obtaining such samples, the physician shall secure, clearly label and refrigerate the samples, until transferred to law enforcement;

     Section 4. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

     Section 5. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

     Section 7. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

     Section 8. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

     Section 10. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

     Section 11. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

     Section 12. That chapter 34-23A be amended by adding thereto a NEW SECTION to read as follows:

     Section 13. That chapter 22-22 be amended by adding thereto a NEW SECTION to read as follows:

     Section 14. That chapter 22-22A be amended by adding thereto a NEW SECTION to read as follows:

     Section 15. Nothing in this Act repeals, by implication or otherwise, any provision not explicitly repealed.

     Section 16. If any provision of this Act is found to be unconstitutional or its enforcement temporarily or permanently restrained or enjoined by judicial order, the provision is severable; and the other provisions of this Act remain effective, except as provided in other sections of this Act.

Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1247 which was deferred to the 41^st Legislative Day.

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Nays:
Van Norman

     Excused:
Hills; Van Etten

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

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Ahlers; Boomgarden; Bradford; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup (Al); Novstrup (David); Nygaard; Olson (Betty); Olson (Russell); Olson (Ryan); Pederson (Gordon); Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick

     Excused:
Hills; Van Etten

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     Excused:
Hills; Van Etten

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     Excused:
Hills; Van Etten

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     Was read the second time.

     Excused:
Hills; Van Etten

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     Nays:
Buckingham

     Excused:
Hills; Van Etten

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     Nays:
Buckingham

     Excused:
Hills; Van Etten

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

     Nays:
Elliott; Van Norman

     Excused:
Hills; Van Etten

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.