85
th Legislative Session _ 2010
Committee: Senate Health and Human Services
Wednesday, February 03, 2010
P - Present
E - Excused
A - Absent
Roll Call
P Dempster
P Gant
P Hansen (Tom), Vice-Chair
P Jerstad
P Merchant
P Miles
P Adelstein, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Stanford Adelstein, Chair.
MOTION: TO APPROVE THE MINUTES OF MONDAY, FEBRUARY 1, 2010
Moved by: Dempster
Second by: Merchant
Action: Prevailed by voice vote.
SB 83: provide for the self-administration of prescription asthma and anaphylaxis
medication by students.
Presented by: Senator Sandy Jerstad (Handouts:1, 2, 3)
Proponents: Pat Costello, Self, Sioux Falls
Dave Hewett, SD Association of Healthcare Organizations
Laurie Bauer, Department of Health
Sandra Fusco Walker, Self, New Jersey, Teleconference
MOTION: AMEND SB 83
83ja
On page 3, after line 1 of the printed bill, insert:
" Section 4. The provisions of this Act do not apply to any of the following group living
environments:
(1) A facility operated by the Department of Corrections;
(2) A facility operated by the Department of Human Services;
(3) A group care or residential treatment facility licensed by the Department of Social
Services;
(4) A residential treatment facility accredited by the Department of Human Services;
(5) A community support provider as defined in § 27B-1-17;
(6) An intermediate care facility for the mentally retarded;
(7) A juvenile detention center or holding facility operated by a county; or
(8) A hospital or health care facility as defined in § 34-12-1.1.".
Moved by: Hansen (Tom)
Second by: Gant
Action: Was not acted on.
MOTION: AMEND THE PENDING AMENDMENT
83jb
On the pending amendment (83ja), in subdivision (6), delete "retarded" and insert "disabled".
Moved by: Merchant
Action: Withdrawn.
MOTION: AMEND SB 83
83ja
On page 3, after line 1 of the printed bill, insert:
" Section 4. The provisions of this Act do not apply to any of the following group living
environments:
(1) A facility operated by the Department of Corrections;
(2) A facility operated by the Department of Human Services;
(3) A group care or residential treatment facility licensed by the Department of Social
Services;
(4) A residential treatment facility accredited by the Department of Human Services;
(5) A community support provider as defined in § 27B-1-17;
(6) An intermediate care facility for the mentally retarded;
(7) A juvenile detention center or holding facility operated by a county; or
(8) A hospital or health care facility as defined in § 34-12-1.1.".
Moved by: Hansen (Tom)
Second by: Gant
Action: Prevailed by voice vote.
MOTION: DO PASS SB 83 AS AMENDED
Moved by: Merchant
Second by: Dempster
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Dempster, Gant, Hansen (Tom), Jerstad, Merchant, Miles, Adelstein
MOTION: PLACE SB 83 ON CONSENT CALENDAR
Moved by: Dempster
Second by: Hansen (Tom)
Action: Prevailed by voice vote.
SB 92: revise certain provisions relating to the reimbursement of referring counties
for certain mental health services.
Presented by: Jay Alderman, Self, Rapid City
Glenn Brenner, Self, Rapid City
Proponents: Terrance Dosch, SD Council of Mental Health Centers
Opponents: Eric Bogue, Corson County (Handouts: 4, 5, 6)
MOTION: DO PASS SB 92
Moved by: Dempster
Second by: Jerstad
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER SB 92 TO THE 41ST LEGISLATIVE DAY
Moved by: Hansen (Tom)
Second by: Gant
Action: Failed by roll call vote. (2-5-0-0)
Voting Yes: Gant, Hansen (Tom)
Voting No: Dempster, Jerstad, Merchant, Miles, Adelstein
MOTION: DO PASS SB 92
Moved by: Dempster
Second by: Jerstad
Action: Prevailed by roll call vote. (5-2-0-0)
Voting Yes: Dempster, Jerstad, Merchant, Miles, Adelstein
Voting No: Gant, Hansen (Tom)
SB 157: authorize the construction of nursing facilities on American Indian
reservations under certain circumstances.
Presented by: Senator Jim Bradford
MOTION: DO PASS SB 157
Moved by: Dempster
Second by: Merchant
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Dempster, Gant, Hansen (Tom), Jerstad, Merchant, Miles, Adelstein
SB 42: prohibit the employment of certain persons in unregistered family day care
homes and to provide a penalty therefor.
Presented by: Dan Todd, Department of Social Services
MOTION: AMEND SB 42
42oa
On page 1, line 7, of the printed bill, after "appears" insert "on the sex offender registry or".
On page 1, line 14, after "appears" insert "on the sex offender registry or".
On page 1, after line 14, insert:
"
Section 2. That § 26-6-14.10 be amended to read as follows:
26-6-14.10. No person who has been convicted of child abuse pursuant to chapter 26-10; a sex
offense pursuant to chapter 22-22; or, within the preceding five years, any other felony; and no
person whose name appears on the sex offender registry or on the central registry for child abuse and
neglect may:
(1) Be licensed to operate a child welfare agency pursuant to § 26-6-14;
(2) Be registered to operate a family day care home pursuant to § 26-6-14.2; or
(3) Operate an unregistered family day care home as defined in § 26-6-14.8.
Any person who has actual knowledge that some other person is violating this section and who
subsequently fails to report such violation to the state's attorney or local law enforcement is guilty
of a Class 1 misdemeanor. ".
Moved by: Jerstad
Second by: Miles
Action: Prevailed by voice vote.
MOTION: DO PASS SB 42 AS AMENDED
Moved by: Jerstad
Second by: Merchant
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Gant, Hansen (Tom), Jerstad, Merchant, Miles, Adelstein
Excused: Dempster
MOTION: PLACE SB 42 ON CONSENT CALENDAR
Moved by: Hansen (Tom)
Second by: Merchant
Action: Prevailed by voice vote.
MOTION: ADJOURN
Moved by: Jerstad
Second by: Merchant
Action: Prevailed by voice vote.
Cindy Louder
____________________________
Committee Secretary
Stanford M. Adelstein, Chair
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