93rd Legislative Session _ 2018

Committee: Senate Health and Human Services
Wednesday, January 31, 2018

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Greenfield (Brock)
P    Jensen (Phil)
P    Killer
P    Klumb
P    Rusch
P    Tapio, Vice-Chair
P    Soholt, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Deb Soholt, Chair.

MOTION:    TO APPROVE THE MINUTES OF WEDNESDAY, JANUARY 24, 2018

Moved by:    Jensen (Phil)
Second by:    Klumb
Action:    Prevailed by voice vote.

        THE CHAIR DEFERRED SB 106 UNTIL LATER IN MEETING

    SB 109: repeal the licensing requirements for interpreters for the deaf.

Presented by:    Senator Jensen (Phil)

MOTION:    AMEND SB 109

109db

    On the printed bill, delete everything after the enacting clause and insert:
"    Section 1. That § 1-36A-10.1 be amended to read:

    1-36A-10.1. The Department of Human Services shall register and renew the registration annually of any person certified in accordance with § 1-36A-10.4 or 1-36A-10.5 who demonstrates compliance with §§ 1-36A-10.1 to 1-36A-16, inclusive, and who pays the applicable fees unless good cause exists to deny the registration.

    Section 2. That § 1-36A-10.3 be amended to read:

    1-36A-10.3. No person may do any of the following with respect to providing interpreting services for any person who is deaf or hard-of-hearing for a fee or other remuneration unless certified pursuant to § 1-36A-10.4 or 1-36A-10.5 and registered with the Department of Human Services:

            (1)    Engage in the practice of, or offer to engage in the practice of, interpreting;
            (2)    Use the title, interpreter, in connection with the person's name; or
            (3)    Use the title, interpreter, in advertisements or descriptions.
    A violation of this section is a Class 2 misdemeanor.

    Section 3. That § 1-36A-10.4 be amended to read:

    1-36A-10.4. The Department of Human Services may issue provisional certification registration to a person who:

            (1)    Has graduated from a postsecondary degree program of two years or more accredited in interpreter preparation or interpreter education;
            (2)    Participates in a department approved plan of up to five years in preparation for national testing that includes continuing education units and mentoring Within one year of graduation is preparing for national certification pursuant to subdivision 1-36A-10.5(1), (2), or (3); and
            (3)    Registers annually with the department.
    Provisional certification registration may be granted for no more than five years.

    Section 4. That § 1-36A-10.5 be amended to read:

    1-36A-10.5. Any person may be certified registered if the person is certified by, and in good standing with, at least one of the following and the Department of Human Services finds such certification has met minimum competency standards as established by rules promulgated pursuant to chapter 1-26:

            (1)    Certified by the Registry of Interpreters for the Deaf;
            (2)    Certified by the National Association of the Deaf; or
            (3)    Certified by the Educational Interpreters Proficiency Assessment with a score of at least 3.5; or
            (4)    Certified by the Department of Human Services prior to July 1, 2006.
    A person certified pursuant to subdivision (4) may continue this certification only if the person

completes eighty continuing education contact hours every four years, remains in good standing with the department, and registers annually with the department. Any person certified pursuant to this section shall register annually with the department.

    Section 5. That § 1-36A-10.6 be amended to read:

    1-36A-10.6. Any person may engage in interpreting during the worship service of any religious organization without being certified pursuant to § 1-36A-10.4 or 1-36A-10.5 and registered with the Department of Human Services. Notwithstanding a person's level of certification or lack of certification, the person who is deaf or hard-of-hearing has the right to choose any person who is capable of providing interpreting services.

    Section 6. That § 1-36A-11 be amended to read:

    1-36A-11. The Department of Human Services shall maintain, and publish, and make available upon request a registry of all certified interpreters and their respective levels of qualification.

    Section 7. That § 1-36A-12 be repealed.

    1-36A-12. The Department of Human Services may promulgate rules pursuant to chapter 1-26 to establish continuing education requirements for individuals registered with the department pursuant to subdivision 1-36A-10.5(4), to establish qualifications, continuing education requirements, extension or exception options to continuing education requirements, mentoring requirements, and requirements for an approved plan for provisional certification pursuant to § 1-36A-10.4, to establish qualifications for interpreters serving in medical, educational, or legal settings, to establish a code of professional conduct and standard of practice, and to establish a procedure for discipline.

    Section 8. That § 1-36A-13 be repealed.

    1-36A-13. The fund for certification of interpreters for the deaf in the state treasury is renamed the fund for registration of interpreters for the deaf. All fees received by the Department of Human Services and money collected under § 1-36A-15 shall be deposited in the fund. Any money in the fund is continuously appropriated to the department for expenses incurred in the provisional certification and registration of interpreters for the deaf and may be expended by the secretary of human services.

    Section 9. That § 1-36A-14 be amended to read:

    1-36A-14. Any balance of fees received by the Department of Human Services after payment of compensation and expenditures may be expended by the secretary of human services only in administering §§ 1-36A-10.1 to 1-36A-16, inclusive in the fund from the registration of interpreters

shall be transferred to the general fund.

    Section 10. That § 1-36A-15 be repealed.

    1-36A-15. The Department of Human Services shall promulgate rules pursuant to chapter 1-26 to establish the following nonrefundable fees for provisional certification and registration:

            (1)    For provisional certification, not more than three hundred twenty-five dollars;
            (2)    For initial registration, not more than fifty dollars;
            (3)    For annual renewal of registration, not more than thirty-five dollars;
            (4)    For effecting a name change upon the records of a registrant, not more than ten dollars;
            (5)    For issuing a duplicate registration, not more than ten dollars; and
            (6)    For initial registration and annual renewal of persons certified pursuant to subdivision 1-36A-10.5(4), not more than seventy-five dollars . "


Moved by:    Tapio
Second by:    Jensen (Phil)
Action:    Failed by roll call vote. (2-5-0-0)

Voting Yes:    Jensen (Phil), Tapio

Voting No:    Greenfield (Brock), Killer, Klumb, Rusch, Soholt

MOTION:    DEFER SB 109 TO THE 41ST LEGISLATIVE DAY

Moved by:    Tapio
Second by:    Klumb
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Greenfield (Brock), Jensen (Phil), Killer, Klumb, Rusch, Tapio, Soholt

    HB 1027: revise certain provisions regarding the maximum number of apprentices in a salon.

Presented by:    Kate Boyd, SD Cosmetology Commission
Proponents:    Tom Poloncic, self, Rapid City

MOTION:    DO PASS HB 1027

Moved by:    Greenfield (Brock)
Second by:    Klumb
Action:    Prevailed by roll call vote. (7-0-0-0)
Voting Yes:    Greenfield (Brock), Jensen (Phil), Killer, Klumb, Rusch, Tapio, Soholt

MOTION:    PLACE HB 1027 ON CONSENT CALENDAR

Moved by:    Greenfield (Brock)
Second by:    Klumb
Action:    Prevailed by voice vote.

    SB 106: establish certain provisions regarding the placement of a foster child with a relative or close family friend.

Presented by:    Senator Jensen (Phil)
Proponents:    Norman Woods, Family Heritage Alliance Action
Others:    Virgena Wieseler, Department of Social Services

MOTION:    AMEND SB 106

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

"    Section 1. That § 26-7A-19 be amended to read:

    26-7A-19. If the child is an apparent, alleged, or adjudicated abused or neglected child, after the temporary custody hearing the court may:

            (1)    Order the release of the child from temporary custody, either with or without restriction or condition or upon written promise of the child's parents, guardian, or custodian regarding the care and protection of the child; or

            (2)    Continue the temporary custody of the child under the terms and conditions for duration and placement that the court requires, including placement of temporary custody of the child with the Department of Social Services, in foster care or shelter. The court and the Department of Social Services shall give placement preference to a relative or, custodian, or an individual, not related by birth, adoption, or marriage to the child but who has an emotionally significant relationship with the child, who is available and who has been determined by the department to be qualified, provided that placement with the that relative or, custodian, or individual is in the best interest of the child. If temporary custody of the child is continued by the court, the court may provide for visitation of the child by the child's parents, guardian, custodian, or family members in keeping with the best interests of the child. If the child is in temporary custody of the Department of Social Services and has not been adjudicated as an abused or neglected child, the court shall

review the child's temporary custody placement at least once every sixty days.

    As used in this section, the term, relative, means an adult who is related to the child by blood, adoption, or marriage, and who is the child's grandparent, aunt, uncle, sibling, brother-in-law, sister-in-law, niece, nephew, great grandparent, great uncle, great aunt, first cousin, second cousin, stepparent, or stepsibling.

    As used in this section, the term, custodian, means an adult who is the biological parent, adoptive parent, or guardian of the child's sibling or half-sibling. "


Moved by:    Klumb
Second by:    Greenfield (Brock)
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 106 AS AMENDED

Moved by:    Greenfield (Brock)
Second by:    Rusch
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Greenfield (Brock), Jensen (Phil), Killer, Klumb, Rusch, Tapio, Soholt

MOTION:    PLACE SB 106 ON CONSENT CALENDAR

Moved by:    Klumb
Second by:    Greenfield (Brock)
Action:    Prevailed by voice vote.

    SB 108: revise certain provisions regarding the practice of cosmetology.

SB 108 was previously heard on Wednesday January 24, 2018 and was deferred with a pending Do Pass motion.

MOTION:    SUBSTITUTE MOTION DEFER SB 108 TO THE 41ST LEGISLATIVE DAY

Moved by:    Greenfield (Brock)
Second by:    Killer
Action:    Prevailed by roll call vote. (6-1-0-0)

Voting Yes:    Greenfield (Brock), Killer, Klumb, Rusch, Tapio, Soholt


Voting No:    Jensen (Phil)

MOTION:    ADJOURN

Moved by:    Rusch
Second by:    Tapio
Action:    Prevailed by voice vote.

Rena Ortbahn

____________________________

Committee Secretary
Deb Soholt, Chair

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