94^th Legislative Session _ 2019

Committee: Senate Commerce and Energy

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Curd
P    Monroe
P    Nelson
P    Novstrup
P    Kennedy
P    Jensen (Phil), Vice-Chair
P    Stalzer, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Stalzer.

The President Pro tem has extended Senator Jensen's appointment on the Commerce and Energy Committee to replace Senator Schoenbeck and serve as vice chair through Tuesday, February 5.

MOTION:    TO APPROVE THE MINUTES OF JANUARY 29

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

Defer Appointments of Matt Judson and Pat Costello at the request of the Governor

    SB 64: require certain wind energy facilities to include aircraft detection lighting systems.

Presented by:    Senator Brock Greenfield
Proponents:    Dave Adam, SDSRRE
        Rebecca M. Terk, Dakota Rural Action
        Shad Stevens, self, Clark
Opponents:    Drew Duncan, Apex Clean Energy Inc

MOTION:    AMEND SB 64

64wa

    On page 1, line 5, of the printed bill, delete everything after "permit" and insert "after July 1, 2019,

under § 49-41B-25, the facility shall be".

    On page 1, delete lines 6 and 7, and insert "equipped with approved light-mitigating technology systems that are installed and operated in conformity with Federal Aviation Administration regulations.".

    On page 1, line 8, delete everything before "Any" .

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

MOTION:    DEFER SB 64 UNTIL FEBRUARY 7

Moved by:    Kennedy
Second by:    Nelson
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Curd, Monroe, Nelson, Novstrup, Kennedy, Jensen (Phil), Stalzer

MOTION:    SUBSTITUTE MOTION DO PASS SB 64

Moved by:    Monroe
Second by:    Jensen (Phil)
Action:    Failed by roll call vote. (3-4-0-0)

Voting Yes:    Monroe, Novstrup, Jensen (Phil)

Voting No:    Curd, Nelson, Kennedy, Stalzer

    SB 61: provide certain provisions regarding nursing facility closures.

Presented by:    Senator Wayne Steinhauer
Proponents:    Kim Malsam-Rysdon, Secretary, Department of Health
Opponents:    Mark B. Deak, South Dakota Health Care Association

MOTION:    AMEND SB 61

61je

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

"    Section 1. That chapter 34-12 be amended by adding a NEW SECTION to read:

    Notwithstanding any other provisions of this chapter, if an existing nursing facility ceases operation the authorized nursing facility beds from that existing facility will be held available by the department for eighteen months from date of closure and be available for use by an organization. The organization shall become licensed pursuant to this chapter before the organization may operate a nursing facility.

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    Section 2. That § 34-12-39.2 be amended to read:

    34-12-39.2. No new nursing facility may be constructed, operated, or maintained in this state unless the nursing facility is serving as a replacement for an existing facility and is required in order to:

            (1)    Eliminate or prevent imminent safety hazards as defined by federal, state, or local fire, building, or life safety codes or regulations;

            (2)    Comply with state licensure standards;

            (3)    Comply with accreditation or certification standards which shall be met to receive reimbursement under Title XVIII or XIX of the Social Security Act as amended to December 31, 2004;

            (4)    Respond to an emergency situation created by a natural disaster such as tornadoes, floods, fire, or explosions; or

            (5)    Improve physical conditions which are related to operational or functional deficiencies.

    The replacement nursing facility shall be located within fifteen miles of the existing facility, if the existing facility is located in a first-class municipality. If the existing facility is located outside of a first-class municipality, the replacement facility may be located within sixty miles of the existing facility. "

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

MOTION:    DO PASS SB 61 AS AMENDED

Moved by:    Kennedy
Second by:    Jensen (Phil)
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Curd, Monroe, Nelson, Novstrup, Kennedy, Jensen (Phil), Stalzer

MOTION:    ADJOURN

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

Mary Beth Fravel

Committee Secretary

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