94
th Legislative Session _ 2019
Committee: House Health and Human Services
Thursday, February 14, 2019
P - Present
E - Excused
A - Absent
Roll Call
P Borglum
P Deutsch
P Frye-Mueller
P Healy
P Milstead
P Miskimins
P Perry
P Rounds
P Smith (Jamie)
E St John
P York
E Wiese, Vice-Chair
P Jensen (Kevin), Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative K. Jensen.
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 12, 2019
Moved by: Healy
Second by: Perry
Action: Prevailed by voice vote.
MOTION: TO TABLE HB 1218
Moved by: Rounds
Second by: Borglum
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Borglum, Deutsch, Frye-Mueller, Healy, Milstead, Miskimins, Perry, Rounds, Smith
(Jamie), York, Jensen (Kevin)
Excused: St John, Wiese
HB 1209: clarify provisions regarding tobacco products.
Presented by: Representative Carl Perry
MOTION: AMEND HB 1209
1209ka
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 10-50-1 be amended to read:
10-50-1. Terms used in this chapter mean:
(1) "Consumer," any individual who is not a retailer or a licensed distributor or wholesaler
pursuant to § 10-50-9;
(2) "Dealer," or "retailer," any person other than a distributor or wholesaler, as defined herein,
who is engaged in this state in the business of selling cigarettes or tobacco products at
retail;
(3) "Distributor," any person engaged in this state in the business of producing or
manufacturing cigarettes, or importing into the state cigarettes, at least seventy-five
percent of which are purchased directly from the manufacturers thereof;
(4) "Licensed distributor," or "licensed wholesaler," a distributor or wholesaler licensed under
the provisions of this chapter;
(5) "Person," any individual, firm, fiduciary, partnership, limited liability company,
corporation, trust, or association, however formed;
(6) "Sale" or "sell," shall include or apply to gifts, exchanges, and barter;
(7) "Secretary," the secretary of revenue;
(8) "Tobacco products," cigars, snuff, chewing tobacco, vapor products, and any other
products made up or composed of tobacco in whole or in part, except cigarettes;
(9) "Vapor products," any noncombustible product containing nicotine that employs a heating
element, power source, electronic circuit, or other electronic, chemical, or mechanical
means, regardless of shape or size, that can be used to produce vapor from nicotine in a
solution or other form.
Section 2. That § 10-50-61 be amended to read:
10-50-61. In addition to the tax imposed by § 10-50-3, there is imposed, whether or not a sale
occurs, a tax upon all tobacco products in this state and upon any person engaged in business as a
licensed distributor or licensed wholesaler thereof, at the rate of thirty-five percent of the wholesale
purchase price of
such the tobacco products.
Such The tax shall be imposed at the time the
distributor or wholesaler brings or causes to be brought into this state tobacco products for sale;
makes, manufactures, or fabricates tobacco products in this state for sale in this state; or ships or
transports tobacco products to dealers in this state to be sold by those dealers. For the purposes of
this chapter, wholesale purchase price is the price for which a manufacturer sells tobacco products
to a licensed distributor or licensed wholesaler exclusive of any discount or other reduction.
Any licensed distributor or licensed wholesaler who has paid tax
pursuant to under this section
and subsequently sells the tobacco products to another licensed distributor or licensed wholesaler
for resale, or sells the tobacco products outside of this state, shall receive a credit for the tax paid
pursuant to under this section on
such tobacco products.
For the purposes of this section, the term, vapor product, includes any electronic cigarette,
electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor
cartridge or other container of nicotine in a solution or other form that is intended to be used with
or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product
or device, but does not include any product approved by the United States Food and Drug
Administration for sale as a tobacco cessation product and marketed and sold solely for that
purpose. "
Moved by: Rounds
Second by: Deutsch
Action: Prevailed by voice vote.
THE CHAIR DEFERRED HB 1209 UNTIL ANOTHER DAY
HB 1208: establish certain provisions regarding inspections of food service and mobile food
service establishments.
Presented by: Representative Carl Perry
Opponents: Jim Hood, South Dakota Retailers Association
Katie Sieverding, South Dakota Hotel and Lodging Association
Matt Krogman, SD Licensed Beverage Dealer and Gaming Association
MOTION: AMEND HB 1208
1208ba
On page 1 of the printed bill, delete lines 12 to 14, inclusive, and insert "The department may
promulgate rules, in accordance with chapter 1-26, regarding information to be included on each sign
or decal and the manner in which a sign or decal may be obtained.".
Moved by: Rounds
Second by: Miskimins
Action: Prevailed by voice vote.
MOTION: DEFER HB 1208 TO THE 41
ST LEGISLATIVE DAY
Moved by: York
Second by: Rounds
Action: Prevailed by roll call vote. (11-2-0-0)
Voting Yes: Borglum, Deutsch, Frye-Mueller, Healy, Milstead, Miskimins, Rounds, Smith
(Jamie), York, Wiese, Jensen (Kevin)
Voting No: Perry, St John
SB 72: provide for a form a physician must use to obtain consent to an abortion.
Presented by: Tom Hart, Office of the Governor
MOTION: AMEND SB 72
72ba
On page 1, after line 7 of the printed bill, insert:
" Section 2. This Act is effective on January 1, 2020.".
Moved by: Rounds
Second by: Smith (Jamie)
Action: Prevailed by voice vote.
MOTION: DO PASS SB 72 AS AMENDED
Moved by: Deutsch
Second by: Rounds
Action: Prevailed by roll call vote. (11-2-0-0)
Voting Yes: Borglum, Deutsch, Frye-Mueller, Milstead, Miskimins, Perry, Rounds, St John,
York, Wiese, Jensen (Kevin)
Voting No: Healy, Smith (Jamie)
HB 1190: provide for certain requirements prior to the performance of an abortion.
Presented by: Representative Fred Deutsch
MOTION: AMEND HB 1190
1190ba
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 34-23A-37 be amended to read:
34-23A-37. The Department of Health shall prepare a reporting form for physicians which shall
provide for the collection of the following information:
(1) The number of females pregnant mothers to whom the physician provided the information
described in subdivision 34-23A-10.1(1); of that number, the number provided by
telephone and the number provided in person; and of each of those numbers, and of those
pregnant mothers, the number to whom the physician provided information in the capacity
of a referring physician and the number to whom the physician provided information in
the capacity of a physician who is to perform the abortion;
(2) The number of females pregnant mothers to whom the physician provided the information
described in subdivision 34-23A-10.1(2); of that number, the number provided by
telephone and the number provided in person; of each of those numbers, the number
provided in the capacity of a referring physician and the number provided in the capacity
of a physician who is to perform the abortion; and of each of those numbers, the number
provided by the physician and the number provided by an agent of the physician;
(3) The number of females pregnant mothers who availed themselves of the opportunity to
obtain a copy of the printed information described in § 34-23A-10.3, and the number who
did not; and of each of those numbers, the number who, to the best of the reporting
physician's information and belief, went on to obtain the abortion;
(3A)(4) The number of
females pregnant mothers who availed themselves of the opportunity to
view a sonogram
image, hear the heartbeat of
her the unborn child
, or both, pursuant to
§ 34-23A-52, and the number who did not; and of each of those numbers, the number
who, to the best of the reporting physician's information and belief, went on to obtain the
abortion;
(4)(5) The number of abortions performed by the physician in which information otherwise
required to be provided at least twenty-four hours before the abortion was not provided
because an immediate abortion was necessary to avert the female's pregnant mother's
death, and the number of abortions in which such information was not so provided
because a delay would create have created a serious risk of substantial and irreversible
impairment of a major bodily function;
(5)(6) The name of the hospital or physician office;
(6)(7) The date of report by month, day, and year of the report; and
(7)(8) A unique patient number that can be used to link the report under this section to the
medical report for inspection, clarification, and correction purposes, but that which
cannot, of itself, reasonably lead to the identification of any person pregnant mother
obtaining an abortion. "
Moved by: Deutsch
Second by: Smith (Jamie)
Action: Prevailed by voice vote.
THE CHAIR DEFERRED HB 1190 UNTIL ANOTHER DAY
HB 1229: require optional services through Medicaid to be authorized through special
appropriation.
Presented by: Representative Taffy Howard (Handout(s): #1,2)
Proponents: Senator Wayne Steinhauer
Representative Chris Karr
Tonchi Weaver, South Dakota Citizens for Liberty
Opponents: Bill Snyder, Department of Social Services
Corey Brown, Sanford Health
Robert C. Riter, South Dakota Optometric Society
Tim Rave, South Dakota Association of Healthcare Organizations
Terrance Lee Dosch, South Dakota Council of Community Behavioral Health
Deb Mortenson, South Dakota Chiropractors Association
Margo D. Northrup, South Dakota Pharmacists Association
MOTION: AMEND HB 1229
1229wa
On page 2, line 15, of the printed bill, delete "provided starting" and insert "begin".
Moved by: Milstead
Second by: Perry
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1229 AS AMENDED
Moved by: Frye-Mueller
Second by: York
Action: Prevailed by roll call vote. (11-2-0-0)
Voting Yes: Borglum, Deutsch, Frye-Mueller, Milstead, Miskimins, Perry, Rounds, St John,
York, Wiese, Jensen (Kevin)
Voting No: Healy, Smith (Jamie)
MOTION: ADJOURN
Moved by: Rounds
Second by: Healy
Action: Prevailed by voice vote.
Pam Kean
____________________________
Committee Secretary
Kevin D. Jensen, Chair
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