73rd Legislative Session -- 1998
Committee: House Health and Human Services
Wednesday, February 11, 1998
P - Present
E - Excused
A - Absent
Roll Call
P
Belatti
P
Davis
P
Eccarius
P
Fischer-Clemens
P
Hagen
E
Hassard
P
Kazmerzak
P
Madden
P
Peterson (Bill)
P
Van Gerpen
P
Windhorst
P
Monroe, Vice-Chair
P
Fiegen, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Kristie Fiegen, Chair.
MOTION:
TO APPROVE THE MINUTES OF February 6, 1998.
Moved by:
Representative Davis
Second by:
Representative Belatti
Action:
Prevailed by voice vote.
MOTION:
RECONSIDER THE VOTE BY WHICH HB 1302 LOST
Moved by:
Representative Monroe
Second by:
Representative Peterson (Bill)
Action:
Prevailed by roll call vote.
(7-4-2-0)
Voting yes:
Fischer-Clemens, Hagen, Madden, Peterson (Bill), Van Gerpen, Monroe, Fiegen
Voting no:
Belatti, Davis, Eccarius, Kazmerzak
Excused:
Hassard, Windhorst
MOTION:
AMEND HB 1302
j-1302a
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. The Executive Board of the Legislative Research Council is requested to conduct an
interim study of direct entry midwifery. The study shall be aimed at developing standards for the
practice of direct entry midwifery in the state.
"
Moved by:
Representative Monroe
Second by:
Representative Madden
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1302 AS AMENDED
Moved by:
Representative Madden
Second by:
Representative Monroe
Action:
Prevailed by roll call vote.
(7-4-2-0)
Voting yes:
Fischer-Clemens, Hagen, Madden, Peterson (Bill), Van Gerpen, Monroe, Fiegen
Voting no:
Belatti, Davis, Eccarius, Kazmerzak
Excused:
Hassard, Windhorst
MOTION:
TO AMEND TITLE OF HB 1302
j-1302ta
On page
1
,
line
1 of the printed bill
,
delete everything after "
to
"
and insert "
request an interim
study of the practice of direct entry midwifery.
"
.
On page
1
,
delete line
2
.
Moved by:
Representative Eccarius
Second by:
Representative Monroe
Action:
Prevailed by voice vote.
HB 1208:
to establish a committee to monitor the drafting of the State Child Health
Plan.
See Minutes of 2-2-98 for Proponents
Gavel to Vice Chair Monroe
Opponents:
Deb Bowman, Pierre, Governor's Office
Presented by:
Rep. Fischer-Clemens
MOTION:
AMEND HB 1208
j-1208a
On page
1
,
after line
12 of the printed bill
,
insert:
"
Section 2. Whereas, this Act is necessary for the immediate preservation of the public peace,
health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
"
Moved by:
Representative Fischer-Clemens
Second by:
Representative Hagen
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1208 AS AMENDED
Moved by:
Representative Hagen
Second by:
Representative Davis
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1208 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Belatti
Second by:
Representative Windhorst
Action:
Prevailed by roll call vote.
(8-4-1-0)
Voting yes:
Belatti, Eccarius, Madden, Peterson (Bill), Van Gerpen, Windhorst, Monroe,
Fiegen
Voting no:
Davis, Fischer-Clemens, Hagen, Kazmerzak
Excused:
Hassard
HB 1327:
to require that a State Child Health Plan be developed.
Presented by:
Rep. Fischer-Clemens
MOTION:
DEFER HB 1327 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Fischer-Clemens
Second by:
Representative Eccarius
Action:
Prevailed by roll call vote.
(10-2-1-0)
Voting yes:
Belatti, Davis, Eccarius, Fischer-Clemens, Madden, Peterson (Bill), Van Gerpen,
Windhorst, Monroe, Fiegen
Voting no:
Hagen, Kazmerzak
Excused:
Hassard
HB 1257:
to provide for the protection of children from prenatal exposure to
alcohol and drugs.
Proponents:
Deb Bowman, Pierre, Governor's Office
Gib Sudbeck, Pierre, Dept. Of Human Services
Opponents:
None
Presented by:
Rep. Scott Eccarius
Rep. Fischer-Clemens requested a Fiscal Note.
MOTION:
AMEND HB 1257
j-1257
On page
1
,
after line
11 of the printed bill
,
insert:
"
Section 2. That
§
26-8A-2
be amended to read as follows:
26-8A-2.
In this chapter and chapter 26-7A, the term "abused or neglected child" means a child:
(1)
Whose parent, guardian, or custodian
,
has abandoned the child or has subjected the child
to mistreatment or abuse;
(2)
Who lacks proper parental care through the actions or omissions of the child's parent,
guardian or custodian;
(3)
Whose environment is injurious to the child's welfare;
(4)
Whose parent, guardian
,
or custodian fails or refuses to provide proper or necessary
subsistence, supervision, education, medical care
,
or any other care necessary for the
child's health, guidance
,
or well-being;
(5)
Who is homeless, without proper care
,
or not domiciled with the child's parent, guardian
,
or custodian through no fault of the child's parent, guardian
,
or custodian;
(6)
Who is threatened with substantial harm;
(7)
Who has sustained emotional harm or mental injury as indicated by an injury to the child's
intellectual or psychological capacity evidenced by an observable and substantial
impairment in the child's ability to function within the child's normal range of
performance and behavior, with due regard to the child's culture;
or
(8)
Who is subject to sexual abuse, sexual molestation
,
or sexual exploitation by the child's
parent, guardian, custodian
,
or any other person responsible for the child's care
; or
(9) Who was subject to prenatal exposure to alcohol or any controlled drug or substance not
lawfully prescribed by a practitioner as authorized by chapters 22-42 and 34-20B. Such
exposure shall be evidenced by withdrawal symptoms in the child at birth, results of a
toxicology test performed on the mother at delivery or the child at birth, or medical
effects, or developmental delays during the child's first year of life that medically indicate
prenatal exposure to alcohol or any controlled drug or substance
.
Section 3. That chapter 22-42 be amended by adding thereto a NEW SECTION to read as
follows:
Any woman who knowingly ingests, inhales, injects, or otherwise takes into the body:
(1) Any alcohol beverage;
(2) Any controlled drug or substance; or
(3) Any other substance for purposes of becoming intoxicated;
during pregnancy, unless lawfully prescribed by a practitioner, is guilty of a Class 6 felony.
Section 4. That
§
35-4-99
be amended to read as follows:
35-4-99.
All licensed premises shall prominently display the sign provided for in
§
35-4-100. The
sign shall be displayed in such a manner as to provide an unobstructed view to the customers of such
licensee. Failure to display such sign is a
petty offense
Class 1 misdemeanor
.
"
Moved by:
Representative Peterson (Bill)
Second by:
Representative Madden
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1257
j-1257b
On the previously adopted amendment, in subdivision (3) of section 3,
delete "
for purposes of
becoming intoxicated
"
.
On the following line,
before "
during
"
insert "
for purposes of becoming intoxicated
"
.
Moved by:
Representative Windhorst
Second by:
Representative Peterson (Bill)
Action:
Was not acted on.
MOTION:
TABLE THE PREVIOUS MOTION
Moved by:
Representative Belatti
Second by:
Representative Fiegen
Action:
Prevailed by voice vote.
Gavel to Chair Fiegen
MOTION:
AMEND THE AMENDMENT
j-1257a
In section 3 of the previously adopted amendment,
after "
felony.
"
insert "
Notwithstanding any
other provision of law, no woman is exempt from the provisions of this section.
"
.
Moved by:
Representative Davis
Second by:
Representative Hagen
Chair Fiegen moved HB 1257 to the end of the Agenda.
HB 1162:
to require the systematic reporting of information concerning abortions,
informed consent, and parental notice.
Proponents:
Dan Wunrow, Pierre, SD Right to Life
Opponents:
Dave Gerdes, Pierre, SD Medical Assn.
See Minutes of 2-2-98
MOTION:
AMEND HB 1162
j-1162a
On page
1
,
line
8 of the printed bill
,
delete "
and the number of spontaneous
"
.
On page
1
,
line
9
,
delete "
abortions treated
"
.
On page
3
,
delete lines
12
to
24
, inclusive
.
On page
4
,
delete lines
1
to
4
, inclusive
.
On page
7
,
line
13
,
delete "
Class 1
"
and insert "
Class 2
"
.
On page
7
,
line
20
,
after "
abortion.
"
insert "
The Department of Health shall take care to ensure
that none of the information included in any report required by this Act including printed records,
computerized records, or stored information of any type, can reasonably lead to the identification
of any person obtaining an abortion.
"
.
On page
7
,
delete lines
23
and
24
,
and insert:
"
For purposes of this Act only, the term, induced abortion, means the use of any means to
intentionally terminate the pregnancy of a female known to be pregnant with knowledge that the
termination with those means will, with reasonable likelihood, cause the death of the embryo or
fetus.
"
On page
8
,
delete lines
1
to
5
, inclusive
.
Moved by:
Representative Monroe
Second by:
Representative Van Gerpen
Action:
Prevailed by voice vote.
MOTION:
DEFER HB 1162 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Davis
Second by:
Representative Hagen
Action:
Failed by roll call vote.
(5-6-2-0)
Voting yes:
Davis, Hagen, Peterson (Bill), Windhorst, Fiegen
Voting no:
Belatti, Eccarius, Kazmerzak, Madden, Van Gerpen, Monroe
Excused:
Fischer-Clemens, Hassard
MOTION:
DO PASS HB 1162 AS AMENDED
Moved by:
Representative Van Gerpen
Second by:
Representative Madden
Action:
Failed by roll call vote.
(5-6-2-0)
Voting yes:
Belatti, Eccarius, Kazmerzak, Madden, Van Gerpen
Voting no:
Davis, Hagen, Peterson (Bill), Windhorst, Monroe, Fiegen
Excused:
Fischer-Clemens, Hassard
MOTION:
TO TABLE HB 1162
Moved by:
Representative Windhorst
Second by:
Representative Peterson (Bill)
Action:
Failed by roll call vote.
(5-6-2-0)
Voting yes:
Eccarius, Kazmerzak, Peterson (Bill), Windhorst, Fiegen
Voting no:
Belatti, Davis, Hagen, Madden, Van Gerpen, Monroe
Excused:
Fischer-Clemens, Hassard
MOTION:
WITHOUT RECOMMENDATION
Moved by:
Representative Peterson (Bill)
Second by:
Representative Van Gerpen
Action:
Prevailed by roll call vote.
(10-2-1-0)
Voting yes:
Belatti, Eccarius, Fischer-Clemens, Kazmerzak, Madden, Peterson (Bill), Van
Gerpen, Windhorst, Monroe, Fiegen
Voting no:
Davis, Hagen
Excused:
Hassard
Gavel to Vice Chair Monroe
HB 1319:
to provide for nursing home construction on an Indian reservation.
Proponents:
Rep. Moore
Robert D. Ecoffey, Pine Ridge, BIA
Robert Chasing Hawk, Eagle Butte,Cheyenne RiverSeniors
Raymond Uses the Knife, Jr., Eagle Butte, Cheyenne River Sioux Tribe
Audrie James, Ridgeview, self
Rep. Dean Schrempp, Lantry, self
Marcella LeBeau, Eagle Butte, Cheyenne River Sioux Tribe
Brent Koenecke, Pierre, SD Nurses Assn.
Frank Jandreau, Wagner, Yankton Sioux Council
Isaac White Face, Sr., Pine Ridge, Grey Eagle
Opponents:
Kevin Forsch, Pierre, Dept. Of Health
Eagle Hunter, Eagle Butte, Cheyenne River Tribe
Dick Reding, Sioux Falls, SD Healthcare Assn.
Mike Vogel, Pierre, Dept. of Social Services
Presented by:
Rep. Hagen
MOTION:
DO PASS HB 1319
Moved by:
Representative Fischer-Clemens
Second by:
Representative Davis
Action:
Failed by roll call vote.
(6-5-2-0)
Voting yes:
Davis, Fischer-Clemens, Hagen, Kazmerzak, Peterson (Bill), Van Gerpen
Voting no:
Eccarius, Madden, Windhorst, Monroe, Fiegen
Excused:
Belatti, Hassard
MOTION:
WITHOUT RECOMMENDATION
Moved by:
Representative Hagen
Second by:
Representative Davis
Action:
Prevailed by roll call vote.
(10-0-3-0)
Voting yes:
Davis, Fischer-Clemens, Hagen, Kazmerzak, Madden, Peterson (Bill), Van Gerpen,
Windhorst, Monroe, Fiegen
Excused:
Belatti, Eccarius, Hassard
PENDING MOTION:
AMEND THE AMENDMENT (HB 1257)
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1257 AS AMENDED
Moved by:
Representative Peterson (Bill)
Second by:
Representative Eccarius
Action:
Prevailed by roll call vote.
(7-3-3-0)
Voting yes:
Eccarius, Kazmerzak, Peterson (Bill), Van Gerpen, Windhorst, Monroe, Fiegen
Voting no:
Davis, Fischer-Clemens, Hagen
Excused:
Belatti, Hassard, Madden
MOTION:
TO AMEND TITLE OF HB 1257
j-1257t
On page
1
,
line
1 of the printed bill
,
delete everything after "
to
"
and insert "
provide for the
protection of children from prenatal exposure to alcohol and drugs.
"
.
On page
1
,
delete line
2
.
Moved by:
Representative Peterson (Bill)
Second by:
Representative Eccarius
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Representative Davis
Second by:
Representative Kazmerzak
Action:
Prevailed by voice vote.
Beverly Jennings
_________________________________
Committee Secretary
Kristie K. Fiegen, Chair
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