73rd Legislative Session -- 1998

Committee: House Health and Human Services

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Belatti
P      Davis
P      Eccarius
P      Fischer-Clemens
P      Hagen
P      Hassard
P      Kazmerzak
P      Madden
P      Peterson (Bill)
E      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 correct Minutes of 2-11-98 on page 3, to remove “SUBSTITUTE MOTION TO         TABLE THE DO PASS MOTION ON HB 1208"

Moved by:      Representative Davis
Second by:      Representative Fischer-Clemens
Action:      Prevailed by voice vote.

MOTION:      TO APPROVE THE MINUTES OF February 11, 1998 AS AMENDED.

Moved by:      Representative Peterson (Bill)
Second by:      Representative Fischer-Clemens
Action:      Prevailed by voice vote.

          SB 26:   to revise certain statutes regarding the operation and administration of crematories.

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Proponents:      Kevin Forsch, Pierre, Department of Health
          George Valentine, Pierre, Hills of Rest Funeral Home, Sioux Falls
         
Opponents:      Steve Willard, Pierre, SD Funeral Director's Assn
          Greg Furness, Clark, Furness Funeral Home
          Tom Feigum, Pierre, Feigum Funeral Home
         
MOTION:      AMEND SB 26

j-26

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

"      Section  1.  That subdivision (7) of § 34-26A-1 be amended to read as follows:

             (7)      "Crematory authority," the legal entity or the authorized representative of the legal entity which is licensed by the department board to operate a crematory and perform cremation;

     Section  2.  That subdivision (9) of § 34-26A-1 be repealed.

             (9)      "Department," the Department of Health;

     Section  3.  That § 34-26A-1 be amended by adding thereto a NEW SUBDIVISION to read as follows:

     "Board," the State Board of Funeral Service.

     Section  4.  That § 34-26A-4 be amended to read as follows:

     34-26A-4.   An application for licensure or renewal of a license as a crematory authority shall be on forms furnished and prescribed by the department board . Applications shall be in writing, accompanied by a license or renewal fee of one hundred dollars and shall contain the name of the applicant, the address and location of the crematory, a description of the type of structure and equipment to be used in the operation of the crematory , and any other information the department board may reasonably require. The department board shall annually examine the premises and structure to be used as a crematory and shall issue a license or renew a license for the crematory authority, if the applicant meets all requirements of this chapter. If a change of ownership of a crematory occurs, within thirty days of the change, the crematory authority shall provide the department board with the names and addresses of the new owners.

     Section  5.  That § 34-26A-33 be amended to read as follows:

     34-26A-33.   The department board shall promulgate reasonable rules pursuant to chapter 1-26 as may be consistent with this chapter governing the cremation of human remains. The rules specifically shall include the minimum standards of sanitation, refrigeration, required equipment , and fire protection for all crematories which the department board may deem necessary for the

protection of the public. A crematory authority may adopt reasonable rules, not inconsistent with this chapter, for the management and operation of a crematory. "

Moved by:      Representative Peterson (Bill)
Second by:      Representative Fischer-Clemens
Action:      Prevailed by roll call vote.   (7-4-2-0)

Voting yes:      Belatti, Davis, Eccarius, Fischer-Clemens, Kazmerzak, Peterson (Bill), Fiegen

Voting no:      Hagen, Hassard, Windhorst, Monroe

Excused:      Madden, Van Gerpen

MOTION:      DO PASS SB 26 AS AMENDED

Moved by:      Representative Peterson (Bill)
Second by:      Representative Fischer-Clemens
Action:      Prevailed by roll call vote.   (7-4-2-0)

Voting yes:      Belatti, Davis, Eccarius, Fischer-Clemens, Kazmerzak, Peterson (Bill), Fiegen

Voting no:      Hagen, Hassard, Windhorst, Monroe

Excused:      Madden, Van Gerpen

          SB 27:   to repeal certain provisions regarding medication aides.

Proponents:      Kevin Forsch, Pierre, Department of Health
Opponents:      None

MOTION:      DO PASS SB 27

Moved by:      Representative Fischer-Clemens
Second by:      Representative Davis
Action:      Prevailed by roll call vote.   (11-0-2-0)

Voting yes:      Belatti, Davis, Eccarius, Fischer-Clemens, Hagen, Hassard, Kazmerzak, Peterson (Bill), Windhorst, Monroe, Fiegen

Excused:      Madden, Van Gerpen

MOTION:      PLACE SB 27 ON CONSENT

Moved by:      Representative Davis
Second by:      Representative Fischer-Clemens

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Action:      Prevailed by voice vote.

          SB 18:   to provide that any child placed in the Human Services Center is in the guardianship of the secretary of the Department of Human Services.

Proponents:      Gib Sudbeck, Pierre, Department of Human Services
Opponents:      None.

MOTION:      DO PASS SB 18

Moved by:      Representative Davis
Second by:      Representative Kazmerzak
Action:      Prevailed by roll call vote.   (11-0-2-0)

Voting yes:      Belatti, Davis, Eccarius, Fischer-Clemens, Hagen, Hassard, Kazmerzak, Peterson (Bill), Windhorst, Monroe, Fiegen

Excused:      Madden, Van Gerpen

MOTION:      PLACE SB 18 ON CONSENT

Moved by:      Representative Davis
Second by:      Representative Peterson (Bill)
Action:      Prevailed by voice vote.

    Chair stated the next meeting will be February 18, 1998.

MOTION:      ADJOURN

Moved by:      Representative Davis
Second by:      Representative Monroe
Action:      Prevailed by voice vote.

Beverly Jennings

Committee Secretary