73rd Legislative Session -- 1998

Committee: Senate Health and Human Services

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Albers
P      Halverson
P      Kloucek
P      Lawler
P      Olson
P      Dunn (Jim), Vice-Chair
P      Brown (Arnold), Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by SENATOR BROWN (ARNOLD)

MOTION:      TO APPROVE THE MINUTES OF PREVIOUS MEETING

Moved by:      Senator Halverson
Second by:      Senator Lawler
Action:      Prevailed by voice vote.

          HB 1262:   to require health insurance coverage for mental illness.

Proponents:      Rep. Fischer-Clemens
          Terry Dosch, SD Council Mental Health Centers
          Hal Bisch, Self
          Dr. David Bean, Psychiatric Assn..
          Bill Dougherty, Presentation Health systems
          Rew Hanson, AARP
          Brett Koenecke, SD Nurses Assoc.
        Robert Kean, SD Advocacy Society
        Shelley Pfaff, Disabilities, SCCD
        Ken Meyer, SD Peace and Justice Center
Opponents:      Dick Tieszen, State Farm Ins.
          Shannon Anderson, HIAA
          John Brown, NFIB
          Neal Chaplin, Golden Rule Ins. Co.

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          Jim Hood, SD Retailers
          Mike Shaw, American Family Ins..
          Joe DuBray, Blue Cross-Blue Shield
         
          Comments by Randy Moses, Dept. Of Insurance

MOTION:      DO PASS HB 1262

Moved by:      Senator Lawler
Second by:      Senator Olson
Action:      Prevailed by roll call vote.   (6-1-0-0)

Voting yes:      Albers, Halverson, Kloucek, Lawler, Olson, Brown (Arnold)

Voting no:      Dunn (Jim)

          HB 1302:   to request an interim study of the practice of direct entry midwifery.

Proponents:      Jim Stiegelmeier, Self
          Emily Stiegelmeier, SD Safe Childbirth Options
          Rep. John Koskan
          Darrell Smith, Self

MOTION:      AMEND HB 1302

j-1302

     On the House Health and Human Services committee engrossed bill, delete everything after the enacting clause and insert:

"      Section  1.  Terms used in this Act mean:

             (1)    "Child abuse," any violation of §  26-10-1 or chapter 22-22 if the victim of such crime is a child;

             (2)    "Perpetrator of child abuse," any person convicted of any violation of §  26-10-1 or chapter 22-22 if the victim of such crime was a child or whose name has been enrolled in the central registry for abuse and neglect established in §  26-8A-12.

     Section  2.  Any payment of public moneys by or through the Department of Social Services for services directly related to the child abuse is a debt due to the department and owed by the perpetrator of the child abuse.

     Section  3.  If a perpetrator of child abuse owes, but does not pay for services directly related to child abuse, the Department of Social Services has a lien upon all the property, both real and personal, including joint tenancy interests belonging to the perpetrator, or to be thereafter acquired

by the perpetrator, or in which the perpetrator has any interest, but excluding any homestead interest held in joint tenancy, for all public moneys expended by the department for services directly related to the child abuse. In order to preserve such lien, the department shall give notice of the lien by filing with the register of deeds office a sworn statement or certificate showing the amount expended and unpaid for services directly related to the child abuse. The sworn statement or certificate may be filed in any county in which property of the perpetrator is located, and shall contain a description of the property, and shall attach to the property individually owned by the perpetrator and jointly owned property other than a homestead interest. The priority of the lien shall be established by the date of the filing. The register of deeds office is not entitled to any fee for registering or filing any lien under this section.

     Section  4.  The lien for services directly related to the child abuse is a lien by operation of law, with the full force and effect and attributes of a lien of this state, including enforceability, and is entitled, as a lien, to full faith and credit in this state. "

Moved by:      Senator Olson
Second by:      Senator Dunn (Jim)
Action:      Prevailed by voice vote.

          HB 1302:   to request an interim study of the practice of direct entry midwifery.

Proponents:      Jim Ellenbecker, Dept of Social Services

MOTION:      DO PASS HB 1302 AS AMENDED

Moved by:      Senator Olson
Second by:      Senator Halverson
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Albers, Halverson, Kloucek, Lawler, Olson, Dunn (Jim), Brown (Arnold)

MOTION:      TO AMEND TITLE OF HB 1302

j-1302tb

     On page 1 , line 1 of the House Health and Human Services committee engrossed bill , delete everything after " to " and insert " make perpetrators of child abuse liable for Department of Social Services' payments that are directly related to child abuse and to create a lien. " .

     On page 1 , delete line 2 .

Moved by:      Senator Dunn (Jim)
Second by:      Senator Halverson
Action:      Prevailed by voice vote.

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          HB 1162:   to require the systematic reporting of information concerning abortions, informed consent, and parental notice.

Proponents:      Rep Hunt
          Dan Wunrow, SD right to Life
          Cindy Flakoll, Concerned Women of South Dakota

Opponents:      Thelma Underberg, SDNARAL
          Dave Gerdes, SD Medical Assoc.

MOTION:      DO PASS HB 1162

Moved by:      Senator Halverson
Second by:      Senator Lawler
Action:      Prevailed by roll call vote.   (5-2-0-0)

Voting yes:      Albers, Halverson, Kloucek, Lawler, Dunn (Jim)

Voting no:      Olson, Brown (Arnold)

MOTION:      ADJOURN

Moved by:      Senator Lawler
Second by:      Senator Dunn (Jim)
Action:      Prevailed by voice vote.

Doris J. Donner

Committee Secretary