Senate Health and Human Services Minutes 01/23/2002 10:00 AM

77^th Legislative Session _ 2002

Committee: Senate Health and Human Services

Wednesday, January 23, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Diedtrich (Elmer)
P    Ham
P    McIntyre
P    Staggers
P    Sutton (Dan)
P    Olson (Ed), Vice-Chair
P    Albers, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Ken Albers, Chair.

MOTION:     TO APPROVE THE MINUTES OF JANAURY 16, 2002.

Moved by:    Olson (Ed)
Second by:    Ham
Action:    Prevailed by voice vote.

         SB 93: establish certain requirements for genetic testing.

Presented By:    Senator Cheryl Madden, Dist. 35, (Handout “A”)
Proponents:    Dean Krogman, Brookings, AMA
Opponents:    None

MOTION:     AMEND SB 93

On page 1, line 3 of the printed bill, after " law, " insert "or performed in the state,".

On page 1 , delete line 4 , and insert "shall be performed in a laboratory accredited by: (a) the College of American Pathologists or (b) any accreditation body approved".

On page 1 , line 5, after " Services " insert "and which has requirements that are substantially equivalent to or more comprehensive than those of the college, and (c) is enrolled in a proficiency testing program sponsored by the College of American Pathologists or a substantially equivalent, or more comprehensive program".

Moved by: Olson (Ed)
Second by: Ham

Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 93 AS AMENDED

Moved by:    Ham
Second by:    McIntyre
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Diedtrich (Elmer), Ham, McIntyre, Staggers, Sutton (Dan), Olson (Ed), Albers

MOTION:     PLACE SB 93 ON CONSENT CALENDAR

Moved by:    Diedtrich (Elmer)
Second by:    Ham
Action:    Prevailed by voice vote.

         SB 117: provide that donations of body parts evidenced by driver's licenses and nondriver identification cards not be used for research and education.

Presented By:    Senator Kermit Staggers, Dist. 13
Opponents:    Rep. Donald Van Etten, Dist. 33
Comment By: Dean Krogman, Brookings, SDSMA

        Deferred by Chair until Jan. 26, 2002.

Gavel passed to Vice Chair Olson.
Staggers excused.

         SB 118: prohibit smoking in public places.

Presented By:    Senator Mac McCracken, Dist. 34 (Handout “A”)
Proponents:    Dr. Kevin Weiland, Rapid City, Tobacco Executive Project and patients, self
        Eldon Nygaard, Vermillion, Buffalo Run
        Tom Aman, (Handout “B”)
        Kitty Kinsman, Rapid City (Handout “C”)
        Harry Christianson, Rapid City, Sioux Valley Hospital
        Susan Randall, Sioux Falls, SD Coalition for Children
        Sam Wilson, Sioux Falls, AARP
        Dave Hewett, Sioux Falls, SDAHO
        Dale Gunderson, Rapid City, SDSMA (Handout “D” and “E”)
        Bob Stevens, Pierre, SDEA
        Rep. Donald Van Etten

MOTION:     AMEND SB 118

On page 2, line 5 of the printed bill, after " enter " insert " or to any public place licensed pursuant to chapter

42-7B ".

Moved by:    McIntyre
Second by:    Ham
Action:    Prevailed by voice vote.

    Deferred by Chair until January 26, 20002.

         SB 137: allow local units of government to regulate tobacco products.

Presented By:    Senator Dennis Daugaard, Dist. 9 (Handout “A” and “B”)
Proponents:    Jennifer Stalley, Pierre, American Cancer Society
        Paul Knecht, Pierre, SD Dental Assoc.
        Dean Krogman, Brookings, AMA
        Dr. Kevin Weiland, Rapid City, Physician
        Dale Gunderson, Rapid City, SDSMA

MOTION:     AMEND SB 137

On page 1, after line 14 of the printed bill, insert:

" Section 3. That chapter 34-6 be amended by adding thereto a NEW SECTION to read as follows:

Any municipality for the area within the municipal boundaries, and any county for the area outside of any municipal boundaries, may provide, by ordinance, for regulations relating to the use, distribution, marketing, promotion, and sale of tobacco products that are more restrictive than those provided for by the Legislature.".

Moved by:    McIntyre
Second by:    Ham
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Diedtrich (Elmer), Ham, McIntyre, Sutton (Dan), Olson (Ed), Albers

Excused:    Staggers

    Deferred by Chair until January 26, 2002.

MOTION:     ADJOURN

Moved by:    Albers
Second by:    McIntyre
Action:    Prevailed by voice vote.

Beverly Jennings

____________________________

Committee Secretary

Kenneth D. Albers, Chair

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