Senate Health and Human Services Minutes 01/26/2002 10:00 AM

77^th Legislative Session _ 2002

Committee: Senate Health and Human Services

Saturday, January 26, 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 JANUARY 23, 2002.

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

         SCR 2: Urging the United States Congress to adopt legislation providing greater equity in Medicare reimbursement between large urban health care providers and rural health care providers.

Presented By:    Senator Ed Olson, Dist. 20
Proponents:    Dave Hewett, Sioux Falls, SDAHO (Handout “A”
        Mark Deak,Sioux Falls, SDHCA
Opponents:    None

MOTION:     ADOPT RESOLUTION SCR 2

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

         SB 118: prohibit smoking in public places.

    See Minutes of 1-23-02 for prior testimony.

Opponents:    Jerry Wheeler, Pierre, SDRA
        Jeremiah D. Murphy, Sioux Falls, R. J. Reynolds Tobacco Co.
        Jeremiah M. Murphy, Rapid City, Brown & Williamson Tobacco Corp.
        Allen E. Nord, MD., R. City (Handout “E”)
        Kitty Kinsman, R.City, American Cancer Society

MOTION:     AMEND SB 118

Delete the previously adopted amendment (118ja).

On page 2, line 4 of the printed bill, delete everything after " employment. " and insert " This section does not apply to any sleeping room in a lodging establishment as defined in § 34-18-1, to any on-sale licensee pursuant to chapter 35-4, to any video lottery licensed establishment pursuant to chapter 42-7A, to any licensee pursuant to chapter 42-7B, or to any tobacco or packaged liquor store if the store is primarily used for the sale of tobacco or alcoholic beverages, or both, and the sale of other products is merely incidental. ".

On page 2 , delete lines 5 and 6 .

On page 2 , line 19, after " hallways. " insert "A private residence is not a place of employment unless it is used for day care.".

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

MOTION:     DO PASS SB 118 AS AMENDED

Moved by:    Ham
Second by:    Olson (Ed)
Action:    Prevailed by roll call vote.(5-2-0-0)

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

Voting No:    Staggers, Albers

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

Opponents:    Tim Dougherty, S. Falls, SD Retail Liquor Dealers Assn.
        Jerry Wheeler, Pierre, SDRA
        Dawna Leitzke, Pierre, SD Petroleum & Propane Marketers Assn.

MOTION:     TO TABLE SB 137

Moved by:    Staggers
Second by:    Diedtrich (Elmer)
Action:    Prevailed by roll call vote.(4-3-0-0)

Voting Yes:    Diedtrich (Elmer), Staggers, Sutton (Dan), Albers

Voting No:    Ham, McIntyre, Olson (Ed)

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

    See Minutes of 1-23-02 for prior testimony.

Presented By:    Senator Staggers, Dist. 13 (Handout “A”)
Proponents:    None
Opponents:    Deb Bowman, Pierre, Gov's Office

MOTION:     AMEND SB 117

On page 2, line 1 of the printed bill, delete " therapy or " .

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

MOTION:     DO PASS SB 117 AS AMENDED

Moved by:    Olson (Ed)
Second by:    Diedtrich (Elmer)
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER SB 117 TO THE 36^TH LEGISLATIVE DAY

Moved by:    McIntyre
Second by:    Ham
Action:    Prevailed by roll call vote.(4-3-0-0)

Voting Yes:    Ham, McIntyre, Sutton (Dan), Albers

Voting No:    Diedtrich (Elmer), Staggers, Olson (Ed)

         SB 152: allow the offer of an individual health benefit plan without certain mandates.

Presented By:    Senator Dan Sutton, Dist. 8
Proponents:    Darla Lyon, Pierre, Div. of Insurance
        Bob Ritter, Pierre, Nat'l Federation of Ind. Business
        Darla Pollman Rogers, Pierre, HIAA, NAIFA, & Wellmark
        Pat McElgunn, Rapid City, Chamber of Commerce
Opponents:    Paul Knecht, Pierre, SD Dental Assn.

MOTION:     AMEND SB 152

On page 1, line 6 of the printed bill, delete " a " and insert "an individual".

Moved by:    Sutton (Dan)
Second by:    Olson (Ed)
Action:    Was not acted on.

MOTION:     ADJOURN

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

Beverly Jennings ____________________________
Committee Secretary

Kenneth D. Albers, Chair

../01261000.SHE