77th Legislative Session _ 2002

Committee: House Health and Human Services
Friday, February 08, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Abdallah
E    Bradford
P    Davis
P    Frost
P    Hundstad
P    Hunhoff
P    McCoy
P    Nesselhuf
P    Pitts
P    Van Etten
E    Van Gerpen
P    Solum, Vice-Chair
P    Heineman, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Heineman

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 6

Moved by:    Frost
Second by:    Van Etten
Action:    Prevailed by voice vote.

          SB 93: establish certain requirements for genetic testing.

Presented By:    Representative Bill Peterson, Prime Sponsor
Proponents:    Dean Krogman, SDSMA
        Karl Blessinger, SDSMA
        Dave Hewett, SDAHO

        Larry Long, Office of the Attorney General

MOTION:     AMEND SB 93

93jc
     On the Senate Health and Human Services Committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 34-14 be amended by adding thereto a NEW SECTION to read as follows:

     If a genetic test, as defined in § 34-14-21, is required or authorized by state law, or performed in the state, the test shall be performed in a laboratory accredited by the College of American Pathologists, the Joint Commission on Accreditation of Healthcare Organizations, or any accreditation body approved by the United States Secretary of Health and Human Services and which has requirements that are substantially equivalent to, or more comprehensive than, those of the College of American Pathologists. In addition, the laboratory shall be enrolled in a proficiency testing program sponsored by an organization approved by the Centers for Medicare and Medicaid Services. Nothing in this section alters the ability of the state health laboratory to perform genetic tests.

     Section 2. That § 34-14-24 be amended to read as follows:

     34-14-24.   Nothing in § §   34-14-21 to 34-14-24, inclusive, or section 1 of this Act, alters the ability to perform genetic tests done in pursuance of a lawful criminal investigation or court order. "


Moved by:    Van Etten
Second by:    McCoy
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 93 AS AMENDED

Moved by:    Abdallah
Second by:    McCoy
Action:    Prevailed by roll call vote.(11-0-2-0)

Voting Yes:    Abdallah, Davis, Frost, Hundstad, Hunhoff, McCoy, Nesselhuf, Pitts, Van Etten, Solum, Heineman

Excused:    Bradford, Van Gerpen

MOTION:     PLACE SB 93 ON CONSENT CALENDAR

Moved by:    Frost
Second by:    Abdallah
Action:    Prevailed by voice vote.

          SB 170: repeal a provision that requires foster parents to care for a child for not less than two years before the foster parent is a primary consideration for adoption of the child.

Presented By:    Representative Van Etten, Prime Sponsor
Proponents:    Virgena Wiesler, Dept of Social Services

MOTION:     DO PASS SB 170

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

Voting Yes:    Abdallah, Davis, Frost, Hundstad, Hunhoff, McCoy, Nesselhuf, Pitts, Van Etten, Solum, Heineman

Excused:    Bradford, Van Gerpen

         SB 177: revise and modify certain provisions relating to the award of child custody.

Presented By:    Senator Hutmacher, Prime Sponsor
Proponents:    Representative Juhnke, Prime Sponsor
        Chuck Novotny, Self, Winner, SD
        Steve Smith, Self, Chamberlain, SD
        Tom Barnett, State Bar of SD

MOTION:     AMEND SB 177

177jc
     On page 2, line 12 of the Senate engrossed bill, delete "." and insert "; or".

     On page 2 , between lines 12 and 13, insert:

"

             (4)    That awarding custody to the biological parent would cause serious detriment to the child.
     Section 5. Serious detriment to a child exists whenever there is proof of one or more of the following extraordinary circumstances:

             (1)    The abandonment or persistent neglect of the child by the parent;

             (2)    The likelihood of serious physical or emotional harm to the child if placed in the parent's custody;

             (3)    The extended, unjustifiable absence of parental custody;

             (4)    The abdication of parental responsibilities;

             (5)    The provision of the child's physical, emotional, and other needs by persons other than the parent over a significant period of time;

             (6)    The existence of a bonded relationship between the child and the person other than the parent sufficient to cause significant emotional harm to the child in the event of a change in custody;

             (7)    The substantial enhancement of the child's well-being while under the care of the person other than the parent;

             (8)    The extent of the parent's delay in seeking to reacquire custody of the child;

             (9)    The demonstrated quality of the parent's commitment to raising the child;

             (10)    The likely degree of stability and security in the child's future with the parent;

             (11)    The extent to which the child's right to an education would be impaired while in the custody of the parent; or

             (12)    Any other circumstances that would substantially and adversely impact the welfare of the child.".

Moved by:    Hundstad
Second by:    Nesselhuf
Action:    Prevailed by voice vote.

 MOTION:     AMEND SB 177

177jb
     On page 2, after line 20 of the Senate engrossed bill, insert:

"
     Section 7. 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:    Davis
Second by:    Frost
Action:    Prevailed by voice vote.

 MOTION:     AMEND SB 177

177jd
     On page 2, line 2 of the Senate engrossed bill, after " may " insert "intervene or".

Moved by:    Solum
Second by:    Van Etten
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 177 AS AMENDED

Moved by:    Frost
Second by:    Solum
Action:    Prevailed by roll call vote.(11-0-2-0)

Voting Yes:    Abdallah, Davis, Frost, Hundstad, Hunhoff, McCoy, Nesselhuf, Pitts, Van Etten, Solum, Heineman

Excused:    Bradford, Van Gerpen

 MOTION:     TO AMEND TITLE OF SB 177

177jta
     On page 1, line 2 of the Senate engrossed bill, after " custody " insert "and to declare an emergency".

Moved by:    Nesselhuf
Second by:    Van Etten

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:    Representative Heineman, Presenter
Proponents:    Dave Hewett, SDAHO

MOTION:     THAT SCR 2 BE CONCURRED IN

Moved by:    Frost
Second by:    Nesselhuf
Action:    Prevailed by roll call vote.(10-0-3-0)

Voting Yes:    Davis, Frost, Hundstad, Hunhoff, McCoy, Nesselhuf, Pitts, Van Etten, Solum, Heineman

Excused:    Abdallah, Bradford, Van Gerpen

MOTION:     ADJOURN

Moved by:    Nesselhuf
Second by:    McCoy
Action:    Prevailed by voice vote.

Margaret Nickels

____________________________

Committee Secretary
Phyllis M. Heineman, Chair

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