80th Legislative Session _ 2005

Committee: Senate Health and Human Services
Wednesday, February 23, 2005

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Adelstein
P    Duniphan
P    Olson (Ed)
P    Sutton (Dan)
P    Two Bulls
P    Hansen (Tom), Vice-Chair
P    Dempster, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Dempster, Chair

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 16, 2005

Moved by:    Duniphan
Second by:    Adelstein
Action:    Prevailed by voice vote.

         HB 1095: provide for a drug screening program for certain facilities providing patient or resident care or supervision.

Proponents:    Senator Jay Duenwald
        Representative Joel Dykstra

Secretary Betty Oldenkamp answered questions of the committee.

MOTION:     DO PASS HB 1095

Moved by:    Sutton (Dan)
Second by:    Two Bulls


Action:    Prevailed by roll call vote.(5-0-2-0)

Voting Yes:    Adelstein, Duniphan, Sutton (Dan), Two Bulls, Dempster

Excused:    Olson (Ed), Hansen (Tom)

         HB 1106: revise the duties of certain licensed mental health professionals with regard to certain insanity and guilty-but-mentally-ill proceedings.

Proponents:    Larry Long, Attorney General
        Jodi Sabatino, SDPA
Opponents:    Dean Krogman, SD State Medical Assn.

MOTION:     AMEND HB 1106

1106ja
     On page 1, line 7 of the House Judiciary Committee engrossed bill, after " psychologist " delete " , " and insert " . The psychiatrist or licensed psychologist shall be ".

     On page 2 , line 11, overstrike " examined " and insert " reviewed ".

     On page 2 , line 11, after " reports. " insert " The examination shall be by a licensed psychiatrist or licensed psychologist designated for this purpose by the prosecuting attorney. ".

     On page 2 , line 17, after " probation. " insert " The recommendation shall be made by a licensed psychiatrist or licensed psychologist designated for this purpose by the prosecuting attorney. ".

Moved by:    Duniphan
Second by:    Adelstein
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1106 AS AMENDED

Moved by:    Olson (Ed)
Second by:    Adelstein
Action:    Failed by roll call vote.(3-4-0-0)

Voting Yes:    Adelstein, Olson (Ed), Dempster

Voting No:    Duniphan, Sutton (Dan), Two Bulls, Hansen (Tom)


MOTION:     DEFER HB 1106 TO THE 41ST LEGISLATIVE DAY

Moved by:    Duniphan
Second by:    Two Bulls
Action:    Prevailed by roll call vote.(4-3-0-0)

Voting Yes:    Duniphan, Sutton (Dan), Two Bulls, Hansen (Tom)

Voting No:    Adelstein, Olson (Ed), Dempster

         HB 1229: require standards for certain family day care providers.

Pat Monson, Department of Social Services provided information and answered questions for the Senate Health and Human Services Committee.

Proponents:    Natalie Nagle, T.F. Riggs High School Student
        Milly Heidlebaugh, self
        Vicki Byrne, self, Rapid City (Handout #1)
        Callie Molengraaf, self
        Candy Kalil, SDAEYC (Handout #1)
Opponents:    Janelle Anderson, self (Handout #1)
        Linda Reidt-Kilber, self/parent
        Kathy Beck, Family Child Care Provider
        Linda Grass, Family Child Care

Representative Jeff Haverly gave a rebuttal.

MOTION:     AMEND HB 1229

1229jf
     On page 1, line 12 of the printed bill, delete " by July 1, 2006 " .

     On page 1 , between lines 13 and 14, insert:

"

     Notwithstanding the provisions of this section, any person who provides family day care for more than six but not more than twelve children from more than one unrelated family and who does not receive direct or indirect public funds for the provision of family day care as of July 1, 2005, shall submit his or her name and address to the Department of Social Services by November 1, 2005. Any such person has until July 1, 2008, to become registered pursuant to §  26-6-14.2. The department shall provide or arrange for education and training programs on the applicable laws and rules governing family day care for persons who have submitted their names and addresses to the department or who are registered pursuant to this section. Any person who establishes a family day care after June 30, 2005, for more than six children shall apply for registration and become registered with the department as a family day care provider pursuant to §  26-6-14.2. ".

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

MOTION:     DO PASS HB 1229 AS AMENDED

Moved by:    Sutton (Dan)
Second by:    Olson (Ed)
Action:    Prevailed by roll call vote.(4-3-0-0)

Voting Yes:    Adelstein, Olson (Ed), Sutton (Dan), Dempster

Voting No:    Duniphan, Two Bulls, Hansen (Tom)

MOTION:     ADJOURN

Moved by:    Duniphan
Second by:    Hansen (Tom)
Action:    Prevailed by voice vote.

Naida Chavez

____________________________

Committee Secretary
Thomas A. Dempster, Chair


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