80th Legislative Session _ 2005

Committee: Senate Health and Human Services
Monday, January 31, 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 JANUARY 26, 2005

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

MOTION:     TO INTRODUCE AT THE REQUEST OF THE GOVERNOR AN ACT TO REVISE THE NUMBER OF DENTISTS ELIGIBLE TO PARTICIPATE IN THE DENTAL TUITION REIMBURSEMENT PROGRAM

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

         SB 41: revise certain provisions regarding access to vital records.

Proponents:    Jerry Hofer, Deptartment of Health
        David Bordewyk, SD Newspaper Assn.


        Dwight Neuharth, SD County Officials
        Julie Risty, Minnehaha Co., Register of Deeds
Opponents:    Virginia Hanson, SD State Genealogical Society
        Phyllis Knutson,Sioux Valley Genealogical Society,self
        Susan Assmus, self
        Laura Glulm, self
        Sheldon Cotton, self
        Alan Knudson, self

MOTION:     AMEND SB 41

41jb
     On page 2 of the printed bill, delete lines 1 to 9 , inclusive, and insert:

"

     Certified Informational copies of birth records shall be available to any person who can identify the birth record by providing the name of the person on the birth record, the date of birth, the mother's maiden name, or additional information required to locate the record. Nothing in this section prohibits the release of information contained on a birth record which would not identify any person named in the record.

     If one hundred years have elapsed after the date of birth, the records of the birth in the custody of the department shall become available to the public without restriction. The department shall promulgate rules, pursuant to chapter 1-26, to provide for the continued safekeeping of these records.".

     On page 2 , line 22, after " right " insert " . The department or authorized local registrars shall upon receipt of an application, issue informational copies to any applicant of any vital record ".

     On page 3 , line 6, after " certified " insert "and informational".

     On page 3 , line 8, after " certified " insert "and an informational".

     On page 3 , line 9, delete " security " .

     On page 3 , line 10, after " certified " insert "or informational".

     On page 4 , delete lines 1 to 9 , inclusive.

     On page 4 , line 24, after " registrar, " insert "intentionally".

     On page 5 , after line 13, insert:

"
     Section 9. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:

     No employee of the state vital records office, local registrar, or deputy registrar may be held personally liable for any unintentional issuance of any certified copy of any vital record fraudulently obtained.".

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

MOTION:     AMEND THE AMENDMENT

41jc
     On the previously adopted amendment (41jb), on the second instruction, after " record " insert " . The department or authorized local registrar may withhold the immediate issuance of any copy for a period of no longer than three days ".

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

MOTION:     DO PASS SB 41 AS AMENDED

Moved by:    Sutton (Dan)
Second by:    Olson (Ed)
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Adelstein, Duniphan, Olson (Ed), Sutton (Dan), Two Bulls, Hansen (Tom), Dempster

MOTION:     PLACE SB 41 ON CONSENT CALENDAR

Moved by:    Adelstein
Action:    Died for a lack of a second

         HB 1030: refine the definition of a critical access hospital.

Proponents:    Bernie Osberg, Department of Health
        David Hewett, SD Assn. Of Healthcare Organizations



MOTION:     DO PASS HB 1030

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

Voting Yes:    Adelstein, Duniphan, Olson (Ed), Sutton (Dan), Two Bulls, Hansen (Tom), Dempster

MOTION:     PLACE HB 1030 ON CONSENT CALENDAR

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

         HB 1031: authorize the establishment of a delayed marriage record.

Proponents:    Jerry Hofer, Deptartment of Health
        Dwight Neuharth, SD County Officials

MOTION:     DO PASS HB 1031

Moved by:    Duniphan
Second by:    Adelstein
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Adelstein, Duniphan, Olson (Ed), Sutton (Dan), Two Bulls, Hansen (Tom), Dempster

         HB 1032: revise cancer reporting requirements.

Proponents:    Laurie Gill, SD Department of Health
        Dr. Bill Cohen, SD State Medical Association
        Dave Hewitt, SDAHO
        Jennifer Stalley, American Cancer Society

MOTION:     DO PASS HB 1032

Moved by:    Duniphan
Second by:    Adelstein
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Adelstein, Duniphan, Olson (Ed), Sutton (Dan), Two Bulls, Hansen (Tom), Dempster

MOTION:     PLACE HB 1032 ON CONSENT CALENDAR

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

         SB 100: clarify the rule-making authority for the sales tax on food refund program.

The Chair deferred SB 100 until the bottom of the agenda.

         SB 57: establish an intensive residential treatment center as a category of a child welfare agency.

Proponents:    Virgena Wieseler, Department of Social Services
        Doug Herrmann, Department of Corrections
        Mike Schreiber, SD Private Providers Association
        Susan Randall, SD Coalition For Children

MOTION:     DO PASS SB 57

Moved by:    Duniphan
Second by:    Adelstein
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Adelstein, Duniphan, Olson (Ed), Sutton (Dan), Two Bulls, Hansen (Tom), Dempster

MOTION:     PLACE SB 57 ON CONSENT CALENDAR

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

MOTION:     ADJOURN

Moved by:    Duniphan
Second by:    Two Bulls
Action:    Prevailed by voice vote.



Naida Chavez

____________________________

Committee Secretary
Thomas A. Dempster, Chair


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