JOURNAL OF THE HOUSE

SEVENTY-SECOND  SESSION




FIFTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 18, 1997

     The House convened at 9:00 a.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of Allegiance led by House page Clayton Gable.

     Roll Call: All members present except Reps. Duenwald, Duxbury, Schaunaman, and Schrempp who were excused.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the fourth day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.
Respectfully submitted,
REX HAGG, Chair

     Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on State Affairs respectfully reports that it has had under consideration HB 1011 and 1014 and returns the same with the recommendation that said bills do pass.



Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1001 and returns the same with the recommendation that said bill be amended as follows:

o-1001
     On page 1 , line 14 of the printed bill , delete " significant " and insert " substantial " .

     On page 1 , line 14 , delete " either as uncollected revenue " .

     On page 1 , line 15 , delete " or as unrecoverable expenditure, " .

     And that as so amended said bill do pass.


Also MR. SPEAKER:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1009 and returns the same with the recommendation that said bill be amended as follows:

o-1009
     On page 1 , line 7 of the printed bill , over strike " and covered " .

o-1009a
     On page 2 , line 7 , after " auditor " insert " , but not to exceed one year " .

     And that as so amended said bill do pass.


Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1015 and returns the same with the recommendation that said bill be amended as follows:



j-1015
     On page 1 of the printed bill , after line 12 , insert:
"
     Section 3. That chapter 6-1 be amended by adding thereto a NEW SECTION to read as follows:

     Any municipality, county, or school district may obtain and pay for all forms of health insurance, a dental insurance plan, or both, or in lieu thereof, make other arrangements, including entering into agreements with others, which agreements may create separate legal or administrative entities pursuant to chapter 1-24.

     Section 4. That chapter 6-1 be amended by adding thereto a NEW SECTION to read as follows:

     Any municipality, county, or school district may provide for health insurance for retiring employees and their spouses and dependents as the governing body may deem appropriate. "

j-1015T

    And that the title to HB 1015 be amended as follows:

     On page 1 , line 1 of the printed bill , delete " repeal " and insert " revise " .

    And that as so amended said bill do pass.


Respectfully submitted,
Larry E. Gabriel, Chair



MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to transmit herewith SB 74, 80, and 82 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to the joint rules for the two houses for the Seventy-second Legislative Session.



Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to making arrangements for a memorial recognition of deceased former members of the House and Senate.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to fixing compensation for the elective and appointive officers and members of the Seventy-second Legislative Session.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to making arrangements for the distribution of the official directory, Senate and House journals and bills, and other legislative printing.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS


    HCR 1002: A CONCURRENT RESOLUTION, Urging the Secretary of the Navy to name the first of the fleet of new attack submarines of the Navy the "South Dakota."

    Rep. Brooks moved that HCR 1002 as found on page 58 of the House Journal be adopted.

    The question being on Rep. Brooks' motion that HCR 1002 be adopted.

     And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg


     Excused were:
Duenwald; Duxbury; Schaunaman; Schrempp; Weber

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1002 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES


     Rep. Gabriel moved that the report of the Joint-Select Committee relative to the compensation for the elected and appointed officers and employees for the Seventy-second Legislative Session as found on page 57 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.

     Rep. Cutler moved that the report of the Joint-Select Committee relative to legislative printing and distribution of bills and journals for the Seventy-second Legislative Session as found on page 55 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.

     Rep. Gabriel moved that the report of the Joint-Select Committee relative to the Joint Rules of the Seventy-second Legislative Session as found on page 52 of the House Journal be adopted.

     The question being on Rep. Gabriel's motion that the report of the Joint-Select Committee relative to the Joint Rules of the Seventy-second Legislative Session as found on page 52 of the House Journal be adopted.

          And the roll being called:

     Yeas 65, Nays 0, Excused 5, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brosz; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; DeMersseman; Derby; Diedrich; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Duenwald; Duxbury; Schaunaman; Schrempp; Weber


     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the Joint-Select Committee Report was adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1056   Introduced by:  Representatives Eccarius, Belatti, Fischer-Clemens, Monroe, and Windhorst and Senators Aker and Whiting

     FOR AN ACT ENTITLED, An Act  to require adoption of a prescription drug formulary for medicaid.

     Was read the first time and referred to the Committee on Health and Human Services.


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 74:   FOR AN ACT ENTITLED, An Act  to revise the requirements for disclosure for certain health insurance coverages and to further limit the application of waiting periods for medicare supplement insurance.

     Was read the first time and referred to the Committee on Commerce.

     SB 80:   FOR AN ACT ENTITLED, An Act  to update and revise the Uniform Securities Act.

     Was read the first time and referred to the Committee on Commerce.

     SB 82:   FOR AN ACT ENTITLED, An Act  to revise the South Dakota Uniform Securities Act to conform with the provisions of the National Securities Markets Improvement Act of 1996.

     Was read the first time and referred to the Committee on Commerce.

     The Clerk read Senate Commemoration 1 as found on page 48 of the Senate Journal, honoring the memory of Senator Richard B. Negstad and lamenting his untimely passing.

     Rep. Hunt moved that the House do now adjourn, which motion prevailed, and at 9:30 a.m. the House adjourned.

KAREN GERDES, Chief Clerk