JOURNAL OF THE HOUSE

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TWENTY-FIRST DAY

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STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 10, 1998

     The House convened at 2:00 p.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 Abbey Clarke.

     Roll Call: All members present.

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 twentieth day and finds that the following correction should be made:

    On page 472 of the House Journal, delete lines 24 and 25 and insert the following:

    "The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1276, which was amended as follows:

p-1276

     On page 1 , line 8 of the printed bill , delete " , or any other retiree benefit not directly related to a pension " .

     On page 1 , line 9 , delete " or retirement fund, or retirement savings plan " .

     On page 2 , after line 1 , insert:

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"     Section 2. Nothing in this Act shall be construed to circumvent or take the place of the federal ERISA laws. "

    And returns the same without recommendation."

     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.

Mr. Speaker and Members of the House:

     I have the honor to inform you that I have approved HB 1004, 1005, 1006, 1032, 1033, 1078, and 1087, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

MR. SPEAKER:

    The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1113 and 1114 which were deferred to the 36th legislative day.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1329 and 1330 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

     The Committee on Appropriations respectfully reports that it has had under consideration HB 1019 and returns the same with the recommendation that said bill be amended as follows:

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z-1019a

     On page 1 , line 8 of the printed bill , overstrike " lease-purchase " and insert " lease " .

     On page 1 , line 12 , after " facilities " insert " authorized by the Legislature " .

     On page 1 , line 13 , delete " Board of Regents " and insert " Legislature " .

     On page 2 , after line 6 , insert:

"      Section 2. That § 13-51-1 be amended to read as follows:

     13-51-1.   The Board of Regents of this state is hereby expressly prohibited from erecting any buildings or structures or maintaining and equipping such buildings , or making any lease or lease-purchase payments for any purposes authorized in § 13-51-2 without the approval of the Legislature first obtained. "

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Appropriations respectfully reports that it has had under consideration HB 1022 and returns the same with the recommendation that said bill be amended as follows:

z-1022

     On page 2 , line 12 of the printed bill , before " secretary " insert " executive " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Appropriations respectfully reports that it has had under consideration HB 1023 and returns the same with the recommendation that said bill be amended as follows:

z-1023

     On page 2 , line 16 of the printed bill , before " secretary " insert " executive " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Appropriations respectfully reports that it has had under consideration HB 1328 and returns the same with the recommendation that said bill be amended as follows:

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m-1328

     On page 2 , after line 2 of the printed bill , insert:

"

     Section 2. Notwithstanding the provisions of § 5-12-23, the executive secretary of the South Dakota Building Authority shall transfer accumulated savings from prior refundings and unused project funds in an amount not to exceed one million two hundred thousand dollars ($1,200,000) to the South Dakota Health and Education Facilities Authority. Such funds are hereby appropriated for expenditure on projects authorized pursuant to section 1 of this Act.

     Section 3. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval. "

z-1328t

     On page 1 , line 2 of the printed bill , after " institutes " insert " and to declare an emergency " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1241 which was deferred to the 36th legislative day.

Respectfully submitted,
J.E. “Jim” Putnam, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1237 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

     The Committee on Taxation respectfully reports that it has had under consideration HB 1238 and returns the same with the recommendation that said bill be amended as follows:

f-1238

     On page 2 , delete lines 21 to 24 of the printed bill , inclusive , and insert:

"     Section 7. The county may increase the revenue payable from taxes on real property above limitations provided in §  10-13-35 by the amount of revenue that is lost by the county as a result of this Act for taxes payable in calendar year 1999. "

     On page 3 , delete lines 1 to 3 , inclusive .

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F-1238a

     On page 3 , after line 15 of the printed bill , insert:

"     Section 9A. By January 31, 2000, the secretary shall determine if any telecommunications company paid more property taxes for calendar year 1998 pursuant to section 9 of this Act than the telecommunications company paid in telecommunications gross receipts tax pursuant to this Act for calendar year 1999. If any telecommunications company paid a greater amount of property taxes for calendar year 1998 than it paid in telecommunications gross receipts tax for calendar year 1999, the secretary shall assess the telecommunications company the amount of the difference. The telecommunications company shall pay the assessment to the department by March 1, 2000. Any assessment collected shall be deposited in a special fund to be used for the schools 21st century technology program. The moneys deposited in the fund shall be appropriated pursuant to chapter 4-7 for use by the schools 21st century technology program. "

f-1238b

     On page 2 , line 7 of the printed bill , after " resold " insert " or becomes a component part of the sale " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has reconsidered HB 1289 which was tabled.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1002, 1130, 1231, and 1293 and HJR 1001 and 1005 which were deferred to the 36th legislative day.

Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1214 and SB 57 and returns the same with the recommendation that said bills do pass.

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Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 58 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1125 and returns the same with the recommendation that said bill be amended as follows:

j-1125c

     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. Terms used in this Act mean:

             (1)    "Association," the comprehensive health association established by section 2 of this Act;

             (2)    "Association policy," an individual or group policy issued by the association that provides the coverage specified in section 16 of this Act;

             (3)    "Carrier," any person that provides health insurance in the state, including an insurance company, a prepaid hospital or medical service plan, a health maintenance organization, a multiple employer welfare arrangement, and any other entity providing a plan of health insurance or health benefits subject to state insurance regulation;

             (4)    "Director," the director of the Division of Insurance;

             (5)    "Eligible expenses," the usual, customary, and reasonable charges for the health care services specified in section 16 of this Act;

             (6)    "Health care facility," a health care facility licensed pursuant to chapter 34-12;

             (7)    "Health insurance," as defined in §  58-9-3;

             (8)    "Health insurance trust fund," the fund created in section 15 of this Act;

             (9)    "Insured," an individual who is provided qualified comprehensive health insurance under an association policy, which policy may include dependents and other covered persons;

             (10)    "Medicaid," the federal-state assistance program established under Title XIX of the federal Social Security Act;

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             (11)    "Medicare," the federal government health insurance program established under Title XVIII of the Social Security Act;

             (12)    "Policy," a contract, policy, or plan of health insurance;

             (13)    "Policy year," a consecutive twelve-month period during which a policy provides or obligates the carrier to provide health insurance.

     Section 2. There is established a nonprofit corporation known as the Comprehensive Health Insurance Association which shall assure that health insurance, as limited by sections 16 and 17 of this Act, is made available to each eligible South Dakota resident who applies to the association for coverage. Any carrier providing health insurance or health care services in South Dakota shall be a member of the association. The association shall operate under a plan of operation established and approved under section 4 of this Act and shall exercise its powers through a board of directors established under section 3 of this Act.

     Section 3. The board of directors of the association shall consist of four members selected by the members of the association, from its membership; four public members selected by the Governor; the director; and two members of the Legislature, one of whom shall be appointed by the speaker of the house and one of whom shall be appointed by the president pro tempore of the senate, who shall be ex officio and nonvoting members. The Governor's appointees shall be chosen from a broad cross-section of the residents of this state.

     Members of the board may be reimbursed from the moneys of the association for expenses incurred by them as members, but may not be otherwise compensated by the association for their services.

     Section 4. The association shall submit to the director a plan of operation for the association and any amendments necessary or suitable to assure the fair, reasonable, and equitable ad- ministration of the association. The plan of operation becomes effective upon approval in writing by the director before the date on which the coverage under this Act shall be made available. After notice and hearing, the director shall approve the plan of operation if the plan is determined to be suitable to assure the fair, reasonable, and equitable administration of the association, and provides for the sharing of association losses, if any, on an equitable and proportionate basis among the member carriers. If the association fails to submit a suitable plan of operation within one hundred eighty days after the appointment of the board of directors, or if at any later time the association fails to submit suitable amendments to the plan, the director shall adopt, pursuant to chapter 1-26, rules to provide for a plan of operation. The rules shall continue in force until modified by the director or superseded by a plan submitted by the association and approved by the director. In addition to other requirements, the plan of operation shall provide for all of the following:

             (1)    The handling and accounting of assets and moneys of the association;

             (2)    The amount and method of reimbursing members of the board;

             (3)    Regular times and places for meetings of the board of directors;

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             (4)    Records to be kept of all financial transactions, and the annual fiscal reporting to the director;

             (5)    Procedures for selecting the board of directors and submitting the selections to the director for approval;

             (6)    Establishing, in cooperation with the director and the commissioner of the Bureau of Finance and Management, procedures for the determination and payment to the association from the health insurance trust fund. If funds deposited in the health insurance trust fund are insufficient to pay all of the losses, the commissioner of the Bureau of Finance and Management shall notify the director and the association of the amount of the deficiency;

             (7)    Procedures for assessing the members in proportion to their respective shares of total health insurance premiums or payments;

             (8)    The periodic advertising of the general availability of health insurance coverage from the association;

             (9)    Additional provisions necessary or proper for the execution of the powers and duties of the association.

     Section 5. The plan of operation may provide that the powers and duties of the association may be delegated. A delegation under this section takes effect only upon the approval of both the board of directors and the director. The director may not approve a delegation unless the protections afforded to the insured are substantially equivalent to or greater than those provided under this Act.

     Section 6. The association has the general powers and authority enumerated by this section and executed in accordance with the plan of operation approved by the director under section 4 of this Act. The association has the general powers and authority granted under the laws of this state to carriers licensed to issue health insurance. In addition, the association may do any of the following:

             (1)    Enter into contracts as necessary or proper to carry out this Act;

             (2)    Sue or be sued, including taking any legal action necessary or proper for recovery of any assessments for, on behalf of, or against participating carriers;

             (3)    Take legal action necessary to avoid the payment of improper claims against the association or the coverage provided by or through the association;

             (4)    Establish or utilize a medical review committee to determine the reasonably appropriate level and extent of health care services in each instance;

             (5)    Establish appropriate rates, scales of rates, rate classifications, and rating adjustments, which rates may not be unreasonable in relation to the coverage provided and the reasonable operations expenses of the association;

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             (6)    Pool risks among members;

             (7)    Issue association policies on an indemnity or provision of service basis providing the coverage required by this Act;

             (8)    Administer separate pools, separate accounts, or other plans or arrangements considered appropriate for separate members or groups of members;

             (9)    Operate and administer any combination of plans, pools, or other mechanisms considered appropriate to best accomplish the fair and equitable operation of the association;

             (10)    Appoint from among members appropriate legal, actuarial, and other committees as necessary to provide technical assistance in the operation of the association, policy and other contract design, and any other functions within the authority of the association;

             (11)    Hire independent consultants as necessary;

             (12)    Develop a method of advising applicants of the availability of other coverages outside the association and establish a list of health conditions the existence of which would make an applicant eligible without demonstrating a rejection of coverage by one carrier;

             (13)    Include in its policies a provision providing for subrogation rights by the association in a case in which the association pays expenses on behalf of an individual who is injured or suffers a disease under circumstances creating a liability upon another person to pay damages to the extent of the expenses paid by the association, but only to the extent the damages exceed the policy deductible and coinsurance amounts paid by the insured. The association may waive its subrogation rights if it determines that the exercise of the rights would be impractical, uneconomical, or would work a hardship on the insured.

     Section 7. Rates for coverages issued by the association may not be unreasonable in relation to the benefits provided, the risk experience, and the reasonable expenses of providing coverage. Separate scales of rates based on age may apply for individual risks. Rates shall take into consideration the extra morbidity and administration expenses, if any, for risks insured in the association. The rates for a given classification may not be more than one hundred fifty percent of the average premium or payment rate for that classification charged by the five carriers with the largest health insurance premium or payment volume in the state during the preceding calendar year. In determining the average rate of the five largest carriers, the rates or payments charged by the carriers shall be actuarially adjusted to determine the rate or payment that would have been charged for benefits similar to those issued by the association.

     Section 8. Following the close of each calendar year, the association shall determine the net premiums and payments, the expenses of administration, and the incurred losses of the association for the year. The association shall certify the amount of any net loss for the preceding calendar year. Assessments shall be made by the association to all members in

proportion to their respective shares of total health insurance premiums or payments for subscriber contracts received in South Dakota during the second preceding calendar year, or with paid losses in the year, coinciding with or ending during the calendar year or on any other equitable basis as provided in the plan of operation. In sharing losses, the association may abate or defer in any part the assessment of a member, if, in the opinion of the board, payment of the assessment would endanger the ability of the member to fulfill its contractual obligations. The association may also provide for an initial or interim assessment against members of the association if necessary to assure the financial capability of the association to meet the incurred or estimated claims expenses or operating expenses of the association until the next calendar year is completed. Net gains shall be held at interest to offset future losses or allocated to reduce future premiums.

     Section 9. The association shall conduct periodic audits to assure the general accuracy of the financial data submitted to the association, and the association shall have an annual audit of its operations made by an independent certified public accountant.

     Section 10. The association is subject to examination by the director. Not later than April thirtieth of each year, the board of directors shall submit to the director a financial report for the preceding calendar year in a form approved by the director.

     Section 11. The association is subject to oversight by the Interim Appropriations Committee. Not later than April thirtieth of each year, the board of directors shall submit to the Interim Appropriations Committee a financial report for the preceding year in a form approved by the committee.

     Section 12. All policy forms issued by the association shall be filed with and approved by the director before their use.

     Section 13. The association may not issue an association policy to an individual who, on the effective date of the coverage applied for, has not been rejected for, already has, or will have coverage similar to an association policy, as an insured or covered dependent.

     Section 14. The association is exempt from payment of all fees and all taxes levied by this state or any of its political subdivisions.

     Section 15. A health insurance trust fund is created within the state treasury. Any assessments paid by association members shall be deposited in the fund. Any balance remaining in the health insurance trust fund shall be retained in the fund together with any interest or earnings that are earned on the balance and may be used to cover future expenses of the association.

     Moneys deposited in the health insurance trust fund may be invested by the treasurer of state in the same manner as moneys in the general fund.

     Section 16. The association policy shall pay only the usual, customary, and reasonable charges for medically necessary eligible health care services which exceed the deductible and coinsurance amounts applicable under section 18 of this Act. Eligible expenses are the charges

for the following health care services furnished by a health care provider in an emergency situation or furnished or prescribed by a health care provider:

             (1)    Hospital services, including charges for the most common semiprivate room, for the most common private room if semiprivate rooms do not exist in the health care facility, or for the private room if medically necessary, but limited to a total of one hundred eighty days in a calendar year;

             (2)    Professional services for the diagnosis or treatment of injuries, illnesses, or conditions, other than mental or dental, which are rendered by a health care provider, or at the direction of a health care provider, by a staff of registered nurses, licensed practical nurses, or other health care providers;

             (3)    The first twenty professional visits for the diagnosis or treatment of one or more mental conditions, rendered during a calendar year by one or more health care providers, or at their direction, by their staff of registered nurses, licensed practical nurses, or other health care providers;

             (4)    Drugs and contraceptive devices requiring a prescription;

             (5)    Services of a nursing facility, for not more than one hundred eighty days in a calendar year;

             (6)    Homemaker-home health services up to one hundred eighty days of service in a calendar year;

             (7)    Use of radium or other radioactive material;

             (8)    Oxygen;

             (9)    Anesthetics;

             (10)    Prostheses, other than dental;

             (11)    Rental of durable medical equipment, other than eye glasses and hearing aids, which have no personal use in the absence of the condition for which prescribed;

             (12)    Diagnostic X rays and laboratory tests;

             (13)    Oral surgery for any of the following:

             (a)    Excision of partially or completely erupted impacted teeth;

             (b)    Excision of a tooth root without the extraction of the entire tooth;

             (c)    The gums and tissues of the mouth when not performed in connection with the extraction or repair of teeth;

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             (14)    Services of a physical therapist and services of a speech therapist;

             (15)    Professional ambulance services to the nearest health care facility qualified to treat the illness, injury, or condition;

             (16)    Processing of blood, including collecting, testing, fractionating, and distributing blood.

     Section 17. Eligible expenses do not include any of the following:

             (1)    Services for which a charge is not made in the absence of insurance or for which there is no legal obligation on the part of a patient to pay;

             (2)    Services and charges made for benefits provided under the laws of the United States, including Medicare and Medicaid, military service-connected disabilities, medical services provided for members of the armed forces and their dependents or for employees of the armed forces of the United States, and medical services financed on behalf of all citizens by the United States. However, the association policy shall pay benefits as a primary payer in any case where benefit coverage provided under the laws of the United States, including Medicare and Medicaid, or under the laws of this state is, by rule or statute, secondary to all other coverages;

             (3)    Benefits which would duplicate the provision of services or payment of charges for any care for an injury, disease, or condition for which either of the following applies:

             (a)    It arises out of and in the course of an employment subject to a workers' compensation or similar law;

             (b)    Benefits payable without regard to fault under a coverage required to be contained in any motor vehicle or other liability insurance policy or equivalent self-insurance.

             (4)    Care which is primarily for a custodial or domiciliary purpose;

             (5)    Cosmetic surgery unless provided as the result of an injury or medically necessary surgical procedure;

             (6)    Services the provision of which is not within the scope of the license or certificate of the institution or individual rendering the services;

             (7)    That part of any charge for services or articles rendered or prescribed by a health care provider which exceeds the prevailing charge in the locality where the service is provided, or a charge for services or articles not medically necessary;

             (8)    Services rendered prior to the effective date of coverage under this plan for the person on whose behalf the expense is incurred;

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             (9)    Routine physical examinations including examinations to determine the need for eye glasses and hearing aids;

             (10)    Illness or injury due to an act of war;

             (11)    Service of a blood donor and any fee for failure to replace the first three pints of blood provided to an eligible person each calendar year;

             (12)    Personal supplies or services provided by a health care facility or any other nonmedical or nonprescribed supply or service;

             (13)    Experimental services or supplies. For the purposes of this subdivision, experimental means a service or supply not recognized by the appropriate medical board as normal mode of treatment for the illness or injury involved;

             (14)    Eye surgery if corrective lenses would alleviate the problem.

     The coverage and benefit requirements of this section for association policies may not be altered by any other state law without specific reference to this Act indicating a legislative intent to add or delete from the coverage requirements of this Act.

     This Act does not prohibit the association from issuing additional types of health insurance policies with different types of benefits which, in the opinion of the board of directors, may be of benefit to the citizens of the state.

     Section 18. Except as provided in section 20 of this Act, an association policy offered in accordance with this Act shall include a deductible. Deductibles of five hundred dollars and one thousand dollars on a per person per calendar year basis shall be offered. The board may authorize deductibles in other amounts. The deductibles shall be applied to the first five hundred dollars, one thousand dollars, or other authorized amount of eligible expenses incurred by the covered person.

     Section 19. Except as provided in section 20 of this Act, a mandatory coinsurance requirement shall be imposed at the rate of twenty percent of eligible expenses in excess of the mandatory deductible.

     Section 20. The maximum aggregate out-of-pocket payments for eligible expenses by the insured in the form of deductibles and coinsurance may not exceed in a policy year:

             (1)    One thousand five hundred dollars for an individual five-hundred-dollar deductible policy;

             (2)    Two thousand dollars for an individual one-thousand-dollar deductible policy;

             (3)    Three thousand dollars for a family five-hundred-dollar deductible policy;

             (4)    Four thousand dollars for a family one-thousand-dollar deductible policy;

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             (5)    An amount authorized by the board for any other deductible policy.

     Section 21. For a family policy, the maximum annual deductible under the policy shall be the deductible chosen for a maximum of two individuals under the policy.

     Section 22. Eligible expenses incurred by a covered person in the last three months of a calendar year, and applied toward a deductible, shall also be applied toward the deductible amount in the next calendar year.

     Section 23. The lifetime benefit per covered person is two hundred fifty thousand dollars.

     Section 24. The association shall, in addition to other policies, offer Medicare supplement policies designed to supplement Medicare and provide coverage of at least fifty percent of the deductible and eighty percent of the covered expenses in section 16 of this Act. Medicare supplement plans are subject to the same limitations on premiums, deductibility, and annual out- of-pocket expenses as other association policies.

     Section 25. Except as otherwise provided in section 29 of this Act, a person is not eligible for an association policy if the person, at the effective date of coverage, has or will have coverage under any insurance plan that has coverage equivalent to an association policy. Only persons who have been residents of this state for at least one year are eligible for an association policy. Coverage under an association policy is in excess of, and may not duplicate, coverage under any other form of health insurance.

     Section 26. A person is eligible to apply for an association policy only if that person has been rejected for similar health insurance coverage or is only offered health insurance coverage at a rate exceeding the association rate.

     Section 27. An association policy shall provide that coverage of a dependent unmarried person terminates when the person becomes nineteen years of age or, if the person is enrolled full time in an accredited educational institution, terminates at twenty-five years of age. The policy shall also provide in substance that attainment of the limiting age does not operate to terminate coverage when the person is and continues to be both of the following:

             (1)    Incapable of self-sustaining employment by reason of mental retardation or physical disability; and

             (2)    Primarily dependent for support and maintenance upon the person in whose name the contract is issued.

     Proof of incapacity and dependency must be furnished to the carrier within one hundred twenty days of the person's attainment of the limiting age, and subsequently as may be required by the carrier, but not more frequently than annually after the two-year period following the person's attainment of the limiting age.

     Section 28. An association policy may contain provisions under which coverage is excluded during a period of six months following the effective date of coverage as to a given covered individual for preexisting conditions, if either of the following exists:

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             (1)    The condition has manifested itself within a period of six months before the effective date of coverage in such a manner as would cause an ordinarily prudent person to seek diagnosis or treatment; or

             (2)    Medical advice or treatment was recommended or received within a period of six months before the effective date of coverage.

     These preexisting condition exclusions shall be waived to the extent to which similar exclusions have been satisfied under any prior health insurance coverage which was involuntarily terminated, if the application for pool coverage is made not later than thirty days following the involuntary termination. For purposes of this section, involuntary termination includes termination of coverage when a conversion policy is not available or where benefits under a state or federal law providing for continuation of coverage upon termination of employment will cease or have ceased. In that case, coverage in the pool shall be effective from the date on which the prior coverage was terminated.

     This section does not prohibit preexisting conditions coverage in an association policy that is more favorable to the insured than that specified in this section.

     If the association policy contains a waiting period for preexisting conditions, an insured may retain any existing coverage the person has under an insurance plan that has coverage equivalent to the association policy for the duration of the waiting period only.

     Section 29. An individual is not eligible for coverage by the association if any of the following apply:

             (1)    The individual is at the time of application eligible for health care benefits under chapter 28-6;

             (2)    The individual has terminated coverage by the association within the past twelve months; or

             (3)    The individual is an inmate of a public institution or is eligible for public programs for which medical care is provided.

     Section 30. An association policy shall contain provisions under which the association is obligated to renew the contract until the day on which the individual in whose name the contract is issued first becomes eligible for Medicare coverage, except that in a family policy covering both husband and wife, the age of the younger spouse shall be used as the basis for meeting the durational requirements of this section. However, when the individual in whose name the contract is issued becomes eligible for Medicare coverage, the person is eligible for the Medicare supplement plan offered by the association.

     Section 31. The association may not change the rates for association policies except on a class basis with a clear disclosure in the policy of the association's right to do so.

     Section 32. An association policy shall provide that upon the death of the individual in whose name the policy is issued, every other individual then covered under the contract may

elect, within a period specified in the policy, to continue coverage under the same or a different policy until such time as the person would have ceased to be entitled to coverage had the individual in whose name the policy was issued lived.

     Section 33. The director shall adopt rules, pursuant to chapter 1-26, to provide for disclosure by carriers of the availability of insurance coverage from the association.

     Seciton 34. Neither the participation by carriers or members in the association, the establishment of rates, forms, or procedures for coverage issued by the association, nor any joint or collective action required by this Act may be the basis of any legal civil action, or criminal liability against the association or members of it, either jointly or separately.

     Section 35. Any carrier authorized to provide health care insurance or coverage for health care services in South Dakota shall provide a notice that the person is eligible to apply for health insurance provided by the association and an application for coverage to any person who receives a rejection of coverage for health insurance or health care services, or to any person who is informed that a rate for health insurance or coverage for health care services will exceed the rate of an association policy. Application for the health insurance shall be on forms prescribed by the board and made available to the carriers. "

j-1125t

     On page 1 , line 1 of the printed bill , delete everything after "to" and insert " establish a comprehensive health association to provide insurance coverage to eligible persons. " .

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1151 and returns the same with the recommendation that said bill be amended as follows:

j-1151

     On the printed bill, delete everything after the enacting clause and insert:

"      Section  1.  That chapter 32-6B be amended by adding thereto a NEW SECTION to read as follows:

     A franchisor may not modify a franchise during the terms of the franchise or upon its renewal if the modification would substantially and adversely affect the dealer's rights, obligations, investment, or return on investment without giving at least thirty days notice of the proposed modification to the dealer unless the change is required by law. Within the thirty-day period, the dealer may file an objection requesting a determination of whether good cause exists for permitting the proposed modification with the Department of Revenue and serve notice on

the franchisor. The department shall promptly schedule in hearing to be held under the provisions of chapter 1-26 and decide the matter within sixty days from the date the protest is filed. Multiple protests pertaining to the same proposed modification shall be consolidated for hearing. The proposed modification may not take effect with respect to the protesting dealer's franchise pending the determination of the matter. The written notice shall contain on the first page thereof a conspicuous statement which reads substantially as follows: 'NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A PROTEST WITH THE SOUTH DAKOTA DEPARTMENT OF REVENUE IN PIERRE, SOUTH DAKOTA, AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE PROPOSED MODIFICATION OR REPLACEMENT OF YOUR FRANCHISE WITH A SUCCEEDING FRANCHISE UNDER THE TERMS OF SOUTH DAKOTA LAW IF YOU OPPOSE THIS ACTION.' "

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1314 and returns the same with the recommendation that said bill be amended as follows:

x-1314

     On page 3 , delete lines 13 and 14 of the printed bill , and insert:

"

     Section 2. Health care contracts shall describe the health care services offered by the managed care organization and shall contain: "

     On page 4 , line 6 , delete " and " and insert ";".

     On page 4 , delete line 7 .

     On page 4 , line 18 , delete " general " .

     On page 5 , line 13 , after " coinsurance " insert " or payment for noncovered services " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1175 and 1304 which were deferred to the 36th legislative day.

Respectfully submitted,
Robert Roe, Chair

---

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 3 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

     The Committee on Local Government respectfully reports that it has had under consideration HB 1247 and returns the same with the recommendation that said bill be amended as follows:

x-1247

     On page 1 , line 10 of the printed bill , delete everything after " full. " .

     On page 1 , delete lines 11 and 12 .

X-1247t

     On page 1 , line 2 of the printed bill , delete everything after " circumstances " and insert " . "

     On page 1 , delete line 3 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1001, 1068, and 1290 and SB 4 which were deferred to the 36th legislative day.

Respectfully submitted,
Kay Jorgensen, Chair

MR. SPEAKER:

    I have the honor to transmit herewith SB 140, 172, 220, 233, 237, and 238 which have passed the Senate and your favorable consideration is respectfully requested.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1204 which has been amended by the Senate and your concurrence in the amendment is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

---

     Rep. Roe moved that SB 67 be referred from the Committee on Commerce to the Committee on Transportation.

     Which motion prevailed and the bill was so referred.

     HCR 1005:   A CONCURRENT RESOLUTION,   Requesting the Congress of the United States to pass legislation providing election campaign finance reform.

     Rep. Lucas moved that HCR 1005 as found on pages 143 and 144 and as amended on pages 426 and 427 of the House Journal be adopted.

     The question being on Rep. Lucas' motion that HCR 1005 be adopted.

     And the roll being called:

     Yeas 49, Nays 19, Excused 2, Absent and Not Voting 0

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Collier; Cutler; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hunt; Jaspers; Jorgensen; Kazmerzak; Konold; Kooistra; Kredit; Lee; Lucas; Matthews; McNenny; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Waltman; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Cerny; Chicoine; Crisp; Davis; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Hassard; Johnson (Doug); Koetzle; Koskan; Lockner; Monroe; Moore; Schaunaman; Volesky; Windhorst

     Excused were:
Apa; Madden

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1005 was adopted.

     Yesterday, Rep. Volesky announced his intention to reconsider the vote by which HB 1189 was lost.

     Rep. Volesky moved to reconsider the vote by which HB 1189 was lost.

     The question being on Rep. Volesky's motion to reconsider the vote by which HB 1189 was lost.

---

     And the roll being called:

     Yeas 30, Nays 38, Excused 2, Absent and Not Voting 0

     Yeas were:
Brooks; Brown (Richard); Cerny; Collier; Crisp; Cutler; Duxbury; Eccarius; Fiegen; Fischer- Clemens; Fitzgerald; Gabriel; Hunt; Konold; Kooistra; Koskan; Kredit; Lee; Lucas; Matthews; Peterson (Bill); Putnam; Schrempp; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick; Speaker Hagg

     Nays were:
Barker; Belatti; Broderick; Brown (Gary); Chicoine; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Gleason; Hagen; Haley; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Lockner; Madden; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Richter; Roe; Rost; Schaunaman; Smidt; Sokolow; Solum; Wetz; Windhorst

     Excused were:
Apa; Brown (Jarvis)

     So the motion not having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion lost.

     HCR 1012   Introduced by:  Representatives Brown (Richard), Jorgensen, Pederson (Gordon), Schaunaman, and Schrempp

A CONCURRENT RESOLUTION,  Setting forth certain legislative policy recommendations     to the Game, Fish and Parks Commission.

     WHEREAS,  in recent years, irresistible demographic and economic forces have exerted powerful and pervasive changes on the American hunting tradition; and

     WHEREAS,  South Dakota has not proven immune from these national trends but finds herself struggling to adapt and adjust to pressures which threaten many longstanding social relationships; and

     WHEREAS,  South Dakotans, as residents of one of the last few truly rural states in this rapidly urbanizing country, cherish our heritage of hunting, fishing, and outdoor activities and wish to preserve that experience for our posterity; and

     WHEREAS,  we recognize that the foundation of this rural tradition has always been the stewardship of the land and preservation of wildlife resources exercised by the American family farmer and rancher; and

     WHEREAS,  the sacrifice and diligence that South Dakota landowners have freely offered in support of our wildlife and game resources constitute a debt of gratitude which can never be adequately repaid from the public treasury; and

---

     WHEREAS,  the Game, Fish and Parks Commission has attempted to seek out and implement new policies in response to changing conditions which have been met with frequent and, sometimes unfair, criticism from all sides; and

     WHEREAS,  the Legislative Research Council conducted a comprehensive study of hunting issues during the 1997 interim in the hope of providing an open forum for the expression of contrasting viewpoints and the mediation of honest differences; and

     WHEREAS,  it is now incumbent upon this legislative body to deliberate over these issues and to support the efforts of the commission by offering a number of policy recommendations that we may deem appropriate and beneficial to the resolution of these problems:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- third Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature urges the Game, Fish and Parks Commission to consider each of the following proposed policy changes and, after due deliberation and evaluation, to implement these policies, with such alterations as the commission may deem necessary and appropriate, and, to the extent possible, to do so in time for the 1998 hunting season:

             (1)    Increase the number of big game licenses and allow nonresident and resident big game licenses to be nonunit specific or multiunit specific to facilitate continuing relationships between landowners and nonresidents with whom they may have formed a special friendship. Revenues received by the department shall be used by the department to attempt to acquire free public hunting access through lease agreements and to support expanded wildlife damage management programs;

             (2)    Move up drawing dates on various license classes to allow hunters more and earlier opportunity to contact landowners and structure their hunting experience;

             (3)    Provide that if an applicant obtains the signature of an area landowner on any valid application for any big game license attesting to the landowner's willingness to permit the applicant to hunt on the landowner's land, the applicant shall receive a preference in the license drawing;

             (4)    Aggressively solicit landowner input in formulating wildlife management policies and determining season design;

             (5)    Remove the one-thousand dollar cap on walk-in area lease payments to encourage landowners to offer larger tracts of land for inclusion in the program;

             (6)    Evaluate whether the department is employing a sufficient number of conservation officers and whether these conservation officers are sufficiently trained and supported to adequately perform their crucial role of interacting with both landowners and sportsmen, to provide prompt and effective depredation mitigation, and to enforce trespass and game law violations;

---

             (7)    Endeavor to identify locations as early in the year as possible where depredation is likely to constitute a problem and to initiate contacts with area landowners in an attempt to prevent depredation before complaints come in to the department;

             (8)    Consider a moratorium on large-scale land acquisitions while placing greater emphasis on the use of leases in order to facilitate public access;

             (9)    Extend the special west river trophy buck program to include the east river resident;

             (10)    Consider preferences, special license classifications, or other means of encouraging the harvest of antlerless deer;

             (11)    Establish a service within the department whereby interested landowners may, free of charge, make available to hunters a listing of properties on which they are willing to provide general hunting access and any terms or conditions that may apply. It should be clear that listing property in this manner does not limit the landowner's right to refuse access to any objectionable individual;

             (12)    Reevaluate whether populations of feral game species cannot be identified and treated differently than populations of the same species of wild game;

             (13)    Study the feasibility of implementing a pilot program to address the present dissatisfactions with west river deer licensing as well as the feasibility of coupon systems and report findings and recommendations to the next legislative assembly; and

     BE IT FURTHER RESOLVED,  that we commend the efforts of all men and women of good faith who are working constructively to preserve our American heritage of free and responsible public hunting and private agricultural landownership and pledge ourselves to be open and receptive to all ideas and opinions that are intended to foster those ends.

     Was read the first time and the Speaker waived the committee referral.

     Rep. McNenny moved that the Committee on Commerce be instructed to deliver HB 1175 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

     Rep. Collier moved that the Committee on State Affairs be instructed to deliver HB 1066 to the floor of the House, pursuant to Joint Rule 7-7.

    A roll call vote was requested and supported.

     The question being on Rep. Collier's motion that the Committee on State Affairs be instructed to deliver HB 1066 to the floor of the House, pursuant to Joint Rule 7-7.

     And the roll being called:

---

     Yeas 22, Nays 44, Excused 3, Absent and Not Voting 1

     Yeas were:
Barker; Cerny; Chicoine; Collier; Davis; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Lee; Lockner; Lucas; Moore; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman

     Nays were:
Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Crisp; Cutler; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Kooistra; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Solum; Van Gerpen; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Apa; de Hueck; Munson (Donald)

     Absent and Not Voting were:
Brown (Richard)

     So the motion not having received an affirmative vote of one-third or more of the members-elect, the Speaker declared the motion lost.

     Rep. Volesky moved that the Committee on State Affairs be instructed to deliver HB 1294 to the floor of the House, pursuant to Joint Rule 7-7.

    A roll call vote was requested and supported.
    
    The question being on Rep. Volesky's motion that the Committee on State Affairs be instructed to deliver HB 1294 to the floor of the House, pursuant to Joint Rule 7-7.

     And the roll being called:

     Yeas 24, Nays 44, Excused 1, Absent and Not Voting 1

     Yeas were:
Barker; Cerny; Chicoine; Collier; Davis; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Lucas; Moore; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Weber

     Nays were:
Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Crisp; Cutler; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Konold; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Solum; Van Gerpen; Wetz; Wick; Windhorst; Speaker Hagg

---

     Excused were:
Apa

     Absent and Not Voting were:
Gabriel

     So the motion having received an affirmative vote of one-third or more of the members- elect, the Speaker declared the motion was supported and the committee was so instructed.

     Rep. Jorgensen moved that the Committee on Taxation be instructed to deliver HB 1231 to the floor of the House, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

    The calendar committee announced that HB 1276 was reported out of committee without its amendment attached. The bill will be placed on tomorrow's calendar under Consideration of Reports.

     Rep. Gabriel moved that the reports of the Standing Committees on

     Appropriations on HB 1186 as found on page 448 of the House Journal; also

     State Affairs on HB 1269 as found on pages 463 to 465 of the House Journal; also

     Transportation on HB 1140 as found on pages 465 to 471 of the House Journal; also

     Transportation on HB 1298 as found on pages 471 and 472 of the House Journal be adopted.

    Which motion prevailed and the reports were adopted.

     Rep. Peterson (Bill) moved that HJR 1004 be placed on the calendar of Wednesday, February 11th, the 22nd legislative day.

     The question being on Rep. Peterson's motion that HJR 1004 be placed on the calendar of Wednesday, February 11th, the 22nd legislative day.

     And the roll being called:

---

     Yeas 39, Nays 29, Excused 1, Absent and Not Voting 1

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Richard); Collier; Cutler; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Hagen; Koetzle; Konold; Kooistra; Lucas; Madden; Matthews; Munson (Donald); Napoli; Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Wick; Speaker Hagg

     Nays were:
Brown (Jarvis); Cerny; Chicoine; Crisp; Davis; Duxbury; Gabriel; Gleason; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koskan; Kredit; Lockner; McNenny; Monroe; Moore; Pederson (Gordon); Schaunaman; Schrempp; Volesky; Waltman; Weber; Wetz; Windhorst

     Excused were:
Apa

     Absent and Not Voting were:
Lee

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HJR 1004 was so placed.

     HB 1104:   FOR AN ACT ENTITLED, An Act   to exempt certain contracting school districts from certain taxation requirements.

     Was read the second time.

     The question being "Shall HB 1104 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 1, Absent and Not Voting 1

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; 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; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

---

     Nays were:
Hunt; Roe

     Excused were:
Apa

     Absent and Not Voting were:
Brown (Richard)

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1299:   FOR AN ACT ENTITLED, An Act   to provide for a temporary permit to practice as an athletic trainer.

     Was read the second time.

     The question being "Shall HB 1299 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 5, Excused 1, Absent and Not Voting 0

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

     Nays were:
Barker; Brooks; Fitzgerald; Monroe; Roe

     Excused were:
Apa

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     SB 44:   FOR AN ACT ENTITLED, An Act   to revise the methods of compensating the administrator of the South Dakota Retirement System.

     Was read the second time.

---

     The question being "Shall SB 44 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; 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; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Apa

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     SB 45:   FOR AN ACT ENTITLED, An Act   to provide benefit improvements for the members of the South Dakota Retirement System.

     Was read the second time.

     The question being "Shall SB 45 pass?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent and Not Voting 0

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

     Nays were:
Koskan

---

     Excused were:
Apa

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     SB 46:   FOR AN ACT ENTITLED, An Act   to increase the time period to choose additional survivor protection coverage under the South Dakota Retirement System.

     Was read the second time.

     The question being "Shall SB 46 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 1, Absent and Not Voting 1

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; 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; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Excused were:
Apa

     Absent and Not Voting were:
Gabriel

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     SB 47:   FOR AN ACT ENTITLED, An Act   to revise the age at which certain members of the South Dakota Retirement System can retire without a reduction in benefits.

     Was read the second time.

     The question being "Shall SB 47 pass?"

     And the roll being called:

---

     Yeas 65, Nays 2, Excused 3, Absent and Not Voting 0

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

     Nays were:
Duniphan; Koskan

     Excused were:
Apa; Derby; Schaunaman

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     SB 48:   FOR AN ACT ENTITLED, An Act   to permit the Huron firefighters to participate in the South Dakota Retirement System.

     Was read the second time.

     The question being "Shall SB 48 pass?"

     And the roll being called:

     Yeas 67, Nays 1, Excused 2, Absent and Not Voting 0

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

     Nays were:
Koskan

     Excused were:
Apa; Schaunaman

---

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     SB 49:   FOR AN ACT ENTITLED, An Act   to prorate the interest on contributions under the South Dakota Retirement System.

     Was read the second time.

     The question being "Shall SB 49 pass?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, Absent and Not Voting 0

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; 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; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Crisp

     Excused were:
Apa

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     SB 50:   FOR AN ACT ENTITLED, An Act   to reduce the eligibility period for vesting in the South Dakota Retirement System.

     Was read the second time.

     The question being "Shall SB 50 pass?"

     And the roll being called:

---

     Yeas 63, Nays 6, Excused 1, Absent and Not Voting 0

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

     Nays were:
Belatti; Crisp; Duniphan; Fiegen; Koskan; Windhorst

     Excused were:
Apa

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     SB 51:   FOR AN ACT ENTITLED, An Act   to prorate a South Dakota Retirement System benefit recipient's initial annual improvement factor.

     Was read the second time.

     The question being "Shall SB 51 pass?"

     And the roll being called:

     Yeas 66, Nays 1, Excused 1, Absent and Not Voting 2

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; 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; Schaunaman; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Crisp

     Excused were:
Apa

---

     Absent and Not Voting were:
Fischer-Clemens; Schrempp

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1229:   FOR AN ACT ENTITLED, An Act   to revise the distribution of revenue from the petroleum release compensation and tank inspection fee and from the capital construction fund.

     Having had its second reading was up for reconsideration and final passage.

b-1229e

     Rep. Gabriel moved that HB 1229 be amended as follows:

     On page 1 , line 14 of the House Commerce committee engrossed bill , after " petroleum. " insert " Beginning on January 1, 2003, the fee is ten dollars per one thousand gallons of petroleum. " .

     On page 2 , line 4 , delete " Fifty " and insert " During fiscal year 1999, forty-two " .

     On page 2 , line 6 , before " ; " insert " . Beginning in fiscal year 2000 to December 31, 2002, inclusive, fifty percent shall be deposited in the state capital construction fund created in §  5-27- 1. Beginning on January 1, 2003, seventy-eight and seven-tenths percent shall be deposited in the state capital construction fund " .

     On page 2 , line 7 , delete " Fifty " and insert " During fiscal year 1999, fifty-eight " .

     On page 2 , line 8 , after "fund." insert " Beginning in fiscal year 2000 to December 31, 2002, inclusive, fifty percent shall be deposited in the petroleum release compensation fund. Beginning on January 1, 2003, twenty-one and three-tenths percent shall be deposited in the petroleum release compensation fund. " .

     On page 2 , line 13 , delete " The " and insert " During fiscal year 1999, the " .

     On page 2 , line 14 , delete " thirty-three and one-quarter " and insert " twenty-four and two- tenths " .

     On page 2 , line 15 , after "fund." insert " Beginning in fiscal year 2000 to December 31, 2002, inclusive, the Bureau of Finance and Management shall transfer each month thirty-three and one-quarter percent of the monthly state capital construction fund revenues from the state capital construction fund to the ethanol fuel fund. Beginning on January 1, 2003, the Bureau of Finance and Management shall transfer each month twenty-five and six-tenths percent of the

monthly state capital construction fund revenues from the state capital construction fund to the ethanol fuel fund. " .

     On page 2 , line 20 , delete " The " and insert " During fiscal year 1999, the " .

     On page 2 , line 21 , delete " three and one-half " and insert " three and six-tenths " .

     On page 2 , line 22 , after "fund." insert " Beginning in fiscal year 2000 to December 31, 2002, inclusive, the Bureau of Finance and Management shall transfer each month three and one-half percent of the monthly state capital construction fund revenues from the state capital construction fund to the public and special transportation fund. Beginning on January 1, 2003, the Bureau of Finance and Management shall transfer each month two and six-tenths percent of the monthly state capital construction fund revenues from the state capital construction fund to the public and special transportation fund. " .

     On page 3 , line 3 , delete " The " and insert " During fiscal year 1999, the " .

     On page 3 , line 4 , delete " sixty-three and one-quarter " and insert " seventy-two and two- tenths " .

     On page 3 , line 6 , after "fund." insert " Beginning in fiscal year 2000 to December 31, 2002, inclusive, the Bureau of Finance and Management shall transfer each month sixty-three and one- quarter percent of the monthly state capital construction fund revenues from the state capital construction fund to the water and environment fund. Beginning on January 1, 2003, the Bureau of Finance and Management shall transfer each month seventy-one and eight-tenths percent of the monthly state capital construction fund revenues from the state capital construction fund to the water and environment fund. " .

     On page 3 , delete line 7 .

     Which motion prevailed and HB 1229 was so amended.

r-1229

     Rep. Munson (Donald) moved that HB 1229 be further amended as follows:

     On page 3 , after line 7 of the House Commerce committee engrossed bill , insert:

"     Section 6. In order to qualify for compensation from the ethanol fuel fund, no ethanol producer may purchase corn at less than thirty cents per bushel below the corresponding CBOE contract or spot price. "

     Rep. Weber moved that Rep. Munson's motion to further amend HB 1229 be laid on the table.

     Which motion prevailed and Rep. Munson's motion to further amend HB 1229 was laid on the table.

---

     The question now being "Shall HB 1229 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; 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; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Cerny; Windhorst

     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1272:   FOR AN ACT ENTITLED, An Act   to require certain children in passenger vehicles to be in a child passenger restraint system.

     Having had its second reading was up for reconsideration and final passage.

     The question being "Shall HB 1272 pass?"

     And the roll being called:

     Yeas 38, Nays 32, Excused 0, Absent and Not Voting 0

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Collier; Crisp; Cutler; Davis; Derby; Diedrich; Duniphan; Duxbury; Eccarius; Fiegen; Fischer- Clemens; Fitzgerald; Gleason; Haley; Kazmerzak; Konold; Kooistra; Lee; Lockner; Matthews; Peterson (Bill); Richter; Roe; Rost; Schaunaman; Smidt; Van Gerpen; Volesky; Windhorst; Speaker Hagg

     Nays were:
Apa; Cerny; de Hueck; Duenwald; Gabriel; Hagen; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Koskan; Kredit; Lucas; Madden; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Pummel; Putnam; Schrempp; Sokolow; Solum; Sperry; Waltman; Weber; Wetz; Wick

---

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1244:   FOR AN ACT ENTITLED, An Act   to revise certain provisions relating to the practice of pharmacy.

     Having had its second reading was up for consideration and final passage.

r-1244c

     Rep. Duenwald moved as a substitute motion to Rep. Collier's pending amendment as found on page 443 of the House Journal that HB 1244 be amended as follows:

     On the House Health and Human Services committee engrossed bill, delete everything after the enacting clause and insert:

"

     Section 1. No pharmacist may be required to dispense medication if there is reason to believe that the medication would be used to:

             (1)    Cause an abortion; or

             (2)    Destroy an unborn child as defined in subdivision 22-1-2(50A); or

             (3)    Cause the death of any person by means of an assisted suicide, euthanasia, or mercy killing.

     No such refusal to dispense medication pursuant to this section may be the basis for any claim for damages against the pharmacist or the pharmacy of the pharmacist or the basis for any disciplinary, recriminatory, or discriminatory action against the pharmacist. "

     Rep. Barker moved that HB 1244 and all amendments be laid on the table.

     The question being on Rep. Barker's motion that HB 1244 and all amendments be laid on the table.

     And the roll being called:

     Yeas 24, Nays 45, Excused 0, Absent and Not Voting 1

     Yeas were:
Barker; Belatti; Brown (Gary); Brown (Richard); Collier; Crisp; Cutler; Davis; Duniphan; Fischer-Clemens; Hagen; Haley; Hassard; Johnson (Doug); Jorgensen; Koetzle; Lockner; Lucas; Moore; Pederson (Gordon); Richter; Schaunaman; Sokolow; Sperry

---

     Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Cerny; Chicoine; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Eccarius; Fiegen; Fitzgerald; Gabriel; Gleason; Hunt; Jaspers; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Madden; Matthews; McNenny; Monroe; Munson (Donald); Napoli; Peterson (Bill); Pummel; Putnam; Roe; Rost; Schrempp; Smidt; Solum; Van Gerpen; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Absent and Not Voting were:
Volesky

     So the motion not having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion lost.

     Rep. Sokolow moved the previous question.

     Which motion prevailed.

     The question being on Rep. Duenwald's substitute motion that HB 1244 be amended.

     Which motion prevailed and HB 1244 was so amended.

     Rep. Napoli moved the previous question.

     Which motion prevailed.

     The question now being "Shall HB 1244 pass as amended?"

     And the roll being called:

     Yeas 57, Nays 10, Excused 0, Absent and Not Voting 3

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Davis; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hassard; Hunt; Jaspers; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Kredit; Lee; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Peterson (Bill); Pummel; Putnam; Roe; Rost; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Cutler; Duniphan; Hagen; Haley; Johnson (Doug); Jorgensen; Lucas; Pederson (Gordon); Richter; Schaunaman

---

     Absent and Not Voting were:
Barker; Collier; Lockner

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     Speaker Pro tempore Hunt now presiding.

     Rep. Gabriel moved that the rules be suspended for the sole purpose of amending the title to HB 1229.

     The question being on Rep. Gabriel's motion that the rules be suspended for the sole purpose of amending the title to HB 1229.

     And the roll being called:

     Yeas 66, Nays 0, Excused 1, Absent and Not Voting 3

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

     Excused were:
Brown (Jarvis)

     Absent and Not Voting were:
Barker; Collier; Koskan

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the Speaker declared the motion carried and the rules were suspended.

     Rep. Gabriel moved that the title to HB 1229 be amended as follows:

     On page 1 , line 1 of the House Commerce committee engrossed bill , after " to " insert " decrease the petroleum release compensation and tank inspection fee and to " .

     Which motion prevailed and the title was so amended.

---

     HB 1262:   FOR AN ACT ENTITLED, An Act   to require health insurance coverage for mental illness.

     Was read the second time.

     Rep. Cutler requested a fiscal note on HB 1262.

     Which request was supported.

     HB 1279:   FOR AN ACT ENTITLED, An Act   to prohibit the possession of a firearm by persons convicted of certain felony drug offenses.

     Having had its second reading was up for consideration and final passage.

     The question being "Shall HB 1279 pass?"

     And the roll being called:

     Yeas 53, Nays 13, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Chicoine; Collier; Davis; Derby; Diedrich; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Konold; Kooistra; Koskan; Lucas; Madden; Matthews; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

     Nays were:
Crisp; Cutler; de Hueck; Duenwald; Duxbury; Gleason; Jorgensen; Lee; Lockner; McNenny; Schaunaman; Schrempp; Windhorst

     Excused were:
Cerny; Koetzle; Kredit

     Absent and Not Voting were:
Hagen

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1281:   FOR AN ACT ENTITLED, An Act   to authorize certain uses of money in a school district's special education fund.

     Was read the second time.

---

x-1281

     Rep. Gabriel moved that HB 1281 be amended as follows:

     On page 2 , line 1 of the House Education committee engrossed bill , after " education " insert " and specified in a student's individualized education plan " .

     Which motion prevailed and HB 1281 was so amended.

     The question being "Shall HB 1281 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 5, Excused 2, Absent and Not Voting 0

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

     Nays were:
Cutler; Duniphan; Hassard; Koskan; Munson (Donald)

     Excused were:
Koetzle; Kredit

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     Speaker Hagg now presiding.

     HB 1025:   FOR AN ACT ENTITLED, An Act   to revise certain provisions regarding confidentiality of child abuse or neglect information.

     Having had its second reading was up for consideration and final passage.

t-1025

     Rep. Hunt moved that HB 1025 be amended as follows:

---

     On page 2 , line 17 of the House Judiciary committee engrossed bill , delete " Any " and insert " State hearing examiners and any " .

     Which motion prevailed and HB 1025 was so amended.

     The question being "Shall HB 1025 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 1, Absent and Not Voting 1

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

     Nays were:
Barker; de Hueck

     Excused were:
Kredit

     Absent and Not Voting were:
Jorgensen

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     HB 1173:   FOR AN ACT ENTITLED, An Act   to revise the procedures to confirm a change of designated telecommunications companies.

     Was read the second time.

     The question being "Shall HB 1173 pass as amended?"

     And the roll being called:

---

     Yeas 55, Nays 14, Excused 0, Absent and Not Voting 1

     Yeas were:
Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Collier; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Jorgensen; Kazmerzak; Koetzle; Konold; Kooistra; Koskan; Lee; Lockner; Lucas; McNenny; Monroe; Munson (Donald); Napoli; Pederson (Gordon); Richter; Roe; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Wetz; Wick; Windhorst; Speaker Hagg

     Nays were:
Apa; Barker; Brown (Richard); Crisp; Duniphan; Johnson (Doug); Kredit; Madden; Matthews; Peterson (Bill); Pummel; Putnam; Rost; Weber

     Absent and Not Voting were:
Moore

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

     Speaker Pro tempore Hunt now presiding.

     HJR 1008:   A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, relating to four-year legislative terms and legislative term limits.

     Was read the second time.

     The question being "Shall HJR 1008 pass as amended?"

     And the roll being called:

     Yeas 23, Nays 45, Excused 0, Absent and Not Voting 2

     Yeas were:
Broderick; Brooks; Brown (Richard); Cerny; Chicoine; Diedrich; Fiegen; Fitzgerald; Haley; Hunt; Kooistra; Koskan; Lucas; Madden; McNenny; Munson (Donald); Pederson (Gordon); Pummel; Putnam; Smidt; Solum; Sperry; Speaker Hagg

     Nays were:
Apa; Barker; Belatti; Brown (Gary); Brown (Jarvis); Collier; Crisp; Cutler; Davis; de Hueck; Derby; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Gabriel; Gleason; Hagen; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Konold; Kredit; Lee; Matthews; Monroe; Napoli; Peterson (Bill); Richter; Roe; Rost; Schaunaman; Schrempp; Sokolow; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

---

     Absent and Not Voting were:
Lockner; Moore

     So the resolution not having received an affirmative vote of a majority of the members- elect, the Speaker declared the resolution lost.

    HB 1009   :   FOR AN ACT ENTITLED, An Act   to establish a coupon bounty program for coyotes.

    Having had its second reading was up for reconsideration and final passage.

r-1009a

     Rep. McNenny moved that HB 1009 be amended as follows:

     On page 2 , line 8 of the printed bill , overstrike everything after " paid " .

     On page 2 , line 9 , overstrike " control fund " .

     On page 5 , delete line 7 , and insert " his a warrant therefor upon the state predatory animal control fund and mail the same " .

     On page 5 , line 8 of the printed bill , after " . " insert " However, no bounty claim may be paid from any moneys appropriated to the parks division. " .

    Rep. Cerny moved the previous question.

    Which motion prevailed.

     The question being on Rep. McNenny's motion to amend HB 1009.

     A roll call vote was requested and supported.
    
    And the roll being called:

     Yeas 40, Nays 29, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Broderick; Brown (Gary); Cerny; Collier; Cutler; Davis; Diedrich; Duenwald; Fitzgerald; Gabriel; Gleason; Hagen; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koskan; Kredit; Lockner; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Peterson (Bill); Pummel; Putnam; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Waltman; Weber; Windhorst

---

     Nays were:
Belatti; Brooks; Brown (Jarvis); Brown (Richard); Chicoine; Crisp; de Hueck; Derby; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Haley; Hunt; Koetzle; Konold; Kooistra; Lee; Lucas; Pederson (Gordon); Richter; Roe; Rost; Schaunaman; Volesky; Wetz; Wick; Speaker Hagg

     Absent and Not Voting were:
Barker

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and HB 1009 was so amended.

    Rep. Roe moved that HB 1009 be further amended as follows:

    On page 6, after line 14 of the printed bill, insert:

    "Section 16. There is hereby appropriated two hundred thousand dollars ($200,000) from the general fund for the payment of the coyote coupon bounty program."

    Which motion lost.

     Rep. Fischer-Clemens moved the previous question.

     Which motion prevailed.

     The question now being "Shall HB 1009 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 36, Excused 0, Absent and Not Voting 1

     Yeas were:
Apa; Cerny; Chicoine; Davis; Derby; Diedrich; Duenwald; Fischer-Clemens; Fitzgerald; Gabriel; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kooistra; Koskan; Kredit; Lockner; Madden; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pummel; Putnam; Schrempp; Smidt; Sokolow; Solum; Sperry; Waltman; Weber

     Nays were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Collier; Crisp; Cutler; de Hueck; Duxbury; Eccarius; Fiegen; Gleason; Hagen; Haley; Hunt; Kazmerzak; Koetzle; Konold; Lee; Lucas; Matthews; Pederson (Gordon); Peterson (Bill); Richter; Roe; Rost; Schaunaman; Van Gerpen; Volesky; Wetz; Wick; Windhorst; Speaker Hagg

     Absent and Not Voting were:
Duniphan

---

     So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

     Rep. Gabriel moved that HB 1216 be placed to follow HB 1315 on today's calendar.

     Which motion prevailed and the bill was so placed.

     Speaker Hagg now presiding.

     HB 1197:   FOR AN ACT ENTITLED, An Act   to increase the penalties for drug distribution and storage and for possession of drugs and drug paraphernalia.

     Having had its second reading was up for consideration and final passsage.

    Rep. Richter moved the previous question.

    Which motion prevailed.

     The question being "Shall HB 1197 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 35, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Richard); Duenwald; Duniphan; Eccarius; Fiegen; Fitzgerald; Gabriel; Hassard; Hunt; Jaspers; Johnson (Doug); Konold; Koskan; Kredit; Madden; Matthews; McNenny; Monroe; Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Smidt; Solum; Van Gerpen; Weber; Wetz; Wick

     Nays were:
Barker; Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duxbury; Fischer-Clemens; Gleason; Hagen; Haley; Jorgensen; Kazmerzak; Koetzle; Kooistra; Lee; Lockner; Lucas; Moore; Munson (Donald); Roe; Rost; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Windhorst; Speaker Hagg

     So the bill not having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill lost.

     Rep. Gabriel announced his intention to reconsider the vote by which HB 1197 was lost.

     Rep. Gabriel moved that HB 1096, 1099, 1146, 1116, 1217, 1221, 1263, 1313, 1315, and 1216 be deferred until Wednesday, February 11th, the 22nd legislative day.

---

     Which motion prevailed and the bills were so deferred.

     SB 140:   FOR AN ACT ENTITLED, An Act   to revise the maximum length of certain vehicle combinations.

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

     SB 172:   FOR AN ACT ENTITLED, An Act   to establish a sheep checkoff program.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     SB 220:   FOR AN ACT ENTITLED, An Act   to prohibit any person under the age of eighteen to drive a motor vehicle after consuming alcoholic beverages.

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

     SB 233:   FOR AN ACT ENTITLED, An Act   to reduce the property tax levies for general funds of a school district for the purposes of maintaining the relationship between state aid to general education and local effort and to provide for a five percent reduction in property taxes for certain types of property.

     Was read the first time and referred to the Committee on State Affairs.

     SB 237:   FOR AN ACT ENTITLED, An Act   to revise the grounds for jury challenges for cause.

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

     SB 238:   FOR AN ACT ENTITLED, An Act   to make an appropriation to fund tax refunds for elderly and disabled persons.

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

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MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1041, 1042, 1045, 1049, 1052, 1053, 1139, 1152, 1154, 1176, 1198, 1224, and 1254 were delivered to his Excellency, the Governor, for his approval at 3:35 p.m., February 10, 1998.

Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1007 and finds the same correctly enrolled.

Respectfully submitted,
REX HAGG, Chair

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1092 and returns the same with the recommendation that said bill be amended as follows:

t-1092

     On page 2 , line 23 of the printed bill , after " age " insert " , the provisions of § 13-28-5 notwithstanding " .

     On page 4 , line 15 , delete " community members, and " .

     On page 4 , line 15 , after " school " insert " , and any other person " .

     On page 4 , line 16 , delete " and " and insert " . Only staff members and teachers employed by the school and parents of children enrolled in the school " .

     On page 4 , line 22 , delete " The conversion shall " .

     On page 4 , line 23 , delete everything before " The " .

     On page 4 , line 24 , after " limited. " insert " Final approval for a charter school shall be completed by January first of the year preceding enrollment. " .

     On page 5 , line 17 , delete " three " and insert " one year " .

     On page 5 , line 18 , delete " years " .

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     On page 6 , line 21 , delete " The South Dakota Board of Education and its members, a " and insert " A " .

    

t-1092

     On page 2 , line 23 of the printed bill , after " age " insert " , the provisions of § 13-28-5 notwithstanding " .

     On page 4 , line 15 , delete " community members, and " .

     On page 4 , line 15 , after " school " insert " , and any other person " .

     On page 4 , line 16 , delete " and " and insert " . Only staff members and teachers employed by the school and parents of children enrolled in the school " .

     On page 4 , line 22 , delete " The conversion shall " .

     On page 4 , line 23 , delete everything before " The " .

     On page 4 , line 24 , after " limited. " insert " Final approval for a charter school shall be completed by January first of the year preceding enrollment. " .

     On page 5 , line 17 , delete " three " and insert " one year " .

     On page 5 , line 18 , delete " years " .

     On page 6 , line 21 , delete " The South Dakota Board of Education and its members, a " and insert " A " .

    

t-1092a

     On page 2 , line 5 of the printed bill , after " including " insert " any testing and high school graduation requirements and " .

     On page 2 , line 11 , delete " 12 " and insert " 13 " .

     On page 2 , line 17 , after " requirements " insert " for facilities, students, and staff " .

     On page 3 , line 16 , delete " , or postsecondary vocational-technical school " .

     On page 3 , line 18 , delete " a school district governing board " and insert " the school board of the public school district in which the charter school will be located and operated " .

     On page 3 , line 20 , delete " governing board. If the governing " and insert " local school board. If the local school " .

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     On page 3 , line 21 , delete " governing " and insert " local school " .

     On page 3 , line 22 , delete " governing " and insert " local school " .

     On page 5 , line 11 , delete " , by the governing body " and insert " by the local school board " .

     On page 5 , line 12 , delete " or by the board of directors of the charter school " .

     On page 5 , delete lines 22 to 24 , inclusive , and insert:

"      Section 10. The students enrolled in any charter school created pursuant to this Act shall be included in the general enrollment average daily membership of the school district in which the charter school is located for purposes of calculating state aid for the school district. The charter school shall receive a proportionate share of the school district's state aid funding amount paid pursuant to chapter 13-13, local tax receipts collected for the general fund, and state apportionment, based on the percentage of students comprising the district's general enrollment average daily membership who are enrolled in the charter school. Excluding the Individuals with Disabilities Education Act and state aid to special education pursuant to chapter 13-37, the proportionate share of monies generated under federal or state formula-funded categorical aid programs shall be provided to the charter school serving students eligible for such aid.

     A charter school may accept any lawful gift, grant, donation, or other financial assistance. The gift, grant, donation, or other financial assistance shall be used in accordance with terms and conditions specified by the donor and may not be contrary to the terms of the contract under which the charter school was established. The acceptance of such gifts, grants, donations, or other financial assistance does not diminish the charter school's eligibility for funding available pursuant to this section.

     Section 11. The resident district is responsible for the provision of a free, appropriate public education for students in need of special education or special education and related services. A request to transfer a student in need of special education or special education and related services may be granted only if , through the placement committee process, the resident district and the charter school determine that the charter school can provide an appropriate instructional program and facilities to meet the student's needs. The resident district shall reimburse the charter school actual costs incurred in providing an appropriate special education for a student in need of special education and related services. Notwithstanding the provisions of section 15 of this Act, the placement committee, including representatives of the resident and charter school, shall determine whether a student in need of special education requires transportation as a related service. If so, the resident district shall provide or ensure the provision of transportation.

     If a parent or guardian of a student in need of special education or special education and related services wishes to transfer the student back to the resident district, the request shall be considered by the placement committee. The committee shall include representatives of the resident district and charter school. "

     On page 6 , delete lines 1 to 13 , inclusive .

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     On page 6 , line 16 , delete " Department of Education and " and insert " local school board " .

     On page 6 , line 17 , delete " Cultural Affairs " .

     On page 7 , delete lines 2 to 24 , inclusive , and insert:

"      Section 15. The parent or guardian of a student who attends a charter school is responsible for transporting the student to the charter school without reimbursement. Either the resident school district, the nonresident district, or the charter school may provide transportation to students attending the charter school. The nonresident district or the charter school, as applicable, may charge a reasonable fee if the student elects to use the transportation services offered by the nonresident district or the charter school. "

     On page 8 , delete line 1 .

     On page 8 , line 14 , delete " the last day of classes in the school year " and insert " April 1 " .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1133 and returns the same with the recommendation that said bill be amended as follows:

c-1133

     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 13-43-6.3 be amended to read as follows:

     13-43-6.3.   Until a teacher is in or beyond the fourth consecutive term of employment as a teacher with the school district, a school board may or may not renew the teacher's contract. The superintendent or school board shall give written notice of nonrenewal by April fifteenth but is not required to give further process or a reason for nonrenewal.

     After a teacher is in or beyond the fourth consecutive term of employment as a teacher with the school district, §   §   13-43-6.1 and 13-43-6.2 apply to any nonrenewal of the teacher's contract. Written notice of nonrenewal of a teacher's contract shall be given by April fifteenth.

     Acceptance by the teacher of an offer from the district to enter into a new contract with the teacher shall be in the manner specified in the offer. Failure of the teacher to accept the offer in the manner specified shall result in the termination of the existing contract between the teacher and the district at the end of its term. "

c-1133t

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     On page 1 , line 1 of the printed bill , delete everything after " Act to " and insert " clarify provisions relating to teacher contracts. " .

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1134 and returns the same with the recommendation that said bill be amended as follows:

c-1134

     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 13-37-35 be amended to read as follows:

     13-37-35.   Terms used in § §   13-37-35 to 13-37-47, inclusive, mean:

             (1)      "Average daily membership," the average number of kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year minus the average number of pupils for whom the district receives tuition and plus the average number of pupils for whom the district pays tuition;

             (2)      "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less;

             (3)      "Local effort," is the amount of taxes payable each year, using the maximum levy for the special education fund of a school district of one dollar and forty cents per thousand dollars of taxable valuation. The levy shall be based on valuations including valuations pursuant to § §  13-13-10.2 and 13-13-20.4 such that the median level of assessment represents 85% of market value as determined by the Department of Revenue. For the period January 1, 1997, through June 30, 1997, local effort shall be one-half of the amount of taxes payable in calendar year 1997, using the maximum levy for the special education fund of a school district of one dollar and forty cents per thousand dollars of taxable valuation. The levy shall be based on valuations such that the median level of assessment represents 85% of market value as determined by the Department of Revenue pursuant to §  13-37-16 ;

             (4)      "Allocation for a student with a mild disability," for the period January 1, 1997, through June 30, 1997, is $807. For school fiscal year beginning July 1, 1997, the allocation for a student with a mild disability shall be $1,614 increased by the lesser of the index factor or three percent. For each school year thereafter, the allocation for

a student with a mild disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

             (5)      "Allocation for a student with a severe disability," for the period January 1, 1997, through June 30, 1997, is $9,682. For school fiscal year beginning July 1, 1997, the allocation for a child with a severe disability shall be $19,364 increased by the lesser of the index factor or three percent. For each school year thereafter, the allocation for a child with a severe disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

             (6)      "Local need," an amount to be determined as follows:

             (a)      For a school district with an average daily membership of less than 13,000:

             (i)      Multiply the average daily membership times 0.1025;

             (ii)      Multiply the result of (i) times the allocation for a student with a mild disability;

             (iii)      Multiply the average daily membership times 0.015;

             (iv)      Multiply the result of (iii) times the allocation for a student with a severe disability;

             (v)      Add together the result of (ii) and the result of (iv);

             (b)      For a school district with an average daily membership greater than 13,000:

             (i)      Multiply the average daily membership times 0.1025;

             (ii)      Multiply the result of (i) times the allocation for a student with a mild disability;

             (iii)      Subtract 13,000 from the average daily membership, the difference of which is multiplied times 0.0000034, the result of which is added to 0.015;

             (iv)      Multiply the average daily membership times the lesser of the result of (iii) or 0.03;

             (v)      Multiply the result of (iv) times the allocation for a student with a severe disability;

             (vi)      Add together the result of (ii) and the result of (v);

             (7)      "Student with mild disability," is a student whose performance level is not sufficient to demonstrate success in the regular education environment without the provision of special education, who meets eligibility criteria under Part B, IDEA, and who has been identified as a student in need of special education or special education and related services according to criteria set forth in rules promulgated pursuant to §  13-37-46;

             (8)      "Student with severe disability," is a student with a low-incidence disability who:

             (a)      Meets eligibility criteria under Part B, IDEA;

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             (b)      Has been identified as a student in need of special education or special education and related services according to criteria set forth in rules promulgated pursuant to §  13-37-46; and

             (c)      Presents needs which require intervention skills which are substantially different from those provided to nondisabled students, in that the skills are disability-specific and require special training, equipment, and facilities to perform;

             (9)      "Effort factor," the school district's special education tax levy in dollars per thousand divided by $1.40 the maximum levy established pursuant to §  13-37-16 .

     Section 2. That subdivision (3) of section 1 of chapter 108 of the 1996 Session Laws be amended to read as follows:

             (3)      "Local effort," is the amount of taxes payable each year, using the maximum levy for the special education fund of a school district of one dollar and forty cents per thousand dollars of taxable valuation. The levy shall be based on valuations such that the median level of assessment represents 85% of market value as determined by the Department of Revenue. For the period January 1, 1997, through June 30, 1997, local effort shall be one-half of the amount of taxes payable in calendar year 1997, using the maximum levy for the special education fund of a school district of one dollar and forty cents per thousand dollars of taxable valuation. The levy shall be based on valuations such that the median level of assessment represents 85% of market value as determined by the Department of Revenue pursuant to §  13-37-16 ;

     Section  2.  That chapter 13-37 be amended by adding thereto a NEW SECTION to read as follows:

     If local effort increases on a statewide aggregate basis by a greater percentage than local need on a statewide aggregate basis from any one year to the next, for the following year, the levy specified in §  13-37-16 shall be reduced proportionally so that the percentage increase in local effort on a statewide aggregate basis equals the percentage increase in need on a statewide aggregate basis. "

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1310 and returns the same with the recommendation that said bill be amended as follows:

r-1310

     On page 2 , line 5 of the printed bill , delete everything after " shall " and insert " inform parents and students of their rights pursuant to 20 U.S.C. § § 1232g and 1232h, as amended to January 1, 1998. "

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     On page 2 , delete lines 6 and 7 .

     On page 2 , delete lines 17 to 19 , inclusive .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1280 and returns the same without recommendation.

Also MR. SPEAKER:

     The Committee on Education respectfully reports that it has had under consideration HB 1132, 1144, 1203, 1207, 1236, and 1259 which were deferred to the 36th legislative day.

Respectfully submitted,
Richard “Dick” Brown, Chair

Also MR. SPEAKER:

     The Committee on Commerce respectfully reports that it has had under consideration HB 1175 and returns the same with the recommendation that said bill do not pass.

Respectfully submitted,
Robert Roe, Chair

     The Speaker publicly read the title to

     HB 1007: FOR AN ACT ENTITLED, An Act  to revise the requirements concerning a candidate's support of congressional term limits and to provide the board of elections with rule- making authority for implementing the voter's instructions on term limits and to declare an emergency.

     SB 181: FOR AN ACT ENTITLED, An Act  to revise the state auditor's authority to allow the restoration of a fund from which a loan is made.

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     And signed the same in the presence of the House.

     Rep. Pederson (Gordon) moved that the House do now adjourn, which motion prevailed, and at 6:07 p.m. the House adjourned.