House Journal 02/19/1998 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-THIRD SESSION

TWENTY-EIGHTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 19, 1998

     The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Paul Kondy, followed by the Pledge of Allegiance led by House page Jessica Karinen.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

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

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

     And we hereby move the adoption of the report.

Respectfully submitted,

REX HAGG, Chair

Which motion prevailed and the report was adopted.

COMMUNICATIONS AND PETITIONS

Mr. Speaker and Members of the House:

I have the honor to inform you that I have approved HB 1080, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

February 17, 1998

The Honorable Rex Hagg
Speaker of the House of Representatives
State Capitol
Pierre, South Dakota 57501-5070

Dear Mr. Speaker and Members of the House:

I herewith return House Bill 1135 and VETO the same.

House Bill 1135 is an Act that authorizes production incentive payments for ethanol derived from biomass.

This industry has helped build South Dakota by promoting the use of South Dakota's agricultural products and adding value to those products. I understand the idea behind House Bill 1135. However, I have serious questions regarding the impact of House Bill 1135 that prevent me from signing this bill. Currently we struggle to find money to fund ethanol producer payments for corn grown by our farmers in South Dakota. We need to be sure we are supporting our homegrown products raised by our agriculture community before we fund a new source of ethanol.

The lack of a definition of what is "biomass" is a concern. Without a definition, "biomass" could mean everything or nothing. I have had it explained to me that it refers to wood chips, grasses, etc. But in the absence of a definition biomass could be anything from garbage to cornstalks.

We also have to consider whether the people involved need an ethanol producer payment. For example, to grow corn the land must be plowed and prepared then the crop planted, fertilized, insecticized, pesticized, cultivated, combined, trucked to a storage facility then sold. Each of these steps involve costs the farmer must bear. The use of waste products from another industry, such as wood chips, should have better economies of scale than farm products. Until such time as a plant is to be built there is no way we can determine the costs of making ethanol from biomass to the producer. We will need to talk to the people involved in building such a plant

to find out the kind of technology they are going to use, what kind of efficiencies they would have just to determine whether ethanol producer payments would be necessary and, if so, how much would be necessary.

Further, according to the testimony in committee, the technology is not yet available. Before we put into statute an additional type of ethanol producer payment, we should know (1) will it need the subsidy (2) what type of costs are we looking at (3) how much support will the federal government give to the project. All those questions should be answered before we, as a state, make a decision to add another type of ethanol that would qualify for the producer payment.

I respectfully request that you concur with my action.

Respectfully submitted,
William J. Janklow
Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration SB 136 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Kay Jorgensen, Chair

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 193 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 Taxation respectfully reports that it has had under consideration SB 97 and returns the same without recommendation.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 91 which was reconsidered and tabled.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration SB 90 which was deferred to the 36th legislative day.

Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 120 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration SB 94 and returns the same with the recommendation that said bill be amended as follows:

c-94a

On page 1 , delete lines 7 to 15 of the Senate Education committee engrossed bill , inclusive .

Delete page 2 .

And that as so amended said bill do pass.

Respectfully submitted,
Richard "Dick" Brown, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SB 23 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration SCR 2 and returns the same with the recommendation that said resolution be concurred in.

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

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 211 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 172 and returns the same with the recommendation that said bill be amended as follows:

t-172a

On page 3 , line 11 of the Senate Agriculture and Natural Resources committee engrossed bill , delete " all " and insert " each group of ten or more head of " .

On page 3 , line 15 , after " of " insert " ten head or more of " .

T-172b

On page 4 , line 4 of the Senate Agriculture and Natural Resources committee engrossed bill , delete " sixty " and insert " one hundred eighty " .

T-172d

On page 4 , after line 12 of the Senate Agriculture & Natural Resources committee engrossed bill , insert:

" Section 15. The assessment levied pursuant to this Act on each head of sheep sold does not apply to sheep owned by a person who certifies that the person's only share in the proceeds of the sale of the sheep is a sales commission, handling fee, or other service fee.

Section 16. The assessment levied pursuant to this Act on each head of sheep sold does not apply to sheep owned by a person who:

(1) Certifies that the person acquired ownership of sheep to facilitate the transfer of ownership of the sheep from the seller to a third party;

(2) Establishes that the sheep were resold not later than ten days from the date on which the person acquired ownership; and

(3) Certifies that the assessment levied upon the person from whom the person purchased the sheep, if an assessment was due, has been collected and remitted, or will be remitted in a timely fashion.

Section 17. Any person seeking an exemption from the assessment under section 15 or 16 of this Act shall provide the collecting person with a statement of certification of exemption on

a form approved by the council. A copy of the statement of certification of exemption shall be forwarded, upon request, by the collecting person to the council. The council shall promulgate rules pursuant to chapter 1-26 to specify procedures and forms associated with such exemptions from the assessment. "

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 219 and SCR 1 which were deferred to the 36th legislative day.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 105, 106, 107, 139, 144, 145, 206, 227, and 236 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 178 and returns the same with the recommendation that said bill be amended as follows:

r-178

On page 2 , line 3 of the printed bill , after " himself " insert " or herself " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 218 and returns the same with the recommendation that said bill be amended as follows:

r-218d

On page 55 , delete line 11 of the Senate Judiciary committee engrossed bill , and insert:

" Section 1204. 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. "

On page 56 , line 7 , delete " reservation " and insert " registration " .

R-218t

On page 1 , line 1 of the Senate Judiciary committee engrossed bill , after " Company Act " insert " and to declare an emergency " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 215 and 85 which were deferred to the 36th legislative day.

Respectfully submitted,
Roger Hunt, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1028, 1099, 1107, 1214, 1251, 1273, and 1330 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HCR 1002 and 1013 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to return herewith HB 1010, 1029, 1067, 1206, 1252, 1270, and 1281 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1271 was tabled.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 64.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 112 and has appointed Sens. Aker, Ham, and Reedy as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two Houses.

Respectfully,
PATRICIA ADAM, Secretary

The Speaker appointed Reps. Duniphan, Apa, and Schaunaman as such committee.

Rep. Cutler now presiding.

MOTIONS AND RESOLUTIONS

Rep. Napoli moved that the House do concur in the Senate amendments to HJR 1002.

Rep. Lucas moved as a substitute motion that the House do not concur in Senate amendments to HJR 1002 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two Houses.

The question being on Rep. Lucas' substitute motion that the House do not concur in Senate amendments to HJR 1002 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two Houses.

A roll call vote was requested and supported.

And the roll being called:

Yeas 36, Nays 31, Excused 2, Absent and Not Voting 1

Yeas were:
Barker; Brown (Richard); Cerny; Chicoine; Collier; Davis; de Hueck; Derby; Diedrich; Duxbury; Fiegen; Gabriel; Gleason; Hagen; Haley; Jaspers; Jorgensen; Kazmerzak; Koetzle; Koskan; Lockner; Lucas; Munson (Donald); Peterson (Bill); Richter; Roe; Rost; Schaunaman; Schrempp; Sokolow; Solum; Van Gerpen; Volesky; Waltman; Wick; Windhorst

Nays were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Crisp; Cutler; Duenwald; Duniphan; Eccarius; Fitzgerald; Hassard; Hunt; Johnson (Doug); Konold; Kooistra; Kredit; Madden; Matthews; McNenny; Monroe; Moore; Napoli; Pederson (Gordon); Pummel; Smidt; Sperry; Weber; Wetz; Speaker Hagg

Excused were:
Lee; Putnam

Absent and Not Voting were:
Fischer-Clemens

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and the House did not concur in Senate amendments to HJR 1002.

     Rep. Hunt moved that the House do concur in the Senate amendments to HB 1027.

     The question being on Rep. Hunt's motion that the House do concur in the Senate amendments to HB 1027.

     And the roll being called:

     Yeas 64, Nays 4, Excused 1, Absent and Not Voting 1

     Yeas were:
Apa; 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; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

Nays were:
Konold; Monroe; Sokolow; Windhorst

Excused were:
Putnam

Absent and Not Voting were:
Fischer-Clemens

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

     Rep. Belatti moved that the House do concur in the Senate amendments to HB 1195.

     The question being on Rep. Belatti's motion that the House do concur in the Senate amendments to HB 1195.

     And the roll being called:

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

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; 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; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Richter; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Madden; Putnam

Absent and Not Voting were:
Brown (Gary)

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

Rep. Broderick moved that the Committee on Judiciary be instructed to deliver SB 85 to the floor of the House, pursuant to Joint Rule 7-7.

Rep. Crisp moved the previous question.

Which motion prevailed.

The question being on Rep. Brokerick's motion pursant to Joint Rule 7-7 that the Committee on Judiciary be instructed to deliver SB 85 to the floor of the House.

Which motion was supported and the committee was so instructed.

Rep. Gabriel moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 20th, the 29th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Health and Human Services on SB 86 as found on pages 740 and 741 of the House Journal; also

     Judiciary on SB 138 as found on page 741 of the House Journal; also

     Judiciary on SB 141 as found on pages 741 and 742 of the House Journal; also

     Judiciary on SB 207 as found on page 742 of the House Journal be adopted.


     Which motion prevailed and the reports were adopted.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Gabriel moved that SB 68 be placed to precede SB 36 on today's calendar.

Which motion prevailed and the bill was so placed.

Rep. Gabriel moved that SB 170 and 171 be placed to follow SB 52 on today's calendar.

Which motion prevailed and the bills were so placed.

SB 68: FOR AN ACT ENTITLED, An Act to revise the requirements relating to the use of child restraint systems in passenger vehicles.

Was read the second time.

j-68

Rep. Monroe moved that SB 68 be amended as follows:

On page 2 , after line 9 of the Senate Transportation committee engrossed bill , insert:

" Section 3. Every school bus shall be equipped with a seat belt for each passenger. Any operator of a school bus transporting a child under eighteen years of age on the streets and highways of this state shall properly secure the child in a seat belt. A violation of this section is a petty offense. "

     The question being on Rep. Monroe's motion to amend SB 68.

     The Speaker, being in doubt on the voice vote, requested a roll call vote.

    And the roll being called:

     Yeas 36, Nays 32, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Brown (Jarvis); Collier; Crisp; Davis; de Hueck; Duenwald; Eccarius; Fitzgerald; Gabriel; Gleason; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Koskan; Lee; Lockner; Madden; McNenny; Monroe; Moore; Napoli; Pederson (Gordon); Schaunaman; Schrempp; Sokolow; Volesky; Waltman; Weber; Wetz; Wick; Windhorst

Nays were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Richard); Chicoine; Cutler; Derby; Diedrich; Duniphan; Duxbury; Fiegen; Fischer-Clemens; Hassard; Kazmerzak; Konold; Kooistra; Kredit; Lucas; Matthews; Munson (Donald); Peterson (Bill); Pummel; Richter; Roe; Rost; Smidt; Solum; Sperry; Van Gerpen; Speaker Hagg

Excused were:
Cerny; Putnam

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 68 was so amended.

f-68a

Rep. Madden moved that SB 68 be further amended as follows:

On page 2 , line 1 of the Senate Transportation committee engrossed bill , after " . " insert " If the operator is at least fourteen and under eighteen years of age, no more than one citation may be issued per violation of subdivision (2) of this section. "

The question being on Rep. Madden's motion to further amend SB 68.

A roll call vote was requested and supported.

And the roll being called:

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

Yeas were:
Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Duenwald; Duniphan; Eccarius; Gabriel; Gleason; Hagen; Haley; Hassard; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Koskan; Lee; Lockner; Madden; Monroe; Moore; Napoli; Pederson (Gordon); Peterson (Bill); Rost; Schaunaman; Schrempp; Sokolow; Sperry; Volesky; Waltman; Weber; Wetz; Windhorst

Nays were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Derby; Diedrich; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Hunt; Konold; Kooistra; Kredit; Lucas; Matthews; Munson (Donald); Pummel; Richter; Roe; Smidt; Solum; Van Gerpen; Wick; Speaker Hagg

Excused were:
Putnam

Absent and Not Voting were:
McNenny

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 68 was further amended.

Rep. Apa requested a fiscal note on SB 68.

Which request was supported.

SB 36: FOR AN ACT ENTITLED, An Act to revise the crime of indecent exposure.

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

The question being "Shall SB 36 pass as amended?"

And the roll being called:

Yeas 64, Nays 4, Excused 1, Absent and Not Voting 1

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

Nays were:
Apa; Collier; Hagen; Sokolow

Excused were:
Putnam

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.

Rep. McNenny moved that SB 70 and 103 be deferred until Monday, February 23rd, the 30th legislative day.

Which motion prevailed and the bills were so deferred.

Speaker Hagg now presiding.

SB 41: FOR AN ACT ENTITLED, An Act to allow certain adjudicated children to be placed in a juvenile correctional facility, foster home, group home, group care center, or residential treatment center pursuant to chapter 26-11A.

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

f-41

Rep. Gabriel moved that SB 41 be amended as follows:

On page 1 , after line 11 of the printed bill , insert:

" Section 2. That § 26-8B-6 be amended to read as follows:

26-8B-6. If a child has been adjudicated as a child in need of supervision, the court shall enter a decree of disposition according to the least restrictive alternative available in keeping with the best interests of the child. The decree shall contain one or more of the following alternatives:

(1) The court may place the child on probation or under protective supervision in the custody of one or both parents, guardian, custodian, relative, or another suitable person under conditions imposed by the court;

(2) The court may require as a condition of probation that the child report for assignment to a supervised work program, provided the child is not placed in a detention facility and is not deprived of the schooling that is appropriate to the child's age, needs, and specific rehabilitative goals. The supervised work program shall be of a constructive nature designed to promote rehabilitation, shall be appropriate to the age level and physical ability of the child and shall be combined with counseling by a court services officer or other guidance personnel. The supervised work program assignment shall be made for a period of time consistent with the child's best interests, but may not exceed ninety days;

(3) If the court finds that the child has violated a valid court order, the court may place the child in a detention facility, for purposes of disposition if:

(a) The child is not deprived of the schooling that is appropriate for the child's age, needs, and specific rehabilitative goals;

(b) The child had a due process hearing before the order was issued;

(c) Before the issuance of such order, a local interagency team, authorized pursuant to § 27A-15-56 shall review the behavior of the child and the circumstances under which such child was brought before the court and made subject to such order; determine the reasons for the behavior that caused such child to be brought before the court and made subject to such order; determine that all dispositions, including treatment, other than placement in a detention facility or the Department of Corrections, have been exhausted or are clearly inappropriate; and submit to the court a written report stating the results of the review and determinations made;

(4) The court may require the child to pay for any damage done to property or for medical expenses under conditions set by the court if payment can be enforced without serious hardship or injustice to the child;

(5) The court may commit the child to the Department of Corrections for placement in a juvenile correctional facility, foster home, group home, group care center, or residential treatment center pursuant to chapter 26-11A ;

(6) The court may place a child in an alternative educational program;

(7) The court may order the child to be examined and treated at the Human Services Center;

(8) The court may impose a fine not to exceed five hundred dollars;

(9) The court may order the suspension or revocation of the child's driving privilege or restrict the privilege in such manner as it sees fit or as required by § 32-12-52.4.

No adjudicated child in need of supervision may be incarcerated in a detention facility except as provided in subdivision (3) of this section. "

Which motion prevailed and SB 41 was so amended.

     The question being "Shall SB 41 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 7, Excused 2, Absent and Not Voting 0

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

Nays were:
Barker; Collier; Davis; Hagen; Lockner; Lucas; Sperry

Excused were:
Putnam; Schaunaman

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

The question being on the title.

Rep. Gabriel moved that the title to SB 41 be amended as follows:

On page 1 , line 1 of the printed bill , delete " the " and insert " a juvenile correctional facility, foster home, group home, group care center, or residential treatment center pursuant to chapter 26-11A. "

On page 1 , delete line 2 .

Which motion prevailed and the title was so amended.

SB 109: FOR AN ACT ENTITLED, An Act to revise provisions concerning stop loss or excess insurance.

Was read the second time.

j-109

Rep. Hunt moved that SB 109 be amended as follows:

On page 2 , after line 6 of the printed bill , insert:

" Section 2. That § 58-18-52 be amended to read as follows:

58-18-52. Notwithstanding the provisions of chapter 47-34, § § 47-15-2, 47-22-4, and 47-14-2, any organization may form for the purposes of purchasing group health insurance on a voluntary basis. For purposes of § § 58-18-52 to 58-18-62, inclusive, an organization means any nonprofit organization or nonprofit corporation formed under South Dakota law. Stop loss or excess insurance may be purchased in the same manner as group health insurance is purchased pursuant to § § 58-18-52 to 58-18-62, inclusive. "

Which motion prevailed and SB 109 was so amended.

     The question being "Shall SB 109 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 1, Excused 1, Absent and Not Voting 4

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

Nays were:
de Hueck

Excused were:
Putnam

Absent and Not Voting were:
Cutler; Gabriel; Haley; Konold

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

The question being on the title.

Rep. Hunt moved that the title to SB 109 be amended as follows:

On page 1 , line 1 of the printed bill , delete " the rule-making authority of the director of " and insert " provisions concerning stop loss or excess insurance. "

On page 1 , delete line 2 .

Which motion prevailed and the title was so amended.

Rep. Koskan moved that SB 160 be deferred until Friday, February 20th, the 29th legislative day.

Which motion prevailed and the bill was so deferred.

SB 168: FOR AN ACT ENTITLED, An Act to allow organizations subject to the provisions of the insurance laws of this state to incorporate as a nonprofit organization.

Was read the second time.

Rep. Fiegen moved that SB 168 be placed to follow SB 53 on today's calendar.

Which motion prevailed and the bill was so placed.

SB 223: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding insurance coverage for and after delivery of a baby.

Was read the second time.

The question being "Shall SB 223 pass as amended?"

And the roll being called:

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

Yeas were:
Apa; 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; 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; Roe; Rost; Schaunaman; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Excused were:
Gleason; Putnam; Richter

Absent and Not Voting were:
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.

SB 53: FOR AN ACT ENTITLED, An Act to require the reporting of criminal convictions, to provide certain licensing penalties, and to allow certain cooperation in a multi-state waiver process regarding persons engaged in the insurance business.

Was read the second time.

Rep. Brown (Gary) moved that SB 53 be placed to follow SB 52 on today's calendar.

Which motion prevailed and the bill was so placed.

SB 168: FOR AN ACT ENTITLED, An Act to allow organizations subject to the provisions of the insurance laws of this state to incorporate as a nonprofit organization.

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

The question being "Shall SB 168 pass?"

And the roll being called:

Yeas 49, Nays 18, Excused 2, Absent and Not Voting 1

Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Crisp; Davis; Derby; Duenwald; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Hagen; Haley; Jorgensen; Kazmerzak; Kooistra; Kredit; Lee; Lockner; Lucas; Matthews; McNenny; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wick; Speaker Hagg

Nays were:
Apa; Collier; de Hueck; Diedrich; Duniphan; Eccarius; Hassard; Hunt; Jaspers; Johnson (Doug); Koetzle; Konold; Koskan; Madden; Monroe; Napoli; Wetz; Windhorst

Excused were:
Gleason; Richter

Absent and Not Voting were:
Cutler

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 56: FOR AN ACT ENTITLED, An Act to revise the requirements for individual and group health insurance availability and portability.

Was read the second time.

f-56

Rep. Hunt moved that SB 56 be amended as follows:

On page 19 , after line 10 of the Senate Commerce committee engrossed bill , insert:

" Section 23. Terms used in sections 23 to 38, inclusive, of this Act mean:

(1) "Health care services," preventive care, emergency care, inpatient and outpatient hospital and physician care, chiropractic care, diagnostic laboratory services, and diagnostic and therapeutic radiological services;

(2) "Coinsurance," a percentage amount a member is responsible to pay out-of-pocket for health care services after satisfaction of any applicable deductibles or copayments, or both;

(3) "Copayment," an amount a member must pay to a provider in payment for a specific health care service which is not fully prepaid;

(4) "Deductible," the amount of expense a member must first incur before the managed care organization begins payment for covered services;

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

(6) "Emergency facility," any hospital or other facility where emergency services are provided to a member including a physician's office;

(7) "Emergency services," those health care services that are provided in a hospital or other emergency facility after the sudden onset of a medical condition that manifests itself by symptoms of sufficient severity, including severe pain, that the absence of immediate medical attention could reasonably be expected by a prudent person who possesses an average knowledge of health and medicine, to result in:

(a) Placing the patient's health in serious jeopardy;

(b) Serious impairment to bodily functions; or

(8) "Enrollee," a person who either individually or through a group has entered into a contract for services under a managed care plan;

(9) "Health care contract," a contract entered into by a managed care organization and an enrollee;

(10) "Health care services," those services offered or provided by health care facilities and health care providers relating to the prevention, cure, or treatment of illness, injury, or disease;

(11) "Managed care organization," a public or private person or organization which offers a managed care plan;

(12) "Managed care plan," a contract of coverage given to an individual, family, or group of covered individuals pursuant to which a member is entitled to receive a defined set of health care benefits through an organized system of health care providers in exchange for defined consideration and which requires the member to use, or creates financial incentives for the member to use, health care providers owned, managed, employed by, or under contract with the managed care organization;

(13) "Member," a policyholder, enrollee, or other individual participating in a managed care plan;

(14) "Person," any natural or artificial person including individuals, partnerships, associations, corporations, or other legally recognized entities;

(15) "Provider," any physician, hospital, or other person licensed or otherwise authorized to furnish health care services;

(16) "Utilization management program," a system of reviewing the medical necessity, appropriateness, or quality of health care services and supplies provided under a managed care plan using specified guidelines. Such a system may include preadmission certification, the application of practice guidelines, continued stay review, discharge planning, preauthorization of ambulatory procedures, and retrospective review.

Section 24. Health care contracts shall describe the health care services offered by the managed care organization and shall contain:

(1) A complete description of the health care services and other benefits to which the member is entitled;

(2) A description of the accessibility and availability of services, including a list of the providers participating in the managed care plan and of the providers who are accepting new patients, the addresses of primary care physicians and participating hospitals, and the specialty of each physician and category of the other participating providers. The information required by this subdivision may be contained in a separate document and incorporated in the contract by reference and shall be amended from time to time as necessary to provide members with the most current information;

(3) Any predetermined and prepaid rate of payment for health care services and for other benefits, if any, and any services or benefits for which the member is obliged to pay, including member responsibility for deductibles, copayments, and coinsurance;

(4) All exclusions and limitations on services or other benefits including all restrictions relating to preexisting conditions;

(5) A statement as to whether the plan includes a limited formulary of medications;

(6) All criteria by which a member may be terminated or denied reenrollment;

(7) Service priorities in case of epidemic, or other emergency conditions affecting demand for health care services;

(8) A statement that members may not, under any circumstances, be liable, assessable, or in any way subject to payment for the debts, liabilities, insolvency, impairment, or any other financial obligations of the managed care organization;

(9) Grievance procedures;

(10) Procedures for notifying enrollees of any change in benefits; and

(11) A description of all prior authorization review procedures for health care services.

Section 25. In addition to the requirements of section 24 of this Act, an organization offering a managed care plan shall:

(1) Establish procedures for members to select or change health care providers;

(2) Establish procedures to notify members of the termination of their health care provider and the manner in which the managed care organization will assist members in transferring to another participating health care provider;

(3) Establish referral procedures for specialty care and procedures for after-hours, out-of-network, out-of-area, and emergency care;

(4) Establish procedures to allow members direct access to specialists for care or annual visits;

(5) Allow family practice and general practice physicians, general internists, pediatricians, obstetricians-gynecologists, and chiropractors to be included in the general managed care plan's listing of health care providers.

Section 26. No managed care organization may cancel the enrollment of a member or refuse to transfer a member from a group to an individual basis for reasons relating to age, sex, race, religion, occupation, or health status. However, this section does not prevent termination of a member who has violated any published policies of the organization, which have been approved by the director.

Section 27. No managed care organization may contract with any provider under provisions which require a member to guarantee payment, other than specified copayments, deductibles, and coinsurance or payment for noncovered services to the provider in the event of nonpayment by the managed care organization for any services rendered under contract directly or indirectly between the member and the managed care organization.

Section 28. No health care provider may require a member to make additional payments for covered services under a health care contract, other than specified deductibles, copayments, or coinsurance once a provider has agreed to provide a covered service or has accepted a referral to provide a covered service.

Section 29. No health service institution or associations of health professionals may exclude other health professionals from working privileges, membership, or association solely on the basis that such other person is employed by or contracts with a managed care organization.

Section 30. Any managed care organization shall be ready and willing at any time to enter into care provider service agreements with all qualified providers of the category or categories which are necessary to provide the health care services covered by an organization if the health care providers are qualified under the laws of this state, desire to become participant providers of the organization, meet the requirements of the organization, and practice within the general area served by the organization.

Nothing in this section precludes an organization from refusing to contract with a provider who is unqualified or who does not meet the terms and conditions of the organization's participating provider contract or from terminating or refusing to renew the contract of a health care provider who is unqualified or who does not comply with, or who refuses to comply with,

the terms and conditions of the participating provider contract including practice standards and quality requirements. The contract shall provide for written notice to the participating health care provider setting forth any breach of contract for which the organization proposes that the contract be terminated or not renewed and shall provide for a reasonable period of time for the participating health care provider to cure such breach prior to termination or nonrenewal. If the breach has not been cured within such period of time, the contract may be terminated or not renewed. However, if the breach of contract for which the organization proposes that the contract be terminated or not renewed is a willful breach, fraud, or a breach which poses an immediate danger to the public health or safety, the contract may be terminated or not renewed immediately.

The provisions of this section apply to provider participation contracts entered into after July 1, 1998.

Section 31. No managed care organization may require as an element of any provider contract that any person agrees:

(1) To deny a member access to services not covered by the managed care plan if the member is informed that the member will be responsible to pay for the noncovered services and the member nonetheless desires to obtain such services; or

(2) To refrain from treating a member even at that member's request and expense if the provider had been, but is no longer, a contracting provider under the managed care plan and the provider has notified the member that the provider is no longer a contracting provider under the managed care plan.

Section 32. No managed care organization may refuse to contract with or compensate for covered services of an otherwise eligible provider or nonparticipating provider solely because the provider has in good faith communicated with any current, former, or prospective patient regarding the provisions, terms, or requirements of the organization's products as they relate to the needs of the provider's patients.

Section 33. On request and within a reasonable time, a managed care organization shall make available to any party to a provider contract any documents referred to or adopted by reference in the contract except for information which is proprietary or a trade secret or confidential personnel records.

Section 34. A managed care organization shall permit a contracting provider who is practicing in conformity with community standards to advocate for the provider's patient without being subject to termination or penalty for the sole reason of such advocacy.

Section 35. No managed care organization may offer a provider, and no contract between a managed care organization and a provider may contain, any incentive plan that includes a specific payment made, in any type or form, to the provider as an inducement to deny, reduce, limit, or delay specific, medically necessary, and appropriate services covered by the health care contract and provided with respect to a specific member or group of members with similar medical conditions.

Nothing in this section prohibits contracts that contain incentive plans that involve general payments such as capitation payments or shared risk agreements that are not tied to specific medical decisions involving specific members or groups of members with similar medical conditions.

Section 36. Any managed care organization performing utilization management or contracting with third parties for the performance of utilization management shall:

(1) Adopt utilization management criteria based on sound patient care and scientific principles developed in cooperation with licensed physicians and other providers as considered appropriate by the managed care organization. Such criteria shall be sufficiently flexible to allow deviations from norms when justified on a case-by-case basis;

(2) Adopt procedures for a timely review by a licensed physician, peer provider, or peer review panel when a claim has been denied as not medically necessary or as experimental. The procedure shall provide for a written statement of the reasons the service was denied and transmittal of that information to the appropriate provider for inclusion in the member's permanent medical record;

(3) Upon enrollment, require members to provide written authorization for the release of medical information to the managed care organization;

(4) Adopt procedures which protect the confidentiality of patient health records. The procedures may permit a managed care organization to record a telephone conversation in the course of requesting patient medical information only if it complies with existing state and federal laws and the other party to the conversation is notified by voice message that the conversation is being recorded. Upon written request and within a reasonable time, a copy of such recordings shall be provided to the other party to the conversation if the recorded conversation becomes an issue in a formal grievance procedure, and the other party agrees to reimburse the managed care organization for reasonable costs associated with providing the requested copy.

Section 37. If emergency services are offered, no managed care organization may require prior authorization for emergency services. In addition, a managed care organization shall respond to member or provider requests for prior authorization of a nonemergency service within two business days after complete member medical information is provided to the managed care organization unless exceptional circumstances warrant a longer period to evaluate a request. Qualified medical personnel shall be available during normal business hours for telephone responses to inquiries about medical necessity, including certification of continued length of stay.

Section 38. When prior approval for a covered service is required of and obtained by or on behalf of a member, the approval is final and may not be rescinded by the managed care organization after the covered service has been provided except in cases of fraud, misrepresentation, nonpayment of premium, exhaustion of benefits, or if the member for whom the prior approval was granted is not enrolled at the time the covered service was provided. "

Which motion lost.

     The question being "Shall SB 56 pass as amended?"

     And the roll being called:

     Yeas 58, Nays 6, Excused 4, Absent and Not Voting 2

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

Nays were:
de Hueck; Hunt; Jaspers; Monroe; Napoli; Waltman

Excused were:
Gleason; Lockner; Moore; Windhorst

Absent and Not Voting were:
Cutler; Koskan

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.

SB 156: FOR AN ACT ENTITLED, An Act to allow an administrator to dispose of certain items without a formal motion of the governing body.

Was read the second time.

The question being "Shall SB 156 pass?"

And the roll being called:

Yeas 60, Nays 4, Excused 4, Absent and Not Voting 2

Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Cutler; Davis; de Hueck; Derby; Diedrich; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Kredit; Lee; Lucas; Madden; Matthews; McNenny; Monroe; Munson (Donald); 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:
Duenwald; Duniphan; Koskan; Napoli

Excused were:
Gleason; Koetzle; Lockner; Moore

Absent and Not Voting were:
Crisp; Pederson (Gordon)

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 14: FOR AN ACT ENTITLED, An Act to restrict when a state employee may be granted leave to participate in certain disaster relief services.

Was read the second time.

     The question being "Shall SB 14 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Barker; 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; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Schaunaman; Schrempp; Sokolow; Solum; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Monroe; Smidt

Excused were:
de Hueck; Gleason; Koetzle

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 12: FOR AN ACT ENTITLED, An Act to establish a uniform procedure for creating certain special districts and electing the first board of trustees.

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

Rep. McNenny moved that SB 14 be deferred until Monday, February 23rd, the 30th legislative day.

Which motion prevailed and the bill was so deferred.

SB 82: FOR AN ACT ENTITLED, An Act to prohibit certain deceptive acts and practices with regard to lodging establishments and campgrounds and to require that certain records be kept.

Was read the second time.

r-82a

Rep. Windhorst moved that SB 82 be amended as follows:

On page 3 , line 19 of the Senate Commerce committee engrossed bill , delete " Fail to promptly " and insert " Knowingly and intentionally fail to " .

Which motion prevailed and SB 82 was so amended.

     The question being "Shall SB 82 pass as amended?"

     And the roll being called:

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

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

Nays were:
Barker; Chicoine; Collier; Davis; Fischer-Clemens; Hagen; Jaspers; Koskan; Lockner; Lucas; Munson (Donald); Napoli; Sokolow; Windhorst

Excused were:
Koetzle

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 163: FOR AN ACT ENTITLED, An Act to delay the adoption and implementation of course guidelines for language arts and mathematics.

Was read the second time.

     The question being "Shall SB 163 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 2, Excused 3, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brooks; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; 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; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Madden; Matthews; McNenny; Monroe; Moore; Munson (Donald); Napoli; Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Sperry; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Windhorst; Speaker Hagg

Nays were:
Collier; Lucas

Excused were:
Koetzle; Richter; Solum

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 173: FOR AN ACT ENTITLED, An Act to revise the average daily membership for consolidated school districts.

Was read the second time.

     The question being "Shall SB 173 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; 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; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; 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:
Hunt

Excused were:
Koetzle

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 183: FOR AN ACT ENTITLED, An Act to permit the issuance of economic development revenue bonds to finance primary, secondary, and postsecondary schools operated by nonprofit entities.

Was read the second time.

     The question being "Shall SB 183 pass?"

     And the roll being called:

     Yeas 63, Nays 4, Excused 1, Absent and Not Voting 2

     Yeas were:
Barker; Belatti; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Hagen; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Kazmerzak; Koetzle; Kooistra; Koskan; Kredit; Lee; Lockner; Lucas; Madden; Matthews; McNenny; Monroe; Munson (Donald); 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:
Apa; Crisp; Konold; Moore

Excused were:
Gleason

Absent and Not Voting were:
Brown (Gary); Napoli

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 80: FOR AN ACT ENTITLED, An Act to permit school districts to enter an agreement with a nonprofit organization to provide for construction, operation, and maintenance of facilities.

Was read the second time.

     The question being "Shall SB 80 pass as amended?"

     And the roll being called:

     Yeas 64, Nays 4, Excused 1, Absent and Not Voting 1

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

Nays were:
Apa; Cutler; Monroe; Moore

Excused were:
Gleason

Absent and Not Voting were:
Richter

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 35: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the discharge of certain weapons at game while in or on a motor vehicle.

Was read the second time.

o-35

Rep. Cutler moved that SB 35 be amended as follows:

On page 2 , after line 2 of the House Agriculture & Natural Resources committee engrossed bill , insert:

" Section 2. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:

If a person has a valid license or permit issued by another state to carry a concealed pistol in that state and if that state grants to residents of this state the right to carry a concealed pistol without requiring a separate license or permit issued by that state, the person may carry a concealed pistol in this state without a permit issued pursuant to this chapter and the other state's license or permit is valid in this state. "

Rep. Lucas rose to a point or order as to whether the amendment was germane.

The Speaker ruled the amendment was out of order.

     The question being "Shall SB 35 pass as amended?"

     And the roll being called:

     Yeas 59, Nays 10, Excused 1, Absent and Not Voting 0

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

Nays were:
Apa; Crisp; de Hueck; Fiegen; Hassard; Jaspers; Koskan; Napoli; Van Gerpen; Windhorst

Excused were:
Gleason

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 161: FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.

Was read the second time.

     The question being "Shall SB 161 pass?"

     And the roll being called:

     Yeas 54, Nays 13, Excused 2, Absent and Not Voting 1

     Yeas were:
Apa; Barker; Belatti; Broderick; Brown (Gary); Brown (Jarvis); Brown (Richard); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Duxbury; Eccarius; Fischer-Clemens; Fitzgerald; Hagen; Haley; Hunt; Jaspers; Johnson (Doug); Kazmerzak; Koetzle; Koskan; Kredit; Lee; Lockner; Lucas; Matthews; McNenny; Monroe; Moore; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Roe; Rost; Schaunaman; Schrempp; Smidt; Sokolow; Solum; Sperry; Volesky; Waltman; Weber; Wetz

Nays were:
Brooks; Fiegen; Gabriel; Jorgensen; Konold; Kooistra; Madden; Napoli; Putnam; Richter; Van Gerpen; Windhorst; Speaker Hagg

Excused were:
Gleason; Wick

Absent and Not Voting were:
Hassard

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.

SB 228: FOR AN ACT ENTITLED, An Act to provide certain requirements for new continuing care retirement communities.

Was read the second time.

Rep. Fischer-Clemens moved that SB 228 be deferred until Friday, February 20th, the 29th legislative day.

Which motion prevailed and the bill was so deferred.

SB 134: FOR AN ACT ENTITLED, An Act to permit the Division of Criminal Investigation to process national criminal history checks on applicants for employment with and licensing by the Sisseton-Wahpeton Sioux Tribe.

Was read the second time.

     The question being "Shall SB 134 pass as amended?"

     And the roll being called:

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

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

Nays were:
Collier; de Hueck; Wetz

Excused were:
Gleason; 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.

Speaker Hagg now presiding.

SB 151: FOR AN ACT ENTITLED, An Act to allow lottery prizes for lotteries selling chances to raise money to be of greater value under certain circumstances and to authorize certain larger lottery prizes.

Was read the second time.

Rep. Brooks moved the previous question.

Which motion prevailed.

The question being "Shall SB 151 pass as amended?"

     And the roll being called:

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

     Yeas were:
Broderick; Brown (Richard); Duniphan; Eccarius; Gabriel; Gleason; Haley; Johnson (Doug); Jorgensen; Koetzle; Lucas; Madden; Munson (Donald); Peterson (Bill); Richter; Roe; Solum; Sperry; Windhorst

Nays were:
Barker; Belatti; Brooks; Brown (Gary); Brown (Jarvis); Cerny; Chicoine; Collier; Crisp; Cutler; Davis; de Hueck; Derby; Diedrich; Duenwald; Duxbury; Fiegen; Fischer-Clemens; Fitzgerald; Hagen; Hassard; Hunt; Jaspers; Kazmerzak; Konold; Kooistra; Koskan; Kredit; Lee; Lockner; Matthews; McNenny; Monroe; Moore; Napoli; Pederson (Gordon); Pummel; Putnam; Rost; Schrempp; Smidt; Sokolow; Van Gerpen; Volesky; Waltman; Weber; Wetz; Wick; Speaker Hagg

Excused were:
Apa; Schaunaman

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

     Rep. Peterson (Bill) announced his intention to reconsider the vote by which SB 151 was lost.

     Rep. Peterson (Bill) moved to reconsider the vote by which SB 151 was lost.

     The question being on Rep. Peterson's motion to reconsider the vote by which SB 151 was lost.

    And the roll being called:

     Yeas 46, Nays 21, Excused 1, Absent and Not Voting 2

     Yeas were:
Apa; Belatti; Broderick; Brooks; Brown (Gary); Brown (Richard); Chicoine; de Hueck; Derby; Diedrich; Duenwald; Duniphan; Eccarius; Fiegen; Fischer-Clemens; Fitzgerald; Gabriel; Haley; Hassard; Hunt; Jaspers; Johnson (Doug); Jorgensen; Koetzle; Kooistra; Koskan; Lucas; Madden; Matthews; McNenny; Monroe; Munson (Donald); Pederson (Gordon); Peterson (Bill); Pummel; Putnam; Richter; Roe; Rost; Smidt; Solum; Sperry; Van Gerpen; Wetz; Windhorst; Speaker Hagg

Nays were:
Brown (Jarvis); Cerny; Collier; Crisp; Cutler; Davis; Gleason; Hagen; Kazmerzak; Konold; Kredit; Lee; Lockner; Moore; Napoli; Schrempp; Sokolow; Volesky; Waltman; Weber; Wick

Excused were:
Schaunaman

Absent and Not Voting were:
Barker; Duxbury

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 151 was up for reconsideration and final passage.

Rep. Peterson (Bill) moved that SB 151 be deferred until Friday, February 20th, the 29th legislative day.

Which motion prevailed and the bill was so deferred.

Rep. Gabriel moved that SB 39, 40, 52, 53, 170, and 171 be deferred until Friday, February 20th, the 29th legislative day.

Which motion prevailed and the bills were so deferred.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1027, 1028, 1099, 1107, 1195, 1214, 1251, 1273, and 1330 and finds the same correctly enrolled.

Respectfully submitted,
REX HAGG, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1027: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the collection of child support.

     HB 1028: FOR AN ACT ENTITLED, An Act to provide that any person who has lost hunting, fishing, or trapping privileges in another jurisdiction may not exercise that same privilege in South Dakota while under revocation.

     HB 1099: FOR AN ACT ENTITLED, An Act to prohibit a minor from purchasing, possessing, receiving, or consuming tobacco products or from attempting to purchase or receive tobacco products.

     HB 1107: FOR AN ACT ENTITLED, An Act to change the location for the Department of Transportation to file the resolution concerning the acquisition of right-of-way.

     HB 1195: FOR AN ACT ENTITLED, An Act to revise certain organizational and administrative procedures for consumers power districts.

     HB 1214: FOR AN ACT ENTITLED, An Act to require continuation and conversion of health care coverage when an employer ceases operations.

     HB 1251: FOR AN ACT ENTITLED, An Act to provide a process for a manufacturer to place a lien on or dispose of a die, mold, form, or pattern.

     HB 1273: FOR AN ACT ENTITLED, An Act to regulate guided hunting activity on certain public lands.

     HB 1330: FOR AN ACT ENTITLED, An Act to make an appropriation for adult basic education.

     SB 2: FOR AN ACT ENTITLED, An Act to provide a procedure for assessing flooded land for taxation purposes.

     SB 24: FOR AN ACT ENTITLED, An Act to change the name of the South Dakota School for the Visually Handicapped to the South Dakota School for the Blind and the Visually Impaired.

     SB 31: FOR AN ACT ENTITLED, An Act to provide rule-making authority to the Department of Environment and Natural Resources to carry out the requirements of the federal Safe Drinking Water Act amendments of 1996.

     SB 32: FOR AN ACT ENTITLED, An Act to authorize expenditures out of the water and environment fund and to declare an emergency.

     SB 34: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the required use of diver-down flags and mandatory motorboat distance restrictions.

     SB 38: FOR AN ACT ENTITLED, An Act to increase the liquidated costs imposed for law enforcement training.

     SB 64: FOR AN ACT ENTITLED, An Act to revise the definition of real estate broker.

     SB 88: FOR AN ACT ENTITLED, An Act to revise certain statutes relating to controlled firearms by including antique firearms.

     SB 104: FOR AN ACT ENTITLED, An Act to specify certain duties and the authority of persons assigned by law enforcement agencies to investigate traffic accidents.

     SB 115: FOR AN ACT ENTITLED, An Act revise and clarify certain provisions relating to the Health and Education Facilities Authority.

     SB 118: FOR AN ACT ENTITLED, An Act to exempt service contracts from the insurance code.

     SB 131: FOR AN ACT ENTITLED, An Act to clarify eligibility for ethanol production incentive payments.

     SB 132: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the perfecting of liens created by unpaid child support.

     SB 133: FOR AN ACT ENTITLED, An Act to provide for felony enhancement for third offense simple assault.

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

     SB 143: FOR AN ACT ENTITLED, An Act to exempt individuals participating in the vocational rehabilitation program from the twelve-month residency requirement for tuition and fee purposes.

     SB 148: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to employee group insurance.

     SB 149: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the formation of school districts and contractual agreements among school districts.

     SB 150: FOR AN ACT ENTITLED, An Act to adopt and amend certain provisions of the Uniform Commercial Code relating to letters of credit.

     SB 157: FOR AN ACT ENTITLED, An Act to define and tax cider as an alcoholic beverage.

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

     And signed the same in the presence of the House.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 26, 37, 60, 62, 72, 84, and 197.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 111 and has appointed Sens. Everist, Drake, and Hutmacher as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two Houses.

Respectfully,
PATRICIA ADAM, Secretary

The Speaker appointed Reps. Brooks, Jorgensen and Davis as such committee.

The Speaker appointed Reps. Napoli, Weber, and Haley as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on HJR 1002.

Rep. Brown (Jarvis) moved that the House do now adjourn, which motion prevailed, and at 5:49 p.m. the House adjourned.

KAREN GERDES, Chief Clerk