Joint Journal 02/17/1999 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FOURTH SESSION

TWENTY-SIXTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
February 17, 1999

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

     The prayer was offered by the Chaplain, Vicar Patrick Kuhlman, followed by the Pledge of Allegiance led by House page Joel Rische.

     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-fifth 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,

ROGER W. HUNT, Chair

Which motion prevailed and the report was adopted.

HONORED GUESTS

Rep. Haley introduced the Honorable Tim Johnson, United States Senator from South Dakota, who spoke briefly.

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

     The House proceeded to the consideration of the recommendation of the Governor as to change of style and form of HB 1037 as found on page 524 of the House Journal, as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall the recommendation of the Governor as to change of style and form of HB 1037 be approved?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

     So the question having received an affirmative vote of a majority of the members-elect, the Speaker declared the recommendation of the Governor as to change of style and form approved.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1248 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1198 and returns the same with the recommendation that said bill be amended as follows:

o-1198

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

" Section 1. That § 3-9-2 be amended to read as follows:

3-9-2. The State Board of Finance ~~shall have authority to~~ may fix the maximum amount which may be allowed per day or fraction of a day as reimbursement for expenses for meals and lodging necessarily incurred by state officers and employees in the performance of their duties as such while away from their places of residence or headquarters station, and change such maximum allowance from time to time as it may deem just and proper under existing conditions. The State Board of Finance ~~shall have authority in its discretion to~~ may authorize reimbursement on a per diem basis, in lieu of the method described above or any other method provided by law, and fix the amount per day or fraction of a day which may be allowed, and may from time to time ~~in its discretion~~ change such amount as it may deem just and proper under existing conditions. The head of an agency as defined in § 1-32-1 may authorize an employee to be reimbursed for actual costs of lodging and meals if:

(1) The lodging and meals are in furtherance of the state's interests, concerns, and activities;

(2) The activities for which the lodging and meals are required fall within the scope of the agency's responsibilities; and

(3) The employee is performing official duties related to trade servicing or promotional activities.

The authorization shall be made on a form prescribed by the Governor and shall accompany the claim filed pursuant to § 3-9-8. The provisions of this section and the amounts fixed by the State Board of Finance shall prevail notwithstanding the provisions of other statutes, such as provision that a state officer or employee shall be paid or reimbursed for his actual and necessary traveling expenses. "

o-1198t

On page 1 , line 1 of the printed bill , delete everything after " Act to " and insert " revise certain provisions regarding the expenses of state officers and employees which are reimbursable. " .

On page 1 , delete lines 2 and 3 .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1240 and returns the same with the recommendation that said bill be amended as follows:

f-1240

On page 1 , delete lines 7 to 16 of the printed bill , inclusive .

On page 2 , delete lines 1 to 25 , inclusive .

On page 3 , delete lines 1 to 24 , inclusive .

On page 4 , line 11 , after " council. " insert " The council shall annually submit a financial report and informational budget along with an audit to the secretary of agriculture. However, the council is not required to submit an audit, if the Department of Legislative Audit elects to perform the audit. " .

On page 5 , line 25 , after " council. " insert " The council shall annually submit a financial report and informational budget along with an audit to the secretary of agriculture. However, the council is not required to submit an audit, if the Department of Legislative Audit elects to perform the audit. " .

On page 8 , line 6 , after " council. " insert " The council shall annually submit a financial report and informational budget along with an audit to the secretary of agriculture. However, the council is not required to submit an audit, if the Department of Legislative Audit elects to perform the audit. " .

F-1240a

On page 5 , delete line 13 of the printed bill , and insert " council may implement procedures, including: " .

On page 5 , delete line 14 .

On page 7 , line 8 , delete " Department of Agriculture " and insert " council " .

On page 7 , delete line 9 , and insert " implement " .

On page 9 , delete line 10 , and insert " The council may implement " .

T-1240t

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

On page 1 , line 2 , delete " Development Commission, " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1292 and returns the same with the recommendation that said bill be amended as follows:

o-1292a

On page 2 , line 6 of the printed bill , after " those " insert " state " .

On page 2 , line 16 , delete " at the discretion of the Governor " and insert " and shall be expanded to include at least one representative from each of the following groups: Division of Highway Patrol, telecommunications companies, municipal government, police chiefs, county government, sheriffs, fire services, emergency managers, emergency medical technicians, and existing public safety answering points " .

On page 2 , line 17 , after "plan" insert ", conduct public hearings, and seek additional public input as deemed appropriate".

On page 2 , line 20 , delete " propose one or more model " and insert " review current " .

On page 2 , line 21 , delete " for the consolidation " .

On page 2 , line 22 , after " center. " insert " The plan shall identify the costs, funding, services, and timetable for implementation of recommended configurations or other proposed changes. " .

On page 3 , line 7 , delete " establish " and insert " further be based on " .

On page 3 , line 16 , delete everything after " Legislature " and insert " seeks the fewest " .

On page 3 , line 17 , delete " services can be provided by a far fewer " .

On page 3 , line 17 , delete " currently operational and planned " .

On page 3 , line 20 , delete " the number and location of the " and insert " a configuration of " .

On page 3 , line 20 , after " Dakota " insert " based on a set of minimum technical, operational, and procedural standards " .

On page 3 , after line 20 , insert:

" Section 8. The Legislature shall approve the comprehensive telecommunications plan. "

o-1292

On page 2 , line 2 of the printed bill , after " develop " insert " in cooperation with the groups identified in section 3 of this Act " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1132 and 1197 which were tabled.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1001 and HJR 1001 which were deferred to the 41st legislative day.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1291 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1237 and returns the same with the recommendation that said bill be amended as follows:

o-1237

On page 1 , line 7 of the printed bill , delete " increase the sales and use tax and to " .

On page 1 , delete lines 10 to 17 , inclusive .

Delete pages 2 to 4 , inclusive .

On page 5 , delete lines 1 to 10 , inclusive .

O-1237t

On page 1 , line 1 of the printed bill , delete " increase the sales and use tax and to " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1002 and returns the same with the recommendation that said resolution be amended as follows:

o-j1002

On page 1 , line 16 of the printed resolution , after " food, " insert " clothing, " .

o-j1002t

On page 1 , line 3 of the printed resolution , after " food, " insert " clothing, " .

And that as so amended said resolution do not pass.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1038 and returns the same with the recommendation that said bill be amended as follows:

o-1038b

On page 6 of the printed bill , delete line 4 , and insert:

" Section 14. That § 40-36-11 be amended to read as follows:

40-36-11. Each county shall annually appropriate a sum equal to an assessment on all cattle and sheep based on the most current United States Department of Commerce census of agriculture, and the money shall be remitted to the state treasurer for deposit in the state animal damage control fund. Each county shall be assessed at a rate of twenty-five cents per head for all sheep and six cents per head for all cattle. The Department of Game, Fish and Parks shall certify, to each county auditor, the amount to be appropriated. The state animal damage control fund shall be matched ~~dollar for dollar~~ two dollars for every one dollar of county appropriation by funds of the Department of Game, Fish and Parks to carry out the provisions of this chapter.

~~The provisions of § 10-12B-16 do not apply to this section.~~ "

o-1038t

On page 1 , line 2 of the printed bill , before " to " delete " and " and insert " , " .

On page 1 , line 3 , after " sales " insert " , and to provide additional funds to the state animal damage control fund " .

And that as so amended returns the same without recommendation.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1149, 1152, and 1201 which were tabled.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1169 and 1204 which were deferred to the 41st legislative day.

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 155 and returns the same with the recommendation that said bill be amended as follows:

m-1155

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

" Section 1. That § 10-47B-4 be amended to read as follows:

10-47B-4. The fuel excise tax rates for the tax imposed by this chapter are as follows:

(1) Motor fuel (except ethanol blends, E85 and M85 blends, and aviation gasoline) - ~~$.18~~ $.21 per gallon;

(2) Special fuel (except jet fuel) - ~~$.18~~ $.21 per gallon;

(3) Ethanol blends - ~~$.16~~ $.19 per gallon;

(4) Aviation gasoline - $.06 per gallon;

(5) Jet fuel - $.04 per gallon;

(6) E85 and M85 - ~~$.06~~ $.09 per gallon;

(7) E85 and M85 used in aircraft - $.04 per gallon;

(8) Liquid petroleum gas - ~~$.16~~ $.19 per gallon;

(9) Compressed natural gas - ~~$.06~~ $.09 per gallon. "

m-1155t

On page 1 , line 1 of the printed bill , delete everything after " to " and insert " increase the excise tax on certain motor fuels. " .

On page 1 , delete lines 2 and 3 .

And that as so amended returns the same without recommendation.

Respectfully submitted,
Steve Cutler, Chair

Also MR. SPEAKER:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1260 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Mitch Richter, Chair

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 52 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1282 and returns the same with the recommendation that said bill be amended as follows:

j-1282a

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

" Section 1. That § 36-4-26.2 be amended to read as follows:

36-4-26.2. Section 36-4-26.1 ~~applies neither to facts associated with a patient's treatment and care nor to patient records prepared in conjunction with~~ does not apply to observations made at the time of treatment by a health care professional present during the patient's treatment or to patient records prepared during the treatment and care rendered to a patient who is personally or by personal representative a party to an action or proceeding, the subject matter of which is the care and treatment of the patient. Furthermore, ~~after the notification of adverse parties as hereinafter provided, § 36-4-26.1 does not apply to the proceedings, records, reports, statements, minutes, or other data of any~~ no member of any committee, department, section, board of directors, or group covered by § 36-4-26.1, in so far as they relate to the statements or opinions of a member thereof made or rendered at its meeting, if the member is called as a witness on behalf of any party in an action involving the quality, type, or necessity of such care rendered. However:

~~(1) Such information may only be used to impeach the testimony of such witness; and~~

(2) Such witness may not testify unless the party calling the witness has notified all adverse parties to the action at least thirty days before trial of the person's intention to use such witness who has participated in deliberations under that section involving the subject matter of the action, may testify as an expert witness for any party in any action for personal injury or wrongful death, the subject matter of which is the care and treatment of the patient . "

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 53 and returns the same with the recommendation that said bill be amended as follows:

j-53

On page 1 , line 11 of the printed bill , delete " facility director or administrator or " .

And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1280 which was deferred to the 41st legislative day.

Respectfully submitted,
Kristie Fiegen, Chair

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration SB 95 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 HB 1005 which was tabled.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration SB 131, 175, and 214 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1296 and returns the same with the recommendation that said bill be amended as follows:

f-1296a

On page 1 , line 4 of the printed bill , delete " The " and insert " A " .

On page 1 , line 4 , after " licensee " insert " , licensed pursuant to subdivision 35-4-2(3), (4), (5), (6), (11), (12), (13), (16), (17), or (18), " .

On page 1 , line 12 , after " sanctions " insert " , in addition to the sanctions imposed pursuant to § 35-2-19 or 35-2-21, " .

R-1296

On page 1 , line 8 of the printed bill , delete " a controlling " and insert " an " .

On page 1 , line 9 , delete " a controlling " and insert " an " .

F-1296b

On page 1 , delete lines 11 to 16 of the printed bill , inclusive , and insert:

" Section 2. If a sale is in violation of § 35-4-78 and does not constitute a criminal offense against the licensee, the state's attorney for the county in which the sale took place may as part of any proceeding against the person making the sale request that the court require the licensee to pay a fine in accordance with this Act.

Section 3. Upon a request from the state's attorney and notice to the licensee, the court shall conduct a hearing to determine if the licensee is liable under this Act, and upon a finding that the licensee is liable, the court may order the licensee to pay a fine not to exceed:

(1) Three hundred dollars upon the first violation within two years;

(2) Five hundred dollars upon the second violation within two years; and

(3) One thousand dollars for the third violation within two years.

Section 4. For the purpose of this Act, a controlling interest in the licensee means an ownership interest of ten percent or more. "

On page 2 , delete lines 1 to 8 , inclusive .

R-1296a

That the previously adopted amendment, R-1296, be rescinded.

That the previously adopted amendment, f-1296a, be amended by deleting "On page 1, line 12, after "sanctions" insert ", in addition to the sanctions imposed pursuant to § 35-2-19 or 35-2- 21,"."

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 130 and returns the same with the recommendation that said bill be amended as follows:

r-130f

On page 2 , line 6 of the printed bill , delete " on " and insert " in " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1289 which was deferred to the 41st legislative day.

Respectfully submitted,
Jarvis Brown, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration SB 176 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation 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-172e

On page 3 , line 12 of the Senate engrossed bill , delete everything after " discloses " and insert " damage to the vehicle " .

On page 3 , line 13 , delete everything before " § § 32-3-51.7 " and insert " in accordance with the provisions of " .

F-172b

On page 1 , line 10 of the Senate engrossed bill , delete " five " and insert " three " .

On page 2 , line 10 , delete " five " and insert " three " .

On page 2 , line 13 , delete " five " and insert " three " .

On page 2 , line 20 , delete " five " and insert " three " .

And that as so amended said bill do pass.

Respectfully submitted,
B. Michael Broderick, Jr., Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1027, 1042, 1056, 1192, and 1217 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to transmit herewith SCR 4 which has been adopted by the Senate and your concurrence is respectfully requested.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 13, 26, 177, 191, 194, 205, 211, and 216 and SJR 4 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

     Rep. Jarvis Brown moved that the House do concur in Senate amendments to HB 1091.

     The question being on Rep. Jarvis Brown's motion that the House do concur in Senate amendments to HB 1091.

     And the roll being called:

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

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Excused were:
Eccarius; Windhorst

Absent and Not Voting were:
Waltman

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. Jarvis Brown moved that the House do concur in Senate amendments to HB 1094.

     The question being on Rep. Jarvis Brown's motion that the House do concur in Senate amendments to HB 1094.

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Excused were:
Windhorst

Absent and Not Voting were:
Waltman

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.

Yesterday, Rep. Volesky announced his intention to reconsider the vote by which HB 1200 was lost.

No member moved to reconsider the vote by which HB 1200 was lost.

Yesterday, Rep. Donald Munson announced his intention to reconsider the vote by which HB 1080 was lost.

No member moved to reconsider the vote by which HB 1080 was lost.

     Yesterday, Rep. Richter announced his intention to reconsider the vote by which HB 1166 was passed.

     Rep. Richter moved to reconsider the vote by which HB 1166 was passed.

     The question being on Rep. Richter's motion to reconsider the vote by which HB 1166 was passed.

     And the roll being called:

     Yeas 32, Nays 37, Excused 1, Absent and Not Voting 0

     Yeas were:
Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Fiegen; Fitzgerald; Garnos; Jaspers; Juhnke; Konold; Koskan; Lintz; McNenny; Michels; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Sebert; Slaughter; Smidt; Sutton (Duane); Wudel; Young; Speaker Hunt

Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Davis; Engbrecht; Fischer-Clemens; Fryslie; Hagen; Haley; Hanson; Hennies; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Lockner; Lucas; McCoy; McIntyre; Monroe; Nachtigal; Patterson; Roe; Solum; Sutton (Daniel); Volesky; Waltman; Weber; Wetz; Wilson

Excused were:
Windhorst

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

HCR 1011 Introduced by: Representative Hagen and Senator Moore

A CONCURRENT RESOLUTION, Recognizing and endorsing the efforts of the Good Bears of the World organization and their efforts on behalf of Children's Day.

WHEREAS, teddy bears have been a beloved symbol of Americana ever since they were first created in response to President Theodore Roosevelt's rescue of a cuddly bear cub on a hunting trip in Mississippi; and

WHEREAS, teddy bears were instantly and uniquely popular with American children and have remained so for almost a century; and

WHEREAS, teddy bears possess a special quality of comforting and befriending children and assisting children during times of stress and uncertainty; and

WHEREAS, an organization of teddy bear collectors known as Good Bears of the World has been very active in distributing teddy bears to troubled and disadvantaged children; and

WHEREAS, an outstanding example of this charitable impulse is exemplified by Children's Day in Florida when nine hundred forty teddy bears were given to thirty-eight domestic violence shelters; and

WHEREAS, each Children's Day teddy bear wore a red ribbon with an 800 number in the hope that the information may help to keep the child's family from further domestic violence; and

WHEREAS, during Florida's Children's Day, teddy bears were also distributed to hundreds of grateful children in local hospitals:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- fourth Legislature of the State of South Dakota, the Senate concurring therein, that the purposes of Children's Day be endorsed and applauded, that proponents of Children's Day be encouraged to bring Children's Day to South Dakota, and that May third be set aside as Children's Day in South Dakota.

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

SCR 4: A CONCURRENT RESOLUTION, In support of country-of-origin labeling of meat products.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Taxation on HB 1138 as found on pages 525 and 526 of the House Journal; also

     Commerce on HB 1283 as found on pages 527 to 532 of the House Journal; also

     Agriculture and Natural Resources on HB 1215 as found on pages 533 to 536 of the House Journal; also

     Agriculture and Natural Resources on HB 1273 as found on pages 536 and 537 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1223: FOR AN ACT ENTITLED, An Act to allow access to a deceased person's medical record.

Was read the second time.

     The question being "Shall HB 1223 pass as amended?"

     And the roll being called:

     Yeas 66, Nays 2, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Klaudt; Napoli

Excused were:
Brown (Jarvis); Windhorst

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. Cerny requested that HB 1163 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

Rep. Koskan requested that HB 1287 be removed from the Consent Calendar.

Which request was granted and the bill was so removed.

SB 98: FOR AN ACT ENTITLED, An Act to require a bail bondsperson to be licensed in the state to conduct bail bondsperson activities in the state.

Was read the second time.

     The question being "Shall SB 98 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Hagen

Excused were:
Windhorst

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 32: FOR AN ACT ENTITLED, An Act to revise certain procedures concerning the contents, data, and form of a municipal initiative and referendum and to provide certain rule- making authority.

Was read the second time.

The question being "Shall SB 32 pass as amended?"

And the roll being called:

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

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Young; Speaker Hunt

Nays were:
Kooistra; Napoli; Wudel

Excused were:
Windhorst

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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1004: FOR AN ACT ENTITLED, An Act to increase and revise license fees for certain noncommercial vehicles, to revise the distribution of license fees, and to increase the excise tax on certain motor fuels.

Was read the second time.

r-1004

Rep. Volesky moved that HB 1004 be amended as follows:

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

" Section 1. That chapter 10-47B be amended by adding thereto a NEW SECTION to read as follows:

In addition to the fuel excise tax rates imposed by § 10-47B-4, there are imposed additional fuel excise tax rates as follows:

(1) Motor fuel (except ethanol blends, E85 and M85 blends, and aviation gasoline) -$.02 per gallon;

(2) Special fuel (except jet fuel) -$.02 per gallon;

(3) Ethanol blends -$.02 per gallon;

(4) E85 and M85 -$.02 per gallon;

(5) Liquid petroleum gas -$.02 per gallon; and

(6) Compressed natural gas -$.02 per gallon.

Section 2. That chapter 10-47B be amended by adding thereto a NEW SECTION to read as follows:

Any funds collected pursuant to section 1 of this Act shall be deposited in the local government highway and bridge fund created pursuant to § 32-11-34.

Section 3. That § 10-47B-5 be amended to read as follows:

10-47B-5. A fuel excise tax is imposed on all motor fuel and special fuel that is removed from a terminal in this state at the rack or used at the terminal, unless it is removed by an exporter specifically licensed to export from this state into the state which is indicated as the destination state on the bill of lading issued by the terminal operator for the fuel, or the fuel is ethyl alcohol and it has been removed by a licensed blender or supplier and is invoiced separately from gasoline and not sold as an ethanol blend. The tax imposed shall be at the rate indicated in § 10-47B-4 and section 1 of this Act .

Section 4. That § 10-47B-6 be amended to read as follows:

10-47B-6. A fuel excise tax is imposed on all motor fuel or special fuel, except unblended ethyl alcohol, imported into this state in the bulk cargo area of any motor vehicle, vessel rail car, or trailer by any means other than through a terminal located in this state, upon its entry into this state. The tax imposed shall be at the rate indicated in § 10-47B-4 and section 1 of this Act .

Section 5. That § 10-47B-7 be amended to read as follows:

10-47B-7. A fuel excise tax is imposed on all special fuel used in this state in the engine fuel supply tank of qualified motor vehicles involved in interstate commerce. The tax imposed shall be at the rate indicated in § 10-47B-4 and section 1 of this Act .

Section 6. That § 10-47B-8 be amended to read as follows:

10-47B-8. A fuel excise tax is imposed on all ethyl alcohol and other substances blended with motor fuel or undyed special fuel unless the ethyl alcohol or other substance has previously been taxed by the provisions of this chapter. The tax imposed shall be at the rate indicated in § 10-47B-4 and section 1 of this Act of the dominant motor fuel or undyed special fuel with

which the substance is blended unless the substance is ethyl or methyl alcohol blended by a licensed blender to create an ethanol, E85, or M85 blend in which case it shall be at the ethanol, E85, or M85 blend rate as indicated in § 10-47B-4 and section 1 of this Act .

Section 7. That § 10-47B-9 be amended to read as follows:

10-47B-9. A fuel excise tax is imposed on unblended ethyl alcohol sold by an ethanol producer, supplier, importer, or blender unless the sale is made to a licensed supplier for resale, licensed blender, or licensed exporter for export to another state who is specifically licensed to export to the state. The tax imposed shall be at the rate set for motor fuel in § 10-47B-4 and section 1 of this Act .

Section 8. That § 10-47B-10 be amended to read as follows:

10-47B-10. A fuel excise tax is imposed on all motor fuel or special fuel which has been removed from a terminal in this state at the rack by a licensed exporter for which the bill of lading issued for the fuel by the terminal operator indicates a destination state other than South Dakota, and the fuel is later diverted by the exporter to a destination within this state for off-loading unless the fuel is ethyl alcohol, the exporter is licensed as a blender or supplier and the product is purchased and invoiced separately from gasoline and not as an ethanol blend. The tax imposed shall be at the rate set for motor fuel or special fuel in § 10-47B-4 and section 1 of this Act .

Section 9. That § 10-47B-11 be amended to read as follows:

10-47B-11. A fuel excise tax is imposed on liquid petroleum gas and compressed natural gas sold or used by licensed vendors in this state for use in motor vehicles unless liquid petroleum gas is sold to a licensed liquid petroleum gas user. The tax imposed shall be at the rate set forth in § 10-47B-4 and section 1 of this Act .

Section 10. That § 10-47B-12 be amended to read as follows:

10-47B-12. A fuel excise tax is imposed on liquid petroleum gas used in the engine fuel supply tank of a motor vehicle owned or operated by a liquid petroleum user which is used on the public highways or roads of this state. The tax imposed shall be at the rate set forth in § 10-47B-4 and section 1 of this Act .

Section 11. That § 10-47B-13 be amended to read as follows:

10-47B-13. A fuel excise tax is imposed on all motor fuel, special fuel, and liquid petroleum gas used in the engine fuel supply tank of self-propelled machinery, equipment, or vehicles used in highway construction or repair work done in this state within the right-of-way, unless the self-propelled machinery, equipment, and vehicles are owned by this state or a county or municipality of this state. The tax imposed shall be at the rate indicated for motor fuel, special fuel, or liquid petroleum gas in § 10-47B-4 and section 1 of this Act .

Section 12. That § 10-47B-17 be amended to read as follows:

10-47B-17. The amount of the inventory tax imposed by § 10-47B-14 and section 1 of this Act is equal to the special fuel tax rate indicated in § 10-47B-4 and section 1 of this Act times the gallons in storage as determined under § 10-47B-15.

Section 13. That § 10-47B-148 be amended to read as follows:

10-47B-148. Any tax, fee, penalty assessment, and interest assessment collected under this chapter are to be deposited with the state treasurer who shall credit the amount received to the motor fuel tax fund , except for the provision provided in section 2 of this Act . However, taxes collected under this chapter on behalf of other jurisdictions under the provisions of an interstate agreement are to be distributed under the provisions of that agreement.

Section 14. That § 10-47B-4 be amended to read as follows:

10-47B-4. The fuel excise tax rates for the tax imposed by this chapter are as follows:

(1) Motor fuel (except ethanol blends, E85 and M85 blends, and aviation gasoline) - ~~$.18~~ $.21 per gallon;

(2) Special fuel (except jet fuel) - ~~$.18~~ $.21 per gallon;

(3) Ethanol blends - ~~$.16~~ $.19 per gallon;

(4) Aviation gasoline - $.06 per gallon;

(5) Jet fuel - $.04 per gallon;

(6) E85 and M85 - ~~$.06~~ $.09 per gallon;

(7) E85 and M85 used in aircraft - $.04 per gallon;

(8) Liquid petroleum gas - ~~$.16~~ $.19 per gallon;

(9) Compressed natural gas - ~~$.06~~ $.09 per gallon. "

     Rep. Broderick moved that Rep. Volesky's motion to amend HB 1004 be laid on the table.

     A roll call vote was requested and supported.

     The question being on Rep. Broderick's motion that Rep. Volesky's motion to amend HB 1004 be laid on the table.

     And the roll being called:

Yeas 50, Nays 20, Excused 0, Absent and Not Voting 0

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Wetz; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Burg; Cerny; Chicoine; Davis; Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Koetzle; Lockner; Lucas; McIntyre; Nachtigal; Patterson; Sutton (Daniel); Volesky; Waltman; Weber; Wilson

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and Rep. Volesky's motion to amend HB 1004 was laid on the table.

f-1004h

Rep. Waltman moved that HB 1004 be amended as follows:

On page 7 , after line 23 of the House Transportation committee engrossed bill , insert:

" Section 13. That § 32-10-35 be amended to read as follows:

32-10-35. Fees collected by the secretary of revenue and not otherwise provided for shall be distributed as provided by this section. Fees collected under chapter 32-10 by the secretary of revenue pursuant to § 32-5B-1 shall be deposited in the state highway fund. Fees collected under chapter 32-10 by the secretary of revenue pursuant to chapter 32-9 shall be distributed with ~~fifty-four percent to the state highway fund~~ fifty-seven percent to the local government highway and bridge fund , forty-one and one-half percent to counties, ~~two~~ one-half percent to the state motor vehicle fund, and ~~two and one-half~~ one percent to the state license plate special revenue fund. The counties' portion shall be distributed among the counties, pro rata, twenty-five percent according to truck registrations, twenty-five percent according to population, and fifty percent according to total road mileage. Each county shall distribute fifty-four percent of its portion to the county general fund, thirty-four percent of its portion to the special highway fund as provided by § 32-11-4.1, and twelve percent of its portion to the municipalities of the county pursuant to § 32-11-4.1. "

     Rep. Konold moved that Rep. Waltman's motion to amend HB 1004 be laid on the table.

     A roll call vote was requested and supported.

     The question being on Rep. Konold's motion that Rep. Waltman's motion to amend HB 1004 be laid on the table.

     And the roll being called:

     Yeas 46, Nays 23, Excused 1, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Richter; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Wetz; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Brown (Richard); Burg; Cerny; Chicoine; Davis; Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Nachtigal; Patterson; Roe; Sutton (Daniel); Volesky; Waltman; Weber; Wilson

Excused were:
Putnam

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and Rep. Waltman's motion to amend HB 1004 was laid on the table.

f-1004h

Rep. Wilson moved that HB 1004 be amended as follows:

On page 7 , after line 23 of the House Transportation committee engrossed bill , insert:

" Section 13. That § 32-10-35 be amended to read as follows:

32-10-35. Fees collected by the secretary of revenue and not otherwise provided for shall be distributed as provided by this section. Fees collected under chapter 32-10 by the secretary of revenue pursuant to § 32-5B-1 shall be deposited in the state highway fund. Fees collected under chapter 32-10 by the secretary of revenue pursuant to chapter 32-9 shall be distributed with ~~fifty-four percent to the state highway fund~~ fifty-seven percent to the local government highway and bridge fund , forty-one and one-half percent to counties, ~~two~~ one-half percent to the state motor vehicle fund, and ~~two and one-half~~ one percent to the state license plate special revenue fund. The counties' portion shall be distributed among the counties, pro rata, twenty-five percent according to truck registrations, twenty-five percent according to population, and fifty percent according to total road mileage. Each county shall distribute fifty-four percent of its respective portion to the county general fund, thirty-four percent of its portion to the special highway fund as provided by § 32-11-4.1, and twelve percent of its portion to the municipalities of the county pursuant to § 32-11-4.1. "

A roll call vote was requested and supported.

The question being on Rep. Wilson's motion that HB 1004 be amended.

     And the roll being called:

     Yeas 22, Nays 46, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Burg; Cerny; Chicoine; Crisp; Davis; Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Koetzle; Kooistra; Lockner; Lucas; McIntyre; Nachtigal; Patterson; Sutton (Daniel); Volesky; Waltman; Wilson

Nays were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Napoli; Peterson; Pummel; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Duane); Wetz; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Putnam; Weber

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

     The question now being "Shall HB 1004 pass as amended?"

     And the roll being called:

     Yeas 48, Nays 21, Excused 1, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Clark; Crisp; Cutler; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fitzgerald; Fryslie; Garnos; Hennies; Jaspers; Juhnke; Klaudt; Koehn; Konold; Kooistra; Koskan; Lintz; McCoy; McNenny; Michels; Monroe; Munson (Donald); Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Wetz; Wudel; Young; Speaker Hunt

Nays were:
Apa; Burg; Cerny; Chicoine; Davis; Fischer-Clemens; Hagen; Haley; Hanson; Kazmerzak; Koetzle; Lockner; Lucas; McIntyre; Nachtigal; Napoli; Patterson; Volesky; Waltman; Wilson; Windhorst

Excused were:
Weber

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 1121: FOR AN ACT ENTITLED, An Act to provide health insurance coverage for diabetes supplies, equipment, and self-management training and education.

Was read the second time.

j-1121a

Rep. Michels moved that HB 1121 be amended as follows:

On page 2 , line 15 of the House Commerce committee engrossed bill , delete " No less than " and insert " The policy shall provide coverage for a minimum of " .

On page 2 , line 16 , delete " may be " .

On page 2 , line 17 , delete " covered " .

On page 2 , delete lines 21 to 25 , inclusive , and insert:

" Section 2. That chapter 58-17 be amended by adding thereto a NEW SECTION to read as follows:

The provisions of section 1 of this Act do not apply to any plan, policy, or contract that provides coverage only for:

(1) Specified disease;

(2) Hospital indemnity;

(3) Fixed indemnity;

(4) Accident-only;

(5) Credit;

(6) Dental;

(7) Vision;

(8) Prescription drug;

(9) Medicare supplement;

(10) Long-term care;

(11) Disability income insurance;

(12) Coverage issued as a supplement to liability insurance;

(13) Workers' compensation or similar insurance;

(14) Automobile medical payment insurance;

(15) Individual health benefit plans of six-months duration or less that are not renewable; or

(16) Individual nonmajor medical insurance. "

On page 3 , delete lines 1 to 13 , inclusive .

On page 4 , line 14 , delete " No less than " and insert " The policy shall provide coverage for a minimum of " .

On page 4 , line 15 , delete " may be " .

On page 4 , line 16 , delete " covered " .

On page 4 , delete lines 20 to 25 , inclusive , and insert:

" Section 4. That chapter 58-18 be amended by adding thereto a NEW SECTION to read as follows:

The provisions of section 3 of this Act do not apply to any plan, policy, or contract that provides coverage only for:

(1) Specified disease;

(2) Hospital indemnity;

(3) Fixed indemnity;

(4) Accident-only;

(5) Credit;

(6) Dental;

(7) Vision;

(8) Prescription drug;

(9) Medicare supplement;

(10) Long-term care;

(11) Disability income insurance;

(12) Coverage issued as a supplement to liability insurance;

(13) Workers' compensation or similar insurance;

(14) Automobile medical payment insurance;

(15) Individual health benefit plans of six-months duration or less that are not renewable; or

(16) Individual nonmajor medical insurance. "

On page 5 , delete lines 1 to 12 , inclusive .

On page 6 , line 13 , delete " No less than " and insert " The policy shall provide coverage for a minimum of " .

On page 6 , line 14 , delete " may be " .

On page 6 , line 15 , delete " covered " .

On page 6 , delete lines 19 to 25 , inclusive , and insert:

" Section 6. That chapter 58-18B be amended by adding thereto a NEW SECTION to read as follows:

The provisions of section 5 of this Act do not apply to any plan, policy, or contract that provides coverage only for:

(1) Specified disease;

(2) Hospital indemnity;

(3) Fixed indemnity;

(4) Accident-only;

(5) Credit;

(6) Dental;

(7) Vision;

(8) Prescription drug;

(9) Medicare supplement;

(10) Long-term care;

(11) Disability income insurance;

(12) Coverage issued as a supplement to liability insurance;

(13) Workers' compensation or similar insurance;

(14) Automobile medical payment insurance;

(15) Individual health benefit plans of six-months duration or less that are not renewable; or

(16) Individual nonmajor medical insurance. "

On page 7 , delete lines 1 to 11 , inclusive .

On page 8 , line 12 , delete " No less than " and insert " The policy shall provide coverage for a minimum of " .

On page 8 , line 13 , delete " may be " .

On page 8 , line 14 , delete " covered " .

On page 8 , delete lines 18 to 25 , inclusive , and insert:

" Section 8. That chapter 58-38 be amended by adding thereto a NEW SECTION to read as follows:

The provisions of section 7 of this Act do not apply to any plan, policy, or contract that provides coverage only for:

(1) Specified disease;

(2) Hospital indemnity;

(3) Fixed indemnity;

(4) Accident-only;

(5) Credit;

(6) Dental;

(7) Vision;

(8) Prescription drug;

(9) Medicare supplement;

(10) Long-term care;

(11) Disability income insurance;

(12) Coverage issued as a supplement to liability insurance;

(13) Workers' compensation or similar insurance;

(14) Automobile medical payment insurance;

(15) Individual health benefit plans of six-months duration or less that are not renewable; or

(16) Individual nonmajor medical insurance. "

On page 9 , delete lines 1 to 10 , inclusive .

On page 10 , line 11 , delete " No less than " and insert " The policy shall provide coverage for a minimum of " .

On page 10 , line 12 , delete " may be " .

On page 10 , line 13 , delete " covered " .

On page 10 , delete lines 17 to 25 , inclusive , and insert:

" Section 10. That chapter 58-40 be amended by adding thereto a NEW SECTION to read as follows:

The provisions of section 9 of this Act do not apply to any plan, policy, or contract that provides coverage only for:

(1) Specified disease;

(2) Hospital indemnity;

(3) Fixed indemnity;

(4) Accident-only;

(5) Credit;

(6) Dental;

(7) Vision;

(8) Prescription drug;

(9) Medicare supplement;

(10) Long-term care;

(11) Disability income insurance;

(12) Coverage issued as a supplement to liability insurance;

(13) Workers' compensation or similar insurance;

(14) Automobile medical payment insurance;

(15) Individual health benefit plans of six-months duration or less that are not renewable; or

(16) Individual nonmajor medical insurance. "

On page 11 , delete lines 1 to 9 , inclusive .

On page 12 , line 10 , delete " No less than " and insert " The policy shall provide coverage for a minimum of " .

On page 12 , line 11 , delete " may be " .

On page 12 , line 12 , delete " covered " .

On page 12 , delete lines 16 to 25 , inclusive , and insert:

" Section 12. That chapter 58-41 be amended by adding thereto a NEW SECTION to read as follows:

The provisions of section 11 of this Act do not apply to any plan, policy, or contract that provides coverage only for:

(1) Specified disease;

(2) Hospital indemnity;

(3) Fixed indemnity;

(4) Accident-only;

(5) Credit;

(6) Dental;

(7) Vision;

(8) Prescription drug;

(9) Medicare supplement;

(10) Long-term care;

(11) Disability income insurance;

(12) Coverage issued as a supplement to liability insurance;

(13) Workers' compensation or similar insurance;

(14) Automobile medical payment insurance;

(15) Individual health benefit plans of six-months duration or less that are not renewable; or

(16) Individual nonmajor medical insurance. "

On page 13 , delete lines 1 to 8 , inclusive .

Which motion prevailed and HB 1121 was so amended.

     The question being "Shall HB 1121 pass as amended?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Young; Speaker Hunt

Nays were:
Diedtrich (Elmer); Koskan; Monroe; Windhorst; Wudel

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 1263: FOR AN ACT ENTITLED, An Act to establish the agricultural chemical response and remediation account.

Was read the second time.

     The question being "Shall HB 1263 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 44, Excused 1, Absent and Not Voting 0

     Yeas were:
Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Eccarius; Fitzgerald; Fryslie; Hennies; Jaspers; Juhnke; Klaudt; Koskan; McCoy; McNenny; Monroe; Munson (Donald); Peterson; Pummel; Putnam; Sebert; Slaughter; Smidt; Sutton (Duane); Wetz; Wudel

Nays were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Duniphan; Earley; Engbrecht; Fiegen; Fischer-Clemens; Garnos; Hagen; Haley; Hanson; Kazmerzak; Koehn; Koetzle; Konold; Kooistra; Lintz; Lockner; Lucas; McIntyre; Nachtigal; Napoli; Patterson; Richter; Roe; Solum; Sutton (Daniel); Volesky; Waltman; Weber; Wilson; Windhorst; Young; Speaker Hunt

Excused were:
Michels

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

HB 1254: FOR AN ACT ENTITLED, An Act to revise certain provisions related to local government officer conflicts of interest.

Was read the second time.

The question being "Shall HB 1254 pass as amended?"

And the roll being called:

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

Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
McNenny

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 1270: FOR AN ACT ENTITLED, An Act to permit secondary schools to offer County Extension Service parenting classes for academic credit.

Was read the second time.

     The question being "Shall HB 1270 pass as amended?"

     And the roll being called:

     Yeas 59, Nays 11, Excused 0, Absent and Not Voting 0

     Yeas were:
Apa; Brooks; Brown (Jarvis); Brown (Richard); Burg; Chicoine; Clark; Crisp; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Speaker Hunt

Nays were:
Broderick; Cerny; Derby; Fryslie; Napoli; Pummel; Putnam; Richter; Solum; Wudel; Young

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. Cutler moved that HB 1284 be deferred until Thursday, February 18th, the 27th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1264: FOR AN ACT ENTITLED, An Act to clarify the meaning of the term, biologically-based mental illness.

Was read the second time.

     The question being "Shall HB 1264 pass?"

     And the roll being called:

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

     Yeas were:
Apa; Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wetz; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
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.

Rep. Cutler moved that HB 1274, 1301, and 1298 be deferred until Thursday, February 18th, the 27th legislative day.

Which motion prevailed and the bills were so deferred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 13: FOR AN ACT ENTITLED, An Act to repeal certain exemptions for national guard members and discharged members from certain taxes and military duty.

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

SB 26: FOR AN ACT ENTITLED, An Act to authorize the sale of a tract of land in Brookings County used by the Agricultural Experiment Station research program, to provide

for the deposit of the sale proceeds, and to revise the allocation of the Board of Regents endowed institution interest and income fund to reflect the value of such sale.

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

SB 177: FOR AN ACT ENTITLED, An Act to require the Department of Revenue to conduct a pilot program granting limited access to certain secured parties concerning liens and to provide rule-making authority to implement the pilot program.

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

SB 191: FOR AN ACT ENTITLED, An Act to designate kuchen as the official state dessert.

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

SB 194: FOR AN ACT ENTITLED, An Act to provide certain restrictions for dealership contracts for agricultural construction equipment.

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

SB 205: FOR AN ACT ENTITLED, An Act to revise the procedure for establishing the tax levy for a school district sending students to an adjoining school district.

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

SB 211: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to workers' compensation.

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

SB 216: FOR AN ACT ENTITLED, An Act to make an appropriation for adult basic education.

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

SJR 4: 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 legislative terms and legislative term limits.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Rep. Cutler moved that SB 106, 10, 11, 12, 132, 47, 15, 79, 80, 126, 134, 103, 146, 34, and 71 be deferred until Thursday, February 18th, the 27th legislative day.

Which motion prevailed and the bills were so deferred.

There being no objection, the House reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

Rep. Cutler moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 18th, the 27th legislative day.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that HB 1012, 1013, 1084, 1087, 1099, and 1158 were delivered to his Excellency, the Governor, for his approval at 4:43 p.m., February 17, 1999.

Also MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1027, 1042, 1056, 1091, 1094, 1192, and 1217 and finds the same correctly enrolled.

Respectfully submitted,
Roger Hunt, Chair

SIGNING OF BILLS

The Speaker publicly read the title to

HB 1027: FOR AN ACT ENTITLED, An Act to increase the maximum benefits payable under the crime victims' compensation program.

     HB 1042: FOR AN ACT ENTITLED, An Act to authorize the secretary of commerce and regulation to issue restricted driver licenses to persons whose driving privileges have been withdrawn and to promulgate certain administrative rules.

     HB 1056: FOR AN ACT ENTITLED, An Act to revise certain requirements for coordination of benefits of group health plans.

     HB 1091: FOR AN ACT ENTITLED, An Act to provide that stipulations regarding the value of an estate being probated and decrees regarding the inheritance tax due be sealed.

     HB 1094: FOR AN ACT ENTITLED, An Act to revise certain guardianship and conservatorship provisions regarding appointment hearings, financial statements, and successors.

     HB 1192: FOR AN ACT ENTITLED, An Act to extend the time allowed to file an affidavit of recusal of hearing examiner.

     HB 1217: FOR AN ACT ENTITLED, An Act to revise the procedure for determining the period of time that has elapsed for a person who was previously convicted of driving under the influence.

     And signed the same in the presence of the House.

COMMEMORATIONS

HC 1009 Introduced by: Representatives Chicoine and Broderick

A LEGISLATIVE COMMEMORATION, Honoring Miss Angela Renken, Elk Point, South Dakota, as a recipient of a Prudential Spirit of Community Award.

WHEREAS, Angela, an esteemed resident of rural Elk Point and a student of Elk Point- Jefferson High School, has achieved national recognition for exemplary volunteer service by receiving a 1999 Prudential Spirit of Community Award; and

WHEREAS, this prestigious award, presented by The Prudential Insurance Company of America in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

WHEREAS, Angela earned this award by giving generously of her time and energy to recruit her entire 4-H Club to make regular visits to two area retirement homes, where they provide companionship to the residents and conduct activities; and

WHEREAS, the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Angela who use their considerable talents and resources to serve others:

NOW, THEREFORE, BE IT COMMEMORATED, by the Seventy-fourth Legislature of the State of South Dakota, that this legislative body hereby congratulates and honors Angela as a recipient of a Prudential Spirit of Community Award, recognizes her outstanding record of volunteer service, peer leadership, and community spirit, and extends best wishes for her continued success and happiness.

Rep. Engbrecht moved that the House do now adjourn, which motion prevailed, and at 6:00 p.m. the House adjourned.

KAREN GERDES, Chief Clerk