JOURNAL OF THE HOUSE

SPECIAL SESSION OF THE

SEVENTY-EIGHTH LEGISLATIVE ASSEMBLY  



SECOND DAY



STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Friday, June 27, 2003

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

     The prayer was offered by the Chaplain, Shirley Sandberg, followed by the Pledge of Allegiance.

     Roll Call: All members present except Reps. Ryan Olson and Van Etten who were excused.

     Rep. Bill Peterson moved that the House do now recess until 9:45 a.m., which motion prevailed, and at 9:14 a.m., the House recessed.

RECESS


     The House reconvened at 9:45 a.m., the Speaker presiding.

    Mr. Speaker announced the appointment of the following standing committee:

**Denotes Chair
*Denotes Vice Chair

LEGISLATIVE PROCEDURE (7)

    **Michels, *Madsen, Peterson (Bill), Putnam, Wick, Burg, Olson (Mel).

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 first 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,
Matthew Michels, Chair

    Which motion prevailed and the report was adopted.

MESSAGES

MR. SPEAKER:

    I have the honor to transmit herewith SB 1 and 2 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 1:   FOR AN ACT ENTITLED, An Act to   revise the General Appropriations Act for fiscal year 2004 to make an appropriation for a risk pool and a risk pool reserve for health insurance purposes and to declare an emergency.

     Was read the first time.

     SB 2:   FOR AN ACT ENTITLED, An Act to   establish a risk pool to provide health insurance coverage to eligible persons and to declare an emergency.

     Was read the first time.

MOTIONS AND RESOLUTIONS

    Rep. Bill Peterson moved that the House dispense with referral of SB 1 and 2 to committee and that SB 1 and 2 be placed on the calendar for immediate consideration.

    Which motion prevailed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 2:   FOR AN ACT ENTITLED, An Act to   establish a risk pool to provide health insurance coverage to eligible persons and to declare an emergency.

     Was read the second time.

2tb

     Rep. Murschel moved that SB 2 be amended as follows:

     On page 17, after line 18 of the Senate State Affairs Committee engrossed bill, insert:

"      Section 34. The executive board of the Legislative Research Council shall establish and appoint the members of an interim committee for the 2006 Interim to review and evaluate the operation and effectiveness of the risk pool established pursuant to this Act. Any committee appointed pursuant to this section may establish its own procedures for the review and evaluation required by this section. The committee shall hold public hearings and receive testimony from the public and all interested parties. The Department of Legislative Audit shall furnish, upon request of the committee, any relevant information including the reports of audits of the risk pool. The risk pool board established pursuant to this Act bears the burden of establishing that sufficient public need is present to justify its continued existence and the

existence of the risk pool. The risk pool board shall provide the committee with the following information:

             (1)    The identity of all offices and personnel under the direct or advisory control of the risk pool;
             (2)    All powers, duties, and functions currently performed by the risk pool and all constitutional, statutory, or other authority under which the powers, duties, and functions of the risk are carried out;
             (3)    Any powers, duties, or functions that are inconsistent with current and projected public needs and which should be terminated or altered; and
             (4)    Any other information that the committee feels is necessary and proper to carry out its review and evaluative duties.

     Section 35. To determine whether a sufficient public need for continuing the risk pool is present, the interim committee shall consider the following factors:

             (1)    The extent to which the risk pool is meeting the insurance needs of the affected population of the state in a cost-effective, efficient, and fiscally sound manner that cannot be better accomplished by other means;
             (2)    The extent to which any information required to be furnished to the reviewing committee has been omitted, misstated, or refused, and the extent to which conclusions reasonably drawn from the information are adverse to the legislative intent inherent in the powers, duties, and functions as established in the enabling legislation creating the risk pool, or is inconsistent with present or projected public demands or needs;
             (3)    The extent to which statutory changes have been recommended that would benefit the public in general as opposed to benefitting the risk pool;
             (4)    The extent to which the operation of the risk pool has been efficient and responsive to the public needs;
             (5)    The extent to which the risk pool has encouraged the persons regulated or affected to report to it concerning the impact of its rules and decisions regarding improved services, economy of service, or availability of service to the public;
             (6)    The extent to which the public has been encouraged to participate in rule and decision making as opposed to participation solely by persons regulated or affected;
             (7)    The extent to which complaints have been expeditiously processed to completion in the public interest; and
             (8)    Any other relevant criteria which the committee deems necessary and proper in reviewing and evaluating the sufficient public need for continuance of the state agency.

     Section 36. The interim committee shall submit reports recommending either the continuation, revision, or termination of the risk pool to the executive board of the Legislative Research Council for distribution to legislators and the Governor before the first legislative day of the 2007 regular legislative session. The committee may submit its recommendations concerning the risk pool and laws that it believes should be repealed or revised to the Legislature in one or more bills.".

     Which motion lost.

     The question being "Shall SB 2 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 5, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Koistinen; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Teupel; Thompson; Valandra; Van Gerpen; Van Norman; Weems; Wick; Speaker Michels

     Nays:
Klaudt; Konold; McCaulley; Solum; Williamson

     Excused:
Olson (Ryan); Van Etten

     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 1:   FOR AN ACT ENTITLED, An Act to   revise the General Appropriations Act for fiscal year 2004 to make an appropriation for a risk pool and a risk pool reserve for health insurance purposes and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 1 pass?"

     And the roll being called:

     Yeas 65, Nays 3, Excused 2, Absent 0

     Yeas:
Adelstein; Bartling; Begalka; Bradford; Buckingham; Burg; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Elliott; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hundstad; Hunhoff; Juhnke; Koistinen; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Putnam; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Teupel; Thompson; Valandra; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Klaudt; Konold; Solum

     Excused:
Olson (Ryan); Van Etten

     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.

MESSAGES

MR. SPEAKER:

    I have the honor to return herewith HB 1001 which has passed the Senate without change.

Respectfully,
Patricia Adam, Secretary

CONSIDERATION OF REPORTS OF SELECT COMMITTEES

MR. SPEAKER:

Your Joint-Select Committee appointed to consider the matter of adjournment sine die of the Special Session of the Seventy-eighth Legislative Session respectfully reports that the Senate and House of Representatives adjourn sine die at the hour of 11:35 a.m., June 27, 2003.

Respectfully submitted,                Respectfully submitted,
Matthew Michels                        Eric Bogue
Larry Rhoden                            Arnold Brown
Quinten Burg                            Garry Moore
House Committee                        Senate Committee

Rep. Bill Peterson moved that the report of the Joint-Select Committee relative to fixing the time to adjourn sine die for the Special Session of the Seventy-eighth Legislative Session be adopted.

Which motion prevailed.

MESSAGES

MR SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee for the purpose of fixing the time of adjournment sine die for the Special Session of the Seventy-eighth Legislative Session.

Respectfully,
Patricia Adam, Secretary

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1001 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1001: FOR AN ACT ENTITLED, An Act to  permit additional rate flexibility to carriers that actively market certain individual health insurance policies in this state.

     SB 1: FOR AN ACT ENTITLED, An Act to  revise the General Appropriations Act for fiscal year 2004 to make an appropriation for a risk pool and a risk pool reserve for health insurance purposes and to declare an emergency.

     SB 2: FOR AN ACT ENTITLED, An Act to  establish a risk pool to provide health insurance coverage to eligible persons and to declare an emergency.

     And signed the same in the presence of the House.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1001 was delivered to his Excellency, the Governor, for his approval at 11:30 a.m., June 27, 2003.

Respectfully submitted,
Matthew Michels, Chair

    The following prayer was offered by the Chaplain, Shirley Sandberg:

    Lord,

    We praise You today for this beautiful day, for this beautiful State, and for the wonderful freedom You give us in this country.

    We thank You for Your presence being here with the legislators these past two days. Now as they prepare to go back to their homes and jobs and families, watch over them, give each one traveling mercies as they travel home to the different parts of South Dakota. Be with their families keeping them safe also.

    Give them Your peace for the work that was done here today.

    And Lord we ask You also to be with our service men and women serving our country whether they are serving in some way here in the home land or overseas. We could not continue to be the free country we are without their courage and willingness to serve and to protect freedom around the world.

    You are an almighty God who loves His people.

    Hear my prayer today, as I pray in Jesus' name. Amen.

     Rep. McCaulley moved that the House do now adjourn sine die, which motion prevailed and at 11:35 a.m. the House adjourned.

Karen Gerdes, Chief Clerk

COMMUNICATIONS AND PETITIONS

June 27, 2003

Mr. Speaker and Members of the House of Representatives:

     I have the honor to inform you that I have approved House Bill 1001, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor