JOURNAL OF THE SENATE

SPECIAL SESSION OF THE

SEVENTY-EIGHTH LEGISLATIVE ASSEMBLY  




FIRST DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, June 26, 2003

     BE IT REMEMBERED, That on the twenty-sixth day of June, A.D., two thousand three, at the hour of ten o'clock meridian, being the hour and day named by the Honorable M. Michael Rounds, Governor of the State of South Dakota, for the convening of the Legislature in Special Session, the Senate of the State of South Dakota was called to order by Lieutenant Governor Dennis Daugaard in the Senate Chamber in the Capitol, in the City of Pierre, the seat of our government.

     The following prayer was offered by the Chaplain, Reverend Mr. Roger Heidt, Ss. Peter and Paul Catholic Church:

    Gracious and Merciful God:

    We begin our day in thanksgiving,
    Thanksgiving for moisture that has nourished our land,
    Thanksgiving for living in a free and open society,
    Thanksgiving for the men and women serving in state government,
    Thanksgiving for the care and concern shown to those in need,
    Thanksgiving for the gift of life You have given each of us.

    We pray for our women and men in the Armed Forces,
    We pray for this legislative body, as it gathers today,
    We pray for the citizens of South Dakota,
    We pray for guidance, wisdom, courage and integrity,
    We pray that through this day, we are open to Your presence; in the people we meet, in our actions, in our thoughts, and in our words. In Jesus' name, Amen.

    The Pledge of Allegiance to the flag of the United States was given by all present.


    I, CHRIS NELSON, Secretary of State of the state of South Dakota, do hereby certify that the following members, having been duly elected to the Senate at the general election held on November 5, 2002, are hereby certified as members of the Senate of the 2003-2004 Legislative Sessions:

District No.  1  Day, Marshall and Roberts Counties
                Paul N. Symens, Amherst

District No.  2  Brown and Spink Counties
                H. Paul Dennert, Columbia

District No.  3  Brown and McPherson Counties
                Duane Sutton, Aberdeen

District No.  4  Brookings, Deuel, Grant and Moody Counties
                Larry Diedrich, Elkton

District No.  5  Codington County
                Lee Schoenbeck, Watertown

District No.  6  Beadle, Clark, Codington, Hamlin and Kingsbury Counties
                Brock L. Greenfield, Clark

District No.  7  Brookings County
                Arnold M. Brown, Brookings

District No.  8  Lake, Miner, Moody and Sanborn Counties
                Dan Sutton, Flandreau

District No.  9  Minnehaha County
                Thomas A. Dempster, Sioux Falls

District No. 10  Lincoln and Minnehaha Counties
                Gene G. Abdallah, Sioux Falls

District No. 12  Lincoln and Minnehaha Counties
                William F. Earley, Sioux Falls

District No. 13  Minnehaha County
                Dick Kelly, Sioux Falls

District No. 14  Minnehaha County
                David L. Knudson, Sioux Falls

District No. 15  Minnehaha County
                Gil Koetzle, Sioux Falls


District No. 16  Lincoln and Union Counties
                Kenneth D. Albers, Canton

District No. 17  Clay and Turner Counties
                John J. Reedy, Vermillion

District No. 18  Yankton County
                Garry A. Moore, Yankton

District No. 19  Bon Homme, Douglas, Hutchinson and Turner Counties
                Frank J. Kloucek, Scotland

District No. 20  Aurora and Davison Counties
                Ed Olson, Mitchell

District No. 21  Brule, Buffalo, Charles Mix and Gregory Counties
                Sam Nachtigal, Platte

District No. 22  Hand, Jerauld and Beadle Counties
                Robert N. Duxbury, Wessington

District No. 23  Campbell, Edmunds, Faulk, Hyde, McPherson, Potter and Walworth Counties
                 Jay Duenwald, Hoven

District No. 24  Hughes, Stanley and Sully Counties
                Patricia de Hueck, Pierre

District No. 25  Hanson, McCook and Minnehaha Counties
                Clarence Kooistra, Garretson

District No. 26  Bennett, Haakon, Jackson, Jones, Lyman, Mellette and Tripp Counties
                 John Koskan, Wood

District No. 28  Butte, Corson, Dewey, Harding, Meade, Perkins and Ziebach Counties
                 Eric H. Bogue, Dupree

District No. 29  Butte and Meade Counties
                Marguerite Kleven, Sturgis

District No. 30  Custer, Fall River and Pennington Counties
                Drue J. Vitter, Hill City

District No. 31  Lawrence County
                Jerry Apa, Lead

District No. 32  Pennington County
                Arlene Ham, Rapid City


District No. 33  Meade and Pennington Counties
                J.P. Duniphan, Rapid City

District No. 34  Pennington County
                Royal "Mac" McCracken, Rapid City

District No. 35  Pennington County
                William Napoli, Rapid City

    I further certify that the following have been appointed by the Honorable M. Michael Rounds, Governor of the State of South Dakota:

District No. 11 Lincoln and Minnehaha Counties
                Michael V. Jaspers, Sioux Falls, appointed January 10, 2003, to fill the unexpired term of Mitch Richter who will not be taking the oath of office.

District No. 27 Bennett, Shannon and Todd Counties
                Michael S. LaPointe, Mission, appointed January 10, 2003, to fill the unexpired term of Richard "Dick" Hagen who died prior to taking office.

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 17th day of June, 2003.

    (SEAL)

Chris Nelson

Secretary of State

    Roll Call: All members present except Sens. Nachtigal and Symens who were excused.

MOTIONS AND RESOLUTIONS

     Sen. Bogue moved that Sen. Arnold Brown be elected President Pro tempore of the Senate for the Special Session of the Seventy-eighth Legislative Session.

     The question being on Sen. Bogue's motion that Sen. Arnold Brown be elected President Pro tempore of the Senate for the Special Session of the Seventy-eighth Legislative Session.

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Vitter



     Excused:
Nachtigal; Symens

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

     Sen. Bogue moved that Patricia Adam be elected Secretary of the Senate for the Special Session of the Seventy-eighth Legislative Session.

     The question being on Sen. Bogue's motion that Patricia Adam be elected Secretary of the Senate for the Special Session of the Seventy-eighth Legislative Session.

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Vitter

     Excused:
Nachtigal; Symens

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

    President Pro tempore Brown appointed the following employees for the Special Session of the Seventy-eighth Legislative Session:

    First Assistant to the Secretary: Trudy Evenstad
    Second Assistant to the Secretary: Joan Johnson
    Sergeant-at-Arms: Curt Neuharth

    The oath of office was administered to the following officers and employees by the Honorable Steven Zinter, Justice of the Supreme Court of the State of South Dakota, and the same were subscribed to and placed on file in the office of the Secretary of State:

    President Pro tempore: Arnold M. Brown
    Secretary of the Senate: Patricia Adam
    First Assistant to the Secretary: Trudy Evenstad
    Second Assistant to the Secretary: Joan Johnson
    Sergeant-at-Arms: Curt Neuharth



    Sen. Bogue moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House relative to the Joint Rules for the two houses for the Special Session of the Seventy-eighth Legislative Session.

    Which motion prevailed and the President appointed Sens. Bogue, Brown, and Moore.

    Sen. Bogue moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House for the purpose of fixing the compensation of the elective and appointive officers and employees of the Senate and House for the Special Session of the Seventy-eighth Legislative Session, pursuant to SDCL 2-5-8, with the full power to act, and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

    Which motion prevailed and the President appointed as such committee Sens. Brown, Bogue, and Moore.

    Sen. Bogue moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House for the purpose of fixing the time of adjournment sine die for the Special Session of the Seventy-eighth Legislative Session.

    Which motion prevailed and the President appointed as such committee Sens. Bogue, Brown, and Moore.

    Sen. Bogue announced the appointment of the following standing committee:

**Denotes Chair
*Denotes Vice-Chair

STATE AFFAIRS (9)

    **Bogue, * Diedrich (Larry), Duniphan, Knudson, McCracken, Olson (Ed), Vitter, Sutton (Dan), Symens

     Sen. Bogue moved that Sen. Moore be appointed to the Senate State Affairs committee in place of Sen. Symens.

     Which motion prevailed.


REPORTS OF JOINT-SELECT COMMITTEES


MR. PRESIDENT:

    Your Joint-Select Committee appointed on joint rules respectfully reports that it has had under consideration the joint rules and recommends that the joint rules of the Seventy-eighth Legislative Session be adopted with the following exceptions:

    Whereas Article III, Section 9 of the South Dakota Constitution provides that the Legislature shall determine the rules of its proceedings, your Joint-Select Committee appointed for the purpose of preparing rules for the Special Session respectfully reports that the rules of the regular session of the Seventy-eighth Legislative Session be made the rules of the Senate and House during the Special Session with the following exceptions and that such printing of the rules in the journal be dispensed with:

    Special Rule No. 1: Notwithstanding any other rule, the presiding officer may dispense with the referral of a bill or resolution to a standing committee and refer a bill or resolution to a special committee. All bills or resolutions referred to a special committee may be reported out at any time and immediately acted upon by the members and considered for a second reading.

    Special Rule No. 2: None of the deadlines in regard to bill or resolution introduction and hearing shall apply to the Special Session. The Governor, with committee sponsorship, or any legislator may introduce, at any time during this Special Session, any bill or resolution germane to the proclamation.

    Special Rule No. 3: The presiding officers of the House and the Senate may appoint the officers and employees for the respective bodies as they deem necessary to carry out the activities of the respective houses.

    Special Rule No. 4: All restrictions dealing with legislative counsel or agents entering the floor of the House or Senate shall be suspended during this Special Session and access to the floor of the House and Senate shall be governed by decisions of the presiding officer.

    Special Rule No. 5: No rules dealing with a call of the house shall apply to the Special Session, except that the attendance of any member who has answered the initial roll call each day may be compelled by the presiding officer.

    Special Rule No. 6: No rules, including, but not limited to, Rule 5-17 and Rule 7-7, dealing with required delivery of bills and placement of bills or resolutions on the calendar, shall apply to the Special Session; and the placement of bills or resolutions on the calendar for second reading shall be determined by a majority vote of the members-present.

    Special Rule No. 7: Rules dealing with the order of business shall prevail, provided, however, that the order of business may be changed by a majority vote of the members-elect, thereby bringing up any item of action by such vote. The proclamation calling the Legislature into Special Session shall govern the consideration of all bills and resolutions and the body shall determine the germaneness of a given bill and resolution to the proclamation.



    Special Rule No. 8: Rules dealing with fiscal notes shall not apply to the Special Session.

    Special Rule No. 9: No rules dealing with the printing and distribution of bills or resolutions shall apply to the Special Session, and the Legislative Research Council and Secretary of State shall provide photocopies of bills introduced to the public and legislative agents.

    Special Rule No. 10: At the conclusion of the Special Session, the Chief Clerk of the House and the Secretary of the Senate shall review the journal prepared and make the necessary corrections and provide the contract printer with the corrected journal for distribution to those who subscribed to journals during the regular Seventy-eighth Legislative Session.

    Special Rule No. 11: Notwithstanding Joint Rule 11-1, House Rule H4-1, and Senate Rule S5-1, a majority of the members-elect of either house may suspend, adopt, or amend any of the rules.

Respectfully submitted,     Respectfully submitted,
Matthew Michels    Eric Bogue    
Bill Peterson    Arnold Brown
Mel Olson    Garry Moore
House Committee    Senate Committee

Also MR. PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Special Session of the Seventy-eighth Legislative Session, pursuant to SDCL 2-5-8, respectfully reports that a salary schedule for the elective and appointive officers and employees has been developed and filed with the Director of the Legislative Research Council and the State Auditor.

Respectfully submitted,    Respectfully submitted,
Matthew Michels    Arnold Brown
Bill Peterson    Eric Bogue
Mel Olson    Garry Moore
House Committee    Senate Committee

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

     Sen. Bogue moved that the report of the Joint-Select Committee relative to the joint rules for the two houses for the Special Session of the Seventy-eighth Legislative Session be adopted.

     The question being on Sen. Bogue's motion that the report of the Joint-Select Committee relative to the joint rules for the two houses for the Special Session of the Seventy-eighth Legislative Session be adopted.


     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Vitter

     Excused:
Nachtigal; Symens

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

     Sen. Brown moved that the report of the Joint-Select Committee relative to the fixing of compensation of the elective and appointive officers and employees of the Senate and the House for the Special Session of the Seventy-eighth Legislative Session be adopted.

     The question being on Sen. Brown's motion that the report of the Joint-Select Committee relative to the fixing of compensation of the elective and appointive officers and employees of the Senate and the House for the Special Session of the Seventy-eighth Legislative Session be adopted.

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Vitter

     Excused:
Apa; Nachtigal; Symens

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.


MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House is now in session and has been duly organized by the election of the following officers: Speaker of the House, Matthew Michels; Speaker Pro Tempore, Christopher Madsen; and Chief Clerk of the House, Karen Gerdes.


Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Michels, Bill Peterson, and Mel Olson as a committee of three on the part of the House to meet with a like committee on the part of the Senate relative to the joint rules for the Special Session of the Seventy-eighth Legislative Session.


Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Michels, Bill Peterson, and Mel Olson as a committee of three on the part of the House to meet with a like committee on the part of the Senate to fix the compensation of the elective and appointive officers and employees of the House and Senate for the Special Session of the Seventy-eighth Legislative Session.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Michels, Bill Peterson, and Mel Olson as a committee of three on the part of the House to meet with a like committee on the part of the Senate to fix the time of adjournment sine die of the Special Session of the Seventy-eighth Legislative Session.

Also MR. PRESIDENT:

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

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to fixing compensation of the elective and appointive

officers and employees of the House and Senate for the Special Session of the Seventy-eighth Legislative Session.

Respectfully,
Karen Gerdes, Chief Clerk

     Sen. Bogue moved that the Senate do now recess to hear the address of Governor M. Michael Rounds regarding risk pool health insurance and to reconvene following the Governor's message, which motion prevailed and at 10:35 a.m., the Senate recessed.

RECESS

     The Senate reconvened at 11:47 a.m., the President presiding.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 1   Introduced by:  Senators Bogue, Brown, McCracken, Moore, and Sutton (Dan) and Representatives Peterson (Bill), Burg, Madsen, Michels, Olson (Mel), and Rhoden

       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 and referred to the Committee on State Affairs.

     SB 2   Introduced by:  Senators Bogue, Brown, McCracken, Moore, and Sutton (Dan) and Representatives Peterson (Bill), Burg, Madsen, Michels, Olson (Mel), and Rhoden

       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 and referred to the Committee on State Affairs.

     Sen. Bogue moved that the Senate do now recess until 3:00 p.m., which motion prevailed and at 11:49 a.m., the Senate recessed.

RECESS

     The Senate reconvened at 3:00 p.m., the President presiding.



     Sen. Koskan moved that the Senate do now recess until 4:00 p.m., which motion prevailed and at 3:02 p.m., the Senate recessed.

RECESS

     The Senate reconvened at 4:00 p.m., President Pro tempore Brown presiding.

     Sen. Ham moved that the Senate do now recess until 4:15 p.m., which motion prevailed and at 4:04 p.m., the Senate recessed.

RECESS

     The Senate reconvened at 4:15 p.m., the President presiding.

     Sen. Brown moved that the Senate do now recess until 5:00 p.m., which motion prevailed and at 4:24 p.m., the Senate recessed.

RECESS

     The Senate reconvened at 5:00 p.m., the President presiding.

     Sen. Bogue moved that the Senate do now recess until 6:45 p.m., which motion prevailed and at 5:25 p.m., the Senate recessed.

RECESS

     The Senate reconvened at 6:45 p.m., the President presiding.

    President Pro tempore Brown appointed the following employees for the Special Session of the Seventy-eighth Legislative Session:

    Interns: Cody Byrum and Garrett Bruening

    Pages: Jessica Page and Sara Daugaard

    The oath of office was administered to the following employees by President Daugaard and the same were subscribed to and placed on file in the office of the Secretary of State:

    Interns: Cody Byrum and Garrett Bruening

    Pages: Jessica Page and Sara Daugaard



MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1001 which has passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  1 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 2 and returns the same with the recommendation that said bill be amended as follows:

2ja

     On page 2, line 24 of the printed bill, after " pool " insert ". Such contract with an administrator shall be designed to become effective".

     On page 3 , line 4, after " members " insert ", one of which shall be an employee,".

     On page 4 , after line 1, insert:

    "The board shall file a report with the Legislature each year on or before January first, which shall include information regarding the operation of the risk pool, such as assessments, numbers of enrollees, claims, expenses, and premiums."


     On page 4 , line 7, after " of " insert "this".

     On page 5 , line 9, after " claim " insert "to the risk pool".

     On page 5 , line 21, before " Any " insert "An enrollee shall notify any health care provider or any provider of pharmacy goods or services prior to receiving goods or services or as soon as reasonably possible that the enrollee is qualified to receive comprehensive coverage under the risk pool."

     On page 5 , line 21, after " provider " insert "or provider of pharmacy goods or services".

     On page 5 , line 23, after " Each " insert "health care".

     On page 6 , line 1, after " delivered. " insert "Each provider of pharmacy goods or services shall be reimbursed at one hundred fifteen percent of South Dakota's medicaid reimbursement for any goods or services provided."

     On page 6 , line 6, after " coverage. " insert "However, the provider may bill the enrollee for noncovered services."

     On page 6 , line 7, delete " director " and insert "board".

     On page 6 , line 9, delete " director " and insert "board".

     On page 6 , line 10, delete " the board and " .

     On page 7 , line 3, delete " may not be more than " and insert "shall be".

     On page 7 , line 5, delete " insurance policies " and insert "benefit plans".

     On page 7 , line 18, delete " premiums " and insert "assessments".

     On page 8 , line 9, delete " insurance policies " and insert "benefit plans".

     On page 11 , line 16, delete " coverage equivalent to a plan " and insert "creditable coverage as defined in §  58-17-69".

     On page 11 , line 17, delete " created by this Act " .

     On page 12 , line 1, after " government, " insert "TRICARE,".

     On page 12 , line 20, after " provide " insert "individual".

2rb

     On page 12, line 18 of the printed bill, after " aggrieved by " insert "a determination or administrative action made pursuant to".

2rc

     On page 3, line 7 of the printed bill, after " employers " insert "as well as one state senator appointed by the president pro tempore of the Senate and one state representative appointed by the speaker of the House of Representatives".

     On page 3 , line 7, after " appoint the " insert "nonlegislative".


2ff

     On page 3, line 6 of the printed bill, after " facilities, " insert "self-insurers,".

2jl

     On page 7, line 17 of the printed bill, delete " until July 2005 " .

2fj

     On page 16, line 14 of the printed bill, delete " may " and insert " shall ".

2jn

     On page 2 , line 22 of the printed bill, after " Health, " insert "and".

     On page 2, line 22, delete " , and other agencies as " and insert "and two other persons appointed".

     On page 2 , line 23, delete " determined " .

2ri

     On page 9, line 7 of the printed bill, delete " director " and insert "board".

     On page 9 , line 8, delete " director " and insert "board".

     On page 9 , line 9, delete " director " and insert "board".

     On page 9 , line 14, delete " abatement or " .

     On page 9 , line 15, delete " for four years " .

     And that as so amended said bill do pass.

Respectfully submitted,
Eric H. Bogue, Chair

CONSIDERATION OF REPORTS OF COMMITTEES

     Sen. Bogue moved that the report of the Standing Committee on

     State Affairs on SB 2 as found on page 13 of the Senate Journal be adopted.


     Which motion prevailed and the report was adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 3   Introduced by:  Senators Kloucek, Dennert, Koetzle, Moore, and Reedy and Representatives Lange, Bradford, Gassman, and Sigdestad

       FOR AN ACT ENTITLED, An Act to   establish a comprehensive health association to provide health insurance coverage to eligible persons, to provide an appropriation therefor, and to declare an emergency.

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

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.

2ma

     Sen. Kloucek moved that SB 2 be further amended as follows:

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

    "Section 1. Terms used in this Act mean:

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

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

             (3)    "Carrier," any person that provides health insurance in the state, including an insurance company, a prepaid hospital or medical service plan, a health maintenance organization, a multiple employer welfare arrangement, a carrier providing excess or stop loss coverage to a self funded employer, and any other entity providing a plan of health insurance or health benefits subject to state insurance regulation. The term, carrier, does not include health insurance for coverages that are not health benefit plans issued by insurance companies, prepaid hospital or medical service plans, or health maintenance organizations. The term, carrier, includes any health benefit plan issued through an association or trust. The term, health benefit plan, as used in this Act is as defined in subdivision 58-17-66(9);

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

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

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

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

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

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

             (10)    "Policy," any contract, policy, or plan of health insurance;

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

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

     Section 3. The board of directors of the association shall consist of nine individuals who are representative of categories of members of the association, health care providers, consumers who have purchased or are likely to purchase coverage from the association, insurance producers, small employers, and the director, who shall be a nonvoting ex-officio member. In the initial and in each successor board, three members shall be representative of and elected by qualified writers of group health insurance, two members shall be representative of and elected by qualified writers of individual health insurance, one member shall be representative of the health care provider community and shall be appointed by the director, one member shall be representative of consumers covered through the high risk pool and shall be appointed by the director, one member shall be a representative of insurance producers and shall be appointed by the director, and one member shall be a representative of small employers and shall be appointed by the director. There shall be no more than one member representing any one qualified writer or its affiliate.

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

     Section 4. The board shall submit to the director a proposed plan of operation for the association and any amendments necessary or suitable to assure the fair, reasonable, and equitable administration of the association. If the board fails to submit a proposed plan of operation within one hundred eighty days after the appointment of the board of directors, or if at any later time the board fails to submit suitable amendments to the plan, the director shall proceed with the rule-making process as required by this section. The plan of operation, whether based upon a proposal from the board or the director, shall be established by rules promulgated pursuant to chapter 1-26 and shall consider whether the proposed plan of operation is suitable to assure the fair, reasonable, and equitable administration of the association, and provides for the sharing of association losses, if any, on an equitable and proportionate basis among the member carriers. In addition to other requirements, the plan of operation shall provide for all of the following:

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

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

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

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

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

             (6)    Procedures for assessing the members in proportion to the number of persons they cover through primary, excess, and stop loss insurance in this state;

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

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

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

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

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

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

             (3)    Borrow money to effectuate the purposes of this Act;

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

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

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

             (7)    Pool risks among members;

             (8)    Issue association policies on an indemnity, network, or provision of service basis and may design, utilize, contract, or otherwise arrange for the delivery of cost effective health care services, including establishing or contracting with preferred provider organizations, health maintenance organizations, and other limited network provider arrangements in providing the coverage required by this Act;

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

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

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

             (12)    Hire independent consultants as necessary;

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

     Section 7. The board of directors shall select a plan administrator based on criteria established by the board which shall include:

             (1)    The plan administrator's proven ability to handle health insurance coverage to individuals;

             (2)    The efficiency and timeliness of the plan administrator's claim processing procedures;

             (3)    An estimate of total charges for administering the plan;

             (4)    The plan administrator's ability to apply effective cost containment programs and procedures and to administer the plan in a cost efficient manner; and

             (5)    The financial condition and stability of the plan administrator.

     Section 8. The plan administrator shall serve for a period specified in the contract between the plan and the plan administrator subject to removal for cause and subject to any terms, conditions, and limitations of the contract between the plan and the plan administrator. At least one year prior to the expiration of each period of service by a plan administrator, the board shall invite eligible entities, including the current plan administrator to submit bids to serve as the plan administrator. Selection of the plan administrator for the succeeding period shall be made at least six months prior to the end of the current period. The plan administrator shall perform such functions relating to the plan as may be assigned to it, including:

             (1)    Determination of eligibility;

             (2)    Payment of claims;

             (3)    Establishment of a premium billing procedure for collection of premium from persons covered under the plan; and

             (4)    Other necessary functions to assure timely payment of benefits to covered persons under the plan.

     The plan administrator shall submit regular reports to the board regarding the operation of the plan. The frequency, content, and form of the report shall be specified in the contract between the board and the plan administrator. Following the close of each calendar year, the plan administrator shall determine net written and earned premiums, the expense of administration, and the paid and incurred losses for the year and report this information to the board and the division on a form prescribed by the director. The plan administrator shall be paid as provided in the contract between the plan and the plan administrator.

     Section 9. Rates for coverages issued by the association may not be unreasonable in relation to the benefits provided, the risk experience, and the reasonable expenses of providing coverage. Case characteristics as allowed pursuant to §  58-17-74 may be used in establishing rates for those insured through the association. Rates shall take into consideration the extra morbidity and administration expenses, if any, for risks insured in the association. The rates for a given classification for those that qualify for coverage pursuant to §  58-17-85 or whose coverage immediately prior to coverage through the association was a policy issued pursuant to §  58-17- 85 may not be more than one hundred fifty percent of the average in-force premium or payment

rate for that classification charged by the three carriers with the largest individual health insurance premium or payment volume in the state during the preceding calendar year. In determining the average rate of the three largest individual health carriers, the rates or payments charged by the carriers shall be actuarially adjusted to determine the rate or payment that would have been charged for benefits similar to those issued by the association.

     Section 10. Following the close of each calendar year, the board shall determine the net premiums and payments, the expenses of administration, and the incurred losses of the association for the year. The board shall certify the amount of any net loss for the preceding calendar year. In sharing losses, the board may abate or defer in any part the assessment of a member, if, in the opinion of the board, payment of the assessment would endanger the ability of the member to fulfill its contractual obligations. The board may also provide for an initial or interim assessment against members of the association if necessary to assure the financial capability of the association to meet the incurred or estimated claims expenses or operating expenses of the association until the next calendar year is completed. Net gains shall be held at interest to offset future losses or allocated to reduce future premiums.

     Assessment of health carriers and excess or stop loss carriers shall be based upon the number of persons they cover through primary, excess, and stop loss insurance in this state and shall be as follows:

             (1)    For the purposes of this section, the term, participating carrier, includes all carriers as defined in section 1 of this Act;

             (2)    In addition to the powers enumerated in this Act, the board, on behalf and under the direction of the director may assess participating carriers in accordance with the provisions of this section, and make advance interim assessments as may be reasonable and necessary for the association's organizational and interim operating expenses;

             (3)    Following the close of each fiscal year, the administrator shall determine the net premiums (premiums less reasonable administrative expense allowances), the expenses of administration, and the incurred losses for the year, taking into account investment income and other appropriate gains and losses. The deficit incurred by the association shall be recouped by assessments apportioned under this section by the board among participating carriers and from other sources as may be allowed under law;

             (4)    Each participating carrier's assessment shall be determined by multiplying the total assessment of all participating carriers as determined in subdivision (2) by a fraction, the numerator of which equals the number of individuals in this state covered under health insurance policies, including by way of excess or stop loss coverage, by each participating carrier, and the denominator of which equals the total number of all individuals in this state covered under health insurance policies, including by way of excess or stop loss coverage, by all participating carriers, all determined as of the end of the prior calendar year;

             (5)    The board shall make reasonable efforts designed to ensure that each insured individual is counted only once with respect to any assessment. For that purpose, the board shall require each participating carrier that obtains excess or stop loss insurance to include in its count of insured individuals all individuals whose coverage is reinsured, including by way of excess or stop loss coverage, in whole or part. The board shall allow a participating carrier who is an excess or stop loss carrier to exclude from its number of insured individuals those who have been counted by the primary carrier or by the primary reinsurer or primary excess or stop loss carrier for the purpose of determining its assessment under this section;

             (6)    Each participating carrier's assessment shall be determined by the board based on annual statements and other reports deemed to be necessary by the board and filed by the participating carrier with the board. The board may use any reasonable method of estimating the number of insureds of a participating carrier if the specific number is unknown. With respect to participating carriers that are excess or stop loss carriers, the board may use any reasonable method of estimating the number of persons insured by each reinsurer or excess or stop loss carrier;

             (7)    A participating carrier may petition the director for an abatement or deferment of all or part of an assessment imposed by the board. The director may abate or defer, in whole or in part, the assessment if, in the opinion of the director, payment of the assessment would endanger the ability of the participating carrier to fulfill its contractual obligations. If an assessment against a participating carrier is abated or deferred in whole or in part, the amount by which the assessment is abated or deferred may be assessed against the other participating carriers in a manner consistent with the basis for assessments set forth in this section. The participating carrier receiving such abatement or deferment shall remain liable to the association for the deficiency for four years.

     The amount appropriated in section 33 of this Act shall be used for the establishment and operation of the association prior to making any assessment of participating carriers and any available federal funding for the establishment or operation of the association shall be used to the extent possible prior to making any assessment of participating carriers. Assessments made of any carrier shall be allowed as a credit on the premium tax return of that carrier.

     Section 11. The association shall conduct periodic audits to assure the general accuracy of the financial data submitted to the association, and the association shall have an annual audit of its operations made by an independent certified public accountant.

     Section 12. The association and the board are subject to examination by the director. Not later than April thirtieth of each year, the board of directors shall submit to the director a financial report for the preceding calendar year in a form approved by the director.

     Section 13. Any policy form issued by the association shall be filed with and approved by the director before its use.

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



     Section 15. If the association policy contains a network feature, the negotiated fee will be the limit of the amount paid and the provider shall be subject to subdivision 58-17C-14(2) for any amounts due from the individual insured. The benefits to be contained in the association policy shall be established by the board and be subject to the approval of the director. The association policy shall be designed to provide comprehensive coverage consistent with major medical coverage currently being offered in the individual health insurance market. The coverage and benefits for association policies may not be altered by any other state law without specific reference to this Act indicating a legislative intent to add or delete from the coverage provided pursuant to this Act. Any association policy shall cover biologically-based mental illnesses on the same basis as other covered illnesses.

     Section 16. The association policy shall include disease management programs that contain cost containment mechanisms. If the insured does not enroll and participate in the applicable cost containment activities, the insured is responsible for fifty percent of the eligible expenses for related services after the deductible is met, and there is no maximum out-of-pocket coinsurance amount.

     Section 17. The association policy shall provide pharmacy benefits. In addition to any other deductibles and coinsurance amounts, the insured shall pay a twenty-five percent coinsurance for each prescription up to the maximum out-of-pocket coinsurance amount of fifteen hundred dollars. If an intervention or cost containment mechanism is refused without a verifiable medical reason, the insured shall pay a fifty percent coinsurance amount and only twenty-five percent of the coinsurance applies toward the maximum out-of-pocket coinsurance amount for pharmacy benefits.

     Section 18. Each association policy shall offer the following plan-year benefit maximums:

             (1)    Thirty days coverage for inpatient alcoholism and substance abuse treatment;

             (2)    Two thousand dollars for outpatient alcoholism and substance abuse treatment; and

             (3)    Nine hundred dollars for up to thirty outpatient mental health visits for qualified conditions that are not biologically-based.

     Section 19. Except as otherwise provided in this Act, a person is not eligible for an association policy if the person, on the effective date of coverage, has or will have coverage as an insured or covered dependent under any insurance plan that has coverage equivalent to an association policy; is eligible for benefits under chapter 28-6 at the time of application; has terminated coverage provided by the association within the past twelve months; is an inmate of any public institution or is eligible for public programs for which medical care is provided; or has his or her premiums paid for or reimbursed under any government sponsored program or by any government agency or health care provider, except as an otherwise qualifying full-time employee, or dependent thereof, of a government agency or health care provider. Coverage under an association policy is in excess of, and may not duplicate, coverage under any other form of health insurance, employee/employer welfare plan, medical coverage under any homeowner's or motorized vehicle insurance, no-fault automobile, service or payment received under the laws of any national, state, or local government, or CHAMPUS. This section does not apply to those persons meeting provisions pursuant to chapter 28-13.

     Association coverage terminates for any person on the date that if such circumstance had been present at the time of application, the person would have been ineligible for association coverage. Association coverage may also be terminated for nonpayment of premiums.

     Section 20. An association policy shall provide that coverage of a dependent unmarried person terminates when the person becomes nineteen years of age or, if the person is enrolled full time in an accredited educational institution, terminates at twenty-five years of age. The policy shall also provide in substance that attainment of the limiting age does not operate to terminate coverage when the person is and continues to be both of the following:

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

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

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

     Section 21. The board may not change the rates for association policies except on a class basis with a clear disclosure in the policy of the board's right to do so and upon approval of the director.

     Section 22. An association policy shall provide that upon the death of the individual in whose name the policy is issued, every other individual then covered under the contract may elect, within a period specified in the policy, to continue coverage under the same or a different policy until such time as the person would have ceased to be entitled to coverage had the individual in whose name the policy was issued lived.

     Section 23. The director shall prescribe the format as prescribed by section 26 of this Act for disclosure by carriers of the availability of insurance coverage from the association.

     Section 24. None of the following may be the basis of any legal civil action, or criminal liability against the board, association, or members of them, either jointly or separately: the participation by carriers or members in the association, the establishment of rates, forms, or procedures for coverage issued by the association, serving or carrying out the functions as a member of the board, or any joint or collective action required by this Act. Any person aggrieved by this Act may request a contested case hearing pursuant to chapter 1-26, which constitutes the person's sole remedy.

     Section 25. Any carrier authorized to provide health care insurance or coverage for health care services in this state shall provide notice and application for coverage under the association for those individuals eligible pursuant to §  58-17-85. An application for health insurance shall be on forms prescribed by the board and made available to the carriers.

     Section 26. That § 58-17-68 be amended to read as follows:



     58-17-68.   For purposes of § §   58-17-66 to 58-17-87, inclusive, the term, professional association plan, means a health benefit plan offered through a professional association that covers members of a professional association and their dependents, and not others, in this state regardless of the situs of delivery of the policy or contract and which meets all the following criteria:

             (1)      Conforms with all the provisions of the rate requirements of § §   58-17-66 to 58-17-87, inclusive;

             (2)      Provides renewability of coverage for the members and dependents of members of the professional association that meets the renewability requirements of § §   58-17-66 to 58-17-87, inclusive;

             (3)      Provides availability of coverage for the members and dependents of members of the professional association in conformance with the provisions of §   58-17-85 without regard to health status ; and

             (4)      Is offered by a carrier that offers health benefit plan coverage to any professional association seeking health benefit plan coverage from the carrier.

     Section 27. That § 58-17-85 be amended to read as follows:

     58-17-85.   If a person has an aggregate of at least twelve eighteen months of creditable coverage and , is a resident of this state, the carrier shall accept such person for coverage under a health benefit plan, which contains benefits which are equal to or exceed the benefits contained in the basic plan that was approved and adopted by rule by the director pursuant to chapter 1-26 and the maximum lifetime maximum benefit of the coverage is not less than one million dollars if the person applies within sixty-three days of the date of losing prior creditable coverage. In addition to the plan which equals or exceeds the basic coverage, the carrier shall also offer to the eligible person, the individual standard plan as approved and adopted by rule by the director or a plan with benefits that exceed the standard plan. No carrier is required to issue further individual health benefit coverage under § §   58-17-68 to 58-17-87, inclusive, if the individual health benefit plans issued to high-risk individuals constitute two percent or more of that carrier's earned premium on an annual basis from individual health benefit plans covered by § §   58-17-66 to 58-17-87, inclusive. Each carrier who meets the two percent earned premium threshold shall report within thirty days to the director in a format prescribed by the director. If the director determines that all carriers in the individual market have met the two percent threshold, the threshold shall, upon order of the director, be expanded an additional two percent. The threshold shall be expanded in additional two percent increments if all carriers in the individual market meet the previous threshold. The director may promulgate rules pursuant to chapter 1-26 to determine which individual policies may be used to determine the two percent threshold, the procedures involved, and the applicable time frames. In making that determination, the director shall develop a method designed to limit the number of high-risk individuals to whom any one carrier may be required to issue coverage. No carrier is required to provide coverage pursuant to this section if and applies within sixty-three days of the date of losing prior creditable coverage and is no longer eligible for that creditable coverage, the person is eligible for coverage under the association policy as provided for in this Act if none of the following apply :



             (1)      The applicant is eligible for continuation of coverage under an employer plan;

             (2)      The applicant's creditable coverage is a conversion plan from an employer group plan; or

             (3)      The person is covered or eligible to be covered under creditable coverage or lost creditable coverage due to nonpayment of premiums ; or

             (4)      The person loses coverage under a short term or limited duration plan .

     Any person who has exhausted continuation rights and who is eligible for conversion or other individual or association coverage has the option of obtaining coverage pursuant to this section or the conversion plan or other coverage. A person who is otherwise eligible for the issuance of coverage pursuant to this section may not be required to show proof that coverage was denied by another carrier.

     For purposes of this section, a carrier may require the association shall require reasonable evidence that the prospective insured is a resident of this state. Factors that the carrier association may consider include a driver's license, voter registration, and where the prospective insured resides.

     Section 28. That § 58-17-86 be repealed.

     58-17-86.   The director shall study and report on or before January 5, 1997, and on or before January fifth of each subsequent year to the Legislature and Governor on the effectiveness of § §   58-17-66 to 58-17-87, inclusive. The report shall analyze the effectiveness of § §   58-17-66 to 58-17-87, inclusive, in promoting rate stability, product availability, and coverage affordability. The report may contain recommendations for actions to improve the overall effectiveness, efficiency, and fairness of the individual health insurance marketplace. The report may contain recommendations for market conduct or other regulatory standards or action.

     Section 29. That § 58-17-80 be repealed.

     58-17-80.   Each carrier shall file with the director annually, on or before March fifteenth, an actuarial certification certifying that the carrier is in compliance with § §   58-17-66 to 58-17-87, inclusive, and that the rating methods of the carrier are actuarially sound. The certification shall be in a form and manner and shall contain such information as may be specified by the director in rules promulgated pursuant to chapter 1-26. A copy of the certification shall be retained by the carrier at its principal place of business.

     Section 30. Effective July 1, 2003, carriers that have continuously and actively marketed individual health benefit plans in this state since July 1, 1996, shall annually, on or before June thirtieth, certify to the director, the earned premiums and paid claims during the preceding calendar year on policies issued pursuant to §  58-17-85. The director shall determine the total amount of losses for the carriers that exceed ninety percent of earned premiums on such policies during the preceding year and shall certify this amount which shall be added to the losses to be assessed against members of the association as prescribed by section 10 of this Act. The board shall assess all member carriers of the association for the certified losses on the same basis as

assessments would be made for other losses incurred by the association for the same period. Upon collection of these assessments from member carriers, the association shall reimburse each individual carrier who qualified under the provisions of this section and who had losses in excess of ninety percent of earned premiums certified by the director. The reimbursement for each qualified carrier shall be in an amount equal to that carrier's actual losses in excess of ninety percent of earned premiums for the reporting period.

     Section 31. Carriers who discontinued actively marketing individual health benefit plans in this state after July 1, 1996, and have current policies issued pursuant to § §  58-17-66 to 58-17- 87, inclusive, are eligible to receive reimbursement pursuant to section 30 of this Act if these conditions are met:

             (1)    The carrier re-enters the individual health benefit plan market in this state no later than July 1, 2005;

             (2)    The carrier has actively and continuously marketed individual health benefit plans for a period of twenty-four months from the date of re-entry; and

             (3)    The carrier is actively marketing individual health benefit plans at the time the pooling is calculated.

     Section 32. That § 58-17-82 be amended to read as follows:

     58-17-82.   An individual health benefit plan subject to § §   58-17-66 to 58-17-87, inclusive, is renewable with respect to any person or dependent at the option of the person, except in any of the following cases:

             (1)      The individual has failed to pay premiums or contributions in accordance with the terms of the health insurance coverage or the insurer has not received timely premium payments;

             (2)      Fraud or intentional misrepresentation of material fact by the person;

             (3)      In the case of a health insurance issuer that offers health insurance coverage in the market through a network plan, there are no longer any enrollees in connection with the plan who live, reside, or work in the service area of the issuer or in the area for which the issuer is authorized to do business and the issuer would deny enrollment with respect to the plan as provided for in §   58-18B-37;

             (4)      Election by the carrier not to renew all of its individual health benefit plans delivered or issued for delivery to persons in the state. In such a case, the carrier shall provide advance notice of its decision under this subdivision to the director in each state in which it is licensed and provide notice of the decision not to renew coverage to all affected individuals and to the director in each state in which an affected insured individual is known to reside at least one hundred eighty days before the nonrenewal of any individual health benefit plans by the carrier. Notice to the director under this subdivision shall be provided at least three working days before the notice to the

affected individuals. In such instances, the director shall assist the affected persons in finding replacement coverage;

             (5)      In the case of health insurance coverage that is made available only through one or more bona fide associations, the membership of an employer in the association (on the basis of which the coverage is provided) ceases but only if the coverage is terminated uniformly without regard to any health status-related factor relating to any covered individual; or

             (6)      The insured individual becomes eligible for medicare coverage under Title XVIII of the Social Security Act, unless federal law requires that medicare coverage under Title XVIII be excluded as a reason for renewability of coverage;

             (7)      If the issuer decides to discontinue offering a particular type of individual health insurance offered in the individual market, coverage of such type may be discontinued if:

             (a)      The issuer provides notice to each insured provided coverage of this type in such market (and any participant and beneficiary covered under such coverage) of the discontinuation at least ninety days prior to the date of the discontinuation of the coverage;

             (b)      The issuer offers to each insured provided coverage of this type in such market, the option to purchase all any other health insurance coverage currently being offered by the issuer to an individual health plan in such market; or

             (c)      In exercising the option to discontinue coverage of this type and in offering the option of coverage under subsection (b), the issuer acts uniformly without regard to the claims experience of those insured or any health status-related factor relating to any participant or beneficiary covered or any new participant or beneficiary who may become eligible for such coverage.

     Section 33. There is hereby appropriated from the budget reserve fund the sum of five million dollars ($5,000,000), or so much thereof as may be necessary, to the board of directors of the comprehensive health association for the establishment and operation of the association.

     Section 34. The chair of the board of directors shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 35. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."


     Sen. McCracken moved that Sen. Kloucek's motion to amend SB 2 be laid on the table.



    Sen. Kloucek requested a roll call vote.

    Which request was supported.

     The question being on Sen. McCracken's motion that Sen. Kloucek's motion to amend SB 2 be laid on the table.

     And the roll being called:

     Yeas 27, Nays 6, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Diedrich (Larry); Duenwald; Duniphan; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Knudson; Kooistra; Koskan; LaPointe; McCracken; Napoli; Olson (Ed); Schoenbeck; Sutton (Dan); Sutton (Duane); Vitter

     Nays:
Dennert; Duxbury; Kloucek; Koetzle; Moore; Reedy

     Excused:
Nachtigal; Symens

     So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried.


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

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Vitter

     Excused:
Nachtigal; Symens

     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President 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 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Vitter

     Excused:
Nachtigal; Symens

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

MOTIONS AND RESOLUTIONS

     Sen. Bogue moved that the rules be suspended, that referral and second reading of SB 3 be waived, that SB 3 be up for immediate consideration, and that SB 3 be tabled.

     The question being on Sen. Bogue's motion that the rules be suspended, that referral and second reading of SB 3 be waived, that SB 3 be up for immediate consideration, and that SB 3 be tabled.

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Vitter

     Nays:
Kloucek



     Excused:
Nachtigal; Symens

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     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.

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

     Sen. Bogue moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Friday, June 27, the 2nd legislative day.

     Which motion prevailed.

     Sen. Bogue moved that the Senate do now adjourn, which motion prevailed and at 7:53 p.m. the Senate adjourned.

Patricia Adam, Secretary