JOURNAL OF THE HOUSE

SEVENTY-NINTH SESSION  




TWENTY-FIRST DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, February 10, 2004

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

     The prayer was offered by the Chaplain, Pastor Billy Wilson, followed by the Pledge of Allegiance led by House pages Danny Amundson and Michelle Doerr.

     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 twentieth 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.
COMMUNICATIONS AND PETITIONS

February 10, 2004

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that I have approved House Bills 1005, 1012, 1023, 1024, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1060, 1061, 1063, and 1192, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds

Governor

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1258 and returns the same with the recommendation that said bill be amended as follows:

1258ta
     On page 1 of the printed bill, delete lines 10 to 12 , inclusive, and insert:

"

             (1)    If reasonable suspicion or probable cause exists that a violation of a law that the conservation officer is authorized to enforce has been, is being, or is about to be committed;".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1300 and returns the same with the recommendation that said bill be amended as follows:


1300ta
     On page 1, line 10 of the printed bill, delete " or a person under contract with the owner or lessee " and insert " , or a person who holds a valid aerial hunting permit issued by the department and who is under contract with the owner or lessee , ".

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

Respectfully submitted,
Jim Lintz, Chair

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1281 and returns the same with the recommendation that said bill be amended as follows:

1281fa
     On page 1, line 8 of the printed bill, delete " or " .

     On page 1 , line 8, after " district " insert ", township, or any other political subdivison of this state".

     On page 2 , line 6, delete " or leases " .

1281fb
     On page 2, after line 9 of the printed bill, insert:

"      Section 2. That § 13-13-20.4 be amended to read as follows:

     13-13-20.4.   The actual assessed valuation of any property given a reduced valuation pursuant to § §   10-6-35.1, 10-6-35.2, 10-6-35.4, 10-6-35.21, 10-6-35.22, 10-6-35.24, 10-6-35.25, 10-6-54, 10-6-55, 10-6-66, and 10-6-67 shall be used when calculating state aid to education. For any property given a reduced valuation after November 1995, pursuant to § §   10-6-35.1, 10-6-35.2, 10-6-35.4, 10-6-35.21, 10-6-35.22, 10-6-35.24, 10-6-35.25, 10-6-54, 10-6-55, 10-6-66, and 10-6-67 that has not previously received a reduced valuation pursuant to these statutes, the portion of actual assessed valuation of the property used when calculating state aid to education shall be twenty percent in the first year, forty percent in the second year, sixty percent in the third year, eighty percent in the fourth year, and one hundred percent each year thereafter. In addition, the actual assessed valuation of any property given exempt status pursuant to section 1 of this Act shall be used when calculating state aid to education.

     Section 3. That § 10-12-44 be amended to read as follows:

     10-12-44.   The county auditor in each school district shall raise additional revenue, for the general fund and special education funds, from property taxes to compensate for tax abatement, tax increment financing district, or discretionary formula as follows:


             (1)      For tax incremental districts created pursuant to chapter 11-9 and formed after December 31, 1994, the county auditor shall levy an additional tax levy for an amount not to exceed an amount equal to the sum of the levies in § §   10-12-42 and 13-37-16 times the tax increment valuation as defined in §   11-9-1;

             (2)      For property subject to §   10-6-35.2, 10-6-35.12, 10-6-35.24, 10-6-35.25, 10-6-54, 10-6-55, or 10-6-67 the county auditor shall levy an additional tax levy for an amount not to exceed the amount of taxes that were not collected due to the reduction in valuation based on the maximum levies pursuant to § §   10-12-42 and 13-37-16;

             (3)      For abated taxes the county auditor shall levy an additional tax levy for an amount not to exceed the amount of the school district's portion of the taxes that were abated pursuant to chapter 10-18 during the previous tax year ;

             (4)    For properties given exempt status pursuant to section 1 of this Act .

     The levies in this section are not subject to the referendum provision of §   10-12-43 and these levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies pursuant to §   10-12-42. ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1283 and returns the same with the recommendation that said bill be amended as follows:

1283fa
     On page 1, line 9 of the printed bill, delete everything after " . " .

     On page 1 , delete lines 10 to 12 , inclusive.

     On page 2 , line 3, delete everything after " . " .

     On page 2 , delete lines 4 to 6 , inclusive.

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1021, 1219, 1255, 1257, 1302, and 1306 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Hal Wick, Chair


Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 30, 35, and 36 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 Commerce respectfully reports that it has had under consideration HB 1185 and returns the same with the recommendation that said bill be amended as follows:

1185ja
     On page 1 of the printed bill, delete line 15 , and insert "However, mere inefficiency, unsatisfactory conduct, failure to perform as the result of".

     On page 2 , remove the overstrikes from line 1 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 34 and returns the same with the recommendation that said bill be amended as follows:

34ja
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 58-17 be amended by adding thereto a NEW SECTION to read as follows:

     Any health carrier with any in force individual health benefit plan issued in accordance with §  58-17-85 prior to August 1, 2003, shall offer, at the option of the insured, additional deductible options of the following:

             (1)    One thousand dollars with a four thousand dollar out-of-pocket coinsurance maximum;

             (2)    Three thousand dollars with a two thousand dollar out-of-pocket coinsurance maximum;

             (3)    Five thousand dollars with no coinsurance; and

             (4)    Ten thousand dollars with a twelve thousand two hundred fifty dollar out-of-pocket maximum, including the deductible.

     Any additional deductible option, with the exception of the five thousand dollar option, shall require that the insured be responsible for a twenty-five percent coinsurance. The premium rates for these benefit plans shall be adjusted based upon the actuarial difference in benefits.

     Section 2. 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."


34jta
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "require health carriers to offer certain deductible options for certain health benefit plans and to declare an emergency.".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration SB 25 and returns the same with the recommendation that said bill be amended as follows:

25ja
     On page 1, line 9 of the printed bill, after " policy " insert " that has been in effect for less than sixty days ".

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

Also MR. SPEAKER:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1232 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Claire B. Konold, Chair

Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 74 and 132 and returns the same with the recommendation that said bills do pass.


Also MR. SPEAKER:

    The Committee on Local Government respectfully reports that it has had under consideration SB 134 and 160 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 Local Government respectfully reports that it has had under consideration SB 72 and returns the same with the recommendation that said bill be amended as follows:

72ja
     On page 1, after line 9 of the printed bill, insert:

"      Section 2. 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.".


72jta
     On page 1, line 2 of the printed bill, after " adoption " insert "and to declare an emergency".

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

Respectfully submitted,
Casey Murschel, Vice Chair

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1173 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1152 and returns the same with the recommendation that said bill be amended as follows:

1152ma
     On page 2 of the printed bill, delete lines 7 to 9 , inclusive, and insert:

"
     Section 2. There is hereby appropriated from the state general fund the sum of seven million twenty thousand five hundred dollars ($7,020,500) to the Office of the Attorney General and one

million one hundred forty-four thousand five hundred dollars ($1,144,500) to the Department of Public Safety for the purposes of this Act.".


     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1200 and returns the same with the recommendation that said bill be amended as follows:

1200ra
     On page 3 of the House State Affairs Committee engrossed bill, delete line 24 .

     On page 4 , delete lines 1 to 9 , inclusive.

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1218 and returns the same with the recommendation that said bill be amended as follows:

1218ja
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. The earnings form the education enhancement trust fund created in S.D. Const., Art. XII, §  6, pursuant to §  4-5-29.2, once the earnings are transferred to the general fund in FY2005, are hereby directed to be spent in the following manner:

    (1)    Department of Health,
            Tobacco Prevention Education

$3,750,000

    (2)    Unallocated amount

$10,571,513

$14,321,513"


1218ma
     Delete the previously adopted amendment (1218ja).

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

"      Section 1. The earnings form the education enhancement trust fund created in S.D. Const., Art. XII, §  6, pursuant to §  4-5-29.2, once the earnings are transferred to the general fund in FY2005, are hereby directed to be spent in the following manner:


    (1)    Department of Health,
            Tobacco Prevention Education
$1,000,000

    (2)    Unallocated amount

$13,321,513

$14,321,513"


1218mb
     After the previously adopted amendment (1218ma) insert:

"      Section 2. That § 34-46-11 be amended to read as follows:

     34-46-11.   The Department of Health shall submit an annual report to the Governor and the Legislature not later than October first of each year . The annual report shall detail the progress toward meeting program goals and objectives, including reporting on changes in tobacco consumption, tobacco use rates, and attitudes towards tobacco, especially among children and other high risk populations ; the name and location of organizations receiving grant or contract awards, the amount and duration of such awards and their purpose; and total program spending and sources of funding for the prior fiscal year within each program area outlined in §  34-46-10. The secretary shall make the report available electronically by posting such report on the Department of Health's website not later than thirty days after the report is submitted to the Governor and the Legislature .


1218mta
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "direct the expenditure of education enhancement trust fund earnings and direct the Department of Health to report to the Legislature.".

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1223 and returns the same with the recommendation that said bill be amended as follows:

1223za
     On page 1, line 4 of the House State Affairs Committee engrossed bill, delete " form " and insert "from".

     On page 1 , after line 10, insert:

"    (3)    Department of Education,
            Postsecondary Vocational Education

$800,000".


     On page 2 , line 1, delete " (3) " and insert "(4)".

     On page 2 , line 3, delete " (4) " and insert "(5)".

     On page 2 , line 3, delete " $2,355,736 " and insert "$1,555,736".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1285 and returns the same with the recommendation that said bill be amended as follows:

1285ma
     On page 1 of the House Commerce Committee engrossed bill, delete lines 13 to 15 , inclusive.

     On page 2 , delete lines 1 to 4 , inclusive.

1285mta
     On page 1, line 1 of the House Commerce Committee engrossed bill, delete " appropriate money to fund the increases in " and insert "affect the".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1308 and returns the same with the recommendation that said bill be amended as follows:

1308ob
     On page 1, line 4 of the printed bill, delete " food tax " and insert "sales tax on food".

     On page 1 , line 8, delete " food tax " and insert "sales tax on food".

     On page 4 , line 12, delete " food tax " and insert "sales tax on food".

     On page 4 , line 13, delete " food tax to " and insert "sales tax on food".

     On page 4 , line 14, delete " be " .

     On page 4 , line 15, delete " food tax " and insert "sales tax on food".

     On page 5 , line 3, delete " tax " .

     On page 5 , line 6, delete " food tax " and insert "debit".

1308oc
     On page 2, line 16 of the printed bill, delete " soft " .

     On page 2 , line 17, delete " drinks, candy, " .

     On page 3 , delete lines 1 to 4 , inclusive, and insert:

"

     "Prepared food," any food sold in a heated state or heated by the seller. The term, prepared food, does not include:

             (a)    Two or more food ingredients mixed or combined by the seller for sale as a single item;

             (b)    Food that is only".

     On page 3 , line 16, delete " soft " .

     On page 3 , line 17, delete " drinks, candy, " .

     On page 4 , delete lines 1 to 4 , inclusive, and insert:

"

     "Prepared food," any food sold in a heated state or heated by the seller. The term, prepared food, does not include:

             (a)    Two or more food ingredients mixed or combined by the seller for sale as a single item;

             (b)    Food that is only".

1308ota
     On page 1, line 1 of the printed bill, delete " food tax " and insert "sales tax on food".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1155 and 1244 which were deferred to the 36th Legislative Day.

Respectfully submitted,
J.E. "Jim" Putnam, Chair
Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1150 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB 1307 and returns the same with the recommendation that said bill be amended as follows:

1307oa
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 13-13-10.1 be amended to read as follows:

     13-13-10.1.   Terms used in this chapter mean:

             (1)      "Average daily membership," the average number of resident and nonresident kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year, minus average number of pupils for whom the district receives tuition, except pupils described in subdivision (1A) and pupils for whom tuition is being paid pursuant to §   13-28-42 and plus the average number of pupils for whom the district pays tuition;

             (1A)      Nonresident students who are in the care and custody of the Department of Social Services, the Unified Judicial System, the Department of Corrections, or other state agencies and are attending a public school may be included in the average daily membership of the receiving district when enrolled in the receiving district. When counting a student who meets these criteria in its general enrollment average daily membership, the receiving district may begin the enrollment on the first day of attendance. The district of residence prior to the custodial transfer may not include students who meet these criteria in its general enrollment average daily membership after the student ceases to attend school in the resident district;

             (2)      "Adjusted average daily membership," calculated as follows for all districts except those defined in subdivision (2A) :

             (a)      For districts with an average daily membership of two hundred or less, multiply 1.2 times the average daily membership;

             (b)      For districts with an average daily membership of less than six hundred, but greater than two hundred, raise the average daily membership to the 0.8293 power and multiply the result times 2.98;

             (c)      For districts with an average daily membership of six hundred or more, multiply 1.0 times their average daily membership;

             (2A)    "Adjusted average daily membership," calculated as follows for districts larger than three hundred square miles and that serve grades kindergarten through twelfth grade:
             (a)      For districts with an average daily membership of one hundred thirty or less, multiply 1.3 times the average daily membership;

             (b)      For districts with an average daily membership of less than six hundred, but greater than two hundred, raise the average daily membership to the 0.8284523 power and multiply the result times 2.9963;

             (c)      For districts with an average daily membership of six hundred or more, multiply 1.0 times their average daily membership;

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

             (4)      "Per student allocation," for school fiscal year 2004 is $3,967.88. Each school fiscal year thereafter, the per student allocation is the previous fiscal year's per student allocation increased by the index factor;

             (5)      "Local need," the per student allocation multiplied by the adjusted average daily membership;

             (6)      "Local effort," the amount of ad valorem taxes generated in a school fiscal year by applying the levies established pursuant to §   10-12-42;

             (7)      "General fund balance," the unreserved fund balance of the general fund, less general fund exclusions plus, beginning with transfers made in fiscal year 2001, any transfers out of the general fund for the previous school fiscal year;

             (8)      "General fund balance percentage," is a school district's general fund balance divided by the school district's total general fund expenditures for the previous school fiscal year, the quotient expressed as a percent;

             (9)      "General fund base percentage," is the general fund balance percentage as of June 30, 2000. However, the general fund base percentage can never increase and can never be less than twenty percent;

             (10)      "Allowable general fund balance," the fund base percentage multiplied by the district's general fund expenditures in the previous school fiscal year;

             (11)      "Imputed interest rate," the average prime rate for the preceding fiscal year minus 2.5 percentage points;

             (12)      "General fund exclusions," revenue a school district has received from the imposition of the excess tax levy pursuant to §   10-12-43; revenue a school district has received from gifts, contributions, grants, or donations; revenue a school district has received

under the provisions of § §   13-6-92 to 13-6-96, inclusive; and any revenue in the general fund set aside for a noninsurable judgment. "


1307ca
     On the previously adopted amendment (1307oa), on the second line of (b) in the new subsection 2A, delete " two hundred " and insert " one hundred thirty ".

     And that as so amended said bill do pass.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1178 and tabled the same.

Also MR. SPEAKER:

    The Committee on Education respectfully reports that it has had under consideration HB  1080, 1224, and 1254 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Phyllis M. Heineman, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

    I have the honor to return herewith HB 1045, 1046, 1064, 1094, 1097, and 1151 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HCR 1008 and 1009 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Vitter, McCracken, and Nachtigal as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1062.


Also MR. SPEAKER:

    I have the honor to transmit herewith SB 19, 182, 194, and 208 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

     HCR 1011   Introduced by:  Representatives Hunhoff, Cradduck, Cutler, Dykstra, Frost, Garnos, Gillespie, Glenski, Hanson, Hargens, Koistinen, Konold, Kraus, Lange, LaRue, Madsen, McCoy, McLaughlin, Miles, Novstrup, Olson (Ryan), Peterson (Bill), Peterson (Jim), Rave, Schafer, Van Etten, Van Gerpen, Weems, and Wick and Senators Olson (Ed), Apa, Brown, de Hueck, Dempster, Ham-Burr, Jaspers, Kelly, Knudson, Koskan, McCracken, Schoenbeck, Sutton (Duane), Symens, and Vitter

         A CONCURRENT RESOLUTION,  Requesting all school districts in South Dakota to suspend the sale of soft drinks and junk foods during school hours.

     WHEREAS,  the consumption of soft drinks, sports drinks, and fruit juices in the United States has increased by five hundred percent over the past fifty years; and

     WHEREAS,  the continued increase in soft drink consumption among adolescents raises a national concern about the health effects of soft drinks; and

     WHEREAS,  heavy consumption of sugar-containing soft drinks can also lead to excessive amounts of sugar intake, and is thus thought to be associated with the current epidemic of obesity and type II diabetes among children; and

     WHEREAS,  the phosphorus content of soft drinks may reduce calcium absorption and contribute to osteoporosis; and

     WHEREAS,  soft drinks with sugar and low pH can cause dental cavities and cause erosion on teeth; and

     WHEREAS,  the sale of soft drinks and foods of minimal nutritional value in schools can contribute to poor nutrition in school-age children; and

     WHEREAS,  the sale of soft drinks represents a common commercial activity for school districts:


     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- ninth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature requests all school districts in South Dakota to suspend the sale of soft drinks and foods of minimal nutritional value in schools during school hours.

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

     HCR 1012   Introduced by:  Representatives Olson (Mel), Bartling, Garnos, Hackl, Hargens, Miles, Pederson (Gordon), Solum, Weems, and Wick and Senators McCracken, Apa, Dempster, Duxbury, Greenfield, Moore, Olson (Ed), and Symens

         A CONCURRENT RESOLUTION,  Requesting the Federal Communications Commission to reconsider its order on local number portability.

     WHEREAS,  on November 24, 2003, landline local exchange carriers in the nation's largest one hundred metropolitan areas began implementing local number portability between wireline and wireless services, a system that allows subscribers to transfer their telecommunications service from their incumbent landline local exchange carrier to a wireless telecommunications company so the subscribers can receive calls on their wireless handsets using their existing local telephone number; and

     WHEREAS,  the Federal Communications Commission (FCC) has by order mandated that this local number portability be available throughout all areas of the United States on May 24, 2004; and

     WHEREAS,  under the FCC's order, the landline local exchange carrier may be responsible for the costs of transporting all calls from the fixed location of a local telephone number to wherever the subscriber's wireless handset may be located; and

     WHEREAS,  these costs may be substantial and unduly burdensome to the rural local exchange carriers in South Dakota and their subscribers; and

     WHEREAS,  in ordering this local number portability the FCC failed to consider the substantial differences existing between the local calling areas established for rural local exchange carriers and the local calling areas offered by larger wireless carriers; and

     WHEREAS,  the FCC has not ordered that wireless carriers must provide similar local number portability and allow for the transfer of wireless telephone numbers to a landline telephone service and consequently, has not established a local number portability requirement that is competitively neutral; and

     WHEREAS,  it was premature of the Federal Communications Commission to adopt its order without first updating regulations for network access charges and offering reforms to its existing federal universal service mechanisms:


     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- ninth Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature of the State of South Dakota hereby requests the Federal Communications Commission to reconsider its order on local number portability so that the negative impacts on rural, landline, local exchange carriers, and their subscribers can be appropriately addressed; and

     BE IT FURTHER RESOLVED,  that the Federal Communications Commission be encouraged to implement substantive changes to universal service and network access charges that will keep telecommunications service affordable for consumers in all areas of South Dakota.

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

     HCR 1013   Introduced by:  Representatives Glenski, Burg, Gillespie, Lange, and Schafer and Senators Kooistra, Dempster, Dennert, Duxbury, and Kloucek

         A CONCURRENT RESOLUTION,  Urging Congressional funding of the Historic Preservation Fund and Historic Barn Restoration Act.

     WHEREAS,  historic preservation provides an opportunity to rapidly employ diverse sectors of the economy, revitalize neighborhoods, communities, and rural areas, entice private capital investment nationwide, and foster heritage tourism; and

     WHEREAS,  the state historic preservation offices implement the National Preservation Program with funds provided by the Historic Preservation Fund; and

     WHEREAS,  the Historic Preservation Fund is the principal source of financing for states to provide economic stimulus, streamlined review processes, local government grants, preserve American initiatives, and heritage tourism marketing through historic preservation; and

     WHEREAS,  historic barns are becoming national treasures, and rehabilitating and repairing historic barns to maintain their functionality and to preserve the rural landscape provides benefits to farmers, as well as the communities and economies that surround them; and

     WHEREAS,  the Rural Development Title of the 2002 Farm Bill included the Historic Barn Preservation Act (Section 6023) to establish a Historic Barn Preservation Program:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy- ninth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature strongly urges the United States Senate and House of Representatives Appropriations Committee to appropriate fifty million dollars annually to the Historic Preservation Fund (HPF) for the State Historic Preservation Offices and to appropriate twenty- five million dollars covering the fiscal years 2004 through 2006 to implement the Historic Barn Preservation Act, as authorized.

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



CONSIDERATION OF REPORTS OF COMMITTEES

     Rep. Bill Peterson moved that the reports of the Standing Committees on

     Appropriations on HB 1068 as found on page 464 of the House Journal ; also

     Judiciary on HB 1292 as found on pages 465 and 466 of the House Journal ; also

     Health and Human Services on HB 1159 as found on pages 467 and 468 of the House Journal ; also

     Judiciary on SB 77 as found on page 466 of the House Journal ; also

     Judiciary on SB 93 as found on pages 466 and 467 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1248:   FOR AN ACT ENTITLED, An Act to   permit counties, in the absence of an organized township, to maintain, and improve certain public rights-of-way.

     Was read the second time.

     The question being "Shall HB 1248 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 1, Excused 1, 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; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Murschel; Nesselhuf; Novstrup; O'Brien; Olson (Mel); Olson (Ryan); Pederson (Gordon); Peterson (Bill); Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Smidt; Solum; Teupel; Thompson; Valandra; Van Etten; Van Gerpen; Van Norman; Weems; Wick; Williamson; Speaker Michels

     Nays:
Peterson (Jim)

     Excused:
Putnam



     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. Bill Peterson moved that SB 42 and 115 be deferred to Friday, February 13, the 24th legislative day.

     Which motion prevailed and the bills were so deferred.

    There being no objection, the House proceeded to Order of Business No. 13.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 19:   FOR AN ACT ENTITLED, An Act to   make an appropriation to the state fair for the repayment of debt and to declare an emergency.

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

     SB 182:   FOR AN ACT ENTITLED, An Act to   prohibit capital punishment of juvenile offenders.

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

     SB 194:   FOR AN ACT ENTITLED, An Act to   exempt certain renter damage guarantee programs from insurance regulation.

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

     SB 208:   FOR AN ACT ENTITLED, An Act to   repeal certain small group health insurance requirements.

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

    There being no objection, the House reverted to Order of Business No. 12.


SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     Rep. Bill Peterson moved that HB 1191 be placed to precede HB 1182 on today's calendar.

     Which motion prevailed and the bill was so placed.

     HB 1191:   FOR AN ACT ENTITLED, An Act to   establish certain legislative findings, to reinstate the prohibition against certain acts causing the termination of an unborn human life, and to prescribe a penalty therefor.

     Was read the second time.

1191rl

     Rep. Mel Olson moved that HB 1191 be amended as follows:

     On the House State Affairs Committee Engrossed Bill bill, delete everything after the enacting clause and insert:

"      Section 1. The Legislature finds that the State of South Dakota has a compelling and paramount interest in the preservation and protection of all human life within and subject to its jurisdiction under the Constitution of the United States and that the preservation and protection of human life applies to all human life, born or unborn. The Legislature finds that since neither constitutional law nor Supreme Court decision has resolved the question of the beginning of life, it is within the proper sphere of state legislative enactment to determine the questions of the beginning of life and of fetal viability in light of the best scientific and medical evidence. The Legislature therefore finds that the life of a human being begins when the ovum is fertilized by male sperm and that unborn fetal viability begins after nineteen weeks of gestation.

     Section 2. The Legislature finds that there is no justification for protecting an unborn human life in preference to the life of the mother if birth or continued pregnancy constitutes a clear and immediate threat of death to the mother or a serious risk of substantial and irreversible impairment of a major bodily function.

     Section 3. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

     No person may administer to, prescribe for, or procure for any pregnant woman any medicine, drug, or other substance with the intent of causing or abetting the termination of an unborn human life after the nineteenth week of gestation unless it is necessary to preserve the life of the pregnant woman, or if there is a serious risk of substantial and irreversible impairment of a major bodily function. No person may use or employ any instrument or procedure with the intent of causing or abetting the termination of an unborn human life after the nineteenth week of gestation unless it is necessary to preserve the life of any pregnant woman or unless there is a serious risk of substantial and irreversible impairment of a major bodily function.

     Any violation of this section is a Class 5 felony.

     Section 4. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

     No licensed physician who terminates an unborn human life in the exercise of reasonable medical judgment and after determining in good faith that such termination of the unborn human life is medically necessary to prevent the death of the pregnant woman or to prevent a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman is guilty of violating section 4 of this Act. However, any physician subject to this section shall execute a sworn affidavit of necessity justifying each termination. Any failure of a physician to comply with the provisions of this section constitutes unprofessional conduct and subjects the physician to the sanctions of § §  36-4-29 and 36-4-30.

     Section 5. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

     Terms used in this Act mean:

             (1)    "Pregnant," the human female reproductive condition, of having a developing unborn human life within her body after the fertilization of the ovum by male sperm;

             (2)    "Serious risk of the substantial and irreversible impairment of a major bodily function," any medically diagnosed condition that so complicates the pregnancy of the woman as to directly or indirectly cause the substantial and irreversible physical impairment;

             (3)    "Fertilization," that point in time when a male human sperm penetrates the zona pellucida of a female human ovum."

    A roll call vote was requested and supported.

     The question being on Rep. Mel Olson's motion that HB 1191 be amended.

     And the roll being called:

     Yeas 17, Nays 52, Excused 1, Absent 0

     Yeas:
Adelstein; Bradford; Burg; Cutler; Elliott; Engels; Gassman; Hargens; Hundstad; Kroger; McLaughlin; Murschel; Nesselhuf; Olson (Mel); Sigdestad; Thompson; Van Norman


     Nays:
Bartling; Begalka; Buckingham; Christensen; Cradduck; Davis; Deadrick (Thomas); Dykstra; Frost; Fryslie; Garnos; Gillespie; Glenski; Hackl; Hanson; Haverly; Heineman; Hennies; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; Miles; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Smidt; Solum; Teupel; Valandra; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Excused:
Putnam

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

1191rr

     Rep. Thomas Deadrick moved that HB 1191 be amended as follows:

     On page 4, between lines 12 and 13 of the House State Affairs Committee engrossed bill, insert:

"      Section 11. That § 34-23A-2 be repealed.

     34-23A-2.   An abortion may be performed in this state only if it is performed in compliance with §   34-23A-3, 34-23A-4, or 34-23A-5.

     Section 12. That § 34-23A-3 be repealed.

     34-23A-3.   An abortion may be performed by a physician during the first twelve weeks of pregnancy. The abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician during the first twelve weeks of pregnancy.

     Section 13. That § 34-23A-4 be repealed.

     34-23A-4.   An abortion may be performed following the twelfth week of pregnancy and through the twenty-fourth week of pregnancy by a physician only in a hospital licensed under the provisions of chapter 34-12 or in a hospital operated by the United States, this state, or any department, agency, or political subdivision of either or in the case of hospital facilities not being available, in the licensed physician's medical clinic or office of practice subject to the requirements of §   34-23A-6.

     Section 14. That § 34-23A-5 be repealed.

     34-23A-5.   An abortion may be performed following the twenty-fourth week of pregnancy by a physician only in a hospital authorized under §   34-23A-4 and only if there is appropriate and reasonable medical judgment that performance of an abortion is necessary to preserve the life or health of the mother. ".


     Which motion prevailed and HB 1191 was so amended.

1191rj
     Rep. Adelstein moved that HB 1191 be further amended as follows:

     On page 3, between lines 18 and 19 of the House State Affairs Committee engrossed bill, insert:

"

     Nothing in this Act may be construed to prohibit emergency contraception initiated within seventy-two hours of the actual occurrence of a sexual assault.".

    A roll call vote was requested and supported.

     The question being on Rep. Adelstein's motion that HB 1191 be amended.

     And the roll being called:

     Yeas 16, Nays 53, Excused 1, Absent 0

     Yeas:
Adelstein; Bradford; Burg; Elliott; Engels; Hanson; Hargens; Hundstad; Kroger; McLaughlin; Murschel; Nesselhuf; Olson (Mel); Sigdestad; Thompson; Van Norman

     Nays:
Bartling; Begalka; Buckingham; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Haverly; Heineman; Hennies; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; Miles; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Smidt; Solum; Teupel; Valandra; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Excused:
Putnam

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

1191ri

     Rep. Nesselhuf moved that HB 1191 be further amended as follows:

     On page 4, after line 21 of the House State Affairs Committee engrossed bill, insert:

"      Section 14. There is hereby appropriated from the state general fund the sum of one million dollars ($1,000,000), or so much thereof as may be necessary, to the Office of the Attorney General to defend the provisions of this Act against litigation brought to test its validity.

     Section 15. The attorney general shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 16. Any amounts appropriated in this Act not lawfully expended or obligated by June   30, 2005, shall revert in accordance with §   4-8-21.

     Section 17. If any provision of this Act is found to be invalid, the remaining provisions are severable.".


    A roll call vote was requested and supported.

     The question being on Rep. Nesselhuf's motion that HB 1191 be amended.

     And the roll being called:

     Yeas 18, Nays 51, Excused 1, Absent 0

     Yeas:
Adelstein; Bradford; Burg; Elliott; Engels; Gassman; Gillespie; Hanson; Hargens; Hundstad; Kroger; Murschel; Nesselhuf; Olson (Mel); Sigdestad; Thompson; Valandra; Van Norman

     Nays:
Bartling; Begalka; Buckingham; Christensen; Cradduck; Cutler; Davis; Deadrick (Thomas); Dykstra; Frost; Fryslie; Garnos; Glenski; Hackl; Haverly; Heineman; Hennies; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; McLaughlin; Miles; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Smidt; Solum; Teupel; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Excused:
Putnam

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

1191oa
     Rep. Murschel moved that HB 1191 be further amended as follows:

     On page 4, after line 21 of the House State Affairs Committee engrossed bill, insert:

"      Section 14. Terms used in this section and section 15 of this Act mean:


             (1)    "Emergency care of sexual assault victims," medical examinations, procedures, and services provided by a hospital to a sexual assault victim following an alleged sexual assault;

             (2)    "Emergency contraception," the administration of a drug approved by the Federal Food and Drug Administration that prevents pregnancy after sexual intercourse;

             (3)    "Medically and factually accurate and objective," verified or supported by the weight of research conducted in compliance with accepted scientific methods and standards; published in peer review journals; and recognized as accurate and objective by leading professional organizations and agencies with relevant expertise in the field of obstetrics and gynecology, such as the American College of Obstetricians and Gynecologists;

             (4)    "Sexual assault," any crime of sexual penetration which occurs under such circumstances that there is the biological possibility that the sexual assault victim may have been impregnated as a result; and

             (5)    "Sexual assault victim," any female who alleges or is alleged to have been sexually assaulted and who presents as a patient to a hospital.

     Section 15. A hospital that provides emergency care to any sexual assault victim shall:

             (1)    Provide each sexual assault victim with medically and factually accurate and objective written and oral information about emergency contraception;

             (2)    Orally and in writing inform each sexual assault victim of her option to be provided emergency contraception at the hospital; and

             (3)    Provide emergency contraception at the hospital to each sexual assault victim who requests it, unless contraindicated. No hospital may be required to provide emergency contraception to a sexual assault victim who is pregnant.".

    Pursuant to JR 5-14, Rep. Van Etten rose to a point of order as to the germaneness of the amendment. The Speaker ruled the amendment germane to the title.

    A roll call vote was requested and not supported.

    Which motion lost.

1191rp
     Rep. Adelstein moved that HB 1191 be further amended as follows:

     On page 3, between lines 12 and 13 of the House State Affairs Committee engrossed bill, insert:

"      Section 8. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of section 7 of this Act do not apply in the case of any pregnancy which is the result of rape, other than statutory rape pursuant to §  22-22-7, or incest.".

    A roll call vote was requested and supported.

     The question being on Rep. Adelstein's motion that HB 1191 be amended.

     And the roll being called:

     Yeas 18, Nays 51, Excused 1, Absent 0

     Yeas:
Adelstein; Bradford; Buckingham; Burg; Cutler; Elliott; Hargens; Hundstad; Kroger; McLaughlin; Murschel; Nesselhuf; O'Brien; Olson (Mel); Sigdestad; Thompson; Valandra; Van Norman

     Nays:
Bartling; Begalka; Christensen; Cradduck; Davis; Deadrick (Thomas); Dykstra; Engels; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Haverly; Heineman; Hennies; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; Miles; Novstrup; Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Smidt; Solum; Teupel; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Excused:
Putnam

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

1191fa
     Rep. Buckingham moved that HB 1191 be further amended as follows:

     On page 3, between lines 12 and 13 of the House State Affairs Committee engrossed bill, insert:

"      Section 8. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of section 7 of this Act do not apply in the case of any pregnancy which is the result of rape, other than statutory rape pursuant to §  22-22-7, or incest. However, such forcible rape shall have been reported to a competent law enforcement official.".

    A roll call vote was requested and not supported.

    Which motion lost.

1191rk
     Rep. Adelstein moved that HB 1191 be further amended as follows:

     On page 3, line 5 of the House State Affairs Committee engrossed bill, after " being " insert "unless it is necessary to preserve the life of the pregnant woman, or if there is a serious risk of substantial and irreversible impairment of a major bodily function".

     On page 3 , line 7, after " being " insert "unless it is necessary to preserve the life of the pregnant woman, or if there is a serious risk of substantial and irreversible impairment of a major bodily function".


     On page 3 , line 22, after " mother " insert "or a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman".

     On page 4 , between lines 10 and 11, insert:

"    (3)    "Serious risk of the substantial and irreversible impairment of a major bodily function," any medically diagnosed condition that so complicates the pregnancy of the woman as to directly or indirectly cause the substantial and irreversible physical impairment;".


     On page 4 , line 11, delete " (3) " and insert "(4)".

    A roll call vote was requested and supported.

     The question being on Rep. Adelstein's motion that HB 1191 be amended.

     And the roll being called:

     Yeas 16, Nays 53, Excused 1, Absent 0

     Yeas:
Adelstein; Bradford; Burg; Cutler; Elliott; Engels; Hundstad; Kroger; McLaughlin; Murschel; Nesselhuf; Olson (Mel); Sigdestad; Thompson; Valandra; Van Norman

     Nays:
Bartling; Begalka; Buckingham; Christensen; Cradduck; Davis; Deadrick (Thomas); Dykstra; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; Miles; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Smidt; Solum; Teupel; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels


     Excused:
Putnam

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

1191ro
     Rep. Adelstein moved that HB 1191 be further amended as follows:

     On page 4, after line 1 of the House State Affairs Committee engrossed bill, insert:

"      Section 10. That chapter 22-17B be amended by adding thereto a NEW SECTION to read as follows:

     If it has been medically determined that an unborn human being suffers from any condition, disease, defect, or anomaly that precludes any reasonable possibility that the unborn human being will survive parturition for more than seventy-two hours, the provisions of section 7 of this Act do not apply to the continuation of the pregnancy.".

     Which motion lost.

     The question being "Shall HB 1191 pass as amended?"

     And the roll being called:

     Yeas 54, Nays 14, Excused 2, Absent 0

     Yeas:
Bartling; Begalka; Buckingham; Burg; Christensen; Davis; Deadrick (Thomas); Dykstra; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Hackl; Hanson; Hargens; Haverly; Heineman; Hennies; Hunhoff; Juhnke; Klaudt; Koistinen; Konold; Kraus; Kroger; Lange; LaRue; Lintz; Madsen; McCaulley; McCoy; Miles; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peterson (Bill); Peterson (Jim); Rave; Rhoden; Rounds; Schafer; Sebert; Smidt; Solum; Teupel; Van Etten; Van Gerpen; Weems; Wick; Williamson; Speaker Michels

     Nays:
Adelstein; Bradford; Cradduck; Cutler; Elliott; Engels; Hundstad; McLaughlin; Murschel; Nesselhuf; Olson (Mel); Sigdestad; Thompson; Van Norman

     Excused:
Putnam; Valandra

     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. Bill Peterson moved that HB 1182, 1275, 1298, 1001, 1002, 1194, 1184, 1053, 1214, 1042, 1180, 1273, 1187, 1247, 1303, 1304, 1305 and SB 43, 83, and 1 be deferred to Wednesday, February 11th, the 22nd 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. Bill Peterson moved that when we adjourn today, we adjourn to convene at 2:30 p.m. on Wednesday, February 11th, the 22nd legislative day.

     Which motion prevailed.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1045, 1046, 1064, 1094, 1097, and 1151 and finds the same correctly enrolled.

Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1014, 1022, 1057, 1058, 1059, and 1135 were delivered to his Excellency, the Governor, for his approval at 8:55 a.m., February 10, 2004.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS

     The Speaker publicly read the title to

     HB 1045: FOR AN ACT ENTITLED, An Act to  revise the time period during which a boat license may be renewed.


     HB 1046: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the titling and registering of a vehicle by a dealer on behalf of a customer.

     HB 1064: FOR AN ACT ENTITLED, An Act to  remove the requirement for a resolution to acquire highway rights-of-way by purchase.

     HB 1094: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the grounds for cancellation, revocation, suspension, or limitation of a physician's license.

     HB 1097: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding renewal of a physician's license.

     HB 1151: FOR AN ACT ENTITLED, An Act to  authorize a motorcycle to display a blue light as part of the vehicle's rear brake light.

     SB 9: FOR AN ACT ENTITLED, An Act to  update and revise certain provisions pertaining to the Department of Social Services.

     SB 88: FOR AN ACT ENTITLED, An Act to  revise the eligibility qualification for an assessment freeze of single-family dwellings and to declare an emergency.

     SB 200: FOR AN ACT ENTITLED, An Act to  provide certain provisions relating to the transfer of a portion of the former Homestake Mine to the Science and Technology Authority, to make appropriations for certain costs associated with maintaining the mine, and to declare an emergency.

     SB 201: FOR AN ACT ENTITLED, An Act to  make an appropriation to the Science and Technology Authority to purchase liability insurance and to operate the Homestake Underground Laboratory and to declare an emergency.

     SB 214: FOR AN ACT ENTITLED, An Act to  authorize agreements to indemnify persons who donate property for publicly beneficial uses and to declare an emergency.

     SB 215: FOR AN ACT ENTITLED, An Act to  provide immunity for the donation of certain property for publicly beneficial uses and to declare an emergency.

     SB 216: FOR AN ACT ENTITLED, An Act to  create the Science and Technology Authority, to provide for its powers and duties, and to declare an emergency.

     And signed the same in the presence of the House.

     Rep. Gordon Pederson moved that the House do now adjourn, which motion prevailed and at 5:10 p.m. the House adjourned.

Karen Gerdes, Chief Clerk