JOURNAL OF THE SENATE

EIGHTIETH SESSION  



THIRD DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 13, 2005

     The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Pastor David Zellmer, followed by the Pledge of Allegiance led by Senate page Diana Arbach.

     Roll Call: All members present except Sens. Schoenbeck and Two Bulls who were excused.

APPROVAL OF THE JOURNAL


MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the second 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,
Eric Bogue, Vice Chair

     Which motion prevailed and the report was adopted.
HONORED GUESTS


     The President introduced Jo-Chin Wang, Director General of the Taipei Economic and Cultural Office in Kansas City, who spoke briefly.

COMMUNICATIONS AND PETITIONS



January 12, 2005

The Honorable Dennis Daugaard
President of the Senate
500 East Capitol Avenue
Pierre, South Dakota 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9, of the Constitution, and subject to your consent, I am honored to inform you that I have appointed James Hagen, Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Tourism and State Development.

    This appointment was effective March 22, 2004.

Sincerely,
M. Michael Rounds
Governor

    The President referred the appointment to the Committee on State Affairs.


January 12, 2005

The Honorable Dennis Daugaard
President of the Senate
500 East Capitol Avenue
Pierre, South Dakota 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of South Dakota Codified Law 33-1-10 and 33-1-10.1 and subject to your consent, I am honored to inform you that I have appointed Raymond W. Carpenter, Pennington County, Rapid City, South Dakota, as the Assistant Adjutant General, Army.

    This appointment is effective March 3, 2005.

Sincerely,
M. Michael Rounds
Governor

    The President referred the appointment to the Committee on State Affairs.

MOTIONS AND RESOLUTIONS


     Sen. Bogue moved that a committee of three be appointed to meet relative to the Senate Rules.

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

    Sen. Bogue moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 14, the 4th legislative day.

    Which motion prevailed

REPORT OF JOINT-SELECT COMMITTEE

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-ninth Legislative Session be adopted as the joint rules of the Eightieth Legislative Session with the following changes:

    8-1. Appointment and composition of conference committees. In every case of disagreement between the two houses, if either house requests a conference and appoints a committee for that purpose, the other house shall appoint a committee to confer with a like committee of the other house upon the subject of the disagreement, and to report back to its house of appointment. Each conference committee shall consist of three members of each house. The members from the House of Representatives shall be appointed by the speaker of the House and the members from the Senate shall be appointed by the president pro tempore of the Senate and shall be appointed by the presiding officer of the two houses. Insofar as possible, members appointed to conference committees shall be representative of the decision within the house upon the issue under consideration.

    Amend the Joint Rules of the Manual of the Legislature by adding the following new rules to Chapter 1A:

    1A-10. Presiding Officer's power to maintain order. The presiding officer may have any member temporarily removed in order to preserve order and decorum.
        
    1A-11...Disciplinary committee regarding misconduct. Either upon written motion from the floor or a written complaint of disorderly conduct of any member during any official legislative proceeding filed with the speaker or the president pro tempore by any two members and made within two legislative days following the alleged misconduct, the speaker or president pro tempore may appoint a disciplinary committee for purposes of receiving testimony and evidence regarding the alleged misconduct. The committee, which shall consist of six members, three from each party shall report its findings and recommendations to the body within three legislative days following the appointment of the committee. The committee may dismiss the complaint or in addition to, or in lieu of, expulsion under Joint Rule 1-11, recommend appropriate sanctions, including but not limited to, restricting or withholding a member's speaking privileges on the floor for a reasonable period of time, direct that an apology be made to the body, issue an oral or written reprimand, or issue such other punishment as the committee deems appropriate. The committee report setting forth such recommendation may not be amended but shall be subject to the approval of a majority vote of the members-elect.

    The joint rules and the rules of the Senate and the House shall be printed in the Senate Journal.

Respectfully submitted,    Respectfully submitted,
Matthew Michels    Lee Schoenbeck    
Larry Rhoden    Eric Bogue
Dale Hargens    Garry Moore
House Committee    Senate Committee


     REPORT OF SENATE SELECT COMMITTEE

MR. PRESIDENT:

Your Select Committee appointed on Senate rules respectfully reports that it has had under consideration the Senate rules and recommends that the temporary Senate rules become the permanent Senate rules of the Eightieth Legislative Session with the following exceptions:

S4-1. Standing committees. The presiding officer of the Senate shall announce the members of the following standing committees after their selection by the president pro tempore and the minority leader. The number of members is indicated after each committee:

     1. Agriculture and Natural Resources (9)

     2. Appropriations (9)
     3. Commerce (7)
     4. Education (7)
     5. Government Operations and Audit (5)
     6. Health and Human Services (7)
     7. Judiciary (7)
     8. Legislative Procedure (7)
     9. Local Government (6) (7)
    10. Retirement Laws (5)
    11. State Affairs (9)
    12. Taxation (9)
    13. Transportation (7)

The president of the Senate is an ex officio member of the committee on legislative procedure.

S4-3. Referral of bills to committee. Upon the first reading of a bill, the president pro tempore of the Senate or his designee shall assign that bill to an appropriate committee for hearing.

Respectfully submitted
Lee Schoenbeck    
Eric Bogue    
Garry Moore    
Senate Committee    

MESSAGES FROM THE HOUSE


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 for the elective and appointive officers and members of the Eightieth 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 making arrangements for the distribution of the official directory, Senate and House Journals and bills, and other legislative printing.

Respectfully,
Karen Gerdes, Chief Clerk


CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES


     Sen. Bogue moved that the report of the Joint-Select Committee relative to compensation as found on page 31 of the Senate Journal be adopted.

     Which motion prevailed.

     Sen. Bogue moved that the report of the Joint-Select Committee relative to distribution of documents as found on page 30 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 70   Introduced by:  Senators Knudson, Bogue, Gray, and Koetzle and Representatives O'Brien, Cutler, Deadrick, and Michels

       FOR AN ACT ENTITLED, An Act to   enact the South Dakota Business Corporation Act, to repeal certain chapters relating to corporations, and to revise certain related provisions.

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

     Sen. Nesselhuf moved that the Senate do now adjourn, which motion prevailed and at 2:23 p.m. the Senate adjourned.

Patricia Adam, Secretary