JOURNAL OF THE HOUSE

EIGHTIETH SESSION  




THIRD DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, January 13, 2005


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

     The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge of Allegiance led by House pages Kayla Fritz and Mallory Schaefer.

     Roll Call: All members present except Reps. Bradford and Sebert who were excused.

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 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,
Matthew Michels, Chair

     Which motion prevailed and the report was adopted.
     There being no objection, the House proceeded to Order of Business No. 8.

MOTIONS AND RESOLUTIONS


    Rep. Rhoden moved that a committee of three be appointed relative to the House rules for the Eightieth Legislative Session.

    Which motion prevailed and the Speaker appointed as such committee Reps. Michels, Rhoden, and Hargens.

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

     Which motion prevailed.

     There being no objection, the House reverted to Order of Business No. 6.

REPORTS OF SELECT COMMITTEES



MR. SPEAKER:

    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

Also MR. SPEAKER:

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

Repeal the following House Rules from the Manual of the Legislature

    H2-2...Speaker's power to maintain order. The speaker may have any member of the House temporarily removed in order to preserve order and decorum.

    H2-3...Disciplinary committee regarding misconduct. Either upon written motion from the floor or a written complaint of disorderly conduct of any member filed with the speaker by any two members and made within two legislative days following the alleged misconduct, the speaker may appoint a disciplinary committee for purposes of receiving testimony and evidence regarding the alleged misconduct. The committee 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.

Respectfully submitted
Matthew Michels
Larry Rhoden
Dale Hargens
House Committee    

CONSIDERATION OF REPORTS OF COMMITTEES


    Rep. Rhoden moved that the report of the Joint-Select Committee relative to the compensation for the elected and appointed officers and employees for the Eightieth Legislative Session as found on page 35 of the House Journal be adopted.

    The question being on Rep. Rhoden's motion that the report of the Joint-Select Committee relative to the compensation for the elected and appointed officers and employees for the Eightieth Legislative Session as found on page 35 of House Journal be adopted.

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson, (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Bradford; Sebert



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

    Rep. Rave moved that the report of the Joint-Select Committee relative to legislative printing and distribution of bills and journals for the Eightieth Legislative Session as found on pages 36 and 37 of the House Journal be adopted.

    Which motion prevailed and the report was adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1065   Introduced by:  Representatives Dykstra and Gillespie and Senator Broderick

       FOR AN ACT ENTITLED, An Act to   appropriate money to the Dakota Valley school district.

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

     HB 1066   Introduced by:  Representatives Putnam, Buckingham, Hargens, Michels, Rhoden, and Rounds and Senators Apa, Abdallah, Broderick, Moore, and Schoenbeck

       FOR AN ACT ENTITLED, An Act to   increase the amount of money authorized to contract for the construction of a law enforcement training academy, a criminal forensic laboratory, and a criminal justice and emergency operations center building, to remove the effective date for bonding, to increase the bonding authority, and to declare an emergency.

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

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 2:14 p.m. the House adjourned.

Karen Gerdes, Chief Clerk