House Journal 01/11/2006 1:00 PM

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

    4-1.   Daily order of business. After call to order, the daily order of business shall be as follows:

     (1)    Prayer by the chaplain and pledge of allegiance;
     (2)    Roll call and determination of a quorum;
     (3)    Approval of the journal;
     (4)    Communications and petitions;
     (5)    Reports of standing committees;
     (6)    Reports of select committees;
     (7)    Messages from the other house;
     (8)    Motions and resolutions;
     (9)    Consideration of committee reports;
                    (10)    Introduction, first reading and reference of bills and joint resolutions originating in the house;
    (11)    First reading and reference of bills and joint resolutions originating in the          other house;
    (12)    Second reading of consent calendar bills and resolutions;
    ~~(12)~~(13) Second reading of bills and joint resolutions originating in the house;
                    ~~(13)    First reading and reference of bills and joint resolutions originating in the other house;~~
    (14)    Second reading of bills and joint resolutions originating in the other house;
    (15)    Announcements.

To revert to an old order of business or to pass to a new order of business requires a majority vote of the members present. Any message or communication from the Governor or other state officer may be received at any time.

5-11.1 Motions to reconsider. Having given notice of intent to reconsider, the member giving notice may move to reconsider the question not later than the next legislative day, except as provided in Joint Rule 5-13. Any motion to reconsider shall be made under order of business No. 8, except as provided in Joint Rule 5-13, and takes precedence over all other motions except to recess or to adjourn. No motion to reconsider the same question may be made twice in the same house without unanimous consent. Every motion to reconsider shall be decided by a majority vote of the members-elect on a roll call vote. No question may be reconsidered except the final disposition of bills and joint resolutions and the override of vetoes. No motion to lay on the table is subject to reconsideration.

    7-1.   Committee procedure--Relaxed debate. The rules of procedure in a committee are the same as the rules of the body insofar as the rules are applicable to committee procedure. However, as conditions permit, the rules limiting debate may be relaxed to allow free discussion and to facilitate the work of the committee. Discussion and debate may be permitted by the chair on an amendment that has not been moved.

    7-1.7.   Vote requirement. Final disposition on a bill or resolution requires a majority vote of the committee members-elect taken by roll call.

    7-1.8.   Final disposition. Final disposition is any action which moves a bill out of a committee to the floor of a house or to another committee or which removes it from further consideration by the committee. Examples of final disposition include "Do Pass," "Do Pass, Amended," "Refer to Another Committee," "Lay on the Table," and "~~Postpone~~ Defer to a Day Certain Beyond the End of the Session."

    7-8.   Placement of "smoked-out" bill or resolution on calendar. If a bill or resolution is delivered to the House of ~~origin~~ Representatives or Senate pursuant to Joint Rule 7-7 on the last day for passage ~~by the house of origin~~ and it was not reported "Do Pass," the bill or resolution may, by motion approved by a majority of the members-elect of the House of Representatives or Senate, be placed on that day's calendar.

    7-9.   Calendar committee. The calendar committee in ~~each house consists of the presiding officer, the majority leader, and the minority leader~~ the Senate consists of the President Pro Tempore, the Senate Majority Leader, and the Senate Minority Leader. The calendar committee in the House consists of the Speaker of the House, the House Majority Leader, and the House Minority Leader. The committee shall determine the daily legislative calendar.

     7-13. Entertainment of motions. No motion may be debated until it is seconded.     Following the second of a debatable motion, the chair shall first recognize the member     making the motion. No member of the House of Representatives may make introductory     remarks prior to making a motion.

     7-14. Restatement and reading of motions. When a motion is made and seconded, it shall be restated by the chair.

    7-15. Withdrawal of motions. After a motion is stated by the chair, it may not be     withdrawn without consent of the members who made and seconded the motion.

    7-16. Motions. When a question is under debate, no motion may be made except the     following motions:

        (1) Adjourn;
        (2) Recess;
        (3) Call the previous question;
        (4) Lay on the table;
        (5) Defer to a day certain beyond the end of the session;
        (6) Do pass;

        (7) Do pass, amended;
        (8) Do not pass;
        (9) Without Recommendation;
        (10) Defer to a day certain;
        (11) Refer to another committee;
        (12) Amend;
        (13) Appoint a subcommittee.

7-17. Application and nondebatability of motions to lay on the table. A motion to lay on the table which effects a disposition on the merits of any bill or resolution requires the vote of a majority of the committee members-elect to carry and shall be decided without debate. No other motion may be made until the members have voted on the motion to lay on the table. Any other motion to lay on the table requires the vote of a majority of the committee members present and shall be decided without debate. No committee member may make introductory remarks prior to making a motion to lay on the table.

7-18. Scope of motions to lay on the table. A motion to lay on the table may be made so as to apply either to the main question or to a proposed amendment or to the bill and all pending amendments, and the motion shall clearly state to which it is intended to apply.

     7-19. Motion to take from the table or to reconsider the bill. Whenever any bill or resolution is laid on the table or deferred to a day certain beyond sine die, it requires a majority vote of the committee members-elect to take it from the table or to reconsider the bill or resolution which was deferred. The motion to take from the table or to reconsider is debatable.

     7-20. Scope of motion to defer to day certain beyond sine die. The rules pertaining to motions to table and to defer to a day certain beyond sine die shall be the same except that a motion to defer to a day certain beyond sine die is debatable. A member of the Senate may make introductory remarks prior to making a motion to defer to a day certain beyond sine die.

     7-21. Motion to call the previous question. A motion for the previous question shall be decided immediately by a majority of the committee members present and without debate. The motion shall clearly indicate the question to which it applies. No committee member may make introductory remarks prior to making a motion to call the previous question. The effect of adopting a motion to call the previous question is to close debate, to prevent the moving of amendments or other subsidiary motions, and to bring to vote immediately the question to be voted upon. The effect of defeating a motion to call the previous question is to allow continuation of debate on the question before the committee.

     7-22. Priority of vote after call of the previous question. After a motion to call the previous question has prevailed, it is not in order to move to adjourn, prior to a decision of the question before the committee.

     7-23. Dilatory motions to defer or refer. If a motion to defer to a day certain, to defer indefinitely or to refer to another committee is decided in the negative, such motion is not again in order at the same stage of consideration of the bill or proposition.

     7-24. Motion to postpone as final action. A motion to defer indefinitely or to a date beyond the sine die adjournment of the Legislature requires the vote of a majority of the committee members-elect.

     7-25. Germaneness of amendments. No motion to amend a bill is in order unless it is germane to the subject as expressed in the title of the bill.

     7-26. Limitations on number of motions to amend and substitute motions. When a motion or proposition is under consideration, a motion to amend and a motion to amend that amendment is in order. It is also in order to offer a further amendment as a substitute, but such substitute is not subject to amendment.

     7-27. Division of the question. Any member may call for a division of the question. The chair shall divide the question if it contains questions so distinct that, one being taken away, the rest may stand as a separate proposition.

        The joint rules and the rules of the Senate and House shall be printed in the House 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 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 Eighty-first 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.

In regard to the system for payment of travel expenses to legislators we respectfully report that:

(1) A form listing each weekend during session will be delivered to legislators. Legislators will be asked to list their travel on that single sheet which would be signed and turned in at the close of session. Also, pursuant to statute, a voucher must also be signed by each legislator requesting travel reimbursement.

(2) Legislators driving their own car home for a weekend will receive mileage paid at state rates (32 cents per mile). Legislators not driving home will not be entitled to reimbursement unless they leased a vehicle or somehow incurred an expense, equivalent to 32 cents per mile, in such travel.

(3) Legislators flying commercially will receive the equivalent of flight expenses as long as it does not exceed 32 cents per mile.

(4) Legislators flying charter or in their own plane will be reimbursed for actual expenses as long as it does not exceed 32 cents per mile.

(5) A maximum of eight trips will be considered for the 2006 Legislative Session, including the trip for the final legislative day.

(6) Pursuant to constitutional provisions, legislators will be paid for their initial trip to Pierre and their final trip home at the rate of 5 cents per mile.

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

Also MR. SPEAKER:

Your Joint-Select Committee appointed for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, House and Senate journals and bills, and other legislative printing for the two houses and the state offices with the full power to act respectfully reports that:

The Legislature order 250 copies of the Senate and House bills and resolutions (each); and 210 copies of the Senate and House daily journals (each) for the Eighty-first Legislative Session.

The free distribution of sets of bills, resolutions, and daily journals shall be as follows:

Eight copies for the Governor's Office, thirteen copies for the Supreme Court, thirty-two copies for the Legislative Research Council, thirteen copies for the State Library Depository, three copies for the Attorney General, two copies for the Bureau of Finance and Management, four copies for the Secretary of State, two copies for the Department of Legislative Audit, one copy for the Code Commission, one copy for the State Treasurer, one copy for the State Auditor, one copy for the Commissioner of School and Public Lands, one copy for the Public Utilities Commission, and press copies as needed. Accomplishment of this distribution may be satisfied, in whole or in part, by obtaining electronic copies of these documents from the legislative Web site.

State's Attorneys and County Auditors shall receive free copies of bills and journals if they pay mailing charges at a rate of $50 per set (bills or journals) for first-class mailing.

Distribution of bills and journals to state officials, boards, commissions, and institutions will be made upon request in writing to the Legislative Documents Room at a charge of $55 per set of bills and $70 per set of journals plus mailing charges, if applicable.

One copy of the official directory (red book) shall be distributed to each Senator and Representative, thirteen copies to the State Library, three copies to the Secretary of State and a copy shall also be made available to state departments and the press upon request to the Director of the Legislative Research Council. The public may obtain a copy for a fee of $6 payable to the Legislative Documents Room.

One free copy of the South Dakota Legislative Index shall be distributed to the Governor, the Attorney General and the Supreme Court; thirteen free copies to the State Library Depository; and one free copy to Senators and Representatives. Upon written request to the Legislative Documents Room before January 31, 2006, all other state and private entities may purchase the South Dakota Legislative Index at a cost of $25 per copy.

The Chief Mailing Clerk shall upon written request furnish any individual, firm, corporation, association, or other organization with a set of House and Senate bills for $55 per set and a set of journals for $70 per set for the Eighty-first Legislative Session, plus mailing charges, if applicable.

Legislators may have two copies of all bills and resolutions and two copies of the daily journals distributed or mailed to constituents within the legislator's own district if constituents or legislators pay mailing charges of $50 per set for first-class mailing.

Registered lobbyists shall be entitled to one copy of the official directory upon payment of the $35 registration fee to the Secretary of State; and upon payment of an additional $55 per set of bills and $70 per set of journals plus mailing charges, if applicable, to the Legislative Documents Room, shall be entitled to one copy of all bills and resolutions or journals pursuant to SDCL 2-12-3.

Bill status reports will be printed and sold to state agencies at cost and to registered lobbyists for $200 payable to the Legislative Documents Room which receipted funds shall be used to pay the printing costs. If bill status is mailed, the cost is $125 for first-class postage.

A free daily copy of the bill status report shall be distributed as follows:

Governor; Speaker of the House; Speaker Pro tempore of the House; House Majority Leader; House Minority Leader; House Lobby; Chief Clerk of the House; Lieutenant Governor; President Pro tempore of the Senate; Senate Majority Leader; Senate Minority Leader; Senate Lobby; Secretary of the Senate; Page Advisor; Attorney General; Bureau of Finance and Management; Secretary of State; Treasurer's Office; Auditor's Office; Office of School and Public Lands; and Legislative Research Council.

The Chief Mailing Clerk shall at the end of the session file a report with the Director of the Legislative Research Council of all money paid for the purchase of bills and journals and show proof of having deposited such money with the State Treasurer. Such funds shall be used to offset the costs of postage and printing of bills and journals.

Respectfully submitted,    Respectfully submitted,
Tim Rave    Lee Schoenbeck
Cooper Garnos    John Koskan
Burt Elliott    Garry Moore
House Committee    Senate Committee

Also MR. SPEAKER:

Your Joint-Select Committee appointed to make arrangements for legislative days respectfully reports that we recommend the days of the Eighty-first Legislative Session be January 10 through January 13, January 17 through January 20, January 23 through January 27, January 30 through February 3, February 6 through February 10, February 13 through February 17, February 21 through February 24, February 27 through February 28, and March 20.

Respectfully submitted,    Respectfully submitted,
Elizabeth Kraus    Lee Schoenbeck
Sean O'Brien    Eric Bogue
Kathy Miles    Garry Moore
House Committee    Senate Committee

Also MR. SPEAKER:

Your Joint-Select Committee appointed relative to securing chaplains for the Eighty-first Legislative Session respectfully reports:

We have conferred with the Pierre Ministerial Association and have arranged for ministers to participate on a part-time basis under the direction of Rev. Brian P. Christensen, St. John the Evangelist Catholic Church, as chief chaplain, to serve the Senate and House as chaplains throughout the Eighty-first session of the Legislature. The chaplains are as follows:

Mike Bishop, Paul Bly, Theodora Boolin, Michele Bradley, Genie Butler, Larry Cass, Brian Christensen, Tom Cool, Roger Easland, John Fette, Richard Fox, Harvey Friez, Howard Grinager, Roger Heidt, Peter Hofacker, Diane Jackson, Ruth Ann Loughry, Dallas McKinley, Dodie Noordermeer, James Pearson, Shirley Sandberg, Elaine Scott, Alia Stowers, Brad Urbach, and David Zellmer.

Respectfully submitted,    Respectfully submitted,
Roger Hunt    Orville Smidt
Donald Van Etten    William Earley
Gerald Lange    Dan Sutton
House Committee    Senate Committee

Pursuant to the report of the Joint-Select Committee, as found on page 15 of the House Journal, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a message from the Chief Justice of the Supreme Court, David Gilbertson. The President of the Senate, Dennis Daugaard, presiding.

The following prayer was delivered by Pastor David Zellmer, Lutheran Memorial Church, Pierre, South Dakota:

O God of all Creation, we give thanks for the gift of the law and for those who work to bring justice and mercy to all the people of South Dakota. We remember those who go in harms way on our behalf, to keep us safe by night and day, for those who govern and for those who craft the laws and for those who apply them. We ask for wisdom, courage and the will to persevere for our Supreme Court Justices and Circuit Court Judges, our Governor and Legislators and all those who hold elected or appointed office. On this day we give thanks for the gift of healing that has come to Chief Justice David Gilbertson and we continue to lift up in prayer all those who continue to need your gentle healing touch. Bless this legislative session that the words from the prophet Amos might be fulfilled.

    Amos 5:21
        ...I take no delight in your solemn assemblies.
    23    Take away from me the noise of your songs;
        I will not listen to the melody of your harps.
    24    But let justice roll down like waters,
        and righteousness like an ever-flowing stream.

In Your Holy Name we Pray. Amen.

The Secretary of the Senate, Patricia Adam, called the roll of the Senate and the following members were present:

Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen, Tom; Hanson, Gary; Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson, Ed; Peterson, Jim; Schoenbeck; Smidt; Sutton, Dan; Sutton, Duane; Two Bulls.

The Chief Clerk of the House of Representatives, Karen Gerdes, called the roll of the House and the following members were present:

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; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels.

Sen. Bogue moved that a committee of three on the part of the Senate and a committee of four on the part of the House be appointed to escort the Honorable David Gilbertson, Chief Justice of the state of South Dakota, to the rostrum.

Which motion prevailed and the President appointed as such committee Reps. Rhoden, Dykstra, Hargens, and Gillespie on the part of the House and Sens. Schoenbeck, Bogue, and Moore on the part of the Senate.

The Sergeant at Arms announced the arrival of Chief Justice David Gilbertson, who was escorted to the rostrum.

The Lieutenant Governor, Dennis Daugaard, introduced the Honorable David Gilbertson, who delivered the State of the Judiciary Address.

Sen. Bogue moved that the Joint Session do now dissolve.

Which motion prevailed.