JOURNAL OF THE HOUSE

EIGHTY-SECOND SESSION  




SECOND DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 10, 2007

     The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor David Zellmer, followed by the Pledge of Allegiance led by House page Tyler Wulf.

     Roll Call: All members present except Rep. Bradford who was 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 first 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,
Thomas J. Deadrick, Chair

     Which motion prevailed.

    The oath of office was administered by Speaker Deadrick to the following employee:

    Secretary to the Minority Leader -- Justin Goetz

    Which was subscribed to and placed on file in the office of the Secretary of State.

    ANNOUNCEMENTS

    The Speaker announced the appointment of the following standing committees:

House Standing Committees_82nd Session
**Denotes Chair
*Denotes Vice-Chair

AGRICULTURE & NATURAL RESOURCES (13)

* *Brunner, *Deadrick, DeVries, Howie, Jerke, Nelson, Pitts, Vanneman, Vehle, Gassman, Halverson, Hargens, Sigdestad

APPROPRIATIONS (9)

**Putnam, *Tidemann, Carson, Davis, Haverly, Rausch, Burg, Dennert, Glenski

COMMERCE (13)

**Rounds, *Willadsen, Boomgarden, Dreyer, Hunt, Juhnke, Noem, Novstrup (David), Pederson (Gordon), Ahlers, Engels, Nygaard, Street

EDUCATION (15)

* *Heineman, *McLaughlin, Buckingham, DeVries, Gilson, Hackl, Hills, Novstrup (Al), Olson (Ryan), Weems, Wick, Bradford, Elliott, Thompson, Van Norman

GOVERNMENT OPERATIONS & AUDIT (5)

**Peters, *Buckingham, Tidemann, Gillespie, Moore

HEALTH & HUMAN SERVICES (13)

**Van Etten, *Rave, Boomgarden, Dreyer, Heineman, Jerke, Kirkeby, Olson (Betty), Steele, Lucas, Miles, Nygaard, Van Norman

JUDICIARY (13)

**Cutler, *Hunt, Buckingham, Gilson, Lust, Peters, Vanneman, Vehle, Willadsen, Engels, Feinstein, Gillespie, Moore

LEGISLATIVE PROCEDURE (7)

**Deadrick, *Rave, Hunt, Putnam, Rhoden, Gillespie, Hargens

LOCAL GOVERNMENT (13)

**Hanks, *Howie, Kirkeby, Koistinen, Nelson, Olson (Betty), Olson (Russell), Pitts, Rounds, Gassman, Halverson, Lucas, Sigdestad

RETIREMENT LAWS (5)

**Rounds, *Faehn, Steele, Elliott, Feinstein

STATE AFFAIRS (13)

**Rhoden, *Dykstra, Brunner, Cutler, Deadrick, Faehn, Krebs, Rave, Gillespie, Hargens, Miles, Moore

TAXATION (15)

**Dykstra, *Olson (Ryan), Faehn, Juhnke, Lust, Noem, Novstrup (Al), Peters, Turbiville, Van Etten, Weems, Wick, Bradford, Feinstein, Thompson

TRANSPORTATION (13)

**Pederson (Gordon), *Krebs, Hackl, Hanks, Hills, Koistinen, McLaughlin, Novstrup (David), Olson (Russell), Steele, Ahlers, Elliott, Street

REPORTS OF SELECT COMMITTEES


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-second 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 nine trips will be considered for the 2007 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,
Thomas Deadrick    Bob Gray
Larry Rhoden    Dave Knudson
Dale Hargens    Scott Heidepriem
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-second Legislative Session be January 9 through January 12, January 16 through January 19, January 22 through January 26, January 29 through February 2, February 5 through February 9, February 12 through February 16, February 20 through February 23, February 26 through March 2, March 5, March 6, and March 26.

Respectfully submitted,    Respectfully submitted,
Shantel Krebs    Bob Gray
Bob Faehn    Dave Knudson
Thomas Van Norman    Scott Heidepriem
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-second 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, 2007, 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-second 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,
Charles Turbiville    Thomas Dempster
Thomas Brunner    Cooper Garnos
Burt Elliott    Garry Hanson
House Committee    Senate Committee

Also MR. SPEAKER:

    Your Joint-Select Committee appointed relative to securing chaplains for the Eighty- second 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 Pastor Michael Bishop, Church of the Nazarene, as chief chaplain, to serve the Senate and House as chaplains throughout the Eighty- second session of the Legislature. The chaplains are as follows:

    Mike Bishop, Paul Bly, Theodora Boolin, Michele Bradley, Larry Cass, Brian Christensen, John Fette, Harvey Friez, Howard Grinager, Jenny Hallenbeck, Roger Heidt, Diane Jackson, Ruth Ann Loughry, Auggie Mintzlaff, Sunshine Mintzlaff, Dodie Noordermeer, John Tarrant, Brad Urbach, Levi Willms, and David Zellmer.

Respectfully submitted,    Respectfully submitted,
Roger Hunt    Tom Hansen
Donald Van Etten    Orville Smidt
Mary Glenski    Julie Bartling
House Committee    Senate Committee

Also MR. SPEAKER:

    Your Joint-Select Committee appointed to make arrangements for a Memorial Service for deceased former members of the South Dakota House of Representatives and Senate respectfully reports that they recommend that the House of Representatives and Senate recess and convene in the House Chamber at 3:00 p.m. on January 18, 2007, and that a Joint Memorial Resolution be introduced in their memory by their colleagues in the House of Representatives and Senate.

    A short program will follow the introduction of the Memorial Resolution. At the conclusion of the Memorial Service, the Joint Session will be dissolved.

    The Memorial Resolution shall be printed in the House and Senate Journals.



Respectfully submitted,     Respectfully submitted,
Phyllis Heineman        Kenneth McNenny
Paul Nelson    Royal “Mac” McCracken
Gordon Howie    Jim Peterson
Margaret Gillespie    Senate Committee
House Committee

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


    The following bills were read on Tuesday, January 9th, and today the Speaker assigned these bills to committees:

    HB 1012 was referred to the Committee on State Affairs.

    HB 1052 was referred to the Committee on Commerce.

    HB 1053 was referred to the Committee on Commerce.

    HB 1054 was referred to the Committee on Commerce.

    HB 1055 was referred to the Committee on Taxation.

    HB 1056 was referred to the Committee on Health and Human Services.

    HB 1057 was referred to the Committee on Judiciary.

    HB 1058 was referred to the Committee on Judiciary.

    HB 1059 was referred to the Committee on Judiciary.

    HB 1060 was referred to the Committee on Appropriations.

    HB 1061 was referred to the Committee on Education.

    HB 1062 was referred to the Committee on Appropriations.

    HB 1063 was referred to the Committee on Appropriations.

    HB 1064 was referred to the Committee on Appropriations.

    HB 1065 was referred to the Committee on Appropriations.

    HB 1066 was referred to the Committee on Health and Human Services.

    HB 1067 was referred to the Committee on State Affairs.


    HB 1068 was referred to the Committee on Judiciary.

    HB 1069 was referred to the Committee on Judiciary.

    HB 1070 was referred to the Committee on Judiciary.

    HB 1071 was referred to the Committee on Judiciary.

    HB 1072 was referred to the Committee on Judiciary.

    HB 1073 was referred to the Committee on Judiciary.

    HB 1075 was referred to the Committee on Appropriations.

    HB 1076 was referred to the Committee on Appropriations.

    HB 1077 was referred to the Committee on Health and Human Services.

    HB 1078 was referred to the Committee on Judiciary.

    HB 1079 was referred to the Committee on Judiciary.

    HB 1080 was referred to the Committee on Taxation.

    HB 1081 was referred to the Committee on Transportation.

    HB 1082 was referred to the Committee on Education.

     HB 1083   Introduced by:  Representatives Dykstra and Gillespie and Senator Albers

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

     Was read the first time.

    Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 1:19 p.m. the House adjourned.

Karen Gerdes, Chief Clerk

JOINT SESSION

    Pursuant to the report of the Joint-Select Committee, as found on page 19 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, in the words from Proverbs you tell us that you give wisdom and "store up sound wisdom for the upright; they are a shield to those who walk blamelessly and preserving the way of his faithful one." (Proverbs 2:7-8) We pray for the men and women who have been set aside as Justices and Judges, that you might bless them with your abiding wisdom and courage, so that justice and mercy might prevail for the people of South Dakota. We pray as well for our Governor and Legislators and all those who hold elected or appointed office, bless this legislative session that through their work what is best for all might be set forth. On this day we lift up in pray Senator Johnson and his family, that he may continue to know your healing presence and that his family might be comforted in their waiting. In Your Holy Name we pray. Amen.

    The Secretary of the Senate, Trudy Evenstad, called the roll of the Senate and the following members were present:

Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen, Tom; Hanson, Gary; Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson, Ed; Peterson, Jim; Schmidt, Dennis; Smidt, Orville; Sutton; Turbak; Two Bulls.

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

Ahlers; Boomgarden; Brunner; Buckingham; Burg; Carson; Cutler; Davis; Dennert; DeVries; Dreyer; Dykstra; Elliott; Engels; Faehn; Feinstein; Gassman; Gillespie; Gilson; Glenski; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunt; Jerke; Juhnke; Kirkeby; Koistinen; Krebs; Lucas; Lust; McLaughlin; Miles; Moore; Nelson; Noem; Novstrup, Al; Novstrup, David; Nygaard; Olson, Betty; Olson, Russell; Olson, Ryan; Pederson, Gordon; Peters; Pitts; Putnam; Rausch; Rave; Rhoden; Rounds; Sigdestad; Steele; Street; Thompson; Tidemann; Turbiville; Van Etten; Van Norman; Vanneman; Vehle; Weems; Wick; Willadsen; Speaker Deadrick.

    Sen. Knudson 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. Gray, Knudson, and Heidepriem 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. Knudson moved that the Joint Session do now dissolve.

    Which motion prevailed.