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.
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 Eighty-second
Legislative Session be adopted as the joint rules of the Eighty-third Legislative Session with
the following changes:
1-3. Questions of order. The presiding officer of each house shall decide all questions of
order, subject to a motion of appeal, by a majority of the members present. No member may
speak more than once on an appeal without the consent of a majority of the members present.
Legislature or that is inconsistent with the Legislature's ability to maintain the respect and trust
of the people it serves. While it is not possible to write rules to cover every circumstance, each
legislator must do everything in his or her power to deal honorably with the public and with his
or her colleagues and must promote an atmosphere in which ethical behavior is readily
recognized as a priority and is practiced continually, without fail.
1B-2. Compliance with Specified Requirements. Each legislator will comply with all
Constitutional and statutory requirements regarding conflicts of interest. Legislators will timely
file all required disclosure statements including Statements of Organization, Campaign Finance
Reports and Statements of Financial Interest. Legislators must also avoid any conflict of
interest or the appearance of having any conflict of interest which would interfere with their
duties and responsibilities as legislators, interfere with the exercise of their best judgment in
support of the State of South Dakota or create an improper personal benefit.
1B-3. Professional Conduct and Civility. The South Dakota Legislature will strengthen and
sustain an atmosphere of professional conduct and civility among its members and with all staff
and will not tolerate harassment or offensive behavior based on race, color, religion, national
origin, gender, age, or disability. Legislators must refrain from any and all such harassment or
offensive conduct. This prohibition against harassment also encompasses sexual harassment
including unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal,
or physical conduct of a sexually harassing nature, when: (1) submission to the harassment is
made either explicitly or implicitly a term or condition of employment or other employment
determinations, or (2) the harassment has the purpose or effect of unreasonably interfering with
an individual's work performance or creates an intimidating, hostile, or offensive working
environment.
1B-4. Action in event of violation. Failure to observe the highest standards of public conduct
will subject a legislator to appropriate action, pursuant to the rules of the Chamber and Mason's
Manual of Legislative Procedure.
6C-1.1. Request for fiscal note by any member. A fiscal note may be requested by any
member if supported by one-fifth of the members of the house in which the bill or resolution
is to be considered, at the time of the second reading, if the bill or resolution has an effect on
the revenues, expenditures, or fiscal liability of the state. However, the request shall not extend
final consideration of the bill over two days beyond the last day for passage from the house of
origin.
Respectfully submitted, Respectfully submitted,
Thomas Deadrick Bob Gray
Larry Rhoden Dave Knudson
Dale Hargens Scott Heidepriem
House Committee Senate Committee
Your Joint-Select Committee appointed relative to securing chaplains for the Eighty-
third 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 Daniel Varns, New
Life Assembly of God, as chief chaplain, to serve the Senate and House as chaplains
throughout the Eighty-third session of the Legislature. The chaplains are as follows:
Jack Benjamin, Paul Bly, Theodora Boolin, Michele Bradley, Larry Cass, Brian
Christensen, Andrea DeGroot-Nesdal, John Fette, Harvey Friez, Howard Grinager, Jenny
Hallenbeck, Diane Jackson, Bob Lacey, Dodie Noordermeer, John Rhoad, Shirley Sandberg,
John Tarrant, Brad Urbach, and Levi Willms.
Respectfully submitted, Respectfully submitted,
Roger Hunt Tom Hansen
Donald Van Etten Orville Smidt
Mary Glenski Julie Bartling
House Committee Senate Committee
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 17, 2008, 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
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-third 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 Lieutenant 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, 2008, 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-third Legislative Session, plus
mailing charges, if applicable.
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 Gary Hanson
House Committee Senate Committee
HB 1105
Introduced by:
Representatives Hunt, Deadrick, Dykstra, Krebs, and Weems
and Senators Smidt (Orville) and Knudson
FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
recording and indexing of homestead descriptions.
Was read the first time.
HB 1106
Introduced by:
The Committee on Government Operations and Audit at the
request of the Interim Committee on Government Operations and Audit
FOR AN ACT ENTITLED, An Act to repeal the real estate recovery fund and to
transfer the existing balance to the South Dakota Real Estate Commission.
Was read the first time.
HB 1107
Introduced by:
The Committee on Government Operations and Audit at the
request of the Interim Committee on Government Operations and Audit
FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
promulgation of rules to set various licensing and other fees for certain professions and
occupations.
Was read the first time.
HB 1108
Introduced by:
The Committee on Government Operations and Audit at the
request of the Interim Committee on Government Operations and Audit
FOR AN ACT ENTITLED, An Act to repeal the election equipment replacement fund
and to transfer the existing balance to the state general fund.
Was read the first time.
HB 1109
Introduced by:
The Committee on Government Operations and Audit at the
request of the Interim Committee on Government Operations and Audit
FOR AN ACT ENTITLED, An Act to repeal the state lottery investigation fund and the
authority of the state lottery to contract with the attorney general for certain services.
Was read the first time.
FOR AN ACT ENTITLED, An Act to restrict municipal membership in the public
entity pool for liability.
Was read the first time.
HB 1110
Introduced by:
The Committee on Government Operations and Audit at the
request of the Interim Committee on Government Operations and Audit
The following prayer was delivered by Pastor Paul Bly, Resurrection Lutheran Church,
Pierre, South Dakota:
Almighty God, in thankfulness and humility we call upon You, oh Lord. We give You
thanks for the opportunity and privilege to serve the people of the State of South Dakota.
Bless the elected leaders here today that they may do their work in a spirit of wisdom,
kindness, and justice. Help us all, oh Lord, in the midst of serious budget constraints and
tough decisions, that we do not lose sight of Your bountiful goodness.
Lord, we ask also that You may be ever present to the employees of this state that they
may find in their work respect, fulfillment, and a sense of true teamwork.
Bless and keep all of our families wherever they may be. We pray in the name of God, I
pray in the name of Jesus. 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
Berry.
The Chief Clerk of the House of Representatives, Karen Gerdes, called the roll of the House and the following members were present:
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 Sens. Knudson,
Dempster, and Heidepriem on the part of the Senate and Reps. Rhoden, Dykstra, Hargens,
and Gillespie on the part of the House.
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.