The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of
Allegiance led by Senate page Amy Schmit.
Roll Call: All members present.
The Committee on State Affairs respectfully reports that it has had under consideration SB
19, 21, and 52 and SCR1 and returns the same with the recommendation that said bills and
resolution do pass.
The Committee on State Affairs respectfully reports that it has had under consideration SB
20 which was tabled.
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration SB
53 and 65 and returns the same with the recommendation that said bills do pass and be placed
on the consent calendar.
Also MADAM PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration the
nomination of Robert D. Hofer, Hughes County, Pierre, South Dakota, to the Board of Pardons
and Paroles and returns the same with the recommendation that the Senate advise and consent
to the confirmation of said appointment.
Respectfully submitted,
HAROLD W. HALVERSON, Chair
Also MADAM PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration SB 3
and 61 and returns the same with the recommendation that said bills do pass and be placed on
the consent calendar.
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 (24 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 24 cents per
mile, in such travel.
(3) Legislators flying commercially will receive the equivalent of flight expenses as long
as it does not exceed 24 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 24 cents per mile.
(5) A maximum of eight trips will be considered for the 1997 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,
REX HAGG HAROLD W. HALVERSON
LARRY E. GABRIEL M. MICHAEL ROUNDS
PAT HALEY BERNIE HUNHOFF
House Committee Senate Committee
Also MADAM PRESIDENT:
Your Joint-Select Committee appointed to make arrangements for a Memorial Service for deceased former members of the South Dakota House and Senate respectfully reports that they recommend that the Senate and House of Representatives recess and convene in the House
Chamber at 3:00 p.m. on Thursday, January 23, 1997, and that a Joint Memorial Resolution be
introduced in their memory by their colleagues in the Senate and House of Representatives.
A short program will follow the introduction of the Memorial Resolution. At the
conclusion of the Memorial Service, the Senate will retire to the Senate Chamber and continue
with its regular order of business.
Respectfully submitted, Respectfully submitted,
J.E. "JIM" PUTNAM KEITH W. PAISLEY
CAROL E. FITZGERALD JERRY J. SHOENER
WILLIAM F. CERNY JOANN MORFORD-BURG
House Committee Senate Committee
Also MADAM PRESIDENT:
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 750 copies of the Senate and House bills and resolutions (each); and
750 copies of the Senate and House daily journals (each) for the Seventy-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.
State's Attorneys and County Auditors shall receive free copies of bills and journals if they
pay mailing charges at a rate of $45 for third-class mailing or $125 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 $90 per
set 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 $5
payable to the Legislative Documents Room.
The Chief Mailing Clerk shall upon written request furnish any individual, firm,
corporation, association, or other organization with one complete set of House and Senate bills
and journals for the Seventy-second Legislative Session, for the sum of $90 plus mailing
charges of $45 for third-class mailing or $125 for first-class mailing.
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 legislator pay mailing charges of $45 for third-class mailing or $125 for first-class mailing.
Registered lobbyists shall be entitled to one copy of the official directory upon payment
of the $25 registration fee to the Secretary of State; and upon payment of an additional $90 to
the Legislative Documents Room, shall be entitled to one copy of all bills, resolutions and
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 Bill Status Clerk; House Lobby; House Index Clerk;
Engrossing and Enrolling Office; Lieutenant Governor (two copies); President Pro tempore of
the Senate; Senate Majority Leader; Senate Minority Leader; Senate Bill Status Clerk; Senate
Lobby; Senate Index Clerk; Page Advisor; Attorney General; Bureau of Finance and
Management; Secretary of State; and Legislative Research Council (ten copies).
At the close of each week, every legislator shall receive a copy of bill status.
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,
STEVE CUTLER JIM DUNN
ROGER W. HUNT BARBARA EVERIST
LARRY LUCAS REBECCA J. DUNN
House Committee Senate Committee
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-first
Legislative Session with the following changes be adopted:
5-2. Restatement and reading of motions. When a motion is made and seconded, it shall be
restated by the presiding officer, and, if requested by the presiding officer or a member, shall
be displayed electronically or reduced to writing and read aloud.
5-2.1. Provision of copies of motions. If a motion to amend is displayed electronically or
offered in writing and or if each member of the body has been given a copy of the motion, the
reading of that motion is automatically waived.
5-17. Motion to delay action on amendments. Final action upon any amendment to a bill
or resolution may not be had until one legislative day has intervened, if a request for delay is
made and is supported by at least one-fifth of the members. However, no such request is in order
during the last twelve fourteen days of the session. This rule cannot be invoked more than two
times on the same bill in each house.
6B-1. Time for introduction of bills, number of copies for introduction, bills are property
of Legislature. Any member or committee desiring to introduce a bill or resolution shall file
seven two copies of the bill or resolution with the bill clerk at least two hours prior to the
opening of the daily session. Any bill or resolution filed with the bill clerk and duly numbered
becomes the property of the Legislature and may not thereafter be withdrawn.
6B-7. Disposition of copies of bills when introduced. An original and seven copies one copy
of each bill or resolution introduced shall be disposed of as follows:
(1) The original, which shall have endorsed thereon the word "Original," shall be retained by
the house of origin; and
(2) The copy shall be delivered to the prime sponsor. One copy, of the same quality as the
original, shall be delivered to the printer who shall provide a receipt for the copy;
(3) One copy shall be delivered to the Office of Engrossing and Enrolling to be filed;
(4) One copy shall be made available to the Legislative Research Council;
(5) One copy shall be made available to the news service;
(6) One copy shall be placed in the lobby of the house of origin;
(7) One copy shall be delivered to the prime sponsor; and
(8) One copy shall be made available to the Governor.
If directed by a majority of the members-elect, the copy delivered to the Office of Engrossing
and Enrolling shall take the place of the original if it is in a form approved by the committee on
legislative procedure.
6F-5. Placement of amended bills and resolutions on calendar. If any standing committee
returns a bill or resolution to the house with the recommendation that the bill or resolution do
pass with proposed amendments, the report shall be received, read and entered upon the journal.
The committee report shall be placed on the calendar for adoption the following legislative day
and the bill shall be placed on the calendar for floor action on the legislative day following the
adoption of the committee report. On the final day for the committee to act upon a bill, the
report may be placed directly on the calendar for floor action. A report recommending the
passage of a bill or resolution with proposed amendments is not subject to change or
amendment.
6G-2. Reprinting of bills and joint resolutions. If any bill or joint resolution is ordered by
the presiding officer to be printed to show added amendments, the bill or joint resolution shall
be printed on paper of a different color than that used for the bills and joint resolutions of either
house. Any reprinting shall show the date upon which the reprinting was ordered by the
presiding officer and whether the reprinting is the first or subsequent reprinting. If a bill is
amended, the amendment shall be engrossed on the bill before the bill advances to the next stage
of the legislative process. The engrossed bill shall become the original bill.
6G-3. Number of reprinted bills and joint resolutions. When any bill or joint resolution is
ordered printed or reprinted by either house or the presiding officer thereof, a sufficient number
of copies shall be printed for the use of both houses.
6G-5. Engrossing of bills and joint resolutions. All bills or joint resolutions in either house
of the Legislature, which have been favorably acted upon and amendments have been made
thereto, before going upon the calendar shall be engrossed to show the amendments thereto. The
chief of the office of engrossing and enrolling shall initial each sheet with pen and ink.
Amendments to any bill or joint resolution, made by either house after engrossment, shall
likewise be engrossed upon a separate sheet or sheets of paper and be identified by the initials
of the chief of the office of engrossing and enrolling as in the case of the original bill or joint
resolution.
6G-6. Report to committee on legislative procedure. The chief of the office of engrossing
and enrolling shall examine all amended bills and joint resolutions and report to the committee
on legislative procedure those bills and joint resolutions correctly engrossed. The committees
on legislative procedure shall in turn report to their respective houses.
6G-7. Enrolling of bills and joint resolutions. A bill which has passed both branches of the
Legislature shall be at once enrolled by the office of engrossing and enrolling. An enrolled bill
or joint resolution shall be free from erasures, marks and interlineations, and each sheet thereof
shall be initialed by the chief of engrossing and enrolling and numbered for identification. The
cover of the bill or joint resolution shall indicate the house of origin.
6H-7. Enrollment of commemorations. The secretary of the Senate or the chief clerk of the
House of Representatives shall enroll each approved legislative commemoration that originated
in their respective bodies. Upon enrollment the secretary or chief clerk shall deliver the original
enrolled legislative commemoration to the prime sponsor.
7-1.4. Posting of agendas. Agendas of the bills, resolutions, and other proposals to be
considered at any meeting of a standing committee or subcommittee shall be posted on the
bulletin board of the respective house. At least one legislative day shall intervene between the
date of posting and the date of consideration. An agenda must be posted by 4 p.m. in order to
allow for an intervening legislative day. However, if a day of legislative recess intervenes
between the date of posting and the date of consideration, the requirement of posting is fulfilled
if posting is made prior to adjournment of the session of the particular house on the day before
the legislative recess.
7-5. Filing of committee minutes. Not later than two legislative days following a standing
committee meeting, the chair of a Senate standing committee shall file a copy of the minutes
of the meeting with the secretary of the Senate, the chair of a House standing committee shall
file a copy of the minutes of the meeting with the chief clerk of the House, and chairs of joint
standing committees shall file a copy of the minutes of the meeting with both the secretary of
the Senate and the chief clerk of the House. The secretary of the Senate and the chief clerk of
the House shall keep all standing committee minutes in a place conveniently accessible to any
member of the Legislature. The minutes of all standing committees shall be prepared and filed
on a computerized legislative information system. Computer terminals shall be available in the
Presidents' and Speakers' lobbies of the capitol.
7-12. Structure of Appropriations Committee. The Senate and House Committees may meet
in joint session or form combined subcommittees to hear agency budget presentations. If
combined subcommittees are formed and maintained through the entire session, each
subcommittee may make committee amendments to the general appropriation bill. The final
amendments committee action to the general appropriation bill may shall be approved by the
combined membership of the Senate and House Appropriations Committees, and those final
amendments, shall become the committee report to the house of origin on the general
appropriation bill. a majority vote of the Senate Committee members-elect as well as a majority
vote of the House Committee members-elect. Such action shall constitute the committee report
of the house of origin on the general appropriation bill.
13-1. Consent calendar recommendations by standing committees. Each standing
committee may report an uncontested bill or resolution out of committee with the
recommendation that it be placed on the consent calendar. The secretary of the Senate and the
chief clerk of the House of Representatives shall provide to each committee chair appropriate
forms for the report. As used in this rule, an "uncontested bill or resolution" is any bill or
resolution, except a revenue measure, which receives a do-pass or do-pass-as-amended
recommendation from the committee to which it is referred, by unanimous vote of the members
present and has no opposition expressed by any person present at the committee meeting with
respect to the final version of the bill or resolution as approved by the committee.
THAT CHAPTER 17 OF THE JOINT RULES BE AMENDED TO PROVIDE THAT THE LAST DAY FOR A BILL OR JOINT RESOLUTION TO PASS THE HOUSE OF ORIGIN IS THE 28TH LEGISLATIVE DAY IN THE 40-DAY SESSION AND THAT ALL OTHER AFFECTED DEADLINES BE ADJUSTED ACCORDINGLY.
THE LAST DAY UPON WHICH JOINT RULE 5-17 CAN BE INVOKED ON A BILL OR
RESOLUTION IN EITHER HOUSE IS THE 26TH LEGISLATIVE DAY IN THE 40-DAY
SESSION (Chapter 17)
New Rule: The bill status, created by the computerized information system, is the official
record of action to the bill.
The Joint Rules and the rules of the Senate and the House be printed in the Senate Journal.
Respectfully submitted, Respectfully submitted,
LARRY E. GABRIEL M. MICHAEL ROUNDS
REX HAGG HAROLD W. HALVERSON
PAT HALEY BERNIE HUNHOFF
House Committee Senate Committee
Sen. Rounds moved that the rules be suspended for the sole purpose of placing House
Commemoration No. 1001 on the calendar for Saturday, January 18, the 5th legislative day.
The question being on Sen. Rounds' motion that the rules be suspended for the sole purpose
of placing House Commemoration No. 1001 on the calendar for Saturday, January 18, the 5th
legislative day.
And the roll being called:
Yeas 34, Nays 0, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist;
Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven;
Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the President declared the motion carried.
SB 99
Introduced by:
Senator Everist and Representative Hunt
FOR AN ACT ENTITLED, An Act
to revise the grounds upon which a judge may waive
consent of a parent to termination of parental rights or adoption.
Was read the first time and referred to the Committee on Judiciary.
SB 100
Introduced by:
Senator Everist and Representative Hunt
FOR AN ACT ENTITLED, An Act
to permit all but one petitioner to waive personal
appearance at a hearing for termination of parental rights.
Was read the first time and referred to the Committee on Judiciary.
SB 74:
FOR AN ACT ENTITLED, An Act
to revise the requirements for disclosure for
certain health insurance coverages and to further limit the application of waiting periods for
medicare supplement insurance.
Was read the second time.
The question being "Shall SB 74 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist;
Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven;
Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 80:
FOR AN ACT ENTITLED, An Act
to update and revise the Uniform Securities
Act.
Was read the second time.
The question being "Shall SB 80 pass?"
And the roll being called:
Yeas 33, Nays 1, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist;
Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven;
Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Symens; Thompson; Valandra; Vitter; Whiting
Nays were:
Staggers
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 82:
FOR AN ACT ENTITLED, An Act
to revise the South Dakota Uniform Securities
Act to conform with the provisions of the National Securities Markets Improvement Act of
1996.
Was read the second time.
The question being "Shall SB 82 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 0, Absent and Not Voting 0
Yeas were:
Aker; Albers; Benson; Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Everist;
Flowers; Frederick; Hainje; Halverson; Ham; Hunhoff; Hutmacher; Johnson (William); Kleven;
Kloucek; Lange; Lawler; Morford-Burg; Munson (David); Olson; Paisley; Reedy; Rounds;
Shoener; Staggers; Symens; Thompson; Valandra; Vitter; Whiting
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
MADAM PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Select Committee for the purpose of making arrangements for a memorial recognition
of deceased former members of the House and Senate.
Respectfully,
KAREN GERDES, Chief Clerk
Sen. Rounds moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on
Saturday, January 18, the 5th legislative day.
Which motion prevailed.
Sen. Daugaard moved that the Senate do now adjourn, which motion prevailed, and at
2:40 p.m. the Senate adjourned.