The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Pastor Kent Atkinson, followed by the Pledge of
Allegiance led by House page Dave Rogers.
Roll Call: All members present.
**Denotes Chair
*Denotes Vice-Chair
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-second
Legislative Session with the following changes be adopted:
3-3. Office of Engrossing and Enrolling. The office of Engrossing and Enrolling shall consist
of a chief of engrossing and enrolling and an engrossing and enrolling clerk appointed by the
Speaker of the House and an engrossing and enrolling clerk appointed by the President Pro
tempore of the Senate. The Legislative Research Council shall perform all engrossing and
enrolling duties. In addition, each house may hire secretaries necessary to conduct the business
of the standing committees. Any secretary appointed to a committee is immediately responsible
to the committee chair. In each house, a secretary is provided to the minority party.
3-4. Duties of the Office of Engrossing and Enrolling. The engrossing and enrolling duties
of the employees of the Office of Engrossing and Enrolling Legislative Research Council are:
(1) To engross and enroll all bills delivered to them;
(2) To provide and supervise secretarial assistance to legislators as requested;
(3) To collect from the secretaries of all standing and special committees the minutes of
such committees and deliver retain them to in the Legislative Research Council Library;
and
(4) To correct clerical errors, with the consent of the secretary of the Senate or chief clerk
of the House of Representatives, in any bill originating in the house by which they are
employed. Clerical errors which may be corrected are: errors in spelling, errors in
numbering sections, errors of omission or commission due to addition or deletion of
material, and errors due to copying incorrectly from the most recent statute. The secretary
of the Senate and the chief clerk of the House shall inform the principal sponsor of all such
corrections.
The Joint Rules and the rules of the Senate and the House be printed in the House Journal.
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 Seventy-third
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 (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 seven trips will be considered for the 1998 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
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-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.
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.
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, 1998, 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 one complete set of House and Senate bills and journals
for the Seventy-third 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.
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
Also MR. SPEAKER:
Your Joint-Select Committee appointed relative to securing chaplains for the Seventy-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 David Zellmer, Lutheran
Memorial Church, Pierre, as chief chaplain, to serve the Senate and House as chaplains
throughout the Seventy-third session of the Legislature. The ministers are as follows:
Pastor Kent Atkinson, Dr. Mark Benedetto, Pastor Michelle Bradley, Pastor Ron Burkhalter, Pastor Roger Easland, Pastor John Fette, Deacon Judy Flagstad, Dr. Harvey Friez, Pastor Paul Kondy, Father Darrell Lamberty, Mother Linda Logan, Pastor David Mack, Chaplain Dodie Noordermeer, Pastor Jerry Oberg, Pastor Tom Opoien, Pastor Jeff Porter, Vicar Jonathan Schroeder, Pastor Gale Shafer, Father John Shepard, Deacon Gary Snow, Pastor James Sumner, Pastor Richard Teller, Pastor Brad Urbach, and Deacon Charles Walker.
Also MR. SPEAKER:
Your Joint-Select Committee appointed to make arrangements for legislative days
respectfully reports that we recommend the days of the Seventy-third Legislative Session be
January 13 through January 17, January 20 through January 23, January 26 through January 30,
February 2 through February 6, February 9 through February 14, February 17 through February
20, February 23 through February 27, and March 16.
Respectfully submitted, Respectfully submitted,
STEVE CUTLER HAROLD W. HALVERSON
LARRY E. GABRIEL M. MICHAEL ROUNDS
PAT HALEY BERNIE HUNHOFF
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 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 22, 1998, 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
House Committee Senate Committee
HB 1054
Introduced by:
The Committee on Judiciary at the request of the Chief Justice
FOR AN ACT ENTITLED, An Act
to revise the definition of consanguinity and affinity
in challenges for cause in jury trials.
HB 1055
Introduced by:
The Committee on Judiciary at the request of the Chief Justice
FOR AN ACT ENTITLED, An Act
to revise the membership of the judicial conference.
Was read the first time and referred to the Committee on Judiciary.
HB 1056
Introduced by:
The Committee on Judiciary at the request of the Chief Justice
FOR AN ACT ENTITLED, An Act
to revise the procedure to fix a new time period for
execution of a death sentence if the time period established by the original warrant of execution
has passed.
Was read the first time and referred to the Committee on Judiciary.
HB 1057
Introduced by:
The Committee on Judiciary at the request of the Chief Justice
FOR AN ACT ENTITLED, An Act
to revise the method of compiling the driver's license
list for purposes of jury selection.
Was read the first time and referred to the Committee on Judiciary.
HB 1058
Introduced by:
The Committee on Judiciary at the request of the Chief Justice
FOR AN ACT ENTITLED, An Act
to revise certain statutes relating to jury districts.
Was read the first time and referred to the Committee on Judiciary.
HB 1059
Introduced by:
The Committee on Judiciary at the request of the Chief Justice
FOR AN ACT ENTITLED, An Act
to revise certain statutes regarding residence and
voting qualifications of magistrate judges.
Was read the first time and referred to the Committee on Judiciary.
HB 1060
Introduced by:
The Committee on Judiciary at the request of the Chief Justice
FOR AN ACT ENTITLED, An Act
to revise certain statutes regarding who may
administer oaths.
HB 1061
Introduced by:
The Committee on Judiciary at the request of the Chief Justice
FOR AN ACT ENTITLED, An Act
to revise certain statutes regarding where proof or
acknowledgment may be made before a magistrate.
Was read the first time and referred to the Committee on Judiciary.
HB 1062
Introduced by:
The Committee on Judiciary at the request of the Chief Justice
FOR AN ACT ENTITLED, An Act
to revise certain statutes regarding proof or
acknowledgment of an instrument.
Was read the first time and referred to the Committee on Judiciary.
HB 1063
Introduced by:
The Committee on Judiciary at the request of the Chief Justice
FOR AN ACT ENTITLED, An Act
to allow dissemination of information on certain
juveniles to persons or agencies having a legitimate interest pursuant to a general or specific
court order.
Was read the first time and referred to the Committee on Judiciary.
HB 1064
Introduced by:
The Committee on Judiciary at the request of the Chief Justice
FOR AN ACT ENTITLED, An Act
to revise certain statutes relating to the authority of
the Supreme Court to provide for accounting systems for the accountability of fiduciary funds.
Was read the first time and referred to the Committee on Judiciary.
HB 1065
Introduced by:
The Committee on Judiciary at the request of the Chief Justice
FOR AN ACT ENTITLED, An Act
to revise the penalties for certain felony convictions.
Was read the first time and referred to the Committee on Judiciary.
HB 1066
Introduced by:
Representatives Collier, Barker, Cerny, Chicoine, Davis, Fischer-
Clemens, Gleason, Hagen, Haley, Kazmerzak, Lee, Lockner, Lucas, Moore, Schaunaman,
Schrempp, Sokolow, Sperry, and Waltman and Senators Hunhoff, Dennert, Dunn (Rebecca),
Hutmacher, Kloucek, Lange, Lawler, Morford, Olson, Reedy, and Symens
HB 1067
Introduced by:
Representatives Kredit, Cerny, Fischer-Clemens, Kooistra, Lee,
Matthews, Napoli, Putnam, and Smidt and Senators Hutmacher, Olson, and Staggers
FOR AN ACT ENTITLED, An Act
to clarify that certain communications between school
psychologists and students are privileged.
Was read the first time and referred to the Committee on Education.
HB 1068
Introduced by:
Representatives Kooistra, Apa, and Weber and Senator Staggers
FOR AN ACT ENTITLED, An Act
to require each legislative candidate to disclose each
partnership, limited partnership, and corporation that the candidate represents.
Was read the first time and referred to the Committee on Local Government.
Rep. Solum moved that the House do now adjourn, which motion prevailed, and at 2:23
p.m. the House adjourned.