JOURNAL OF THE SENATE

SEVENTY-THIRD  SESSION




SECOND DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 14, 1998

     The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Vicar Jonathan Schroeder, followed by the Pledge of Allegiance led by Senate page Aaron Matson.

     Roll Call: All members present except Sens. Aker and Valandra who were excused.

APPROVAL OF THE JOURNAL


MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate 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,
HAROLD W. HALVERSON, Chair

     Which motion prevailed and the report was adopted.
REPORTS OF SELECT COMMITTEES


MADAM PRESIDENT:

    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.

Respectfully submitted,    Respectfully submitted,
LARRY E. GABRIEL    M. MICHAEL ROUNDS
REX HAGG    HAROLD W. HALVERSON
PAT HALEY    BERNIE HUNHOFF
House Committee    Senate Committee

Also MADAM PRESIDENT:

    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

Also MADAM PRESIDENT:

    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 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 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

Also MADAM PRESIDENT:

    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.

Respectfully submitted,    Respectfully submitted,
KRISTIE FIEGEN    WILLIAM J. JOHNSON
JEFF MONROE    ALAN AKER
WILLIAM F. CERNY    GERALD F. LANGE
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-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.

    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

MOTIONS AND RESOLUTIONS


     Sen. Whiting moved that the executive appointment of Peter A. Gustaf to the South Dakota Board of Education be referred from the Committee on Judiciary to the Committee on Education.

     Which motion prevailed and the appointment was so referred.

     Sen. Rounds moved that SB 14 and 15 be referred from the Committee on Retirement Laws to the Committee on State Affairs.

     Which motion prevailed and the bills were so referred.



COMMEMORATIONS


     SC 1   Introduced by:  Senators Ham, Aker, Shoener, Vitter, and Whiting and Representatives Hassard and Pederson (Gordon)

A LEGISLATIVE COMMEMORATION,  Recognizing and commending the fiftieth     anniversary of Crazy Horse Memorial.

     WHEREAS,  Sculptor Korczak Ziolkowski (1908-1982) came to the Black Hills at the invitation of Chief Henry Standing Bear whose invitation said, "My fellow chiefs and I would like the white man to know the red man has great heroes too;" and

     WHEREAS,  Crazy Horse Memorial was dedicated on June 3, 1948, when Chief Standing Bear, Korczak, and Governor George T. Mickelson (helped by his seven-year-old son, George S.) set off the first blast on the mountain carving, and the Memorial's fiftieth anniversary on June 3, 1998, will be celebrated with the dedication of the completed face of Crazy Horse;

     WHEREAS,  Korczak, his wife, Ruth, and their large family have dedicated their lives to the creation and continuation of Crazy Horse Memorial which represents the North American Indian tribes, and the noble goal of reconciliation between races; and

     WHEREAS,  Crazy Horse Memorial is a nonprofit educational and cultural project whose primary goals include the world's largest mountain carving-in-progress, the Indian Museum of North America, and the planned University and Medical Training Center for the North American Indian:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Seventy-third Legislature of the State of South Dakota, that the Legislature does hereby recognize the admirable humanitarian purposes of Crazy Horse Memorial and commends the decades of steady progress and the completion of the powerful face of Crazy Horse on the fiftieth anniversary of Crazy Horse Memorial.

     Sen. Hainje moved that the Senate do now adjourn, which motion prevailed, and at 2:15 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary