JOURNAL OF THE HOUSE

SEVENTY-FIFTH  SESSION




SECOND DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 12, 2000

     The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Geraldine King, followed by the Pledge of Allegiance led by House page Codi Skjoldal.

     Roll Call: All members present except Reps. Cutler and Solum who were 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,
Roger W. Hunt, Chair

     Which motion prevailed and the report was adopted.
HONORED GUESTS


     The Speaker   introduced Rex Hagg, Rapid City, South Dakota, Speaker of the House of Representatives from 1997 to 1998.

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 Seventy-fifth 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 (29 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 29 cents per     mile, in such travel.

    (3) Legislators flying commercially will receive the equivalent of flight expenses as long     as it does not exceed 29 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 29 cents per mile.

    (5) A maximum of seven trips will be considered for the 2000 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,
Roger Hunt    Harold W. Halverson
Orville Smidt    M. Michael Rounds
Pat Haley    Jim Hutmacher
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 500 copies of the Senate and House bills and resolutions (each); and 500 copies of the Senate and House daily journals (each) for the Seventy-fifth 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 $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 $50 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, 2000, 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-fifth Legislative Session, for the sum of $50 per set 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 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 $25 registration fee to the Secretary of State; and upon payment of an additional $50 per set 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 (two copies); Engrossing and Enrolling Office; Lieutenant Governor (two copies); President Pro tempore of the Senate; Senate Majority Leader; Senate Minority Leader; Senate Lobby; Secretary of the Senate (two copies); 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,
Orville Smidt    Barbara Everist
Scott Eccarius    Fred Whiting
Larry Lucas    Mel Olson
House Committee    Senate Committee

Also MR. SPEAKER:

    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-fourth Legislative Session with the following changes be adopted:

1-9. Those permitted to speak to the body.
No person other than a member of a house may speak upon any subject before the house unless a member makes a motion to allow another person to speak and the members present unanimously consent. However, any presidential candidate who has qualified to be placed on the primary election ballot pursuant to SDCL 12-5-3.14 may address the Legislature subject to such conditions as the speaker of the House and the president pro tempore of the Senate may deem appropriate allow any person other than a member of the body to speak subject to advance notice to the majority and minority leaders. A motion objecting to the decision of the presiding officer shall require a majority vote of the members elect.


6C-4. Committees may request fiscal note. If the presiding officer has not requested a fiscal note on a bill or resolution having a fiscal effect, the committee, or its chair, considering the bill or resolution may request a fiscal note. If it is not possible to include a fiscal note at the time of introduction, the committee considering the bill or resolution shall request a fiscal note. The committee may request an amended fiscal note if a bill or resolution is amended.

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.

6H-1. Introduction of commemorations. Any member may introduce a legislative commemoration, which may be cosponsored by other members of either house, by filing it with the bill clerk of that member's house. The prime sponsor shall submit all necessary information to the legislative research council prior to introduction. However, no member may introduce a legislative commemoration during the last five three legislative days of the session.

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 5 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 only if posting is made prior to adjournment of the session of the particular house on the day before the legislative recess.

5-11.1 Motions to reconsider. Having given notice of intent to reconsider, the member giving notice may move to reconsider the question not later than the next legislative day, except as provided in Joint Rule 5-13. Any motion to reconsider or motion to recall propositions from the other house for reconsideration shall be made under order of business No. 8, except as provided in Joint Rule 5-13, and takes precedence over all other motions except to recess or to adjourn. No motion to reconsider the same question may be made twice in the same house without unanimous consent. Every motion to reconsider shall be decided by a majority vote of the members-elect on a roll call vote. No question may be reconsidered except the final disposition of bills and joint resolutions and the override of vetoes.

15-4. Recall of bills, resolutions, reports, amendments, orders, and messages from the other house. If a bill, resolution, report, amendment, order or message upon which a vote has been taken has been transmitted to the other house, a motion may be made to recall such item for correction and shall be acted upon immediately.

15-5. Returning of recalled bills and resolutions. If a motion has been passed to recall a bill or resolution and the motion for such recall has been received by the other house prior to the time of its first reading, the presiding officer shall immediately inform the body in session that such bill or resolution will be returned unless objection is made and sustained by a majority vote of the members-elect of such house.

    The Joint Rules and the rules of the Senate and the House shall be printed in the House Journal.



Respectfully submitted,    Respectfully submitted,
Orville Smidt    M. Michael Rounds
Roger Hunt    Harold W. Halverson
Pat Haley    Jim Hutmacher
House Committee    Senate Committee

Also MR. SPEAKER:

    Your Joint-Select Committee appointed relative to securing chaplains for the Seventy-fifth 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 Gretchen Lord Anderson, Congregational United Church of Christ, Ft. Pierre, as chief chaplain, to serve the Senate and House as chaplains throughout the Seventy-fifth session of the Legislature. The ministers are as follows:

    Pastor Terry Anderson, Pastor Kent Atkinson, Father Hal Barber, Pastor Theodora Boolin, Pastor Michele Bradley, Pastor Genie Butler, Pastor Daniel Carlson, Pastor Roger Easland, Dr. Harvey Friez, Pastor R. Neal Hughes, Pastor Geraldine C. King, Father Dale Kutil, Pastor Phil Lint, Pastor David Mack, Pastor Darlene "Red Elk" Myers, Chaplain Dodie Noordermeer, Pastor Jerry Oberg, Pastor Tom Opoien, Pastor Jeff Porter, Pastor Cory Rajek, Pastor Gale Shafer, Pastor James Sumner, Trinity Episcopal Church Staff, Pastor Brad Urbach, and Pastor Dave Zellmer.

Respectfully submitted,    Respectfully submitted,
Jay Duenwald    Randy Frederick
Jeff Monroe    Dick Hainje
William F. Cerny    Charles Flowers
House Committee    Senate Committee

MOTIONS AND RESOLUTIONS


     Rep. Koskan moved that HB 1038 be referred from the Committee on Commerce to the Committee on Transportation.

     Which motion prevailed and the bill was so referred.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     The following bills were read yesterday and today the Speaker assigned these bills to committees:



     HB 1013 was referred to the Committee on Education.

    HB 1018 was referred to the Committee on Appropriations.

     HB 1019 was referred to the Committee on Commerce.

     HB 1030 was referred to the Committee on Commerce.

     HB 1031 was referred to the Committee on Education.

     HB 1032 was referred to the Committee on Commerce.

     HB 1035 was referred to the Committee on Commerce.

     HB 1036 was referred to the Committee on Health and Human Services.

     HB 1040 was referred to the Committee on Health and Human Services.

     HB 1041 was referred to the Committee on Health and Human Services.

     Rep. Juhnke moved that the House do now adjourn, which motion prevailed, and at 2:30 p.m. the House adjourned.

Karen Gerdes, Chief Clerk