House Journal 01/15/2000 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FIFTH SESSION

FIFTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 15, 2000

     The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Father Dale Kutil, followed by the Pledge of Allegiance led by House page Joseph Severance.

     Roll Call: All members present except Reps. Clark, Derby, Hagen, Nachtigal, Solum, and Weber 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 fourth 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.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1039 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Jarvis Brown, Chair

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1038 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
B. Michael Broderick, Jr., Chair

Also MR. SPEAKER:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1021 and returns the same with the recommendation that said bill be amended as follows:

1021oa

On page 1 , delete lines 4 to 12 of the printed bill , inclusive , and insert:

" Section 1. That § 60-10-2 be amended to read as follows:

60-10-2. If its efforts as conciliator prove unsuccessful, the Department of Labor shall , if requested by either party, impartially investigate the matters in difference between the parties. The request to the department shall be mailed within twenty days after the conclusion of the conciliation procedure provided for in § 60-10-1. The department shall give each party ample opportunity for presentation of the facts and immediately require each party to present their rational on the remaining issues in dispute. The department shall make a report of the issues involved and a recommendation for settlement of ~~the controversy~~ each unresolved issue, including its rationale for any recommendation . The department shall furnish a copy of its recommendation to each of the parties and to any local newspaper for publication for the information of the public. The department shall promulgate rules pursuant to chapter 1-26 to establish the criteria upon which any recommendation for the settlement of labor disputes shall be based. "

On page 2 , after line 12 , insert:

" Section 5. That chapter 60-10 be amended by adding thereto a NEW SECTION to read as follows:

Upon receipt of a recommendation for settlement of a labor dispute issued pursuant to § 60- 10-2, any school district or local government shall:

(1) Publish the recommendation and its summary of the rationale for the recommendation for the settlement of the labor dispute, along with the date scheduled for a public meeting where action on the recommendation will be taken, in the newspaper that has been designated for publication of official records of the employer;

(2) Provide notice pursuant to § 1-25-1.1 of the public meeting where action on the recommendation will be taken;

(3) Conduct a public meeting to provide interested parties a reasonable opportunity to comment on the recommendations for settlement of the labor dispute; and

(4) Take official action on each recommendation for settlement of the labor dispute. The public employer shall provide rationale for the action taken on each recommendation. "

1021oc

That Section 1 of the previously adopted amendment (1021oa) be amended to read as follows:

" Section 1. That § 60-10-2 be amended to read as follows:

60-10-2. If its efforts as conciliator prove unsuccessful, the Department of Labor shall, if requested by either party, impartially investigate the matters in difference between the parties. The request to the department shall be mailed within twenty days after the conclusion of the conciliation procedure provided for in § 60-10-1. The department shall give each party ample opportunity for presentation of the facts and immediately require each party to present their rational on the remaining issues in dispute. The department shall make a report of the issues involved and a recommendation for settlement of ~~the controversy~~ each unresolved issue, including its rationale for any recommendation . The department shall furnish a copy of its recommendation to each of the parties and to any local newspaper for publication for the information of the public. "

And that as so amended said bill do pass.

Respectfully submitted,
Steve Cutler, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 34, 35, 37, and 40 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

HCR 1001 Introduced by: Representatives Kooistra, Crisp, Hennies, Koehn, Monroe, Weber, Wudel, and Young and Senators Daugaard and Kloucek

A CONCURRENT RESOLUTION, Requesting the Department of Corrections to take appropriate action to preserve the prison yard wall at the South Dakota State Penitentiary located in Sioux Falls.

WHEREAS, the State Penitentiary, built as a federal prison in 1881, has been placed on the Register of Historic Places; and

WHEREAS, years of neglect and lack of proper maintenance have brought about the current deteriorating condition of the State Penitentiary's historic wall; and

WHEREAS, inmate labor today should be used to restore the wall just as inmate labor was used over a century ago to construct the very wall which would confine them; and

WHEREAS, studies have shown that the demolition and replacement of the entire wall is unnecessary and a wasteful use of state revenue; and

WHEREAS, security of the general public, prison staff, and inmates must not be compromised:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- fifth Legislature of the State of South Dakota, the Senate concurring therein, that the Department of Corrections do further study and conduct public hearings before dismantling any more of the existing wall at the State Penitentiary, institute a systematic program of regular preventive maintenance to ensure the long preservation of this historic site, and provide that any Sioux quartzite stone salvaged from the wall be warehoused for further public use in Minnehaha County.

Was read the first time and referred to the Committee on State Affairs.

Rep. Kooistra moved that HB 1056 be referred from the Committee on State Affairs to the Committee on Education.

Which motion lost.

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Cutler moved that the report of the Standing Committee on

State Affairs on HB 1029 as found on page 42 of the House Journal be adopted.

Which motion prevailed and the report was adopted.

CONSIDERATION OF REPORTS OF SELECT COMMITTEES

Rep. Cutler moved that the report of the Joint-Select Committee relative to the arrangements for a Joint Session of the Senate and the House of Representatives for the Seventy-fifth Legislative Session as found on page 43 of the House Journal be adopted.

Which motion prevailed and the report was adopted.

Rep. Cutler moved that the report of the Joint-Select Committee relative to the arrangements for a memorial service for the Seventy-fifty Legislative Session as found on page 42 of the House Journal be adopted.

Which motion prevailed and the report was adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1069 Introduced by: Representatives Apa, Crisp, Hanson, Kazmerzak, Koetzle, Konold, Monroe, and Napoli and Senators Staggers, Flowers, Madden, Symens, and Vitter

     FOR AN ACT ENTITLED, An Act to exempt certain transportation services from sales and use tax.

     Was read the first time and referred to the Committee on Taxation.

HB 1070 Introduced by: Representatives Richter, Brown (Jarvis), Brown (Richard), Clark, Davis, Derby, Haley, Klaudt, Koetzle, Kooistra, Putnam, Smidt, Wudel, and Young and Senators Everist, Brosz, Brown (Arnold), Duxbury, Halverson, Ham, Hutmacher, Olson, and Paisley

FOR AN ACT ENTITLED, An Act to extend residency status to certain students for purposes of higher education tuition.

Was read the first time and referred to the Committee on State Affairs.

     HB 1071 Introduced by: Representatives Fitzgerald, Clark, Hennies, Koehn, and Kooistra and Senators Daugaard, Kleven, and Shoener

     FOR AN ACT ENTITLED, An Act to provide for the disposition of certain abandoned, lost, or confiscated bicycles.

     Was read the first time and referred to the Committee on Local Government.

     HB 1072 Introduced by: Representatives Young, Apa, and Chicoine and Senators Dunn (Jim) and Reedy

     FOR AN ACT ENTITLED, An Act to exempt contracts for real estate or auction services from competitive bidding procedures.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1073 Introduced by: Representatives Young, Apa, and Chicoine and Senators Dunn (Jim) and Olson

     FOR AN ACT ENTITLED, An Act to permit assessments based on benefits.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1074 Introduced by: Representatives Young, Chicoine, and Diedrich (Larry) and Senators Dunn (Jim) and Reedy

     FOR AN ACT ENTITLED, An Act to revise municipal special assessment provisions.

     Was read the first time and referred to the Committee on Local Government.

     HB 1075 Introduced by: Representatives Munson (Donald), Diedtrich (Elmer), Engbrecht, Fryslie, Juhnke, McCoy, and Sutton (Duane) and Senators Reedy and Kloucek

     FOR AN ACT ENTITLED, An Act to revise the exemptions for inheritance taxes.

     Was read the first time and referred to the Committee on Taxation.

     HB 1076 Introduced by: Representative Munson (Donald)

     FOR AN ACT ENTITLED, An Act to increase certain state sales and use taxes, to repeal certain municipal sales and use taxes, and to replace the municipal revenue lost from certain sales and use taxes.

     Was read the first time and referred to the Committee on Taxation.

     HB 1077 Introduced by: Representatives Napoli, Apa, Brooks, Brown (Richard), Garnos, Klaudt, Koehn, Koskan, Lintz, McCoy, Monroe, Nachtigal, Putnam, Wudel, and Young and Senators Shoener, Brown (Arnold), Duxbury, Hutmacher, Kloucek, Lange, Staggers, and Vitter

     FOR AN ACT ENTITLED, An Act to revise the requirements for maintaining an owner- occupied single-family dwelling classification.

     Was read the first time and referred to the Committee on Judiciary.

     HB 1078 Introduced by: Representatives Brown (Richard), Brooks, Haley, Koetzle, Lucas, and McCoy and Senators Brosz, Brown (Arnold), and Olson

     FOR AN ACT ENTITLED, An Act to revise the index factor in the state aid to education formula, to reduce state aid to education to certain school districts with excess general fund cash balances, and to create an education improvement fund.

     Was read the first time and referred to the Committee on Education.

     HB 1079 Introduced by: Representatives Brown (Richard), Brooks, Davis, Fischer- Clemens, Koetzle, Lucas, McCoy, Waltman, and Wilson and Senators Brown (Arnold), Albers, Hainje, Hutmacher, Moore, Munson (David), and Olson

     FOR AN ACT ENTITLED, An Act to appropriate money for grants to school districts to implement programs designed to improve student achievement.

     Was read the first time and referred to the Committee on Appropriations.

     HB 1080 Introduced by: Representatives Brown (Richard), Broderick, Brooks, Haley, Kooistra, and Patterson and Senators Brown (Arnold), Brosz, and Ham

     FOR AN ACT ENTITLED, An Act to provide for legislative oversight of tobacco settlement payments.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1081 Introduced by: Representatives Brown (Richard), Brooks, Chicoine, Cutler, Davis, Derby, Diedtrich (Elmer), Fiegen, Fischer-Clemens, Hennies, Jaspers, McCoy, Michels, Peterson, and Sutton (Daniel) and Senators Shoener, Daugaard, Hutmacher, Kloucek, Madden, Olson, Paisley, and Rounds

     FOR AN ACT ENTITLED, An Act to allow equitable relief where amendments or change orders to existing construction contracts are found void.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1082 Introduced by: Representatives Brooks, Brown (Richard), Davis, Fischer- Clemens, Koetzle, Lucas, McCoy, Peterson, Volesky, Waltman, and Wilson and Senators Madden, Brosz, Brown (Arnold), Hainje, Ham, Moore, Munson (David), and Symens

     FOR AN ACT ENTITLED, An Act to provide funding to school districts for operating a school term greater than one hundred seventy-five days.

     Was read the first time and referred to the Committee on Education.

     HB 1083 Introduced by: Representatives Kooistra, Cerny, Crisp, Davis, Fischer-Clemens, Garnos, Haley, Kazmerzak, Klaudt, Lockner, Lucas, McCoy, McIntyre, Munson (Donald), Patterson, Peterson, Slaughter, Volesky, and Wilson and Senators Olson, Dunn (Rebecca), Moore, Symens, and Valandra

     FOR AN ACT ENTITLED, An Act to appropriate money for leveraging educational assistance partnership program grants.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1084 Introduced by: Representatives Fischer-Clemens, Haley, and Sebert and Senator Olson

     FOR AN ACT ENTITLED, An Act to authorize the construction of a state veterans' cemetery and to make an appropriation therefor.

     Was read the first time and referred to the Committee on Appropriations.

HB 1085 Introduced by: Representatives Fischer-Clemens, Burg, Haley, and Roe and Senators Olson, Brown (Arnold), Hainje, and Symens

FOR AN ACT ENTITLED, An Act to clarify that certain group policies are required to provide coverage for biologically-based mental illnesses and diabetes supplies, equipment, and education.

Was read the first time and referred to the Committee on Commerce.

     HB 1086 Introduced by: Representatives Duniphan and Chicoine and Senators Ham and Reedy

     FOR AN ACT ENTITLED, An Act to revise the type of machinery that may be purchased for maintaining municipal cemeteries.

     Was read the first time and referred to the Committee on Local Government.

     HB 1087 Introduced by: Representatives Volesky, Davis, Fischer-Clemens, Haley, Hanson, Hennies, Koehn, Lucas, McIntyre, and Waltman and Senators Valandra, Hutmacher, and Lawler

     FOR AN ACT ENTITLED, An Act to provide for nursing home construction on an Indian reservation.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1088 Introduced by: Representatives Volesky, Burg, Cerny, Chicoine, Davis, Fischer- Clemens, Hanson, Kazmerzak, Koetzle, Lockner, Lucas, McIntyre, Nachtigal, Patterson, Sutton (Daniel), Waltman, and Wilson and Senators Duxbury, Dennert, Flowers, Hutmacher, and Olson

     FOR AN ACT ENTITLED, An Act to revise the index factor in the state aid to education formula.

     Was read the first time and referred to the Committee on Education.

     HB 1089 Introduced by: Representatives Volesky, Burg, Cerny, Chicoine, Davis, Fischer- Clemens, Haley, Hanson, Kazmerzak, Koetzle, Lockner, Lucas, McIntyre, Patterson, Sutton (Daniel), and Waltman and Senators Duxbury, Dunn (Rebecca), Kloucek, Lange, Lawler, Reedy, and Valandra

     FOR AN ACT ENTITLED, An Act to require the provision of health insurance coverage for diagnostic screening for prostate cancer.

     Was read the first time and referred to the Committee on Commerce.

HB 1090 Introduced by: Representatives Volesky, Chicoine, Davis, Haley, Hanson, Koetzle, Lockner, Nachtigal, and Waltman and Senators Moore, Dennert, Dunn (Rebecca), Flowers, Kloucek, Lange, Symens, and Valandra

FOR AN ACT ENTITLED, An Act to establish the tobacco settlement health trust fund and the tobacco settlement interest health trust fund and to establish the South Dakota tobacco settlement trust fund committee.

Was read the first time and referred to the Committee on State Affairs.

     HB 1091 Introduced by: Representatives Volesky, Burg, Cerny, Chicoine, Fischer- Clemens, Haley, Kazmerzak, Koetzle, McIntyre, Nachtigal, Patterson, Sutton (Daniel), Waltman, and Wilson and Senators Lange, Dennert, Dunn (Rebecca), Flowers, Moore, and Valandra

     FOR AN ACT ENTITLED, An Act to establish the A+ schools program and the A+ schools partnership fund.

     Was read the first time and referred to the Committee on Education.

     HB 1092 Introduced by: Representatives Konold, Brown (Jarvis), Crisp, Diedtrich (Elmer), Pummel, Smidt, and Wetz and Senators Madden and Brosz

     FOR AN ACT ENTITLED, An Act to provide for the regulation of home inspectors.

     Was read the first time and referred to the Committee on Commerce.

     HB 1093 Introduced by: Representatives Konold and Pummel and Senator Madden

     FOR AN ACT ENTITLED, An Act to revise the procedure for assessing property.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1094 Introduced by: Representatives Wudel, Apa, Broderick, Brooks, Brown (Jarvis), Clark, Crisp, Diedrich (Larry), Diedtrich (Elmer), Duenwald, Duniphan, Earley, Engbrecht, Fitzgerald, Fryslie, Garnos, Hennies, Jaspers, Juhnke, Klaudt, Koehn, Konold, Kooistra, Koskan, Lintz, McCoy, McNenny, Michels, Monroe, Munson (Donald), Napoli, Pummel, Putnam, Richter, Slaughter, Smidt, Solum, Sutton (Duane), Wetz, and Young and Senators Benson, Albers, Bogue, Brosz, Dennert, Drake, Frederick, Hainje, Lange, Symens, and Valandra

     FOR AN ACT ENTITLED, An Act to create tobacco settlement funds in the state treasury.

     Was read the first time and referred to the Committee on State Affairs.

HB 1095 Introduced by: Representatives Hunt, Diedrich (Larry), Fischer-Clemens, Koehn, Monroe, Volesky, and Young and Senators Lawler, Flowers, Hutmacher, Kleven, and Moore

FOR AN ACT ENTITLED, An Act to authorize professional corporations, limited liability companies, or limited liability partnerships owned by certain health care professionals of more than one profession.

Was read the first time and referred to the Committee on Judiciary.

     HB 1096 Introduced by: Representatives Wetz, Apa, Brown (Richard), Diedrich (Larry), Duenwald, Earley, Eccarius, Hunt, Jaspers, Konold, Koskan, Lintz, McNenny, Napoli, Pummel, Sutton (Duane), and Young and Senators Madden, Brown (Arnold), Drake, Dunn (Jim), Everist, Kleven, and Vitter

     FOR AN ACT ENTITLED, An Act to assign liability for certain attempts to prevent or delay the control or eradication of weeds and pests.

     Was read the first time.

     HB 1097 Introduced by: Representatives McCoy, Brooks, Fitzgerald, and Roe and Senators Olson, Albers, and Drake

     FOR AN ACT ENTITLED, An Act to require sellers of tobacco and alcohol to retain the age-bearing documents of persons suspected of misrepresenting their age for the purpose of purchasing those products and to require community service of those who misrepresent their ages for the purpose of purchasing tobacco and alcohol.

     Was read the first time.

     HB 1098 Introduced by: Representatives McCoy, Brooks, Fitzgerald, Roe, and Waltman and Senators Reedy, Albers, and Madden

     FOR AN ACT ENTITLED, An Act to require notification of the cancellation or termination of certain motor vehicle insurance policies and to provide for the revocation of vehicle licenses and registration unless coverage is secured.

     Was read the first time.

     HB 1099 Introduced by: Representatives Koehn, Diedtrich (Elmer), Hanson, Hennies, Hunt, Klaudt, Kooistra, McCoy, Monroe, Patterson, and Smidt and Senators Symens, Flowers, Hutmacher, Kleven, Madden, Moore, and Vitter

     FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to the privileges of doctors of chiropractic.

     Was read the first time.

     HB 1100 Introduced by: Representatives Michels, Brown (Jarvis), Fischer-Clemens, Hunt, Koehn, McIntyre, Slaughter, Wilson, and Young and Senators Everist, Daugaard, Dunn (Rebecca), Flowers, and Moore

     FOR AN ACT ENTITLED, An Act to allow certain nurses to form limited liability partnerships and limited liability companies.

     Was read the first time.

     HB 1101 Introduced by: Representatives Michels, Apa, Chicoine, Duniphan, Engbrecht, Hennies, Koehn, McCoy, Napoli, Sutton (Duane), and Wilson and Senators Olson, Everist, Hutmacher, Munson (David), Reedy, Shoener, and Staggers

     FOR AN ACT ENTITLED, An Act to revise the grounds for revocation or suspension of an alcoholic beverage license.

     Was read the first time.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1011: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the circulation of petitions.

Was read the second time.

     The question being "Shall HB 1011 pass?"

     And the roll being called:

     Yeas 56, Nays 8, Excused 6, Absent and Not Voting 0

     Yeas were:
Broderick; Brooks; Brown (Jarvis); Brown (Richard); Burg; Cerny; Chicoine; Crisp; Cutler; Davis; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McIntyre; McNenny; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Wetz; Wilson; Wudel; Young; Speaker Hunt

Nays were:
Apa; Fiegen; Koehn; McCoy; Michels; Monroe; Munson (Donald); Napoli

Excused were:
Clark; Derby; Hagen; Nachtigal; Solum; Weber

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

HB 1012: FOR AN ACT ENTITLED, An Act to provide for an increase in legislative per diem.

Was read the second time.

     The question being "Shall HB 1012 pass?"

     Yeas 43, Nays 21, Excused 6, Absent and Not Voting 0

     Yeas were:
Brooks; Brown (Richard); Burg; Cerny; Cutler; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Fischer-Clemens; Fitzgerald; Haley; Hanson; Heineman; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Koskan; Lintz; Lockner; McCoy; McIntyre; McNenny; Munson (Donald); Patterson; Peterson; Pummel; Putnam; Richter; Roe; Slaughter; Smidt; Sutton (Duane); Waltman; Wetz; Wudel; Young; Speaker Hunt

Nays were:
Apa; Broderick; Brown (Jarvis); Chicoine; Crisp; Davis; Eccarius; Engbrecht; Fiegen; Fryslie; Garnos; Konold; Kooistra; Lucas; Michels; Monroe; Napoli; Sebert; Sutton (Daniel); Volesky; Wilson

Excused were:
Clark; Derby; Hagen; Nachtigal; Solum; Weber

So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed and the title was agreed to.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 34: FOR AN ACT ENTITLED, An Act to eliminate differential treatment between insurance licensees and to allow monetary penalties in lieu of licensure denial.

Was read the first time and referred to the Committee on Commerce.

SB 35: FOR AN ACT ENTITLED, An Act to provide for additional grounds for an order of ineligibility for a surplus lines insurer.

Was read the first time and referred to the Committee on Commerce.

SB 37: FOR AN ACT ENTITLED, An Act to change the expiration period for certain temporary cosmetology permits.

Was read the first time and referred to the Committee on Commerce.

SB 40: FOR AN ACT ENTITLED, An Act to revise certain water supply and treatment system operator certification provisions to comply with the requirements of the federal Safe Drinking Water Act.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee for the purpose of arranging a Joint Session to hear a report by the Governor, the Honorable William J. Janklow, concerning the topics of juvenile corrections and the tobacco settlement money.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has adopted the report of the Joint-Select Committee relative to making arrangements for a memorial recognition of deceased former members of the House and Senate.

Respectfully,
Patricia Adam, Secretary

There being no objection, the House reverted to Order of Business No. 6.

REPORTS OF SELECT COMMITTEES

MR. SPEAKER:

Your Joint-Select Committee appointed to make arrangements for legislative days respectfully reports that we recommend the days of the Seventy-fifth Legislative Session be January 11 through January 15, January 18 through January 21, January 24 through January 28, January 31 through February 4, February 7 through February 11, February 14 through February 18, February 22 through February 26, and March 14.

Respectfully submitted, Respectfully submitted,
Roger Hunt Harold W. Halverson

Orville Smidt    M. Michael Rounds
Pat Haley    Mel Olson
House Committee    Senate Committee

Rep. Cutler moved that the report of the Joint-Select Committee relative to making arrangements for the legislative days be adopted.

Which motion prevailed and the report was adopted.

Pursuant to the Joint-Select Committee Report found on page 30 of the House Journal, the following are the Senate Rules, the House Rules, and the Joint Rules of the Seventy-fifth Legislative Session:

SENATE RULES
Table of Contents

CHAPTER 1. PRESIDING OFFICER
CHAPTER 2. FLOOR PRIVILEGES, SEATING, AND MEETINGS
CHAPTER 3. OFFICERS AND EMPLOYEES
CHAPTER 4. COMMITTEES
CHAPTER 5. RULES
CHAPTER 6. CONSENT CALENDAR
CHAPTER 7. NOMINATIONS FROM THE GOVERNOR

CHAPTER 1. PRESIDING OFFICER

CONSTITUTIONAL PROVISIONS

Art. IV, Sec. 5. Powers and duties of lieutenant governor.

THE LIEUTENANT GOVERNOR SHALL BE PRESIDENT OF THE SENATE BUT SHALL HAVE NO VOTE UNLESS THE SENATORS BE EQUALLY DIVIDED.

RULES

S1-1. President pro tempore presides in absence of president. If the president is absent or unable to serve, the president pro tempore shall act as presiding officer of the Senate. The acts of the president pro tempore have the same validity as those of the president.

S1-2. Presiding officer in absence of president and president pro tempore. If the president and the president pro tempore are absent or unable to serve, any member called to the chair by the Senate may serve as presiding officer. When in session, the presiding officer, in the absence of the pro tempore, may designate any member to perform the duties of the presiding officer,

but the designation may not extend beyond an adjournment. The acts of such a member have the same validity as those of the president.

CHAPTER 2. FLOOR PRIVILEGES, SEATING, AND MEETINGS

S2-1. Access to chamber and lobbies. Except as otherwise provided in Joint Rule 2-1, no person, except current legislators and legislative employees, may enter the Senate chamber or space reserved for members of the Legislature adjacent to the Senate chamber at any time during a session or for the period of three hours preceding a session except upon invitation of a member of the Senate. However, under no circumstances may a lobbyist enter the chamber or reserved space for a period of three hours preceding a session or thirty minutes after adjournment of the Senate.

S2-2. Seating assignments. The president pro tempore of the Senate, with the advice of the minority leader, shall make the seating assignments for the floor of the Senate.

S2-3. Hour of meeting. The hour of meeting of the Senate is 2:00 p.m. on each legislative day unless otherwise ordered by the Senate.

S2-4. Introduction of honored guests. Any Senator may, with the prior approval of the presiding officer, present honored guests for introduction on the floor of the chamber. Any honored guest should be a representative of some noteworthy event, charity, or benevolent organization or the recipient of some significant honor, title, or award and shall be briefly conducted onto the Senate floor from the legislators' side lobby. However, all such presentations may only occur during the first hour of business, and the honored guests may not address any remarks to the Senate. Introduction shall be made by the Presiding Officer or their designee.

CHAPTER 3. OFFICERS AND EMPLOYEES

S3-1. Elective officers. The officers of the Senate are a president pro tempore of the Senate, a secretary of the Senate and such other officers necessary to conduct the business of the Senate, who shall be formally elected by a majority vote of the members-elect of the Senate. Employees necessary to conduct the business of the Senate shall be appointed by the president pro tempore and their appointment shall be announced at the opening of the session.

CHAPTER 4. COMMITTEES

S4-1. Standing committees. The presiding officer of the Senate shall announce the members of the following standing committees after their selection by the president pro tempore and the minority leader. The number of members is indicated after each committee:

     1. Agriculture and Natural Resources (9)
     2. Appropriations (10)
     3. Commerce (7)
     4. Education (7)
     5. Government Operations and Audit (3)
     6. Health and Human Services (7)
     7. Judiciary (7)

     8. Legislative Procedure (7)
     9. Local Government (7)
    10. Retirement Laws (5)
    11. State Affairs (9)
    12. Taxation (9)
    13. Transportation (7)

The president of the Senate is an ex officio member of the committee on legislative procedure.

S4-2. Chairs of standing committees. The president pro tempore of the Senate shall serve as the chair of the legislative procedure committee. For other committees, the member of a committee announced first is the chair. In the absence of the chair, the member announced next shall act as chair, and so on as often as necessary.

CHAPTER 5. RULES

S5-1. Adoption, suspension, or amendment of rules. A motion to adopt the rules of the Senate shall be decided by a majority of the members-elect, subject to debate. A motion to suspend or amend a rule of the Senate shall be decided by a two-thirds majority of the members- elect, subject to debate.

S5-2. Proceedings governed by Mason's Manual. Mason's Manual of Legislative Procedure governs the proceedings of the Senate in all cases not covered by these rules or the Joint Rules.

S5-3. Conflicting rules. If the Senate rules and the Joint Rules conflict, the Senate rules govern.

CHAPTER 6. CONSENT CALENDAR

S6-1. Consent calendar. Notwithstanding Joint Rule 13-1, a bill requiring a two-thirds vote of the members-elect may not be voted on the Senate consent calendar. If such a bill is placed on the Senate consent calendar, the presiding officer shall order it removed and placed on the next legislative day's regular bill calendar.

S6-2. Approval of consent calendar is final disposition. Notwithstanding Joint Rule 13-4, after allowing a reasonable time for questions from the floor on the bills and resolutions on the consent calendar and after permitting the proponents to answer the questions, the president of the Senate shall call for a vote on the consent calendar. Approval of the consent calendar by a majority of the members-elect of the Senate is considered final disposition of all the bills and resolutions on the consent calendar.

CHAPTER 7. NOMINATIONS FROM THE GOVERNOR

S7-1. Confirmation procedure. Nominations from the Governor shall be referred to a standing or select committee. A committee receiving such a referral shall conduct hearings on the fitness and qualifications of the nominee to serve in the post for which the nominee has been nominated. After the hearings and subsequent deliberations, the committee shall report to the full Senate its recommendation that the nomination should or should not receive the consent of

the Senate. Following the committee report, action on the confirmation shall be set for a day certain on the legislative calendar. In committee and on the floor, consideration of the Governor's appointments that require Senate confirmation shall take place in open session unless otherwise ordered by a majority of the body present.

S7-2. Time for taking final action. Final action on nominations by the Governor may not be taken until the second legislative day after receiving the nomination. This rule does not apply to a nomination received during the three final legislative days.

S7-3. Motion of advice and consent. On considering nominations from the Governor, the presiding officer shall put the following question: "Does the Senate advise and consent to the executive appointment of (name) pursuant to the executive message as found on page ____ of the Senate Journal?"

S7-4. Vote requirements. Confirmation of nominations from the Governor requires a majority vote of the members-elect.

S7-5. Reconsideration of vote. While a nomination from the Governor remains within the Senate, the members may reconsider any vote taken on it.

S7-6. Written notice of final action. Upon final action, the secretary of the Senate shall notify the Governor and the secretary of state in writing of the action of the body.

HOUSE RULES
Table of Contents

CHAPTER 1. PRESIDING OFFICER
CHAPTER 2. DECORUM
CHAPTER 3. COMMITTEES
CHAPTER 4. RULES
CHAPTER 5. VOTING PROCEDURE

CHAPTER 1. PRESIDING OFFICER

STATUTORY PROVISIONS

§ 2-5-3. Elective officers of house.

The elective officers of the house of representatives shall be a speaker and a speaker pro tempore, who shall be members of that body, one chief clerk and such other officers as shall be necessary to properly conduct the business of the house of representatives.

§ 2-5-3.1. Tie vote for organizing house of representatives.

In the event that there is a tie vote for purposes of organizing the house of representatives then, for the purposes of organization, the political party's candidate for speaker of the house,

speaker pro tempore and clerk, then having a member of its party duly elected as the Governor of the state of South Dakota shall be deemed to be elected.

RULES

H1-1. Elective officers, employees. The officers of the House of Representatives are a speaker, a speaker pro tempore, a chief clerk and such other officers necessary to conduct the business of the House, who shall be formally elected by a majority vote of the members-elect of the House. Employees necessary to conduct the business of the House shall be appointed and announced by the speaker.

H1-2. Actions of the speaker pro tempore, other presiding officers. The speaker pro tempore shall act as presiding officer of the House of Representatives if the speaker is absent or unable to serve. The acts of the speaker pro tempore have the same validity as those of the speaker. If the speaker and the speaker pro tempore are absent or unable to serve, any member called to the chair by the House of Representatives may serve as presiding officer. When in session, the presiding officer, in the absence of the pro tempore, may designate any member to perform the duties of the presiding officer, but the designation may not extend beyond an adjournment. The member's actions have the same validity as those of the speaker.

H1-3. Votes by the speaker. The speaker shall vote on all questions taken by yeas and nays and shall vote in any election or division called for by any member. The speaker may, by relinquishing the chair, assume all rights and privileges of a member of the House.

H1-4. Hour of meeting. The hour of meeting of the House of Representatives is 2 p.m. on each legislative day unless otherwise ordered by the House.

H1-5. Seating assignments. The speaker of the House shall, with the advice of the majority and minority leaders, make seating assignments for the floor of the House of Representatives.

CHAPTER 2. DECORUM

H2-1. Access to chambers and lobbies. Except as otherwise provided in Joint Rule 2-1, no person, except current legislators and legislative employees, may enter the chamber of the House of Representatives or space reserved for members of the Legislature adjacent to the chamber at any time during a session or for the period of three hours preceding a session except upon invitation of a member of the House. However, under no circumstances may a lobbyist enter the chamber or reserved space for a period of three hours preceding a session or thirty minutes after adjournment of the House of Representatives.

H2-2. Speaker's power to maintain order. The Speaker may have any member of the House temporarily removed in order to preserve order and decorum.

H2-3. Disciplinary committee regarding misconduct. Either upon written motion from the floor or a written complaint of disorderly conduct of any member filed with the speaker by any two members and made within two legislative days following the alleged misconduct, the Speaker may appoint a disciplinary committee for purposes of receiving testimony and evidence regarding the alleged misconduct. The committee shall report its findings and recommendations

to the body within three legislative days following the appointment of the committee. The committee may dismiss the complaint or in addition to, or in lieu of, expulsion under Joint Rule 1-11, recommend appropriate sanctions, including but not limited to, restricting or withholding a member's speaking privileges on the floor for a reasonable period of time, direct that an apology be made to the body, issue an oral or written reprimand, or issue such other punishment as the committee deems appropriate. The committee report setting forth such recommendation may not be amended but shall be subject to the approval of a majority vote of the members- elect.

CHAPTER 3. COMMITTEES

H3-1. Appointment of standing committees. The speaker of the House of Representatives shall, with advice from the minority leader, appoint the members of the following standing committees with the number of members as indicated after each committee and shall appoint the chair and vice chair of each committee:

     1. Agriculture and Natural Resources (13)
     2. Appropriations (10)
     3. Commerce (13)
     4. Education (13)
     5. Government Operations and Audit (3)
     6. Health and Human Services (12)
     7. Judiciary (13)
     8. Legislative Procedure (7)
     9. Local Government (13)
    10. Retirement Laws (5)
    11. State Affairs (13)
    12. Taxation (13)
    13. Transportation (13)

In the absence of the committee chair, the vice chair shall act as chair. The speaker and speaker pro tempore are members of the legislative procedure committee, and the speaker shall serve as chair of the legislative procedure committee.

CHAPTER 4. RULES

H4-1. Adoption, suspension or amendment of House rules. A motion to adopt rules of the House of Representatives shall be decided by a majority of the members-elect and is subject to debate. A motion to suspend or amend a rule of the House of Representatives shall be decided by a two-thirds majority of the members-elect and is subject to debate.

H4-2. Proceedings governed by Mason's Manual. Mason's Manual of Legislative Procedure governs the proceedings of the House of Representatives in all cases not covered by these rules or the joint rules.

H4-3. Conflicting rules. If the rules of the House of Representatives and the joint rules conflict, the rules of the House of Representatives govern.

CHAPTER 5. VOTING PROCEDURE

H5-1. Electronic voting system. The electronic voting system is under the control of the presiding officer and shall be operated at the presiding officer's direction by the chief clerk or the chief clerk's designee. The names of the members shall be listed on the electronic roll call board in alphabetical order, except the name of the speaker of the House, which shall be last.

H5-2. Votes to be taken on the electronic system. On any question requiring the "yeas" and "nays" to be entered upon the journal, the electronic voting system shall be used. On any such question, neither individual votes nor vote totals may be displayed to any person including the presiding officer until the time for voting has expired and the voting system has been locked. If the electronic voting system is not in operating order at the time to vote on any such question, the presiding officer shall order that all "yea" and "nay" votes be taken by calling the roll in alphabetical order, except the name of the speaker of the House, which shall be last.

H5-3. Other votes. On all other questions to be voted upon, except upon elections, the presiding officer may order the "yeas" and "nays" to be taken by the electronic voting system, voice vote, or standing vote. Upon demand of a member requesting a division before the result of a vote has been announced by the presiding officer, the "yeas" and "nays" shall be taken by the electronic voting system.

H5-4. Electronic voting system malfunctions. The vote of any member which has not been recorded because of malfunction of the electronic voting system shall be entered upon the journal, if the member was in the House chamber at the time of the vote and voted at the appropriate time, and the malfunction is reported to the presiding officer before the presiding officer's announcement of the result of the vote.

H5-5. Voting procedures. When the House is ready to vote upon any question using the electronic voting system, the presiding officer shall state: "The question is . . . (designating the matter to be voted upon). All in favor of such question shall vote 'yea', all opposed shall vote 'nay'." The presiding officer shall then direct the chief clerk to unlock the voting system and announce, "The House will now proceed to vote."

When, in the judgment of the presiding officer, reasonable time has been allowed all members present in the House to vote, the presiding officer shall ask the question: "Have all members present voted?" After a pause, the presiding officer shall direct the chief clerk to record those members who are "Absent" or "Excused" and to lock the voting system after late votes, if any, are recorded, and to display and record the individual and total votes. The presiding officer shall then announce the vote. The chief clerk shall enter upon the journal the result in the manner provided by the joint rules of the Legislature.

H5-6. Changing votes. Any member may change a vote after the vote recording equipment has started to operate if the member rises and, when recognized by the presiding officer, announces the change before the result of the vote has been announced by the presiding officer.

H5-7. Voting records. On any question requiring the "yeas" and "nays" to be entered upon the journal, the chief clerk shall retain one copy of the recorded vote on the electronic voting system and provide it for purposes of the daily journal.

H5-8. Members to vote electronically from their desks, exceptions. A member may vote on the electronic voting system only when at the member's desk. However, the presiding officer may authorize the chief clerk to call the names of members who are on the floor but not at their desks at the time of a vote and to record the votes of such members on the electronic voting system. If a member other than the speaker of the House is presiding, the chief clerk shall switch the voting system to allow the designated member presiding to vote in the presiding officer's station.

H5-9. Voting by proxy prohibited. No member may vote for another member; nor may any other person cast a vote for a member, except as otherwise provided in these rules. Any member who votes or attempts to vote for another member, or a person not a member who votes or attempts to vote for a member, is in contempt of the House and may be punished pursuant to law.

H5-10. Tampering with electronic voting equipment prohibited. Any member or other person who willfully tampers with or attempts to disarrange, deface, impair or destroy in any manner whatsoever the electronic voting equipment used by the House of Representatives, or who instigates, aids or abets with the intent to destroy or change the record of votes thereon, is in contempt of the House and may be punished pursuant to law.

H5-11. Voting machine for session use only. The electronic voting equipment may only be used when the House of Representatives is in session.

JOINT RULES
Table of Contents

CHAPTER 1.    PRESIDING OFFICER - ORDER AND DEBATE
CHAPTER 1A.    DECORUM
CHAPTER 2.    MEETINGS, QUORUMS, AND ATTENDANCE
CHAPTER 3.    LEGISLATIVE EMPLOYEES
CHAPTER 4.    ORDER OF BUSINESS
CHAPTER 5.    MOTIONS
CHAPTER 6.    BILLS, RESOLUTIONS, AND COMMEMORATIONS

             A.    FORM OF BILLS - DEFINITIONS OF RESOLUTIONS - GENERAL     PROVISIONS
    B.    INTRODUCTION AND SPONSORSHIP
    C.    FISCAL NOTES AND ACTUARIAL STATEMENTS
    D.    FIRST READING AND REFERRAL
    E.    AMENDMENTS AND SUBSTITUTE BILLS
    F.    SECOND READING
    G.    PRINTING, ENGROSSING, AND ENROLLING
    H.    COMMEMORATIONS
    I.    COMPUTERIZED INFORMATION SYSTEM
CHAPTER 7.    COMMITTEES
CHAPTER 8.    CONFERENCE COMMITTEES
CHAPTER 9.    COMMITTEE OF THE WHOLE
CHAPTER 10.    JOURNAL

CHAPTER 11.    RULES
CHAPTER 12.    VOTING REQUIREMENTS AND PROCEDURE
CHAPTER 13.    CONSENT CALENDAR

                                CHAPTER 14.     EFFECTIVE DATE OF LEGISLATION AND VETO CONSIDERATIONS
CHAPTER 15.    INTER-HOUSE COMMUNICATIONS AND TRANSMISSIONS
CHAPTER 16.    JOINT SESSION
CHAPTER 17.    LEGISLATIVE DEADLINE DATES

CHAPTER 1. PRESIDING OFFICER - ORDER AND DEBATE

CONSTITUTIONAL PROVISIONS

Art. III, Sec. 19. Signing of bills and resolutions.

THE PRESIDING OFFICER OF EACH HOUSE SHALL, IN THE PRESENCE OF THE HOUSE OVER WHICH HE PRESIDES, SIGN ALL BILLS AND JOINT RESOLUTIONS PASSED BY THE LEGISLATURE, AFTER THEIR TITLES HAVE BEEN PUBLICLY READ IMMEDIATELY BEFORE SIGNING, AND THE FACT OF SIGNING SHALL BE ENTERED UPON THE JOURNAL.

STATUTORY PROVISIONS

§ 2-4-9. Disturbance or disorderly conduct in Legislature as misdemeanor.

Every person who intentionally disturbs the Legislature of this state, or either of the branches composing it, while in session, or who commits any disorderly conduct in the immediate view and presence of either branch of the Legislature tending to interrupt its proceedings or impair the respect due to its authority, is guilty of a Class 2 misdemeanor.

§ 2-4-14. Contempt of Legislature - Punishment.

The senate or the house may punish, as a contempt, by imprisonment, a breach of its privileges or the privileges of its members; but only for one or more of the following offenses:

            (1) Knowingly arresting a member or officer of the senate or the house, or procuring such member or officer to be arrested in violation of his privilege from arrest;

            (2) Disorderly conduct in the immediate view of the senate or the house, and directly tending to interrupt its proceedings;

            (3) Refusing to be examined as a witness either before the senate or the house, or a committee thereof, or before any person authorized to take testimony in legislative proceedings;

            (4) Giving or offering a bribe to a member, or attempting, by menace or other corrupt means or device, directly or indirectly, to control or influence a member in giving his vote, or to prevent his giving the same; but the term of imprisonment which the senate or house

may impose for any contempt specified in this section shall not extend beyond the session of the Legislature.

§ 2-7-22. Forfeiture of office on conviction of legislator - Disqualification from public office.

The conviction of a member of the Legislature of any crime defined in § 2-7-16 or 2-7-21 involves as a consequence, in addition to the punishment prescribed therein, a forfeiture of his office and disqualifies him from ever thereafter holding any public office under this state.

RULES

1-1. Presiding officers. The presiding officer of the Senate is the president and the presiding officer of the House of Representatives is the speaker. The presiding officer of each house shall take the chair on every legislative day at the hour to which that house adjourned at the last sitting.

1-2. Order of business. Each house shall begin each session as follows: call to order, prayer by the chaplain, pledge of allegiance, roll call, and determination of a quorum, then proceed with the daily order of business. A majority of the members present may demand that the journal for the preceding day be read.

1-3. Questions of order. The presiding officer of each house shall decide all questions of order, subject to a motion of appeal. No member may speak more than once on an appeal without the consent of a majority of the members present.

1-4. Recognition of members for remarks. When a member desires to speak, that member shall respectfully address the presiding officer. When the presiding officer recognizes the member, that member is entitled to the floor. The member first to address the presiding officer shall speak first. If two or more members address the presiding officer at the same time, the presiding officer shall name the member who is to speak first.

1-5. Time allowed for a member to speak. Each member may speak on the pending subject before any member speaks twice. No member may speak more than twice nor longer than ten minutes on the same subject without the consent of a majority of the members present. However, a member may speak an additional twenty minutes if the time is yielded by individual members of the body. In computing the time allowed for argument, the time consumed in asking questions is considered. If a member consents to the question, the time consumed by the answer is taken out of the time allowed to the person answering the question.

1-6. Questions on the floor. If a member wishes to ask a question of another member, that member shall courteously do so through the presiding officer and with the consent of the member to whom the question is addressed. Any question addressed to a member shall relate to a question before the body and shall be concisely asked for the sole purpose of obtaining information. No question may reflect upon the character or conduct of any official, contain argument or debate, or inquire about the course a member proposes to follow.

1-7. Call to order. If a member is called to order, that member shall remain silent until the presiding officer determines whether the member is in order. The decision of the presiding officer is subject to a motion of appeal.

1-8. Signing of documents by presiding officer. The presiding officer of each house shall sign all concurrent resolutions and commemorations and all writs, warrants, and subpoenas issued by the house over which the officer presides.

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, the speaker of the House and the president pro tempore of the Senate may 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.

1-10. Dissent against an act or resolution. Any two members of a house may dissent or protest in respectful language against any act or resolution which they think injurious to the public or to any individual and have the reason for their dissent or protest entered upon the journal. However, if an objection is made that the language of the dissent or protest is not respectful, a majority of the house may refer the dissent or protest back to the dissenting or protesting members for emendation.

1-11. Discipline of disorderly member. Either house may punish its members for disorderly behavior and, with concurrence of two-thirds of all members elected, expel a member. The reason for such expulsion shall be entered on the journal with the names of the members voting on the question.

CHAPTER 1A. DECORUM

1A-1. Preservation of decorum. The presiding officer of each house shall preserve order and decorum and, in the case of disturbance or disorderly conduct, may order the galleries or lobbies to be cleared.

1A-2. Smoking prohibited. Smoking is prohibited in all areas of the Capitol.

1A-3. Alcoholic beverages prohibited. No alcoholic beverage, beer, wine, or other beverage containing alcohol may be stored or consumed in any area of the Capitol that is under the control of the Legislature.

1A-4. Sexual harassment prohibited. All members are responsible for ensuring that the workplace is free from sexual harassment. All members shall avoid any action or conduct which could be viewed as sexual harassment. A member shall report any sexual harassment complaint to the presiding officer of the house to which the member belongs. If the situation is not resolved, the member shall forward the complaint to the Executive Board of the Legislative Research Council.

1A-5. Discrimination prohibited. The Legislature is an equal opportunity employer and provides equal access to facilities and services without regard to race, color, creed, religion, sex, disability, ancestry, or national origin.

1A-6. Person with a disability may request assistance. Individuals requesting assistance pursuant to the Americans with Disabilities Act must contact the Legislative Research Council at least forty-eight hours in advance of the needed assistance.

1A-7. Use of chambers for campaign photographs. Legislators and candidates for the Legislature may use the chambers for campaign photographs; however, no changes may be made to the arrangement of either chamber.

1A-8. Items distributed to the members' desks. Before any person may distribute an item to the members' desks on the floor of the Senate or the House of Representatives, that person must obtain the approval of the secretary of the Senate or the chief clerk of the House, subject to the review of the Speaker of the House and the President Pro tempore of the Senate, respectively. Any item distributed to the members' desks on the chamber floor must clearly bear the name of the item originator.

1A-9. Cellular telephones prohibited. Cellular telephones may not be used in either chamber or gallery while the legislature is in session.

CHAPTER 2. MEETINGS, QUORUMS, AND ATTENDANCE

CONSTITUTIONAL PROVISIONS

Art. III, Sec. 7. Convening of annual sessions.

THE LEGISLATURE SHALL MEET AT THE SEAT OF GOVERNMENT ON THE SECOND TUESDAY OF JANUARY AT 12 O'CLOCK M. AND AT NO OTHER TIME EXCEPT AS PROVIDED BY THIS CONSTITUTION.

Art. III, Sec. 15. Open legislative sessions - Exception.

THE SESSIONS OF EACH HOUSE AND OF THE COMMITTEE OF THE WHOLE SHALL BE OPEN, UNLESS WHEN THE BUSINESS IS SUCH AS OUGHT TO BE KEPT SECRET.

Art. III, Sec. 16. Adjournment of legislative houses.

NEITHER HOUSE SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH THE TWO HOUSES SHALL BE SITTING.

Art. III, Sec. 9, Par. 2. Quorum.

A MAJORITY OF THE MEMBERS OF EACH HOUSE SHALL CONSTITUTE A QUORUM, BUT A SMALLER NUMBER MAY ADJOURN FROM DAY TO DAY, AND MAY COMPEL THE

ATTENDANCE OF ABSENT MEMBERS IN SUCH A MANNER AND UNDER SUCH PENALTY AS EACH HOUSE MAY PROVIDE.

RULES

2-1. Those permitted on the floor during session. In addition to current legislators, only the following persons are entitled to the floor of the House of Representatives or Senate during sessions: justices of the Supreme Court or persons who are or have been Governor, Lieutenant Governor, or members of the Congress of the United States from South Dakota; former members of the South Dakota Legislature, except those currently serving in any elective state or local office other than Governor or Lieutenant Governor; current legislative employees; and news reporters. However, these persons may not be on the floor if acting in a manner to influence legislation. No other person may be admitted to the floor without consent of the presiding officer.

2-2. Call of the house. One-sixth of the members-elect of either house may compel the attendance of absent members by ordering a call of the house of which they are members, but a call of the house may not be made after voting commences.

2-3. Procedure after a call of the house. When a call of the house is ordered, the doors shall be closed and the absentees noted. No member may leave the room until permission is given by the presiding officer, the sergeant at arms' report is received and acted upon, or the house is adjourned. Until the sergeant at arms' report is received, proceedings under the call may not be suspended except by two-thirds of the members present.

CHAPTER 3. LEGISLATIVE EMPLOYEES

CONSTITUTIONAL PROVISIONS

Art. III, Sec. 9, Par. 3. Rules of proceedings--Officers and employees.

EACH HOUSE SHALL DETERMINE THE RULES OF ITS PROCEEDINGS, SHALL CHOOSE ITS OWN OFFICERS AND EMPLOYEES AND FIX THE PAY THEREOF, EXCEPT AS OTHERWISE PROVIDED IN THIS CONSTITUTION.

STATUTORY PROVISIONS

§ 2-5-2. Elective officers of senate.

The elective officers of the senate shall be a president pro tempore of the senate, who shall be a member of that body, one secretary and such other officers as shall be necessary to properly conduct the business of the senate.

§ 2-5-3. Elective officers of house.

§ 2-5-5. Appointment of legislative employees by presiding officers.

The presiding officer of the house of representatives shall appoint employees necessary to properly conduct the business of the house and the president pro tempore shall appoint employees necessary to properly conduct the business of the senate.

§ 2-5-8. Determination of amount of compensation of legislative employees.

All elective and appointed officers and employees of the senate and house of representatives designated in §§ 2-5-2, 2-5-3 and 2-5-5 shall receive compensation determined and agreed upon by a joint select committee of both houses.

RULES

3-1. Appointment of legislative employees. The President Pro Tem of the Senate shall appoint all necessary employees for the Senate. The Speaker of the House shall appoint all necessary employees of the House. All employee positions shall be described in a uniform compensation and classification manual which shall be annually reviewed by the Executive Board of the Legislative Research Council and approved by the Joint Select Committee on Compensation.

3-2. Duties of the secretary of the Senate and chief clerk of the House. The secretary of the Senate and chief clerk of the House of Representatives are responsible to the President Pro Tem of the Senate or the Speaker of the House, respectively. Their duties are:

            (1) To supervise the keeping of a daily journal, the engrossing and enrolling, and the handling of bills and resolutions;

            (2) To assist the calendar committee in the preparation of a daily calendar listing motions and resolutions, committee reports to be introduced, and bills and joint resolutions ready for second reading, and to assist the calendar committee in preparation of a daily consent calendar;

            (3) To sign the certificate of origin of all bills passed by the Legislature;

            (4) To attest the signature of the presiding officer to all bills, memorials, resolutions, commemorations, writs, warrants, and subpoenas issued by the house;

            (5) To deliver to the secretary of state at the close of each session the journals and all books, bills, documents, resolutions, and papers in possession of the Legislature;

(6) To preserve one true copy of each printed bill, joint resolution, and concurrent resolution of each legislative session; to attach the copy together with a signed certificate that it is a true and complete copy of each printed bill, joint resolution, and concurrent resolution of the legislative session; and to file such certified copies with the secretary of state within ten days after adjournment of the Legislature; and

(7) To perform all other acts appertaining to the office as may be required by the house or its presiding officer.

3-3. Office of Engrossing and Enrolling. 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 responsible to the committee chair. In each house, a secretary is provided to the minority party.

3-4. Engrossing and enrolling. The engrossing and enrolling duties of the 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 retain them 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.

3-5. Chaplains. The chief chaplain shall schedule a chaplain to serve in each house for each legislative day. The duty of the chaplain of each house is to open each day's session with a prayer.

3-6. Disputes or complaints involving a legislative session employee. Any dispute or complaint involving the competency or decorum of a legislative session employee, including any violation of SDCL 2-12, shall be referred to the President Pro Tem of the Senate or the Speaker of the House. The officer may dismiss, suspend, or otherwise discipline the employee.

3-7. Sexual harassment prohibited. All employees are responsible for ensuring that the workplace is free from sexual harassment. All employees shall avoid any action or conduct which could be viewed as sexual harassment. An employee shall report any sexual harassment complaint to the president pro tempore of the Senate, Speaker of the House or any supervisor. If the situation is not resolved, the employee shall forward the complaint to the Executive Board of the Legislative Research Council.

CHAPTER 4. ORDER OF BUSINESS

4-1. Daily order of business. After call to order, the daily order of business shall be as follows:

(1) Prayer by the chaplain and pledge of allegiance;
(2) Roll call and determination of a quorum;

                             (3)    Approval of the journal;
                             (4)    Communications and petitions;
                             (5)    Reports of standing committees;
                             (6)    Reports of select committees;
                             (7)    Messages from the other house;
                             (8)    Motions and resolutions;
                             (9)    Consideration of committee reports;
                            (10)    Introduction, first reading and reference of bills and joint resolutions originating in the house;
                            (11)    Second reading of consent calendar bills and resolutions;
                            (12)    Second reading of bills and joint resolutions originating in the house;
                            (13)    First reading and reference of bills and joint resolutions originating in the other house;
                            (14)    Second reading of bills and joint resolutions originating in the other house;
                            (15)    Announcements.

To revert to an old order of business or to pass to a new order of business requires a majority vote of the members present. Any message or communication from the Governor or other state officer may be received at any time.

4-2. Special orders. Any bill, resolution, memorial or other subject matter may be made a special order for some subsequent time by a majority vote of the members present.

4-3. Order of bills and resolutions. Each bill and resolution up for consideration under any order of business shall be listed and taken up in the order in which it is listed on the daily calendar unless otherwise ordered by a majority of the members present.

CHAPTER 5. MOTIONS

5-1. Entertainment of motions. No motion may be entertained and debated until it is seconded. Following the second of a debatable motion, the presiding officer shall first recognize the member making the motion.

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 or if each member of the body has been given a copy of the motion, the reading of that motion is automatically waived.

5-2.2. Withdrawal of motions. After a motion is stated by the presiding officer, it may not be withdrawn without unanimous consent of the members present.

5-3. Priority of motions. When a question is under debate, no motion may be made except the following motions which have precedence in the order listed:

(1) To adjourn;

    (2) To recess;
    (3) To call the house;
    (4) To lay on the table;
    (5) To call the previous question;
    (6) To defer indefinitely;
    (7) To defer to a day certain;
    (8) To refer to committee;
    (9) To amend.

5-4. Priority of motion for adjournment. A motion for adjournment is always in order, unless the roll is being called or the previous question has been ordered, and shall be decided without debate.

5-5. Application and nondebatability of motions to lay on the table. A motion to lay on the table which effects a disposition on the merits of any bill or resolution requires the vote of a majority of the members-elect to carry and shall be decided without debate. Any other motion to lay on the table requires the vote of a majority of the members present and shall be decided without debate. No member may make introductory remarks prior to making a motion to lay on the table.

5-5.1. Scope of motions to lay on the table. A motion to lay on the table may be made so as to apply either to the main question or to a proposed amendment or to the bill and all pending amendments, and the motion shall clearly state to which it is intended to apply.

5-5.2. Motion to take from the table. Whenever any bill or resolution is laid on the table, it requires a majority vote of the members-elect to take it from the table. The motion to take from the table is debatable.

5-5.3. Scope of motion to defer to day certain beyond sine die. The rules pertaining to motions to table and to defer to a day certain beyond sine die shall be the same except that a motion to defer to a day certain beyond sine die is debatable.

5-6. Motion to call the previous question. A motion for the previous question shall be decided immediately by a majority of the members present and without debate. The motion shall clearly indicate the question to which it applies. No member may make introductory remarks prior to making a motion to call the previous question. The effect of adopting a motion to call the previous question is to close debate, to prevent the moving of amendments or other subsidiary motions, and to bring to vote immediately the question to be voted upon. The effect of defeating a motion to call the previous question is to allow continuation of debate on the question before the house.

5-7. Priority of vote after call of the previous question. After a motion to call the previous question has prevailed, it is not in order to move a call of the house or to move to adjourn, prior to a decision of the question before the house.

5-8. Dilatory motions to defer or refer. If a motion to defer to a day certain, to defer indefinitely or to refer to committee is decided in the negative, such motion is not again in order at the same stage of consideration of the bill or proposition.

5-8.1. Motion to postpone as final action. A motion to defer indefinitely or to a date beyond the sine die adjournment of the Legislature requires the vote of a majority of the members-elect.

5-9. Division of the question. Any member may call for a division of the question. The presiding officer shall divide the question if it contains questions so distinct that, one being taken away, the rest may stand as a separate proposition.

5-10. Motions to strike the enacting clause. A motion to strike the enacting clause of a bill has precedence to a motion to amend, and if carried, is equivalent to the rejection of the bill.

5-11. Notice of intention to reconsider. Notice of intention to move for reconsideration shall be made before the body proceeds to the next item of business. If any member fails to give notice of intention to reconsider, the vote on a question shall be deemed to have been moved for reconsideration and such motion for reconsideration to have been laid on the table.

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 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.

5-12. Failure to make timely motion for reconsideration. If any member has given notice of intent to move for reconsideration and does not move for reconsideration before the stated deadline, the presiding officer shall immediately state that any member may move for reconsideration.

5-13. Motion for reconsideration during final legislative days. During the seven final legislative days, any member who has given notice of intent to move for reconsideration shall make such motion at a time prior to the conclusion of business on the legislative day that the question sought to be reconsidered was acted upon. Such motion may be made at any time prior to adjournment.

5-13.1. Immediate consideration of emergency measures. If the affirmative vote for a bill containing an emergency clause is less than two-thirds but more than one-half of the members- elect, the vote shall be immediately reconsidered.

5-14. Germaneness of amendments. No motion to amend a bill is in order unless it is germane to the subject as expressed in the title of the bill.

5-15. Order of questions. All questions, other than privileged questions as listed in Joint Rule 5-3, shall be put in the order they are moved.

5-16. Limitations on number of motions to amend and substitute motions. When a motion or proposition is under consideration, a motion to amend and a motion to amend that

amendment is in order. It is also in order to offer a further amendment as a substitute, but such substitute is not subject to amendment.

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 fourteen days of the session. This rule cannot be invoked more than two times on the same bill in each house.

5-17.1. Motion to delay action on amendments is nondebatable. No member invoking Joint Rule 5-17 may speak to the merits of the amendment or make any other introductory remarks.

CHAPTER 6. BILLS, RESOLUTIONS, AND COMMEMORATIONS

A. FORM OF BILLS - DEFINITIONS OF RESOLUTIONS - GENERAL PROVISIONS

CONSTITUTIONAL PROVISIONS

Art. III, Sec. 21. One subject expressed in title.

NO LAW SHALL EMBRACE MORE THAN ONE SUBJECT, WHICH SHALL BE EXPRESSED IN ITS TITLE.

Art. XII, Sec. 2. Contents of general appropriation bill - Separate appropriation bills.

THE GENERAL APPROPRIATION BILL SHALL EMBRACE NOTHING BUT APPROPRIATIONS FOR ORDINARY EXPENSES OF THE EXECUTIVE, LEGISLATIVE, AND JUDICIAL DEPARTMENTS OF THE STATE, THE CURRENT EXPENSES OF STATE INSTITUTIONS, INTEREST ON THE PUBLIC DEBT, AND FOR COMMON SCHOOLS. ALL OTHER APPROPRIATIONS SHALL BE MADE BY SEPARATE BILLS, EACH EMBRACING BUT ONE OBJECT, AND SHALL REQUIRE A TWO-THIRDS VOTE OF ALL THE MEMBERS OF EACH BRANCH OF THE LEGISLATURE.

Art. III, Sec. 18. Enacting clause - Assent by majority - Recording of votes.

THE ENACTING CLAUSE OF A LAW SHALL BE: "BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA" AND NO LAW SHALL BE PASSED UNLESS BY ASSENT OF A MAJORITY OF ALL THE MEMBERS ELECTED TO EACH HOUSE OF THE LEGISLATURE. AND THE QUESTION UPON THE FINAL PASSAGE SHALL BE TAKEN UPON ITS LAST READING, AND THE YEAS AND NAYS SHALL BE ENTERED UPON THE JOURNAL.

STATUTORY PROVISIONS

§ 2-7-21. Alteration of bill after passage as felony.

Any person who alters a bill which has been passed by the Legislature of this state, with intent to have it approved by the Governor, certified by the secretary of state, or printed or published

by the printer of the statutes, in language different from that in which it was passed by the Legislature, is guilty of a Class 6 felony.

RULES

6A-1. Legislative documents. Only bills and the following may be introduced in the Legislature:

    (1) A House or Senate resolution, which shall pertain to the affairs of one house only and require action only by the legislative chamber concerned. A House or Senate resolution may be used to express an opinion or principle of one house, to express an opinion to or request of the other house, to regulate procedure, or to refer the subject matter of bills to the Legislative Research Council;

            (2) A concurrent resolution, which shall express opinions and principles of the Legislature not having the force of law. A concurrent resolution may be used to authorize interim studies, joint rules, sessions or committees, to memorialize or instruct a department of state government, or to petition federal agencies;

            (3) A joint resolution, which shall contain matters of legislation only. A joint resolution may be used to refer a matter for referendum to the people, to place a constitutional amendment on the ballot at the next general election, to ratify proposed amendments to the United States Constitution, or to grant a water right pursuant to § 46-5-20.1;

            (4) A House or Senate resolution of disapproval as provided under Article IV, Section 8, of the South Dakota Constitution; and

            (5) A legislative commemoration, which shall express recognition of service or achievements of national or statewide importance or express sorrow over death or loss.

6A-2. Format of bills and joint resolutions. If a bill amends an existing statute, the new matter shall be underscored and the omitted matter shall be overstricken. If an entire title, chapter, section, subdivision, or subsection is to be repealed, only the code citation need be listed.

6A-3. Format of joint resolutions. If a joint resolution amends an existing provision of the Constitution, the omitted matter shall be overstricken and the new matter shall be underscored. A joint resolution shall contain sufficient introductory wording to give reasonable notice of the effect of the proposed amendment.

6A-4. Bills at the request of the Governor, executive agencies, and the Chief Justice. A bill introduced at the request of the Governor, Chief Justice of the Supreme Court, a department, board, commission, or any other agency of state government, shall indicate in the title at whose request such bill is being introduced.

6A-5. Review of bills by the Legislative Research Council. Before a bill, resolution, or commemorative may be introduced, it shall be reviewed by the Legislative Research Council for style and form. No bill or joint resolution may be submitted to the Legislative Research

Council for review less than forty-eight hours of the final introduction date for bills or joint resolutions as provided in Joint Rule Chapter 17.

6A-6. Title of repealed law. A bill introduced for the sole purpose of repealing an existing law shall include in its title the general subject to which the law relates.

6A-7. Placement of emergency clause. Any bill containing an emergency clause shall have the emergency clause added at the end of the bill.

6A-8. Title and sponsors placed on bills and resolutions. Before a bill or resolution is introduced, its title and the name or names of the member, members, or committee introducing the bill or resolution shall be printed on it.

B. INTRODUCTION AND SPONSORSHIP

STATUTORY PROVISIONS

§ 2-7-4. Prefiling of bills and resolutions with legislative research council - Rules for handling.

Any person who has been duly elected or appointed to serve during a regular session of the Legislature may file bills and resolutions with the state legislative research council at any time within thirty days prior to the convening of such regular session. Notwithstanding the provisions of § 2-7-6.1, any interim committee of the legislative research council may file bills and resolutions under the provisions of this section. The executive board of the state legislative research council shall prescribe rules for the handling and placing in proper form of such bills and resolutions, subject to the provisions of §§ 2-7-4 to 2-7-6, inclusive.

§ 2-7-5. Numbering, printing and disposition of prefiled bills - Date of introduction.

The director of the legislative research council shall, within the confines of such rules, receive such bills and resolutions, place them in proper form, assign them numbers for introduction in the proper house, and deliver copies to the printing contractor for pre-session printing. The director shall deliver the original and one copy of each bill and resolution to the secretary of the senate or the chief clerk of the house, as the case may be, on the day when the session convenes. However, the director may not deliver any prefiled bill or resolution until every sponsor of such bill or resolution has been duly sworn into office.

Upon prefiling, such bills and resolutions become the property of the Legislature and may not thereafter be withdrawn. Prefiled bills and resolutions shall be considered as introduced on the day of their delivery to each house.

§ 2-7-6.1. Committee introduction of bills and resolutions.

No bill or joint resolution may be introduced in either house of the Legislature by any committee thereof, except:

                (1) A bill or a joint resolution introduced by any standing committee of either house;

            (2) A bill or joint resolution referred to the Legislature from an interim committee of the state legislative research council; or

            (3) A bill or joint resolution introduced at the request of the Governor, an executive agency or of the chief justice of the Supreme Court.

The committee shall obtain a written request for such introduction from either the council, the Governor, department head of an executive agency, a constitutional officer or board, or the chief justice and shall retain such request in its file. Committee bills introduced on behalf of a department head of an executive agency, a constitutional officer or board may be introduced by the chairman without a vote of the committee for purposes of prefiling. Nothing in this section prohibits one or more legislators from introduction of a bill or a joint resolution.

RULES

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 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-2. Numbering of bills and resolutions. Bills shall be numbered consecutively as introduced, beginning with No. 1 for Senate bills and with No. 1001 for House bills. Resolutions shall be numbered consecutively as introduced, beginning with No. 1001 for House resolutions and with No. 1 for Senate resolutions.

6B-3. Limit on number of bills that may be introduced. No legislator may introduce as prime sponsor more than three individual bills or joint resolutions during the last three days for bill introduction prescribed by Joint Rule Chapter 17.

6B-4. Sponsorship of bills and resolutions. Any bill, joint resolution, or concurrent resolution may be introduced by any member or members of the house of origin. Any member or members of the other house may join the member or members of the house of origin in introducing the bill or resolution.

6B-5. Bill introduction by standing committees. Before a bill or joint resolution can be introduced by a standing committee pursuant to § 2-7-6.1, the bill or resolution shall have received an affirmative vote of a majority of the members of a standing committee at one of its regular meetings with a statement of such fact on a separate slip attached to the cover of the bill and signed by the chair of the committee.

6B-6. Pre-filing of agency bills. No bill or resolution introduced at the request of a department, board, commission, or any other agency of state government, except bills or resolutions introduced at the request of the Governor or Chief Justice, may be considered by the Legislature unless such bill or resolution is pre-filed with the Director of the Legislative Research Council at least forty-eight hours before the opening of a legislative session and available for introduction on the first legislative day.

6B-7. Disposition of copies of bills when introduced. An original and 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.

C. FISCAL NOTES AND ACTUARIAL STATEMENTS

RULES

6C-1. Bills and resolutions that require fiscal notes. Any bill or resolution prefiled or introduced which has an effect on the revenues, expenditures, or fiscal liability of the state shall include a fiscal note incorporating an estimate of such effect. This rule does not apply to the cost of legislative processing or appropriation measures carrying specific dollar amounts.

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. 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.

6C-2. Legislative Research Council to prepare fiscal notes. If the presiding officer determines a bill or resolution requires a fiscal note at the time of introduction, the presiding officer shall request the Director of the Legislative Research Council to prepare the fiscal note, in consultation with the Bureau of Finance and Management. The Director of the Legislative Research Council shall prepare a fiscal note for prefiled bills or resolutions.

6C-3. Deferral of bills without fiscal note. The original copy of a bill or resolution for which a fiscal note has been requested shall be stamped by the bill clerk with the initials "F.N." before referral to committee. If such bill or resolution is reported back to the house without a fiscal note, the presiding officer shall defer placing the bill or resolution on the calendar until the requested fiscal note is received, unless in the presiding officer's opinion a fiscal note is no longer required.

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. The committee may request an amended fiscal note if a bill or resolution is amended.

6C-5. Attaching fiscal note to bill. If a fiscal note is available, it shall be attached by the Office of Engrossing and Enrolling at the end of the original copy of the bill or resolution.

6C-6. Local government fiscal notes. In addition, if requested by the presiding officer or any legislator, a bill or resolution which has an effect on the revenues, expenditures, or fiscal liability of any political subdivision of the state shall have attached a fiscal note, prepared by the Director of the Legislative Research Council, in consultation with the Bureau of Finance and Management.

6C-7. Retirement system actuarial statement. Each bill introduced affecting the benefits payable by the state or a local government retirement system shall have an actuarial statement requested by the sponsor and attached to the bill. The actuarial statement shall be requested from the governing board of the retirement system affected and the statement shall identify the costs of the proposed change in the law as stated by the actuary for the affected retirement plan. If there is a doubt as to the need for an actuarial statement, the presiding officer shall make the final decision. After the bill is introduced, the Chief of Enrolling and Engrossing shall attach the actuarial statement to the original bill.

D. FIRST READING AND REFERRAL

CONSTITUTIONAL PROVISIONS

Art. III, Sec. 17. Reading of bills.

EVERY BILL SHALL BE READ TWICE, BY NUMBER AND TITLE ONCE WHEN INTRODUCED, AND ONCE UPON FINAL PASSAGE, BUT ONE READING AT LENGTH MAY BE DEMANDED AT ANY TIME BEFORE FINAL PASSAGE.

RULES

6D-1. Referral of bills and resolutions to standing committees. Unless otherwise ordered, all bills and joint resolutions, except the general appropriations bill, shall be referred to a standing committee after their first reading. The presiding officer may waive the referral to standing committee of concurrent and simple resolutions. Copies of all concurrent and simple resolutions shall be distributed to each member before being acted upon.

6D-2. Referral of resolutions of disapproval. Any resolution of disapproval shall be referred to a committee unless ordered to be placed directly on the calendar by a majority vote of the members present.

E. AMENDMENTS AND SUBSTITUTE BILLS

CONSTITUTIONAL PROVISIONS

Art. XXIII, Sec. 1. Amendments.

ANY AMENDMENT TO THE CONSTITUTION MAY BE PROPOSED BY A MAJORITY OF THE MEMBERS ELECTED TO EACH OF THE TWO HOUSES.

RULES

6E-1. Amendments to be germane to bill. No amendment to a bill or joint resolution may embrace more than one subject, which shall be expressed in the title of the bill.

6E-2. Hoghouse amendments. Any substitute bill shall be treated as an amendment and shall be governed by the rules governing amendments.

6E-3. Message required when one house amends bill or resolution of other house. Whenever a bill or joint resolution is passed in one house and amended and passed in the other, a message to the house of origin shall indicate that the bill or resolution has been amended and the journal page references for that amendment.

F. SECOND READING

6F-1. No second reading until engrossment. No bill or resolution amended after introduction may be read the second time until it is correctly engrossed.

6F-2. Second reading at least one day after committee report. No bill or joint resolution may have its second reading or receive final passage until at least one legislative day after it has been reported to the house by the committee to which the same has been referred and such report has been read to the house.

6F-3. Action on committee reports. No report of any standing committee or select committee may be acted upon until at least one legislative day after it has been read to the body, except the report of the committee on legislative procedure, or the reports of standing committees requesting referral to another standing committee of a bill or resolution which may be acted upon immediately. However, during the last three days of the session, reports of conference committees may be acted upon the same day as reported.

6F-4. Placement of unamended bills and resolutions on calendar. If any committee makes a report that a bill or resolution "Do Pass" without proposing any amendment thereto, the bill or resolution shall be placed upon the calendar for second reading on the next legislative day.

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.

6F-6. Placement of bills and resolutions not receiving a "Do Pass" recommendation on the calendar. Any bill or resolution reported "Do Not Pass" or "without recommendation" shall fail if no motion is made for its disposition under the order of business of Consideration of Committee Reports on the next legislative day after delivery to the house. On the final day to use Joint Rule 7-7, a motion must be made before adjournment on that day. A motion to place a bill or resolution on the calendar where a committee reports a bill or resolution "Do Not Pass" or "without recommendation" shall require the vote of a majority of the members-elect to carry. A bill or resolution failing to be placed on the calendar is lost after time for reconsideration has passed.

G. PRINTING, ENGROSSING, AND ENROLLING

STATUTORY PROVISIONS

§ 2-7-13. Selection of printing process and contractor for bills and resolutions.

The bureau of administration, in consultation with the legislative research council, shall, before the commencement of any session of the Legislature, determine whether the house and senate bills and joint resolutions of the legislative session will be printed by a private contractor, and select the printing process to be used, or whether the documents will be prepared by the use of a duplicating process.

§ 2-7-14. Time allowed for printing of bills and resolutions.

The contractor for printing of the house and senate bills and joint resolutions of any kind shall deliver them, completed, to the Legislature within two days after receiving the copy.

§ 2-7-15.1. Fees for copies of bills and journals - Mailing fees - Disposition.

The executive board of the legislative research council is authorized to recover up to one-half of the printing costs of legislative bills and journals by establishing uniform fees for the distribution of legislative printed materials, to public agencies, lobbyists and individuals. Fees for estimated mailing costs may also be charged for mailing printed materials. Fees collected may be deposited in a special fund within the state treasury, the proceeds of which shall be used to pay for printing and postage costs, or transferred to the state general fund.

§ 2-7-16. Fraudulent alteration of bill or resolution as felony.

Any person who fraudulently alters the draft of any bill or resolution which has been presented to either house of the Legislature to be passed or adopted, with intent to procure it to be passed or adopted by either house, or certified by the presiding officer of either house, in language different from that intended by such house, is guilty of a Class 6 felony.

§ 2-7-17. Certification and filing of printed bills and resolutions - Judicial notice.

It shall be the duty of the secretary of the senate and chief clerk of the house to preserve one true copy of each printed bill, of each printed joint resolution, and of each printed concurrent resolution of each session of the Legislature; and to attach same together, to attach thereto, their signed certificate that they are true and complete copies of all the printed bills, joint resolutions, and concurrent resolutions of the certain session of the Legislature, and to file said copies so certified in the office of the secretary of state within ten days after adjournment of the session.

All copies so certified and filed shall be subject to judicial notice in all courts of record.

§ 2-7-18. Engrossment of bills and amendments.

All bills, in either house of the Legislature, which have been favorably acted upon, preparatory to going upon the calendar shall be engrossed if amendments have been made thereto.

Amendments to any bill made by either senate or house, after engrossment, shall likewise be engrossed.

§ 2-7-19. Enrollment of bill after passage by both houses.

A bill which has passed both houses of the Legislature shall at once be enrolled by the house in which it originated.

§ 2-7-20. Presentation of bill to Governor - Filing with secretary of state - Photocopy to code counsel.

The original copy of each enrolled bill shall be signed by the president of the senate, secretary of the senate, speaker of the house, and chief clerk of the house and presented to the Governor. If the Governor approves the bill, the Governor shall sign and transmit it to the secretary of state who shall deliver a photocopy of the signature page to the code counsel to be used in preparing copy for session laws. The secretary of state shall provide a permanent form of binder for the original enrolled bills and the bills vetoed with the veto message attached. The secretary of state shall also provide the code counsel with a photocopy of the signature page of each vetoed bill and veto message.

RULES

6G-1. Determination of procedures. The committees on legislative procedure shall jointly determine uniform procedures for the printing, engrossing and enrolling of bills and joint resolutions.

6G-2. Reprinting of bills and joint resolutions. 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. (Reserved).

6G-4. Printing without consent. Each house may print bills, messages, and reports without the consent of the other.

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. Amendments to any bill or joint resolution, made by either house after engrossment, shall likewise be engrossed upon 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.

6G-7. Enrolling of bills and joint resolutions. A bill which has passed both branches of the Legislature shall be at once enrolled. 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.

6G-8. Review and signing of bills and joint resolutions. The committee on legislative procedure and the chief of engrossing and enrolling shall compare enrolled with engrossed bills and joint resolutions as passed by both houses and make a report thereon to the house of origin. If a bill or joint resolution is reported by the committee as correctly enrolled, it shall be presented to the presiding officers of both houses for their signatures.

6G-9. Presentation of bills and joint resolutions to Governor. After a bill or joint resolution is signed by the officers of both houses, the chairmen of the committees on legislative procedure shall jointly cause such bill to be presented to the Governor for the Governor's signature and such joint resolution to the secretary of state for filing. The committees shall, at any time, report such presentations to both houses.

H. COMMEMORATIONS

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 three legislative days of the session.

6H-2. Numbering of commemorations. Each legislative commemoration shall be numbered consecutively as introduced beginning with No. 1 for the Senate and No. 1001 for the House of Representatives.

6H-3. Printing and calendaring of commemorations. Upon introduction, the presiding officer shall order the legislative commemoration printed in the journal of that legislative day. Subsequently the presiding officer shall place each pending legislative commemoration along with a notation of the page upon which it is printed in the journal on the calendar of the next legislative day following its printing.

6H-4. Approval of commemorations in the house of origin. Any member of the body may object to the approval of any legislative commemoration by so stating on the floor of the body at any time before adjournment on the legislative day upon which the legislative commemoration is calendared. If no such objection is made, the legislative commemoration shall be deemed approved and the presiding officer shall deliver it to the other house. If there is objection, the legislative commemoration shall be deemed disapproved.

6H-5. Calendaring of commemorations in the second house. Upon receipt of a legislative commemoration from the other house, the presiding officer shall place it on the next day's legislative calendar along with a notation of the page upon which it is printed in the journal.

6H-6. Approval of commemorations in the second house. Any member of the receiving body may object to the approval of any legislative commemoration by so stating on the floor of the body at any time before adjournment on the legislative day upon which the legislative commemoration is calendared. If no such objection is made, the legislative commemoration

shall be deemed approved and the presiding officer shall deliver it to the house of origin. If there is objection, the legislative commemoration shall be deemed disapproved.

6H-7. Enrollment of commemorations. The secretary of the Senate or the chief clerk of the House of Representatives shall deliver the original enrolled legislative commemoration to the prime sponsor.

I. COMPUTERIZED INFORMATION SYSTEM

6I-1. Bill Status. The bill status, created by the computerized information system, is the official record of action to the bill.

CHAPTER 7. COMMITTEES

STATUTORY PROVISIONS

§ 2-6-1. Administration of oaths by committee members.

Any member of the senate or house of representatives, while acting as a member of any committee thereof, shall have authority to administer oaths to such persons as shall be examined before such committee.

§ 2-6-2. Composition and appointment of government operations and audit committee - Duties and reports - Assistance.

There shall be appointed at each regular session of the Legislature a government operations and audit committee of six, consisting of three members of the senate appointed by the president pro tempore and three members of the house appointed by the speaker of the house, for the purpose of inquiry and review of any phase of the operations and the fiscal affairs of any department, institution, board or agency of the state, and to make a detailed report to the senate and house of representatives and submit a copy of its report to the appropriation committee of each house of the Legislature at the next succeeding session of the Legislature or any special session of the Legislature upon request of the body.

The department of legislative audit shall provide assistance, including clerical help, to the committee upon the request.

§ 2-6-4. Investigative powers of government operations and audit committee - Executive board of research council to direct action.

The government operations and audit committee may examine all records and vouchers, summon witnesses, and thoroughly examine all expenditures and the general management of each department. No review or action may be taken by the government operations and audit committee until the committee is directed by the executive board of the legislative research council.

§ 2-6-5. Disobedience of legislative summons as misdemeanor.

Any person who is summoned to attend as a witness before either house of the Legislature or any committee thereof authorized to summon or subpoena witnesses, and who refuses or neglects without lawful excuse to attend pursuant to the summons or subpoena, is guilty of a Class 2 misdemeanor.

§ 2-6-6. Refusal to testify or produce evidence before Legislature as misdemeanor.

Any person who, being present before either house of the Legislature or any committee thereof authorized to summon witnesses, willfully refuses to be sworn or affirmed, or to answer any material and proper question, or to produce upon reasonable notice any material or proper books, papers, or documents in his possession or under his control, is guilty of a Class 2 misdemeanor.

§ 2-6-7. Forfeiture of office by legislator in violation - Disqualification from public office.

The conviction of a member of the Legislature of any crime defined in § 2-6-5 or 2-6-6 involves as a consequence, in addition to the punishment prescribed therein, a forfeiture of his office and disqualifies him from ever thereafter holding any public office under this state.

§ 2-6-8. Retirement laws study committee created - Purpose.

There is hereby created the South Dakota retirement laws committee to make a continuing study of the pension and annuity and benefit laws relating to employees and officers in public service.

§ 2-6-9. Appointment and terms of retirement laws committee members - Political affiliations.

The retirement laws committee shall consist of five members of the house of representatives to be appointed by the speaker of the house of representatives and five members of the senate to be appointed by the president pro tempore. The members of the retirement laws committee shall be appointed biennially for terms expiring on January first of each succeeding odd-numbered year and shall serve until their respective successors are appointed and qualified. No more than three from each legislative body may be from the same political party.

§ 2-6-10. Officers of retirement laws committee - Staff assistance.

The retirement laws committee shall select a chairman and vice-chairman and shall be provided with staff assistance from the legislative research council staff.

§ 2-6-11. Study of retirement laws by committee - Emphasis.

The retirement laws committee shall continue the study of the retirement and pension laws applicable to employees and officers in government service throughout the state and shall appraise and evaluate existing laws relating to retirement and pension. It shall give particular study and consideration to the financial affairs of the retirement funds and shall recommend revisions in financial provisions and methods of amortizing the accrued liabilities of such funds without impairment of any of the rights and equities of participants and beneficiaries but in conformity with sound and established principles of financing retirement fund obligations.

§ 2-6-12. Legislative drafts and recommendations by retirement laws committee - Reports - Review of proposals.

The retirement laws committee shall present legislative drafts to effect sound and equitable public employees retirement programs. The retirement laws committee shall study and make recommendations concerning the extension of retirement coverage to public employees to whom retirement protection has not been accorded. The retirement laws committee shall from time to time report to the Legislature which report shall include but not be limited to the financial soundness of the system. The retirement laws committee shall review all proposed legislation that affects public employee retirement in the state and shall make its report to the Legislature. During the legislative session, however, the standing committees established to review retirement laws legislation shall review proposed legislation that affects public employee retirement.

§ 2-6-14. Joint bonding review committee established - Agencies subject to review by joint committee.

An interim joint bonding committee, established pursuant to the rules of the Legislature, shall review the operations, programs, accomplishments and financial status of the South Dakota housing development authority, the South Dakota health and educational facilities authority, the South Dakota building authority, the South Dakota conservancy district, the South Dakota railroad authority, and any other agency, board or commission authorized to conduct statewide programs in the state of South Dakota and to issue bond and note indebtedness.

§ 2-6-15. Reports by bonding entities to joint committee - Contents - Other assistance.

Each of the entities shall submit to the joint committee a complete and detailed report no later than December first of each year, setting forth:

(1) Its operations and accomplishments;

            (2)    Its receipts and expenditures during its fiscal year for its operating and capital outlay purposes;
            (3)    Its assets and liabilities at the end of its fiscal year;
            (4)    A schedule of its notes and bonds outstanding at the end of its fiscal year, together with a statement of the amounts redeemed and incurred during such fiscal year; and
            (5)    Information relating to the selection, evaluation and compensation of its professional service providers.

Each of the entities shall assist the joint committee in a continuous review of programs and projected plans for the entities.

§ 2-6-16. Reports to joint committee on particular issues of bonds or notes - Contents.

For each issuance of bonds or notes of any such entity, there shall be provided to the joint committee a report of the details of the issuance, including a citation to the resolution providing for the issuance of the bonds and notes, the use of the proceeds of such issuance, the maturity date or dates of the bonds or notes, the interest rate or rates of the bonds or notes, the

anticipated source of revenue from which the bonds or notes are to be repaid, and the rating, if any, given by a standard rating service on the bonds or notes.

§ 2-6-17. Detailed accounting to committee on underlying security and investments.

The joint committee may request at any time a detailed accounting of the security underlying outstanding bonds or notes, the ability to make timely repayment of bonds or notes, or the investments of such entity.

§ 2-6-18. Agency explanation to committee of programs and operations.

The joint committee may at any time require the governing board, or its designee, of any such entity to appear before it to provide detailed explanations of the public purpose underlying any of its programs or detailed explanations of any of its operations or activities.

§ 2-6-19. Water development oversight committee created - Purpose.

There is hereby created the legislative water development oversight committee. The committee shall consist of four legislators, one each appointed by the majority and minority leaders of the senate and one each appointed by the majority and minority leaders of the house of representatives. The committee shall monitor the meetings and actions of the board of water and natural resources and the water management board. The secretary of the department of water and natural resources shall cooperate with the members of the committee and assist them in carrying out their responsibilities. The secretary of the department of water and natural resources shall inform the members of the committee of the time and place of all meetings of the board of water and natural resources and water management board and shall forward to the members of the committee copies of all materials sent to the members of those boards.

The committee shall select a chairperson from among its members and shall from time to time report to the executive board of the legislative research council on its activities.

Members of the committee shall receive compensation as would any member of an interim legislative committee authorized by the executive board of the legislative research council under chapter 2-9.

RULES

7-1. Committee procedure--Relaxed debate. The rules of procedure in a committee are the same as the rules of the body insofar as the rules are applicable to committee procedure. However, as conditions permit, the rules limiting debate may be relaxed to allow free discussion and to facilitate the work of the committee.

7-1.1. Subcommittees. The president pro tempore of the Senate, Speaker of the House or a chair of a standing committee may designate subcommittees, the number of members to serve on each subcommittee, the chair of each subcommittee, the members of the subcommittee, and the period of time the subcommittee shall serve.

7-1.2. Committee action on bills and resolutions. Unless otherwise ordered under Joint Rule 6D-2, all bills or resolutions shall be referred to one of the standing committees. The chair of a standing committee may then assign a bill or resolution to a subcommittee of that standing committee. All subcommittees shall return such bills or resolutions as are assigned to them for consideration, to the standing committee with or without recommendation and within the time which will permit the full standing committee to act upon the bill or resolution.

7-1.3. Meetings open to public. Subject to Article III, Section 15 of the Constitution, all committee or subcommittee meetings shall be open to the public.

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 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.

7-1.5. Consideration of matters not posted. A two-thirds majority of the committee members present may bring a matter up for consideration at any time.

7-1.6. Formal action required on all legislative proposals. Standing committees shall take formal action regarding each legislative proposal submitted for their consideration.

7-1.7. Vote requirement. Final disposition on a bill or resolution requires a majority vote of the members-elect taken by roll call.

7-1.8. Final disposition. Final disposition is any action which moves a bill out of a committee to the floor of a house or to another committee or which removes it from further consideration by the committee. Examples of final disposition include "Do Pass," "Do Pass, Amended," "Refer to Another Committee," "Lay on the Table," and "Postpone to a Day Certain Beyond the End of the Session."

7-1.9. Attachment of amendments to bills or resolutions reported unfavorably. A committee may amend a bill or resolution that it reports "Do Not Pass" or "Without Recommendation."

7-1.10. Amendment of a previously tabled bill. If a bill is removed from the table and amended so that it requires a title amendment, the title must be amended and then the bill reported for a new hearing pursuant to Joint Rule 7-1.4, unless placed by Joint Rule 7-1.5.

7-2. Committee reports. Each committee shall report final committee actions on legislative proposals. The chair of a committee shall sign the reports of the committee and present them to the body when the call for committee reports is made. The chair is responsible for the accuracy and propriety of the chair's statements and shall answer any questions pertaining to the report. This rule does not prohibit the committees on legislative procedure from reporting at any

time. Formal actions shall be reported to the body not later than the next legislative day in an informational committee report which is printed in the daily journal.

7-3. Reports of select committees. Select committees to which matters are referred shall in all cases report a statement of facts and their opinion on the matters to the body.

7-4. Dissenting reports. If the members of a committee cannot agree on its report, the majority and minority may each make a report. Any member dissenting in whole or in part from the reasoning and conclusions of both majority and minority may also present a statement of the member's reasoning and conclusions. All reports must be decorous in language and respectful to the house and shall be entered in the journal.

7-5. Filing of committee minutes. 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.

7-6. Contents of committee minutes. Minutes of standing committees filed pursuant to Joint Rule 7-5 shall contain the number of each proposal considered; the title or a brief summary of each proposal's major provisions; the committee's action, if any, on each proposal, including a brief minority report if requested by any committee member; a record of how each committee member voted when action was taken, including votes on motions to postpone consideration of proposals; and a list of all persons testifying before the committee on each proposal and the interest they represent. Minutes of budget hearings conducted by an appropriations committee may contain a synopsis of testimony received. Minutes shall be open to the public for inspection.

7-7. Demand for delivery of bill or resolution to house--"Smoke-out." Each house may by motion order its committee to deliver a bill or resolution under its consideration to that house. If the motion is supported by the vote of one-third or more of the members-elect, the committee shall, not later than the next legislative day, deliver the bill or resolution to the house with or without recommendation.

7-8. Placement of "smoked-out" bill or resolution on calendar. If a bill or resolution is delivered to the house of origin pursuant to Joint Rule 7-7 on the last day for passage by the house of origin and it was not reported "Do Pass," the bill or resolution may, by motion approved by a majority of the members-elect, be placed on that day's calendar.

7-9. Calendar committee. The calendar committee in each house consists of the presiding officer, the majority leader, and the minority leader. The committee shall determine the daily legislative calendar.

7-10. Co-chairs of joint committees. Chairs of standing committees operating and voting as joint committees shall serve as co-chairs of the joint committees.

7-11. Introduction of general appropriation bill. The general appropriation bill shall be introduced by the Senate Committee on Appropriations in even-numbered years and by the House Committee on Appropriations in odd-numbered years. The general appropriation bill shall be introduced no later than the sixteenth legislative day.

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 committee action to the general appropriation bill shall be approved by 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.

CHAPTER 8. CONFERENCE COMMITTEES

8-1. Appointment and composition of conference committees. In every case of disagreement between the two houses, if either house requests a conference and appoints a committee for that purpose, the other house shall appoint a committee to confer with a like committee of the other house upon the subject of the disagreement, and to report back to its house of appointment. Each conference committee shall consist of three members of each house and shall be appointed by the presiding officers of the two houses. Insofar as possible, members appointed to conference committees shall be representative of the decision within the house upon the issue under consideration.

8-2. Conference committee meetings, committee reports, and reports must be germane. Conference committees shall meet in open session. The presiding officer of the house of origin shall announce to that body the time and location of each conference committee meeting. Each conference committee shall report the results of each meeting to the body. The conference committee report must be germane to the title of the bill as submitted to the conference committee. Conference committee reports must be signed by at least two members from each house for adoption.

8-3. Final disposition of report and distribution of reports. Adoption of a conference committee report recommending passage of a bill or adoption of a resolution constitutes final disposition. The vote required to concur in the amendments of the other House or to adopt a conference committee report shall be the same as that required for final passage of the bill or resolution taking such bill or resolution as a whole. Before the final vote on the adoption of a conference committee report may be taken, any member of the body may require that the report be distributed in written form to the members of the body.

8-4. Member may move to not appoint a subsequent conference committee. Final disposition. However, if a conference committee report is not adopted, any member may move not to appoint a new conference committee. If that motion prevails it constitutes final disposition of that bill or resolution.

CHAPTER 9. COMMITTEE OF THE WHOLE

9-1. Designation of committee of the whole chair. If either house sits as a committee of the whole, the presiding officer shall name one of the members as chair, who shall be vested with all the authority of the presiding officer of the house concerned while the committee of the whole is in session.

9-2. Rules of the committee of the whole. The rules observed by the house concerned shall govern as far as practicable, except that:

    (1) The yeas and nays may not be called;
    (2) The previous question may not be enforced; and
    (3) The time of speaking may not be limited.

9-3. Adjournment of the committee of the whole. A motion that the committee rise is always in order and shall be decided without debate.

CHAPTER 10. JOURNAL

CONSTITUTIONAL PROVISIONS

Article III, § 13. Legislative journals - Recording of yeas and nays.

EACH HOUSE SHALL KEEP A JOURNAL OF ITS PROCEEDINGS AND PUBLISH THE SAME FROM TIME TO TIME, EXCEPT SUCH PARTS AS REQUIRE SECRECY, AND THE YEAS AND NAYS OF MEMBERS ON ANY QUESTION SHALL BE TAKEN AT THE DESIRE OF ONE-SIXTH OF THOSE PRESENT AND ENTERED UPON THE JOURNAL.

STATUTORY PROVISIONS

§ 2-7-7. Officers to keep legislative journals - Custody and disposition of bills and documents.

It shall be the duty of the secretary of the senate and chief clerk of the house to keep correct journals of the proceedings of the senate and house, respectively; to have the custody of all records, accounts, and other papers committed to them and at the close of each session of the Legislature to deposit for safekeeping in the office of the secretary of state all books, bills, documents, resolutions, and papers in the possession of the Legislature, correctly labeled, folded, and classified, and generally to perform such duties as shall be assigned them by the senate or house, respectively; provided, such journals shall be deposited within forty days after the adjournment of the Legislature.

§ 2-7-8. Time of delivery of daily legislative journals - Penalty for delay - Waiver.

The contractor for printing and binding of the journals of the Legislature shall deliver the daily journals to the Legislature at least two hours before the convening of the Legislature on the following legislative day and, if he fails to do so, he is subject to a penalty of ten dollars per hour for each hour's delay to be deducted from any sum due him on the contract, or recovered from his performance bond in the event such deduction from contract cannot be made. The director of the legislative research council may waive the penalty provisions of this section if failure to deliver the daily journals as required is due to circumstances which the director considers to be sufficiently extenuating.

§ 2-7-10. Permanent journals as official record of proceedings

The corrected daily copies of the journal of the senate and house of representatives, together with the index thereof, shall constitute, and be the official permanent record of the legislative proceedings.

§ 2-7-11. Time of delivery of permanent journals - Distribution and price.

The contractor for printing the journal indexes of the Legislature shall deliver them to the legislative research council within ninety days after copy therefor has been furnished. The legislative research council shall provide for the distribution of the journals. Price and distribution of the journal indexes shall be determined by a joint-select committee of the Legislature.

§ 2-7-12. Certified copies of journals as prima facie evidence of proceedings.

Duly certified copies of such journals shall be received in all courts of the state as original evidence, and the volumes wherein the same are published by authority of the state, shall be prima facie evidence of such proceedings.

RULES

10-1. Daily journal. A journal of each house shall be made available daily and laid upon the desks of the members and officers the following morning. The journal need not be read unless ordered. The secretary of the Senate and the chief clerk of the House shall report on the correctness of the journal to the committees on legislative procedure. The committees on legislative procedure shall in turn report to their respective houses.

10-2. Journal contents. In keeping a correct journal, the secretary of the Senate and the chief clerk of the House shall record in the journals of their respective houses the motions, resolutions, rules and decisions of the respective houses.

10-3. Journal format and certification. The secretary of the Senate and the chief clerk of the House shall each furnish a corrected copy of their respective compiled daily journals to the printer having the contract for the printing of the journals. The secretary and the chief clerk shall preface the journals by a title to appear on the first page of the permanent volumes of the journals, substantially as follows:

(Proceedings of the Senate or
House of Representatives)
of the
Legislative Session
State of South Dakota

(Seal of State)
Begun and Held at Pierre South Dakota
on

Tuesday, January ____ 20__
and Concluded

____________ March, _________ 20__
Published under the Direction and
Authority of the Legislature

On the second page of the journal the secretary or chief clerk shall certify that the record contains a full, true, and correct proceeding of the legislative session.

One copy each of the daily permanent journals of the House and Senate shall be certified as follows:

I hereby certify that the following (Senate or House) journal of the _______________legislative day is correct.

Secretary of the Senate
(or Chief Clerk of the House)

The certified copies shall be filed with the secretary of state not later than forty days after the adjournment of the Legislature.

CHAPTER 11. RULES

11-1. Joint rule suspension or amendment. No joint rule may be suspended or amended without the concurrence of a two-thirds majority of the members-elect of either house. The final vote on any amendment may not be taken upon the same day it was offered.

11-2. Adopting joint rules. A joint rule may be adopted by concurrence of a majority of the members-elect of each house.

11-3. Proceedings governed by Mason's Manual. Mason's Manual of Legislative Procedure governs the proceedings of the Senate and the House of Representatives in all cases not covered by these rules.

CHAPTER 12. VOTING REQUIREMENTS AND PROCEDURE

CONSTITUTIONAL PROVISIONS

Article III, § 18. Enacting clause - Assent by majority - Recording of votes.

Art. XI, § 14. Vote required to impose or increase taxes.

THE RATE OF TAXATION IMPOSED BY THE STATE OF SOUTH DAKOTA IN REGARD TO ANY TAX MAY NOT BE INCREASED AND NO NEW TAX MAY BE IMPOSED BY THE STATE OF SOUTH DAKOTA UNLESS BY CONSENT OF THE PEOPLE BY EXERCISE OF THEIR RIGHT OF INITIATIVE OR BY A TWO-THIRDS VOTE OF ALL THE MEMBERS ELECT OF EACH BRANCH OF THE LEGISLATURE.

Article XII, § 2. Contents of general appropriation bill - Separate appropriation bills.

THE GENERAL APPROPRIATION BILL SHALL EMBRACE NOTHING BUT APPROPRIATIONS FOR ORDINARY EXPENSES OF THE EXECUTIVE, LEGISLATIVE AND JUDICIAL DEPARTMENTS OF THE STATE, THE CURRENT EXPENSES OF STATE INSTITUTIONS, INTEREST ON THE PUBLIC DEBT, AND FOR COMMON SCHOOLS. ALL OTHER APPROPRIATIONS SHALL BE MADE BY SEPARATE BILLS, EACH EMBRACING BUT ONE OBJECT, AND SHALL REQUIRE A TWO-THIRDS VOTE OF ALL THE MEMBERS OF EACH BRANCH OF THE LEGISLATURE.

Article XXIII, § 1. Amendments.

AMENDMENTS TO THIS CONSTITUTION MAY BE PROPOSED BY INITIATIVE OR BY A MAJORITY VOTE OF ALL MEMBERS OF EACH HOUSE OF THE LEGISLATURE. AN AMENDMENT PROPOSED BY INITIATIVE SHALL REQUIRE A PETITION SIGNED BY QUALIFIED VOTERS EQUAL IN NUMBER TO AT LEAST TEN PER CENT OF THE TOTAL VOTES CAST FOR GOVERNOR IN THE LAST GUBERNATORIAL ELECTION. THE PETITION CONTAINING THE TEXT OF THE PROPOSED AMENDMENT AND THE NAMES AND ADDRESSES OF ITS SPONSORS SHALL BE FILED AT LEAST ONE YEAR BEFORE THE NEXT GENERAL ELECTION AT WHICH THE PROPOSED AMENDMENT IS SUBMITTED TO THE VOTERS. A PROPOSED AMENDMENT MAY AMEND ONE OR MORE ARTICLES AND RELATED SUBJECT MATTER IN OTHER ARTICLES AS NECESSARY TO ACCOMPLISH THE OBJECTIVES OF THE AMENDMENT.

STATUTORY PROVISIONS

§ 4-8A-1. Definition of terms.

Terms as used in this chapter, unless the context otherwise requires, mean:

(1) "General appropriation act," the bill enacted by the Legislature in accordance with the provisions of section 2, of article XII of the Constitution of the state of South Dakota, requiring a majority vote of all the members of each house of the Legislature;

RULES

12-1. Voting required, exceptions, passes. Each member who is in the chamber when a question is put shall vote unless the body excuses the member. A member may pass only once on any roll call vote.

12-2. Voting restrictions. No member may vote on any question unless within the chamber and voting before the result of the vote is announced.

12-3. Voting procedures. Questions shall be put in this form: "As many as favor the question, as stated, say 'Yea'; as many as are opposed to the question, as stated, 'Nay'." If the presiding officer doubts the result of a vote or if a division is called for, the members shall divide. Those in the affirmative shall first rise from their seats and remain standing until counted and then those in the negative shall vote in like manner.

12-4. Changing votes. If the yeas and nays have been taken on any question, no member may change a vote after the decision is announced from the chair, unless by unanimous consent of the house.

12-5. Majority vote required for resolutions. Any joint or concurrent resolution requires a majority vote of the members elected to each house of the Legislature, and the yeas and nays shall be entered upon the journal. Any House or Senate resolution requires a majority vote of the members elected to that house, and the yeas and nays shall be entered upon the journal.

CHAPTER 13. CONSENT CALENDAR

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. 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.

13-2. Consent calendar placement, objections. Any bill or resolution certified by the committee chair as an uncontested bill or resolution shall be placed by the secretary of the Senate or the chief clerk of the House of Representatives, on the consent calendar. Upon objection of any member to the placement or retention of any bill or resolution on the consent calendar, the bill or resolution shall be removed from the consent calendar and may be placed on the house calendar for second reading on the following legislative day. No consent calendar bill or resolution may be considered for adoption until the legislative day following the day of its placement on the consent calendar.

13-3. Consent calendar scheduling. The calendar committee in each house may schedule consent calendar bills and resolutions at any time.

13-4. Consent calendar items -- Questions, voting. Bills and resolutions on the consent calendar are not debatable. The president of the Senate or the speaker of the House of Representatives shall allow a reasonable time for questions from the floor and shall permit the proponents of the bills or resolutions to answer the questions. Immediately before voting on the first bill or resolution on the consent calendar, the president of the Senate or the speaker of the House of Representatives shall call to the attention of the members the fact that the next roll call will be the roll call on the bill or resolution on the consent calendar.

CHAPTER 14. EFFECTIVE DATE OF LEGISLATION AND VETO CONSIDERATIONS

CONSTITUTIONAL PROVISIONS

Article III, § 22. Effective date of acts - Emergency clause.

NO ACT SHALL TAKE EFFECT UNTIL NINETY DAYS AFTER THE ADJOURNMENT OF THE SESSION AT WHICH IT PASSED, UNLESS IN CASE OF EMERGENCY, (TO BE EXPRESSED IN THE PREAMBLE OR BODY OF THE ACT) THE LEGISLATURE SHALL BY A VOTE OF TWO-THIRDS OF ALL THE MEMBERS ELECTED OF EACH HOUSE, OTHERWISE DIRECT.

Article IV, § 4, Par. 1, 2, 3, 4. Veto power.

WHENEVER THE LEGISLATURE IS IN SESSION, ANY BILL PRESENTED TO THE GOVERNOR FOR SIGNATURE SHALL BECOME LAW WHEN THE GOVERNOR SIGNS THE BILL OR FAILS TO VETO THE BILL WITHIN FIVE DAYS OF PRESENTATION. A VETOED BILL SHALL BE RETURNED BY THE GOVERNOR TO THE LEGISLATURE TOGETHER WITH HIS OBJECTIONS WITHIN FIVE DAYS OF PRESENTATION IF THE LEGISLATURE IS IN SESSION OR UPON THE RECONVENING OF THE LEGISLATURE FROM A RECESS. ANY VETOED BILL SHALL BE RECONSIDERED BY THE LEGISLATURE AND, IF TWO- THIRDS OF ALL MEMBERS OF EACH HOUSE SHALL PASS THE BILL, IT SHALL BECOME LAW.

WHENEVER A BILL HAS BEEN PRESENTED TO THE GOVERNOR AND THE LEGISLATURE HAS ADJOURNED OR RECESSED WITHIN FIVE DAYS FROM PRESENTATION, THE BILL SHALL BECOME LAW WHEN THE GOVERNOR SIGNS THE BILL OR FAILS TO VETO IT WITHIN FIFTEEN DAYS AFTER SUCH ADJOURNMENT OR RECESS.

THE GOVERNOR MAY STRIKE ANY ITEMS OF ANY BILL PASSED BY THE LEGISLATURE MAKING APPROPRIATIONS. THE PROCEDURE FOR RECONSIDERING ITEMS STRUCK BY THE GOVERNOR SHALL BE THE SAME AS IS PRESCRIBED FOR THE PASSAGE OF BILLS OVER THE EXECUTIVE VETO. ALL ITEMS NOT STRUCK SHALL BECOME LAW AS PROVIDED HEREIN.

BILLS WITH ERRORS IN STYLE OR FORM MAY BE RETURNED TO THE LEGISLATURE BY THE GOVERNOR WITH SPECIFIC RECOMMENDATIONS FOR CHANGE. BILLS RETURNED SHALL BE TREATED IN THE SAME MANNER AS VETOED BILLS EXCEPT THAT SPECIFIC RECOMMENDATIONS FOR CHANGE AS TO STYLE OR FORM MAY BE APPROVED BY A MAJORITY VOTE OF ALL THE MEMBERS OF EACH HOUSE. IF THE GOVERNOR CERTIFIES THAT THE BILL CONFORMS WITH HIS SPECIFIC RECOMMENDATIONS, THE BILL SHALL BECOME LAW. IF THE GOVERNOR FAILS TO CERTIFY THE BILL, IT SHALL BE RETURNED TO THE LEGISLATURE AS A VETOED BILL.

STATUTORY PROVISIONS

§ 2-14-16. Effective date of legislative acts.

Subject to the provisions of the Constitution and statutes relating to vetoes and the referendum, an act of the Legislature which does not prescribe when it shall take effect, if passed at a regular session, takes effect on the first day of July after its passage and if passed at a special session on the ninety-first day after the final adjournment of such session.

§ 2-7-20.1. Certificate of conformity by Legislature in form and style.

Whenever the Governor certifies, pursuant to paragraph four of section 4 of article IV of the Constitution, that the Legislature has conformed a bill to his recommendations, that certificate shall be typed and signed on the enrolled bill.

§ 2-7-20.2. Veto of bills passed before last four session days - Message to house of origin - Reconsideration - Filing with secretary of state.

Whenever the Governor vetoes any bill or any items of a bill which was presented to him five or more calendar days before an adjournment or a recess of the Legislature, he shall transmit his veto message with the original bill to the secretary of the senate or chief clerk of the house, whichever was the house of origin, on the date of his exercise of the power but no later than noon on the last legislative day prior to adjournment or recess. The officer of the house receiving the veto message shall certify on the original copy of the bill whether reconsideration was had and the vote on any reconsideration and shall transmit the bill and veto message to the secretary of state for filing when the time for reconsideration has passed.

§ 2-7-20.3. Veto of bills too late for return to Legislature - Transmittal to secretary of state

Whenever the Governor vetoes a bill or any items of a bill which was presented to him during the final four days preceding an adjournment or a recess and it cannot be transmitted to the house of origin in session, he shall transmit the original bill and his veto message to the secretary of state within one day following his veto but no later than the sixteenth day following adjournment or recess.

§ 2-7-20.4. Bills becoming law without Governor's signature or objections.

Whenever the Governor fails to veto any bill which shall become law without his signature or the certificate referred to in § 2-7-20.1, he shall deliver it to the secretary of state who shall note, beneath the signature line provided for the Governor, that it was delivered by the Governor without his signature and without his objections. No communication relating to his reasons for not signing the bill shall be filed or recorded by the secretary of state.

CHAPTER 15. INTER-HOUSE COMMUNICATIONS AND TRANSMISSIONS

15-1. Communications by messages. Any communication between the Senate and the House of Representatives shall be by message which shall be signed by the secretary or chief clerk, respectively, and sent to the house to which it is addressed.

15-2. Notification of bill or resolution rejection. If a bill or joint resolution which has passed one house is rejected by the other, the house of origin shall be immediately notified of this action.

15-3. Notification of bill or resolution deferred to 36th or 41st day. If the consideration of any bill or joint resolution which originated in one house shall be postponed in the other house to a day so distant that it will not be taken up again by the present session, the house of origin shall be immediately notified of such action.

CHAPTER 16. JOINT SESSION

16-1. Organization of a joint session. While the two houses are acting together on any matter, the president of the Senate shall preside and all questions of order shall be decided by the president, subject to an appeal of both houses, as though but one body was in session.

16-2. Call of the house. A call of the members of either house may be had in joint session by order of the house in which the call is desired.

16-3. Recording of the proceedings. The secretary of the Senate and the chief clerk of the House shall be the clerks of the joint session and keep a record of the proceedings and enter the record in the journals of the Senate or of the House.

16-4 Motion to defer or adjourn. Any motion to defer or adjourn shall be decided by a joint vote of both houses, and, if required, the yeas and nays shall be entered upon the journals of both houses.

16.5 Suspension of floor privileges. During a joint session, former Governors, Lieutenant Governors, members of the Congress of the United States from South Dakota and former members of the South Dakota Legislature will not be admitted to the chamber. The presiding officer will instruct the sergeant at arms to provide a reserve seating section in the chamber gallery for these former officials who wish to witness the joint session.

CHAPTER 17. LEGISLATIVE DEADLINE DATES

Legislative Deadline Dates

Legislative Action
40 Day Session 35 Day Session

Final day for introduction of individual bills and joint resolutions
15th Day 10th Day

Final day of introduction of committee bills and joint resolutions*
16th Day 11th Day

Last day upon which Joint Rule 5-17 can be invoked on a bill or resolution in either house
26th Day 21st Day

Last day to move required delivery of bills or resolutions by a committee to the house of origin*
27th Day 22nd Day

Last day to pass bills or joint resolutions by the house of origin*
28th Day 23rd Day

During the seven final legislative days motions to reconsider and reconsideration being made upon the same day (any time before adjournment)
34th Day on 29th Day on

Last day to move required delivery of bills or resolutions by a committee to the second house*
35th Day 30th Day

Last day for a bill or joint resolution to pass both houses
36th Day 31st Day

Three days preceding the final day of a legislative session shall be reserved for concurrences or action upon conference committee reports 37th Day
38th Day
39th Day 32nd Day
33rd Day
34th Day

The final day of a legislative session is reserved for the consideration of vetoes
40th Day 35th Day

* This deadline does not apply to the general appropriations bill.

Rep. Klaudt moved that the House do now adjourn, which motion prevailed, and at 1:48 p.m. the House adjourned.

Karen Gerdes, Chief Clerk

Legislative Deadline Dates
Legislative Action	*40 Day Session*	*35 Day Session*
Final day for introduction of individual bills and joint resolutions	15th Day	10th Day
Final day of introduction of committee bills and joint resolutions*	16th Day	11th Day
Last day upon which Joint Rule 5-17 can be invoked on a bill or resolution in either house	26th Day	21st Day
Last day to move required delivery of bills or resolutions by a committee to the house of origin*	27th Day	22nd Day
Last day to pass bills or joint resolutions by the house of origin*	28th Day	23rd Day
During the seven final legislative days motions to reconsider and reconsideration being made upon the same day (any time before adjournment)	34th Day on	29th Day on
Last day to move required delivery of bills or resolutions by a committee to the second house*	35th Day	30th Day
Last day for a bill or joint resolution to pass both houses	36th Day	31st Day
Three days preceding the final day of a legislative session shall be reserved for concurrences or action upon conference committee reports	37th Day 38th Day 39th Day	32nd Day 33rd Day 34th Day
The final day of a legislative session is reserved for the consideration of vetoes	40th Day	35th Day
* This deadline does not apply to the general appropriations bill.