JOURNAL OF THE SENATE

SEVENTY-SIXTH  SESSION




SECOND DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
January 10, 2001

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

     The prayer was offered by the Chaplain, Pastor Jeff Porter, followed by the Pledge of Allegiance led by Senate page Lavyne Wieting.

     Roll Call: All members present except Sen. Hagen who was excused.

APPROVAL OF THE JOURNAL


MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the first day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,
Arnold M. Brown, Chair

     Which motion prevailed and the report was adopted.
     The oath of office was administered by the President, Carole Hillard, to the following named persons:

    Legislative Interns -- William Collins, Janet Dienn, Andrea Frericks, Todd Fuoss, Katherine Hemmer, Erin McIntyre, Drake Olson, Dina Rush, and Jennifer Turner

    Leigslative Aides -- Daniel Diez and Phillip Ringstmeyer

    Which were subscribed to and filed in the office of the Secretary of State.

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES



MADAM PRESIDENT:

    Your Joint-Select Committee appointed to make arrangements for legislative days respectfully reports that we recommend the days of the Seventy-sixth Legislative Session be January 9 through January 12, January 16 through January 19, January 22 through January 26, January 29 through February 2, February 5 through February 9, February 12 through February 16, February 20 through February 24, February 26 through March 3, and March 21.

Respectfully submitted,    Respectfully submitted,
Jay Duenwald                            Arnold Brown
Mike Jaspers    Barbara Everist
Sam Nachtigal    Garry Moore
House Committee    Senate Committee

     Sen. Everist moved that the report of the Joint-Select Committee relative to making arrangements for legislative days for the Seventy-sixth Legislative Session be adopted.

     Which motion prevailed and the report was adopted.


Also MADAM PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Seventy-sixth Legislative Session, pursuant to SDCL 2-5-8, respectfully reports that a salary schedule for the elective and appointive officers and employees has been developed and filed with the Director of the Legislative Research Council and the State Auditor.

    In regard to the system for payment of travel expenses to legislators we respectfully report that:

    (1) A form listing each weekend during session will be delivered to legislators. Legislators     will be asked to list their travel on that single sheet which would be signed and turned in at

    the close of session. Also, pursuant to statute, a voucher must also be signed by each     legislator requesting travel reimbursement.

    (2) Legislators driving their own car home for a weekend will receive mileage paid at state     rates (29 cents per mile). Legislators not driving home will not be entitled to reimbursement     unless they leased a vehicle or somehow incurred an expense, equivalent to 29 cents per     mile, in such travel.

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

    (4) Legislators flying charter or in their own plane will be reimbursed for actual expenses as long as it does not exceed 29 cents per mile.

    (5) A maximum of nine trips will be considered for the 2001 Legislative Session, including     the trip for the final legislative day.

    (6) Pursuant to constitutional provisions, legislators will be paid for their initial trip to Pierre     and their final trip home at the rate of 5 cents per mile.

Respectfully submitted,    Respectfully submitted,
Scott Eccarius    Arnold Brown
Bill Peterson    Barbara Everist
Mel Olson    Jim Hutmacher
House Committee    Senate Committee

     Sen. Everist moved that the report of the Joint-Select Committee relative to fixing compensation for the elective and appointive officers and employees of the House and Senate for the Seventy-sixth Legislative Session be adopted.

     Which motion prevailed and the report was adopted.



Also MADAM PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, House and Senate journals and bills, and other legislative printing for the two houses and the state offices with the full power to act respectfully reports that:

    The Legislature order 450 copies of the Senate and House bills and resolutions (each); and 450 copies of the Senate and House daily journals (each) for the Seventy-sixth Legislative Session.

    The free distribution of sets of bills, resolutions, and daily journals shall be as follows:


    Eight copies for the Governor's Office, thirteen copies for the Supreme Court, thirty-two copies for the Legislative Research Council, thirteen copies for the State Library Depository, three copies for the Attorney General, two copies for the Bureau of Finance and Management, four copies for the Secretary of State, two copies for the Department of Legislative Audit, one copy for the Code Commission, one copy for the State Treasurer, one copy for the State Auditor, one copy for the Commissioner of School and Public Lands, one copy for the Public Utilities Commission, and press copies as needed.

    State's Attorneys and County Auditors shall receive free copies of bills and journals if they pay mailing charges at a rate of $50 per set (bills or journals) for first-class mailing.

    Distribution of bills and journals to state officials, boards, commissions, and institutions will be made upon request in writing to the Legislative Documents Room at a charge of $50 per set plus mailing charges if applicable.

    One copy of the official directory (red book) shall be distributed to each Senator and Representative, thirteen copies to the State Library, three copies to the Secretary of State and a copy shall also be made available to state departments and the press upon request to the Director of the Legislative Research Council. The public may obtain a copy for a fee of $5 payable to the Legislative Documents Room.

    One free copy of the South Dakota Legislative Index shall be distributed to the Governor, the Attorney General and the Supreme Court; thirteen free copies to the State Library Depository; and one free copy to Senators and Representatives. Upon written request to the Legislative Documents Room before January 31, 2001, all other state and private entities may purchase the South Dakota Legislative Index at a cost of $25 per copy.

    The Chief Mailing Clerk shall upon written request furnish any individual, firm, corporation, association, or other organization with a set of House and Senate bills and a set of journals for the Seventy-sixth Legislative Session, for the sum of $50 per set for first-class mailing.

    Legislators may have two copies of all bills and resolutions and two copies of the daily journals distributed or mailed to constituents within the legislator's own district if constituents or legislators pay mailing charges of $50 per set for first-class mailing.

    Registered lobbyists shall be entitled to one copy of the official directory upon payment of the $25 registration fee to the Secretary of State; and upon payment of an additional $50 per set to the Legislative Documents Room, shall be entitled to one copy of all bills and resolutions or journals pursuant to SDCL 2-12-3.

    Bill status reports will be printed and sold to state agencies at cost and to registered lobbyists for $200 payable to the Legislative Documents Room which receipted funds shall be used to pay the printing costs. If bill status is mailed, the cost is $125 for first-class postage.

    A free daily copy of the bill status report shall be distributed as follows:


    Governor; Speaker of the House; Speaker Pro tempore of the House; House Majority Leader; House Minority Leader; House Lobby; Chief Clerk of the House; Lieutenant Governor; President Pro tempore of the Senate; Senate Majority Leader; Senate Minority Leader; Senate Lobby; Secretary of the Senate; Page Advisor; Attorney General; Bureau of Finance and Management; Secretary of State; Treasurer's Office; Auditor's Office; Office of School and Public Lands; and Legislative Research Council.

    The Chief Mailing Clerk shall at the end of the session file a report with the Director of the Legislative Research Council of all money paid for the purchase of bills and journals and show proof of having deposited such money with the State Treasurer. Such funds shall be used to offset the costs of postage and printing of bills and journals.

Respectfully submitted,    Respectfully submitted,
Kent Juhnke    Dick Hainje
J.P. Duniphan    Dennis Daugaard
Sam Nachtigal    Paul Symens
House Committee    Senate Committee

     Sen. Everist moved that the report of the joint-select committee relative to arrangements for the distribution of the official directory, journals, bills, and other legislative printing for the two houses and state offices for the Seventy-sixth Legislative Session be adopted.

     Which motion prevailed and the report was adopted.

MOTIONS AND RESOLUTIONS


     Sen. Hainje moved that SB 65 be referred from the Committee on State Affairs to the Committee on Taxation.

     Which motion prevailed and the bill was so referred.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 66   Introduced by:  Senators Bogue, Brosz, Drake, Everist, and Putnam and Representatives Klaudt, Brown (Jarvis), Napoli, and Pummel

       FOR AN ACT ENTITLED, An Act to   make an appropriation to reimburse the counties in Districts 28A and 28B associated with a special primary election conducted on September 12, 2000, and to declare an emergency.

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


     Sen. de Hueck moved that the Senate do now adjourn, which motion prevailed and at 2:18 p.m. the Senate adjourned.

Patricia Adam, Secretary