JOURNAL OF THE HOUSE

SEVENTY-SEVENTH  SESSION




SECOND DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Wednesday, January 9, 2002

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

     The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of Allegiance led by House page Heather Rayburn.

     Roll Call: All members present except Reps. Adelstein and Kloucek who were excused.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the first day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Scott Eccarius, Chair

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


MR. SPEAKER:

    Your Joint-Select Committee appointed for the purpose of fixing the compensation of the elective and appointive officers and employees of the House and Senate for the Seventy-seventh 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 eight trips will be considered for the 2002 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

Also MR. SPEAKER:

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


    The Legislature order 350 copies of the Senate and House bills and resolutions (each); and 400 copies of the Senate and House daily journals (each) for the Seventy-seventh 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, 2002, 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-seventh 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    Arnold Brown
J.P. Duniphan    Dennis Daugaard
Sam Nachtigal    Paul Symens
House Committee    Senate Committee

Also MR. SPEAKER:

    Your Joint-Select Committee appointed on joint rules respectfully reports that it has had under consideration the joint rules and recommends that the joint rules of the Seventy-sixth Legislative Session be adopted as the joint rules of the Seventy-seventh Legislative Session with the following changes:

    2-4. Access to chamber and lobbies. Except as otherwise provided in Joint Rule 2-1, no person, except current legislators and legislative employees, may enter either chamber or space reserved for members of the Legislature adjacent to either 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 chamber. However, under no circumstances may a lobbyist enter either chamber or reserved space for a period of three hours preceding a session or one hour after adjournment of the chamber.

    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.

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

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



MOTIONS AND RESOLUTIONS


     Rep. Bill Peterson moved that a House Select Committee be appointed to meet relative to the rules of the House for the Seventy-seventh Legislative Session.

     Which motion prevailed and the Speaker appointed Reps. Eccarius, Bill Peterson, and Mel Olson.

CONSIDERATION OF REPORTS OF SELECT COMMITTEES


     Rep. Monroe moved that the report of the Joint-Select Committee relative to the selection of chaplains for the Seventy-seventh Legislative Session as found on page 26 of the House Journal be adopted.

     Which motion prevailed and the report was adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1054   Introduced by:  Representatives Smidt, Lange, and Michels and Senators Bogue, Dennert, and McCracken

       FOR AN ACT ENTITLED, An Act to   require the service of certain documents on the Interim Rules Review Committee a certain time before the committee meets to review the rules.

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

     The following bills have had their first reading and the Speaker assigned them to the following committees:

     HB 1004 was referred to the Committee on Education.

     HB 1005 was referred to the Committee on State Affairs.

     HB 1006 was referred to the Committee on Local Government.

     HB 1007 was referred to the Committee on Local Government.

     HB 1008 was referred to the Committee on Local Government.

     HB 1009 was referred to the Committee on Local Government.

     HB 1010 was referred to the Committee on Local Government.

     HB 1011 was referred to the Committee on Judiciary.



     HB 1012 was referred to the Committee on Judiciary.

     HB 1013 was referred to the Committee on Judiciary.

     HB 1014 was referred to the Committee on Judiciary.

     HB 1015 was referred to the Committee on Judiciary.

     HB 1016 was referred to the Committee on Judiciary.

     HB 1017 was referred to the Committee on Health and Human Services.

     HB 1018 was referred to the Committee on Education.

     HB 1019 was referred to the Committee on Agriculture and Natural Resources.

     HB 1020 was referred to the Committee on Commerce.

     HB 1021 was referred to the Committee on Commerce.

     HB 1022 was referred to the Committee on Commerce.

     HB 1023 was referred to the Committee on Transportation.

     HB 1024 was referred to the Committee on Transportation.

     HB 1025 was referred to the Committee on Transportation.

     HB 1026 was referred to the Committee on Transportation.

     HB 1027 was referred to the Committee on Commerce.

     HB 1028 was referred to the Committee on Commerce.

     HB 1029 was referred to the Committee on Commerce.

     HB 1030 was referred to the Committee on Transportation.

     HB 1031 was referred to the Committee on Appropriations.

     HB 1032 was referred to the Committee on Retirement Laws.

     HB 1033 was referred to the Committee on Retirement Laws.

     HB 1034 was referred to the Committee on Transportation.

     HB 1035 was referred to the Committee on Transportation.

     HB 1036 was referred to the Committee on Taxation.


     HB 1037 was referred to the Committee on Transportation.

     HB 1038 was referred to the Committee on Transportation.

     HB 1039 was referred to the Committee on State Affairs.

     HB 1040 was referred to the Committee on Commerce.

     HB 1041 was referred to the Committee on Agriculture and Natural Resources.

     HB 1042 was referred to the Committee on Agriculture and Natural Resources.

     HB 1043 was referred to the Committee on Agriculture and Natural Resources.

     HB 1044 was referred to the Committee on Health and Human Services.

     HB 1045 was referred to the Committee on Agriculture and Natural Resources.

     HB 1046 was referred to the Committee on Agriculture and Natural Resources.

     HB 1047 was referred to the Committee on Agriculture and Natural Resources.

     HB 1048 was referred to the Committee on State Affairs.

     HB 1049 was referred to the Committee on State Affairs.

     HB 1050 was referred to the Committee on State Affairs.

     HB 1051 was referred to the Committee on State Affairs.

     HB 1052 was referred to the Committee on State Affairs.

     HB 1053 was referred to the Committee on State Affairs.

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


REPORTS OF SELECT COMMITTEES

MR. SPEAKER:

Your Select Committee appointed on House rules respectfully reports that it has had under consideration the House rules and recommends that the temporary House rules become the permanent House rules of the Seventy-seventh Legislative Session with the following exception:

    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.

Respectfully submitted
Scott Eccarius    
Bill Peterson    
Mel Olson    
House Committee    



     Rep. Lintz moved that the House do now adjourn, which motion prevailed and at 2:13 p.m. the House adjourned.

Karen Gerdes, Chief Clerk