JOURNAL OF THE SENATE

SEVENTY-SEVENTH  SESSION




SECOND DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 9, 2002

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

     The prayer was offered by the Chaplain, Father Dale Kutil, followed by the Pledge of Allegiance led by Senate page Mariah Kennedy.

     Roll Call: All members present.

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.
EXECUTIVE AND JUDICIAL COMMUNICATIONS



August 27, 2001

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Chapter 23A-28B-3 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Jerome K. Howe, Davison County, Mitchell, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

    This appointment is effective immediately, and shall continue until July 1, 2003.

Sincerely,
William J. Janklow
Governor

    The President referred the appointment to the Committee on Judiciary.

January 5, 2002

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Section 9, Article IV, of the Constitution of South Dakota and Chapters 1-32 and 1-36A of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Betty Oldenkamp, Stanley County, Ft. Pierre, South Dakota, Secretary of the Department of Human Services.

    This appointment is effective August 17, 2001, and shall continue at the pleasure of the Governor.

Sincerely,
William J. Janklow
Governor

    The President referred the appointment to the Committee on Health and Human Services.


July 26, 2001

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Randy Morris, Lawrence County, Spearfish, South Dakota, to the State Board of Regents.

    This appointment is effective immediately, and shall continue until March 31, 2004.

Sincerely,
William J. Janklow
Governor

    The President referred the appointment to the Committee on Education.

August 27, 2001

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Chapter 23A-28B-3 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Fred K. Eisenbraun, Pennington County, Rapid City, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

    This appointment is effective immediately, and shall continue until July 1, 2004.

Sincerely,
William J. Janklow
Governor

    The President referred the appointment to the Committee on Judiciary.


August 27, 2001

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of Chapter 23A-28B-3 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Judith E. Hines, Minnehaha County, Brandon, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

    This appointment is effective immediately, and shall continue until July 1, 2002.

Sincerely,
William J. Janklow
Governor

    The President referred the appointment to the Committee on Judiciary.

December 6, 2001

The Honorable Carole Hillard
President of the Senate
500 East Capitol
Pierre, SD 57501

Re: Appointment of Jerome B. Lammers

Dear Madam President and Members of the Senate:

    Pursuant to the provisions of SDCL 24-13-1, and subject to your confirmation, I have the honor to inform you that I have appointed Jerome B. Lammers to the Board of Pardons and Paroles. I have enclosed his Statement of Financial Interest and Executive Appointment.

    This appointment is effective immediately and until January, 2005.

Sincerely,
Mark Barnett
Attorney General

    The President referred the appointment to the Committee on State Affairs.


December 17, 2001

The Honorable Carole Hillard
President, South Dakota Senate
Capitol Building
Pierre, South Dakota 57501

Dear President Hillard:

    The Court has today appointed Timothy W. Bjorkman, an attorney from Bridgewater, South Dakota, to fill the unexpired term of Mary Lou Jorgensen as a member of the Board of Pardons and Paroles. Pursuant to SDCL 24-13-2, this interim appointment expires at the end of the 2002 Legislative Session.

    Mr. Bjorkman has also been appointed to a full four-year term commencing the day after the last 2002 legislative day, subject to the advice and consent of the Senate as required by SDCL 24-13-1. Accordingly, the Court requests that you submit said appointment to the Senate for consent during the 2002 Legislative Session.

    Thank you for your cooperation. We will await your advice as to the Senate's action with regard to this appointment.

Very truly yours,
Shirley A. Jameson-Fergel
Clerk

    The President referred the appointment to the Committee on State Affairs.

REPORTS OF JOINT-SELECT COMMITTEES



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 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 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-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 MADAM PRESIDENT:

    Your Joint-Select Committee appointed on joint rules respectfully reports that it has had under consideration the joint rules and recommends that the joint rules of the Seventy-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

MESSAGES FROM THE HOUSE


MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Michels, Napoli, and Burg as a committee of three on the part of the House to meet with a like committee on the part of the Senate to make arrangements for the Joint Session to hear the message of the Governor.


Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Michels, Napoli, and Burg as a committee of three on the part of the House to meet with a like committee on the part of the Senate to notify the Governor that the Legislature is ready to meet in Joint Session to receive any communications he may desire to transmit.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Eccarius, Bill Peterson, and Olson as a committee of three on the part of the House to meet with a like committee on the part of the Senate relative to the joint rules for the two Houses for the ensuing session.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Duenwald, Jaspers, and Nachtigal as a committee of three on the part of the House to meet with a like committee on the part of the Senate to arrange for legislative days for members, officers, and employees for the Seventy-seventh Legislative Session.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Eccarius, Bill Peterson, and Olson as a committee of three on the part of the House to meet with a like committee on the part of the Senate to fix 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, with the full power to act and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Juhnke, Duniphan, and Nachtigal as a committee of three on the part of the House to meet with a like committee on the part of the Senate to confer 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 full power to act.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Monroe, Garnos, and Flowers as a committee of three on the part of the House to meet with a


like committee on the part of the Senate to secure chaplains for the Seventy-seventh Legislative Session.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Smidt, Kooistra, and Lange as a committee of three on the part of the House to meet with a like committee on the part of the Senate to arrange for a memorial recognition of deceased former members of the House and Senate.

Also MADAM PRESIDENT;

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of arranging a Joint Session of the two Houses to receive the message of the Governor.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of notifying the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to transmit.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of arranging legislative days for members, officers, and employees of the House and Senate.

Also MADAM PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of securing chaplains for the Seventy-seventh Legislative Session.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Everist moved that SB 41 be referred from the Committee on State Affairs to the Committee on Education.


     Which motion prevailed.

     Sen. Everist moved that a Senate Select Committee be appointed to meet relative to the Senate rules for the Seventy-seventh Legislative Session.

     Which motion prevailed.

    The President appointed as such committee Sens. Everist, Brown, and Hutmacher.

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES


     Sen. Everist moved that the report of the Joint-Select Committee relative to securing chaplains for the Seventy-seventh Legislative Session as found on page 10 of the Senate Journal be adopted.

     Which motion prevailed.

     Sen. Everist moved that the report of the Joint-Select Committee relative to making arrangements for legislative days as found on page 10 of the Senate Journal be adopted.

     Which motion prevailed.

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

REPORT OF SENATE SELECT COMMITTEE

MADAM PRESIDENT:

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

    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.

Respectfully submitted
Barbara Everist    
Arnold Brown    
Jim Hutmacher    
Senate Committee    


     Sen. Bogue moved that the Senate do now adjourn, which motion prevailed and at 2:21 p.m. the Senate adjourned.

Patricia Adam, Secretary