Joint Legislative Procedure Minutes 3/8/2017 10:30 AM

92^nd Legislative Session _ 2017

Committee: Joint Legislative Procedure

Wednesday, March 08, 2017

                                            P - Present
                                            E - Excused
                                            A - Absent
Roll Call
P    Curd
P    Frerichs
P    Langer
P    Maher
P    Novstrup
P    Haverly, Vice-Chair
P    Greenfield (Brock), Chair
P    Hawley
P    Lust
P    Peterson (Kent)
P    Qualm
P    Stevens
P    Haggar, Vice-Chair
P    Mickelson, Chair
P    Lieutenant Gov. Michels, (ex-officio member)

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative G. Mark Mickelson, Chair.

Mr. Jason Hancock, Director, Legislative Research Council, had provided the committee with several proposed Joint Rule changes (Document #1).

MOTION:    TO APPROVE THE MINUTES OF WEDNESDAY, JANUARY 11, 2017

Moved by:    Greenfield (Brock)
Second by:    Stevens
Action:    Prevailed by voice vote.

PROPOSED RULE CHANGES TO JOINT RULE 1A-9
Representative Mickelson explained the proposed changes to Joint Rule 1A-9.

MOTION: TO ADOPT PROPOSED RULE CHANGES TO JOINT RULE 1A-9

1A-9. Cellular telephones ~~prohibited~~. Cellular telephones may not be used in either chamber or gallery while the Legislature is in session, except for silent functions that do not distract others.

Moved by:    Frerichs
Second by:    Greenfield (Brock)
Action:    Prevailed by roll call vote. (14-0-0-0)

Voting Yes:    Curd, Frerichs, Langer, Maher, Novstrup, Haverly, Greenfield (Brock), Hawley, Lust, Peterson (Kent), Qualm, Stevens, Haggar, Mickelson

PROPOSED RULE CHANGES TO JOINT RULES CHAPTER 6C
Representative Mickelson explained the proposed changes to Joint Rules Chapter 6C.

MOTION: TO ADOPT PROPOSED RULE CHANGES TO JOINT RULES CHAPTER 6C-1.1 AND 6C-1.3

6C-1.1. Request for fiscal note or prison or jail population cost estimate by any member. A fiscal note or prison or jail population cost estimate may be requested by:

(1) The presiding officer when a bill, amendment, or resolution is introduced;

(2) The chair of the standing committee possessing the bill, amendment, or resolution;

(3) A majority vote of the standing committee possessing the bill, amendment, or resolution; or

(4) A legislator, if the legislator is supported by a vote of one-fifth of the body before the second reading of the bill or resolution.

6C-1.3. Prison or jail population cost estimates. A prison or jail population cost estimate may be requested pursuant to Joint Rule 6C-1.1 for any bill or amendment with a Class 1 misdemeanor penalty that may impact the state prison or county jail population. The cost estimate shall be prepared pursuant to §§ 2-1-19 and 2-1-20.

Moved by:    Stevens
Second by:    Langer
Action:    Prevailed by roll call vote. (14-0-0-0)

Voting Yes:    Curd, Frerichs, Langer, Maher, Novstrup, Haverly, Greenfield (Brock), Hawley, Lust, Peterson (Kent), Qualm, Stevens, Haggar, Mickelson

PROPOSED RULE CHANGES TO JOINT RULES 6D-1, 7-12, AND 17-1
Representative Hawley explained the proposed changes to Joint Rules 6D-1, 7-12, and 17-1.

MOTION: TO ADOPT PROPOSED RULE CHANGES TO JOINT RULES 6D-1, 7-12, AND 17-1, MODIFYING 17-1 BY REMOVING THE OVERSTRIKES IN THE SECOND PARAGRAPH.

6D-1. Referral of bills and resolutions to standing committees. Unless otherwise ordered, each bill or joint resolution shall be referred to a standing committee after its first reading.

If any member introduces an appropriation bill, the bill shall be referred directly to a standing committee. If any Committee on Appropriations introduces an appropriation bill, the presiding officer of the house of origin may waive referral to a standing committee. If ~~an appropriation~~ a bill has received final disposition from the Joint Committee on Appropriations, the presiding officer may waive the referral of the bill to a standing committee.

For the purposes of the Joint Rules, an appropriation bill is any bill that appropriates money from public funds and that appropriation is expressed in the title of the bill.

The presiding officer may waive the referral of concurrent resolutions to a standing committee. A copy of any concurrent resolution shall be posted to the Legislative Research Council internet site before the resolution is acted upon.

7-12. Joint committee on appropriations. The Joint Committee on Appropriations, consisting of the Senate and House Committees on Appropriations, is deemed to be a standing committee of the Senate and House of Representatives for the limited purposes of hearing agency or other budget presentations, and introducing, hearing, or acting on ~~appropriation~~ bills that authorize the sale of state property, appropriate money, or adjust school district property tax levies pursuant to an appropriations bill. All Joint Committee on Appropriations action shall be approved by a majority vote of the Joint Committee unless a member calls for a separate vote of the House Committee on

Appropriations and the Senate Committee on Appropriations in which case a majority vote of each committee is required to adopt the action.

Each agenda for the Joint Committee on Appropriations shall be approved by the chair of the Senate Committee on Appropriations and the chair of the House Committee on Appropriations. The respective vice chair of each committee may sign in the absence of the chair.

17-1. Exceptions to deadlines for appropriation bills. Any general appropriation bill and any bill that adjusts school district property tax levies pursuant to an appropriations bill is not subject to the legislative deadlines of C, E, F, I, J, and K, in this chapter, except that the general appropriation bill requested by the Governor shall be subject to legislative deadline C.

Any appropriation bill that is not a general appropriation bill, which is referred to or reported to the floor by the House Committee on Appropriations, the Senate Committee on Appropriations or the Joint Committee on Appropriations, is subject to the following legislative deadlines, in lieu of the legislative deadlines of E and F, in this chapter:

(1) Last day to move required delivery of bills by a committee to the house of origin: 31^st Day;

(2) Last day to pass bills by the house of origin: 32^nd Day.

Moved by:    Hawley
Second by:    Haggar
Action:    Prevailed by roll call vote. (13-0-1-0)

Voting Yes:    Curd, Frerichs, Langer, Maher, Novstrup, Haverly, Greenfield (Brock), Hawley, Lust, Peterson (Kent), Qualm, Haggar, Mickelson

Excused:    Stevens

PROPOSED RULE CHANGES TO JOINT RULES CHAPTER 7
Senator Frerichs presented and explained proposed changes to Joint Rules Chapter 7.

MOTION: TO ADOPT PROPOSED RULE CHANGES 7-29 TO JOINT RULES CHAPTER 7, MODIFIED BY INSERTING HOGHOUSE BEFORE AMENDMENT TWICE IN THE FIRST SENTENCE.

7-29. Motion to delay action on amendments. Final action upon any hoghouse amendment to a bill or resolution, which hoghouse amendment was not delivered by hand or electronically to committee members by 5 p.m. of the day prior, may not be taken until one legislative day has intervened, if a request for delay is made and supported by at least one-fifth of committee members. However, no such request is in order during the last scheduled meeting of a committee before any applicable requirement to deliver bills or resolutions to the house of origin or the second house.

Moved by:    Frerichs
Second by:    Hawley
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION DO NOT ADOPT PROPOSED RULE CHANGES 7-29 TO JOINT RULES CHAPTER 7.

Moved by:    Lust
Second by:    Langer
Action:    Prevailed by roll call vote. (12-2-0-0)

Voting Yes:    Curd, Langer, Maher, Novstrup, Haverly, Greenfield (Brock), Lust, Peterson (Kent), Qualm, Stevens, Haggar, Mickelson

Voting No:    Frerichs, Hawley

PROPOSED RULE CHANGES TO JOINT RULES CHAPTER 1B
Senator Nelson presented and explained proposed rule changes to Chapter 1B. Representative Mickelson presented and explained another option of proposed rule changes to Chapter 1B.
MOTION:    TO ADOPT PROPOSED RULE CHANGES 1B-3.1 TO JOINT RULES CHAPTER 1B, AS PRESENTED BY SENATOR NELSON, MODIFIED BY DELETING EVERYTHING AFTER THE PERIOD AT THE END OF THE FIRST SENTENCE.
1B-3.1  Sexual contact prohibited. No legislator or legislative employee may have sexual contact with any legislative intern or page, and no legislative intern may have sexual contact with a page.
Moved by:    Maher
Second by:    Langer
Action:    Prevailed by roll call vote. (10-4-0-0)

Voting Yes:    Frerichs, Langer, Maher, Haverly, Greenfield (Brock), Hawley, Peterson (Kent), Qualm, Haggar, Mickelson

Voting No:    Curd, Novstrup, Lust, Stevens

MOTION:    TO TABLE PROPOSED RULE CHANGES TO JOINT RULES CHAPTER 1B, AS PRESENTED BY REPRESENTATIVE MICKELSON.

1B-3.1 Prohibited contact. A member of the Legislature may not have sexual contact with any legislative intern or page. A member of the Legislature may not have sexual contact with any other legislative employee unless the legislative employee is the legislator's spouse. A legislator with firsthand knowledge of a violation of this section shall report the violation in writing to the president pro tempore of the Senate if the violation was committed by a member of the Senate, or the speaker of the House if the violation was committed by a member of the House of Representatives. Failure to report firsthand knowledge of a violation of this section, or falsely reporting a violation of this section, is a violation of Joint Rule 1B-1. The provisions of this section apply only to prohibited sexual contact occurring during the previous five (5) years.

Moved by:    Mickelson
Second by:    Curd
Action:    Prevailed by roll call vote. (14-0-0-0)

Voting Yes:    Curd, Frerichs, Langer, Maher, Novstrup, Haverly, Greenfield (Brock), Hawley, Lust, Peterson (Kent), Qualm, Stevens, Haggar, Mickelson

PROPOSED RULE CHANGES TO JOINT RULES CHAPTER 3-7

MOTION: TO ADOPT PROPOSED RULE CHANGES TO JOINT RULES CHAPTER 3-7

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 within one year of its occurrence. Such complaints may be reported to: ~~or any supervisor~~

(1) ~~the~~ The president pro tempore of the Senate, in the case of a Senate employee;

(2) The speaker of the House, in the case of a House employee;

(3) Any legislator who supervises House or Senate employees, respectively;

(4) A majority or minority party legislative secretary; or

(5) The Legislative Research Council Director, Deputy Director, or intern coordinators.

Any complaints received pursuant to (3), (4), or (5) shall be reported promptly, in writing, by the recipient of the complaint to the president pro tempore of the Senate or the speaker of the House, respectively. If the situation is not resolved, the employee shall forward the complaint to the Executive Board of the Legislative Research Council. The provisions of this section apply only to complaints which are made on a timely basis under the provisions of this section.

Moved by:    Haggar
Second by:    Qualm
Action:    Prevailed by roll call vote. (14-0-0-0)

Voting Yes: Curd, Frerichs, Langer, Maher, Novstrup, Haverly, Greenfield (Brock), Hawley, Lust, Peterson (Kent), Qualm, Stevens, Haggar, Mickelson

PROPOSED RULE CHANGES TO JOINT RULES CHAPTER 1B

Senator Nelson presented and explained proposed changes to Joint Rules Chapter 1-B.

MOTION: DO NOT ADOPT PROPOSED CHANGES 1B-3.1 TO JOINT RULES CHAPTER 1-B.

1B-3.1. Vote trading or "logrolling" prohibited. No legislator may give, offer, or promise to give his or her vote or influence in favor of or against any candidate for any office or position elected or appointed by the Legislature, or any bill, resolution, or amendment pending or proposed to be introduced in the Legislature in consideration or upon condition that any other legislator will give, promise, or agree to give his or her vote or influence in favor of or against any other candidate for any office or position elected or appointed by the Legislature, or any bill, resolution, or amendment pending or proposed to be introduced in the Legislature. Any legislator found to have violated this provision pursuant to the rules of the Chamber and Mason's Manual of Legislative Procedure shall be recommended for expulsion.

Moved by: Langer
Second by: Haggar

Action: Prevailed by roll call vote. (9-5-0-0)

Voting Yes: Langer, Haverly, Hawley, Lust, Peterson (Kent), Qualm, Stevens, Haggar, Mickelson

Voting No: Curd, Frerichs, Maher, Novstrup, Greenfield (Brock)

PROPOSED RULE CHANGES TO JOINT RULES CHAPTER 6B

Lieutenant Governor Michels presented and explained proposed changes to Joint Rules Chapter 6B.

MOTION: TO MODIFY THE COMMITTEE AGENDA BY ADDING THE LIEUTENANT GOVERNOR'S PROPOSED CHANGES TO JOINT RULES AND TO ADOPT PROPOSED CHANGES TO JOINT RULES, MODIFIED BY ADDING A PERIOD AFTER ELECTRONICALLY AND DELETING THE REMAINDER OF THE SENTENCE.

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. The chairman may approve introduction of the bill electronically.

Moved by:    Greenfield (Brock)
Second by:    Curd
Action:    Prevailed by roll call vote. (14-0-0-0)

Voting Yes: Curd, Frerichs, Langer, Maher, Novstrup, Haverly, Greenfield (Brock), Hawley, Lust, Peterson (Kent), Qualm, Stevens, Haggar, Mickelson

2018 LEGISLATIVE CALENDAR
Mr. Jason Hancock, Director, Legislative Research Council had provided the committee with five color-coded versions of the South Dakota Legislative Session Calendar (Document #2).

MOTION: TO ADOPT THE GOLD CALENDAR VERSION WITH MODIFICATIONS

Moved by:    Lust
Second by:    Stevens
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION ADOPT THE GREEN CALENDAR

Moved by:    Frerichs
Second by:    Langer
Action:    Failed by roll call vote. (3-11-0-0)

Voting Yes: Frerichs, Novstrup, Mickelson

Voting No: Curd, Langer, Maher, Haverly, Greenfield (Brock), Hawley, Lust, Peterson (Kent), Qualm, Stevens, Haggar

MOTION: THE ORIGINAL MOTION TO ADOPT THE GOLD CALENDAR WITH MODIFICATIONS.

Moved by:    Lust
Second by:    Stevens
Action:    Failed by roll call vote. (5-9-0-0)

Voting Yes:    Curd, Novstrup, Lust, Stevens, Haggar

Voting No:    Frerichs, Langer, Maher, Haverly, Greenfield (Brock), Hawley, Peterson (Kent), Qualm, Mickelson

MOTION:    TO ADOPT THE GOLD CALENDAR AS PRESENTED

Moved by:    Greenfield (Brock)
Second by:    Frerichs
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION TO ADOPT THE PINK CALENDAR AS PRESENTED

Moved by:    Langer
Second by:    Lust
Action:    Failed by roll call vote. (7-7-0-0)

Voting Yes:    Frerichs, Langer, Maher, Haverly, Greenfield (Brock), Lust, Qualm

Voting No:    Curd, Novstrup, Hawley, Peterson (Kent), Stevens, Haggar, Mickelson

MOTION: ORIGINAL MOTION TO ADOPT THE GOLD CALENDAR AS PRESENTED, WITH THE MODIFICATION OF MOVING THE FIFTH WEEK TO MONDAY THROUGH THURSDAY.

Moved by: Greenfield (Brock)

Second by:    Frerichs
Action:    Prevailed by roll call vote. (12-2-0-0)

Voting Yes:    Curd, Frerichs, Maher, Novstrup, Haverly, Greenfield (Brock), Hawley, Peterson (Kent), Qualm, Stevens, Haggar, Mickelson

Voting No:    Langer, Lust

MOTION:    MODIFY THE COMMITTEE AGENDA SO THAT THE CHAPTER 17 LEGISLATIVE DEADLINES MAY BE AMENDED

Moved by:    Haggar
Second by:    Curd
Action:    Prevailed by roll call vote. (13-1-0-0)

Voting Yes:    Curd, Frerichs, Langer, Maher, Novstrup, Haverly, Greenfield (Brock), Lust, Peterson (Kent), Qualm, Stevens, Haggar, Mickelson

Voting No:    Hawley

MOTION:    TO MODIFY CHAPTER 17 OF THE JOINT RULES BY MOVING DEADLINES E. AND F. BACK BY ONE DAY.

CHAPTER 17. LEGISLATIVE DEADLINES

Legislative Deadlines
Legislative Action	40 Day Session
A. Last day for unlimited introduction of individual bills and joint resolutions¹	12^th Day
B. Last day for introduction of individual bills and joint resolutions¹	15^th Day
C. Last day for introduction of committee bills and joint resolutions¹	16^th Day
D. Last day upon which Joint Rule 5-17 can be invoked on a bill or resolution in either house	26^th Day
E. Last day to move required delivery of bills or resolutions by a committee to the house of origin	~~27^th Day~~ 28^th Day
F. Last day to pass bills or joint resolutions by the house of origin and to introduce concurrent resolutions	~~28^th Day~~ 29^th Day
G. Last day for introduction of commemorations	33^rd Day
H. During the seven final legislative days motions to reconsider and reconsideration being made upon the same day (any time before adjournment)	34^th Day on
I. Last day to move required delivery of bills or resolutions by a committee to the second house	35^th Day
J. Last day for a bill or joint resolution to pass both houses	36^th Day
K. Two days preceding the last two days of a legislative session shall be reserved for concurrences or action upon conference committee reports	37^th Day 38^th Day
L. The last day of a legislative session is reserved for the consideration of vetoes	40^th Day
¹ Bills and joint resolutions must be submitted to the Legislative Research Council at least 48 hours prior to this deadline, pursuant to Joint Rule 6A-5.

Moved by:    Curd
Second by:    Lust
Action:    Prevailed by roll call vote. (10-4-0-0)

Voting Yes:    Curd, Frerichs, Langer, Maher, Novstrup, Haverly, Greenfield (Brock), Lust, Stevens, Mickelson

Voting No:    Hawley, Peterson (Kent), Qualm, Haggar

MOTION:    ADJOURN

Moved by:    Curd
Second by:    Greenfield (Brock)
Action:    Prevailed by voice vote.

Rena Ortbahn

____________________________

Committee Secretary

G. Mark Mickelson, Chair

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