Joint Journal 01/19/1999 2:00 PM

JOURNAL OF THE HOUSE

SEVENTY-FOURTH SESSION

SIXTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
January 19, 1999

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

     The prayer was offered by the Chaplain, Father Darrell V. Lamberty, followed by the Pledge of Allegiance led by House page Kristen Ganske.

     Roll Call: All members present except Reps. Jarvis Brown and Wetz 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 fifth 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.

HONORED GUESTS

Rep. Putnam introduced Miss Jennifer Kortan, Tabor Czech Days Queen.

Rep. McNenny introduced Terry Nelson of Black Hawk, the 1998-1999 Outstanding School Board Member.

Rep. Putnam introduced Kristine K. Malloy of Parkston, South Dakota's 1999 Teacher of the Year.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1055 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1052 and returns the same with the recommendation that said bill be amended as follows:

f-1052a

On page 1 , line 7 of the printed bill , delete " search performed " and insert " request " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Transportation respectfully reports that it has had under consideration HB 1037 and returns the same with the recommendation that said bill be amended as follows:

o-1037a

On page 3 , line 18 of the printed bill , overstrike " 11506 " .

F-1037

On page 6 , line 9 of the printed bill , overstrike " public utilities " .

o-1037

On page 5 , line 9 of the printed bill , after " may " insert " ,upon proof of satisfactory financial responsibility, " .

And that as so amended said bill do pass and be placed on the Consent Calendar.

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

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1060 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Taxation respectfully reports that it has had under consideration HB 1023 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
John Koskan, Chair

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1057 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HCR 1001 and returns the same with the recommendation that said resolution be adopted.

Respectfully submitted,
Roger Brooks, Chair

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1017 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1015 and returns the same with the recommendation that said bill be amended as follows:

F-1015

On page 2 , line 17 of the printed bill , delete " judges " and insert " deputies " .

On page 2 , line 21 , delete " judge " and insert " deputy " .

On page 2 , line 24 , delete " judge " in both locations and insert " deputy " in both locations.

On page 3 , line 2 , delete " judges " and insert " deputies " .

On page 3 , line 7 , delete " judges " and insert " deputies " .

On page 4 , line 2 , after " election " insert " in a legal newspaper or newspapers of general circulation in the proposed district " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1016 and returns the same with the recommendation that said bill be amended as follows:

F-1016

On page 1 , line 2 of the printed bill , delete " ties " and insert " tie " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Local Government respectfully reports that it has had under consideration HB 1018 and returns the same with the recommendation that said bill be amended as follows:

f-1018

On page 2 , line 8 of the printed bill , delete " at least " .

On page 2 , line 8 , after " list " insert " at least " .

On page 2 , line 15 , delete " precinct deputies " and insert " members of the precinct election board " .

And that as so amended said bill do pass.

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1044 and 1046 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1047 and returns the same with the recommendation that said bill be amended as follows:

j-1047

On page 1 , line 8 of the printed bill , delete " July " and insert " January " .

On page 1 , line 9 , after " on " insert " a " .

J-1047a

On page 1 , line 8 of the printed bill , delete " bank " and insert " banks " .

J-1047t

On page 1 , line 1 of the printed bill , delete " state-charted " and insert " state-chartered " .

On page 1 , line 2 , delete " charted " and insert " chartered " .

And that as so amended said bill do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1049 and returns the same with the recommendation that said bill be amended as follows:

j-1049

On page 1 , line 14 of the printed bill , overstrike " July " and insert " January " .

And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Robert Roe, Chair

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1030 and returns the same with the recommendation that said bill do pass.

Also MR. SPEAKER:

The Committee on Education respectfully reports that it has had under consideration HB 1031 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Richard “Dick” Brown, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to transmit herewith SB 6, 16, 18, 24, 37, 42, and 45 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
PATRICIA ADAM, Secretary

MOTIONS AND RESOLUTIONS

HCR 1002 Introduced by: Representatives Hunt, Apa, Brooks, Crisp, Derby, Diedrich (Larry), Duenwald, Fiegen, Fryslie, Jaspers, Klaudt, McCoy, Napoli, Sutton (Daniel), and Windhorst and Senators Ham, Kloucek, Lange, Madden, Olson, Staggers, and Vitter

A CONCURRENT RESOLUTION, Endorsing and supporting international freedom from persecution for religious beliefs.

WHEREAS, the right of freedom of religion undergirds the very origin and existence of the United States, since many of our Nation's founders, from John Winthrop to Roger Williams to William Penn, fled religious persecution abroad in order to establish in law, as a fundamental right and as a pillar of our Nation, the right to freedom of religion; and

WHEREAS, from its birth to this day, the United States has prized this legacy of religious freedom and honored this heritage by standing for religious freedom and offering refuge to those suffering religious persecution; and

WHEREAS, freedom of religious belief and practice is a universal human right and fundamental freedom articulated in numerous international instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Helsinki Accords, the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief, the United Nations Charter, and the European Convention for the Protection of Human Rights and Fundamental Freedoms; and

WHEREAS, the right to freedom of religion is under renewed and, in some cases, increasing assault in many counties around the world; and

WHEREAS, it is even more abhorrent that religious believers in many countries face such severe and violent forms of religious persecution as detention, torture, beatings, forced marriage, rape, imprisonment, enslavement, mass resettlement, and death merely for the peaceful belief in, change of, or practice of their faith; and

WHEREAS, in many counties, religious believers are forced to meet secretly, and religious leaders are targeted by national security forces and hostile mobs; and

WHEREAS, though not confined to a particular region or regime, religious persecution is often particularly widespread, systematic, and heinous under totalitarian governments and in countries with militant, politicized religious majorities; and

WHEREAS, persecution of religious believers around the world has emerged as one of the most compelling human rights issues of the day, in particular, the worldwide persecution and martyrdom of Christians persists at alarming levels, which is an affront to the international moral community and to all people of conscience; and

WHEREAS, Chinese Christians and Tibetan Buddhists are now experiencing the worst persecution at the hands of the Chinese government since the 1970s; and

WHEREAS, severe persecution of people for their religious beliefs is also occurring in North Korea, Cuba, Vietnam, Indonesia, including East Timor, and in certain countries in the Middle East and the former Soviet Union, to name only a few; and

WHEREAS, the militant Muslim government of Sudan is waging what its leader had described as a jihad, or religious war, against Christian and other non-Muslim citizens in the southern part of the country, enforcing Islamic Shari'a law against non-Muslim African Sudanese, torturing, starving, killing, and displacing over one million people, and enslaving tens of thousands of women and children; and

WHEREAS, historically, the United States has in many instances failed to intervene successfully to stop anti-Christian and other religious persecution; and

WHEREAS, in the past, the United States has forcefully taken up the cause of other persecuted religious believers and the United States should continue to intervene on behalf of persecuted religious believers throughout the world:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- fourth Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature urges the United States to:

(1) Condemn violations of religious freedom, and to promote, and to assist other governments in the promotion of, the fundamental right to freedom of religion; and

(2) Seek to channel United States security and development assistance to governments other than those found to be engaged in gross violations of the right to freedom of religion, as set forth in the Foreign Assistance Act of 1961, in the International Financial Institutions Act of 1977, and in other formulations of United States human rights policy; and

(3) Work with foreign governments that affirm and protect religious freedom, in order to develop multilateral documents and initiatives to combat violations of religious freedom and promote the right to religious freedom abroad; and

BE IT FURTHER RESOLVED, that, in accordance with the provisions of the International Religious Freedom Act of 1998, that Senator Thomas Daschle, as Senate Minority Leader, together with other members of the South Dakota delegation, recommend to the President of the United States the appointment of members of uncompromising opposition towards religious persecution to the newly created commission on religious persecution, created by the International Religious Freedom Act of 1998.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1074 Introduced by: Representatives Eccarius, Apa, Brown (Richard), Crisp, Diedrich (Larry), Hunt, McCoy, McNenny, Michels, Peterson, and Smidt and Senators Hainje, Everist, Ham, Madden, Staggers, and Whiting

     FOR AN ACT ENTITLED, An Act to revise certain provisions related to enrollment and attendance by secondary school students in postsecondary courses.

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

HB 1075 Introduced by: Representatives Eccarius, Broderick, Brooks, Brown (Richard), Davis, Diedrich (Larry), Duniphan, Fiegen, Fischer-Clemens, Koetzle, Konold, Kooistra, and Richter and Senators Hutmacher, Brown (Arnold), Everist, Flowers, Hainje, Ham, Madden, Moore, Olson, Shoener, Symens, and Vitter

FOR AN ACT ENTITLED, An Act to repeal certain provisions related to public school open enrollment procedures and tuition.

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

     HB 1076 Introduced by: Representatives Haley, Cutler, Koetzle, and Lucas and Senators Daugaard, Everist, Hutmacher, Kloucek, Moore, and Olson

     FOR AN ACT ENTITLED, An Act to appropriate federal funds for the continuation of the Visitation Enforcement Program Implementation Task Force.

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

     HB 1077 Introduced by: Representatives Hunt and Crisp and Senators Everist and Lange

     FOR AN ACT ENTITLED, An Act to clarify voting eligibility and procedures for certain municipal incorporation elections.

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

     HB 1078 Introduced by: Representatives Kooistra, Davis, Fischer-Clemens, Hennies, Jaspers, Munson (Donald), Patterson, Slaughter, Solum, and Weber and Senators Lawler, Brosz, Lange, and Moore

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding insurance premium discounts for persons fifty-five years of age or older who complete a safe driving course.

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

     HB 1079 Introduced by: Representatives Cutler, Haley, and Hunt and Senators Rounds, Halverson, and Hutmacher

     FOR AN ACT ENTITLED, An Act to make an appropriation for the acquisition of Census 2000 redistricting data and to declare an emergency.

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

     HB 1080 Introduced by: Representatives Munson (Donald), Apa, Brown (Jarvis), Duenwald, and Fryslie and Senators Moore, Olson, and Reedy

     FOR AN ACT ENTITLED, An Act to revise the inheritance tax exemptions and the rate of taxation applied to certain individuals.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1034: FOR AN ACT ENTITLED, An Act to exempt the purchasing of natural gas from certain competitive bid requirements.

Was read the second time.

     The question being "Shall HB 1034 pass as amended?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Brown (Jarvis); Wetz

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 1022: FOR AN ACT ENTITLED, An Act to provide for an extension of the period of imprisonment as a condition for probation or suspension of sentence.

Was read the second time.

Rep. Michels moved that HB 1022 be deferred until Friday, January 22, the 9th legislative day.

Which motion prevailed and the bill was so deferred.

Rep. Michels requested a fiscal note on HB 1022.

Which request was supported.

HB 1027: FOR AN ACT ENTITLED, An Act to increase the maximum benefits payable under the crime victims' compensation program.

Was read the second time.

     The question being "Shall HB 1027 pass?"

     And the roll being called:

     Yeas 68, Nays 0, Excused 2, Absent and Not Voting 0

     Yeas were:
Apa; Broderick; Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fiegen; Fischer-Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Konold; Kooistra; Koskan; Lintz; Lockner; Lucas; McCoy; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Peterson; Pummel; Putnam; Richter; Roe; Sebert; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Excused were:
Brown (Jarvis); Wetz

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 1036: FOR AN ACT ENTITLED, An Act to permit the State of South Dakota to waive bid security on bids for public improvements under certain circumstances.

Was read the second time.

     The question being "Shall HB 1036 pass?"

     And the roll being called:

     Yeas 60, Nays 7, Excused 3, Absent and Not Voting 0

     Yeas were:
Brooks; Brown (Richard); Burg; Cerny; Chicoine; Clark; Crisp; Cutler; Davis; Derby; Diedrich (Larry); Diedtrich (Elmer); Duenwald; Duniphan; Earley; Eccarius; Engbrecht; Fischer- Clemens; Fitzgerald; Fryslie; Garnos; Hagen; Haley; Hanson; Hennies; Jaspers; Juhnke; Kazmerzak; Klaudt; Koehn; Koetzle; Kooistra; Koskan; Lintz; Lockner; Lucas; McIntyre; McNenny; Michels; Monroe; Munson (Donald); Nachtigal; Napoli; Patterson; Pummel; Richter; Roe; Slaughter; Smidt; Solum; Sutton (Daniel); Sutton (Duane); Volesky; Waltman; Weber; Wilson; Windhorst; Wudel; Young; Speaker Hunt

Nays were:
Apa; Broderick; Fiegen; Konold; McCoy; Peterson; Sebert

Excused were:
Brown (Jarvis); Putnam; Wetz

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 6: FOR AN ACT ENTITLED, An Act to revise the authority of the Board of Economic Development.

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

SB 16: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding receipts and reimbursement for inmate transports to the penitentiary.

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

SB 18: FOR AN ACT ENTITLED, An Act to allow an inmate to waive a noncompliance hearing with the Board of Pardons and Paroles.

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

SB 24: FOR AN ACT ENTITLED, An Act to exempt certain contracting school districts from the requirement to reorganize.

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

SB 37: FOR AN ACT ENTITLED, An Act to update references to certain federal regulations regarding the pipeline safety inspection program.

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

SB 42: FOR AN ACT ENTITLED, An Act to designate certain areas within the state park system which the Game, Fish and Parks Commission may require a park license and to declare an emergency.

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

SB 45: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the notice of meetings of the State Board of Funeral Service.

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

Rep. Sutton (Duane) moved that the House do now adjourn, which motion prevailed, and at 2:32 p.m. the House adjourned.

KAREN GERDES, Chief Clerk