House of Representatives Journal 1/26/2009 02:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FOURTH SESSION

NINTH DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, January 26, 2009

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

The prayer was offered by the Chaplain, Pastor Paul Bly, followed by the Pledge of Allegiance led by House page Dawn Beck.

Roll Call: All members present except Rep. Van Gerpen who was 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 eighth 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,

Timothy A. Rave, Chair

Which motion prevailed.

The oath of office was administered by Speaker Rave to the following named pages:

Carmen Allcock, Caleb Anderson, Scott Athey, Dawn Beck, Brittni Butler, Breanna Dirksen, Hanna Distel, Gail Gabriel, Ian Hafner, Whitney Jencks, Jennifer Knock, Lexy Weber.

Which was subscribed to and placed on file in the office of the Secretary of State.

REPORTS OF STANDING COMMITTEES

MR. SPEAKER:

The Committee on State Affairs 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 State Affairs respectfully reports that it has had under consideration HB 1005 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Bob Faehn, Chair

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1097 and 1103 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1082 and returns the same with the recommendation that said bill be amended as follows:

1082sb

On page 6, line 6, of the printed bill, delete everything after " determination " and insert " that the rule is authorized by the standards provided in the statutes cited by the agency to promulgate the rule. ".

On page 6, delete lines 7 to 10, inclusive.

And that as so amended said bill do pass.

Respectfully submitted,
Joni M. Cutler, Chair

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1056 and 1058 and returns the same with the recommendation that said bills do pass.

Also MR. SPEAKER:

The Committee on Commerce respectfully reports that it has had under consideration HB 1059 and returns the same with the recommendation that said bill be amended as follows:

1059sa

On page 1, line 7, of the printed bill, after "entity" insert "that acts as an insurance producer or receives an insurance commission".

And that as so amended said bill do pass.

Respectfully submitted,
Tim Rounds, Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HCR 1002 in which the Senate has concurred.

Also MR. SPEAKER:

I have the honor to transmit herewith SB 56, 58, and 60 which have passed the Senate and your favorable consideration is respectfully requested.

Respectfully,
Trudy Evenstad, Secretary

MOTIONS AND RESOLUTIONS

HCR 1003 Introduced by: Representatives Lederman, Blake, Bolin, Boomgarden, Brunner, Burg, Carson, Cronin, Curd, Cutler, Deadrick, Dennert, Dreyer, Elliott, Engels, Faehn, Fargen, Feickert, Feinstein, Frerichs, Gibson, Gosch, Greenfield, Hamiel, Hoffman, Hunhoff (Bernie), Hunt, Jensen, Juhnke, Kirkeby, Kirschman, Kopp, Krebs, Lange, Lucas, Lust, McLaughlin, Moser, Noem, Novstrup (David), Nygaard, Olson (Betty), Olson (Ryan), Peters, Pitts, Putnam, Rausch, Rave, Romkema, Rounds, Russell, Schlekeway, Schrempp, Sly, Solberg, Solum, Sorenson, Steele, Street, Tidemann, Turbiville, Van Gerpen, Vanderlinde, Vanneman, Verchio, Wink, and Wismer and Senators Adelstein, Abdallah, Ahlers, Bartling, Bradford, Brown, Dempster, Fryslie, Gant, Garnos, Gillespie, Gray, Hansen (Tom), Hanson (Gary), Haverly, Heidepriem, Howie, Hundstad, Hunhoff (Jean), Jerstad, Kloucek, Knudson, Maher, Merchant, Miles, Nelson, Nesselhuf, Novstrup (Al), Olson (Russell), Peterson, Rhoden, Schmidt, and Tieszen

A CONCURRENT RESOLUTION, Expressing solidarity with Israel in its defense against terrorism in the Gaza Strip.

WHEREAS, the State of Israel is the greatest ally of the United States in the Middle East; and

WHEREAS, the Hamas terror organization's charter calls for the destruction of the State of Israel; and

WHEREAS, Palestinian terrorists of the Islamic Jihad and Hamas in the Gaza Strip, sponsored and trained by Iran, have recently fired hundreds of rockets at civilian targets in southern Israel, ending a six-month cease fire with Israel in declaration and deed; and

WHEREAS, during the six-month "state of calm," Israel allowed the entrance of some seventeen thousand truckloads of humanitarian aid into the Gaza Strip, while Palestinian terrorists launched five hundred thirty-eight rockets and mortars into Israel; and

WHEREAS, the latest terrorist attacks took place only days after the United Nations Security Council adopted Resolution 1850, which unanimously declared support for the peace process between the Palestinians and Israelis; and

WHEREAS, since these latest terrorist attacks and the beginning of its military operation on December 27, 2008, Israel has allowed the entrance of hundreds of truckloads of humanitarian aid into the Gaza Strip in full coordination with donor Arab countries and international aid organizations, including the Red Cross, out of respect for human rights and lives and in an effort to minimize the hardship and suffering of the Palestinian population; and

WHEREAS, Israel's military operations are an effort to defend its citizens as a moral duty against the unspeakable horrors of ongoing, indiscriminate terrorism and are aimed only at dismantling the terrorist infrastructure; and

WHEREAS, hundreds of innocent Israeli and Palestinian civilians have been tragically killed due to ongoing escalations of violence initiated by Palestinian terrorist organizations:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty- fourth Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature:

(1) Stands in solidarity with Israel as it takes necessary steps to provide security to its people;

(2) Remains committed to Israel's right to self-defense and supports additional United States assistance to help Israel defend herself;

(3) Condemns the end of the cease fire by Hamas;

(4) Condemns the firing of rockets into civilian areas by the Iran-sponsored terrorist groups of Hamas and the Islamic Jihad;

(5) Urges all Arab states to declare their opposition to terrorism and attacks on civilians;

(6) Urges all parties in the region to pursue lasting peace in the Middle East; and

(7) Will work as an elected body to promote economic relations, bilateral trade, and partnerships in green technologies and alternative energy with the State of Israel to stimulate the economies of both the United States and Israel in this time of crisis.

Was read the first time and the Speaker waived the committee referral.

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Faehn moved that the reports of the Standing Committees on

Judiciary on HB 1086 as found on page 118 of the House Journal ; also

Commerce on HB 1049 as found on pages 118 and 119 of the House Journal ; also

Appropriations on HB 1069 as found on page 119 of the House Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1122 Introduced by: Representatives Novstrup (David), Blake, Bolin, Boomgarden, Cutler, Frerichs, Gibson, Hamiel, Kirkeby, Kirschman, Krebs, Lederman, Lucas, Lust, McLaughlin, Moser, Noem, Peters, Pitts, Putnam, Rausch, Rounds, Steele, Street, Thompson, and Vanneman and Senators Gillespie, Abdallah, Gant, Gray, Hanson (Gary), Haverly, Hunhoff (Jean), Merchant, Miles, Nesselhuf, Novstrup (Al), Peterson, and Tieszen

FOR AN ACT ENTITLED, An Act to require that prosecutors notify victims of domestic abuse regarding the status of their case.

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

HB 1123 Introduced by: Representatives Vanderlinde, Blake, Dennert, Fargen, Gibson, Hoffman, Hunhoff (Bernie), Killer, Kirschman, and Sly and Senators Adelstein, Abdallah, Ahlers, Bradford, Dempster, Gant, Kloucek, Miles, and Peterson

FOR AN ACT ENTITLED, An Act to remove certain sanctions related to public assistance for certain felony drug offenders.

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

HB 1124 Introduced by: Representatives Hunt, Engels, Faehn, Greenfield, Lederman, Novstrup (David), Nygaard, Solberg, Solum, Street, and Vanneman and Senators Novstrup (Al), Fryslie, Gray, Hanson (Gary), and Olson (Russell)

FOR AN ACT ENTITLED, An Act to prohibit improper influence regarding real estate appraisals.

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

HB 1125 Introduced by: Representatives Nygaard, Faehn, and Kirschman and Senators Jerstad and Peterson

FOR AN ACT ENTITLED, An Act to prohibit the use of certain wireless communications devices while driving.

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

HB 1126 Introduced by: Representatives Krebs, Iron Cloud III, Juhnke, Kopp, McLaughlin, Russell, Schrempp, Steele, Street, and Verchio and Senators Fryslie, Abdallah, Hanson (Gary), Howie, Maher, Schmidt, and Vehle

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding a private applicator of pesticides becoming a qualified driver for the purpose of motor carrier safety.