journal of the house · 7 thomas j. brunner, nisland 8 district no. 30: custer, fall river, and...

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11 copies were printed on recycled paper by the South Dakota Legislative Research Council at a cost of $.066 per page. JOURNAL OF THE HOUSE NINETY-FIFTH SESSION FIRST DAY STATE OF SOUTH DAKOTA House of Representatives, Pierre Tuesday, January 14, 2020 BE IT REMEMBERED, That on the fourteenth day of January, A.D., two thousand twenty, at the hour of twelve o'clock meridian, on the second Tuesday in January, being the day and hour fixed by the Constitution of the state of South Dakota for the convening of the Legislature, the Ninety-fifth regular session of the House of Representatives in the Capitol, in the city of Pierre, in the county of Hughes, and the state of South Dakota, the seat of government thereof, was called to order by Speaker Steven G. Haugaard. The following prayer was offered by Father David Hussey, Pierre/Fort Pierre Ministerial Association, Pierre, South Dakota: Let us pray. O Gracious Lord, Help us to try and view each new day as an adventure, carefully planned out by your Spirit. Instead of staring into the day that lies ahead, attempting to program it according to our will, let us be attentive to You and to all that You have prepared for us. Give us thankful hearts for this day, recognizing that it is a precious, unrepeatable gift. We trust that You are with us each moment, whether we sense Your presence or not. A thankful, trusting attitude helps us to see the events in our life from Your perspective. A life lived close to you Lord will never be dull or predictable. We can expect each day to contain surprises! Guard us from our tendency to search for the easiest route through the day. Guide us to follow wherever you may lead us, remembering that no matter how steep or treacherous the path before us, the safest place is to be always at Your side. Amen. The Pledge of Allegiance was led by House page Jonathon Burkhalter.

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Page 1: JOURNAL OF THE HOUSE · 7 Thomas J. Brunner, Nisland 8 District No. 30: Custer, Fall River, and Pennington Counties 9 Julie Frye-Mueller, Rapid City 10 Tim R. Goodwin, Rapid City

11 copies were printed on recycled paper by the South Dakota Legislative Research Council at a cost of $.066 per page.

JOURNAL OF THE HOUSE

NINETY-FIFTH SESSION

FIRST DAY

STATE OF SOUTH DAKOTA

House of Representatives, Pierre

Tuesday, January 14, 2020

BE IT REMEMBERED, That on the fourteenth day of January, A.D., two thousand twenty, at the

hour of twelve o'clock meridian, on the second Tuesday in January, being the day and hour fixed by the Constitution of the state of South Dakota for the convening of the Legislature, the Ninety-fifth regular session of the House of Representatives in the Capitol, in the city of Pierre, in the county of Hughes, and the state of South Dakota, the seat of government thereof, was called to order by Speaker Steven G. Haugaard.

The following prayer was offered by Father David Hussey, Pierre/Fort Pierre Ministerial Association,

Pierre, South Dakota:

Let us pray.

O Gracious Lord,

Help us to try and view each new day as an adventure, carefully planned out by your Spirit. Instead of staring into the day that lies ahead, attempting to program it according to our will, let us be attentive to You and to all that You have prepared for us.

Give us thankful hearts for this day, recognizing that it is a precious, unrepeatable gift. We trust that You are with us each moment, whether we sense Your presence or not. A thankful, trusting attitude helps us to see the events in our life from Your perspective.

A life lived close to you Lord will never be dull or predictable. We can expect each day to contain surprises! Guard us from our tendency to search for the easiest route through the day. Guide us to follow wherever you may lead us, remembering that no matter how steep or treacherous the path before us, the safest place is to be always at Your side.

Amen.

The Pledge of Allegiance was led by House page Jonathon Burkhalter.

Page 2: JOURNAL OF THE HOUSE · 7 Thomas J. Brunner, Nisland 8 District No. 30: Custer, Fall River, and Pennington Counties 9 Julie Frye-Mueller, Rapid City 10 Tim R. Goodwin, Rapid City

Tuesday, January 14, 2020 – 1st Legislative Day 2

Rep. Steven G. Haugaard was elected Speaker and Rep. Spencer Gosch was elected Speaker 1 Pro Tempore of the House of Representatives for the Ninety-fifth Legislative Session on January 8, 2019. 2 3

I, STEVEN J. BARNETT, Secretary of State of the state of South Dakota, do hereby certify 4 that the elected members of the House of Representatives at the general election held on November 6, 2018 5 and certified by former Secretary Shantel Krebs on December 3, 2018. The appointed member to 6 District 9 of the House of Representatives, Rhonda Milstead, was certified by me on January 8, 2019. 7 The appointed member to District 19 of the House of Representatives, Marty Overweg, was certified 8 by me on January 8, 2020. The appointed member to District 23, James D. Wangsness, was certified 9 by me on November 1, 2019. The appointed member to District 31, Dayle Hammock, was certified 10 by me on January 8, 2019. I do hereby certify that these are the members of the South Dakota 11 House of Representatives for the 2020 Legislative Session. 12

District No. 1: Brown, Day, Marshall, and Roberts Counties 13 Steven D. McCleerey, Sisseton 14 Tamara St. John, Sisseton 15

District No. 2: Brown, Clark, Hamlin, and Spink Counties 16 Lana Greenfield, Doland 17 Kaleb W. Weis, Aberdeen 18 District No. 3: Brown County 19 Carl E. Perry, Aberdeen 20 Drew Dennert, Aberdeen 21

District No. 4: Brookings, Codington, Deuel, and Grant Counties 22 Fred Deutsch, Florence 23 John Mills, Volga 24 District No. 5: Codington County 25 Hugh M. Bartels, Watertown 26 Nancy York, Watertown 27 District No. 6: Lincoln County 28 Isaac Latterell, Tea 29 Herman Otten, Tea 30 District No. 7: Brookings County 31 Doug Post, Volga 32 Tim Reed, Brookings 33 District No. 8: Lake, Miner, Moody, and Sanborn Counties 34 Marli Wiese, Madison 35 Randy Gross, Elkton 36

District No. 9: Minnehaha County 37 Michael Saba, Hartford 38

District No. 10: Minnehaha County 39 Doug Barthel, Sioux Falls 40 Steven G. Haugaard, Sioux Falls 41

District No. 11: Minnehaha County 42 Mark K. Willadsen, Sioux Falls 43 Chris Karr, Sioux Falls 44 District No. 12: Lincoln and Minnehaha Counties 45 Arch Beal, Sioux Falls 46 Manny Steele, Sioux Falls 47

Page 3: JOURNAL OF THE HOUSE · 7 Thomas J. Brunner, Nisland 8 District No. 30: Custer, Fall River, and Pennington Counties 9 Julie Frye-Mueller, Rapid City 10 Tim R. Goodwin, Rapid City

Tuesday, January 14, 2020 – 1st Legislative Day 3

District No. 13: Lincoln and Minnehaha Counties 1 Kelly Sullivan, Sioux Falls 2 Sue K. Lucas-Peterson, Sioux Falls 3

District No. 14: Minnehaha County 4 Larry P. Zikmund, Sioux Falls 5 Erin Healy, Sioux Falls 6 District No. 15: Minnehaha County 7 Linda Duba, Sioux Falls 8 Jamie Smith, Sioux Falls 9 District No. 16: Lincoln and Union Counties 10 David L. Anderson, Hudson 11 Kevin D. Jensen, Canton 12 District No. 17: Clay and Turner Counties 13 Ray Ring, Vermillion 14 Nancy Rasmussen, Hurley 15 District No. 18: Yankton County 16 Ryan Cwach, Yankton 17 Jean M. Hunhoff, Yankton 18

District No. 19: Bon Homme, Douglas, Hanson, Hutchinson, and McCook Counties 19 Kent S. Peterson, Salem 20

District No. 20: Aurora, Davison, and Jerauld Counties 21 Paul R. Miskimins, Mitchell 22 Lance Koth, Mitchell 23

District No. 21: Bon Homme, Charles Mix, Gregory, and Tripp Counties 24 Caleb Finck, Tripp 25 Lee Qualm, Platte 26 District No. 22: Beadle and Kingsbury Counties 27 Roger Chase, Huron 28 Bob Glanzer, Huron 29 District No. 23: Campbell, Edmunds, Faulk, Hand, McPherson, Potter, Spink, and 30

Walworth Counties 31 Spencer Gosch, Glenham 32 District No. 24: Hughes, Hyde, Stanley, and Sully Counties 33 Tim Rounds, Pierre 34 Mary Duvall, Pierre 35 District No. 25: Minnehaha County 36 Jon Hansen, Dell Rapids 37 Tom Pischke, Dell Rapids 38

District No. 26A: Mellette and Todd Counties 39 Shawn Bordeaux, Mission 40 District No. 26B: Brule, Buffalo, Jones, and Lyman Counties 41 Rebecca Reimer, Chamberlain 42

District No. 27: Bennett, Haakon, Jackson, Oglala Lakota, and Pennington Counties 43 Steve Livermont, Martin 44 Peri Pourier, Pine Ridge 45

Page 4: JOURNAL OF THE HOUSE · 7 Thomas J. Brunner, Nisland 8 District No. 30: Custer, Fall River, and Pennington Counties 9 Julie Frye-Mueller, Rapid City 10 Tim R. Goodwin, Rapid City

Tuesday, January 14, 2020 – 1st Legislative Day 4

District No. 28A: Corson, Dewey, and Ziebach Counties 1 Oren Lesmeister, Parade 2

District No. 28B: Butte, Harding, and Perkins Counties 3 Sam Marty, Prairie City 4 District No. 29: Butte, Meade, and Pennington Counties 5 Kirk Chaffee, Whitewood 6

Thomas J. Brunner, Nisland 7 District No. 30: Custer, Fall River, and Pennington Counties 8 Julie Frye-Mueller, Rapid City 9 Tim R. Goodwin, Rapid City 10 District No. 31: Lawrence County 11 Timothy R. Johns, Lead 12

District No. 32: Pennington County 13 Scyller J. Borglum, Rapid City 14

Chris Johnson, Rapid City 15 District No. 33: Meade and Pennington Counties 16 Taffy Howard, Rapid City 17 David Johnson, Rapid City 18 District No. 34: Pennington County 19 Jess Olson, Rapid City 20 Michael G. Diedrich, Rapid City 21 District No. 35: Pennington County 22 Tina L. Mulally, Rapid City 23 Tony Randolph, Rapid City 24

25

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the 26 state of South Dakota, this 14th day of January 2020. 27

(SEAL) Steven J. Barnett 28 Secretary of State 29

The oath of office was administered to Representative James Wangsness on December 3, 2019, 30

by Speaker Haugaard. 31 Which was subscribed to and placed on file in the office of the Secretary of State. 32

The oath of office was administered to Representative Marty Overweg on January 14, 2020, 33 by the Honorable Steven R. Jensen, Justice of the Supreme Court of the state of South Dakota. 34

Which was subscribed to and placed on file in the office of the Secretary of State. 35

When the roll was called, all members were present except Reps. Diedrich, Hammock, Marty, 36 and Zikmund who were excused. 37

Page 5: JOURNAL OF THE HOUSE · 7 Thomas J. Brunner, Nisland 8 District No. 30: Custer, Fall River, and Pennington Counties 9 Julie Frye-Mueller, Rapid City 10 Tim R. Goodwin, Rapid City

Tuesday, January 14, 2020 – 1st Legislative Day 5

MOTIONS AND RESOLUTIONS 1

Rep. Qualm moved that the House do now proceed with the organization of the House of 2 Representatives. 3

Which motion prevailed. 4

The Speaker announced that nominations for Chief Clerk of the House of Representatives were 5 now in order. 6

Rep. Qualm nominated Ms. Mary Lou Goehring as Chief Clerk of the House of Representatives. 7

And the roll being called: 8

Yeas 66, Nays 0, Excused 4, Absent 0 9

Yeas: 10 Anderson, Bartels, Barthel, Beal, Bordeaux, Borglum, Brunner, Chaffee, Chase, Cwach, 11

Dennert, Deutsch, Duba, Duvall, Finck, Frye-Mueller, Glanzer, Goodwin, Gosch, Lana Greenfield, 12 Gross, Hansen, Healy, Howard, Hunhoff, Kevin Jensen, Johns, Chris Johnson, David Johnson, Karr, 13 Koth, Latterell, Lesmeister, Livermont, McCleerey, Mills, Milstead, Miskimins, Mulally, Olson, Herman 14 Otten, Overweg, Perry, Kent Peterson, Sue Peterson, Pischke, Post, Pourier, Qualm, Randolph, 15 Rasmussen, Reed, Reimer, Ring, Rounds, Saba, Jamie Smith, St. John, Steele, Sullivan, Wangsness, 16 Weis, Wiese, Willadsen, York, and Haugaard 17

Excused: 18 Diedrich, Hammock, Marty, and Zikmund 19

Ms. Goehring, having received an affirmative vote of a majority of the members-elect, was 20 declared duly elected. 21

The oath of office was administered to Ms. Goehring by the Honorable Steven R. Jensen, Justice 22 of the Supreme Court of the state of South Dakota. 23

Which was subscribed to and placed on file in the office of the Secretary of State. 24 Speaker Haugaard announced the appointment of the following employees of the House of 25

Representatives for the Ninety-fifth Legislative Session: 26

First Assistant to the Chief Clerk B Patricia Miller 27

Second Assistant to the Chief Clerk B Jackie Driscoll 28

Third Assistant to the Chief Clerk B Shirleen Fugitt 29

Chief Chaplain B Craig Wexler 30

Sergeant at Arms B James Smith 31

Assistant Sergeant at Arms B Rollie Borth 32

Secretary to the Speaker B Jean Denton 33

Secretary to the Majority Party B Trudy Qualm 34

Page 6: JOURNAL OF THE HOUSE · 7 Thomas J. Brunner, Nisland 8 District No. 30: Custer, Fall River, and Pennington Counties 9 Julie Frye-Mueller, Rapid City 10 Tim R. Goodwin, Rapid City

Tuesday, January 14, 2020 – 1st Legislative Day 6

Secretary to the Minority Party B Cully Williams 1

Committee Secretaries B Nancy Bugay, Sharon Johnson, Pam Kean, Mary Kirk, Judy Page, Mary 2 Turner 3

Pages (1st Term) B Maddie Brink, Jonathan Burkhalter, Destiny Haas, Austen King, Ryder 4 Mortenson, Catie Natvig, Mark Pfeifle, Madison Stroud 5

Pages (2nd Term) B Sage Arnold, Savannah Burton, Benjamin R. Connor, Slater Dixon, Gabe 6 Fanning, Justice Jessop, Brayden Key, Grace Kock, Thomas LaFave, Nolan Rounds, Hadley 7 Stiefvater, Elle VanDam 8

Pages (3rd Term) B Heath Brown, Carter Dreyer, Sarah Hancock, Katlyn Hilligas, Lydia 9 Hoffman, William Kessler, Olivia Olson, Kaylee Poppen, Kate Schnabel, Iain Thomas, Jackson 10 Trandall, Emily Wedel, Caleb Weiland 11

Pages (4th Term) B Andrea Brandner, Karmin Brunner, Miranda Chaney, Sara DeYoung, Grace 12 DuVall, William Goscicki, Madison Howard, Delaney Peterson, Elle Pieper, Brooke Redder, 13 Emma Rhoades, Haley Wenger, Katelyn Winberg 14

Pages (5th Term) B Sydney Berens, Paige Bradley, Paityn DeBoer, Rayne Ereth, Danika Gordon, 15 Jessica Kott, Bethany Larson, Amanda Lee 16

Legislative Interns B Raam Ababaf, Kat Callahan, Alexis Dooley, Frank Fitzgibbons, Derek Hills, 17 Kaitlynn Kelly, Lawton Luke, Jacob Miller, Andrew Rasmussen, Avery Scott, Anna Shane, Jakob 18 Sjovold, Erika Van Nieuwenhuyse 19

The oath of office was administered by the Honorable Steven R. Jensen, Justice of the Supreme 20 Court of the state of South Dakota, to the following named employees: 21

First Assistant to the Chief Clerk B Patricia Miller 22

Second Assistant to the Chief Clerk B Jackie Driscoll 23

Third Assistant to the Chief Clerk B Shirleen Fugitt 24

Sergeant at Arms B James Smith 25

Assistant Sergeant at Arms B Rollie Borth 26

Secretary to the Speaker B Jean Denton 27

Secretary to the Majority Party B Trudy Qualm 28

Secretary to the Minority Party B Cully Williams 29

Committee Secretaries B Nancy Bugay, Sharon Johnson, Pam Kean, Mary Kirk, Judy Page, Mary 30 Turner 31

Pages (1st Term) B Maddie Brink, Jonathan Burkhalter, Destiny Haas, Austen King, Ryder 32 Mortenson, Catie Natvig, Mark Pfeifle, Madison Stroud 33

Legislative Interns B Raam Ababaf, Kat Callahan, Alexis Dooley, Frank Fitzgibbons, Derek Hills, 34 Kaitlynn Kelly, Lawton Luke, Jacob Miller, Andrew Rasmussen, Avery Scott, Anna Shane, Jakob 35 Sjovold, Erika Van Nieuwenhuyse 36

Which were subscribed to and placed on file in the office of the Secretary of State. 37

Page 7: JOURNAL OF THE HOUSE · 7 Thomas J. Brunner, Nisland 8 District No. 30: Custer, Fall River, and Pennington Counties 9 Julie Frye-Mueller, Rapid City 10 Tim R. Goodwin, Rapid City

Tuesday, January 14, 2020 – 1st Legislative Day 7

Rep. Qualm moved that the permanent joint rules of the Ninety-fourth Legislative Session 1 with the recommended changes to those joint rules for the Ninety-fifth Legislative Session as 2 adopted in March, 2019, be adopted as the temporary joint rules for the Ninety-fifth Legislative 3 Session. 4

The question being on Rep. Qualm's motion that the permanent joint rules of the Ninety-5 fourth Legislative Session with the recommended changes to those joint rules for the Ninety-fifth 6 Legislative Session as adopted in March, 2019, be adopted as the temporary joint rules for the 7 Ninety-fifth Legislative Session. 8

And the roll being called: 9

Yeas 66, Nays 1, Excused 3, Absent 0 10

Yeas: 11 Anderson, Bartels, Barthel, Beal, Bordeaux, Borglum, Brunner, Chaffee, Chase, Cwach, 12

Dennert, Deutsch, Diedrich, Duba, Duvall, Finck, Frye-Mueller, Glanzer, Goodwin, Gosch, Lana 13 Greenfield, Gross, Hansen, Healy, Howard, Hunhoff, Kevin Jensen, Johns, Chris Johnson, David 14 Johnson, Karr, Koth, Latterell, Lesmeister, Livermont, McCleerey, Mills, Milstead, Miskimins, Mulally, 15 Olson, Herman Otten, Overweg, Perry, Kent Peterson, Sue Peterson, Post, Pourier, Qualm, 16 Randolph, Rasmussen, Reed, Reimer, Ring, Rounds, Saba, Jamie Smith, St. John, Steele, Sullivan, 17 Wangsness, Weis, Wiese, Willadsen, York, and Haugaard 18

Nay: 19 Pischke 20 Excused: 21 Hammock, Marty, and Zikmund 22

So the motion having received an affirmative vote of a majority of the members-elect, the 23 Speaker declared the motion carried. 24

Rep. Qualm moved that the permanent rules of the House of Representatives for the Ninety-25 fourth Legislative Session be adopted as the temporary House rules for the Ninety-fifth Legislative 26 Session. 27

The question being on Rep. Qualm's motion that the permanent rules of the House of 28 Representatives for the Ninety-fourth Legislative Session be adopted as the temporary House rules 29 for the Ninety-fifth Legislative Session. 30

And the roll being called: 31

Yeas 67, Nays 0, Excused 3, Absent 0 32

Yeas: 33 Anderson, Bartels, Barthel, Beal, Bordeaux, Borglum, Brunner, Chaffee, Chase, Cwach, 34

Dennert, Deutsch, Diedrich, Duba, Duvall, Finck, Frye-Mueller, Glanzer, Goodwin, Gosch, Lana 35 Greenfield, Gross, Hansen, Healy, Howard, Hunhoff, Kevin Jensen, Johns, Chris Johnson, David 36 Johnson, Karr, Koth, Latterell, Lesmeister, Livermont, McCleerey, Mills, Milstead, Miskimins, Mulally, 37 Olson, Herman Otten, Overweg, Perry, Kent Peterson, Sue Peterson, Pischke, Post, Pourier, Qualm, 38 Randolph, Rasmussen, Reed, Reimer, Ring, Rounds, Saba, Jamie Smith, St. John, Steele, Sullivan, 39 Wangsness, Weis, Wiese, Willadsen, York, and Haugaard 40

Excused: 41 Hammock, Marty, and Zikmund 42

So the motion having received an affirmative vote of a majority of the members-elect, the 43 President declared the motion carried. 44

Page 8: JOURNAL OF THE HOUSE · 7 Thomas J. Brunner, Nisland 8 District No. 30: Custer, Fall River, and Pennington Counties 9 Julie Frye-Mueller, Rapid City 10 Tim R. Goodwin, Rapid City

Tuesday, January 14, 2020 – 1st Legislative Day 8

Rep. Qualm moved that a Joint-Select committee of four on the part of the House be appointed 1 to meet with a committee of three on the part of the Senate to arrange for a memorial recognition 2 of deceased former members of the House and Senate. 3

Which motion prevailed and the Speaker appointed as such committee Reps. Johns, Haugaard, 4 McCleerey, and Rasmussen. 5

Rep. Qualm moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on 6 Wednesday, January 15, the 2nd legislative day. 7

Which motion prevailed. 8

There being no objection, the House reverted to Order of Business No. 4 - Communications 9 and Petitions. 10

COMMUNICATIONS AND PETITIONS 11

Mr. SPEAKER: 12

The Committee on Legislative Procedure respectfully reports that the Governor has been 13 notified that the Legislature is duly organized and ready to meet in Joint Session to receive any 14 communications she may desire to transmit and that the Governor is ready to appear before the 15 Joint Session to deliver her message. 16

Also, Mr. SPEAKER: 17

The Committee on Legislative Procedure respectfully reports that arrangements have been 18 made for a Joint Session of the Senate and the House of Representatives to receive the message of 19 the Governor. And: 20

That the Senate and the House will convene in Joint Session in the Chamber of the House of 21 Representatives at 1:00 p.m., January 14, 2020. 22

That the President of the Senate preside over the Joint Session and that the Secretary of the 23 Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session. 24

That the Justices of the Supreme Court and the elective and appointed officials of the state 25 government be invited to attend the Joint Session. 26

That when the message of the Governor has been received, the Joint Session be dissolved. 27

That the message of the Governor be printed in the Senate Journal. 28

Also, Mr. SPEAKER: 29

The Committee on Legislative Procedure respectfully reports that arrangements have been 30 made for a Joint Session of the Senate and the House of Representatives to receive a message of 31 the Chief Justice of the Supreme Court. And: 32

That the Senate and the House convene in Joint Session in the Chamber of the House of 33 Representatives at 1:30 p.m., January 15, 2020. 34

Page 9: JOURNAL OF THE HOUSE · 7 Thomas J. Brunner, Nisland 8 District No. 30: Custer, Fall River, and Pennington Counties 9 Julie Frye-Mueller, Rapid City 10 Tim R. Goodwin, Rapid City

Tuesday, January 14, 2020 – 1st Legislative Day 9

That the President of the Senate preside over the Joint Session and that the Secretary of the 1 Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session. 2

That the Justices of the Supreme Court, the Governor, and elective and appointed officials of 3 the state government be invited to attend the Joint Session. 4

That when the message of the Chief Justice has been received, the Joint Session be dissolved. 5

That the message of the Chief Justice be printed in the Senate Journal. 6

Also, Mr. SPEAKER: 7

The Committee on Legislative Procedure respectfully reports that arrangements have been 8 made for a Joint Session of the Senate and the House of Representatives to receive a message of 9 the State of the Tribes from a Tribal Chairman. And: 10

That the Senate and the House convene in Joint Session in the Chamber of the House of 11 Representatives at 1:30 p.m., January 16, 2020. 12

That the President of the Senate preside over the Joint Session and that the Secretary of the 13 Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session. 14

That the Justices of the Supreme Court, the Governor, and elective and appointed officials of 15 the state government be invited to attend the Joint Session. 16

That when the message of the Tribal Chairman has been received, the Joint Session be 17 dissolved. 18

That the message of the Tribal Chairman be printed in the Senate Journal. 19

The Speaker announced the appointment of the following standing committees and waived the 20 reading with no objections. 21

House Standing Committees - 95th Session 22

** Denotes Chair * Denotes Vice-Chair 23

AGRICULTURE & NATURAL RESOURCES (13) 24

**Brunner, *Finck, Chase, Glanzer, Livermont, Marty, Mulally, Otten (Herman), Overweg, 25 Peterson (Kent), Wangsness, Lesmeister, Pourier 26

APPROPRIATIONS (9) 27

**Karr, *Hunhoff, Bartels, Gross, Howard, Koth, Peterson (Sue), Post, Saba 28

COMMERCE & ENERGY (13) 29

**Rounds, *Gosch, Beal, Johnson (Chris), Milstead, Miskimins, Perry, Wangsness, Weis, 30 Willadsen, Zikmund, McCleerey, Sullivan 31

Page 10: JOURNAL OF THE HOUSE · 7 Thomas J. Brunner, Nisland 8 District No. 30: Custer, Fall River, and Pennington Counties 9 Julie Frye-Mueller, Rapid City 10 Tim R. Goodwin, Rapid City

Tuesday, January 14, 2020 – 1st Legislative Day 10

EDUCATION (15) 1

**Greenfield (Lana), *Glanzer, Brunner, Deutsch, Johns, Latterell, Marty, Olson, Randolph, 2 Rasmussen, Reimer, Steele, Wiese, Healy, Ring 3

GOVERNMENT OPERATIONS & AUDIT (5) 4

**Peterson (Sue), *Haugaard, Karr, Latterell, Bordeaux 5

HEALTH & HUMAN SERVICES (13) 6

**Jensen (Kevin), *Wiese, Borglum, Deutsch, Frye-Mueller, Milstead, Miskimins, Perry, Rounds, 7 St. John, York, Duba, Healy 8

JUDICIARY (13) 9

**Hansen, *Johns, Barthel, Borglum, Diedrich, Hammock, Latterell, Pischke, Rasmussen, Reimer, 10 St. John, Cwach, Pourier 11

LEGISLATIVE PROCEDURE (7) 12

**Haugaard, *Gosch, Beal, Diedrich, Hansen, Qualm, Smith (Jamie) 13

LOCAL GOVERNMENT (13) 14

**Otten (Herman), *York, Barthel, Chaffee, Frye-Mueller, Greenfield (Lana), Hammock, Mulally, 15

Overweg, Reed, Reimer, Cwach, Sullivan 16

MILITARY AND VETERANS AFFAIRS (13) 17

**Zikmund, *Peterson (Sue), Borglum, Deutsch, Diedrich, Finck, Howard, Johnson (Chris), 18 Johnson (David), Marty, Randolph, McCleerey, Pourier 19

RETIREMENT LAWS (5) 20

**Zikmund, *Rounds, Perry, Duba, McCleerey 21

STATE AFFAIRS (13) 22

**Qualm, *Beal, Anderson, Dennert, Diedrich, Goodwin, Gosch, Hansen, Haugaard, Jensen 23 (Kevin), Peterson (Kent), McCleerey, Smith (Jamie) 24

TAXATION (13) 25

**Willadsen, *Dennert, Chaffee, Duvall, Johnson (Chris), Johnson (David), Mills, Olson, Pischke, 26 Randolph, Reed, Ring, Smith (Jamie) 27

TRANSPORTATION (13) 28

**Mills, *Anderson, Chase, Duvall, Finck, Goodwin, Johnson (David), Livermont, Steele, Weis, 29 Zikmund, Bordeaux, Lesmeister 30

Page 11: JOURNAL OF THE HOUSE · 7 Thomas J. Brunner, Nisland 8 District No. 30: Custer, Fall River, and Pennington Counties 9 Julie Frye-Mueller, Rapid City 10 Tim R. Goodwin, Rapid City

Tuesday, January 14, 2020 – 1st Legislative Day 11

There being no objection, the House reverted to Order of Business No. 10 - First Reading of 1 House Bills and Joint Resolutions. 2

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS 3

HB 1001: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the 4 organization of the Legislature. 5

Introduced by: Representative Haugaard and Senator Brock Greenfield 6

HB 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding documents of 7 the Legislature. 8

Introduced by: Representative Haugaard and Senator Brock Greenfield 9

HB 1003: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding legislative 10 employees. 11

Introduced by: Representative Haugaard and Senator Brock Greenfield 12

HB 1004: FOR AN ACT ENTITLED, An Act to provide for the defense of laws by the Legislature. 13

Introduced by: Representative Haugaard and Senator Langer 14

HB 1005: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of 15 telehealth technologies. 16

Introduced by: Representative Herman Otten and Senator Soholt 17

HB 1006: FOR AN ACT ENTITLED, An Act to authorize the secretary of revenue to contract 18 with certain entities for purposes of maintaining a database to determine agricultural income value 19 and to specify the mandatory and permissive data of the database. 20

Introduced by: Representative Chaffee and Senator Cammack 21

HB 1007: FOR AN ACT ENTITLED, An Act to require certain adjustments to the assessed value 22 of agricultural land if factors impact the land's productivity and to require those adjustments to be 23 documented. 24

Introduced by: Representative Chaffee and Senator Cammack 25

HB 1008: FOR AN ACT ENTITLED, An Act to legalize the growth and production of industrial 26 hemp and derivative products in the state, and to declare an emergency. 27

Introduced by: Representative Qualm and Senator Klumb 28

HB 1009: FOR AN ACT ENTITLED, An Act to revise provisions regarding failure to comply with 29 outpatient commitment or treatment orders. 30

Introduced by: Representative Haugaard and Senator Soholt 31

HB 1010: FOR AN ACT ENTITLED, An Act to revise provisions regarding testimony of qualified 32 mental health professionals at involuntary commitment hearings. 33

Introduced by: Representative Johns and Senator Kennedy 34

Page 12: JOURNAL OF THE HOUSE · 7 Thomas J. Brunner, Nisland 8 District No. 30: Custer, Fall River, and Pennington Counties 9 Julie Frye-Mueller, Rapid City 10 Tim R. Goodwin, Rapid City

Tuesday, January 14, 2020 – 1st Legislative Day 12

HB 1011: FOR AN ACT ENTITLED, An Act to require certain examinations of persons awaiting 1 involuntary commitment hearings. 2

Introduced by: Representative Healy and Senator Sutton 3

HB 1012: FOR AN ACT ENTITLED, An Act to correct technical errors in statutory cross-4 references. 5

HB 1013: FOR AN ACT ENTITLED, An Act to correct technical errors in statutory cross-6 references. 7

HB 1014: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled 8 substances schedule and to declare an emergency. 9

HB 1015: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding banks. 10

HB 1016: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding money 11 transmission. 12

HB 1017: FOR AN ACT ENTITLED, An Act to provide for certain insurer corporate governance 13 disclosure requirements. 14

HB 1018: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding life and health 15 insurance insolvencies. 16

HB 1019: FOR AN ACT ENTITLED, An Act to revise certain references to the Internal Revenue 17 Code. 18

HB 1020: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of 19 exemption certificates. 20

HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the South 21 Dakota Lottery Commission. 22

HB 1022: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding motor vehicle, 23 snowmobile, and boat dealer licenses. 24

HB 1023: FOR AN ACT ENTITLED, An Act to permit the secretary of revenue to issue cease 25 and desist orders and to impose a civil penalty on certain public auctions. 26

HB 1024: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of 27 extraordinary litigation expenses and to declare an emergency. 28

HB 1025: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding plugging and 29 performance bonds for oil and gas wells. 30

HB 1026: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to use of security 31 for cleanup and remediation of environmental problems. 32

HB 1027: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated 33 natural resources conservation fund to the State Conservation Commission and to declare an 34 emergency. 35

HB 1028: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding pesticide 36 registration and application. 37

HB 1029: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to 38 suppression of wildfires in the state and to declare an emergency. 39

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Tuesday, January 14, 2020 – 1st Legislative Day 13

HB 1030: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Board of 1 Technical Education. 2

HB 1031: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding school district 3 fiduciary funds. 4

HB 1032: FOR AN ACT ENTITLED, An Act to revise the authority of the Board of Education 5 Standards to promulgate rules regarding certification. 6

HB 1033: FOR AN ACT ENTITLED, An Act to provide for the prevention of aquatic invasive 7 species contamination in public waters and to declare an emergency. 8

HB 1034: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for 9 elderly persons and persons with a disability, and to declare an emergency. 10

HB 1035: FOR AN ACT ENTITLED, An Act to make an appropriation from the water and 11 environment fund and its revolving fund subfunds for various water and environmental purposes, 12 to revise the water resources projects list, and to declare an emergency. 13

HB 1036: FOR AN ACT ENTITLED, An Act to revise provisions regarding the issuance of certain 14 military specialty plates. 15

HB 1037: FOR AN ACT ENTITLED, An Act to update the adoption of certain American Society 16 for Testing and Materials and National Institute of Standards and Technology standards and certain 17 federal regulations. 18

HB 1038: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding manufactured 19 home construction and safety standards. 20

HB 1039: FOR AN ACT ENTITLED, An Act to revise the rule-making authority of the Human 21 Resources Commissioner regarding the drug screening program for certain state employees. 22

HB 1040: FOR AN ACT ENTITLED, An Act to increase the frequency of background 23 investigations for certain state employees. 24

HB 1041: FOR AN ACT ENTITLED, An Act to revise provisions authorizing state employees to 25 opt-out of the state employee health plan. 26

HB 1042: FOR AN ACT ENTITLED, An Act to revise the special education property tax levy for 27 school districts and to revise the state aid to special education formula. 28

HB 1043: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund 29 of school districts and to revise the state aid to education formula. 30

HB 1044: FOR AN ACT ENTITLED, An Act to make an appropriation to the Board of Regents 31 to fund the development of the Cyber Incubator and Entrepreneurial Center at Dakota State 32 University and to declare an emergency. 33

HB 1045: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the 34 design, renovation of, and addition to, the E.Y. Berry Library on the campus of Black Hills State 35 University and to make an appropriation therefor. 36

HB 1046: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the 37 design, renovation of, and addition to, the Devereaux Library on the campus of the South Dakota 38 School of Mines and Technology and to make an appropriation therefor. 39

HB 1047: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding human 40 trafficking. 41

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Tuesday, January 14, 2020 – 1st Legislative Day 14

HB 1048: FOR AN ACT ENTITLED, An Act to revise certain requirements for certain advisory 1 committees under the Board of Medical and Osteopathic Examiners, Board of Nursing, and Board of 2 Social Work Examiners. 3

HB 1049: FOR AN ACT ENTITLED, An Act to establish a maximum on the number of words 4 contained in a statement of a proponent or opponent for the ballot question pamphlet. 5

HB 1050: FOR AN ACT ENTITLED, An Act to provide for voter registration through an online 6 voter registration system provided by the Office of the Secretary of State. 7

HB 1051: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding public access 8 to voter registration data. 9

HB 1052: FOR AN ACT ENTITLED, An Act to change a reference from a secondary election to 10 a runoff election to maintain consistency in terms. 11

HB 1053: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the submission 12 process for ballot measures. 13

HB 1054: FOR AN ACT ENTITLED, An Act to revise the documentation required for voter 14 registration. 15

HB 1055: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the termination 16 of a political committee under certain circumstances. 17

HB 1056: FOR AN ACT ENTITLED, An Act to authorize electronic monitoring of residents in 18 assisted living centers and nursing facilities. 19

Introduced by: Representative Mulally and Senator Phil Jensen 20

Were read the first time. 21

Rep. Qualm moved that the House do now adjourn, which motion prevailed and at 12:43 p.m. 22 the House adjourned. 23

Mary Lou Goehring, Chief Clerk 24

JOINT SESSION 25

The Senate convened with the House of Representatives in the House Chamber for the 26 purpose of receiving a message from the Governor, Kristi Noem. The President of the Senate, Larry 27 Rhoden, presided. 28

The following prayer was delivered by Rev. Craig Wexler, Pierre/Fort Pierre Ministerial 29 Association, Pierre, South Dakota: 30

Almighty God, we are a divided nation at this moment in time – we are divided in leadership 31 – we are divided in decision making – we are divided in what we are called to do, especially with 32 our top elected officials – even up to the president himself. We are polarized in such a way that has 33 led to discourse and fear that has been unknown to this world in a very long time. We are divided 34 because our culture has changed – a culture that has taught many to believe that when we disagree 35 with one another, it must mean, and it must be okay, to HATE the opposing side. 36

However, this is not Your will, nor is it Your work, oh Lord. Your will is unity and harmony – 37 Your will is the care and assistance of the neighbor – Your will DOES SPEAK TRUTH, but it speaks it 38 with tactfulness, respect, and in partnership and listening from all sides of the process. 39

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Tuesday, January 14, 2020 – 1st Legislative Day 15

Teach us Your ways, Oh God, as we begin this season of legislation. Let the leaders of South 1 Dakota be a representation of what it means to be the voice of the people and to show honor and 2 respect through deliberation, conversation, and decision making. Guide our Governor, our Senators, 3 our Representatives, along with all of the support staff within these walls. Bring us together for the 4 sake of Your work this season, and guide us through Your Son, our Lord and Savior, Jesus Christ. 5 Thanks be to God. Amen. 6

The Secretary of the Senate, Kay Johnson, called the roll of the Senate and the following 7 members were present: 8

Blare; Bolin; Cammack; Castleberry; Curd; Duhamel; Ewing; Foster; Greenfield, Brock; 9 Heinert; Jensen, Phil; Kennedy; Klumb; Kolbeck; Lake; Langer; Maher; Monroe; Nesiba; 10 Novstrup, Al; Otten, Ernie; Partridge; Rusch; Schoenbeck; Schoenfish; Smith, VJ; Soholt; Stalzer; 11 Sutton; White; Wiik; Youngberg. 12

The Chief Clerk of the House of Representatives, Mary Lou Goehring, called the roll of the 13 House and the following members were present: 14

Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach; 15 Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; 16 Greenfield, Lana; Gross; Hansen; Healy; Howard; Hunhoff; Jensen, Kevin; Johns; Johnson, Chris; 17 Johnson, David; Karr; Koth; Latterell; Lesmeister; Livermont; McCleerey; Mills; Milstead; Miskimins; 18 Mulally; Olson; Otten, Herman; Overweg; Perry; Peterson, Kent; Peterson, Sue; Pischke; Post; 19 Pourier; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring; Rounds; Saba; Smith, Jamie; St. John; 20 Steele; Sullivan; Wangsness; Weis; Wiese; Willadsen; York; Speaker Haugaard. 21

Sen. Langer moved that a committee of three on the part of the Senate and a committee of 22 four on the part of the House be appointed to escort the Honorable Kristi Noem, Governor of the 23 State of South Dakota, to the rostrum. 24

Which motion prevailed and the President announced as such committee Sens. Greenfield, 25 Langer, and Heinert on the part of the Senate and Reps. Qualm, Beal, Smith, and McCleerey on the 26 part of the House. 27

The Lieutenant Governor, Larry Rhoden, introduced the Honorable Kristi Noem, who delivered 28 the State of the State Address. 29

The Sergeant at Arms announced the arrival of the Honorable Kristi Noem, who was escorted 30 to the rostrum. 31

Sen. Langer moved that the Joint Session do now dissolve. 32

Which motion prevailed. 33

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