JOURNAL OF THE HOUSE
STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Monday, January 14, 2019
The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.
The prayer was offered by the Chaplain, Fr. Ron Garry, followed by the Pledge of
Allegiance led by House page Dylan Hopkins.
Roll Call: All members present except Reps. Howard and Pourier 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 fourth 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,
Steven G. Haugaard, Chair
Which motion prevailed.
REPORTS OF STANDING COMMITTEES
MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration
HB 1039 and 1040 and returns the same with the recommendation that said bills do pass.
Also MR. SPEAKER:
The Committee on Education respectfully reports that it has had under consideration
HB 1001 and returns the same with the recommendation that said bill be amended as follows:
1001ca
On page 1, line 5, of the printed bill, delete everything after "13-37-35.2." and insert "In
fiscal year 2004 and every three years thereafter, the The Department".
On page 1, line 9, after "." insert "In fiscal year 2021, and every two years thereafter, the
special education reimbursement rates shall be adjusted to include the recalculated allocations.".
And that as so amended said bill do pass.
Respectfully submitted,
Lana Greenfield, Chair
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1009, 1030, and 1031 and returns the same with the recommendation that said
bills do pass.
Also MR. SPEAKER:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration HB 1002 and returns the same with the recommendation that said bill do pass and
be placed on the consent calendar.
Respectfully submitted,
Tim Rounds, Chair
Also MR. SPEAKER:
The Committee on Judiciary respectfully reports that it has had under consideration
HB 1004, 1005, and 1006 and returns the same with the recommendation that said bills do pass.
Respectfully submitted,
Jon Hansen, Chair
MESSAGES FROM THE SENATE
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to making arrangements for a memorial recognition of
deceased former members of the Senate and House.
Respectfully,
Kay Johnson, Secretary
MOTIONS AND RESOLUTIONS
SCR 3: A CONCURRENT RESOLUTION, Commending, honoring, and thanking South
Dakota's numerous women veterans for their service to our country and state.
Was read the second time.
Rep. Marty moved that SCR 3 as found on page 15 of the Senate Journal be concurred in.
The question being on Rep. Marty's motion that SCR 3 be concurred in.
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach;
Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch;
Greenfield (Lana); Gross; Hammock; Hansen; Healy; Hunhoff; Jensen (Kevin); Johns; Johnson
(Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty;
McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson
(Kent); Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring;
Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen;
York; Zikmund; Haugaard
Excused:
Howard; Pourier
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and SCR 3 was concurred in.
SCR 4: A CONCURRENT RESOLUTION, Commending and thanking the men and
women of the United States Immigration and Customs Enforcement (ICE), urging Congress and
the President to fund construction of steel barriers and border control impediments along with
the strengthening of current border control infrastructure, and urging Congress and the President
to ensure compliance with and enforcement of federal immigration laws.
Was read the second time.
Rep. Randolph moved that SCR 4 as found on page 16 of the Senate Journal be concurred
in as amended.
Rep. Pischke moved that SCR 4 be amended as follows:
Delete all Senate amendments, thus restoring the resolution to the printed version.
The Speaker was in doubt on the outcome of the voice vote and requested that a roll call
vote be taken.
The question being on Rep. Pischke's motion that SCR 4 be amended.
And the roll being called:
Yeas 22, Nays 46, Excused 2, Absent 0
Yeas:
Beal; Brunner; Dennert; Frye-Mueller; Glanzer; Gosch; Greenfield (Lana); Hammock; Jensen
(Kevin); Johnson (Chris); Latterell; Livermont; Marty; Mulally; Perry; Peterson (Sue); Pischke;
Post; Randolph; Rounds; Weis; Willadsen
Nays:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chaffee; Chase; Cwach; Deutsch; Diedrich;
Duba; Duvall; Finck; Goodwin; Gross; Hansen; Healy; Hunhoff; Johns; Johnson (David); Karr;
Koth; Lake; Lesmeister; McCleerey; Mills; Milstead; Miskimins; Olson; Otten (Herman);
Peterson (Kent); Qualm; Rasmussen; Reed; Reimer; Ring; Saba; Schoenfish; Smith (Jamie);
St John; Steele; Sullivan; Wiese; York; Zikmund; Haugaard
Excused:
Howard; Pourier
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
The question being on Rep. Randolph's motion that SCR 4 be concurred in as amended.
And the roll being called:
Yeas 55, Nays 13, Excused 2, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Borglum; Brunner; Chaffee; Chase; Dennert; Deutsch;
Diedrich; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Gross;
Hammock; Hansen; Hunhoff; Jensen (Kevin); Johns; Johnson (Chris); Johnson (David); Karr;
Koth; Lake; Latterell; Livermont; Marty; Mills; Milstead; Miskimins; Mulally; Otten (Herman);
Perry; Peterson (Kent); Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; Reed;
Reimer; Rounds; Steele; Weis; Wiese; Willadsen; York; Zikmund; Haugaard
Nays:
Bordeaux; Cwach; Duba; Healy; Lesmeister; McCleerey; Olson; Ring; Saba; Schoenfish; Smith
(Jamie); St John; Sullivan
Excused:
Howard; Pourier
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the motion carried and SCR 4 was concurred in as amended.
CONSIDERATION OF REPORTS OF COMMITTEES
Rep. Qualm moved that the report of the Standing Committee on House Legislative
Procedures be adopted and that the temporary House rules adopted by the Ninety-fourth
Legislative Session be adopted as the permanent House rules of the Ninety-fourth Legislative
Session with the changes adopted in the House Legislative Procedures Committee report.
Rep. Rounds moved a substitute motion that the report of the Standing Committee on
House Legislative Procedures not be adopted and that the temporary House rules adopted by the
Ninety-fourth Legislative Session be adopted as the permanent House rules of the Ninety-fourth
Legislative Session with the following changes:
H3-1. Appointment of standing committees. The speaker of the House of Representatives
shall, with advice from the minority leader, appoint the members of the following standing
committees with the number of members as indicated after each committee and shall appoint
the chair and vice chair of each committee:
1. Agriculture and Natural Resources (13)
2. Appropriations (9)
3. Commerce and Energy (13)
4. Education (15)
5. Government Operations and Audit (5)
6. Health and Human Services (13)
7. Judiciary (13)
8. Legislative Procedure (7)
9. Local Government (13)
10. Retirement Laws (5)
11. State Affairs (13)
12. Taxation
(15)(13)
13. Transportation (13)
In the absence of the committee chair, the vice chair shall act as chair. The speaker and speaker
pro tempore are members of the legislative procedure committee, and the speaker shall serve
as chair of the legislative procedure committee.
The question being on Rep. Rounds' substitute motion that the report of the Standing
Committee on House Legislative Procedures not be adopted and that the temporary House rules
adopted by the Ninety-fourth Legislative Session be adopted as the permanent House rules of
the Ninety-fourth Legislative Session with the changes he proposed.
The Speaker was in doubt on the outcome of the voice vote and requested that a roll call
vote be taken.
And the roll being called:
Yeas 29, Nays 38, Excused 3, Absent 0
Yeas:
Anderson; Bartels; Brunner; Chaffee; Chase; Dennert; Duvall; Glanzer; Greenfield (Lana);
Gross; Hunhoff; Johns; Karr; Koth; Lake; Mills; Milstead; Miskimins; Olson; Otten (Herman);
Perry; Post; Reed; Reimer; Rounds; Weis; Wiese; Willadsen; York
Nays:
Barthel; Beal; Bordeaux; Borglum; Cwach; Deutsch; Diedrich; Duba; Finck; Frye-Mueller;
Goodwin; Gosch; Hammock; Hansen; Healy; Jensen (Kevin); Johnson (Chris); Johnson
(David); Latterell; Lesmeister; Livermont; Marty; McCleerey; Mulally; Peterson (Kent);
Peterson (Sue); Pischke; Randolph; Rasmussen; Ring; Saba; Schoenfish; Smith (Jamie); St
John; Steele; Sullivan; Zikmund; Haugaard
Excused:
Howard; Pourier; Qualm
So the motion not having received an affirmative vote of a majority of the members-elect,
the Speaker declared the motion lost.
Rep. Finck moved a substitute motion that the report of the Standing Committee on House
Legislative Procedures not be adopted and that the temporary House rules adopted by the
Ninety-fourth Legislative Session be adopted as the permanent House rules of the Ninety-fourth
Legislative Session with the following changes:
H3-1. Appointment of standing committees. The speaker of the House of Representatives
shall, with advice from the minority leader, appoint the members of the following standing
committees with the number of members as indicated after each committee and shall appoint
the chair and vice chair of each committee:
1. Agriculture and Natural Resources (13)
2. Appropriations (9)
3. Commerce and Energy (13)
4. Education (15)
5. Government Operations and Audit (5)
6. Health and Human Services (13)
7. Judiciary (13)
8. Legislative Procedure (7)
9. Local Government (13)
10. Military and Veterans Affairs (13)
1011. Retirement Laws (5)
1112. State Affairs (13)
1213. Taxation
(15)(13)
1314. Transportation (13)
In the absence of the committee chair, the vice chair shall act as chair. The speaker and speaker
pro tempore are members of the legislative procedure committee, and the speaker shall serve
as chair of the legislative procedure committee.
The question being on Rep. Finck's motion that the report of the Standing Committee on
House Legislative Procedures not be adopted and that the temporary House rules adopted by the
Ninety-fourth Legislative Session be adopted as the permanent House rules of the Ninety-fourth
Legislative Session with the changes he proposed.
The Speaker was in doubt on the outcome of the voice vote and requested that a roll call
vote be taken.
And the roll being called:
Yeas 55, Nays 12, Excused 3, Absent 0
Yeas:
Anderson; Bartels; Barthel; Bordeaux; Borglum; Chaffee; Chase; Cwach; Dennert; Deutsch;
Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana);
Hammock; Hansen; Healy; Hunhoff; Jensen (Kevin); Johnson (Chris); Johnson (David); Karr;
Lake; Lesmeister; Livermont; Marty; McCleerey; Milstead; Miskimins; Mulally; Olson; Otten
(Herman); Perry; Peterson (Kent); Peterson (Sue); Pischke; Randolph; Rasmussen; Reed;
Reimer; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Wiese; York; Zikmund;
Haugaard
Nays:
Beal; Brunner; Gross; Johns; Koth; Latterell; Mills; Post; Ring; Rounds; Weis; Willadsen
Excused:
Howard; Pourier; Qualm
So the substitute motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion passed.
The Speaker asked the question on Rep. Qualm's motion.
Rep. Rounds rose to a point of order that the substitute motion overrides the original
motion and the rules are adopted as stated in Rep. Finck's substitute motion.
FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS
HB 1043 Introduced by: Representatives Deutsch, Anderson, Beal, Brunner, Chase,
Dennert, Diedrich, Duvall, Glanzer, Goodwin, Gross, Hansen, Jensen (Kevin), Johns, Marty,
Mills, Otten (Herman), Peterson (Sue), Qualm, Reed, Rounds, Willadsen, and Zikmund and
Senators Stalzer, Bolin, Curd, DiSanto, Kolbeck, Maher, Nelson, and Otten (Ernie)
FOR AN ACT ENTITLED, An Act to require the Department of Social Services to collect
and report certain information regarding the military affiliation of a parent whose child is
subject to a report of abuse or neglect.
Was read the first time and referred to the Committee on Judiciary.
HB 1044 Introduced by: Representatives Deutsch, Anderson, Beal, Brunner, Chase,
Dennert, Diedrich, Duvall, Glanzer, Goodwin, Gross, Hansen, Jensen (Kevin), Johnson (Chris),
Latterell, Marty, Mills, Otten (Herman), Peterson (Sue), Qualm, Randolph, Reed, Reimer,
Rounds, Willadsen, and Zikmund and Senators Stalzer, Curd, DiSanto, Jensen (Phil), Kolbeck,
Maher, Monroe, Nelson, Otten (Ernie), Smith (VJ), Solano, Steinhauer, and Wismer
FOR AN ACT ENTITLED, An Act to authorize certain children who are subject to a
pending military relocation to apply for enrollment in a school district.
Was read the first time and referred to the Committee on Education.
HB 1045 Introduced by: Representative Zikmund and Senator White
FOR AN ACT ENTITLED, An Act to revise the definition of campus security officers for
purposes of the South Dakota Retirement System.
Was read the first time and referred to the Committee on Retirement Laws.
HB 1046 Introduced by: The Committee on Judiciary at the request of the Chief Justice
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the attorney
recruitment assistance program.
Was read the first time and referred to the Committee on Judiciary.
HB 1047 Introduced by: The Committee on Judiciary at the request of the Chief Justice
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
recommendations for treatment as a condition for probation.
Was read the first time and referred to the Committee on Judiciary.
HB 1048 Introduced by: Representatives Reed, Bartels, Barthel, Beal, Chase, Deutsch,
Diedrich, Duvall, Finck, Glanzer, Hunhoff, Otten (Herman), Peterson (Kent), Post, Qualm,
Reimer, Smith (Jamie), and York and Senators Smith (VJ), Ewing, Langer, Novstrup, and
Stalzer
FOR AN ACT ENTITLED, An Act to authorize a public body to conduct certain
deliberations in an executive or closed meeting.
Was read the first time and referred to the Committee on State Affairs.
HB 1049 Introduced by: Representatives Johns, Deutsch, Duvall, Finck, Glanzer,
Goodwin, McCleerey, Peterson (Kent), Reed, Rounds, and Willadsen and Senators Ewing,
Bolin, Cronin, Kennedy, Langer, Russell, Schoenbeck, Steinhauer, and White
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding driving after
consuming certain drugs or substances.
Was read the first time and referred to the Committee on Judiciary.
SECOND READING OF CONSENT CALENDAR ITEMS
HB 1016: FOR AN ACT ENTITLED, An Act to revise certain provisions of the alcoholic
beverages code.
Was read the second time.
The question being "Shall HB 1016 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach;
Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch;
Greenfield (Lana); Gross; Hammock; Hansen; Healy; Hunhoff; Jensen (Kevin); Johns; Johnson
(Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty;
McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson
(Kent); Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring;
Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen;
York; Zikmund; Haugaard
Excused:
Howard; Pourier
So the motion having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS
HB 1017: FOR AN ACT ENTITLED, An Act to provide for the destruction of certain
contraband cigarettes.
Was read the second time.
The question being "Shall HB 1017 pass?"
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Anderson; Bartels; Barthel; Beal; Bordeaux; Borglum; Brunner; Chaffee; Chase; Cwach;
Dennert; Deutsch; Diedrich; Duba; Duvall; Finck; Frye-Mueller; Glanzer; Goodwin; Gosch;
Greenfield (Lana); Gross; Hammock; Hansen; Healy; Hunhoff; Jensen (Kevin); Johns; Johnson
(Chris); Johnson (David); Karr; Koth; Lake; Latterell; Lesmeister; Livermont; Marty;
McCleerey; Mills; Milstead; Miskimins; Mulally; Olson; Otten (Herman); Perry; Peterson
(Kent); Peterson (Sue); Pischke; Post; Qualm; Randolph; Rasmussen; Reed; Reimer; Ring;
Rounds; Saba; Schoenfish; Smith (Jamie); St John; Steele; Sullivan; Weis; Wiese; Willadsen;
York; Zikmund; Haugaard
Excused:
Howard; Pourier
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.
HC 1001 Introduced by: Representatives Dennert, Perry, and Weis and Senators Novstrup
and Greenfield (Brock)
A LEGISLATIVE COMMEMORATION, Honoring and commending the 2017-2018 Northern
State University Wolves Men's Basketball Team for placing second in the NCAA Division
II National Tournament.
WHEREAS, the Northern State University men's basketball team had a phenomenal season
with a record of 36-4 and won the Northern Sun Intercollegiate Conference for the first time
in fifteen years; and
WHEREAS, the Wolves beat Queens of North Carolina 105-99 in double overtime
semifinals at the Sanford Pentagon in Sioux Falls to make it to the championship game; and
WHEREAS, the program received superior coaching and outstanding leadership from head
coach Paul Sather and associate head coach Sundance Wicks; and
WHEREAS, the Wolves won more games and advanced further than any previous Northern
State University men's basketball team in the program's NCAA Division II history:
NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the
State of South Dakota, that the Legislature commends and honors the Northern State University
Men's Basketball Team for its teamwork, hard work, and incredible dedication in its
achievements during the 2017-2018 season.
Rep. Steele moved that the House do now adjourn, which motion prevailed and at 3:52 p.m.
the House adjourned.
Sandra J. Zinter, Chief Clerk
STATE OF SOUTH DAKOTA
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER 2019-01
WHEREAS, Article IV, Section 8, of the constitution of the state of South Dakota
provides that, “Except as to elected constitutional officers, the Governor may make such
changes in the organization of offices, boards, commissions, agencies and instrumentalities, and
in allocation of their functions, powers and duties, as he considers necessary for efficient
administration. If such changes affect existing law, they shall be set forth in executive orders,
which shall be submitted to the Legislature within five legislative days after it convenes, and
shall become effective, and shall have the force of law, within ninety days after submission,
unless disapproved by a resolution concurred in by a majority of all the members of either
house”; and
WHEREAS, this executive order has been submitted to the 94th Legislative Assembly
on the 5th legislative day, being the 14th day of January, 2019;
IT IS, THEREFORE, BY EXECUTIVE ORDER, directed that the executive branch of
state government be reorganized to comply with the following sections of this order.
Section 1. This executive order shall be known and may be cited as the “Executive
Reorganization Order 2019-01”.
Section 2. Any agency not enumerated in this order, but established by law within another
agency which is transferred to a principal department under this order, shall also be transferred
in its current form to the same principal department and its functions shall be allocated between
itself and the principal department as they are now allocated between itself and the agency
within which it is established.
Section 3. “Agency” as used in this order shall mean any board, authority, commission,
department, bureau, division or any other unit or organization of state government.
Section 4. “Function” as used in this order shall mean any authority, power, responsibility,
duty or activity of an agency, whether or not specifically provided for by law.
Section 5. Unless otherwise provided by this order, division directors shall be appointed
by the head of the department or bureau of which the division is a part, and shall be removable
at the pleasure of the department or bureau head, provided, however, that both the appointment
and removal of division directors shall be subject to approval by the Governor.
Section 6. It is the intent of this order not to repeal or amend any laws relating to functions
performed by an agency, unless the intent is specifically expressed in this order or unless there
is an irreconcilable conflict between this order and those laws.
Section 7. If a part of this order is invalid, all valid parts that are severable from the invalid
part remain in effect. If a part of this order is invalid in one or more of its applications, the part
remains in effect in all valid applications.
Section 8. Except when inconsistent with the other provisions of this order all rules,
regulations and standards of the agencies involved in executive reorganization in effect on the
effective date of this order, shall continue with full force and effect until they are specifically
altered, amended, or revoked in the manner provided by law, unless the statutory authority for
such rules is superseded by this order.
Section 9. It is hereby declared that the sections, clauses, sentences and parts of this
executive order are severable, are not matters of mutual essential inducement, and any of them
may be excised by any court of competent jurisdiction if any section, clause, sentence or part
of this executive order would otherwise be unconstitutional or ineffective.
Section 10. In the event that it has been determined that a function of a transferred agency,
which has not been eliminated by this order, and its associated records, personnel, equipment,
facilities, unexpended balances or appropriations, allocations or other funds have not been
clearly allocated to an agency, the Governor shall specify by interim procedures the allocation
of the function and its associated resources. At the next legislative session following the
issuance of such interim procedures, the Governor shall make recommendations concerning the
proper allocation of the functions of transferred agencies which are not clearly allocated by this
order. Any interim procedures issued in conjunction with this section shall be filed with the
Secretary of state.
Section 11. The rights, privileges and duties of the holders of bonds and other obligations
issued, and of the parties to contracts, leases, indentures, and other transactions entered into,
before the effective date of this order, by the state or by any agency, officer, or employee
thereof, and covenants and agreements as set forth therein, remain in effect, and none of those
rights, privileges, duties, covenants, or agreements are impaired or diminished by abolition of
an agency in this order. The agency to which functions of another agency are transferred is
substituted for that agency and succeeds to its rights and leases, indentures, and other
transactions.
Section 12. No judicial or administrative suit, action or other proceeding lawfully
commenced before the effective date of this order by or against any agency or any officer of the
state, in his official capacity or in relation to the discharge of his official duties, shall abate or
be affected by reason of the taking effect of any reorganization under the provisions of this
order. The court may allow the suit, action or other proceeding to be maintained by or against
the successor of any agency or any officer affected by this order.
Section 13. If any part of this order is ruled to be in conflict with federal requirements which
are a prescribed condition to the receipt of federal aid by the state, an agency or a political
subdivision, that part of this order has no effect and the Governor may by executive order make
necessary changes to this order to receive federal aid, and the changes will remain in effect until
the last legislative day of the next legislative session or until the Legislature completes
legislation addressed to the same question, whichever comes first.
Section 14. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the Legislative
Research Council are requested to make the name and title changes necessary to correlate and
integrate the organizational changes made by this Executive Reorganization Order into the
South Dakota Codified Laws.
Section 15. Any provisions of law in conflict with this order are superseded.
Section 16. Whenever a function is transferred by this order, all personnel, records, property,
unexpended balances of appropriations, allocations or other funds utilized in performing the
function are also transferred by this order.
Section 17. The effective date of this Executive Reorganization Order #2019-01 shall be
ninety days after its submission to the Legislature.
Office of Indian Education is Transferred to the Department of Tribal Relations
Section 18. The Office of Indian Education in the Department of Education is hereby
transferred to the Department of Tribal Relations. The Secretary of the Department of Tribal
Relations shall perform the functions of the Secretary of the Department of Education, relating
to the Office of Indian Education.
Section 19. The functions of the Indian Education Advisory Council established pursuant
to § 13-1-47 shall now be performed in relation to the Department of Tribal Relations. The
Secretary of Tribal Relations shall perform the functions of the former Secretary of Education
relating to the Indian Education Advisory Council.
Section 20. That § 13-1-47 be transferred to chapter 1-54 and amended to read as follows.
13-1-47. Office of Indian Education established.
The Office of Indian Education is hereby
established within the Department of
Education Tribal Relations. The Office of Indian
Education shall support initiatives in order that South Dakota's students and public school
instructional staff become aware of and gain an appreciation of South Dakota's unique American
Indian culture. The secretary of the Department of
Education Tribal Relations shall appoint an
Indian Education Advisory Council. The council shall consist of representatives of all nine
tribes in South Dakota along with Native American educators from all parts of the state. The
nine representatives of the tribes shall be appointed from nominations submitted by the tribal
councils of each of the tribes. The council members shall serve for three-year terms.
Section 21. That § 13-1-49 be transferred to chapter 1-54 and amended to read as follows.
13-1-49. Curriculum and coursework in South Dakota American Indian history and culture.
The Department of Education
, in cooperation with the Indian Education Advisory Council
created in § 13-1-47, shall develop course content for curriculum and coursework in South
Dakota American Indian history and culture shall consult with the Indian Education Advisory
Council within the Department of Tribal Relations to develop and review the Oceti Sakowin
Essential Understandings. The consultation process shall align with the standards revision cycle
established by the Board of Education Standards pursuant to § 13-3-48.
Section 22. That § 13-1-50 be repealed.
Section 23. That § 13-14-16 be transferred to chapter 1-54 and amended to read as follows.
13-14-16. Native American achievement schools grant program established.
There is hereby
established the Native American achievement schools grant program to be administered by the
Office of Indian Education within the Department of
Education Tribal Relations. The purpose
of the grant program is to fund the establishment of up to three Native American achievement
school projects aimed at improving academic outcomes for Native American students.
Section 24. That § 13-14-17 be transferred to chapter 1-54.
Section 25. That § 13-14-18 be transferred to chapter 1-54.
Section 26. That § 13-14-19 be transferred to chapter 1-54.
Section 27. That § 13-14-20 be transferred to chapter 1-54 and amended to read as follows.
13-14-20. Determination of grant recipients and award amounts. The department, with the
assistance of a group of reviewers designated by the secretary of
education tribal relations, shall
determine grant recipients and award amounts utilizing a competitive process. The group of
reviewers shall include three members of the Indian Education Advisory Council established
pursuant to § 13-1-47.
Section 28. That § 13-14-21 be transferred to chapter 1-54.
Section 29. That § 13-14-22 be transferred to chapter 1-54.
Section 30.
That § 13-14-23 be transferred to chapter 1-54.
Section 31. That § 13-55-72 be transferred to chapter 1-54 and amended to read as follows.
13-55-72. Paraprofessional tuition assistance scholarship program established. There is hereby
established the paraprofessional tuition assistance scholarship program to be administered by
the Office of Indian Education within the Department of
Education Tribal Relations. The
purpose of the scholarship program is to allow the pursuit of full teacher certification by the
paraprofessionals employed by qualifying schools.
Section 32. That § 13-55-73 be transferred to chapter 1-54.
Section 33. That § 13-55-74 be transferred to chapter 1-54.
Section 34. That § 13-55-75 be transferred to chapter 1-54 and amended to read as follows.
13-55-75. Maximum term of participation in program. A person is eligible to participate in
the paraprofessional tuition assistance scholarship program for up to four consecutive academic
years or until the attainment of a baccalaureate degree in elementary or secondary education,
whichever comes first. The secretary of
education tribal relations may grant exceptions to the
continuous enrollment requirement if good cause is demonstrated.
Section 35. That § 13-55-76 be transferred to chapter 1-54.
Section 36. That § 13-55-77 be transferred to chapter 1-54.
The Value Added Finance Authority Oversight, The Rural Rehabilitation Assets
and Funds, The Farm Link Program, and South Dakota Certified Beef Program
be Transferred from the Department of Agriculture to
the Governor's Office of Economic Development
Section 37. The Value Added Finance Authority oversight to issue tax exempt bonds and
administer a direct loan program for small ag processing businesses and the Value Added
Agricultural Sub Fund to provide funding for agricultural development studies pursuant to
chapter 1-16E, The Rural Rehabilitation Assets and Funds pursuant to chapter 38-6, the Farm
Link Program pursuant to chapter 38-1, and the South Dakota Certified Beef Program pursuant
to chapter 39-24 are hereby transferred from the Department of Agriculture to the Governor's
Office of Economic Development. The Commissioner of the Governor's Office of Economic
Development shall perform the functions of the Secretary of the Department of Agriculture
relating to the Value Added Finance Authority, The Rural Rehabilitation Assets and Funds, and
the South Dakota Certified Beef Program.
Section 38. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to transfer the existing administrative rules relating
to the Agriculture Enterprise Programs in Article 12:07, the Beginning Farmer Loan program
in Article 12:21, the Agribusiness Bonding and Lending Programs in Article 12:22, and the
South Dakota Certified Beef Program in Article 12:79 to the Governor's Office of Economic
Development.
Section 39. That § 1-16E-7(7) be amended to read as follows:
(7) Employ fiscal consultants, engineers, attorneys, and such other consultants and employees
as may be required and contract with the South Dakota Department of Agriculture Governor's
Office of Economic Development to provide staff and support services;
Section 40. That 38-1-42 be transferred to chapter 1-53 and be amended to read as follows:
38-1-42. Establishment of the farm link program. The farm link program is hereby established
and shall be administered by the Department of Agriculture Governor's Office of Economic
Development and the South Dakota Cooperative Extension Service. Under the program, the
department Governor's Office of Economic Development shall create a directory of prospective
beginning farmers and ranchers and a directory of available or potentially available farms and
ranches, which shall be used in matching the two groups. The department Governor's Office of
Economic Development may, if practicable, use the resources of the South Dakota ag enterprise
program. In administering the Farm Link Program, the department Governor's Office of
Economic Development shall attempt to cooperate with similar programs in surrounding states
to provide a greater opportunity for matching the interests of entering and retiring farmers and
ranchers. The department Governor's Office of Economic Development shall also make
available information on farm lending opportunities.
Section 41. That 38-1-43 be transferred to chapter 1-53 and be amended to read as follows:
38-1-43. Rules governing the farm link program. The Department of Agriculture Governor's
Office of Economic Development shall promulgate rules pursuant to chapter 1-26 to administer
the farm link program established pursuant to § 38-1-42. The rules shall include provisions
governing program eligibility and procedures for data management, applications, and program
administration.
Section 42. That § 38-6-1 be transferred to chapter 1-53 and be amended to read as follows:
38-6-1. Secretary of agriculture Commissioner of Governor's Office of Economic
Development as state official to receive trust assets. The secretary of agriculture commissioner
of governor's office of economic development is hereby designated as the state official of the
State of South Dakota to make application to and receive from the secretary of agriculture of
the United States, or any other proper federal official, pursuant and subject to the provisions of
Public Law 499, 81st Congress, approved May 3, 1950, the trust assets, either funds or property,
held by the United States as trustee in behalf of the South Dakota Rural Rehabilitation
Corporation.
Section 43. That § 38-6-3 be transferred to chapter 1-53 and be amended to read as follows:
38-6-3. Agreements for administration of trust assets by federal government. The secretary of
agriculture commissioner of governor's office of economic development, with the approval of
the Governor, is authorized to enter into agreements with the secretary of agriculture of the
United States pursuant to section 2(f) of the aforesaid act of the Congress of the United States,
upon such terms and conditions and for such periods of time as may be mutually agreeable,
authorizing the secretary of agriculture of the United States to accept, administer, expend and
use in the State of South Dakota all or any part of such trust assets or any other funds of the
State of South Dakota which may be appropriated for such uses for carrying out the purposes
of Titles I and II of the Bankhead-Jones Farm Tenant Act, in accordance with the applicable
provisions of Title IV thereof, as amended, and to do any and all things necessary to effectuate
and carry out the purposes of said agreements.
Section 44. That § 38-6-4 be transferred to chapter 1-53 and be amended to read as follows:
38-6-4. Deposit of trust assets with state treasurer--Purposes for which used. Notwithstanding
any other provisions of law, funds and the proceeds of the trust assets which are not authorized
to be administered by the secretary of agriculture of the United States under the provisions of
§ 38-6-3 shall be received by the secretary of agriculture commissioner of governor's office of
economic development under the application made pursuant to § 38-6-1 and by him deposited
with the state treasurer for use by the secretary commissioner of governor's office of economic
development for such of the rural rehabilitation purposes permissible under the charter of the
now dissolved South Dakota Rural Rehabilitation Corporation as may from time to time be
agreed upon by the secretary of agriculture commissioner of governor's office of economic
development with the approval of the Governor and the secretary of agriculture of the United
States subject to the applicable provisions of said Public Law 499, or for the purposes of
§ 38-6-3.
Section 45. That § 38-6-5 be transferred to chapter 1-53 and be amended to read as follows:
38-6-5. Compromise, adjustment, and collection of claims and obligations. The secretary of
agriculture commissioner of governor's office of economic development, with the approval of
the Governor, is authorized and empowered to collect, compromise, adjust, or cancel claims and
obligations arising out of or administered under this chapter or under any mortgage, lease,
contract, or agreement entered into or administered pursuant to this chapter and, if in his
judgment, necessary and advisable, pursue the same to final collection in any court having
jurisdiction.
Section 46. That § 38-6-6 be transferred to chapter 1-53 and be amended to read as follows:
38-6-6. Purchase and acquisition of property securing indebtedness. The secretary of
agriculture commissioner of governor's office of economic development, with the approval of
the Governor, is authorized and empowered to bid for and purchase at any execution,
foreclosure, or other sale, or otherwise to acquire property upon which the secretary
commissioner has a lien by reason of a judgment or execution, or which is pledged, mortgaged,
conveyed, or which otherwise secures any loan or other indebtedness owing to or acquired by
the secretary commissioner under this chapter.
Section 47. That § 38-6-7 be transferred to chapter 1-53 and be amended to read as follows:
38-6-7. Operation, lease, and disposition of property purchased or acquired. The
secretary of
agriculture commissioner of governor's office of economic development, with the approval of
the Governor, is authorized and empowered to accept title to any property purchased or acquired
pursuant to § 38-6-6; to operate or lease such property for such period as may be deemed
necessary to protect the investment therein; and to sell or otherwise dispose of such property in
a manner consistent with the provisions of this chapter.
Section 48. That § 38-6-8 be transferred to chapter 1-53 and be amended to read as follows:
38-6-8. Investment, transfer, and sale of securities and obligations--Purposes. The
secretary
of agriculture commissioner of governor's office of economic development, with the approval
of the Governor, is authorized and empowered to negotiate, renegotiate, invest, reinvest,
transfer, and sell securities, notes, bonds, mortgages, and other obligations, including funds and
the proceeds of trust assets, in such manner and upon such terms, conditions and for such
periods of time consistent with and for carrying out the purposes of this chapter and to do any
and all things necessary to effectuate and carry out the purposes permissible under the charter
of the now dissolved South Dakota Rural Rehabilitation Corporation.
Section 49. That § 38-6-8.1 be transferred to chapter 1-53 and be amended to read as follows:
38-6-8.1. Rules for disposition of claims and administration of trust. The
secretary of
agriculture commissioner of governor's office of economic development, in compliance with
the provisions of chapter 1-26, shall promulgate rules for disposition of claims and
administration of trust assets authorized under this chapter, including all loan programs, and
may adopt pursuant to chapter 1-26 such federal rules as are necessary to administer any
program authorized under this chapter.
Section 50. That § 38-6-9 be transferred to chapter 1-53.
Section 51. That § 38-6-10 be transferred to chapter 1-53 and be amended to read as
follows:
38-6-10. United States held free from liability. The United States and the secretary of
agriculture thereof, shall be held free from liability by virtue of the transfer of the assets to the
secretary of agriculture of the State of South Dakota commissioner of governor's office of
economic development pursuant to this chapter.
Section 52. That § 38-6-11 be transferred to chapter 38-1.
Section 54. That § 38-6-13 be transferred to chapter 1-53
Section 55. That § 38-6-14 be transferred to chapter 1-53.
Section 56. That § 38-6-15 be transferred to chapter 1-53 and be amended to read as
follows:
38-6-15. Earnings on value added agriculture subfund. Earnings on the value added
agriculture subfund may be used by the
South Dakota Department of Agriculture Governor's
Office of Economic Development for the administrative costs of this program. Such earnings
shall be expended in accordance with the provisions of Title 4 on warrants drawn by the state
auditor on vouchers approved by the
secretary of agriculture commissioner of the governor's
office of economic devlopment. Eligible expenses may not exceed total interest earnings during
the previous fiscal year prior to the deduction of loan losses for the same fiscal year.
Section 57. That § 38-6-16 be transferred to Chapter 1-53.
Section 58. That § 10-47B-149(2) be amended to read as follows:
(2) Each July transfer from the amount of motor fuel tax collected from the motor fuel used
for nonhighway purposes to the value added agriculture subfund created in
§ 38-6-13 Chapter
1-53 one hundred thirty-five thousand dollars.
Section 59. That §§ 39-24-1 and 39-24-2 be transferred to chapter 1-53.
Section 60. That § 39-24-3 be transferred to chapter 1-53 and be amended to read as
follows:
39-24-3. Authority of
Department of Agriculture Governor's Office of Economic
Development--Program requirements and operation. The
secretary commissioner of the
Department of Agriculture Governor's Office of Economic Development may establish quality
protocols, guidelines, program requirements, license fees, and license requirements and operate,
supervise, and control the South Dakota Certified beef program.
Section 61. That § 39-24-4 be transferred to chapter 1-53 and be amended to read as
follows:
39-24-4. Use of mark, copyright, or label--Violation as felony. The use of any certification
mark, trademark, service mark, copyright, or label of the South Dakota Certified beef program
shall be in accordance with the terms and conditions of a valid license issued by the
secretary
commissioner. A violation of this section is a Class 6 felony.
Section 62. That § 39-24-5 be transferred to chapter 1-53 and be amended to read as
follows:
39-24-5. Confidential information_Exception. Any data or financial information made or
received by the
secretary of agriculture commissioner of governor's office of economic
development pursuant to this chapter is not public record and is exempt from the provisions of
§ 1-27-1. However, the
secretary commissioner may provide information gathered pursuant to
this chapter to any government agency if the information is needed for a government sponsored
animal identification tracking program or for any public health or safety reason.
Section 63. That § 39-24-6 be transferred to chapter 1-53 and be amended to read as
follows:
39-24-6. Promulgation of rules. The
secretary of agriculture commissioner of governor's office
of economic development may by rule promulgated pursuant to chapter 1-26, prescribe the
following:
(1) Qualifications or conditions for using any intellectual property right, mark, or
label of the South Dakota Certified beef program;
(2) Reasonable fees for licenses and services of the program, such fees to be
reasonably commensurate with the cost of developing, administering, and marketing the
program;
(3) License application procedures, the terms and conditions of any license, and any
official form the secretary deems necessary and appropriate;
(4) Methods and means of conducting inspections, keeping records, and otherwise
insuring program compliance by participants in the program; and
(5) Provisions to maintain the confidentiality of business information provided to the
secretary by participants in the program.
Section 64.
That § 39-24-7 be transferred to chapter 1-53 and be amended to read as follows:
39-24-7. Enforcement by court action--Injunctive relief. In addition to any other remedy
provided by law, the
secretary commissioner may proceed by suit in any court of competent
jurisdiction to enforce the terms and provisions of this chapter and of any license issued
pursuant to this chapter. The
secretary commissioner may as a part of any such suit seek
injunctive relief.
Section 65. That § 39-24-8 be transferred to chapter 1-53 and be amended to read as follows:
39-24-8. Revocation of license. In addition to any other remedy provided by law, the
secretary
commissioner may revoke a license for cause pursuant to chapter 1-26.
Section 66. That §§ 39-24-9 and 39-24-10 be transferred to chapter 1-53.
Dated in Pierre, South Dakota, this 14th day of January, 2019.
Kristi Noem
Governor of South Dakota
ATTEST:
Steven Barnett
Secretary of State