FIRST
DAY
JOURNAL OF THE HOUSE
FIRST SPECIAL SESSION OF THE NINETY-SIXTH LEGISLATURE
FIRST
DAY
STATE OF SOUTH DAKOTA
House of Representatives, Pierre
BE IT REMEMBERED, That on the eighth day of November, A.D., two thousand twenty one, at the hour of ten o=clock meridian, being the day and hour named by the presiding officers of both houses of the Legislature, for the convening of the Legislature in the First Special Session, 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 Spencer Gosch.
The following prayer was offered by Pastor Emily Munger, Pierre/Fort Pierre Ministerial Association, Pierre, South Dakota:
God of the Universe and God of our hearts,
We are grateful for the gift of today, the opportunity to make collective decisions for the sake of bettering our communities. Give us leaders humble hearts as we acknowledge the gravity of choices made on behalf of others. Grant us listening spirits and discerning minds, strength and courage, energy and compassion. We invoke the wisdom of saints who have gone before us today, and we ask for hearts like the children who will follow us in tending our communities. For the sake of every single South Dakotan in our care, may we find shared commitments outweigh that which divides. Teach us how to love our neighbors as ourselves, in the great name of Jesus we pray, Amen.
The Pledge of Allegiance to the flag was recited by the members of the House.
I, STEVEN J. BARNETT, Secretary of State of the state of South Dakota, do hereby certify that the elected members of the House of Representatives at the general election held on November 3, 2020 were certified on November 10, 2020 or November 23, 2020. I do hereby certify that these are the members of the South Dakota House of Representatives for the 2021 Special Legislative Session.
District No. 1: Brown, Day, Marshall and Roberts Counties
Jennifer Keintz, Eden
Tamara St John, Sisseton
District No. 2: Brown, Clark, Hamlin and Spink Counties
Lana Greenfield, Doland
Kaleb W. Weis, Aberdeen
District No. 3: Brown County
Carl E Perry, Aberdeen
Drew Dennert, Aberdeen
District No. 4: Brookings, Codington, Deuel and Grant Counties
Fred Deutsch, Florence
John Mills, Volga
District No. 5: Codington County
Hugh M. Bartels, Watertown
Nancy York, Watertown
District No. 6: Lincoln County
Aaron Aylward, Harrisburg
Ernie Otten, Tea
District No. 7: Brookings County
Larry Tidemann, Brookings
Tim Reed, Brookings
District No. 8: Lake, Miner, Moody and Sanborn Counties
Marli Wiese, Madison
Randy Gross, Elkton
District No. 9: Minnehaha County
Rhonda Milstead, Hartford
Bethany Soye, Sioux Falls
District No. 10: Minnehaha County
Doug Barthel, Sioux Falls
Steven Haugaard, Sioux Falls
District No. 11: Minnehaha County
Mark K. Willadsen, Sioux Falls
Chris Karr, Sioux Falls
District No. 12: Lincoln and Minnehaha Counties
Arch Beal, Sioux Falls
Greg Jamison, Sioux Falls
District No. 13: Lincoln and Minnehaha Counties
Richard Thomason, Sioux Falls
Sue Peterson, Sioux Falls
District No. 14: Minnehaha County
Taylor Rehfeldt, Sioux Falls
Erin Healy, Sioux Falls
District No. 15: Minnehaha County
Linda Duba, Sioux Falls
Jamie Smith, Sioux Falls
District No. 16: Lincoln and Union Counties
David L. Anderson, Hudson
Kevin D. Jensen, Canton
District No. 17: Clay and Turner Counties
Richard Vasgaard, Centerville
Sydney Davis, Burbank
District No. 18: Yankton County
Ryan Cwach, Yankton
Mike Stevens, Yankton
District No. 19: Bon Homme, Douglas, Hanson, Hutchinson and McCook Counties
Kent S. Peterson, Salem
Marty Overweg, New Holland
District No. 20: Aurora, Davison and Jerauld Counties
Paul R. Miskimins, Mitchell
Lance Koth, Mitchell
District No. 21: Bon Homme, Charles Mix, Gregory and Tripp Counties
Caleb Finck, Tripp
Rocky Blare, Ideal
District No. 22: Beadle and Kingsbury Counties
Roger Chase, Huron
Lynn Schneider, Huron
District No. 23: Campbell, Edmunds, Faulk, Hand, McPherson, Potter, Spink and Walworth Counties
Spencer Gosch, Glenham
Charlie Hoffman, Eureka
District No. 24: Hughes, Hyde, Stanley and Sully Counties
Will Mortenson, Pierre
Mike Weisgram, Pierre
District No. 25: Minnehaha County
Jon Hansen, Dell Rapids
Tom Pischke, Dell Rapids
District No. 26A: Mellette and Todd Counties
Shawn Bordeaux, Mission
District No. 26B: Brule, Buffalo, Jones and Lyman Counties
Rebecca Reimer, Chamberlain
District No. 27: Bennett, Haakon, Jackson, Oglala Lakota and Pennington Counties
Liz May, Kyle
Peri Pourier, Pine Ridge
District No. 28A: Corson, Dewey and Ziebach Counties
Oren Lesmeister, Parade
District No. 28B: Butte, Harding and Perkins Counties
Sam Marty, Prairie City
District No. 29: Butte, Meade and Pennington Counties
Kirk Chaffee, Whitewood
Dean Wink, Howes
District No. 30: Custer, Fall River and Pennington Counties
Trish Ladner, Hot Springs
Tim R. Goodwin, Rapid City
District No. 31: Lawrence County
Mary J. Fitzgerald, Saint Onge
Scott Odenbach, Spearfish
District No. 32: Pennington County
Becky J. Drury, Rapid City
Chris Johnson, Rapid City
District No. 33: Meade and Pennington Counties
Taffy Howard, Rapid City
Phil Jensen, Rapid City
District No. 34: Pennington County
Jess Olson, Rapid City
Mike Derby, Rapid City
District No. 35: Pennington County
Tina L Mulally, Rapid City
Tony Randolph, Rapid City
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 8th day of November 2021.
Steven J. Barnett
Secretary of State
When the roll was called, all members were present except Reps. Peterson (Sue) and Pourier who were excused.
Rep. Kent Peterson moved that the House do now proceed with the organization of the House of Representatives.
Which motion prevailed.
Representative Spencer Gosch was elected Speaker of the House for the 2021-22 legislative term on January 12, 2021. Representative Jon Hansen was elected Speaker Pro Tempore for the
2021-22 legislative term on January 12, 2021.
The Speaker announced that nominations for Chief Clerk of the House of Representatives were now in order.
Rep. Kent Peterson nominated Ms. Patricia Miller as Chief Clerk of the House of Representatives.
Yeas 67, Nays 0, Excused 3, Absent 0
Yeas:
Anderson, Aylward, Bartels, Barthel, Beal, Blare, Bordeaux, Chaffee, Chase, Cwach, Davis, Dennert, Derby, Deutsch, Drury, Duba, Finck, Fitzgerald, Goodwin, Lana Greenfield, Gross, Hansen, Haugaard, Healy, Hoffman, Howard, Jamison, Kevin Jensen, Phil Jensen, Chris Johnson, Karr, Keintz, Koth, Ladner, Lesmeister, Marty, Mills, Milstead, Miskimins, Mortenson, Mulally, Odenbach, Olson, Ernie Otten, Overweg, Perry, Kent Peterson, Pischke, Randolph, Reed, Rehfeldt, Reimer, Schneider, Jamie Smith, Soye, St. John, Stevens, Thomason, Tidemann, Vasgaard, Weis, Weisgram, Wiese, Willadsen, Wink, York, and Speaker Gosch
Excused:
May, Sue Peterson, and Pourier
Ms. Miller, having received an affirmative vote of the majority of the members-elect, was declared duly elected.
The oath of office was administered to Ms. Miller by Speaker Gosch.
Which was subscribed to and placed on file in the office of the Secretary of State.
The Speaker announced the appointment of the following employees of the House of Representatives for the First Special Session of the Ninety-sixth Legislative Session:
First Assistant to the Chief Clerk B Mary Beth Fravel
Second Assistant to the Chief Clerk B Judy Page
Third Assistant to the Chief Clerk – Shirleen Fugitt
Sergeant at Arms – Jim Smith
Assistant to the Sergeant at Arms – Rollie Borth
Committee Secretary – Pam Kean
The oath of office was administered by Speaker Gosch to the following named employees:
First Assistant to the Chief Clerk B Mary Beth Fravel
Second Assistant to the Chief Clerk B Judy Page
Third Assistant to the Chief Clerk – Shirleen Fugitt
Sergeant at Arms – Jim Smith
Assistant to the Sergeant at Arms – Rollie Borth
Committee Secretary – Pam Kean
Which were subscribed to and placed on file in the office of the Secretary of State.
Rep. Kent Peterson moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate relative to the joint rules for the two houses for the First Special Session of Ninety-sixth Legislative Session.
Which motion prevailed and the Speaker appointed as such committee Reps. Gosch, Kent Peterson, and Jamie Smith.
ANNOUNCEMENTS
The Speaker announced the appointment of the following standing committees.
** Denotes Chair * Denotes Vice-Chair
LEGISLATIVE PROCEDURE (7)
**Gosch, *Hansen, Finck, Haugaard, Johnson (Chris), Peterson (Kent), Healy
STATE AFFAIRS (13)
**Peterson (Kent), *Johnson (Chris), Anderson, Beal, Chaffee, Goodwin, Gosch, Hansen, Jensen (Kevin), Reimer, Wiese, Lesmeister, Smith (Jamie)
MR. SPEAKER:
Your Joint-Select Committee appointed on joint rules respectfully reports that it has had under consideration the joint rules and recommends that the joint rules of the Ninety-sixth Legislative Session be adopted with the following exceptions:
Whereas Article III, Section 31 of the South Dakota Constitution empowers the Legislature to call itself into special session and the Legislature having issued a proclamation calling a special session for the sole purpose of redistricting the Legislature; and
Whereas Article III, Section 9 of the South Dakota Constitution provides that the Legislature shall determine the rules of its proceedings, your Joint-Select Committee appointed for the purpose of preparing rules for the Special Session respectfully reports that the rules of the regular session of the Ninety-sixth Legislative Session be made the rules of the Senate and House during the Special Session with the following exceptions and that such printing of the rules in the journal be dispensed with:
Special Rule No. 1: Notwithstanding any other rule, the presiding officer of the House may dispense with the referral of a bill or resolution to a standing committee. Notwithstanding any other rule, the presiding officer of the Senate may dispense with the referral of a bill to a standing committee.
Special Rule No. 2: Any member of the House may introduce, at any time during this Special Session, any bill or resolution germane to the proclamation. Any member of the Senate may introduce, at any time during the Special Session, any bill germane to the proclamation. None of the deadlines in regard to bill or resolution introduction and hearing shall apply to the Special Session in the House. None of the deadlines in regard to bill introduction and hearing shall apply to the Special Session in the Senate.
Special Rule No. 3: The presiding officers of the House and the Senate may appoint the officers and employees for the respective bodies as they deem necessary to carry out the activities of the respective houses.
Special Rule No. 4: No rules dealing with a call of the house shall apply to the Special Session, except that the attendance of any member who has answered the initial roll call each day may be compelled by the presiding officer.
Special Rule No. 5: No rules, including, but not limited to, Joint Rules 5-17 and 7-7, dealing with required delivery of bills and placement of bills or resolutions on the calendar, shall apply to the Special Session; and the placement of House bills or resolutions, or Senate bills, on the calendar for second reading shall be determined by a majority vote of the members-elect.
Special Rule No. 6: Rules dealing with the order of business shall prevail, provided, however, that the order of business may be changed by a majority vote of the members-elect, thereby bringing up any item of action by such vote. The proclamation calling the Legislature into Special Session shall govern the consideration of all bills and resolutions and the body shall determine the germaneness of a given bill and resolution to the proclamation.
Special Rule No. 7: Rules dealing with fiscal notes shall not apply to the Special Session.
Special Rule No. 8: The whole body of either house or of both houses may, upon appropriate motion or motions, convene as a committee of the whole for the sole purpose of taking testimony and allowing the questioning of witnesses, regarding any bill or resolution that has been introduced in either chamber within the scope of these rules and the proclamation convening this special session. Joint Rule 9-1, pertaining to the designation of a chair of a committee of the whole, does not apply. The President pro tempore may preside over any committee of the whole of the Senate. The Speaker of the House may preside over any committee of the whole of the House.
Special Rule No. 9: Joint Rules 2-1 and 2-4, relating to access to the floor of each chamber, do not apply to any individual entering the floor of the House or Senate for the sole purpose of providing testimony to, or answering the questions of, a committee of the whole of either house or of both houses.
Special Rule No. 10: No rules dealing with the printing and distribution of House bills or resolutions, or Senate bills, shall apply to the Special Session. The Legislative Research Council and Secretary of State shall provide photocopies of bills introduced to the public and legislative agents.
Special Rule No. 11: At the conclusion of the Special Session, the Chief Clerk of the House and the Secretary of the Senate shall review the journal prepared and make the necessary corrections and provide the contract printer with the corrected journal for distribution to those who subscribed to journals during the regular Ninety-sixth Legislative Session.
Special Rule No. 12: Notwithstanding Joint Rule 11-1, House Rule H4-1, and Senate Rule S5-1, a majority of the members-elect of either house may suspend, adopt, or amend any of the rules.
Respectfully submitted, Respectfully submitted,
Spencer Gosch Lee Schoenbeck
Kent Peterson Gary Cammack
Jamie Smith Troy Heinert
House Committee Senate Committee
Rep. Kent Peterson moved that the report of the Joint-Select Committee relative to the joint rules for the First Special Session of the Ninety-sixth Legislative Session be adopted.
The question being on Rep. Kent Peterson's motion that the report of the Joint-Select Committee relative to the rules for the First Special Session of the Ninety-sixth Legislative Session be adopted.
And the roll being called:
Yeas 67, Nays 0, Excused 3, Absent 0
Yeas:
Anderson, Aylward, Bartels, Barthel, Beal, Blare, Bordeaux, Chaffee, Chase, Cwach, Davis, Dennert, Derby, Deutsch, Drury, Duba, Finck, Fitzgerald, Goodwin, Lana Greenfield, Gross, Hansen, Haugaard, Healy, Hoffman, Howard, Jamison, Kevin Jensen, Phil Jensen, Chris Johnson, Karr, Keintz, Koth, Ladner, Lesmeister, Marty, Mills, Milstead, Miskimins, Mortenson, Mulally, Odenbach, Olson, Ernie Otten, Overweg, Perry, Kent Peterson, Pischke, Randolph, Reed, Rehfeldt, Reimer, Schneider, Jamie Smith, Soye, St. John, Stevens, Thomason, Tidemann, Vasgaard, Weis, Weisgram, Wiese, Willadsen, Wink, York, and Speaker Gosch
Excused:
May, Sue Peterson, and Pourier
So the motion having received an affirmative vote of a majority of the members elect, the Speaker declared the motion prevailed.
HB 1001: FOR AN ACT ENTITLED, An Act to provide for the decennial redistricting of the Legislature.
Was read the first time and referred to the Committee on State Affairs.
Speaker Gosch moved that the House do now recess until after the Committee on State Affairs adjourns.
Which motion prevailed, and at 10:21 a.m., the House recessed.
RECESS
The House reconvened at 12:34 p.m., the Speaker presiding.
There being no objection, the House reverted to Order of Business No. 7 - Messages from the Senate.
MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed
Sens. Schoenbeck, Cammack, and Heinert as a committee of three on the part of the Senate to meet with a like committee on the part of the House relative to the Joint Rules for the First Special Session of the Ninety-sixth Legislative Session.
Respectfully,
Kay Johnson, Secretary
There being no objection, the House reverted to Order of Business No. 5 - Reports of Standing Committees.
The Committee on House State Affairs respectfully reports that it has had under consideration HB 1001 and returns the same with the recommendation that said bill do pass.
Respectfully submitted,
Kent Peterson, Chair
There being no objection, the House reverted to Order of Business No. 13 - Second Reading of House Bills.
HB 1001: FOR AN ACT ENTITLED, An Act to provide for the decennial redistricting of the Legislature.
Was read the second time.
The question being "Shall HB 1001 pass?"
And the roll being called:
Yeas 48, Nays 20, Excused 2, Absent 0
Yeas:
Anderson, Aylward, Barthel, Chaffee, Dennert, Deutsch, Finck, Fitzgerald, Goodwin, Lana Greenfield, Gross, Hansen, Haugaard, Hoffman, Howard, Jamison, Kevin Jensen, Phil Jensen, Chris Johnson, Karr, Koth, Ladner, Marty, May, Mills, Milstead, Miskimins, Mortenson, Mulally, Odenbach, Ernie Otten, Overweg, Perry, Kent Peterson, Pischke, Randolph, Reimer, Soye, St. John, Thomason, Vasgaard, Weis, Weisgram, Wiese, Willadsen, Wink, York, and Speaker Gosch
Nays:
Bartels, Beal, Blare, Bordeaux, Chase, Cwach, Davis, Derby, Drury, Duba, Healy, Keintz, Lesmeister, Olson, Reed, Rehfeldt, Schneider, Jamie Smith, Stevens, and Tidemann
Sue Peterson and 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.
Speaker Gosch moved that the House do now recess until it receives the report from the Senate.
Which motion prevailed, and at 12:56 p.m., the House recessed.
RECESS
The House reconvened at 2:37 p.m., the Speaker presiding.
There being no objection, the House reverted to Order of Business No. 7 - Messages from the Senate.
I have the honor to transmit herewith SB 1 which has passed the Senate and your favorable consideration is respectfully requested.
Respectfully,
Kay Johnson, Secretary
There being no objection, the House reverted to Order of Business No. 11 - First Reading of Senate Bills.
SB 1: FOR AN ACT ENTITLED, An Act to provide for the decennial redistricting of the Legislature.
Was read the first time and referred to the Committee on State Affairs.
Speaker Gosch moved that the House do now recess until later this afternoon.
Which motion prevailed and at 2:39 p.m., the House recessed.
RECESS
The House reconvened at 3:18 p.m., the Speaker presiding.
There being no objection, the House reverted to Order of Business No. 7 - Messages from the Senate.
Mr. SPEAKER:
I have the honor to return herewith HB 1001 which has been amended by the Senate and your concurrence in the amendments is respectfully requested.
Respectfully,
Rep. Kent Peterson moved that the House do not concur in Senate amendments to HB 1001 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas:
Anderson, Aylward, Bartels, Barthel, Beal, Blare, Bordeaux, Chaffee, Chase, Cwach, Davis, Dennert, Derby, Deutsch, Drury, Duba, Finck, Fitzgerald, Goodwin, Lana Greenfield, Gross, Hansen, Haugaard, Healy, Hoffman, Howard, Jamison, Kevin Jensen, Phil Jensen, Chris Johnson, Karr, Keintz, Koth, Ladner, Lesmeister, Marty, May, Mills, Milstead, Miskimins, Mortenson, Mulally, Odenbach, Olson, Ernie Otten, Overweg, Perry, Kent Peterson, Pischke, Randolph, Reed, Rehfeldt, Reimer, Schneider, Jamie Smith, Soye, St. John, Stevens, Thomason, Tidemann, Vasgaard, Weis, Weisgram, Wiese, Willadsen, Wink, York, and Speaker Gosch
Excused:
Sue Peterson and Pourier
So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion prevailed and the Speaker appointed as such committee Representatives Kent Peterson (Chair), Gosch, and Cwach.
Speaker Gosch moved that the House do now recess until later this afternoon.
Which motion prevailed and at 3:22 p.m., the House recessed.
RECESS
The House reconvened at 9:07 p.m., the Speaker presiding.
Rep. Kent Peterson moved that when we adjourn today, we adjourn to convene at 2:00 p.m. on Tuesday, November 9, 2021 the 2nd legislative day.
Which motion prevailed.
Rep. Reimer moved that the House do now adjourn, which motion prevailed and at 9:07 p.m. the House adjourned.
Patricia Miller, Chief Clerk
Certified Copy