JOURNAL OF THE HOUSE

NINETY-SEVENTH SESSION

FIRST DAY

STATE OF SOUTH DAKOTA

House of Representatives, Pierre

Tuesday, January 11, 2022

BE IT REMEMBERED, That on the eleventh day of January, A.D., two thousand twenty two, 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-seventh 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 Spencer Gosch.

The following prayer was offered by Reverend Sam Handschke, Pierre/Fort Pierre Ministerial Association, Pierre, South Dakota:

O Lord God, you give great and abundant gifts to your people. In your wisdom, you have given us the blessing of government so that your people might live in peace and safety. You have called these men and women to serve on behalf of your people. Give them knowledge and discernment, that they may perform their duties according to the abilities that you have given them. Grant them strength and endurance to work for the sake of your people. In Jesus’ name I pray, Amen.

The Pledge of Allegiance was led by intern Griffin Westra.

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 2022 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 K. Lucas-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 11th day of January 2022.

Steven J. Barnett

Secretary of State

When the roll was called, all members were present.

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.

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, Marty, May, Mills, Milstead, Miskimins, Mortenson, Mulally, Odenbach, Olson, Ernie Otten, Overweg, Perry, Kent Peterson, Sue Peterson, Pischke, Randolph, Reed, Rehfeldt, Reimer, Schneider, Jamie Smith, Soye, St. John, Stevens, Thomason, Tidemann, Vasgaard, Weis, Weisgram, Wiese, Willadsen, York, and Speaker Gosch

Excused: Lesmeister, Pourier, and Wink

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

The oath of office was administered to Ms. Miller by the Honorable Scott Myren, Justice of the Supreme Court of the state of South Dakota.

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

Speaker Gosch announced the appointment of the following employees of the House of Representatives for the Ninety-seventh Legislative Session:

Assistant to the Chief Clerk – Mary Beth Fravel

Assistant to the Chief Clerk – Judy Page

Assistant to the Chief Clerk – Shirleen Fugitt

Chief Chaplain – Craig Wexler

Sergeant at Arms – James Smith

Assistant Sergeant at Arms – Rollie Borth

Secretary to the Minority Party – Kaitlynn Kelly

Appropriations Secretary – Leonard Chick

Committee Secretaries – Jean Denton, Deb Dufour, Pam Kean, Mary Kirk, Ty Paulsen

Pages (1st Term) – Poppy Flaskey, Fiala Herceg, Shiara Noyes, Griffin Petersen,

Kathryn Rausch, Annabell Stuwe, Sierra Stuwe, Ashlyne Utter, Maxwell Zickrick

Pages (2nd Term) – Shelby Bestgen, Sarah Cox, Joseph Gebel, Kimberly Hageman,

Jailey Hutson, Harlie Johnson, William Kuhl IV, Evan Onken, Shane Rist,

Lawson Santema, Colton Schamber, Patience Swift

Pages (3rd Term) – Keely Bordeaux, Quinn Bormann, Grace DiGiovanni, Collin Dingsor,

Elaina Haugaard, Harlee Heim, Rupert Leaverton, Isabelle Mairose, Julia Platt,

Olivia Rink, Kinsey Schuchhardt, Jacob Weinheimer

Pages (4th Term) – Mollie Brown, William Cutler, Morgan Damman, Alexander Deak,

Aida Desaulniers, Dawson Desaulniers, Grace Glover, Erica Ingerson, Claire Koenecke,

Alexander Otten, William Peterson II, Britta Pietila, Rylee Rinehart, Addyson Wittnebel

Pages (5th Term) – Madyson Fleckenstein, Kylie Lacey, Caleb McGregor, Megan Nash,

Peyton Roe, Megan Sanders, Andrew Schroeder

Legislative Interns – Caeden Bunde, Ryan Conover, Benjamin Fischbach, Kira Goldade, Julianne Graham, Shelby Guthrie, Adelia Kirchner, Max Mickelson, Grace Nelson,

Trent Shuey, Griffen Westra, Avery Wolff

The oath of office was administered by the Honorable Scott Myren, Justice of the Supreme Court of the state of South Dakota, to the following named employees:

Assistant to the Chief Clerk – Mary Beth Fravel

Assistant to the Chief Clerk – Judy Page

Assistant to the Chief Clerk – Shirleen Fugitt

Chief Chaplain – Craig Wexler

Sergeant at Arms – James Smith

Assistant Sergeant at Arms – Rollie Borth

Secretary to the Minority Party – Kaitlynn Kelly

Appropriations Secretary – Leonard Chick

Committee Secretaries – Jean Denton, Deb Dufour, Pam Kean, Mary Kirk, Ty Paulsen

Legislative Interns – Caeden Bunde, Ryan Conover, Benjamin Fischbach, Kira Goldade, Julianne Graham, Shelby Guthrie, Max Mickelson, Grace Nelson, Trent Shuey, Griffen Westra, Avery Wolff

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

MOTIONS AND RESOLUTIONS

Rep. Kent Peterson moved that the permanent joint rules of the Ninety-sixth Legislative Session with the recommended changes to those joint rules for the Ninety-seventh Legislative Session as adopted in March, 2021, be adopted as the temporary joint rules for the Ninety-seventh Legislative Session.

The question being on Rep. Kent Peterson's motion that the permanent joint rules of the Ninety-sixth Legislative Session with the recommended changes to those joint rules for the Ninety-seventh Legislative Session as adopted in March, 2021, be adopted as the temporary joint rules for the Ninety-seventh Legislative Session.

And the roll being called:

Yeas 67, Nays 1, 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, Sue Peterson, Randolph, Reed, Rehfeldt, Reimer, Schneider, Jamie Smith, Soye, St. John, Stevens, Thomason, Tidemann, Vasgaard, Weis, Weisgram, Wiese, Willadsen, York, and Speaker Gosch

Nays: Pischke

Excused: Pourier and Wink

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

Rep. Kent Peterson moved that the permanent rules of the House of Representatives for the Ninety-sixth Legislative Session be adopted as the temporary House rules for the Ninety-seventh Legislative Session.

The question being on Rep. Kent Peterson's motion that the permanent rules of the House of Representatives for the Ninety-sixth Legislative Session be adopted as the temporary House rules for the Ninety-seventh Legislative Session.

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, Sue Peterson, Pischke, Randolph, Reed, Rehfeldt, Reimer, Schneider, Jamie Smith, Soye, St. John, Stevens, Thomason, Tidemann, Vasgaard, Weis, Weisgram, Wiese, Willadsen, York, and Speaker Gosch

Excused: Pourier and Wink

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

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

Which motion prevailed and the Speaker appointed as such committee Reps. Stevens, Schneider, Olson, and Bordeaux.

Rep. Kent Peterson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on January 12, 2022, the 2nd legislative day.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1001: FOR AN ACT ENTITLED, An Act to revise the freeze on assessments for dwellings of disabled and senior citizens.

Introduced by: Representative Weisgram

HB 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the investments authorized for state public funds.

Introduced by: The Committee on State Affairs at the request of the State Investment Council

HB 1003: FOR AN ACT ENTITLED, An Act to update references to certain federal motor carrier regulations.

Introduced by: The Committee on Transportation at the request of the Department of Public Safety

HB 1004: FOR AN ACT ENTITLED, An Act to prohibit cardholder cultivation of medical cannabis.

Introduced by: Representative Deutsch

HB 1005: FOR AN ACT ENTITLED, An Act to provide for the designated use of public school multi-occupancy rooms and sleeping rooms.

Introduced by: Representative Deutsch

HB 1006: FOR AN ACT ENTITLED, An Act to promote continued fairness in women's sports.

Introduced by: Representative Milstead

HB 1007: FOR AN ACT ENTITLED, An Act to codify a joint committee for legislative redistricting.

Introduced by: Representative Deutsch

HB 1008: FOR AN ACT ENTITLED, An Act to provide a cause of action for certain employees that are required to receive a vaccination as a condition of employment and to declare an emergency.

Introduced by: Representative Deutsch

HB 1009: FOR AN ACT ENTITLED, An Act to revise certain provisions of the Higher Education Savings Plan Act.

Introduced by: The Committee on State Affairs at the request of the State Investment Council

HB 1010: FOR AN ACT ENTITLED, An Act to revise certain references to the Internal Revenue Code.

Introduced by: The Committee on Taxation at the request of the Department of Revenue

HB 1011: FOR AN ACT ENTITLED, An Act to revise the application process for the reduction of tax on dwellings owned by paraplegics.

Introduced by: The Committee on Taxation at the request of the Department of Revenue

HB 1012: FOR AN ACT ENTITLED, An Act to protect students from critical race theory.

Introduced by: The Committee on Education at the request of the Office of the Governor

HB 1013: FOR AN ACT ENTITLED, An Act to make an appropriation for certain costs related to Capitol Lake and to declare an emergency.

Introduced by: The Committee on Appropriations at the request of the Bureau of Administration

HB 1014: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability and to declare an emergency.

Introduced by: The Committee on Appropriations at the request of the Department of Revenue

HB 1015: FOR AN ACT ENTITLED, An Act to require a moment of silence in schools to begin the school day.

Introduced by: The Committee on Education at the request of the Office of the Governor

HB 1016: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

Introduced by: The Committee on Appropriations at the request of the Department of Public Safety

HB 1017: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

Introduced by: The Committee on Appropriations at the request of the Department of Public Safety

HB 1018: FOR AN ACT ENTITLED, An Act to make an appropriation for the construction of a storage garage in Rapid City and to declare an emergency.

Introduced by: The Committee on Appropriations at the request of the Department of Public Safety

HB 1019: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

Introduced by: The Committee on Appropriations at the request of the Bureau of Administration

HB 1020: FOR AN ACT ENTITLED, An Act to authorize the Bureau of Administration to construct an addition to the Kinsman Building in Pierre, to make an appropriation therefor, and to declare an emergency.

Introduced by: The Committee on Appropriations at the request of the Bureau of Administration

HB 1021: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to acquire property, contract for the design and construction of an athletics events center at Dakota State University, to make an appropriation therefor, and to declare an emergency.

Introduced by: The Committee on Appropriations at the request of the Board of Regents

HB 1022: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the design and renovation of, and construction of an addition to, the Stanley J. Marshall Center at South Dakota State University, to make an appropriation therefor, and to declare an emergency.

Introduced by: The Committee on Appropriations at the request of the Board of Regents

HB 1023: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to demolish a South Dakota State University building and to make an appropriation therefor.

Introduced by: The Committee on Appropriations at the request of the Board of Regents

HB 1024: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding self-support tuition rates at off-campus locations governed by the Board of Regents.

Introduced by: The Committee on Appropriations at the request of the Board of Regents

HB 1025: FOR AN ACT ENTITLED, An Act to update legal holidays in South Dakota.

Introduced by: The Committee on State Affairs at the request of the Bureau of Human Resources

HB 1026: FOR AN ACT ENTITLED, An Act to prohibit eligibility for a suspended imposition of sentence for the crime of rape.

Introduced by: Representative Fitzgerald

HB 1027: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare an emergency.

Introduced by: The Committee on Health and Human Services at the request of the Department of Health

HB 1028: FOR AN ACT ENTITLED, An Act to update certain provisions related to the licensure of optometrists.

Introduced by: The Committee on Health and Human Services at the request of the State Board of Examiners in Optometry

HB 1029: FOR AN ACT ENTITLED, An Act to revise the definition of telehealth for purposes of health insurance policies.

Introduced by: The Committee on Commerce and Energy at the request of the Department of Labor and Regulation

HB 1030: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain health care professionals who have complied with the requirements for certain health care recruitment assistance programs and to declare an emergency.

Introduced by: The Committee on Appropriations at the request of the Department of Health

HB 1031: FOR AN ACT ENTITLED, An Act to make an appropriation to the Board of Technical Education to construct an advanced manufacturing laboratory space and classrooms on the campus of Lake Area Technical College and to declare an emergency.

Introduced by: The Committee on Appropriations at the request of the Board of Technical Education

HB 1032: FOR AN ACT ENTITLED, An Act to make an appropriation to the Board of Technical Education to construct an agriculture and diesel power laboratory and multi-purpose space on the campus of Mitchell Technical College and to declare an emergency.

Introduced by: The Committee on Appropriations at the request of the Board of Technical Education

HB 1033: FOR AN ACT ENTITLED, An Act to expand the eligible projects for the local infrastructure improvement grant fund.

Introduced by: The Committee on State Affairs at the request of the Governor's Office of Economic Development

HB 1034: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.

Introduced by: The Committee on Appropriations at the request of the Department of Agriculture and Natural Resources

HB 1035: FOR AN ACT ENTITLED, An Act to to allow the Department of Agriculture and Natural Resources to collect receipts from timber sales on federal lands and disburse those receipts according to federal law.

Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture and Natural Resources

HB 1036: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding search warrants for tracking devices.

Introduced by: The Committee on Judiciary at the request of the Attorney General

HB 1037: FOR AN ACT ENTITLED, An Act to revise the penalty for certain willful violations by grain buyers and grain warehouse operators.

Introduced by: The Committee on Judiciary at the request of the Attorney General

HB 1038: FOR AN ACT ENTITLED, An Act to establish an opioid trust fund and to declare an emergency.

Introduced by: The Committee on Judiciary at the request of the Attorney General

HB 1039: FOR AN ACT ENTITLED, An Act to provide for the assessment of certain agricultural land as noncropland.

Introduced by: Representative Ladner

HB 1040: FOR AN ACT ENTITLED, An Act to reduce the maximum property tax levies for the general fund of school districts.

Introduced by: Representative Ernie Otten

HB 1041: FOR AN ACT ENTITLED, An Act to facilitate legislative oversight of settlement agreements involving a state entity or official.

Introduced by: Representative Ernie Otten

HB 1042: FOR AN ACT ENTITLED, An Act to provide for permanent daylight savings time when permissible under federal law.

Introduced by: Representative Ernie Otten

HB 1043: FOR AN ACT ENTITLED, An Act to revise renewal and licensing requirements for plumbers.

Introduced by: Representative Mortenson

HB 1044: FOR AN ACT ENTITLED, An Act to adopt the 2021 edition of the Uniform Plumbing Code.

Introduced by: Representative Mortenson

HB 1045: FOR AN ACT ENTITLED, An Act to increase a tax on the gross receipts of all sales of marijuana, and to distribute a portion of that revenue to counties.

Introduced by: Representative Ernie Otten

HB 1046: FOR AN ACT ENTITLED, An Act to revise the disposal fee for large-scale solid waste disposal facilities operated by political subdivisions.

Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture and Natural Resources

HB 1047: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Education to improve and renovate the Cultural Heritage Center and to declare an emergency.

Introduced by: The Committee on Appropriations at the request of the Department of Education

HB 1048: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Game, Fish and Parks for expanding Custer State Park and to declare an emergency.

Introduced by: The Committee on Appropriations at the request of the Department of Game, Fish and Parks

HB 1049: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Game, Fish and Parks for building a shooting range near Rapid City and to declare an emergency.

Introduced by: The Committee on Appropriations at the request of the Department of Game, Fish and Parks

HB 1050: FOR AN ACT ENTITLED, An Act to repeal obsolete lease requirements for the Black Hills Playhouse.

Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Game, Fish and Parks

HB 1051: FOR AN ACT ENTITLED, An Act to amend certain provisions relating to the small business credit initiative fund.

Introduced by: The Committee on State Affairs at the request of the Governor's Office of Economic Development

HB 1052: FOR AN ACT ENTITLED, An Act to place limitations on the enforcement of federal laws and directive related to firearms and ammunition.

Introduced by: Representative Aylward

HB 1053: FOR AN ACT ENTITLED, An Act to authorize counties to issue bonds for certain expenditures funded by a gross receipts tax.

Introduced by: Representative Ernie Otten

HB 1054: FOR AN ACT ENTITLED, An Act to prohibit the isomerization and acetylation of cannabinoids and the sale and possession of products created by the isomerization and acetylation of cannabinoids and to provide a penalty therefor.

Introduced by: Representative Deutsch

HB 1055: FOR AN ACT ENTITLED, An Act to require informational transparency regarding the issuance of executive orders.

Introduced by: Representative Ernie Otten

HB 1056: FOR AN ACT ENTITLED, An Act to revise provisions related to medical cannabis data maintained by the Department of Health.

Introduced by: Representative Deutsch

HB 1057: FOR AN ACT ENTITLED, An Act to prohibit the unauthorized transfer of cannabis and cannabis products by a medical cannabis cardholder to another person.

Introduced by: Representative Deutsch

HB 1058: FOR AN ACT ENTITLED, An Act to revise the available forms of medical cannabis products.

Introduced by: Representative Deutsch

HB 1059: FOR AN ACT ENTITLED, An Act to permit nonresponsive insurance producer applications be deemed withdrawn as to not constitute a refusal or administrative action.

Introduced by: Representative Weisgram

HJR 5001: A JOINT RESOLUTION, To apply for a convention of states under Article V of the Constitution of the United States, to impose fiscal restraints on the federal government, to limit the power and jurisdiction of the federal government, and to limit the terms of office for federal officials and members of Congress.

Introduced by: Representative Pischke

Were read the first time.

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

COMMUNICATIONS AND PETITIONS

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

** Denotes Chair * Denotes Vice-Chair

AGRICULTURE & NATURAL RESOURCES (13)

**Overweg, *Hoffman, Blare, Chase, Finck, Goodwin, Ladner, Marty, Schneider, Vasgaard, Wink, York, Lesmeister

APPROPRIATIONS (9)

**Karr, *Howard, Fitzgerald, Gross, Haugaard, May, Mills, Mulally, Duba

COMMERCE & ENERGY (13)

**Milstead, *Beal, Anderson, Bartels, Ladner, Perry, Reed, Schneider, Vasgaard, Weis, Weisgram, Willadsen, Bordeaux

EDUCATION (15)

**Greenfield (Lana), *Peterson (Sue), Bartels, Davis, Dennert, Deutsch, Jensen (Phil), Marty, Miskimins, Mortenson, Odenbach, Soye, Stevens, Healy, Keintz

GOVERNMENT OPERATIONS & AUDIT (5)

**Gross, *Otten (Ernie), Karr, Peterson (Sue), Duba

HEALTH & HUMAN SERVICES (13)

**Jensen (Kevin), *Deutsch, Aylward, Davis, Jensen (Phil), Miskimins, Perry, Rehfeldt, St. John, Weis, Wiese, Healy, Keintz

JUDICIARY (13)

**Hansen, *Stevens, Aylward, Barthel, Odenbach, Peterson (Sue), Pischke, Rehfeldt, Reimer, Soye, St. John, Cwach, Pourier

LEGISLATIVE PROCEDURE (7)

**Gosch, *Hansen, Finck, Haugaard, Johnson (Chris), Peterson (Kent), Healy

LOCAL GOVERNMENT (13)

**York, *Jamison, Barthel, Drury, Greenfield (Lana), Hoffman, Johnson (Chris), Mortenson, Olson, Reed, Thomason, Weisgram, Cwach

MILITARY AND VETERANS AFFAIRS (13)

**Randolph, *Gross, Deutsch, Drury, Goodwin, Howard, Johnson (Chris), Marty, Olson, Overweg, Tidemann, York, Pourier

RETIREMENT LAWS (5)

**Bartels, *Tidemann, Perry, Cwach, Duba

STATE AFFAIRS (13)

**Peterson (Kent), *Johnson (Chris), Anderson, Beal, Chaffee, Goodwin, Gosch, Hansen, Jensen (Kevin), Reimer, Wiese, Lesmeister, Smith (Jamie)

TAXATION (13)

**Dennert, *Pischke, Chaffee, Derby, Drury, Jamison, Koth, Olson, Otten (Ernie), Randolph, Thomason, Tidemann, Pourier

TRANSPORTATION (13)

**Finck, *Blare, Chase, Derby, Koth, Milstead, Otten (Ernie), Overweg, Randolph, Tidemann, Willadsen, Wink, Bordeaux

Mr. SPEAKER:

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

Also, Mr. SPEAKER:

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

That the Senate and the House will convene in Joint Session in the Chamber of the House of Representatives at 1:00 p.m., January 11, 2022.

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

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

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

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

Also, Mr. SPEAKER:

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

That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 1:30 p.m., January 12, 2022.

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

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

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

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

Also, Mr. SPEAKER:

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

That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 1:30 p.m., January 13, 2022.

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

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

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

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

Rep. Reimer moved that the House do now adjourn, which motion prevailed and at 12:29 p.m. the House adjourned.

Patricia Miller, Chief Clerk

JOINT SESSION

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

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

We begin with a reading from Romans chapter 13: “Let everyone be subject to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. Consequently, whoever rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves. For rulers hold no terror for those who do right, but for those who do wrong. Do you want to be free from fear of the one in authority? Then do what is right and you will be commended. For the one in authority is God’s servant for your good.”

Gracious God, Your sovereignty is powerful and right. Your sovereignty has allowed all of us to be called and elected into this space and time. Remind all who hear, that Your will outweighs that of any individual person or movement. We live in a time and space in which our country has become more polarized than it has in decades. But where there is polarization, we pray for unity. Where there is worship of the self—or worship of conflicting identities—remind us that our identity is in YOU, and YOU ALONE. We are all created in your image and it is our brokenness and individualization that continues to drive us apart.

But not today…Today, Almighty God, as we stand here together in this room—man and woman—young and old—Republican and Democrat----but most importantly, Christian-God-fearing, and South Dakotan……I pray for all of the authority that your sovereign rule has been allowed into power. We pray for Governor Noem and her continued leadership—bless her words—bless her work—bless her support staff—bless her family. We pray for our Senators and Representatives, their families and the constituents they serve. We pray for our judges of the court who continue to discern and interpret justice on the laws that are created in these halls. Give them grace and wisdom. We pray for every staff member in this building who keeps the work in these coming weeks, moving forward. And finally…We pray for all other leaders in government across this nation, outside the borders of this great state. Give them wisdom, humility, and insight into the true needs of this country—not the personal agendas that continue to drive us apart, but the ideals of what created this country in the first place 246 years ago—faith, peace, liberty, and the pursuit of happiness. Come Lord Jesus, Come. It is in your name we pray, thanks be to God. Amen.

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

Bolin; Breitling; Cammack; Castleberry; Crabtree; Curd; Diedrich; Duhamel; Duvall; Foster;Frye-Mueller; Greenfield, Brock; Heinert; Hunhoff; Johns; Johnson, David; Klumb, Kolbeck; Maher; Nesiba; Novstrup, Al; Otten, Herman; Rohl; Rusch; Schoenbeck; Schoenfish; Smith, VJ; Stalzer; Steinhauer; Sutton; Symens; Tobin; Wheeler; Wiik; Zikmund.

The Chief Clerk of the House of Representatives, Patricia Miller, called the roll of the House and the following members were present:

Anderson; Aylward; Bartels; Barthel; Beal; Blare; Bordeaux; Chaffee; Chase; Cwach; Davis; Dennert; Derby; Deutsch; Drury; Duba; Finck; Fitzgerald; Goodwin; Greenfield, Lana; Gross; Hansen; Haugaard; Healy; Hoffman; Howard; Jamison; Jensen, Kevin; Jensen, Phil; Johnson, Chris; Karr; Keintz; Koth; Ladner; Lesmeister; Marty; May; Mills; Milstead; Miskimins; Mortenson; Mulally; Odenbach; Olson; Otten, Ernie; Overweg; Perry; Peterson, Kent; Peterson, Sue; Pischke; Pourier; Randolph; Reed; Rehfeldt; Reimer; Schneider; Smith, Jamie; Soye; St. John; Stevens; Thomason; Tidemann; Vasgaard; Weis; Weisgram; Wiese; Willadsen; Wink; York; Speaker Gosch.

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

Which motion prevailed and the President announced as such committee Sens. Schoenbeck, Cammack, and Heinert on the part of the Senate and Reps. Hansen, Kent Peterson, Chris Johnson, Smith, and Lesmeister on the part of the House.

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

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

Sen. Cammack moved that the Joint Session do now dissolve.

Which motion prevailed.

12 copies were printed on recycled paper by the South Dakota Legislative Research Council at a cost of $.104 per page.