JOURNAL OF THE HOUSE
FIRST DAY
STATE OF SOUTH DAKOTA
House of Representatives, Pierre
BE IT REMEMBERED, That on the tenth day of January, A.D., two thousand twenty three, 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-eighth 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 Secretary of State Monae L. Johnson.
The following prayer was offered by Reverend Sam Handschke, Pierre/Fort Pierre Ministerial Association, Pierre, South Dakota:
Lord God, you have brought us together for the beginning of this new legislative session. Over the course of these coming days and weeks, we have the privilege of guiding your people. Give us wisdom, that we might see the needs of your people and how best to address them. Give us encouragement, that we might be sustained in the long hours of work. Help us to know the times to speak and the times to be silent. Watch over us as we travel, that we may be reunited with friends and family and arrive safely back in this chamber. In all that we do, we thank you for this great blessing, that “Under God the People Rule.” In the name of Jesus I pray, Amen.
The Pledge of Allegiance was led by House page Keegan Baker.
Unless there is an objection, we will place the Secretary of State's certification of members of the House of Representatives for the Ninety-eighth Legislative Session on the record without reading.
Hearing no objection, the certification is submitted.
I, MONAE L. JOHNSON, 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 8, 2022, were certified on November 15, 2022, or December 1, 2022. I do hereby certify that these are the members of the South Dakota House of Representatives for the 2023 Legislative Session.
District No. 1: Brown, Day, Marshall, and Roberts Counties
Joe Donnell, Sisseton
Tamara St. John, Sisseton
District No. 2: Minnehaha County
David Kull, Brandon
John Sjaarda, Valley Springs
District No. 3: Brown County
Carl E. Perry, Aberdeen
Brandei Schaefbauer, Aberdeen
District No. 4: Clark, Codington, Deuel, Grant, Hamlin, and Roberts Counties
Fred Deutsch, Florence
Stephanie Sauder, Bryant
District No. 5: Codington County
Hugh M. Bartels, Watertown
Byron Callies, Watertown
District No. 6: Lincoln County
Aaron Aylward, Harrisburg
Ernie Otten, Tea
District No. 7: Brookings County
Roger DeGroot, Brookings
Mellissa Heermann, Brookings
District No. 8: Brookings, Kingsbury, Lake, and Miner Counties
John Mills, Brookings
Tim Reisch, Howard
District No. 9: Minnehaha County
Bethany Soye, Sioux Falls
Kenneth Teunissen, Sioux Falls
District No. 10: Minnehaha County
Erin Healy, Sioux Falls
Kameron Nelson, Sioux Falls
District No. 11: Minnehaha County
Chris Karr, Sioux Falls
Brian Mulder, Sioux Falls
District No. 12: Lincoln and Minnehaha Counties
Amber Arlint, Sioux Falls
Greg Jamison, Sioux Falls
District No. 13: Lincoln and Minnehaha Counties
Sue Peterson, Sioux Falls
Tony Venhuizen, Sioux Falls
District No. 14: Minnehaha County
Taylor Rehfeldt, Sioux Falls
Tyler Tordsen Sioux Falls
District No. 15: Minnehaha County
Linda K. Duba, Sioux Falls
Kadyn Wittman, Sioux Falls
District No. 16: Lincoln, Turner, and Union Counties
Kevin D. Jensen, Canton
Karla J. Lems, Canton
District No. 17: Clay and Union Counties
Chris Kassin, Vermillion
William Shorma, Dakota Dunes
District No. 18: Clay and Yankton Counties
Julie Auch, Yankton
Mike Stevens, Yankton
District No. 19: Bon Homme, Hanson, Hutchinson, McCook, and Turner Counties
Jessica Bahmuller, Alexandria
Drew Peterson, Salem
District No. 20: Davison, Jerauld, Miner, and Sanborn Counties
Lance Koth, Mitchell
Ben Krohmer, Mitchell
District No. 21: Aurora, Charles Mix, Douglas, Gregory, and Tripp Counties
Rocky Blare, Ideal
Marty Overweg, New Holland
District No. 22: Beadle, Clark, and Spink Counties
Roger Chase, Huron
Lynn Schneider, Huron
District No. 23: Brown, Campbell, Edmunds, Faulk, Hand, McPherson, Potter, and Walworth Counties
Scott Moore, Ipswich
James D. Wangsness, Miller
District No. 24: Haakon, Hughes, Hyde, Stanley, and Sully Counties
Will Mortenson, Pierre
Mike Weisgram, Ft. Pierre
District No. 25: Minnehaha and Moody Counties
Randy Gross, Elkton
Jon Hansen, Dell Rapids
District No. 26A: Jones, Mellette, and Todd Counties
Eric E. Emery, Rosebud
District No. 26B: Brule, Buffalo, Hughes, Hyde, Jones, and Lyman Counties
Rebecca Reimer, Chamberlain
District No. 27: Bennett, Jackson, Oglala Lakota, and Pennington Counties
Liz May, Kyle
Peri Pourier, Rapid City
District No. 28A: Corson, Dewey, Perkins, and Ziebach Counties
Oren L. Lesmeister, Parade
District No. 28B: Butte, Harding, and Perkins Counties
Neal Pinnow, Lemmon
District No. 29: Meade County
Gary L. Cammack, Union Center
Kirk Chaffee, Whitewood
District No. 30: Custer, Fall River, and Pennington Counties
Dennis Krull, Hill City
Trish Ladner, Hot Springs
District No. 31: Lawrence County
Mary J. Fitzgerald, Spearfish
Scott Odenbach, Spearfish
District No. 32: Pennington County
Steve Duffy, Rapid City
Becky J. Drury, Rapid City
District No. 33: Meade and Pennington Counties
Phil Jensen, Rapid City
Curt Massie, Rapid City
District No. 34: Pennington County
Mike Derby, Rapid City
Jess Olson, 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 10th day of January 2023.
Monae L. Johnson
Secretary of State
I, MONAE L. JOHNSON, Secretary of State of the state of South Dakota, do hereby certify that on the seventh day of January, A.D., two thousand twenty three, at the hour of twelve o'clock meridian, the Honorable Steven R. Jensen, Chief Justice of the Supreme Court of the state of South Dakota, in the rotunda of the Capitol Building, at the seat of state government in Pierre and in the presence of the legislators there assembled, administered the oath of office to the following state constitutional and public utilities commissioner officers-elect which was subscribed to and placed on file in the office of the Secretary of State of the state of South Dakota:
Governor – Kristi Noem
Lieutenant Governor – Larry Rhoden
Secretary of State – Monae L. Johnson
Attorney General – Marty J. Jackley
State Auditor – Richard L. Sattgast
State Treasurer – Josh Haeder
Commissioner of School and Public Lands – Brock Greenfield
Public Utilities Commissioner – Chris Nelson
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota this 7th day of January 2023.
Monae L. Johnson
Secretary of State
I, Monae L. Johnson, Secretary of the state of South Dakota, do hereby certify that the following members of the House of Representatives of the State of South Dakota for the term 2023-2024 were administered the oath of office at 11:00 a.m. on the seventh day of January, 2023, in the House Chamber, at the seat of government in Pierre by the Honorable Steven R. Jensen, Chief Justice of the Supreme Court of the state of South Dakota and subscribed to the same and that such oath is now on file in the office of the Secretary of State of South Dakota:
Amber Arlint Julie K. Auch
Hugh M. Bartels Byron I. Callies
Gary Cammack Kirk Chaffee
Roger Chase Roger DeGroot
Mike Derby Becky J. Drury
Steve Duffy Mary J. Fitzgerald
Erin Healy Mellissa Heermann
Chris Kassin Dennis Krull
David Kull Trish Ladner
Karla J. Lems Curt Massie
Scott Moore Tina L. Mulally
Brian Mulder Kameron Nelson
Jess Olson Marty Overweg
Carl E. Perry Drew Peterson
Sue Peterson Tim Reisch
Stephanie Sauder Brandei Schaefbauer
Lynn Schneider William Shorma
John Sjaarda Tamara St. John
Mike Stevens Kenneth Teunissen
Tyler Tordsen James D. Wangsness
Mike Weisgram Kadyn Wittman
IN TESTIMONY WHEREOF, I have set my hand and affixed the Great Seal of the State of South Dakota this 10th day of January 2023.
Monae L. Johnson
Secretary of State
I, Monae L. Johnson, Secretary of State of the state of South Dakota, do hereby certify that the following representatives were not present January 7, 2023, for the swearing-in ceremonies or have yet to take the oath of office:
Aaron Aylward Jessica Bahmuller
Rocky Blare Fred Deutsch
Joe Donnell Linda Duba
Eric E. Emery Randy Gross
Jon Hansen Greg Jamison
Kevin D. Jensen Phil Jensen
Chris Karr Lance R. Koth
Ben Krohmer Oren L. Lesmeister
Liz May John Mills
Will Mortenson Scott Odenbach
Ernie Otten Neal Pinnow
Peri Pourier Tony Randolph
Taylor Rehfeldt Rebecca Reimer
Bethany Soye Tony Venhuizen
IN TESTIMONY WHEREOF, I have set my hand and affixed the Great Seal of the State of South Dakota this 10th day of January 2023.
Monae L. Johnson
Secretary of State
The oath of office was administered by the Honorable Steven R. Jensen, Chief Justice of the Supreme Court of the state of South Dakota to the following Representatives:
Aaron Aylward Jessica Bahmuller
Rocky Blare Fred Deutsch
Joe Donnell Linda Duba
Eric E. Emery Randy Gross
Jon Hansen Greg Jamison
Kevin D. Jensen Phil Jensen
Chris Karr Lance R. Koth
Ben Krohmer Oren L. Lesmeister
Liz May John Mills
Will Mortenson Scott Odenbach
Ernie Otten Neal Pinnow
Peri Pourier Tony Randolph
Taylor Rehfeldt Rebecca Reimer
Bethany Soye Tony Venhuizen
Which was subscribed to and placed on file in the office of the Secretary of State.
When the roll was called, all members were present except Rep. Olson who was excused.
Rep. Mortenson moved that the House proceed with the election of officers of the House of Representatives and that Rep. Bartels be elected Speaker of the House of Representatives for the 2023-2024 legislative term.
The presiding officer asked if there were any further nominations.
There being no further nominations, the presiding officer stated that those in favor of Rep. Bartels shall vote AYE and those opposed shall vote NAY.
And the roll being called:
Yeas 53, Nays 14, Excused 3, Absent 0
Yeas: Arlint, Auch, Bahmuller, Blare, Callies, Cammack, Chaffee, Chase, DeGroot, Derby, Deutsch, Donnell, Drury, Duba, Duffy, Emery, Fitzgerald, Healy, Heermann, Jamison, Kevin Jensen, Kassin, Koth, Krohmer, Krull, Kull, Ladner, Lesmeister, Massie, Moore, Mortenson, Mulder, Nelson, Odenbach, Ernie Otten, Perry, Drew Peterson, Pinnow, Rehfeldt, Reisch, Sauder, Schaefbauer, Schneider, Shorma, St. John, Stevens, Teunissen, Tordsen, Venhuizen, Wangsness, Weisgram, Wittman, and Speaker Bartels
Nays: Aylward, Gross, Hansen, Phil Jensen, Karr, Lems, May, Mills, Mulally, Overweg, Sue Peterson, Randolph, Sjaarda, and Soye
Excused: Olson, Pourier, and Reimer
Rep. Bartels having received an affirmative vote of a majority of the members-elect, was declared to be the duly elected Speaker of the House of Representatives for the 2023-2024 legislative term.
Reps. Mortenson, Lesmeister, Stevens, Rehfeldt, and Healy escorted Rep. Bartels to the rostrum.
The oath of office was administered to Rep. Bartels, Speaker of the House of Representatives, by the Honorable Steven R. Jensen, Chief 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.
Ms. Monae Johnson, Secretary of State, turned the gavel over to Speaker Bartels.
Speaker Bartels now presiding.
The Speaker announced that nominations for Speaker Pro Tempore of the House of Representatives were now in order.
Rep. Mortenson moved that Rep. Stevens be elected Speaker Pro Tempore of the House of Representatives for the 2023-2024 legislative term.
And the roll being called:
Yeas 68, Nays 0, Excused 2, Absent 0
Yeas: Arlint, Auch, Aylward, Bahmuller, Blare, Callies, Cammack, Chaffee, Chase, DeGroot, Derby, Deutsch, Donnell, Drury, Duba, Duffy, Emery, Fitzgerald, Gross, Hansen, Healy, Heermann, Jamison, Kevin Jensen, Phil Jensen, Karr, Kassin, Koth, Krohmer, Krull, Kull, Ladner, Lems, Lesmeister, Massie, May, Mills, Moore, Mortenson, Mulally, Mulder, Nelson, Odenbach, Ernie Otten, Overweg, Perry, Drew Peterson, Sue Peterson, Pinnow, Pourier, Randolph, Rehfeldt, Reisch, Sauder, Schaefbauer, Schneider, Shorma, Sjaarda, Soye, St. John, Stevens, Teunissen, Tordsen, Venhuizen, Wangsness, Weisgram, Wittman, and Speaker Bartels
Rep. Stevens having received an affirmative vote of a majority of the members-elect, was declared to be the duly elected Speaker Pro Tempore of the House of Representatives for the
2023-2024 legislative term.
Reps. Mortenson, Lesmeister, Rehfeldt, and Healy escorted Rep. Stevens to the rostrum.
The oath of office was administered to Rep. Stevens, Speaker Pro Tempore of the House of Representatives, by the Honorable Steven R. Jensen, Chief 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.
The Speaker announced that nominations for Chief Clerk of the House of Representatives were now in order.
Rep. Mortenson nominated Ms. Patricia Miller as Chief Clerk of the House of Representatives for the Ninety-eighth Legislative Session.
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas: Arlint, Auch, Aylward, Bahmuller, Blare, Callies, Cammack, Chaffee, Chase, DeGroot, Derby, Deutsch, Donnell, Drury, Duba, Duffy, Emery, Fitzgerald, Gross, Hansen, Healy, Heermann, Jamison, Kevin Jensen, Phil Jensen, Karr, Kassin, Koth, Krohmer, Krull, Kull, Ladner, Lems, Lesmeister, Massie, May, Mills, Moore, Mortenson, Mulally, Mulder, Nelson, Odenbach, Ernie Otten, Overweg, Perry, Drew Peterson, Sue Peterson, Pinnow, Pourier, Randolph, Rehfeldt, Reimer, Reisch, Sauder, Schaefbauer, Schneider, Shorma, Sjaarda, Soye, St. John, Stevens, Teunissen, Tordsen, Venhuizen, Wangsness, Weisgram, Wittman, and Speaker Bartels
Excused: Olson
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 Steven R. Jensen, Chief 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.
Unless there is an objection, we will waive the reading of the appointments of the employees of the House of Representatives for the Ninety-eighth Legislative Session.
Speaker Bartels announced the appointment of the following employees of the House of Representatives for the Ninety-eighth 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 Majority Party – Tamara Kintz
Appropriations Secretary – Leonard Chick
Committee Secretaries – Julianne Graham, Pam Kean, Mary Stewart, Janelle Toman
Pages (1st Term) – Keegan Baker, Rebecca Feldhaus, Tesfanesh Feldkamp, Samantha Hegge, Cheyenne Hunnewell, Kaylee Morehead, Harlee Nielson, Katelyn Spracklin
Pages (2nd Term) – Ashley Bondesen, Ainsley Brink, Savanah Hendricks, Gavin Jacobson, Skye Kotalik, Drew Reetz, Taylor Reisch, Jada Sandvall, Karlie Ten Eyck, William Thuringer, Alexander Vonderau
Pages (3rd Term) – Alaceyia Adams, Quinn Alt, Robert Arnold, Margaret Beaner, Alexandria Cutler, Harlee Heim, Isabelle Mairose, Jesse Newton, Cohan Pietz, Grace Sargent, Skylar Vig, Isaac Weinheimer, Paige Westergren, Brone Zajicek
Pages (4th Term) – Taya Chelmo, Aida Desaulniers, Kathryn Doom, Emma Forster, Nicolette Hoffman, Angelina Lockett, Benjamin Lust, Karina Novotny, Sara Peterson, Keeleigh Reis-Elwood, Jacob Smiley, Malachi Swift
Pages (5th Term) – Katelyn Engelhart, Abiah George, Madelyn Hinkelman, Maxwell Kelsey, Addison Keucker, Nicholas Maas, Charlie Prien, Reese Schmidt, Breanna Wollman
Legislative Interns – Quinn Bormann, Kieran Duffy, Ally Feiner, Connor Hansen, Hailey Harkin, Marissa Kjorness, Brian Lewis, Jack Maher, Avery Palsma, Griffin Petersen, James Sapp, Abbie Schneider, Cassidy Vanden Hoek
The oath of office was administered by the Honorable Steven R. Jensen, Chief 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
Sergeant at Arms – James Smith
Assistant Sergeant at Arms – Rollie Borth
Secretary to the Majority Party – Tamara Kintz
Appropriations Secretary – Leonard Chick
Committee Secretaries – Julianne Graham, Pam Kean, Mary Stewart, Janelle Toman
Pages – Keegan Baker, Rebecca Feldhaus, Tesfanesh Feldkamp, Samantha Hegge, Cheyenne Hunnewell, Kaylee Morehead, Harlee Nielson, Katelyn Spracklin
Legislative Interns – Quinn Bormann, Kieran Duffy, Ally Feiner, Connor Hansen, Hailey Harkin, Marissa Kjorness, Brian Lewis, Jack Maher, Avery Palsma, Griffin Petersen, James Sapp, Abbie Schneider, Cassidy Vanden Hoek
Which were subscribed to and placed on file in the office of the Secretary of State.
There being no objection, the House reverted to Order of Business No. 4 – Communications and Petitions.
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 10, 2023.
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 11, 2023.
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 12, 2023.
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.
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)
**Chase, *Overweg, Auch, Gross, Ladner, Lems, Peterson (Drew), Sauder, Schneider, Sjaarda, St. John, Wangsness, Wittman
APPROPRIATIONS (9)
**Derby, *Venhuizen, Karr, Kassin, Koth, Krull, Mills, Otten, Duba
COMMERCE & ENERGY (13)
**Weisgram, *Perry, Arlint, Bahmuller, Callies, Donnell, Duffy, Krohmer, Mulally, Pinnow, Schneider, Shorma, Nelson
EDUCATION (15)
**Stevens, *Deutsch, Arlint, Callies, DeGroot, Heermann, Jensen (Phil), Moore, Mulder, Odenbach, Reisch, Sauder, Soye, Tordsen, Emery
GOVERNMENT OPERATIONS & AUDIT (5)
**Otten (Ernie), *Bartels, Peterson (Drew), Reisch, Duba
**Jensen (Kevin), *Rehfeldt, Cammack, Deutsch, Donnell, Heermann, Kull, Moore, Mulder, Schaefbauer, Weisgram, Healy, Nelson
JUDICIARY (13)
**Hansen, *Stevens, Fitzgerald, Kull, Massie, Odenbach, Reimer, Reisch, Soye, St. John, Teunissen, Tordsen, Pourier
LEGISLATIVE PROCEDURE (7)
**Bartels, *Stevens, Cammack, Mortenson, Rehfeldt, Venhuizen, Healy
LOCAL GOVERNMENT (13)
**Drury, *Fitzgerald, Auch, Aylward, Bahmuller, Jamison, Ladner, Lems, Olson, Overweg, Peterson (Sue), Sjaarda, Wittman
MILITARY AND VETERANS AFFAIRS (13)
**Reisch, *Teunissen, Auch, Aylward, Callies, Deutsch, Drury, Gross, Moore, Sauder, Shorma, Wangsness, Pourier
RETIREMENT LAWS (5)
**Bartels, *Weisgram, Perry, Pinnow, Duba
STATE AFFAIRS (13)
**Mortenson, *Rehfeldt, Bartels, Blare, Cammack, Chaffee, Chase, Drury, Hansen, Reimer, Wangsness, Healy, Lesmeister
TAXATION (13)
**Chaffee, *Olson, Aylward, DeGroot, Jamison, Jensen (Phil), Massie, May, Perry, Peterson (Sue), Pinnow, Randolph, Pourier
TRANSPORTATION (13)
**Blare, *Gross, Duffy, Jensen (Kevin), Krohmer, May, Mulally, Peterson (Drew), Randolph, Schaefbauer, Shorma, Teunissen, Emery
Rep. Mortenson moved that the permanent joint rules of the Ninety-seventh Legislative Session with the recommended changes to those joint rules for the Ninety-eighth Legislative Session as adopted in March, 2022, be adopted as the temporary joint rules for the Ninety-eighth Legislative Session.
The question being on Rep. Mortenson's motion that the permanent joint rules of the Ninety-seventh Legislative Session with the recommended changes to those joint rules for the Ninety-eighth Legislative Session as adopted in March, 2022, be adopted as the temporary joint rules for the Ninety-eighth Legislative Session.
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas: Arlint, Auch, Aylward, Bahmuller, Blare, Callies, Cammack, Chaffee, Chase, DeGroot, Derby, Deutsch, Donnell, Drury, Duba, Duffy, Emery, Fitzgerald, Gross, Hansen, Healy, Heermann, Jamison, Kevin Jensen, Phil Jensen, Karr, Kassin, Koth, Krohmer, Krull, Kull, Ladner, Lems, Lesmeister, Massie, May, Mills, Moore, Mortenson, Mulally, Mulder, Nelson, Odenbach, Ernie Otten, Overweg, Perry, Drew Peterson, Sue Peterson, Pinnow, Pourier, Randolph, Rehfeldt, Reimer, Reisch, Sauder, Schaefbauer, Schneider, Shorma, Sjaarda, Soye, St. John, Stevens, Teunissen, Tordsen, Venhuizen, Wangsness, Weisgram, Wittman, and Speaker Bartels
Excused: Olson
So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion prevailed.
Rep. Mortenson moved that the permanent rules of the House of Representatives for the Ninety-seventh Legislative Session be adopted as the temporary House rules for the Ninety-eighth Legislative Session.
The question being on Rep. Mortenson's motion that the permanent rules of the House of Representatives for the Ninety-seventh Legislative Session be adopted as the temporary House rules for the Ninety-eighth Legislative Session.
And the roll being called:
Yeas 69, Nays 0, Excused 1, Absent 0
Yeas: Arlint, Auch, Aylward, Bahmuller, Blare, Callies, Cammack, Chaffee, Chase, DeGroot, Derby, Deutsch, Donnell, Drury, Duba, Duffy, Emery, Fitzgerald, Gross, Hansen, Healy, Heermann, Jamison, Kevin Jensen, Phil Jensen, Karr, Kassin, Koth, Krohmer, Krull, Kull, Ladner, Lems, Lesmeister, Massie, May, Mills, Moore, Mortenson, Mulally, Mulder, Nelson, Odenbach, Ernie Otten, Overweg, Perry, Drew Peterson, Sue Peterson, Pinnow, Pourier, Randolph, Rehfeldt, Reimer, Reisch, Sauder, Schaefbauer, Schneider, Shorma, Sjaarda, Soye, St. John, Stevens, Teunissen, Tordsen, Venhuizen, Wangsness, Weisgram, Wittman, and Speaker Bartels
Excused: Olson
So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion prevailed.
Rep. Mortenson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Wednesday, January 11, 2023, the 2nd legislative day.
Which motion prevailed.
Rep. Mortenson moved that a committee of five on the part of the House be appointed to meet with a committee of five 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 (Chair), Hansen, Schneider, Schaefbauer, and Lesmeister.
FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS
HB 1001: FOR AN ACT ENTITLED, An Act to allow the Government Operations and Audit Committee to issue subpoenas without Executive Board approval.
Introduced by: Representatives Ernie Otten, Duba, Gross, and Karr and Senators Hunhoff, Schoenfish, and Wheeler at the request of the Government Operations & Audit
HB 1002: FOR AN ACT ENTITLED, An Act to update the official code of laws.
Introduced by: The Committee on Judiciary at the request of the Code Commission
HB 1003: FOR AN ACT ENTITLED, An Act to repeal provisions requiring prison or jail cost estimates and to declare an emergency.
Introduced by: Representative Bartels and Senator Schoenbeck at the request of the Executive Board
HB 1004: FOR AN ACT ENTITLED, An Act to update a reference to the Internal Revenue Code for purposes of higher education savings plans.
Introduced by: The Committee on State Affairs at the request of the State Investment Council
HB 1005: FOR AN ACT ENTITLED, An Act to update certain citations to federal regulations regarding pipeline safety inspections.
Introduced by: The Committee on Commerce and Energy at the request of the South Dakota Public Utilities Commission
HB 1006: FOR AN ACT ENTITLED, An Act to increase the funding for construction of an addition to the Kinsman Building in Pierre, to make an appropriation therefor, and to declare an emergency.
Introduced by: The House Committee on Appropriations at the request of the Bureau of Administration
HB 1007: FOR AN ACT ENTITLED, An Act to to add emergency medical services personnel to Class B public safety membership of the South Dakota Retirement System.
Introduced by: The Committee on Retirement Laws at the request of the South Dakota Retirement System
HB 1008: FOR AN ACT ENTITLED, An Act to to revise provisions relating to actuarial terminology used by the South Dakota Retirement System.
Introduced by: The Committee on Retirement Laws at the request of the South Dakota Retirement System
HB 1009: FOR AN ACT ENTITLED, An Act to update and clarify certain provisions relating to the South Dakota Retirement System.
Introduced by: The Committee on Retirement Laws at the request of the South Dakota Retirement System
HB 1010: FOR AN ACT ENTITLED, An Act to repeal the sunset date for provisions related to the licensure of behavior analysts.
Introduced by: The Committee on Health and Human Services at the request of the Board of Social Work Examiners
HB 1011: FOR AN ACT ENTITLED, An Act to revise employer contribution rates.
Introduced by: The Committee on Commerce and Energy at the request of the Department of Labor and Regulation
HB 1012: FOR AN ACT ENTITLED, An Act to repeal the annual grievance reporting requirements for health carriers.
Introduced by: The Committee on Commerce and Energy at the request of the Department of Labor and Regulation
HB 1013: 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 1014: FOR AN ACT ENTITLED, An Act to update provisions related to the licensure of speech-language pathologists and speech-language pathology assistants.
Introduced by: The Committee on Health and Human Services at the request of the Board of Examiners for Speech-Language Pathology
HB 1015: FOR AN ACT ENTITLED, An Act to update provisions related to the licensure of funeral directors and the provision of funeral services.
Introduced by: The Committee on Health and Human Services at the request of the Department of Health
HB 1016: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Department of Corrections to construct a prison facility for offenders committed to the Department of Corrections in Rapid City, to make an appropriation therefor, and to declare an emergency.
Introduced by: The Joint Committee on Appropriations at the request of the Department of Corrections
HB 1017: FOR AN ACT ENTITLED, An Act to authorize the Department of Corrections to purchase certain real property, to contract for the design of a prison facility for offenders committed to the Department of Corrections, to make an appropriation therefor, to transfer funds to the incarceration construction fund, and to declare an emergency.
Introduced by: The Joint Committee on Appropriations at the request of the Department of Corrections
HB 1018: FOR AN ACT ENTITLED, An Act to repeal the authorized forfeiture of property used in the illegal capture of fish.
Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Game, Fish and Parks
HB 1019: FOR AN ACT ENTITLED, An Act to repeal certain requirements for Game, Fish and Parks licensing agents.
Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Game, Fish and Parks
HB 1020: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate in Rapid City to Pennington County and to provide for the deposit of the proceeds.
Introduced by: The Joint Committee on Appropriations at the request of the Department of Corrections
HB 1021: FOR AN ACT ENTITLED, An Act to make an appropriation to the State Conservation Commission and to declare an emergency.
Introduced by: The House Committee on Appropriations at the request of the Department of Agriculture and Natural Resources
HB 1022: FOR AN ACT ENTITLED, An Act to make an appropriation for increased costs related to the construction of the new state public health laboratory, and to declare an emergency.
Introduced by: The House Committee on Appropriations at the request of the Department of Health
HB 1023: FOR AN ACT ENTITLED, An Act to make an appropriation for the construction of a maintenance shop for the Wildland Fire Suppression Division in Rapid City and to declare an emergency.
Introduced by: The House Committee on Appropriations at the request of the Department of Public Safety
HB 1024: FOR AN ACT ENTITLED, An Act to make an appropriation for the construction of a maintenance shop for the Wildland Fire Suppression Division in Hot Springs and to declare an emergency.
Introduced by: The House Committee on Appropriations at the request of the Department of Public Safety
HB 1025: FOR AN ACT ENTITLED, An Act to revise the fees for registration of an apiary.
Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture and Natural Resources
HB 1026: 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 House Committee on Appropriations at the request of the Department of Public Safety
HB 1027: 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 House Committee on Appropriations at the request of the Department of Public Safety
HB 1028: FOR AN ACT ENTITLED, An Act to modify expiration dates and enforcement actions pertaining to pesticide applicator licenses.
Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture and Natural Resources
HB 1029: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the county zoning and appeals process.
Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture and Natural Resources
HB 1030: FOR AN ACT ENTITLED, An Act to make an appropriation for the revised construction costs of the bioproducts facility in Brookings, and to declare an emergency.
Introduced by: The House Committee on Appropriations at the request of the Board of Regents
HB 1031: FOR AN ACT ENTITLED, An Act to make an appropriation for the revised construction costs of the dairy research and extension farm at South Dakota State University, and to declare an emergency.
Introduced by: The House Committee on Appropriations at the request of the Board of Regents
HB 1032: FOR AN ACT ENTITLED, An Act to make an appropriation for the demolition and reconstruction of agricultural-use structures at South Dakota State University, and to declare an emergency.
Introduced by: The House Committee on Appropriations at the request of the Board of Regents
HB 1033: FOR AN ACT ENTITLED, An Act to provide for the uniform administration of tobacco products taxes.
Introduced by: The Committee on Commerce and Energy at the request of the Department of Revenue
HB 1034: FOR AN ACT ENTITLED, An Act to modify tax refunds for elderly persons and persons with a disability, to make an appropriation therefor, and to declare an emergency.
Introduced by: The House Committee on Appropriations at the request of the Department of Revenue
HB 1035: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Revenue for the modernization of the motor vehicle administration system, and to declare an emergency.
Introduced by: The House Committee on Appropriations at the request of the Department of Revenue
HB 1036: FOR AN ACT ENTITLED, An Act to increase civil penalties for commercial driver's license holders and motor carriers.
Introduced by: The Committee on Transportation at the request of the Department of Public Safety
HB 1037: FOR AN ACT ENTITLED, An Act to amend the eligibility for admission to the state veterans’ home and repeal the residency requirement.
Introduced by: The Committee on Military and Veterans Affairs at the request of the Department of Veterans Affairs
HB 1038: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the Department of Veterans Affairs and residency in the State Veterans Home.
Introduced by: The Committee on Military and Veterans Affairs at the request of the Department of Veterans Affairs
HB 1039: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the payment of tuition for members of the South Dakota National Guard.
Introduced by: The Committee on Military and Veterans Affairs at the request of the Department of the Military
HB 1040: FOR AN ACT ENTITLED, An Act to reduce the time in which certain civil actions may be commenced.
Introduced by: Representative Blare
HB 1041: FOR AN ACT ENTITLED, An Act to provide an exception to the definition of drug paraphernalia.
Introduced by: Representative Rehfeldt
HB 1042: FOR AN ACT ENTITLED, An Act to update additional charges allowed for mailing decals and plates and to declare an emergency.
Introduced by: Representative Ernie Otten
HB 1043: FOR AN ACT ENTITLED, An Act to make an exemption from certain property taxation for owner-occupied single-family dwellings.
Introduced by: Representatives Ladner, Cammack, Derby, Koth, and Lesmeister and Senators Jack Kolbeck, Castleberry, Crabtree, and Zikmund at the request of the Study Committee on Property Tax Structure and Tax Burden
HB 1044: FOR AN ACT ENTITLED, An Act to make an appropriation to fund scholarships for individuals entering into the behavioral health field.
Introduced by: Representatives Rehfeldt, Deutsch, Healy, Ernie Otten, and Stevens and Senators Tobin, Reed, Schoenfish, and Wheeler at the request of the Study Committee on Juvenile Justice
HB 1045: FOR AN ACT ENTITLED, An Act to increase the basic salary schedule for county veterans' service officers.
Introduced by: The Committee on Military and Veterans Affairs at the request of the Department of Veterans Affairs
HB 1046: FOR AN ACT ENTITLED, An Act to provide free tuition at Board of Technical Education institutions for children or spouses of members of the South Dakota National Guard disabled or deceased in the line of duty.
Introduced by: The Committee on Military and Veterans Affairs at the request of the Department of Veterans Affairs
HB 1047: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding military affairs.
Introduced by: The Committee on Military and Veterans Affairs at the request of the Department of the Military
HB 1048: FOR AN ACT ENTITLED, An Act to repeal and make technical changes to provisions regarding the Board of Military Affairs.
Introduced by: Representative Bahmuller
HB 1049: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2023.
Introduced by: The House Committee on Appropriations at the request of the Bureau of Finance and Management
HCR 6001: A CONCURRENT RESOLUTION, To study a potential optional educational path.
Introduced by: Representatives Deutsch, Healy, Ernie Otten, Rehfeldt, and Stevens and Senators Reed, Schoenfish, Tobin, and Wheeler at the request of the Study Committee on Juvenile Justice
HCR 6002: A CONCURRENT RESOLUTION, To encourage the Executive Board of the Legislature to continue researching childhood mental health and mental health services available to children in this state.
Introduced by: Representatives Rehfeldt, Deutsch, Healy, Ernie Otten, and Stevens and Senators Reed, Schoenfish, Tobin, and Wheeler at the request of the Study Committee on Juvenile Justice
Were read the first time.
Rep. Drury moved that the House do now adjourn, which motion prevailed and at 12:51 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:
Psalm 121
I lift up my eyes to the mountains—
where does my help come from?
My help comes from the Lord,
the Maker of heaven and earth.
He will not let your foot slip—
he who watches over you will not slumber;
indeed, he who watches over Israel
will neither slumber nor sleep.
The Lord watches over you—
the Lord is your shade at your right hand;
the sun will not harm you by day,
nor the moon by night.
The Lord will keep you from all harm—
he will watch over your life;
the Lord will watch over your coming and going
both now and forevermore.
Almighty God, creator over all the earth, be with us now. Who are we that you would create us, mold and shape us, love and redeem us? Each of us were created by you, brought into this world as little children. Many of us grew up on play grounds—built tree-forts—played hop-scotch with friends. We entered classrooms from small school houses in rural communities to large brick-and-mortar complexes in larger cities. We dreamed of what we might grow up to become one day—nurses, doctors, firemen, astronauts, farmers, teachers, football players. But here we are today, standing in this building with statues and frescos that stare at us as we realize that we are tasked with creating, upholding, administrating, and protecting the laws that we have put in place to help us live, survive, and thrive within the times we live. Each of us comes from a different walk in life—but You, O Lord, have brought us together today. You have brought us away from the tree-forts and playgrounds we grew up on, and you have shaped us into being representatives of our peers. You have crafted us into Representatives, Senators, Judges, soldiers, officers, administrators, cabinet members—and even the Governor!
Who knew, as children, how you would bring the changes in our lives to lead us into the vocations we have been elected into this day. Help us, as we embark upon our tasks, to be role models for everyone else. Remind us of these words in our Psalm—remind us that You are our help—remind us that You are our creator—our protector—our guide—our compass—our voice—You have crafted our entire being. Help us to believe in Your infinite wisdom, and bestow upon us Your compassion, love, and mercy, so that we too, can share Your virtue upon others in the work that we have been called to do. Give us Your peace that surpasses all understanding. We pray this in the name of Your Son, Jesus Christ, our Savior and Lord. Amen!
The Secretary of the Senate, Kay Johnson, called the roll of the Senate and the following members were present:
Beal; Bolin; Bordeaux; Breitling; Castleberry; Crabtree; Davis; Deibert; Diedrich; Duhamel; Foster; Frye-Mueller; Hoffman; Hunhoff; Johnson; Klumb; Kolbeck (Jack); Kolbeck (Steve); Larson; Maher; Mehlhaff; Nesiba; Novstrup; Otten (Herman); Pischke; Reed; Rohl; Schoenbeck; Schoenfish; Stalzer; Tobin; Wheeler; Wiik; Wink; Zikmund
The Chief Clerk of the House of Representatives, Patricia Miller, called the roll of the House and the following members were present:
Arlint; Auch; Aylward; Bahmuller; Blare; Callies; Cammack; Chaffee; Chase; DeGroot; Derby; Deutsch; Donnell; Drury; Duba; Duffy; Emery; Fitzgerald; Gross; Hansen; Healy; Heermann; Jamison; Jensen (Kevin); Jensen (Phil); Karr; Kassin; Koth; Krohmer; Krull; Kull; Ladner; Lems; Lesmeister; Massie; May; Mills; Moore; Mortenson; Mulally; Mulder; Nelson; Odenbach;
Otten (Ernie); Overweg; Perry; Peterson (Drew); Peterson (Sue); Pinnow; Pourier; Randolph; Rehfeldt; Reimer; Reisch; Sauder; Schaefbauer; Schneider; Shorma; Sjaarda; Soye; St. John; Stevens; Teunissen; Tordsen; Venhuizen; Wangsness; Weisgram; Wittman; Speaker Bartels.
Sen. Crabtree moved that a committee of three on the part of the Senate and a committee of five 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, Crabtree, and Nesiba on the part of the Senate and Reps. Stevens, Mortenson, Rehfeldt, Lesmeister and Healy 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. Crabtree 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 $.120 per page.