JOURNAL OF THE HOUSE
FIRST DAY
STATE OF SOUTH DAKOTA
House of Representatives, Pierre
BE IT REMEMBERED, That on the ninth day of January, A.D., two thousand twenty four, 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-ninth 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 Hugh Bartels.
The following prayer was offered by Reverend Sam Handschke, Pierre/Fort Pierre Ministerial Association, Pierre, South Dakota:
Lord God, we thank you for the privilege to govern ourselves. You have blessed our state and its people since our founding. We look to you as the source of life and all good things. Under your direction, your guidance, and your wisdom, we, the people, rule. Bless these representatives during this legislative session. May their minds and hearts be focused on serving the people of this great state. You have given them an awesome privilege and responsibility to serve and act on behalf of your people. Empower them to uphold their office with humility and compassion. Let their words, spoken in these chambers, in the conference rooms, in the hallways, show forth the wonderful trust they have been given by your people. Let their ears be attentive and open to your guidance. May each day, each hour, be dedicated to serving and strengthening the people of this great state. Under you, we, the people, rule. In the name of Jesus I pray, Amen.
The Pledge of Allegiance was led by House page Harlee Nielson.
Unless there is an objection, the Secretary of State's certification of members of the House for the Ninety-ninth Legislative Session will be placed in the record without reading.
Hearing no objections, 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 2024 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
Becky J. Drury, Rapid City
Steve Duffy, 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
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 9th day of January 2024.
Monae L. Johnson
Secretary of State
When the roll was called, all members were present except Reps. Pourier and Shorma who were excused.
Rep. Mortenson moved that the House do now proceed with the organization of the House of Representatives.
Which motion prevailed.
Rep. Hugh Bartels was elected Speaker and Rep. Mike Stevens was elected Speaker Pro Tempore of the House of Representatives for the 2023-2024 Legislative Term on January 10, 2023.
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-ninth Legislative Session.
And the roll being called:
Yeas 66, Nays 1, 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, 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, Randolph, Rehfeldt, Reimer, Reisch, Sauder, Schaefbauer, Schneider, Sjaarda, Soye, St. John, Stevens, Tordsen, Venhuizen, Wangsness, Weisgram, Wittman, and Speaker Bartels
Nays: Teunissen
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 Mark E. Salter, 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, the reading of the appointments of the employees of the House of Representatives for the Ninety-ninth Legislative Session will be waived.
Hearing no objection, the reading was waived.
Speaker Bartels announced the appointment of the following employees of the House of Representatives for the Ninety-ninth 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
Secretary to the Minority Party – Aubrey Hofmeister
Appropriations Secretary – Leonard Chick
Committee Secretaries – Jean Denton, Pam Kean, Mary Kirk, Joleh McCullough, James Sapp, Madisen Vetter
Pages (1st Term) – Madison Johnson, Charlee Jorgensen, Elie Land, Wyatt Lesmeister, Gracie Moore, Harlee Nielson, Taylyn Rausch, Raegan Taylor, Avery VanOverbeke
Pages (2nd Term) – Gunnar Albertsen, Ava Brown, Kate Hamilton, Nicolette Hoffman, Mariela Hyzer, Daniela Lee, Christina Messerli, Katherine Palmer, Claire Pearman, Tristen Petrik, Kendra Saylor, Evelyn Torberson, Raelie Williams
Pages (3rd Term) – Joseph Grady, Onica Graham, Elliot Hendrix, Paul Kaffar, Emma Kilene, Grant Masek, Eden Otten, Jayda Reinert, Taylor Reisch, Charley Stroh, Henry Thronson, Samuel Weinheimer, Brooke Wright
Pages (4th Term) – Jennifer Barnett, Faith Gaye, Melody Gilkerson, Rayden Haak, Reese Hadrick, Rachel Heinemann, Rebecca Heinemann, Savanah Hendricks, Henry Homstad, Amelia Knutson, Lucy Moon, Sabrina Strand, Kevin Weller
Pages (5th Term) – Rebecca Bich, Reagan Blackburn, Bennett Gordon, Ezerina Hyseni, Quinn Moon, Katelyn Ryan, Reese Schmidt, Abigail Studt, Breanna Wollman
Legislative Interns – Brent Ekanger, Finiasi Epapy, Samantha Gavette, Allison Gross, Ellie Hart, McKenzie Hofer, Marissa Kjorness, Savannah Shrake, Charles Streeter, Jonathon Sundet, Karlie Ten Eyck, Ashlyne Utter, Michael Wagenaar
The oath of office was administered by the Honorable Mark E. Salter, 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
Secretary to the Minority Party – Aubrey Hofmeister
Appropriations Secretary – Leonard Chick
Committee Secretaries – Pam Kean, Mary Kirk, James Sapp, Madisen Vetter
Pages – Madison Johnson, Charlee Jorgensen, Elie Land, Wyatt Lesmeister, Gracie Moore, Harlee Nielson, Taylyn Rausch, Raegan Taylor, Avery VanOverbeke
Legislative Interns – Brent Ekanger, Finiasi Epapy, Samantha Gavette, Allison Gross, Ellie Hart, Marissa Kjorness, Savannah Shrake, Charles Streeter, Jonathon Sundet, Karlie Ten Eyck, Ashlyne Utter, Michael Wagenaar
Which were subscribed to and placed on file in the office of the Secretary of State.
Rep. Mortenson moved that the permanent rules of the House of Representatives for the Ninety-eighth Legislative Session be adopted as the temporary House rules for the Ninety-ninth Legislative Session.
The question being on Rep. Mortenson's motion that the permanent rules of the House of Representatives for the Ninety-eighth Legislative Session be adopted as the temporary House rules for the Ninety-ninth Legislative Session.
And the roll being called:
Yeas 67, 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, 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, Randolph, Rehfeldt, Reimer, Reisch, Sauder, Schaefbauer, Schneider, Sjaarda, Soye, St. John, Stevens, Teunissen, Tordsen, Venhuizen, Wangsness, Weisgram, Wittman, and Speaker Bartels
So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried.
Rep. Mortenson moved that the permanent joint rules of the Ninety-eighth Legislative Session with the recommended changes to those joint rules for the Ninety-ninth Legislative Session as adopted in March, 2023, be adopted as the temporary joint rules for the Ninety-ninth Legislative Session.
The question being on Rep. Mortenson's motion that the permanent joint rules of the Ninety-eighth Legislative Session with the recommended changes to those joint rules for the Ninety-ninth Legislative Session as adopted in March, 2023, be adopted as the temporary joint rules for the Ninety-ninth Legislative Session.
And the roll being called:
Yeas 66, Nays 1, 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, Jensen (Kevin), Jensen (Phil), Karr, Kassin, Koth, Krohmer, Krull, Kull, Ladner, Lems, Lesmeister, Massie, May, Mills, Moore, Mortenson, Mulder, Nelson, Odenbach, Otten (Ernie), Overweg, Perry, Peterson (Drew), Peterson (Sue), Pinnow, Randolph, Rehfeldt, Reimer, Reisch, Sauder, Schaefbauer, Schneider, Sjaarda, Soye, St. John, Stevens, Teunissen, Tordsen, Venhuizen, Wangsness, Weisgram, Wittman, and Speaker Bartels
Nays: Mulally
So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried.
Rep. Mortenson moved that a committee of five on the part of the House be appointed to meet with a committee of six 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, Lesmeister, Schaefbauer, and Schneider.
There being no objection, the House reverted to Order of Business No. 4 - Communications and Petitions.
The Speaker announced the following changes in committee assignments: Rep. Duffy to the House Committee on Taxation, Rep. Jamison to Vice Chair of the House Committee on Taxation, and Rep. Callies to the House Committee on Local Government.
Unless there is an objection, the reading of the Speaker's appointments of Standing Committees will be waived and placed in the record.
Hearing no objections, the reading was wavied.
The Speaker announced the appointment of the following standing committees:
** Denotes Chair * Denotes Vice-Chair
Agriculture and Natural Resources (13 Members)
**Chase, *Overweg, Auch, Gross, Ladner, Lems, Peterson (Drew), Sauder, Schneider, Sjaarda, St. John, Wangsness, Wittman
Commerce and Energy (13 Members)
**Weisgram, *Perry, Arlint, Bahmuller, Callies, Donnell, Duffy, Krohmer, Mulally, Nelson, Pinnow, Schneider, Shorma
Committee on Appropriations (9 Members)
**Derby, *Venhuizen, Duba, Karr, Kassin, Koth, Krull, Mills, Otten (Ernie)
**Stevens, *Deutsch, Arlint, Callies, DeGroot, Emery, Heermann, Jensen (Phil), Moore, Mulder, Odenbach, Reisch, Sauder, Soye, Tordsen
Government Operations and Audit (5 Members)
**Otten (Ernie), *Bartels, Duba, Peterson (Drew), Reisch
Health and Human Services (13 Members)
**Jensen (Kevin), *Rehfeldt, Cammack, Deutsch, Donnell, Healy, Heermann, Kull, Moore, Mulder, Nelson, Schaefbauer, Weisgram
**Hansen, *Stevens, Fitzgerald, Kull, Massie, Odenbach, Pourier, Reimer, Reisch, Soye, St. John, Teunissen, Tordsen
Legislative Procedure (7 Members)
**Bartels, *Stevens, Cammack, Healy, Mortenson, Rehfeldt, Venhuizen
**Drury, *Fitzgerald, Auch, Aylward, Bahmuller, Callies, Jamison, Ladner, Lems, Overweg, Peterson (Sue), Sjaarda, Wittman
Military and Veterans Affairs (13 Members)
**Reisch, *Teunissen, Auch, Aylward, Callies, Deutsch, Drury, Gross, Moore, Pourier, Sauder, Shorma, Wangsness
**Bartels, *Weisgram, Nelson, Perry, Pinnow
**Mortenson, *Rehfeldt, Bartels, Blare, Cammack, Chaffee, Chase, Drury, Hansen, Healy, Lesmeister, Reimer, Wangsness
**Chaffee, *Jamison, Aylward, DeGroot, Duffy, Jensen (Phil), Massie, May, Perry, Peterson (Sue), Pinnow, Pourier, Randolph
**Blare, *Gross, Duffy, Emery, Jensen (Kevin), Krohmer, May, Mulally, Peterson (Drew), Randolph, Schaefbauer, Shorma, Teunissen
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 9, 2024.
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.
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 11:00 a.m., January 10, 2024.
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 1:00 p.m., January 10, 2024.
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.
OFFICE OF THE GOVERNOR
EXECUTIVE ORDER 2024-01
Whereas, Article IV, Section 8, of the Constitution of the State of South Dakota provides in relevant part that, “Except as to elected constitutional officers, the Governor may make such changes in the organization of offices, boards, commissions, agencies and instrumentalities, and in allocation of their functions, powers and duties, as [the Governor] considers necessary for efficient administration. If such changes affect existing law, they shall be set forth in executive orders, which shall be submitted to the Legislature within five legislative days after it convenes, and shall become effective, and shall have the force of law, within ninety days after submission, unless disapproved by a resolution concurred in by a majority of all the members of either house”; and,
Whereas, This Executive Order has been submitted to the 99th Legislative Assembly on the 1st legislative day, the 9th day of January, 2024:
IT IS, THEREFORE, BY EXECUTIVE ORDER, directed that the executive branch of state government be reorganized to comply with the following sections of this Order.
Section 1. This Executive Order shall be known and may be cited as the “Executive Reorganization Order 2024-01”.
Section 2. Any agency not enumerated in this Order but established by law within another agency which is transferred to a principal department under this Order, shall also be transferred in its current form to the same principal department and its functions shall be allocated between itself and the principal department as they are now allocated between itself and the agency within which it is established.
Section 3. “Agency” as used in this Order shall mean any board, authority, commission, department, bureau, division, or any other unit or organization of state government.
Section 4. “Function” as used in this Order shall mean any authority, power, responsibility, duty, or activity of an agency, whether or not provided for by law.
Section 5. Unless otherwise provided by this Order, division directors shall be appointed by the head of the agency of which the division is a part and shall be removable at the pleasure of the agency head, provided that the appointment and removal of division directors shall be subject to approval by the Governor.
Section 6. It is the intent of this Order not to repeal or amend any laws relating to functions performed by an agency, unless the intent is specifically expressed in this Order or unless there is an irreconcilable conflict between this Order and those laws.
Section 7. If a part of this Order is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Order is invalid in one or more of its applications, the part remains in effect in all valid applications.
Section 8. Except when inconsistent with the other provisions of this Order, all rules, regulations, and standards of the agencies reorganized by this Order, in effect on the effective date of this Order, shall continue with full force and effect until they are specifically altered, amended, or revoked in the manner provided by law, unless the statutory authority for the rules, regulations, and standards is superseded by this Order.
Section 9. It is hereby declared that the sections, clauses, sentences, and parts of this Order are severable, are not matters of mutual essential inducement, and any of them may be excised by any court of competent jurisdiction if any section, clause, sentence, or part of this Order would otherwise be unconstitutional or ineffective.
Section 10. The rights, privileges, and duties of, including but not limited to, the holders of bonds and other obligations issued, and of the parties to contracts, leases, indentures, loan agreements, and other transactions, entered into before the effective date of this Order by the state or by any agency, officer, or employee thereof, and covenants and agreements as set forth therein, remain in effect, and none of those rights, privileges, duties, covenants, or agreements are impaired or diminished by abolition of an agency in this Order. The agency to which functions of another agency are transferred is substituted for that agency and succeeds to its rights and leases, indentures, privileges, duties, covenants, agreements, and other transactions.
Section 11. No judicial or administrative suit, action, or other proceeding lawfully commenced before the effective date of this Order by or against any agency or any officer of the state, in their official capacity or in relation to the discharge of their official duties, shall abate or be affected by reason of the taking effect of any reorganization under the provisions of this Order. The court may allow the suit, action, or other proceeding to be maintained by or against the successor of any agency or any officer affected by this Order.
Section 12. If any part of this Order is ruled to be in conflict with federal requirements which are a prescribed condition to the receipt of federal aid by the state, an agency, or a political subdivision, that part of this Order has no effect and the Governor may by executive order make necessary changes to this Order to receive federal aid, and the changes will remain in effect until the last legislative day of the next legislative session or until the Legislature completes legislation addressed to the same question, whichever comes first.
Section 13. Pursuant to § 2-16-9, the Code Commission and code counsel of the Legislative Research Council are requested to make the name and title changes necessary to correlate and integrate the organizational changes made by this Executive Reorganization Order into the South Dakota Codified Laws.
Section 14. Any provisions of law in conflict with this Order are superseded.
Section 15. Whenever a function is transferred by this Order, all personnel, records, property, unexpended balances of appropriations, allocations, or other funds utilized in performing the function are also transferred by this Order.
Section 16. The effective date of this Executive Reorganization Order 202X-XX shall be ninety days after its submission to the Legislature.
Bureau of Human Resources and Administration Created.
Section 17. There is hereby created a Bureau of Human Resources and Administration. The head of the Bureau of Human Resources and Administration will be the Commissioner of the Bureau of Human Resources and Administration who shall be appointed by, and serve at the pleasure of, the Governor pursuant to § 1-33-4.
Section 18. Except as otherwise provided in this Order, the functions and programs of the former Bureau of Administration and the former Bureau of Human Resources, along with the functions of the former Commissioner of Administration and the former Commissioner of Human Resources are hereby transferred to the Bureau of Human Resources and Administration and the Commissioner of Human Resources and Administration, respectively.
Bureau of Human Resources Abolished. Functions of former Bureau of Human Resources transferred to Bureau of Human Resources and Administration.
Section 19. The Bureau of Human Resources is hereby abolished. The position of Commissioner of Human Resources is hereby abolished.
Section 20. The Bureau of Human Resources Student Internship created under § 1-33-10.1 and its functions are transferred to the Bureau of Human Resources and Administration.
Bureau of Administration Abolished. Functions of former Bureau of Administration transferred to Bureau of Human Resources and Administration.
Section 21. The Bureau of Administration is hereby abolished. The position of Commissioner of Administration is hereby abolished.
Section 22. The Administrative functions performed by Bureau of Administration for boards and commissions created under § 1-33-8.1 and their functions are transferred to the Bureau of Human Resources and Administration.
Other Reorganization Provisions
Section 23. That § 1-14-2 be REPEALED: No
person may be appointed as the commissioner of administration unless
the person has had progressively responsible experience in
administration.
Section 24. That § 1-14-3 be REPEALED: The
commissioner of administration, under the general direction and
control of the Governor, shall execute the powers and discharge the
duties vested by law in the Bureau of Administration. The
commissioner shall qualify by taking and filing with the secretary of
state the constitutional oath of office.
Section 25. That § 1-14-12 be REPEALED: The
commissioner of administration shall administer the Bureau of
Administration. The bureau shall:
(1) Keep an exact and true inventory
of all property, real and personal, belonging to the State of South
Dakota and promulgate rules pursuant to chapter 1-26
enumerating the types and classes of public personal property to be
included in the inventory required by § 5-24-1;
(2) Administer the procurement of supplies, services, and
public improvements as prescribed in chapters 5-18A, 5-18B, and
5-18D;
(3) Supervise such central
administrative services as transportation, mail, records management,
and document reproduction services, make provisions for the supplying
of office supplies and furniture;
(4) Maintain the buildings and grounds
of the capitol complex and install central facilities to be used by
all state agencies under such rules the Bureau of Administration
promulgates pursuant to chapter 1-26;
(5) Contract for the provision of food
services, candy, and beverages in the capitol complex;
(6) Supervise the administration of
the Office of Hearings Examiners;
(7) Administer the federal surplus
property allotted to the State of South Dakota;
(8) Provide for the lease of such real
property as shall be necessary for the operation of state government;
(9) Administer a program of risk
management for state government;
(10) Contract for such services as are
required by multiple state agencies, if such a contract improves the
efficiency of state government; and
(11) Any other function as may be
required by statute, executive order, or administrative action.
Section 26. That chapter 1-33 be amended with a NEW SECTION:
No person may be appointed as the commissioner of human resources and administration unless the person has had experience in administration.
Section 27. That chapter 1-33 be amended with a NEW SECTION:
The commissioner of human resources and administration, under the general direction and control of the Governor, shall execute the powers and discharge the duties vested by law in the Bureau of Human Resources and Administration. The commissioner shall qualify by taking and filing with the secretary of state the constitutional oath of office.
Section 28. That § 1-33-9 be AMENDED:
The Bureau of Human Resources and Administration shall:
(1) Provide workers' compensation coverage and a group health and flexible benefit plan for all state employees unless such duties are delegated to another agency pursuant to chapter 1-24;
(2) Administer recruitment and classification for all civil service employees unless such duties are delegated to another agency pursuant to chapter 1-24;
(3) Provide human resource management and programs including programs governing human resource planning, training and development, internships, performance evaluation, employee assessment and testing, classification, compensation, recruitment, and other matters relating to human resource management for all of the executive branch of state government under the control of the Governor and by agreement for other state government agencies;
(4) Perform all administrative functions for the Civil Service Commission;
(5) Employ such staff as are necessary to
perform its duties; and
(6) Contract as is necessary to perform its
duties.;
(7) Keep an exact and true inventory of all property, real and personal, belonging to the state and promulgate rules pursuant to chapter 1-26 enumerating the types and classes of public personal property to be included in the inventory required by § 5-24-1;
(8) Administer the procurement of supplies, services, and public improvements as prescribed in chapters 5-18A, 5-18B, and 5-18D;
(9) Supervise such central administrative services as transportation, mail, records management, and document reproduction services, and make provisions for the supplying of office supplies and furniture;
(10) Maintain the buildings and grounds of the capitol complex and install central facilities to be used by all state agencies under rules the bureau promulgates pursuant to chapter 1-26;
(11) Contract for the provision of food services, candy, and beverages in the capitol complex;
(12) Supervise the administration of the Office of Hearings Examiners;
(13) Administer the federal surplus property allotted to the state;
(14) Provide for the lease of real property necessary for the operation of state government;
(15) Administer a program of risk management for state government;
(16) Contract for services required by multiple state agencies, if the contract improves the efficiency of state government; and
(17) Take any other function as may be required by statute, executive order, or administrative action.
Section 29. That chapter 1-33 be amended with a NEW SECTION:
The Bureau of Human Resources and Administration shall perform all administrative functions except special budgetary functions (as defined in § 1-32-1) of the following agencies:
(1) The Records Destruction Board created by chapter 1-27; and
(2) The Capitol Complex Restoration and Beautification Commission continued by chapter 5-15.
Section 30. That § 1-33-3 be AMENDED:
The
Department of Executive Management consists of the Bureau of Finance
and Management, the Bureau of Administration,
the Bureau of Human
Resources and
Administration, the
Bureau of Information and Telecommunications, the Governor's Office
of Economic Development, and any other agencies created by
administrative action or law and placed under the Department of
Executive Management.
Section 31. Pursuant to § 2-16-9, the Code Commission and code counsel of the Legislative Research Council are requested to transfer the following sections to chapter 1-33, update the cross-references, and amend the following sections by striking “Bureau of Administration”, and inserting “Bureau of Human Resources and Administration” and by striking “commissioner of administration”, and inserting “commissioner of human resources and administration”:
Title 1:
1-33-9.1;1-14-3.1; 1-14-4; 1-14-12.14; 1-14-12.15; 1-14-12.16; 1-14-12.17; 1-14-14; 1-14-14.1; 1-14-18; 1-14-19.
Section 32. Pursuant to § 2-16-9, the Code Commission and code counsel of the Legislative Research Council are requested to transfer § 1-33-64 to chapter 1-33.
Section
33. That § 1-33-10 be REPEALED: The
Bureau of Human Resources is administered by a commissioner appointed
by the Governor with the advice and consent of the Senate. The
commissioner serves at the pleasure of the Governor.
Section 34. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the Legislative Research Council are requested to amend the following sections by striking “Bureau of Administration” and inserting “Bureau of Human Resources and Administration” and by striking “commissioner of the bureau of administration” or by striking “commissioner of administration” and inserting “commissioner of human resources and administration”:
Title 1:
1-6-6; 1-6-17; 1-6-18; 1-6-19; 1-6-21; 1-15-10; 1-26A-8; 1-26D-1; 1-27-11.1; 1-27-12; 1-27-12.1; 1-27-16; 1-27-17; 1-27-35; 1-27-45; 1-33-3; 1-33-42; 1-33B-6; 1-36A-1.11; 1-36A-1.19; 1-55-2; 1-55-4; 1-55-14; 1-55-15
Title 2:
2-7-1; 2-13-7; 2-13-12; 2-16-19
Title 3:
3-1-5; 3-5-5.1; 3-22-2; 3-22-5; 3-22-12
Title 4:
4-7-5; 4-8A-7
Title 5:
5-12-11.1; 5-12-12; 5-12-13; 5-12-37; 5-14-2; 5-14-3; 5-14-4; 5-14-5; 5-14-6; 5-14-8.1; 5-14-9; 5-14-11; 5-14-30; 5-14-31; 5-14-34; 5-14-35; 5-14-36; 5-14-37; 5-14-38; 5-14-39; 5-14-40; 5-15-1.1; 5-15-5; 5-15-6; 5-15-9; 5-15-24; 5-15-25; 5-15-26; 5-15-27; 5-15-28; 5-15-29; 5-15-30; 5-15-34; 5-15-45; 5-18A-11; 5-18A-13; 5-18A-22; 5-18A-27; 5-18A-28; 5-18A-34; 5-18A-38; 5-18A-41; 5-18A-52; 5-18B-5; 5-18B-20; 5-18D-1; 5-18D-2; 5-18D-3; 5-18D-4; 5-18D-5; 5-18D-6; 5-18D-7; 5-18D-8; 5-18D-9; 5-18D-10; 5-18D-11; 5-18D-12; 5-18D-13; 5-18D-14; 5-18D-15; 5-18D-16; 5-18D-17; 5-18D-23; 5-18D-24; 5-24-1; 5-24-1.1; 5-24-3; 5-24-7; 5-24-13; 5-24-14; 5-24A-1; 5-24A-2; 5-24A-14; 5-24A-16; 5-25-4
Title 6:
6-13-14
Title 13:
13-49-15
Title 15:
15-39-47
Title 17:
17-2-19
Title 23:
23-3-8
Title 31:
31-2-27
Title 34:
34-31-6
Title 38:
38-20-2
Title 41:
41-2-20
Title 46A:
46A-1-80.1
Section 35. Pursuant to § 2-16-9, the Code Commission and code counsel of the Legislative Research Council are requested to amend the following sections by striking “Bureau of Human Resources” and inserting “Bureau of Human Resources and Administration” and by striking “commissioner of the bureau of human resources” and inserting “commissioner of the bureau of human resources and administration”:
Title 1:
1-18C-3; 1-18C-6; 1-33-10.1
Title 2:
2-14-2
Title 3:
3-6C-1; 3-8-13; 3-12C-101
Title 5:
5-18A-17.2; 5-18A-17.3; 5-18A-49; 5-24A-18
Title 15:
15-15A-7
Title 26:
26-8A-12.2
Title 36:
36-25-12
Title 38:
38-1-12; 38-1-13; 38-10-14
Title 49:
49-1-7
Title 58:
58-2-13; 58-2-17; 58-17-145.1
Dated in Pierre, South Dakota this 9th day of January, 2024.
Kristi Noem
Governor of South Dakota
ATTEST:
Monae L. Johnson
Secretary of State
Rep. Mortenson moved that when we adjourn today, we adjourn to convene at 10:30 a.m. on January 10, 2024, the 2nd legislative day.
The Speaker declared that HB 1010 and 1037 were withdrawn at the request of the prime sponsors pursuant to JR 6B-1.1.
HB 1030: FOR AN ACT ENTITLED, An Act to update statutory and regulatory references pertaining to water pollution.
Introduced by: The Chair of the Committee on Agriculture and Natural Resources at the request of the Department of Agriculture and Natural Resources
HB 1031: FOR AN ACT ENTITLED, An Act to update the development and implementation of conservation district standards.
Introduced by: The Chair of the Committee on Agriculture and Natural Resources at the request of the Department of Agriculture and Natural Resources
HB 1032: FOR AN ACT ENTITLED, An Act to extend to veterinarians provisions governing drugs, medicines, and various biological products that are prepared for animal use.
Introduced by: The Chair of the Committee on Agriculture and Natural Resources at the request of the Department of Agriculture and Natural Resources
HB 1033: FOR AN ACT ENTITLED, An Act to address the administration of State Conservation Commission functions by the Department of Agriculture and Natural Resources.
Introduced by: The Chair of the Committee on Agriculture and Natural Resources at the request of the Department of Agriculture and Natural Resources
HB 1043: FOR AN ACT ENTITLED, An Act to classify lithium as a precious metal for the purpose of taxation and to authorize a new tax.
Introduced by: Representative Chaffee
Were read the first time and referred to the Committee on Agriculture and Natural Resources.
HB 1034: FOR AN ACT ENTITLED, An Act to require hydrogen pipelines to be permitted by the Public Utilities Commission.
Introduced by: The Chair of the Committee on Commerce and Energy at the request of the Public Utilities Commission
HB 1054: FOR AN ACT ENTITLED, An Act to amend requirements for cosmetology apprenticeships.
Introduced by: Representative Moore
HB 1058: FOR AN ACT ENTITLED, An Act to modify agency reporting requirements on licensure, certification, job placements, and the labor market.
Introduced by: The Chair of the Committee on Commerce and Energy at the request of the Department of Labor and Regulation
HB 1059: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding insurance holding companies.
Introduced by: The Chair of the Committee on Commerce and Energy at the request of the Department of Labor and Regulation
Were read the first time and referred to the Committee on Commerce and Energy.
HB 1049: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to accept and use easement proceeds for the purposes authorized by the 2022 Session Laws, chapter 198.
Introduced by: The Chair of the House Committee on Appropriations at the request of the Board of Regents
HB 1060: FOR AN ACT ENTITLED, An Act to revise certain provisions related to travel reimbursement.
Introduced by: The Chair of the House Committee on Appropriations at the request of the Bureau of Finance and Management
Were read the first time and referred to the House Committee on Appropriations.
HB 1002: FOR AN ACT ENTITLED, An Act to require administration of the ACT to public school students in grade eleven.
Introduced by: Representative Venhuizen
HB 1020: FOR AN ACT ENTITLED, An Act to revise the method by which completion of a required suicide awareness and prevention training is verified.
Introduced by: The Chair of the Committee on Education at the request of the Department of Education
HB 1021: FOR AN ACT ENTITLED, An Act to merge the Professional Teachers Practices and Standards Commission and the Professional Administrators Practices and Standards Commission.
Introduced by: The Chair of the Committee on Education at the request of the Department of Education
HB 1022: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Education to provide professional development in literacy to teachers, and to declare an emergency.
Introduced by: The Chair of the House Committee on Appropriations at the request of the Department of Education
HB 1042: FOR AN ACT ENTITLED, An Act to establish parameters for the reimbursement of school districts that provide free or reduced price meals to students.
Introduced by: Representative Wittman
HB 1048: FOR AN ACT ENTITLED, An Act to revise the requirements pertaining to the target teacher salary.
Introduced by: The Chair of the Committee on Education at the request of the Department of Education
Were read the first time and referred to the Committee on Education.
HB 1012: FOR AN ACT ENTITLED, An Act to adopt the interstate counseling licensure compact and revise educational requirements to comply with the compact.
Introduced by: Representative Rehfeldt and Senator Tobin at the request of the Committee on Sustainable Models for Long Term Care
HB 1013: FOR AN ACT ENTITLED, An Act to adopt the advanced practice registered nurse compact.
Introduced by: Representative Rehfeldt and Senator Tobin at the request of the Committee on Sustainable Models for Long Term Care
HB 1014: FOR AN ACT ENTITLED, An Act to amend the criteria for designation as a regional nursing facility and applicable reimbursement.
Introduced by: Representative Bartels and Senator Hunhoff at the request of the Committee on Sustainable Models for Long Term Care
HB 1015: FOR AN ACT ENTITLED, An Act to adopt the social work licensure compact.
Introduced by: Representative Mulder and Senator Tobin at the request of the Committee on Sustainable Models for Long Term Care
HB 1016: FOR AN ACT ENTITLED, An Act to conduct a feasibility study on the medicaid program of all-inclusive care for the elderly and make an appropriation therefor.
Introduced by: Representative Heermann and Senator Davis at the request of the Committee on Sustainable Models for Long Term Care
HB 1017: FOR AN ACT ENTITLED, An Act to adopt the psychology interjurisdictional licensure compact.
Introduced by: Representative Duba and Senator Tobin at the request of the Committee on Sustainable Models for Long Term Care
HB 1027: FOR AN ACT ENTITLED, An Act to modify substances listed on the controlled substances schedule and to declare an emergency.
Introduced by: The Chair of the Committee on Health and Human Services at the request of the Department of Health
HB 1028: FOR AN ACT ENTITLED, An Act to classify xylazine as a Schedule III controlled substance, establish permissible uses, and to declare an emergency.
Introduced by: The Chair of the Committee on Health and Human Services at the request of the Department of Health
HB 1029: FOR AN ACT ENTITLED, An Act to modify and repeal provisions related to the licensure of hearing aid dispensers and audiologists.
Introduced by: The Chair of the Committee on Health and Human Services at the request of the Board of Hearing Aid Dispensers and Audiologists
Were read the first time and referred to the Committee on Health and Human Services.
HB 1004: FOR AN ACT ENTITLED, An Act to update the official code of laws.
Introduced by: The Chair of the Committee on Judiciary at the request of the Code Commission
HB 1005: FOR AN ACT ENTITLED, An Act to revise the manner of citing the Administrative Rules of South Dakota.
Introduced by: Representatives Hansen, DeGroot, and Healy and Senators Hunhoff, Foster, and Mehlhaff at the request of the Interim Committee on Rules Review
HB 1006: FOR AN ACT ENTITLED, An Act to increase the amount of time permitted the Interim Rules Review Committee to review final permanent rulemaking materials.
Introduced by: Representatives Hansen, DeGroot, and Healy and Senators Hunhoff, Foster, and Mehlhaff at the request of the Interim Committee on Rules Review
HB 1023: FOR AN ACT ENTITLED, An Act to provide immunity from liability for certain actions of the State Bar and its agents.
Introduced by: Representative Fitzgerald
HB 1024: FOR AN ACT ENTITLED, An Act to require that an application for a medical marijuana registry identification card include a notice and acknowledgement of federal law regarding firearms and the unlawful use of a controlled substance.
Introduced by: Representative Jensen (Kevin)
HB 1025: FOR AN ACT ENTITLED, An Act to establish the crime of exposure of a law enforcement officer to a controlled drug or substance and to provide a penalty therefor.
Introduced by: Representative Krohmer
HB 1036: FOR AN ACT ENTITLED, An Act to require that a dispensary post notice of the federal law regarding possession of a firearm and the use of marijuana and to provide a civil penalty.
Introduced by: Representative Jensen (Kevin)
HB 1038: FOR AN ACT ENTITLED, An Act to exclude certain habitual DUI offenders from eligibility for presumptive probation.
Introduced by: Representative Fitzgerald
HB 1045: FOR AN ACT ENTITLED, An Act to revise provisions relating to the possession, manufacture, and distribution of child pornography.
Introduced by: Representative Deutsch
HB 1046: FOR AN ACT ENTITLED, An Act to prohibit the intentional disarming of a law enforcement officer and to provide a penalty therefor.
Introduced by: Representative Kull
HB 1047: FOR AN ACT ENTITLED, An Act to enhance the penalties for eluding law enforcement.
Introduced by: Representative Kull
Were read the first time and referred to the Committee on Judiciary.
HB 1026: FOR AN ACT ENTITLED, An Act to clarify the requirement for the construction or expansion of a municipal campground or tourist accommodation facility.
Introduced by: Representative Krohmer
Was read the first time and referred to the Committee on Local Government.
HB 1007: FOR AN ACT ENTITLED, An Act to amend the requirement to employ a county veterans' service officer.
Introduced by: The Chair of the Committee on Military and Veterans Affairs at the request of the Department of Veterans Affairs
HB 1008: FOR AN ACT ENTITLED, An Act to modify the eligibility for admission to the state veterans' home and repeal the residency requirement.
Introduced by: The Chair of the Committee on Military and Veterans Affairs at the request of the Department of Veterans Affairs
Were read the first time and referred to the Committee on Military and Veterans Affairs.
HB 1003: 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 Chair of the Committee on State Affairs at the request of the State Investment Council
HB 1009: FOR AN ACT ENTITLED, An Act to modify the observation of time in South Dakota.
Introduced by: Representative Krohmer
HB 1011: FOR AN ACT ENTITLED, An Act to revise the membership of the South Dakota Capitol Complex Restoration and Beautification Commission.
Introduced by: Representative Mortenson
HB 1035: FOR AN ACT ENTITLED, An Act to extend the period of renewal for an enhanced permit to carry a concealed pistol.
Introduced by: Representative Jensen (Kevin)
HB 1039: FOR AN ACT ENTITLED, An Act to provide for the payment of legal expenses originating from crime committed at a facility maintained by the Department of Corrections.
Introduced by: Representative Otten (Ernie)
HB 1040: FOR AN ACT ENTITLED, An Act to limit annual valuation increases on owner-occupied single-family dwellings.
Introduced by: Representative Ladner
HB 1041: FOR AN ACT ENTITLED, An Act to modify the definition of public infrastructure to allow a federally recognized Indian tribe to be eligible for housing infrastructure grants and loans and to declare an emergency.
Introduced by: Representative Tordsen
HB 1044: FOR AN ACT ENTITLED, An Act to update the United States census survey used to ascertain and adjust the salary of members of the Legislature.
Introduced by: Representative Duba
HB 1052: FOR AN ACT ENTITLED, An Act to increase the minimum fee required with an application for construction of an energy conversion and transmission facility.
Introduced by: The Chair of the Committee on State Affairs at the request of the Public Utilities Commission
HB 1053: FOR AN ACT ENTITLED, An Act to create term limits for public utilities commissioners.
Introduced by: Representative Bartels
HB 1055: FOR AN ACT ENTITLED, An Act to raise the appraisal value of surplus property that may be sold by a political subdivision without notice.
Introduced by: Representative Callies
HB 1057: FOR AN ACT ENTITLED, An Act to create the Commission on Indigent Legal Services and Office of Indigent Legal Services.
Introduced by: The Chair of the Committee on State Affairs at the request of the Chief Justice
Were read the first time and referred to the Committee on State Affairs.
HB 1001: FOR AN ACT ENTITLED, An Act to repeal the expiration of a reduction in certain gross receipts and use tax rates.
Introduced by: Representative Karr
HB 1018: FOR AN ACT ENTITLED, An Act to revise certain references to the Internal Revenue Code.
Introduced by: The Chair of the Committee on Taxation at the request of the Department of Revenue
HB 1019: FOR AN ACT ENTITLED, An Act to clarify language regarding sales and use tax in certain statutes.
Introduced by: The Chair of the Committee on Taxation at the request of the Department of Revenue
HB 1056: FOR AN ACT ENTITLED, An Act to increase the property tax exemption allowed for certain veterans with a disability.
Introduced by: Representative Callies
Were read the first time and referred to the Committee on Taxation.
HB 1050: FOR AN ACT ENTITLED, An Act to update references to certain federal motor carrier regulations.
Introduced by: The Chair of the Committee on Transportation at the request of the Department of Public Safety
HB 1051: FOR AN ACT ENTITLED, An Act to make technical changes to provisions regarding the compensation of agents.
Introduced by: The Chair of the Committee on Transportation at the request of the Department of Public Safety
HB 1063: FOR AN ACT ENTITLED, An Act to amend the valuation service used to value vehicles.
Introduced by: The Chair of the Committee on Transportation at the request of the Department of Revenue
Were read the first time and referred to the Committee on Transportation.
HB 1061: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to emergencies and disasters impacting the state and to declare an emergency.
Introduced by: The Chair of the House Committee on Appropriations at the request of the Department of Public Safety
HB 1062: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to the suppression of wildfires impacting the state and to declare an emergency.
Introduced by: The Chair of the House Committee on Appropriations at the request of the Department of Public Safety
HB 1064: FOR AN ACT ENTITLED, An Act to make an appropriation for increases in the construction costs of infrastructure at Lake Alvin and Newell Lake, and to declare an emergency.
Introduced by: The Chair of the House Committee on Appropriations at the request of the Department of Game, Fish and Parks
HB 1065: FOR AN ACT ENTITLED, An Act to make an appropriation for the design and construction of a multi-use building on the grounds of the State Fair and to declare an emergency.
Introduced by: The Chair of the House Committee on Appropriations at the request of the Department of Agriculture and Natural Resources
Were read the first time and referred to the Joint Committee on Appropriations.
HCR 6002: A CONCURRENT RESOLUTION, To provide for an interim study regarding foreign ownership of agricultural land.
Introduced by: Representative Mulally
Was read the first time and referred to the Committee on State Affairs.
HCR 6001: A CONCURRENT RESOLUTION, Supporting the Electoral College.
Introduced by: Representative Mulally
Was read the first time and the Speaker waived the committee referral pursuant to JR 6D-1.
Rep. Drury moved that the House do now adjourn, which motion prevailed and at 12:31 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 eight: “Who will bring any charge against those whom God has chosen? It is God who justifies. 34 Who then is the one who condemns? No one. Christ Jesus who died—more than that, who was raised to life—is at the right hand of God and is also interceding for us. 35 Who shall separate us from the love of Christ? Shall trouble or hardship or persecution or famine or nakedness or danger or sword? 36 As it is written: “For your sake we face death all day long; we are considered as sheep to be slaughtered.”[a37 No, in all these things we are more than conquerors through him who loved us. 38 For I am convinced that neither death nor life, neither angels nor demons,[b] neither the present nor the future, nor any powers, 39 neither height nor depth, nor anything else in all creation, will be able to separate us from the love of God that is in Christ Jesus our Lord.”
Almighty God, You once placed in our history, a man, Thomas Jefferson who was tasked by Your sovereign will. But he also penned the words that have led us to what we now call a separation of Church from the State. What he didn’t intend, was for us to go our separate ways—to never interact in the dealings and accountability of the people that You place in our paths each day. No, Lord, what was meant by Jefferson, was that the government would never enter into the confines of our faith in order to bring persecution for such faith, or to corrupt the faith with our own personal and legal agendas in order to highjack the power away from You, Almighty and Holy God—and take it for ourselves, in order to force everyone to go along with it, in lock step.
But gracious God, as Paul writes to the beloved Christians of Rome prior to his arrival in the land that would later take his life because of his unwavering proclamation of the Gospel, nothing—absolutely nothing—shall separate us from You, O, Lord. We pray today, that we might actually consider and believe, that Your sovereignty has allowed our constituents to have prayerfully elected us into these positions of leadership. I pray today, that each person in this room—every single person in these hallways—every listener on the radio and the television would hear Your voice—would know that You are working through all things—would trust in the agents that You have placed in certain positions in order that they might fulfill Your will—not their own—and know in the depths of their hearts that nothing—absolutely nothing will separate us from the Love of Christ.
Bring us Your wisdom. Help us to hold each other accountable with kindness and compassion. Lead us in more listening, and less talking. Give us courage to stand for our faith, rather than cowering in fear, worrying what everyone else thinks at any given time. Let Your Truth be made known in our actions and words. Help us to create just laws based on Your will, listening to the needs of our citizens. May Your Truth be made known—might each vote taken this session be in consultation with spiritual leadership—not based on our feelings and our experiences—rather, on Your will made known through Your mercy granted upon us. In Your Holy name we pray, Amen.
The Secretary of the Senate, Peggy Laurenz, called the roll of the Senate and the following members were present:
Beal; Bolin; Bordeaux; Breitling; Crabtree; Davis; Deibert; Diedrich; Duhamel; Foster; Frye-Mueller; Hoffman; Hunhoff; Johnson; Klumb; 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; Randolph; Rehfeldt; Reimer; Reisch; Sauder; Schaefbauer; Schneider; Sjaarda; Soye; St. John; Stevens; Teunissen; Tordsen; Venhuizen; Wangsness; Weisgram; Wittman; Speaker Bartels.
Sen. Crabtree moved that a committee of ten 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, Nesiba, Bolin, Klumb, Kolbeck, Maher, Novstrup, Stalzer, and Wiik 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 $.170 per page.