The following prayer was offered by the Chaplain, Rev. Craig Wexler, Pierre/Fort Pierre
Ministerial Association, Pierre, South Dakota:
Lord, God, Heavenly Father, we come before you this day on this special occasion to
discuss how to best use resources within the benefits of this great state. We pray for unity and
peaceful discussion. We pray for open-mindedness towards our peers and colleagues, and we
ask you to give us guidance in our discussion before us. In Jesus' name we pray, Amen.
The Pledge of Allegiance to the flag was recited by the members of the House.
The list of which shall be entered in the Journal.
Dan Ahlers David L. Anderson
Hugh M. Bartels Douglas Barthel
Julie Bartling Arch Beal
Shawn Bordeaux Scyller Borglum
Thomas J. Brunner Blaine "Chip" Campbell
Lance Carson Roger D. Chase
Michael Clark Kristin A. Conzet
Drew Dennert Michael G. Diedrich
Lynne DiSanto Mary Duvall
Julie Frey-Mueller Bob Glanzer
Tim Goodwin Spencer Gosch
Lana Greenfield Steven G. Haugaard
Spencer Hawley Leslie J. Heinemann
Thomas R. Holmes Taffy Howard
Jean M. Hunhoff Greg Jamison
Kevin D. Jensen Timothy R. Johns
David Johnson Dan Kaiser
Chris Karr Jason W. Kettwig
John A. Lake Issac Latterell
Oren L. Lesmeister Steve Livermont
David Lust Sam Marty
Elizabeth May Steven D. McCleerey
G. Mark Mickelson John Mills
Herman Otten Kent Peterson
Sue Peterson Tom Pischke
Lee Qualm Nancy Rasmussen
Tim Reed Rebecca Reimer
Larry Rhoden Ray Ring
Tim Rounds Tona Rozum
Kyle Schoenfish Jamie Smith
Karen Soli Wayne H. Steinhauer
Mike Stevens Burt Tulson
Charles M. Turbiville Marli Wiese
Mark Willadsen Susan Wismer
Nancy York Larry P. Zikmund
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 Reps. Conzet, Hawley, Howard,
and Lesmeister.
Rep. Qualm moved that the House proceed with the election of officers of the House of
Representatives.
Which motion prevailed.
Rep. Qualm moved that the following officers of the regular Ninety-third Legislative
Session: Speaker of the House G. Mark Mickelson; Speaker Pro tempore Steven Haugaard; and
Chief Clerk of the House, Sandra J. Zinter, who are now present, be declared elected in their
respective offices for the Special Session.
The question being on Rep. Qualm's motion that the officers of the Special Session be
elected.
Which motion prevailed.
The oath of office was administered to Speaker of the House, G. Mark Mickelson; Speaker
Pro tempore, Steven Haugaard; and Chief Clerk of the House, Sandra J. Zinter, by the
Honorable Justice David Gilbertson, Chief Justice of the Supreme Court of the state of South
Dakota, and the same was subscribed to and placed on file in the office of the Secretary of State.
Ms. Shantel Krebs, Secretary of State, turned the gavel over to Speaker Mickelson.
Speaker Mickelson now presiding.
First Assistant to the Chief Clerk - Mary Lou Goehring
Second Assistant to the Chief Clerk - Jackie Driscoll
Third Assistant to the Chief Clerk - Shirleen Fugitt
Sergeant at Arms - James Smith
Assistant Sergeant at Arms - Rollie Borth
Rep. Qualm moved that a committee of three on the part of the House be appointed to
meet with a like committee on the part of the Senate relative to the joint rules for the two houses
for the Special Session of the Ninety-third Legislative Session.
Which motion prevailed and the Speaker appointed as such committee Reps. Mickelson,
Qualm, and Bartling.
Rep. Qualm moved that a committee of three on the part of the House be appointed to meet
with a like committee on the part of the Senate for the purpose of fixing the compensation of
the elective and appointive officers and employees of the House and Senate for the Special
Session of the Ninety-third Legislative Session, pursuant to SDCL 2-5-8, with the full power
to act, and that such compensation schedule be filed with the Director of the Legislative
Research Council.
Which motion prevailed and the Speaker appointed as such committee Reps. Mickelson,
Qualm, and Bartling.
Rep. Qualm moved that a committee of three on the part of the House be appointed to meet
with a like committee on the part of the Senate to make arrangements for the Joint Session to
receive the message of the Governor, the Honorable Dennis Daugaard.
Which motion prevailed and the Speaker appointed as such committee Reps. Haugaard,
Kent Peterson, and Bartling.
Rep. Qualm moved that a committee of three on the part of the House be appointed to meet
with a like committee on the part of the Senate to notify the Governor that the Legislature is
duly organized and ready to meet in Joint Session to receive any communications he may desire
to make.
Which motion prevailed and the Speaker appointed as such committee Reps. Haugaard, Kent Peterson, and Bartling.
Which motion prevailed and the Speaker appointed as such committee Reps. Mickelson,
Qualm, and Bartling.
**Mickelson, *Haugaard, Lust, Peterson (Kent), Qualm, Bartling, Stevens
Your Joint-Select Committee appointed on joint rules respectfully reports that it has had
under consideration the joint rules and recommends that the joint rules of the Ninety-third
Legislative Session be adopted with the following exceptions:
Whereas Article III, Section 9 of the South Dakota Constitution provides that the
Legislature shall determine the rules of its proceedings, your Joint-Select Committee appointed
for the purpose of preparing rules for the Special Session respectfully reports that the rules of
the regular session of the Ninety-third Legislative Session be made the rules of the Special
Session with the following exceptions:
Special Rule No. 1: The presiding officer may dispense with the referral of a bill or
resolution to a standing committee.
Special Rule No. 2: The deadlines pertaining to bill or resolution introduction and hearing
do not apply to the Special Session. Any legislator may introduce, at any time during this
Special Session, any bill or resolution germane to the proclamation.
Special Rule No. 3: The rules pertaining to a call of the house do not apply to the Special
Session, except that the attendance may be compelled by the presiding officer of any member
who has answered the initial roll call each day.
Special Rule No. 5: Rules pertaining to the order of business prevail. However, the order
of business may be changed by a majority vote of the members-elect, thereby bringing up any
item of action by this vote. The proclamation calling the Legislature into Special Session
governs the consideration of any bill or resolution and the body shall determine the germaneness
of any bill and resolution to the proclamation.
Special Rule No. 6: Rules pertaining to fiscal notes and prison or jail population cost
estimates do not apply to the Special Session.
Special Rule No. 7: The rules pertaining to the printing and distribution of bills or
resolutions do not apply to the Special Session, and the Legislative Research Council and
Secretary of State shall provide photocopies of bills introduced to the public.
Special Rule No. 8: At the conclusion of the Special Session, the Chief Clerk of the House
and the Secretary of the Senate shall review the journal, make the necessary corrections, and
provide the contract printer with the corrected journal for distribution to those who subscribed
to journals during the regular Ninety-third Legislative Session.
Special Rule No. 9: Notwithstanding Joint Rule 11-1, House Rule H4-1, and Senate Rule
S5-1, a majority of the members-elect of either house may suspend, adopt, or amend any of the
rules.
Special Rule No. 10: The whole body of either house or of both houses may, upon
appropriate motion or motions, convene as a committee of the whole for the sole purpose of
taking testimony and allowing the questioning of witnesses, regarding any bill or resolution that
has been introduced in either chamber within the scope of these rules and the proclamation
convening this special session. Joint Rule Chapter 11, pertaining to a committee of the whole,
does not apply. The presiding officer shall preside over any committee of the whole of each
house, and the speaker of the House shall preside over any joint committee of the whole of both
houses.
Special Rule No. 11: Joint Rules 2-1 and 2-4, relating to access to the floor of each
chamber, do not apply to any individual entering the floor of the House or Senate for the sole
purpose of providing testimony to, or answering the questions of, a committee of the whole of
either house or of both houses.
Respectfully submitted, Respectfully submitted,
G. Mark Mickelson Brock Greenfield
Lee Qualm R. Blake Curd
Julie Bartling Jason E. Frerichs
House Committee Senate Committee
Your Joint-Select Committee appointed for the purpose of fixing the compensation of
the elective and appointive officers and employees of the House and Senate for the Special
Session of the Ninety-third Legislative Session, pursuant to SDCL 2-5-8, respectfully reports
that a salary schedule for the elective and appointive officers and employees has been developed
and filed with the Director of the Legislative Research Council.
Respectfully submitted, Respectfully submitted,
G. Mark Mickelson Brock Greenfield
Lee Qualm R. Blake Curd
Julie Bartling Billie Sutton
House Committee Senate Committee
Also, MR. SPEAKER:
Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session
of the Senate and the House of Representatives to receive the message of the Governor
respectfully reports:
That the Senate and the House convene in Joint Session in the Chamber of the House
of Representatives at 10:30 a.m., September 12, 2018.
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 when the message of the Governor has been received, the Joint Session be
dissolved and continue thereafter as the Joint Committee of the Whole.
Respectfully submitted, Respectfully submitted,
Steven G. Haugaard Brock Greenfield
Kent Peterson R. Blake Curd
Julie Bartling Billie Sutton
House Committee Senate Committee
Also, MR. SPEAKER:
Your Joint-Select Committee appointed to notify the Governor that the Legislature is
duly organized and ready to meet in Joint Session to receive any communications he may desire
to transmit respectfully reports that the Governor is ready to appear before the Joint Session to
deliver his message.
Your Joint-Select Committee appointed to consider the matter of adjournment sine die of
the Special Session of the Ninety-third Legislative Session respectfully reports that the Senate
and House of Representatives adjourn sine die at the hour of 3:25 p.m., September 12, 2018.
Rep. Qualm moved that the report of the Joint-Select Committee relative to the joint
rules for the Special Session of the Ninety-third Legislative Session be adopted.
The question being on Rep. Qualm's motion that the report of the Joint-Select
Committee relative to the rules for the Special Session of the Ninety-third Legislative Session
be adopted.
Which motion prevailed.
Rep. Qualm moved that the report of the Joint-Select Committee relative to the
compensation of the elected and appointed officers and employees of the House and Senate for
the Special Session for the Ninety-third Legislative Session be adopted.
The question being on Rep. Qualm's motion that the report of the Joint-Select
Committee relative to the compensation of the elected and appointed officers and employees
of the House and Senate for the Special Session for the Ninety-third Legislative Session be
adopted.
Which motion prevailed.
Rep. Qualm moved that the report of the Joint-Select Committee relative to arranging
the Joint Session to receive the message of the Governor be adopted.
Which motion prevailed.
Rep. Qualm moved that the report of the Joint-Select Committee relative to notifying
the Governor that the Legislature is duly organized and ready to meet in Joint Session be
adopted.
The question being on Rep. Qualm's motion that the report of the Joint-Select
Committee relative to notifying the Governor that the Legislature is duly organized and ready
to meet in Joint Session be adopted.
Which motion prevailed.
Rep. Qualm moved that the report of the Joint-Select Committee relative to fixing the
time to adjourn sine die for the Special Session of the Ninety-third Legislative Session be
adopted.
Which motion prevailed.
HB 1001 Introduced by: Representatives Anderson, Ahlers, Bartels, Carson, and Hunhoff
and Senators Tidemann, Cronin, Haverly, Nesiba, Peters, White, and Wiik at the request of the
Interim Committee on Appropriations
FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
commencement of office for state officers.
Was read the first time.
The Speaker dispensed with referral of HB 1001 to committee pursuant to Special Rule
No. 1.
Representative Qualm moved that HB 1001 be placed on the calendar for immediate
consideration pursuant to Special Rule No. 4.
Which motion prevailed by a voice vote of the majority of the members present.
Rep. Qualm moved that the House do now recess to convene with the Senate for a Joint
Session to hear the message of the Governor and to continue thereafter as a Joint Committee of
the Whole pursuant to Special Rule No. 10.
Which motion prevailed, and at 10:31 a.m., the House recessed.
The following prayer was delivered by Rev. Craig Wexler, Pierre/Fort Pierre Ministerial
Association, Pierre, South Dakota:
Lord, God, Heavenly Father, we come before you this day, and sit amongst one another
as elected officials. We have been elected by the people of this great state of South Dakota. We
have been elected to create laws - to consciously discern how these laws can best serve our
communities for the sake of wellness and harmony. Today's matter is a matter of stewardship
and wellness surrounding the best use of financial resources. Guide us in how we might best
love and serve our neighbors and we pray that we might start with our neighbors sitting next to
us this day as well. Guide our words, guide our actions, and guide our respect and love towards
one another. In Jesus' name we pray, Amen.
The Secretary of the Senate, Kay Johnson, called the roll of the Senate and the following
members were present:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield, Brock; Haverly; Jensen, Phil;
Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten,
Ernie; Partridge; Peters; Russell; Soholt; Solano; Stalzer; Sutton, Billie; Sutton, Margaret;
Tapio; Tidemann; White; Wiik; Youngberg.
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Borglum; Brunner; Campbell;
Carson; Chase; Clark; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin;
Gosch; Greenfield, Lana; Haugaard; Heinemann; Holmes; Hunhoff; Jamison; Jensen, Kevin;
Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Livermont; Lust; Marty; May;
McCleerey; Mills; Otten, Herman; Peterson, Kent; Peterson, Sue; Pischke; Qualm; Rasmussen;
Reed; Reimer; Rhoden; Ring; Rounds; Rozum; Schoenfish; Smith; Soli; Steinhauer; Stevens;
Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson.
Sen. Curd moved that a committee of three on the part of the Senate and a committee of
three on the part of the House be appointed to escort the Honorable Dennis Daugaard, Governor
of the state of South Dakota, to the rostrum.
Which motion prevailed and the President appointed as such committee Sens. Greenfield,
Curd, and Sutton on the part of the Senate and Reps. Qualm, Kent Peterson, and Bartling on the
part of the House.
The Sergeant at Arms announced the arrival of the Honorable Dennis Daugaard, who was
escorted to the rostrum.
The Lieutenant Governor, Matt Michels, introduced the Honorable Dennis Daugaard.
Rep. Qualm moved that the Joint Session do now dissolve and continue thereafter as the
Joint Committee of the Whole.
Which motion prevailed.
Speaker Mickelson now presiding pursuant to Special Rule No. 10.
Under the provisions of Special Rule No. 10, the following persons testified on SB 1 and
SB 2. No individuals gave testimony on HB 1001.
Proponents -
Andy Gerlach, Secretary, Department of Revenue
Senator Deb Peters, District 9 - Hartford
David Owen, South Dakota Chamber of Commerce
Jim Hood, South Dakota Retailers Association
Representative Susan Wismer, District 1 - Britton
Rep. Qualm moved that the Joint Committee of the Whole do now rise and that both
Houses recess and reconvene in their respective chambers, the House at 1:45 p.m., and the
Senate at 1:15 p.m.
Which motion prevailed.
HB 1001: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
commencement of office for state officers.
Was read the second time.
Rep. Qualm moved that HB 1001, having had its second reading, now be considered for
debate with a do pass recommendation.
The question being "Shall HB 1001 pass?"
And the roll being called:
Yeas 66, Nays 0, Excused 4, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Borglum; Brunner; Campbell;
Carson; Chase; Clark; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin;
Gosch; Greenfield (Lana); Haugaard; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin);
Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Livermont; Lust; Marty; May;
McCleerey; Mills; Otten (Herman); Peterson (Kent); Peterson (Sue); Pischke; Qualm;
Rasmussen; Reed; Reimer; Rhoden; Ring; Rounds; Rozum; Schoenfish; Smith; Soli;
Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker
Mickelson
Excused:
Conzet; Hawley; Howard; Lesmeister
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
I have the honor to transmit herewith SB 1 which has passed the Senate and your favorable
consideration is respectfully requested.
Also, MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens.
Greenfield, Curd, and Sutton (Billie) as a committee of three on the part of the Senate to meet
with a like committee on the part of the House to notify the Governor that the Legislature is duly
organized and ready to meet in a Joint Session to receive any communications he may desire to
make.
Also, MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens.
Greenfield, Curd, and Sutton (Billie) as a committee of three on the part of the Senate to meet
with a like committee on the part of the House to arrange for a Joint Session of the two houses
to receive the message of the Governor.
Also, MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens.
Greenfield, Curd, and Frerichs as a committee of three on the part of the Senate to meet with
a like committee on the part of the House relative to the Joint Rules for the Special Session of
the Ninety-third Legislative Session.
Also, MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has appointed Sens.
Greenfield, Curd, and Sutton (Billie) as a committee of three on the part of the Senate to meet
with a like committee on the part of the House for the purpose of setting the compensation of
the elective and appointive officers and employees of the House and Senate for the Special
Session of the Ninety-third Legislative Session, pursuant to SDCL 2-5-8, with the full power
to act and that such compensation schedule be filed with the Director of the Legislative
Research Council.
I have the honor to inform your honorable body that the Senate has appointed Sens. Langer,
Ewing, and Kennedy as a committee of three on the part of the Senate to meet with a like
committee on the part of the House pertaining to fixing the time of adjournment sine die for the
Special Session of the Ninety-third Legislative Session.
Also, MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to notifying the Governor that the Legislature is duly
organized and ready to meet in Joint Session to receive any communications he may desire to
make.
Also, MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to arranging for a Joint Session of the two houses to receive
the message of the Governor.
Also, MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to the Joint Rules for the Special Session of the Ninety-third
Legislative Session.
Also, MR. SPEAKER:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee relative to setting the compensation for the elective and appointive
officers and employees of the Ninety-third Legislative Session.
SB 1: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
collection and remittance of certain taxes by remote sellers and to declare an emergency.
The Speaker dispensed with referral of SB 1 to committee pursuant to Special Rule
No. 1.
Representative Qualm moved that SB 1 be placed on the calendar for immediate
consideration pursuant to Special Rule No. 4.
Which motion prevailed.
Was read the second time.
Rep. Qualm moved that SB 1 having had its second reading, now be considered for debate
with a do pass recommendation.
The question being "Shall SB 1 pass?"
And the roll being called:
Yeas 62, Nays 4, Excused 4, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Borglum; Brunner; Carson;
Chase; Clark; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield
(Lana); Haugaard; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson;
Karr; Kettwig; Lake; Latterell; Livermont; Lust; Marty; May; McCleerey; Mills; Otten
(Herman); Peterson (Kent); Peterson (Sue); Qualm; Rasmussen; Reed; Reimer; Rhoden; Ring;
Rounds; Rozum; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tulson; Turbiville; Wiese;
Willadsen; Wismer; York; Zikmund; Speaker Mickelson
Nays:
Campbell; Dennert; Kaiser; Pischke
So the bill having received an affirmative vote of a two-thirds majority, the Speaker
declared the bill passed and the title was agreed to.
I have the honor to transmit herewith SB 2 which has passed the Senate and your favorable
consideration is respectfully requested.
The Speaker dispensed with referral of SB 2 to committee pursuant to Special Rule
No. 1.
Which motion prevailed.
I have the honor to return herewith HB 1001 which has passed the Senate without change.
Was read the second time.
Rep. Qualm moved that SB 2 having had its second reading, now be considered for debate
with a do pass as amended recommendation.
The question being "Shall SB 2 pass as amended?"
And the roll being called:
Yeas 60, Nays 6, Excused 4, Absent 0
Yeas:
Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Borglum; Brunner; Carson;
Chase; Clark; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield
(Lana); Haugaard; Heinemann; Holmes; Hunhoff; Jamison; Jensen (Kevin); Johns; Johnson;
Karr; Kettwig; Lake; Latterell; Livermont; Lust; Marty; McCleerey; Mills; Otten (Herman);
Peterson (Kent); Peterson (Sue); Qualm; Reed; Reimer; Rhoden; Ring; Rounds; Rozum;
Schoenfish; Smith; Soli; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer;
York; Zikmund; Speaker Mickelson
Nays:
Campbell; Dennert; Kaiser; May; Pischke; Rasmussen
Excused:
Conzet; Hawley; Howard; Lesmeister
So the bill having received an affirmative vote of a majority of the members-elect, the
Speaker declared the bill passed and the title was agreed to.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared HB 1001 and finds the same correctly enrolled.
The Speaker publicly read the title to
HB 1001: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
commencement of office for state officers.
SB 1: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
collection and remittance of certain taxes by remote sellers and to declare an emergency.
SB 2: FOR AN ACT ENTITLED, An Act to provide for the collection and remittance of
certain taxes by certain marketplace providers.
And signed the same in the presence of the House.
The Committee on Legislative Procedure respectfully reports that HB 1001 was delivered
to his Excellency, the Governor, for his approval at 3:20 p.m., September 12, 2018.
The following prayer was offered by the Chaplain, Rev. Craig Wexler:
Lord, God, Heavenly Father, we give thanks for this day, and we give thanks for all the work that this body of elected officials have done for your people. We also lift up the Daugaard family, along with the members of his cabinet and other extensions and representatives of his team, who have served this state with dignity and honor for so long. Guide each of them through
the pages of the next chapter that lies ahead. May your guidance and discernment lead them into
another avenue of service, using the gifts you have given them. We also pray for the safety and
travels of everyone here this day, as we depart to our communities once again, give us safety,
guidance, and respite before we come together in the months ahead. In Jesus' name we pray,
Amen.
Mr. Speaker:
I have the honor to inform your honorable body that the Senate has adopted the report of
the Joint-Select Committee for the purpose of fixing the time of adjournment sine die for the
Special Session of the Ninety-third Legislative Session.
Rep. Beal moved that the House do now adjourn sine die, which motion prevailed and at
3:25 p.m. the House adjourned.