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House State Affairs Minutes 2/15/2017 07:45 AM

92nd Legislative Session _ 2017

Committee: House State Affairs
Wednesday, February 15, 2017

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bartling
P    Beal
P    DiSanto
P    Haggar
P    Hawley
P    Heinemann
P    Latterell
P    Lust
P    Mickelson
P    Peterson (Kent)
P    Rozum
P    Qualm, Vice-Chair
P    Rhoden, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Rhoden, Chairman.

MOTION:    TO APPROVE THE MINUTES OF FEBRUARY 13, 2017

Moved by:    Qualm
Second by:    Haggar
Action:    Prevailed by voice vote.

    HB 1141: provide for a legislative task force to consider certain legislation proposed to revise provisions regarding the initiative and referendum process in South Dakota.

Presented by:    Representative Lust

MOTION:    AMEND HB 1141



1141wa

    On page 1 of the printed bill, delete lines 6 to 14, inclusive, and insert:

"

    There is hereby established an Initiative and Referendum Task Force comprised of fifteen members to study possible changes to the process regarding initiated measures and referred laws. The task force shall consist of the following members:

            (1)    Three members of the House of Representatives to be appointed by the speaker of the House, two of whom to be members of the Republican party and one of whom to be a member of the Democrat party;

            (2)    Three members of the Senate to be appointed by the president pro tempore, two of whom to be members of the Republican party and one of whom to be a member of the Democrat party;

            (3)    The secretary of state, serving ex officio and without a vote;

            (4)    The attorney general, serving ex officio and without a vote;

            (5)    One member to be appointed by the Governor;

            (6)    Two members of the Board of Elections;

            (7)    One member to be appointed by the speaker of the House who is a faculty member of a political science department of a college or university in the state;

            (8)    One member who is a representative of the South Dakota Chamber of Commerce;

            (9)    One member who is a representative of the South Dakota Municipal League; and

            (10)    One member who is a representative of the South Dakota Association of County Commissioners.

    If there is a vacancy on the task force, the vacancy shall be filled in the same manner as the original appointment under this Act.".

    On page 2 of the printed bill, delete lines 1 and 2.


Moved by:    Qualm
Second by:    Haggar
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1141 AS AMENDED

Moved by:    Haggar
Second by:    Qualm
Action:    Prevailed by roll call vote. (10-1-2-0)

Voting Yes:    Beal, DiSanto, Haggar, Heinemann, Latterell, Lust, Peterson (Kent), Rozum, Qualm, Rhoden

Voting No:    Hawley

Excused:    Bartling, Mickelson

    HB 1072: repeal and revise certain provisions relating to permits to carry a concealed pistol.

Presented by:    Representative DiSanto (Handouts: #1)
Proponents:    Daniel Hall, National Rifle Association of America
        Dudley Brown, Windsor, Colorado, self
        Shantel Krebs, Secretary of State
Opponents:    Matt Konenkamp, Governor's Office
        Paul Bachand, SD States Attorneys Association
        Tim Doyle, South Dakota Fraternal Order of Police
        Mike Leidtholt, Pierre, self
        Staci Ackerman, South Dakota Sheriff's Association
        Lori Martinec, SD Police Chiefs' Association (Handouts: #2)

MOTION:    AMEND HB 1072

1072wa

    On page 3, line 22, of the printed bill, remove the overstrikes from "A temporary".

    On page 3, line 22, delete "An".

    On page 4, delete lines 23 and 24.

    On page 5, delete lines 1 to 5, inclusive.

    On page 5, line 12, delete "The secretary of state may enter into reciprocity agreements with

any".


    On page 5, line 13, delete "other state.".

    On page 5, line 19, delete "temporary" and insert "temporary optional".

    On page 5, line 23, delete "any" and insert "an".

    On page 6, line 16, delete "optional".

    On page 8, after line 18, insert:

"
    Section 20. That chapter 23-7 be amended by adding a NEW SECTION to read:

    No person under the age of eighteen years of age may carry a concealed pistol except in the presence of a parent or legal guardian.".


Moved by:    Haggar
Second by:    Latterell
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1072 AS AMENDED

Moved by:    Latterell
Second by:    Qualm
Action:    Prevailed by roll call vote. (7-6-0-0)

Voting Yes:    Beal, DiSanto, Haggar, Heinemann, Latterell, Qualm, Rhoden

Voting No:    Bartling, Hawley, Lust, Mickelson, Peterson (Kent), Rozum

    HB 1165: provide for annually updated financial interest statements for any person elected to federal, statewide, or local office.

Presented by:    Representative Jamison
Proponents:    Yvonne Taylor, SD Municipal League

MOTION:    AMEND HB 1165

1165fb

    On page 1 of the printed bill, remove the overstrikes from line 15.

    On page 2, delete line 1, and insert "students, or commissioner, councilman, or mayor in municipalities of the first class, shall within".

    On page 2, line 23, remove the overstrikes from "in a school".

    On page 2, remove the overstrikes from line 24.

    On page 3, remove the overstrikes from line 1.


Moved by:    Haggar
Second by:    Latterell
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1165 AS AMENDED

Moved by:    Bartling
Second by:    Beal
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Bartling, Beal, DiSanto, Haggar, Hawley, Heinemann, Latterell, Lust, Peterson (Kent), Rozum, Qualm, Rhoden

Excused:    Mickelson

MOTION:    PLACE HB 1165 ON CONSENT CALENDAR

Moved by:    Haggar
Second by:    Latterell
Action:    Prevailed by voice vote.

    HB 1074: provide for limits on certain out-of-state contributions to ballot question committees.

Presented by:    Representative Gosch
Proponents:    Tony Vanhuizen, Governor's Office
        Will Mortenson, Mickelson & Company, LLC
        Representative Mickelson

MOTION:    AMEND HB 1074

1074wb

    On page 1 of the printed bill, delete lines 5 to 8, inclusive, and insert:

"

    Contributions to a statewide ballot question committee from a person who is not a resident of the state at the time of any contribution, a political committee that is organized in a state other than South Dakota, or any other organization that is not filed as a domestic entity with the secretary of state for the four years preceding a contribution may not exceed one hundred thousand dollars in the aggregate for a general election cycle. For purposes of this section, a general election cycle, means the period that includes the day after the general election held in November of an even-numbered year through the day of the general election held in November in the following even-numbered year, inclusive.

    All committees established, financed, maintained, or controlled by the same corporation, labor organization, person, group of persons, and any parent, subsidiary, branch, division, department, or local unit of any corporation, labor organization, person, or group of persons are affiliated and share a single contribution limit under this section.".


Moved by:    Rozum
Second by:    Qualm
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION AMEND HB 1074

1074oa

    On page 1 of the printed bill, delete lines 5 to 8, inclusive, and insert:

"

    Contributions to a statewide ballot question committee, political action committee, candidate campaign committee, or political party committee from a person who is not a resident of the state at the time of any contribution, a political committee that is organized in a state other than South Dakota, or any other organization that is not filed as a domestic entity with the secretary of state for the four years preceding a contribution may not exceed one hundred thousand dollars in the aggregate for a general election cycle. For purposes of this section, a general election cycle, means the period that includes the day after the general election held in November of an even-numbered year through the day of the general election held in November in the following even-numbered year, inclusive.

    All committees established, financed, maintained, or controlled by the same corporation, labor organization, person, group of persons, and any parent, subsidiary, branch, division, department, or local unit of any corporation, labor organization, person, or group of persons are affiliated and share a single contribution limit under this section.".


Moved by:    Hawley
Second by:    Bartling
Action:    Failed by voice vote.

THE MOTION TO AMEND HB 1074

1074wb

    On page 1 of the printed bill, delete lines 5 to 8, inclusive, and insert:

"

    Contributions to a statewide ballot question committee from a person who is not a resident of the state at the time of any contribution, a political committee that is organized in a state other than South Dakota, or any other organization that is not filed as a domestic entity with the secretary of state for the four years preceding a contribution may not exceed one hundred thousand dollars in the aggregate for a general election cycle. For purposes of this section, a general election cycle, means the period that includes the day after the general election held in November of an even-numbered year through the day of the general election held in November in the following even-numbered year, inclusive.

    All committees established, financed, maintained, or controlled by the same corporation, labor organization, person, group of persons, and any parent, subsidiary, branch, division, department, or local unit of any corporation, labor organization, person, or group of persons are affiliated and share a single contribution limit under this section.".


Moved by:    Rozum
Second by:    Qualm
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1074 AS AMENDED

Moved by:    Mickelson
Second by:    Qualm
Action:    Prevailed by roll call vote. (9-4-0-0)

Voting Yes:    Beal, DiSanto, Haggar, Heinemann, Latterell, Mickelson, Peterson (Kent), Rozum, Qualm

Voting No:    Bartling, Hawley, Lust, Rhoden

    HB 1182: provide certain provisions that require the Governor to consult the Legislature before mobilizing the National Guard or law enforcement in certain circumstances.

Presented by:    Representative Bordeaux
Proponents:    Senator Killer
Opponents:    Kristi Turman, Department of Public Safety

MOTION:    DEFER HB 1182 TO THE 41ST LEGISLATIVE DAY

Moved by:    Qualm
Second by:    Mickelson
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Bartling, Beal, DiSanto, Haggar, Hawley, Heinemann, Latterell, Lust, Mickelson, Peterson (Kent), Rozum, Qualm, Rhoden

MOTION:    ADJOURN

Moved by:    Mickelson
Second by:    Qualm
Action:    Prevailed by voice vote.

Pam Kean

____________________________

Committee Secretary
Larry Rhoden, Chair


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