93
rd Legislative Session _ 2018
Committee: House State Affairs
Wednesday, January 24, 2018
P - Present
E - Excused
A - Absent
Roll Call
P Bartling
P Beal
P DiSanto
P Haugaard
P Hawley
P Heinemann
P Latterell
P Lust
P Mickelson
P Peterson (Kent)
E Rozum
P Qualm, Vice-Chair
P Rhoden, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Rhoden, Chair.
MOTION: TO APPROVE THE MINUTES OF JANUARY 22, 2018
Moved by: Heinemann
Second by: Qualm
Action: Prevailed by voice vote.
HB 1105: revise certain provisions regarding the validation of absentee ballot signatures.
Presented by: Representative Lust
Proponents: Julie Pearson, self, Rapid City
MOTION: DO PASS HB 1105
Moved by: Bartling
Second by: DiSanto
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Bartling, Beal, DiSanto, Haugaard, Hawley, Heinemann, Lust, Mickelson, Peterson
(Kent), Qualm, Rhoden
Excused: Latterell, Rozum
MOTION: PLACE HB 1105 ON CONSENT CALENDAR
Moved by: Peterson (Kent)
Second by: Mickelson
Action: Prevailed by voice vote.
HJR 1001: Proposing and submitting to the voters an amendment to the Constitution of the
State of South Dakota, removing the Legislature's authority to set legislator salaries for a
regular legislative session.
Presented by: Representative Mickelson
Proponents: Mitch Richter, Represent Us, South Dakotans for Integrity
Opponents: Rob Timm, Chiesman Center for Democracy (Handout: #1)
MOTION: DO PASS HJR 1001
Moved by: Mickelson
Second by: Qualm
Action: Prevailed by roll call vote. (9-3-1-0)
Voting Yes: Beal, DiSanto, Haugaard, Hawley, Heinemann, Mickelson, Peterson (Kent), Qualm,
Rhoden
Voting No: Bartling, Latterell, Lust
Excused: Rozum
HB 1012: revise certain provisions regarding political party status and to declare an
emergency.
Presented by: Shantel Krebs, Secretary of State
MOTION: AMEND HB 1012
1012fc
On page 1, line 8, of the printed bill, after "cycles" insert ". A party has at least one-half percent
of the total registered voters in this state who have designated such party affiliation on April first of
each even year".
On page 1, between lines 8 and 9, insert:
" Section 2. That § 12-5-1 be amended to read:
12-5-1. A new political party may be organized and participate in the primary election by filing
with the secretary of state not later than the last Tuesday of March at five p.m. prior to the date of the
primary election, a written declaration signed by at least two and one-half percent of the voters of the
state as shown by the total vote cast for Governor at the last preceding gubernatorial election, which
declaration shall contain:
(1) The name of the proposed party; and
(2) A brief statement of the principles thereof;
whereupon the party shall, under the party name chosen, have all the rights of a political party whose
ticket was on the ballot at the preceding general election. No signature on a declaration is valid if the
declaration was signed more than one year prior to filing of the declaration.
A political party loses the right to participate in the primary election for failure to meet the
definition of political party as defined in § 12-1-3. A political party also loses the right to participate
in the primary election if it does not have at least one-half percent of the total registered voters in this
state who have designated such party affiliation on April first of each even year.
The national and state chairperson of a recognized political party may request in writing,
subscribed and sworn to by each chairperson before any officer qualified to administer oaths and take
acknowledgments, to no longer be recognized as a political party. The political party shall also comply
with the requirements for dissolution pursuant to chapter 12-27.
Section 3. That § 12-5-1.5 be amended to read:
12-5-1.5. If a new political party organizing does not have a candidate for United States Senate,
United States House of Representatives, Governor, or Legislature, that new political party may be
organized by filing with the secretary of state not later than July first at five p.m., a written declaration
signed by at least two and one-half percent of the voters of the state as shown by the total vote cast for
Governor at the last preceding gubernatorial election. The declaration shall contain:
(1) The name of the proposed party; and
(2) A brief statement of the principles of the proposed party.
The new political party shall, under the party name chosen, have all the rights of a political party
whose ticket was on the ballot at the preceding general election. No signature on a declaration is valid
if the declaration was signed more than one year prior to filing of the declaration.
A political party loses the right to participate in the primary election for failure to meet the
definition of political party as defined in § 12-1-3. A political party also loses the right to participate
in the primary election if it does not have at least one-half percent of the total registered voters in this
state who have designated such party affiliation on April first of each even year.
The national and state chairperson of a recognized political party may request in writing,
subscribed and sworn to by each chairperson before any officer qualified to administer oaths and take
acknowledgments, to no longer be recognized as a political party. The political party shall also comply
with the requirements for dissolution pursuant to chapter 12-27. ".
Moved by: Mickelson
Second by: Bartling
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND THE PENDING AMENDMENT
1012oa
On page 1, line 8, of the printed bill, after "cycles" insert ". A party has at least one thousand
registered voters in this state who have designated such party affiliation on April first of each even
year".
On page 1, between lines 8 and 9, insert:
" Section 2. That § 12-5-1 be amended to read:
12-5-1. A new political party may be organized and participate in the primary election by filing
with the secretary of state not later than the last Tuesday of March at five p.m. prior to the date of the
primary election, a written declaration signed by at least two and one-half percent of the voters of the
state as shown by the total vote cast for Governor at the last preceding gubernatorial election, which
declaration shall contain:
(1) The name of the proposed party; and
(2) A brief statement of the principles thereof;
whereupon the party shall, under the party name chosen, have all the rights of a political party whose
ticket was on the ballot at the preceding general election. No signature on a declaration is valid if the
declaration was signed more than one year prior to filing of the declaration.
A political party loses the right to participate in the primary election for failure to meet the
definition of political party as defined in § 12-1-3. A political party also loses the right to participate
in the primary election if it does not have at least one thousand registered voters in this state who have
designated such party affiliation on April first of each even year.
The national and state chairperson of a recognized political party may request in writing,
subscribed and sworn to by each chairperson before any officer qualified to administer oaths and take
acknowledgments, to no longer be recognized as a political party. The political party shall also comply
with the requirements for dissolution pursuant to chapter 12-27.
Section 3. That § 12-5-1.5 be amended to read:
12-5-1.5. If a new political party organizing does not have a candidate for United States Senate,
United States House of Representatives, Governor, or Legislature, that new political party may be
organized by filing with the secretary of state not later than July first at five p.m., a written declaration
signed by at least two and one-half percent of the voters of the state as shown by the total vote cast for
Governor at the last preceding gubernatorial election. The declaration shall contain:
(1) The name of the proposed party; and
(2) A brief statement of the principles of the proposed party.
The new political party shall, under the party name chosen, have all the rights of a political party
whose ticket was on the ballot at the preceding general election. No signature on a declaration is valid
if the declaration was signed more than one year prior to filing of the declaration.
A political party loses the right to participate in the primary election for failure to meet the
definition of political party as defined in § 12-1-3. A political party also loses the right to participate
in the primary election if it does not have at least one thousand registered voters in this state who have
designated such party affiliation on April first of each even year.
The national and state chairperson of a recognized political party may request in writing,
subscribed and sworn to by each chairperson before any officer qualified to administer oaths and take
acknowledgments, to no longer be recognized as a political party. The political party shall also comply
with the requirements for dissolution pursuant to chapter 12-27. ".
Moved by: Mickelson
Second by: Qualm
Action: Failed by voice vote.
MOTION: AMEND HB 1012
1012fc
On page 1, line 8, of the printed bill, after "cycles" insert ". A party has at least one-half percent
of the total registered voters in this state who have designated such party affiliation on April first of
each even year".
On page 1, between lines 8 and 9, insert:
" Section 2. That § 12-5-1 be amended to read:
12-5-1. A new political party may be organized and participate in the primary election by filing
with the secretary of state not later than the last Tuesday of March at five p.m. prior to the date of the
primary election, a written declaration signed by at least two and one-half percent of the voters of the
state as shown by the total vote cast for Governor at the last preceding gubernatorial election, which
declaration shall contain:
(1) The name of the proposed party; and
(2) A brief statement of the principles thereof;
whereupon the party shall, under the party name chosen, have all the rights of a political party whose
ticket was on the ballot at the preceding general election. No signature on a declaration is valid if the
declaration was signed more than one year prior to filing of the declaration.
A political party loses the right to participate in the primary election for failure to meet the
definition of political party as defined in § 12-1-3. A political party also loses the right to participate
in the primary election if it does not have at least one-half percent of the total registered voters in this
state who have designated such party affiliation on April first of each even year.
The national and state chairperson of a recognized political party may request in writing,
subscribed and sworn to by each chairperson before any officer qualified to administer oaths and take
acknowledgments, to no longer be recognized as a political party. The political party shall also comply
with the requirements for dissolution pursuant to chapter 12-27.
Section 3. That § 12-5-1.5 be amended to read:
12-5-1.5. If a new political party organizing does not have a candidate for United States Senate,
United States House of Representatives, Governor, or Legislature, that new political party may be
organized by filing with the secretary of state not later than July first at five p.m., a written declaration
signed by at least two and one-half percent of the voters of the state as shown by the total vote cast for
Governor at the last preceding gubernatorial election. The declaration shall contain:
(1) The name of the proposed party; and
(2) A brief statement of the principles of the proposed party.
The new political party shall, under the party name chosen, have all the rights of a political party
whose ticket was on the ballot at the preceding general election. No signature on a declaration is valid
if the declaration was signed more than one year prior to filing of the declaration.
A political party loses the right to participate in the primary election for failure to meet the
definition of political party as defined in § 12-1-3. A political party also loses the right to participate
in the primary election if it does not have at least one-half percent of the total registered voters in this
state who have designated such party affiliation on April first of each even year.
The national and state chairperson of a recognized political party may request in writing,
subscribed and sworn to by each chairperson before any officer qualified to administer oaths and take
acknowledgments, to no longer be recognized as a political party. The political party shall also comply
with the requirements for dissolution pursuant to chapter 12-27. ".
Moved by: Mickelson
Second by: Bartling
Action: Withdrawn.
MOTION: DO PASS HB 1012
Moved by: Mickelson
Second by: Qualm
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Bartling, Beal, DiSanto, Haugaard, Hawley, Heinemann, Latterell, Lust, Mickelson,
Peterson (Kent), Qualm, Rhoden
Excused: Rozum
HB 1081: extend the effective date of certain provisions regarding the recreational use of
nonmeandered water.
Presented by: Representative Qualm
Proponents: Hunter Roberts, Governor's Office
Kelly Hepler, Department of Game, Fish and Parks
Michael Held, South Dakota Farm Bureau (Handout: #2)
Bill VanCamp, South Dakota Retailers Association
Debra Owen, Sioux Fallls Chamber of Commerce
Opponents: Larry Nelson, SD Wildlife Federation
John Simpson, self, Pierre
Paul Lepisto, South Dakota Division Izaak Walton League of America
MOTION: DO PASS HB 1081
Moved by: Mickelson
Second by: Qualm
Action: Prevailed by roll call vote. (11-1-1-0)
Voting Yes: Bartling, Beal, DiSanto, Haugaard, Hawley, Heinemann, Latterell, Mickelson, Peterson
(Kent), Qualm, Rhoden
Voting No: Lust
Excused: Rozum
MOTION: ADJOURN
Moved by: Mickelson
Second by: Qualm
Action: Prevailed by voice vote.
Pam Kean
____________________________
Committee Secretary
Larry Rhoden, Chair
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