90
th Legislative Session _ 2015
Committee: Senate State Affairs
Wednesday, January 28, 2015
P - Present
E - Excused
A - Absent
Roll Call
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Tim Rave, Chair .
MOTION: TO APPROVE THE MINUTES OF JAN. 26, 2015
Moved by: Holien
Second by: Solano
Action: Prevailed by voice vote.
SB 71: continue the Jolene's Law Task Force for an additional year, revise the membership
of the task force, and to declare an emergency.
Presented by: Senator Deb Soholt (Handouts: #1)
Proponents: Representative Peggy Gibson
Casey Murschel, Child Advocacy Center of SD
Jolene Loetscher, Self
Dale Bartscher, Family Heritage Alliance
Dianna Miller, SD Counseling Association, Sioux Falls
Colleen Winter, Department of Health
Matt Krogman, SD Voices for Children Against Family Violence
Melody Schopp, Secretary Department of Education
Deb Fischer Clemens, Avera
Virgena Wieseler, Department of Social Services
Opponents: None
MOTION: DO PASS SB 71
Moved by: Soholt
Second by: Sutton
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Holien, Hunhoff (Bernie), Lederman, Otten (Ernie), Soholt, Solano, Sutton, Brown,
Rave
SB 70: require that a mandatory child abuse reporter be present and available to answer
questions when the initial report regarding abuse or neglect is made to authorities.
Presented by: Senator Deb Soholt
Proponents: Hollie Strand, Self
Cameron Corey, Department of Criminal Investigation (Handouts: #2)
Michael Moore, Self
Virgena Wieseler, Department of Social Services
Casey Murschel, Child Advocacy Center of SD
Matt Krogman, SD Voices for Children Against Family Violence
Deb Fischer Clemens, Avera
Opponents: None
MOTION: AMEND SB 70
70ra
On page 1, line 10, of the printed bill, after "of" insert "the".
On page 1, line 10, delete "present and".
Moved by: Solano
Second by: Holien
Action: Prevailed by voice vote.
MOTION: DO PASS SB 70 AS AMENDED
Moved by: Soholt
Second by: Holien
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Holien, Hunhoff (Bernie), Lederman, Otten (Ernie), Soholt, Solano, Sutton, Brown,
Rave
MOTION: AMEND TITLE OF SB 70
70rtb
On page 1, line 1, of the printed bill, delete everything after "that" and insert "the mandatory
reporter who witnessed the disclosure or evidence of child abuse or neglect be available to answer
questions when the initial report is made.".
On page 1, delete lines 2 and 3.
Moved by: Solano
Second by: Holien
Action: Prevailed by voice vote.
SB 69: revise certain provisions regarding elections and election petitions.
Presented by: Senator Corey Brown
MOTION: AMEND SB 69
69fd
On page 10, after line 19 of the printed bill, insert:
" Section 18. That § 12-6-56 be amended to read as follows:
12-6-56. If a vacancy occurs by reason of a death or a withdrawal as authorized by section 19 of
this Act after a primary election, a party candidate for public office may be replaced by a new
nominee if a meeting of the appropriate party central committee is held and the results are certified
to the appropriate official within the times prescribed by § 12-8-6. If the vacancy is a party candidate
for presidential elector or statewide office, the vacancy shall be filled by the State Party Central
Committee. If the vacancy is a party candidate for public office other than presidential elector or
statewide office, the vacancy shall be filled by a vote of county party central committee members in
attendance who reside in the affected district.
Section 19. That chapter 12-6 be amended by adding thereto a NEW SECTION to read as
follows:
If a party candidate for public office withdraws after filing petitions with the secretary of state,
the appropriate party central committee may make a replacement nominee only if:
(1) The party candidate:
(a) Withdraws because of personal illness or illness of an immediate family member
that was diagnosed after the petition filing and the illness prevents the candidate
from performing the duties of the office sought; and
(b) Files with the withdrawal request a certificate describing the illness and signed by
at least two licensed physicians;
(2) There is no other nominee for the office sought by the withdrawing candidate as of the
time of the withdrawal;
(3) The party candidate has been elected or appointed to fill a vacancy in another elective
office which duties conflict by law with the duties of the office sought, has become the
nominee for another elective office, or is deceased; or
(4) The party candidate permanently moves from his or her physical address stated in the
nominating petition filed with the secretary of state, and swears and certifies under oath
before the secretary of state that the candidate has not resided in the district for a period
of thirty consecutive calendar days and has no intention of resuming residency in the
district."
Moved by: Brown
Second by: Lederman
Action: Prevailed by voice vote.
MOTION: AMEND SB 69
69oc
On page 10, after line 19 of the printed bill, insert:
" Section 18. That chapter 12-6 be amended by adding thereto a NEW SECTION to read as
follows:
If no candidate submits petitions as a candidate for a legislative office from a recognized political
party, the central committee members of the political party of the county or counties of that
legislative district may elect a candidate, and that candidate may be appointed by the state party chair
by the second Tuesday of June.".
Moved by: Hunhoff (Bernie)
Second by: Sutton
Action: Failed by roll call vote. (7-2-0-0)
Voting Yes: Hunhoff (Bernie), Lederman, Otten (Ernie), Soholt, Solano, Brown, Rave
Voting No: Holien, Sutton
MOTION: AMEND SB 69
69oh
On page 6, line 4, of the printed bill, overstrike "primary election by".
On page 6, line 5, before "submitting" insert "general election, but not the primary election, by".
On page 6, line 5, overstrike "last" and insert "second".
On page 6, line 5, delete "February" and insert "June".
On page 6, line 6, overstrike "prior to the date of the primary election".
On page 6, line 14, after "party" insert "that nominates all its nominees for public office by
convention".
On page 6, line 14, overstrike "primary" and insert "general".
On page 6, between lines 19 and 20, insert:
" Section 11. That § 12-5-1.1 be amended to read as follows:
12-5-1.1. A political party shall adopt a Constitution constitution or a set of bylaws to govern its
organization and the conduct of its affairs and exercise thereunder any power not inconsistent with
laws of this state. The party central committee shall certify to and file with the secretary of state a
copy of the document and amendments thereof within thirty days of their approval. If a new political
party pursuant to § 12-5-1 is permitted to nominate candidates for all federal, state, and county
partisan office by convention, the secretary of state may not accept the bylaws of the political party
unless the bylaws provide that no convention delegate may participate in any convention nomination
unless that delegate is eligible to vote for that nominee in the upcoming general election.
Section 12. That § 12-5-21 be amended to read as follows:
12-5-21. The state convention shall nominate candidates for lieutenant governor, attorney
general, secretary of state, state auditor, state treasurer, commissioner of school and public lands, and
public utilities commissioner and in the years when a President of the United States is to be elected,
presidential electors and national committeeman and national committeewoman of the party. Any
new party that pursuant to § 12-5-1 submitted a written declaration signed by at least two and one-half percent of the voters as shown by the total vote cast for Governor at the last preceding
gubernatorial election after the second Tuesday in February, but on or before the second Tuesday in
June, shall nominate all its candidates for federal and partisan state and county office at the state
convention. ".
Moved by: Hunhoff (Bernie)
Second by: Sutton
Action: Failed by voice vote.
MOTION: AMEND SB 69
69ca
On page 3, line 23, of the printed bill, overstrike "may not".
On page 3, line 23, overstrike "either".
On page 3, line 24, after "nominating" insert "for".
On page 3, line 24, overstrike "or a nonpolitical".
On page 3, line 24, overstrike "if the person has not".
On page 4, line 1, overstrike everything before "." .
Moved by: Otten (Ernie)
Second by: Holien
Action: Prevailed by voice vote.
MOTION: AMEND SB 69
69fe
On page 4, line 12, of the printed bill, overstrike "total combined vote cast for Governor at the
last certified gubernatorial election" and insert "voters registered as an independent".
On page 10, line 12, overstrike "total combined vote cast for Governor at the" and insert "voters
registered as an independent".
On page 10, line 13, overstrike everything before "within" .
Moved by: Brown
Second by: Lederman
Action: Prevailed by voice vote.
MOTION: DO PASS SB 69 AS AMENDED
Moved by: Brown
Second by: Holien
Action: Prevailed by roll call vote. (7-2-0-0)
Voting Yes: Holien, Lederman, Otten (Ernie), Soholt, Solano, Brown, Rave
Voting No: Hunhoff (Bernie), Sutton
MOTION: ADJOURN
Moved by: Otten (Ernie)
Second by: Brown
Action: Prevailed by voice vote.
Theresa Riggs
____________________________
Committee Secretary
Tim Rave, Chair
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