90
th Legislative Session _ 2015
Committee: House State Affairs
Friday, March 06, 2015
P - Present
E - Excused
A - Absent
Roll Call
P Bartling
P Bolin
P Haggar (Don)
P Hawley
P Langer
P Mickelson
P Munsterman
P Solum
P Stevens
P Verchio
P Wink
P Westra, Vice-Chair
P Gosch, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Brian G. Gosch, Chair.
MOTION: TO APPROVE THE MINUTES OF WEDNESDAY, MARCH 4, 2015
Moved by: Wink
Second by: Mickelson
Action: Prevailed by voice vote.
SB 135: authorize municipalities to impose an additional sales and use tax for a limited
period of time for a specified use.
Presented by: Representative Scott Munsterman (Handouts: #1)
Proponents: Jim Mehlhaff, City of Pierre
Deb Mortenson, Associated General Contractors Of South Dakota
Tim Reed, Mayor of Brookings
Mark Lee, Sioux Falls Area Chamber Of Commerce
Kwinn Neff, Town of Keystone
Andy Colvin, City of Vermillion
Yvonne Taylor, SD Municipal League (Handouts: #2)
Opponents: David Wiest, Department of Revenue
Bob Riter, National Federation of Independent Business
Mike Held, South Dakota Farm Bureau
Jeremiah M. Murphy, South Dakota Coalition for Responsible Taxation
MOTION: DO PASS SB 135
Moved by: Wink
Second by: Munsterman
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER SB 135 TO THE 41ST LEGISLATIVE DAY
Moved by: Westra
Second by: Langer
Action: Prevailed by roll call vote. (7-6-0-0)
Voting Yes: Bolin, Haggar (Don), Langer, Mickelson, Solum, Westra, Gosch
Voting No: Bartling, Hawley, Munsterman, Stevens, Verchio, Wink
SB 64: revise certain provisions regarding the registration of business names.
Presented by: Tom Deadrick, Deputy Secretary of State
MOTION: DO PASS SB 64
Moved by: Westra
Second by: Solum
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Bartling, Bolin, Haggar (Don), Hawley, Langer, Mickelson, Munsterman, Solum,
Stevens, Verchio, Wink, Westra, Gosch
MOTION: PLACE SB 64 ON CONSENT CALENDAR
Moved by: Westra
Second by: Langer
Action: Prevailed by voice vote.
SB 65: revise certain procedures regarding campaign finance disclosure statements.
Presented by: Shantel Krebs, Secretary of State
MOTION: AMEND SB 65
65oa
On page 2, line 19, of the Senate Local Government Committee engrossed bill, delete
"nominated" and insert "publicly seeking a nomination".
Moved by: Mickelson
Second by: Langer
Action: Prevailed by voice vote.
MOTION: DO PASS SB 65 AS AMENDED
Moved by: Westra
Second by: Mickelson
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Bartling, Bolin, Haggar (Don), Hawley, Langer, Mickelson, Munsterman, Solum,
Stevens, Verchio, Wink, Westra, Gosch
MOTION: PLACE SB 65 ON CONSENT CALENDAR
Moved by: Wink
Second by: Langer
Action: Prevailed by voice vote.
SB 66: revise certain provisions regarding the county renaming process.
Presented by: Shantel Krebs, Secretary of State
MOTION: AMEND SB 66
66sc
On page 2, after line 6 of the Senate Local Government Committee engrossed bill, insert:
" Section 4. That § 7-1-69 be amended to read as follows:
7-1-69. Whenever not less than fifteen percent of the registered voters of any organized county
in this state, based upon the total number of registered voters at the last preceding general election,
shall on or before the first day of July in any general election year, file in the office of county auditor
a petition requesting that the name of such the county be changed and authorizing the county to
appropriate and pay for all local government and state government costs associated with changing
the name of the county, the county auditor shall at the next regular election, submit to the legal voters
of the county on a separate printed ballot the following question:
Shall the name of this county be changed to ____________ and county funds be appropriated
to pay for all local government and state government costs associated with the name change?
All voters in favor of changing the name of such the county and paying for all the local
government and state government costs associated with the name change shall place either a cross
or check mark in the square before the word Yes on the ballot. All voters who do not favor changing
the name of such county and paying for all the local government and state government costs
associated with the name change shall place either a cross or check mark in the square before the
word No on the ballot. All local government and state government costs associated with changing
the name of the county shall be paid by the county from county funds appropriated for that purpose
before the change of the name of the county shall be effective. ".
Moved by: Westra
Second by: Wink
Action: Prevailed by voice vote.
MOTION: DO PASS SB 66 AS AMENDED
Moved by: Wink
Second by: Westra
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Bartling, Bolin, Haggar (Don), Langer, Mickelson, Munsterman, Solum, Stevens,
Verchio, Wink, Westra, Gosch
Excused: Hawley
MOTION: PLACE SB 66 ON CONSENT CALENDAR
Moved by: Wink
Second by: Langer
Action: Prevailed by voice vote.
SB 67: revise certain provisions regarding challenges to certain election petition signatures.
Presented by: Shantel Krebs, Secretary of State
MOTION: AMEND SB 67
67oa
On page 1, line 11, of the printed bill, delete "second" and insert "third".
Moved by: Mickelson
Second by: Solum
Action: Prevailed by voice vote.
MOTION: DO PASS SB 67 AS AMENDED
Moved by: Westra
Second by: Langer
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Bartling, Bolin, Haggar (Don), Hawley, Langer, Mickelson, Munsterman, Solum,
Stevens, Verchio, Wink, Westra, Gosch
MOTION: PLACE SB 67 ON CONSENT CALENDAR
Moved by: Westra
Second by: Langer
Action: Prevailed by voice vote.
SB 68: provide for a random sampling of nominating petition signatures for statewide
offices.
Presented by: Shantel Krebs, Secretary of State
Others: Kea Warne, Deputy Secretary of State, Election Services
MOTION: DO PASS SB 68
Moved by: Westra
Second by: Wink
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Bartling, Bolin, Haggar (Don), Hawley, Langer, Mickelson, Munsterman, Solum,
Stevens, Verchio, Wink, Westra, Gosch
MOTION: PLACE SB 68 ON CONSENT CALENDAR
Moved by: Langer
Second by: Westra
Action: Failed by voice vote.
SB 69: revise certain provisions regarding elections and election petitions.
Presented by: Shantel Krebs, Secretary of State
Opponents: Lee Baron, Pierre, self
Jay Davis, Rapid City, self
Others: Kea Warne, Deputy Secretary of State, Election Services
MOTION: AMEND SB 69
69fi
On page 3, line 19, of the Senate engrossed bill, after "party" insert "and voters registered as
other".
On page 4, line 6, after "party" insert "and voters registered as other".
On page 5, line 13, after "affiliation" insert "or voters registered as other".
On page 11, line 9, overstrike "January" and insert "December".
On page 11, line 9, overstrike "at 8:00 a.m.".
On page 11, delete lines 21 to 24, inclusive, and insert:
" Section 20. That § 12-1-3 be amended by adding thereto NEW SUBDIVISIONS to read as
follows:
"Independent" or "no party affiliation," any voter who writes Independent, I, Ind, the field is
blank, no party affiliation, no party, no choice, nonpartisan, or line crossed off in the Choice of Party
field on the voter registration form;
"Other," any voter who writes any other nonrecognized political party in the Choice of Party field
on the voter registration form.".
On page 12, delete lines 1 to 24, inclusive.
On page 13, delete lines 1 and 2.
Moved by: Hawley
Second by: Bartling
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND SB 69
69fm
On page 12, line 12, of the Senate engrossed bill, delete "that was diagnosed after the petition
filing".
On page 12, line 15, delete "by at least" and insert ";".
On page 12, delete line 16.
On page 12, line 21, after "office," insert "it has been determined that the party candidate's
employment conflicts by law with the duties of the office sought,".
Moved by: Mickelson
Second by: Wink
Action: Prevailed by voice vote.
MOTION: AMEND SB 69
69fl
On page 3, line 19, of the Senate engrossed bill, after "
party" insert "
and voters registered as
other".
On page 4, line 6, after "party" insert "and voters registered as other".
On page 5, line 13, after "affiliation" insert "or voters registered as other".
On page 11, line 9, overstrike "January" and insert "December".
On page 11, line 9, overstrike "at 8:00 a.m.".
On page 13, after line 2, insert:
" Section 22. That § 12-1-3 be amended by adding thereto NEW SUBDIVISIONS to read as
follows:
"Independent" or "no party affiliation," any voter who writes Independent, I, Ind, the field is
blank, no party affiliation, no party, no choice, nonpartisan, or line crossed off in the Choice of Party
field on the voter registration form;
"Other," any voter who writes any other nonrecognized political party in the Choice of Party field
on the voter registration form.".
Moved by: Mickelson
Second by: Langer
Action: Prevailed by voice vote.
MOTION: AMEND SB 69
69fj
On page 1, line 10, of the Senate engrossed bill, delete "last Tuesday of March" and insert "last
first Tuesday of March".
On page 1, line 11, delete "February".
On page 1, remove the overstrikes from lines 11 to 13, inclusive.
On page 2, delete line 12, and insert "p.m., the last first Tuesday of March prior to the date of
the primary election. If a petition".
On page 2, remove the overstrikes from line 13.
On page 2, line 13, overstrike "last" and insert "first".
On page 2, remove the overstrikes from line 14.
On page 2, line 21, delete "sixty-five" and insert "fifty-eight".
On page 2, line 24, delete "last Tuesday in March February" and insert "last first Tuesday in
March".
On page 5, remove the overstrikes from lines 8 and 9.
On page 6, line 6, delete "last Tuesday in March February" and insert "last first Tuesday in
March".
On page 6, remove the overstrikes from lines 9 and 10.
On page 6, line 10, overstrike "last" and insert "first".
On page 6, line 13, delete "last Tuesday in March February" and insert "last first Tuesday in
March".
On page 6, line 18, delete "last Tuesday in March February" and insert "last first Tuesday in
March".
On page 7, line 6, delete "last Tuesday in March February" and insert "last first Tuesday in
March".
On page 8, delete line 1, and insert "after the last first Tuesday in March at five p.m. If the
request is mailed by registered mail".
On page 8, remove the overstrikes from line 2.
On page 8, line 2, overstrike "last" and insert "first".
On page 8, line 8, delete "last Tuesday in March February" and insert "last first Tuesday in
March".
On page 8, remove the overstrikes from lines 20 and 21.
On page 9, remove the overstrikes from lines 10 and 11.
On page 10, remove the overstrikes from lines 4 to 6, inclusive.
On page 10, line 5, delete "last Friday in February" and insert "last first Friday in February
March".
On page 10, remove the overstrikes from line 24.
On page 10, line 24, overstrike "last" and insert "first".
On page 11, remove the overstrikes from line 1.
On page 11, remove the overstrikes from lines 11 and 12.
Moved by: Mickelson
Second by: Munsterman
Action: Prevailed by voice vote.
MOTION: AMEND THE PENDING AMENDMENT
69on
On the pending amendment, (69fj), delete the page 2, line 21 instruction.
Moved by: Munsterman
Second by: Westra
Action: Prevailed by voice vote.
MOTION: DO PASS SB 69 AS AMENDED
Moved by: Langer
Second by: Solum
Action: Prevailed by roll call vote. (10-3-0-0)
Voting Yes: Bolin, Haggar (Don), Langer, Mickelson, Munsterman, Solum, Stevens, Wink,
Westra, Gosch
Voting No: Bartling, Hawley, Verchio
MOTION: ADJOURN
Moved by: Mickelson
Second by: Langer
Action: Prevailed by voice vote.
Glenda Woodburn
____________________________
Committee Secretary
Brian G. Gosch, Chair
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