Senate State Affairs Minutes 2/3/2017 10:00 AM

92^nd Legislative Session _ 2017

Committee: Senate State Affairs

Friday, February 03, 2017

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bolin
P    Curd
P    Heinert
P    Langer
P    Maher
P    Novstrup
P    Sutton
P    Netherton, Vice-Chair
P    Ewing, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Bob Ewing, Chair.

MOTION:    TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 01, 2017

Moved by:    Netherton
Second by:    Maher
Action:    Prevailed by voice vote.

MOTION:    INTRODUCE A BILL AT THE REQUEST OF THE COMMITTEE ON STATE AFFAIRS ENTITLED:

AN ACT TO REVISE CERTAIN PROVISIONS REGARDING THE PARTICIPATION OF HOME SCHOOL STUDENTS IN CERTAIN INTERSCHOLASTIC ACTIVITIES.

Moved by:    Maher
Second by:    Curd
Action:    Prevailed by voice vote.

MOTION: INTRODUCE A BILL AT THE REQUEST OF THE COMMITTEE ON STATE AFFAIRS ENTITLED:

AN ACT TO ACCOMMODATE LEGISLATION RELATING TO THE PROTECTION OF THE PUBLIC SAFETY.

Moved by:    Maher
Second by:    Curd
Action:    Prevailed by voice vote.

The gavel was passed to Vice Chair, Netherton.

    SB 74: exempt the elected members of the governing board of any federally recognized Indian tribe from the requirement to register as lobbyists.

Presented by:    Senator Heinert
Proponents:    Steve Emery, Department of Tribal Relations
        Shantel Krebs, Secretary of State
        Bob Wilcox, South Dakota Association of County Commissioners

MOTION:    DO PASS SB 74

Moved by:    Sutton
Second by:    Maher
Action:    Prevailed by roll call vote. (8-0-1-0)

Voting Yes:    Bolin, Curd, Heinert, Maher, Novstrup, Sutton, Netherton, Ewing

Excused:    Langer

The gavel was returned to the Chair.

    SB 106: enhance South Dakota.

Presented by:    Senator Maher

MOTION:    DO PASS SB 106

Moved by:    Netherton
Second by:    Maher
Action:    Prevailed by roll call vote. (8-0-1-0)

Voting Yes:    Bolin, Curd, Heinert, Maher, Novstrup, Sutton, Netherton, Ewing

Excused:    Langer

MOTION:    PLACE SB 106 ON CONSENT CALENDAR

Moved by:    Curd
Second by:    Netherton
Action:    Prevailed by voice vote.

    SB 131: revise certain provisions concerning the period of time elected officials are prohibited from lobbying after leaving office.

Presented by:    Senator Curd
Others:    Shantel Krebs, Secretary of State, responded to committee questions.

MOTION:    AMEND SB 131

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. That section 32 of HB 1069 as previously enacted by the Ninety-second Legislature be amended to read:

Section 32. That § 2-12-8.2 be amended to read:

2-12-8.2. No elected officer may act or register as a lobbyist, other than a public employee lobbyist, during a period of ~~one year~~ two years after the officer's termination of service in the state government. A violation of this section is a Class 1 misdemeanor. "

Moved by:    Maher
Second by:    Sutton
Action:    Prevailed by voice vote.

THE MOTION TO AMEND THE PENDING AMENDMENT

On the previously adopted amendment (131fa), on the first line, overstrike "may" and insert ", appointed officer, state agency or division director, or the highest paid aide, employee, or staff

person reporting to any of the foregoing may be compensated,"

Moved by:    Sutton
Second by:    Heinert
Action:    PREVAILED BY VOICE VOTE.

MOTION:    DO PASS SB 131 AS AMENDED

Moved by:    Netherton
Second by:    Heinert
Action:    Was not acted on.

MOTION:    DEFER SB 131 UNTIL MONDAY, FEBRUARY 6, 2017

Moved by:    Curd
Second by:    Heinert
Action:    Prevailed by voice vote.

    SB 77: provide for a fiscal note for any initiated measure or initiated amendment to the Constitution that would have a fiscal impact on the state.

Presented by:    Senator Otten (Ernie)
Proponents:    Shantel Krebs, Secretary of State
Opponents:    Mark Winegar, self, Vermillion
        Doug Kronaizl, Represent Us
        John Fiksdal, Sioux Falls, self

MOTION: AMEND SB 77

On page 1, line 11, of the printed bill, after "notice" insert "of all cost estimates and fiscal notes prepared pursuant to § 2-1-1.1, 2-1-1.2 or 2-1-3.1".

On page 1, delete line 12, and insert "initiated measure, initiated amendment to the Constitution, or referred law may have an impact on revenues,".

On page 1, line 13, delete "No sponsor of an" and insert "The director of the Legislative Research Council shall prepare the fiscal note for a ballot initiative or referred law. The director shall provide the sponsor of the ballot initiative or referred law with the fiscal note, if applicable, prior to the petitions for the ballot initiative or referred law being submitted and approved by the secretary

of state before the sponsor can begin circulating. The fiscal note may not exceed fifty words. The director shall file a fiscal note for a ballot initiative with the sponsor and the secretary of state within sixty days of the receipt of the sponsor's drafted ballot language. If a fiscal note was prepared for a bill that is being referred, the director shall submit the summary to the secretary of state within five days of the secretary of state's request of the summary.".

On page 1, delete lines 14 and 15, inclusive.

On page 2, delete line 1.

On page 2, line 7, delete "two hundred" and insert "fifty".

On page 4, after line 13, insert:

" Section 6. That § 2-1-1.1 be amended to read:

2-1-1.1. The petition as it is to be circulated for an initiated constitutional amendment shall be filed with the secretary of state prior to circulation for signatures and shall:

(1) Contain the full text of the initiated constitutional amendment;

(2) Contain the date of the general election at which the initiated constitutional amendment is to be submitted;

(3) Contain the title and explanation as prepared by the attorney general;

(4) Be accompanied by a notarized affidavit form signed by each person who is a petition sponsor that includes the name and address of each petition sponsor; and

(5) Be accompanied by a statement of organization as provided in § 12-27-6.

The petition circulator shall provide to each person who signs the petition a form containing the title and explanation of the initiated constitutional amendment as prepared by the attorney general; any fiscal note prepared; the name, phone number, and email address of each petition sponsor; and a statement whether the petition circulator is a volunteer or paid petition circulator and, if a paid circulator, the amount the circulator is being paid. The form shall be approved by the secretary of state prior to circulation.

For any initiated constitutional amendment petition, no signature may be obtained more than twenty-four months preceding the general election that was designated at the time of filing of the full text. The initiated constitutional amendment petition shall be filed with the secretary of state at least one year before the next general election. A notarized affidavit form, signed by at least two-thirds

of the petition sponsors, stating that the documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the secretary of state. The form of the petition and affidavit shall be prescribed by the State Board of Elections. ".

Section 7. That § 2-1-1.2 be amended to read:

2-1-1.2. The petition as it is to be circulated for an initiated measure shall be filed with the secretary of state prior to circulation for signatures and shall:

(1) Contain the full text of the initiated measure;

(2) Contain the date of the general election at which the initiated measure is to be submitted;

(3) Contain the title and explanation as prepared by the attorney general;

(4) Be accompanied by a notarized affidavit form signed by each person who is a petition sponsor that includes the name and address of each petition sponsor; and

(5) Be accompanied by a statement of organization as provided in § 12-27-6.

The petition circulator shall provide to each person who signs the petition a form containing the title and explanation of the initiated measure as prepared by the attorney general; any fiscal note prepared; the name, phone number, and email address of each petition sponsor; and a statement whether the petition circulator is a volunteer or paid petition circulator and, if a paid circulator, the amount the circulator is being paid. The form shall be approved by the secretary of state prior to circulation.

For any initiated measure petition, no signature may be obtained more than twenty-four months preceding the general election that was designated at the time of filing of the full text. The initiated measure petition shall be filed with the secretary of state at least one year before the next general election. A notarized affidavit form, signed by at least two-thirds of the petition sponsors, stating that the documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the secretary of state. The form of the petition and affidavit shall be prescribed by the State Board of Elections.

Section 8. That § 2-1-3.1 be amended to read:

2-1-3.1. The petition as it is to be circulated for a referred law shall be filed with the secretary of state prior to circulation for signatures and shall:

(1) Contain the title of the referred law;

(2) Contain the effective date of the referred law;

(3) Contain the date of the general election at which the referred law is to be submitted;

(4) Be accompanied by a notarized form that includes the names and addresses of the petition sponsors; and

(5) Be accompanied by a statement of organization as provided in § 12-27-6.

The petition shall be filed with the secretary of state within ninety days after the adjournment of the Legislature which passed the referred law. A sworn affidavit, signed by at least two-thirds of the petition sponsors, stating that the documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the secretary of state. The form of the petition and affidavit shall be prescribed by the State Board of Elections.

    The petition circulator shall provide to each person who signs the petition a form containing the title of the referred law; any fiscal note prepared; the name, phone number, and email address of each petition sponsor; and a statement whether the petition circulator is a volunteer or paid petition circulator and, if a paid circulator, the amount the circulator is being paid. The form shall be approved by the secretary of state prior to circulation.

Moved by:    Maher
Second by:    Netherton
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 77 AS AMENDED

Moved by:    Maher
Second by:    Netherton
Action:    Prevailed by roll call vote. (6-2-1-0)

Voting Yes:    Bolin, Curd, Maher, Novstrup, Netherton, Ewing

Voting No:    Heinert, Sutton

Excused:    Langer

MOTION:    AMEND TITLE OF SB 77

On page 1, line 1, of the printed bill, after "measure" delete "or" and insert ",".

On page 1, line 2, after "Constitution" insert ", or referred law".

Moved by:    Netherton
Second by:    Curd
Action:    Prevailed by voice vote.

MOTION:    ADJOURN

Moved by:    Curd
Second by:    Netherton
Action:    Prevailed by voice vote.

Glenda Woodburn

____________________________

Committee Secretary

Bob Ewing, Chair

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