92nd Legislative Session _ 2017

Committee: House State Affairs
Monday, February 13, 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 8, 2017

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

    HB 1099: require a sentence of life imprisonment for certain persons with severe mental illness and to provide for a determination of severe mental illness in those cases.

Presented by:    Representative Johns
Proponents:    Senator Rusch (Handouts: #1)
        Mark Perrenoud, Rapid City, self


        Gerard Jacobs, Vermillion, self
        Traci Smith, Sioux Falls, self
Opponents:    Marty Jackley, Attorney General
        Mark Vargo, Rapid City, self
        Aaron McGowen, Sioux Falls, self
        Paul Bachand, SD States Attorneys Association

MOTION:    AMEND HB 1099

1099ca

    On page 2, line 16, of the printed bill, delete "Department of Corrections" and insert "appropriate jurisdiction in which the defendant is being held pending trial, unless the defendant is otherwise released on bond".

    On page 4, line 6, delete "psychiatrist, clinical psychologist, or licensed psychiatric social worker" and insert "psychiatrist or clinical psychologist".


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

MOTION:    DEFER HB 1099 TO THE 41ST LEGISLATIVE DAY

Moved by:    Haggar
Second by:    Qualm
Action:    Prevailed by roll call vote. (8-4-1-0)

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

Voting No:    Bartling, Hawley, Heinemann, Lust

Excused:    DiSanto

    HB 1093: revise certain definitions relating to employment and workers compensation.

Presented by:    Representative Haggar
Proponents:    Mike Shaw, South Dakota Association of Construction Component of Supplies and Manufactures
        Tom Kelley, Sioux Falls, self
        Jeff Thue, Sioux Falls, self
        Brett McManigal, Rapid City, self
        David Owen, SD Chamber of Commerce & Industry
        Mark Lee, Sioux Falls Area Chamber of Commerce
        Deb Mortenson, Associated General Contractors of South Dakota
        Tim Dougherty, South Dakota Home Builders Association
Opponents:    Jeff Sveen, Association of Hutterian Brethren Churches Inc. (Handouts: #2)
        Representative Kaiser
        Senator White
        Marty Jackley, Attorney General
        Representative Greenfield (Lana)
        Representative Gosch
        Representative Schoenfish

MOTION:    DO PASS HB 1093

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

MOTION:    SUBSTITUTE MOTION DEFER HB 1093 TO THE 41ST LEGISLATIVE DAY

Moved by:    Heinemann
Second by:    Qualm
Action:    Prevailed by roll call vote. (8-5-0-0)

Voting Yes:    Bartling, Beal, DiSanto, Heinemann, Latterell, Peterson (Kent), Qualm, Rhoden

Voting No:    Haggar, Hawley, Lust, Mickelson, Rozum

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

Presented by:    Representative Gosch

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.

        THE CHAIR DEFERRED HB 1074

    HB 1129: limit the information obtained during an application for a driver license or nondriver identification card that is contained in a database.

Presented by:    Representative Frye-Mueller (Handouts: #3)
Opponents:    Jenna Howell, Department of Public Safety
        Bill Nevin, Department of Transportation
        Greg Sattizahn, Unified Judicial System
        Gail Stoltenburg, Department of Social Services
        Lori Martinec, SD Police Chiefs' Association
        Staci Ackerman, South Dakota Sheriff's Association

MOTION:    AMEND HB 1129

1129bb

    On page 1, line 6 of the printed bill, after "Safety" insert "and the Office of the Secretary of State".

    On page 2, line 5, delete everything after ".".

    On page 2, delete line 6.

    On page 2, after line 10, insert:

"    Section 5. That the code be amended by adding a NEW SECTION to read:

    Sections 1 to 4, inclusive, of this Act are repealed when the United States federal government creates a federal identification card that all United States citizens may apply for and any information obtained in the issuance of a federal identification card is maintained solely by the United States government.".


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

MOTION:    DEFER HB 1129 TO THE 41ST LEGISLATIVE DAY

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

Voting Yes:    Bartling, Beal, Hawley, Lust, Mickelson, Peterson (Kent), Rozum

Voting No:    DiSanto, Haggar, Heinemann, Latterell, Qualm, Rhoden

        THE CHAIR DEFERRED HB 1141

MOTION:    ADJOURN

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

Pam Kean

____________________________

Committee Secretary
Larry Rhoden, Chair


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