92
nd Legislative Session _ 2017
Committee: House State Affairs
Wednesday, February 15, 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 13, 2017
Moved by: Qualm
Second by: Haggar
Action: Prevailed by voice vote.
HB 1141: provide for a legislative task force to consider certain legislation proposed to
revise provisions regarding the initiative and referendum process in South Dakota.
Presented by: Representative Lust
MOTION: AMEND HB 1141
1141wa
On page 1 of the printed bill, delete lines 6 to 14, inclusive, and insert:
"
There is hereby established an Initiative and Referendum Task Force comprised of fifteen
members to study possible changes to the process regarding initiated measures and referred laws.
The task force shall consist of the following members:
(1) Three members of the House of Representatives to be appointed by the speaker of the
House, two of whom to be members of the Republican party and one of whom to be a
member of the Democrat party;
(2) Three members of the Senate to be appointed by the president pro tempore, two of whom
to be members of the Republican party and one of whom to be a member of the Democrat
party;
(3) The secretary of state, serving ex officio and without a vote;
(4) The attorney general, serving ex officio and without a vote;
(5) One member to be appointed by the Governor;
(6) Two members of the Board of Elections;
(7) One member to be appointed by the speaker of the House who is a faculty member of a
political science department of a college or university in the state;
(8) One member who is a representative of the South Dakota Chamber of Commerce;
(9) One member who is a representative of the South Dakota Municipal League; and
(10) One member who is a representative of the South Dakota Association of County
Commissioners.
If there is a vacancy on the task force, the vacancy shall be filled in the same manner as the
original appointment under this Act.".
On page 2 of the printed bill, delete lines 1 and 2.
Moved by: Qualm
Second by: Haggar
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1141 AS AMENDED
Moved by: Haggar
Second by: Qualm
Action: Prevailed by roll call vote. (10-1-2-0)
Voting Yes: Beal, DiSanto, Haggar, Heinemann, Latterell, Lust, Peterson (Kent), Rozum, Qualm,
Rhoden
Voting No: Hawley
Excused: Bartling, Mickelson
HB 1072: repeal and revise certain provisions relating to permits to carry a concealed pistol.
Presented by: Representative DiSanto (Handouts: #1)
Proponents: Daniel Hall, National Rifle Association of America
Dudley Brown, Windsor, Colorado, self
Shantel Krebs, Secretary of State
Opponents: Matt Konenkamp, Governor's Office
Paul Bachand, SD States Attorneys Association
Tim Doyle, South Dakota Fraternal Order of Police
Mike Leidtholt, Pierre, self
Staci Ackerman, South Dakota Sheriff's Association
Lori Martinec, SD Police Chiefs' Association (Handouts: #2)
MOTION: AMEND HB 1072
1072wa
On page 3, line 22, of the printed bill, remove the overstrikes from "A temporary".
On page 3, line 22, delete "An".
On page 4, delete lines 23 and 24.
On page 5, delete lines 1 to 5, inclusive.
On page 5, line 12, delete "
The secretary of state may enter into reciprocity agreements with
any".
On page 5, line 13, delete "other state.".
On page 5, line 19, delete "temporary" and insert "temporary optional".
On page 5, line 23, delete "any" and insert "an".
On page 6, line 16, delete "optional".
On page 8, after line 18, insert:
"
Section 20. That chapter 23-7 be amended by adding a NEW SECTION to read:
No person under the age of eighteen years of age may carry a concealed pistol except in the
presence of a parent or legal guardian.".
Moved by: Haggar
Second by: Latterell
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1072 AS AMENDED
Moved by: Latterell
Second by: Qualm
Action: Prevailed by roll call vote. (7-6-0-0)
Voting Yes: Beal, DiSanto, Haggar, Heinemann, Latterell, Qualm, Rhoden
Voting No: Bartling, Hawley, Lust, Mickelson, Peterson (Kent), Rozum
HB 1165: provide for annually updated financial interest statements for any person elected
to federal, statewide, or local office.
Presented by: Representative Jamison
Proponents: Yvonne Taylor, SD Municipal League
MOTION: AMEND HB 1165
1165fb
On page 1 of the printed bill, remove the overstrikes from line 15.
On page 2, delete line 1, and insert "students, or commissioner, councilman, or mayor in
municipalities of the first class, shall within".
On page 2, line 23, remove the overstrikes from "in a school".
On page 2, remove the overstrikes from line 24.
On page 3, remove the overstrikes from line 1.
Moved by: Haggar
Second by: Latterell
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1165 AS AMENDED
Moved by: Bartling
Second by: Beal
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Bartling, Beal, DiSanto, Haggar, Hawley, Heinemann, Latterell, Lust, Peterson
(Kent), Rozum, Qualm, Rhoden
Excused: Mickelson
MOTION: PLACE HB 1165 ON CONSENT CALENDAR
Moved by: Haggar
Second by: Latterell
Action: Prevailed by voice vote.
HB 1074: provide for limits on certain out-of-state contributions to ballot question
committees.
Presented by: Representative Gosch
Proponents: Tony Vanhuizen, Governor's Office
Will Mortenson, Mickelson & Company, LLC
Representative Mickelson
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.
MOTION: SUBSTITUTE MOTION AMEND HB 1074
1074oa
On page 1 of the printed bill, delete lines 5 to 8, inclusive, and insert:
"
Contributions to a statewide ballot question committee, political action committee, candidate
campaign committee, or political party 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: Hawley
Second by: Bartling
Action: Failed by voice vote.
THE MOTION TO 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: Prevailed by voice vote.
MOTION: DO PASS HB 1074 AS AMENDED
Moved by: Mickelson
Second by: Qualm
Action: Prevailed by roll call vote. (9-4-0-0)
Voting Yes: Beal, DiSanto, Haggar, Heinemann, Latterell, Mickelson, Peterson (Kent), Rozum,
Qualm
Voting No: Bartling, Hawley, Lust, Rhoden
HB 1182: provide certain provisions that require the Governor to consult the Legislature
before mobilizing the National Guard or law enforcement in certain circumstances.
Presented by: Representative Bordeaux
Proponents: Senator Killer
Opponents: Kristi Turman, Department of Public Safety
MOTION: DEFER HB 1182 TO THE 41
ST LEGISLATIVE DAY
Moved by: Qualm
Second by: Mickelson
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Bartling, Beal, DiSanto, Haggar, Hawley, Heinemann, Latterell, Lust, Mickelson,
Peterson (Kent), Rozum, Qualm, Rhoden
MOTION: ADJOURN
Moved by: Mickelson
Second by: Qualm
Action: Prevailed by voice vote.
Pam Kean
____________________________
Committee Secretary
Larry Rhoden, Chair
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