92
nd Legislative Session _ 2017
Committee: Senate State Affairs
Wednesday, February 22, 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 15, 2017 (3:00
PM)
Moved by: Netherton
Second by: Langer
Action: Prevailed by voice vote.
SB 176: accommodate legislation relating to the protection of the public safety.
Presented by: Matt Konenkamp, Governor's Office
Proponents: Steve Emery, Department of Tribal Relations
David Svendsen, Department of Public Safety
Roger Tellinghuisen, South Dakota Association of County Commissioners
Bryan Gortmaker, Department of Criminal Investigation
Ryan Brunner, School and Public Lands
Jeremiah Murphy, South Dakota Stock Growers
Opponents: Libby (Elizabeth) Skarin, ACLU
Harold C. Frazier, Eagle Butte, self
Rebecca Terk, Dakota Rural Action
Jason Cooke, Wagner, self
Jody Zephier, Wagner, self
Faith Spotted Eagle, Lake Andes, self
Brandon J Sazue Sr., Fort Thompson, self
MOTION: AMEND SB 176
176ob
On the previously adopted amendment (176oa), in section 2, subdivision (5), after "safety"
insert "zone".
On the previously adopted amendment (176oa), after section 10, insert:
" Section 11. The provisions of this Act are repealed on July 1, 2020.".
Moved by: Curd
Second by: Langer
Action: Prevailed by voice vote.
MOTION: AMEND THE PENDING AMENDMENT
176fb
On the previously adopted amendment (176oa), delete section 1 and insert:
" Section 1. That § 34-48A-5 be amended to read:
34-48A-5. In the event of disaster, war, act of terrorism as defined in state law, or emergency that
is beyond local government capability, the Governor:
(1) May assume direct operational control over all or any part of the emergency management
functions within the state which may affect all or any portion of the state;
(2) May declare an emergency or disaster to exist in the stricken area and employ emergency
management to assist local authorities to affect relief and restoration;
(3) May call upon and use any facilities, equipment, other nonmedical supplies, and resources
available from any source, other than personal or private funds, in order to carry out the
purposes of this chapter by contributing to the expense incurred in providing relief in such
amounts as the Governor shall determine. However, nothing in this subdivision may be
construed to authorize the taking of firearms, as defined in subdivision 22-1-2(16),
without the consent of the owner;
(4) May suspend the provisions of any rules of any state agency, if strict compliance with the
provisions of the rule would in any way prevent, hinder, or delay necessary action in
managing a disaster, war, act of terrorism, or emergency, including fire, flood, earthquake,
severe high and low temperatures, tornado storm, wave action, oil spill, or other water or
air contamination, epidemic, blight, drought, infestation, explosion, riot, or hostile
military or paramilitary action, which is determined by the Governor to require state or
state and federal assistance or actions to supplement the recovery efforts of local
governments in alleviating the damage, loss, hardship, or suffering caused thereby;
(5) May control the ingress and egress in a designated disaster or emergency area, the
movement of vehicles upon highways within the area, the movement of persons within
the area, and the occupancy of premises within the area;
(6) May procure, acquire, store, distribute, and dispense any pharmaceutical agents or medical
supplies located within the state as may be reasonable and necessary to respond to the
disaster, emergency, or act of terrorism;
(7) May appoint and prescribe the duties of such out-of-state health care providers as may be
reasonable and necessary to respond to the disaster, emergency, or act of terrorism;
(8) May provide for the examination and safe disposal of any dead body as may be reasonable
and necessary to respond to the disaster, emergency, or act of terrorism; and
(9) May provide for the protection, construction or reconstruction, repair, and maintenance
of public or private transportation facilities; and
(10) May declare any location within the state to be a public safety zone and issue an order
authorizing any action provided under § 34-48A-5, 34-48A-6, 34-48A-32, 34-48A-34,
34-48A-36, 34-48A-41, 34-48A-46, 34-48A-47, 34-48A-48, 34-48A-49, 34-48A-51, or
34-48-53, within the public safety zone and within one mile thereof.
The powers granted to the Governor under this section shall remain in effect for a period of six
months and may be restored for one or more successive six-month periods by declaration of the
Governor that the conditions permitting such powers persist. "
Moved by: Heinert
Second by: Sutton
Action: Failed by roll call vote. (3-6-0-0)
Voting Yes: Heinert, Maher, Sutton
Voting No: Bolin, Curd, Langer, Novstrup, Netherton, Ewing
MOTION: DO PASS SB 176 AS AMENDED
Moved by: Langer
Second by: Netherton
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER SB 176 TO THE 41
ST LEGISLATIVE DAY
Moved by: Heinert
Second by: Sutton
Action: Failed by roll call vote. (3-6-0-0)
Voting Yes: Heinert, Maher, Sutton
Voting No: Bolin, Curd, Langer, Novstrup, Netherton, Ewing
MOTION: DO PASS SB 176 AS AMENDED
Moved by: Langer
Second by: Netherton
Action: PREVAILED BY ROLL CALL VOTE. (6-3-0-0)
Voting Yes: Bolin, Curd, Langer, Novstrup, Netherton, Ewing
Voting No: Heinert, Maher, Sutton
MOTION: AMEND TITLE OF SB 176
176ota
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "authorize the
creation of public safety zones, to authorize certain actions to be implemented by the Governor, to
provide certain penalties, and to declare an emergency.".
On page 1, delete line 2.
Moved by: Langer
Second by: Maher
Action: Prevailed by voice vote.
SB 173: provide certain provisions regarding the use of contributions received by a candidate
campaign committee.
Presented by: Senator Sutton
MOTION: DEFER SB 173 TO THE 41
ST LEGISLATIVE DAY
Moved by: Langer
Second by: Maher
Action: Prevailed by roll call vote. (7-2-0-0)
Voting Yes: Bolin, Curd, Langer, Maher, Novstrup, Netherton, Ewing
Voting No: Heinert, Sutton
SB 151: create a complaint procedure to resolve allegations of misconduct regarding certain
public officials.
MOTION: AMEND SB 151
151ob
On the previously adopted amendment (151oa) after the last section insert:
Section 7. That chapter 12-27 be amended by adding a NEW SECTION to read:
Any person who makes a false allegation pursuant to this Act is guilty of a Class 2
misdemeanor.".
Moved by: Langer
Second by: Maher
Action: Prevailed by voice vote.
MOTION: DO PASS SB 151 AS AMENDED
Moved by: Maher
Second by: Netherton
Action: Prevailed by roll call vote. (6-3-0-0)
Voting Yes: Bolin, Curd, Maher, Novstrup, Netherton, Ewing
Voting No: Heinert, Langer, Sutton
SB 54: revise certain provisions regarding campaign finance requirements.
MOTION: AMEND SB 54
54oa
On the previously adopted amendment (54fb), in section 10, delete "five" and insert "ten".
Moved by: Maher
Second by: Langer
Action: Prevailed by voice vote.
MOTION: AMEND SB 54
54fi
Delete the previously adopted amendment (54fd).
On the previously adopted amendment (54fb), delete sections 7, 8, and 9, inclusive, and insert:
" Section 7. That section 4 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 4. That § 12-27-7 be amended to read:
12-27-7. If a contributor is a person or an entity, no candidate for statewide office or the
candidate's campaign committee may accept any contribution that in the aggregate exceeds four
thousand dollars during any calendar year. If the contributor is a political action committee, no
candidate for statewide office or the candidate's campaign committee may accept any contribution
that in the aggregate exceeds ten thousand dollars during any calendar year. A candidate campaign
committee may accept unlimited contributions from any candidate campaign committee or political
party. A candidate campaign committee may only accept contributions from any candidate campaign
committee, political action committee, entity, person, or political party pursuant to the limits stated
in this chapter. The limitation on any contribution from a person in this section does not apply to any
contribution by the candidate or the candidate's immediate family. A violation of this section is a
Class 1 misdemeanor.
Section 8. That section 5 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 5. That § 12-27-8 be amended to read:
12-27-8. If the contributor is a person or entity, no candidate for legislative or county office or
the candidate's campaign committee may accept any contribution that in the aggregate exceeds one
thousand dollars during any calendar year. If the contributor is a South Dakota political action
committee, no legislative or county candidate may accept any contribution that in the aggregate
exceeds ten thousand dollars in any calendar year. A candidate campaign committee may accept
unlimited contributions from any candidate campaign committee or political party. A candidate
campaign committee may only accept contributions from any candidate campaign committee, entity,
political action committee, or political party pursuant to the limits stated in this chapter.
The limitation on any contribution from a person in this section does not apply to any
contribution by the candidate or the candidate's immediate family. A violation of this section is a
Class 1 misdemeanor.
Section 9. That section 6 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:
Section 6. That § 12-27-9 be amended to read:
12-27-9. If the contributor is a person or an organization, entity, political action committee, ballot
question committee, non-South Dakota candidate committee, out-of-state political action committee,
federal political action committee, or federal candidate committee, no political action committee may
accept any contribution that in the aggregate exceeds ten thousand dollars during any calendar year.
A political action committee may also accept unlimited contributions from any candidate campaign
committee, political action committee, or political party. A violation of this section is a Class 1
misdemeanor. "
Moved by: Maher
Second by: Langer
Action: Prevailed by roll call vote. (6-3-0-0)
Voting Yes: Bolin, Langer, Maher, Novstrup, Netherton, Ewing
Voting No: Curd, Heinert, Sutton
MOTION: AMEND SB 54
54fh
On the previously adopted amendment (54fb), in Section 20, delete "
A ballot question
committee may not accept contributions from another ballot question committee." and insert "A
ballot question committee may accept contributions from another ballot question committee.".
Moved by: Novstrup
Second by: Langer
Action: Prevailed by voice vote.
MOTION: DO PASS SB 54 AS AMENDED
Moved by: Maher
Second by: Netherton
Action: Prevailed by roll call vote. (5-4-0-0)
Voting Yes: Bolin, Maher, Novstrup, Netherton, Ewing
Voting No: Curd, Heinert, Langer, Sutton
MOTION: ADJOURN
Moved by: Curd
Second by: Maher
Action: Prevailed by voice vote.
Glenda Woodburn
____________________________
Committee Secretary
Bob Ewing, Chair
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