92nd Legislative Session _ 2017

Committee: Senate State Affairs
Monday, March 06, 2017

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bolin
P    Curd
P    Heinert
E    Langer
P    Maher
P    Novstrup
E    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, MARCH 01, 2017, 10:00 AM

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

MOTION:    TO APPROVE THE MINUTES OF WEDNESDAY, MARCH 01, 2017, 3:00 PM

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

    HB 1073: revise and repeal certain provisions regarding gifts from registered lobbyists to public officials.


MOTION:    AMEND HB 1073

1073fa

    On the previously adopted amendment (1073cb), delete the instruction for page 2, line 23, and delete the instruction for page 2, line 24.

    On page 2, line 18 of the House engrossed bill, after "service" insert "or event".

    On page 2, delete lines 23 and 24, and insert:

"

            (4)    Any food, entertainment, or beverage provided for immediate consumption;".


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

MOTION:    DO PASS HB 1073 AS AMENDED

Moved by:    Curd
Second by:    Maher
Action:    Prevailed by roll call vote. (6-0-3-0)

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

Excused:    Langer, Sutton, Netherton

    HB 1034: establish certain fees for receiving electronic files of petitions, to revise certain provisions concerning filing petitions and other documents, and to revise certain provisions concerning elections and voting.

Presented by:    Shantel Krebs, Secretary of State
Opponents:    Doug Kronaizl, self
        Dr. Mark Winegar, SD Sierra Club

MOTION:    AMEND HB 1034

1034fd

    On page 2, line 22, of the House engrossed bill, delete "State Board of Elections" and insert "secretary of state".

    On page 8, after line 7, insert:

"    Section 10. That Section 3 of the enrolled version of HB 1037 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 3. That § 12-6-7 be amended to read:

    12-6-7. A nominating petition may be composed of several sheets, each sheet shall have identical headings printed at the top. A nominating petition for any election and shall be a self-contained sheet of paper. The petition for party office or political public office shall be signed by not less than one percent of the voters who voted for that party's gubernatorial candidate at the last gubernatorial election in the county, part of the county, district, or state electing a candidate to fill the office. If a county uses vote centers and does not print ballots by precinct, signature requirements for both partisan and independent candidates are:

            (1)    Fifty signatures for a legislative candidate whose district either in whole or in part includes that county;
            (2)    Thirty signatures for a county candidate;
            (3)    Fifteen signatures for county commissioner district candidates;
            (4)    Five signatures for a new party legislative candidate whose district either in whole or in part includes that county;
            (5)    Five signatures for a new party county candidate; or
            (6)    Three signatures for a new party county commissioner district candidate. ".


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

MOTION:    AMEND HB 1034

1034fe

    On page 8, after line 7 of the House engrossed bill, insert:

"    Section 10. That Section 7 of the enrolled version of HB 1037 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:


    Section 7. That § 12-7-1 be amended to read:

    12-7-1. Any candidate for nonjudicial public office, except as provided in § 12-7-7 or office in the State Legislature, county political public office, and county party office as provided in section 9 of this Act, who is not nominated by a primary election may be nominated by filing a certificate of nomination with the secretary of state or county auditor as prescribed by § 12-6-4, after December thirty-first and by the last Tuesday of April at 5:00 p.m. local time before the election. A certificate of nomination shall be executed as provided in chapter 12-6. If the certificate of nomination is mailed by registered mail by the last Tuesday of April at 5:00 p.m. local time before the election, it is timely submitted. The certificate of nomination shall be signed by registered voters within the district or political subdivision in and for which the officers are to be elected. The number of signatures required may not be less than one percent of the total combined vote cast for Governor at the last certified gubernatorial election within the district or political subdivision. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the forms for the certificate of nomination. ".



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

MOTION:    DO PASS HB 1034 AS AMENDED

Moved by:    Maher
Second by:    Curd
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION AMEND HB 1034

1034ff

    On page 3 of the House engrossed bill, delete lines 4 to 17, inclusive.


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

MOTION:    DO PASS HB 1034 AS AMENDED

Moved by:    Maher
Second by:    Curd
Action:    Prevailed by roll call vote. (7-0-2-0)

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

Excused:    Langer, Sutton

    HB 1035: revise and provide certain procedures for filing, certifying, and challenging petitions.

Presented by:    Shantel Krebs, Secretary of State (Handout(s): #1)

MOTION:    AMEND HB 1035

1035fa

    On page 5, after line 13 of the printed bill, insert:

"    Section 7. That § 2-1-16 be amended to read:

    2-1-16. The secretary of state shall verify the signatures pursuant to § 2-1-15 by random sampling. The random sample of signatures to be verified shall be drawn so that every each signature received by the secretary of state shall be is given an equal opportunity to be included in the sample. The secretary of state shall calculate the number of valid signatures by multiplying the total number of signatures received by the percentage of successfully verified signatures from the random sample. The secretary of state shall, by rules promulgated promulgate rules, pursuant to chapter 1-26, establish establishing the methodology for conducting the random sample. The random sampling shall be an examination of five percent of the signatures received consisting of a number of signatures that is statistically correlative to not less than ninety-five percent level of confidence with a margin of error equal to not more than three and sixty-two one-hundredths percent.

    Section 8. That § 12-1-36 be amended to read:

    12-1-36. The secretary of state shall verify the signatures received pursuant to § 12-1-35 by random sampling. The random sample of signatures to be verified shall be drawn so that each signature received by the secretary of state is given an equal opportunity to be included in the sample. The secretary of state shall calculate the number of valid signatures by multiplying the total number of signatures received by the percentage of successfully verified signatures from the random sample. The secretary of state shall promulgate rules, pursuant to chapter 1-26, establishing the methodology for conducting the random sample. The random sampling shall be an examination of five percent of the signatures received consisting of a number of signatures that is statistically correlative to not less than ninety-five percent level of confidence with a margin of error equal to not

more than three and sixty-two one-hundredths percent. ".



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

MOTION:    DO PASS HB 1035 AS AMENDED

Moved by:    Maher
Second by:    Netherton
Action:    Prevailed by roll call vote. (6-0-3-0)

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

Excused:    Heinert, Langer, Sutton

MOTION:    ADJOURN

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

Glenda Woodburn

____________________________

Committee Secretary
Bob Ewing, Chair


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