93rd Legislative Session _ 2018

Committee: House State Affairs
Wednesday, February 28, 2018

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bartling
P    Beal
E    DiSanto
P    Haugaard
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, Chair.

MOTION:    TO APPROVE THE MINUTES OF FEBRUARY 26, 2018

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

    SB 76: revise certain provisions regarding voter registration.

Presented by:    Representative Ahlers
Proponents:    Shantel Krebs, Secretary of State

MOTION:    DO PASS SB 76

Moved by:    Rozum
Second by:    Bartling
Action:    Prevailed by roll call vote. (11-1-1-0)


Voting Yes:    Bartling, Beal, Hawley, Heinemann, Latterell, Lust, Mickelson, Peterson (Kent), Rozum, Qualm, Rhoden

Voting No:    Haugaard

Excused:    DiSanto

    SB 77: revise certain provisions regarding required campaign finance disclosure statements submitted by ballot question committees.

Presented by:    Senator Nesiba
Proponents:    Representative Reed
        Drew Duncan, Pharmaceutical Research and Manufacturers of America
Others:    David Owen, SD Chamber of Commerce & Industry answered questions

MOTION:    AMEND SB 77

77oa

    On page 6, after line 21 of the Senate State Affairs Committee engrossed bill, insert:

"
    Section 4. That § 12-27-19 be amended to read:

    12-27-19. Before making a contribution to a ballot question committee pursuant to § 12-27-18, an entity shall provide to the ballot question committee the following:

            (1)    The name or fictitious name of the entity;
            (2)    The mailing address of the entity's office;
            (3)    The name and mailing address of each owner, director, and officer of the entity;
            (4)    The committee name the contribution was given to, the date, and the amount of the contribution; and
            (5)    The name and mailing address of the person authorizing the contribution.

    These requirements do not apply to any donated goods or services.

    Before contributing more than ten thousand dollars in the aggregate to a ballot question committee pursuant to § 12-27-18, an entity shall provide to the ballot question committee a sworn written statement made by the president and treasurer of the entity declaring and affirming, under the penalty of perjury, the following:
            (1)    The name and street address of every person who owns ten percent or more of the entity, has provided ten percent or more of the entity's gross receipts, including capital contributions, in the current or preceding year, or has provided ten percent or more of the funds being contributed to the ballot question committee; and
            (2)    That no part of the contribution was raised or collected by the entity for the purpose of influencing the ballot question.
    A ballot question committee shall disclose in its applicable campaign financial disclosure statement or supplement statement all information received from any entity pursuant to this section. No ballot question committee may accept any contribution from any entity not preceded or accompanied by the statements required by this section. Except as provided by § 22-29-1, violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor. ".


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

MOTION:    DEFER SB 77 TO THE 41ST LEGISLATIVE DAY

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

Voting Yes:    Beal, Haugaard, Heinemann, Latterell, Mickelson, Rozum, Qualm, Rhoden

Voting No:    Bartling, Hawley, Lust, Peterson (Kent)

Excused:    DiSanto

    SB 79: authorize for voters with no party affiliation to sign nominating petitions for candidates with a party affiliation.

Presented by:    Senator Otten (Ernie)

        THE CHAIR DEFERRED SB 79 UNTIL MONDAY MARCH 5TH, 2018

    SB 128: revise certain provisions regarding ballot question committees.

Presented by:    Representative Kaiser
Proponents:    David Owen, SD Chamber of Commerce & Industry (Handout: #1)
        Steve Willard, South Dakota Electric Utility Companies
        Jim Hood, South Dakota Retailer's Association
        Lynn Kendall, Rapid City Area Chamber of Commerce
        Debra Owen, Sioux Falls Chamber of Commerce
        Deb Mortenson, Associated General Contractors of South Dakota

MOTION:    DO PASS SB 128

Moved by:    Mickelson
Second by:    Rozum
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Bartling, Beal, Haugaard, Hawley, Heinemann, Latterell, Lust, Mickelson, Peterson (Kent), Rozum, Qualm, Rhoden

Excused:    DiSanto

    SB 144: revise certain provisions related to party affiliation on voter registration cards.

Presented by:    Representative Peterson (Kent)

MOTION:    DO PASS SB 144

Moved by:    Qualm
Second by:    Beal
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Bartling, Beal, Haugaard, Hawley, Heinemann, Latterell, Lust, Mickelson, Peterson (Kent), Rozum, Qualm, Rhoden

Excused:    DiSanto

MOTION:    PLACE SB 144 ON CONSENT CALENDAR

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

    SB 212: revise certain provisions regarding the Bureau of Information and Telecommunications assistance to schools.

Presented by:    Jim Edman, Bureau of Information and Telecommunications

MOTION:    DO PASS SB 212

Moved by:    Bartling
Second by:    Haugaard
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Bartling, Beal, Haugaard, Hawley, Heinemann, Latterell, Lust, Mickelson, Peterson (Kent), Rozum, Qualm, Rhoden

Excused:    DiSanto

MOTION:    PLACE SB 212 ON CONSENT CALENDAR

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

    SB 214: create a Legislative Compensation Commission to review legislative salaries.

Presented by:    Representative Karr

MOTION:    AMEND SB 214

214kb

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

"    Section 1. That § 2-4-2 be amended to read:

    2-4-2. The salary of each member of the Legislature is six thousand dollars equal to one-fifth of the South Dakota median household income reported by the United States Census Bureau Current Population Survey, as ascertained and adjusted each year by the State Board of Finance to take effect on the first day of January of each year for every regular legislative session. In addition, each legislator shall receive:

            (1)    Reimbursement to be paid after the legislative session for actual mileage or its equivalent traveled to and from home not more than once each weekend or between days of recess during the regular legislative session, at state rates established by the Board of Finance;
            (2)    Expenses of one hundred twenty-three dollars per day for each day of a regular or special legislative session as prepaid reimbursement for living expenses, including meals and lodging, laundry, cleaning and pressing of clothing, and all other uncompensated expenses as defined in § 2-4-2.1 incident to the performance of legislative services, or at the amount fixed for the per diem allowance that is authorized by the United States Internal Revenue Service to be excluded from the gross income without itemization as of October first each year, whichever of the two is greater; and
            (3)    Five cents once each session for every mile of necessary travel in going to and returning from the place of meeting of the Legislature by the most usual route.
    For each day's attendance at special sessions, each member, in addition to mileage and expenses, shall receive a per diem calculated by the director of the Legislative Research Council equal to the normal daily compensation for the regular session immediately preceding the special session. ""


Moved by:    Heinemann
Second by:    Rozum
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 214 AS AMENDED

Moved by:    Heinemann
Second by:    Qualm
Action:    Prevailed by roll call vote. (11-1-1-0)

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

Rozum, Qualm, Rhoden

Voting No:    Latterell

Excused:    DiSanto

MOTION:    AMEND TITLE OF SB 214

214kta

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise certain provisions regarding legislator salaries.".

    On page 1, delete line 2.


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

        THE CHAIR DEFERRED SB 81 UNTIL MONDAY MARCH 5, 2018

MOTION:    RECONSIDER SB 77

Moved by:    Hawley
Second by:    Mickelson
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Bartling, Beal, Haugaard, Hawley, Heinemann, Latterell, Lust, Mickelson, Peterson (Kent), Rozum, Qualm, Rhoden

Excused:    DiSanto

MOTION:    ADJOURN

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

Pam Kean

____________________________

Committee Secretary
Larry Rhoden, Chair

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