94
th Legislative Session _ 2019
Committee: House State Affairs
Friday, February 22, 2019
P - Present
E - Excused
A - Absent
Roll Call
P Anderson
P Dennert
P Diedrich
P Goodwin
P Gosch
P Hansen
P Haugaard
P Jensen (Kevin)
P McCleerey
P Peterson (Kent)
P Smith (Jamie)
P Beal, Vice-Chair
P Qualm, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Qualm.
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 20, 2019- PM MEETING
Moved by: Hansen
Second by: Beal
Action: Prevailed by voice vote.
HB 1160: revise certain provisions regarding emergency management.
Presented by: Representative Mary Duvall
MOTION: TO TABLE HB 1160
Moved by: Peterson (Kent)
Second by: Gosch
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Anderson, Dennert, Diedrich, Goodwin, Gosch, Hansen, Haugaard, Jensen (Kevin),
McCleerey, Peterson (Kent), Smith (Jamie), Beal, Qualm
HB 1177: require the performance of an ultrasound prior to an abortion.
Presented by: Senator Stace Nelson (Handout(s): #1,2,3,4)
Proponents: Representative Julie Frye-Mueller
MOTION: DO PASS HB 1177
Moved by: Goodwin
Second by: Dennert
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND HB 1177
1177wa
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 34-23A-52 be amended to read:
34-23A-52. No facility that performs abortions may perform an abortion on a pregnant woman
without first offering the pregnant woman an opportunity to view a sonogram of her unborn child.
The woman's response to the offer shall be documented by the facility, including the date and time
of the offer and the woman's signature attesting to her informed decision. No physician may take a
consent for an abortion from a pregnant mother without first offering the pregnant mother an
opportunity to view a sonogram and hear the heartbeat of her unborn child. The physician shall offer
to describe the images on the sonogram if the pregnant mother consents. The pregnant mother's
response to the offer under this section shall be documented by the physician in the patient's medical
records, including the date and time of the offer and the pregnant mother's signature to her response
to the offer.
Section 2. That chapter 34-23A be amended by adding a NEW SECTION to read:
The provisions of § 34-23A-52 do not apply to an abortion provider or facility in the case of a
medical emergency. Upon a determination by a physician under this section that a medical
emergency exists, the physician shall certify the specific medical conditions that constitute the
emergency."
Moved by: Hansen
Second by: Diedrich
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1177 AS AMENDED
Moved by: Hansen
Second by: Haugaard
Action: Prevailed by roll call vote. (11-2-0-0)
Voting Yes: Anderson, Dennert, Diedrich, Goodwin, Gosch, Hansen, Haugaard, Jensen (Kevin),
Peterson (Kent), Beal, Qualm
Voting No: McCleerey, Smith (Jamie)
MOTION: AMEND TITLE OF HB 1177
1177wta
On page 1, line 1, of the printed bill, delete "an ultrasound" and insert "a sonogram".
Moved by: Hansen
Second by: Gosch
Action: Prevailed by voice vote.
HB 1206: provide for divestiture of certain state investment holdings.
Presented by: Senator Stace Nelson
Opponents: Matt Clark, South Dakota Investment Council
Rob Wylie, South Dakota Retirement System
MOTION: DO PASS HB 1206
Moved by: Goodwin
Second by: Dennert
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER HB 1206 TO THE 41ST LEGISLATIVE DAY
Moved by: McCleerey
Second by: Smith (Jamie)
Action: Prevailed by roll call vote. (10-3-0-0)
Voting Yes: Anderson, Diedrich, Gosch, Hansen, Haugaard, McCleerey, Peterson (Kent), Smith
(Jamie), Beal, Qualm
Voting No: Dennert, Goodwin, Jensen (Kevin)
HJR 1006: Proposing and submitting to voters an amendment to the Constitution of the State
of South Dakota, revising legislative terms of office.
Presented by: Representative Mark Willadsen
Proponents: Representative Caleb Finck
MOTION: DO PASS HJR 1006
Moved by: Gosch
Second by: Beal
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND HJR 1006
j1006oa
On page 1, line 15, of the printed resolution, delete "two" and insert "three" and overstrike
"eight" and insert "twelve".
On page 2, line 1, delete "two" and insert "three" and overstrike "eight" and insert "twelve".
On page 2, line 4, delete "two" and insert "three".
On page 2, delete line 6, and insert "for two four-year terms. Any person having served eight
consecutive years is eligible for one".
Moved by: Anderson
Second by: Smith (Jamie)
Action: Prevailed by voice vote.
MOTION: DO PASS HJR 1006 AS AMENDED
Moved by: Anderson
Second by: Beal
Action: Prevailed by roll call vote. (11-2-0-0)
Voting Yes: Anderson, Dennert, Diedrich, Goodwin, Gosch, Haugaard, Jensen (Kevin),
McCleerey, Smith (Jamie), Beal, Qualm
Voting No: Hansen, Peterson (Kent)
HJR 1007: To refer to the voters the question of whether the state should expand Medicaid
under the Patient Protection and Affordable Care Act.
Presented by: Senator Reynold Nesiba (Handout(s): #5)
Proponents: Mitch Richter, South Dakota Farmers Union (Handout(s): #5)
Opponents: Kelsey Roth, Bureau of Finance and Management
MOTION: DEFER HJR 1007 TO THE 41
ST LEGISLATIVE DAY
Moved by: Gosch
Second by: Goodwin
Action: Prevailed by roll call vote. (9-3-1-0)
Voting Yes: Anderson, Dennert, Goodwin, Gosch, Hansen, Haugaard, Jensen (Kevin), Peterson
(Kent), Beal
Voting No: Diedrich, McCleerey, Smith (Jamie)
Excused: Qualm
HB 1093: establish legal standards applicable to petition challenges.
Presented by: Representative Jon Hansen
Proponents: Steve Barnett, Secretary of State
Charles McGuigan, Office of the Attorney General
MOTION: AMEND HB 1093
1093wb
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 2-1-14 be amended to read:
2-1-14. All signatures secured in a manner contrary to the provisions of
this chapter may state
law shall not be counted.
Section 2. That § 2-1-15 be amended to read:
2-1-15. Upon the receiving of any initiative petition, referred law petition, or initiated
constitutional amendment petition, the secretary of state shall examine the petition. No signature of
a person may shall be counted by the secretary of state unless the person is a registered voter in the
county indicated on the signature line. No signature of a person may shall be counted if the
information required on the petition form is not accurate or complete. The secretary of state shall
generate the random sample under § 2-1-16 and make available to the public the petitions and
random sample validation sheets within thirty days of a request and payment of reasonable fees in
accordance with § 1-8-10.
Section 3. That § 2-1-18 be amended to read:
2-1-18. Nothing in §§ 2-1-15 to 2-1-18, inclusive, prohibits any interested person who has
researched the signatures contained on a validated petition from challenging in circuit court the
validity of any signature, the veracity of the petition circulator's attestation, or any other information
required on a petition by statute or administrative rule, including any deficiency that is prohibited
from challenge under § 2-1-17.1. The results of the process of signature verification by the Office
of the Secretary of State under chapter 2-1 shall be presumed valid as applied to all signatures for
purposes of considering any additional ground for disqualifying petition signatures, including any
ground listed in subdivisions 2-1-17.1(1) to 2-1-17.1(4), inclusive, and cumulating total valid
signatures to determine the results of an appeal under § 2-1-17.1. The summons and complaint for
a challenge under this section shall be served on each petition sponsor as a party defending the
validated petition being challenged. Any appearance by the attorney general at a challenge under this
section shall be limited to the process of signature verification by the Office of the Secretary of State
under chapter 2-1. For purposes of determining whether a sufficient number of valid signatures has
been submitted, the interested person may elect to proceed with a challenge limited to the sample
generated in accordance with § 2-1-16, with the resulting valid sample percentage applied to the
entirety of the petition signatures.
Section 4. That § 12-1-39 be amended to read:
12-1-39. No petition submitted may be made available to the public until the validation process
has been completed and the office where that petition was submitted has filed or rejected the petition,
except as provided in section 2 of this Act. "
Moved by: Gosch
Second by: Anderson
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1093 AS AMENDED
Moved by: Gosch
Second by: Peterson (Kent)
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Anderson, Dennert, Diedrich, Goodwin, Gosch, Hansen, Haugaard, Jensen (Kevin),
McCleerey, Peterson (Kent), Beal
Excused: Smith (Jamie), Qualm
MOTION: PLACE HB 1093 ON CONSENT CALENDAR
Moved by: Diedrich
Second by: Jensen (Kevin)
Action: Prevailed by voice vote.
HB 1246: promote tribal economic development.
Presented by: Representative Tamara St. John
MOTION: DO PASS HB 1246 AS AMENDED
Moved by: Gosch
Second by: McCleerey
Action: Prevailed by roll call vote. (9-1-3-0)
Voting Yes: Anderson, Dennert, Goodwin, Gosch, Haugaard, Jensen (Kevin), McCleerey,
Peterson (Kent), Beal
Voting No: Hansen
Excused: Diedrich, Smith (Jamie), Qualm
Representative Beal, Vice Chair, called for a recess.
Representative Qualm, Chair, called the meeting back to order at 3:45 PM.
HB 1135 having been previously heard was reopened to discussion and action only.
HB 1135: provide for the use of certain confidential information by the director of the
Legislative Research Council.
Presented by: Representative Steven Haugaard
MOTION: AMEND HB 1135
1135oa
On the printed bill, delete the previously adopted amendment (1135wa).
On page 1, line 5, of the printed bill, delete everything after "department" and insert "or
agency".
On page 1, line 6, delete "any record, document, or other" and after "information" insert "kept
in the normal course of business".
On page 1, delete lines 8 and 9, and insert "and for the purpose of a projection, estimate,
program evaluation, fiscal note, prison and jail population cost estimate, budget analysis, or
preparation of legislation. Any information provided under this section may not include any
unnecessarily personally identifiable information.".
On page 1, line 13, delete everything after "." and insert "The director may not release, provide,
share, or otherwise disclose any information received under section 1 of this Act with any legislator,
other public agency or public body, or any other person who is not employed by the Legislative
Research Council. The director shall destroy or maintain in accordance with security measures
designed to comply with the confidentiality requirements of this section any information received
under section 1 of this Act.".
On page 1, line 14, delete everything before "The" .
On page 2, delete lines 3 to 21, inclusive.
Moved by: Dennert
Second by: Goodwin
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1135 AS AMENDED
Moved by: Goodwin
Second by: Dennert
Action: Failed by roll call vote. (6-7-0-0)
Voting Yes: Dennert, Goodwin, Gosch, Haugaard, Jensen (Kevin), McCleerey
Voting No: Anderson, Diedrich, Hansen, Peterson (Kent), Smith (Jamie), Beal, Qualm
MOTION: DEFER HB 1135 TO THE 41
ST LEGISLATIVE DAY
Moved by: Anderson
Second by: Peterson (Kent)
Action: Prevailed by roll call vote. (7-6-0-0)
Voting Yes: Anderson, Diedrich, Hansen, Peterson (Kent), Smith (Jamie), Beal, Qualm
Voting No: Dennert, Goodwin, Gosch, Haugaard, Jensen (Kevin), McCleerey
HB 1265: revise certain provisions regarding the disclosure of tax returns.
Presented by: Representative Chris Karr (Handout(s): # 6,7,8)
Proponents: Don Haggar, Americans For Prosperity (Handout(s): #9)
Opponents: David Wiest, Department of Revenue
Nathan Sanderson, South Dakota Retailers Association
MOTION: AMEND HB 1265
1265ob
On the previously adopted amendment (1265oa), in Section 1, first paragraph, line 3, delete
"calendar" and insert "fiscal", and on line 4, after "preceding" delete "calendar" and insert "fiscal",
and on line 6, delete "the first day of July of the immediately following" and insert "the next".
Moved by: Smith (Jamie)
Second by: Gosch
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1265 AS AMENDED
Moved by: Gosch
Second by: Haugaard
Action: Prevailed by roll call vote. (8-5-0-0)
Voting Yes: Dennert, Goodwin, Gosch, Hansen, Haugaard, Jensen (Kevin), Beal, Qualm
Voting No: Anderson, Diedrich, McCleerey, Peterson (Kent), Smith (Jamie)
MOTION: ADJOURN
Moved by: Beal
Second by: Haugaard
Action: Prevailed by voice vote.
Pam Kean
____________________________
Committee Secretary
Lee Qualm, Chair
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