94th Legislative Session _ 2019

Committee: Senate State Affairs
Wednesday, March 06, 2019

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bolin
P    Greenfield (Brock)
P    Heinert
P    Kennedy
P    Langer
P    Novstrup
P    Youngberg
P    Klumb, Vice-Chair
P    Ewing, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Ewing.

MOTION:    TO APPROVE THE MINUTES OF MARCH 4

Moved by:    Klumb
Second by:    Langer
Action:    Prevailed by voice vote.

    HB 1265: revise provisions regarding certain tax rates.

Presented by:    Senator Jeff Partridge
Proponents:    Nathan Sanderson, South Dakota Retailers Association
        David Owen, South Dakota Chamber of Commerce & Industry
        Debra Owen, Sioux Falls Area Chamber of Commerce
        Michael Held, South Dakota Farm Bureau Federation
        Jim Terwilliger, Secretary, Department of Revenue
Opponents:    John Cunningham , Sioux Falls, Self
        Don Haggar, Americans For Prosperity


MOTION:    AMEND HB 1265

1265wd

    On the House State Affairs Committee engrossed bill, delete everything after the enacting clause and insert:

"    Section 1. That § 10-64-9 be amended to read:

    10-64-9. If the state is able to enforce the obligation to collect and remit sales tax on remote sellers who deliver tangible personal property, products transferred electronically, or services directly to the citizens of South Dakota, the additional net revenue from such obligation shall be used to reduce the rate of certain taxes. The rate of tax imposed by §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1, 10-45-6.2, 10-45-8, 10-45-71, 10-46-2.1, 10-46-2.2, 10-46-58, 10-46-69, 10-46-69.1, 10-46-69.2, 10-46E-1, and 10-58-1 shall be reduced by one-tenth percent on July first following the calendar year for which each additional twenty million dollar increment of net revenue is collected and remitted by such remote sellers. However, the rate of tax imposed by §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1, 10-45-6.2, 10-45-8, 10-45-71, 10-46-2.1, 10-46-2.2, 10-46-58, 10-46-69, 10-46-69.1, 10-46-69.2, 10-46E-1, and 10-58-1 may not be reduced below four percent pursuant to the provisions of this section. The Department of Revenue shall prepare and submit to the Joint Committee on Appropriations, no later than the twenty-first legislative day, calculations of actual revenue reported during the immediately preceding calendar year under §§ 10-64-2 and 10-65-5. The calculation of revenue reported under § 10-64-2 may not include any revenue reported prior to November 1, 2018. If the revenue reported in a calendar year exceeds the revenue reported in the immediately preceding calendar year by at least twenty million dollars, the committee may introduce legislation to reduce the rate of tax under §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1, 10-45-6.2, 10-45-8, 10-45-71, 10-46-2.1, 10-46-2.2, 10-46-58. 10-46-69, 10-46-69.1, 10-46-69.2, 10-46E-1, and 10-58-1 by one-tenth percent for each increment of twenty million dollars. The rate of tax reduced under this section may not be less than four percent. "



Moved by:    Langer
Second by:    Youngberg
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1265 AS AMENDED

Moved by:    Langer
Second by:    Youngberg
Action:    Prevailed by roll call vote. (9-0-0-0)

Voting Yes:    Bolin, Greenfield (Brock), Heinert, Kennedy, Langer, Novstrup, Youngberg, Klumb,

Ewing

    HB 1177: revise provisions regarding the performance of a sonogram prior to an abortion.

Presented by:    Senator Stace Nelson
Proponents:    Dale Bartscher, South Dakota Right to Life
        Norman Woods, Family Heritage Alliance Action

MOTION:    DO PASS HB 1177

Moved by:    Klumb
Second by:    Greenfield (Brock)
Action:    Prevailed by roll call vote. (9-0-0-0)

Voting Yes:    Bolin, Greenfield (Brock), Heinert, Kennedy, Langer, Novstrup, Youngberg, Klumb, Ewing

MOTION:    PLACE HB 1177 ON CONSENT CALENDAR

Moved by:    Klumb
Second by:    Heinert
Action:    Prevailed by voice vote.

    HJR 1001: Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota regarding appointments to fill legislative vacancies.

Presented by:    Representative Drew Dennert
Opponents:    Tony Venhuizen, Office of the Governor

MOTION:    DEFER HJR 1001 TO THE 41ST LEGISLATIVE DAY

Moved by:    Bolin
Second by:    Langer
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION AMEND HJR 1001

j1001ca

    On the House Engrossed Joint Resolution, delete all amendments, thus restoring the bill to the printed version.


Moved by:    Greenfield (Brock)
Second by:    Kennedy
Action:    Prevailed by roll call vote. (6-3-0-0)

Voting Yes:    Greenfield (Brock), Heinert, Kennedy, Novstrup, Youngberg, Ewing

Voting No:    Bolin, Langer, Klumb

MOTION:    DEFER HJR 1001 as Amended TO THE 41ST LEGISLATIVE DAY

Moved by:    Bolin
Second by:    Langer
Action:    Failed by roll call vote. (3-6-0-0)

Voting Yes:    Bolin, Langer, Youngberg

Voting No:    Greenfield (Brock), Heinert, Kennedy, Novstrup, Klumb, Ewing

MOTION:    DO PASS HJR 1001 AS AMENDED

Moved by:    Greenfield (Brock)
Second by:    Kennedy
Action:    Prevailed by roll call vote. (6-3-0-0)

Voting Yes:    Greenfield (Brock), Heinert, Kennedy, Novstrup, Klumb, Ewing

Voting No:    Bolin, Langer, Youngberg

    SR 4: Rebuking Congressman Dusty Johnson for voting against President Trump's emergency measures to secure the Southern border, and urging Senators John Thune and Mike Rounds to support President Trump's constitutional efforts as our military Commander in Chief to do so.

MOTION:    TO TABLE SR 4

Moved by:    Klumb
Second by:    Kennedy
Action:    Prevailed by roll call vote. (9-0-0-0)

Voting Yes:    Bolin, Greenfield (Brock), Heinert, Kennedy, Langer, Novstrup, Youngberg, Klumb, Ewing

    SR 5: Petitioning Congress and the President to immediately defund Planned Parenthood of all federal funding; strongly condemning the recent unrestrictive abortion laws passed in New York and Vermont; and, expressing South Dakotans' continued resolve to secure the blessings of life and liberty for our posterity.

Presented by:    Senator Stace Nelson (Handout(s): 1)
Proponents:    Norman Woods, Family Heritage Alliance Action

MOTION:    AMEND SR 5

r5ba

    On page 1, line 5 of the printed resolution, delete everything after "New York" and insert "recently passed an abortion law essentially making it".

    On page 1, line 9, delete "2018" and insert "2017".

    On page 1, line 11, delete "8,326,000" and insert "7.6 million".

    On page 1, line 12, delete "2017" and insert "2018".

    On page 2, line 6, delete "2018" and insert "2017".

    On page 3, line 10, delete "thirty-eighty" and insert "thirty-eight".

    On page 3, line 23, delete everything after "abortion" and insert "law passed in New York; and".


Moved by:    Klumb
Second by:    Youngberg
Action:    Prevailed by voice vote.

MOTION:    ADOPT RESOLUTION SR 5 AS AMENDED

Moved by:    Klumb
Second by:    Novstrup
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION DO NOT ADOPT RESOLUTION SR 5 AS AMENDED

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

Voting Yes:    Bolin, Greenfield (Brock), Heinert, Kennedy, Langer, Youngberg, Ewing

Voting No:    Novstrup, Klumb

    HB 1087: promote intellectual diversity at certain institutions of higher education.

Presented by:    Senator Jim Stalzer
Proponents:    Representative Sue Peterson
        Paul B. Beran, Board of Regents
        Tony Venhuizen, Office of the Governor
        Senator Stace Nelson
Others:    Nathan Lukkes, Board of Regents

MOTION:    AMEND HB 1087

1087bk

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

"    Section 1. That chapter 13-53 be amended by adding a NEW SECTION to read:

    As used in this Act:

            (1)    "Expressive activity," protected under the provisions of this Act includes any lawful noncommercial verbal or written means by which one person communicates ideas to another, and includes peaceful assembly, protests, speeches, distribution of literature, the carrying of signs, and the circulation of petitions; and
            (2)    ''Intellectual diversity," denotes a learning environment that exposes students to and encourages exploration of a variety of ideological and political perspectives.

    Section 2. That chapter 13-53 be amended by adding a NEW SECTION to read:

    The Board of Regents shall require each institution under its control to maintain a commitment to the principles of free expression and encourage the timely and rational discussion of topics in an environment that is intellectually and ideologically diverse. Neither the Board of Regents nor any institution under its control may attempt to shield individuals from constitutionally protected speech, including ideas and opinions they find offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed.

    Section 3. That chapter 13-53 be amended by adding a NEW SECTION to read:

    Any outdoor area within the boundaries of a public institution of higher education constitutes a designated public forum for the benefit of students, faculty, administrators, other employees, and their invited guests, to engage in expressive activity, unless access to the area is otherwise properly restricted.

    A public institution of higher education may maintain and enforce lawful reasonable time, place, and manner restrictions regarding the use of the outdoor areas described in this section, if such restrictions are clear, narrowly tailored in the service of a significant institutional interest, published, content- and viewpoint- neutral, and provide alternate means of engaging in the expressive activity. Any such restrictions shall allow students, faculty, administrators, and other employees to spontaneously and contemporaneously assemble, as long as their conduct is not unlawful and does not materially and substantially disrupt the functioning of the institution. Nothing in this section shall be interpreted as limiting the right of students, faculty, administrators, and other employees to engage in protected expressive activity elsewhere within the boundaries of the institution. An institution may not designate any area within its boundaries as a free speech zone or otherwise restrict expressive activities to particular areas within its boundaries in a manner that is inconsistent with this section.

    Section 4. That chapter 13-53 be amended by adding a NEW SECTION to read:

    A public institution of higher education, its faculty, administrators, and other employees, may not discriminate against any student or student organization based on the content or viewpoint of their expressive activity. Funds allocated to student organizations shall be distributed in a nondiscriminatory manner in accordance with applicable state and federal authority. Access to, and use of, facilities at a public institution of higher education shall be equally available to all student organizations, regardless of the ideological, political, or religious beliefs of the organization.

    An institution may not prohibit an ideological, political, or religious student organization from requiring that its leaders or members of the organization affirm and adhere to the organization's sincerely held beliefs, comply with the organization's standards of conduct, or further the organization's mission or purpose, as defined by the organization.

    Section 5. That chapter 13-53 be amended by adding a NEW SECTION to read:

    On or before December first of each year, the Board of Regents shall prepare and submit to the Governor and each member of the legislature a report that:
    
            (1)    Sets forth all actions taken by each institution to promote and ensure intellectual diversity and the free exchange of ideas; and
            (2)    Describes any events or occurrences that impeded intellectual diversity and the free exchange of ideas."


Moved by:    Greenfield (Brock)
Second by:    Novstrup
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1087 AS AMENDED

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

Voting Yes:    Greenfield (Brock), Langer, Novstrup, Youngberg, Klumb, Ewing

Voting No:    Bolin, Heinert, Kennedy

MOTION:    ADJOURN

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

Mary Beth Fravel

____________________________

Committee Secretary
Bob Ewing, Chair

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