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Senate State Affairs Minutes 2/22/2017 10:00 AM

92nd 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 The provisions of this Act are repealed on July 1, 2020.".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 41ST 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 41ST 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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