93
rd Legislative Session _ 2018
Committee: Senate State Affairs
Monday, March 05, 2018
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 Senator Bob Ewing, Chair.
MOTION: TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 28, 2018
Moved by: Netherton
Second by: Langer
Action: Prevailed by voice vote.
HB 1200: revise certain on-sale full-service restaurant alcoholic beverage license provisions
and to authorize municipalities and counties to lease on-sale full-service restaurant alcoholic
beverage licenses.
Presented by: Representative Mickelson
Proponents: Will Mortenson, SD Municipal League
Eric Erickson, South Dakota Association of County Commissioners
Opponents: Matt Krogman, SD Licensed Beverage Dealers and Gaming Association
Bill VanCamp, South Dakota Retailers Association
MOTION: AMEND HB 1200
1200fa
On page 3, line 8, of the House Commerce and Energy Committee engrossed bill, delete
"seven" and insert "seventeen".
Moved by: Maher
Second by: Netherton
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1200 AS AMENDED
Moved by: Maher
Second by: Novstrup
Action: Failed by roll call vote. (3-6-0-0)
Voting Yes: Bolin, Maher, Novstrup
Voting No: Curd, Heinert, Langer, Sutton, Netherton, Ewing
MOTION: DEFER HB 1200 TO THE 41
ST LEGISLATIVE DAY
Moved by: Netherton
Second by: Curd
Action: Prevailed by roll call vote. (8-1-0-0)
Voting Yes: Bolin, Heinert, Langer, Maher, Novstrup, Sutton, Netherton, Ewing
Voting No: Curd
HJR 1006: Proposing and submitting to the electors at the next general election an
amendment to the Constitution of the State of South Dakota, relating to amendments to the
Constitution.
Presented by: Representative Mickelson (Handout(s): #1)
Opponents: Rebecca Terk, Dakota Rural Action
MOTION: DO PASS HJR 1006
Moved by: Netherton
Second by: Langer
Action: Prevailed by roll call vote. (6-3-0-0)
Voting Yes: Curd, Langer, Maher, Novstrup, Netherton, Ewing
Voting No: Bolin, Heinert, Sutton
HB 1311: revise certain provisions regarding legislator salaries.
Presented by: Senator Partridge (Handout(s): #2)
Proponents: Representative Heinemann
Representative Karr
Representative Dennert
Opponents: Senator Nelson
MOTION: AMEND HB 1311
1311ka
On page 1, line 5, of the printed bill, delete everything after "Census" and insert "Current
Population Survey, as".
Moved by: Netherton
Second by: Maher
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1311 AS AMENDED
Moved by: Netherton
Second by: Maher
Action: Prevailed by roll call vote. (5-3-1-0)
Voting Yes: Curd, Langer, Maher, Novstrup, Netherton
Voting No: Bolin, Heinert, Ewing
Excused: Sutton
HB 1160: transfer victim services from the Department of Social Services to the Department
of Public Safety.
Presented by: Representative Reed
Proponents: Trevor Jones, Department of Public Safety
Senator Bolin
Dianna Miller, SD Network Against Family Violence & Sexual Assault
Richard Tieszen, South Dakota Sheriffs Association
MOTION: AMEND HB 1160
1160oa
On page 5, after line 19 of the House State Affairs Committee engrossed bill, insert:
" Section 6. That § 23A-28B-42 be amended to read:
23A-28B-42. In any criminal action for a violation of state law or county or municipal ordinance,
in addition to any other liquidated cost, penalty, assessment, surcharge, or fine provided by law, there
shall be levied a crime victims' compensation surcharge on each Class 2 misdemeanor, Class 1
misdemeanor, or felony conviction of two five dollars and fifty cents.
However, the surcharge imposed by this section does not apply to violations relating to parking
of vehicles. In a case of clear financial hardship when a fine is suspended in whole or in part, the
surcharge provided for in this section may be waived.
Section 7. That § 23A-28B-43 be amended to read:
23A-28B-43. The clerk of courts of each county shall collect any surcharge levied under § 23A-28B-42 and shall transmit such the collected surcharges within thirty days to the state treasurer who
shall place such the money received in the crime victims' compensation fund. For administration of
surcharge collection, the Unified Judicial System shall receive three one and one half percent of the
surcharge funds collected, to be deposited in the court automation fund. The department shall receive
twenty-seven thirteen and one half percent of surcharge funds collected for costs associated with
administering claims and for providing administrative services to the commission. Such Any
expenditures authorized from the fund shall be paid on warrants drawn by the state auditor on
vouchers approved by the secretary of the department.
Section 8. That § 23A-28B-25 be amended to read:
23A-28B-25. No claim for compensation may be awarded:
(1) Unless an application for compensation is filed with the department within one year after
the date of the personal injury or death and the personal injury or death was the result of
a crime which had been reported to a law enforcement officer or agency within five days
of its occurrence or, if the crime could not reasonably have been reported within such
period, within five days of the date when a report could reasonably have been made. The
department may waive the one year application requirement for good cause shown;
(2) If the victim:
(a) Engaged in conduct which substantially contributed to the infliction of the victim's
injury or death or engaged in conduct which the victim should reasonably have
foreseen could lead to the injury or death. However, this subsection does not apply
to any victim defined in subsections 23A-28B-1(12)(b) and (c) or to any victim of:
a sex offense under chapter 22-22; human trafficking under chapter 22-49;
domestic abuse under § 25-10-1; child abuse, neglect, or exploitation under § 26-8A-2; or abuse, neglect, or exploitation of an elder or an adult with a disability
under chapter 22-46;
(b) Committed or otherwise participated in a crime which caused or contributed to the
victim's injury or death;
(c) Fails or refuses to cooperate fully with any appropriate law enforcement officer or
agency or with the department in the administration of this chapter. If a claimant
other than a victim fails or refuses to cooperate pursuant to this subsection, no
compensation may be awarded to that claimant; or
(3) To any claimant, if the award would unjustly benefit an offender or an accomplice. ".
Moved by: Maher
Second by: Langer
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1160 AS AMENDED
Moved by: Langer
Second by: Bolin
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Bolin, Curd, Heinert, Langer, Maher, Novstrup, Sutton, Netherton, Ewing
MOTION: AMEND TITLE OF HB 1160
1160ota
On page 1, line 2, of the House State Affairs Committee engrossed bill, after "Public Safety"
insert ", to increase a surcharge to increase revenues to the crime victims' compensation fund, and
to revise certain provisions regarding the awarding of claims from the fund".
Moved by: Curd
Second by: Netherton
Action: Prevailed by voice vote.
HB 1286: authorize certain political parties to be classified under alternative political status,
to revise certain provisions regarding nominating petitions, and to declare an emergency.
Presented by: Senator Greenfield (Brock)
Others: Shantel Krebs, Secretary of State
MOTION: AMEND HB 1286
1286ff
On page 3, line 10, of the House engrossed bill, overstrike "senatorial or representative" and
insert "legislative chamber and the senate or house".
On page 3, line 17, after "district" insert ", whichever is less".
On page 9, line 7, after "voter." insert "The certificate of nomination shall be filed with the
secretary of state on or before July first at five p.m. central time.".
Moved by: Curd
Second by: Netherton
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1286 AS AMENDED
Moved by: Bolin
Second by: Langer
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Bolin, Curd, Heinert, Langer, Maher, Novstrup, Sutton, Netherton, Ewing
SR 4: Affirming South Dakota's state and federal elected officials to uphold their sworn duty
by taking all legal actions available to combat illegal immigration and the trafficking of
illegal aliens within our state.
Presented by: Senator Nelson (Handout(s): #3)
Opponents: Sister Kathleen Bierne, Presentation Sisters
MOTION: AMEND SR 4
r4fa
On page 2 of the printed resolution, delete lines 6 to 9, inclusive.
Moved by: Langer
Second by: Maher
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND SR 4
r4fb
On page 1 of the printed resolution, delete lines 10 to 15, inclusive.
Delete page 2.
Moved by: Heinert
Second by: Sutton
Action: Failed by roll call vote. (2-7-0-0)
Voting Yes: Heinert, Sutton
Voting No: Bolin, Curd, Langer, Maher, Novstrup, Netherton, Ewing
MOTION: AMEND SR 4
r4fa
On page 2 of the printed resolution, delete lines 6 to 9, inclusive.
Moved by: Langer
Second by: Maher
Action: Prevailed by roll call vote. (7-2-0-0)
Voting Yes: Bolin, Curd, Langer, Maher, Novstrup, Sutton, Netherton
Voting No: Heinert, Ewing
MOTION: AMEND SR 4
r4fc
On page 1, line 9, of the printed resolution, after "race," insert "religion,".
On page 1, line 15, delete "and refugees".
Moved by: Sutton
Second by: Heinert
Action: Prevailed by voice vote.
MOTION: AMEND TITLE OF SR 4
r4fta
On page 1, line 2, of the printed resolution, delete everything after "immigration" .
On page 1, line 3, delete everything before "within" .
Moved by: Novstrup
Second by: Netherton
Action: Prevailed by voice vote.
MOTION: AMEND SR 4
r4fe
On page 2, line 20, of the printed resolution, after "immigration" delete "and".
On page 2, line 21, delete everything before "within" .
Moved by: Novstrup
Second by: Netherton
Action: Prevailed by voice vote.
MOTION: AMEND SR 4
r4fd
On page 2, line 16, of the printed resolution, delete "Islamic".
Moved by: Sutton
Second by: Heinert
Action: Failed by voice vote.
MOTION: TO TABLE SR 4
Moved by: Sutton
Second by: Heinert
Action: Failed by roll call vote. (3-6-0-0)
Voting Yes: Heinert, Sutton, Ewing
Voting No: Bolin, Curd, Langer, Maher, Novstrup, Netherton
MOTION: ADOPT RESOLUTION SR 4 AS AMENDED
Moved by: Netherton
Second by: Maher
Action: Failed by roll call vote. (4-5-0-0)
Voting Yes: Langer, Maher, Novstrup, Netherton
Voting No: Bolin, Curd, Heinert, Sutton, Ewing
MOTION: DEFER SR 4 TO THE 41
ST LEGISLATIVE DAY
Moved by: Maher
Second by: Heinert
Action: Prevailed by roll call vote. (7-2-0-0)
Voting Yes: Bolin, Curd, Heinert, Maher, Novstrup, Sutton, Ewing
Voting No: Langer, Netherton
MOTION: MOTION TO RECOMMEND A SUMMER STUDY ON THE TOPIC OF
INCLUDING OTHER POLITICAL SUBDIVISIONS UNDER THE STATE
HEALTH PLAN AS PRESENTED IN SB 143, AND ALSO A STUDY ON
ACCESS TO MENTAL HEALTH SERVICES.
Moved by: Maher
Second by: Sutton
Action: Prevailed by voice vote.
MOTION: ADJOURN
Moved by: Netherton
Second by: Novstrup
Action: Prevailed by voice vote.
Glenda Woodburn
____________________________
Committee Secretary
Bob Ewing, Chair
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