94
th Legislative Session _ 2019
Committee: Senate State Affairs
Wednesday, February 27, 2019
P - Present
E - Excused
A - Absent
Roll Call
P Bolin
P Greenfield (Brock)
P Langer
P Novstrup
P Youngberg
P Heinert
P Kennedy
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 FEBRUARY 25
Moved by: Bolin
Second by: Youngberg
Action: Prevailed by voice vote.
HB 1087: promote intellectual diversity at certain institutions of higher education.
Presented by: Representative Sue Peterson (Handout(s): 1,2)
Proponents: Baylee Dittman, self, Spearfish
Kyle Hartmann, self, Brookings
Joe Cohn, self, Philadelphia
Andrew Curley, Americans For Prosperity
Senator Jim Stalzer
Opponents: Paul B. Beran, Board of Regents
Nathan Lukkes, Board of Regents
Spencer Harwood, student, South Dakota State University (Handout(s): 3)
Allyson Monson, student, South Dakota State University
Sheila Gestring, Board of Regents
Barry Dunn, Board of Regents
Jose-Marie Griffiths, Board of Regents
Timothy Downs, Board of Regents
MOTION: AMEND HB 1087
1087bd
On page 6 of the House engrossed bill, delete lines 13 to 15, inclusive, and insert:
"
(3) Recognize that it is not the proper role of an institution to attempt to shield individuals from free
speech, including ideas and opinions they find offensive, unwise, immoral, indecent, disagreeable,
conservative, liberal, traditional, radical, or wrong-headed;
(4) Recognize that although an institution should greatly value civility and mutual respect, concerns
about civility and mutual respect may never be used by an institution as a justification for closing
off the discussion of ideas, however offensive, unwise, immoral, indecent, disagreeable,
conservative, liberal, traditional, radical, or wrong-headed those ideas may be to some students or
faculty;".
On page 6, line 16, delete "(4)" and insert "(5)".
On page 6, line 20, delete "(5)" and insert "(6)".
On page 6, line 23, delete everything after "not" and insert "substantially obstruct or otherwise
substantially interfere with the freedom of others to express views they reject or even loathe;
(7) Recognize that an institution has a responsibility to promote a lively and fearless freedom of debate
and deliberation and protect that freedom; and".
On page 6, delete line 24.
On page 7, line 1, delete "(6)" and insert "(8)".
Moved by: Langer
Second by: Bolin
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1087 AS AMENDED
Moved by: Langer
Second by: Klumb
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER HB 1087 TO THE 41
ST LEGISLATIVE DAY
Moved by: Kennedy
Second by: Heinert
Action: Prevailed by roll call vote. (6-3-0-0)
Voting Yes: Bolin, Novstrup, Youngberg, Heinert, Kennedy, Ewing
Voting No: Greenfield (Brock), Langer, Klumb
HB 1178: revise provisions regarding the beginning period for absentee voting.
Presented by: Representative Lee Qualm (Handout(s): 4,5)
Proponents: Senator Brock Greenfield
Opponents: Kea Warne, Office of the Secretary of State
Steve Barnett, Secretary of State
Bob Litz, self , Minnehaha Co
Susan Kiepke, self, Mitchell
Lisa Schieffer, self, Meade Co
Carrie Crum, self, Clay Co
Cathy McNickle,self,, Brown Co
Shelly Pfaff, SD Coalition of Citizens with Disabilities
Debra Halverson,self, Kennebec
Susan William, self, Bennett Co
Rebecca Krein, self, Walworth Co
Marlene Sweeter,self, Lincoln Co
Sheila Hageman,self, Turner Co
Phyllis Barker,self, Douglas Co
Susan Conner, self,Miner Co
Philena Burtch,self, Stanley Co
Jackie Sieverding,self, Union Co
Amanda Frink, self, Haakon Co
MOTION: DEFER HB 1178 TO THE 41ST LEGISLATIVE DAY
Moved by: Youngberg
Second by: Heinert
Action: Prevailed by roll call vote. (8-1-0-0)
Voting Yes: Bolin, Langer, Novstrup, Youngberg, Heinert, Kennedy, Klumb, Ewing
Voting No: Greenfield (Brock)
HB 1094: revise certain programs regarding transparency of the petition circulation process.
Presented by: Representative Jon Hansen
Proponents: Will Mortenson, South Dakota Biotechnology Association
Nathan Sanderson, South Dakota Retailers Association
MOTION: AMEND HB 1094
1094wc
On page 3, line 8, of the House State Affairs Committee engrossed bill, delete everything after "shall"
and insert "certify".
On page 3, line 9, delete everything before "age" and insert "the circulator's name, that the circulator is
at least eighteen years of".
On page 3, line 13, delete "affidavit" and insert "certification".
On page 3, line 15, delete "affidavit" and insert "certification".
On page 3, between lines 18 and 19, insert:
"
An application submitted under this section may be filed by electronic transmission in accordance with
methods approved by the secretary of state. To be timely filed, any application received by electronic
transmission shall be legible when received by the means it was delivered.".
On page 4, line 1, delete "sworn affidavit" and insert "application".
On page 4, line 2, delete "affidavit" and insert "application".
On page 4, line 7, delete "an annual" and insert "a".
On page 4, line 8, after both "The" delete "annual".
On page 4, line 21, delete "A badge for".
On page 4, delete line 22.
Moved by: Klumb
Second by: Bolin
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1094 AS AMENDED
Moved by: Langer
Second by: Klumb
Action: Prevailed by roll call vote. (7-1-1-0)
Voting Yes: Bolin, Greenfield (Brock), Langer, Novstrup, Youngberg, Klumb, Ewing
Voting No: Kennedy
Excused: Heinert
MOTION: ADJOURN
Moved by: Klumb
Second by: Langer
Action: Prevailed by voice vote.
Mary Beth Fravel
____________________________
Committee Secretary
Bob Ewing, Chair
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