PIERRE There is plenty on the plate already for the 15 members of the Legislatures task force on initiatives, referrals and constitutional amendments who convene later this month.
Presentations and testimony pack two days of meetings on Tuesday, June 20, and Wednesday, June 21.
Rep. David Lust of Rapid City, a former House Republican leader, sponsored the legislation creating the task force.
During the first House debate on it, Lust said: I think this is prudent policy and I hope good things come from the task force.
He said a task force isnt normally his preferred option. He described them generally as cul de sacs where good ideas go to die.
Lust defended the proposed membership, saying by design it had more citizens than has been usual for legislative studies.
Thats who does initiative and referendum measures. I think its very important that it not be comprised of legislators, he said.
South Dakota voters had approved Initiated Measure 22 in the November 2016 election. Among the provisions, IM 22 strictly prohibited conflicts of interest and restricted campaign contributions.
"HB 1141 was a way for me to encourage the legislature to step-back and take a less reactionary approach to IM 22 and the rush to reform the initiative and referendum process. As you know there were many bills designed to 'fix' the initiative and referendum process all on the heels of IM 22. It makes more sense to approach the process more deliberately and with a larger perspective," Lust said Tuesday.
Republican legislative leaders filed a lawsuit in state court seeking to throw out IM 22. On Dec. 8, Circuit Judge Mark Barnett suspended it, entirely, from taking effect.
While waiting to proceed to the South Dakota Supreme Court, Republican legislators repealed IM 22. Lust was one of the 13 House members who voted against the IM 22 repeal, HB 1069.
The session then turned to replacing various parts of IM 22 with lawmakers own versions. Neither sides lawmakers, however, offered a replacement for a public-financing plan for election campaigns that was part of IM 22.
The task force starts work at 9 a.m. CT on June 20. The first-day agenda calls for task force members to:
Discuss the goals for the task force;
Consider the history of South Dakotas processes for voters to directly legislate or amend the state constitution;
Hear testimony from the three offices involved in the processes the Legislative Research Council, the state attorney general and the secretary of state; and
Analyze South Dakota in comparison with other states.
The second-day agenda for June 21, again starting at 9 a.m. CT, opens with approximately two hours of public testimony.
Then comes one hour of discussion among task force members regarding any proposals.
Running the show is Emily Wanless of Sioux Falls, who is a faculty member at Augustana University. House Speaker Mark Mickelson, R-Sioux Falls, chose her in part because she is a Libertarian Party member.
Vice chairman is Rep. Don Haggar, R-Sioux Falls, who is House speaker pro tem.
Lusts initial version called for seven members: the secretary of state; the attorney general; a member of the South Dakota Chamber of Commerce and Industry; two House members appointed by the speaker; and two senators appointed by the Senate president pro tem, who is Sen. Brock Greenfield, R-Clark.
House Republican leader Lee Qualm of Platte at a House committee hearing amended the bill to call for 15 members. They included:
Two Republicans and one Democrat from the House, chosen by the House speaker;
Two Republicans and one Democrat from the Senate, chosen by the Senate president pro tem;
The secretary of state and the attorney general;
One member appointed by the governor;
Two members from the state Board of Elections;
One member of the faculty from a political science department at university or college in South Dakota, chosen by the House speaker;
One member representing the South Dakota Chamber of Commerce and Industry;
One member representing the South Dakota Municipal League; and
One member representing the South Dakota Association of County Commissioners.
That version of Lusts legislation squeaked through House on a 39-29 vote for approval. Democrats and many Republican ultra-conservatives opposed it.
The Senate switched up membership with an amendment from the Senate Democratic leader, Billie Sutton of Burke.
The Sutton amendment gave the governor two appointments: One from a business background and the other from an agricultural setting; with the requirement they be from different political parties.
In turn senators took away the chamber of commerce seat. Senators also:
Required the elections board appointees come from different political parties;
Decided the House speakers faculty appointment should be an independent or from a minor political party; and
Allowed the municipal league and county commissioners to choose their appointees.
The Senate voted 27-8 for its version of HB 1141. The only yea among the six Democrats came from Sutton.
The House agreed with the Senate amendments 46-19, picking up yeas from some who opposed the bill on its first run through the chamber.
Gov. Dennis Daugaard signed it into law March 10.
The law sets the task force budget at $21,000. It says the task force should report to the Legislature and the governor before the start of the 2018 legislative session.
It also says the task force should operate similar to an interim legislative committee, with authority to offer draft legislation and policy recommendations. That is despite only six members being senators or representatives.
The Legislatures Executive Committee, headed by Mickelson this year, shall supervise the task force, according to the law.
Wanless fulfills the speakers faculty appointment. The three House members are Haggar, Rep. Tim Reed, R-Brookings, and Rep. Karen Soli, D-Sioux Falls.
The senators are Republicans Jim Bolin of Canton and Ernie Otten of Tea, and Democrat Reynold Nesiba of Sioux Falls.
Nesiba spearheaded the successful initiative that restricted the state-airplane use by Mike Rounds, who then was the Republican governor, and now is a U.S. senator.
Duane Sutton, a Republican former legislator from Brown County, is the county commissioner. Yvonne Taylor, who is executive director for the municipal league, represents her membership.
The governors duo are Will Mortenson, a Republican lawyer from the Fort Pierre ranching family, and University of South Dakota president Jim Abbott, a lawyer and a Democratic former legislator. Abbott was the partys nominee for governor in 2002.
The elections board members are Republican Pam Lynde, the Deuel County auditor, and Democratic former legislator Linda Lea Viken, a Rapid City lawyer.
Secretary of State Shantel Krebs and state Attorney General Marty Jackley are non-voting members of the task force.
Krebs is a candidate for the Republican U.S. House nomination. She is running against Republican Dusty Johnson, a former state Public Utilities Commission member and Daugaards first-term chief of staff.
Jackley is a candidate for the Republican governor nomination in what so far is a four-candidate field.
One of the other Republicans is U.S. Rep. Kristi Noem, who wants to make history as South Dakotas first woman to serve as governor.
Not everyone supported the task forces creation. House Democratic leader Spencer Hawley of Brookings said it was another step to control initiated measures. So please dont tighten it up any more, Hawley said.
Lusts legislation would take decisions away from legislators and pushes them onto a task force, said Rep. Spencer Gosch, R-Glenham. We no longer get a say. Were just supposed to swallow whatever comes out, he said.
Rep. Tona Rozum, R-Mitchell, defended it. Were throwing a lot of stuff at the wall this year, she said, and quite a bit of it is sticking at this point.
Continued here:
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