AMERICAN CONSERVATIVE UNION FOUNDATION’S 2017 Ratings of South Dakota
Dear Fellow Conservative,
The American Conservative Union Foundation is proud to present our ratings of the 2017 meeting of the South Dakota Legislature. Like our Congressional Ratings, which date back 46 years, these ratings are meant to reflect how elected officials view the role of government in an individual’s life. We begin with our philosophy (conservatism is the political philosophy that sovereignty resides in the person) and then apply our understanding of government (its essential role is to defend life, liberty and property).
Because our ratings are designed to educate the public about how consistently their elected officials adhere to conservatism, we carefully examine the entire docket of legislation introduced in each state every year. We select the most meaningful bills and publish the results after the dust has settled. The ACU Foundation is the only organization to score over 8,000 elected officials each year, including lawmakers from all 50 states and Congress.
The 2016 election dramatically impacted the political landscape of not only Washington but state legislative chambers all across the country. Republicans now have control of both legislative chambers in 32 states, more than double the number they controlled in 2010. With these victories comes an ability to implement policies that restore individual liberty and return us to a limited form of government run by and for “We the People.”
It is our hope that these ratings will serve as a guide showing who can be relied on to fight for conservative principles and restore the role of government to what our nation’s founding fathers envisioned.
Sincerely,
Matt SchlappChairmanAmerican Conservative Union
LETTER FROM THE CHAIRMAN
3
AMERICAN CONSERVATIVE UNION FOUNDATION’S 2017 Ratings of South Dakota
SELECTING THE VOTES
ACU researched and selected a range of bills before the South Dakota Legislature that determine a member’s adherence to conservative principles. We selected bills that focus on Ronald Reagan’s philosophy of the “three-legged stool”: 1) fiscal and economic: taxes, budgets, regulation, spending, healthcare, and property; 2) social and cultural: 2nd amendment, religion, life, welfare, and education; and 3) government integrity: voting, individual liberty, privacy, and transparency. This wide range of issues are designed to give citizens an accurate assessment that conveys which of South Dakota’s elected leaders best defend the principles of a free society: Life, Liberty and Property.
1331 H Street NW, Suite 500Washington, DC 20005(202) 347-9388
Matt Schlapp Chairman
Charlie Gerow First Vice Chairman
Bob Beauprez Treasuer
Amy Frederick Secretary
Ed Yevoli At-Large
Jackie Arends
Larry Beasley
Kimberly Bellissimo
Steve Biegun
Morton C. Blackwell
John Bolton
Jose Cardenas
Ron Christie
Muriel Coleman
Becky Norton Dunlop
John Eddy
Luis Fortuno
Alan M. Gottlieb
Van D. Hipp, Jr.
Dr. M. Zuhdi Jasser
Michael R. Long
Ed McFadden
Carolyn D. Meadows
Priscilla O'Shaughnessy
Ron Robinson
Mike Rose
Ned Ryun
Peter Samuelson
Sabrina Schaeffer
Terry Schilling
Matt Smith
Thomas Winter
ACU BOARD MEMBERS
Matt Schlapp Chairman
Millie Hallow Vice Chairman
Van D. Hipp, Jr. Treasurer
Kimberly Bellissimo Secretary
Jose Cardenas
Jonathan Garthwaite
Charlie Gerow
Colin Hanna
Niger Innes
Adam Laxalt
Willes K. Lee
Mary Matalin
Carolyn D. Meadows
Randy Neugebauer
Thomas Winter
ACUF BOARD MEMBERS
4
AMERICAN CONSERVATIVE UNION FOUNDATION’S 2017 Ratings of South Dakota
2017 WINNERS & LOSERS
SENATE
GREENFIELDJENSENNETHERTON
90-100% AWARD FOR CONSERVATIVE EXCELLENCE
HOUSE
RHODEN
SENATE
KLUMBMONROENELSONSTALZERTAPIOYOUNGBERG
HOUSE
DISANTO
GOODWIN
HAUGAARD
HOWARD
JOHNSON
HOUSE
KAISER
LATTERELL
LIVERMONT
MAY
QUALM
80-89% AWARD FOR CONSERVATIVE ACHIEVEMENT
SENATE
n/a
10% COALITION OF THE RADICAL LEFT
HOUSE
n/a
<=
5
AMERICAN CONSERVATIVE UNION FOUNDATION’S 2017 Ratings of South Dakota
AMERICAN CONSERVATIVE UNION FOUNDATION’S 2017 Ratings of South Dakota
1. HB 1048 Licensing De-regulation. This bill exempts hair braiders from the state’s occupational licensing laws, which requires over 2,000 hours of training at a cost of $15,000. Expanding entrepreneurship promotes economic growth, which leads to greater family prosperity, as illustrated by the ACU Foundation’s Family Prosperity Index. ACU opposes the proliferation of licensing requirements, which are primarily designed to restrict competition, and supported this bill. The Senate passed the bill on January 25, 2017 by a vote of 35-0.
2. SB 61 Nursing Regulations. This bill allows certified nurse practitioners and nurse midwives to practice without an agreement with a physician once they have completed 1,040 hours of training under a physician’s supervision. Expanding entrepreneurship promotes economic growth, which leads to greater family prosperity, as illustrated by the ACU Foundation’s Family Prosperity Index. ACU supports reasonable regulatory reform that helps bring down the cost of health care and supported this bill. The Senate passed the bill on January 26, 2017 by a vote of 35-0.
3. HB 1069 Taxpayer-Funded Elections. This bill repeals a ballot initiative that established taxpayer subsidies for political candidates. Under the system, voters choose two political candidates to receive $50 each from a state fund to run their campaigns. ACU opposes taxpayers footing the bill for election campaigns and supported this bill. The Senate passed the bill on February 1, 2017 by a vote of 27-8.
4. SB 69 Motor Vehicle Excise Taxes. This bill changes the price on which the motor vehicle excise tax is based. Under the bill, the tax will be applied to the actual purchase price of the vehicle instead of the manufacturer’s list price. The bill also allows the tax to be paid directly by the purchaser rather than by the dealer. Higher tax burdens suppress economic growth, which reduces family prosperity, as illustrated by the ACU Foundation’s Family Prosperity Index. ACU believes it is absurd to pay taxes on a suggested price of any commodity rather than on the purchase price and supported this bill. The Senate passed the bill on February 7, 2017 by a vote of 35-0.
5. SB 137 Franchise Labor Law. This bill establishes that, when applying labor law, neither a person that holds a franchise nor that person’s employees are employees of the franchisor. ACU supports this common sense application of labor law in response to the Obama Administration’s National Labor Relations Board rule overturning decades of precedent in this area and supported this bill. The Senate passed the bill on February 13, 2017 by a vote of 28-4.
6. SB 77 Government Transparency. This bill requires the Legislative Research Council to produce a fiscal note for any legislation or constitutional amendment that has an impact on revenues, expenditures, or the fiscal liability of the state. The bill also requires cost estimates to be included in any ballot initiative. ACU supports increased government transparency and supported this bill. The Senate passed the bill on February 13, 2017 by a vote of 27-5.
7. HB 1038 Farm Corporation Regulations. This bill eliminates the requirement that South Dakota farm corporations file annual reports with the Secretary of State detailing their operations in the preceding year. ACU supports common sense regulatory reform that reduces the cost of doing business and supported this bill. The Senate passed the bill on February 13, 2017 by a vote of 25-8.
8. SB 136 Regulations for Midwives. This bill eases the regulations on midwives by creating a new category of Certified Professional Midwife. This category allows individuals who are not nurses to act as midwives in “low-risk” settings. This new category will require fingerprints and licensing, which is already a requirement for all midwives. Expanding entrepreneurship promotes economic growth, which leads to greater family prosperity, as illustrated by the ACU Foundation’s Family Prosperity Index. ACU opposes the proliferation of licensing requirements, which are primarily designed to reduce competition, and supported this bill as a step in the right direction. The Senate passed the bill on February 15, 2017 by a vote of 29-6.
9. SB 135 Food Labeling Expansion. This bill expands the government food labeling regulations to require that all meat includes a placard stating which country the meat is from. Current regulations only require notification of whether the meat is imported or domestic. ACU opposes unnecessary regulations, which drive up the cost consumers must pay for products, and opposed this bill. The Senate defeated the bill on February 21, 2017 by a vote of 13-21.
10. SB 163 Donor Disclosure. This bill eliminates the requirement that those who make an independent expenditure in a campaign disclose the names of the top five contributors to that organization for the preceding 12 months. ACU opposes laws that are designed to intimidate donors and chill political speech and supported this bill. The Senate defeated the bill on February 21, 2017 by a vote of 16-16.
SOUTH DAKOTA SENATE VOTE DESCRIPTIONS
7
AMERICAN CONSERVATIVE UNION FOUNDATION’S 2017 Ratings of South Dakota
11. SB 144 Gun Permits. This bill states that members of the National Guard and Armed Forces Reserve do not need a permit to carry a loaded or unloaded pistol or revolver, whether it is or is not concealed. It also allows firearms to be stowed in their vehicle. ACU supports the founders’ belief in the Second Amendment and supported this bill. The Senate passed the bill on February 22, 2017 by a vote 18-16.
12. SB 134 Use of Government Resources. This bill prohibits the use of public school resources to advocate for an outcome of any election or vote in the legislature. The bill is in response to teachers and administrators relaying messages from students in favor of a sales tax increase. ACU opposes taxpayer funded resources being used for any political activity and supported this bill. The Senate defeated the bill on February 23, 2017 by a vote of 8-27.
13. HB 1149 Mandatory Cellphone Surcharge. This bill makes a slight reduction, from 15 cents per unit to 14 cents, in the cellphone surcharge applied to every phone pager and local change provider. Although designed to pay for disability communications services, surplus funds in the program have been used to pay for other unrelated government programs. ACU supports returning surplus funds to taxpayers rather than using them for government programs unrelated to their intended use and supported this bill. The Senate passed the bill on February 28, 2017 by a vote of 24-9.
14. HB 1130 Public Information on Constitutional Amendments. This bill requires the Secretary of State to provide public notice on its website of petitions filed for amendments to the state constitution. It also requires public hearings on the measures and that comments from registered voters are published on the aforementioned website. ACU supports government transparency and informing the public on ballot initiatives and supported this bill. The Senate defeated the bill on March 1, 2017 by a vote of 7-28.
15. HB 1107 License Restriction. This bill eases restrictions on the number of alcoholic beverage licenses that one person or business is allowed to hold, which is currently set at three. Instead, the bill gives the governing board the option to restrict applications if a single entity possess more than one-third of all licenses issued. ACU opposes government limits on any licenses and supported this bill. The Senate passed the bill on March 1, 2017 by a vote of 31-4.
16. SB 81 Powdered Alcohol. This bill prohibits the sale, manufacture, or possession of powdered alcohol. ACU opposes banning a product that is approved for sale by the Food and Drug Administration, and is restricted primarily to prevent competition, and opposed this bill. The Senate passed the bill on March 2, 2017 by a vote of 30-3.
17. HB 1072 Concealed Carry. This bill eliminates permit requirements for concealed weapons. ACU supports the founders’ belief in the Second Amendment and supported this bill. The Senate passed the bill on March 6, 2017 by a vote of 23-11 but it was vetoed by the governor.
18. HB 1112 Government Regulation of Public Projects. This bill expands the government prohibition on anyone acting as both an architect/engineer and as a contractor on any public improvement project greater than $100,000. ACU opposes these mandates, which force the hiring of extra personnel and raise the cost of projects at the expense of taxpayers, and opposed this bill. The Senate passed the bill on March 6, 2017 by a vote of 21-13.
19. HB 1156 Firearms in the Capitol. This bill allows a concealed pistol in the state Capitol building in Pierre if the person has an enhanced permit. Registration to carry the pistol must be made 24 hours in advance and is good for 30 days. Firearms will still be prohibited in the Supreme Court. ACU supports the founders’ belief in the Second Amendment and supported this bill. The Senate passed the bill on March 6, 2017 by a vote of 19-15.
20. HB 1179 Mortgage Lending Regulations. This bill increases the number of nonresidential mortgage loans a person can offer in a 12-month period. Under the bill, an individual can offer five loans without having to obtain a mortgage lender’s license, so long as the total balance on the loans does not exceed $4 million. Currently, an individual may only offer three loans. Expanding entrepreneurship promotes economic growth, which leads to greater family prosperity, as illustrated by the ACU Foundation’s Family Prosperity Index. ACU supports regulatory reform of this kind and supported this bill. The Senate passed the bill on March 7, 2017 by a vote of 33-2.
21. HB 1191 Food Stamp Reform. This bill requires food stamp recipients to cooperate with the state Division of Child Support in order to receive benefits. This includes providing information about an absent parent and engaging in routine communication with the state to help collect child support when necessary. ACU supports reasonable regulations in order to receive welfare benefits and supported this bill. The Senate passed the bill on March 7, 2017 by a vote of 25-10.
22. HB 1184 Labor Law Reform. This bill exempts employees of postsecondary technical institutes from collective bargaining agreements. ACU supports the right of employees to make their own bargaining agreements and supported this bill. The Senate passed the bill on March 7, 2017 by a vote of 27-8.
8
AMERICAN CONSERVATIVE UNION FOUNDATION’S 2017 Ratings of South Dakota
AMERICAN CONSERVATIVE UNION FOUNDATION’S 2017 Ratings of South Dakota
1. HB 1048 Licensing De-regulation. This bill exempts hair braiders from the state’s occupational licensing laws, which requires over 2,000 hours of training at a cost of $15,000. Expanding entrepreneurship promotes economic growth, which leads to greater family prosperity, as illustrated by the ACU Foundation’s Family Prosperity Index. ACU opposes the proliferation of licensing requirements, which are primarily designed to restrict competition, and supported this bill. The House passed the bill on January 19, 2017 by a vote of 59-8.
2. HB 1038 Farm Corporation Regulations. This bill eliminates the requirement that South Dakota farm corporations file annual reports with the Secretary of State detailing their operations in the preceding year. ACU supports common sense regulatory reform that reduces the cost of doing business and supported this bill. The House passed the bill on January 23, 2017 by a vote of 58-10.
3. HB 1069 Taxpayer-Funded Elections. This bill repeals a ballot initiative that established taxpayer subsidies for political candidates. Under the system, voters choose two political candidates to receive $50 each from a state fund to run their campaigns. ACU opposes taxpayers footing the bill for election campaigns and supported this bill. The House passed the bill on January 24, 2017 by a vote of 54-13.
4. HB 1112 Government Regulation of Public Projects. This bill expands the government prohibition on anyone acting as both an architect/engineer and as a contractor on any public improvement project greater than $100,000. ACU opposes these mandates, which force the hiring of extra personnel and raise the cost of projects at the expense of taxpayers, and opposed this bill. The House passed the bill on February 6, 2017 by a vote of 44-23.
5. SB 61 Nursing Regulations. This bill allows certified nurse practitioners and nurse midwives to practice without an agreement with a physician once they have completed 1,040 hours of training under a physician’s supervision. Expanding entrepreneurship promotes economic growth, which leads to greater family prosperity, as illustrated by the ACU Foundation’s Family Prosperity Index. ACU supports reasonable regulatory reform that helps bring down the cost of health care and supported this bill. The House passed the bill on February 13, 2017 by a vote of 62-6.
6. HB 1184 Labor Law Reform. This bill exempts employees of postsecondary technical institutes from collective bargaining agreements. ACU supports the right of employees to make their own bargaining agreements and supported this bill. The House passed the bill on February 21, 2017 by a vote of 54-14.
7. HB 1130 Public Information on Constitutional Amendments. This bill requires the Secretary of State to provide public notice on its website of petitions filed for amendments to the state constitution. It also requires public hearings on the measures and that comments from registered voters are published on the aforementioned website. ACU supports government transparency and informing the public on ballot initiatives and supported this bill. The House passed the bill on February 21, 2017 by a vote of 37-32.
8. HB 1191 Food Stamp Reform. This bill requires food stamp recipients to cooperate with the state Division of Child Support in order to receive benefits. This includes providing information about an absent parent and engaging in routine communication with the state to help collect child support when necessary. ACU supports reasonable regulations in order to receive welfare benefits and supported this bill. The House passed the bill on February 21, 2017 by a vote of 57-12.
9. HB 1107 License Restriction. This bill eases restrictions on the number of alcoholic beverage licenses that one person or business is allowed to hold, which is currently set at three. Instead, the bill gives the governing board the option to restrict applications if a single entity possess more than one-third of all licenses issued. ACU opposes government limits on any licenses and supported this bill. The House passed the bill on February 22, 2017 by a vote of 49-19.
10. SB 137 Franchise Labor Law. This bill establishes that, when applying labor law, neither a person that holds a franchise nor that person’s employees are employees of the franchisor. ACU supports this common sense application of labor law in response to the Obama Administration’s National Labor Relations Board rule overturning decades of precedent in this area and supported this bill. The House passed the bill on February 23, 2017 by a vote of 67-0.
11. HB 1200 Donor Disclosure. This bill requires any group that makes campaign finance disclosure reports or gives $25,000 or more to ballot question committees to list their 50 largest donors. ACU opposes efforts to intimidate donors to advocacy groups and chill political speech and opposed this bill. The House passed the bill on February 23, 2017 by a vote of 42-25.
12. HB 1157 Agriculture Subsidies. This bill creates a new bureaucracy, the Agriculture Future Development Fund, which will make grants and loans to promote the activities and products of the South Dakota agricultural industry. ACU opposes using taxpayer funds to promote an industry that already receives numerous federal subsidies and benefits from existing promotional programs and opposed this bill. The House passed the bill on February 23, 2017 by a vote of 60-7.
SOUTH DAKOTA HOUSE VOTE DESCRIPTIONS
12
AMERICAN CONSERVATIVE UNION FOUNDATION’S 2017 Ratings of South Dakota
13. HB 1187 Property Rights. This bill makes it more difficult for third parties to appeal the approval of a conditional use permit for facilities on private property, such as animal feeding operations, by giving deference to the decision of the approving authority. The ACU Foundation’s Center for 21st Century Property Rights engages heavily on property rights issues. ACU supports strengthening private property rights and supported this bill. The House defeated the bill on February 23, 2017 by a vote of 33-34.
14. SB 69 Motor Vehicle Excise Taxes. This bill changes the price on which the motor vehicle excise tax is based. Under the bill, the tax will be applied to the actual purchase price of the vehicle instead of the manufacturer’s list price. The bill also allows the tax to be paid directly by the purchaser rather than by the dealer. Higher tax burdens suppress economic growth, which reduces family prosperity, as illustrated by the ACU Foundation’s Family Prosperity Index. ACU believes it is absurd to pay taxes on a suggested price of any commodity rather than on the purchase price and supported this bill. The House passed the bill on February 27, 2017 by a vote of 56-11.
15. SB 77 Government Transparency. This bill requires the Legislative Research Council to produce a fiscal note for any legislation or constitutional amendment that has an impact on revenues, expenditures, or the fiscal liability of the state. The bill also requires cost estimates to be included in any ballot initiative. ACU supports increased government transparency and supported this bill. The House passed the bill on February 28, 2017 by a vote of 47-21.
16. SB 81 Powdered Alcohol. This bill prohibits the sale, manufacture, or possession of powdered alcohol. ACU opposes banning a product that is approved for sale by the Food and Drug Administration and is restricted primarily to prevent competition and opposed this bill. The House passed the bill on February 28, 2017 by a vote of 56-11.
17. SB 136 Regulations for Midwives. This bill eases the regulations on midwives by creating a new category of Certified Professional Midwife. This category allows individuals who are not nurses to act as midwives in “low-risk” settings. This new category will require fingerprints and licensing, which is already a requirement for all midwives. Expanding entrepreneurship promotes economic growth, which leads to greater family prosperity, as illustrated by the ACU Foundation’s Family Prosperity Index. ACU opposes the proliferation of licensing requirements, which are primarily designed to reduce competition, and supported this bill as a step in the right direction. The House passed the bill on March 1, 2017 by a vote of 52-17.
18. HB 1179 Mortgage Lending Regulations. This bill increases the number of nonresidential mortgage loans a person can offer in a 12-month period. Under the bill, an individual can offer five loans without having to obtain a mortgage lender’s license, so long as the total balance on the loans does not exceed $4 million. Currently, an individual may only offer three loans. Expanding entrepreneurship promotes economic growth, which leads to greater family prosperity, as illustrated by the ACU Foundation’s Family Prosperity Index. ACU supports regulatory reform of this kind and supported this bill. The House passed the bill on March 8, 2017 by a vote of 45-16.
19. HB 1072 Concealed Carry. This bill eliminates permit requirements for concealed weapons. ACU supports the founders’ belief in the Second Amendment and supported this bill. The House failed to override the governor’s veto of the bill on March 27, 2017 by a vote of 36-33 (a two-thirds vote was required).
20. HB 1149 Mandatory Cellphone Surcharge. This bill makes a slight reduction, from 15 cents to per unit to 14 cents, in the cellphone surcharge that is applied to every phone pager and local change provider. Although designed to pay for disability communications services, surplus funds in the program have been used to pay for other unrelated government programs. ACU supports returning surplus funds to taxpayers rather than using them for government programs unrelated to their intended use and supported this bill. The House failed to override the governor’s veto of the bill on March 27, 2017 by a vote of 41-28 (a two-thirds vote was required).
21. HB 1156 Firearms in the Capitol. This bill allows a concealed pistol in the state Capitol building in Pierre if the person has an enhanced permit. Registration to carry the pistol must be made 24 hours in advance and is good for 30 days. Firearms will still be prohibited in the Supreme Court. ACU supports the founders’ belief in the Second Amendment and supported this bill. The House failed to override the governor’s veto of the bill on March 27, 2017 by a vote of 42-27 (a two-thirds vote was required).
13
AMERICAN CONSERVATIVE UNION FOUNDATION’S 2017 Ratings of South Dakota
ZIKMUND R 14 + E E - + + + + + + - - + + + - - + + - + 13 19 68% 50% 67%
† Legislator did not vote on enough of the selected bills and as a result the 2017 percentage was not rated. 2/3rds of the selected bills must be voted on to receive a score.
