2016 RATINGS of SOUTH DAKOTA

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1 2016 RATINGS of SOUTH DAKOTA #ACURatings Conservative.org TABLE OF CONTENTS Letter from the Chairman 2 SD Senate Vote Descriptions 5 ACU & ACUF Board Members 3 SD Senate Scores 6 Selecting the 3 SD House Vote Descriptions Winners & Losers 4 SD House Scores 10

2 LETTER FROM THE CHAIRMAN Dear Fellow Conservatives, We are pleased to present the American Conservative Union Foundation s ratings for the 2016 meeting of the South Dakota Legislature. Like our Congressional Ratings, our State Ratings reflect how elected officials view the role of government in an individual's life. The South Dakota legislators with the highest scores voted most consistently with the ideals articulated in the U.S. Constitution: limited and transparent government, individual rights, personal responsibility, and lasting cultural values. In 2015, ACU Foundation was proud to make history by being the first organization to rate every single state legislature across the full spectrum of issues, helping each voter understand how his or her state ranks among the rest. Ultimately, we are trying to help people understand what conservatism is and how it improves the lives of everyday Americans. Conservatism is the political philosophy that sovereignty resides in the person. We think that understanding this idea is essential if Americans are to successfully govern themselves again. Working with our policy centers and fellows, the ACU Foundation engages in deep policy analysis to help create our annual state scorecards. We have enhanced the vote descriptions this year to show this effort more clearly. By examining all 50 of our State Ratings, we can see which states have most effectively promoted conservative solutions and which have struggled. Our ratings also help identify legislators who have courageously fought against liberal majorities. We hope that this guide helps you learn how well, or poorly, your legislators work to preserve the values we share. Sincerely, Matt Schlapp Chairman American Conservative Union 2

3 ACU BOARD MEMBERS Matt Schlapp Chairman Charlie Gerow First Vice Chairman Carolyn D. Meadows Second Vice Chairman Bob Beauprez Treasuer Amy Frederick Secretary Thomas Winter Executive Committee Member Larry Beasley Kimberly Bellissimo Morton C. Blackwell John Bolton Jose Cardenas Ron Christie Muriel Coleman Kellyanne Conway Tom DeLay Becky Norton Dunlop ACU FOUNDATION BOARD MEMBERS John Eddy Luis Fortuno Alan M. Gotleib Van D. Hipp, Jr. Dr. M. Zuhdi Jasser James V. Lacy Michael R. Long Ed McFadden Grover G. Norquist Ron Robinson Mike Rose Ned Ryun Peter Samuelson Sabrina Schaeffer Fred L. Smith, Jr. Matt Smith Ed Yevoli 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. Matt Schlapp Chairman Millie Hallow Vice Chairman Van D. Hipp, Jr. Treasurer Amy Frederick Secretary Kimberly Bellissimo Jose Cardenas Jonathan Garthwaite Charlie Gerow Colin Hanna Niger Innes Willes Lee Carolyn D. Meadows Randy Neugebauer Thomas Winter 1331 H Street NW, Suite 500 Washington, DC (202)

4 2016 WINNERS & LOSERS AWARD FOR CONSERVATIVE EXCELLENCE <= 10 COALITION OF THE RADICAL LEFT SENATE HOUSE SENATE HOUSE JENSEN n/a Parsley Gibson Hawks Hawley AWARD FOR CONSERVATIVE ACHIEVEMENT SENATE GREENFIELD HOUSE BRUNNER CAMPBELL DiSANTO HOUSE MARTY RUSSELL 4

5 SOUTH DAKOTA SENATE VOTE DESCRIPTIONS 1. SB 16 Garden Nursery License Regulations. This bill requires garden nursery operators to obtain a state license that comes with a fee based on the size of the business. They will also be required to pay an additional inspection fee of $250. Research based on the ACU Foundation s Family Prosperity Index shows that when entrepreneurship is suppressed, the resulting decline in economic growth leads to a reduction in family prosperity. ACU opposes the proliferation of license requirements for businesses, discourages bills designed to restrict competition and opposed this bill. The Senate passed the bill on February 23, 2016 by a vote of SB 159 School Choice. This bill establishes a new scholarship program, the Partners in Education Tax Credit Program. Scholarships for low-income students to attend either public or private schools are funded by insurance companies which will receive an 80 percent tax credit for contributions to organizations that provide the scholarships and is the first school choice program in South Dakota to include private schools. ACU supports school choice and supported this bill. The Senate passed the bill on February 24, 2016 by a vote of HB 1213 Corporate Subsidies. This bill authorizes the Building South Dakota Program, a program that authorizes the Governor s Office of Economic Development, to give tax breaks to companies it deems to include innovative technologies and original research. This program was defeated in a 2012 referendum. ACU opposes these corporate subsidies that select specific businesses over others to receive taxpayer funding, which places a higher tax burden on those not favored by the government, and opposed this bill. The Senate passed the bill on February 29, 2016 by a vote of HB 1182 Sales Tax Increase. This bill increases the state sales tax by one-half percent to fund a teacher pay increase. Research based on the ACU Foundation s Family Prosperity Index shows that higher tax burdens suppress economic growth, which reduces family prosperity. ACU opposes needless tax increases at a time when large school reserve funds and existing state revenues could pay for the increases and opposed this bill. The Senate passed the bill on March 1, 2016 by a vote of (a two-thirds vote was required). 5. HB 1177 Solar Energy Subsidies. This bill changes the way solar energy facilities are taxed to match the method used for wind energy facilities which are taxed at a much lower rate than other production facilities. ACU supports the production and fair competition of energy, believes the state should find a fair method to tax all forms of energy, and opposed this bill. The Senate passed the bill on March 3, 2016 by a vote of HB 1094 Fertilizer Inspection Fees. This bill triples fertilizer inspection fees to pay for a new bureaucracy, the Nutrient Research and Education Council, to conduct research on fertilizer. ACU opposes this mandatory tax on businesses for a program that should be financed on a voluntary basis by the industry and opposed this bill. The Senate passed the bill on March 3, 2016 by a vote of HB 1110 Illegal Immigrant Benefits. This bill provides taxpayer funded healthcare for illegal immigrants. ACU opposes special benefits for illegal immigrants and opposed this bill. The Senate passed the bill on March 7, 2016 by a vote of HB 1157 Informed Consent for Abortions. This bill requires that doctors inform pregnant mothers on a number of abortion related topics, including that chemical abortions can be reversed if action is quickly taken and that an abortion will terminate the life of a whole, separate, unique, living human being. ACU Foundation s Center for Human Dignity engages heavily on these issues and believes abortion is a human tragedy, supports restrictions on the practice and educating patients, and ACU supported this bill. The Senate passed the bill on March 7, 2016 by a vote of HB 1091 Ridesharing Regulations. This bill allows ridesharing companies, such as Uber and Lyft, to operate in South Dakota. It also pre-empts local regulations that require companies and personnel to acquire commercial license plates and commercial driver s licenses. Research based on the ACU Foundation s Family Prosperity Index shows that expanded entrepreneurship promotes economic growth, allowing families to prosper. ACU supports a free market in ride-sharing and supported this bill. The Senate passed the bill on March 8, 2016 by a vote of SB 72 Abortion Restrictions. This bill prohibits abortions after 20 weeks of pregnancy when the unborn child is capable of feeling pain, except in the case of a medical emergency. Research based on the ACU Foundation s Family Prosperity Index indicates that declining birth rates ultimately hinder economic growth, which negatively effects family prosperity. ACU believes abortion is a human tragedy, supports restrictions on the practice and supported this bill. The Senate passed the bill on March 9, 2016 by a vote of

6 SOUTH DAKOTA SENATE SCORES SOUTH DAKOTA SENATE STATISTICS OVERALL AVERAGE 45 REPUBLICAN AVERAGE 48 LOWEST REPUBLICANS TIESZEN, VEHLE 20 DEMOCRAT AVERAGE 33 HIGHEST DEMOCRATS HUNHOFF, SPARKS SUTTON SOUTH DAKOTA SENATE VOTE DETAIL Party District SB 16 SB 159 HB 1213 HB 1182 HB 1177 HB 1094 HB 1110 HB 1157 HB 1091 SB 72 ACU Bradford D BROWN R Buhl O'Donnell D E E E E n/a CAMMACK R CURD R E E EWING R FIEGEN R n/a 30 Frerichs D GREENFIELD R HAGGAR R HAVERLY R HEINEMAN R Heinert D HOLIEN R Hunhoff D JENSEN R MONROE R NOVSTRUP R OLSON R OMDAHL R Cast LIFETIME AVG

7 SOUTH DAKOTA SENATE VOTE DETAIL Party District SB 16 SB 159 HB 1213 HB 1182 HB 1177 HB 1094 HB 1110 HB 1157 HB 1091 SB 72 ACU OTTEN R Parsley D PETERS R E Peterson D RAMPELBERG R RUSCH R SHORMA R n/a 40 SOHOLT R SOLANO R Sutton D TIDEMANN R E TIESZEN R VAN GERPEN R VEHLE R WHITE R Legislator did not vote on enough of the selected bills and as a result the 2016 percentage was not rated. Cast LIFETIME AVG 7

8 SOUTH DAKOTA HOUSE VOTE DESCRIPTIONS 1. HB 1097 Tax Reform. This bill exempts telecommunications service fees and taxes already paid to the federal government from the gross receipts tax, which is a tax on the gross revenue of a company. ACU supports this common-sense tax reform and supported this bill. The House defeated the bill on February 2, 2016 by a vote of HB 1129 Concealed Carry. This bill allows those with a carry permit to carry concealed firearms in courthouses and the state capitol. ACU supports the founders belief in the Second Amendment and supported this bill. The House passed the bill on February 8, 2016 by a vote of HB 1157 Informed Consent for Abortions. This bill requires that doctors inform pregnant mothers on a number of abortion related topics, including that chemical abortions can be reversed if action is quickly taken and that an abortion will terminate the life of a whole, separate, unique, living human being. ACU Foundation s Center for Human Dignity engages heavily on these issues and believes abortion is a human tragedy, supports restrictions on the practice and educating patients and ACU supported this bill. The House passed the bill on February 10, 2016 by a vote of HB 1110 Illegal Immigrant Benefits. This bill provides taxpayer funded healthcare for illegal immigrants. ACU opposes special benefits for illegal immigrants and opposed this bill. The House passed the bill on February 16, 2016 by a vote of HB 1151 Land Acquisition. This bill requires legislative approval for any land acquisition of 40 acres or more by the South Dakota Department of Game, Fish and Parks. ACU supports more oversight of government agencies by elected officials accountable to the taxpayer and supported this bill. The House defeated the bill on February 16, 2016 by a vote of HB 1213 Corporate Subsidies. This bill authorizes the Building South Dakota Program, a program that authorizes the Governor s Office of Economic Development, to give tax breaks to companies it deems to include innovative technologies and original research. This program was defeated in a 2012 referendum. ACU opposes these corporate subsidies that select specific businesses over others to receive taxpayer funding, which places a higher tax burden on those not favored by the government, and opposed this bill. The House passed the bill on February 17, 2016 by a vote of HB 1177 Solar Energy Subsidies. This bill changes the way solar energy facilities are taxed to match the method used for wind energy facilities which are taxed at a much lower rate than other production facilities. ACU supports the production and fair competition of energy, believes the state should find a fair method to tax all forms of energy, and opposed this bill. The House passed the bill on February 18, 2016 by a vote of HB 1182 Sales Tax Increase. This bill increases the state sales tax by one-half percent to fund a teacher pay increase. Research based on the ACU Foundation s Family Prosperity Index shows that higher tax burdens suppress economic growth, which reduces family prosperity. ACU opposes needless tax increases at a time when large school reserve funds and existing state revenues could pay for the increases and opposed this bill. The House passed the bill on February 22, 2016 by a vote of (a two-thirds vote was required). 9. HB 1149 New Taxing Districts. This bill allows for new Recreational Districts to be established. The bill imposes additional property taxes on top of existing taxes to promote the area and allows these districts to incur debt of up to 10 times the amount of annual tax revenue. ACU opposes these irresponsible programs that create needless tax and debt burdens and opposed this bill. The House defeated the bill on February 23, 2016 by a vote of HB 1206 Hunting Regulations. This bill allows handguns to be used to hunt nonmigratory game birds, such as pheasant, grouse, partridge, and quail. ACU supports regulatory reform which allow all to benefit from their 2nd Amendment rights and supported this bill. The House defeated the bill on February 23, 2016 by a vote of HB 1234 Obamacare Implementation. This bill requires legislative approval of any attempt to expand or change South Dakota s Medicaid program and must include an up or down vote by both chambers of the legislature. Research based on the ACU Foundation s Family Prosperity Index shows that expanding Medicaid harms families and the economy. ACU opposes expanding a program rife with waste and fraud with no reforms, as is taking place under Obamacare, and supported this bill. The House passed the bill on February 24, 2016 by a vote of

9 12. SB 16 Garden Nursery License Regulations. This bill requires garden nursery operators to obtain a state license that comes with a fee based on the size of the business. They will also be required to pay an additional inspection fee of $250. Research based on the ACU Foundation s Family Prosperity Index shows that when entrepreneurship is suppressed, the resulting decline in economic growth leads to a reduction in family prosperity. ACU opposes the proliferation of license requirements for businesses, discourages bills designed to restrict competition and opposed this bill. The House passed the bill on February 29, 2016 by a vote of SB 72 Abortion Restrictions. This bill prohibits abortions after 20 weeks of pregnancy when the unborn child is capable of feeling pain, except in the case of a medical emergency. Research based on the ACU Foundation s Family Prosperity Index indicates that declining birth rates ultimately hinder economic growth, which negatively effects family prosperity. ACU believes abortion is a human tragedy, supports restrictions on the practice and supported this bill. The House passed the bill on March 7, 2016 by a vote of SB 159 School Choice. This bill establishes a new scholarship program, the Partners in Education Tax Credit Program. Scholarships for low-income students to attend either public or private schools are funded by insurance companies which will receive an 80 percent tax credit for contributions to organizations that provide the scholarships and is the first school choice program in South Dakota to include private schools. ACU supports school choice and supported this bill. The House passed the bill on March 8, 2016 by a vote of HB 1091 Ridesharing Regulations. This bill allows ridesharing companies, such as Uber and Lyft, to operate in South Dakota. It also pre-empts local regulations that require companies and personnel to acquire commercial license plates and commercial driver s licenses. Research based on the ACU Foundation s Family Prosperity Index shows that expanded entrepreneurship promotes economic growth, allowing families to prosper. ACU supports a free market in ride-sharing and supported this bill. The House passed the bill on March 9, 2016 by a vote of HB 1094 Fertilizer Inspection Fees. This bill triples fertilizer inspection fees to pay for a new bureaucracy, the Nutrient Research and Education Council, to conduct research on fertilizer. ACU opposes this mandatory tax on businesses for a program that should be financed on a voluntary basis by the industry and opposed this bill. The House passed the bill on March 8, 2016 by a vote of

10 SOUTH DAKOTA HOUSE SCORES SOUTH DAKOTA HOUSE STATISTICS OVERALL AVERAGE 46 REPUBLICAN AVERAGE 51 LOWEST REPUBLICAN ROMKEMA 14 DEMOCRAT AVERAGE 20 HIGHEST DEMOCRATS FEICKERT, SCHREMPP 44 SOUTH DAKOTA HOUSE VOTE DETAIL Party District HB 1097 HB 1129 HB 1157 HB 1110 HB 1151 HB 1213 HB 1177 HB 1182 HB 1149 HB 1206 HB 1234 SB 16 SB 72 HB 1094 SB 159 HB 1091 ANDERSON R Bartling D E BEAL R BOLIN R Bordeaux D 26A E BRUNNER R CAMPBELL R CONZET R CRAIG R CRONIN R 23 E E - - E - + E DEUTSCH R E DiSANTO R E E DRYDEN R 34 - E DUVALL R Feickert D Gibson D GOSCH R GREENFIELD R HAGGAR R HARRISON R ACU Cast LIFETIME AVG 10

11 SOUTH DAKOTA HOUSE VOTE DETAIL Party District HB 1097 HB 1129 HB 1157 HB 1110 HB 1151 HB 1213 HB 1177 HB 1182 HB 1149 HB 1206 HB 1234 SB 16 SB 72 HB 1094 SB 159 HB 1091 HAUGAARD R Hawks D Hawley D E HEINEMANN R HOLMES R HUNHOFF R 18 - E E HUNT R JENSEN R JOHNS R KAISER R 3 E E E E E E E E E E E E E E E E 0 0 n/a Killer D 27 E E E Kirschman D KLUMB R LANGER R E LATTERELL R E MARTY R 28B MAY R 27 - E McCleerey D MICKELSON R MUNSTERMAN R E E E E E E E 2 9 n/a NOVSTRUP R 3 E OTTEN R PATRIDGE R PETERSON R QUALM R RASMUSSEN R E Ring D ROMKEMA R 31 - E E ROUNDS R ROZUM R RUSSELL R 30 E E SCHAEFER R 26B SCHOENBECK R SCHOENFISH R Schrempp D 28A SLY R 33 - E ACU Cast LIFETIME AVG 11

12 SOUTH DAKOTA HOUSE VOTE DETAIL Party District HB 1097 HB 1129 HB 1157 HB 1110 HB 1151 HB 1213 HB 1177 HB 1182 HB 1149 HB 1206 HB 1234 SB 16 SB 72 HB 1094 SB 159 HB 1091 Soli D SOLUM R STALZER R STEINHAUER R n/a 44 STEVENS R TULSON R VERCHIO R E E E WERNER R WESTRA R WIIK R WILLADSEN R WINK R WOLLMANN R ZIKMUND R Legislator did not vote on enough of the selected bills and as a result the 2016 percentage was not rated. ACU Cast LIFETIME AVG 12

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