2021 LEGISLATIVE SCORECARD 1 TABLE OF CONTENTS 05 ..................... LETTER FROM THE STATE DIRECTOR 06 .......................................... KEY VOTE DESCRIPTIONS 12 ............................................................... SENATE VOTES 14 .................................................................. HOUSE VOTES www.AmericansForProsperity.org/SouthDakota 3 Welcome to the 2021 Americans for Prosperity- South Dakota Legislative Scorecard. The goal of this scorecard is simple: Make government transparent to the people they represent. History has shown that free people are capable of extraordinary things —but many laws hold South Dakotans back from truly thriving. That’s why our growing community of activists are fighting every day to make the Mount Rushmore State a better place to live, work, and raise a family. We support legislation that enhances liberty and opportunity and oppose legislation that restricts those concepts. The bills in the scorecard reflect that. What you will NOT see are grades for individual legislators. What you will see is a description of issues and legislation, and how our legislators voted over the last year. We hope this information helps you stay informed about how your senators and representatives have voted on important issues. If nothing else, it will serve as a basis for your conversations with them. We trust that policymakers are working to remove barriers that make it more difficult for South Dakotans to achieve their fullest potential, and we believe this tool will help shape their thinking in that regard. To advance principles related to this cause, we are using cutting-edge tools and technology to educate, recruit, and mobilize citizens in SCORING METHODOLOGY support of improving the lives of all South Dakotans. With our 2021 Legislative Scorecard, we aim to improve transparency 4 = Voted with AFP-South Dakota’s position and help involve your voice in the legislative process. 8 = Voted against AFP-South Dakota’s position NA = Absent DON HAGGAR South Dakota State Director - Americans for Prosperity www.AmericansForProsperity.org/SouthDakota 5 KEY VOTES | 2021 REGULAR SESSION MARCH 1, 2021 - APRIL 10,2021 CRIMINAL JUSTICE SB 164 | PROVIDE FOR A FORMAL PROCESS CRIMINAL FORFEITURE HB 1111 | REVISE CERTAIN PROVISIONS Sponsors: Sen. Timothy Johns and Rep. Bethany Soye REGARDING INSPECTIONS AND SEIZURES AFP Position: Support BY, AND FORFEITURES INVOLVING, THE Result: Enacted DEPARTMENT OF GAME, FISH AND PARKS Sponsor: Judiciary SB 164 reduces the use of civil asset forfeiture when the AFP Position: Support crime suspected is drug possession. Result: Enacted HB 1111 revises provisions regarding seizures and SB 143 | REVISE THE PENALTY FOR THE forfeitures to ensure the Game, Fish, and Parks INGESTION OF CERTAIN CONTROLLED Department cannot seize property with a court order. SUBSTANCES Sponsors: Sen. Michael Rohl and Rep. Aaron Aylward AFP Position: Support SB 174 | REVISE PROVISIONS RELATED TO THE Result: Introduced and Defeated AUTOMATIC REMOVAL OF CERTAIN CHARGES OR CONVICTIONS FROM A DEFENDANT’S SB 143 would have reclassified having drugs or other PUBLIC RECORD controlled substances in your bloodstream from a felony to Sponsors: Rep. Tim Reed and Sen. David Wheeler a misdemeanor for the first and second violation. AFP Position: Support Result: Enacted FREE EXPRESSION HB 1079 | LIMIT CERTAIN ACTIONS THAT HEALTH CARE SB 174 requires the removal of records related to MAY BE TAKEN BY THE EXECUTIVE BRANCH petty offenses, ordinance violations, or Class 2 SB 103 | PROVIDE FOR THE CONFIDENTIALITY RELATIVE TO NONPROFIT CORPORATIONS AND HB 1065 | ADOPT THE EMERGENCY MEDICAL misdemeanors from public records after five years if OF PERSONAL INFORMATION OF PERSONS CHARITABLE TRUSTS PERSONNEL LICENSURE INTERSTATE COMPACT the person has remained crime free and fulfilled the AFFILIATED WITH NONPROFIT CORPORATIONS. Sponsor: Judiciary Sponsor: Sen. V. J. Smith and Rep. Rhonda Milstead conditions of their punishment. Sponsor: Sen. Casey Crabtree and Rep. Kirk Chaffee AFP Position: Support AFP Position: AFP-SD and our activists believe this bill is improves access AFP Position: Support Result: Enacted to health care which we all agree is important to South Dakotans. Result: Enacted Result: Enacted HB 1079 bars, in most cases, state agencies from SB 103 ensures the confidentiality of personal information requiring any annual filing or reporting of a nonprofit HB 1065 adopts the Interstate Emergency Medical Service for persons affiliated with nonprofit organizations by corporation or charitable trust that is more restrictive Personnel Licensing Compact, to facilitate the movement barring, in most cases, public agencies from demanding or than required by state or federal law. of EMS personnel across state lines. releasing such information. www.AmericansForProsperity.org/SouthDakota 7 KEY VOTES | 2021 REGULAR SESSION MARCH 1, 2021 - APRIL 10,2021 HB 1077 | PROVIDE FOR LICENSURE BY SB 87| EXEMPT HEALTH BENEFIT PLANS K-12 EDUCATION ENDORSEMENT FOR CERTAIN LICENSED SPONSORED BY NONPROFIT AGRICULTURAL PROFESSIONALS AND OCCUPATIONS ORGANIZATIONS FROM INSURANCE SB 175 | REMOVE CERTAIN ELIGIBILITY Sponsors: State Affairs REGULATION REQUIREMENTS FOR THE PARTNERS IN AFP Position: Support Sponsors: Sen. Gary Cammack and Rep. Rocky Blare EDUCATION TAX CREDIT PROGRAM Result: Enacted AFP Position: AFP-SD and our activists understand the need to reimagine Sponsors: Sen. Jim Stalzer and Rep. Jon Hansen health care. Some of the principles that we should use to work toward AFP Position: AFP-SD and our activists understand the importance of all HB 1077 recognizes licensed health care providers improving health care in South Dakota are improving access, increasing children throughout our state having access to educational opportunity that across state lines. affordability, and enhancing transparency in pricing. This bill focuses on makes sense for them. Part of helping South Dakota’s children realize their full the affordability aspect of this vision. It provides an affordable health care potential sometimes means helping families afford a private education that option for our agricultural community. would be outside their financial ability without scholarship access. It is really HB 1131 | AUTHORIZE PRIMARY CARE Result: Enacted a win-win since the state actually saves money by allowing private support AGREEMENTS of this program. It’s a win for the students as well as the taxpayer. This bill Sponsors: Sen. Larry Zikmund and Rep. Tamara St. John SB 87 exempts health benefit plans sponsored by nonprofit expands who is eligible for the scholarship. AFP Position: AFP-SD and our activists believe that health care needs to agricultural organizations from insurance regulation. Result: Enacted be reimagined and that creative, proven concepts like direct primary care should be encouraged in South Dakota. SB 175 expands the eligibility for scholarships in the Result: Enacted HB 1004 | REPEAL THE REGISTRATION Partners in Education tax credit program. REQUIREMENT FOR MEDICAL ASSISTANTS HB 1131 removes regulatory restrictions on direct primary Sponsors: Health and Human Services care agreements. AFP Position: Support SB 177 | REVISE THE PROVISIONS OF PARENTAL Result: Enacted CHOICE REGARDING COMPULSORY SCHOOL ATTENDANCE AND MATTERS ANCILLARY SB 96 | REVISE THE PROVISIONS OF PARENTAL HB 1004 repeals the registration requirement for medical HB 1154 | PROHIBIT EMPLOYMENT CONTRACTS THERETO CHOICE REGARDING COMPULSORY SCHOOL assistants. RESTRICTING COMPETITIVE HEALTH CARE Sponsors: Sen. Wayne Steinhauer and Rep. Rebecca Reime ATTENDANCE AND MATTERS ANCILLARY THERETO PRACTICES AFP Position: Support Sponsors: Health and Human Services Sponsors: Sen. R. Blake Curd and Rep. Fred Deutsch Result: Enacted AFP Position: AFP-SD and our activists believe that health care needs to be HB 1263 | PROVIDE PRICE TRANSPARENCY FOR AFP Position: AFP-SD and our activists believe that health care needs to be reimagined and that increasing access by means such as telehealth technologies is HEALTH CARE COSTS reimagined and that eliminating competition restrictions like non-compete clauses SB 177 asserts and clarifies the parental right to choose a step in the right direction toward solving some of our health care problems. Sponsors: Health and Human Services is a step in the right direction toward solving some of our health care problems. where and how to educate their children, eliminate a Result: Enacted AFP Position: Support Result: Enacted wasteful testing requirement, and promote inclusion in Result: Enacted activities sanctioned by the South Dakota High School SB 96 expands the use of telehealth by allowing the HB 1154 eliminates the use of non-compete clauses in Activities Association. patient-provider relationship to be established via HB 1263 increases transparency for health care costs. health care employment contracts. technology. www.AmericansForProsperity.org/SouthDakota 9 KEY VOTES | 2021 REGULAR SESSION MARCH 1, 2021 - APRIL 10,2021 SB 46 | ALLOW FOR THE CONSIDERATION OF TAX AND SPENDING CERTAIN INSTRUCTION TO COUNT TOWARDS THE MINIMUM NUMBER OF HOURS REQUIRED HJR 5003 | PROPOSING AND SUBMITTING TO IN A SCHOOL TERM DURING A DECLARED THE VOTERS OF THE NEXT PRIMARY ELECTION STATE OF EMERGENCY A NEW SECTION TO ARTICLE XI OF THE Sponsors: Education CONSTITUTION OF THE STATE OF SOUTH DAKOTA AFP Position: Support Sponsors: Sen. Lee Schoenbeck and Rep. Jon Hansen Result: Enacted AFP Position: Support Result: Referred to state-wide ballot SB 46 allows