80^th Legislative Session _ 2005

Committee: House Local Government

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Cutler
P    Davis
P    Gassman
P    Hanks
P    Howie
P    Kroger
P    McCoy
P    Rounds
P    Sigdestad
P    Thompson
P    Tornow
P    Murschel, Vice-Chair
P    Hennies, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Hennies, Chair

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 1, 2005

Moved by:    Murschel
Second by:    Kroger
Action:    Prevailed by voice vote.

         HB 1126: remove certain restrictions that apply to the unexpended balances of the unemployment insurance compensation fund established by political subdivisions.

Proponents:    Representative Matthew Michels (Handout #1)
        Senator Garry Moore

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MOTION:     DO PASS HB 1126

Moved by:    Cutler
Second by:    McCoy
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Cutler, Davis, Gassman, Hanks, Howie, Kroger, McCoy, Rounds, Sigdestad, Thompson, Tornow, Murschel, Hennies

         HB 1198: include records of the county weed and pest board with certain records maintained by the register of deeds related to real property.

Proponents:    Representative Art Fryslie
        Scott Guffy, self, Rapid City

MOTION:     DO PASS HB 1198

Moved by:    Cutler
Second by:    Rounds
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Cutler, Davis, Gassman, Hanks, Howie, Kroger, McCoy, Rounds, Sigdestad, Thompson, Tornow, Murschel, Hennies

         HB 1199: require county weed and pest boards to terminate certain orders that have been implemented.

Proponents:    Representative Art Fryslie
        Scott Guffy, self, Rapid City

MOTION:     DO PASS HB 1199

Moved by:    Gassman
Second by:    McCoy
Action:    Was not acted on.

Vice Chair Murschel assumed the Chair.

MOTION:     SUBSTITUTE MOTION AMEND HB 1199

1199fa

     On page 1, line 11 of the printed bill, after " resolution " insert " and file a copy of the termination with the register of deeds ".

Moved by:    Hennies
Second by:    Rounds
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1199 AS AMENDED

Moved by:    Rounds
Second by:    Davis
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Cutler, Davis, Gassman, Hanks, Howie, Kroger, McCoy, Rounds, Sigdestad, Thompson, Tornow, Murschel, Hennies

MOTION:     PLACE HB 1199 ON CONSENT CALENDAR

Moved by:    Rounds
Second by:    Howie
Action:    Prevailed by voice vote.

Chair Hennies resumed the Chair.

         HB 1200: repeal certain provisions permitting certain decisions of a planning commission to be overruled by other public bodies.

Proponents:    Representative Alice McCoy
        Yvonne Taylor, SD Municipal League
        Representative Alan Hanks
Opponents:    Ron Buskarud, Pennington County

MOTION:     AMEND HB 1200

1200ra

     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. That § 11-6-21 be amended to read as follows:

     11-6-21.   If the public way, ground, place, space, building, structure, or utility referred to in § 11- 6-19 be one the authorization or financing of which does not, under the law or charter provisions governing the same, fall within the province of the council or other body or official of the municipality, then the submission of such to the planning commission shall be by the board or official having such jurisdiction , and the planning commission's disapproval may be overruled by said board by a vote of not less than two-thirds of its entire membership or by said official . If disapproved by the council pursuant to §  11-6-20, such disapproval may be appealed by the board or official having such jurisdiction to a court of appropriate jurisdiction and decided based upon a balancing of the interests as set forth in case law . "

Moved by:    Murschel
Second by:    Rounds
Action:    Prevailed by voice vote.

MOTION:     AMEND THE AMENDMENT

1200fa

     On the previously adopted amendment (1200ra) delete " council " and insert " governing body of the municipality ".

     At the end of the previously adopted amendment (1200ra) delete " a court of appropriate jurisdiction and decided based upon a balancing of the interests as set forth in case law " and insert " circuit court ".

Moved by:    Tornow
Second by:    Murschel
Action:    Prevailed by voice vote.

MOTION:     DEFER HB 1200 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Rounds
Second by:    Howie
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DO PASS HB 1200 AS AMENDED

Moved by:    Murschel
Second by:    Tornow
Action:    Prevailed by roll call vote.(7-6-0-0)

Voting Yes:    Gassman, Hanks, Kroger, McCoy, Thompson, Tornow, Murschel

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Voting No:    Cutler, Davis, Howie, Rounds, Sigdestad, Hennies

MOTION:     TO AMEND TITLE OF HB 1200

1200fta

     On page 1, line 1 of the printed bill, delete " repeal " and insert "revise".

Moved by:    McCoy
Second by:    Hanks
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    Rounds
Second by:    McCoy
Action:    Prevailed by voice vote.

Naida Chavez

Committee Secretary

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