80th Legislative Session _ 2005

Committee: Senate Local Government
Wednesday, February 09, 2005

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Adelstein
P    Broderick
P    Dempster
E    Kloucek
P    Two Bulls
P    Gray, Vice-Chair
P    Duniphan, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Duniphan

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 7, 2005

Moved by:    Dempster
Second by:    Broderick
Action:    Prevailed by voice vote.

         SB 145: revise certain provisions relating to the authorization of video lottery machine placement in on-sale alcoholic beverage establishments.

Presented by:    Senator Dave Knudson
Proponents:    Yvonne Taylor, SD Municipal League
Opponents:    Norm Lingle, Sd Lottery
        Larry Mann, Video Lottery Establishments
        Bob Riter Jr., Music & Vending Assn. Of SD

MOTION:     DO PASS SB 145

Moved by:    Adelstein

Second by:    Broderick
Action:    Failed by roll call vote.(1-6-0-0)

Voting Yes:    Adelstein

Voting No:    Broderick, Dempster, Kloucek, Two Bulls, Gray, Duniphan

MOTION:     DEFER SB 145 TO THE 41ST LEGISLATIVE DAY

Moved by:    Dempster
Second by:    Gray
Action:    Prevailed by roll call vote.(6-1-0-0)

Voting Yes:    Broderick, Dempster, Kloucek, Two Bulls, Gray, Duniphan

Voting No:    Adelstein

         SB 205: revise certain provisions concerning the referral of acts, determinations, or decisions made by the governing bodies of counties or municipalities.

Presented by:    Senator Clarence Kooistra
Proponents:    Donna Ramsey, Self
Opponents:    Yvonne Taylor, SD Municipal League
        Bob Wilcox, SD Assoc. Of County Commissioners
        Ron Buskarud, Pennington County

MOTION:     AMEND SB 205

205ra
     On page 1, line 5 of the printed bill, overstrike " a board of county commissioners " and insert " any county governing body ".

     On page 1 , delete lines 13 to 16 , inclusive, and insert:

"
     Section 2. That § 7-18A-15.1 be amended to read as follows:

     7-18A-15.1.   Any legislative decision of a board of any county commissioners governing body is subject to the referendum process. The granting of any conditional use permit by a county governing body is a legislative decision. A legislative decision is one that enacts a permanent law or lays down a rule of conduct or course of policy for the guidance of citizens or their officers. Any matter of a permanent or general character is a legislative decision.


     No administrative decision of a governing body is subject to the referendum process, unless specifically authorized by this code. An administrative decision is one that merely puts into execution a plan already adopted by the governing body itself or by the Legislature. Supervision of a program is an administrative decision. Hiring, disciplining, and setting the salaries of employees are administrative decisions. ".

     On page 2 , delete lines 1 to 6 , inclusive.

     On page 2 , delete lines 17 to 24 , inclusive.

     On page 3 , delete lines 1 to 4 , inclusive.

Moved by:    Kloucek
Second by:    Two Bulls
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 205 AS AMENDED

Moved by:    Kloucek
Second by:    Two Bulls
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER SB 205 TO THE 41ST LEGISLATIVE DAY

Moved by:    Adelstein
Second by:    Dempster
Action:    Prevailed by roll call vote.(5-2-0-0)

Voting Yes:    Adelstein, Broderick, Dempster, Gray, Duniphan

Voting No:    Kloucek, Two Bulls

         HB 1084: revise the circumstances for when special elections for home rule charters shall be called.

Presented by:    Senator Bob Gray
Proponents:    Yvonne Taylor, SD Municipal League
        Chris Nelson, Secretary of State

MOTION:     DO PASS HB 1084

Moved by:    Gray
Second by:    Adelstein
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Adelstein, Broderick, Dempster, Two Bulls, Gray, Duniphan

Excused:    Kloucek

MOTION:     PLACE HB 1084 ON CONSENT CALENDAR

Moved by:    Gray
Second by:    Adelstein
Action:    Prevailed by voice vote.

         HB 1083: exempt certain utility and street contracts from competitive bid requirements.

Presented by:    Senator Bob Gray
Proponents:    Jim Hood, SD Municipal League

MOTION:     DO PASS HB 1083

Moved by:    Gray
Second by:    Broderick
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Adelstein, Broderick, Dempster, Two Bulls, Gray, Duniphan

Excused:    Kloucek

MOTION:     PLACE HB 1083 ON CONSENT CALENDAR

Moved by:    Gray
Second by:    Dempster
Action:    Prevailed by voice vote.

         SB 186: revise the penalties for the improper notarization of certain documents pertaining to elections or the election process.

Presented by:    Senator Ben Nesselhuf
Proponents:    Chris Nelson, Secretary of State
        Dwight Neuharth, SD County Officials

MOTION:     AMEND SB 186

186fa
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. That § 18-1-11 be amended to read as follows:

     18-1-11.   It is a Class 2 Class 1 misdemeanor for any notary public to affix his or her official signature to documents when the parties have any document if the party has not appeared before him such notary. The court may assess a civil penalty on such notary public, an amount not to exceed one thousand dollars per document, if the documents are related to an election or the election process. Any civil penalty collected pursuant to this section shall be deposited in the county general fund .

     Section 2. That § 18-1-12 be amended to read as follows:

     18-1-12.   It is a Class 2 Class 1 misdemeanor for any notary public to exercise the duties of his office after the expiration of his commission or when he is otherwise disqualified a notary public if the person's commission has expired or the person has been otherwise disqualified as a notary public . "


Moved by:    Dempster
Second by:    Broderick
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 186 AS AMENDED

Moved by:    Broderick
Second by:    Dempster
Action:    Prevailed by roll call vote.(5-0-2-0)

Voting Yes:    Adelstein, Broderick, Dempster, Two Bulls, Duniphan

Excused:    Kloucek, Gray

MOTION:     TO AMEND TITLE OF SB 186

186tta
     On page 1, line 2 of the printed bill, after " documents " insert "and to establish civil penalties for improper notarization of certain documents".

Moved by:    Dempster
Second by:    Two Bulls
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.

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

MOTION:     DO PASS HB 1126

Moved by:    Dempster
Second by:    Adelstein
Action:    Prevailed by roll call vote.(5-0-2-0)

Voting Yes:    Adelstein, Broderick, Dempster, Two Bulls, Duniphan

Excused:    Kloucek, Gray

MOTION:     PLACE HB 1126 ON CONSENT CALENDAR

Moved by:    Adelstein
Second by:    Dempster
Action:    Prevailed by voice vote.

         HB 1074: revise certain provisions relating to the maximum term of promissory notes issued to municipalities.

Presented by:    Senator Jim Lintz
Proponents:    Ed Anderson, Rural Electric Assn, SD

MOTION:     DO PASS HB 1074

Moved by:    Adelstein
Second by:    Dempster
Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Adelstein, Broderick, Dempster, Two Bulls, Gray, Duniphan

Excused:    Kloucek

MOTION:     PLACE HB 1074 ON CONSENT CALENDAR

Moved by:    Dempster
Second by:    Adelstein
Action:    Prevailed by voice vote.

         HB 1076: permit certain public entities to establish the maximum indemnity for their officers and employees.

Presented by:    Senator Stanford Adelstein
Proponents:    Jim Hood, SD Municipal League

The Chair deferred HB 1076 until Monday, February 14, 2005.

MOTION:     ADJOURN

Moved by:    Dempster
Second by:    Gray
Action:    Prevailed by voice vote.

Reta Rodman

____________________________

Committee Secretary
J.P. Duniphan, Chair

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