82nd Legislative Session _ 2007

Committee: Senate Local Government
Monday, February 05, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Gant, Vice-Chair
P    Katus
P    Kloucek
P    Napoli
P    Schmidt (Dennis)
P    Two Bulls
P    Albers, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Kenneth Albers

MOTION:     TO APPROVE THE MINUTES OF JANUARY 31, 2007

Moved by:    Napoli
Second by:    Gant
Action:    Prevailed by voice vote.

          SB 189: revise certain provisions related to the transfer of certain alcoholic beverage licenses.

The Chair deferred SB 189 until February 7, 2007.

         HB 1121: provide for the purchase, sale, or transfer of certain solid waste or recyclable materials by local government entities and to revise certain provisions related to the operation of solid waste and recycling facilities.

The Chair deferred HB 1121 until February 7, 2007.


         SB 82: revise certain fees charged by sheriffs.

Presented by:    Lorin Pankratz, SD County Commissioners

MOTION:     AMEND SB 82

82fb
     On page 1, line 12 of the printed bill, delete " fifty " and insert " twenty-five ".

     On page 1 , line 15, delete " five ten " and insert "five".

     On page 2 , line 1, delete " twenty- " and insert " ten ".

     On page 2 , line 2, delete " five " .

     On page 2 , delete lines 5 to 20 , inclusive, and insert:

"

             (7) (4)     For traveling expenses in cars or planes owned by the sheriff, or necessary emergency vehicles a motor vehicle , a minimum mileage allowance of at least three cents over and above the rate set for state employees by the State Board of Finance but not more than six cents above the rate set for state employees by the State Board of Finance, as determined by the board of county commissioners, for each mile actually and necessarily traveled by car; motor vehicle. For traveling expenses in a private plane, a mileage allowance of ten cents above the rate set for state employees by the State Board of Finance for each mile actually and necessarily traveled by private plane ; except . However, actual cost may be paid for travel by train, bus, plane, or other commercial vehicle;".

     On page 2 , line 22, delete " fifty " and insert " thirty-five ".

     On page 3 , line 20, delete " one " and insert " fifty ".

     On page 3 , line 21, delete " hundred " .

     On page 4 , delete lines 2 to 5 , inclusive, and insert "dollar not exceeding four hundred dollars, nine eleven cents; for each dollar above four hundred dollars, and not exceeding one thousand dollars, five seven cents; for each dollar above one thousand dollars, not to exceed and not exceeding fifteen thousand dollars, five cents; for each dollar above fifteen thousand dollars, and not exceeding twenty-five thousand dollars, three cents ; but . However, in no case may".

     On page 4 , line 17, delete " one hundred " and insert " fifty ".

Moved by:    Napoli
Second by:    Gant
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 82 AS AMENDED

Moved by:    Gant
Second by:    Katus
Action:    Was not acted on.

 MOTION:     SUBSTITUTE MOTION AMEND SB 82

82ta
     On page 5, after line 4 of the printed bill, insert:
"
     The fees established pursuant to this section shall be used for law enforcement purposes. ".

Moved by:    Napoli
Second by:    Schmidt (Dennis)
Action:    Prevailed by roll call vote.(4-3-0-0)

Voting Yes:    Kloucek, Napoli, Schmidt (Dennis), Two Bulls

Voting No:    Gant, Katus, Albers

 MOTION:     DO PASS SB 82 AS AMENDED

Moved by:    Napoli
Second by:    Katus
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Gant, Katus, Kloucek, Napoli, Schmidt (Dennis), Two Bulls, Albers

          SB 135: increase the minimum salary payable to county officials, state's attorneys, and sheriffs.

Presented by:    Senator Julie Bartling
Proponents:    Chuck Schroyer, SD States Attorneys Assn.

MOTION:     AMEND SB 135

135ta
     On page 2, after line 16 of the printed bill, insert:

"

     Beginning on January 1, 2010, and each year thereafter, the minimum salary payable for each position specified in this section shall be increased by three percent or by the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment, whichever is less. ".

     On page 4 , after line 8, insert:

"

     Beginning on January 1, 2010, and each year thereafter, the minimum salary payable for each position specified in this section shall be increased by three percent or by the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment, whichever is less. ".

     On page 4 , line 19, overstrike " the sum of " .

     On page 4 , line 20, before " fifty-eight " insert " the minimum salary payable is ".

     On page 5 , line 14, overstrike " the sum of " .

     On page 5 , line 15, before " sixty-one " insert " the minimum salary payable is ".

     On page 5 , after line 22, insert:

"

     Beginning on January 1, 2010, and each year thereafter, the minimum salary payable for each position specified in this section shall be increased by three percent or by the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment, whichever is less. ".

     On page 6 , line 23, overstrike " listed " and insert " provided for ".

     On page 6 , after line 23, insert:
" Beginning on January 1, 2010, and each year thereafter, the minimum salary payable for each position specified in this section shall be increased by three percent or by the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment, whichever is less. ".

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

 MOTION:     DO PASS SB 135 AS AMENDED

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

Voting Yes:    Gant, Katus, Napoli, Schmidt (Dennis), Two Bulls

Voting No:    Kloucek, Albers

          HB 1006: revise certain procedures regarding the election process.

Presented by:    Chris Nelson, Secretary of State

MOTION:     AMEND HB 1006

1006ta
     On page 3 of the House Local Government Committee engrossed bill, delete lines 7 to 16 , inclusive.

Moved by:    Gant
Second by:    Kloucek
Action:    Failed by roll call vote.(2-5-0-0)

Voting Yes:    Gant, Kloucek

Voting No:    Katus, Napoli, Schmidt (Dennis), Two Bulls, Albers

 MOTION:     DO PASS HB 1006

Moved by:    Napoli
Second by:    Katus
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Gant, Katus, Kloucek, Napoli, Schmidt (Dennis), Two Bulls, Albers

          HB 1110: increase the fines for certain violations of local ordinances.

Presented by:    Yvonne Taylor, SD Municipal League

MOTION:     AMEND HB 1110

1110ta
     On page 1, line 8 of the printed bill, overstrike " fine not exceeding " and insert " penalty not to exceed the penalty established by subdivision 22-6-2(2). ".

     On page 1 , line 9, delete " five " .

     On page 1 , overstrike lines 9 and 10 .

     On page 2 , line 1, delete " five " .

     On page 2 , line 1, overstrike everything after " (1) " and insert " A penalty not to exceed the penalty established by subdivision 22-6-2(2); or ".

     On page 2 , overstrike line 2 .

     On page 2 , line 3, overstrike " imprisonment; " .

     On page 2 , line 3, delete " and " .

Moved by:    Gant
Action:    Died for a lack of a second

 MOTION:     DO PASS HB 1110

Moved by:    Gant
Action:    Died for a lack of a second

 MOTION:     DEFER HB 1110 TO THE 41ST LEGISLATIVE DAY

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

Voting Yes:    Katus, Kloucek, Napoli, Schmidt (Dennis), Two Bulls

Voting No:    Gant, Albers

          HB 1111: permit local government officials and employees to use electronic payments and to permit the state and its political subdivisions to accept electronic payments.

Presented by:    Senator Jason Gant
Proponents:    Yvonne Taylor, SD Municipal League

MOTION:     DO PASS HB 1111

Moved by:    Napoli
Second by:    Kloucek
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Gant, Katus, Kloucek, Napoli, Schmidt (Dennis), Two Bulls, Albers

MOTION:     PLACE HB 1111 ON CONSENT CALENDAR

Moved by:    Kloucek
Second by:    Napoli
Action:    Prevailed by voice vote.

         HB 1118: permit counties to sell tax certificates.

Presented by:    Representative David Lust
Proponents:    Senator Kenneth McNenny
        Bob Wilcox, SD Assoc. Of County Commissioners

The Chair deferred HB 1118 until February 7, 2007.

         HB 1127: clarify the authority of county commissioners to set their annual salary.

Presented by:    Representative Larry Rhoden
Proponents:    Bob Wilcox, SD Assoc. Of County Commissioners
MOTION:     DO PASS HB 1127

Moved by:    Gant
Second by:    Napoli
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Gant, Katus, Kloucek, Napoli, Schmidt (Dennis), Two Bulls, Albers

MOTION:     ADJOURN

Moved by:    Kloucek
Second by:    Gant
Action:    Prevailed by voice vote.

Jo Ann Nelsen

____________________________

Committee Secretary
Kenneth Albers, Chair