85
th Legislative Session _ 2010
Committee: House Local Government
Thursday, March 04, 2010
P - Present
E - Excused
A - Absent
Roll Call
P Bolin
P Cronin
P Curd
P Feickert
P Frerichs
E Lederman
P Olson (Betty)
P Romkema
P Rounds
P Solberg
P Vanderlinde
P Rausch, Vice-Chair
P Kirkeby, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Mark Kirkeby, Chairman.
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 25, 2010
Moved by: Vanderlinde
Second by: Rounds
Action: Prevailed by voice vote.
SB 79: revise certain format requirements relating to real estate documents to be filed
with the register of deeds.
Presented by: Representative Kristin Conzet
MOTION: AMEND SB 79
79ra
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. No business or other public or private employer may establish, maintain, or
enforce a policy, requirement, or rule that prohibits any person from transporting or storing, on any
real estate for invitee or employee parking, a firearm or ammunition if the person is otherwise in
compliance with all applicable state statutes and rules and the firearm or ammunition is locked out
of sight within the trunk, glove box, or other enclosed compartment or area within a privately-owned
motor vehicle.
Section 2. Any person who is legally entitled to transport or store a firearm or ammunition, but
is denied the opportunity to do so by a policy or rule prohibited by section 1 of this Act, may bring
a civil action in the appropriate court to enjoin any business entity or other public or private
employer from violating section 1 of this Act. In any actions brought pursuant to this section, court
costs and attorney fees shall be awarded to the prevailing plaintiff."
Moved by: Bolin
Second by: Olson (Betty)
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DO PASS SB 79
Moved by: Rounds
Second by: Rausch
Action: Failed by roll call vote. (5-7-1-0)
Voting Yes: Cronin, Rounds, Solberg, Vanderlinde, Rausch
Voting No: Bolin, Curd, Feickert, Frerichs, Olson (Betty), Romkema, Kirkeby
Excused: Lederman
MOTION: AMEND SB 79
79ra
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. No business or other public or private employer may establish, maintain, or
enforce a policy, requirement, or rule that prohibits any person from transporting or storing, on any
real estate for invitee or employee parking, a firearm or ammunition if the person is otherwise in
compliance with all applicable state statutes and rules and the firearm or ammunition is locked out
of sight within the trunk, glove box, or other enclosed compartment or area within a privately-owned
motor vehicle.
Section 2. Any person who is legally entitled to transport or store a firearm or ammunition, but
is denied the opportunity to do so by a policy or rule prohibited by section 1 of this Act, may bring
a civil action in the appropriate court to enjoin any business entity or other public or private
employer from violating section 1 of this Act. In any actions brought pursuant to this section, court
costs and attorney fees shall be awarded to the prevailing plaintiff."
Moved by: Bolin
Second by: Olson (Betty)
Action: Prevailed by roll call vote. (7-5-1-0)
Voting Yes: Bolin, Curd, Feickert, Frerichs, Olson (Betty), Romkema, Kirkeby
Voting No: Cronin, Rounds, Solberg, Vanderlinde, Rausch
Excused: Lederman
MOTION: TO TABLE SB 79
Moved by: Rausch
Second by: Rounds
Action: Failed by roll call vote. (5-7-1-0)
Voting Yes: Cronin, Rounds, Solberg, Vanderlinde, Rausch
Voting No: Bolin, Curd, Feickert, Frerichs, Olson (Betty), Romkema, Kirkeby
Excused: Lederman
MOTION: WITHOUT RECOMMENDATION SB 79 AS AMENDED
Moved by: Frerichs
Second by: Cronin
Action: Prevailed by roll call vote. (8-4-1-0)
Voting Yes: Bolin, Cronin, Curd, Feickert, Frerichs, Romkema, Rausch, Kirkeby
Voting No: Olson (Betty), Rounds, Solberg, Vanderlinde
Excused: Lederman
MOTION: AMEND TITLE OF SB 79
79rta
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "prohibit
businesses and employers from establishing certain policies against the ability of an invitee or
employee to store firearms and ammunition in a locked motor vehicle parked on the premises.".
On page 1, delete line 2.
Moved by: Rounds
Second by: Frerichs
Action: Prevailed by voice vote.
SB 80: clarify certain conditions of service by elected municipal officials.
Presented by: Representative Betty Olson
Proponents: Yvonne Taylor, SD Municipal League
MOTION: DO PASS SB 80
Moved by: Rausch
Second by: Curd
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Bolin, Cronin, Curd, Feickert, Frerichs, Olson (Betty), Romkema, Rounds, Solberg,
Vanderlinde, Rausch, Kirkeby
Excused: Lederman
MOTION: PLACE SB 80 ON CONSENT CALENDAR
Moved by: Rounds
Second by: Rausch
Action: Prevailed by voice vote.
SB 104: revise certain provisions regarding disclosure of public information and
public meetings.
Presented by: Senator Dave Knudson
Proponents: David Bordewyk, SD Newspaper Association
Yvonne Taylor, SD Municipal League
Bob Riter, SD Rural Water District
MOTION: AMEND SB 104
104jg
On page 3, line 3, of the Senate engrossed bill, delete "public bodies" and insert "any public
body of the state or its political subdivisions".
On page 3, line 5, delete everything after "." and insert "For the purposes of this section, a
political subdivision or a public body of a political subdivision means any".
Moved by: Rausch
Second by: Curd
Action: Prevailed by voice vote.
MOTION: AMEND SB 104
104fc
On page 4, line 12, of the Senate engrossed bill, delete "appointed by a governing body that
meets" and insert "which does not meet".
On page 4, line 13, after "§ 1-25-1" insert ", but was appointed by the governing body,"
On page 4, line 15, delete ", and the" and insert ". The".
Moved by: Rausch
Second by: Curd
Action: Prevailed by voice vote.
MOTION: DO PASS SB 104 AS AMENDED
Moved by: Rounds
Second by: Olson (Betty)
Action: Prevailed by roll call vote. (10-2-1-0)
Voting Yes: Bolin, Cronin, Curd, Feickert, Frerichs, Olson (Betty), Rounds, Solberg,
Vanderlinde, Kirkeby
Voting No: Romkema, Rausch
Excused: Lederman
SB 114: authorize municipalities to include flexible spending accounts, flexible
spending account debit cards, and related programs and procedures with employee
health insurance benefits.
Proponents: Yvonne Taylor, SD Municipal League
MOTION: DO PASS SB 114
Moved by: Rausch
Second by: Rounds
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Bolin, Cronin, Curd, Feickert, Frerichs, Olson (Betty), Romkema, Rounds, Solberg,
Vanderlinde, Rausch, Kirkeby
Excused: Lederman
MOTION: PLACE SB 114 ON CONSENT CALENDAR
Moved by: Rounds
Second by: Cronin
Action: Prevailed by voice vote.
SB 130: revise certain provisions concerning the township road system.
Presented by: Representative Steve Street
Proponents: Dick Howard, SD Association of Towns & Townships (Handouts: #1)
Opponents: Kenneth Mc Farland, Minnehaha County
Bob Wilcox, SD Association of County Commissioners
MOTION: DEFER SB 130 TO THE 41
ST LEGISLATIVE DAY
Moved by: Feickert
Second by: Vanderlinde
Action: Was not acted on.
MOTION: CALL THE QUESTION
Moved by: Rounds
Second by: Frerichs
Action: Prevailed by voice vote.
MOTION: DEFER SB 130 TO THE 41
ST LEGISLATIVE DAY
Moved by: Feickert
Second by: Vanderlinde
Action: Prevailed by roll call vote. (8-4-1-0)
Voting Yes: Bolin, Cronin, Feickert, Olson (Betty), Romkema, Rounds, Solberg, Vanderlinde
Voting No: Curd, Frerichs, Rausch, Kirkeby
Excused: Lederman
SB 155: revise the rules promulgation process for administrative rules with a
financial impact upon political subdivisions of state government.
Presented by: Senator Corey Brown (Handouts: #2)
Proponents: Yvonne Taylor, SD Municipal League
Eric Erickson, SD Association of County Officials
Bob Wilcox, SD Association of County Commissioners
Randy Moses, Division of Insurance
Staci Eggert, SD Sheriff's Association
Dick Howard, SD Association of Towns & Townships
MOTION: DO PASS SB 155
Moved by: Rounds
Second by: Olson (Betty)
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Bolin, Cronin, Curd, Feickert, Frerichs, Olson (Betty), Romkema, Rounds, Solberg,
Vanderlinde, Rausch, Kirkeby
Excused: Lederman
MOTION: PLACE SB 155 ON CONSENT CALENDAR
Moved by: Rounds
Second by: Olson (Betty)
Action: Failed by voice vote.
MOTION: ADJOURN
Moved by: Rounds
Second by: Rausch
Action: Prevailed by voice vote.
Jeanette Black
____________________________
Committee Secretary
Mark Kirkeby, Chair
../03041000.HLO
Page 1