87
th Legislative Session _ 2012
Committee: House Local Government
Tuesday, February 07, 2012
P - Present
E - Excused
A - Absent
Roll Call
P Feickert
P Kloucek
P Schrempp
P Magstadt
P Munsterman
P Nelson (Stace)
P Olson (Betty)
P Rausch
P Tornow
P Tulson
P Venner
P Cronin, Vice-Chair
P Kirkeby, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Vice Chairman Cronin.
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 2, 2012
Moved by: Feickert
Second by: Schrempp
Action: Prevailed by voice vote.
HB 1243: require that notice be provided before certain drainage activities are
undertaken.
Presented by: Representative Brock Greenfield
MOTION: TO TABLE HB 1243
Moved by: Munsterman
Second by: Feickert
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Feickert, Kloucek, Schrempp, Magstadt, Munsterman, Nelson (Stace), Olson (Betty),
Rausch, Tornow, Tulson, Venner, Cronin
Excused: Kirkeby
HB 1066: allow for the cremation of deceased persons who are indigent and the
funeral expenses are the financial responsibility of the county.
Presented by: Representative Bob Deelstra
Proponents: Bob Miller, Funeral Director's Association
MOTION: AMEND HB 1066
1066fc
On page 2, line 5, of the printed bill, overstrike "shall" and insert "may".
On page 2, line 6, overstrike "county commissioner in whose district death occurred" and insert
"board of county commissioners. The determination whether the decedent is buried or cremated may
be made by the next of kin, if any, otherwise by the board of county commissioners".
Moved by: Rausch
Second by: Olson (Betty)
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1066 AS AMENDED
Moved by: Magstadt
Second by: Rausch
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Feickert, Kloucek, Schrempp, Magstadt, Munsterman, Nelson (Stace), Olson (Betty),
Rausch, Tornow, Tulson, Venner, Cronin
Excused: Kirkeby
HB 1130: revise the fee schedule for certain documents filed with the county register
of deeds, to create a county and statewide fund for the purpose of modernizing and
preserving records, and to distribute certain revenue.
Presented by: Representative Charles Turbiville
Proponents: Roger Tellinghusen, SD Association of County Officials
Margo Northrup, SD Association of Rural Water Systems
Darin Bergquist, Department of Transportation
Julie Risty, Association of County Officials, Sioux Falls
MOTION: AMEND HB 1130
1130fd
On page 2, line 19, of the printed bill, overstrike "and" and insert
"
(5) For recording an easement filed by any entity created by chapter 34A-5, 46A-3A, or 46A-9 or any nonprofit engaged in the treatment, distribution, and sale of water to rural
consumers or any document filed by the Department of Transportation pertaining to the
acquisition of highway right-of-way, the sum of twenty dollars for the first three pages
plus two dollars for each additional page or fraction thereof; and".
On page 2, line 20, overstrike "(5)" and insert "(6)".
On page 6, line 19, delete "and (4)" and insert "(4), and (5)".
Moved by: Rausch
Second by: Munsterman
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1130 AS AMENDED
Moved by: Munsterman
Second by: Feickert
Action: Prevailed by roll call vote. (11-1-1-0)
Voting Yes: Feickert, Kloucek, Schrempp, Magstadt, Munsterman, Nelson (Stace), Olson (Betty),
Rausch, Tulson, Venner, Cronin
Voting No: Tornow
Excused: Kirkeby
HB 1127: require county registers of deeds to record the names of persons who
inspect or copy certain recorded instruments.
Presented by: Representative Jim Bolin
Opponents: Julie Risty, Association of County Officials, Sioux Falls
Chauncey Shrake, South Dakota Land Surveyors
MOTION: DEFER HB 1127 TO THE 41
ST LEGISLATIVE DAY
Moved by: Tulson
Second by: Magstadt
Action: Prevailed by roll call vote. (10-0-3-0)
Voting Yes: Feickert, Kloucek, Magstadt, Munsterman, Olson (Betty), Rausch, Tornow, Tulson,
Venner, Cronin
Excused: Schrempp, Nelson (Stace), Kirkeby
HB 1163: allow subdivisions of government to operate as organizations formed
under § 58-18-52 for the purchase of health insurance.
Presented by: Representative Dan Dryden
Proponents: Malcolm McKillop, South Dakota Association of School Boards
Margo Northrup, SD Association of Rural Water Systems
MOTION: DO PASS HB 1163
Moved by: Munsterman
Second by: Venner
Action: Prevailed by roll call vote. (10-1-2-0)
Voting Yes: Feickert, Kloucek, Magstadt, Munsterman, Nelson (Stace), Olson (Betty), Rausch,
Tulson, Venner, Cronin
Voting No: Tornow
Excused: Schrempp, Kirkeby
HB 1222: limit the authority of South Dakota delegates to an Article V convention
to amend the United States Constitution, to prohibit any delegate from exceeding
such authority, and to provide certain penalties therefor.
Presented by: Representative Manny Steele
Opponents: Rita Houglum, Eagle Forum
Eldon Stahl, Self, Mitchell (Handouts: #2)
Linda Schauer, Concerned Women For America
MOTION: DEFER HB 1222 TO THE 41ST LEGISLATIVE DAY
Moved by: Munsterman
Second by: Rausch
Action: Prevailed by roll call vote. (8-3-2-0)
Voting Yes: Feickert, Schrempp, Magstadt, Munsterman, Olson (Betty), Rausch, Tulson, Venner
Voting No: Nelson (Stace), Tornow, Cronin
Excused: Kloucek, Kirkeby
HB 1224: allow voters to petition for the at large election of county commissioners.
Presented by: Representative Lance Russell
Proponents: Craig Shaver, Self, Sturgis
Opponents: Jeramy Pankratz, Souyh Dakota County Commissoners Assn.
MOTION: DO PASS HB 1224
Moved by: Tornow
Second by: Nelson (Stace)
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER HB 1224 TO THE 41ST LEGISLATIVE DAY
Moved by: Kirkeby
Second by: Schrempp
Action: Prevailed by roll call vote. (7-5-1-0)
Voting Yes: Feickert, Schrempp, Magstadt, Rausch, Tulson, Cronin, Kirkeby
Voting No: Munsterman, Nelson (Stace), Olson (Betty), Tornow, Venner
Excused: Kloucek
HB 1230: modify the publication requirements regarding the application for a well
driller license or a well pump installer license.
THE CHAIR DEFERRED HB 1230 UNTIL ANOTHER DAY
HB 1184: permit public bodies to keep minutes of executive session and to restrict
who may review the minutes.
Presented by: Representative Mark Kirkeby
Proponents: David Bordewyk, SD Newspaper Association
Opponents: Yvonne Taylor, SD Municipal League
Bob Wilcox, SD Association of County Commissioners
Dick Howard, SD Association of Towns and Townships
MOTION: DEFER HB 1184 TO THE 41ST LEGISLATIVE DAY
Moved by: Rausch
Second by: Feickert
Action: Failed by voice vote.
MOTION: SUBSTITUTE MOTION DO PASS HB 1184
Moved by: Nelson (Stace)
Second by: Venner
Action: Failed by roll call vote. (4-8-1-0)
Voting Yes: Munsterman, Nelson (Stace), Venner, Cronin
Voting No: Feickert, Schrempp, Magstadt, Olson (Betty), Rausch, Tornow, Tulson, Kirkeby
Excused: Kloucek
THE MOTION TO DEFER HB 1184 TO THE 41ST LEGISLATIVE DAY
Moved by: Rausch
Second by: Feickert
Action: PREVAILED BY ROLL CALL VOTE. (7-4-2-0)
Voting Yes: Feickert, Schrempp, Magstadt, Rausch, Tornow, Tulson, Cronin
Voting No: Munsterman, Nelson (Stace), Venner, Kirkeby
Excused: Kloucek, Olson (Betty)
HB 1241: require township board approval for certain utility facilities located near
township roads.
Presented by: Representative David Sigdestad
Proponents: Dick Howard, SD Association of Towns and Townships
Opponents: Darla Pollman-Rogers, SD Rural Electric Association
Greg Dean, SD Telecommunications Association
Jeff Carmer, Century Link, Sioux Falls
Cheryl Riley, ATT, Cheyenne, Wyo
Bob Wilcox, SD Association of County Commissioners
Jeff Mehlhaff, SDMEA, Ft. Pierre
Hunter Roberts, Governor's Office of Economic Development
MOTION: AMEND HB 1241
1241ta
On page 2, line 1, of the printed bill, delete "adjacent to a road" and insert "in a highway right-of-way".
Moved by: Nelson (Stace)
Second by: Tornow
Action: Prevailed by voice vote.
MOTION: DEFER HB 1241 TO THE 41
ST LEGISLATIVE DAY
Moved by: Venner
Second by: Tulson
Action: Prevailed by roll call vote. (9-3-1-0)
Voting Yes: Magstadt, Munsterman, Olson (Betty), Rausch, Tornow, Tulson, Venner, Cronin,
Kirkeby
Voting No: Feickert, Schrempp, Nelson (Stace)
Excused: Kloucek
MOTION: ADJOURN
Moved by: Rausch
Second by: Munsterman
Action: Prevailed by voice vote.
Jeanette Black
____________________________
Committee Secretary
Justin Cronin, Vice Chair
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