87
th Legislative Session _ 2012
Committee: House Local Government
Thursday, February 09, 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 Chairman Kirkeby.
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 7, 2012
Moved by: Schrempp
Second by: Munsterman
Action: Prevailed by voice vote.
HB 1008: revise certain provisions regarding the grounds for challenges for people
making application for ballots during an election.
Presented by: Jason Gant, Office of the Secretary of State
Proponents: Tiffany Campbell, American Civil Liberties Union of SD
MOTION: TO TABLE HB 1008
Moved by: Munsterman
Second by: Cronin
Action: Prevailed by roll call vote. (11-2-0-0)
Voting Yes: Feickert, Magstadt, Munsterman, Nelson (Stace), Olson (Betty), Rausch, Tornow,
Tulson, Venner, Cronin, Kirkeby
Voting No: Kloucek, Schrempp
HB 1247: revise certain provisions regarding the voting rights of persons convicted
of a felony or serving time in the state penitentiary.
Presented by: Representative Gene Abdallah
Proponents: Jason Gant, Office of the Secretary of State
Opponents: Tiffany Campbell, American Civil Liberties Union of SD
MOTION: DO PASS HB 1247
Moved by: Munsterman
Second by: Tornow
Action: Prevailed by roll call vote. (10-3-0-0)
Voting Yes: Magstadt, Munsterman, Nelson (Stace), Olson (Betty), Rausch, Tornow, Tulson,
Venner, Cronin, Kirkeby
Voting No: Feickert, Kloucek, Schrempp
HB 1135: revise the 911 emergency surcharge, to revise the collection and
distribution of the emergency surcharge revenue, to provide for point of sale
collection of the prepaid wireless 911 emergency surcharge, and to provide funding
for the upgrade of 911 emergency services.
MOTION: TO TABLE HB 1135
Moved by: Tornow
Second by: Magstadt
Action: Prevailed by roll call vote. (12-1-0-0)
Voting Yes: Feickert, Kloucek, Schrempp, Magstadt, Munsterman, Olson (Betty), Rausch,
Tornow, Tulson, Venner, Cronin, Kirkeby
Voting No: Nelson (Stace)
HB 1179: require certain campaign finance requirements to apply to all counties and
municipalities.
Presented by: Jason Gant, Office of the Secretary of State
Proponents: Yvonne Taylor, SD Municipal League
MOTION: AMEND HB 1179
1179tb
On page 1, line 7, of the printed bill, delete "municipal offices and".
On page 1, line 8, delete "and second".
On page 1, line 9, delete "municipality" and insert "municipal".
On page 1, line 13, after "questions" insert "or elections for municipal offices".
On page 2, line 4, delete ", municipal,".
On page 2, line 4, after "or" insert "county, municipal, or school district".
On page 2, line 10, delete "office or ballot questions" and insert "ballot questions".
On page 2, line 12, delete "office or".
On page 2, line 24, delete "office" and insert "ballot question".
On page 3, line 3, delete "delegate" and insert "direct".
On page 3, delete line 4, and insert "chapter be electronically filed with the secretary of state,
rather than being filed with the county, municipality, school district, or other political subdivision.".
On page 3, after line 4, insert:
"
Section 4. That chapter 12-27 be amended by adding thereto a NEW SECTION to read as
follows:
Nothing is this chapter prevents any political subdivision from adopting additional standards or
requirements relating to campaign finance for elections held under the political subdivision's own
jurisdiction that are more stringent than the provisions of this title.".
Moved by: Rausch
Second by: Cronin
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1179 AS AMENDED
Moved by: Rausch
Second by: Cronin
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Feickert, Kloucek, Schrempp, Magstadt, Munsterman, Nelson (Stace), Olson (Betty),
Rausch, Tornow, Tulson, Venner, Cronin, Kirkeby
HB 1230: modify the publication requirements regarding the application for a well
driller license or a well pump installer license.
Presented by: Representative Stace Nelson
Opponents: Steve Pirner, Department of Environment and Natural Resources
Brenda Forman, AG Unity
Lorin Pankratz, SD Pork Producers
Lorin Pankratz, SD Soybean Association
MOTION: DEFER HB 1230 TO THE 41
ST LEGISLATIVE DAY
Moved by: Munsterman
Second by: Rausch
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DO PASS HB 1230
Moved by: Tornow
Second by: Nelson (Stace)
Action: Prevailed by roll call vote. (9-4-0-0)
Voting Yes: Kloucek, Schrempp, Magstadt, Nelson (Stace), Olson (Betty), Tornow, Venner,
Cronin, Kirkeby
Voting No: Feickert, Munsterman, Rausch, Tulson
HB 1250: permit counties and townships to levy a capital improvement property tax
for highways, secondary roads, bridges, and culverts.
Presented by: Representative Dennis Feickert
Proponents: Representative Burt Tulson
Deb Mortenson, Associated General Contractors of SD - HHU Chapter
Jan Weismantel, Brown County
Julie Johnson, Absolutely Aberdeen
Jim Puffer, SD Association Towns ans Townships
Ron Blackhart, Self, Miller
Oran Sorenson, Self, Garretson
Dick Howard, SD Association of Towns and Townships
Opponents: Mike Houdyshell, Department of Revenue
MOTION: DO PASS HB 1250
Moved by: Feickert
Second by: Tulson
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER HB 1250 TO THE 41ST LEGISLATIVE DAY
Moved by: Venner
Second by: Nelson (Stace)
Action: Failed by roll call vote. (5-6-2-0)
Voting Yes: Kloucek, Munsterman, Nelson (Stace), Rausch, Venner
Voting No: Feickert, Schrempp, Magstadt, Olson (Betty), Tulson, Kirkeby
Excused: Tornow, Cronin
THE MOTION TO DO PASS HB 1250
Action: FAILED BY ROLL CALL VOTE. (6-5-2-0)
Voting Yes: Feickert, Schrempp, Magstadt, Olson (Betty), Tulson, Kirkeby
Voting No: Kloucek, Munsterman, Nelson (Stace), Rausch, Venner
Excused: Tornow, Cronin
MOTION: WITHOUT RECOMMENDATION HB 1250
Moved by: Feickert
Second by: Magstadt
Action: Failed by roll call vote. (6-5-2-0)
Voting Yes: Feickert, Schrempp, Magstadt, Olson (Betty), Tulson, Kirkeby
Voting No: Kloucek, Munsterman, Nelson (Stace), Rausch, Venner
Excused: Tornow, Cronin
MOTION: DO NOT PASS HB 1250
Moved by: Munsterman
Second by: Olson (Betty)
Action: Prevailed by roll call vote. (8-3-2-0)
Voting Yes: Feickert, Schrempp, Magstadt, Munsterman, Olson (Betty), Rausch, Tulson, Kirkeby
Voting No: Kloucek, Nelson (Stace), Venner
Excused: Tornow, Cronin
HB 1122: revise certain provisions relating to the vacation, change, or location of
highways.
Presented by: Representative David Sigdestad
MOTION: DO PASS HB 1122
Moved by: Tulson
Second by: Feickert
Action: Prevailed by roll call vote. (9-2-2-0)
Voting Yes: Feickert, Kloucek, Schrempp, Magstadt, Munsterman, Nelson (Stace), Olson (Betty),
Tulson, Kirkeby
Voting No: Rausch, Venner
Excused: Tornow, Cronin
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 David Sigdestad
MOTION: REMOVE HB 1222 FROM THE TABLE AND CALENDAR FOR THE SAME
DAY
Moved by: Nelson (Stace)
Second by: Kloucek
Action: Failed by roll call vote. (4-7-2-0)
Voting Yes: Feickert, Kloucek, Nelson (Stace), Olson (Betty)
Voting No: Schrempp, Magstadt, Munsterman, Rausch, Tulson, Venner, Kirkeby
Excused: Tornow, Cronin
MOTION: ADJOURN
Moved by: Kloucek
Second by: Olson (Betty)
Action: Prevailed by voice vote.
Jeanette Black
____________________________
Committee Secretary
Mark Kirkeby, Chair
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