Committee: House Local Government

Thursday, February 13, 2014

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Craig
P    Hajek
P    Heinemann (Leslie)
P    Heinert
E    Latterell
P    Nelson
P    Olson (Betty)
P    Otten (Herman)
P    Soli
P    Tulson
P    Tyler
E    Rozum, Vice-Chair
P    Rounds, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Tim Rounds, Chair.

MOTION:    TO APPROVE THE MINUTES OF FEBRUARY 11, 2014.

Moved by:    Hajek
Second by:    Craig
Action:    Prevailed by voice vote.

MOTION:    REMOVE HB 1164 FROM THE TABLE

Moved by:    Hajek
Second by:    Heinert
Action:    Prevailed by roll call vote. (10-1-2-0)

Voting Yes:    Craig, Hajek, Heinert, Nelson, Olson (Betty), Otten (Herman), Soli, Tulson, Tyler, Rounds

Voting No:    Heinemann (Leslie)

Excused:    Latterell, Rozum

MOTION:    AMEND HB 1164

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

" Section 1. That § 13-26-9 be amended to read as follows:

13-26-9. A decision by a school board to schedule the opening day of classes before the first Tuesday following the first Monday in September may be referred to a vote of the qualified voters of the school district by the filing of a petition signed by ~~five~~ two and one-half percent of the registered voters in the school district, based upon the total number of registered voters at the last preceding general election. The board in scheduling the opening day of classes shall allow sufficient time for the referendum process authorized in this section.

Section 2. That § 13-26-10 be amended to read as follows:

13-26-10. A petition to refer a school board decision may be filed with the business manager of the school district within ~~twenty~~ ninety days after its publication. The filing of the petition shall require the submission of the decision to a vote of the qualified voters of the school district for its rejection or approval. "

Moved by:    Hajek
Second by:    Otten (Herman)
Action:    Prevailed by voice vote.

MOTION:    REMOVE HB 1096 FROM THE TABLE

Moved by:    Hajek
Second by:    Tyler
Action:    Prevailed by roll call vote. (10-1-2-0)

Voting Yes:    Craig, Hajek, Heinemann (Leslie), Nelson, Olson (Betty), Otten (Herman), Soli, Tulson, Tyler, Rounds

Voting No:    Heinert

Excused:    Latterell, Rozum

MOTION:    AMEND HB 1096

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

" Section 1. That § 12-1-13 be amended to read as follows:

12-1-13. Within five business days after a nominating~~, initiative, or referendum~~ petition is filed with the person in charge of the election, any interested person who has researched the signatures contained on the petition may file an affidavit stating that the petition contains deficiencies as to the number of signatures from persons who are eligible to sign the petition. The affidavit shall include an itemized listing of the specific deficiencies in question. An initiated measure or referendum petition may be challenged by any person pursuant to this section by filing an affidavit as set forth above within thirty days after the petition is filed with the person in charge of the election. "

Moved by:    Hajek
Second by:    Tulson
Action:    Prevailed by voice vote.

    HB 1223: revise certain provisions relating to appeals to county boards of adjustment.

Presented by:    Representative Kathy Tyler
Proponents:    Russ Layton, self

MOTION:    DO PASS HB 1223

Moved by:    Soli
Second by:    Nelson
Action:    Failed by roll call vote. (5-6-2-0)

Voting Yes:    Craig, Heinert, Nelson, Soli, Tyler

Voting No:    Hajek, Heinemann (Leslie), Olson (Betty), Otten (Herman), Tulson, Rounds

Excused:    Latterell, Rozum

        THE CHAIR DEFERRED HB 1223

    HB 1231: require the Board of Finance to consider an increase in the state mileage rate under certain circumstances.

Presented by:    Representative Jim Bolin
Proponents:    Representative Kyle Schoenfish
Opponents:    Emily Ward, Bureau of Finance and Management

MOTION:    DEFER HB 1231 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Hajek
Second by:    Heinemann (Leslie)

Action:    Prevailed by roll call vote. (7-4-2-0)

Voting Yes:    Hajek, Heinemann (Leslie), Heinert, Olson (Betty), Tulson, Tyler, Rounds

Voting No:    Craig, Nelson, Otten (Herman), Soli

Excused:    Latterell, Rozum

    HB 1234: require notice to property owners in certain eminent domain cases.

Presented by:    Representative Stace Nelson
Proponents:    Steve Rosenberger, Lead, self
Opponents:    Brett Koenecke, SD Electric Utility Companies
        Margo Northrup, SD Association of Rural Water Systems
        Greg Dean, SD Telecommunications Association
        Darla Pollman Rogers, SD Rural Electric Association

MOTION:    DEFER HB 1234 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Hajek
Second by:    Heinemann (Leslie)
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION AMEND HB 1234

Moved by:    Nelson
Second by:    Heinert
Action:    Prevailed by voice vote.

MOTION:    SUBSTITUTE MOTION DO PASS HB 1234 AS AMENDED

Moved by:    Nelson
Second by:    Soli
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION DEFER HB 1234 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Otten (Herman)
Second by:    Hajek
Action:    Prevailed by roll call vote. (9-2-2-0)

Voting Yes:    Hajek, Heinemann (Leslie), Heinert, Olson (Betty), Otten (Herman), Soli, Tulson, Tyler, Rounds

Voting No:    Craig, Nelson

Excused:    Latterell, Rozum

MOTION:    ADJOURN

Moved by:    Heinert
Second by:    Tulson
Action:    Prevailed by voice vote.

Elizabeth Markley

____________________________

Committee Secretary

Tim Rounds, Chair

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