Committee: House Local Government
Thursday, February 04, 2016
P - Present
E - Excused
A - Absent
Roll Call
P Brunner
P Craig
P Greenfield (Lana)
P Hawks
P Heinemann (Leslie)
P Marty
P Qualm
P Rozum
P Schoenfish
P Soli
P Tulson
P Otten (Herman), Vice-Chair
P Conzet, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Kristin Conzet.
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 2, 2016 MINUTES
Moved by: Hawks
Second by: Craig
Action: Prevailed by voice vote.
HB 1106: exempt certain trees from requirements related to the removal of vegetation and
debris from township road rights-of-way and to extend general immunity from certain civil
liability for trees located in the township road right-of-way.
Presented by: Representative Hunt (Handouts: #1)
Proponents: Matt Staab, Brandon, self
Jennifer Schmidtbauer, Brandon, South Dakota, self (Handouts: #2)
Deb Klebanoff, Baltic, South Dakota, self
Mark Schmidtbauer, Brandon, South Dakota, self
Stacy DeBoer, Brandon, South Dakota, self
Opponents: Richard Howard, SD Association of Towns and Townships
Darla Pollman-Rogers, South Dakota Rural Electric Association
James Puffer, SD Association of Towns and Townships
Darwin Bettmann, SD Association of Towns and Townships
Greg Dean, South Dakota Telecommunications Association
Roger Tellinghuisen, South Dakota Association of County Commissioners
Pamela Bonrud, Northwestern Energy
MOTION: AMEND HB 1106
On page 1, line 13, of the printed bill, after "years" insert "unless a change in the structure of
the tree due to age, or by environmental elements or other causes, causes the tree to become a danger
to person or property".
On page 1, delete line 15.
On page 2, delete lines 1 to 12, inclusive.
On page 2 of the printed bill, delete lines 13 to 16, inclusive.
Moved by: Qualm
Second by: Marty
Action: Prevailed by roll call vote. (7-6-0-0)
Voting Yes: Brunner, Craig, Hawks, Marty, Qualm, Schoenfish, Soli
Voting No: Greenfield (Lana), Heinemann (Leslie), Rozum, Tulson, Otten (Herman), Conzet
MOTION: DEFER HB 1106 TO THE 41
ST LEGISLATIVE DAY
Moved by: Heinemann (Leslie)
Second by: Qualm
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DO PASS HB 1106 AS AMENDED
Moved by: Hawks
Second by: Craig
Action: Failed by roll call vote. (4-9-0-0)
Voting Yes: Craig, Hawks, Soli, Otten (Herman)
Voting No: Brunner, Greenfield (Lana), Heinemann (Leslie), Marty, Qualm, Rozum, Schoenfish,
Tulson, Conzet
THE MOTION TO DEFER HB 1106 TO THE 41
ST LEGISLATIVE DAY
Moved by: Heinemann (Leslie)
Second by: Qualm
Action: PREVAILED BY ROLL CALL VOTE. (9-4-0-0)
Voting Yes: Brunner, Greenfield (Lana), Heinemann (Leslie), Marty, Qualm, Rozum, Schoenfish,
Tulson, Conzet
Voting No: Craig, Hawks, Soli, Otten (Herman)
SB 2: revise the distribution of the revenue from the alcoholic beverage fund.
Presented by: Representative Heinemann (Leslie)
Proponents: Senator Ewing
Eric Erickson, South Dakota Association of County Commissioners
Carol Muller, Minnehaha County Commission
Staci Ackerman, South Dakota Sheriffs Association
Ray Clements, Jr., Kadoka, South Dakota, self
Kevin Schurch, Redfield, South Dakota, self
Rick Veldkamp, Trent, South Dakota, self
Duane Sutton, Brown County Commission
Paul Bachand, States Attorney Association
Michael Held, South Dakota Farm Bureau
Yvonne Taylor, SD Municipal League
Tom Tveit, Hughes County Commissioner
Opponents: Jim Terwilliger, Bureau of Finance & Management
MOTION: DO PASS SB 2
Moved by: Greenfield (Lana)
Second by: Soli
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Brunner, Craig, Greenfield (Lana), Hawks, Heinemann (Leslie), Marty, Qualm,
Rozum, Schoenfish, Soli, Tulson, Otten (Herman), Conzet
MOTION: ADJOURN
Moved by: Tulson
Second by: Marty
Action: Prevailed by voice vote.
Shirley Ellwein
____________________________
Committee Secretary
Kristin A. Conzet, Chair
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