93rd Legislative Session _ 2018

Committee: Senate Local Government
Monday, March 05, 2018

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Cammack
P    Ewing
E    Killer
P    Maher
P    Nelson
P    Youngberg, Vice-Chair
P    Langer, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by the Chair, Senator.

MOTION:    TO APPROVE THE MINUTES OF FEBRUARY 28, 2018

Moved by:    Ewing
Second by:    Youngberg
Action:    Prevailed by voice vote.

    HB 1257: designate certain highways by townships and counties as no maintenance highways.

Presented by:    Representative Livermont
Proponents:    Eric Erickson, South Dakota Association of County Commissioners
        Darla Pullman Rogers, South Dakota Rural Electric Association
        Greg Dean, South Dakota Telecommunications Association

MOTION:    AMEND HB 1257

1257wd
    On page 2 of the House Local Government Committee engrossed bill, delete lines 7 to 19, inclusive, and insert:

"    Section 4. That § 31-3-45 be amended to read:

    31-3-45. No vacation, change, or relocation of any highway as provided for in under this chapter shall diminish, nor any no maintenance designation of a highway as provided under chapter 31-12, diminishes any existing right of use enjoyed by any public utility, municipally owned utility, rural water system, or cooperative utility which that provides electricity, gas, water, or telephone service.

    Section 5. That section 37 of the enrolled version of HB 1107 as previously enacted by the Ninety-Third Session Legislative Assembly, 2018, be repealed.

    [Section 37.] That chapter 31-12 be amended by adding a NEW SECTION to read:

    The board of county commissioners may designate a highway that is unsafe for vehicle travel as a no maintenance highway. The board shall identify the beginning and end point of the highway designated as no maintenance. The board does not have any responsibility on a no maintenance highway except to require removal or remediation of a manmade obstruction, if needed, to maintain the public access.

    Section 6. That section 38 of the enrolled version of HB 1107 as previously enacted by the Ninety-Third Session Legislative Assembly, 2018, be repealed.

    [Section 38.] That chapter 31-12 be amended by adding a NEW SECTION to read:

    The board of county commissioners shall post signs on a no maintenance highway to notify the motoring public that it is a no maintenance highway and that no vehicle travel is advised. The signs shall be posted at each entry point and at regular intervals along a no maintenance highway. A properly posted sign is prima facie evidence that adequate notice of a no maintenance highway has been given to the motoring public.".


Moved by:    Ewing
Second by:    Youngberg
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1257 AS AMENDED

Moved by:    Ewing
Second by:    Youngberg
Action:    Prevailed by roll call vote. (5-0-2-0)

Voting Yes:    Cammack, Ewing, Maher, Youngberg, Langer

Excused:    Killer, Nelson

    HB 1172: revise certain provisions regarding meetings of certain public bodies.

Presented by:    Representative May
        Senator Greenfield (Brock)
Opponents:    Gerry Kaufman, Associated School Boards of South Dakota
        Robert Monson, School Administrators of South Dakota

MOTION:    DEFER HB 1172 TO THE 41ST LEGISLATIVE DAY

Moved by:    Ewing
Second by:    Cammack
Action:    Failed by roll call vote. (2-3-2-0)

Voting Yes:    Cammack, Ewing

Voting No:    Maher, Youngberg, Langer

Excused:    Killer, Nelson

MOTION:    DO PASS HB 1172

Moved by:    Youngberg
Second by:    Maher
Action:    Failed by roll call vote. (3-2-2-0)

Voting Yes:    Maher, Youngberg, Langer

Voting No:    Cammack, Ewing

Excused:    Killer, Nelson

MOTION:    WITHOUT RECOMMENDATION HB 1172

Moved by:    Maher
Second by:    Youngberg
Action:    Failed by roll call vote. (3-2-2-0)

Voting Yes:    Maher, Youngberg, Langer


Voting No:    Cammack, Ewing

Excused:    Killer, Nelson

MOTION:    AMEND HB 1172

1172ka

    On page 2, line 15, of the House State Affairs Committee engrossed bill, delete "shall" and insert "may".

    On page 3, overstrike line 3.


Moved by:    Maher
Second by:    Youngberg
Action:    Failed by roll call vote. (3-3-1-0)

Voting Yes:    Cammack, Ewing, Maher

Voting No:    Nelson, Youngberg, Langer

Excused:    Killer

MOTION:    DO PASS HB 1172

Moved by:    Youngberg
Second by:    Nelson
Action:    Prevailed by roll call vote. (4-2-1-0)

Voting Yes:    Maher, Nelson, Youngberg, Langer

Voting No:    Cammack, Ewing

Excused:    Killer

MOTION:    ADJOURN

Moved by:    Ewing
Second by:    Youngberg
Action:    Prevailed by voice vote.

Mary Kirk

____________________________

Committee Secretary
Kris Langer, Chair

../03050900.SLO
Page 1