72nd Legislative Session -- 1997
Committee: House Local Government
Thursday, February 13, 1997
P - Present
E - Excused
A - Absent
Roll Call
P
Apa
P
Crisp
P
Fiegen
P
Johnson (Doug)
P
Monroe
P
Pummel
P
Weber
P
Barker
P
Chicoine
P
Hagen
P
Waltman
P
Duniphan, Vice-Chair
P
Jorgensen, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Kay Jorgensen, Chair
MOTION:
TO APPROVE THE MINUTES OF FEBRUARY 11, 1997
Moved by:
Representative Weber
Second by:
Representative Apa
Action:
Prevailed by voice vote.
SB 192:
to revise certain requirements for snow removal equipment and to declare
an emergency.
Proponents:
James Keyes, Pierre, SD General Contractors
Myron Rau, Pierre, SD Highway Patrol
Opponents:
None
Presented by:
Representative Wick
MOTION:
DO PASS SB 192
Moved by:
Representative Apa
Second by:
Representative Barker
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Apa, Crisp, Fiegen, Johnson (Doug), Monroe, Pummel, Weber, Barker, Chicoine,
Hagen, Waltman, Duniphan, Jorgensen
MOTION:
PLACE SB 192 ON CONSENT
Moved by:
Representative Apa
Second by:
Representative Waltman
Action:
Prevailed by voice vote.
HB 1246:
to elect trustees to control and manage drainage districts.
Proponents:
Glenn L. Roth, Freeman, Hutchinson County States' Attorney
Verlyn F. Hauck, Olivet, Water District
Dennis Hanson, Pierre, SD Assn. If County Commissioners
Chuck Schroyer, Pierre, SD States Attorneys Assn.
Pat Cerney, Burke, So. Mo. Water Dev. District
David Hauschild, Pierre, Water Congress
John Hatch, Pierre, DENR
Opponents:
None
Presented by:
Rep. Jim Putnam
MOTION:
AMEND HB 1246
f-1246b
On page
6
,
line
3 of the printed bill
,
delete "
and have
"
.
On page
6
,
delete line
4
.
On page
6
,
line
5
,
delete "
commissioners under chapter 46A-10A
"
.
On page 7, line 3, after ";" insert "and".
On page
7
,
delete lines 4
and 5.
On page 7, line 7, delete "whether" and insert "if".
On page 7, delete line 8 and insert "have land located within the drainage district."
Moved by:
Representative Fiegen
Second by:
Representative Waltman
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1246 AS AMENDED
Moved by:
Representative Waltman
Second by:
Representative Weber
Action:
Prevailed by roll call vote.
(10-3-0-0)
Voting yes:
Apa, Johnson (Doug), Monroe, Pummel, Weber, Chicoine, Hagen, Waltman,
Duniphan, Jorgensen
Voting no:
Crisp, Fiegen, Barker
HB 1249:
to revise certain requirements for a drainage commission.
MOTION:
DO PASS HB 1249
Moved by:
Representative Waltman
Second by:
Representative Duniphan
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1249 UNTIL THE NEXT MEETING.
Moved by:
Representative Fiegen
Second by:
Representative Monroe
Action:
Prevailed by voice vote.
SB 153:
to revise the requirements for selling and purchasing surplus property.
Proponents:
Dennis Hanson, Pierre, SD Assn. Of County Commissioners
Hank Kosters, Pierre, Associated School Boards of SD
Opponents:
None
MOTION:
DO PASS SB 153
Moved by:
Representative Weber
Second by:
Representative Hagen
Action:
Was not acted on.
MOTION:
CALL THE QUESTION
Moved by:
Representative Barker
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 153 (Previous Motion)
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Apa, Crisp, Johnson (Doug), Monroe, Pummel, Weber, Barker, Chicoine, Hagen,
Waltman, Duniphan, Jorgensen
Excused:
Fiegen
MOTION:
PLACE SB 153 ON CONSENT
Moved by:
Representative Weber
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
SB 157:
to revise the security required of an agent selling hunting and fishing
licenses and snowmobile permits, to provide for fees and interest to be charged
agents, and to limit the liability of county treasurers.
Proponents:
Jerry Wheeler, Pierre, SD Retailers Association
Ken Anderson, Pierre, SD Game, Fish and Parks
Opponents:
None
Presented by:
Senator Aker
MOTION:
DO PASS SB 157
Moved by:
Representative Duniphan
Second by:
Representative Barker
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Apa, Crisp, Fiegen, Johnson (Doug), Monroe, Pummel, Weber, Barker, Chicoine,
Hagen, Waltman, Duniphan, Jorgensen
HB 1215:
to authorize the referral of certain county zoning decisions.
Proponents:
Lorin Pankratz, Sioux Falls, SD Pork Producers Council
Dennis Hanson, Pierre, SD Assn. Of County Commissioners
Henning Hansen, Huron, SD Assn. Of Towns and Townships
Opponents:
None
Presented by:
Representative Waltman
MOTION:
AMEND HB 1215
t-1215b
Delete everything after the enacting clause and insert:
"
Section
1.
That chapter 7-18A be amended by adding thereto a NEW SECTION to read as
follows:
Any special exception made by a board of adjustment or planning and zoning commission
pursuant to
§
11-2-25.1 may be appealed by an aggrieved party to the action to the board of county
commissioners for final resolution. This section does not apply if a board of county commissioners
acts as the planning commission or board of adjustment.
Section
2.
That chapter 7-18A be amended by adding thereto a NEW SECTION to read as
follows:
Any person aggrieved by a final decision of a board of county commissioners, as provided in
section 1 of this Act, may appeal to circuit court pursuant to
§
7-8-27.
"
Moved by:
Representative Waltman
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
TO AMEND TITLE OF HB 1215
t-1215t
On page
1
,
line
1 of the printed bill
,
delete everything after "
to
"
and insert "
provide for the
appeal and resolution of certain zoning decisions.
"
.
Moved by:
Representative Duniphan
Second by:
Representative Fiegen
Action:
Prevailed by voice vote.
HB 1082:
to reduce the voting requirements of the board of adjustment and to
increase the minimum number of members appointed to the planning and zoning
commission.
Proponents:
Lorin Pankratz, Sioux Falls, SD Pork Producers Assoc.
Dennis Hanson, Pierre, SD Assn. Of County Commissioners
Brian Jennings, Huron, SD Farmers Union
John Bixler, Brookings, Dakota Rural Action
Henning Hansen, Elkton, SDATAT
Opponents:
None
Presented by:
Rep. Larry Diedrich
MOTION:
AMEND HB 1082
f-1082
On page
1
,
line
10 of the printed bill
,
delete "
three-fifths
"
and insert "
two-thirds
"
.
On page
1
,
after line
13
,
insert:
"
Section 2. That
§
11-2-2
be amended to read as follows:
11-2-2.
For the purpose of promoting health, safety, morals
,
and the general welfare of the
county, the board of county commissioners of each county in the state, shall appoint a commission
of
three
five
or more members, the total membership of which shall always be an uneven number
and at least one member of which shall be a member of the board, to be known as the county
planning commission. Such commission shall also be the county zoning commission.
"
Moved by:
Representative Fiegen
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1082 AS AMENDED
Moved by:
Representative Barker
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Apa, Crisp, Fiegen, Johnson (Doug), Monroe, Pummel, Weber, Barker, Chicoine,
Hagen, Waltman, Duniphan, Jorgensen
MOTION:
TO AMEND TITLE OF HB 1082
f-1082t
On page
1
,
line
2 of the printed bill
,
after "
adjustment
"
insert "
and to increase the minimum
number of members appointed to the planning and zoning commission
"
.
Moved by:
Representative Waltman
Second by:
Representative Weber
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Representative Fiegen
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
Beverly Jennings
_________________________________
Committee Secretary
Kay S. Jorgensen, Chair
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