72nd Legislative Session -- 1997

Committee: Senate Local Government

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Albers
P      Hutmacher
P      Kloucek
P      Reedy
P      Vitter
P      Ham, Vice-Chair
P      Aker, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Alan Aker, Chair.

MOTION:      TO APPROVE THE MINUTES OF PREVIOUS MEETING.

Moved by:      Senator Reedy
Second by:      Senator Vitter
Action:      Prevailed by voice vote.

          HB 1017:   to revise the requirements concerning a candidate's support of congressional term limits and to provide the board of elections with rule-making authority for implementing the voter's instructions on term limits.

Presented by:      Chris Nelson, Secretary of State's Office

MOTION:      DEFER HB 1017 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Reedy
Second by:      Senator Ham
Action:      Prevailed by roll call vote.   (6-1-0-0)

Voting yes:      Albers, Hutmacher, Kloucek, Reedy, Ham, Aker

Voting no:      Vitter

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          HB 1180:   to clarify taxing authority for political subdivisions.

Proponents:      Senator Jim Thompson
          Dan Nelson, Sioux Falls Chamber of Commerce
          Yvonne Vik, SD Municipal League
Opponents:      None

MOTION:      DO PASS HB 1180

Moved by:      Senator Ham
Second by:      Senator Reedy
Action:      Prevailed by roll call vote.   (6-1-0-0)

Voting yes:      Albers, Hutmacher, Reedy, Vitter, Ham, Aker

Voting no:      Kloucek

          HB 1246:   to elect trustees to control and manage drainage districts.

Proponents:      Representative Jim Putnam
          Chuck Shroyer, States Attorneys Assoc.
          Glen Roth, Hutchinson Co. States Attorney
          John Hatch, Dept. Of Environment and Natural Resources
        Dennis Hanson, County Commissioners Association
          Dave Hauschild, Water Congress
Opponents:      None

MOTION:      AMEND HB 1246

t-1246

     On page 8 of the House Local Government committee engrossed bill , after line 5 , insert:

"      Section 26. That § 46A-10A-34 be amended to read as follows:

     46A-10A-34.   A board shall may provide for appointment of its drainage commission to serve as a board of resolution and, under the regulations and controls adopted pursuant to this chapter, shall may provide that the board of resolution in individual cases may make, upon an affirmative vote of three-fourths of the full membership of the board of resolution, special exceptions or variances to any official controls and shall may reach decisions in individual drainage disputes between landowners, consistent with the provisions of §   46A-10A-20. The board may constitute itself as the board of resolution. The board may further provide that specified types or categories of drainage disputes may not be heard by the board of resolution. A drainage dispute which is not within the jurisdiction of the board of resolution shall be taken directly to the circuit court of the county wherein the conflict exists. "

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Moved by:      Senator Vitter
Second by:      Senator Ham
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1246 AS AMENDED

Moved by:      Senator Vitter
Second by:      Senator Aker

MOTION:      SUBSTITUTE MOTION DEFER HB 1246 UNTIL NEXT MEETING ON MONDAY, MARCH 3.

Moved by:      Senator Ham
Second by:      Senator Hutmacher
Action:      Prevailed by voice vote.

MOTION:      ADJOURN

Moved by:      Senator Vitter
Second by:      Senator Ham
Action:      Prevailed by voice vote.

Jean Smith

Committee Secretary