72nd Legislative Session -- 1997
Committee: Senate Local Government
Monday, March 3, 1997
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 Vitter
Second by:
Senator Ham
Action:
Prevailed by voice vote.
HCR 1010:
Requesting the appointment of an interim legislative committee to
study water development districts, county drainage laws, conservation districts, and
other natural resource districts.
Proponents:
Representative Jim Putnam
Dave Hauschild, SD Water Congress
Pat Cerny, Southern Missouri Water Development District
Opponents:
None
MOTION:
DO PASS HCR1010
Moved by:
Senator Vitter
Second by:
Senator Reedy
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Albers, Hutmacher, Kloucek, Reedy, Vitter, Ham, Aker
MOTION:
PLACE HCR1010 ON CONSENT
Moved by:
Senator Vitter
Second by:
Senator Reedy
Action:
Prevailed by voice vote.
HB 1246:
to elect trustees to control and manage drainage districts and to declare
an emergency.
Proponents:
Representative Jim Putnam
Dennis Hanson, SD Association of County Commissioners
Opponents:
Charles Deutscher, Oliver, SD
MOTION:
AMEND HB 1246
t-1246b
On page
1
,
line
6 of the House Local Government engrossed bill
,
delete "
at
"
.
On page
1
,
line
7
,
delete "
least ten acres each of
"
.
On page
2
,
line
22
,
delete "
at least ten acres of
"
and insert "
a tract of
"
.
On page
5
,
line
12
,
delete "
a landowner of at least ten acres
"
and insert "
an owner
"
.
On page
6
,
line
4
,
after "
may
"
insert "
, in conformity with any applicable local, state, and federal
laws, rules, ordinances, and regulations
"
.
On page
6
,
line
6
,
delete everything after "
ditch
"
.
On page
6
,
line
7
,
delete everything before "
;
"
.
On page
6
,
line
8
,
delete everything after "
ditch
"
.
On page
6
,
line
9
,
delete everything before "
;
"
.
On page
6
,
line
10
,
delete everything after "
ditch
"
.
On page
6
,
line
11
,
delete everything before "
;
"
.
On page
6
,
line
12
,
delete "
and to pay the landowner for damages
"
and insert "
by purchase or
condemnation or any other lawful method in conformity with chapter 21-35 and any other provision
of state law
"
.
On page
6
,
line
19
,
after "
46A-10A-75
"
insert "
. No member of the board of trustees may have
any interest in any contract or employment entered into pursuant to this subdivision or subdivision
(8) of this section
"
.
On page
7
,
line
1
,
after "
received
"
insert "
and subject to approval by a majority of the eligible
landowners voting in a special election held by the board of trustees in conjunction with the district's
annual election
"
.
On page
7
,
line
20
,
delete "
judge of the circuit court for the counties in which the district lies
"
and insert "
simple majority of the eligible landowners voting in a special election held by the board
of trustees in conjunction with the district's annual election
"
.
On page
8
,
after line
5
,
insert:
"
Section 27.Whereas, this Act is necessary for the immediate preservation of the public peace,
health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
"
Moved by:
Senator Kloucek
Second by:
Senator Vitter
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1246
t-1246c
On page
8 of the House Local Government committee engrossed bill
,
after line
5
,
insert:
"
Section 26. Any decision of the board of trustees of a drainage district may be referred to a vote
of the eligible voters of the district by the filing of a petition signed by at least five percent of the
eligible voters of the district. The petition shall be filed with the district within ninety days following
the district's action. Upon receipt of a valid petition, the district shall call a special election, which
shall be held within sixty days. The district shall publish notice of the election in the official
newspaper of the counties in which the district is located at least twenty days before the election is
held. The election shall be conducted by the district in the same manner as the district's annual
election is conducted.
"
Moved by:
Senator Kloucek
Second by:
Senator Vitter
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1246 AS AMENDED
Moved by:
Senator Ham
Second by:
Senator Albers
Action:
Prevailed by roll call vote.
(5-2-0-0)
Voting yes:
Albers, Reedy, Vitter, Ham, Aker
Voting no:
Hutmacher, Kloucek
MOTION:
TO AMEND TITLE OF HB 1246
t-1246t
On page
1
,
line
1 of the House Local Government committee engrossed bill
,
after "
districts
"
insert "
and to declare an emergency
"
.
Moved by:
Senator Ham
Second by:
Senator Vitter
Action:
Prevailed by voice vote.
HB 1273:
to authorize agents or employees of the Department of Transportation
to issue citations for certain motor vehicle violations.
Proponents:
Ron Wheeler, Secretary, DOT
Jim Keyes. SD Association of General Contractors
Opponents:
None
MOTION:
DO PASS HB 1273
Moved by:
Senator Vitter
Second by:
Senator Reedy
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Albers, Hutmacher, Kloucek, Reedy, Vitter, Ham, Aker
HB 1215:
to authorize the referral of certain county zoning decisions.
Proponents:
Renee Morog, Miller, SD
Dennis Hansen, SD County Commissioners
Comments by:
Marie Engels, SD Farm Bureau
MOTION:
AMEND HB 1215
t-1215c
On the House Local Government committee engrossed bill, delete all previous amendments,
thus restoring the bill to its original printed form.
Moved by:
Senator Kloucek
Second by:
Senator Reedy
Action:
Failed by voice vote.
MOTION:
SUBSTITUTE MOTION DEFER HB 1215 UNTIL THE 41ST LEGISLATIVE
DAY
Moved by:
Senator Ham
Second by:
None
Action:
Died for a lack of a second
MOTION:
AMEND HB 1215
t-1215c
On the House Local Government committee engrossed bill, delete all previous amendments,
thus restoring the bill to its original printed form.
Moved by:
Senator Albers
Second by:
Senator Kloucek
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1215 AS AMENDED
Moved by:
Senator Hutmacher
Second by:
Senator Kloucek
Action:
Prevailed by roll call vote.
(4-3-0-0)
Voting yes:
Albers, Hutmacher, Kloucek, Reedy
Voting no:
Vitter, Ham, Aker
MOTION:
SUBSTITUTE MOTION DEFER HB 1215 UNTIL THE 41ST LEGISLATIVE
DAY
Moved by:
Senator Vitter
Second by:
Senator Aker
Action:
Failed by roll call vote.
(3-4-0-0)
Voting yes:
Vitter, Ham, Aker
Voting no:
Albers, Hutmacher, Kloucek, Reedy
MOTION:
CALL THE QUESTION
Moved by:
Senator Vitter
Second by:
Senator Ham
Action:
Prevailed by roll call vote.
(5-2-0-0)
Voting yes:
Hutmacher, Reedy, Vitter, Ham, Aker
Voting no:
Albers, Kloucek
Suggested summer study of Law Enforcement and Court Services current responsibilities of
counties.
Moved by:
Senator Ham
Second by:
Senator Vitter
Action:
Prevailed by voice vote.
Summer study of means of revenue loss to counties of PTR dollars.
Moved by:
Senator Kloucek
Second by:
Senator Ham
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Senator Vitter
Second by:
Senator Kloucek
Action:
Prevailed by voice vote.
Jean Smith
_________________________________
Committee Secretary
Alan Aker, Chair
../03030745.SLO Page 1