73rd Legislative Session -- 1998

Committee: House Local Government

Thursday, January 29, 1998

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Apa
P      Brown (Gary)
P      Crisp
P      Johnson (Doug)
P      Monroe
P      Pummel
P      Weber
E      Barker
P      Chicoine
P      Hagen
P      Waltman
P      Duniphan, Vice-Chair
E      Jorgensen, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by J. P. Duniphan, Vice Chair.


MOTION:      TO APPROVE THE MINUTES OF January 27, 1998.

Moved by:      Representative Chicoine
Second by:      Representative Waltman
Action:      Prevailed by voice vote.

          HB 1178:   to allow the use of absentee voting in certain township elections.

Proponents:      Danny Smeins, Webster, Attorney
          Henning Hansen, Huron, SD Assn. of Towns and Townships
          Chris Nelson, Pierre, Election Supervisor, Office of the Secretary of State
         
Presented by:      Rep. David Gleason

MOTION:      Moved to place the Bill at the bottom of this calendar.


Moved by:      Representative Waltman
Second by:      Representative Crisp
Action:      Prevailed by voice vote.

          HB 1082:   to revise the permissible number of county commissioners.

Proponents:      None
Opponents:      None
Presented by:      Rep. Bill Napoli

MOTION:      DEFER HB 1082 UNTIL February 3, 1998.

Moved by:      Representative Waltman
Second by:      Representative Apa
Action:      Prevailed by voice vote.

MOTION:      RECONSIDER HB 1082

Moved by:      Representative Brown (Gary)
Second by:      Representative Crisp
Action:      Failed by roll call vote.   (11-0-2-0)

Voting yes:      Apa, Brown (Gary), Crisp, Johnson (Doug), Monroe, Pummel, Weber, Chicoine, Hagen, Waltman, Duniphan

Excused:      Barker, Jorgensen

MOTION:      DEFER HB 1082 UNTIL February 3, 1998.

Moved by:      Representative Monroe
Second by:      Representative Weber
Action:      Prevailed by voice vote.

          HB 1141:   to revise certain provisions relating to the publication of certain public employees' salaries.

Proponents:      None
Opponents:      None
Presented by:      Rep. Bill Peterson

MOTION:      DO PASS HB 1141

Moved by:      Representative Apa
Second by:      Representative Pummel
Action:      Prevailed by roll call vote.   (11-0-2-0)

Voting yes:      Apa, Brown (Gary), Crisp, Johnson (Doug), Monroe, Pummel, Weber, Chicoine, Hagen, Waltman, Duniphan

Excused:      Barker, Jorgensen

MOTION:      PLACE HB 1141 ON CONSENT

Moved by:      Representative Apa
Second by:      Representative Weber
Action:      Prevailed by voice vote.

          HB 1235:   to clarify when rural electric cooperative members may vote by mail.

Proponents:      Brian Meyer, Pierre, SD Rural Electric Assn.
Opponents:      None
Presented by:      Rep. Van Gerpen

MOTION:      AMEND HB 1235

f-1235

     On page 1 , line 12 of the printed bill , delete " §  41-21-45 " and insert " §  47-21-45 " .


Moved by:      Representative Weber
Second by:      Representative Crisp
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1235 AS AMENDED

Moved by:      Representative Weber
Second by:      Representative Brown (Gary)
Action:      Prevailed by roll call vote.   (11-0-2-0)

Voting yes:      Apa, Brown (Gary), Crisp, Johnson (Doug), Monroe, Pummel, Weber, Chicoine, Hagen, Waltman, Duniphan

Excused:      Barker, Jorgensen

MOTION:      PLACE HB 1235 ON CONSENT

Moved by:      Representative Brown (Gary)
Second by:      Representative Apa
Action:      Prevailed by voice vote.

          HB 1117:   to revise the county bonding authority.

Proponents:      Dennis Hansen, Pierre, SD Assn. of County Commissioners
Opponents:      None.
Presented by:      Dr. Richard Belatti

MOTION:      DO PASS HB 1117

Moved by:      Representative Pummel
Second by:      Representative Chicoine
Action:      Prevailed by roll call vote.   (8-3-2-0)

Voting yes:      Apa, Brown (Gary), Johnson (Doug), Pummel, Chicoine, Hagen, Waltman, Duniphan

Voting no:      Crisp, Monroe, Weber

Excused:      Barker, Jorgensen

          HB 1247:   to authorize withholding animal damage services to a county under certain circumstances and to permit application of certain obligations owed to a county toward payment required of a county for animal damage control activities.

Proponents:      John Cooper, Pierre, Secretary of Game, Fish & Parks
          Richard Barnett, Sioux Falls, United Sportsman for South Dakotans
         
Opponents:      Dennis Hanson, Pierre, SD Assn. of County Commissioners
          Doug Hansen, Pierre, Dir.of Wild Life Assoc
         
Presented by:      Rep. de Hueck

MOTION:      DO PASS HB 1247

Moved by:      Representative Pummel
Second by:      Representative Crisp
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DEFER HB 1247 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Waltman
Second by:      Representative Monroe
Action:      Failed by roll call vote.   (4-7-2-0)

Voting yes:      Brown (Gary), Monroe, Weber, Duniphan

Voting no:      Apa, Crisp, Johnson (Doug), Pummel, Chicoine, Hagen, Waltman

Excused:      Barker, Jorgensen

MOTION:      DEFER HB 1247 UNTIL a later date.

Moved by:      Representative Pummel
Second by:      Representative Crisp
Action:      Prevailed by voice vote.

          HB 1167:   to revise certain provisions concerning appeals from decisions of county boards of equalization and to declare an emergency.

Proponents:      None
Opponents:      None
Presented by:      Rep. de Hueck

MOTION:      DO PASS HB 1167

Moved by:      Representative Waltman
Second by:      Representative Hagen
Action:      Prevailed by roll call vote.   (11-0-2-0)

Voting yes:      Apa, Brown (Gary), Crisp, Johnson (Doug), Monroe, Pummel, Weber, Chicoine, Hagen, Waltman, Duniphan

Excused:      Barker, Jorgensen

MOTION:      PLACE HB 1167 ON CONSENT

Moved by:      Representative Brown (Gary)
Second by:      Representative Waltman
Action:      Prevailed by voice vote.

          HB 1232:   to provide for confidentiality for trade secrets or commercial or financial information provided to municipalities.

Proponents:      Yvonne Vik, Pierre, SD Municipal League
Opponents:      None

MOTION:      DO PASS HB 1232

Moved by:      Representative Pummel
Second by:      Representative Brown (Gary)
Action:      Prevailed by roll call vote.   (10-0-3-0)

Voting yes:      Apa, Brown (Gary), Crisp, Johnson (Doug), Pummel, Weber, Chicoine, Hagen, Waltman, Duniphan

Excused:      Monroe, Barker, Jorgensen

          HB 1178:   to allow the use of absentee voting in certain township elections.

Proponents:      Chris Nelson, Pierre, Election Supervisor, Office of the Secretary of State
          Danny Smines, Webster, Attorney
          Gail Brock, Huron, SD Assn. Of Towns & Townships

Opponents:      Gary Cartensen, Bryant, self
         

MOTION:      AMEND HB 1178

f-1178

     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 8-3-1.1 be amended to read as follows:

     8-3-1.1.   The board of supervisors of a township may, by ordinance, require a candidate for township office to file a nominating petition pursuant to §  8-3-1.2. If, however, a petition is filed by twelve freeholders of the township by January first requesting that nomination petitions be filed by all candidates for township office, then the Board of Supervisors shall, by ordinance, require nominating petitions to be filed pursuant to §  8-3-1.2

     Section 2. That chapter 8-3 be amended by adding thereto a NEW SECTION to read as follows:
          If nominating petitions are required pursuant to §  8-3-1.1, then any voter qualified to vote in a township election may vote by absentee ballot as prescribed in chapter 12-19. "



Moved by:      Representative Weber
Second by:      Representative Monroe
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1178 AS AMENDED

Moved by:      Representative Monroe
Second by:      Representative Hagen
Action:      Prevailed by roll call vote.   (7-4-2-0)

Voting yes:      Apa, Brown (Gary), Monroe, Weber, Chicoine, Hagen, Duniphan

Voting no:      Crisp, Johnson (Doug), Pummel, Waltman

Excused:      Barker, Jorgensen

MOTION:      ADJOURN

Moved by:      Representative Weber
Second by:      Representative Monroe
Action:      Prevailed by voice vote.



Beverly Jennings

_________________________________

Committee Secretary
J. P. Duniphan,Vice Chair


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