73rd Legislative Session -- 1998
Committee: House Local Government
Tuesday, February 3, 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
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 January 29, 1998.
Moved by:
Representative Duniphan
Second by:
Representative Waltman
Action:
Prevailed by voice vote.
MOTION:
Approve the agenda as posted on January 30, 1998.
Moved by:
Representative Brown (Gary)
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
HB 1127:
to revise certain statutes pertaining to the power of municipalities to
contract for planning and zoning services.
Proponents:
Dennis Hanson, Pierre, SD Assn. Of County Commissioners
Opponents:
None
Presented by:
Rep. Fischer-Clemens
MOTION:
DO PASS HB 1127
Moved by:
Representative Pummel
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Apa, Brown (Gary), Crisp, Johnson (Doug), Monroe, Pummel, Weber, Barker,
Chicoine, Hagen, Waltman, Duniphan, Jorgensen
MOTION:
PLACE HB 1127 ON CONSENT
Moved by:
Representative Duniphan
Second by:
Representative Crisp
Action:
Prevailed by voice vote.
HB 1206:
to provide for legislative review of zoning ordinances if there is a protest
filed.
Proponents:
Yvonne Vik, Pierre, SD Municipal League
Opponents:
None
Presented by:
Rep. Hagg
MOTION:
AMEND HB 1206
j-1206
On page
1
,
line
7 of the printed bill
,
remove the overstrikes from "
forty
"
.
On page
1
,
line
7
,
delete "
fifty-five
"
.
On page
1
,
line
8
,
overstrike "
one
"
and insert "
two
"
.
On page
1
,
line
9
,
overstrike "
measured by excluding streets and alleys
"
.
On page
1
,
line
13
,
remove the overstrikes from "
ordinance
"
.
On page
1
,
line
13
,
after "
shall
"
insert "
does
"
.
On page
1
,
line
13
,
remove the overstrikes from "
not become effective
"
.
On page
1
,
line
14
,
after "
as
"
insert "
unless the ordinance is approved by two-thirds of the
"
.
On page
1
,
line
14
,
delete "
shall
"
.
On page
1
,
line
15
,
delete "
review the protest and make a determination
"
.
Moved by:
Representative Duniphan
Second by:
Representative Chicoine
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1206
j-1206a
On page
1
,
line
8 of the printed bill
,
overstrike "
one
"
and insert "
two
"
.
On page
1
,
line
9
,
overstrike "
measured by excluding streets and alleys
"
.
On page
1
,
line
13
,
remove the overstrikes from "
ordinance
"
.
On page
1
,
line
13
,
after "
shall
"
insert "
does
"
.
On page
1
,
line
13
,
remove the overstrikes from "
not become effective
"
.
On page
1
,
line
14
,
after "
as
"
insert "
unless the ordinance is approved by two-thirds of the
"
.
On page
1
,
line
14
,
delete "
shall
"
.
On page
1
,
line
15
,
delete "
review the protest and make a determination
"
.
Moved by:
Representative Barker
Second by:
Representative Brown (Gary)
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1206 AS AMENDED
Moved by:
Representative Pummel
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(11-2-0-0)
Voting yes:
Brown (Gary), Crisp, Johnson (Doug), Monroe, Pummel, Weber, Barker, Chicoine,
Waltman, Duniphan, Jorgensen
Voting no:
Apa, Hagen
HB 1157:
to allow aldermanic municipalities to set the term of office by ordinance.
Proponents:
Yvonne Vik, Pierre, SD Municipal League
Rep. Fischer-Clemens
Opponents:
None
Presented by:
Rep. Crisp
MOTION:
DO PASS HB 1157
Moved by:
Representative Apa
Second by:
Representative Waltman
Action:
Prevailed by roll call vote.
(6-6-1-0)
Voting yes:
Apa, Brown (Gary), Johnson (Doug), Pummel, Chicoine, Duniphan
Voting no:
Crisp, Weber, Barker, Hagen, Waltman, Jorgensen
Excused:
Monroe
MOTION:
PLACE HB 1157 ON CONSENT
Moved by:
Representative Duniphan
Second by:
Representative Barker
Action:
Prevailed by voice vote.
HB 1177:
to establish the amount of county road levy that is distributed to any
municipality incorporated after 1984.
Proponents:
None
Opponents:
Dennis Hanson, Pierre, SD Assn, of County Commissioners
Presented by:
Rep. Kredit
MOTION:
DO PASS HB 1177
Moved by:
Representative Barker
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Apa, Brown (Gary), Crisp, Johnson (Doug), Pummel, Weber, Barker, Chicoine,
Hagen, Waltman, Duniphan, Jorgensen
Excused:
Monroe
MOTION:
PLACE HB 1177 ON CONSENT
Moved by:
Representative Crisp
Second by:
Representative Johnson (Doug)
Action:
Prevailed by voice vote.
HB 1301:
to allow first class municipalities to adopt an ordinance regulating the
minimum driving age and hours a vehicle may operated by a person who is at least
fourteen years of age and less than sixteen years of age.
MOTION:
REFER TO Transportation
Moved by:
Representative Duniphan
Second by:
Representative Pummel
Action:
Prevailed by voice vote.
HB 1246:
to allow public corporations to use single-source bidding procedures.
Proponents:
Yvonne Vik, Pierre, SD Municipal League
Opponents:
Jim Keyes, Pierre, SD General Contractors
Deene Dayton, Pierre, Legislative Audit
Presented by:
Rep. Doug Johnson
MOTION:
DO PASS HB 1246
Moved by:
Representative Apa
Second by:
Representative Johnson (Doug)
Action:
Failed by roll call vote.
(6-6-1-0)
Voting yes:
Apa, Brown (Gary), Johnson (Doug), Pummel, Chicoine, Duniphan
Voting no:
Crisp, Weber, Barker, Hagen, Waltman, Jorgensen
Excused:
Monroe
MOTION:
TO TABLE HB 1246
Moved by:
Representative Crisp
Second by:
Representative Barker
Action:
Prevailed by roll call vote.
(9-3-1-0)
Voting yes:
Brown (Gary), Crisp, Johnson (Doug), Weber, Barker, Hagen, Waltman,
Duniphan, Jorgensen
Voting no:
Apa, Pummel, Chicoine
Excused:
Monroe
HB 1211:
to allow for the revocation or suspension of law enforcement
certification for conduct unbecoming an officer.
Proponents:
Mark Barnett, Pierre, Attorney General
Steve Willard, Pierre, SD Police Chief Assn. And SD Sheriff's Assn.
Opponents:
None
Presented by:
Rep. J. P. Duniphan
MOTION:
DO PASS HB 1211
Moved by:
Representative Duniphan
Second by:
Representative Apa
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Apa, Brown (Gary), Crisp, Johnson (Doug), Monroe, Pummel, Weber, Barker,
Chicoine, Hagen, Waltman, Duniphan, Jorgensen
MOTION:
PLACE HB 1211 ON CONSENT
Moved by:
Representative Weber
Second by:
Representative Pummel
Action:
Prevailed by voice vote.
HB 1195:
to revise certain organizational and administrative procedures for
consumers power districts.
Proponents:
Matt O'Loughlin, Madison, Heartland Power District
Opponents:
None
Presented by:
Rep. Richard Belatti
MOTION:
AMEND HB 1195
f-1195
On page
1
,
delete lines
4
to
8 of the printed bill
, inclusive
.
On page
2
,
line
13
,
remove the overstrikes from "
electric
"
.
On page
2
,
line
14
,
delete "
, goods, and services
"
.
On page
14
,
line
20
,
after "
records
"
insert "
of the district
"
.
On page
14
,
delete lines
22
to
24
, inclusive
,
and insert "
This section does not apply to
information provided to the district by any other entity, or to information as to pricing of power
between the district and any other entity. Such information is available to the auditor general.
"
.
On page
15
,
delete line
1
.
Moved by:
Representative Duniphan
Second by:
Representative Chicoine
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1195 AS AMENDED
Moved by:
Representative Duniphan
Second by:
Representative Weber
Action:
Prevailed by roll call vote.
(12-1-0-0)
Voting yes:
Apa, Brown (Gary), Crisp, Johnson (Doug), Monroe, Pummel, Weber, Barker,
Chicoine, Hagen, Duniphan, Jorgensen
Voting no:
Waltman
HB 1320:
to clarify and restrict certain township zoning powers.
Proponents:
Douglas Luebke, Corsica, self
Mark Meier, Mt. Vernon, self
Marie Ingalls, Huron, SD Farm Bureau
Lee Brown, Sioux Falls, Ag Freeman
Dennis Hanson, Pierre, SD Assn, County Commissioners
Dennis Michae
Opponents:
Gail Brock, Huron, SD Assn. Of Towns & Townships
Henning Hansen, Huron, SD Assn. Of Towns & Townships
Dennis Wiese, Huron, SD Farmers Union
Presented by:
Rep. Doug Johnson
MOTION:
DEFER HB 1320 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Apa
Second by:
Representative Waltman
Action:
Was not acted on.
MOTION:
CALL THE QUESTION
Moved by:
Representative Weber
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DEFER HB 1320 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Apa
Second by:
Representative Weber
Action:
Prevailed by roll call vote.
(9-3-1-0)
Voting yes:
Apa, Brown (Gary), Crisp, Pummel, Weber, Barker, Chicoine, Hagen, Waltman
Voting no:
Johnson (Doug), Duniphan, Jorgensen
Excused:
Monroe
HB 1082:
to revise the permissible number of county commissioners.
Presented by:
Rep. Apa
MOTION:
AMEND HB 1082
f-1082
On page
2
,
line
15 of the printed bill
,
overstrike "
may or may not
"
and insert "
shall
"
.
Moved by:
Representative Apa
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1082 AS AMENDED
Moved by:
Representative Weber
Second by:
Representative Apa
Action:
Prevailed by roll call vote.
(7-5-1-0)
Voting yes:
Apa, Crisp, Johnson (Doug), Pummel, Chicoine, Waltman, Jorgensen
Voting no:
Brown (Gary), Weber, Barker, Hagen, Duniphan
Excused:
Monroe
MOTION:
ADJOURN
Moved by:
Representative Waltman
Second by:
Representative Chicoine
Action:
Prevailed by voice vote.
Beverly Jennings
_________________________________
Committee Secretary
Kay S. Jorgensen, Chair
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