73rd Legislative Session -- 1998
Committee: House Local Government
Tuesday, February 10, 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 correct Minutes of 2-5-98 on page 2, spelling of the name “Ulkamp” to
“Telkamp” and “Proponent” to “Opponent” in the same instance.
Moved by:
Representative Weber
Second by:
Representative Crisp
Action:
Prevailed by voice vote.
MOTION:
TO APPROVE THE MINUTES OF Feb, 5, 1998 as amended.
Moved by:
Representative Weber
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
HB 1001:
to provide for the establishment of water management districts, to revise
certain drainage policies and responsibilities, and to dissolve or convert certain
water-related special purpose districts.
See Minutes of Jan. 22, 1998 wherein a Sub-Committee was appointed to study this issue.
Proponents:
Pat Cerny, Burke, So. Mo. Water Dev. Dist. (Handout “A”)
Opponents:
None
Presented by:
Rep. Richard “Dick” Brown
MOTION:
AMEND HB 1001
t-1001g
On page
2
,
line
16 of the printed bill
,
overstrike "
Mid-Dakota
"
and insert "
Central Plains
"
.
On page
3
,
line
5
,
delete "
Mid-Dakota
"
and insert "
Central Plains
"
.
On page
4
,
line
19
,
overstrike "
Southern Missouri
"
and insert "
South Central
"
.
On page
4
,
line
20
,
overstrike "
Southern Missouri
"
and insert "
South Central
"
.
On page
4
,
line
21 of the printed bill
,
after "
Douglas,
"
insert "
Tripp,
"
.
On page
5
,
line
14
,
delete "
Stanley, Jackson, Shannon, Bennett, Tripp, and Todd
"
and insert
"
and Stanley
"
.
On page
5
,
line
14
,
remove the overstrikes from "
the portion of Jackson
"
.
On page
5
,
line
15
,
remove the overstrikes from "
County north of the White River
"
.
On page
5
,
line
15
,
remove the overstrikes from "
,
"
.
On page
11
,
line
9
,
delete "
. If there are
"
.
On page
11
,
delete lines
10
and
11
.
On page
11
,
line
12
,
delete "
represented
"
.
On page
14
,
line
14 of the printed bill
,
remove the overstrikes from "
two hundred thousand
"
.
On page
14
,
line
14
,
delete "
one million
"
.
On page
15
,
line
22
,
delete "
one
"
.
On page
15
,
line
22
,
overstrike everything after "
.
"
.
On page
15
,
line
23
,
delete "
hundred
"
.
On page
15
,
line
23
,
delete "
management
"
.
On page
15
,
overstrike lines
23
and
24
.
On page
16
,
overstrike line
1
.
On page
19
,
line
8
,
delete "
shall have a district
"
and insert "
may establish or dissolve one or
more drainage commissions.
"
.
On page
19
,
line
9
,
delete "
drainage commission.
"
.
On page
19
,
line
14
,
after "
board.
"
insert "
Any federal or tribal lands that are the subject of a
management plan adopted by any federal or tribal agency are exempted from the planning and
management requirements of this Act and are not subject to any official controls, regulations,
resolutions, orders, or dispute resolution activities adopted under this Act.
"
.
On page
19
,
line
19
,
delete "
The drainage commission of each water management district
"
and
insert "
If the water management district establishes a drainage commission, the drainage
commission
"
.
On page
19
,
line
24
,
delete "
four
"
and insert "
two
"
.
On page
20
,
line
1
,
delete "
one member
"
and insert "
two members
"
.
On page
20
,
line
2
,
delete "
one member
"
and insert "
two members
"
.
On page
20
,
line
3
,
delete "
shall
"
and insert "
may
"
.
On page
20
,
line
5
,
delete "
, except
"
and insert "
. In addition, the board shall appoint one or two
members
"
.
On page
20
,
line
7
,
after "
tribal
"
insert "
or township
"
.
On page
20
,
line
8
,
after "
tribal
"
insert "
or township
"
.
On page
20
,
line
9
,
delete "
one additional member
"
and insert "
one or two additional members,
as applicable,
"
.
On page
21
,
line
1
,
remove the overstrikes from "
shall
"
.
On page
21
,
delete line
2
,
and insert "
be established by the board
of county commissioners
.
"
.
On page
21
,
delete lines
3
and
4
.
On page
21
,
line
5
,
delete everything before "
Any
"
.
On page
21
,
line
22
,
overstrike "
Any member of a
"
and insert "
The
"
.
On page
21
,
line
23
,
after "
correspondence
"
insert "
to any member
"
.
On page
24
,
delete lines
8
to
11
, inclusive
,
and insert:
"
Section 48. That
§
46A-10A-12
be repealed.
46A-10A-12.
Any governing body of a municipality may contract with the board for drainage
expertise and services to be provided by the county. Such contract may provide that the municipality
shall pay fees as are agreed upon for the services performed.
"
On page
24
,
delete lines
15
to
17
, inclusive
,
and insert:
"
Section 50. That
§
46A-10A-14
be repealed.
46A-10A-14.
The board of county commissioners shall provide the funds, equipment and
accommodations necessary for such drainage activity as the county undertakes.
"
On page
25
,
line
20
,
delete everything after "
.
"
and insert "
Each water management district shall
submit a progress report to the Legislature by January 1, 2001.
"
.
On page
25
,
delete lines
21
to
24
, inclusive
.
On page
26
,
delete lines
1
and
2
.
On page
26
,
line
7
,
after "
land;
"
insert "
promoting flood control;
"
.
On page
26
,
line
23
,
delete "
and
"
and insert:
"
(10) A determination of the impacts of existing or proposed drainage activity on flooding and
flood control; and
"
.
On page
26
,
line
24
,
delete "
(10)
"
and insert "
(11)
"
.
On page
27
,
overstrike line
10
.
On page
27
,
line
11
,
overstrike everything before "
.
"
.
On page
27
,
delete lines
15
to
19
, inclusive
,
and insert:
"
Section 55. That
§
46A-10A-19
be repealed.
46A-10A-19.
Official controls instituted by a board or commission may include maps of drains,
county highways and roads, culverts, wetlands, sloughs and other natural and man-made features
relating to drainage showing their alignments, gradients, dimensions and other pertinent features.
"
On page
31
,
line
18 of the printed bill
,
after "
control
"
insert "
. Any permit requirements provided
under this section do not apply to any lands owned by any local government entity or by the state
or federal governments
"
.
On page
35
,
line
22
,
after "
municipality
"
insert "
or county
"
.
On page
35
,
line
23
,
after "
municipality
"
insert "
or county
"
.
On page
36
,
line
1
,
after "
municipality
"
insert "
or county
"
.
On page
36
,
line
2
,
before "
.
"
insert "
or county
"
.
On page
36
,
line
2
,
after "
the municipality
"
insert "
or county
"
.
On page
36
,
line
4
,
before "
until
"
insert "
or county
"
.
On page
36
,
line
4
,
before "
in
"
insert "
or county
"
.
On page
36
,
line
8
,
after "
of
"
insert "
a county or
"
.
On page
36
,
line
9
,
before "
corporate
"
insert "
county or municipal
"
.
On page
36
,
line
10
,
overstrike "
the drainage authority outside of the corporate
"
.
On page
36
,
line
11
,
overstrike "
limits
"
.
On page
37
,
line
5
,
delete "
river basin
"
and insert "
district
"
.
On page
40
,
line
21
,
delete "
river basin
"
and insert "
district
"
.
On page
58
,
after line
19
,
insert:
"
Section 138. That chapter 46A-3A be amended by adding thereto a NEW SECTION to read as
follows:
The Oglala Water Management District is hereby established and includes all of Shannon,
Bennett, and Todd counties and the portion of Jackson County south of the White River.
"
Moved by:
Representative Barker
Second by:
Representative Waltman
Action:
Prevailed by voice vote.
MOTION:
DEFER HB 1001 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Duniphan
Second by:
Representative Apa
Action:
Prevailed by roll call vote.
(9-3-1-0)
Voting yes:
Apa, Brown (Gary), Crisp, Johnson (Doug), Monroe, Weber, Chicoine, Hagen,
Duniphan
Voting no:
Barker, Waltman, Jorgensen
Excused:
Pummel
HB 1290:
to establish watershed conservation district boundaries and to provide
for the creation of water conservation districts.
See Minutes of Feb. 5, 1998.
Proponents:
William Keiry, Nisland, Conservation Commission
Robert Gab, Eureka, Conservation Commission
Opponents:
Pat Cerny, Burke, So. Mo. Water Dev. Dist.
Dale Hargan, Miller, MDWDD
Jay Gilbertson, Brookings, self
Dennis Hanson, Pierre, SD Assn. Of County Commissioners
Angela Ehlers, Pierre, SD Assn. Cons. Dist.
Presented by:
Rep. Wetz
MOTION:
DEFER HB 1290 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Barker
Second by:
Representative Crisp
Action: Was not acted on..
MOTION:
CALL THE QUESTION
Moved by:
Representative Duniphan
Second by:
Representative Crisp
Action:
Prevailed by voice vote.
PREVIOUS MOTION:
Action:
Prevailed by roll call vote.
(8-5-0-0)
Voting yes:
Apa, Brown (Gary), Crisp, Weber, Barker, Chicoine, Hagen, Jorgensen
Voting no:
Johnson (Doug), Monroe, Pummel, Waltman, Duniphan
HB 1068:
to require each legislative candidate to disclose each partnership,
limited partnership, and corporation that the candidate represents.
Proponents:
Kitty Werthmann, Pierre, Eagle Forum
Gavel to Vice Chair Duniphan.
Opponents:
None
Presented by:
Rep. Clarence Kooistra
Gavel to Chair Jorgensen.
MOTION:
DEFER HB 1068 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Barker
Second by:
Representative Brown (Gary)
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Brown (Gary), Crisp, Johnson (Doug), Pummel, Barker, Chicoine, Hagen,
Duniphan, Jorgensen
Voting no:
Apa, Monroe, Weber, Waltman
SB 4:
to revise the requirements for providing voter registration lists.
Proponents:
Chris Nelson, Pierre, Supervisor of Elections, Office of the Secretary of State
Opponents:
None
MOTION:
DO PASS SB 4
Moved by:
Representative Apa
Second by:
Representative Hagen
Action:
Failed by roll call vote.
(5-8-0-0)
Voting yes:
Apa, Barker, Chicoine, Hagen, Waltman
Voting no:
Brown (Gary), Crisp, Johnson (Doug), Monroe, Pummel, Weber, Duniphan,
Jorgensen
MOTION:
DEFER SB 4 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Duniphan
Second by:
Representative Crisp
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Apa, Brown (Gary), Crisp, Johnson (Doug), Monroe, Pummel, Weber,
Duniphan, Jorgensen
Voting no:
Barker, Chicoine, Hagen, Waltman
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.
See Minutes of Jan. 29, 1998.
Proponents:
John Cooper, Pierre, Secretary of Game, Fish and Parks, (Handout)
Opponents:
None
Presented by:
Rep. Patti de Hueck
MOTION:
AMEND HB 1247
x-1247
On page
1
,
line
10 of the printed bill
,
delete everything after "
full.
"
.
On page
1
,
delete lines
11
and
12
.
Moved by:
Representative Duniphan
Second by:
Representative Barker
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1247 AS AMENDED
Moved by:
Representative Duniphan
Second by:
Representative Barker
Action:
Prevailed by roll call vote.
(12-1-0-0)
Voting yes:
Brown (Gary), Crisp, Johnson (Doug), Monroe, Pummel, Weber, Barker, Chicoine,
Hagen, Waltman, Duniphan, Jorgensen
Voting no:
Apa
MOTION:
TO AMEND TITLE OF HB 1247
x-1247t
On page
1
,
line
2 of the printed bill
,
delete everything after "
circumstances
"
and insert "
.
"
.
On page
1
,
delete line
3
.
Moved by:
Representative Duniphan
Second by:
Representative Brown (Gary)
Action:
Prevailed by voice vote.
SB 3:
to clarify the employment status of certain election workers.
Proponents:
Chris Nelson, Pierre, Supervisor of Elections, Office of the Secretary of State
Opponents:
None
MOTION:
DO PASS SB 3
Moved by:
Representative Brown (Gary)
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 SB 3 ON CONSENT
Moved by:
Representative Brown (Gary)
Second by:
Representative Duniphan
Action:
Failed by voice vote.
MOTION:
ADJOURN
Moved by:
Representative Duniphan
Second by:
Representative Pummel
Action:
Prevailed by voice vote.
Beverly Jennings
_________________________________
Committee Secretary
Kay S. Jorgensen, Chair
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