73rd Legislative Session -- 1998

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 Chairman Alan Aker.

MOTION:      TO APPROVE THE MINUTES OF THE PREVIOUS MEETING.

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

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

Proponents:      Representative Bill Napoli
Opponents:      None

MOTION:      DO PASS HB 1082

Moved by:      Senator Ham
Second by:      Senator Albers
Action:      Prevailed by roll call vote.   (5-1-1-0)

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

Voting no:      Reedy

Excused:      Vitter

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          HB 1195:   to revise certain organizational and administrative procedures for consumers power districts.

Proponents:      Matt O'Loughlen, Heartland Consumers Power District, Madison
Opponents:      None

MOTION:      DO PASS HB 1195

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

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

Excused:      Vitter

          HB 1157:   to allow aldermanic municipalities to set the term of office by ordinance.

Proponents:      Representative Kevin Crisp
          Yvonne Vik, SD Municipal League
Opponents:      None

MOTION:      DO PASS HB 1157

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

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

Excused:      Vitter

MOTION:      PLACE HB 1157 ON CONSENT

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

          HB 1268:   to revise certain provisions relating to water development districts.

Proponents:      Representative Bill Cerny
          Pat Cerny, Southern Missouri Water Dev. Dist.
          Jay Gilbertson, East Dakota Water Development District
Opponents:      None

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MOTION:      DO PASS HB 1268

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

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

Excused:      Vitter

          HB 1271:   to revise the procedure for petitioning the board of county commissioners.

Proponents:      Representative Bill Van Gerpen
          Curt Mortenson, Ft. Pierre
          Jerry Webb, Harrold
          Kitty Werthmann, self
          Jean Bullard, Pierre
          Robert Hockett, Pierre
          Bill Bullard, Pierre
          George Biggs, Pierre
Opponents:      None

MOTION:      AMEND HB 1271

t-1271

     On page 1 , after line 10 of the House engrossed bill , insert:

"      Section 2. That § 11-2-30 be amended to read as follows:

     11-2-30.   The board of county commissioners shall thereafter by resolution or ordinance, as appropriate, either adopt or reject such amendment, supplement, change, modification , or repeal, and if it is adopted by the board of county commissioners, a summary of the same shall be prepared by the county planning commission, reviewed by the state's attorney, and published once in the official newspaper in such the county and take effect on the twentieth day after its publication. The provisions of §   11-2-22 shall be applicable hereto apply. If the board of county commissioners rejects the petition amendment, supplement, change, modification, or repeal, the decision is subject to the referendum process established pursuant to § §  7-18A-15 to 7-18A-24, inclusive . "

Moved by:      Senator Hutmacher
Second by:      Senator Ham
Action:      Failed by roll call vote.   (3-3-1-0)

Voting yes:      Hutmacher, Kloucek, Aker

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Voting no:      Albers, Reedy, Ham

Excused:      Vitter

MOTION:      AMEND HB 1271

t-1271

     On page 1 , after line 10 of the House engrossed bill , insert:

"      Section 2. That § 11-2-30 be amended to read as follows:

     11-2-30.   The board of county commissioners shall thereafter by resolution or ordinance, as appropriate, either adopt or reject such amendment, supplement, change, modification , or repeal, and if it is adopted by the board of county commissioners, a summary of the same shall be prepared by the county planning commission, reviewed by the state's attorney, and published once in the official newspaper in such the county and take effect on the twentieth day after its publication. The provisions of §   11-2-22 shall be applicable hereto apply. If the board of county commissioners rejects the petition amendment, supplement, change, modification, or repeal, the decision is subject to the referendum process established pursuant to § §  7-18A-15 to 7-18A-24, inclusive . "

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

MOTION:      DO PASS HB 1271 AS AMENDED

Moved by:      Senator Hutmacher
Second by:      Senator Kloucek
Action:      Prevailed by roll call vote.   (5-2-0-0)

Voting yes:      Hutmacher, Kloucek, Vitter, Ham, Aker

Voting no:      Albers, Reedy

          HB 1211:   to allow for the revocation or suspension of law enforcement certification for conduct unbecoming an officer.

Proponents:      Representative J. P. Duniphan
          Mark Barnett, Attorney General
          Steve Willard, SD Police Chiefs and Sheriffs Associations
Opponents:      None

MOTION:      DO PASS HB 1211

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Moved by:      Senator Ham
Second by:      Senator Vitter
Action:      Prevailed by roll call vote.   (7-0-0-0)

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

MOTION:      PLACE HB 1211 ON CONSENT

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

MOTION:      ADJOURN

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

Jean Smith

Committee Secretary