74th Legislative Session -- 1999

Committee: House Local Government

Tuesday, February 2, 1999

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Chicoine
P      Crisp
P      Engbrecht
P      Fryslie
P      Hagen
P      Lintz
P      Monroe
P      Solum
P      Waltman
P      Weber
P      Young
P      Munson (Donald), Vice-Chair
P      Duniphan, Chair


OTHERS PRESENT: See Original Minutes

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


MOTION:      TO APPROVE THE MINUTES OF January 28, 1999,

Moved by:      Representative Hagen
Second by:      Representative Engbrecht
Action:      Prevailed by voice vote.

          HB 1077:   clarify voting eligibility and procedures for certain municipal incorporation elections.

Proponents:      None
Opponents:      None
Presented by:      Representative Hunt

MOTION:      AMEND HB 1077

t-1077

     On page 1 , after line 13 of the printed bill , insert:

"      Section 3. That § 9-3-3 be amended to read as follows:

     9-3-3.   Such persons shall cause an accurate census to be taken of the landowners and the resident population of the territory included in said the map as of a day not more than thirty days previous to the time of presenting such application to the board of county commissioners as hereinafter provided. Such The census shall exhibit the name of every landowner and head of a family residing within such the territory on such that day and the number of persons belonging to every such family and shall also state the names of all persons residing within such the territory at such the time. It The census shall be verified by the affidavit of the person taking the same census .

     Section 4. That § 9-3-5 be amended to read as follows:

     9-3-5.   The application for incorporation shall be by a petition subscribed and verified by the applicants and subscribed by not less than fifteen percent of the landowners and registered voters residing within such the territory, based upon the total number of landowners and registered voters at the last preceding general election. It shall set forth the boundaries and area thereof according to the survey and the landowner and resident population thereof according to the census taken. It shall be presented at the time indicated in the notice of such the application or as soon thereafter as the board of county commissioners can receive and consider the same application . "



Moved by:      Representative Munson (Donald)
Second by:      Representative Crisp
Action:      Prevailed by voice vote.

MOTION:      DEFER HB 1077 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Young
Second by:      Representative Weber
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DO PASS HB 1077 AS AMENDED

Moved by:      Representative Crisp
Second by:      Representative Monroe
Action:      Prevailed by roll call vote.   (7-6-0-0)

Voting yes:      Chicoine, Crisp, Engbrecht, Fryslie, Lintz, Monroe, Duniphan

Voting no:      Hagen, Solum, Waltman, Weber, Young, Munson (Donald)

          HB 1158:   allow counties to participate in a simulated election.

Proponents:      Krysti Mikkonen, Kids Voting SD, Aberdeen (Handout “A”)
          Rich Sattgast, SDACO, Pierre
         
Opponents:      None
Presented by:      Representative Waltman
         

MOTION:      DO PASS HB 1158

Moved by:      Representative Hagen
Second by:      Representative Duniphan
Action:      Prevailed by roll call vote.   (10-3-0-0)

Voting yes:      Chicoine, Engbrecht, Fryslie, Hagen, Lintz, Waltman, Weber, Young, Munson (Donald), Duniphan

Voting no:      Crisp, Monroe, Solum

          HB 1141:   establish a certain distance from a municipality's corporate limits in which the municipality has planning and zoning authority.

Proponents:      Gail Brost, SDATAT, Huron
          Dayle Hammock, Sturgis, self
          Senator Kleven, Sturgis, self
         
Opponents:      Yvonne Vik, SD Municipal League, Pierre
         
Presented by:      Representative McNenny (Handout “B”)

MOTION:      DEFER HB 1141 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Waltman
Second by:      None
Action:      Died for a lack of a second

MOTION:      DEFER HB 1141 UNTIL the 18th Leg. Day (2-4-99).

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

          HB 1096:   make the appointment of the county planning commission permissive.

Proponents:      Representative Duenwald
          Representative Koehn
         
Opponents:      None
Presented by:      Representataive Crisp
         

MOTION:      AMEND HB 1096

f-1096

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

"
     Section  1.  That § 11-2-2 be amended to read as follows:

     11-2-2.   For the purpose of promoting health, safety, morals, and the general welfare of the county, the The board of county commissioners of each county in the state , shall may appoint a commission of five or more members , the to be known as the county planning commission. If a county proposes to enact or implement any purpose set forth in this chapter then the board of county commissioners shall appoint a county planning commission. The total membership of which the county planning commission shall always be an uneven number and at least one member of which shall be a member of the board , to be known as the county planning commission. Such of county commissioners. The county planning commission shall also be is also the county zoning commission. "



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

MOTION:      DO PASS HB 1096 AS AMENDED

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

Voting yes:      Chicoine, Crisp, Engbrecht, Fryslie, Hagen, Lintz, Monroe, Weber, Young, Munson (Donald), Duniphan

Voting no:      Solum, Waltman

MOTION:      ADJOURN

Moved by:      Representative Fryslie
Second by:      Representative Young
Action:      Prevailed by voice vote.



Beverly Jennings

_________________________________

Committee Secretary
J.P. Duniphan, Chair


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