74th Legislative Session -- 1999

Committee: House Local Government

                                            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 Representative J. P. Duniphan, Chair.

MOTION:      TO APPROVE THE MINUTES OF February 4, 1999.

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

          HB 1165:   provide certain injunctive relief against unwarranted emergency zoning ordinances.

Proponents:      Rep. Young
Opponents:      John Bixler, Aurora, Dakota Rural Action
          Dick Howard, Pierre, SDACO
         
Presented by:      Rep. Wetz
         

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MOTION:      AMEND HB 1165

f-1165

     On page 1 , line 11 of the printed bill , delete everything after " void " .

     On page 1 , line 12 , delete " fees and costs " .

Moved by:      Representative Waltman
Second by:      Representative Engbrecht
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION AMEND HB 1165

f-1165a

     On page 1 , line 11 of the printed bill , before " award " delete " shall " and insert " may " .

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

MOTION:      SUBSTITUTE MOTION AMEND HB 1165

f-1165b

     On page 1 , line 11 of the printed bill , delete everything after " void " .

     On page 1 , line 12 , delete " fees and costs " .

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

MOTION:      DO PASS HB 1165

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

MOTION:      SUBSTITUTE MOTION TO TABLE HB 1165

Moved by:      Representative Waltman

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Second by:      Representative Chicoine
Action:      Prevailed by roll call vote.   (7-5-1-0)

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

Voting no:      Fryslie, Monroe, Solum, Young, Duniphan

Excused:      Crisp

          HB 1164:   permit the referral of emergency temporary zoning ordinances.

Opponents:      John Bixler, Aurora, Dakota Rural Action
          Dick Howard, Pierre, Executive Director, SDACO
         
Presented by:      Rep. Wetz

MOTION:      DO PASS HB 1164

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

MOTION:      SUBSTITUTE MOTION DEFER HB 1164 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Waltman
Second by:      Representative Hagen
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION TO TABLE HB 1164

Moved by:      Representative Young
Second by:      Representative Monroe
Action:      Prevailed by roll call vote.   (9-3-1-0)

Voting yes:      Chicoine, Engbrecht, Fryslie, Hagen, Lintz, Monroe, Solum, Weber, Young

Voting no:      Waltman, Munson (Donald), Duniphan

Excused:      Crisp

          HB 1160:   permit a municipality or county to issue a temporary special retail on- sale wine dealers' license for certain special events.

Proponents:      Yvonne Vik, Pierre, SD Municipal League
          Dan Nelson, Sioux Falls, Sioux Falls Chamber

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Opponents:      None
Presented by:      Rep. Peterson

MOTION:      DO PASS HB 1160

Moved by:      Representative Hagen
Second by:      Representative Chicoine
Action:      Prevailed by roll call vote.   (11-1-1-0)

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

Voting no:      Engbrecht

Excused:      Crisp

          HB 1257:   revise how certain alcoholic beverage licenses are issued to certain nonprofit organizations by a municipality or county.

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

MOTION:      DEFER HB 1257 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Waltman
Second by:      Representative Chicoine
Action:      Was not acted on.

MOTION:      CALL THE QUESTION

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

MOTION:      SUBSTITUTE MOTION AMEND HB 1257

r-1257

     On page 1 , after line 17 of the printed bill , insert:

"      Section 2. That § 35-4-105 be amended to read as follows:

     35-4-105.   A license issued pursuant to §   35-4-104 shall be issued to the organization and location specified on the application , and in the case of an on-sale license under subdivision 35-4-2(4), shall

be exempt from the quotas established in §  35-4-11 . Notwithstanding subdivisions 35-4-2 (4), (12) , and (16), the fee for each license is one hundred dollars. Each application shall be accompanied by the fee prior to consideration by the governing body or board of county commissioners. Notwithstanding §   35-5-21.1, the fee provided for in this section shall be retained by the governing body or board of county commissioners issuing such license. "

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

MOTION:      TO TABLE HB 1257

Moved by:      Representative Crisp
Second by:      Representative Chicoine
Action:      Failed by roll call vote.   (6-6-1-0)

Voting yes:      Chicoine, Crisp, Engbrecht, Lintz, Waltman, Weber

Voting no:      Fryslie, Hagen, Monroe, Solum, Young, Duniphan

Excused:      Munson (Donald)

MOTION:      DEFER HB 1257 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Waltman
Second by:      Representative Chicoine
Action:      Failed by roll call vote.   (6-6-1-0)

Voting yes:      Chicoine, Crisp, Engbrecht, Lintz, Waltman, Weber

Voting no:      Fryslie, Hagen, Monroe, Solum, Young, Duniphan

Excused:      Munson (Donald)

MOTION:      DO PASS HB 1257 AS AMENDED

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

Voting yes:      Fryslie, Hagen, Monroe, Solum, Young, Munson (Donald), Duniphan

Voting no:      Chicoine, Crisp, Engbrecht, Lintz, Waltman, Weber

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          HB 1262:   provide a procedure to form a road district if there is three or less landowners.

Proponents:      None
Opponents:      None
Presented by:      Rep. Apa

Comments by:    Chris Nelson, Pierre, Supervisor of Elections, Secretary of State

MOTION:      DO PASS HB 1262

Moved by:      Representative Weber
Second by:      Representative Young
Action:      Prevailed by roll call vote.   (13-0-0-0)

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

          HB 1265:   revise the zoning jurisdiction within three miles of city limits.

Presented by:      Rep. Kooistra

MOTION:      TO TABLE HB 1265

Moved by:      Representative Weber
Second by:      Representative Hagen
Action:      Prevailed by roll call vote.   (13-0-0-0)

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

MOTION:      ADJOURN

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

Beverly Jennings

Committee Secretary