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 9, 1999.

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

          HB 1254:   revise certain provisions related to local government officer conflicts of interest.

Proponents:      Robert Frieberg, Beresford, SD Municipal League
          Dr. Henry Kosters, Pierre, Associated School Boards of South Dakota
          Dr. James Shekleton, Pierre, SD Board of Regents
Opponents:      None
Presented by:      Representative Clark
Comments by: Yvonne Vik, Pierre, SD Municipal League

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MOTION:      AMEND HB 1254

t-1254a

     On page 1 , line 15 of the printed bill , after " beginning. " insert " For purposes of this section, the term, direct financial interest, means that the officer has the authority or ability to control, direct, or manage the contract-related activities of the entity that has contracted with the county, municipality, township, or school district and will gain direct financial benefit as a result of the contract. " .

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

MOTION:      DO PASS HB 1254 AS AMENDED

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

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

Voting no:      Crisp

Excused:      Solum

          HB 1278:   revise certain provisions related to the reopening of certain vacated public highways.

Proponents:      Gail Brock, Huron, SDATAT
         
Opponents:      None
Presented by:      Representative Chicoine

MOTION:      DO PASS HB 1278

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

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

Voting no:      Crisp, Monroe, Young

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          HB 1303:   limit the liability of local government agencies and their employees for year 2000 litigation.

Proponents:      Jim Hood, Spearfish, SD Municipal League
          Rich Sattgast, Pierre, SD Assoc. of County Officials
          Bill Bullard, Pierre, PUC
Opponents:      None
Presented by:      Representatiave Garnos

MOTION:      DO PASS HB 1303

Moved by:      Representative Engbrecht
Second by:      Representative Young
Action:      Prevailed by roll call vote.   (12-1-0-0)

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

Voting no:      Crisp

          HB 1224:   govern the conditions under which a municipality may grant additional CATV franchises.

Proponents:      Doug Bierschbach, Brookings, SD Cable TV Association
          Brian Meyer, Pierre, SD Assn. Of Telephone Coops.
          Brent Wilbur, Pierre, SD Cable Television Assoc.
         
Opponents:      Yvonne Vik, Pierre, SD Municipal League
         
Presented by:      Representative Fiegen

MOTION:      AMEND HB 1224

F-1224

     On page 1 , line 6 of the printed bill , delete " additional franchises " and insert " franchise " .

     On page 1 , line 6 , delete " for any area including " .

     On page 1 , line 7 , delete " an existing franchise " .

     On page 1 , delete lines 8 to 11 , inclusive , and insert " any other CATV franchise issued by that municipality. "

Moved by:      Representative Monroe
Second by:      Representative Solum

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Action:      Prevailed by voice vote.

MOTION:      SUBSTITUTE MOTION AMEND HB 1224

f-1224a

     On the previous amendment (f-1224), after "municipality" insert "unless those same terms and conditions are offered to each CATV franchisee".

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

The Chair deferred HB 1224 until February 16, 1999, the 25th L. D..

          SB 90:   allow the register of deeds to assist in the execution of United States passport applications.

Proponents:      Rich Sattgast, Pierre, SD Assoc. of County Officials
Opponents:      None
Presented by:      Representataive Monroe

MOTION:      DO PASS SB 90

Moved by:      Representative Monroe
Second by:      Representative Engbrecht
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:      PLACE SB 90 ON CONSENT

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

          SB 112:   allow municipalities operating under the commissioner form of government to determine the frequency of their meetings.

Proponents:      Yvonne Vik, Pierre, SD Municipal league
         
Opponents:      None
Presented by:      Representative Young

MOTION:      DO PASS SB 112

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Moved by:      Representative Waltman
Second by:      Representative Waltman
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:      PLACE SB 112 ON CONSENT

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

MOTION:      ADJOURN

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

Beverly Jennings

Committee Secretary