74th Legislative Session -- 1999

Committee: Senate Local Government

Monday, February 8, 1999

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Dunn (Rebecca)
P      Kloucek
P      Madden
P      Reedy
P      Vitter
P      Shoener, Vice-Chair
P      Ham, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Arlene Ham.


MOTION:      TO APPROVE THE MINUTES OF PREVIOUS MEETING.

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

          SB 214:   provide for the liability of certain prisoners confined to jail for the costs of confinement and to provide a lien therefor.

Proponents:      Representative Larry Diedrich
Opponents:      None
Presented by:      Senator Arnold Brown

MOTION:      DO PASS SB 214

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

Voting yes:      Madden, Reedy, Vitter, Shoener, Ham

Voting no:      Dunn (Rebecca), Kloucek



          SB 222:   restrict the reasons for which a candidate may withdraw from a nomination.

Opponents:      None
Presented by:      Senator Don Brosz

MOTION:      DEFER SB 222 UNTIL THE 41ST LEGISLATIVE DAY

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

Voting yes:      Dunn (Rebecca), Kloucek, Madden, Reedy, Vitter

Voting no:      Shoener, Ham

          HB 1070:   authorize county road districts to establish certain vehicle speed and weight restrictions and to revise certain county road district formation requirements.

Proponents:      Bill Mickelson, SDHP
          Gail Brock, SD Assn. Of Towns and Townships
Opponents:      Richard Tieszen, Waste Management of South Dakota
Presented by:      Representative Roger Brooks

MOTION:      AMEND HB 1070

t-1070b

     On page 4 , after line 8 of the House Local Government committee engrossed bill , insert:

"      Section 10. That § 6-16-2 be amended to read as follows:

     6-16-2.   The application for organization shall be a petition verified by one or more circulators by affidavit stating that each affiant personally witnessed the signatures on the petition and believe the signatures to be genuine. The petition shall be signed by at least twenty-five percent of the landowners within the proposed district who are also registered voters within the district. If the proposed district is in two or more counties, a petition shall be filed in each county and each petition shall be signed by at least twenty percent of the landowners within the proposed district who are also registered voters within the proposed district in that county. The petition shall be accompanied by a deposit covering the estimated costs as determined by the county auditor of the public notices and the conduct of the election for the formation of the district. If the district to be formed is a road district that contains no registered voters, the petition requirements are based solely on landowners.

     Section 11. That § 6-16-6 be amended to read as follows:



     6-16-6.   A person who is a landowner in the proposed district and is registered to vote in the proposed district may vote in the elections provided for in §   6-16-5. However, the qualifications of a voter for irrigation district elections are provided in chapter 46A-4. Absentee voting is allowed pursuant to chapter 12-19 for the election on the question of formation of the special district. If the district to be formed is a road district that contains no registered voters, voter eligibility is based solely on landowners. "


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

The Chair deferred HB 1070 until next meeting..

          HB 1126:   standardize publication and hearing requirements for municipal and county planning and zoning procedures.

Proponents:      Richard Howard, SD County Commissioners
Opponents:      None
Presented by:      Yvonne Vik, SD Municipal League

MOTION:      DO PASS HB 1126

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

Voting yes:      Dunn (Rebecca), Madden, Reedy, Vitter, Shoener, Ham

Voting no:      Kloucek

          SB 174:   revise certain provisions regarding the qualifications of a candidate for election to the office of county sheriff.

Presented by:      Dana Nelson, Governor's Office

MOTION:      TO TABLE SB 174

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

Voting yes:      Dunn (Rebecca), Kloucek, Madden, Reedy, Vitter, Shoener, Ham

          HB 1112:   revise certain provisions relating to tampering with public water systems and to provide a penalty therefor.

Proponents:      Dennis N. Davis, SD Rural Water System
Opponents:      None
Presented by:      Representative Gary Hanson

MOTION:      DO PASS HB 1112

Moved by:      Senator Shoener
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Dunn (Rebecca), Kloucek, Madden, Reedy, Vitter, Shoener, Ham

MOTION:      PLACE HB 1112 ON CONSENT

Moved by:      Senator Shoener
Second by:      Senator Reedy
Action:      Failed by voice vote.

MOTION:      ADJOURN

Moved by:      Senator Madden
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by voice vote.



Jean Smith

_________________________________

Committee Secretary
Arlene H. Ham, Chair


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