74th Legislative Session -- 1999

Committee: Senate Local Government

Wednesday, February 10, 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 Vitter
Action:      Prevailed by voice vote.

          HB 1108:   authorize public utilities or electric utilities to remove certain obstructions that may impair its operations.

Proponents:      Representative Kay Davis
          Michael Harris, Sioux Falls
          Jim Wilcox, NSP
          R. H. Miller, SD Electric Utilities Co.
          Brian Meyer, SD Rural Electric Assn.
Opponents:      None
Presented by:      Senator Dick Hainje

MOTION:      DO PASS HB 1108

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


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

MOTION:      PLACE HB 1108 ON CONSENT

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

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

Proponents:      Krysti Mikkonen, Aberdeen
          Betty Morford, Hand Co. Auditor
          Senator Paul Dennert
Opponents:      None
Presented by:      Representative Alfred Waltman

MOTION:      DO PASS HB 1158

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

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

Voting no:      Madden

          HB 1137:   revise the definition of outdoor recreation purpose for political subdivisions.

Proponents:      Jim Hood, SD Municipal League
Opponents:      None
Presented by:      Representative Fischer-Clemens

MOTION:      DO PASS HB 1137

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

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

Voting no:      Dunn (Rebecca)
          HB 1070:   authorize county road districts to establish certain vehicle speed and weight restrictions and to revise certain county road district formation requirements.



PREVIOUS PENDING 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.

MOTION:      DO PASS HB 1070 AS AMENDED

Moved by:      Senator Reedy
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

          HB 1015:   revise certain election procedures for the formation of certain special districts and the election of directors, managers, or trustees.

Proponents:      Betty Morford, Hand County Auditor
Opponents:      None
Presented by:      Chris Nelson, Secretary of State's Office

MOTION:      DO PASS HB 1015

Moved by:      Senator Shoener
Second by:      Senator Madden
Action:      Prevailed by roll call vote.   (4-3-0-0)

Voting yes:      Madden, Vitter, Shoener, Ham

Voting no:      Dunn (Rebecca), Kloucek, Reedy

MOTION:      ADJOURN

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



Jean Smith

_________________________________

Committee Secretary
Arlene H. Ham, Chair

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