75th Legislative Session -- 2000

Committee: Senate Local Government

                                            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 Chair Ham

MOTION:      TO APPROVE THE MINUTES OF January 26, 2000

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

          HB 1118:   require candidates for county commissioner to be residents of the district when signing the declaration of candidacy.

Presented by:      Representative Napoli

MOTION:      DO PASS HB 1118

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

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

Excused:      Dunn (Rebecca)

MOTION:      PLACE HB 1118 ON CONSENT

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

          HB 1009:   redefine what marks are prohibited on a ballot and to require the county auditor to provide certain directions in conducting a recount.

Presented by:      Chris Nelson, Office of Secretary of State

MOTION:      DO PASS HB 1009

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

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

Excused:      Dunn (Rebecca)

MOTION:      PLACE HB 1009 ON CONSENT

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

          HB 1074:   revise municipal special assessment provisions.

Presented by:      Representative Young, Prime Sponsor
Proponents:      Yvonne Vik, SD Municipal League

MOTION:      AMEND HB 1074

1074ta

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

"      The State of South Dakota is exempt from the provisions of this section but may, pursuant to § §  9-45-30 to 9-45-32, inclusive, be assessed for its apportioned share of the actual cost of any work under this section at the time the work is done. "

     On page 2 , after line 7 , insert:

"      The State of South Dakota is exempt from the provisions of this section but may, pursuant to § §  9-45-30 to 9-45-32, inclusive, be assessed for its apportioned share of the actual cost of any work under this section at the time the work is done. "

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     On page 2 , after line 21 , insert:

"      The State of South Dakota is exempt from the provisions of this section but may, pursuant to § §  9-45-30 to 9-45-32, inclusive, be assessed for its apportioned share of the actual cost of any work under this section at the time the work is done. "

     On page 3 , after line 11 , insert:

"      The State of South Dakota is exempt from the provisions of this section but may, pursuant to § §  9-45-30 to 9-45-32, inclusive, be assessed for its apportioned share of the actual cost of any work under this section at the time the work is done. "

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

MOTION:      DO PASS HB 1074 AS AMENDED

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

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

Excused:      Dunn (Rebecca)

          HB 1054:   revise certain provisions related to expenses and compensation of water development district board members.

Presented by:      Representative Brown, Prime Sponsor
Proponents:      Pat Cerny, South Central Water Development District
          Darrell Raschke, Manager, James River Water Development District

MOTION:      DO PASS HB 1054

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

MOTION:      PLACE HB 1054 ON CONSENT

Moved by:      Senator Shoener

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

          SB 166:   revise expenditures from cemetery perpetual care funds.

Presented by:      Senator Benson

MOTION:      TO TABLE SB 166

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

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

          HB 1086:   revise the type of machinery that may be purchased for maintaining municipal cemeteries.

Presented by:      Representative Duniphan
Proponents:      Senator Benson
          Yvonne Vik, SD Municipal League
          Kelly McCollam, Mayor of Winner

MOTION:      AMEND HB 1086

1086fb

     On page 1 , delete lines 5 to 12 of the printed bill , inclusive , and insert:

     "      9-32-20.1.   If a municipality finds it necessary to acquire heavy machinery to maintain the cemetery and to open and close graves, Any municipality may expend a portion of the perpetual care trust fund may be used under the following conditions: if the trust fund is in the amount of fifty thousand dollars or more, and the governing board deems it necessary to purchase heavy machinery for the proper interment of the deceased, one thousand dollars for each five thousand dollars to maintain the cemetery. However, only amounts in excess of fifty thousand dollars may be expended to purchase heavy machinery and used for cemetery uses purposes only. The expenditure of perpetual care trust funds as provided for in this section may only be used once in a seven-year period For expenditures in excess of five thousand dollars, notice of hearing shall be published twice, with the second notice not less than ten days in advance of the hearing . ".

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

MOTION:      DO PASS HB 1086 AS AMENDED

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

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

MOTION:      TO AMEND TITLE OF HB 1086

1086tta

     On page 1 , line 1 of the printed bill , delete everything after " revise " and insert " certain provisions related to the care and maintenance of municipal cemeteries. " .

     On page 1 , delete line 2 .

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

MOTION:      PLACE HB 1086 ON CONSENT

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

          SB 134:   establish an ombudsman to represent property owners in proceedings involving property assessments.

Presented by:      Senator Kloucek
Opponents:      Paul Kinsman, Bureau of Administration
          Jack Magee, Department of Revenue

MOTION:      DO PASS SB 134 AS AMENDED

Moved by:      Senator Kloucek
Second by:      Senator Reedy
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION TO TABLE SB 134

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

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Voting yes:      Madden, Vitter, Shoener, Ham

Voting no:      Dunn (Rebecca), Kloucek, Reedy

MOTION:      ADJOURN

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

Fran Berendes

Committee Secretary