75th Legislative Session -- 2000
Committee: House Local Government
Tuesday, February 8, 2000
P - Present
E - Excused
A - Absent
Roll Call
P
Chicoine
E
Crisp
P
Engbrecht
P
Fryslie
P
Hagen
P
Lintz
P
Monroe
E
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 Chair Duniphan
MOTION:
TO APPROVE THE MINUTES OF February 3, 2000
Moved by:
Representative Chicoine
Second by:
Representative Waltman
Action:
Prevailed by voice vote.
MOTION:
RECONSIDER HB 1191 AND HEAR IMMEDIATELY
Moved by:
Representative Waltman
Second by:
Representative Young
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Chicoine, Engbrecht, Fryslie, Hagen, Lintz, Monroe, Waltman, Weber, Young,
Munson (Donald), Duniphan
Excused:
Crisp, Solum
HB 1191:
revise the number of temporary on-sale licenses that may be issued by
municipalities.
Presented by:
Representative Earley
Proponents:
Matt Swalley, Ogden Ent.
MOTION:
AMEND HB 1191
1191fe
Delete the previously adopted amendment (1191fb).
On page
1
,
line
6 of the printed bill
,
remove the overstrikes from "
Such license shall
"
.
On page
1
,
remove the overstrikes from line
7
.
On page
1
,
line
7
,
delete "
The
"
and insert "
In addition, any municipality with a population
exceeding one hundred thousand may issue an on-sale license to be operated at a sporting event held
at a publicly owned sports arena or facility that seats a minimum of one thousand persons.
"
.
On page
1
,
delete lines
8
and 9
, inclusive
.
On page
1
,
line
10
,
delete "
license may be issued. However, the number of licensed issued per
day may not exceed six.
"
.
Moved by:
Representative Young
Second by:
Representative Monroe
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1191 AS AMENDED
Moved by:
Representative Engbrecht
Second by:
Representative Young
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Chicoine, Engbrecht, Fryslie, Hagen, Lintz, Monroe, Waltman, Weber, Young,
Munson (Donald), Duniphan
Excused:
Crisp, Solum
HB 1233:
adjust the salary schedule for county officials.
Presented by:
Representative Klaudt
Proponents:
Adelle Enright, Dewey Co. Auditor
Jo Vilhauer, Corson Co. Auditor (handout # 1)
Pat Holdren, Faulk Co. Auditor
Patty McGee, Sully Co. Auditor
Jean Tehle, Dewey Co. Registr of Deeds
Rick Sattgast, SDACO
Chuck Schroyer, SDSA (handout # 2)
MOTION:
AMEND HB 1233
1233fa
On page
2
,
after line
1 of the printed bill
,
insert:
"
Section 2. That
§
7-7-12
be amended to read as follows:
7-7-12.
The state's attorney shall receive a salary established by each board of county
commissioners, by resolution, but may not be less than the following: Upon the first four thousand
of population, or less, the sum of
twenty-one thousand two hundred forty-one
twenty-five thousand
five hundred
dollars per year, and
four hundred seventy-one
five hundred sixty-five
dollars for each
additional one thousand population or fraction thereof up to and including twenty-two thousand
population; in counties over twenty-two thousand population but less than thirty-five thousand
population the sum of
thirty thousand two hundred thirty-five
thirty-six thousand two hundred eighty
dollars per year; in counties of thirty-five thousand population or more the sum of
thirty-one
thousand two hundred twenty-seven
thirty-seven thousand four hundred seventy
dollars per year;
in counties of over fifty thousand population where a full-time state's attorney is required or in
counties where the commissioners designate the position full-time the sum of
forty-nine thousand
four hundred thirty-four
fifty-nine thousand three hundred twenty
dollars per year. In counties of less
than fifty thousand population the commissioners may designate the position full-time. The decision
by the commissioners shall be adopted prior to the first day of January in the year of the election and
may not be amended for that term of office. However, if no state's attorney is elected to the office
at any general election, the board of county commissioners may contract for such legal services and
negotiate the compensation therefor on terms and conditions determined by the board of county
commissioners. The board of county commissioners may not decrease the salary of the state's
attorney during the term of office of the state's attorney.
Section 3. This Act is effective on January 1, 2000, and the provisions of
§
6-15-1 do not apply
to this Act.
"
Moved by:
Representative Chicoine
Second by:
Representative Hagen
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1233 AS AMENDED
Moved by:
Representative Monroe
Second by:
Representative Engbrecht
Action:
Failed by roll call vote.
(4-7-2-0)
Voting yes:
Engbrecht, Fryslie, Monroe, Duniphan
Voting no:
Chicoine, Hagen, Lintz, Waltman, Weber, Young, Munson (Donald)
Excused:
Crisp, Solum
MOTION:
WITHOUT RECOMMENDATION
Moved by:
Representative Monroe
Second by:
Representative Engbrecht
Action:
Failed by roll call vote.
(5-6-2-0)
Voting yes:
Engbrecht, Fryslie, Lintz, Monroe, Duniphan
Voting no:
Chicoine, Hagen, Waltman, Weber, Young, Munson (Donald)
Excused:
Crisp, Solum
MOTION:
SUBSTITUTE MOTION DEFER HB 1233 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Weber
Second by:
Representative Munson (Donald)
Action:
Failed by roll call vote.
(6-5-2-0)
Voting yes:
Chicoine, Hagen, Waltman, Weber, Young, Munson (Donald)
Voting no:
Engbrecht, Fryslie, Lintz, Monroe, Duniphan
Excused:
Crisp, Solum
MOTION:
DO NOT PASS HB 1233 AS AMENDED
Moved by:
Representative Monroe
Second by:
Representative Young
Action:
Prevailed by roll call vote.
(8-3-2-0)
Voting yes:
Chicoine, Engbrecht, Fryslie, Hagen, Lintz, Monroe, Young, Duniphan
Voting no:
Waltman, Weber, Munson (Donald)
Excused:
Crisp, Solum
HB 1235:
restrict the use of public property for political purposes.
Presented by:
Representative Young
Opponents:
Lana Lewis, SDEA
Jim Shekleton, Board Of Regents
MOTION:
AMEND HB 1235
1235sd
On the printed bill,
delete everything after the enacting clause and insert:
"
Section
1.
That chapter 12-25 be amended by adding thereto a NEW SECTION to read as
follows:
No public employer may allow the use of public property, equipment, facilities, or resources
for express advocacy by a ballot question committee, candidate, candidate's committee, political
action committee, or political party committee or any committee. A public employer is the state, any
local government, government agency, government instrumentality, special district, joint powers
authority, school board, or special purpose organization that employs one or more persons.
"
Moved by:
Representative Chicoine
Second by:
Representative Waltman
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1235 AS AMENDED
Moved by:
Representative Monroe
Second by:
Representative Engbrecht
Action:
Prevailed by roll call vote.
(7-4-2-0)
Voting yes:
Engbrecht, Fryslie, Lintz, Monroe, Weber, Young, Duniphan
Voting no:
Chicoine, Hagen, Waltman, Munson (Donald)
Excused:
Crisp, Solum
MOTION:
SUBSTITUTE MOTION DEFER HB 1235 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Waltman
Second by:
Representative Chicoine
Action:
Failed by roll call vote.
(4-7-2-0)
Voting yes:
Chicoine, Hagen, Waltman, Munson (Donald)
Voting no:
Engbrecht, Fryslie, Lintz, Monroe, Weber, Young, Duniphan
Excused:
Crisp, Solum
HB 1170:
revise certain provisions relating to the care of abandoned rural
cemeteries.
Refer to the minutes of January 27th.
MOTION:
DEFER HB 1170 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Hagen
Second by:
Representative Munson (Donald)
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Chicoine, Engbrecht, Fryslie, Hagen, Lintz, Monroe, Solum, Waltman, Weber,
Young, Munson (Donald), Duniphan
Excused:
Crisp
HB 1247:
revise certain provisions pertaining to ambulance districts.
Presented by:
Representative Burg
Proponents:
Dick Howard, SDACC
Opponents:
Dave Hewett, SDAHO
MOTION:
AMEND HB 1247
1247fa
On page
2
,
delete lines
7
to
11 of the printed bill
, inclusive
.
On page
3
,
delete lines
1
to
6
, inclusive
.
Moved by:
Representative Waltman
Second by:
Representative Munson (Donald)
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1247 AS AMENDED
Moved by:
Representative Waltman
Second by:
Representative Hagen
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Chicoine, Engbrecht, Fryslie, Hagen, Lintz, Monroe, Waltman, Weber, Young,
Munson (Donald), Duniphan
Excused:
Crisp, Solum
HB 1262:
establish a certain distance from a municipality's corporate limits in
which the municipality has planning and zoning authority.
Presented by:
Representative McNenny
Proponents:
Paul Nabholz, self
Gayl Brock, SDATT
Marie Ingalls, SD Farm Bureau
Yvonne Vik, SD Municipal League
Rex Higg, City Attorney, Box Elder
Wm. Maher, Mayor, Box Elder
Spike Hazelrigg, self, (Handout #3)
Wm. Anderson, self
Stan Scheyrer, self
Jim Hood SD Municipal
Dick Howard, SDACC
MOTION:
DEFER HB 1262 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Engbrecht
Second by:
Representative Hagen
Action:
Prevailed by roll call vote.
(8-3-2-0)
Voting yes:
Chicoine, Engbrecht, Fryslie, Hagen, Waltman, Young, Munson (Donald),
Duniphan
Voting no:
Lintz, Monroe, Weber
Excused:
Crisp, Solum
HB 1010:
revise certain procedures for the formation and adjustment of boundaries
of certain special districts.
See Minutes of January l8th
MOTION:
AMEND HB 1010
1010fb
On page
1
,
delete lines
4
to
15 of the printed bill
, inclusive
.
On page
2
,
line
3
,
overstrike "
landowners within the proposed district who are also
"
.
On page
2
,
line
3
,
after "
within the
"
insert "
proposed
"
.
On page
2
,
line
5
,
overstrike "
landowners within
"
.
On page
2
,
line
6
,
overstrike "
the proposed district who are also
"
.
On page
2
,
delete line
10
,
and insert "
petition
requirements are based solely on
shall be signed
by at least twenty-five percent of the
landowners.
"
On page
2
,
line
19
,
overstrike "
is a landowner in the proposed district and
"
.
On page
2
,
line
19
,
after "
vote
"
insert "
and resides
"
.
On page
2
,
line
25
,
after "
landowners.
"
insert "
For the purpose of this section, a person resides
in a proposed district if the person actually lives in the proposed district for at least thirty days in the
last year.
"
.
On page
4
,
line
7
,
after "
shall
"
insert "
and be a registered voter in the proposed district
"
.
On page
5
,
after line
15
,
insert:
"
Section 11. That
§
6-16-7
be amended to read as follows:
6-16-7.
If there is a conflict regarding who has a right to vote in the election pursuant to
§
§
6-16-4 to 6-16-6, the judges of election shall settle the conflict by referring to the official records
of the
register of deeds and
county auditor in each county where these official records are held.
"
Moved by:
Representative Weber
Second by:
Representative Waltman
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1010 AS AMENDED
Moved by:
Representative Weber
Second by:
Representative Young
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Chicoine, Engbrecht, Fryslie, Hagen, Lintz, Monroe, Waltman, Weber, Young,
Munson (Donald), Duniphan
Excused:
Crisp, Solum
HB 1256:
revise the time for assigning commissioner responsibilities in
municipalities operating under the commissioner form of government.
Presented by:
Yvonne Vik
Proponents:
Yvonne Vik, SD Municiple League
MOTION:
DO PASS HB 1256
Moved by:
Representative Waltman
Second by:
Representative Weber
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Chicoine, Engbrecht, Fryslie, Hagen, Lintz, Monroe, Waltman, Weber, Young,
Munson (Donald), Duniphan
Excused:
Crisp, Solum
MOTION:
PLACE HB 1256 ON CONSENT
Moved by:
Representative Waltman
Second by:
Representative Monroe
Action:
Prevailed by voice vote.
HB 1202:
provide a procedure for vehicle traffic when the traffic control lights are
malfunctioning or inoperable.
Presented by:
Representative Duniphan
MOTION:
DO PASS HB 1202
Moved by:
Representative Munson (Donald)
Second by:
Representative Young
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Chicoine, Engbrecht, Fryslie, Hagen, Lintz, Monroe, Waltman, Weber, Young,
Munson (Donald), Duniphan
Excused:
Crisp, Solum
MOTION:
ADJOURN
Moved by:
Representative Engbrecht
Second by:
Representative Monroe
Action:
Prevailed by voice vote.
Lois Henry
_________________________________
Committee Secretary
J.P. Duniphan, Chair
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