77th Legislative Session _ 2002

Committee: House Local Government
Thursday, January 24, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Gillespie
P    Hansen (Tom)
P    Hargens
P    Holbeck
P    Hunhoff
P    Kloucek
P    Lintz
P    Murschel
P    Rhoden
P    Sigdestad
P    Slaughter
P    Hennies (Thomas), 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 TUESDAY, JANUARY 22, 2002

Moved by:    Rhoden
Second by:    Hargens
Action:    Prevailed by voice vote.

         HB 1125: adjust the salary schedule for county sheriffs.

Presented By:    Representative Julie Bartling, District #25 (Handout #1)
Proponents:    Dick Tieszen, SD Sheriffs Assn.

MOTION:     AMEND HB 1125



1125fa
     On page 2, line 1 of the printed bill, overstrike " the term " and insert " consecutive terms ".

     On page 2 , line 17, overstrike " the term " and insert " consecutive terms ".

Moved by:    Hargens
Second by:    Hennies (Thomas)
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1125 AS AMENDED

Moved by:    Hennies (Thomas)
Second by:    Slaughter
Action:    Prevailed by roll call vote.(9-3-1-0)

Voting Yes:    Gillespie, Hansen (Tom), Hunhoff, Kloucek, Murschel, Sigdestad, Slaughter, Hennies (Thomas), Duniphan

Voting No:    Hargens, Lintz, Rhoden

Excused:    Holbeck

         HB 1171: adjust the salary schedule for the office of state's attorney.

Presented By:    Representative Julie Bartling, District #25
Proponents:    Chuck Schroyer, SD States Attorneys Assn. (Handout #2)
Opponents:    Lloyd Lutter, Buffalo County Commissioner

MOTION:     AMEND HB 1171

1171fa
     On page 2, line 3 of the printed bill, delete " Below 5,000 " and insert " 2,500 - 4,999 ".

     On page 3 , line 6, delete " Below 5,000 " and insert " 2,500 - 4,999 ".

Moved by:    Hargens
Second by:    Gillespie
Action:    Failed by roll call vote.(6-7-0-0)


Voting Yes:    Gillespie, Hansen (Tom), Hargens, Holbeck, Sigdestad, Slaughter

Voting No:    Hunhoff, Kloucek, Lintz, Murschel, Rhoden, Hennies (Thomas), Duniphan

MOTION:     DEFER HB 1171 TO THE 36TH LEGISLATIVE DAY

Moved by:    Rhoden
Second by:    Hargens
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1171 UNTIL TUESDAY, JANUARY 29, 2002

Moved by:    Hennies (Thomas)
Second by:    Hunhoff
Action:    Prevailed by roll call vote.(8-5-0-0)

Voting Yes:    Holbeck, Hunhoff, Kloucek, Murschel, Sigdestad, Slaughter, Hennies (Thomas), Duniphan

Voting No:    Gillespie, Hansen (Tom), Hargens, Lintz, Rhoden

         HB 1238: require a pre-election campaign financing statement of candidates for legislative office.

Presented By:    Representative B. J. Nesselhuf, District #17

MOTION:     DO PASS HB 1238

Moved by:    Hargens
Second by:    Holbeck
Action:    Prevailed by roll call vote.(8-4-1-0)

Voting Yes:    Gillespie, Hansen (Tom), Hargens, Holbeck, Hunhoff, Murschel, Sigdestad, Slaughter

Voting No:    Lintz, Rhoden, Hennies (Thomas), Duniphan

Excused:    Kloucek

         HB 1179: permit a county to file a lien against the property of the parents for payment of temporary care, temporary custody, shelter, or detention provided to a

child.

Presented By:    Representative Jeff Monroe, District #24
Proponents:    Rich Sattgast, SDCO
Opponents:    Susan Randall, SD Coalition for Children

MOTION:     AMEND HB 1179

1179ja
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 26-7A be amended by adding thereto a NEW SECTION to read as follows:

     If a county pays custodial care costs under the provisions of §  26-7A-94, the county shall have a lien against the property, both real and personal, of the parents, jointly or severally, of the child placed in care.

     Immediately upon payment of the costs, a statement of claim showing the name and residence of the child's parents shall be filed by the county auditor in the office of the register of deeds in the county or counties where the child's parents reside. A certified copy of the lien may be filed in any other county in which the child's parents may have or may acquire an interest in real or personal property. The lien is enforceable until satisfied or compromised.

     Section 2. That chapter 26-7A be amended by adding thereto a NEW SECTION to read as follows:

     The board of county commissioners of the county filing the lien may enforce, foreclose, satisfy, compromise, settle, subordinate, release, or otherwise dispose of the lien.

     Section 3. That chapter 26-7A be amended by adding thereto a NEW SECTION to read as follows:

     If, in the record of a lien made under the provisions of this chapter, the name of the person or persons for whose benefit any payment was made, or the name of a person or persons against whose property a lien may appear to have been created, is shown or stated to have been made by mistake or incorrectly or in such manner as not to identify easily the owner or owners of property, or the amount of such lien is incorrectly stated or recorded, any person whose interests are adversely affected thereby may apply to the board of county commissioners for correction of the record to conform to the facts. The board may grant the relief sought and direct the correction of the record accordingly."


Moved by:    Hansen (Tom)
Second by:    Hennies (Thomas)
Action:    Failed by voice vote.

MOTION:     DEFER HB 1179 TO THE 36TH LEGISLATIVE DAY

Moved by:    Hargens
Second by:    Rhoden
Action:    Prevailed by roll call vote.(9-3-1-0)

Voting Yes:    Gillespie, Hargens, Holbeck, Hunhoff, Lintz, Murschel, Rhoden, Slaughter, Hennies (Thomas)

Voting No:    Hansen (Tom), Sigdestad, Duniphan

Excused:    Kloucek

         HB 1240: revise certain provisions relating to the Statewide One-Call Notification Board, to create enforcement authority for the board, and to provide for certain penalties and fines.

Presented By:    Representative Larry Frost, District #3
Proponents:    Larry Englerth, SD One Call Notification Board

The Chair deferred HB 1240 until Tuesday, January 29, 2002.

MOTION:     ADJOURN

Moved by:    Hargens
Second by:    Murschel
Action:    Prevailed by voice vote.

Lois Henry

____________________________

Committee Secretary
J.P. Duniphan, Chair


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