77th Legislative Session _ 2002

Committee: House Local Government
Tuesday, January 29, 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 THURSDAY, JANUARY 24, 2002

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

          HB 1234: clarify that certain political contributions to ballot question committees from association dues and funds are permitted.

Presented By:    Representative Phyllis Heineman, District #13
Proponents:    David Owen, SD Chamber of Commerce and Industry
        Ron Olinger, SD Retailers

        Chris Nelson, with the Secretary of States Office
        Greg Dean, SDTelecommunications Assn.

MOTION:     AMEND HB 1234

1234te
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 12-25-2 be amended to read as follows:

     12-25-2.   No candidate, candidate's committee, political action committee, or political party committee may receive any contribution except from an individual, political action committee, or a political party. No corporation may contribute or attempt to contribute any valuable consideration to any candidate, committee, or political party except a ballot question committee. No association may contribute or attempt to contribute any valuable consideration to any candidate, committee, or political party except a ballot question committee.

     Associations may contribute any valuable consideration out of funds contributed create political action committees which may accept contributions from individuals for the purpose of making political contributions but may not make contributions out of dues or treasury funds .
     A violation of this section is a Class 2 misdemeanor.

     Section 2. That § 12-25-1 be amended by adding thereto a NEW SUBDIVISION to read as follows:

     "Association," a group that has been expressly organized to satisfy the common intents and purposes of its members.".

Moved by:    Hansen (Tom)
Second by:    Rhoden
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1234 AS AMENDED

Moved by:    Holbeck
Second by:    Hargens
Action:    Prevailed by roll call vote.(13-0-0-0)

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

 MOTION:     PLACE HB 1234 ON CONSENT CALENDAR


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

          HB 1176: revise the time permitted to qualify for a municipally elected office.

Presented By:    Representative Jean Hunhoff, District #18
Proponents:    Chad Heinrich, SD Municipal League

MOTION:     DO PASS HB 1176

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

MOTION:     SUBSTITUTE MOTION AMEND HB 1176

1176fa
     On page 2, line 1 of the printed bill, delete " first " .

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

 MOTION:     DO PASS HB 1176 AS AMENDED

Moved by:    Rhoden
Second by:    Gillespie
Action:    Prevailed by roll call vote.(13-0-0-0)

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

 MOTION:     PLACE HB 1176 ON CONSENT CALENDAR

Moved by:    Holbeck
Second by:    Slaughter
Action:    Prevailed by voice vote.

          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:    Dave Gerdes, SD Electric Utilities
        Larry Englerth, SD One Call
        Jim Keyes, AGC of SD
        Otto Doll, SD Communications
        Dennis Davis, SD Rural Water Systems
        Greg Dean, SD Telephone Coop.

MOTION:     AMEND HB 1240

1240ra
     On page 9, line 9 of the printed bill, after " hearing. " insert "The hearing shall be conducted before the board as a contested case under chapter 1-26. Following the hearing, the board shall either render a decision dismissing the complaint for insufficient evidence or shall impose a penalty pursuant to the provisions of section 12 or 13 of this Act.".

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

 MOTION:     AMEND HB 1240

1240fa
     On page 4, line 15 of the printed bill, before " Excavators " insert " The board shall promulgate rules, pursuant to chapter 1-26, to establish the response time for operators to mark the underground facilities. The response time shall be no later than forty-eight hours after the receipt of the notice, excluding Saturdays, Sundays, and legal holidays of the state or the excavation start time provided by the excavator, whichever is later. The response time may be less than forty-eight hours for emergency or subsequent inquiries to the original locate request and may be longer than forty-eight hours for non-excavation requests. ".

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

 MOTION:     DO PASS HB 1240 AS AMENDED

Moved by:    Hennies (Thomas)

Second by:    Slaughter
Action:    Prevailed by roll call vote.(13-0-0-0)

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

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

Presented By:    Chuck Schroyer, SD States Attorneys Assn. (Handout #1)

MOTION:     AMEND HB 1171

1171fb
     On page 3, after line 20 of the printed bill, insert:

"
     Section 5. Notwithstanding the provisions of §  7-7-12, in any county of less than two thousand one hundred population the board of county commissioners may designate that the state's attorney position not be elected at the next election. The decision by the board of county 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. The board of county commissioners shall contract for such legal services and negotiate the compensation therefor on terms and conditions determined by the board of county commissioners.".


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

 MOTION:     SUBSTITUTE MOTION DO PASS HB 1171

Moved by:    Hennies (Thomas)
Second by:    Hunhoff
Action:    Failed by roll call vote.(6-7-0-0)

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

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

 MOTION:     AMEND HB 1171

1171fb
     On page 3, after line 20 of the printed bill, insert:

"
     Section 5. Notwithstanding the provisions of §  7-7-12, in any county of less than two thousand one hundred population the board of county commissioners may designate that the state's attorney position not be elected at the next election. The decision by the board of county 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. The board of county commissioners shall contract for such legal services and negotiate the compensation therefor on terms and conditions determined by the board of county commissioners.".


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

Voting Yes:    Hargens, Holbeck, Kloucek, Lintz, Rhoden, Sigdestad

Voting No:    Gillespie, Hansen (Tom), Hunhoff, Murschel, Slaughter, Hennies (Thomas), Duniphan

 MOTION:     DEFER HB 1171 TO THE 36TH LEGISLATIVE DAY

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

Voting Yes:    Gillespie, Hansen (Tom), Hargens, Lintz, Rhoden, Sigdestad

Voting No:    Holbeck, Hunhoff, Kloucek, Murschel, Slaughter, Hennies (Thomas), Duniphan

 MOTION:     WITHOUT RECOMMENDATION

Moved by:    Hennies (Thomas)
Second by:    Slaughter
Action:    Prevailed by roll call vote.(10-3-0-0)

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

Voting No:    Gillespie, Hansen (Tom), Hargens

MOTION:     ADJOURN

Moved by:    Kloucek
Second by:    Lintz
Action:    Prevailed by voice vote.

Lois Henry

____________________________

Committee Secretary
J.P. Duniphan, Chair

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