77th Legislative Session _ 2002

Committee: Senate Local Government
Wednesday, January 30, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Albers
P    Diedtrich (Elmer)
P    Hagen
P    Olson (Ed)
P    Reedy
P    Vitter, Vice-Chair
P    Ham, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Arlene Ham

MOTION:     TO APPROVE THE MINUTES OF 1-26-02

Moved by:    Vitter
Second by:    Diedtrich (Elmer)
Action:    Prevailed by voice vote.

         HB 1076: revise certain membership requirements for county and municipal housing and redevelopment commissions.

Presented By:    Representative Tom Hansen
Proponents:    Yvonne Taylor, South Dakota Municipal League
         Representative Dale Hargens

MOTION:     DO PASS HB 1076

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

Voting Yes:    Albers, Diedtrich (Elmer), Hagen, Olson (Ed), Reedy, Vitter, Ham

MOTION:     PLACE HB 1076 ON CONSENT CALENDAR

Moved by:    Olson (Ed)
Second by:    Vitter
Action:    Prevailed by voice vote.

         HB 1222: provide for the compensation of librarians and library employees.


Presented By:    Representative Jim Holbeck
Proponents:    Jeanne Duchscher, City of Parker

The Chair deferred HB 1222 until Monday, February 4, 2002.

         HB 1221: revise the date for filing certain certificates of nomination and to declare an emergency.

Presented By:    Representative Dale Hargens
Opponents:    Chris Nelson, South Dakota Secretary of States Office

MOTION:     AMEND HB 1221

1221tb
     On page 3 of the House engrossed bill, delete lines 22 to 24 , inclusive.

Moved by:    Olson (Ed)
Second by:    Albers
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1221 AS AMENDED

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

Voting Yes:    Diedtrich (Elmer), Hagen, Olson (Ed), Reedy, Vitter, Ham

Voting No:    Albers

MOTION:     TO AMEND TITLE OF HB 1221

1221tta
     On page 1, line 2 of the House engrossed bill, delete " and to declare an emergency " .

Moved by:    Vitter
Second by:    Olson (Ed)
Action:    Prevailed by voice vote.

         HB 1125: adjust the salary schedule for county sheriffs.

Presented By:    Senator Jim Hutmacher
Proponents:    Representative Julie Bartling
         Dick Tieszen, South Dakota Sheriffs Association
         Mike Leidholt, Hughes County Sheriff

MOTION:     DO PASS HB 1125

Moved by:    Reedy
Second by:    Albers
Action:    Prevailed by roll call vote.(7-0-0-0)



Voting Yes:    Albers, Diedtrich (Elmer), Hagen, Olson (Ed), Reedy, Vitter, Ham

MOTION:     PLACE HB 1125 ON CONSENT CALENDAR

Moved by:    Albers
Second by:    Vitter
Action:    Prevailed by voice vote.

         SB 114: revise certain provisions relating to township meetings.

Presented By:    Senator Particia deHueck
Proponents:    Gail Brock, SDATAT

A Motion to Amend was introduced at the 1-23-02 meeting of the Senate Local Government Committee. The Motion was Moved by Senator Elmer Diedrich with a Second by Senator Albers. It was not acted on. (See minutes of 1-23-02)

MOTION:     SUBSTITUTE MOTION AMEND SB 114

114ta
     On page 1, line 9 of the printed bill, delete everything after " business " and insert " whenever the supervisors, township clerk, or any two of them if the entire board of supervisors files or if two members of the board of supervisors , together with at least".

     On page 1 , line 10, delete everything before " file " and insert "twelve other freeholders resident voters of the township,".

     On page 1 , line 11, after " township. " insert " However, special meetings may be called in a township with a population of twenty or less resident voters by the entire board of supervisors or by two members of the board of supervisors and four resident voters of the township. ".

     On page 1 , line 15, delete "no" insert " in a ".

     On page 2 , delete lines 1 and 2 and insert " population of twenty or fewer resident voters, the notice of the time and place of any special meeting need not be published more than once in any publication, shall be provided not less than three days before the special meeting, and may be provided by first class mail in lieu of publication. ".

     On page 2 , after line 2, insert:

"      Section 4. That § 8-3-19 be amended to read as follows:

     8-3-19.   In case If any township refuses or neglects to organize and elect officers at the time fixed by law for holding the annual meeting, twelve freeholders resident voters of the township may call a meeting for such purpose by notice published in the same manner as provided for the publication of notice of the annual township meeting , which . The notice shall set forth the time, place, and object of such the meeting; and the voters , when assembled by virtue of such notice , shall possess all the powers conferred upon them at the annual township meeting.

     Section 5. That § 8-3-20 be amended to read as follows:


     8-3-20.   In case If no such notice is given as provided in §   8-3-19 within thirty days after the time for holding the annual meeting, the board of county commissioners shall, on the affidavit of any freeholder resident voter of such the township, filed in the office of the county auditor setting forth the facts, proceed at any regular or special meeting of the board to appoint the necessary township officers , and the . The persons so appointed shall hold their respective offices until others are elected and qualified in their places, and shall have the powers and be subject to the same duties as if they had been duly elected. ".

Moved by:    Albers
Second by:    Hagen
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 114 AS AMENDED

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

Voting Yes:    Albers, Diedtrich (Elmer), Hagen, Olson (Ed), Reedy, Vitter, Ham

MOTION:     PLACE SB 114 ON CONSENT CALENDAR

Moved by:    Vitter
Second by:    Olson (Ed)
Action:    Failed by voice vote.

         HB 1080: revise historic preservation grants to local government entities.

Presented By:    Representative Judy Clark

MOTION:     DO PASS HB 1080

Moved by:    Olson (Ed)
Second by:    Diedtrich (Elmer)
Action:    Prevailed by roll call vote.(4-3-0-0)

Voting Yes:    Albers, Diedtrich (Elmer), Olson (Ed), Vitter

Voting No:    Hagen, Reedy, Ham

MOTION:     ADJOURN

Moved by:    Vitter
Second by:    Albers
Action:    Prevailed by voice vote.

Dawn Magee

____________________________

Committee Secretary
Arlene H. Ham, Chair


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