81^st Legislative Session _ 2006

Committee: Senate Local Government

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Adelstein
P    Broderick
P    Dempster
P    Kloucek
P    Two Bulls
P    Gray, Vice-Chair
P    Duniphan, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Duniphan, Chair

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 1, 2006

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

         HB 1161: provide additional methods for the formation of special zoning areas.

Presented by:    Representative Thomas Brunner
Proponents:    Senator Kenneth McNenny
        Pat McEglann, Rapid City Area Chamber of Commerce
        Kirk Chaffee, SD Assn. Of Assessing Officers
        Yvonne Taylor, SD Municipal League

MOTION:     DO PASS HB 1161

Moved by:    Adelstein
Second by:    Broderick

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Action:    Prevailed by roll call vote.(5-2-0-0)

Voting Yes:    Adelstein, Broderick, Dempster, Gray, Duniphan

Voting No:    Kloucek, Two Bulls

         HB 1077: authorize water user districts to establish and operate wastewater systems.

Presented by:    Representative Jamie Boomgarden
Proponents:    Dennis Davis, SD Assn of Rural Water Systems
        Yvonne Taylor, SD Municipal League
        Dayle Hammock, Meade County Commissioner

MOTION:     AMEND HB 1077

1077tc

     On page 5, after line 20 of the House Local Government Committee engrossed bill, insert:

"      Section 7. That chapter 46A-9 be amended by adding thereto a NEW SECTION to read as follows:

     No portion of any plant or system that is operated by a water user district for the collection, treatment, or disposal of wastewater, including sanitary sewers and sewage and sewage treatment plants and systems, may be located within a zone that extends ten miles outward from the corporate limits of any municipality without the approval of the municipality. However, if the ten-mile zones of more than one municipality overlap, the jurisdiction of each municipality over any such plant or system terminates at a boundary line equidistant from the respective corporate limits of the municipalities; and the water user district shall obtain the approval of each municipality that would have jurisdiction over any portion of the plant or system to be operated by the water user district. The restrictions provided in this section do not apply to any portion of any such plant or system if the portion was in existence on the effective date of this Act or if the portion predates any expansion by a municipality that would otherwise cause the plant or system to be in violation of this section.".

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

MOTION:     DO PASS HB 1077 AS AMENDED

Moved by:    Broderick
Second by:    Dempster

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Action:    Prevailed by roll call vote.(6-0-1-0)

Voting Yes:    Adelstein, Broderick, Dempster, Kloucek, Gray, Duniphan

Excused:    Two Bulls

MOTION:     PLACE HB 1077 ON CONSENT CALENDAR

Moved by:    Adelstein
Second by:    Dempster
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    Gray
Second by:    Adelstein
Action:    Prevailed by voice vote.

Carolyn Riter

Committee Secretary

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