P - Present
E - Excused
A - Absent
Roll Call
P Brunner
P Craig
P Greenfield (Lana)
P Hawks
P Heinemann (Leslie)
P Marty
P Qualm
P Rozum
P Schoenfish
P Soli
P Tulson
P Otten (Herman), Vice-Chair
P Conzet, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Kristin Conzet.
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 4, 2016 MEETING
Moved by: Hawks
Second by: Rozum
Action: Prevailed by voice vote.
HB 1108: revise certain municipal special assessment provisions and to provide for exclusion
of territory from municipalities.
Presented by: Representative Rozum
Proponents: Yvonne Taylor, SD Municipal League
" Section 1. That § 9-3-1 be amended to read:
9-3-1. No municipality shall be incorporated which contains less than one hundred legal residents
or less than thirty voters. A municipality may not be incorporated unless it contains as least one
hundred legal residents and at least forty-five registered voters. For the purposes of this section, a
person is a legal resident in the proposed municipality if the person actually lives in the proposed
municipality for at least ninety days or is an active duty member of the armed forces whose home
of record is within the proposed municipality.
Section 2. That § 9-3-1.1 be amended to read:
9-3-1.1. No A municipality may not be incorporated if any part of such proposed municipality
lies within three miles of any point on the perimeter of the corporate limits of any incorporated
municipality, unless the incorporated municipality refuses or fails to annex a territory which is
contiguous to said incorporated municipality, and said contiguous territory has properly petitioned
said municipality to be annexed thereto, as provided by § 9-4-1. However, a proposed municipality
may be incorporated that is within three miles of an incorporated municipality if the territory to be
incorporated is in a different county and has a post office prior to incorporation.
Section 3. That § 9-3-2 be amended to read:
9-3-2. Persons making application for the organization of a proposed municipality shall first
cause an accurate survey and map to be made of the territory intended to be embraced within the
limits of such the proposed municipality showing the boundaries and area thereof and the accuracy
of which shall be verified by the affidavit of the surveyor.
Section 4. That § 9-3-3 be amended to read:
9-3-3. Any person making application for the organization of a proposed municipality shall cause
an accurate census to be taken of the landowners and the legal resident population of the proposed
municipality not more than thirty days previous to the time of presenting the application to the board
of county commissioners. The census shall exhibit the name of each landowner and person legal
resident residing in the proposed municipality and the number of persons belonging to each family
as of a certain date. The census shall be verified by the affidavit of the person taking the census.
Section 5. That § 9-3-4 be amended to read:
Section 6. That § 9-3-5 be amended to read:
9-3-5. The application for incorporation of a proposed municipality shall be by a petition verified
by the circulator and signed by not less than twenty-five percent of the qualified voters who are either
registered voters in the proposed municipality or landowners in the proposed municipality who are
also registered voters of this state. The application shall identify the type of government to be
formed, the number of trustees, commissioners, or wards in the proposed municipality, the
boundaries and area according to the survey, and the legal resident population according to the
census taken. The application shall be presented at the time indicated in the notice of the application
or as soon thereafter as the board of county commissioners can receive and consider the application. "
THE CHAIR DEFERRED HB 1127 UNTIL THURSDAY, FEBRUARY 11, 2016
HB 1131: direct certain vehicle registration fees to counties with unorganized territory.
THE CHAIR DEFERRED HB 1131 UNTIL THURSDAY, FEBRUARY 11, 2016
MOTION: ADJOURN
Moved by: Hawks
Shirley Ellwein