92^nd Legislative Session _ 2017

Committee: House Local Government

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Greenfield (Lana)
P    Jamison
P    Kettwig
P    Marty
E    Otten (Herman)
P    Reed
P    Schoenfish
P    Smith
P    Soli
P    Turbiville
P    York
P    Tulson, Vice-Chair
P    Conzet, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Kristin A. Conzet, Chair.

MOTION:    TO APPROVE THE MINUTES OF TUESDAY, FEBRUARY 14, 2017

Moved by:    Tulson
Second by:    Turbiville
Action:    Prevailed by voice vote.

    HB 1187: revise the process by which courts consider appeals of decisions regarding conditional use requests.

Presented by:    Representative Kettwig
Proponents:    Roger Tellinghuisen, South Dakota Association of County Commissioners
Opponents:    Kathy Tyler, Self (Handouts: #1, #2)

---

        Kristi Mogen, Self
        Rebecca Terk, Dakota Rural Action

MOTION:    AMEND HB 1187

1187fa

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

"    Section 1. That chapter 11-2 be amended by adding a NEW SECTION to read:

    Any appeal of a decision relating to the grant or denial of a conditional use permit shall be brought under a petition, duly verified, for a writ of certiorari directed to the approving authority and, notwithstanding any provision of law to the contrary, shall be determined under a writ of certiorari standard regardless of the form of the approving authority. The court shall give deference to the decision of the approving authority in interpreting its ordinances.

    Section 2. That chapter 11-4 be amended by adding a NEW SECTION to read:

    Any appeal of a decision relating to the grant or denial of a conditional use permit shall be brought under a petition, duly verified, for a writ of certiorari directed to the approving authority and, notwithstanding any provision of law to the contrary, shall be determined under a writ of certiorari standard regardless of the form of the approving authority. The court shall give deference to the decision of the approving authority in interpreting its ordinances.

    Section 3. That § 7-8-30 be amended to read:

    7-8-30. Such An appeal and transcript,if one exists, shall be filed by the auditor by the first day of the next term of circuit court, as soon as practicable and shall stand for trial at such term as soon as possible.

    All appeals thus Each appeal taken to the circuit court shall be docketed as other causes pending therein and the same in circuit court. Each cause shall be heard and determined de novo, except any appeal relating to a conditional use permit determination. An appeal relating to a conditional use permit determination shall be heard and determined pursuant to section 1 of this Act.

    Section 4. That chapter 9-1 be amended by adding a NEW SECTION to read:

    An appeal and transcript, if one exists, shall be filed by the finance officer as soon as practicable and shall stand for trial as soon as possible.

    Each appeal taken to the circuit court shall be docketed as other causes pending in circuit court.

Each cause shall be heard and determined de novo, except any appeal relating to a conditional use permit determination. An appeal relating to a conditional use permit determination shall be heard and determined pursuant to section 2 of this Act."

Moved by:    Jamison
Second by:    Tulson
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1187 AS AMENDED

Moved by:    Jamison
Second by:    Tulson
Action:    Prevailed by roll call vote. (10-2-1-0)

Voting Yes:    Greenfield (Lana), Jamison, Kettwig, Marty, Reed, Schoenfish, Turbiville, York, Tulson, Conzet

Voting No:    Smith, Soli

Excused:    Otten (Herman)

    HB 1185: revise certain provisions concerning recreational facilities provided by municipalities.

Presented by:    Representative Qualm
Proponents:    Yvonne Taylor, SD Municipal League
        Shawn Lyons, South Dakota Retailers Association
        Lorin Pankratz, Visitor Industry Alliance
Opponents:    Elaine Zobel, South Dakota Campground Owners Association (Handouts: #3)
        Ray Zobel, South Dakota Campground Owners Association
        Mary Arlington, Self

MOTION:    AMEND HB 1185

1185ca

    On page 2, line 3, of the printed bill, after "state" insert "which were in existence prior to January 1, 2017".

---

Moved by:    Reed
Second by:    Greenfield (Lana)
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1185 AS AMENDED

Moved by:    Turbiville
Second by:    Reed
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Greenfield (Lana), Jamison, Kettwig, Marty, Reed, Schoenfish, Smith, Soli, Turbiville, York, Tulson, Conzet

Excused:    Otten (Herman)

    HB 1151: repeal certain index factors regarding the taxation of real property.

Presented by:    Representative Goodwin
Proponents:    Tonchi Weaver, South Dakota Citizens for Liberty, Inc.
        George Ferebee, Self
        Florence Thompson, Self
Opponents:    Yvonne Taylor, SD Municipal League
        Eric Erickson, South Dakota Association of County Commissioners

MOTION:    DEFER HB 1151 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Turbiville
Second by:    Smith
Action:    Prevailed by roll call vote. (10-2-1-0)

Voting Yes:    Jamison, Kettwig, Reed, Schoenfish, Smith, Soli, Turbiville, York, Tulson, Conzet

Voting No:    Greenfield (Lana), Marty

Excused:    Otten (Herman)

---

MOTION:    ADJOURN

Moved by:    Smith
Second by:    Tulson
Action:    Prevailed by voice vote.

Shirley Ellwein

Committee Secretary          Burt Tulson, Vice-Chair

---

../02161000.HLO