ENTITLED, An Act to revise certain provisions relating to drainage utility fees in municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 46A-10B-23 be amended to read as follows:
46A-10B-23. The governing body shall place all fees collected pursuant to §§ 46A-10B-20, 46A-10B-21, and 46A-10B-22 into a storm drainage fund or other fund established pursuant to § 46A-10B-28 to be used only for the purposes provided in this chapter, and reserved for the identified
drainage basin for which fees are collected. If a municipality establishes a new drainage utility
pursuant to § 9-40-1, it may transfer any funds within its control that were collected pursuant to this
chapter into a separate drainage utility fund which may only be used to pay for new drainage
improvements, maintenance of existing drainage improvements, and operation of the drainage utility.
Section 2. That chapter 9-40 be amended by adding thereto a NEW SECTION to read as follows:
A governing body that establishes a flood or drainage control utility may adopt the same fee
structure authorized for drainage basin utility districts in §§ 46A-10B-20, 46A-10B-21, and 46A-10B-22. Any fees collected pursuant to this section shall be placed in a special fund and may only
be used to pay for new drainage improvements, maintenance of existing drainage improvements, and
operation of the drainage utility. The provisions of §§ 46A-10B-24, 46A-10B-25, and 46A-10B-28
also apply to any fees collected by a municipality pursuant to this section.
An Act to revise certain provisions relating to drainage utility fees in municipalities.
I certify that the attached Act
originated in the
HOUSE as Bill No. 1107
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1107
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State