163ta

___________________ moved that SB 163 be amended as follows:

     On page 3, line 9 of the printed bill, after " development " insert "that occurs in accordance with the provisions of sections 21 to 24, inclusive, of Article XVII of the South Dakota Constitution".

     On page 3 , delete lines 13 to 15 , inclusive.

     On page 3 , delete line 16 , and insert:

"

             (4)    Environmental regulation, including odor control, is primarily a function of federal, state, and local governments;".

     On page 3 , line 17, delete " (6) " and insert "(5)".

     On page 3 , line 20, delete " (7) " and insert "(6)".

     On page 4 , after line 6, insert:

"
     Section  1.  That § 11-2-59 be amended to read as follows:

     11-2-59.   The concurring vote of two-thirds of the members of the board of adjustment is necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation or conditional use in the ordinance. No decision of the board of adjustment may take effect unless approved by the board of county commissioners. ".