2018 House Bill 1092 - Printed

State of South Dakota  

345Z0187   HOUSE BILL   NO.  1092  

Introduced by:    Representatives Ahlers, Jamison, McCleerey, and Reed and Senators Langer, Cronin, Kennedy, and Peters

        FOR AN ACT ENTITLED, An Act to revise certain requirements regarding municipal annexation resolutions.
    Section 1. That § 9-4-4.1 be amended to read:
    9-4-4.1. Except as provided by § 9-4-1, before a municipality may extend its boundaries to include contiguous territory, the governing body shall conduct a study to determine the need for the contiguous territory and to identify the resources necessary to extend the municipal boundaries. At least thirty days before commencement of the study, the municipality shall send written notice of the commencement of the study and the study's purpose to each landowner of the contiguous territory via certified mail with return receipt requested.
    If it is impossible to determine with reasonable certainty the identity and address of a landowner, the notice shall be published once in a newspaper of general circulation in the area to be annexed.
    Section 2. That § 9-4-4.6 be amended to read:
    9-4-4.6. The petition shall contain the title of the resolution or the subject of the resolution

and the date of its passage. The petition shall be signed by at least five percent or two hundred fifty, whichever is less, of the registered voters residing in the combined area of the municipality and the special annexation precinct established pursuant to § 9-4-4.8. The percentage required number of signatures shall be based on the number of voters in the municipality at the last preceding general election. Each voter shall add to the voter's signature the voter's place of residence, including street and house number, if any, and the date of signing. The referendum petition shall be verified in the same manner as a petition to initiate a law except that the person verifying shall state that each person signing the petition is a resident and registered voter of the municipality or special annexation precinct. No signature on the petition is valid if signed more than six months prior to the filing of the petition.
    Section 3. That § 9-4-4.9 be amended to read:
    9-4-4.9. The referred resolution so submitted shall become becomes operative if approved by a majority of the votes cast, in the combined area of the municipality and special annexation precinct. If approved, it shall take the resolution takes effect upon completion of the canvass of the special election returns. If rejected, the municipality is prohibited from adopting another resolution of intent to extend the municipality's boundaries pursuant to § 9-4-4.2 for a period of one year.

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