SB 12 to establish a uniform procedure for creating...
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State of South Dakota
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SEVENTY-THIRD
SESSION
LEGISLATIVE ASSEMBLY,
1998
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555B0193
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HOUSE ENGROSSED
NO.
SB12
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2/24/98
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Introduced by:
The Committee on Local Government at the request of the State Board of
Elections
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FOR AN ACT ENTITLED, An Act
to establish a uniform procedure for creating certain special
districts and electing the first board of trustees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
Sections 1 to 7, inclusive, of this Act apply to elections for the formation of
certain special districts and for the initial election of the board of directors or trustees for these
districts. The special districts covered are: county road, ambulance, rural fire protection,
sanitary, irrigation, watershed, and water project districts.
Section
2.
The application for organization shall be a petition verified by one or more
circulators by affidavit stating that each affiant personally witnessed the signatures on the
petition and believe the signatures to be genuine. The petition shall be signed by at least twenty-
five percent of the landowners within the proposed district who are also registered voters within
the district. If the proposed district is in two or more counties, a petition shall be filed in each
county and each petition shall be signed by at least twenty percent of the landowners within the
proposed district who are also registered voters within the proposed district in that county. The
petition shall be accompanied by a deposit covering the estimated costs as determined by the
county auditor of the public notices and the conduct of the election for the formation of the
district.
Section
3.
If the proposed district is in two or more counties, each county auditor and board
of county commissioners shall cooperate to perform the requirements of sections 1 to 7,
inclusive, of this Act and the chapter specific to the formation of that district in setting the date
for and conducting the election of the proposed district.
Section
4.
The county auditor shall publish the notice of the voter registration deadline at
least once each week for two consecutive weeks, the last publication to be not less than twenty-
five nor more than thirty days prior to the election. The auditor shall publish notices of election
at least once each week for two consecutive weeks, the last publication to be not less than four
nor more than ten days before the election.
Section
5.
The county auditor shall set a date, time, and location for a meeting to be held
within the district to conduct an election on the question of formation of the special district. The
date may not be more than sixty days after the appropriate board declares the application for
incorporation to be valid. The auditor shall appoint three judges of election, one of whom shall
serve as the superintendent, to conduct the election. The vote upon the question of incorporation
shall be by ballot in the form provided by
§
9-13-22. After the vote is cast and counted, the
judges shall prepare a certification showing the whole number of ballots cast, together with the
number voting for and the number voting against incorporation, and shall return the certification
to the county auditor. If a majority of the votes cast on the question of formation is in favor, an
election shall be conducted by those present at the same meeting to elect the initial board of
directors or trustees.
Section
6.
A person who is a landowner in the proposed district and is registered to vote in
the proposed district may vote in the elections provided for in section 5 of this Act. However,
the qualifications of a voter for irrigation district elections are provided in chapter 46A-4.
Absentee voting is allowed pursuant to chapter 12-19 for the election on the question of
formation of the special district.
Section
7.
If there is a conflict regarding who has a right to vote in the election pursuant to
sections 4 to 6 of this Act, the judges of election shall settle the conflict by referring to the
official records of the register of deeds and county auditor in each county where these official
records are held.
Section
8.
The State Board of Elections may promulgate rules pursuant to chapter 1-26
concerning:
(1) The petition form; and
(2) The notice of election.
The petition form and notice of election shall include a description of the proposed district
boundaries.
Section
9.
That
§
31-12A-1
be amended to read as follows:
31-12A-1.
A populated area outside the boundary of a municipality, which is situated so that
the construction or maintenance of roads becomes desirable, may be incorporated
by its
landowners
as a road district pursuant to this chapter.
Section
10.
That
§
31-12A-5
be amended to read as follows:
31-12A-5.
The application for
incorporation shall be the petition referred to in
§
31-12A-3
verified by one or more applicants, by affidavit stating that the affiant or affiants personally
witnessed the signatures thereon and believe them to be genuine, and shall be subscribed by not
less than one-third of the whole number of landowners residing within such territory according
to the census taken. It
organization
shall be
as provided in section 6 of this Act and shall be
filed
with the county auditor and presented to the board of county commissioners for consideration
at its next meeting.
Section
11.
That
§
31-12A-6
be amended to read as follows:
31-12A-6.
If the board of county commissioners
shall be
is
satisfied that the requirements
of this chapter have been fully complied with, it shall
make
issue
an order declaring that
such
the
territory shall, with the assent of the
landowners
voters, as specified in section 2 of this Act,
in an election
as provided in
§
31-12A-10
sections 4 to 6, inclusive, of this Act
, be an
incorporated
paving
road
district by the name specified in the application.
Such
The
name shall
be different from that of any other road district in this state.
It shall also include in such order
a notice for an election of the landowners in the proposed road district, at a convenient place or
places therein, on some day within one month therefrom, to determine whether such territory
shall become an incorporated road district.
Section
12.
That
§
31-12A-7
be repealed.
31-12A-7.
The board of county commissioners shall give twenty days' notice of such
election by publication at least twice in a newspaper of general circulation within the county.
Section
13.
That
§
31-12A-8
be repealed.
31-12A-8.
At all elections held under this chapter the polls shall be kept open from eight
o'clock in the forenoon until seven o'clock in the afternoon.
Section
14.
That
§
31-12A-9
be repealed.
31-12A-9.
The board of county commissioners shall appoint three judges, who shall elect
one of their number as superintendent, and shall without delay open the polls to receive ballots
of the voters.
Section
15.
That
§
31-12A-10
be amended to read as follows:
31-12A-10.
The vote upon the question of incorporation shall be by ballot in the form
provided by
§
9-13-22.
If a majority vote in favor of the incorporation,
such
the
territory
shall
from that time be
is
deemed a road district by the name and style specified in the order of
incorporation
issued
by the board of county commissioners; otherwise, no further proceedings
shall
may
be taken
thereon. Provided, however
. However
, any owner of land classified as
agricultural property for the purposes of taxation may exclude
his
that
property from the district
by
so
notifying the county auditor in writing within sixty days after the incorporation of the
district. The district shall note any alterations to the district resulting from exclusion upon the
survey and map filed pursuant to this chapter.
Section
16.
That
§
31-12A-11
be amended to read as follows:
31-12A-11.
After the vote is cast and canvassed, such judges shall make a verified statement
showing the whole number of ballots cast, together with the number voting for and the number
voting against incorporation, and shall return the same to the board of county commissioners
at its next session.
If satisfied with the legality of
such
the
election, the board of county
commissioners shall
make
issue
an order declaring that
such
the
road district
has been
is
incorporated by the name adopted.
Such
The
order shall be conclusive of the fact of such
incorporation in all suits by or against
such
the
road district.
Section
17.
That
§
31-12A-14
be repealed.
31-12A-14.
The county auditor shall give twenty days notice by publication at least once
in a newspaper of general circulation within the county of an election to be held for the purpose
of electing officers therefor from among the landowners of the district, naming the place therein
and the date upon which the same will be held. The county auditor shall appoint judges, three
for each polling place, who shall preside at such first election and be the judges thereof, and in
the receiving and canvassing of the votes shall be governed by the law so far as applicable
relating to the election of county officers.
Section
18.
That
§
31-12A-17
be amended to read as follows:
31-12A-17.
The trustees to be elected at the initial election, shall be nominated by
filing
with the county auditor not less than fifteen days before such election, certificates of nomination
for the offices of trustees. The trustees
the voters in attendance at the meeting in which the
organizational election is held. Any trustee
to be elected at subsequent elections, shall be
nominated by filing with the district clerk not less than fifteen days before any subsequent
election, certificates of nomination for the offices of
trustees. Such
trustee. The
certificates shall
be in writing and shall contain the name of the candidate,
his
residence,
his
business address
,
and the office for which
he
the candidate
is named, and
must
shall
be signed by at least five
percent of the qualified voters.
Section
19.
That
§
34-11A-1
be amended to read as follows:
34-11A-1.
Whenever ten percent of the registered voters residing in
If
any rural territory,
equivalent in area to one township or more,
elect
requests
to form, organize, establish, equip
,
and maintain an ambulance district, the
registered voters
petition
shall
present
be presented to
the county auditor of
the
each
county
or counties
in which the territory is situated
a petition
setting forth their desires and purposes, or the board of county commissioners in
the
each
county
or counties
where
such
the
ambulance district would be situated may initiate formation of the
district by resolution.
Section
20.
That
§
34-11A-2
be amended to read as follows:
34-11A-2.
Any municipality located within the area may be included in the ambulance
district if
ten percent of the registered voters residing therein
twenty percent of the landowners
within the municipality who are also registered voters within the municipality
sign
such
petitions
a petition
, or if the governing body
thereof
of the municipality
establishes
their
intent
by passing a resolution so indicating.
Section
21.
That
§
34-11A-3
be amended to read as follows:
34-11A-3.
Such
The
petition shall contain
the full names and post-office addresses of such
petitioners; the resolution and petition shall contain
the suggested name of the proposed district,
the area in square miles to be included
therein
, and a complete description according to
government survey,
wherever
if
possible, of the boundaries of the real properties intended to be
embraced in the proposed ambulance district. The petitioners shall also present to the county
auditor a plat or map showing the suggested boundaries of the proposed district
,
and shall
deposit with the county auditor a sum sufficient to defray the expenses of publishing the notices
required by
§
§
34-11A-6
to 34-11A-10, inclusive
and section 4 of this Act
.
Section
22.
That
§
34-11A-4
be amended to read as follows:
34-11A-4.
Upon the filing of
such
petition in the office of the county auditor, the county
auditor shall determine and certify that
such
the
petition has been
assigned by at least ten
percent of the registered voters who reside within the suggested boundaries of the proposed
district. He
signed by the number of voters as specified in section 2 of this Act. If the petition
contains sufficient names, the county auditor
shall
thereafter
designate a time and place for the
petition or resolution of the county commissioners to be heard by the board of county
commissioners.
Section
23.
That
§
34-11A-6
be amended to read as follows:
34-11A-6.
Notice of
such
the
hearing shall be given by publication two weeks in
a
newspaper of general circulation in the county
the legal newspapers of each county affected
, the
last publication appearing at least seven days prior to the hearing
; the notice shall be addressed
to "all registered voters who are residing within the following described boundaries"
and shall
include a statement of the proposed boundaries as set forth in the petition.
Section
24.
That
§
34-11A-8
be amended to read as follows:
34-11A-8.
Following the filing of the order of the board of county commissioners,
the
county auditor shall designate a time and place for a public meeting of all registered voters who
are residing within the boundaries of the district as fixed by the order of the board of county
commissioners
an election shall be conducted as provided in sections 4 to 6, inclusive, of this
Act
.
Section
25.
That
§
34-11A-9
be repealed.
34-11A-9.
If the proposed district shall be within two or more counties, the county auditor
of the county in which the greater portion, by population, of the district is to be situated shall
fix the time and place for the public meeting and cause notice thereof to be published in each
county in which the district is to be situated in the manner provided in
§
34-11A-10.
Section
26.
That
§
34-11A-10
be repealed.
34-11A-10.
Notice of such meeting shall be given by publication two weeks in a newspaper
of general circulation in the county the last publication appearing at least seven days prior to the
meeting; the notice shall be addressed "to all registered voters who are residing within the
following described boundaries," and shall include a description of the boundaries of the district
as set forth in the order of the board of county commissioners.
Section
27.
That
§
34-11A-11
be repealed.
34-11A-11.
At the time and place fixed by the county auditor for the public meeting as
provided in
§
34-11A-8 or 34-11A-9, the registered voters who are residing within the
boundaries of the district shall have the opportunity to decide by majority vote of those present
whether the organization of the district shall be completed. However not less than twenty-five
qualified persons shall be present in order to have a valid organization of the district.
Section
28.
That
§
34-31A-2
be amended to read as follows:
34-31A-2.
If
ten percent of the electors residing in
an application for organization as
provided in section 2 of this Act covering
any rural territory
elect
is completed and requests
to
form, organize, establish, equip
,
and maintain a rural fire protection district,
they may signify
their intention by presenting to
the application shall be filed with
the county auditor of
the
each
county
or counties
in which the territory is located
a petition setting forth their desires and
purposes
. The board of county commissioners in
the
each
county
or counties
where the rural fire
protection district would be located may by resolution initiate the formation of the district.
Section
29.
That
§
34-31A-3
be amended to read as follows:
34-31A-3.
Any municipality located within the area, whether
such
the
municipality has a
fire department or not, may be included in the rural fire district if
ten percent of the electors
residing therein
twenty percent of the landowners within the municipality who are also
registered voters within the municipality
sign
such petitions
the petition
, or if the governing
body
thereof
of the municipality
establishes
their
intent by passing a resolution so indicating.
Section
30.
That
§
34-31A-4
be amended to read as follows:
34-31A-4.
Such
The
petition shall contain
the full names and post-office addresses of such
petitioners; the resolution and petition shall contain
the suggested name of the proposed district,
the area in square miles to be included
therein
, and a complete description according to
government survey,
wherever
if
possible, of the boundaries of the real properties intended to be
embraced in the proposed rural fire protection district. The petitioners shall also present to the
county auditor a plat or map showing the suggested boundaries of the proposed district
, and
shall deposit with the county auditor a sum sufficient to defray the expenses of publishing the
notices required by
§
§
34-31A-7 and 34-31A-11
.
Section
31.
That
§
34-31A-5
be amended to read as follows:
34-31A-5.
Upon the filing of
such
the
petition in the office of the county auditor, the county
auditor shall determine and certify that
such
the
petition has been signed by
at least ten per cent
of the electors whose names appear on the current tax schedules in the office of the county
auditor and who appear to reside within the suggested boundaries of the proposed district. He
the number of voters as specified in section 2 of this Act. If the petition contains sufficient
names, the county auditor
shall
thereafter
designate a time and place for
said
the
petition or
resolution of the county commissioners to be heard by the board of county commissioners.
Section
32.
That
§
34-31A-7
be amended to read as follows:
34-31A-7.
Notice of
such
the
hearing shall be given by publication two weeks in
a
newspaper of general circulation in the county
the legal newspapers of each county affected
, the
last publication appearing at least seven days prior to
said
the
hearing. The notice shall
be
addressed to "all persons residing in or having any interest in real property located within the
following boundaries" and shall
include a statement of the proposed boundaries as set forth in
the petition.
Section
33.
That
§
34-31A-9
be amended to read as follows:
34-31A-9.
Following the filing of the order of the board of county commissioners,
the
county auditor shall designate a time and place for a public meeting of all electors who are
owners of any interest in real property assessed for taxation in the district and who are residing
within the boundaries of the district as fixed by the order of the board of county commissioners
an election shall be conducted as provided in sections 4 to 6, inclusive, of this Act
.
Section
34.
That
§
34-31A-10
be repealed.
34-31A-10.
If the proposed district shall be within two or more counties, the county auditor
of the county in which the greater portion of the district is to be situated shall fix the time and
place for the public meeting and cause notice thereof to be published in each county in which
the district is to be situated in the manner provided in
§
34-31A-11.
Section
35.
That
§
34-31A-11
be repealed.
34-31A-11.
Notice of such meeting shall be given by publication two weeks in a newspaper
of general circulation in the county the last publication appearing at least seven days prior to
said meeting. The notice shall be addressed "to all electors who are owners of any interest in
real property assessed for taxation in the district and who are residing within the following
described boundaries," and shall include a description of the boundaries of the district as set
forth in the order of the board of county commissioners.
Section
36.
That
§
34-31A-12
be repealed.
34-31A-12.
At the time and place fixed by the county auditor for the public meeting as
provided in
§
34-31A-9 or 34-31A-10, the electors who are owners of any interest in real
property assessed for taxation in the district and who are residing within the boundaries of the
district shall have the opportunity to decide by majority vote of those present whether the
organization of the district shall be completed.
Section
37.
That
§
34-31A-13
be amended to read as follows:
34-31A-13.
Permanent organization shall be effected by the election of a board of directors
consisting of not less than five residents of the district. If the district includes any incorporated
municipalities which are located within the boundaries of the district, no more than two
members of a five-member board of directors may be voters who are residents of the
incorporated municipal areas of the district if at least forty percent of the registered voters of the
district live outside the incorporated areas of the district, and no more than three members of
the board of directors may be voters who are residents of the incorporated municipal areas of
the district if at least twenty percent of the registered voters of the district live outside the
incorporated areas of the district. If the board of directors consists of more than five members,
the additional members, as nearly as can be accomplished, shall be in the proportions set forth
in this section.
Directors shall be elected to fill vacancies and expired terms arising after July 1,
1986, in accordance with the requirements of this section.
Section
38.
That
§
34A-5-2
be amended to read as follows:
34A-5-2.
No sanitary district
shall
may
be incorporated which contains less than thirty legal
residents, including minors, or less than ten
qualified electors as shown by the census required
by
§
34A-5-4
landowners within the proposed district who are also registered voters in the
proposed district
.
Section
39.
That
§
34A-5-4
be repealed.
34A-5-4.
Such persons shall cause an accurate census to be taken of the resident population
of the territory included in said map, as of a day not more than thirty days previous to the time
of filing such application with the county auditor as provided in
§
34A-5-6. Such census shall
exhibit the name of every head of a family residing within such territory on such day and the
number and names of persons belonging to every such family and shall also state the names of
all other persons residing within such territory at such time and, as to each person named,
whether such person is a qualified voter. It shall be verified by the affidavit of the person or
persons taking the same, stating that, to the best information and belief of the affiant or affiants,
the census correctly shows the names and numbers of all residents and of all qualified voters
within the territory. Persons taking the census may at the same time obtain signatures on the
application for incorporation required by
§
34A-5-6.
Section
40.
That
§
34A-5-5
be amended to read as follows:
34A-5-5.
Such
The
survey
, map and census
and map
when completed
and verified
shall be
left at some convenient public place, to be designated by the county auditor of the county in
which the application for incorporation is to be filed, within
such
the
territory for a period of
not less than twenty days for examination by
those
any person
having an interest in
such
the
application.
Section
41.
That
§
34A-5-6
be amended to read as follows:
34A-5-6.
The application for
incorporation
organization
shall be
a petition verified by one
or more applicants, by affidavit stating that the affiant or affiants personally witnessed the
signatures thereon and believe them to be genuine, and shall be subscribed by not less than
one-third of the whole number of qualified voters residing within such territory according to the
census taken. It
as provided in section 6 of this Act and
shall be filed with the county auditor
and presented to the board of county commissioners for consideration at
its
the board's
next
meeting.
Section
42.
That
§
34A-5-7
be amended to read as follows:
34A-5-7.
If the board
of county commissioners
shall be satisfied that the requirements of
this chapter have been fully complied with,
it
the board
shall
make
issue
an order declaring that
such
the
territory shall, with the assent of the
qualified voters thereof as provided in
§
34A-5-11
electors as specified in section 2 of this Act, in an election as provided in sections 4 to 6,
inclusive, of this Act
, be an incorporated sanitary district by the name specified in the
application.
Such
The
name shall be different from that of any other sanitary district in this
state.
It shall also include in such order a notice for an election of the qualified electors resident
in the proposed sanitary district, at a convenient place or places therein, on some day within one
month therefrom, to determine whether such territory shall become an incorporated sanitary
district.
Section
43.
That
§
34A-5-8
be repealed.
34A-5-8.
The board shall give ten days' notice of such election by publication and by
posting a copy of such notice at three of the most public places in the proposed sanitary district.
Section
44.
That
§
34A-5-9
be repealed.
34A-5-9.
At all elections held under this chapter the polls shall be kept open from eight
o'clock in the forenoon until seven o'clock in the afternoon.
Section
45.
That
§
34A-5-10
be repealed.
34A-5-10.
The county auditor shall appoint inspectors, three for each polling place, who
shall elect one of their number as clerk, and shall conduct the election. The receiving and
canvassing of votes shall be governed by Title 12 so far as applicable relating to the election of
county officers.
Section
46.
That
§
34A-5-11
be amended to read as follows:
34A-5-11.
The vote upon the question of incorporation shall be by ballot in the form
provided by
§
9-13-22.
If a majority vote in favor of the incorporation,
such
the
territory shall
from that time
be deemed a sanitary district by the name and style specified in the order of
incorporation by the board of county commissioners; otherwise, no further proceedings
shall
may
be taken
thereon
.
Section
47.
That
§
34A-5-12
be amended to read as follows:
34A-5-12.
After the vote is cast and canvassed, such inspectors shall make a verified
statement showing the whole number of ballots cast, together with the number voting for and
the number voting against incorporation, and shall return the same to the board of county
commissioners at its next session.
If satisfied with the legality of
such
the
election, the board
of county commissioners
shall
make
issue
an order declaring that
such
the
sanitary district has
been incorporated by the name adopted.
Such
The
order shall be conclusive of the fact of
such
incorporation in all suits by or against
such
the
sanitary district.
Section
48.
That
§
34A-5-15
be repealed.
34A-5-15.
Within ninety days after incorporation of the sanitary district pursuant to
§
34A-5-12, an election shall be held to select the initial officers of the district. The county
auditor shall give notice of the election by publication and by posting notices in five public
places in the sanitary district. The notice shall state that the purpose of the election is to elect
officers of the sanitary district and the notice shall state the place and date of the election. The
notice shall be given at least thirty days, but no more than sixty days, before the election. The
county auditor shall appoint inspectors, three for each polling place, who shall preside at the
first election and be the judges thereof, and in the receiving and canvassing of the votes shall
be governed by the law so far as applicable relating to the election of county officers.
Section
49.
That
§
34A-5-19
be amended to read as follows:
34A-5-19.
If a majority of the voters
shall
approve
of
the question to increase the board of
trustees to five, the voters shall elect one additional trustee for a three-year term and one
additional trustee for a two-year term at the next regular election
or at a special election called
for that purpose and they
and the trustees
shall be certified in the same manner as provided by
law.
Section
50.
That
§
34A-5-21
be amended to read as follows:
34A-5-21.
The trustees
Any trustee
to be elected at the initial election shall be nominated
by
filing with the county auditor, not more than forty nor less than twenty days before the
election, nomination petitions for the offices of trustees. The trustees
any person in attendance
at the meeting at which the organizational election is held. Any trustee
to be elected at
a
subsequent
elections
election
shall be nominated by filing with the district clerk, not more than
forty nor less than twenty days before any subsequent election,
a
nomination
petitions for the
offices of trustees
petition for office of trustee
. The
certificates
petition
shall be in writing and
shall contain the candidate's name, residence, business address
,
and the office for which the
candidate is named and shall be signed by at least five percent of the voters. However, no
petition need be signed by more than fifty voters.
Section
51.
That
§
46A-4-15
be amended to read as follows:
46A-4-15.
The Board of Water and Natural Resources shall then give notice of an election
for the purpose of determining
whether or not
if
the proposed district shall be organized under
the provisions of this chapter. The election shall be
held within ninety days but not less than
sixty days after the board by resolution approves the petition. The notice shall state the day and
date of the election, describe the general boundaries as established and shall designate a name
for the proposed district. The notice shall be published once each week for at least two
consecutive weeks in one official newspaper in each county where a portion of the proposed
district lies. The official newspaper shall be a newspaper designated as an official newspaper
pursuant to
§
7-18-3. The second publication shall be at least forty days prior to the election.
The notice shall require the electors to cast ballots which contain the words "Irrigation District
-- Yes," and "Irrigation District -- No," or words equivalent thereto
conducted as provided in
sections 4 to 6, inclusive, of this Act
.
Section
52.
That
§
46A-4-15.1
be repealed.
46A-4-15.1.
The question shall be presented upon a separate ballot which shall be prepared
by the Board of Water and Natural Resources and, insofar as applicable, shall be in the form
prescribed by the state board of elections. The cost of election shall be assigned to the new
irrigation district if the election is successful. If the election is not successful, the cost shall be
assigned to the affected county or counties in the same proportion as the lands to be included
from each affected county bear to the total lands in the proposed district.
Section
53.
That
§
46A-4-16
be repealed.
46A-4-16.
For the purpose of the election, the board of county commissioners of each
county in which any portion of the proposed district is situated shall establish a convenient
number of election precincts in the proposed district and define the boundaries thereof, which
precincts may thereafter be changed by the board of directors of the district in subsequent
election. The election shall be conducted in accordance with the general election laws of the
state. If no suitable polling place can be found within the precinct, the board may designate a
convenient location outside the precinct, either within or without the district.
Section
54.
That
§
46A-4-19
be amended to read as follows:
46A-4-19.
The election shall be conducted, canvassed, recounted and contested as other
elections under the general laws of this state, unless the general election laws conflict with the
provisions of this chapter. If details concerning the conduct, canvassing, recounting or contest
of the election are not set forth in this Act and the general election laws are not applicable, the
Board of Water and Natural Resources shall promulgate rules pursuant to chapter 1-26 to make
possible the submission to election any matter which by the terms of this chapter may be
submitted to a vote of the electors of any district or proposed district.
If a majority of all the
votes cast are "Irrigation District -- Yes," the board shall, by resolution, declare the territory
duly organized as an irrigation district, under the name and style designated. Upon filing of a
true copy of
such
the
resolution with the secretary of state, the irrigation district shall become
a political subdivision of the state with the authority, powers
,
and duties prescribed in chapters
46A-4 to 46A-7, inclusive.
Section
55.
That
§
46A-4-26
be amended to read as follows:
46A-4-26.
Notwithstanding any other provision of this chapter and chapters 46A-5 to
46A-7, inclusive, the provisions of the general election law concerning the hours during which
polls shall be open for voting shall apply to
all
each
irrigation district
elections
annual election
.
Section
56.
That
§
46A-4-27.1
be amended to read as follows:
46A-4-27.1.
Nominating petitions for the initial board of directors of the proposed district
may be acquired from the board of water and natural resources, on forms prescribed by the state
board of elections, and shall be filed with the board of water and natural resources not later than
forty-five days prior to the election. The petitions shall be in the form prescribed by the state
board of elections. To nominate directors by division, the petitions shall be signed by at least
ten qualified electors of the district division or ten percent of the qualified electors of the
division, whichever is less. To nominate directors at large, the petitions shall be signed by at
least twenty-five qualified electors of the district or ten percent of the qualified electors of the
district, whichever is less. No petition may contain the name of more than one candidate for any
vacancy to be filled, but each elector may sign as many petitions as there are directors to be
elected and no elector may sign more than one petition for any particular vacancy. If two or
more nominating petitions are filed for any office, the board shall certify the nomination of
candidates to the respective county auditors and shall furnish nonpolitical sample and official
ballots in adequate numbers in time to permit distribution of the ballots by the respective county
auditors. If only one nominating petition is filed for an office, no election need be held. In that
case, a certificate of election shall be issued to the nominee in the same manner as to a
successful candidate after election.
Beginning not less than fifteen days prior to the final date for filing of nominating petitions,
the board of water and natural resources or, subsequent to the election for the first set of
directors upon organization, the board of directors, shall publish a notice setting forth the
director vacancies to be filled, the day and date of the election, and the time and place where
nominating petitions may be obtained and filed. The notice shall be published once each week
for two consecutive weeks in an official newspaper in each county where a portion of the
proposed district lies.
The county auditors shall transmit the results of the election for directors to the secretary of
state. The secretary of state shall issue a certificate of election to each successful candidate.
The
results of the election for the organization of the district shall be transmitted to the Board of
Water and Natural Resources.
Section
57.
That
§
46A-14-2
be amended to read as follows:
46A-14-2.
Terms used in this chapter
, unless the context otherwise plainly requires,
mean:
(1)
"Appraisers," the persons appointed by the managers of the district to ascertain and
report benefits and damages arising from proposed work;
(2)
"Board," the State Board of Water and Natural Resources;
(3)
"Clerk," the clerk of a circuit court for the county in which any judicial proceeding
concerning a district is pending or may arise;
(4)
"Conservation district," conservation districts established in accordance with state
law;
(5)
"County auditor," the county auditor of any county affected by a watershed district;
(6)
"District," the proposed
and/or
or
existing watershed district as provided in this
chapter;
(7)
"District secretary-treasurer," the secretary-treasurer appointed by the board of
managers;
(8)
"Engineer," an engineer designated by the managers to act as engineer;
(9)
"Hearing," a hearing scheduled and conducted by either the managers, conservation
districts or the Board of Water and Natural Resources, during which all interested
parties shall be given a reasonable opportunity to be heard;
(10)
"Initiating petition," a petition as provided in this chapter for the creation or
modification of a watershed district
signed by landowners within the boundaries of
a proposed or existing watershed district, which petition may consist of one or more
listings of such signatures
;
(11)
"Interested party," any public corporation or any person having an interest in the
subject matter pending or involved and including the designated representative or any
agency of government;
(12)
"Landowner," any owner of land, as evidenced by records in the offices of the
register of deeds and the clerk of courts in the county containing a proposed or
existing watershed district. If land is sold under a contract for deed which is of record
in the office of the register of deeds in the county wherein such land is situated, both
the landowner and his individual purchaser of the land, as named in the contract for
deed, shall be treated as a landowner;
(13)
"Managers," the board of managers of a watershed district;
(14)
"Municipality" or "municipalities," incorporated cities or towns;
(15)
"Person," a natural person, firm, copartnership, association or corporation, but not a
public or political subdivision;
(16)
"Petition," initiating petition for "work" which may consist of one or more petitions
therefor;
(17)
"Public corporation," a county, municipality, school district, or a political division
or subdivision of the state, other than a watershed district;
(18)
"Public health," any act or thing tending to improve or benefit or contribute to the
safety or well-being of the general public or benefit the inhabitants of the district;
(19)
"Public welfare," "general welfare," and "public benefit," any act or thing tending to
improve or benefit or contribute to the safety or well-being of the general public or
benefit the inhabitants of the district;
(20)
"Publications," publication once a week for three successive weeks unless otherwise
specified; and
(21)
"Work" or "works," any construction, maintenance, repairs
,
or improvements of a
watershed district.
Section
58.
That
§
46A-14-5
be amended to read as follows:
46A-14-5.
Proceedings
Any proceeding
for the establishment of a watershed district shall
be initiated by the filing of an initiating petition with
the
each
conservation district in which the
largest portion of the
proposed watershed district is located, which initiating petition shall be
signed either by not less than twenty-five percent of the landowners of the proposed district, or
if there are but ten or less landowners in a proposed district then fifty percent of the landowners
are required
as provided in section 2 of this Act
, or by the authorized officials of any
municipality authorized by resolution duly passed by the governing body
thereof
and if signed
by the governing officials of one or more municipalities, the
same
petition
need not be signed
by any of the freeholders of the municipalities.
Section
59.
That
§
46A-14-9
be repealed.
46A-14-9.
The petitioners shall cause to be served upon the register of deeds of any county
affected by the proposed district, a copy of the initiating petition and proof of service thereof
shall be attached to the original petition to be filed with the conservation district and the county
auditor.
Section
60.
That
§
46A-14-10
be amended to read as follows:
46A-14-10.
Upon receipt
of a copy
of the initiating petition, the
register of deeds
board of
conservation district supervisors
shall determine
whether the petitioners are landowners, which
determination shall be made from the records in the offices of the register of deeds and clerk of
courts of the county in which the land is situated, which records shall be evidence of ownership,
and from which records the register of deeds shall certify his determination to the conservation
district
if the petition contains sufficient signatures as required by section 2 of this Act
.
Section
61.
That
§
46A-14-15
be amended to read as follows:
46A-14-15.
Upon
After
the hearing, if it appears to the conservation district supervisors that
public interest in the conservation of the natural resources within the proposed district, including
wildlife, water resources, forests, and soils, will be served and protected
,
;
that the engineering
and economic practicability of creating a district will be sound and feasible, when considered
in relation to the public interest
;
and the resulting cost to the owners of the property to be
assessed and that the purpose of this chapter would be
subserved
served
by the creation of a
watershed district, the conservation district supervisors shall
, by their finding
order a vote to be
taken
of all the landowners as to whether or not
as provided in sections 4 to 6, inclusive, of this
Act if
a district should be organized.
Section
62.
That
§
46A-14-16
be amended to read as follows:
46A-14-16.
If the initiating petition is signed by sixty percent or more of the landowners in
a proposed district
who are registered voters in the proposed district and
who own at least sixty
percent of the land in the proposed district,
such
the
petition may be accepted by the
conservation district supervisors in lieu of the favorable vote at a referendum as specified in
§
46A-14-26 and the referendum specified in
§
46A-14-15 is not required.
Section
63.
That
§
46A-14-17
be amended to read as follows:
46A-14-17.
The conservation district supervisors shall
publish a notice once each week for
three consecutive publications in a legal newspaper of general circulation in each county that
has land situated in the proposed district. The notice shall state the filing of the petition, the
description of the lands to be included in the proposed district, that a referendum will be held
at a polling place or places, as determined by the conservation district supervisors and hours
landowners can vote, and that the purpose is to determine if the proposed district should be
organized
perform the duties of the county auditor as provided in sections 4 to 6, inclusive, of
this Act
.
Section
64.
That
§
46A-14-18
be repealed.
46A-14-18.
Such referendum shall be by ballot. The ballot shall be in the following form:
For formation of (name) watershed district ()
Against formation of (name) watershed district ()
Section
65.
That
§
46A-14-19
be repealed.
46A-14-19.
At the referendum for establishment of a watershed district, the conservation
district supervisors and the county auditor or auditors of the county or counties in which the
petition is filed, shall constitute the election board and the canvassing board.
Section
66.
That
§
46A-14-20
be repealed.
46A-14-20.
Only persons or public corporations who are landowners, residing within or
outside a proposed district shall be entitled to vote.
Section
67.
That
§
46A-14-21
be repealed.
46A-14-21.
An authorized official of the governing board of a municipality may cast one
vote on behalf of the municipality. Authorization to vote and, unless determined by municipal
election, the vote to be cast on behalf of the municipality shall be by resolution of the governing
body. The vote on behalf of a municipality shall be in addition to the eligibility of the
municipality to vote as a landowner outside the corporate limits of the municipality.
Authorization and the vote to be cast on behalf of the municipality as a landowner outside the
municipality's corporate limits shall be by resolution of the governing body. Any other public
corporation has the same right to vote, if a landowner, by resolution of the governing body. For
the purposes of this section, a public corporation responsible for maintenance of a highway
affected by a proposed project is a landowner. The municipality or other public corporation
voting at the election shall present its ballot in the form of a resolution stating its decision on
the issue, and the resolution shall be duly certified as an act of the governing body adopted at
a duly called regular or special meeting at which a quorum was present and acting.
Section
68.
That
§
46A-14-22
be repealed.
46A-14-22.
The executor, administrator, conservator or trustee of any person or estate
interested is a landowner for purposes of this chapter and shall prove his authority to vote, duly
certified, prior to casting his vote in the election.
Section
69.
That
§
46A-14-23
be repealed.
46A-14-23.
Should two or more persons or officials claim the right to vote on the same tract,
the election board shall determine the party entitled to vote, and shall have the power to reject
any ballot not cast by a person authorized to vote the same, which rejection may be made at the
time such ballot is offered, or at the time of the canvass of the election. The election board shall
refer to the official records of the register of deeds and clerk of courts in the counties where the
real estate may be for information as to who are entitled to vote.
Section
70.
That
§
46A-14-24
be repealed.
46A-14-24.
Voting by absentee ballot is permissible in any regular or special election
regarding the formation, operation or dissolution of a watershed district.
Section
71.
That
§
46A-14-25
be repealed.
46A-14-25.
The election board shall execute a certificate giving the result of the election
which certificate shall be recorded in the office of the county auditor of each county having land
in the district.
Section
72.
That
§
46A-18-4
be amended to read as follows:
46A-18-4.
The petition established pursuant to
§
46A-18-2 shall contain:
(1)
The name of the proposed district;
(2)
The object and purpose of the water project and works proposed to be constructed or
acquired, together with a general description of the nature, location
,
and method of
operation of the proposed works or program of activities;
(3)
A legal description of the lands constituting the proposed district and the names of
any municipalities included partly or wholly within the boundaries of the proposed
district;
(4)
The location of the principal place of business of the proposed district;
and
(5)
The number of members of the board of directors of the proposed district, which
number may not be less than three nor more than seven, a statement as to whether the
directors shall be elected at large or shall be elected by director divisions, the names
and addresses of the members who shall serve as directors until their successors are
elected and qualified as provided in this chapter, and, if director divisions are
provided for, the respective divisions that the directors are to represent. The persons
named in the petition as directors shall be qualified voters of the district and, if
director divisions are provided for, shall be qualified voters of the respective
divisions
they
the directors
are to represent
; and
(6)
A specification of the residency, land ownership or other requirements for eligibility
to vote in a water project district election
.
Section
73.
That
§
46A-18-5
be repealed.
46A-18-5.
To be qualified to vote in a district election, a person shall be either a registered
voter or an owner of real property, with ownership established as of the last day of the year
preceding the year in which a vote is to be cast or a petition is to be filed, as shown in the
records of the county register of deeds, within the proposed or existing district as specified in
the formation petition. To be qualified to vote in a director division of the district, a person shall
be either a registered voter or an owner of real property, as provided in this section, within the
director division as specified in the formation petition. A water project district may not assess
any tax or special assessment against a person, or lands owned by a person, who is not permitted
to vote in the district's elections. No person is entitled to more than one vote in any district
election.
Section
74.
That
§
46A-18-10
be amended to read as follows:
46A-18-10.
The formation petition shall be signed by
at least twenty-five qualified voters
or twenty-five percent of the qualified voters of the proposed district, whichever is less. On each
petition, set opposite the signature of each petitioner, his place of residence and the date of
signing shall be shown
the number of signers required by section 2 of this Act
.
Section
75.
That
§
46A-18-11
be repealed.
46A-18-11.
A petition may contain any number of pages. Each page shall have an identical
heading. Any number of identical petition forms may be circulated and each is a part of the
petition. Every page of the petition containing signatures shall have upon it below the signatures
an affidavit by the circulator in substantially the following form:
State of South Dakota )
) ss
County of _________ )
I, the undersigned, being first duly sworn, depose and say, that I am the circulator of the
foregoing petition containing ________ signatures; that each person whose name appears on
said petition sheet personally signed said petition in the presence of affiant; that I believe that
each of said signers is a registered voter of or an owner of real property in the proposed district,
and a resident at the address written opposite his name, and that affiant stated to every petitioner
before he affixed his signature the legal effect and nature of said petition.
_______________________________________________________________________
Circulator
Subscribed and sworn to before me this ________ day of ________, 19____.
_______________________________________________________________________
Notary Public
Section
76.
That
§
46A-18-14
be amended to read as follows:
46A-18-14.
The Board of Water and Natural Resources, within ninety days from the receipt
of a petition, or within ninety days from the time funds become available to defray the cost of
an investigation, shall determine if the proposed project is feasible and conforms to public
convenience and welfare. If the project is deemed not feasible or not conforming to public
convenience and welfare, the board shall dismiss the petition. If the board determines that the
project is feasible and conforms to public convenience and welfare,
it
the board
shall by
resolution approve the petition and call an election of the voters of the proposed water project
district on the question of whether the proposed district should be established. The election shall
be held
not less than sixty days and not more than ninety days after approval of the petition by
the board
as provided in sections 4 to 6, inclusive, of this Act
.
Section
77.
That
§
46A-18-15
be amended to read as follows:
46A-18-15.
The Board of Water and Natural Resources shall
publish a notice once each
week for three consecutive weeks in a legal newspaper of general circulation in each county that
has land situated in the proposed district. The notice shall state that the petition has been filed,
the description of the lands to be included in the proposed district, that an election will be held
at a polling place or places, as determined by the board of county commissioners and the hours
of voting, and that the purpose is to determine if the proposed district should be organized
perform the duties of the county auditor as provided in sections 4 to 6, inclusive, of this Act
.
Section
78.
That
§
46A-18-16
be repealed.
46A-18-16.
The initial election shall be by ballot, which, insofar as applicable, shall be in
the form prescribed by the general election laws. Ballots for the initial election shall be prepared
by the Board of Water and Natural Resources. In the initial and subsequent elections, voting by
absentee ballot is permissible. If he is a qualified voter of the district, an owner of real property
within the district not residing within the district may vote in person or by absentee ballot or
may authorize in writing his proxy to vote on his behalf. The written authorization for voting
by proxy shall be notarized.
Section
79.
That
§
46A-18-17
be repealed.
46A-18-17.
Any water project district election shall be conducted, canvassed, recounted and
contested as any other election under the general laws of this state, except as otherwise herein
provided, and unless the general laws are inapplicable. If the details concerning the conduct,
canvassing, recounting or contest of the election are not set forth within this chapter and the
general election laws are not applicable, the Board of Water and Natural Resources for an
election for formation or dissolution, and the water project district directors for other election,
may make any bylaws or procedure reasonably necessary to carry out the intentions of this
chapter and make possible the submission to an election of any matter which by the terms of this
chapter may be submitted to a vote of the electors of any existing or proposed water project
district. Any action by the Board of Water and Natural Resources to carry out the purposes of
this section shall be by rules promulgated pursuant to chapter 1-26.
Section
80.
That
§
46A-18-18
be repealed.
46A-18-18.
At the election for establishment of a water project district, the county election
and canvassing boards shall be established as provided in the general election laws.
Section
81.
That
§
46A-18-19
be repealed.
46A-18-19.
The election board shall execute a certificate showing the result of any election,
which certificate shall be recorded in the office of the county auditor of each county having land
in the district and shall be submitted to the board of water and natural resources.
BILL HISTORY
1/13/98 First read in Senate and referred to Local Government.
S.J.
22
1/17/98 Scheduled for Committee hearing on this date.
1/17/98 Local Government Do Pass, Passed, AYES 7, NAYS 0.
1/17/98 Local Government Place on Consent Calendar.
1/20/98 Second reading of consent calendar items.
1/20/98 Second reading of consent calendar items.
S.J.
122
1/20/98 Senate Do Pass, Passed, AYES 34, NAYS 0.
S.J.
122
1/21/98 First read in House and referred to Local Government.
H.J.
171
2/12/98 Scheduled for Committee hearing on this date.
2/12/98 Local Government Do Pass, Passed, AYES 12, NAYS 0.
H.J.
598
2/12/98 Local Government Place on Consent Calendar.
2/13/98 Second reading of consent calendar items.
2/13/98 Second reading of consent calendar items.
2/14/98 House of Representatives Deferred to another day.
H.J.
703
2/17/98 House of Representatives Deferred to another day.
H.J.
733
2/18/98 House of Representatives Deferred to another day.
H.J.
759
2/23/98 Motion to Amend, Passed.
H.J.
842
2/23/98 House of Representatives Do Pass Amended, Passed, AYES 55, NAYS 10.
H.J.
842
