State of South Dakota
|
NINETY-FIRST SESSION LEGISLATIVE ASSEMBLY, 2016 |
219X0464 | SENATE BILL NO. 116 |
Introduced by: Senators Rusch, Hunhoff (Bernie), Novstrup (David), Omdahl, Peterson
(Jim), Rampelberg, Tidemann, and Vehle and Representatives Ring, Bartling,
Duvall, Hawley, Jensen (Alex), Kirschman, Rasmussen, Schoenbeck, Solum,
and Wiik
|
FOR AN ACT ENTITLED, An Act to remove any reference to land ownership being a
requirement for participation in any actions pertaining to the creation of or withdrawal from
a water development district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 46A-3A-8 be amended to read:
46A-3A-8. Fifteen percent of theowners of real property residents and voters in a
geographical area, as shown by the records in the offices of the register of deeds of the county
wherein the real property is situated, may petition the Board of Water and Natural Resources
to submit to an election the question of whether the geographical area shall become a water
development 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 the land is situated, both the landowner and the
landowner's individual purchaser of the land, as named in the contract for deed, shall be treated
as owners of real property.
Section 2. That § 46A-3A-14 be amended to read:
46A-3A-14. If in some, but not all of the election districts within a proposed water development district, sixty percent or more of the votes cast are in favor of the formation of the water development district, the Board of Water and Natural Resources shall by resolution establish a water development district consisting of only those election districts wherein the requisite vote approving the formation of a water development district was cast. In the event of the creation ofsuch a water development district, any of the election districts may withdraw
from the water development district by filing with the board within sixty days thereafter, a
petition requesting such withdrawal, signed by fifteen percent of the owners of land residents
and voters in such the election district. The petition shall contain the same information with
respect to the signers and be verified in the same manner as in the case of a petition to establish
a water development district. The question of whether an election district shall withdraw shall
be referred to the voters of such the election district at the next general election, the procedure
to be is the same as required to establish a water development district.
Section 3. That § 46A-3B-9 be amended to read:
46A-3B-9. Directors shall take office on the first day of January of the year following their election, or not later than sixty days after election in the case of a special election. Vacancies that may occur on the water development district board of directors by reason of death, disability, failure to be a resident andproperty owner voter, resignation, or other cause pursuant
to § 3-4-1, or upon expiration of term of office if no qualifying petitions have been filed or if
no successor has qualified for the office, unless otherwise provided in chapters 46A-3A to 46A-3E, inclusive, shall be declared to exist and shall be filled by elective action of the remaining
directors from candidates proposed by nominating petitions signed by at least twenty-five
eligible voters in the director area for which a vacancy exists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 46A-3A-8 be amended to read:
46A-3A-8. Fifteen percent of the
Section 2. That § 46A-3A-14 be amended to read:
46A-3A-14. If in some, but not all of the election districts within a proposed water development district, sixty percent or more of the votes cast are in favor of the formation of the water development district, the Board of Water and Natural Resources shall by resolution establish a water development district consisting of only those election districts wherein the requisite vote approving the formation of a water development district was cast. In the event of the creation of
Section 3. That § 46A-3B-9 be amended to read:
46A-3B-9. Directors shall take office on the first day of January of the year following their election, or not later than sixty days after election in the case of a special election. Vacancies that may occur on the water development district board of directors by reason of death, disability, failure to be a resident and