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Other Issues - City & County Planning
LWVAL Action Priority Level III - Issues identified by LWVAL Advocacy Committee and/or State Board or Local Leagues.Click a bill to see sponsor(s), summary (including link to full text), League action and justification for that action, and progress of the bill through the legislative process.
Legend:
= LWVAL's support for the legislation. 
= LWVAL's opposition to the legislation.
= new bill activity; change from previous week's report such as new progress in the legislature and/or League action. Bill may be one newly added to the report. These updates are in green font.LWVAL has taken a position on these bills:
[none at this time]
LWVAL is monitoring these bills.
HB74 - Government, local, prohibited from competing with private sector in waste management
Sponsor(s): Representative McMillan
Summary/Synopsis: Under existing law, the municipal planning commission of a municipality has responsibility for the development of subdivisions in the extraterritorial jurisdiction of the municipal planning commission. This bill would provide that the county commission under certain conditions would have jurisdiction over subdivisions in the extraterritorial jurisdiction of the municipality if the county has adopted subdivision regulations unless an agreement is executed between the county, the municipal planning commission, and the municipality authorizing the municipal planning commission to be responsible for subdivision development or unless the municipality and the municipal planning commission specifically vote to override the county's exercise of jurisdiction and the municipal planning commission meets certain statutorily established criteria for regulating and enforcing subdivision regulations in unincorporated areas.
The bill would also amend current law requiring the county engineer to approve all plats and maps before filing with the judge of probate to provide that, when the municipal planning commission is responsible for the development of subdivisions, the county engineer would certify the plats and maps for filing after approval by the municipal planning commission.
League Action and Justification: LWVAL is monitoring HB74.
Bill Progress in Legislature: 02/07/2012: Read for the first time and referred to the 2/16/2012: Read for 2nd time and placed on the calendar with two C&MG amendments (136913-2 and 137055-3); pending 3rd read and favorable form C&MG.
03/08/2012: 3rd reading passed; C&MG 1st Amendment offered (136913-2); Motion to Adopt adopted; C&MG 2nd Amendment offered (137055-3); McMillan Amendment (138876-1) offered; Motion to Adopt adopted; Motion to Read a 3rd Time and Pass adopted (96-0-0); Engrossed.
03/15/2012: Read for the 1st time in the Senate and referred to tthe 4/05/2012: 2nd reading and place on the calendar; pending 3rd reading and favorable from Govt. Affairs.
Summary/Synopsis: Under existing law, the municipal planning commission of a municipality has responsibility for the development of subdivisions in the extraterritorial jurisdiction of the municipal planning commission. This bill would provide that the county commission under certain conditions would have jurisdiction over subdivisions in the extraterritorial jurisdiction of the municipality if the county has adopted subdivision regulations unless an agreement is executed between the county, the municipal planning commission, and the municipality authorizing the municipal planning commission to be responsible for subdivision development or unless the municipality and the municipal planning commission specifically vote to override the county's exercise of jurisdiction and the municipal planning commission meets certain statutorily established criteria for regulating and enforcing subdivision regulations in unincorporated areas.
The bill would also amend current law requiring the county engineer to approve all plats and maps before filing with the judge of probate to provide that, when the municipal planning commission is responsible for the development of subdivisions, the county engineer would certify the plats and maps for filing after approval by the municipal planning commission.
League Action and Justification: LWVAL is monitoring HB74.
Bill Progress in Legislature: 02/07/2012: Read for the first time and referred to the 2/16/2012: Read for 2nd time and placed on the calendar with two C&MG amendments (136913-2 and 137055-3); pending 3rd read and favorable form C&MG.
03/08/2012: 3rd reading passed; C&MG 1st Amendment offered (136913-2); Motion to Adopt adopted; C&MG 2nd Amendment offered (137055-3); McMillan Amendment (138876-1) offered; Motion to Adopt adopted; Motion to Read a 3rd Time and Pass adopted (96-0-0); Engrossed.
03/15/2012: Read for the 1st time in the Senate and referred to tthe 4/05/2012: 2nd reading and place on the calendar; pending 3rd reading and favorable from Govt. Affairs.
HB434/SB373 - Municipality, Mayor/Council form of government, council meetings, cancellation for lack of quorum, procedures, Sec. 11-43-50 am'd
HB434 Sponsor(s): Representative J. Williams
SB373 Sponsor(s): Senator Beason
Summary/Synopsis: Existing law requires of a municipality with the mayor/council form of government that the governing body hold regular meetings twice a month. In addition, the presiding officer may call special meetings and is required to do so when requested by the mayor or two council members. The law does not provide a procedure to cancel a meeting or give notice when it is known that a quorum will not be available. This bill would authorize the presiding officer of a municipal council to cancel a meeting if the presiding officer receives written notice that a quorum will not be present.
League Position and Justification: LWVAL is monitoring HB434/SB373. No specific position covers these actions, which seem to function within guidelines for orderly government and meetings that are accessible to the public.
Bill Progress in Legislature:
HB434: 02/28/2012: Read for the 1st time and referred to the 03/08/2012: Read for the 2nd time and placed on the calendar; pending 3rd reading and favorable from C&MG
5/09/2012: Indefinitely postponed.
SB373: 02/28/2012: Read for the first time and referred to the 03/15/2012: Read for the 2nd time and placed on the calendar; pending 3rd reading and favorable from Governmental Affairs.
4/12/2012: 3rd reading passed; Motion to Read a 3rd Time and Pass adopted (27-0-0)
4/17/2012: House—Read for the first time and referred to the 4/26/2012: Read for the 2nd time and placed on the calendar; pending 3rd reading and favorable from C&MG.
SB373 Sponsor(s): Senator Beason
Summary/Synopsis: Existing law requires of a municipality with the mayor/council form of government that the governing body hold regular meetings twice a month. In addition, the presiding officer may call special meetings and is required to do so when requested by the mayor or two council members. The law does not provide a procedure to cancel a meeting or give notice when it is known that a quorum will not be available. This bill would authorize the presiding officer of a municipal council to cancel a meeting if the presiding officer receives written notice that a quorum will not be present.
League Position and Justification: LWVAL is monitoring HB434/SB373. No specific position covers these actions, which seem to function within guidelines for orderly government and meetings that are accessible to the public.
Bill Progress in Legislature:
HB434: 02/28/2012: Read for the 1st time and referred to the 03/08/2012: Read for the 2nd time and placed on the calendar; pending 3rd reading and favorable from C&MG
5/09/2012: Indefinitely postponed.
SB373: 02/28/2012: Read for the first time and referred to the 03/15/2012: Read for the 2nd time and placed on the calendar; pending 3rd reading and favorable from Governmental Affairs.
4/12/2012: 3rd reading passed; Motion to Read a 3rd Time and Pass adopted (27-0-0)
4/17/2012: House—Read for the first time and referred to the 4/26/2012: Read for the 2nd time and placed on the calendar; pending 3rd reading and favorable from C&MG.
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