S.D. Codified Laws § 7-25-8 — SD Code / Title 7 / Chapter 25 / Section 7-25-8
Building plans and specifications to be on file--Petty offense to permit removal
Status: in_force

One copy of the plans and specifications for any building to be erected shall be on file in the office of the county auditor at all times from the beginning of the publication of the advertisement for bids until the completion of the building. Any county auditor who allows or permits the original of any building plans or specifications filed in the office to be removed from the office commits a petty offense.

Source: SL 1874-5, ch 27, § 49; PolC 1877, ch 21, § 45; CL 1887, § 609; SL 1889, ch 49, § 1; SL 1895, ch 53, § 1; RPolC 1903, § 849; SL 1915, ch 129; RC 1919, § 5885; SDC 1939, §§ 12.2308, 12.9904; SL 1955, ch 22; SL 1963, ch 51; SL 1981, ch 43, § 8; SL 2016, ch 44, § 64.
S.D. Codified Laws § 7-12-1 — SD Code / Title 7 / Chapter 12 / Section 7-12-1
Sheriff to preserve the peace--Apprehension of felons--Execution of process
Status: in_force

The sheriff shall keep and preserve the peace within the county. The sheriff may call to aid any person or power of the county as the sheriff deems necessary. The sheriff shall pursue and apprehend all felons, and shall execute all writs, warrants, and other processes from any court or magistrate for which the sheriff has the legal authority.

Source: SL 1874-5, ch 27, § 68; PolC 1877, ch 21, § 65; CL 1887, § 661; RPolC 1903, § 896; RC 1919, § 5956; SDC 1939, § 12.1001; SL 2016, ch 44, § 21.
S.D. Codified Laws § 7-7-1.5 — SD Code / Title 7 / Chapter 7 / Section 7-7-1.5
Submission of question of combined offices to voters--Procedure
Status: in_force

The board of county commissioners shall upon receiving a petition signed by not less than fifteen percent of the registered voters, based upon the total number of registered voters at the last preceding general election, submit to the voters of the county the question whether two or more county offices shall be combined and that one person shall be elected to, and perform the duties of, the combined offices. The board of county commissioners shall follow the procedure set forth in chapter 7-18A in submitting such question to the electors.

Source: SL 1988, ch 65, § 4.
S.D. Codified Laws § 7-3-16 — SD Code / Title 7 / Chapter 3 / Section 7-3-16
Transferred records deemed original records--Certified copies as evidence
Status: in_force

The records transferred under the provisions of this chapter shall, after such transfer, be deemed original records of the new county to which they are transferred and certified copies shall be received in all courts in evidence with the same force and effect as original records of both counties.

Source: SL 1917, ch 174, § 3; RC 1919, § 5775; SDC 1939, § 12.0409.
S.D. Codified Laws § 7-9-28 — SD Code / Title 7 / Chapter 9 / Section 7-9-28
South Dakota association of county officials register of deeds modernization and preservation relief fund
Status: in_force

There is hereby established a South Dakota association of county officials register of deeds modernization and preservation relief fund to be administered by the South Dakota Association of County Officials. Distributions, including the cost to administer the fund, shall be approved by the executive board of the association of county officials.

Source: SL 2012, ch 51, § 11.
S.D. Codified Laws § 7-16-28 — SD Code / Title 7 / Chapter 16 / Section 7-16-28
Election of state's attorney for office of regional prosecutor--Oath of office, bond and eligibility requirements
Status: in_force

A state's attorney shall be elected for each office of regional prosecutor of this state every fourth year during the general election, who shall qualify by taking the oath of office and giving a bond as provided by law. No person is eligible to the office of regional prosecutor who is not duly licensed to practice as an attorney and counselor at law by the Supreme Court of this state.

Source: SL 1996, ch 54, § 5.
S.D. Codified Laws § 7-12-25 — SD Code / Title 7 / Chapter 12 / Section 7-12-25
Fees deposited in general fund
Status: in_force

The sheriff is hereby authorized and directed to remit to the county treasurer all fees collected for deposit in the county general fund.

Source: SL 1917, ch 190, § 1; RC 1919, § 5966; SDC 1939, § 12.1010; SL 1951, ch 23, § 1; SL 1963, ch 40, § 5.
S.D. Codified Laws § 7-16-15 — SD Code / Title 7 / Chapter 16 / Section 7-16-15
Continuation of prosecution or defense after change of venue
Status: in_force

Whenever the venue is changed in any criminal case or in any civil action or proceeding in which his county or the state is interested or a party, it shall be the duty of the state's attorney of the county where such criminal case was commenced, or of the county interested in such civil action or proceeding, to appear and prosecute such criminal case and to prosecute or defend such civil action or proceeding in the county to which the same may be changed.

Source: SL 1883, ch 43, § 2; CL 1887, § 428; RPolC 1903, § 928; RC 1919, § 5998; SL 1927, ch 193; SDC 1939, § 12.1302.
S.D. Codified Laws § 7-1-50 — SD Code / Title 7 / Chapter 1 / Section 7-1-50
Minnehaha County boundaries
Status: in_force

Beginning at a point where the base line intersects the boundary line between the states of South Dakota and Minnesota, being the southwest corner of the said state of Minnesota, thence north and along said state line to the north line of township one hundred four north, at a point where the first standard parallel north intersects said state line; thence west and along said first standard parallel to the seventh guide meridian west of the fifth principal meridian between ranges fifty - two and fifty - three west; thence south along said seventh guide meridian to the north line of township one hundred; thence east and along said township line to the place of beginning.

Source: SL 1862, ch 16; SL 1870-1, ch 10; SL 1872-3, ch 16, § 1; SDC 1939, § 12.0151.
S.D. Codified Laws § 7-8-2 — SD Code / Title 7 / Chapter 8 / Section 7-8-2
Commissioners elected by voters of district--Moving from district or failing to attend meetings creates vacancy
Status: in_force

The nomination and election of county commissioners shall be by a vote of the voters of the district of which such candidate is a resident voter. However, if any county commissioner moves from the district to which such person was elected or if any county commissioner fails to attend the commission meetings for four consecutive months, the office shall be declared vacant and such vacancy shall be filled pursuant to chapter 3-4 .

Source: SDC 1939, § 12.0602; SL 1982, ch 63; SL 1995, ch 38, § 1; SL 2001, ch 21, § 2.
S.D. Codified Laws § 7-1-57 — SD Code / Title 7 / Chapter 1 / Section 7-1-57
Oglala Lakota County boundaries
Status: in_force

Beginning at a point where the boundary line between the states of South Dakota and Nebraska intersects the fifth guide meridian west of the sixth principal meridian, thence north and along said guide meridian to the center of the main channel of White River; thence westerly and up the center of the main channel of said White River to its intersection with the north boundary of the Pine Ridge Indian Reservation; thence west and along the north boundary of said Indian reservation to its intersection with the south fork of the Cheyenne River; thence southwesterly and along the center of the main channel of the south fork of the Cheyenne River to its intersection with the one hundred third meridian of west longitude; thence south and along said meridian to the said boundary line between the states of South Dakota and Nebraska; thence east and along said state line to the place of beginning.

Source: SL 1874-5, ch 29; SL 1883, ch 40; SL 1897, ch 44; SL 1909, ch 280, §§ 5, 6; SDC 1939, §§ 12.0158, 12.0168; SL 1943, ch 23, §§ 1, 2; SL 1951, ch 22, §§ 1, 2; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
S.D. Codified Laws § 7-23-5 — SD Code / Title 7 / Chapter 23 / Section 7-23-5
Annual examination and accounting for tax sales and receipts
Status: in_force

It shall be the duty of the board of county commissioners, at each annual meeting of such board to examine the county treasurer's "tax - sale book" and "stub receipts," and ascertain the amount of redemption money in the treasury and compel such treasurer to account for the same.

Source: SL 1879, ch 49, § 10; CL 1887, § 616; RPolC 1903, § 856; RC 1919, § 5892; SDC 1939, § 12.1907.
S.D. Codified Laws § 7-7-27 — SD Code / Title 7 / Chapter 7 / Section 7-7-27
Payments for research to county commissioners' associations and educational institutions
Status: in_force

The boards of county commissioners may make payment to the South Dakota county commissioners' and officials' associations for the conduct of research on local government, the employment of research and other personnel, the publication of research studies, and the provision for office expenses. State supported educational institutions may be given financial assistance to conduct research as authorized by this section.

Source: SDC 1939, § 12.1913 as added by SL 1953, ch 25; SL 1959, ch 30; omitted SL 1961, ch 36, § 1; restored SL 1964, ch 29; SL 1965, ch 28, § 1; SL 1968, ch 16, § 2; SL 1972, ch 40, § 2; SL 1994, ch 60, § 1.
S.D. Codified Laws § 7-7-8 — SD Code / Title 7 / Chapter 7 / Section 7-7-8
Determination of population for county salary purposes
Status: in_force

The annual salaries of the county auditor, the county treasurer, and the register of deeds of the several counties of this state shall be regulated and fixed by the population of the several counties as shown by the last federal census.

Source: SL 1917, ch 188, § 1; RC 1919, § 5819; SL 1919, ch 148, § 2; SDC 1939, § 12.1705; SL 1961, ch 66, § 2.
S.D. Codified Laws § 7-16-8 — SD Code / Title 7 / Chapter 16 / Section 7-16-8
Opinions and advice to county officers--Fees
Status: in_force

The state's attorney shall give opinions and advice without fee to the board of county commissioners and other civil officers of his county, if requested by the board or officers, upon all matters in which the county is interested or relating to the official duties of the board or officers. However, a part - time state's attorney may receive a fee in addition to the state's attorney's salary for legal services rendered pursuant to contract in behalf of the county or county officers in civil cases and administrative proceedings outside the county, pursuant to § 7-16-6 or to a board or commission acting pursuant to chapter 46A-10A .

Source: SL 1883, ch 43, § 4; CL 1887, § 430; RPolC 1903, § 930; RC 1919, § 6000; SDC 1939, § 12.1302 (1); SL 1983, ch 44, § 5; SL 1986, ch. 378, § 2.
S.D. Codified Laws § 7-21-15 — SD Code / Title 7 / Chapter 21 / Section 7-21-15
Submission of budgets and tax levies to secretary of revenue
Status: in_force

The county auditor shall submit a copy of the annual budget as adopted, to the secretary of revenue together with a report of the annual levies, before the taxes are extended on the tax lists of the county.

Source: SDC 1939, § 12.2007 as added by SL 1951, ch 29, § 3; SL 1974, ch 66, § 3; SL 1996, ch 56.
S.D. Codified Laws § 7-25A-16 — SD Code / Title 7 / Chapter 25A / Section 7-25A-16
Election of chairman--Other officers
Status: in_force

As soon as practicable after each election or appointment, the board shall organize by electing one of its members as chairman and by electing a secretary, who need not be a member of the board, and such other officers as the board may deem necessary.

Source: SL 1989, ch 59, § 16.
S.D. Codified Laws § 7-21-37 — SD Code / Title 7 / Chapter 21 / Section 7-21-37
Certificates of indebtedness against delinquent taxes for payment of outstanding warrants, claims, and liabilities
Status: in_force

For the purpose of providing funds for the payment of outstanding warrants and claims and liabilities, the board of county commissioners may, whenever the total amount of delinquent taxes for the preceding year on real estate payable into any fund shall be more than five percent of the total amount of taxes levied on real estate during the preceding year, without being required to submit the question of so doing to any election, by a resolution provide for the borrowing of money for the fund in an amount equal to the excess of delinquent taxes over five percent and shall issue certificates of indebtedness therefor, which shall be in denomination of one hundred dollars or multiples thereof, shall bear interest at a rate to be negotiated by the parties from the date thereof until paid and redeemed and shall be registered in the office of the county treasurer.

Source: SL 1927, ch 79, § 16; SDC 1939, § 12.2014; SL 1983, ch 28, § 9.
S.D. Codified Laws § 7-31-30 — SD Code / Title 7 / Chapter 31 / Section 7-31-30
Proceedings to set aside installment contract in default
Status: in_force

In lieu of or in addition to the forfeiture by notice as hereinbefore provided, in the discretion of the board of county commissioners such contract may be set aside by an action in the circuit court of the county in which said real estate is situated, under the proceedings provided for the strict foreclosure of real estate contracts, or under other proceedings provided by law, and the state's attorney shall conduct all said proceedings upon request of the board of county commissioners.

Source: SL 1941, ch 37; SDC Supp 1960, § 12.3404 (12).
S.D. Codified Laws § 7-3-18 — SD Code / Title 7 / Chapter 3 / Section 7-3-18
Contract for transcription of records for new county--Certification of instruments transcribed
Status: in_force

The board of county commissioners may contract the transcribing of records or any part thereof to the lowest and best bidder. The person transcribing the records of any particular office shall attach the transcriber's certificate without extra cost to each instrument or matter transcribed to the effect that the transcript is a full, true, and complete copy of the original instrument as it appears of record in the original county, showing book and page thereof. However, for any record transcribed from the office of the county treasurer or county auditor it is only necessary to make one certificate at the close of each book transcribed.

Source: SL 1915, ch 132, § 2; RC 1919, § 5782; SDC 1939, § 12.0411; SL 2016, ch 44, § 3.
S.D. Codified Laws § 7-8-26.1 — SD Code / Title 7 / Chapter 8 / Section 7-8-26.1
Life and health insurance contracts for county officers and employees
Status: in_force

The board of county commissioners may enter into group life and group health insurance contracts for the protection and benefit of its officers and employees, and their immediate families. The board may pay all or part of the necessary premiums for its officers and employees and for the immediate families of those officers and employees.

Source: SDC 1939, § 12.0617 as added by SL 1969, ch 19; SL 1983, ch 41, § 2; SL 1983, ch 42, § 1; SL 1991, ch 59, § 2.
S.D. Codified Laws § 7-12-5 — SD Code / Title 7 / Chapter 12 / Section 7-12-5
Information furnished to attorney general and state's attorney--Assistance in prosecution of offenses
Status: in_force

The sheriff shall furnish to the attorney general from time to time any information regarding conditions in the county that may be required. The sheriff shall pursue all violations of the criminal laws of this state, notify the state's attorney of violations, collect preliminary information, file criminal complaints, and arrest and assist in the prosecution of persons charged.

Source: SL 1917, ch 355, § 7; RC 1919, § 5957; SDC 1939, § 12.1002; SL 2016, ch 44, § 24.
S.D. Codified Laws § 7-30-13 — SD Code / Title 7 / Chapter 30 / Section 7-30-13
Lease after auction
Status: in_force

Nothing in this chapter shall be construed so as to prevent the board of county commissioners from leasing all such real estate, except residence property, after the auction date on such terms and conditions as the board may determine.

Source: SDC 1939, § 12.2217; SL 1983, ch 49, § 3.
S.D. Codified Laws § 7-30-7 — SD Code / Title 7 / Chapter 30 / Section 7-30-7
Lease on sharecrop basis--Lien on crop
Status: in_force

If any of the land offered for lease is land under cultivation, the commissioners may lease the same either for cash or upon part cash and part sharecrop basis or entirely upon a sharecrop basis according to the bid which in their discretion they may decide to be to the best interest of the taxing districts involved. In case of share rent or part share rent, the lease shall provide for a lien upon the crop and the same shall be filed for record notice of such lien.

Source: SL 1937, ch 86, § 2; SDC 1939, § 12.2214.
S.D. Codified Laws § 7-7-5 — SD Code / Title 7 / Chapter 7 / Section 7-7-5
Salary of county commissioners
Status: in_force

The board of county commissioners may determine the salary of the commissioners. Such salary may be set by the board of county commissioners at its first regular meeting of each year. If the board of county commissioners fails to determine a salary, then the salary of a county commissioner in any one year is:

(1) Seven thousand two hundred thirty - three dollars as per diem or salary in counties of thirty thousand population or over;

(2) Six thousand five hundred sixty - six dollars as per diem or salary in counties of fifteen thousand population and over and not more than thirty thousand population;

(3) Five thousand three hundred ninety - seven dollars as per diem or salary in counties of eight thousand population and over and not more than fifteen thousand population;

(4) Four thousand eight hundred ninety - six dollars as per diem or salary in counties of less than eight thousand population.

Source: SL 1868-9, ch 6, § 22; PolC 1877, ch 39, § 24; CL 1887, § 1424; SL 1891, ch 48, § 1; RPolC 1903, § 1841; SL 1903, ch 103; SL 1905, ch 77; SL 1909, ch 147; SL 1913, ch 150; SL 1915, ch 136; SL 1917, ch 187; RC 1919, § 5876; SL 1919, ch 150; SL 1921, ch 168; SL 1929, ch 97; SL 1933, ch 74; SDC 1939, § 12.1704; SL 1943, ch 28, § 1; SL 1947, ch 38, § 1; SL 1951, ch 26, § 1; SL 1953, ch 21; SL 1957, ch 22; SL 1963, ch 43; SL 1967, ch 17, § 1; SL 1970, ch 44; SL 1973, ch 44; SL 1974, ch 57, § 2; SL 1974, ch 58, § 1; SL 1978, ch 53, § 2; SL 1982, ch 61, § 4; SL 1986, ch 63, § 3B; SL 1988, ch 66, § 1A; SL 1992, ch 52, § 1.
S.D. Codified Laws § 7-8-27 — SD Code / Title 7 / Chapter 8 / Section 7-8-27
Appeal to circuit court from county commissioners--Bond for costs
Status: in_force

From all decisions of the board of county commissioners upon matters properly before it, there may be an appeal to the circuit court by any person aggrieved upon filing a bond in the amount of two hundred fifty dollars with one or more sureties to be approved by the county auditor conditioned that the appellant shall prosecute the appeal without delay and pay all costs that he may be adjudged to pay in the circuit court. Such bond shall be executed to the county and may be sued in the name of the county upon breach of any condition therein.

Source: SL 1874-5, ch 27, § 30; PolC 1877, ch 21, § 46; SL 1883, ch 5, § 1; CL 1887, § 610; RPolC 1903, § 850; RC 1919, § 5886; SDC 1939, § 12.0618; SL 1985, ch 15, § 22.
S.D. Codified Laws § 7-12-10.1 — SD Code / Title 7 / Chapter 12 / Section 7-12-10.1
Civil service system for deputies in large county--Features of system--Repeal or modification
Status: in_force

A county with a population of seventy - five thousand or more may adopt an ordinance establishing a civil service system for its county deputy sheriffs, and provide for the appointment of a civil service board, and prescribe its powers, duties, and compensation. The civil service system shall provide for the suspension or removal of any deputy sheriff for cause, subject to review and affirmance, reversal, or modification of such action by the civil service board. The deputy sheriff may request a hearing before the board at which he may be present in person or by counsel. The ordinance may be repealed or modified by a majority vote of the county commission.

Source: SL 1979, ch 42.
S.D. Codified Laws § 7-21-47 — SD Code / Title 7 / Chapter 21 / Section 7-21-47
Payment of claims against previous year's appropriation--Registration of warrants not paid
Status: in_force

Warrants issued for claims allowed against budget appropriations for the previous fiscal year which have been filed before the board's first meeting in January, shall be paid out of the fund on which drawn on the presentation to the treasurer of the county, and in case of insufficient funds on hand to pay such warrants, due to delinquent taxes or other failure of revenue, then such warrants, upon presentation to the treasurer, shall be registered and the amount necessary to pay such warrants, if not paid at the time of the adoption of the annual budget, shall be included in the next annual budget.

Source: SL 1927, ch 79, § 15; SDC 1939, § 12.2013; SL 1975, ch 76, § 9.
S.D. Codified Laws § 7-1-20 — SD Code / Title 7 / Chapter 1 / Section 7-1-20
Deuel County boundaries
Status: in_force

Beginning at a point where the township line between townships one hundred seventeen and one hundred eighteen north intersects the boundary line between the states of South Dakota and Minnesota, thence west and along said township line to the northwest corner of township one hundred seventeen north of range fifty, west of the fifth principal meridian; thence south and along the range line between ranges fifty and fifty - one to the southwest corner of township one hundred thirteen north of range fifty west; thence east and along the township line between townships one hundred twelve and one hundred thirteen north, to the boundary line between the states of South Dakota and Minnesota; thence north and along said line to the place of beginning.

Source: SL 1862, ch 16; SL 1870-1, ch 10; SL 1872-3, ch 16, § 5; SDC 1939, § 12.0121.
S.D. Codified Laws § 7-25-10 — SD Code / Title 7 / Chapter 25 / Section 7-25-10
Lowest responsible bid accepted--Progress payments permitted in contract--Interest on payments withheld
Status: in_force

The lowest responsible bid in all cases shall be accepted and the contract for the building or buildings may permit progress payments, but if so shall provide for retention of not less than the following percentages: twelve percent of the amount of the contract up to fifty thousand dollars; five percent of the next two hundred thousand dollars of the amount of the contract and two and one - half percent of the amount of the contract in excess of two hundred fifty thousand dollars until the contract is fully executed and the building or buildings completed to the satisfaction and acceptance of the board of county commissioners. However, if the contractor has furnished the board all required records and reports and a final inspection has been made, the board shall pay to the contractor interest at the Category A rate of interest as established in § 54-3-16 on the amounts retained and on the final payment due the contractor beginning sixty days after the work under the contract has been completed, as evidenced either by the completion date established in the superintendent's or architect's letter of acceptance or by the use and occupancy of the building, and running until the date when payment is tendered to the contractor unless delay in payment has been the result of federal participation in such contract, in which event interest may not begin until sixty days after payment by the federal authority involved.

Source: SL 1874-5, ch 27, § 49; PolC 1877, ch 21, § 45; CL 1887, § 609; SL 1889, ch 49, § 1; SL 1895, ch 53, § 1; RPolC 1903, § 849; SL 1915, ch 129; RC 1919, § 5885; SDC 1939, § 12.2308; SL 1955, ch 22; SL 1963, ch 51; SL 1983, ch 28, § 14; SL 1984, ch 319, § 6.
S.D. Codified Laws § 7-30-4 — SD Code / Title 7 / Chapter 30 / Section 7-30-4
Lease to highest bidder--Minimum rental
Status: in_force

Each tract of land shall be leased to the highest bidder.

Before the auction date the board of county commissioners shall fix by resolution a minimum rental rate for each tract of land. No bid may be accepted which is less than the minimum rental rate.

Source: SL 1937, ch 86, § 4; SDC 1939, § 12.2214; SL 2011, ch 41, § 1.
S.D. Codified Laws § 7-21-1 — SD Code / Title 7 / Chapter 21 / Section 7-21-1
Definition of terms
Status: in_force

Terms used in this title, unless the context otherwise plainly requires, are defined as follows:

(1) "Institutions and agencies," when used in connection with a county, all subdivisions and departments of a county which are under the supervision or control of the board of county commissioners;

(2) "Fiscal year," the twelve months period ending on the thirty - first day of December, each year;

(3) "Current fiscal year," the then existing fiscal year;

(4) "Next fiscal year" or "following fiscal year," the fiscal year following the fiscal year in which the budget is adopted and levies made.

Source: SL 1927, ch 79, § 2; SDC 1939, § 12.2001.
S.D. Codified Laws § 7-29-20 — SD Code / Title 7 / Chapter 29 / Section 7-29-20
Acquisition of land and exchange with municipality
Status: in_force

Any county of this state is hereby authorized and empowered to purchase property, with money from its general fund or otherwise, and thereafter to transfer and convey such property so purchased to any municipal corporation within or partly within the boundary of such county in exchange for property owned by such municipality, provided the property so transferred and conveyed to the county is for a public use and purpose. Said transfers of property shall be upon such terms and conditions as may be determined and agreed upon by the respective governing bodies thereof.

Source: SL 1959, ch 37; SDC Supp 1960, § 12.2223.
S.D. Codified Laws § 7-21-16.6 — SD Code / Title 7 / Chapter 21 / Section 7-21-16.6
Notes not paid in full within term
Status: in_force

If a note authorized by §§ 7-21-16.2 to 7-21-16.5 , inclusive, has been issued and not paid in full within the term provided in § 7-21-16.2 , no cash receipts may be expended for any purpose except the retirement of principal and interest of notes outstanding against that fund, until all such notes are retired.

Source: SL 2012, ch 53, § 5.
S.D. Codified Laws § 7-9-7.4 — SD Code / Title 7 / Chapter 9 / Section 7-9-7.4
Original signatures required for recording generally--Financing statements--Exhibits--Limited electronic signatures permitted
Status: in_force

Unless otherwise provided by law, a paper document that is to be recorded or filed in the register of deeds' records as provided in this section or other applicable law must contain the original signatures of the parties who execute the document and, if required to be acknowledged or further proven, original signatures of the notary public, witnesses, or other officer taking an acknowledgment. Any financing statement filed and recorded pursuant to chapter 57A-9 is not required to contain the signature of the debtor or the secured party or an acknowledgment.

No original signature is required for any document to be recorded or filed in the register of deeds' records if the document:

(1) Is attached as an exhibit to an affidavit or other document that has an original signature that is acknowledged, sworn to with a proper jurat, or proved according to law;

(2) Contains electronic signatures executed and notarized in accordance with the requirements of § 18-1-11.2 and is recorded electronically pursuant to chapter 7-9A ; or

(3) Is a printed copy of an electronic record containing electronic signatures executed and notarized in accordance with the requirements of § 18-1-11.2 and a certificate acknowledging the authenticity of the copy pursuant to § 18-1-11.5 .

Source: SL 2014, ch 47, § 13; SL 2024, ch 71, § 1.
S.D. Codified Laws § 7-25A-39 — SD Code / Title 7 / Chapter 25A / Section 7-25A-39
Recovery of charges or penalties upon default
Status: in_force

If any rates, fees, rentals, charges, or delinquent penalties have not been paid when due and have been in default for sixty days or more, the unpaid balance thereof and all interest accrued thereon, together with reasonable attorney's fees and costs, may be recovered by the district in a civil action.

Source: SL 1989, ch 59, § 39.
S.D. Codified Laws § 7-25-13 — SD Code / Title 7 / Chapter 25 / Section 7-25-13
Payment required if building occupied before acceptance
Status: in_force

It is further provided that in the event the board elects to use and occupy the public improvement before acceptance, the board shall pay all amounts due under the contract except double the amount the superintendent or architect shall estimate necessary to complete the improvement in accordance with the plans and specifications or one percent of the contract price, whichever is the greater, or in any event not less than three hundred dollars, and no interest shall be allowed thereon until sixty days after said work has been fully completed.

Source: SDC 1939, § 12.2308 as added by SL 1963, ch 51.
S.D. Codified Laws § 7-25A-24 — SD Code / Title 7 / Chapter 25A / Section 7-25A-24
District's authority to obtain loans--Purpose--Interest
Status: in_force

The district at any time may obtain loans pursuant to chapter 9-25 , in such amount and on such terms and conditions as the board may approve, for the purpose of paying any of the expenses of the district or any costs incurred or that may be incurred in connection with any of the projects of the district. The loans shall bear such interest as the board may determine and may be payable from and secured by a pledge of such funds, revenues, taxes, and assessments as the board may determine, subject, however, to the provisions contained in any proceeding under which bonds were theretofore issued and are then outstanding. Notwithstanding the provisions of chapter 9-25 , the terms of these loans may not exceed thirty years.

Source: SL 1989, ch 59, § 24; SL 1990, ch 52, § 4.
S.D. Codified Laws § 7-3-11 — SD Code / Title 7 / Chapter 3 / Section 7-3-11
Warrants issued for settlement of accounts between counties
Status: in_force

It shall be the duty of the boards of county commissioners of such counties at their next regular meeting after the expiration of thirty days from the filing of the report of the auditor - general, to issue warrants upon the several funds to the creditor county to pay any amounts ascertained by the auditor - general to be due; or, in case the report of the auditor - general is set aside, warrants shall be issued as herein provided within thirty days after the entry of final judgment in such matter.

Source: SL 1917, ch 175, § 4; RC 1919, § 5779; SDC 1939, § 12.0406.
S.D. Codified Laws § 7-18-23 — SD Code / Title 7 / Chapter 18 / Section 7-18-23
County funded fire protection services
Status: in_force

The board of county commissioners of this state may organize and fund fire protection services for that part of the county that does not have fire protection service provided and funded by a township or rural fire protection district or by a volunteer fire department that is funded wholly or in part by donations from the people served by such department. The board of county commissioners may employ such personnel and purchase such equipment and supplies as necessary to provide such fire protection. The expenses incurred by the county pursuant to this section shall be within the maximum tax levy pursuant to § 10-12-21 .

Source: SL 1991, ch 68, § 2.
S.D. Codified Laws § 7-7-1.7 — SD Code / Title 7 / Chapter 7 / Section 7-7-1.7
Nomination and election of officer to combined office--Term
Status: in_force

If a majority of those voting in each county shall approve the question provided in § 7-7-1.6 at the special election, an officer shall be nominated and elected at the next general election to the combined office provided for in § 7-7-1.6 . The officer shall be voted upon by the voters of the counties that have resolved to combine such office. Such officer shall hold office for a term of four years commencing on the first Monday of January following his election.

Source: SL 1988, ch 65, § 6.
S.D. Codified Laws § 7-25A-17 — SD Code / Title 7 / Chapter 25A / Section 7-25A-17
Compensation of board members
Status: in_force

Each member of the board of supervisors shall receive an amount not to exceed one hundred dollars per month or an amount established by the electors at referendum. In addition, each supervisor shall receive travel and per diem expenses as set by the board.

Source: SL 1989, ch 59, § 17; SL 2016, ch 44, § 66.
S.D. Codified Laws § 7-30-2 — SD Code / Title 7 / Chapter 30 / Section 7-30-2
Publication of notice of leasing
Status: in_force

A notice of such leasing shall be published in the official newspapers of the county once during each of the two calendar weeks preceding the auction, stating the time and place at which the leasing of such lands will begin.

Source: SL 1937, ch 86, § 3; SDC 1939, § 12.2213.
S.D. Codified Laws § 7-31-32 — SD Code / Title 7 / Chapter 31 / Section 7-31-32
Exchange of isolated tracts--Advertising and appraisement not required
Status: in_force

In order to carry out the purpose of this chapter and to provide for efficient administration and management of county lands and to secure the maximum revenue therefrom the board of county commissioners are hereby authorized and empowered to exchange by transfer of title or lease scattered and isolated tracts and sections of county - owned lands for other public or private lands of like character in value, and to execute proper conveyances or leases thereof, in manner and form as provided by existing laws, but without the necessity of complying with any statute requiring advertising, notice, or appraisement, and to accept in return therefor a proper instrument of conveyance to the county of lands for which such lands are exchanged. Lands acquired by exchange shall be sold and leased as provided herein.

Source: SL 1939, ch 25, § 6; SL 1941, ch 38, § 2; SDC Supp 1960, § 12.3409.
S.D. Codified Laws § 7-30-5 — SD Code / Title 7 / Chapter 30 / Section 7-30-5
Payment of annual rental--Execution of lease
Status: in_force

If the highest offer for any tract of land payable in cash is satisfactory, the bidder shall immediately pay to the county treasurer the amount specified as the annual rental for the tract. The treasurer shall give the bidder a receipt and shall keep a copy on file in the office. The county auditor shall prepare a lease for the tract in duplicate to be signed by the county auditor and the lessee. The county auditor shall give the lessee a copy and shall keep a copy on file in the office.

Source: SL 1937, ch 86, § 4; SDC 1939, § 12.2214; SL 2016, ch 44, § 70.
S.D. Codified Laws § 7-1-65 — SD Code / Title 7 / Chapter 1 / Section 7-1-65
Walworth County boundaries
Status: in_force

Beginning at the northeast corner of township one hundred twenty - four north of range seventy - four, west of the fifth principal meridian, thence west and along the sixth standard parallel north, to the center of the main channel of the Missouri River; thence southerly and down the center of the main channel of the Missouri River to its intersection with the fifth standard parallel, north, as extended; thence east and along the township line between townships one hundred twenty and one hundred twenty - one north, to the southeast corner of township one hundred twenty - one north of range seventy - four, west of the fifth principal meridian; thence north and along the range line between ranges seventy - three and seventy - four west, to the place of beginning.

Source: SL 1872-3, ch 16, § 35; SDC 1939, § 12.0166.
S.D. Codified Laws § 7-33-6 — SD Code / Title 7 / Chapter 33 / Section 7-33-6
Policies and requirements for operation of system and for sale or transfer of solid waste or recycled materials
Status: in_force

The board of county commissioners of a county may, in accordance with the provisions of §§ 34A-6-40 and 34A-6-63.1 , establish policies and requirements for the operation of solid waste or recycling facilities and systems and the sale or transfer of solid waste materials or by-products or recyclable materials.

Source: SL 1971, ch 50; SL 1976, ch 77; SL 2007, ch 204, § 2.
S.D. Codified Laws § 7-18-25 — SD Code / Title 7 / Chapter 18 / Section 7-18-25
Scheduling public hearing on sale of gravel--Notice
Status: in_force

If the board of county commissioners receives a petition pursuant to § 7-18-24 , the board shall schedule a public hearing to be held within thirty days of receipt of such petition. The board of county commissioners shall publish a notice of such hearing once a week for two successive weeks in the legal newspapers of the county.

Source: SL 1992, ch 57, § 2.
S.D. Codified Laws § 7-16-4 — SD Code / Title 7 / Chapter 16 / Section 7-16-4
Deputy for desertion and public welfare laws in large counties
Status: in_force

In all counties with a population of more than fifteen thousand as shown by the last federal census, the state's attorney shall appoint, and the board of county commissioners must allow a proper compensation as set by a judge of the circuit court for one deputy or limited deputy state's attorney who shall be responsible to assist in the enforcement of the desertion and public welfare laws of this state.

Source: SDC 1939, § 12.1305 as added by SL 1963, ch 42; SL 1985, ch 50, § 2.
S.D. Codified Laws § 7-29-15 — SD Code / Title 7 / Chapter 29 / Section 7-29-15
Exchange of isolated tracts with state or United States--Advertising and appraisement not required
Status: in_force

A board of county commissioners may, with the approval of the appropriate department of the State of South Dakota or the federal government, exchange scattered and isolated tracts and sections of land belonging to such county for lands belonging to the State of South Dakota or to the United States Government, value for value, and may execute proper conveyances thereof in manner and in form as provided by existing laws but without the necessity of complying with any statute requiring advertising, notice or appraisement and may accept in return therefor a proper instrument of conveyance to the county of the lands for which such lands are exchanged.

Source: SL 1939, ch 23; SL 1941, ch 35; SDC Supp 1960, § 12.1808; SL 1981, ch 44, § 11.
S.D. Codified Laws § 7-25A-32 — SD Code / Title 7 / Chapter 25A / Section 7-25A-32
Interest on bonds exempt
Status: in_force

Interest on all bonds issued pursuant to this chapter is exempt from all taxes by the state or by any political subdivision, agency, or instrumentality thereof.

Source: SL 1989, ch 59, § 32.
S.D. Codified Laws § 7-29-17 — SD Code / Title 7 / Chapter 29 / Section 7-29-17
Reservation of mineral rights in national forest exchanges
Status: in_force

All mineral rights to such lands sold and conveyed to the United States Government pursuant to § 7-29-16 shall be reserved to the county, and such deeds of conveyances shall provide therein that any and all mineral rights in and to said lands are expressly reserved to the county.

Source: SL 1931, ch 112; SDC 1939, § 57.1126.
S.D. Codified Laws § 7-18A-25 — SD Code / Title 7 / Chapter 18A / Section 7-18A-25
Ordinance book kept--Contents
Status: in_force

After an ordinance takes effect, the auditor shall record it with a certificate of the date of its publication in a book to be known as the "Ordinance Book" and shall file the affidavit of publication with the original ordinance.

Source: SL 1975, ch 82, § 11.
S.D. Codified Laws § 7-12-23 — SD Code / Title 7 / Chapter 12 / Section 7-12-23
Reimbursement for taking prisoner before judge
Status: in_force

If any person accused of a public offense is taken before a judge in chambers for the purpose of entering a plea of guilty and receives a state incarceration sentence, the county where the alleged offense was committed shall reimburse the sheriff pursuant to §§ 7-12-21 and 7-12-22 .

If a state incarceration sentence is not imposed, the county where the alleged offense was committed shall reimburse the sheriff for the actual expenses for conveying the person to and from the judge by the nearest traveled route.

Source: SL 1913, ch 161, § 3; RC 1919, § 5964; SDC 1939, § 12.1008; SL 2016, ch 47, § 10; SL 2023, ch 82, § 5.
S.D. Codified Laws § 7-6-3 — SD Code / Title 7 / Chapter 6 / Section 7-6-3
Time required before resubmission of county seat location
Status: in_force

If upon a canvass of the votes cast, as provided in § 7-6-2 , any municipality shall have received a majority of all votes cast at such election, the question of location of the county seat shall not again be submitted before the expiration of four years; provided that where such vote has already been had without a choice of location, the question of location of the county seat shall not again be submitted until the expiration of four years from the last election held therefor.

Source: SDC 1939, § 12.0501; SL 1992, ch 60, § 2.
S.D. Codified Laws § 7-27-12 — SD Code / Title 7 / Chapter 27 / Section 7-27-12
Lease of fair grounds and buildings--Purposes for which authorized
Status: in_force

The county commissioners, county fair board or nonprofit operating corporation may lease the fair grounds and fair buildings or any part thereof to any person, persons, limited liability company, corporation, association, or organization in their discretion, either for the purpose of having such person, persons, limited liability company, corporation, association, or organization take charge of and operate all or any part of the county fair or for organization meetings, entertainment, livestock shows, horse, or any other types of races and for any and all other purposes in their discretion which serve and benefit the public.

Source: SDC 1939, § 12.2601 (7) as added by SL 1941, ch 34; SL 1951, ch 31, § 1; SL 1975, ch 81, § 7; SL 1994, ch 351, § 8.
S.D. Codified Laws § 7-1-51 — SD Code / Title 7 / Chapter 1 / Section 7-1-51
Moody County boundaries
Status: in_force

Beginning at a point on the boundary line between the states of South Dakota and Minnesota where the first standard parallel north intersects said state line, thence west and along said first standard parallel to the southwest corner of township one hundred five north of range fifty west of the fifth principal meridian; thence north and along the range line between ranges fifty and fifty - one west, to the second standard parallel north; thence east and along said second standard parallel to the said boundary line between said states; thence south and along said state line to the place of beginning.

Source: SL 1872-3, ch 16, § 2; SDC 1939, § 12.0152.
S.D. Codified Laws § 7-22-15 — SD Code / Title 7 / Chapter 22 / Section 7-22-15
Warrants to be paid in order of registration--Notices to be sent by treasurer--Termination of interest
Status: in_force

All registered warrants shall be paid in the order of registration and the treasurer, as soon as money sufficient for the payment of the warrants is received to the credit of the particular fund upon which the warrants are drawn, shall immediately notify by mail the persons in whose names the warrants are drawn. If the treasurer receives written notice from some other person that such person is the holder of the warrant, then the treasurer shall notify the other person and interest upon the warrants shall cease. The treasurer shall pay and cancel the warrants upon presentation of the written notice.

Source: SL 1874-5, ch 74, § 4; PolC 1877, ch 50, § 4; CL 1887, § 1674; SL 1895, ch 186, § 1; RPolC 1903, § 2254; RC 1919, § 6976; SDC 1939, § 12.0813; SL 2016, ch 44, § 62.
S.D. Codified Laws § 7-1-32 — SD Code / Title 7 / Chapter 1 / Section 7-1-32
Harding County boundaries
Status: in_force

Beginning at a point where the range line between ranges nine and ten east Black Hills meridian intersects the boundary line between the states of South Dakota and North Dakota, thence west and along said state line to the boundary line between the states of South Dakota and Montana; thence south and along said boundary line and the boundary line between the states of South Dakota and Wyoming to the township line between townships fourteen and fifteen north of the Black Hills base line; thence east and along the township line between said townships fourteen and fifteen to the range line between ranges nine and ten east Black Hills meridian; thence north and along the range line between said ranges nine and ten to the place of beginning.

Source: SL 1881, ch 43; SL 1883, ch 38; SL 1889, ch 47; SL 1893, ch 47; SL 1897, ch 43; election of November, 1908, for division; SDC 1939, § 12.0133.
S.D. Codified Laws § 7-12-11 — SD Code / Title 7 / Chapter 12 / Section 7-12-11
Responsibility of sheriff for deputies, jailers, and clerks--Summary relief from duties
Status: in_force

The sheriff is responsible for the acts of each deputy, jailer, and clerk in the performance of the duties of the sheriff's office. The sheriff may summarily relieve any deputy, jailer, or clerk of any or all official responsibilities and duties.

Source: SL 1917, ch 190, § 1; RC 1919, § 5966; SDC 1939, § 12.1009; SL 1955, ch 20; SL 1963, ch 40, § 4; SL 2016, ch 44, § 26.
S.D. Codified Laws § 7-2-11 — SD Code / Title 7 / Chapter 2 / Section 7-2-11
Legislative representation of consolidated county
Status: in_force

The new county is entitled to the same number of members in the Legislature that the counties had in the aggregate before consolidation, and such number must be elected at each general election until a new apportionment.

Source: SL 1893, ch 45, § 13; RPolC 1903, § 787; RC 1919, § 5766; SDC 1939, § 12.0309; SL 2024, ch 26, § 14.
S.D. Codified Laws § 7-25-9 — SD Code / Title 7 / Chapter 25 / Section 7-25-9
Security posted by bidders on construction contract--Return of security to unsuccessful bidders
Status: in_force

Each bid shall contain a certified check, cashier's check, or bank money order, in the sum equal to five percent of the amount of the bid. The check or money order shall be certified or issued by either a state or national bank domiciled within this state made payable to the county or the county treasurer. In lieu of a check or money order, a bid bond for ten percent of the bid may be submitted. The bond shall be issued by a surety authorized to do business in this state and payable to the county or the county treasurer as a guaranty that the bidder will enter into contract, if the contract is awarded to the bidder, and furnish a bond as provided by this chapter. If the successful bidder forfeits a check, money order, or bid bond, the proceeds of the check, money order, or bid bond shall be turned into the county general fund. The check, money order, or bid bond of each unsuccessful bidder shall be, by the board, immediately returned to the bidder. No more time may elapse between the opening of the bids and either the acceptance of the bid of the lowest responsible bidder, or the rejection of all bids presented than is permitted in subdivision 5-18A-5(7).

Source: SL 1874-5, ch 27, § 49; PolC 1877, ch 21, § 45; CL 1887, § 609; SL 1889, ch 49, § 1; SL 1895, ch 53, § 1; RPolC 1903, § 849; SL 1915, ch 129; RC 1919, § 5885; SDC 1939, § 12.2308; SL 1955, ch 22; SL 1963, ch 51; SL 1969, ch 24; SL 1979, ch 46, § 1; SL 1987, ch 72; SL 2011, ch 2, § 114.
S.D. Codified Laws § 7-25A-27 — SD Code / Title 7 / Chapter 25A / Section 7-25A-27
Defeasance of bondholders--Provisions determined by board--Surplus funds
Status: in_force

The board may make such provision with respect to the defeasance of the right, title, and interest of the holders of any of the bonds and obligations of the district in any revenues, funds, or other properties by which such bonds are secured as the board deems appropriate. The board without limitation on the foregoing, may provide that when the bonds or obligations become due and payable or have called for redemption and the whole amount of the principal and interest and premium, if any, due and payable upon the bonds or obligations then outstanding shall be held in trust for such purpose and provision shall also be made for paying all other sums payable in connection with such bonds or other obligations, then and if the right, title, and interest of the holders of the bonds in any revenues, funds, or other properties by which such bonds are secured shall thereupon cease, terminate and become void. The board may apply any surplus in any sinking fund established in connection with such bonds or obligations and all balances remaining in all other funds or accounts other than money held for the redemption or payment of the bonds or other obligations to any lawful purpose of the district as the board shall determine.

Source: SL 1989, ch 59, § 27.
S.D. Codified Laws § 7-12-28 — SD Code / Title 7 / Chapter 12 / Section 7-12-28
Failure to perform duty or account for fees as misdemeanor
Status: in_force

Every sheriff who intentionally fails or refuses to perform any official duty for which a fee is prescribed by law, or who fails or refuses to render a full and true report to the county of all fees charged by his office, is guilty of a Class 1 misdemeanor.

Source: SL 1917, ch 190, § 1; RC 1919, § 5966; SDC 1939, § 12.9911; SL 1978, ch 58, § 4; SL 1981, ch 43, § 6.
S.D. Codified Laws § 7-11-18 — SD Code / Title 7 / Chapter 11 / Section 7-11-18
Action against treasurer and sureties on failure to settle or pay over money
Status: in_force

If any county treasurer fails to make return or settlement or to pay over all money with which the treasurer may stand charged at the time and in the manner prescribed by law, the county auditor, on receiving instructions from the state auditor or from the county commissioners, shall institute a suit against either the treasurer or the surety, or both, in the circuit court of the county.

Source: SL 1868-9, ch 25, § 99; PolC 1877, ch 28, § 95; CL 1887, § 1656; RPolC 1903, § 2233; RC 1919, § 6949; SDC 1939, § 12.0802; SL 2016, ch 44, § 19.
S.D. Codified Laws § 7-14-5 — SD Code / Title 7 / Chapter 14 / Section 7-14-5
Delivery to county treasurer of property found on body--Action for recovery
Status: in_force

The coroner must within thirty days after an inquest upon a dead body deliver to the county treasurer any money or other property which may be found upon the body, not expended for burial expenses as provided in § 7-14-3 , unless claimed in the meantime by the legal representatives of the decedent. If he fails to do so, the treasurer may proceed against him for its recovery by a civil action in the name of the county.

Source: PolC 1877, ch 21, § 84; CL 1887, § 679; RPolC 1903, § 914; RC 1919, § 5970; SDC 1939, § 12.1103.
S.D. Codified Laws § 7-30-9 — SD Code / Title 7 / Chapter 30 / Section 7-30-9
Termination of lease on nonpayment of rent
Status: in_force

Any lease for more than the current calendar year shall terminate on the last day of January of any year unless the lessee pays prior thereto the amount of the annual rental for the next succeeding year to the county treasurer.

Source: SL 1937, ch 86, § 5; SDC 1939, § 12.2215; SL 1983, ch 49, § 2.
S.D. Codified Laws § 7-25A-5 — SD Code / Title 7 / Chapter 25A / Section 7-25A-5
Order establishing district--Appointment of additional members to board--Term of office
Status: in_force

Upon conclusion of the hearing, if the county commission determines all requirements of § 7-25A-4 have been satisfied, the commission may enter an order granting the establishment of the district and setting forth its findings and conclusions. If an order is entered granting establishment of the district, the county commission shall appoint two additional members to the board of supervisors. However, if the proposed district is within the three mile radius of a municipality, the county commission shall appoint one member, and the municipal governing body shall appoint one member. An appointed member shall serve until replaced by the governing body responsible for the appointment or until the first election and may not be an elected official of the county or the municipality.

Source: SL 1989, ch 59, § 5.
S.D. Codified Laws § 7-6-2 — SD Code / Title 7 / Chapter 6 / Section 7-6-2
Form and casting of ballots for selection of county seat--Application of general election law
Status: in_force

The ballots used at said election for the location of the county seat shall be in such form as the county commissioners shall prescribe, and such ballots shall be separate from the ballots cast and used for the election of state, county, and other officers, and shall be received and deposited in a separate ballot box, and the municipality receiving a majority of all the votes cast shall be the county seat, and the votes cast shall be returned, canvassed, and certified as provided by law for the return of votes at any general election.

Source: SDC 1939, § 12.0501; SL 1992, ch 60, § 2.
S.D. Codified Laws § 7-21-9 — SD Code / Title 7 / Chapter 21 / Section 7-21-9
Commissioners' meeting for consideration of budget--Hearing of interested persons
Status: in_force

At the time and place designated in the notice required by § 7-21-8 , the board shall meet for the purpose of considering the provisional budget. The board may adjourn from day to day for further consideration. The board's minutes shall include the day and hour to which each meeting is adjourned. At such meetings any person interested in the provisional budget may appear, either in person or by representative, and shall be permitted to fully discuss the provisional budget and all of the purposes, objects, items, schedules, appropriations, amounts, estimates, and matters contained in the provisional budget. All consideration and hearings on the provisional budget shall be fully concluded by October first of each year.

Source: SDC 1939, § 12.2005; SL 1994, ch 66, § 1; SL 2001, ch 39, § 2.
S.D. Codified Laws § 7-21-43 — SD Code / Title 7 / Chapter 21 / Section 7-21-43
Apportionment of unused balance in delinquent tax fund
Status: in_force

If, after all certificates of indebtedness drawn against any delinquent tax fund shall have been fully paid, there remains any balance in such fund, such balance shall be apportioned to the several funds for which money was borrowed in proportion to the total amount of taxes levied for each fund in such fiscal year, and such fund shall thereupon be terminated and all delinquent taxes for such year thereafter paid shall be apportioned to the funds for which the same were originally levied.

Source: SL 1927, ch 79, § 16; SDC 1939, § 12.2014.
S.D. Codified Laws § 7-9-18 — SD Code / Title 7 / Chapter 9 / Section 7-9-18
Failure by register to collect, record, report or pay over fees as theft
Status: in_force

Any register of deeds who shall neglect or omit to charge or collect the fees allowed by law for services rendered by him, or shall fail to keep a record of the same, or to make a correct statement thereof to the county auditor, or to pay over such fees to the county treasurer as provided in § 7-9-17 , with intent to evade the provisions of said section, shall be guilty of theft.

Source: SL 1890, ch 134, §§ 2, 4; RPolC 1903, § 1828; RC 1919, § 5923; SDC 1939, § 12.9905; SL 1981, ch 43, § 3.
S.D. Codified Laws § 7-18A-17 — SD Code / Title 7 / Chapter 18A / Section 7-18A-17
Description in petition of referred matters
Status: in_force

If the matter intended to be covered by a referendum petition is the whole of any ordinance or resolution, the petition shall contain the title of such ordinance or the subject of such resolution, and the date of its passage, but if only a portion of such ordinance or resolution is intended to be covered by the petition, such portion shall be set out at length.

Source: SL 1975, ch 82, § 27.
S.D. Codified Laws § 7-18A-35 — SD Code / Title 7 / Chapter 18A / Section 7-18A-35
Disposition of fines and penalties
Status: in_force

All fines, penalties, and forfeitures collected for violations of a county ordinance, resolution, or charter shall be distributed in accordance with § 16-2-34 .

Source: SL 1975, ch 82, § 4; SL 1984, ch 12, § 7.
S.D. Codified Laws § 7-8-30 — SD Code / Title 7 / Chapter 8 / Section 7-8-30
Filing of appeal and transcript--Docketing--Hearing and determination
Status: in_force

An appeal and transcript, if a transcript exists, shall be filed by the auditor as soon as practicable and shall stand for trial as soon as possible.

Each appeal taken to the circuit court shall be docketed as other causes pending in circuit court. Each cause shall be heard and determined de novo, except any appeal relating to a conditional use permit determination. An appeal relating to a conditional use permit determination shall be heard and determined pursuant to § 11-2-61.1 .

Source: SL 1868-9, ch 4, §§ 33, 34; SL 1874-5, ch 27, §§ 32, 33; PolC 1877, ch 21, §§ 48, 49; CL 1887, §§ 612, 613; RPolC 1903, §§ 852, 853; RC 1919, §§ 5888, 5889; SDC 1939, § 12.0620; SL 2018, ch 68, § 3.
S.D. Codified Laws § 7-10-10 — SD Code / Title 7 / Chapter 10 / Section 7-10-10
Calculation of adjusted taxes upon cancellation of historical society moratorium--Payment deadline
Status: in_force

If a county treasurer receives a notice from the State Historical Society Board of Trustees pursuant to § 1-19A-22 , the county auditor shall calculate the taxes that would have been paid on such property had the tax moratorium not been in place and send a tax notice to the owner of such property for the difference between the amount of taxes paid on such property since it was given a moratorium and the amount of tax that would have been paid without the tax moratorium. Such taxes shall be paid by November thirtieth of the year the tax notice was provided and, if delinquent, such property may be sold for such taxes.

Source: SL 1992, ch 6, § 2.
S.D. Codified Laws § 7-31-45 — SD Code / Title 7 / Chapter 31 / Section 7-31-45
Appointment of county agents for management and sale of school mortgage and tax-deed lands
Status: in_force

The board of county commissioners of any county in this state which has an area of two hundred fifty thousand acres or more in which five percent or more of the taxable land of said county has been acquired, or which is subject to acquisition by the county, through the foreclosure of school - loan mortgages or through tax - deed proceedings or other source, except lands owned and held by the county for public use, may, in their discretion and whenever they deem it in the best interests of the county, employ any necessary agent or agents to expedite the rental and sale of real property acquired by the county and to assist the county treasurer in instituting tax - deed proceedings against property upon which the county holds or may hereafter acquire tax sale certificates.

Source: SL 1937, ch 87, § 1; SDC 1939, § 12.2218.
S.D. Codified Laws § 7-1-33 — SD Code / Title 7 / Chapter 1 / Section 7-1-33
Hughes County boundaries
Status: in_force

Beginning at the intersection of the third standard parallel north and the tenth guide meridian west of the fifth principal meridian, thence west and along said third standard parallel to the center of the main channel of the Missouri River; thence down the center of the main channel of said river to its intersection with the tenth guide meridian west in township one hundred nine north; thence north and along said tenth guide meridian to the place of beginning, and also all that tract or parcel of land lying and being in the Missouri River and known as Farm Island.

Source: SL 1872-3, ch 16, § 32; SL 1891, ch 45, § 2; SDC 1939, § 12.0134.
S.D. Codified Laws § 7-9-14 — SD Code / Title 7 / Chapter 9 / Section 7-9-14
Replacement of unusable indexes--Completion of incomplete indexes--Admissibility in evidence
Status: in_force

In any county where the register of deeds shall have failed to make or keep proper indexes of the records of that office which by the laws of this state are required to be made or kept, or, where deterioration or destruction from any cause any such indexes become unusable or likely to become unusable by reason of continued use, the board of county commissioners shall have authority to cause such indexes to be made or copied, or cause any incompleted indexes to be completed from the records of that office and may employ competent persons for such purposes.

Such indexes when so made, or copied, or completed and when approved by the board of county commissioners shall be received and admitted in evidence in any court of competent jurisdiction in the same manner as if they had been made and kept as heretofore required by law. Any such indexes which have been heretofore so made, or copied, or completed and approved shall likewise be admissible in evidence.

Source: SL 1937, ch 82; SDC 1939, § 12.0706; SL 1955, ch 18.
S.D. Codified Laws § 7-7-1.10 — SD Code / Title 7 / Chapter 7 / Section 7-7-1.10
Procedure upon vacancy of a combined office
Status: in_force

If the offices are combined pursuant to § 7-7-1.2 and a vacancy occurs in one of the combined offices, the county commission shall appoint the remaining officer to hold the newly combined position until an officer can be nominated and elected.

Source: SL 1989, ch 65.
S.D. Codified Laws § 7-16-24 — SD Code / Title 7 / Chapter 16 / Section 7-16-24
Consolidation of office of state's attorney to create office of regional prosecutor
Status: in_force

Any board of county commissioners may by resolution propose to consolidate the office of state's attorney with any other county or counties to create an office of regional prosecutor. The board of county commissioners may negotiate and enter into an agreement concerning the services and functions of the office of the regional prosecutor.

Source: SL 1996, ch 54, § 1.
S.D. Codified Laws § 7-13-2 — SD Code / Title 7 / Chapter 13 / Section 7-13-2
Jurisdiction and powers of constables for county
Status: in_force

Such county constables shall have the same powers and jurisdiction throughout the entire county as a township or other constable has within his district; such county constables may serve process and make levies in the same manner and effect as the sheriff, and conduct other official proceedings throughout the county in the same manner and effect as a township or other constable within his district.

Source: SDC 1939, § 12.1501; SL 1961, ch 32, § 1; SL 1973, ch 126, § 1.
S.D. Codified Laws § 7-18A-30 — SD Code / Title 7 / Chapter 18A / Section 7-18A-30
Admissibility of ordinances and resolutions as evidence
Status: in_force

An original ordinance or resolution, the record in the ordinance book or a certified copy thereof, or any compilation or revision of ordinances purporting to be printed under the authority of a board are admissible in evidence without further proof.

Source: SL 1975, ch 82, § 16.
S.D. Codified Laws § 7-25A-4 — SD Code / Title 7 / Chapter 25A / Section 7-25A-4
Factors for consideration--Requirements
Status: in_force

The county commission, in considering the petition, shall determine whether all the following requirements have been met:

(1) That all statements contained within the petition have been found to be true and correct;

(2) That the creation of the district is not inconsistent with any applicable comprehensive plan or effective local government plan;

(3) That the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community;

(4) That the probable beneficial impact of the district outweighs any probable adverse socioeconomic impact of the proposed district.

Source: SL 1989, ch 59, § 4.
S.D. Codified Laws § 7-21-20.1 — SD Code / Title 7 / Chapter 21 / Section 7-21-20.1
State and federal grants expended without budget--Publication
Status: in_force

Any funds made available after the final budget is adopted by a county from state and federal grants for expenditure by the county shall be paid into the county treasury and may be expended without specific provision in the annual budget of the county. In this case the commissioners shall publish, in the official newspaper of the county, the purpose for which the expenditures were made and to whom the expenditures were made.

Source: SL 1973, ch 42, § 1; SL 1980, ch 56, § 1.
S.D. Codified Laws § 7-2-1.3 — SD Code / Title 7 / Chapter 2 / Section 7-2-1.3
Study committee final report--Contents
Status: in_force

The study committee must submit a final report to the board of county commissioners of each affected county within one hundred and eighty days after the study committee is created. The study committee shall consider and include in the report:

(1) The fiscal impact of the proposed boundary change or county consolidation and the economic viability of the proposed county or the counties after the proposed boundary change;

(2) The comparative costs of providing services in the affected counties and the proposed consolidated county or the counties after the proposed boundary change;

(3) The projected revenues available to the affected counties and the proposed county or the counties after the proposed boundary change;

(4) The final boundaries of the proposed county or the proposed boundary change, including a map of those boundaries;

(5) The location of the county seat for the new county;

(6) The name of the new county;

(7) The procedure for the orderly and timely transfer of service functions and responsibilities after the consolidation or boundary change;

(8) The plan and procedure for equalizing the assets of the affected counties, and the procedure for negotiating and resolving any subsequent disagreement regarding the equalization of assets;

(9) The plan and procedure for repaying the debts of the current counties;

(10) The estimated taxes, assessments, or other authorized charges necessary to meet the liabilities in the first full fiscal year after the consolidation or boundary change;

(11) The structure or form of county government for the proposed county, and the selection, powers, duties, functions, qualifications and training, terms, and compensation of officers; and

(12) The application of the plan, if any, to each school district or other special taxing district withing the affected counties.

The report must be made available to any interested person.

Source: SL 2024, ch 26, § 4.
S.D. Codified Laws § 7-9-27 — SD Code / Title 7 / Chapter 9 / Section 7-9-27
Duty of the county governing body to fund register of deeds--Gifts, grants, contributions, and funds from other sources
Status: in_force

The county register of deeds modernization and preservation relief fund may not be construed to diminish the duty of the county governing body to provide for funding for salaries, personnel, supplies, equipment and other expenses for the register of deeds, even if the funding is relative to technology and preservation in the performance of the duties of the register of deeds and any other laws relating thereto. The register of deeds may accept and fully retain any gifts, grants, contributions, or funds obtained from any other source for the purpose of carrying out the provisions of §§ 7-9-25 and 7-9-26 . The gifts, grants, contributions, or funds shall remain entirely with the respective county register of deeds modernization and preservation relief fund.

Source: SL 2012, ch 51, § 10.
S.D. Codified Laws § 7-25A-6 — SD Code / Title 7 / Chapter 25A / Section 7-25A-6
Filing of order required
Status: in_force

A certified copy of the order shall be filed with the register of deeds and auditor of each county in which the district is located.

Source: SL 1989, ch 59, § 6.
S.D. Codified Laws § 7-8-11 — SD Code / Title 7 / Chapter 8 / Section 7-8-11
Continuance in office of commissioners elected before decennial redistricting--Designation of district represented--Elections in other districts
Status: in_force

Upon such redistricting, as to any member or members of such board whose term or terms of office extend for an additional two years beyond the next election, the tenure of office shall not be affected, and in redistricting the county such board shall designate the district or districts to be represented by such member or members, the district or districts so designated to be a district or districts which would elect a commissioner at the next general election following that to be held in the year of such redistricting. Such commissioner may or may not be a resident of the district he is designated to represent. Each district for which representation is not provided by such designation or designations shall, at the next ensuing general election, elect a commissioner, the term of office to be determined as provided in § 7-8-1 .

Source: SL 1890, ch 66, § 1; RPolC 1903, § 813; SL 1915, ch 124; RC 1919, § 5864; SL 1937, ch 75; SL 1937, ch 88, § 4; SDC 1939, § 12.0608; SL 1966, ch 22.
S.D. Codified Laws § 7-21-4 — SD Code / Title 7 / Chapter 21 / Section 7-21-4
Filing and examination of auditor's report
Status: in_force

All reports made by the county auditor under § 7-21-3 , after being examined by the board, shall be filed in the office of the county auditor and shall be subject to inspection and examination by all interested persons during all office hours of such county auditor.

Source: SL 1927, ch 79, § 13; SDC 1939, § 12.2011.
S.D. Codified Laws § 7-16A-8 — SD Code / Title 7 / Chapter 16A / Section 7-16A-8
Facilities and supplies for office
Status: in_force

If an office of public defender has been established the board of county commissioners shall provide appropriate facilities, including office space, furniture, equipment, books, postage, supplies, and interviewing facilities in the jail, necessary for carrying out the public defender's duties.

Source: SL 1978, ch 152, § 8.
S.D. Codified Laws § 7-9-7.1 — SD Code / Title 7 / Chapter 9 / Section 7-9-7.1
Report of information in recorded instruments
Status: in_force

The register of deeds shall make the information collected pursuant to § 7-9-7 available to the director of equalization and the secretary of revenue in the same manner as is required by § 7-9-10 .

Source: SL 1991, ch 61, § 3.
S.D. Codified Laws § 7-29-16 — SD Code / Title 7 / Chapter 29 / Section 7-29-16
Exchange of national forest lands with United States--Notice
Status: in_force

The various counties of this state are hereby empowered to take advantage of the act of Congress of March 20, 1922, (42 U.S. Stat., 465) and acts amendatory thereto, relating to the consolidation of national forests, and for that purpose the board of county commissioners of any county shall have authority to sell or otherwise dispose of lands acquired by such county through tax sale proceedings located within the boundaries of any forest or within five miles of the boundaries of any national forest which are chiefly valuable for national forest purposes, to the United States Government, at private sale at such price and upon such terms and conditions as the said board of county commissioners may deem advisable and to the best interests of the county. Before any such sale or transfer is effected, notice of such contemplated sale or transfer shall be given as required by the said acts of Congress and such notice shall be in lieu of any notice required by the laws of this state relating to the sale of such lands.

Source: SL 1931, ch 112; SDC 1939, § 57.1126.
S.D. Codified Laws § 7-21-32.2 — SD Code / Title 7 / Chapter 21 / Section 7-21-32.2
Transfer of appropriation for contingencies
Status: in_force

No expenditures shall be charged to the line item authorized for by § 7-21-6.1 , but such appropriated amount may be transferred, by resolution of the board, to any other appropriation in which insufficient amounts were provided or for items for which no appropriation was provided. When transfers are made from the contingency budget to other appropriations, whose revenue is provided by other than general fund revenues, a transfer of fund balances may be made from the county general fund to such other fund in the amount of the budget transfer.

Source: SL 1974, ch 66, §§ 1, 2.
S.D. Codified Laws § 7-3-1 — SD Code / Title 7 / Chapter 3 / Section 7-3-1
Petition for division of county--Contents and filing--Minimum size of new county
Status: in_force

If fifteen percent of the registered voters, based upon the total number of registered voters at the last preceding general election, residing in any portion consisting of not less than twenty - four congressional townships or any portion consisting of not less than one hundred million dollars of real property valuation of any organized county in this state shall petition the county commissioners of such county for division thereof and for the organization of a new county or counties, setting forth in the petition the lines upon which the petitioners desire such county to be divided and the boundaries of the proposed new county or counties, together with the name or names they desire to be given the proposed new county or counties in which such petitioners reside, the county commissioners of such county shall submit the question of the division of such county to the voters thereof at the next general election. Such petition must be filed with the county auditor not later than the first Monday in July of any general election year.

Each county shall, after division as prayed for in such petition, contain not less than twenty - four congressional townships or not less than one hundred million dollars of real property valuation, or no election may be ordered.

Source: SL 1907, ch 100, § 1; RC 1919, § 5770; SDC 1939, § 12.0401; SL 1982, ch 59; SL 1987, ch 67, § 2.
S.D. Codified Laws § 7-8-20.2 — SD Code / Title 7 / Chapter 8 / Section 7-8-20.2
Determination by commissioners of right to reward--Payment
Status: in_force

Applications for a reward authorized by § 7-8-20.1 or any part thereof shall be filed with the county commissioners who shall determine the rights of the applicants thereto and cause warrants to be issued upon the general fund of the county for such portion of the reward as is found to be due thereon.

Source: SL 1919, ch 147; SL 1921, ch 165; SDC 1939, § 12.1910; SDCL, § 23-13-16; SL 1978, ch 164, § 4.
S.D. Codified Laws § 7-3-12 — SD Code / Title 7 / Chapter 3 / Section 7-3-12
Expenses of auditor-general--Apportionment and payment by counties
Status: in_force

For the work herein provided, the auditor - general shall be paid at the rate and in the manner fixed by law for such auditor - general, and the expense of making such apportionment shall be charged to each of the counties and the amount thereof apportioned to each county ratably upon the basis of the last equalized assessment previous to the division. It shall be the duty of the officers of the proper counties immediately after such service has been rendered to issue warrants therefor as provided by law in other cases.

Source: SL 1917, ch 175, § 5; RC 1919, § 5780; SDC 1939, § 12.0407.
S.D. Codified Laws § 7-1-2 — SD Code / Title 7 / Chapter 1 / Section 7-1-2
Aurora County boundaries
Status: in_force

Beginning at the northeast corner of township one hundred five north of range sixty - three, west of the fifth principal meridian; thence west and along the township line between townships one hundred five and one hundred six, to the northwest corner of township one hundred five north of range sixty - six west; thence south along the range line between ranges sixty - six and sixty - seven to the southwest corner of township one hundred one north of range sixty - six west; thence east and along the base line to the southwest corner of township one hundred one north of range sixty - three west; thence north and along the range line between ranges sixty - two and sixty - three west, to the place of beginning.

Source: SL 1879, ch 12, § 10; SL 1881, ch 42, § 1; SL 1883, ch 23, § 1; SDC 1939, § 12.0103.
S.D. Codified Laws § 7-8-26.2 — SD Code / Title 7 / Chapter 8 / Section 7-8-26.2
Health self-insurance plan for county officers and employees
Status: in_force

A board of county commissioners may elect to provide group health insurance for its officers and employees and their immediate families under a plan of self-insurance in whole or in part. Any county self-insuring pursuant to this section shall purchase sufficient stop loss insurance and maintain sufficient reserves to ensure the availability of funds for the payment of benefits provided under the self-funded plan.

Source: SL 1983, ch 42, § 2; SL 1994, ch 61, § 1; SL 2013, ch 32, § 1.
S.D. Codified Laws § 7-12-12 — SD Code / Title 7 / Chapter 12 / Section 7-12-12
Vehicles and equipment furnished to sheriff by county--Mileage payments not made
Status: in_force

Any county may, at the discretion of the board of county commissioners, furnish any motorcycle, automobile, truck or other vehicle, uniforms and other equipment to the sheriff or his deputies, or both, for law enforcement purposes only. In those counties furnishing motor vehicles, notwithstanding the provisions of this chapter for mileage payments in lieu of expenses, no mileage payments may be paid to sheriffs, deputy sheriffs or other county law enforcement personnel for whom motor vehicles are furnished.

Source: SDC 1939, § 12.1012 as enacted by SL 1963, ch 40, § 7; SL 1970, ch 47.
S.D. Codified Laws § 7-3-4 — SD Code / Title 7 / Chapter 3 / Section 7-3-4
Apportionment of bonded indebtedness after division of county--Bonds and tax levy of new county
Status: in_force

Any bonded indebtedness of such original county shall be apportioned to each division ratably upon the basis of the last equalized assessment previous to the division thereof and each of such divisions shall be charged with, assume, and pay its just portion of such debt upon the basis of such apportionment; and each new division shall, as soon as organized as a county, issue its bonds to meet its portion of such bonded debt. Such bonds shall be made payable to the original county, shall bear the same rate of interest, be of similar tenor, and shall mature on the same date as the outstanding bonds of the original county on account of which the bonds of the new county are issued. The county commissioners of each new county shall annually levy and collect a tax to pay the interest on the bonds issued hereunder as it shall accrue and to meet and discharge the principal thereof at maturity, and the original county shall retain such bonds and not be allowed to dispose of or sell the same.

Source: SL 1907, ch 100, § 3; SL 1909, ch 81; RC 1919, § 5772; SDC 1939, § 12.0403.
S.D. Codified Laws § 7-29-27 — SD Code / Title 7 / Chapter 29 / Section 7-29-27
Lease or conveyance of real property to provide health care
Status: in_force

By majority vote of its members, a board of county commissioners may lease or convey, upon such conditions as the board shall set forth, real property for the purpose of providing health care.

Source: SL 1989, ch 30, § 21.
S.D. Codified Laws § 7-18-5 — SD Code / Title 7 / Chapter 18 / Section 7-18-5
Report of commissioners' proceedings to be sent to official newspapers
Status: in_force

The county auditor shall make a full and complete report of the proceedings of each regular and special meeting of the board and send a copy to the official newspapers. The report shall be sent within one week from the time each meeting is held.

Source: CL 1887, § 620; SL 1895, ch 54, § 1; RPolC 1903, § 860; RC 1919, § 5896; SDC 1939, § 12.1807; SL 1947, ch 41; SL 1957, ch 26; SL 1963, ch 47; SL 2016, ch 44, § 45.
S.D. Codified Laws § 7-1-44 — SD Code / Title 7 / Chapter 1 / Section 7-1-44
McCook County boundaries
Status: in_force

Beginning at the northeast corner of township one hundred four north of range fifty - three west of the fifth principal meridian, thence west and along the first standard parallel north, to the northwest corner of township one hundred four north of range fifty - six west; thence south and along the range line between ranges fifty - six and fifty - seven west, to the southwest corner of township one hundred one north of range fifty - six west; thence east and along the base line to the southeast corner of township one hundred one north of range fifty - three west; thence north and along the range line between ranges fifty - two and fifty - three west, to the place of beginning.

Source: SL 1872-3, ch 16; SL 1879, ch 12; SL 1881, ch 46, § 1; SDC 1939, § 12.0145.
S.D. Codified Laws § 7-25-3 — SD Code / Title 7 / Chapter 25 / Section 7-25-3
County commissioners authorized to construct and improve buildings--Maximum expenditure authorized without voters' approval
Status: in_force

The board of county commissioners shall have authority to provide for the erection, renovation, improvement, remodeling, alteration, addition to, and repairing of courthouses, jails, memorial buildings, which may contain an auditorium, and other necessary buildings within and for the county and to make contracts on behalf of the county for such purposes; but no expenditure for these purposes, greater than can be paid for out of the annual revenue of the county for the current year, including for courthouse, office, and jail buildings the revenue from the special levy provided by § 7-25-1 , together with the amount of any debt service fund theretofore provided for such purpose, shall be made unless the question of such expenditure shall have first been submitted to a vote of the qualified voters of such county and shall have been approved by a majority of the votes so cast; and the board shall determine the amount and rate of taxes to be submitted to a vote for such purpose.

Source: SL 1868-9, ch 4, § 27; SL 1874-5, ch 27, § 27; PolC 1877, ch 21, § 43; CL 1887, § 607; RPolC 1903, § 847; SL 1913, ch 153; RC 1919, § 5883; SL 1920 (SS), ch 42; SDC 1939, § 12.2302; SL 1959, ch 31, § 1.
S.D. Codified Laws § 7-3-22 — SD Code / Title 7 / Chapter 3 / Section 7-3-22
County commissioners' discretion in transcription of records
Status: in_force

Any matter pertaining to the transcribing of such records, not before specifically designated, shall be left to the discretion of the board of county commissioners of such newly organized county subject to the right of appeal as provided by law.

Source: SL 1915, ch 132, § 5; RC 1919, § 5785; SDC 1939, § 12.0414.
S.D. Codified Laws § 7-25A-1 — SD Code / Title 7 / Chapter 25A / Section 7-25A-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Board" or "board of supervisors," the governing board of the district;

(2) "Bond," any general obligation bond, assessment bond, refunding bond, revenue bond, and other obligation in the nature of a bond as is provided for in this chapter, as the case may be. This term includes "certificate" and the provisions which are applicable to bonds are equally applicable to certificates;

(3) "Cost," if used with reference to any project, includes, but is not limited to:

(a) The expenses of determining the feasibility or practicability of acquisition, construction, or reconstruction;

(b) The cost of surveys, estimates, plans, and specifications;

(c) The cost of improvements;

(d) Engineering, fiscal and legal expenses and charges;

(e) The cost of all labor, materials, machinery, and equipment;

(f) The cost of all lands, properties, rights, easements, and franchises acquired;

(g) Financing charges;

(h) The creation of initial reserve and debt service funds;

(i) Working capital;

(j) Interest charges incurred or estimated to be incurred on money borrowed prior to and during construction and acquisition and for a reasonable period of time after completion of construction or acquisition as the board may determine;

(k) The cost of issuance of bonds pursuant to this chapter, including advertisements and printing;

(l) The cost of any election held pursuant to this chapter and all other expenses of issuance of bonds;

(m) The discount, if any, on the sale or exchange of bonds;

(n) Administrative expenses; and

(o) Such other expenses as may be necessary or incidental to the acquisition, construction, or reconstruction of any project or to the financing thereof, or to the development of any lands within the district;

(4) "District," the improvement district;

(5) "District roads," all highways, streets, roads, alleys, sidewalks, storm drains, bridges, and thoroughfares of all kinds and descriptions contained within the boundaries of the district;

(6) "Improvement district," a local unit of special purpose government which is created pursuant to this chapter and limited to the performance of those functions authorized by this chapter, the boundaries of which contain no less than three hundred twenty acres, the governing head of which is a body created, organized, and authorized to function specifically as prescribed in this chapter;

(7) "Landowner" or "owner," any individual, firm, or corporation, public or private, or public agency, who has legal title to real property as shown by the records of the register of deeds of the county in which the real property is situated;

(8) "Local government," a county, municipality, or any political subdivision thereof;

(9) "Project," any development, improvement, property, utility, facility, works, or service now existing or hereafter undertaken or established under the provisions of subdivisions 7-25A-7(21) and (22);

(10) "Sewer system," any plant, system, facility, or property, and additions, extensions, and improvements thereto at any future time constructed or acquired as part thereof, useful or necessary or having the present capacity for future use in connection with the collection, treatment, purification, or disposal of sewage, including, without limitation, industrial wastes resulting from any process of industry, manufacture, trade, or business or from the development of any natural resource;

(11) "Water management and control facilities," any lakes, canals, ditches, reservoirs, dams, levees, sluiceways, floodways, pumping stations, or any other works, structures or facilities for the conservation, control, development, utilization, and disposal of water, and any purposes appurtenant, necessary, or incidental thereto;

(12) "Water system," any plant, system, facility, or property and additions, extensions, and improvements thereto at any future time constructed or acquired as part thereof, useful or necessary or having the present capacity for future use in connection with the development of sources, treatment, or purification and distribution of water.

Source: SL 1989, ch 59, § 1; SL 2011, ch 39, § 1; SL 2011, ch 136, § 4.
S.D. Codified Laws § 7-8-26.5 — SD Code / Title 7 / Chapter 8 / Section 7-8-26.5
Reinsurance arrangement required for self-insurance
Status: in_force

No county or group of counties may provide group health insurance under a plan of self - insurance pursuant to § 7-8-26.2 unless the county or group of counties has a reinsurance arrangement.

Source: SL 1994, ch 61, § 3.
S.D. Codified Laws § 7-18-19 — SD Code / Title 7 / Chapter 18 / Section 7-18-19
County authorized to provide funds for air carrier air service
Status: in_force

A county may pay compensation to a regularly scheduled commercial air carrier to provide basic or enhanced air service as provided in the Airport and Airway Safety and Capacity Expansion Act of 1987 and may provide compensation to a regularly scheduled air carrier under contract with the South Dakota Airline Authority. Funds provided by a county to pay compensation for such air service shall be budgeted pursuant to chapter 7-21 .

Source: SL 1988, ch 376, § 2; SL 1990, ch 377, § 1.
S.D. Codified Laws § 7-22-4 — SD Code / Title 7 / Chapter 22 / Section 7-22-4
Numbering of warrants--Record maintained by auditor
Status: in_force

All such warrants shall be progressively numbered, and the numbers, date, and amount of each, and the name of the person to whom payable, and the purpose for which drawn, shall at the time of issuing the same be entered in a book kept by the auditor for that purpose.

Source: SL 1887, ch 10, § 7; CL 1887, § 652; RPolC 1903, § 887; RC 1919, § 5948; SDC 1939, § 12.0906.
S.D. Codified Laws § 7-31-28 — SD Code / Title 7 / Chapter 31 / Section 7-31-28
Recording of notice of default
Status: in_force

A copy of the notice with proof of service thereof, and the affidavit of the county auditor showing that the purchaser has not complied with the terms of the notice, may be recorded with the register of deeds and shall be prima facie evidence of the facts therein stated.

Source: SL 1941, ch 37; SDC Supp 1960, § 12.3404 (11).
S.D. Codified Laws § 7-1-60 — SD Code / Title 7 / Chapter 1 / Section 7-1-60
Sully County boundaries
Status: in_force

Beginning at the intersection of the third standard parallel north with the tenth guide meridian west of the fifth principal meridian, thence north and along said tenth guide meridian to the fourth standard parallel north; thence west and along said fourth standard parallel to the center of the main channel of the Missouri River; thence down the center of the main channel of said river to the said third standard parallel north; thence east and along said third standard parallel to the place of beginning.

Source: SL 1872-3, ch 16, § 33; SL 1917, ch 178, § 1; SDC 1939, § 12.0161.
S.D. Codified Laws § 7-19-4 — SD Code / Title 7 / Chapter 19 / Section 7-19-4
Resolution for compromise of mortgage indebtedness
Status: in_force

The compromise authorized by § 7-19-3 shall be by resolution duly made and entered of record, setting forth the description of the land secured by said mortgage, the amount due thereon for principal, interest, and taxes, and the sum for which said mortgaged indebtedness is being compromised, which said resolution shall be passed by a unanimous affirmative vote of said board of county commissioners.

Source: SL 1935, ch 81, § 2; SDC 1939, § 12.1916.
S.D. Codified Laws § 7-8-26 — SD Code / Title 7 / Chapter 8 / Section 7-8-26
Hospital and medical insurance contracts for county officers and employees
Status: in_force

The board of county commissioners may enter into group hospital and medical insurance contracts for the protection and benefit of its officers and employees, and the immediate families of those officers and employees. The board may pay all or part of the necessary premiums for its officers and employees and for the immediate families of those officers and employees.

Source: SDC 1939, § 12.0617 (13) as added by SL 1957, ch 17; SL 1983, ch 41, § 1; SL 1991, ch 59, § 1.
S.D. Codified Laws § 7-11-3 — SD Code / Title 7 / Chapter 11 / Section 7-11-3
Additional security required of treasurer by county commissioners--Failure to give security creating vacancy in office
Status: in_force

The board of county commissioners may require the county treasurer to give additional sureties whenever in its opinion the existing security shall have become insufficient; and such board is authorized to demand and receive from the county treasurer an additional bond as required by law, with good and sufficient security, in such sum as such board may direct whenever in its opinion more money shall have passed or is about to pass into the hands of such treasurer than could be recovered under the penalty in the previous bond. If any county treasurer shall fail or refuse to give such additional security or bond within ten days after having been required so to do, his office shall be considered vacant and another treasurer shall be appointed.

Source: SL 1868-9, ch 25, §§ 101, 102; PolC 1877, ch 28, §§ 97, 98; CL 1887, §§ 1658, 1659; RPolC 1903, §§ 2235, 2236; RC 1919, §§ 6950, 6951; SDC 1939, § 12.0801.
S.D. Codified Laws § 7-12-22 — SD Code / Title 7 / Chapter 12 / Section 7-12-22
Prisoner transportation expenses--State reimbursement
Status: in_force

The county shall pay all necessary expenses, including travel, incurred in the transportation of adult and juvenile prisoners to state correctional institutions. The county may be reimbursed by the state from funds appropriated for such purpose.

Source: SDC 1939, § 12.1007; SL 1959, ch 27; SL 1963, ch 40, § 3; SL 1968, ch 12; SL 1974, ch 64; SL 1975, ch 83, § 1; SL 1989, ch 20, § 64; SL 1996, ch 53, § 1; SL 1996, ch 172, § 72; SL 1999, ch 35, § 1.
S.D. Codified Laws § 7-25-11 — SD Code / Title 7 / Chapter 25 / Section 7-25-11
Execution of construction contracts
Status: in_force

All contracts shall be made and set forth in writing and shall be signed on behalf of the board by the chairman and attested by the county auditor with the county seal affixed after such contract has been voted upon and carried by a majority of the board.

Source: SL 1874-5, ch 27, § 49; PolC 1877, ch 21, § 45; CL 1887, § 609; SL 1889, ch 49, § 1; SL 1895, ch 53, § 1; RPolC 1903, § 849; SL 1915, ch 129; RC 1919, § 5885; SDC 1939, § 12.2308; SL 1955, ch 22; SL 1963, ch 51.
S.D. Codified Laws § 7-18-29 — SD Code / Title 7 / Chapter 18 / Section 7-18-29
Authority of county commissioners to regulate hawkers, peddlers, pawnbrokers, ticket scalpers or employment agencies
Status: in_force

Each board of county commissioners may license, tax, regulate, or prohibit any hawkers, peddlers, pawnbrokers, ticket scalpers, or employment agencies not otherwise licensed, taxed, regulated, or prohibited pursuant to § 9-34-8 .

Source: SL 1994, ch 64, § 3.
S.D. Codified Laws § 7-18A-9 — SD Code / Title 7 / Chapter 18A / Section 7-18A-9
Initiated measures--Number of voters required
Status: in_force

The right to propose ordinances and resolutions for the government of a county shall rest with five percent of the registered voters in the county, based upon the total number of registered voters at the last preceding general election.

Source: SL 1975, ch 82, § 19; SL 1987, ch 67, § 6.
S.D. Codified Laws § 7-11-19 — SD Code / Title 7 / Chapter 11 / Section 7-11-19
Profiting from use of county funds as theft--Liability on official bond
Status: in_force

The making of profit and converting the profit to private use or benefit, directly or indirectly, by the county treasurer out of any money in the county treasury with the custody of which the treasurer is charged, by using, loaning, or depositing the profit in any manner, is theft. In addition the treasurer is liable upon the official bond for the profits realized by the unlawful use of the county funds.

Source: SL 1897, ch 104, § 4; RPolC 1903, § 352; RC 1919, § 6890; SDC 1939, § 12.9906; SL 1981, ch 43, § 5; SL 2016, ch 44, § 20.
S.D. Codified Laws § 7-16B-19 — SD Code / Title 7 / Chapter 16B / Section 7-16B-19
Calculation of disbursements and each county's share--Certification of assessment
Status: in_force

Prior to January thirty-first, the board shall calculate the actual disbursements from the county legal expense relief fund in the previous calendar year and shall compute each participating county's share utilizing the formula established in § 7-16B-20 . The board shall certify each participating county's share of the total assessment to the county auditor before the last day of January, April, July, and October. Each participating county shall remit its share of the county legal expense relief fund to the board within thirty days of certification.

Source: SL 1992, ch 55, § 7; SL 2012, ch 52, § 1.
S.D. Codified Laws § 7-7-1.8 — SD Code / Title 7 / Chapter 7 / Section 7-7-1.8
Ordinance combining with other counties a county office
Status: in_force

Notwithstanding the provisions of § 7-7-1.1 , the board of county commissioners may by ordinance combine with one or more other counties a county office. That person shall be elected to and perform the duties of the combined offices.

Source: SL 1988, ch 65, § 7.
S.D. Codified Laws § 7-1-1 — SD Code / Title 7 / Chapter 1 / Section 7-1-1
Names and boundaries unchanged--Prima facie boundary descriptions
Status: in_force

The names and boundaries of the several counties of this state shall be and remain as now fixed and determined, until changed in the manner provided by law. The following sections shall be deemed to show the boundaries of such counties correctly until the contrary is definitely established.

Source: RPolC 1903, § 749; RC 1919, § 5729; SDC 1939, § 12.0101.
S.D. Codified Laws § 7-9-9 — SD Code / Title 7 / Chapter 9 / Section 7-9-9
Alphabetical indexes of instruments affecting real property
Status: in_force

In addition to the numerical indexes required by § 7-9-8 , there shall be kept one index of the deeds, contracts, and other instruments, not liens merely, and another of the mortgages and other instruments which are liens affecting title to real property, which indexes shall show the names of the grantors and grantees, dates of instruments, dates of filing, and description of property affected.

Source: SL 1887, ch 134; CL 1887, §§ 629, 630; RPolC 1903, §§ 870, 871; RC 1919, § 5914; SDC 1939, § 12.0704.
S.D. Codified Laws § 7-20-14 — SD Code / Title 7 / Chapter 20 / Section 7-20-14
Active depositories not limited by maximum amount--Authority to exceed statutory maximum
Status: in_force

The limit of deposit which may be carried or deposited in any bank by the county treasurer, as provided in § 7-20-10 , does not apply to any bank designated as active depositories. However, no county treasurer may deposit in a bank more than the limit provided for by § 7-20-10 unless the county treasurer receives express authority from the board of county commissioners evidenced by a resolution of such board authorizing the deposit of a greater amount.

Source: SL 1927, ch 80, § 1; SDC 1939, § 12.0819; SL 2016, ch 44, § 56.
S.D. Codified Laws § 7-11-4.2 — SD Code / Title 7 / Chapter 11 / Section 7-11-4.2
Bad check--Collection procedure--Removal as asset
Status: in_force

If a county receives an insufficient fund or no account check, the county shall institute a collection procedure. If after one hundred eighty days the county has not received payment for the insufficient fund or no account check, the county treasurer may, with the majority approval of the board of county commissioners, remove the insufficient fund or no account check as an asset of the county.

Source: SL 1983, ch 48; SL 1994, ch 63.
S.D. Codified Laws § 7-12-6 — SD Code / Title 7 / Chapter 12 / Section 7-12-6
Deputy sheriff to act on disqualification or incapacity of sheriff--Coroner to serve papers on sheriff
Status: in_force

If the sheriff is sued, the coroner shall serve the papers on the sheriff. The return on all papers served by the coroner has the same credit as the sheriff's return. The coroner shall receive the same fees as the sheriff receives for like services.

If the sheriff is disqualified or incapacitated, a deputy sheriff shall exercise the powers and duties of the office of sheriff so far as such disqualification or incapacity of the sheriff is required or needed.

Source: SL 1874-5, ch 27, § 88; PolC 1877, ch 21, § 67; CL 1887, § 663; RPolC 1903, § 898; RC 1919, § 5968; SDC 1939, § 12.1101; SL 1968, ch 16, § 3; SL 2016, ch 44, § 25.
S.D. Codified Laws § 7-9-15.1 — SD Code / Title 7 / Chapter 9 / Section 7-9-15.1
Immunity from personal liability for bad checks
Status: in_force

A register of deeds is not personally liable for any insufficient - funds or no - account checks or uncollectible accounts receivable for any transaction collected or charged if the register of deeds exercised due diligence and if such collections or charges arise in the course of the register of deeds' official duties. The collection and removal procedures of §§ 7-11-4 and 7-11-4.2 also apply to transactions of the register of deeds office.

Source: SL 1999, ch 32, § 3.
S.D. Codified Laws § 7-30-14 — SD Code / Title 7 / Chapter 30 / Section 7-30-14
Lease of residential property from month to month--Offer of higher rental
Status: in_force

If such real estate is to be leased for residence purposes only, and does not include the lease of any agricultural or grazing lands, it may be leased on terms of month - to - month leasing by resolution of the county commissioners without public auction or advertising. The resolution of the county commissioners in such cases shall recite the monthly rental of such property. If any person shall offer to pay in advance a monthly rental twenty - five percent in excess of the rental then being paid for such residence property, the county commissioners must accept the same upon deposit of such rental in advance.

Source: SDC 1939, § 12.2212.
S.D. Codified Laws § 7-26-1 — SD Code / Title 7 / Chapter 26 / Section 7-26-1
County monument to veterans--Maintenance and repair
Status: in_force

The board of county commissioners may erect in a suitable place a monument suitable to honor and perpetuate the memory of all American veterans from the county. The board shall provide continued maintenance and repair of the monument.

Source: SL 1907, ch 232, § 1; RC 1919, § 5844; SDC 1939, § 12.2306; SL 1980, ch 58, § 2; SL 1985, ch 77, § 9; SL 2011, ch 40, § 1.
S.D. Codified Laws § 7-25A-42 — SD Code / Title 7 / Chapter 25A / Section 7-25A-42
Commission's authority to order termination or contraction
Status: in_force

The county commission of the county in which the majority of land in the area in which the district is located, upon petition, may order the expansion, termination, or contraction of an improvement district as provided by this chapter.

Source: SL 1989, ch 59, § 42; SL 1990, ch 52, § 8.
S.D. Codified Laws § 7-13-4 — SD Code / Title 7 / Chapter 13 / Section 7-13-4
Fees of constables--Record filed with county auditor
Status: in_force

County constables may collect the same fees as are allowed sheriffs for like services. The constables shall keep a daily record of all moneys collected and file a copy of that record with the county auditor by the fifteenth day of the following month.

Source: PolC 1877, ch 39, § 19; CL 1887, § 1421; RPolC 1903, § 1839; RC 1919, § 6027; SDC 1939, § 12.1502; SL 1981, ch 55, § 2.
S.D. Codified Laws § 7-3-6 — SD Code / Title 7 / Chapter 3 / Section 7-3-6
Sale of county bonds based on advertising and award before division
Status: in_force

When such original county has, by and through its board of county commissioners, duly advertised for sale its funding bonds so voted and authorized, and has awarded such bonds to the highest and best bidder therefor pursuant to the advertisement for bids, it shall be unnecessary to advertise for sale, the funding bonds to be issued by the new county or counties and the original county as provided in § 7-3-5 , but each county may through its board of county commissioners sell and deliver its bonds hereby authorized to the person or persons and under the terms mentioned in the award of the original county as aforesaid.

Source: SL 1907, ch 100, § 3; SL 1909, ch 81; RC 1919, § 5772; SDC 1939, § 12.0403.
S.D. Codified Laws § 7-29-19 — SD Code / Title 7 / Chapter 29 / Section 7-29-19
County acquisition of land for donation to United States
Status: in_force

The board of county commissioners is hereby granted the power to appropriate moneys out of the general funds of the county for the purpose of acquiring lands, easements, rights of way, and any other interests in lands to be donated to the United States as provided in § 7-29-18 , and to exercise the right of eminent domain to acquire such lands, easements, rights-of-way, and other interests in said lands.

Source: SL 1941, ch 39, § 2; SDC Supp 1960, § 12.06 17-1 .
S.D. Codified Laws § 7-21-16.3 — SD Code / Title 7 / Chapter 21 / Section 7-21-16.3
Borrowing limit
Status: in_force

The money borrowed pursuant to § 7-21-16.2 may not exceed the sum of ninety-five percent of the amount of uncollected taxes levied by the county for the current fiscal year plus other receivables of the fund, including state or federal grant moneys, that have been earned by the county or committed by the state or federal governments but not collected at the date of borrowing.

Source: SL 2012, ch 53, § 2.
S.D. Codified Laws § 7-8A-8 — SD Code / Title 7 / Chapter 8A / Section 7-8A-8
Effect of adoption or discontinuance
Status: in_force

The adoption or the discontinuance of an optional form of county government, as provided in this chapter, does not affect any act or contract affirmed or ratified.

Source: SL 1986, ch 62, § 8.
S.D. Codified Laws § 7-16A-7 — SD Code / Title 7 / Chapter 16A / Section 7-16A-7
Qualifications of assistant defenders--Assignment to cases
Status: in_force

An assistant public defender, before employment, must be licensed to practice law in this state and be competent to counsel and defend a person charged with a crime. A public defender may assign and substitute his assistant public defenders to cases referred to the office of the public defender without prior approval of the court.

Source: SL 1978, ch 152, §§ 7, 11.
S.D. Codified Laws § 7-25A-25 — SD Code / Title 7 / Chapter 25A / Section 7-25A-25
District's authority to issue negotiable notes--Payment
Status: in_force

For the purpose of defraying costs and expenses, the district may issue negotiable notes, warrants, or other evidences of debt to be payable at such times, to bear such interest as the board may determine in compliance with law and to be sold or discounted at such price or prices and on such terms as the board may deem advisable. The board may provide for the payment thereof by pledging the whole or any part of the funds, revenues, taxes, and assessments of the district. All notes shall be authorized, issued, and sold as provided in chapter 6-8B , except no election may be held.

Source: SL 1989, ch 59, § 25.
S.D. Codified Laws § 7-1-27 — SD Code / Title 7 / Chapter 1 / Section 7-1-27
Gregory County boundaries
Status: in_force

Beginning at the point where the township line between townships one hundred and one hundred one north intersects the center of the main channel of the Missouri River, thence west and along said township line to its intersection with the tenth guide meridian west, being the northwest corner of township one hundred north of range seventy - three west of the fifth principal meridian; thence south and along said guide meridian to the boundary line between the states of South Dakota and Nebraska; thence east and along said state line to the center of the main channel of the Missouri River; thence northwesterly and up the center of the main channel of said Missouri River to the place of beginning.

Source: SL 1862, ch 18; SL 1872-3, ch 19; Act of Congress approved March 28, 1882; SL 1897, ch 46, § 1; SDC 1939, § 12.0128.
S.D. Codified Laws § 7-1-6 — SD Code / Title 7 / Chapter 1 / Section 7-1-6
Brookings County boundaries
Status: in_force

Beginning on the boundary line between the states of South Dakota and Minnesota where the township line between townships one hundred twelve and one hundred thirteen north intersects the same, thence west and along said township line to the northwest corner of township one hundred twelve north of range fifty - two, west of the fifth principal meridian; thence south and along the range line between ranges fifty - two and fifty - three west, to the southwest corner of township one hundred nine north of range fifty - two west; thence east and along the second standard parallel north to the boundary line between the states of Minnesota and South Dakota; thence north and along said state line to the place of beginning.

Source: SL 1862, ch 16; SL 1870-1, ch 10; SL 1872-3, ch 16, § 4; SDC 1939, § 12.0107.
S.D. Codified Laws § 7-16B-22 — SD Code / Title 7 / Chapter 16B / Section 7-16B-22
County legal expense relief board established--Appointment and term of members--Payment of board's costs
Status: in_force

There is established a county legal expense relief board to consist of five county commissioners from participating counties appointed by the executive board of the association of county commissioners established pursuant to § 7-7-28 . The executive board of the association may appoint an alternate board member to serve when the county legal expense relief board does not have a quorum at meeting. The alternate board member may be a county commissioner or a county manager appointed pursuant to § 7-8A-4 . Board members shall serve staggered terms of four years or until their term as county commissioner has expired. Per diem costs for the board shall be established by the executive board of the association and shall be paid from funds collected by the association.

Source: SL 1992, ch 55, § 10; SL 2011, ch 38, § 1.
S.D. Codified Laws § 7-16A-1 — SD Code / Title 7 / Chapter 16A / Section 7-16A-1
Establishment of office by commissioners' resolution
Status: in_force

Each board of county commissioners may, by resolution, establish and maintain an office of public defender to fulfill the requirements of § 23A-40-7 .

Source: SL 1978, ch 152, § 1.
S.D. Codified Laws § 7-8-8 — SD Code / Title 7 / Chapter 8 / Section 7-8-8
Continuance in office of commissioners elected before change in number of commissioners
Status: in_force

When a county is redistricted as provided by § 7-8-6 or 7-8-7 , the commissioners serving shall continue until their successors are elected or appointed and qualified and the previous district boundaries and commission shall, during such interval, continue for all purposes, except nomination and election of commissioners.

Source: SDC 1939, § 12.0606.
S.D. Codified Laws § 7-30-12 — SD Code / Title 7 / Chapter 30 / Section 7-30-12
Private lease of tracts not leased at annual auction
Status: in_force

Any tracts not leased at said annual auction or acquired thereafter may be privately leased by the county auditor, but for not less than the minimum price set by the board of county commissioners and for the current year only.

Source: SL 1937, ch 86, § 7; SDC 1939, § 12.2217.
S.D. Codified Laws § 7-14-7 — SD Code / Title 7 / Chapter 14 / Section 7-14-7
Coroner to account for property before fees paid
Status: in_force

Before auditing and allowing any account of the coroner the board of county commissioners must require from him a statement in writing of any money or other property found upon persons on whom inquests have been held by him, verified by his oath, to the effect that the statement is true, and that the money or property mentioned in it has been delivered to the legal representatives of the decedent or to the county treasurer.

Source: PolC 1877, ch 21, § 87; CL 1887, § 682; RPolC 1903, § 917; RC 1919, § 5973; SDC 1939, § 12.1104.
S.D. Codified Laws § 7-1-23 — SD Code / Title 7 / Chapter 1 / Section 7-1-23
Edmunds County boundaries
Status: in_force

Beginning at the northeast corner of township one hundred twenty - four north of range sixty - six west of the fifth principal meridian, thence west and along the sixth standard parallel north to the northwest corner of township one hundred twenty - four north of range seventy - three west; thence south and along the tenth guide meridian west, to the southwest corner of township one hundred twenty - one north of range seventy - three west; thence east and along the fifth standard parallel north to the southeast corner of township one hundred twenty - one north of range sixty - six west; thence north and along the range line between ranges sixty - five and sixty - six west, to the place of beginning.

Source: SL 1872-3, ch 16; SL 1885 (SS), ch 14, § 2; SDC 1939, § 12.0124.
S.D. Codified Laws § 7-31-5 — SD Code / Title 7 / Chapter 31 / Section 7-31-5
Lease of class two land--Conservation measures required
Status: in_force

Class two land shall be leased according to provisions prescribed by the board of county commissioners provided, however, no such lease shall be entered into unless the board of county commissioners in order to conserve and protect the existing forage resources of such county land and to restore the maximum carrying capacity of such land shall reserve the right to regulate and limit the amount of grazing thereon and to change the rentals annually in accordance with a variable scale of rental charges based on market prices for livestock or livestock products, the number and character of stock to be grazed, the carrying capacity of the land, or on any combination of these factors.

Source: SL 1939, ch 25, § 7; SDC Supp 1960, § 12.3410 (2).
S.D. Codified Laws § 7-12-24 — SD Code / Title 7 / Chapter 12 / Section 7-12-24
Prisoner transportation allowances not considered fees for salary purposes
Status: in_force

Reimbursement for expenses paid to the sheriff under §§ 7-12-21 and 7-12-22 may not be considered fees within the meaning of §§ 7-12-15 to 7-12-17 , inclusive.

Source: SDC 1939, § 12.1007 as added by SL 1963, ch 40, § 3; SL 1968, ch 12.
S.D. Codified Laws § 7-31-39 — SD Code / Title 7 / Chapter 31 / Section 7-31-39
Royalty agreements required in oil and gas leases
Status: in_force

All such leases as described in § 7-31-38 shall provide for the delivery to the said county in the pipeline to which said lessee may connect the wells, of a royalty of one - eighth of the oil or gas produced, saved, and marketed from the leased lands, or the equivalent proportion of the market value of such oil and gas in the field at the time of production, at the option of the said board of county commissioners; provided, however, no royalty shall be payable from oil or gas used in operations on the land for the development of oil or gas therefrom. Provided, further, that of the oil or gas so used, the same shall be in the proportion of seven - eighths belonging to the lessee or assigns, and one - eighth which but for such use would be delivered to the said county lessor.

Source: SL 1939, ch 165, § 1; SDC Supp 1960, § 42.0801.
S.D. Codified Laws § 7-7-28 — SD Code / Title 7 / Chapter 7 / Section 7-7-28
Formation of association of county commissioners and elected officials--Powers of association--Appropriations for dues
Status: in_force

The county commissioners and elected officials of any county may join with the commissioners and elected officials of other counties in formation of an association of county commissioners and elected officials of this state for the purpose of securing concerted action among the counties in behalf of such matters, measures and county affairs as the associations deem to be beneficial to and in the common interest of the counties. Such associations may hold meetings for the discussion and consideration of matters as affect the welfare of the counties.

The board of county commissioners may annually appropriate funds for the payment of reasonable annual dues in any such association.

Source: SDC 1939, § 12.1913 as added by SL 1961, ch 36; omitted SL 1964, ch 29; restored SL 1965, ch 28, § 1; SL 1972, ch 40, § 3; SL 1994, ch 60, § 2.
S.D. Codified Laws § 7-1-45 — SD Code / Title 7 / Chapter 1 / Section 7-1-45
McPherson County boundaries
Status: in_force

Beginning at the intersection of the range line between ranges sixty - five and sixty - six west of the fifth principal meridian, with the boundary line between the states of South Dakota and North Dakota, thence west and along said state line to the northwest corner of township one hundred twenty - eight north of range seventy - three west of the fifth principal meridian; thence south and along said range line between ranges seventy - three and seventy - four west, to the southwest corner of township one hundred twenty - five north of range seventy - three west; thence east and along the sixth standard parallel north, to the southeast corner of township one hundred twenty - five north of range sixty - six west; thence north and along the range line between said ranges sixty - five and sixty - six, to the place of beginning.

Source: SL 1872-3, ch 16; SL 1885 (SS), ch 14, § 1; SDC 1939, § 12.0146.
S.D. Codified Laws § 7-3-3 — SD Code / Title 7 / Chapter 3 / Section 7-3-3
Revision of commissioner districts after division of county
Status: in_force

Whenever the area of any county in this state has been altered by division or by the changing of its boundaries, it shall be the duty of the board of county commissioners of such county, at the first regular meeting thereafter, to establish commissioner districts in such county and fix the boundaries thereof in the manner provided by law for establishing commissioner districts and changing the boundaries thereof insofar as the same is applicable. Such commissioner districts so established and the boundaries so fixed shall remain as established and fixed until the same may be changed as provided by law. Whenever the organization of a new county results from such alteration, the same duty shall devolve upon the commissioners of the new county.

Source: SL 1915, ch 134; RC 1919, § 5786; SDC 1939, § 12.0415.
S.D. Codified Laws § 7-26-7 — SD Code / Title 7 / Chapter 26 / Section 7-26-7
Regulation and maintenance of abandoned cemeteries--Cemetery board of directors--Appointment--Powers--Reports--Appropriations
Status: in_force

The board of county commissioners may regulate and maintain abandoned rural cemeteries. The regulation and maintenance shall include, but is not limited to, the mowing and cutting of weeds and grass, the repairing of fences and corrective measures relative to grave markers. The board of county commissioners may appoint a cemetery board of directors to manage abandoned cemeteries or may assign management as well as funding responsibilities to any interested organization or individual. The board shall have the same powers as nonprofit corporations as provided in § 47-22-55 and shall submit annual reports to the board of county commissioners on its activities. Funds necessary to carry out the provisions of this section may be appropriated from the county general fund.

Source: SL 1973, ch 45, § 2; SL 1981, ch 57, § 2; SL 1991, ch 65.
S.D. Codified Laws § 7-18A-18 — SD Code / Title 7 / Chapter 18A / Section 7-18A-18
Signature requirements for referendum petition--Verification
Status: in_force

Voters signing a referendum petition shall comply with the requirements of § 7-18A-11 , and it shall be verified in accordance with § 7-18A-12 .

Source: SL 1975, ch 82, § 28.
S.D. Codified Laws § 7-18A-2 — SD Code / Title 7 / Chapter 18A / Section 7-18A-2
Authority to enact, amend, and repeal ordinances and resolutions--Penalties for violation
Status: in_force

Each county may enact, amend, and repeal such ordinances and resolutions as may be proper and necessary to carry into effect the powers granted to it by law and provide for the enforcement of each violation of any ordinance by means of any or all of the following:

(1) A fine not to exceed the fine established by subdivision 22-6-2(2) for each violation, or by imprisonment for a period not to exceed thirty days for each violation, or by both the fine and imprisonment; or

(2) An action for civil injunctive relief, pursuant to chapter 21-8 .

Source: SL 1975, ch 82, § 2; SL 1989, ch 67, § 1; SL 1991, ch 187, § 1; SL 2007, ch 39, § 1.
S.D. Codified Laws § 7-20-12 — SD Code / Title 7 / Chapter 20 / Section 7-20-12
Removal of officer neglecting to comply--Treasurer not liable for loss of money deposited in compliance
Status: in_force

Any county officer neglecting or refusing to comply with the provisions of §§ 7-20-1 to 7-20-11 , inclusive, is subject to removal from office. No county treasurer is liable on the county treasurer's official bond for any loss of money deposited in compliance with the provisions of these sections.

Source: SL 1897, ch 104, § 8; RPolC 1903, § 356; SL 1917, ch 204, § 2; RC 1919, §§ 6888, 6889; SL 1923, ch 297; SL 1925, ch 295; SL 1929, ch 98; SL 1937, ch 79; SDC 1939, § 12.0818; SL 1941, ch 29; SL 1957, ch 18; SL 1959, ch 24; SL 2016, ch 44, § 55.
S.D. Codified Laws § 7-22-8 — SD Code / Title 7 / Chapter 22 / Section 7-22-8
Warrant register maintained by treasurer--Form and information shown
Status: in_force

The treasurer of each organized county shall keep a warrant register which register shall show in a column arranged for that purpose the number, date, and amount of each warrant presented, the particular fund upon which the warrant is drawn, the date of presentation, the name and address of the person in whose name the warrant is registered, the date of payment when made, the amount of interest, and the total amount paid, with the date when notice to the person in whose name the warrant is registered is mailed.

Source: SL 1874-5, ch 74, § 2; PolC 1877, ch 50, § 2; CL 1887, § 1672; RPolC 1903, § 2252; SL 1913, ch 359; RC 1919, § 6974; SDC 1939, § 12.0811; SL 2016, ch 44, § 59.
S.D. Codified Laws § 7-18-3.1 — SD Code / Title 7 / Chapter 18 / Section 7-18-3.1
Names of poor relief recipients not published
Status: in_force

The name of any person receiving or who is entitled to poor relief as provided in chapter 28-13 may not be published as a part of the minutes of county commissioners meetings as provided in § 7-18-3 .

Source: SL 1975, ch 79, § 1; SL 2016, ch 44, § 43.
S.D. Codified Laws § 7-21-42 — SD Code / Title 7 / Chapter 21 / Section 7-21-42
Redemption of certificates of indebtedness from delinquent tax fund
Status: in_force

The treasurer shall, whenever there shall be any money in any delinquent tax fund sufficient to pay one or more of the certificates of indebtedness issued against such fund with accrued interest, call the same in for payment and redemption in the same manner that warrants against the general fund of the county are called in for payment and redemption, and interest on such certificates shall cease on the date specified in the notice calling such certificates in for payment.

Source: SL 1927, ch 79, § 16; SDC 1939, § 12.2014.
S.D. Codified Laws § 7-16A-11 — SD Code / Title 7 / Chapter 16A / Section 7-16A-11
Representation restricted to state courts--Federal matters excepted--Compensation paid by federal courts
Status: in_force

This chapter applies only to representation in the courts of this state, except that it does not prohibit a public defender from representing an indigent person in an action seeking relief other than the recovery of money damages in a federal court of the United States, if;

(1) The matter arises out of or is related to an action pending or recently pending in a court of criminal jurisdiction of the state;

(2) Representation is under a plan of the United States District Court as required by the Criminal Justice Act of 1964 (18 U.S.C. § 3006A) and is approved by the board of county commissioners;

(3) The matter arises out of an action pending in the juvenile courts of this state; or

(4) The matter arises out of an action pending for the involuntary commitment to the state hospital.

Any compensation paid by a federal court of the United States shall be placed directly in the public defender fund.

Source: SL 1978, ch 152, § 16.
S.D. Codified Laws § 7-8-32 — SD Code / Title 7 / Chapter 8 / Section 7-8-32
Appeal as exclusive remedy--Restrictions
Status: in_force

Appeal to the circuit court from decisions of the board of county commissioners, as provided in this chapter, is an exclusive remedy. Judicial review of county commission action shall be allowed only as provided in §§ 7-8-27 , 7-8-28 , 7-8-29 , 7-8-30 , and 7-8-31 .

Source: SL 1983, ch 44, § 7.
S.D. Codified Laws § 7-8-31 — SD Code / Title 7 / Chapter 8 / Section 7-8-31
Circuit court judgment and order on appeal from county commissioners
Status: in_force

The circuit court may make a final judgment and cause the same to be executed or may send the same back to the board of county commissioners with an order how to proceed, and require such board to comply therewith by mandamus or attachment as for contempt.

Source: SL 1868-9, ch 4, § 35; SL 1874-5, ch 27, § 34; PolC 1877, ch 21, § 50; CL 1887, § 614; RPolC 1903, § 854; RC 1919, § 5890; SDC 1939, § 12.0620.
S.D. Codified Laws § 7-18-26 — SD Code / Title 7 / Chapter 18 / Section 7-18-26
Public testimony--Authorization to sell gravel--Resale prohibited
Status: in_force

At a hearing held pursuant to §§ 7-18-24 to 7-18-27 , inclusive, the board of county commissioners shall take public testimony on the question of whether the county should sell gravel. If, after the hearing, the board determines that it is in the best interests of the residents of the county for the county to sell gravel, the board may authorize the sale of gravel by the county to the residents of such county for not less than the county's cost for such gravel. No person who purchases gravel from a county pursuant to this section may sell such gravel.

Source: SL 1992, ch 57, § 3.
S.D. Codified Laws § 7-18A-15 — SD Code / Title 7 / Chapter 18A / Section 7-18A-15
Referendum petition--Number of signatures required--Emergency measures excepted
Status: in_force

Any ordinance or resolution adopted by a board of county commissioners may be referred to a vote of the qualified voters of the county by the filing of a petition signed by five percent of the registered voters in the county, based upon the total number of registered voters at the last preceding general election, except such ordinances and resolutions as may be necessary for the immediate preservation of the public peace, health, or safety, or for the support of the county government and its existing public institutions.

Source: SL 1975, ch 82, § 25; SL 1988, ch 63, § 3.
S.D. Codified Laws § 7-8A-1 — SD Code / Title 7 / Chapter 8A / Section 7-8A-1
Adoption of optional form of government
Status: in_force

The electors of any county may adopt a board of county commissioners - appointed manager form of county government provided for by this chapter.

Source: SL 1986, ch 62, § 1.
S.D. Codified Laws § 7-18A-5 — SD Code / Title 7 / Chapter 18A / Section 7-18A-5
Reading, signing, filing, and publication required
Status: in_force

The title of all ordinances shall be read twice with at least five days intervening between the first and second reading. Any ordinance shall be signed by the chairman of the board or the acting chairman, filed with the county auditor and published once. However, an ordinance incorporating and adopting comprehensive regulations or a code promulgated, approved, and published by a recognized and established national organization prescribing building, electrical, plumbing, safety, fire, or health regulations need not be published in a newspaper, but, upon adoption of such an ordinance, the auditor shall publish a notice of the fact of adoption once a week for two successive weeks.

Source: SL 1975, ch 82, § 7; SL 1989, ch 68; SL 2021, ch 38, § 1.
S.D. Codified Laws § 7-18-18.1 — SD Code / Title 7 / Chapter 18 / Section 7-18-18.1
Deferred compensation program for volunteer advanced life support personnel
Status: in_force

Any county with volunteer advanced life support personnel may establish a deferred compensation program for its volunteer advanced life support personnel. Such a program may be financed by the county or by the volunteer advanced life support personnel and may be managed through the county or through an insurance company or other financial institution. Such program shall be established by ordinance. Each county shall establish requirements for participation in the program. Participation in the program of deferred compensation shall be at the option of the volunteer advanced life support personnel.

Source: SL 2011, ch 36, § 1.
S.D. Codified Laws § 7-19-6 — SD Code / Title 7 / Chapter 19 / Section 7-19-6
Validation of prior mortgage compromises by county commissioners
Status: in_force

Any school fund loan mortgage or courthouse or jail building fund mortgage compromised by any board of county commissioners before February 16, 1935, is hereby legalized and declared to be valid, if such compromise was made in good faith and in the interest and to the advantage of the county.

Source: SL 1935, ch 81, § 3; SDC 1939, § 12.1916.
S.D. Codified Laws § 7-21-26 — SD Code / Title 7 / Chapter 21 / Section 7-21-26
Excessive debts, liabilities, and payments void
Status: in_force

All orders, authorizations, allowances, contracts, payments, or agreements or liabilities to pay, made or attempted to be made in violation of this chapter, shall be void and shall never be the foundation of a claim against any county or against any institution or agency thereof, and all warrants, certificates, orders, or other evidences of indebtedness drawn or issued for the purpose of paying any indebtedness or liabilities incurred or created or attempted to be incurred or created in violation of the provisions of this chapter shall be void.

Source: SL 1927, ch 79, § 22; SDC 1939, § 12.2021.
S.D. Codified Laws § 7-25A-2 — SD Code / Title 7 / Chapter 25A / Section 7-25A-2
Petition for establishment of improvement district--Contents
Status: in_force

A petition for the establishment of an improvement district shall be filed with the auditor of each county in which the proposed district is located. The petition shall contain:

(1) The legal description of the property of the district;

(2) The written consent by the owner or owners of one hundred percent of the real property to be included in the district, consenting to the establishment of the district and the filing of the petition, or documentation demonstrating that the petitioner has control by deed, trust agreement, contract, or option of one hundred percent of the real property to be included in the district;

(3) A designation of five persons to be the initial members of the board of supervisors, who shall serve in that office until replaced by elected members;

(4) The proposed name of the district;

(5) An accurate survey and map of the territory intended to be embraced within the proposed district showing the boundaries and area thereof. The accuracy thereof shall be verified by affidavit of a licensed surveyor. The survey and map, when completed and verified, shall be left at a convenient public office, to be designated by the county auditor of the county in which the petition is filed, for a period of not less than twenty days for examination by those having an interest in the application;

(6) The proposed timetable for construction of the district services and the estimated cost of constructing the services;

(7) An economic impact statement of the district upon the county;

(8) An environmental impact survey; and

(9) A statement that the creation of the district is consistent with any applicable comprehensive or effective local government plan.

Source: SL 1989, ch 59, § 2.
S.D. Codified Laws § 7-30-1 — SD Code / Title 7 / Chapter 30 / Section 7-30-1
Real estate subject to lease--Place of offering at public auction--Annual leasing date
Status: in_force

All real estate belonging to any county in this state, and not required for immediate public use, may be leased as hereinafter provided. Such real estate, except such as is located within the area of a cooperative grazing association and leased to such association, shall be offered for lease at public auction at the courthouse of the county within which such real estate is situated. If there be no courthouse, then at the building in which the office of the county auditor is located. The annual leasing date of such property shall be fixed by the board of county commissioners each year and advertised accordingly.

Source: SL 1937, ch 86, § 1; SDC 1939, § 12.2212.
S.D. Codified Laws § 7-8-12.1 — SD Code / Title 7 / Chapter 8 / Section 7-8-12.1
Question as to legality of commissioner districts-Request grant of permission to revise boundaries
Status: in_force

Notwithstanding the provisions of § 7-8-10 , if a majority of the board of county commissioners of any county become aware of facts that call into question whether the county's commissioner districts comply with state or federal law, the board of county commissioners may request that the Governor and secretary of state grant the board permission to revise the boundaries of the county commissioner districts.

Source: SL 2005, ch 43, § 1.
S.D. Codified Laws § 7-8-29 — SD Code / Title 7 / Chapter 8 / Section 7-8-29
Time allowed for appeal--Service of notice--Transcript of proceedings
Status: in_force

Such appeal shall be taken within twenty days after the publication of the decision of the board by serving written notice upon any county auditor or commissioner, upon the state's attorney of that county, or upon any person appointed by the board pursuant to resolution to accept notice, when the appeal is taken by any person aggrieved by the decision of the board, and upon the person or persons affected by the decision of the board when the appeal is taken by the state's attorney.

Upon the filing of the required bond and the payment of fees, which are equal to those imposed by a register of deeds for like services, the county auditor shall make out a complete transcript of the proceedings of the board relating to the matter of the board's decision and deliver the transcript to the clerk of courts.

Source: SL 1874-5, ch 27, § 31; PolC 1877, ch 21, § 47; CL 1887, § 611; RPolC 1903, § 851; RC 1919, § 5887; SL 1921, ch 160; SDC 1939, § 12.0619; SL 2026, ch 30, § 1.
S.D. Codified Laws § 7-18-22 — SD Code / Title 7 / Chapter 18 / Section 7-18-22
Special events--Permits
Status: in_force

A county may require that the promoters of a special event secure a permit from the county before a special event may be conducted within the county unless the special event is carried on exclusively within the boundaries of a municipality. For the purposes of this section, a special event includes a fair, carnival, concert, public exhibition, or similar gathering except for special events sponsored, in whole or in part, by an accredited South Dakota educational institution. The promoter of a special event shall apply to the county treasurer upon forms provided by the county treasurer for a permit required by this section. The board of county commissioners may by resolution establish fees for a special event permit.

Source: SL 1991, ch 62, § 2.
S.D. Codified Laws § 7-10-9 — SD Code / Title 7 / Chapter 10 / Section 7-10-9
Action against auditor and sureties for misconduct or omission of duty
Status: in_force

An action may be brought against the county auditor and the sureties upon the official bond, in the name of the state and for its use, or for the use of any county or person injured by the misconduct in office of the auditor, or by the omission of any duty required of the auditor by law.

Source: SL 1887, ch 10, § 10; CL 1887, § 655; RPolC 1903, § 891; RC 1919, § 5951; SDC 1939, § 12.0910; SL 2016, ch 44, § 10.
S.D. Codified Laws § 7-9A-6 — SD Code / Title 7 / Chapter 9A / Section 7-9A-6
Quorum
Status: in_force

A majority of the members of the commission constitute a quorum for the transaction of business at a meeting of the commission. A majority of the members present and serving are required for official action of the commission.

Source: SL 2014, ch 47, § 6.
S.D. Codified Laws § 7-20-13 — SD Code / Title 7 / Chapter 20 / Section 7-20-13
Selection of active depositories
Status: in_force

In selecting depositories for the deposit of county funds, the board of county commissioners may designate one or more banks within the county as active depositories for the deposit and withdrawal, by the county treasurer, of daily receipts of cash, checks, drafts, and other cash items.

Source: SL 1927, ch 80, § 1; SDC 1939, § 12.0819.
S.D. Codified Laws § 7-25A-21 — SD Code / Title 7 / Chapter 25A / Section 7-25A-21
Designation of treasurer--Powers and duties--Disbursement of funds--Bond
Status: in_force

The board shall designate a person as treasurer of the district, who is in charge of the funds of the district. The funds may only be disbursed upon the order, or pursuant to the resolution, of the board by warrant or check countersigned by the treasurer and by such other person as may be authorized by the board. The board may give the treasurer other or additional powers and duties as the board deems appropriate and may fix the compensation for the treasurer. The board may require the treasurer to give a bond in such amount, on such terms, and with such sureties as is deemed satisfactory to the board to secure the performance by the treasurer of the powers and duties.

Source: SL 1989, ch 59, § 21; SL 2016, ch 44, § 67.
S.D. Codified Laws § 7-18-34 — SD Code / Title 7 / Chapter 18 / Section 7-18-34
Contributions to technical colleges
Status: in_force

Any county of this state may, through its county commissioners, contribute sums of money to provide general operating and capital support to any technical college and other career and technical education purposes. The funds necessary to execute this section may be appropriated from the county general fund, the capital outlay fund, or both.

Source: SL 2014, ch 93, § 2, eff. Mar. 28, 2014; SL 2020, ch 61, § 34.
S.D. Codified Laws § 7-5-5 — SD Code / Title 7 / Chapter 5 / Section 7-5-5
Laws applicable after county organization dissolved--Tax levy to pay indebtedness
Status: in_force

Such county so disorganized shall thereafter be subject to all the laws relating to unorganized counties, and all of the indebtedness of such county contracted when an organized county shall be paid out of taxes levied on the property in the territory embraced within the boundaries of such unorganized county as it previously existed as an organized county.

Source: SL 1943, ch 45, § 4; SDC Supp 1960, § 12.3304.
S.D. Codified Laws § 7-3-14 — SD Code / Title 7 / Chapter 3 / Section 7-3-14
Indexing and marginal notation by original county of records transferred to new county--Indexing and preservation in new county
Status: in_force

In all cases where any files delivered under the provisions of this chapter are indexed in the office of the original county, it shall be the duty of the custodian of such files, before delivering the same, to note in the margin or other proper place in such index that such files were delivered to the officers of the new county, naming it. All files received by any officer of a new county as herein provided shall be indexed and preserved by the proper officer of such county the same as new, original files or records.

Source: SL 1917, ch 174, § 1; RC 1919, § 5773; SDC 1939, § 12.0408.
S.D. Codified Laws § 7-7-2.1 — SD Code / Title 7 / Chapter 7 / Section 7-7-2.1
Closing of courthouse for emergency or severe weather
Status: in_force

The chair of the board of county commissioners may close the courthouse in case of emergency or severe weather. The public shall be adequately notified. An emergency for the purpose of this section is an unforeseen occurrence or combination of circumstances that calls for immediate action or remedy.

Source: SDCL § 7-7-2 as added by SL 1976, ch 68, §§ 1, 2; SL 2016, ch 45, § 1.
S.D. Codified Laws § 7-2-12 — SD Code / Title 7 / Chapter 2 / Section 7-2-12
Property of consolidated counties
Status: in_force

After consolidation, the property of each of the consolidated counties is the property of the new county.

Source: SL 1893, ch 45, §§ 11, 12; RPolC 1903, §§ 785, 786; RC 1919, §§ 5764, 5765; SDC 1939, § 12.0308; SL 1943, ch 24, § 2; SL 2024, ch 26, § 15.
S.D. Codified Laws § 7-9-22 — SD Code / Title 7 / Chapter 9 / Section 7-9-22
Suspicion of counterfeit recorded documents--Notice
Status: in_force

If a register of deeds has reason to believe that a document or instrument previously recorded is counterfeit pursuant to § 22-11-29 , the register of deeds shall provide written notice of the recording of the document or instrument to the stated or last known address of the person who owns any interest in the real property as the obligor or debtor and to any person who owns any interest in the real property described in the document or instrument.

Source: SL 1998, ch 41, § 1.
S.D. Codified Laws § 7-21-14 — SD Code / Title 7 / Chapter 21 / Section 7-21-14
Trust imposed by adoption of budget
Status: in_force

The adoption of such annual budget shall impose a trust upon the separate amounts therein set forth and contained and appropriated for the specific uses, purposes, objects, and items therein named.

Source: SL 1927, ch 79, § 9; SDC 1939, § 12.2007; SL 1951, ch 29, § 3.
S.D. Codified Laws § 7-12-21 — SD Code / Title 7 / Chapter 12 / Section 7-12-21
Reimbursement of travel expense outside county
Status: in_force

For all necessary expenses incurred as a result of official travel outside the county, not specifically provided for in § 7-12-18 , reimbursement shall be made by the board of county commissioners upon presentation of properly itemized vouchers.

Source: SDC 1939, § 12.1007 as added by SL 1963, ch 40, § 3; SL 1968, ch 12; SL 1984, ch 161, § 4.
S.D. Codified Laws § 7-18A-16 — SD Code / Title 7 / Chapter 18A / Section 7-18A-16
Time of filing referendum petition--Submission to voters required
Status: in_force

A petition to refer an ordinance or resolution subject to referendum may be filed with the auditor within twenty days after publication of the ordinance or resolution in the last to publish official county newspaper. The filing of the petition requires the submission of the ordinance or resolution to a vote of the qualified voters of the county for rejection or approval of the ordinance or resolution.

Source: SL 1975, ch 82, § 26; SL 2022, ch 20, § 1.
S.D. Codified Laws § 7-16-26 — SD Code / Title 7 / Chapter 16 / Section 7-16-26
Agreement to create office of regional prosecutor--Specifications of office
Status: in_force

Any two or more counties entering into an agreement to create an office of regional prosecutor may specify the following:

(1) The duties of the regional prosecutor on matters such as civil and criminal matters;

(2) The precise organization, composition, and nature of any separate legal or administrative entity created thereby together with the powers delegated thereto;

(3) The purposes, powers, rights, objectives, and responsibilities;

(4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor;

(5) The rate of compensation and the method of reimbursement for expenses;

(6) The location of the office;

(7) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; and

(8) Any other related matters.

Source: SL 1996, ch 54, § 3.
S.D. Codified Laws § 7-9-21 — SD Code / Title 7 / Chapter 9 / Section 7-9-21
Liability of register for refusal to record
Status: in_force

If a court determines that the register acted reasonably or in good faith in refusing to record a document that the register believed should not be recorded or a document that the register believed to be a counterfeit lien, the register is not liable for any civil damages resulting from the refusal.

Source: SL 1997, ch 45, § 3.
S.D. Codified Laws § 7-7-22 — SD Code / Title 7 / Chapter 7 / Section 7-7-22
Powers of deputies--Responsibility of elected officer
Status: in_force

Such deputies are authorized to sign all papers and do all other things which the officers themselves may do respectively, and the respective officers shall be responsible for the acts of their respective deputies.

Source: SL 1887, ch 10, § 8; CL 1887, § 653; RPolC 1903, § 890; RC 1919, § 5906; SDC 1939, § 12.1601; SL 1955, ch 21.
S.D. Codified Laws § 7-1-21 — SD Code / Title 7 / Chapter 1 / Section 7-1-21
Dewey County boundaries
Status: in_force

Beginning at the intersection of the township line between townships seventeen and eighteen, north Black Hills base line, with the center of the main channel of the Missouri River, thence west and along said township line to its intersection with the range line between ranges twenty - one and twenty - two, east Black Hills meridian; thence south and along said range line to its intersection with the forty - fifth parallel of north latitude; thence east and along said parallel to the intersection of the range line between ranges twenty - four and twenty - five, east Black Hills meridian and the said forty - fifth parallel of north latitude; thence south to the center of the main channel of the Cheyenne River; thence easterly and along the center of the main channel of said river to the center of the main channel of the Missouri River; thence north and along the center of the main channel of the Missouri River to the place of beginning.

Source: SL 1872-3, ch 19, § 7; SL 1874-5, ch 29, § 7; SL 1883, ch 16, § 3; SL 1883, ch 17, § 1; SL 1893, ch 46, § 1; SL 1895, ch 52, § 1; SL 1909, ch 133; SL 1911, ch 107, § 1; SDC 1939, §§ 12.0102, 12.0122; SL 1951, ch 37.
S.D. Codified Laws § 7-18-12 — SD Code / Title 7 / Chapter 18 / Section 7-18-12
Expenditures for industrial, tourist and recreational activities to nonprofit corporations or associations--Reports required--Inspection of books and records
Status: in_force

The board of county commissioners may promote industrial, tourist, and recreational activities and make payment from the general fund to nonprofit corporations or associations engaged in promotion either within or outside of the boundaries of the county. Any nonprofit corporation or association which accepts funds from a board of county commissioners, shall file an annual report of all receipts and expenditures with the county auditor not later than December thirty - first of each year. All books and records of the nonprofit corporation or association may be inspected by any member of the board of county commissioners, or by any agent or attorney representing the board, for any proper purpose at any reasonable time.

Source: SL 1969, ch 28; SL 1985, ch 77, § 6.
S.D. Codified Laws § 7-24-2 — SD Code / Title 7 / Chapter 24 / Section 7-24-2
Election on bonds--Issuance
Status: in_force

Bonds shall be authorized, issued and sold as provided in chapter 6-8B if a majority of all registered voters voting at the bond election authorize the bond issue.

Source: SL 1927, ch 65, § 1; SL 1931, ch 91, § 1; SL 1935, ch 64, § 1; SDC 1939, § 12.2105; SL 1957, ch 27, § 1; SL 1984, ch 43, § 63.
S.D. Codified Laws § 7-19-2 — SD Code / Title 7 / Chapter 19 / Section 7-19-2
County purchase of real estate sold on execution
Status: in_force

If any real estate is advertised to be sold at execution sale, held pursuant to any judgment in an action to which any county shall be a party, the board of county commissioners of the county may instruct the county auditor to bid on the real estate in the name of the county. The commissioners shall fix the maximum price for the auditor to bid for the real estate. The county auditor upon the receipt of the instructions shall attend the sale. The county auditor shall bid on the real estate, but may not exceed the maximum amount fixed by the board. The county auditor shall purchase the real estate at the lowest price at which the real estate can be procured. Any county may hold in its own name and for its own benefit all real estate acquired under the provisions of this section.

Source: SL 1891, ch 43, §§ 1 to 3; RPolC 1903, §§ 797 to 799; RC 1919, §§ 5793 to 5795; SDC 1939, § 12.1915; SL 2016, ch 44, § 53.
S.D. Codified Laws § 7-20-1.1 — SD Code / Title 7 / Chapter 20 / Section 7-20-1.1
Savings and loan associations as official depositories--Requirements--Maximum amount
Status: in_force

Domestic savings and loan associations whether chartered by this state or by the United States are official depositories for county funds; provided such funds are invested only in the accounts of such associations which are insured by the Federal Savings and Loan Insurance Corporation. The amount so invested in any one association may not exceed the amount which is covered by such insurance unless such association qualifies as a savings and loan depository as provided by chapter 4-6A .

Source: SL 1974, ch 303; SL 1982, ch 45, § 2; SL 2017, ch 54, § 2.
S.D. Codified Laws § 7-18A-14 — SD Code / Title 7 / Chapter 18A / Section 7-18A-14
Majority vote to approve initiated measure--Effective date
Status: in_force

No initiated ordinance or resolution is effective unless approved by a majority of the votes cast for and against the ordinance or resolution. If approved, the ordinance or resolution is effective the day following the completion of the canvass of the election returns.

Source: SL 1975, ch 82, § 24; SL 2016, ch 44, § 50; SL 2025, ch 37, § 2.
S.D. Codified Laws § 7-16-19.1 — SD Code / Title 7 / Chapter 16 / Section 7-16-19.1
Part-time state's attorney--Office at business address authorized
Status: in_force

The state's attorney of a county not employing a full-time state's attorney may maintain the Office of State's Attorney at the state's attorney's regular business address. The board of county commissioners may provide the state's attorney an allowance for fixed office overhead expenses in lieu of furnishing office space at the courthouse.

Source: SL 1982, ch 67; SL 2016, ch 44, § 31.
S.D. Codified Laws § 7-11-4 — SD Code / Title 7 / Chapter 11 / Section 7-11-4
Collection of taxes--Maintenance of delinquent taxpayer list
Status: in_force

The county treasurer shall collect and credit the taxes on behalf of the county and maintain the delinquent taxpayer list.

Source: SL 1868-9, ch 25, § 89; PolC 1877, ch 21, § 94; CL 1887, § 638; RPolC 1903, § 875; RC 1919, § 5925; SDC 1939, § 12.0803; SL 2016, ch 44, § 13.
S.D. Codified Laws § 7-1-43 — SD Code / Title 7 / Chapter 1 / Section 7-1-43
Lyman County boundaries
Status: in_force

Beginning at the intersection of the center of the main channel of the Missouri River with the base line forming the southern boundary line of the state of Minnesota extended across the Missouri River, thence west and along said base line to the tenth guide meridian west; thence north and along said tenth guide meridian to its intersection with the center of the main channel of White River; thence west and along the center of the main channel of said White River to its intersection with the west line of the fifth principal meridian survey, being the west range line of range seventy - nine west of said survey; thence north and along said west range line to the northern township line of township one hundred eight north of range seventy - nine west; thence east and along said north line of township one hundred eight north to the center of the main channel of the Missouri River; thence southeasterly down the center of the main channel of the said Missouri River to the north end of the island known as American Island; thence along the west bank of said island to the south end of said island to the point at or near the center of the main channel of said river; thence down the center of the main channel of said river to the place of beginning.

Source: SL 1872-3, ch 19; SL 1891, ch 41; SL 1897, ch 45, § 3; election of November, 1916, for division; SDC 1939, § 12.0144.
S.D. Codified Laws § 7-18A-31 — SD Code / Title 7 / Chapter 18A / Section 7-18A-31
Proof of compliance with procedural provisions not required unless controverted
Status: in_force

In any action or proceeding instituted pursuant to an ordinance or resolution passed pursuant to this chapter, it shall not be required to show compliance with the provisions of this chapter as to the passage or publication of any ordinance or resolution unless the same be controverted under oath.

Source: SL 1975, ch 82, § 17.
S.D. Codified Laws § 7-12-29 — SD Code / Title 7 / Chapter 12 / Section 7-12-29
Taking and holding animal suspected of being dangerous--Formal determination--Disposal of dangerous animal
Status: in_force

The sheriff may take possession of any animal suspected of being dangerous. The sheriff may hold such animal until a formal determination can be made of the extent of the danger such animal poses. If the animal has attacked or bitten a human or an animal pet, the formal determination shall include consultation with the department of health for the purposes of rabies control. The sheriff may dispose of any animal so determined to be dangerous.

Source: SL 1988, ch 71.
S.D. Codified Laws § 7-18-32 — SD Code / Title 7 / Chapter 18 / Section 7-18-32
Hearing required for lease of certain property
Status: in_force

If the governing body decides to lease any county - owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding five hundred dollars annual value it shall adopt a resolution of intent to enter into such lease and fix a time and place for public hearing on the adoption of the resolution. Notice of the hearing shall be published in the official newspaper once, at least ten days prior to the hearing. Following the hearing the governing body may proceed to authorize the lease upon the terms and conditions it determines.

Source: SL 1996, ch 55, § 3.
S.D. Codified Laws § 7-7-1.2 — SD Code / Title 7 / Chapter 7 / Section 7-7-1.2
Combining county offices
Status: in_force

The board of county commissioners may, by ordinance, combine two or more county offices and that one person shall be elected to, and perform the duties of, the combined offices.

Source: SL 1976, ch 66, § 1; SL 1987, ch 67, § 4; SL 1988, ch 65, § 2.
S.D. Codified Laws § 7-1-8 — SD Code / Title 7 / Chapter 1 / Section 7-1-8
Brule County boundaries
Status: in_force

Beginning at the northeast corner of township one hundred five north of range sixty - seven, west of the fifth principal meridian, thence west and along the township line between townships one hundred five and one hundred six north, to the center of the main channel of the Missouri River; thence southerly and down the center of the main channel of said Missouri River to the base line between townships one hundred and one hundred one north; thence east and along said base line to the southeast corner of township one hundred one north of range sixty - seven west; thence north and along the range line between ranges sixty - six and sixty - seven west, to the place of beginning; and also that tract or parcel of land lying and being in the Missouri River and known as American Island.

Source: SL 1874-5, ch 31; SL 1883, ch 14, § 1; SL 1891, ch 45, § 1; SDC 1939, § 12.0109.
S.D. Codified Laws § 7-21-30 — SD Code / Title 7 / Chapter 21 / Section 7-21-30
Constructive knowledge of county financial condition and limitations
Status: in_force

All officers, boards, and members of boards, and employees of every county and of all of its agencies and institutions and all other persons and corporations, shall be charged with notice of the financial condition of the county, and of all of its institutions and agencies, the limitations imposed by the budget thereof, the appropriations contained therein, the condition of each thereof, and the claims against the same.

Source: SL 1927, ch 79, § 23; SDC 1939, § 12.2022.
S.D. Codified Laws § 7-7-3 — SD Code / Title 7 / Chapter 7 / Section 7-7-3
Compensation of county commissioners
Status: in_force

The method of payment, whether per diem or salary, and the amount of per diem or salary shall be determined by the board of county commissioners in each county. If the per diem method is used, the county commissioners shall be allowed the per diem amount for each day they are actually and necessarily employed in the duties and business relating to county affairs and the duties of their office and in attending and returning from sessions of the board. The county commissioners shall be allowed mileage for the distance actually traveled in attending the meetings of the board, or when engaged in other official duties. The per diem shall be paid out of the general county fund. The per diem shall be set by the commission on the first regular meeting date in January of each year.

Source: SL 1868-9, ch 6, § 22; PolC 1877, ch 39, § 24; CL 1887, § 1424; SL 1891, ch 48, § 1; RPolC 1903, § 1841; SL 1903, ch 103; SL 1905, ch 77; SL 1909, ch 147; SL 1913, ch 150; SL 1915, ch 136; SL 1917, ch 187; RC 1919, § 5876; SL 1919, ch 150; SL 1921, ch 168; SL 1929, ch 97; SL 1933, ch 74; SDC 1939, § 12.1704; SL 1943, ch 28, § 1; SL 1947, ch 38, § 1; SL 1951, ch 26, § 1; SL 1953, ch 21; SL 1957, ch 22; SL 1963, ch 43; SL 1967, ch 17, § 1; SL 1971, ch 42, § 1; SL 1974, ch 57, § 1; SL 1975, ch 71; SL 1978, ch 53, § 1; SL 1989, ch 64; SL 2007, ch 36, § 1.
S.D. Codified Laws § 7-18A-25.1 — SD Code / Title 7 / Chapter 18A / Section 7-18A-25.1
Posting of ordinance book on county website
Status: in_force

If a county posts the ordinance book or any part of the book on the county's official website, the county shall ensure the most current version of the ordinance book or any part of the book is posted.

Source: SL 2019, ch 50, § 1.
S.D. Codified Laws § 7-8-24 — SD Code / Title 7 / Chapter 8 / Section 7-8-24
Memorial Day observance
Status: in_force

The board of county commissioners may appropriate funds for the observance of Memorial Day each year.

Source: SL 1907, ch 187, § 1; RC 1919, § 5901; SDC 1939, § 12.0617 (8); SL 2016, ch 45, § 2.
S.D. Codified Laws § 7-9-11 — SD Code / Title 7 / Chapter 9 / Section 7-9-11
Numbering and alphabetical index of instruments relating to personal property
Status: in_force

The register of deeds with whom any chattel mortgage, bill of sale, conditional sales contract, lien upon personal property, or other instrument affecting personal property, or authenticated copy of any thereof, is filed, must endorse a number upon the same in consecutive order, together with the time of receiving the same and must enter the name of every party thereto in a book kept for that purpose, alphabetically, placing mortgagors and mortgagees, vendors and vendees, obligors and obligees, under a separate head and stating in separate columns opposite each name, the number endorsed upon the instrument, its date, the date of filing, the nature of the instrument, and in case of a lien, the amount secured or claimed thereby.

Source: CivC 1877, § 1751; CL 1887, § 4386; RCivC 1903, § 2096; RC 1919, § 1581; SDC 1939, § 12.0705; SL 1941, ch 26.
S.D. Codified Laws § 7-8-12.3 — SD Code / Title 7 / Chapter 8 / Section 7-8-12.3
Revision of county commission districts--Notice
Status: in_force

The board of county commissioners may, within one hundred eighty days of receipt of such written order, redistrict the county's commission districts once to avoid any perceived or potential violation of state or federal law. The commissioners may change the boundaries of the commissioner districts in order that each district is as regular and compact in form as practicable and shall redistrict the county so that each commission district complies with the Equal Protection Clause of the Fourteenth Amendment, as determined by the last preceding federal decennial census; or the board may, at that time, choose to have commissioners elected at large. The board may choose to have its members elected from single-member districts, from multi-member districts, or from a hybrid plan of single- and multi-member districts. Redistricting may occur only after giving notice by publication for at least one week in the official newspapers of the county.

Source: SL 2005, ch 43, § 3; SL 2022, ch 19, § 2.
S.D. Codified Laws § 7-8-2.2 — SD Code / Title 7 / Chapter 8 / Section 7-8-2.2
Candidate to be resident of district at time of signing declaration of candidacy
Status: in_force

Any candidate for commissioner shall be a resident of the district for which the person is a candidate at the time the candidate signs the declaration of candidacy as required by § 12-6-8 .

Source: SL 2000, ch 33, § 1.
S.D. Codified Laws § 7-24-1 — SD Code / Title 7 / Chapter 24 / Section 7-24-1
Purposes for which county building bonds authorized
Status: in_force

Whenever any county having five hundred voters or more shall have been organized for four years or more and the county seat of such county has been permanently located as provided by law and the building or buildings occupied by such county for courthouse, office, or jail purposes are inadequate to the wants thereof or unsafe by reason of risk by fire or otherwise or whenever it is deemed necessary and for the best interests of said county to erect a suitable building or buildings for the care of the poor, such county may issue its bonds for the purpose of purchasing a site for a courthouse, office, or a jail building or for purchasing a site or grounds for a building or buildings suitable for the care of the county poor or for the erection of a courthouse, office, or jail, building or buildings suitable for the care of the poor under the restrictions and according to the provisions of this chapter.

Source: SL 1897, ch 49, § 1; RPolC 1903, § 970; RC 1919, § 6983; SL 1927, ch 78; SDC 1939, § 12.2105; SL 1957, ch 27, § 1.
S.D. Codified Laws § 7-31-34 — SD Code / Title 7 / Chapter 31 / Section 7-31-34
Method of sale of school mortgage lands unaffected
Status: in_force

Nothing in §§ 7-31-1 to 7-31-33 , inclusive shall change the method of sale of county - owned land acquired in satisfaction of a school - fund loan mortgage or through foreclosure of such except that the same may be classified, leased, and managed as provided in said sections.

Source: SL 1939, ch 25, § 5; SDC Supp 1960, § 12.3408.
S.D. Codified Laws § 7-11-1 — SD Code / Title 7 / Chapter 11 / Section 7-11-1
Treasurer as collector of taxes--Office at county seat--Receipt of county money
Status: in_force

The county treasurer is the collector of taxes. The treasurer shall maintain an office at the county seat. The treasurer shall receive all money belonging to the county from whatever source derived and other money which by law is directed to be paid to the treasurer.

Source: SL 1868-9, ch 25, § 89; PolC 1877, ch 21, §§ 93, 94; CL 1887, §§ 637, 638; RPolC 1903, §§ 874, 875; SL 1913, ch 206; SL 1917, ch 235; RC 1919, § 5925; SDC 1939, § 12.0803; SL 2016, ch 44, § 11.
S.D. Codified Laws § 7-8-7 — SD Code / Title 7 / Chapter 8 / Section 7-8-7
Redistricting and transition after decrease in number of commissioners
Status: in_force

If the election results in a majority for a decrease, the five or seven districts are thereby abolished and the board, within one hundred eighty days after the votes have been canvassed, shall redistrict the county into three or five numbered districts from each of which districts a commissioner shall be elected at the next general election, the term of office to be determined as provided in § 7-8-1 .

Source: SDC 1939 § 12.0605; SL 1998, ch 39, § 4; SL 2003, ch 40, § 3.
S.D. Codified Laws § 7-30-8 — SD Code / Title 7 / Chapter 30 / Section 7-30-8
Terms and conditions of lease
Status: in_force

The lease authorized under the provisions of this chapter shall be on such terms and conditions as the board of county commissioners may determine to be most advantageous to such county, unless otherwise provided by statute.

Source: SL 1937, ch 86, § 5; SDC 1939, § 12.2215; SL 1983, ch 49, § 1.
S.D. Codified Laws § 7-25-17 — SD Code / Title 7 / Chapter 25 / Section 7-25-17
Rental space provided county officers where courthouse or jail insufficient
Status: in_force

In any county where there is no courthouse or jail erected by the county, or no lodging for prisoners provided under a joint agreement pursuant to § 24-11-4 , or where those erected have not sufficient capacity, it shall be the duty of the board of county commissioners to provide for courtroom, jail, and offices for the following named officers: sheriff, treasurer, register of deeds, state's attorney, auditor, clerk of courts, and circuit court judge for the county, to be furnished by such county in a suitable building or buildings for the lowest rent to be obtained at the county seat, or to secure and occupy suitable rooms at a free rent within the limits of the county seat or any of the additions thereto until such county builds a courthouse.

Source: SL 1874-5, ch 27, § 26; PolC 1877, ch 21, § 42; SL 1885, ch 41, § 1; CL 1887, § 606; RPolC 1903, § 846; RC 1919, § 5882; SDC 1939, § 12.2301; SL 1971, ch 52.
S.D. Codified Laws § 7-31-42 — SD Code / Title 7 / Chapter 31 / Section 7-31-42
Customary provisions inserted in mineral, oil and gas leases
Status: in_force

The board of county commissioners is authorized to insert in the leases issued under the provisions of §§ 7-31-38 to 7-31-41 , inclusive, such general provisions as are customary and proper for the protection of the rights of the lessor and of the lessee of the leased lands, and not inconsistent or in conflict with the provisions of said sections.

Source: SL 1939, ch 165, § 5; SDC Supp 1960, § 42.0805.
S.D. Codified Laws § 7-25-20 — SD Code / Title 7 / Chapter 25 / Section 7-25-20
Sale and lease-back powers additional--Restrictions on exercise
Status: in_force

The powers conferred by § 7-25-19 are in addition to all other powers conferred upon the board of county commissioners of any county, and their exercise shall be subject only to such restrictions as may be provided by the South Dakota Constitution and are not subject to any restrictions or procedural requirements prescribed by any other law.

Source: SL 1984, ch 48, § 2.
S.D. Codified Laws § 7-10-1 — SD Code / Title 7 / Chapter 10 / Section 7-10-1
Auditor as clerk of county commissioners--Preservation and destruction of records
Status: in_force

The county auditor is the clerk of the board of county commissioners and shall keep an accurate record of its official proceedings and carefully preserve all of the documents, books, records, maps, and other papers required to be deposited or kept in his office and carefully perform such other acts and duties as are required by law. However, the county auditor may destroy any record which the records destruction board, acting pursuant to § 1-27-19 , declares to have no further administrative, legal, fiscal, research, or historical value.

Source: SL 1887, ch 10, § 4; CL 1887, § 649; RPolC 1903, § 885; RC 1919, § 5944; SDC 1939, § 12.0901; SL 1981, ch 45, § 2.
S.D. Codified Laws § 7-18-14 — SD Code / Title 7 / Chapter 18 / Section 7-18-14
Flood control cooperative agreements authorized
Status: in_force

Every county shall have power to enter into agreements with the United States, with the State of South Dakota and with any authorized agency, subdivision, or unit of government, federal or state, to cooperate with and furnish assurances of cooperation and sponsorship as required by federal or state law in preventing or controlling flooding.

Source: SL 1971, ch 48; SL 1972, ch 46.
S.D. Codified Laws § 7-33-1 — SD Code / Title 7 / Chapter 33 / Section 7-33-1
Commissioners authorized to provide system
Status: in_force

The board of county commissioners in each county of the state is authorized to plan, organize, and provide a solid wastes management system to adequately handle solid wastes generated or existing within the boundaries of such county.

Source: SL 1971, ch 50.
S.D. Codified Laws § 7-2-17 — SD Code / Title 7 / Chapter 2 / Section 7-2-17
Certification of municipal election results to county auditors--Submission to voters of counties
Status: in_force

If a majority of the voters of such municipality are in favor of the change, the auditor or clerk of such municipality, shall certify the result of such election to the county auditor of each county affected, and thereupon the county commissioners of each of such counties shall, at their regular July meeting succeeding the presentation of such certificate, provide that the question of change of the boundary lines of such counties shall be submitted to a vote at the next general election, as provided in § 7-2-1 . The filing of the certificate of the auditor or clerk of the municipality herein provided for, shall be in lieu of the petition required by § 7-2-1 .

Source: SDC 1939, § 12.0313 as enacted by SL 1943, ch 24, § 1; SL 1992, ch 60, § 2.
S.D. Codified Laws § 7-31-7 — SD Code / Title 7 / Chapter 31 / Section 7-31-7
Permit to erect improvements on leased land--Ownership of improvements
Status: in_force

Whenever any land of a county has been leased, the board of county commissioners may grant to the lessee of such land a permit to erect thereon buildings, corrals, fences, well apparatus, wells, dams, and other water facilities; provided, that in no event shall the county become liable for any material furnished for, nor any labor performed in such improvements. The said lessee shall be the owner of such improvements subject to the provisions of §§ 7-31-8 to 7-31-11 , inclusive.

Source: SL 1939, ch 25, § 9; SDC Supp 1960, § 12.3412.
S.D. Codified Laws § 7-29-18 — SD Code / Title 7 / Chapter 29 / Section 7-29-18
Donation of land and rights of way to United States for waterworks
Status: in_force

Whenever the board of county commissioners determines that it is in the public interest, and, in particular, to the interest of the county, said board is hereby authorized to donate by quitclaim deed to the United States of America the vested and after - acquired title to any lands now, or hereafter, belonging to such county, whether such lands be acquired by grant, donation, tax - title proceedings, or otherwise, for sites for dams, reservoirs, and power plants; and said board is further authorized to donate to the United States, over and upon any such acquired lands, easements and rights of way for canals, laterals, tunnels, roads, campsites, and telephone and transmission lines necessary to the construction and operation of any irrigation works or power plants constructed by or under the authority of the United States, and all conveyances by the county of such lands shall be made subject to the grant of such easements and rights of way. All conveyances shall be executed in the name of the county by the chairman of the board of county commissioners and attested by the county auditor.

Source: SL 1941, ch 39, § 1; SDC Supp 1960, § 12.06 17-1 .
S.D. Codified Laws § 7-8-41 — SD Code / Title 7 / Chapter 8 / Section 7-8-41
Passport applications--Assistance by county employees
Status: in_force

Any county employee designated by the board of county commissioners may apply to the United States State Department to assist in the execution of United States passport applications. Any fees collected but not remitted to the United States State Department shall be deposited in the county general fund.

Source: SL 2011, ch 37, § 1, eff. March 7, 2011.
S.D. Codified Laws § 7-12-17 — SD Code / Title 7 / Chapter 12 / Section 7-12-17
Mileage and food allowances unaffected by salary provisions--Deduction for housing furnished by county
Status: in_force

Section 7-12-15 may not be construed to change the reimbursement of the sheriff for costs of mileage incurred while on official business or to change the fee received by the sheriff for the costs of food for boarding of prisoners. If housing and utilities are furnished by a county to the sheriff, the county board of commissioners may establish a reasonable value for such quarters, based upon the general level of housing accommodation rentals prevailing at the county seat, and deduct from the regular salary of the sheriff an equivalent amount therefor.

Source: SDC 1939, § 12.1011 as added by SL 1963, ch 40, § 6; SL 1966, ch 23, § 1; SL 1968, ch 13; SL 1969, ch 22; SL 2021, ch 37, § 1.
S.D. Codified Laws § 7-21-36 — SD Code / Title 7 / Chapter 21 / Section 7-21-36
Annual determination of warrants, claims and liabilities outstanding
Status: in_force

The board of county commissioners must also, at the same time, ascertain and determine the total amount of all warrants issued against each fund payable out of the appropriations for such fiscal year and which remain outstanding and unpaid at the close of such fiscal year because of insufficient money in the fund on which drawn to pay the same, together with the amount of interest accrued thereon, and also the amount of all claims and liabilities payable out of the appropriations for such preceding year for which no warrants have been issued, and the total amount of such claims and liabilities payable out of each particular fund.

Source: SL 1927, ch 79, § 16; SDC 1939, § 12.2014.
S.D. Codified Laws § 7-8A-3 — SD Code / Title 7 / Chapter 8A / Section 7-8A-3
County manager--Duties and qualifications
Status: in_force

The board of county commissioners - appointed manager form of government shall be that form in which the chief administrative officer is the county manager. The county manager shall be the administrative head of the county and is responsible for the proper administration of the affairs of county government. The county manager shall be appointed solely on the basis of his training, experience, and administrative qualifications and need not be a resident of the county. He shall serve at the pleasure of the board at a salary set by the board.

Source: SL 1986, ch 62, § 3.
S.D. Codified Laws § 7-18A-32 — SD Code / Title 7 / Chapter 18A / Section 7-18A-32
Actions for violations as civil cases--County as plaintiff--Pleadings--Rules of conduct
Status: in_force

Actions for violations of county ordinances shall be civil cases and the county shall be the plaintiff. The actions shall be commenced by the filing of a complaint and the response thereto shall be by oral plea or written answer. Conduct for the trials of violation of county ordinances and resolutions shall be governed by the procedure used in all proceedings for violations of ordinances and bylaws of units of local government of this state as referred to in § 23A-1-1 . If the procedure does not cover or apply to a specific portion of the proceeding, the rules of civil procedure apply.

Source: SL 1975, ch 82, § 2; SL 1989, ch 67, § 2.
S.D. Codified Laws § 7-14-10 — SD Code / Title 7 / Chapter 14 / Section 7-14-10
Training programs
Status: in_force

Each newly selected county coroner shall participate in the training program established by the Law Enforcement Officers Standards Commission within one year of taking office. Each county coroner shall participate in and successfully complete an advanced or refresher training established by the commission at least every two years.

Source: SL 2010, ch 123, § 3.
S.D. Codified Laws § 7-25-5 — SD Code / Title 7 / Chapter 25 / Section 7-25-5
Commissioners' duty to use accumulated building fund
Status: in_force

After a fund for the construction of a courthouse, office, or jail building, county exhibition buildings, 4-H and extension buildings, grandstands and bleachers, and highway maintenance buildings has accumulated from any source, it shall be the duty of the board of county commissioners within one year from the time such fund becomes available to proceed to the erection of such building or buildings, if such fund shall in the judgment of the board be sufficient for that purpose.

Source: SL 1874-5, ch 27, § 49; PolC 1877, ch 21, § 44; CL 1887, § 608; RPolC 1903, § 848; SL 1911, ch 123, § 3; RC 1919, §§ 5884, 6955; SL 1931, ch 115, § 3; SDC 1939, § 12.2303; SL 1959, ch 31, § 2; SL 1959, ch 32; SL 1963, ch 49; SL 1968, ch 21.
S.D. Codified Laws § 7-1-70 — SD Code / Title 7 / Chapter 1 / Section 7-1-70
Certification of name change vote result
Status: in_force

If a two-thirds majority of the votes cast at an election held pursuant to § 7-1-69 are in favor of changing the name of the county, the county auditor shall within ten days after the canvass of the vote, certify under the seal of the county auditor's office to the secretary of state, the result of the canvass of the votes cast at the election, and the new name of the county.

Source: SL 1992, ch 51, § 2; SL 2015, ch 57, § 1.
S.D. Codified Laws § 7-9-3 — SD Code / Title 7 / Chapter 9 / Section 7-9-3
Time of recording
Status: in_force

Each instrument entitled by law to be recorded, shall be recorded during the office hours set pursuant to §§ 7-7-2 and 7-7-2.1 in the order and as of the date and time when the instrument is received by the register of deeds for that purpose.

Source: SL 1862, ch 61; SL 1863-4, ch 30; SL 1863-4, ch 42, § 1; SL 1870-1, ch 11, § 1; SL 1874-5, ch 27, § 54; PolC 1877, ch 21, § 57; CL 1887, § 624; RPolC 1903, § 866; RC 1919, § 5910; SDC 1939, § 12.0702; SL 2014, ch 47, § 12.
S.D. Codified Laws § 7-21-34 — SD Code / Title 7 / Chapter 21 / Section 7-21-34
Borrowing from county funds against anticipated tax collections--Restoration of moneys borrowed
Status: in_force

Whenever moneys shall have been actually provided for any funds of the county by a levy of taxes and such moneys shall not have been actually collected and covered into the county treasury but concerning the receipt of which moneys there can be no question, the board of county commissioners is authorized, by a unanimous vote, to anticipate the receipt of such moneys into such fund by drawing temporarily upon the moneys in any other fund of the county for which there shall not be immediate use.

Any fund temporarily depleted by virtue of the foregoing provision shall be fully restored within nine months after a draft upon the same for the benefit of another fund shall have been made, and the moneys coming into the latter fund shall first be used to restore such depletion. The board shall provide, at the time of making such withdrawal, for reimbursing the fund from which moneys are thus temporarily withdrawn.

Source: SL 1921, ch 337; SDC 1939, § 12.1903; SL 1970, ch 20, § 1 (1); SL 1975, ch 76, § 12.
S.D. Codified Laws § 7-29-14 — SD Code / Title 7 / Chapter 29 / Section 7-29-14
Proceedings to recover possession or purchase money for county land sold
Status: in_force

In all cases where lands have been granted to any county for public purposes and any part thereof has been sold and the purchase money or any part thereof shall be due and unpaid, all proceedings necessary to recover possession of such lands or to enforce the payment of the purchase money, including the procedure set forth in §§ 7-31-25 to 7-31-30 , inclusive, shall be instituted in the name of the proper county.

Source: SL 1874-5, ch 27, § 28; PolC 1877, ch 21, § 13; CL 1887, § 572; RPolC 1903, § 795; RC 1919, § 5791; SL 1935, ch 79; SDC 1939, § 12.1801; SL 1974, ch 68, § 7.
S.D. Codified Laws § 7-16A-14 — SD Code / Title 7 / Chapter 16A / Section 7-16A-14
Payment of expenses directly related to particular cases
Status: in_force

Any direct expense, including the cost of a transcript or substitute for a transcript, that is necessarily incurred in representing an indigent under this chapter shall be paid by the municipality or county on behalf of which the service is performed.

Source: SL 1978, ch 152, § 13.
S.D. Codified Laws § 7-3-15 — SD Code / Title 7 / Chapter 3 / Section 7-3-15
Inventory of books, records and files transferred to new county
Status: in_force

Before any officer of an original county which has been divided or from which the territory has been detached, as mentioned in § 7-3-13 , shall surrender any books, records, or files from his office, it shall be the duty of such officer to make a detailed inventory of such books, records, and files which inventory shall be made in duplicate; one copy shall be kept by such officer and the other surrendered to the county commissioners of the new county, and the county commissioners procuring such books, records, or files shall give their receipt therefor, which receipt shall be filed in the proper office of the original county.

Source: SL 1917, ch 174, § 2; RC 1919, § 5774; SDC 1939, § 12.0408.
S.D. Codified Laws § 7-21-21 — SD Code / Title 7 / Chapter 21 / Section 7-21-21
Supplemental budget for unanticipated disaster
Status: in_force

In the event of an epidemic or disease or act of God, disaster, catastrophe, or accident, which results in damage to or destruction of any of the works, roads, buildings, or property of the county or any of its institutions or agencies, and the results of which have not been anticipated in the annual budget adopted for the fiscal year in which the same occur or take place, and which require the incurring of liabilities or expenditures of funds in connection with the suppression of the epidemic or disease, restoration of works, roads, buildings or property, or removing the menace above referred to, and restricted to causes where no other funds have been provided or appropriated therefor, the board may without further notice or hearing adopt a supplemental budget making and providing for an appropriation for the purpose and object, and for an amount deemed necessary, and may then incur liabilities or expend funds for such purpose, but not to exceed in the aggregate the amount specified in such supplemental budget.

Source: SL 1927, ch 79, § 10; SL 1929, ch 95; SDC 1939, § 12.2008 (1).
S.D. Codified Laws § 7-18-1 — SD Code / Title 7 / Chapter 18 / Section 7-18-1
County as body corporate--Party in court
Status: in_force

Each county is a body corporate for civil and political purposes only, and as such may sue and be sued, plead and be impleaded, in any court in this state.

Source: SL 1874-5, ch 27, § 28; PolC 1877, ch 21, § 13; CL 1887, § 572; RPolC 1903, § 795; RC 1919, § 5791; SL 1935, ch 79; SDC 1939, § 12.1801; SL 1985, ch 15, § 23.
S.D. Codified Laws § 7-27-16 — SD Code / Title 7 / Chapter 27 / Section 7-27-16
County fair associations and nonprofit corporations--Joint fair with adjacent counties--Filing of articles and list of officers
Status: in_force

Associations or nonprofit operating corporations may be formed to serve on behalf of any county or two or more counties jointly for the purpose of holding and conducting annual fairs or exhibitions to promote and encourage agriculture, horticulture, stock - raising, and general domestic industries and for the purpose of disseminating information with respect to agriculture, horticulture, stock - raising, and general domestic industries or any one of them. Any nonprofit operating corporation having a lease or working agreement with any county as provided by § 7-27-11 may contract with additional counties, so long as all such counties are adjacent to each other and form a compact area, for purposes of conducting a joint fair.

The secretary of such association or nonprofit operating corporation shall file a copy of its articles of association or incorporation, as the case may be, with the county auditors of the counties joined in such enterprise and shall annually file a list of officers for that year and a report of all receipts and expenditures not later than December thirty - first of each year with the said county auditors of each such county. One member of the board of county commissioners of each joining county shall be appointed to serve ex officio on the board of directors of the association or corporation, as the case may be.

Source: SL 1927, ch 81, §§ 1, 3; SDC 1939, § 12.2603; SL 1975, ch 81, § 9.
S.D. Codified Laws § 7-18A-3 — SD Code / Title 7 / Chapter 18A / Section 7-18A-3
One subject in title
Status: in_force

An ordinance shall embrace only one subject, which shall be expressed in its title.

Source: SL 1975, ch 82, § 5.
S.D. Codified Laws § 7-11-5 — SD Code / Title 7 / Chapter 11 / Section 7-11-5
Accounting and payment of money into treasury
Status: in_force

The county treasurer shall account for and pay into the treasury of the county all money received by the treasurer and interest received on deposits.

Source: SL 1909, ch 21, § 1; RC 1919, § 5940; SDC 1939, § 12.0804; SL 2016, ch 44, § 15.
S.D. Codified Laws § 7-1-34 — SD Code / Title 7 / Chapter 1 / Section 7-1-34
Hutchinson County boundaries
Status: in_force

Beginning at the southeast corner of township ninety - seven north of range fifty - six west of the fifth principal meridian, thence north and along the range line between ranges fifty - five and fifty - six to the base line; thence west and along said base line to the northwest corner of township one hundred, range sixty - one west; thence south and along the range line between ranges sixty - one and sixty - two west, to the boundary line of the former Yankton-Sioux Indian Reservation; thence along the said boundary line of said reservation southeastward and southwestward to the southern boundary of township ninety - seven; thence east and along the township line between townships ninety - six and ninety - seven to the place of beginning.

Source: SL 1862, ch 15; SL 1870-1, ch 10, § 7; SL 1872-3, ch 16, § 8; SL 1879, ch 12, § 2; SDC 1939, § 12.0135.
S.D. Codified Laws § 7-18A-8 — SD Code / Title 7 / Chapter 18A / Section 7-18A-8
Effective date of ordinances and resolutions--Exceptions
Status: in_force

Except such resolutions or ordinances as may be necessary for the immediate preservation of the public peace, health, or safety, or support of the county government and its existing public institutions; which provide for an election or hearing on an improvement or assessment; or which call for bids which take effect upon the passage and publication thereof, every resolution or ordinance passed by a board shall take effect on the twentieth day after its completed publication unless suspended by operation of a referendum.

Source: SL 1975, ch 82, § 10.
S.D. Codified Laws § 7-1-54 — SD Code / Title 7 / Chapter 1 / Section 7-1-54
Potter County boundaries
Status: in_force

Beginning at the southeast corner of township one hundred seventeen north of range seventy - three, west of the fifth principal meridian, thence north and along the range line between ranges seventy - two and seventy - three west, to the northeast corner of township one hundred twenty, north of range seventy - three; thence west and along the township line between townships one hundred twenty and one hundred twenty - one north, to the center of the main channel of the Missouri River; thence down and along the center of the main channel of the Missouri River to its intersection with the township line between townships one hundred sixteen and one hundred seventeen, north; thence east and along the said township line to the place of beginning.

Source: SL 1874-5, ch 30; SL 1883, ch 19, § 2; SDC 1939, § 12.0155.
S.D. Codified Laws § 7-1-14 — SD Code / Title 7 / Chapter 1 / Section 7-1-14
Clay County boundaries
Status: in_force

Beginning at the northeast corner of township ninety - five north of range fifty - one west of the fifth principal meridian, thence west and along the township line between townships ninety - five and ninety - six north to the northwest corner of township ninety - five north of range fifty - three west; thence south and along the range line between ranges fifty - three and fifty - four west, as extended, to the boundary line between the states of South Dakota and Nebraska; thence southeasterly and along said state line to the range line between ranges fifty and fifty - one west, as extended; thence north and along said range line to the place of beginning.

Source: SL 1862, ch 13, § 1; SL 18 62-3 , ch 39; SL 1870-1, ch 10, § 2; SL 1895, ch 113; SL 1899, ch 62; SL 1901, ch 85; SL 1901, ch 86; SDC 1939, § 12.0115.
S.D. Codified Laws § 7-18A-11 — SD Code / Title 7 / Chapter 18A / Section 7-18A-11
Initiative petition--Form and contents
Status: in_force

The right to propose an ordinance or resolution shall be exercised by filing with the auditor a petition in proper form containing the proposed ordinance or resolution, signed by the required number of qualified voters of the county. The signer or circulator of the petition shall add the signer's place of residence and the month and day of signing. The signer's post office box number may be given in lieu of a street address if the signer lives within a municipality of the second or third class.

Source: SL 1975, ch 82, § 20; SL 1985, ch 53; SL 1990, ch 104, § 2; SL 1992, ch 110, § 3; SL 2010, ch 74, § 4.
S.D. Codified Laws § 7-27-20 — SD Code / Title 7 / Chapter 27 / Section 7-27-20
Confidentiality of contract terms and negotiations
Status: in_force

The terms of any contract and the negotiations for any contract between a board of commissioners, county fair board, fair association, or nonprofit operating corporation and any performers or entertainers at a fair or exhibition may be kept confidential. However, sixty days after the expiration of such contract, the terms of such contract shall become a public record.

Source: SL 1993, ch 16, § 2.
S.D. Codified Laws § 7-7-1.9 — SD Code / Title 7 / Chapter 7 / Section 7-7-1.9
Nomination and election of officer to combined office--Election--Term
Status: in_force

An officer shall be nominated and elected at the next general election to the combined office provided for in § 7-7-1.8 . If the election submitted pursuant to § 7-7-1.5 is held at a primary election, each candidate for the vacant officer shall run as an independent candidate as provided in chapter 12-7 , except that the petition filing deadline shall be the first Tuesday in August. The officer shall be voted upon by the voters of the counties that have resolved to combine the office. Such officer shall hold office for a term of four years commencing on the first Monday of January following the officer's election.

Source: SL 1988, ch 65, § 8; SL 2002, ch 74, § 4.
S.D. Codified Laws § 7-16-21 — SD Code / Title 7 / Chapter 16 / Section 7-16-21
Deposit and accounting for fines, penalties, and costs received--Failure to account as theft
Status: in_force

The state's attorney shall pay over to the county treasurer all money received as the state's attorney within ten days after it is received. The state's attorney shall file with the county auditor a complete list of the amount so paid showing all fees and costs received in civil actions in which the county is the successful party, as well as all fines, recognizances, forfeitures, penalties, or costs received by the state's attorney. The state's attorney shall specify the name of each person from whom money was received, the particular amount paid by each person, and the cause for which each payment was made. A state's attorney who neglects to account for or pay over the money received as required by this section is guilty of theft.

Source: SL 1883, ch 43, §§ 9, 10; SL 1885, ch 45, § 1; CL 1887, §§ 431, 436, 437; SL 1889, ch 60, § 3; RPolC 1903, §§ 937, 939, 940, 945; RC 1919, §§ 6009, 6010; SDC 1939, §§ 12.1308, 12.9913; SL 1981, ch 43, § 7; SL 2016, ch 44, § 33.
S.D. Codified Laws § 7-12-14 — SD Code / Title 7 / Chapter 12 / Section 7-12-14
County reimbursement of expenses on official business
Status: in_force

Reimbursement by counties for all necessary and reasonable expenses incurred by county law enforcement personnel while on official business shall be made, including mileage reimbursement for such personnel for whom motor vehicles are not furnished; such reimbursement may not be impaired by §§ 7-12-12 and 7-12-13 .

Source: SDC 1939, § 12.1012 as enacted by SL 1963, ch 40, § 7.
S.D. Codified Laws § 7-29-21 — SD Code / Title 7 / Chapter 29 / Section 7-29-21
Validation of prior conveyances of county land--Right barred by no action
Status: in_force

All instruments of conveyance of real property made by any county prior to January 1, 1992, which real property was acquired by such county through tax deed proceedings or in satisfaction of school fund mortgages or by compromise with insolvent banks or through foreclosure or settlement of "building fund" mortgages or by exchange or transfer of title of county - owned lands for other lands, or by any other means or from any other source, are, notwithstanding any omissions, irregularities, or defects in the proceedings had and taken by said county to sell and convey the same, hereby validated, legalized and cured to the extent that such conveyances shall operate to convey to the person named as grantee in such instrument of conveyance all of the right, title and interest of said county in and to such real property.

If any person has any vested right in any real property by reason of any omission referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1993, such right shall be forever barred. No action or proceeding brought involving real property shall be of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with chapter 15-10 .

Source: SL 1968, ch 278, § 1; SL 1992, ch 307, § 1.
S.D. Codified Laws § 7-30-15 — SD Code / Title 7 / Chapter 30 / Section 7-30-15
Permit to build dam on leased land
Status: in_force

Any lessee of county real estate of the character described in § 7-30-1 shall upon application to the board of county commissioners be granted a permit to build a dam on the leased land for the collection and storage of surface water thereon, if the written approval of the federal district range program inspector of the site of the proposed dam and reservoir is attached to said application.

Source: SL 1939, ch 24, § 1; SL 1941, ch 36, § 1; SDC Supp 1960, § 12.2219.
S.D. Codified Laws § 7-12-18.1 — SD Code / Title 7 / Chapter 12 / Section 7-12-18.1
Uncollectable fees removed as assets of county
Status: in_force

Any fee that is charged by a sheriff and is outstanding for three or more years which the sheriff determines is uncollectable may, with the majority approval of the board of county commissioners, be removed as an asset of the county.

Source: SL 1987, ch 70.
S.D. Codified Laws § 7-3-13 — SD Code / Title 7 / Chapter 3 / Section 7-3-13
Transfer of books, records, and files relating exclusively to new county
Status: in_force

Whenever an organized county has been or shall be divided and a division of the books, records, and files has not been made, it shall be the duty of the county commissioners of the new county or counties to procure from the original county, and it shall be the duty of the proper officers of the original county to surrender, all the books, records, and files of the several offices which relate exclusively to school districts, townships, and municipalities located within the territory embraced within such new county or counties. Such commissioners shall further procure, and it shall be the duty of the proper officers of the original county to surrender, all books, records, and files of the original county which in any manner affect exclusively property rights or interests in such new county or counties.

Source: SL 1917, ch 174, § 1; RC 1919, § 5773; SDC 1939, § 12.0408; SL 1992, ch 60, § 2.
S.D. Codified Laws § 7-31-46 — SD Code / Title 7 / Chapter 31 / Section 7-31-46
County commissioners to direct managing agents--Contracts on behalf of county
Status: in_force

Such agent or agents shall act under the direction of the board of county commissioners and with the approval of such board shall enter into all necessary contracts on behalf of the county for the lease or rental of any lands, the title to which has been or may hereafter be acquired by the county through foreclosure of any school - fund mortgage, tax - deed proceeding, or other source, except lands owned and held by the county for public use.

Source: SL 1937, ch 87, § 1; SDC 1939, § 12.2218.
S.D. Codified Laws § 7-2-4 — SD Code / Title 7 / Chapter 2 / Section 7-2-4
Certification of canvass of election returns--Governor's proclamation and notice
Status: in_force

Within thirty days after the canvassing of the returns of the election, the county auditor of each of the affected counties shall transmit a certified report of the canvass to the Governor who shall, within twenty days after receiving the report of the canvass, proclaim the result of the election and officially notify the county auditor of the respective counties of the proclamation.

Source: SL 1893, ch 45, § 9; RPolC 1903, § 783; RC 1919, § 5762; SDC 1939, § 12.0306; SL 2024, ch 26, § 8.
S.D. Codified Laws § 7-6-5 — SD Code / Title 7 / Chapter 6 / Section 7-6-5
Form and casting of ballots on change of county seat--Application of general election law
Status: in_force

The ballots used at said election for the change of the county seat shall be in such form as the board of county commissioners shall prescribe, and such ballots shall be separate from the ballots cast and used for the election of state, county, and other officers and shall be received and deposited in a separate ballot box. If the proposition to change the county seat is ratified by two - thirds of the votes cast, then the municipality specified in the petition shall be the county seat. The votes cast shall be returned, canvassed, and certified as provided by law for the return of votes at any general election.

Source: SDC 1939, § 12.0502; SL 1981, ch 44, § 3.
S.D. Codified Laws § 7-21-6.1 — SD Code / Title 7 / Chapter 21 / Section 7-21-6.1
Line item for contingencies included in annual budget--Amount and source
Status: in_force

In preparing the provisional budget as provided by § 7-21-6 the board of county commissioners may include in the budget a line item for contingencies. The line item shall be included in the annual budget adopted pursuant to § 7-21-12 and shall not exceed five percent of the total county budget. The amount to be budgeted for the contingency shall be included in the appropriation for the county commissioners out of general fund revenues.

Source: SL 1974, ch 66, §§ 1, 2.
S.D. Codified Laws § 7-7-17 — SD Code / Title 7 / Chapter 7 / Section 7-7-17
Salaries as full compensation--Fees paid into treasury
Status: in_force

Except as provided in subdivision 7-8-20(11), the salaries provided in § 7-7-9.1 shall be full compensation for all services rendered by such county officials. All fees and per diem collected by any such county officials shall be paid to the county treasurer of their respective counties.

Source: SL 1919, ch 148, § 2; SDC 1939, § 12.1705; SL 1961, ch 66, § 2; SL 1989, ch 30, § 12; SL 1990, ch 30, § 4.
S.D. Codified Laws § 7-7-9.1 — SD Code / Title 7 / Chapter 7 / Section 7-7-9.1
Salary for county treasurer, auditor and register of deeds--Salaries not to be decreased during terms of office
Status: in_force

The board of county commissioners shall establish, by resolution, the salary payable to the county treasurer, county auditor, and county register of deeds. The salary payable may not be less than the following schedule as based upon the most recent decennial federal census of population for counties:

County Population

Salary Schedule

Below 10,000

$33,825

10,000 - 14,999

$34,543

15,000 - 24,999

$35,952

25,000 - 69,999

$39,479

70,000 and over

$42,561

The board of county commissioners may not decrease the salary of the county treasurer, county auditor, or county register of deeds during consecutive terms of office of the county treasurer, county auditor, or county register of deeds.

Source: SL 1981, ch 48, § 1; SL 1982, ch 61, § 3; SL 1983, ch 39, § 1; SL 1984, ch 44, § 1; SL 1985, ch 46, § 1; SL 1986, ch 63, § 1; SL 1988, ch 66, § 1; SL 1991, ch 57, § 2; SL 2001, ch 37, §§ 1, 3; SL 2007, ch 37, § 1, eff. Jan. 1, 2008; SL 2007, ch 37, § 2, eff. Jan. 1, 2009; SL 2013, ch 31, § 1, eff. Jan. 1, 2014; SL 2013, ch 31, § 2, eff. Jan. 1, 2015.