reglab/housing_qa huggingface dataset:
SD Codified L § 9-16-28 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 16 - City Retirement Systems And Pensions|Section 9-16-28 - City treasurer as custodian of fund--Liability of surety on bond.

9-16-28. City treasurer as custodian of fund--Liability of surety on bond.The treasurer of each municipality shall be the custodian of the investments and other moneys in its pension fund, which shall be kept apart from other funds in his custody. The surety on the official bond of the treasurer shall be liable for the safekeeping and due accounting of the moneys, securities, and other property belonging to the pension fund.The previous requirements of this section shall not apply when such assets are placed with a funding agent or an investment counsel as provided for in this section. The retirement board of a pension fund may select a funding agent or investment counsel to administer and invest the funds of the system. The selection and the appointment of the funding agent or the investment counsel shall be made by the retirement board which shall have the right from time to time to change the funding agent or the investment counsel as to all or any part of the funds. The board shall have the right to determine the form and substance of each agreement under which the funds are to be held, provided that it shall not be inconsistent with the provisions of this section. The term "funding agent" means a corporate or individual trustee or trustees, insurance company or insurance companies authorized to do business in the State of South Dakota, or combination thereof, appointed and acting from time to time pursuant to the provisions of this section in holding, investing and disbursing the funds of the pension fund. The term "investment counsel" means a corporation or individual authorized to do business under the Federal Investment Advisers Act of 1940 and authorized to do business in the State of South Dakota, appointed and acting from time to time pursuant to the provisions of this section in investing the funds of the pension fund.The retirement board may contract for investment counsel and advice when it deems necessary. Source: SL 1927, ch 172, §3; SDC 1939, §45.1207; SL 1955, ch 202, §2; SDC Supp 1960, §45.1207 (3); SL 1970, ch 60; SL 1977, ch 71.
SD Codified L § 9-16-34 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 16 - City Retirement Systems And Pensions|Section 9-16-34 - Workmen's compensation benefits deductible from firemen's pensions--Subrogation of first or second class municipality to rights of member or beneficiary against third party.

9-16-34. Workmen's compensation benefits deductible from firemen's pensions--Subrogation of first or second class municipality to rights of member or beneficiary against third party.Any amounts which may be paid or payable under the provisions of any workmen's compensation or similar law to a member or beneficiary or to the dependents of a member or beneficiary on account of any disability shall be offset against and payable in lieu of any pensions payable as provided in this chapter on account of the same disability. In the event any member or beneficiary, or the dependents of any member or beneficiary becomes entitled to a pension as the result of an accident or injury caused by the act of a third party, the said first or second class municipality shall be subrogated to the rights of the said member or beneficiary, or the dependents of the said member or beneficiary against such third party to the extent of benefits which the municipality pays or becomes liable to pay. Source: SDC 1939, §45.1208 (4) as added by SL 1955, ch 202, §3; SL 1992, ch 60, §2.
SD Codified L § 9-16-44 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 16 - City Retirement Systems And Pensions|Section 9-16-44 - Workers' compensation benefits offset against special death benefits-- Subrogation of first or second class municipality to rights against third party.

9-16-44. Workers' compensation benefits offset against special death benefits--Subrogation of first or second class municipality to rights against third party.Any amounts which may be paid or payable under the provisions of any workers' compensation or similar law to a member or beneficiary or to the dependents of a member or beneficiary on account of any death shall be offset against and payable in lieu of any pensions payable as provided in this chapter on account of the same death. In the event any member or beneficiary, or the dependents of any member or beneficiary becomes entitled to a pension as the result of an accident or injury caused by the act of a third party, the said first or second class municipality shall be subrogated to the rights of the said member or beneficiary, or the dependents of the said member or beneficiary against such third party to the extent of benefits which the municipality pays or becomes liable to pay. Source: SDC 1939, §45.1209 (7) as added by SL 1955, ch 202, §4; SL 1992, ch 60, §2.
SD Codified L § 9-16-45 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 16 - City Retirement Systems And Pensions|Section 9-16-45 - Circulatory or respiratory disease presumed occupational in firemen.

9-16-45. Circulatory or respiratory disease presumed occupational in firemen.Notwithstanding the provisions of any general or special law to the contrary, any condition of impairment of health caused by hypertension, heart disease, or respiratory disease resulting in total or partial disability to an officer or member of a fire department who successfully passed physical examination on entering into such service, which examination failed to reveal any evidence of such condition, shall be presumed to have been suffered in line of duty, unless the contrary be shown by competent evidence. Source: SL 1957, ch 248, §3; SDC Supp 1960, §45.1212.
SD Codified L § 9-16-46.1 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 16 - City Retirement Systems And Pensions|Section 9-16-46.1 - Postretirement redetermination of pensions--Restrictions.

9-16-46.1. Postretirement redetermination of pensions--Restrictions.Any pension plan for city employees and officers or firemen, adopted under the provisions of this chapter, may provide for annual or less frequent postretirement redetermination of pensions. The application of any provision redetermining pension amounts may be restricted to pensions having an effective date of payment either prior to or subsequent to a specified date. Any postretirement redetermination of one or more pensions within a system shall be prefunded and may not bring the system into noncompliance with the provisions of subdivision 9-16-5.1(3). Source: SL 1970, ch 58; SL 1984, ch 56, §50.
SD Codified L § 9-16-47 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 16 - City Retirement Systems And Pensions|Section 9-16-47 - Benefits and contributions exempt from assignment and process.

9-16-47. Benefits and contributions exempt from assignment and process.All annuities, pensions, retirement allowances, the accumulated contributions of any member, or any other benefit whatsoever accrued or accruing to any member or beneficiary shall be unassignable and shall not be subject to execution, attachment, garnishment, or any other process of law whatsoever, except as is specifically provided by this chapter. Source: SL 1927, ch 172, §7; SDC 1939, §45.1211; SL 1943, ch 165, §3; SL 1955, ch 202, §6.
SD Codified L § 9-16-48 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 16 - City Retirement Systems And Pensions|Section 9-16-48 - Validation of pensions and benefits previously paid.

9-16-48. Validation of pensions and benefits previously paid.In all cases if a municipal retirement system or a first or second class municipality has, prior to July 1, 1985, paid any pension or other benefit out of funds provided by the municipality, the pensions or other benefits and all proceedings thereon, contracts made or performed, ordinances or regulations established, and any levy and appropriation of taxes or revenues for payment thereof, are hereby declared to be valid and legal, notwithstanding any defect or irregularity, other than constitutional defects, in any of the payments, contracts, ordinances, or regulations, including, but not limited to, any conflict with any state statute existing at the time of payments. Source: SL 1979, ch 53, §2; SL 1984, ch 56, §51; SL 1986, ch 72; SL 1992, ch 60, §2.
SD Codified L § 9-17-1 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 17 - Associations Of Municipalities|Section 9-17-1 - Formation of municipality organization authorized--Purposes.

9-17-1. Formation of municipality organization authorized--Purposes.The governing body of any municipality of this state is hereby authorized to join with the governing body of any other municipality or municipalities of this state in the formation of an organization of municipalities of this state for the purposes of securing concerted action among such municipalities in behalf of such matters, measures, and municipal affairs as such organization shall determine to be beneficial to, in the common interest of, and as concerns and pertains to said municipalities. Source: SL 1955, ch 217, §1; SDC Supp 1960, §45.0201-1 (16).
SD Codified L § 9-17-2 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 17 - Associations Of Municipalities|Section 9-17-2 - Meetings of municipality organization--Maintenance of office--Employment of officials.

9-17-2. Meetings of municipality organization--Maintenance of office--Employment of officials.Such municipal organization shall have the power and authority to hold annual and special meetings at such times and places as it may determine for the discussions and consideration of such measures and matters as affect the welfare of the municipality members thereof; to maintain an office or offices for the conduct of the business of such organization and to employ and compensate such officials as it shall deem necessary in the support of such organization and the interest and welfare of its municipality members. Source: SL 1955, ch 217, §2; SDC Supp 1960, §45.0201-1 (16).
SD Codified L § 9-17-3 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 17 - Associations Of Municipalities|Section 9-17-3 - Municipal payment of dues and delegate expenses for organization.

9-17-3. Municipal payment of dues and delegate expenses for organization.Any municipality which shall join or become a member of such municipal organization is hereby authorized and empowered, by ordinance, to annually appropriate funds for the payment of reasonable annual dues in said organization as the same may be assessed and to pay the expenses of designated representatives or delegates as provided in §9-17-4, in attending the meetings of said organization. Source: SL 1955, ch 217, §3; SDC Supp 1960, §45.0201-1 (16).
SD Codified L § 9-17-4 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 17 - Associations Of Municipalities|Section 9-17-4 - Representation of municipalities at organization meetings.

9-17-4. Representation of municipalities at organization meetings.Each municipality member of said organization is hereby authorized and empowered to designate any member or members of its governing body or other persons in its employ to represent said municipality in said municipal organization and attend the meetings thereof. Source: SL 1955, ch 217, §3; SDC Supp 1960, §45.0201-1 (16).
SD Codified L § 9-17-6 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 17 - Associations Of Municipalities|Section 9-17-6 - South Dakota Firefighters' Association, Incorporated continued.

9-17-6. South Dakota Firefighters' Association, Incorporated continued.The furnishing of fire protection is a governmental function and the South Dakota Firefighters Association, Incorporated, composed of the members of the municipal fire departments, is hereby continued as a public state institution of this state. Source: SL 1919, ch 206, §1; SDC 1939, §20.0101; SL 1975, ch 86, §1; SL 2006, ch 31, §1.
SD Codified L § 9-17-7 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 17 - Associations Of Municipalities|Section 9-17-7 - Schools and promotional activities of South Dakota Firefighters' Association, Incorporated.

9-17-7. Schools and promotional activities of South Dakota Firefighters' Association, Incorporated.The South Dakota Firefighters Association, Incorporated, shall hold annual schools for the purpose of instruction and drilling, as well as testing modern methods and fire extinguishing apparatus, and in general shall encourage and promote the protection of property from loss and destruction by fire.The time and place of the annual school shall be fixed by the South Dakota Firefighters Association, Incorporated. Source: SL 1911, ch 157, §3; RC 1919, §10176; SL 1919, ch 206, §3; SL 1931, ch 154; SDC 1939, §20.0102; SL 1965, ch 101; SL 1975, ch 86, §2; SL 2006, ch 31, §2.
SD Codified L § 9-18-1 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 18 - Municipal Records And Proceedings|Section 9-18-1 - Governing body to publish minutes of meetings including statement of expenditures--Rate of payment for publication.

9-18-1. Governing body to publish minutes of meetings including statement of expenditures--Rate of payment for publication.The governing body of each municipality shall publish, within twelve business days, the minutes for each meeting of the governing body including a detailed statement of all expenditures of money and the name of each person paid and the service provided. The municipality shall pay for the publication of the minutes not to exceed ninety percent of the legal line rates for weekly newspapers and not to exceed the legal line rate for daily newspapers as provided in §17-2-19. Source: RC 1919, §6580; SL 1919, ch 252; SL 1925, ch 215; SDC 1939, §45.1116; SL 1941, ch 195; SL 1943, ch 164; SL 1947, ch 202; SL 1957, ch 246; SL 1963, ch 278; SL 2018, ch 50, §1.
SD Codified L § 9-18-1.1 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 18 - Municipal Records And Proceedings|Section 9-18-1.1 - Time for delivery of copy to official newspaper.

9-18-1.1. Time for delivery of copy to official newspaper.The finance officer shall maintain a record of the minutes published pursuant to §9-18-1 and deliver a copy to the official newspaper within five business days from the date the meeting was held. Source: SL 1972, ch 129, §1; SL 2018, ch 50, §2.
SD Codified L § 9-18-2 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 18 - Municipal Records And Proceedings|Section 9-18-2 - Records of acts and proceedings of municipal officers--Open to public.

9-18-2. Records of acts and proceedings of municipal officers--Open to public.Every municipal officer shall keep a record of the official acts and proceedings of his office, and such record shall be open to public inspection during business hours under reasonable restrictions. Source: SL 1890, ch 37, art III, §9; SL 1890, ch 37, art VII, §3; RPolC 1903, §1190; SL 1913, ch 119, §26; RC 1919, §6282; SDC 1939, §45.1115.
SD Codified L § 9-18-3 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 18 - Municipal Records And Proceedings|Section 9-18-3 - Admissibility in evidence of copies and transcripts of municipal records--Prima facie evidence.

9-18-3. Admissibility in evidence of copies and transcripts of municipal records--Prima facie evidence.Copies of all papers filed in the office of the auditor or clerk and transcripts of all records of the governing body certified by him under the corporate seal are admissible in evidence the same as the originals thereof. Such original papers or records or such copies or transcripts thereof are prima facie evidence of the facts stated therein. Source: SL 1890, ch 37, art VII, §1; SL 1890, ch 37, art XVI, §14; RPolC 1903, §§1244, 1302; SL 1913, ch 119, §65; RC 1919, §§6285, 6355; SDC 1939, §45.0113.
SD Codified L § 9-19-1 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 19 - Ordinances And Resolutions|Section 9-19-1 - Definition of terms.

9-19-1. Definition of terms.The word "ordinance" as used in this title shall mean a permanent legislative act of the governing body of a municipality within the limits of its powers.The word "resolution" as used in this title shall mean any determination, decision, or direction of the governing body of a municipality of a special or temporary character for the purpose of initiating, effecting, or carrying out its administrative duties and functions under the laws and ordinances governing the municipality. Source: SL 1913, ch 119, §38; RC 1919, §§6242, 6250; SDC 1939, §§45.1001, 45.1008.
SD Codified L § 9-19-2 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 19 - Ordinances And Resolutions|Section 9-19-2 - Continuation in force of prior ordinances and resolutions.

9-19-2. Continuation in force of prior ordinances and resolutions.All ordinances and resolutions in force in any municipality when this code takes effect which are not inconsistent with its provisions shall continue in force and effect until repealed or amended as provided by law. Source: SL 1890, ch 37, art I, §9; RPolC 1903, §1178; RC 1919, §6157; SDC 1939, §45.0109.
SD Codified L § 9-19-3 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 19 - Ordinances And Resolutions|Section 9-19-3 - Authority to enact, amend, and repeal ordinances and resolutions--Penalties for violation.

9-19-3. Authority to enact, amend, and repeal ordinances and resolutions--Penalties for violation.Every municipality may enact, make, amend, revise, or repeal all such ordinances, resolutions, and regulations as may be proper and necessary to carry into effect the powers granted thereto, and to provide for the punishment of each violation thereof by a fine not to exceed the fine established by subdivision 22-6-2(2), by imprisonment not exceeding thirty days, or by both the fine and imprisonment. Source: SL 1890, ch 37, art V, §1, subdiv 79; SL 1890, ch 37, art XXII, §1; RPolC 1903, §1229, subdiv 81; RPolC 1903, §1380; RPolC 1903, §1438, subdiv 19; SL 1903, ch 90; SL 1913, ch 119, §53, subdiv 78; RC 1919, §6169 (81); SL 1923, ch 238; SDC 1939, §45.0201 (19); SL 1991, ch 187, §2; SL 2007, ch 39, §2
SD Codified L § 9-19-3.1 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 19 - Ordinances And Resolutions|Section 9-19-3.1 - Degree of proof required when jail sentence authorized--Pleadings--Jury trial--Application of civil rules.

9-19-3.1. Degree of proof required when jail sentence authorized--Pleadings--Jury trial--Application of civil rules.In the prosecution for the violation of any municipal ordinance which authorizes a penalty of a jail sentence, the municipality must prove the defendant guilty of the violation of the ordinance beyond a reasonable doubt. The proceedings shall be commenced by complaint naming the first or second class municipality as plaintiff, and the response thereto shall be by either oral plea or written answer. The defendant shall be entitled, by making demand therefor at any time before the commencement of trial, to trial by jury in the event the defendant is subject to any jail sentence. Except as provided in this section the proceedings shall be governed by the rules of civil procedure. Source: SL 1975, ch 96, §1; SL 1992, ch 60, §2.
SD Codified L § 9-19-5 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 19 - Ordinances And Resolutions|Section 9-19-5 - One subject expressed in title of ordinance.

9-19-5. One subject expressed in title of ordinance.An ordinance must embrace but one subject which shall be expressed in its title. Source: RC 1919, §6242; SDC 1939, §45.1001.
SD Codified L § 9-19-6 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 19 - Ordinances And Resolutions|Section 9-19-6 - Style of ordinance.

9-19-6. Style of ordinance.The style of all ordinances shall be as follows: "An ordinance __________ (inserting the title)" followed by: "Be it ordained by the (city or town) of __________ (inserting the name of municipality)" followed by the substance of the ordinance. Source: SL 1890, ch 37, art IV, §16; RPolC 1903, §1213; SL 1913, ch 119, §36; RC 1919, §6243; SDC 1939, §45.1002.
SD Codified L § 9-19-7 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 19 - Ordinances And Resolutions|Section 9-19-7 - Reading, passage, and publication of ordinances--Codes incorporated by reference.

9-19-7. Reading, passage, and publication of ordinances--Codes incorporated by reference. The title of all ordinances shall be read twice with at least five days intervening between the first and second reading. The ordinance shall be signed by the mayor or acting mayor or president of the Board of Trustees, filed with the auditor or clerk, and published once except that 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 or clerk shall publish a notice of the fact of adoption once a week for two successive weeks in the official newspaper, and twenty days after the completed publication of such notice, unless the referendum shall have been invoked, such ordinance shall become effective. Source: SL 1890, ch 37, art IV, §16; RPolC 1903, §1213; SL 1913, ch 119, §35; RC 1919, §6244; SDC 1939, §45.1003; SL 1947, ch 197; SL 1972, ch 49; SL 1982, ch 73; SL 2021, ch 38, § 2.
SD Codified L § 9-19-7.1 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 19 - Ordinances And Resolutions|Section 9-19-7.1 - Notice requirements for substantial amendment at second reading.

9-19-7.1. Notice requirements for substantial amendment at second reading.If any amendment presented and approved by the governing body at the second reading of an ordinance substantially alters the substance of the ordinance from the first reading, the proposed ordinance as amended may not be considered for final adoption until at least five days after a duly noticed public meeting of the governing body pursuant to chapter 1-25. Source: SL 2016, ch 51, §1.
SD Codified L § 9-19-8 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 19 - Ordinances And Resolutions|Section 9-19-8 - Passage, recording, and publication of resolutions.

9-19-8. Passage, recording, and publication of resolutions.Any resolution may be passed after one reading and shall be recorded at length in the minutes of the meeting at which it is passed, with a statement of the number of votes for and against it. Such resolution shall be published in full either as part of the minutes or separately. Source: RC 1919, §6251; SL 1921, ch 315; SDC 1939, §45.1009; SL 1987, ch 77.
SD Codified L § 9-19-9 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 19 - Ordinances And Resolutions|Section 9-19-9 - Recording of votes on ordinances.

9-19-9. Recording of votes on ordinances.The vote upon all ordinances upon the second reading and to pass the same over any veto shall be taken by yeas and nays and entered upon the minutes of the meeting. Source: SL 1890, ch 37, art IV, §16; RPolC 1903, §1213; RC 1919, §6245; SDC 1939, §45.1004.