reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 09 - Township Contracts And Purchases › Section 8-9-4 - Fire protection contracts--Maximum term--Cost negotiated--Estimated costs--Amount of contract.

8-9-4. Fire protection contracts--Maximum term--Cost negotiated--Estimated costs--Amount of contract.
Every civil township in this state shall, through its board of supervisors, enter into a contract for fire-fighting equipment and protection with a political subdivision or subdivisions of this state or with a nonprofit fire protection corporation or association legally organized and certified in this state. No contract may have a term that exceeds ten years in length. The amount of money each township pays shall be determined through negotiation and shall be specified in the contract. Any political subdivision or nonprofit fire protection corporation or association providing fire protection services shall, as part of any negotiation conducted pursuant to this section, provide full disclosure of the fire department's total assets and expenses and estimate the cost of fire protection, including equipment, buildings, material, and personnel. A contract entered into pursuant to this section shall be for an amount equal to the estimated cost of fire protection as agreed to by the parties. The contract may be for an amount other than the estimated cost of fire protection if agreed to by the parties to such contract. The provisions of this section do not apply to any township or portion thereof that lies within a rural fire protection district established pursuant to chapter 34-31A or an emergency services district established pursuant to chapter 34-47. However, nothing in this section prevents any township and rural fire district from entering into a contract to coordinate and cooperate for mutual fire protection and prevention purposes within any area which they might logically serve.
Source:
SL 1961, ch 455, §1; SL 1983, ch 51; SL 1990, ch 58; SL 1991, ch 68, §1; SL 2010, ch 40, §1; SL 2014, ch 48, §15.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 09 - Township Contracts And Purchases › Section 8-9-6 - Nonprofit fire protection corporation or association defined.

8-9-6. Nonprofit fire protection corporation or association defined.
The term, nonprofit fire protection corporation or association, as used in §8-9-4 shall include any corporation or association legally organized within this state for the primary purpose of providing fire-fighting equipment and protection for a particular political subdivision or subdivisions within this state and operating on a nonprofit basis.
Source:
SL 1961, ch 455, §1; SL 2014, ch 48, §17.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 09 - Township Contracts And Purchases › Section 8-9-7 - Ambulance service contracts authorized--Maximum term and expenditures.

8-9-7. Ambulance service contracts authorized--Maximum term and expenditures.
Any civil township in this state may, through its board of supervisors, when and to the extent deemed expedient by the board, enter into contracts for the furnishing of ambulance service, equipment and protection for the township, with any other political subdivision or subdivisions of this state, or any fire protection, ambulance service, or funeral service corporation or association legally organized in this state. No contract authorized by this section may exceed a term of ten years. Further, no contract authorized by this section may provide for an expenditure by a township of more than one thousand dollars per year, unless it has been submitted to, and approved by, the voters of the township in the manner provided by subdivision 8-3-2(8).
Source:
SL 1977, ch 67.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-1 - Property tax levy.

8-10-1. Property tax levy.
Taxes necessary to defray the township charges shall be levied on the taxable property in the township in the manner prescribed in this code for raising revenue and other money for state and county purposes and expenses.
Source:
SL 1872-3, ch 51, §98; PolC 1877, ch 23, §86; SL 1883, ch 112, subch 1, §101; CL 1887, §814; RPolC 1903, §1108; RC 1919, §6123; SDC 1939, §58.0817.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-2 - Notice to county auditor of township tax levy--Entry on tax list.

8-10-2. Notice to county auditor of township tax levy--Entry on tax list.
The township clerk shall notify the county auditor by the last day of March of the amount of the taxes levied by the board of supervisors. The county auditor shall enter the amount on the county tax list to be collected by the county treasurer as county taxes are collected.
Source:
SL 1879, ch 59, §33; CL 1887, §815; RPolC 1903, §1109; RC 1919, §6124; SDC 1939, §58.0818; SL 2016, ch 45, §5.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-3 - Township funds remitted by county treasurer.

8-10-3. Township funds remitted by county treasurer.
The county treasurer shall periodically remit any funds that have been received for the township to the depository designated by the township. The county auditor shall send to the township treasurer a statement showing the exact source and amount of such funds.
Source:
SL 1872-3, ch 51, §77; PolC 1877, ch 23, §68; SL 1883, ch 112, subch 1, §73; CL 1887, §785; RPolC 1903, §1079; SL 1907, ch 102, §1; SL 1915, ch 299, §1; SL 1917, ch 370; RC 1919, §6101; SDC 1939, §58.0704; SL 1959, ch 449; SL 1989, ch 71.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-5 - Selection of township depository--Exoneration of treasurer for losses in deposited funds.

8-10-5. Selection of township depository--Exoneration of treasurer for losses in deposited funds.
A bona fide deposit of township funds in the name of the township in any bank or depository selected by a majority of the township voters, present and voting at any annual township meeting, shall relieve the township treasurer from liability and loss of such deposited funds through the insolvency of such depository or depositories while said funds were on deposit therein. The board of supervisors of any township shall select depositories for township funds upon the failure or refusal of the voters to select depositories at such annual township meeting, and if so selected by the board of supervisors the township treasurer shall be likewise relieved from liability in like manner as if such depository had been selected by the voters. The depository selected in either manner shall be a bank or banks or a federally chartered credit union within the State of South Dakota. If no depository is otherwise designated it shall be designated by the treasurer, with the same effect as if otherwise designated.
Source:
SL 1883, ch 112, subch 1, §38; CL 1887, §743; RPolC 1903, §1035; SL 1913, ch 283, §1; RC 1919, §6098; SL 1925, ch 292; SL 1931, ch 262; SDC 1939, §58.0701; SL 1949, ch 431, §1; SL 1987, ch 71, §4.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-6 - Purposes for which township funds expended.

8-10-6. Purposes for which township funds expended.
The following shall be deemed township charges:
(1)The compensation of township officers for services rendered their respective township;
(2)Contingent expenses necessarily incurred for the use and benefit of the township;
(3)The money authorized to be raised by the vote of the township meeting for any township purpose;
(4)Every sum directed by law to be raised for any township purpose;
but no tax for township purposes shall exceed the amount voted to be raised at the annual meeting.
Source:
SL 1883, ch 112, subch 1, §100; CL 1887, §813; RPolC 1903, §1107; RC 1919, §6122; SDC 1939, §58.0815.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-7 - Expenditures exceeding maximum tax levy unlawful--Contracts void--Liability of officer authorizing contract--Recording of dissent.

8-10-7. Expenditures exceeding maximum tax levy unlawful--Contracts void--Liability of officer authorizing contract--Recording of dissent.
It shall be unlawful for the officers of any civil township, unless specially and expressly authorized by law, to contract any debt or incur any pecuniary liability for the payment of either the principal or interest for which, during the current year or any subsequent year, it will be necessary to levy on the taxable property of such township, a higher rate of tax than the maximum rate prescribed by law; and every contract made in contravention of the provisions of this section shall be null and void in regard to any obligation imposed on the corporation on behalf of which such contract purports to be made; but every such officer, who makes or participates in making or authorizes the making of any such contract, shall be held individually liable for its performance; and every such officer present when any such unlawful contract was made or authorized to be made, shall be deemed to have made or to have participated in making, or to have authorized the making of the same, as the case may be, unless he dissented therefrom and entered or caused to be entered such dissent on the records of such township.
Source:
SL 1897, ch 28, §140; RPolC 1903, §2243; RC 1919, §6957; SDC 1939, §58.0816.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-8 - Township expenditures limited by annual tax levy.

8-10-8. Township expenditures limited by annual tax levy.
No township has power to contract debts or make expenditures for any one year in excess of the amount of taxes assessed for such year, without having been authorized by a majority of the voters of such township.
Source:
SL 1883, ch 112, subch 1, §115; CL 1887, §829; RPolC 1903, §1136; RC 1919, §6050; SDC 1939, §58.0304.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-9 - Proration of appropriations for more than one year.

8-10-9. Proration of appropriations for more than one year.
In all cases where appropriations of money have heretofore or may hereafter be made for periods longer than one year, it shall be unlawful for the person or persons whose duty it is to expend such appropriation, to audit, expend, or contract to pay more money in any one year than a pro rata share thereof; that is, the expenditures for one year shall never exceed the proportion which one year of time bears to the whole time, unless otherwise expressly provided.
Source:
SL 1890, ch 108, §1; RPolC 1903, §310; RC 1919, §6959; SDC 1939, §58.0805.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-10 - Verified statement required for claim against township--False verification as perjury.

8-10-10. Verified statement required for claim against township--False verification as perjury.
Before any account, claim, or demand against any township for any property or services for which such township is liable shall be audited or allowed by the board or officers authorized by law to audit and allow the same, the person in whose favor such account, claim, or demand exists, or his agent, shall reduce the same to writing in items and shall verify that such account, claim, or demand is just and true, that the money therein charged was actually paid for the purposes therein stated, or that the property therein charged was actually delivered or used for the purposes therein stated and was of the value therein charged, or that the services therein charged were actually rendered and of the value therein charged, or in case such services were official, for which fees are prescribed by law, then that the fees or amounts charged therefor are such as are allowed by law, and that no part of such account, claim, or demand has been paid.
Every person who knowingly swears falsely to the verification required by this section, shall be guilty of perjury and punished accordingly.
Source:
SL 1883, ch 112, subch 1, §§87, 88; CL 1887, §§800, 801; RPolC 1903, §§1094, 1095; RC 1919, §§6113, 6114; SDC 1939, §§58.0806, 58.9905; SL 1981, ch 43, §11.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-11 - Officer before whom verification made--Personal representatives not required to verify.

8-10-11. Officer before whom verification made--Personal representatives not required to verify.
The verification required by §8-10-10, may be made before any officer authorized to administer oaths, or before any member of the board to which the account, claim, or demand shall be presented to be audited, and every member of such board is authorized to administer the proper oath in such case; in case any such account, claim, or demand shall be made or presented by any personal representative on behalf of the estate of a deceased person, he shall not be required to verify the same, but may prove the same otherwise to the satisfaction of the board.
Source:
SL 1883, ch 112, subch 1, §88; CL 1887, §801; RPolC 1903, §1095; RC 1919, §6114; SDC 1939, §58.0807.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-12 - Examination and allowance of verified claims by township board.

8-10-12. Examination and allowance of verified claims by township board.
Whenever an account, claim, or demand against any township shall have been verified in the manner prescribed in this chapter, the board to which the same shall be presented may receive and consider the same and may allow or disallow the same in whole or in part, as to such board shall appear just or lawful, saving to the claimant the right of appeal.
Source:
SL 1883, ch 112, subch 1, §89; CL 1887, §802; RPolC 1903, §1096; RC 1919, §6115; SDC 1939, §58.0808.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-13 - Verification not required for salaries and jurors' and witnesses' claims.

8-10-13. Verification not required for salaries and jurors' and witnesses' claims.
The provisions of §§8-10-10 to 8-10-12, inclusive, shall not apply to any claim or demand for an annual salary or per diem of jurors or witnesses fixed by or in pursuance of any statute.
Source:
SL 1883, ch 112, subch 1, §87; CL 1887, §800; RPolC 1903, §1094; RC 1919, §6113; SDC 1939, §58.0806.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-14 - Allowance of claim without verification as misdemeanor.

8-10-14. Allowance of claim without verification as misdemeanor.
Any member of a township board who shall audit and allow any account, claim, or demand, required by this title to be itemized and verified, without the same having been first duly itemized and verified, shall be guilty of a Class 2 misdemeanor.
Source:
SL 1883, ch 112, subch 1, §90; CL 1887, §803; RPolC 1903, §1097; RC 1919, §6116; SDC 1939, §58.9906; SL 1981, ch 43, §12.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-15 - Auditing of accounts payable--Clerk of the township replacing absent supervisor.

8-10-15. Auditing of accounts payable--Clerk of the township replacing absent supervisor.
The board of supervisors shall audit all accounts payable by the township; if for any cause there are not three supervisors present, the chairman, or in his absence either of the supervisors, may notify the clerk of the township, who, together with the supervisors present, shall make a board of three; and the board so constituted shall have authority to act as such board.
Source:
SL 1872-3, ch 51, §68; PolC 1877, ch 23, §43; SL 1883, ch 112, subch 1, §77; CL 1887, §790; RPolC 1903, §1084; RC 1919, §6105; SDC 1939, §58.0801; SL 1974, ch 153, §6.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-16 - Time of meetings for allowance of accounts--Statement of amount allowed.

8-10-16. Time of meetings for allowance of accounts--Statement of amount allowed.
The board of supervisors shall meet on the last Tuesday of February and on the last Tuesday of October in each year, and at such other times as it deems necessary and expedient, for the purpose of auditing and settling all charges against the township; and it shall state on each account the amount allowed by it; but no allowance shall be made for any account which does not specifically state each item of the same and the nature thereof.
Source:
SL 1872-3, ch 51, §69; PolC 1877, ch 23, §44; SL 1883, ch 112, subch 1, §78; SL 1887, ch 155, §5; CL 1887, §791; RPolC 1903, §1085; RC 1919, §6106; SDC 1939, §58.0802.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-17 - Warrants for accounts allowed.

8-10-17. Warrants for accounts allowed.
The amount of any account audited and allowed by the board of supervisors, and the amount of any account voted to be allowed at any township meeting shall be paid by the treasurer on the warrant of such board signed by the chairman and countersigned by the clerk; and all warrants issued to any person by the board for any sum due from the township shall be receivable in payment of township taxes.
Source:
SL 1872-3, ch 51, §73; PolC 1877, ch 23, §48; SL 1883, ch 112, subch 1, §82; CL 1887, §795; RPolC 1903, §1089; RC 1919, §6110; SDC 1939, §58.0707.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-18 - Endorsement of warrant for payment by depository.

8-10-18. Endorsement of warrant for payment by depository.
Every warrant for the payment of money issued by any township, which is not registered because of lack of funds with which to pay such warrant, shall be countersigned by the treasurer of such township, who shall also endorse on such warrant an order to the depository, by which such warrant is to be paid, to pay such warrant to the order of the payee and charge the same to the account of such treasurer. Such warrant so countersigned and endorsed shall have the same force and effect as a check drawn by said treasurer upon such depository. No such warrant shall be paid by the depository unless so countersigned and endorsed by such treasurer. No warrant shall be countersigned by the treasurer so long as there are any registered warrants outstanding.
Source:
SL 1953, ch 500; SDC Supp 1960, §45.1438.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-19 - Register of warrants not paid on presentation--Data entered.

8-10-19. Register of warrants not paid on presentation--Data entered.
The township treasurer shall keep a suitable registry to be provided at the expense of the township in which he shall enter the warrants he cannot pay for want of funds when presented to him for payment, which registry shall show in a column arranged for that purpose the number, date, and amount of each warrant presented, the particular fund upon which the same is drawn, the date of presentation, the name and address of the person in whose name the same is registered, the date of payment when made, the amount of interest and the total amount paid thereon, with the date when notice to the person in whose name such warrant is registered is mailed as hereinafter provided.
Source:
SL 1883, ch 112, subch 1, §76; CL 1887, §788; RPolC 1903, §1082; RC 1919, §6104; SDC 1939, §58.0708.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-20 - Warrants paid in order of presentation--Endorsement of warrants not paid--Interest rate.

8-10-20. Warrants paid in order of presentation--Endorsement of warrants not paid--Interest rate.
All warrants upon the township treasurer shall be paid out of the fund on which they were drawn in the order of presentation. Whenever any warrant is presented to the treasurer for payment and there are no funds in the treasury appropriated for that purpose, the treasurer shall enter the warrant in the warrant register for payment, in the order of presentation. On each warrant registered he shall endorse the registry number, date of registration and the words "not paid for want of funds," and sign the endorsement as treasurer. The warrant when endorsed shall bear interest at a rate to be negotiated by the parties from that date until paid, but the holder of any warrant may not be required to register it.
Source:
SL 1874-5, ch 74, §§1 to 3; PolC 1877, ch 50, §§1 to 3; CL 1887, §§1671 to 1673; SL 1893, ch 57, §1; RPolC 1903, §§2251 to 2253; SL 1913, ch 359; RC 1919, §§6973 to 6975; SL 1927, ch 149; SDC 1939, §58.0708; SL 1983, ch 28, §16.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-21 - Call of registered warrants for payment--Termination of interest.

8-10-21. Call of registered warrants for payment--Termination of interest.
All such registered warrants shall be paid in the order of their registration and it shall be the duty of every such treasurer as soon as money sufficient for the payment of such warrants is received to the credit of the particular fund upon which the same are drawn, immediately to notify, by mail, the persons in whose names the same are drawn, or if he shall receive written notice from some other person that he is the holder of any such warrant, then the treasurer shall notify such other person; and thereupon interest upon such warrants shall cease and the treasurer shall pay and cancel such warrants upon presentation thereof.
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, §58.0708.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-22 - Tax levy for annual payment of interest on warrants.

8-10-22. Tax levy for annual payment of interest on warrants.
The board of supervisors of any organized township may determine by resolution that interest shall be paid annually on all outstanding registered warrants of such township. When it has been so determined said board shall, at the time and in the manner provided for the levy of taxes, make a separate and special levy of a tax sufficient to pay one year's interest on each township warrant, which according to the computation of the board will be outstanding and unpaid on the anniversary of the date thereof during the next calendar year. Such levy may be made in addition to the maximum levy otherwise allowed by law, and shall be certified by the county auditor, placed on the tax roll, and collected by the county treasurer as other taxes, which funds derived from such levy shall be kept separate and apart from other tax collections and shall be used for the purpose of paying interest on warrants as provided in §8-10-23.
Source:
SL 1933, ch 160, §§1, 2; SDC 1939, §58.0709.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-23 - Call of warrants for annual payment of interest.

8-10-23. Call of warrants for annual payment of interest.
As soon as there is sufficient money in such special warrant interest fund to pay one year's interest on one or more outstanding warrants, the township treasurer shall notify the holder of the oldest registered warrant or warrants to present the same for payment of interest, and such treasurer shall continue to call all outstanding warrants for payment of interest in the order of registration as rapidly as funds are available therefor. No warrant shall, however, be called for payment of interest until the same shall have been registered for at least one year.
Source:
SL 1933, ch 160, §2; SDC 1939, §58.0709.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-24 - Loss of priority by failure to present warrant for annual interest.

8-10-24. Loss of priority by failure to present warrant for annual interest.
Any warrant holder who shall fail to present his warrant to the treasurer within thirty days after the treasurer shall have mailed him written notice to present the same, addressed to such holder's last known address, shall lose his right to payment in the order provided in §8-10-23, and no holder of a registered warrant shall be entitled to payment in the order provided in §8-10-23 unless he shall first have filed with the treasurer a description of the warrant or warrants held by him and his name and post office address.
Source:
SL 1933, ch 160, §2; SDC 1939, §58.0709.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-26 - Township exempt from execution--Payment of judgment by treasurer--Tax levy for payment of judgment.

8-10-26. Township exempt from execution--Payment of judgment by treasurer--Tax levy for payment of judgment.
No execution shall be issued upon any judgment for the recovery of money against the township, in any action or proceeding prosecuted by or against it, in its own name or the name of any of its officers for and on its behalf, but the same, unless reversed or stayed on appeal, shall be paid by the treasurer upon demand and the delivery to him of a properly executed satisfaction of such judgment, if there is sufficient money in the treasury for that purpose not otherwise appropriated. If sufficient funds are not available to pay such judgment, the amount due thereon, with interest, shall be added to the next ensuing tax levy, to be certified and collected as other township taxes are certified and collected, and such judgment shall be paid as soon as sufficient taxes have been collected to pay the same.
Source:
SL 1872-3, ch 51, §§89, 90; PolC 1877, ch 23, §§77, 78; SL 1883, ch 112, subch 1, §§98, 99; CL 1887, §§811, 812; RPolC 1903, §§1105, 1106; RC 1919, §6121; SDC 1939, §58.0813.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-27 - Accounts maintained by treasurer--Exhibition to township board.

8-10-27. Accounts maintained by treasurer--Exhibition to township board.
The township treasurer shall keep a true account of all money by him received by virtue of his office, and the manner in which the same is disbursed, in a book provided by the township for that purpose, and exhibit such account, together with his vouchers, to the township board at its regular meeting on the last Tuesday of February for adjustment.
Source:
SL 1872-3, ch 51, §76; PolC 1877, ch 23, §67; SL 1883, ch 112, subch 1, §72; CL 1887, §784; RPolC 1903, §1078; RC 1919, §6100; SDC 1939, §58.0703.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-28 - Examination by board of accounts of treasurer and officers handling money.

8-10-28. Examination by board of accounts of treasurer and officers handling money.
The board of supervisors shall, at its regular meeting on the last Tuesday of February in each year, examine and audit the accounts of the treasurer; and it shall audit the accounts of all other officers who are authorized by law to receive or disburse any money of the township by virtue of their offices.
Source:
SL 1872-3, ch 51, §70; PolC 1877, ch 23, §45; SL 1883, ch 112, subch 1, §79; CL 1887, §792; RPolC 1903, §1086; RC 1919, §6107; SDC 1939, §58.0803.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-29 - Report of fiscal affairs by board--Reading and publication of report.

8-10-29. Report of fiscal affairs by board--Reading and publication of report.
Such board shall make a report, stating in detail the items of account audited and allowed, the nature of each account, and the name of the person to whom such account was allowed, including a statement of the fiscal concerns of the township and an estimate of the sum necessary to meet the lawful expenditures of the ensuing year. Such report shall be produced and publicly read by the clerk at the next ensuing township meeting, and the whole or any portion of such report may be referred by order of the meeting to a committee, whose duty it shall be to examine the same and report thereon to such meeting. A majority of the township voters present at such meeting may cause such complete report, or any part thereof, to be published within ten days in a legal newspaper within the township or nearest to the township for one issue.
Source:
SL 1872-3, ch 51, §§71, 72; PolC 1877, ch 23, §§46, 47; SL 1883, ch 112, subch 1, §§80, 81; CL 1887, §§793, 794; RPolC 1903, §§1087, 1088; RC 1919, §§6108, 6109; SL 1925, ch 291; SDC 1939, §58.0804.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-30 - Treasurer's annual financial statement--Contents--Filing.

8-10-30. Treasurer's annual financial statement--Contents--Filing.
The township treasurer, within five days before the annual township meeting, shall prepare a report of the cash balance at the start of the fiscal year, receipts and disbursements for the fiscal year, and the cash balance and long-term debt as of the end of the fiscal year. The report shall be in the form prescribed by the auditor general. A copy of the report shall be filed with the township clerk and with the county auditor by the last day of March. Upon receiving a copy of the township annual report from the township treasurer, the county auditor shall forward a copy to the Department of Legislative Audit by the last day of April.
Source:
SDC 1939, §58.0705; SL 1994, ch 67; SL 2001, ch 40, §1.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-31 - Forfeiture by treasurer for neglect of duty.

8-10-31. Forfeiture by treasurer for neglect of duty.
Every township treasurer, who refuses or neglects to comply with the provisions of §§8-10-3, 8-10-27, and 8-10-30, shall forfeit not more than two thousand dollars, to be recovered by a civil action in the name of the township, for its use and benefit in the circuit court. The amount shall be fixed by the jury trying the cause or by the court if no jury is impaneled.
Source:
SL 1872-3, ch 51, §79; PolC 1877, ch 23, §70; SL 1883, ch 112, subch 1, §75; CL 1887, §787; RPolC 1903, §1081; RC 1919, §6103; SDC 1939, §58.0706; SL 1981, ch 44, §15.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 10 - Township Fiscal Affairs › Section 8-10-32 - Township authorized to enter lease-purchase agreement to lease real or personal property.

8-10-32. Township authorized to enter lease-purchase agreement to lease real or personal property.
The provisions of §8-10-7 or 8-10-8 or any other provision of law notwithstanding, any township may enter into a lease-purchase agreement for a term of years, not exceeding ten, for the purchase or lease by the municipality of real or personal property. Any lease-purchase agreement for a term exceeding one year requires the approval of more than sixty percent of the members-elect of the board of supervisors.
Source:
SL 1995, ch 37, §3.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 11 - Township Bonds › Section 8-11-3 - Authorization, issuance and sale--Vote required.

8-11-3. Authorization, issuance and sale--Vote required.
The governing body of the township, if authorized by law, may authorize, issue, and sell bonds as provided in chapter 6-8B, except that the election shall be conducted by a two-thirds vote of the registered voters present and voting at any annual township meeting or special township meeting called for that purpose.
Source:
SL 1883, ch 112, subch 1, §116; CL 1887, §830; RPolC 1903, §1137; SL 1911, ch 250, §1; RC 1919, §6133; SDC 1939, §58.1101; SL 1963, ch 451, §1; SL 1984, ch 43, §66.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 11 - Township Bonds › Section 8-11-4 - Refunding bonds issued on judgment against township--Compromise with judgment creditor.

8-11-4. Refunding bonds issued on judgment against township--Compromise with judgment creditor.
If a judgment has been recovered, either upon the principal or a defaulted coupon of any bond issued by any civil township, establishing the validity thereof in a court of competent jurisdiction, the governing body of the civil township may, by resolution passed and entered upon its records, declaring it to be for the best interests of the civil township, without submitting the matter to a vote of the voters thereof, issue the bonds of the civil township for the purpose of compromising the judgment. The bonds may be delivered to the judgment creditor upon the release by him of the judgment, and shall not exceed the amount due upon the judgment. The township may compromise and settle with the judgment creditor by the delivery of any lesser amount of bonds that the creditor may be willing to accept in settlement or for the release of the judgment. All bonds authorized by this section shall be issued and sold as provided in chapter 6-8B.
Source:
SL 1903, ch 81, §1; RC 1919, §6997; SDC 1939, §58.0814; SL 1984, ch 43, §67.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 11 - Township Bonds › Section 8-11-7 - Tax levy for retirement of bonds--Special fund.

8-11-7. Tax levy for retirement of bonds--Special fund.
It shall be the duty of the board of supervisors at or before the issuing of any such bonds to provide by resolution or bylaw for an annual tax sufficient to pay the interest and also the principal thereof, when due, which resolution or bylaw shall be irrepealable until such bonds and interest are fully paid. All taxes so levied, when collected, shall be placed in a special fund and no part thereof shall be used for any other purpose than to pay the interest and principal of the bonds for which they are levied and collected.
Source:
SL 1883, ch 112, subch 1, §118; CL 1887, §832; SD Const, art 13, §5; SL 1899, ch 41, §4; RPolC 1903, §1139; RC 1919, §§6135, 6998; SDC 1939, §58.1103.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 11 - Township Bonds › Section 8-11-8 - Investment of township debt service funds--Tax levy for bonds in debt service fund.

8-11-8. Investment of township debt service funds--Tax levy for bonds in debt service fund.
Every civil township maintaining a debt service fund for the payment of outstanding bonds, shall keep the accumulations in such debt service fund deposited with lawful depositories or invested in registered warrants or bonds of any municipal or public corporation of the State of South Dakota, or bonds, notes, or other obligations issued by any federal land bank, federal intermediate credit bank, bank for cooperatives, or any or all of the federal farm credit banks, or obligations of the United States, or bonds of any joint stock land bank of the United States, or bonds or securities of any kind issued by the State of South Dakota and the interest accruing on such investment of the debt service fund shall be credited to such debt service fund. The board of any township may invest moneys in any debt service funds thereof in bonds or registered warrants of such township. Moneys in any debt service fund shall be invested only in such of the above-named securities as will become due and payable on or before the date when the bonds for the payment of which such debt service fund was created become due and payable, except bonds of the United States or of the State of South Dakota. When such debt service fund is invested in other bonds of such township, there shall be a levy of a tax upon the taxable property of such township of sufficient amount to pay the interest and also the principal thereof when due, and such tax when collected shall be returned to the debt service fund for that purpose.
Source:
SL 1915, ch 277, §1; RC 1919, §6999; SL 1923, ch 264; SL 1927, ch 189; SL 1933, ch 164; SDC 1939, §58.1104; SL 1979, ch 37, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 01 - Definitions And General Provisions › Section 9-1-1 - Definition of terms.

9-1-1. Definition of terms.
Terms used in this title, unless the context otherwise plainly requires, shall mean:
(1)"County," the county or counties wherein the municipality concerned or affected is located;
(2)"Elector(s)" or "qualified elector(s)," voter(s);
(3)General terms descriptive of an officer, act, proceeding, or thing shall have reference to a municipality concerned or affected;
(4)"Governing body," the board of trustees, the board of commissioners, or the common council, as the case may be, of a municipality concerned or affected;
(5)"Lot" includes parcel or tract of land;
(6)"Municipal corporation" or "municipality," all cities and towns organized under the laws of this state but shall not include any other political subdivisions;
(7)"Owner," as used in the chapters relating to local improvements, the grantee in the last deed of conveyance of any lot or parcel of land recorded in the office of the register of deeds of the county or counties in which the municipality is located, or his heirs or successors;
(8)Except as provided by §9-13-13, any requirement for publication shall mean publication in the official newspaper of the municipality concerned or affected, if any; but if none, then, in a legal newspaper published in such municipality, if any; but if none, then, in any legal newspaper which serves such municipality;
(9)"Street" includes "avenue".
Personal service either within or without the state upon the person affected thereby by delivery of a copy of a notice required to be published shall be equivalent to the required publication.
Source:
SL 1891, ch 87, §1; RPolC 1903, §1567; SL 1909, ch 110, §19; RC 1919, §§6154, 6186, 6358, 6579; SDC 1939, §45.0101; SL 1949, ch 178; SL 1961, ch 242; SL 1978, ch 60, §9.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 01 - Definitions And General Provisions › Section 9-1-2 - Municipalities governed by title.

9-1-2. Municipalities governed by title.
All municipalities organized under the provisions of this title shall be governed by the provisions of this title.
Source:
SL 1890, ch 37, art I, §4; RPolC 1903, §§1170, 1173; RC 1919, §§6155, 6156; SDC 1939, §45.0104; SL 1975, ch 84.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 01 - Definitions And General Provisions › Section 9-1-3 - Judicial notice of municipal organization.

9-1-3. Judicial notice of municipal organization.
The courts of this state shall take judicial notice of the existence of all municipalities organized under the general laws of this state and of any change of organization authorized thereby.
Source:
SL 1890, ch 37, art I, §5; RPolC 1903, §1174; SL 1913, ch 119, §5; RC 1919, §6158; SDC 1939, §45.0108.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 01 - Definitions And General Provisions › Section 9-1-4 - Corporate seal--Corporate name.

9-1-4. Corporate seal--Corporate name.
Every municipality shall have and use a corporate seal, which it may change at pleasure.
It also shall have a corporate name and be styled the "city of ____" or the "town of ____," by which style it may exercise the powers conferred upon it.
Source:
SL 1890, ch 37, art I, §6; RPolC 1903, §§1175, 1436; SL 1913, ch 119, §6; RC 1919, §6161; SDC 1939, §45.0106.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 01 - Definitions And General Provisions › Section 9-1-5 - Contracts to be authorized by governing body--Execution of contracts and other instruments--Delegation of authority.

9-1-5. Contracts to be authorized by governing body--Execution of contracts and other instruments--Delegation of authority.
No contract of a municipality is valid unless the contract has been authorized by a vote of the governing body at a duly assembled meeting thereof.
Each written contract shall be executed in the name of the municipality by the mayor or president of the board of trustees, be countersigned by the auditor or clerk, and have the corporate seal attached. However, the governing body of a municipality may, by ordinance or resolution, delegate to any employee of the municipality the authority to enter into a contract on behalf of the municipality and to execute the contract and any other instrument necessary or convenient for the performance of the contract subject to the limitations delegated by the governing body.
Source:
RPolC 1903, §1332; SL 1909, ch 110, §8; SL 1913, ch 119, §67; RC 1919, §6347; SL 1921, ch 297; SL 1925, ch 235; SDC 1939, §45.0107; SL 2006, ch 34, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 01 - Definitions And General Provisions › Section 9-1-6 - Citizens' remedies to enforce requirements of title.

9-1-6. Citizens' remedies to enforce requirements of title.
Any citizen and taxpayer residing within a municipality may maintain an action or proceeding to prevent, by proper remedy, a violation of any provision of this title.
Source:
SL 1913, ch 119, §134; RC 1919, §6163; SDC 1939, §45.0112.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 01 - Definitions And General Provisions › Section 9-1-7 - Existing rights unaffected--Remedies cumulative .

9-1-7. Existing rights unaffected--Remedies cumulative.
The adoption of this code, except as otherwise specifically provided, shall not affect any then existing right or liability of or prosecution by any municipality, but any different applicable remedy provided shall be cumulative to existing remedies.
Source:
SL 1890, ch 37, art I, §7; RPolC 1903, §1176; SL 1913, ch 119, §7; RC 1919, §6160; SDC 1939, §45.0110.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 01 - Definitions And General Provisions › Section 9-1-9 - Appeal to circuit court--Transcript--Conditional use permit.

9-1-9. Appeal to circuit court--Transcript--Conditional use permit.
An appeal and transcript, if a transcript exists, shall be filed by the finance officer 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. An appeal relating to a conditional use permit determination shall be heard and determined pursuant to §11-4-25.1.
Source:
SL 2018, ch 68, §4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 02 - Classes Of Municipalities › Section 9-2-1 - Classes enumerated--Population groups.

9-2-1. Classes enumerated--Population groups.
There shall be the following three classes of municipal corporations:
(1)Municipalities of the first class are municipal corporations with a population of five thousand and over;
(2)Municipalities of the second class are municipal corporations with a population between five hundred and five thousand;
(3)Municipalities of the third class are municipal corporations with a population of less than five hundred.
Source:
SL 1899, ch 61, §1; RPolC 1903, §1179; RC 1919, §§6164 to 6167; SDC 1939, §45.0102; SL 1992, ch 60, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 02 - Classes Of Municipalities › Section 9-2-2 - Population determined by census--Estimate by election totals after change of municipal boundaries.

9-2-2. Population determined by census--Estimate by election totals after change of municipal boundaries.
For the purpose of classification the population of each municipality shall be determined by the last preceding federal census. Whenever the enumeration of such last preceding census was made with reference to territory substantially different from that embraced by the boundaries of the municipality, the governing body by resolution may authorize and direct its auditor or clerk to determine the population by filing in his office a certificate showing the whole number of persons who voted at the last preceding annual municipal election, which number multiplied by three shall constitute the population for the purpose of classification until the next federal census shall have been completed.
Source:
SL 1899, ch 61, §2; RPolC 1903, §1180; SL 1913, ch 121; RC 1919, §6168; SDC 1939, §45.0103.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 02 - Classes Of Municipalities › Section 9-2-3 - Form of municipal government.

9-2-3. Form of municipal government.
Each municipality shall be governed by a board of trustees, a mayor and common council, or by a board of commissioners. A city manager may serve with any of the forms of government.
Source:
SDC 1939, §45.0401; SL 1992, ch 60, §2; SL 2000, ch 34, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 02 - Classes Of Municipalities › Section 9-2-4 - Form of government for existing municipalities continued.

9-2-4. Form of government for existing municipalities continued.
The present form of government of existing municipalities shall continue until changed as provided by this title.
Source:
RC 1919, §6188; SDC 1939, §45.0402.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 02 - Classes Of Municipalities › Section 9-2-7 - Determination of number of inhabitants in wards.

9-2-7. Determination of number of inhabitants in wards.
For the purpose of dividing a municipality into wards, the number of inhabitants shall be determined by subdivision 2-14-2(20). However, the governing body may, by resolution, authorize its auditor, clerk, or finance officer to determine the number of inhabitants by filing in his office a certificate showing the whole number of persons registered to vote in each ward of the municipality. That number multiplied by two shall constitute the number of inhabitants until the next federal census is completed.
Source:
SL 1977, ch 68, §14; SL 1981, ch 44, §16.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-1 - Minimum population of municipalities.

9-3-1. Minimum population of municipalities.
A municipality may not be incorporated unless it contains at least one hundred legal residents and at least forty-five registered voters. For the purposes of this section, a person is a legal resident in the proposed municipality if the person actually lives in the proposed municipality for at least ninety days of the three hundred sixty-five days immediately preceding the filing of the petition or is an active duty member of the armed forces whose home of record is within the proposed municipality.
Source:
PolC 1877, ch 24, §2; CL 1887, §1023; RPolC 1903, §1418; SL 1909, ch 73; RC 1919, §6172; SDC 1939, §45.0302; SL 2016, ch 48, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-1.1 - Minimum distance from existing municipality--Exceptions.

9-3-1.1. Minimum distance from existing municipality--Exceptions.
A municipality may not be incorporated if any part of such proposed municipality lies within three miles of any point on the perimeter of the corporate limits of any incorporated municipality, unless the incorporated municipality refuses or fails to annex a territory which is contiguous to said incorporated municipality, and said contiguous territory has properly petitioned said municipality to be annexed thereto, as provided by §9-4-1. However, a proposed municipality may be incorporated that is within three miles of an incorporated municipality if the territory to be incorporated is in a different county and has a post office prior to incorporation.
Source:
SL 1971, ch 54; SL 1987, ch 74; SL 2016, ch 48, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 03 - Incorporation Of Municipalities › Section 9-3-2 - Survey and map showing proposed municipal boundaries--Affidavit of surveyor.

9-3-2. Survey and map showing proposed municipal boundaries--Affidavit of surveyor.
Persons making application for the organization of a proposed municipality shall first cause an accurate survey and map to be made of the territory intended to be embraced within the limits of the proposed municipality showing the boundaries and area thereof and the accuracy of which shall be verified by the affidavit of the surveyor.
Source:
PolC 1877, ch 24, §1; CL 1887, §1022; RPolC 1903, §1417; RC 1919, §6171; SDC 1939, §45.0301; SL 2016, ch 48, §3.