reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 10 - Incorporation and Dissolution of Political Subdivisions › Section 6-10-2 - Form of notice filed with secretary of state--Articles or order.

6-10-2. Form of notice filed with secretary of state--Articles or order.
Such notice of incorporation or dissolution shall be in the form of a certified copy of the articles of incorporation, where applicable; or a certified copy of an order of incorporation or an order of dissolution issued by a court of competent jurisdiction or a board or commission authorized by law to effect such incorporation or dissolution.
Source:
SL 1965, ch 266, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 10 - Incorporation and Dissolution of Political Subdivisions › Section 6-10-3 - Fees and tax money withheld from noncomplying subdivisions.

6-10-3. Fees and tax money withheld from noncomplying subdivisions.
No fees or reversions of tax money, authorized by law, shall be made to any subdivision of state government until the provisions of this chapter have been fully complied with by the subdivisions involved.
Source:
SL 1965, ch 266, §3.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 12 - Home Rule Charters › Section 6-12-1 - Expenses and cost of charter preparation and election.

6-12-1. Expenses and cost of charter preparation and election.
Whether initiated by the voters or provided by the governing boards, counties, and first and second class municipalities are authorized to expend from their general funds expenses in connection with the preparation and sponsorship of a charter proposal and shall pay the cost of election conducted on the question of adoption or amendment of a charter.
Source:
SL 1974, ch 52, §1; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 12 - Home Rule Charters › Section 6-12-2 - Voting on proposal--Alternatives.

6-12-2. Voting on proposal--Alternatives.
When a governing board or a combination of governing boards propose to provide a home rule charter they may either initially submit the proposed charter to a vote or may submit to a vote the question of whether a charter should be initiated and present alternatives as issues upon the same ballot as to the composition and selection of a charter commission to draft the proposed charter.
Source:
SL 1974, ch 52, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 12 - Home Rule Charters › Section 6-12-3 - Alternatives proposed by board action on initiated petition.

6-12-3. Alternatives proposed by board action on initiated petition.
The governing board or boards to whom an initiated petition is presented and to which a proposed charter is not attached, in addition to the question of whether or not a charter should be adopted, shall, unless the petition contains a general statement as to the petitioner's choice as to the composition and the manner of selection of a charter commission, propose alternatives as provided by §6-12-2.
Source:
SL 1974, ch 52, §3.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 12 - Home Rule Charters › Section 6-12-4 - Governmental structure to be established in charter.

6-12-4. Governmental structure to be established in charter.
A charter, to be valid, must establish therein the form of governmental structure under which the home rule unit will function.
Source:
SL 1974, ch 52, §4.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 12 - Home Rule Charters › Section 6-12-5 - Standards to be at least as stringent as state law.

6-12-5. Standards to be at least as stringent as state law.
Neither charter nor ordinances adopted thereunder may set standards and requirements which are lower or less stringent than those imposed by state law, but they may set standards and requirements which are higher or more stringent than those imposed by state law, unless a state law provides otherwise.
Source:
SL 1974, ch 52, §5.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 12 - Home Rule Charters › Section 6-12-6 - Restrictions on power of home rule units.

6-12-6. Restrictions on power of home rule units.
The power of a home rule unit does not include the power to:
(1)Enact private or civil law governing civil relationships except as incident to the exercise of an independent county or municipal power;
(2)Define and provide for the punishment of a crime, but this limitation shall not abridge the power of a home rule unit to provide punishment for the violation of ordinances or charter provisions by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months or by both such fine and imprisonment;
(3)Abridge laws relating to elementary and secondary education;
(4)Change assessment practices and procedures relating to ad valorem taxation of property;
(5)Exempt itself from providing the necessary personnel and facilities to perform services required by general law to be performed by a like unit or units of local government;
(6)Deny referendum on ordinances or bylaws provided by chapter 9-19;
(7)Regulate rates or conditions of service of any public utility regulated by the South Dakota Public Utilities Commission.
Source:
SL 1974, ch 52, §6; SL 1975, ch 283, §56.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 12 - Home Rule Charters › Section 6-12-7 - Time of election on charter proposal by commission.

6-12-7. Time of election on charter proposal by commission.
When a commission has been selected or appointed to draft a proposed charter or an amendment to a charter, an election on the question must be held within one year after initiation of the proposed action.
Source:
SL 1974, ch 52, §10.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 12 - Home Rule Charters › Section 6-12-8 - Special election on home rule charter--Exception.

6-12-8. Special election on home rule charter--Exception.
A special election shall be called on any question involving a home rule charter unless another election is scheduled within one hundred twenty days of the initiation of the action.
Source:
SL 1974, ch 52, §8; SL 2005, ch 42, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 12 - Home Rule Charters › Section 6-12-8.1 - Initiation of the action defined.

6-12-8.1. Initiation of the action defined.
For purposes of §§6-12-7 and 6-12-8, an initiation of the action means the point at which the governing body or combination of governing bodies have passed a motion to either submit the proposed charter to a vote or to submit to a vote the question of whether a charter should be initiated pursuant to §6-12-2.
Source:
SL 2005, ch 42, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 12 - Home Rule Charters › Section 6-12-9 - Preparation for election--Time of election on initiated charter.

6-12-9. Preparation for election--Time of election on initiated charter.
If there is no scheduled election qualifying under §6-12-8, elections will be noticed and ballots will be prepared to accommodate absentee voting under the general election law, and if it is on the question of adopting of a charter or an amendment which has been drafted and approved by the initiators, such election shall be held within sixty days after its filing.
Source:
SL 1974, ch 52, §9.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 12 - Home Rule Charters › Section 6-12-10 - Application of general election laws.

6-12-10. Application of general election laws.
Except as provided in §§6-12-7 to 6-12-9, inclusive, general election laws shall govern elections on questions of adoption, amendment, or repeal of a charter.
Source:
SL 1974, ch 52, §7.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 12 - Home Rule Charters › Section 6-12-11 - Filing of adopted charter with secretary of state--Violation--Effect.

6-12-11. Filing of adopted charter with secretary of state--Violation--Effect.
The person charged with the conduct of an election concerning a question on adoption of a charter or amendment thereto shall, within thirty days after the canvass and return thereon, file with the secretary of state a certified copy of a charter or amendment adopted. Any person violating the provisions of this section is guilty of a Class 2 misdemeanor, but the failure of such person to so file shall not invalidate any election on such a question or a charter or amendment adopted pursuant thereto.
Source:
SL 1974, ch 52, §11; SL 1981, ch 43, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 12 - Home Rule Charters › Section 6-12-12 - Chapter not to invalidate prior proceedings.

6-12-12. Chapter not to invalidate prior proceedings.
Nothing in this chapter shall be construed to invalidate any proceedings had before July 1, 1974, in connection with the formation or submission of any charter provision instituted prior to July 1, 1974.
Source:
SL 1974, ch 52, §12.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 12 - Home Rule Charters › Section 6-12-14 - Taxing power limited.

6-12-14.Taxing power limited.
No county, city, or other governmental unit, including governmental units chartered under S. D. Const., Art. IX, §2, unless otherwise specifically provided by statute, may, enact or increase, in any form a tax, fee, or charge that is: related to the state lottery; similar to a tax which provides revenues to the state; or similar to state licensing or regulatory fees enacted by statute or adopted by rule. The provisions of this section do not prohibit any tax or fee enacted and imposed on or before March 1, 1996.
Source:
SL 1997, ch 42, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 12 - Home Rule Charters › Section 6-12-15 - Scope of section 6-12-14.

6-12-15. Scope of section 6-12-14.
Nothing in §6-12-14 is intended to authorize any county, city, or other governmental unit chartered under S.D. Const., Art. IX, §2, to enact or increase a tax, fee, or other charge that is denied by its charter, the Constitution, or the general laws of the state.
Source:
SL 1997, ch 42, §3.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 13 - Disposal of Surplus Government Property › Section 6-13-1 - Disposition of surplus property.

6-13-1. Disposition of surplus property.
The governing board of a political subdivision may sell, trade, loan, destroy, or otherwise dispose of any land, structures, equipment, or other property which the governing board has, by appropriate motion, determined is no longer necessary, useful, or suitable for the purpose for which it was acquired. No motion is required to sell, trade, loan, destroy, or otherwise dispose of consumable supplies, printed text, zoo animals, or subscriptions.
Source:
SL 1988, ch 64, §1; SL 1998, ch 38, §1; SL 2005, ch 41, §1; SL 2012, ch 48, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 13 - Disposal of Surplus Government Property › Section 6-13-2 - Appraisal of value of surplus property--Filing of report.

6-13-2. Appraisal of value of surplus property--Filing of report.
After the governing board of a political subdivision has made a determination of surplus property pursuant to §6-13-1, the governing board shall appoint three real property owners of the political subdivision to appraise the value of such property. Such real property owners shall file a report of the appraisal with the fiscal officer of the political subdivision. The governing board may employ a person or persons licensed by the state to do fee appraisals in lieu of the property owners conducting an appraisal pursuant to this section.
Source:
SL 1988, ch 64, §2; SL 1989, ch 60.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 13 - Disposal of Surplus Government Property › Section 6-13-3 - Improvements appraised separately--Equipment and property not appraised.

6-13-3. Improvements appraised separately--Equipment and property not appraised.
Any improvements on land shall be appraised separately from the land. Equipment or supplies which are to be traded for other property, property which is to be destroyed, property which is to be transferred to another political subdivision pursuant to §6-5-1, property being sold which was created as a result of an educational program in a school and property which is to be sold at public auction need not be appraised pursuant to this chapter.
Source:
SL 1988, ch 64, §3.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 13 - Disposal of Surplus Government Property › Section 6-13-4 - Notice by publication of sale of surplus property--Exceptions.

6-13-4. Notice by publication of sale of surplus property--Exceptions.
Any surplus property appraised pursuant to §6-13-2 at five hundred dollars or less or any animal owned by a municipality for a zoo may be sold by the governing board at a private or public sale without notice. The governing board of the political subdivision shall give notice of the sale of all other surplus property, including property created as a result of an educational program in a school, by publishing a notice of the sale at least twice, with the first publication not less than ten days prior to the date of the sale. The first publication shall be in the official newspapers of the political subdivision and the second publication may be in any legal newspaper of the state chosen by the governing board of the political subdivision. If the political subdivision has no official newspaper, the first publication shall be made in a legal newspaper with general circulation in the area, to be selected by the governing board of the political subdivision. The notice shall describe the property to be sold and the time when bids will be opened. The governing board may open the bids or may designate an official and a witness to open all bids prior to the meeting of the governing board and shall state such in the notice of sale. Property to be transferred to another political subdivision pursuant to §6-5-1 need not be advertised.
Source:
SL 1988, ch 64, §4; SL 1990, ch 48, §2; SL 1990, ch 53; SL 1992, ch 50; SL 1997, ch 43, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 13 - Disposal of Surplus Government Property › Section 6-13-5 - Receipt of sealed bids--Sale to highest bidder--Absence of bids--Private sale.

6-13-5. Receipt of sealed bids--Sale to highest bidder--Absence of bids--Private sale.
Sealed bids received on the surplus property shall be filed with the fiscal officer of the political subdivision and shall be opened at a governing board meeting at the time specified in the notice required by §6-13-4, or the governing board may designate an official of the political subdivision and a witness to open all bids before the meeting of the governing board as specified in the notice required by §6-13-4. The governing board may reject any and all bids. However, if the governing board accepts a bid, it must be the bid of the highest bidder. If no bids are received, the governing board may have the surplus property reappraised pursuant to §6-13-2, or may, within twelve months thereafter, sell the property at private sale for not less than ninety percent of the appraised value without further publication or appraisal. If the property to be sold was created as a result of an educational program in a school, the school board may accept the highest bid or it may reject all bids and may sell the property at private sale without further publication.
Source:
SL 1988, ch 64, §5; SL 1995, ch 36; SL 1996, ch 50; SL 2002, ch 38, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 13 - Disposal of Surplus Government Property › Section 6-13-5.1 - Sale of property conveyed by a railroad.

6-13-5.1. Sale of property conveyed by a railroad.
The provisions of §§6-13-4 and 6-13-5 notwithstanding, property that was conveyed to a political subdivision by a railroad may be sold to the lessee of the property or, if there is no lessee, to the owner of property abutting the property to be sold for not less than its appraised value. No vacation, change, relocation, or sale of the property as provided in this section may diminish any existing right of use enjoyed by any public utility, municipally-owned utility, or cooperative utility.
Source:
SL 1989, ch 61.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 13 - Disposal of Surplus Government Property › Section 6-13-5.2 - Sale of government property at public auction or through broker--Offers--Notice.

6-13-5.2. Sale of government property at public auction or through broker--Offers--Notice.
In lieu of receiving sealed bids as required by this chapter, a school district, municipality, or county may sell real property at public auction or by listing the property with one or more licensed real estate brokers. The governing body may accept any offer for purchase of real property. If a governing body sells real property by public auction or through a real estate broker, the governing body shall give notice of the sale of the real property and the appraised value of the real property from the appraisal report on file with the fiscal offices of the governing body as required by §6-13-4.
Source:
SL 1998, ch 35, §2; SL 2002, ch 39, §1; SL 2018, ch 48, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 13 - Disposal of Surplus Government Property › Section 6-13-6 - Sale by auction--Notice by publication.

6-13-6. Sale by auction--Notice by publication.
In lieu of sealed bids, the governing board of a political subdivision may sell surplus property at auction. Such governing board shall advertise such auction by publication pursuant to §6-13-4. Surplus property may be sold to the highest bidder at such auction.
Source:
SL 1988, ch 64, §6.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 13 - Disposal of Surplus Government Property › Section 6-13-7 - Persons prohibited from purchasing surplus property--Exception.

6-13-7. Persons prohibited from purchasing surplus property--Exception.
No governing board member, any officer of a county, municipality, township, or school district, who has been elected or appointed, or real property owner acting as an appraiser may purchase the surplus property except at public auction.
Source:
SL 1988, ch 64, §7; SL 1997, ch 43, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 13 - Disposal of Surplus Government Property › Section 6-13-8 - Deposit and credit of sale revenue.

6-13-8. Deposit and credit of sale revenue.
All revenue accruing from the sale of surplus property pursuant to this chapter shall be paid into the treasury of such political subdivision and credited, at the discretion of the governing board, to the general fund, to the fund in which such property was inventoried, or to the capital outlay fund of a school district.
Source:
SL 1988, ch 64, §8; SL 2001, ch 35, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 13 - Disposal of Surplus Government Property › Section 6-13-9 - Sale of real property under installment contract.

6-13-9. Sale of real property under installment contract.
The governing board may sell any real property with a purchase price in excess of two hundred fifty dollars under an installment contract. The property may not be sold for less than ninety percent of the appraised value. Before the governing board may sell any real property under an installment contract it shall attempt to sell such property pursuant to §6-13-5 or 6-13-6. The governing board shall determine the terms and conditions of the installment contract including the number of installments, the date of payment and the rate of interest. The purchaser may, at his option, pay the balance or any number of installments on any interest paying date.
Source:
SL 1989, ch 62, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 13 - Disposal of Surplus Government Property › Section 6-13-10 - Acceptance of bid for installment contract.

6-13-10. Acceptance of bid for installment contract.
Immediately upon the acceptance of any bid under §6-13-9, the purchaser shall deposit the amount of the cash payment with the fiscal officer. The fiscal officer shall provide the purchaser with a receipt for such payment and retain a copy in his office.
Source:
SL 1989, ch 62, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 13 - Disposal of Surplus Government Property › Section 6-13-11 - Board approval of installment contract sales.

6-13-11. Board approval of installment contract sales.
At the first meeting of the governing board of the political subdivision after a sale has been made pursuant to §§6-13-9 to 6-13-14, inclusive, the fiscal officer shall report the sale to the board together with all his proceedings. The governing board may refuse to approve the sale if the purchase price offered is, in the judgment of the board, less than the true and full value of the real property. If the sale is not approved, the fiscal officer shall return the purchaser's deposit. The purchaser shall surrender the receipt for such deposit.
Source:
SL 1989, ch 62, §3.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 13 - Disposal of Surplus Government Property › Section 6-13-12 - Full purchase price paid in cash--Execution of deed.

6-13-12. Full purchase price paid in cash--Execution of deed.
If the governing board approves a sale pursuant to §6-13-11, and the full amount of the purchase price has been paid in cash, the board shall direct that a deed conveying such property be delivered to the purchaser thereof. The deed shall be executed in the name of the chairman of the governing board and attested by the fiscal officer. The deed shall vest in the grantee or grantees all of the right, title, and interest of the political subdivision in and to such real property so sold and every part thereof.
Source:
SL 1989, ch 62, §4.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 13 - Disposal of Surplus Government Property › Section 6-13-13 - Less than full amount of purchase price in cash--Execution of contract for deed.

6-13-13. Less than full amount of purchase price in cash--Execution of contract for deed.
If the governing board approves the sale pursuant to §6-13-11, and less than the full amount of the purchase price is paid in cash and the remainder is to be paid in annual installments, the purchaser or purchasers shall be given a contract for deed covering such real property. The contract for deed shall be executed in the name of the chairman of the governing board of the political subdivision and attested by the fiscal officer. The contract for deed shall state that the political subdivision agrees to convey all of the right, title, and interest of the political subdivision in and to such real property so sold and every part thereof upon the full performance thereof by the purchaser. The contract for deed shall contain a recital of the terms of the sale, the amount of cash paid at the sale, the amount of each of the annual installments, the date of payment of such annual installments, and the rate of interest thereon. The contract for deed shall require the purchaser to make the payments of principal and interest in the amounts and at the times provided by §6-13-9. The contract for deed shall require that all taxes assessed and levied upon the real property described therein shall be paid in full each year during the term of the contract for deed and before the taxes become delinquent. The contract for deed shall provide that in case of default in the payment of any annual installment or interest or taxes assessed and levied, the governing board, at its option, may declare the contract at an end and proceed immediately to foreclose the deed in the manner provided by law for the strict foreclosure of executory contract for the sale of real estate. The contract for deed shall provide that all payments made prior to such default shall be retained by the political subdivision as liquidated damages.
Source:
SL 1989, ch 62, §5.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 13 - Disposal of Surplus Government Property › Section 6-13-14 - Transfer, license, or sale of computer software--Notice to board.

6-13-14. Transfer, license, or sale of computer software--Notice to board.
Any state agency may transfer, license, or sell any computer software in which the agency possesses a transferable interest upon such terms and conditions as the agency may determine. Notice of negotiations leading to possible transfer, licensure, or sale shall be provided to the Bureau of Administration prior to entering into any agreement to transfer, license, or sell such software.
Source:
SL 1989, ch 62, §6.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 13 - Disposal of Surplus Government Property › Section 6-13-15 - Transfer of county or municipal museum collections to certain nonprofit organizations.

6-13-15. Transfer of county or municipal museum collections to certain nonprofit organizations.
Notwithstanding any other provision of law, any county or municipality may provide as a gift to any nonprofit organization that meets the requirements of this section and that is recognized as an exempt organization under §501(c)3 of the Internal Revenue Code of 1986, as amended to January 1, 1996, any collection of historical artifacts, documents, or other materials that has been housed in a museum or other display owned by the county or municipality. The gift may include collection display and storage fixtures and related tangible personal property. To be eligible to receive the collection the nonprofit organization shall agree to:
(1)Display or store the collection within the State of South Dakota;
(2)Not dispose of the collection except to return the collection to the county or municipality or in accordance with mutually agreed upon collections management policies; and
(3)Return all of the nonprofit organization's assets acquired under this section to the county or municipality upon dissolution of the nonprofit organization.
Source:
SL 1996, ch 49.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 13 - Disposal of Surplus Government Property › Section 6-13-16 - Loaning of zoo animals.

6-13-16. Loaning of zoo animals.
Any municipality or other political subdivision of the state that operates a zoo may enter into an agreement for the loaning of zoo animals with another political subdivision, nonprofit corporation, or other entity that operates a zoo accredited by the Association of Zoos and Aquariums or other appropriate institutions dealing with animal care, breeding, welfare, or wildlife education. The zoo that accepts the loaned zoo animals may be located inside or outside the State of South Dakota. The loan agreement shall be under terms and conditions agreed to by the parties to the agreement. Zoo animals loaned pursuant to this section are not deemed to be surplus property, and no motion is required to enter into an agreement for the loaning of zoo animals.
Source:
SL 2012, ch 48, §3.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 14 - Endowment Funds › Section 6-14-1 - Creation and transfer of endowment fund.

6-14-1. Creation and transfer of endowment fund.
The governing body of a political subdivision of this state may, by resolution, create an endowment fund. Notwithstanding any other law to the contrary, the governing body may transfer any gift or donation to the endowment fund. The governing body may transfer ownership of the endowment fund or may transfer the custody of the assets of the endowment fund and retain ownership of the assets of the endowment fund. No limit on the amount of unobligated cash balance applies to the revenue in the fund created by this chapter.
Source:
SL 1991, ch 56, §1; SL 2009, ch 28, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 14 - Endowment Funds › Section 6-14-2 - Spending.

6-14-2. Spending.
The interest earned from the revenue in an endowment fund created pursuant to §6-14-1 may be spent by the governing body of a political subdivision for any legal purpose. The principal in an endowment fund may be expended by the governing body by resolution after a public hearing called for that purpose.
Source:
SL 1991, ch 56, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 15 - Limitation on State Mandated Services › Section 6-15-1 - Limited effect of state mandates to provide new activities or services.

6-15-1. Limited effect of state mandates to provide new activities or services.
No state law, rule, or regulation which mandates any county, municipality, or school district to engage in any new activity, to provide any new service, to increase any current level of activity or to provide any service beyond that required by existing law has the force of law unless or until the state provides sufficient new funding or a means of new funding to the county, municipality, or school district to pay the cost of performing the mandated activity or service for the period of time during which the activity or service is required to be performed.
Source:
SL 1993, ch 61, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 15 - Limitation on State Mandated Services › Section 6-15-2 - Laws, rules, or regulations unaffected.

6-15-2. Laws, rules, or regulations unaffected.
Section 6-15-1 does not apply to any law, rule, or regulation:
(1)Concerning the conduct of elections;
(2)Required by federal law;
(3)Required to fund the unified judicial system;
(4)Required to fund the welfare system;
(5)Creating, modifying, or repealing any criminal law;
(6)Reauthorizing but not expanding existing statutory authority; or
(7)Specifying a minimum salary for public officials.
Source:
SL 1993, ch 61, §2; SL 2001, ch 37, §6.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 16 - Special Districts › Section 6-16-1 - Elections--Special districts--Board of directors.

6-16-1. Elections--Special districts--Board of directors.
Sections 6-16-1 to 6-16-7, inclusive, apply to elections for the formation of certain special districts and for the initial election of the board of directors or trustees for these districts. The special districts covered are: county road, ambulance, rural fire protection, sanitary, irrigation, watershed, and water project districts.
Source:
SL 1998, ch 36, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 16 - Special Districts › Section 6-16-2 - Petition--Number of signatories--Deposit for costs.

6-16-2. Petition--Number of signatories--Deposit for costs.
The application for organization shall be a petition verified by one or more circulators by affidavit stating that each affiant personally witnessed the signatures on the petition and believe the signatures to be genuine. Except as provided in this section, the petition shall be signed by at least twenty-five percent of the registered voters within the proposed district. If the proposed district is in two or more counties, a petition shall be filed in each county and each petition shall be signed by at least twenty-five percent of the registered voters within the proposed district in that county. The petition shall be accompanied by a deposit covering the estimated costs as determined by the county auditor of the public notices and the conduct of the election for the formation of the district. The county auditor may waive the deposit or payment requirement or may specify other arrangements for payment of the publication and election costs. If the district to be formed is a road district, the petition shall conform to the requirements of §31-12A-3 and shall be signed by at least twenty-five percent of the eligible voters of the district as defined in §31-12A-1.2. If the district to be formed is a watershed district, the petition shall be signed by at least twenty-five percent of the eligible voters of the district as defined in §46A-14-15.1 and as provided in §46A-14-5. If the district to be formed is a water project district, any petition required by this section shall be signed by qualified voters of the proposed district, as defined in §§46A-18-2.1 and 46A-18-2.2, in the appropriate county.
Source:
SL 1998, ch 36, §2; SL 1999, ch 151, §10; SL 2000, ch 32, §1; SL 2011, ch 35, §1; SL 2013, ch 228, §1; SL 2014, ch 46, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 16 - Special Districts › Section 6-16-3 - Formation of new district.

6-16-3. Formation of new district.
If the proposed district is in two or more counties, each county auditor and board of county commissioners shall cooperate to perform the requirements of §§6-16-1 to 6-16-7, inclusive, and the chapter specific to the formation of that district in setting the date for and conducting the election of the proposed district.
Source:
SL 1998, ch 36, §3.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 16 - Special Districts › Section 6-16-4 - Notification of voter registration deadline.

6-16-4. Notification of voter registration deadline.
The county auditor shall publish the notice of the voter registration deadline at least once each week for two consecutive weeks, the last publication to be not less than twenty-four nor more than thirty days prior to the election. If the eligible voters are defined as landowners only for the special district to be formed, the notice of the voter registration deadline does not need to be published. The auditor shall publish each notice of election at least once each week for two consecutive weeks, the last publication to be not less than four nor more than ten days before the election in at least one legal newspaper of general circulation in the proposed district.
Source:
SL 1998, ch 36, §4; SL 2000, ch 32, §2; SL 2008, ch 35, §1, eff. Feb. 27, 2008; SL 2016, ch 43, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 16 - Special Districts › Section 6-16-5 - Election on question of incorporation in districts containing less than one thousand voters--Election of directors or trustees.

6-16-5. Election on question of incorporation in districts containing less than one thousand voters--Election of directors or trustees.
If the proposed district contains less than one thousand eligible voters as defined in §6-16-6, the county auditor shall set a date, time, and location for a meeting to be held within the district, or at the county seat of any county in which a portion of the proposed district is located, to conduct an election on the question of formation of the special district. The date may not be more than sixty days after the appropriate board declares that the application for incorporation is valid. The auditor shall appoint three judges of election, one of whom shall serve as the superintendent, to conduct the election. The vote upon the question of incorporation shall be by ballot which conforms to a ballot for a statewide question except that the statement required to be printed on the ballot shall be prepared by the state's attorney. After the vote is cast and counted, the judges shall prepare a certification showing the whole number of ballots cast, together with the number voting for and the number voting against incorporation, and shall return the certification to the county auditor. If a majority, or if it is a water project district at least sixty percent, of the votes cast on the question of formation is in favor, an election shall be conducted by those present at the same meeting to elect the initial board of directors or trustees.
Source:
SL 1998, ch 36, §5; SL 2006, ch 29, §3; SL 2008, ch 35, §2, eff. Feb. 27, 2008; SL 2010, ch 74, §2; SL 2013, ch 228, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 16 - Special Districts › Section 6-16-5.1 - Election on question of incorporation in districts containing one thousand or more voters.

6-16-5.1. Election on question of incorporation in districts containing one thousand or more voters.
If the proposed district contains one thousand or more eligible voters as defined in §6-16-6, the county auditor shall set a date for an election to be held within the district, or at the county seat of any county in which a portion of the proposed district is located, on the question of formation of the special district. The date may not be more than sixty days after the appropriate board declares that the application for incorporation is valid. The election shall be conducted pursuant to Title 12. The vote upon the question of incorporation shall be by ballot which conforms to a ballot for a statewide question except that the statement required to be printed on the ballot shall be prepared by the state's attorney. The election shall be canvassed by the county commission.
Source:
SL 2008, ch 35, §4, eff. Feb. 27, 2008; SL 2013, ch 228, §3.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 16 - Special Districts › Section 6-16-5.2 - Election of directors or trustees in districts containing one thousand or more voters.

6-16-5.2. Election of directors or trustees in districts containing one thousand or more voters.
If a majority, or if it is a water project district at least sixty percent, of the votes cast in an election conducted pursuant to §6-16-5.1 is in favor on the question of formation of the special district, an election shall be conducted by the county auditor within sixty days after the official canvass to elect the initial board of directors or trustees. The election shall be conducted pursuant to Title 12. The county auditor shall publish a notice of vacancy no later than fifty days prior to the election. Circulation of nominating petitions may begin upon completion of the official canvass of the election to form the district. Nominating petitions shall be filed with the county auditor by 5:00 p.m. at least thirty days before the election. The nominating petitions shall contain signatures of at least twenty-five eligible voters in the district as defined in §6-16-6. Absentee ballots shall be made available to the voters no later than twenty days before the date of election. The election shall be canvassed by the county commission.
Source:
SL 2008, ch 35, §5, eff. Feb. 27, 2008; SL 2010, ch 74, §3; SL 2014, ch 46, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 16 - Special Districts › Section 6-16-6 - Voter eligibility.

6-16-6. Voter eligibility.
Any person who is registered to vote and resides in the proposed district may vote in the elections provided for in §6-16-5. However, the qualifications of a voter for irrigation district elections are as provided in chapter 46A-4, the qualifications of a voter for water project district elections are as provided in §§46A-18-2.1 and 46A-18-2.2, the qualifications of a voter for watershed district elections are as provided in §46A-14-15.1, and the qualifications of a voter for road district elections are as provided in §31-12A-1.2. Absentee voting is allowed pursuant to chapter 12-19 for the election on the question of formation of the special district or any other question to be voted on by the eligible voters of the district. For the purpose of this section, a person resides in a proposed district if the person actually lives in the proposed district for at least thirty days in the last year.
Source:
SL 1998, ch 36, §6; SL 1999, ch 151, §11; SL 2000, ch 32, §3; SL 2011, ch 35, §2; SL 2013, ch 228, §4; SL 2014, ch 46, §3.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 16 - Special Districts › Section 6-16-7 - Voting rights--Conflict.

6-16-7. Voting rights--Conflict.
If there is a conflict regarding who has a right to vote in the election pursuant to §§6-16-4 to 6-16-6, inclusive, the judges of election shall settle the conflict by referring to the official records of the county auditor in each county where these official records are held.
Source:
SL 1998, ch 36, §7; SL 2000, ch 32, §10.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 16 - Special Districts › Section 6-16-8 - Promulgation of rules.

6-16-8. Promulgation of rules.
The State Board of Elections may promulgate rules pursuant to chapter 1-26 concerning:
(1)The petition form for the formation of a special district;
(2)The notice of election; and
(3)The nominating petition.
The petition form and notice of election shall include a description of the proposed district boundaries.
Source:
SL 1998, ch 36, §8; SL 2008, ch 35, §3, eff. Feb. 27, 2008.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 17 - Cooperation Between Local Government Entities › Section 6-17-1 - Definitions.

6-17-1. Definitions.
Terms used in this chapter mean:
(1)"Governing body," the board of commissioners, the common council, the executive board, or other name by which a local government entity is controlled, concerned, or affected;
(2)"Local government entity," the State of South Dakota, county, municipality, or special governmental district authorized by the laws of South Dakota or any of the states that border South Dakota;
(3)"Person in charge of an election" or "person charged with the conduct of an election," the county auditor in all cases except local elections for a municipality, school district, township, or other political subdivision, in which case it is the officer having the position comparable to the auditor in that unit of government if not specifically designated by law;
(4)"Publish" or "publication," publication in the official newspaper of the local government entities concerned or affected; or if no official newspaper is available, publication in a legal newspaper published in the local government entity, if any; or, if no legal newspaper is published within the local entity, publication in any legal newspaper that serves the local government entity;
(5)"Resolution of cooperation or consolidation" or "resolution," any initiated measure made for the purpose if initiating, effecting, or carrying out an intention to cooperate in providing services or functions, or combining services or functions between local governmental entities.
Source:
SL 2001, ch 36, §1.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 17 - Cooperation Between Local Government Entities › Section 6-17-2 - Resolution for governmental cooperation to be initiated by voters--Filing of petition--Number of signatures required.

6-17-2. Resolution for governmental cooperation to be initiated by voters--Filing of petition--Number of signatures required.
The right to propose a resolution of cooperation or consolidation to the government of a local government entity rests with the registered voters of the local government entity. Any resolution proposed under this chapter shall be referred to a vote of the registered voters of the local government entity by the filing, with the entity's person in charge of an election, of a petition signed by a number of voters equivalent to fifteen percent of those voting in the last preceding gubernatorial election in the local government entity. A petition to propose a resolution shall be filed with the person in charge of an election of each of the affected local government entities before an election may occur.
Source:
SL 2001, ch 36, §2.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 17 - Cooperation Between Local Government Entities › Section 6-17-3 - Majority vote required to approve resolution of cooperation--Effective date.

6-17-3. Majority vote required to approve resolution of cooperation--Effective date.
No initiated resolution of cooperation may become operative unless approved by a majority of the votes cast in each of the affected local government entities. If so approved, the resolution takes effect one hundred eighty days after the election or other date as specifically stated in the resolution or within one hundred eighty days after the election as the affected local government entities may agree.
Source:
SL 2001, ch 36, §3.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 17 - Cooperation Between Local Government Entities › Section 6-17-4 - Subject matter of initiated resolution.

6-17-4. Subject matter of initiated resolution.
An initiated resolution may propose combining or consolidating any local government functions including those that may be necessary for the immediate preservation of the public peace, health, or safety or for the support of any government or existing public institutions.
Source:
SL 2001, ch 36, §4.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 17 - Cooperation Between Local Government Entities › Section 6-17-5 - Promulgation of rules.

6-17-5. Promulgation of rules.
The State Board of Elections shall promulgate rules pursuant to chapter 1-26 prescribing the format for a resolution of cooperation or consolidation petition and its verification.
Source:
SL 2001, ch 36, §5.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 17 - Cooperation Between Local Government Entities › Section 6-17-6 - Signer's address and date of signing--Certain signatures invalid.

6-17-6. Signer's address and date of signing--Certain signatures invalid.
The signer or circulator of the petition may add the signer's place of residence and the date 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. A date may be written in full or may be written using standard abbreviations, including numerals. No signature on a petition is valid if signed more than one year before the filing of the petitions.
Source:
SL 2001, ch 36, §6.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 17 - Cooperation Between Local Government Entities › Section 6-17-7 - Affidavit required of circulators of petition.

6-17-7. Affidavit required of circulators of petition.
Each person who has circulated a petition shall, before filing the petition, sign an affidavit, under oath, verifying that the person circulated the petition and that either the person circulating the petition or the signer added the signer's place of residence and date of signing. If multiple sheets of paper are necessary to obtain the required number of signatures, each sheet shall be self-contained and separately verified by the circulator.
Source:
SL 2001, ch 36, §7.
2023 South Dakota Codified Laws › Title 6 - Local Government Generally › Chapter 17 - Cooperation Between Local Government Entities › Section 6-17-8 - Election officials duty on receiving petition--Governing board action--Submission to voters.

6-17-8. Election officials duty on receiving petition--Governing board action--Submission to voters.
When a petition to initiate a resolution is filed with a person in charge of an election, that person shall present it to the local government entity governing board at its next regular or special meeting. The local person in charge of an election shall certify that the minimum number of signatures required pursuant to §6-17-2 have been filed.
The local government entity governing boards shall submit the resolution to a vote in the next general election after filing in all affected local government entities. The filing in all affected local government entities shall occur not later than the second Tuesday in August of a general election year for the question to appear on that year's ballot.
Source:
SL 2001, ch 36, §8.