reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-4.1 - Deferred compensation program for volunteer firefighters--Establishment and management--Participation optional.

9-16-4.1. Deferred compensation program for volunteer firefighters--Establishment and management--Participation optional.
Any municipality with a volunteer fire department may establish a deferred compensation program for its volunteer firefighters. Such a program may be financed by the municipality or by the volunteer firefighters and may be managed through the municipality or through an insurance company or other financial institution. Such program shall be established by ordinance. Each municipality shall establish requirements for participation in the program. Participation in the program of deferred compensation shall be at the option of the volunteer firefighter.
Source:
SL 1986, ch 71, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-4.2 - Deferred compensation program for volunteer advanced life support personnel.

9-16-4.2. Deferred compensation program for volunteer advanced life support personnel.
Any municipality with volunteer advanced life support personnel may establish a deferred compensation program for its volunteer advanced life support personnel. Such a program may be financed by the municipality or by the volunteer advanced life support personnel and may be managed through the municipality or through an insurance company or other financial institution. Such program shall be established by ordinance. Each municipality shall establish requirements for participation in the program. Participation in the program of deferred compensation shall be at the option of the volunteer advanced life support personnel.
Source:
SL 2011, ch 36, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-5.1 - Contributions to system--Amount required.

9-16-5.1. Contributions to system--Amount required.
Total contributions in each year to a retirement system subject to this chapter shall be sufficient to fund the following:
(1)The administrative cost of the plan during the year;
(2)The actuarially determined cost of future benefits accruing to members during the year; and
(3)An amount sufficient to amortize any unfunded liability of the system over a period not to exceed forty years on the basis of reasonable and generally accepted actuarial assumptions.
Source:
SL 1984, ch 56, §6.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-5.2 - Change of benefits--Restrictions.

9-16-5.2. Change of benefits--Restrictions.
No benefits, present or future, may be changed or modified in any manner unless the system's actuary or actuaries have prepared an actuarial statement showing the effect of those changes on the system. No benefits, present or future, may be changed or modified if the change or modification will bring the system into noncompliance with the provisions of §9-16-5.1.
Source:
SL 1984, ch 56, §7.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-5.3 - Annual report--Contents--Publication--Filing.

9-16-5.3. Annual report--Contents--Publication--Filing.
Any retirement system subject to the provisions of this chapter shall publish an annual report containing financial statements and an actuarial valuation of the system. The report shall be filed with the Retirement Laws Committee created by §2-6-8 and shall be available to each member of the system.
Source:
SL 1984, ch 56, §8.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-5.4 - Audit of financial statements.

9-16-5.4. Audit of financial statements.
The financial statements contained in the report required by §9-16-5.3 shall be audited by an independent qualified, certified public accountant. The actuarial valuation required in the report shall include the information required under the provisions of subdivision 3-12C-101(3) and shall be performed by an approved actuary as defined by subdivision 3-12C-101(8).
Source:
SL 1984, ch 56, §9; SL 2019, ch 22, §§2, 45.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-5.5 - Administrator--Qualifications--Employees--Bond.

9-16-5.5. Administrator--Qualifications--Employees--Bond.
The Board of Trustees may appoint an administrator, who shall be qualified by training and experience requirements set by the board. The administrator may hire additional employees as may be required to transact the business of the retirement system. The board shall require bonding of the administrator in an amount set by the board, which may be included under any municipal employees' blanket bond. The bond premium may be paid by the system.
Source:
SL 1984, ch 56, §10.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-5.6 - Summary system description--Availability--Contents.

9-16-5.6. Summary system description--Availability--Contents.
An administrator of a retirement system subject to the provisions of this chapter shall make available to any member of the system and to any beneficiary of the system a summary system description. The summary system description shall be written in a manner to be understood by the average member of the system and shall be sufficiently accurate and comprehensive to appraise participants and beneficiaries of their rights and obligations under the system. The summary system description shall include:
(1)The name and address of the administrator;
(2)Names, titles, and addresses of any trustee or trustees;
(3)A description of the relevant provisions of any applicable collective bargaining agreement;
(4)The system's requirements respecting eligibility for participation and benefits;
(5)A description of provisions providing for nonforfeitable pension benefits;
(6)Circumstances which may result in disqualification, ineligibility, or denial or loss of benefits;
(7)The source of financing of the system and the identity of any organization through which benefits are provided;
(8)The date of the end of the system year and whether the records of the system are kept on a calendar, policy or fiscal year basis; and
(9)The procedures to be followed in presenting claims for benefits under the system and the remedies available under the system for the redress of claims which are denied in whole or in part.
Source:
SL 1984, ch 56, §11.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-5.7 - Description furnished to member--Charge.

9-16-5.7. Description furnished to member--Charge.
The administrator of a system shall, upon written request of any participant or beneficiary, furnish a copy of the latest updated summary system description, the latest annual report and any bargaining agreement, trust agreement, contract, or other instrument under which the system is established or operated. The administrator may make a reasonable charge to cover the cost of furnishing such complete copies.
Source:
SL 1984, ch 56, §12.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-5.8 - Information furnished to members annually.

9-16-5.8. Information furnished to members annually.
Each administrator of a system under this chapter annually shall furnish to each system member or beneficiary a statement showing, on the basis of the latest available information, his total contributions, if any, his total benefits accrued and his nonforfeitable benefits, if any, which have accrued or the earliest date on which his benefits will become nonforfeitable.
Source:
SL 1984, ch 56, §13.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-5.9 - Records of employer.

9-16-5.9. Records of employer.
An employer who employs one or more individuals who are members of a system covered under this chapter shall maintain records with respect to each employee sufficient to determine benefits due or which may become due to the employee. The employer shall furnish to the system administrator any information necessary for the administrator to make reports required under the provisions of this chapter.
Source:
SL 1984, ch 56, §14.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-5.10 - Fiduciary of system--Duties--Definition.

9-16-5.10. Fiduciary of system--Duties--Definition.
Every fiduciary of a retirement system subject to the provisions of this chapter shall discharge his duties solely in the interest of the participants and beneficiaries of the system, for the exclusive purpose of providing benefits to participants and their beneficiaries and with the skill, care, prudence, and diligence, under the circumstances then prevailing, of a prudent man, familiar with such matters and acting in a similar capacity. For purposes of this section, the term "fiduciary" means any person or entity which exercises any discretionary authority control over the management of a system or its assets, any person or entity which renders investment advice to a system for a fee or other compensation, or any person or entity which has any discretionary authority or discretionary responsibility in the administration of a system.
Source:
SL 1984, ch 56, §15.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-5.11 - Time for compliance--Remedy for noncompliance.

9-16-5.11. Time for compliance--Remedy for noncompliance.
Each retirement system subject to the provisions of this chapter shall be in compliance with §9-16-3.1 and §§9-16-5.1 to 9-16-5.8, inclusive, no later than June 12, 1987. At any time thereafter, if the members of the Retirement Laws Committee determine that any such system is not in compliance with §9-16-5.1, the Retirement Laws Committee shall so certify in writing to the state treasurer. Upon receipt of the certification, the state treasurer shall pay into that municipality's system funds which are due from the state treasury to the municipality until the system complies with §9-16-5.1.
Source:
SL 1984, ch 56, §16.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-9 - Gifts, devises, and bequests for fund.

9-16-9. Gifts, devises, and bequests for fund.
The first or second class municipality may accept gifts, devises, and bequests for the pension fund.
Source:
SL 1925, ch 239, §5; SL 1937, ch 177; SDC 1939, §45.1202; SL 1945, ch 199; SL 1947, ch 204; SL 1949, ch 183, §2; SL 1955, ch 201, §2; SL 1967, ch 220, §2; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-10 - Investment of moneys of retirement system.

9-16-10. Investment of moneys of retirement system.
All moneys belonging to the retirement system not required for the payment of current annuities, pensions, retirement allowances, other benefits, or administrative expenses in lieu thereof may be invested.
Source:
SL 1925, ch 239, §5; SL 1937, ch 177; SDC 1939, §45.1202; SL 1945, ch 199; SL 1947, ch 204; SL 1949, ch 183, §2; SL 1955, ch 201, §2; SL 1967, ch 220, §2; SL 1979, ch 37, §4; SL 1984, ch 56, §19.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-11 - Previously granted pensions as obligation of retirement system.

9-16-11. Previously granted pensions as obligation of retirement system.
All pensions granted by a first or second class municipality prior to the adoption of a retirement system under §9-16-3 shall become an obligation of the retirement system adopted by said municipality under said section.
Source:
SL 1949, ch 183, §6; SDC Supp 1960, §45.1204-2; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-20 - First and second class municipalities authorized to pension firemen.

9-16-20. First and second class municipalities authorized to pension firemen.
In addition to other powers granted, every municipality of the first class shall have power to establish a firemen's relief and pension fund and to pension firemen as provided in this chapter.
Source:
SL 1927, ch 172, §2; SL 1929, ch 189; SDC 1939, §45.0204; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-23 - Sources of municipal pension fund.

9-16-23. Sources of municipal pension fund.
A municipal pension fund shall consist of:
(1)All sums of money or property that are contributed by gifts, devises, and bequests;
(2)In the case of a firemen's system, all money received by its respective first or second class municipality from the Division of Insurance of the State of South Dakota as its proportionate share of the insurance fund collected from the various insurance companies;
(3)All income derived from investments of moneys in the pension fund;
(4)An amount as may be annually designated by the governing body pursuant to law; and
(5)All contributions by members of the pension fund.
Source:
SL 1927, ch 172, §2; SL 1929, ch 189; SDC 1939, §45.1206; SL 1939, ch 184; SL 1945, ch 200; SL 1955, ch 202, §1; SDC Supp 1960, §45.1206 (1) to (3); SL 1984, ch 56, §30; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-25 - Firemen's contributions to pension fund--Deduction from salary.

9-16-25. Firemen's contributions to pension fund--Deduction from salary.
Each member of the firemen's pension fund may be required to contribute to the fund, as determined by ordinance adopted by the municipality of the first class, the contributions to be deducted from his salary beginning with the date of his entry into city service as a fireman, if required by ordinance, and continuing so long as he remains a member until his retirement, if required by ordinance.
Source:
SDC 1939, §45.1206 (5) (a) as added by SL 1955, ch 202, §1; SL 1977, ch 69; SL 1984, ch 56, §32; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-26 - Refund of members' contributions on termination of employment prior to retirement.

9-16-26. Refund of members' contributions on termination of employment prior to retirement.
In the event any member leaves city service before a pension becomes payable on account of his participation in the said pension fund, the total of his contributions to the said fund may be either retained by the said fund or returned to the said individual or his legal representative either with or without interest additions, as the city shall determine by ordinance.
Source:
SDC 1939, §45.1206 (5) (a) as added by SL 1955, ch 202, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-27 - Retirement board to administer pension fund--Rules for operation of fund.

9-16-27. Retirement board to administer pension fund--Rules for operation of fund.
The authority and responsibility for the administration, management, and operation of the pension fund shall be vested in and under the control of a retirement board, which shall consist of two city officials to be selected by the governing body of the first or second class municipality; two members of the fire department to be elected by the members of the fire department, and a citizen, who is neither a city official nor a member of the fire department, to be selected by these four members. The retirement board shall adopt such rules, not inconsistent with this chapter and the pension fund ordinance, as are required in the proper operation of the pension fund.
Source:
SL 1927, ch 172, §3; SDC 1939, §45.1207; SL 1955, ch 202, §2; SDC Supp 1960, §45.1207 (2); SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-28 - City treasurer as custodian of fund--Liability of surety on bond.

9-16-28. City treasurer as custodian of fund--Liability of surety on bond.
The treasurer of each municipality shall be the custodian of the investments and other moneys in its pension fund, which shall be kept apart from other funds in his custody. The surety on the official bond of the treasurer shall be liable for the safekeeping and due accounting of the moneys, securities, and other property belonging to the pension fund.
The previous requirements of this section shall not apply when such assets are placed with a funding agent or an investment counsel as provided for in this section. The retirement board of a pension fund may select a funding agent or investment counsel to administer and invest the funds of the system. The selection and the appointment of the funding agent or the investment counsel shall be made by the retirement board which shall have the right from time to time to change the funding agent or the investment counsel as to all or any part of the funds. The board shall have the right to determine the form and substance of each agreement under which the funds are to be held, provided that it shall not be inconsistent with the provisions of this section. The term "funding agent" means a corporate or individual trustee or trustees, insurance company or insurance companies authorized to do business in the State of South Dakota, or combination thereof, appointed and acting from time to time pursuant to the provisions of this section in holding, investing and disbursing the funds of the pension fund. The term "investment counsel" means a corporation or individual authorized to do business under the Federal Investment Advisers Act of 1940 and authorized to do business in the State of South Dakota, appointed and acting from time to time pursuant to the provisions of this section in investing the funds of the pension fund.
The retirement board may contract for investment counsel and advice when it deems necessary.
Source:
SL 1927, ch 172, §3; SDC 1939, §45.1207; SL 1955, ch 202, §2; SDC Supp 1960, §45.1207 (3); SL 1970, ch 60; SL 1977, ch 71.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-34 - Workmen's compensation benefits deductible from firemen's pensions--Subrogation of first or second class municipality to rights of member or beneficiary against third party.

9-16-34. Workmen's compensation benefits deductible from firemen's pensions--Subrogation of first or second class municipality to rights of member or beneficiary against third party.
Any amounts which may be paid or payable under the provisions of any workmen's compensation or similar law to a member or beneficiary or to the dependents of a member or beneficiary on account of any disability shall be offset against and payable in lieu of any pensions payable as provided in this chapter on account of the same disability. In the event any member or beneficiary, or the dependents of any member or beneficiary becomes entitled to a pension as the result of an accident or injury caused by the act of a third party, the said first or second class municipality shall be subrogated to the rights of the said member or beneficiary, or the dependents of the said member or beneficiary against such third party to the extent of benefits which the municipality pays or becomes liable to pay.
Source:
SDC 1939, §45.1208 (4) as added by SL 1955, ch 202, §3; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-44 - Workers' compensation benefits offset against special death benefits-- Subrogation of first or second class municipality to rights against third party.

9-16-44. Workers' compensation benefits offset against special death benefits--Subrogation of first or second class municipality to rights against third party.
Any amounts which may be paid or payable under the provisions of any workers' compensation or similar law to a member or beneficiary or to the dependents of a member or beneficiary on account of any death shall be offset against and payable in lieu of any pensions payable as provided in this chapter on account of the same death. In the event any member or beneficiary, or the dependents of any member or beneficiary becomes entitled to a pension as the result of an accident or injury caused by the act of a third party, the said first or second class municipality shall be subrogated to the rights of the said member or beneficiary, or the dependents of the said member or beneficiary against such third party to the extent of benefits which the municipality pays or becomes liable to pay.
Source:
SDC 1939, §45.1209 (7) as added by SL 1955, ch 202, §4; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-45 - Circulatory or respiratory disease presumed occupational in firemen.

9-16-45. Circulatory or respiratory disease presumed occupational in firemen.
Notwithstanding the provisions of any general or special law to the contrary, any condition of impairment of health caused by hypertension, heart disease, or respiratory disease resulting in total or partial disability to an officer or member of a fire department who successfully passed physical examination on entering into such service, which examination failed to reveal any evidence of such condition, shall be presumed to have been suffered in line of duty, unless the contrary be shown by competent evidence.
Source:
SL 1957, ch 248, §3; SDC Supp 1960, §45.1212.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-46.1 - Postretirement redetermination of pensions--Restrictions.

9-16-46.1. Postretirement redetermination of pensions--Restrictions.
Any pension plan for city employees and officers or firemen, adopted under the provisions of this chapter, may provide for annual or less frequent postretirement redetermination of pensions. The application of any provision redetermining pension amounts may be restricted to pensions having an effective date of payment either prior to or subsequent to a specified date. Any postretirement redetermination of one or more pensions within a system shall be prefunded and may not bring the system into noncompliance with the provisions of subdivision 9-16-5.1(3).
Source:
SL 1970, ch 58; SL 1984, ch 56, §50.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-47 - Benefits and contributions exempt from assignment and process.

9-16-47. Benefits and contributions exempt from assignment and process.
All annuities, pensions, retirement allowances, the accumulated contributions of any member, or any other benefit whatsoever accrued or accruing to any member or beneficiary shall be unassignable and shall not be subject to execution, attachment, garnishment, or any other process of law whatsoever, except as is specifically provided by this chapter.
Source:
SL 1927, ch 172, §7; SDC 1939, §45.1211; SL 1943, ch 165, §3; SL 1955, ch 202, §6.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 16 - City Retirement Systems And Pensions › Section 9-16-48 - Validation of pensions and benefits previously paid.

9-16-48. Validation of pensions and benefits previously paid.
In all cases if a municipal retirement system or a first or second class municipality has, prior to July 1, 1985, paid any pension or other benefit out of funds provided by the municipality, the pensions or other benefits and all proceedings thereon, contracts made or performed, ordinances or regulations established, and any levy and appropriation of taxes or revenues for payment thereof, are hereby declared to be valid and legal, notwithstanding any defect or irregularity, other than constitutional defects, in any of the payments, contracts, ordinances, or regulations, including, but not limited to, any conflict with any state statute existing at the time of payments.
Source:
SL 1979, ch 53, §2; SL 1984, ch 56, §51; SL 1986, ch 72; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 17 - Associations Of Municipalities › Section 9-17-1 - Formation of municipality organization authorized--Purposes.

9-17-1. Formation of municipality organization authorized--Purposes.
The governing body of any municipality of this state is hereby authorized to join with the governing body of any other municipality or municipalities of this state in the formation of an organization of municipalities of this state for the purposes of securing concerted action among such municipalities in behalf of such matters, measures, and municipal affairs as such organization shall determine to be beneficial to, in the common interest of, and as concerns and pertains to said municipalities.
Source:
SL 1955, ch 217, §1; SDC Supp 1960, §45.0201-1 (16).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 17 - Associations Of Municipalities › Section 9-17-2 - Meetings of municipality organization--Maintenance of office--Employment of officials.

9-17-2. Meetings of municipality organization--Maintenance of office--Employment of officials.
Such municipal organization shall have the power and authority to hold annual and special meetings at such times and places as it may determine for the discussions and consideration of such measures and matters as affect the welfare of the municipality members thereof; to maintain an office or offices for the conduct of the business of such organization and to employ and compensate such officials as it shall deem necessary in the support of such organization and the interest and welfare of its municipality members.
Source:
SL 1955, ch 217, §2; SDC Supp 1960, §45.0201-1 (16).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 17 - Associations Of Municipalities › Section 9-17-3 - Municipal payment of dues and delegate expenses for organization.

9-17-3. Municipal payment of dues and delegate expenses for organization.
Any municipality which shall join or become a member of such municipal organization is hereby authorized and empowered, by ordinance, to annually appropriate funds for the payment of reasonable annual dues in said organization as the same may be assessed and to pay the expenses of designated representatives or delegates as provided in §9-17-4, in attending the meetings of said organization.
Source:
SL 1955, ch 217, §3; SDC Supp 1960, §45.0201-1 (16).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 17 - Associations Of Municipalities › Section 9-17-4 - Representation of municipalities at organization meetings.

9-17-4. Representation of municipalities at organization meetings.
Each municipality member of said organization is hereby authorized and empowered to designate any member or members of its governing body or other persons in its employ to represent said municipality in said municipal organization and attend the meetings thereof.
Source:
SL 1955, ch 217, §3; SDC Supp 1960, §45.0201-1 (16).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 17 - Associations Of Municipalities › Section 9-17-6 - South Dakota Firefighters' Association, Incorporated continued.

9-17-6. South Dakota Firefighters' Association, Incorporated continued.
The furnishing of fire protection is a governmental function and the South Dakota Firefighters Association, Incorporated, composed of the members of the municipal fire departments, is hereby continued as a public state institution of this state.
Source:
SL 1919, ch 206, §1; SDC 1939, §20.0101; SL 1975, ch 86, §1; SL 2006, ch 31, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 17 - Associations Of Municipalities › Section 9-17-7 - Schools and promotional activities of South Dakota Firefighters' Association, Incorporated.

9-17-7. Schools and promotional activities of South Dakota Firefighters' Association, Incorporated.
The South Dakota Firefighters Association, Incorporated, shall hold annual schools for the purpose of instruction and drilling, as well as testing modern methods and fire extinguishing apparatus, and in general shall encourage and promote the protection of property from loss and destruction by fire.
The time and place of the annual school shall be fixed by the South Dakota Firefighters Association, Incorporated.
Source:
SL 1911, ch 157, §3; RC 1919, §10176; SL 1919, ch 206, §3; SL 1931, ch 154; SDC 1939, §20.0102; SL 1965, ch 101; SL 1975, ch 86, §2; SL 2006, ch 31, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 18 - Municipal Records And Proceedings › Section 9-18-1 - Governing body to publish minutes of meetings including statement of expenditures--Rate of payment for publication.

9-18-1. Governing body to publish minutes of meetings including statement of expenditures--Rate of payment for publication.
The governing body of each municipality shall publish, within twelve business days, the minutes for each meeting of the governing body including a detailed statement of all expenditures of money and the name of each person paid and the service provided. The municipality shall pay for the publication of the minutes not to exceed ninety percent of the legal line rates for weekly newspapers and not to exceed the legal line rate for daily newspapers as provided in §17-2-19.
Source:
RC 1919, §6580; SL 1919, ch 252; SL 1925, ch 215; SDC 1939, §45.1116; SL 1941, ch 195; SL 1943, ch 164; SL 1947, ch 202; SL 1957, ch 246; SL 1963, ch 278; SL 2018, ch 50, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 18 - Municipal Records And Proceedings › Section 9-18-1.1 - Time for delivery of copy to official newspaper.

9-18-1.1. Time for delivery of copy to official newspaper.
The finance officer shall maintain a record of the minutes published pursuant to §9-18-1 and deliver a copy to the official newspaper within five business days from the date the meeting was held.
Source:
SL 1972, ch 129, §1; SL 2018, ch 50, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 18 - Municipal Records And Proceedings › Section 9-18-2 - Records of acts and proceedings of municipal officers--Open to public.

9-18-2. Records of acts and proceedings of municipal officers--Open to public.
Every municipal officer shall keep a record of the official acts and proceedings of his office, and such record shall be open to public inspection during business hours under reasonable restrictions.
Source:
SL 1890, ch 37, art III, §9; SL 1890, ch 37, art VII, §3; RPolC 1903, §1190; SL 1913, ch 119, §26; RC 1919, §6282; SDC 1939, §45.1115.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 18 - Municipal Records And Proceedings › Section 9-18-3 - Admissibility in evidence of copies and transcripts of municipal records--Prima facie evidence.

9-18-3. Admissibility in evidence of copies and transcripts of municipal records--Prima facie evidence.
Copies of all papers filed in the office of the auditor or clerk and transcripts of all records of the governing body certified by him under the corporate seal are admissible in evidence the same as the originals thereof. Such original papers or records or such copies or transcripts thereof are prima facie evidence of the facts stated therein.
Source:
SL 1890, ch 37, art VII, §1; SL 1890, ch 37, art XVI, §14; RPolC 1903, §§1244, 1302; SL 1913, ch 119, §65; RC 1919, §§6285, 6355; SDC 1939, §45.0113.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-1 - Definition of terms.

9-19-1. Definition of terms.
The word "ordinance" as used in this title shall mean a permanent legislative act of the governing body of a municipality within the limits of its powers.
The word "resolution" as used in this title shall mean any determination, decision, or direction of the governing body of a municipality of a special or temporary character for the purpose of initiating, effecting, or carrying out its administrative duties and functions under the laws and ordinances governing the municipality.
Source:
SL 1913, ch 119, §38; RC 1919, §§6242, 6250; SDC 1939, §§45.1001, 45.1008.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-2 - Continuation in force of prior ordinances and resolutions.

9-19-2. Continuation in force of prior ordinances and resolutions.
All ordinances and resolutions in force in any municipality when this code takes effect which are not inconsistent with its provisions shall continue in force and effect until repealed or amended as provided by law.
Source:
SL 1890, ch 37, art I, §9; RPolC 1903, §1178; RC 1919, §6157; SDC 1939, §45.0109.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-3 - Authority to enact, amend, and repeal ordinances and resolutions--Penalties for violation.

9-19-3. Authority to enact, amend, and repeal ordinances and resolutions--Penalties for violation.
Every municipality may enact, make, amend, revise, or repeal all such ordinances, resolutions, and regulations as may be proper and necessary to carry into effect the powers granted thereto, and to provide for the punishment of each violation thereof by a fine not to exceed the fine established by subdivision 22-6-2(2), by imprisonment not exceeding thirty days, or by both the fine and imprisonment.
Source:
SL 1890, ch 37, art V, §1, subdiv 79; SL 1890, ch 37, art XXII, §1; RPolC 1903, §1229, subdiv 81; RPolC 1903, §1380; RPolC 1903, §1438, subdiv 19; SL 1903, ch 90; SL 1913, ch 119, §53, subdiv 78; RC 1919, §6169 (81); SL 1923, ch 238; SDC 1939, §45.0201 (19); SL 1991, ch 187, §2; SL 2007, ch 39, §2
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-3.1 - Degree of proof required when jail sentence authorized--Pleadings--Jury trial--Application of civil rules.

9-19-3.1. Degree of proof required when jail sentence authorized--Pleadings--Jury trial--Application of civil rules.
In the prosecution for the violation of any municipal ordinance which authorizes a penalty of a jail sentence, the municipality must prove the defendant guilty of the violation of the ordinance beyond a reasonable doubt. The proceedings shall be commenced by complaint naming the first or second class municipality as plaintiff, and the response thereto shall be by either oral plea or written answer. The defendant shall be entitled, by making demand therefor at any time before the commencement of trial, to trial by jury in the event the defendant is subject to any jail sentence. Except as provided in this section the proceedings shall be governed by the rules of civil procedure.
Source:
SL 1975, ch 96, §1; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-5 - One subject expressed in title of ordinance.

9-19-5. One subject expressed in title of ordinance.
An ordinance must embrace but one subject which shall be expressed in its title.
Source:
RC 1919, §6242; SDC 1939, §45.1001.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-6 - Style of ordinance.

9-19-6. Style of ordinance.
The style of all ordinances shall be as follows: "An ordinance __________ (inserting the title)" followed by: "Be it ordained by the (city or town) of __________ (inserting the name of municipality)" followed by the substance of the ordinance.
Source:
SL 1890, ch 37, art IV, §16; RPolC 1903, §1213; SL 1913, ch 119, §36; RC 1919, §6243; SDC 1939, §45.1002.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-7 - Reading, passage, and publication of ordinances--Codes incorporated by reference.

9-19-7. Reading, passage, and publication of ordinances--Codes incorporated by reference.
The title of all ordinances shall be read twice with at least five days intervening between the first and second reading. The ordinance shall be signed by the mayor or acting mayor or president of the Board of Trustees, filed with the auditor or clerk, and published once except that an ordinance incorporating and adopting comprehensive regulations or a code promulgated, approved, and published by a recognized and established national organization prescribing building, electrical, plumbing, safety, fire, or health regulations need not be published in a newspaper, but upon adoption of such an ordinance the auditor or clerk shall publish a notice of the fact of adoption once a week for two successive weeks in the official newspaper, and twenty days after the completed publication of such notice, unless the referendum shall have been invoked, such ordinance shall become effective.
Source:
SL 1890, ch 37, art IV, §16; RPolC 1903, §1213; SL 1913, ch 119, §35; RC 1919, §6244; SDC 1939, §45.1003; SL 1947, ch 197; SL 1972, ch 49; SL 1982, ch 73; SL 2021, ch 38, § 2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-7.1 - Notice requirements for substantial amendment at second reading.

9-19-7.1. Notice requirements for substantial amendment at second reading.
If any amendment presented and approved by the governing body at the second reading of an ordinance substantially alters the substance of the ordinance from the first reading, the proposed ordinance as amended may not be considered for final adoption until at least five days after a duly noticed public meeting of the governing body pursuant to chapter 1-25.
Source:
SL 2016, ch 51, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-8 - Passage, recording, and publication of resolutions.

9-19-8. Passage, recording, and publication of resolutions.
Any resolution may be passed after one reading and shall be recorded at length in the minutes of the meeting at which it is passed, with a statement of the number of votes for and against it. Such resolution shall be published in full either as part of the minutes or separately.
Source:
RC 1919, §6251; SL 1921, ch 315; SDC 1939, §45.1009; SL 1987, ch 77.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-9 - Recording of votes on ordinances.

9-19-9. Recording of votes on ordinances.
The vote upon all ordinances upon the second reading and to pass the same over any veto shall be taken by yeas and nays and entered upon the minutes of the meeting.
Source:
SL 1890, ch 37, art IV, §16; RPolC 1903, §1213; RC 1919, §6245; SDC 1939, §45.1004.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-10 - Veto power of mayor under aldermanic form--Items in appropriation ordinances.

9-19-10. Veto power of mayor under aldermanic form--Items in appropriation ordinances.
The mayor in any municipality with a common council may veto any ordinance or resolution by filing a written objection with the finance officer within ten days after its passage. The veto may extend to any one or more items contained in an ordinance or resolution making an appropriation or to the entire ordinance or resolution. If the veto only extends to a part of such ordinance or resolution, the remainder shall take effect.
Source:
SDC 1939, §45.1004; SL 2001, ch 45, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-11 - Reconsideration of vetoed item--Vote required to override veto.

9-19-11. Reconsideration of vetoed item--Vote required to override veto.
If the mayor vetoes any ordinance, resolution, or other item pursuant to §9-19-10 the finance officer shall present the ordinance, resolution, or other item with the mayor's written objection at the next meeting of the council and it may be reconsidered. If the ordinance or resolution is passed by a two-thirds vote of the aldermen, it shall be published and become effective notwithstanding the mayor's disapproval.
Source:
SDC 1939, §45.1004; SL 2001, ch 45, §2; SL 2017, ch 56, §11.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-12 - Ordinance becoming law without mayor's signature.

9-19-12. Ordinance becoming law without mayor's signature.
If the mayor fails to sign any ordinance or resolution or file written objections thereto within ten days after its passage, the ordinance or resolution shall be published and become a law without the mayor's signature.
Source:
SDC 1939, §45.1004; SL 2001, ch 45, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-13 - Effective date of resolutions and ordinances.

9-19-13. Effective date of resolutions and ordinances.
Except such resolutions or ordinances as may be necessary for the immediate preservation of the public peace, health, or safety, or support of the municipal government and its existing public institutions, or which provide for an election or for hearing on an improvement or assessment or which call for bids, which take effect upon the passage and publication thereof, every resolution or ordinance passed by the governing body shall take effect on the twentieth day after its publication unless suspended by operation of a referendum.
Source:
SL 1899, ch 94, §1; RPolC 1903, §§1213, 1214; SL 1913, ch 119, §38; RC 1919, §§6246, 6252, 6253; SDC 1939, §45.1010; SL 1957, ch 244.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-14 - Recording of ordinance in ordinance book.

9-19-14. Recording of ordinance in ordinance book.
After an ordinance takes effect, the auditor or clerk shall record the same together with a certificate of the date of its publication in a book to be known as the "Ordinance Book," and file the affidavit of publication with the original ordinance.
Source:
SL 1890, ch 37, art IV, §16; RPolC 1903, §1213; RC 1919, §6247; SDC 1939, §45.1005.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-14.1 - Posting of ordinance book on municipal website.

9-19-14.1. Posting of ordinance book on municipal website.
If a municipality posts the ordinance book or any part of the book on the municipality's official website, the municipality shall ensure the most current version of the ordinance book or any part of the book is posted.
Source:
SL 2019, ch 50, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-15 - Compilation of ordinances--Free copies.

9-19-15. Compilation of ordinances--Free copies.
Every municipality may compile the municipal ordinances without revision or amendment for publication in book form. The compilation shall be effective without publication as required for ordinances.
The municipal auditor or clerk shall furnish a free copy of the book to the circuit clerk of court and the county law library of each county in which the municipality is situated.
Source:
SDC 1939, §45.0201 (20); SL 1984, ch 57, §1; SL 1997, ch 49, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-16 - Revision of ordinances--Committee to prepare revision.

9-19-16. Revision of ordinances--Committee to prepare revision.
Every municipality shall have the power to revise the ordinances as provided herein. The governing body of any municipality not oftener than once every five years may appoint a committee of one or more competent persons to prepare and submit for its consideration an ordinance in revision of the ordinances of the municipality.
Source:
SL 1890, ch 37, art III, §13; RPolC 1903, §1194; SL 1913, ch 119, §37; RC 1919, §6249; SL 1925, ch 247; SDC 1939, §§45.0201 (21), 45.1007.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-17 - Notice of adoption of ordinance in revision--Effective date--Publication in book form.

9-19-17. Notice of adoption of ordinance in revision--Effective date--Publication in book form.
Upon the adoption of an ordinance which revises the ordinances of the municipality by the governing body, the auditor or clerk shall publish a notice of the adoption of the revised ordinances once in the official newspaper. Twenty days after the completed publication of the notice, unless the referendum is invoked, the ordinance shall become effective without publication in a newspaper.
The governing body may publish the revised ordinances in book form. The auditor or clerk shall furnish a free copy of the book or the revised ordinances to the circuit clerk of court and the county law library of each county in which the municipality is situated.
Source:
SL 1913, ch 119, §37; RC 1919, §6249; SL 1925, ch 247; SDC 1939, §45.1007; SL 1982, ch 60, §4; SL 1984, ch 57, §2; SL 1991, ch 24, §4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-18 - Evidence of ordinances and resolutions.

9-19-18. Evidence of ordinances and resolutions.
An original ordinance or resolution, the record or a certified copy thereof, or any compilation or revision of ordinances purporting to be printed under the authority of the municipality are admissible in evidence without further proof.
Source:
PolC 1877, ch 24, §57; CL 1887, §1094; SL 1890, ch 37, art IV, §16; RPolC 1903, §§1213, 1470; RC 1919, §6247; SDC 1939, §45.0113.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-19 - Ordinances and resolutions presumed valid unless controverted.

9-19-19. Ordinances and resolutions presumed valid unless controverted.
In any action or proceeding instituted by an acting municipality it shall not be required to show compliance with the provisions of this title as to the passage or publication of any ordinance or resolution unless the same be controverted under oath.
Source:
PolC 1877, ch 24, §53; CL 1887, §1078; RPolC 1903, §1467; RC 1919, §6159; SDC 1939, §45.0111.