reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-20 - Firearms regulation prohibited--Action by attorney general.

9-19-20. Firearms regulation prohibited--Action by attorney general.
No municipality may pass an ordinance that restricts or prohibits, or imposes any licensure requirement or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinance prohibited by this section is null and void. The attorney general shall send a cease and desist order to any municipality that passes or enforces an ordinance in violation of this section. If the municipality fails to comply with the order, the attorney general shall bring an action in the name of the state for injunctive relief against any municipality that has passed an ordinance in violation of this section. A court shall grant any person charged with a violation of an ordinance prohibited under this section reasonable costs, expenses, and attorney's fees. This section does not apply to any generally applicable zoning ordinance, building regulation, or fire code so long as the ordinance, regulation, or code is not used to circumvent the prohibition under this section.
Source:
SL 1983, ch 38, §1; SL 2019, ch 51, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 19 - Ordinances And Resolutions › Section 9-19-21 - Municipality implementation of pretreatment program--Fines for violations by industrial users.

9-19-21. Municipality implementation of pretreatment program--Fines for violations by industrial users.
Any municipality that is required to develop a pretreatment program in accordance with chapter 34A-2 may enact, make, amend, revise or repeal all such ordinances, resolutions, and regulations as may be proper and necessary to implement the pretreatment program and to provide for the punishment of each pretreatment violation by industrial users pursuant to §34A-2-15 with a civil penalty of up to one thousand dollars per day for each violation.
Source:
SL 1992, ch 254, §89.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 20 - Initiative And Referendum › Section 9-20-1 - Percentage of voters required to propose ordinance or resolution.

9-20-1. Percentage of voters required to propose ordinance or resolution.
The registered voters of any municipality may propose ordinances and resolutions for the government of the municipality if the petition is signed by at least five percent of the registered voters in the municipality. The percentage shall be based on the number of registered voters of the municipality as recorded by the county auditor on the second Tuesday in January in the year the petition is filed. If the petition is filed before the second Tuesday in January, the prior year's calculation of registered voters shall be used.
Source:
SDC 1939, §45.1018; SL 1947, ch 199, §1; SL 1968, ch 183, §2; SL 2002, ch 40, §2; SL 2017, ch 57, §2; SL 2019, ch 53, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 20 - Initiative And Referendum › Section 9-20-2 - Petition proposing ordinance or resolution--Contents.

9-20-2. Petition proposing ordinance or resolution--Contents.
A petition to propose an ordinance or resolution shall be filed with the finance officer, containing in proper form the proposed ordinance or resolution. It shall be signed by the required number of the resident registered voters of the municipality. The signer or circulator shall add the signer's residence address, county of voter registration, and 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. No signature on a petition is valid if signed more than six months prior to the filing of the petitions.
Source:
SDC 1939, §45.1019; SL 1947, ch 199, §2; SL 1957, ch 245, §2; SL 1980, ch 64, §3; SL 1983, ch 52, §7; SL 1990, ch 104, §4; SL 1992, ch 110, §5; SL 1999, ch 41, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 20 - Initiative And Referendum › Section 9-20-3 - Ordinance may not be initiated to nullify bond purposes.

9-20-3. Ordinance may not be initiated to nullify bond purposes.
The right to initiate an ordinance shall not be applicable to ordinances proposed to nullify the purpose for which bonds have been sold by a municipality pursuant to statutory authority.
Source:
SL 1961, ch 247; SL 1980, ch 66, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 20 - Initiative And Referendum › Section 9-20-4 - Presentation of initiative petition to governing body--Submission to voters.

9-20-4. Presentation of initiative petition to governing body--Submission to voters.
When a petition to initiate is filed with the finance officer, the finance officer shall present the petition to the governing body at its first ensuing regular or special meeting. The governing body shall submit the petition to a vote of the voters in the manner prescribed for a referendum.
Source:
SDC 1939, §45.1020; SL 1947, ch 199, §3; SL 1980, ch 67, §1; SL 2003, ch 41, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 20 - Initiative And Referendum › Section 9-20-5 - Majority vote at election required for initiated ordinance or resolution--Effective date.

9-20-5. Majority vote at election required for initiated ordinance or resolution--Effective date.
No initiated ordinance or resolution shall become operative unless approved by a majority of the votes cast for and against the same. If so approved, it shall take effect upon the completion of the canvass of the election returns relating thereto.
Source:
SL 1899, ch 94, §13; RPolC 1903, §1226; SL 1913, ch 119, §50; RC 1919, §6264; SDC 1939, §45.1021; SL 1947, ch 199, §4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 20 - Initiative And Referendum › Section 9-20-5.1 - Year's waiting period required before amendment or repeal.

9-20-5.1. Year's waiting period required before amendment or repeal.
No initiated ordinance or resolution may be amended or repealed by the governing body of a municipality until at least one year has passed from its effective date.
Source:
SL 1977, ch 72.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 20 - Initiative And Referendum › Section 9-20-6 - Time for filing referendum petition.

9-20-6. Time for filing referendum petition.
The required number of voters residing in any municipality may file within twenty days after the publication of any ordinance or resolution subject to referendum a petition with the auditor or clerk, requiring the submission of any such ordinance or resolution to a vote of the voters of the municipality for its rejection or approval. If filed on the twentieth day after publication, such petitions shall be filed no later than normal closing hours of the city hall or city auditor's office on said twentieth day.
Source:
SL 1899, ch 94, §2; RPolC 1903, §1215; SL 1913, ch 119, §39; RC 1919, §6254; SDC 1939, §45.1011; SL 1947, ch 198; SL 1975, ch 119, §20.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 20 - Initiative And Referendum › Section 9-20-7 - Description in referendum petition of matter covered.

9-20-7. Description in referendum petition of matter covered.
If the matter intended to be covered by the referendum petition is the whole of any ordinance or resolution, the petition shall contain the title of such ordinance or the subject of such resolution, and the date of its passage, but if only a portion of such ordinance or resolution is intended to be covered by the petition, such portion shall be set out at length.
Source:
SL 1899, ch 94, §3; RPolC 1903, §1216; SL 1913, ch 119, §40; RC 1919, §6255; SL 1921, ch 300, §1; SDC 1939, §45.1012; SL 1957, ch 245, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 20 - Initiative And Referendum › Section 9-20-8 - Percentage of voters required to sign referendum petition--Data concerning signers.

9-20-8. Percentage of voters required to sign referendum petition--Data concerning signers.
The referendum petition shall be signed by at least five percent of the registered voters in the municipality. The percentage shall be based on the number of registered voters of the municipality as recorded by the county auditor on the second Tuesday in January in the year the petition is filed. If the petition is filed before the second Tuesday in January, the prior year's calculation of registered voters shall be used. The signer or circulator shall add the signer's residence address, county of voter registration, and 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.
Source:
SDC 1939, §45.1012; SL 1957, ch 245, §1; SL 1968, ch 183, §1; SL 1979, ch 50, §7; SL 1980, ch 64, §4; SL 1987, ch 78; SL 1990, ch 104, §5; SL 1992, ch 110, §6; SL 1999, ch 41, §2; SL 2002, ch 40, §3; SL 2017, ch 57, §3; SL 2019, ch 53, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 20 - Initiative And Referendum › Section 9-20-9 - Requirements for persons circulating petition--Board of elections to promulgate rules--Scope of rules.

9-20-9. Requirements for persons circulating petition--Board of elections to promulgate rules--Scope of rules.
Any person circulating an initiative or referendum petition shall verify that each person signing the petition is a resident and qualified voter of the municipality. The State Board of Elections shall promulgate rules pursuant to chapter 1-26 prescribing the format for an initiative and referendum petition and its verification.
Source:
SDC 1939, §45.1013; SL 1999, ch 41, §3; SL 2000, ch 19, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 20 - Initiative And Referendum › Section 9-20-10 - Liberal construction of referendum petition.

9-20-10. Liberal construction of referendum petition.
Such petition may be made up and signed and shall be liberally construed as provided by the statute governing an initiated law.
Source:
SDC 1939, §45.1012; SL 1957, ch 245, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 20 - Initiative And Referendum › Section 9-20-11 - Date of election on referendum petition--No action taken pending election.

9-20-11. Date of election on referendum petition--No action taken pending election.
The governing body shall, upon the presentation of a petition pursuant to §9-20-6, submit the question to the electors at the next annual municipal election or the next general election, whichever is earlier. Pending the election, the governing body may take no action with respect to the subject matter of the petition that would alter or preempt the effect of the proposed petition. However, the governing body may expedite the date of the election by ordering, within ten days of receiving the petition, a special election to be held on a Tuesday not less than thirty days from the date of the order of the governing body.
Source:
SL 1899, ch 94, §2; RPolC 1903, §1215; SL 1913, ch 119, §39; RC 1919, §6254; SDC 1939, §45.1011; SL 1947, ch 198; SL 1977, ch 68, §8; SL 1980, ch 67, §2; SL 1983, ch 53, §6; SL 1995, ch 47, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 20 - Initiative And Referendum › Section 9-20-11.2 - Date to certify ballot language to county auditor.

9-20-11.2. Date to certify ballot language to county auditor.
If a municipality submits a question to the electors at the next general election pursuant to §9-20-11, the municipality shall certify the ballot language to the county auditor by the first Tuesday in August of the year of the general election. However, the county auditor may extend the certification deadline for the municipality, if the county auditor determines that the extension will not prevent absentee ballots from being available by the date to begin absentee voting.
Source:
SL 1995, ch 47, §3; SL 2003, ch 41, §3; SL 2007, ch 81, §3; SL 2009, ch 69, §10; SL 2018, ch 51, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 20 - Initiative And Referendum › Section 9-20-11.3 - Additional election costs paid by municipality.

9-20-11.3. Additional election costs paid by municipality.
If a municipality submits a question to the electors at the next general election pursuant to §9-20-11, the municipality shall pay the additional election cost related to the municipal question. The cost shall be agreed upon by the county auditor and the municipal finance officer.
Source:
SL 1995, ch 47, §4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 20 - Initiative And Referendum › Section 9-20-12 - Publication of referred ordinance or resolution--Notice of election.

9-20-12. Publication of referred ordinance or resolution--Notice of election.
The auditor or clerk shall cause the entire referred ordinance or resolution to be published once a week for two successive weeks immediately preceding the election.
Such publication shall include a notice that on the day of election therein stated such ordinance or resolution will be submitted to the voters or, if only a portion thereof is covered by the petition, then notice as to what portion will be submitted.
Source:
SL 1899, ch 94, §5; RPolC 1903, §1218; SL 1913, ch 119, §42; RC 1919, §6257; SDC 1939, §45.1014.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 20 - Initiative And Referendum › Section 9-20-13 - Ballots used in referendum election--Form and contents.

9-20-13. Ballots used in referendum election--Form and contents.
The auditor or clerk shall have ballots printed for the vote upon such referred ordinance or resolution and cause the same to be distributed as other official ballots are distributed.
Such ballots shall conform as near as may be to the law governing the submission of questions by the Legislature, except that the statement required to be printed on the ballots shall be prepared by the city attorney, or if there be no city attorney, by an attorney at law employed by the governing body for that purpose.
All questions to be voted upon at the same election may be submitted upon the same ballot.
Source:
SL 1899, ch 94, §6; RPolC 1903, §1219; SL 1913, ch 119, §43; RC 1919, §6258; SDC 1939, §45.1015.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 20 - Initiative And Referendum › Section 9-20-14 - General municipal election law applicable to referendum elections.

9-20-14. General municipal election law applicable to referendum elections.
The elections provided for in this chapter shall be governed by the provisions of chapter 9-13 except as to the form of the ballots otherwise specifically provided.
Source:
SL 1899, ch 94, §9; RPolC 1903, §§1222, 1227; SL 1913, ch 119, §§46, 51; RC 1919, §6265; SDC 1939, §45.1022.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 20 - Initiative And Referendum › Section 9-20-15 - Majority vote required for approval of referred measure--Effective date.

9-20-15. Majority vote required for approval of referred measure--Effective date.
No referred ordinance or resolution so submitted shall become operative unless approved by a majority of the votes cast for and against the same. If so approved, it shall take effect upon completion of the canvass of the election returns relating thereto.
Source:
SL 1899, ch 94, §8; RPolC 1903, §1221; SL 1913, ch 119, §45; RC 1919, §6260; SDC 1939, §45.1017.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 20 - Initiative And Referendum › Section 9-20-16 - Preservation of referendum petitions--Open to public inspection.

9-20-16. Preservation of referendum petitions--Open to public inspection.
The auditor or clerk shall preserve all petitions invoking the referendum filed in his office for a period of at least two years, during which time such petitions shall be open to public inspection upon reasonable request.
Source:
SL 1899, ch 94, §7; RPolC 1903, §1220; SL 1913, ch 119, §44; RC 1919, §6259; SDC 1939, §45.1016.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 20 - Initiative And Referendum › Section 9-20-17 - Waiting period for new action after referendum election.

9-20-17. Waiting period for new action after referendum election.
No referred ordinance or resolution may be again voted upon by the government of any municipality within one year from the date of the election thereon.
Source:
SDC Supp 1960, §45.1022 as enacted by SL 1961, ch 246.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 20 - Initiative And Referendum › Section 9-20-18 - Legislative finding--Actions of municipal governing boards subject to referendum.

9-20-18. Legislative finding--Actions of municipal governing boards subject to referendum.
The Legislature finds that in making past grants of decision-making authority to municipal governing authorities, its intent was to grant that authority to the governing bodies of municipalities and that such actions, unless otherwise excluded from the referendum and initiative process by other state law, are subject to the initiative and referendum process. Therefore, the contrary holding in Baker v. Jackson, 372 NW2d 142 (SD, July 31, 1985) is hereby abrogated.
Source:
SL 1986, ch 73, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 20 - Initiative And Referendum › Section 9-20-19 - Legislative decision of governing body subject to referendum--Administrative decision not subject to referendum.

9-20-19. Legislative decision of governing body subject to referendum--Administrative decision not subject to referendum.
Any legislative decision of a governing body is subject to the referendum process. A legislative decision is one that enacts a permanent law or lays down a rule of conduct or course of policy for the guidance of citizens or their officers. Any matter of a permanent or general character is a legislative decision.
No administrative decision of a governing body is subject to the referendum process, unless specifically authorized by this code. An administrative decision is one that merely puts into execution a plan already adopted by the governing body itself or by the Legislature. Supervision of a program is an administrative decision. Hiring, disciplining, and setting the salaries of employees are administrative decisions.
Source:
SL 1986, ch 73, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-1 - Fiscal year of municipalities.

9-21-1. Fiscal year of municipalities.
The fiscal year of each municipality shall commence on the first day of January of each year.
Source:
SL 1890, ch 37, art VII, §7; SL 1890, ch 37, art XV, §1; RPolC 1903, §1295; SL 1913, ch 119, §114; RC 1919, §6333; SL 1921, ch 298; SDC 1939, §45.1401.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-2 - Annual appropriation ordinance--Time of introduction--Contents--Enterprise and trust and agency funds.

9-21-2. Annual appropriation ordinance--Time of introduction--Contents--Enterprise and trust and agency funds.
The governing body of each municipality shall, no later than its first regular meeting in September of each year or within ten days thereafter, introduce the annual appropriation ordinance for the ensuing fiscal year, in which it shall appropriate the sums of money necessary to meet all lawful expenses and liabilities of the municipality. The ordinance shall specify the function and subfunction as prescribed by the Department of Legislative Audit for which the appropriations are made and the amount appropriated for each function and subfunction, which amount shall be appropriated from the proper fund. It is not necessary to appropriate revenue to be expended from an enterprise or trust and agency fund if the fund is not supported or subsidized by revenue derived from the annual appropriated tax levy. However, an annual budget for these funds shall be developed and published no later than December thirty-first of each year.
Source:
SL 1890, ch 37, art XV, §2; RPolC 1903, §1296; SL 1913, ch 119, §115; RC 1919, §6334; SL 1921, ch 295, §1; SDC 1939, §45.1402; SL 1953, ch 257; SDC Supp 1960, §45.1402 (1); SL 1983, ch 58; SL 1984, ch 58; SL 1985, ch 63.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-3 - Appropriations limited to municipal powers.

9-21-3. Appropriations limited to municipal powers.
No money belonging to any municipality shall be appropriated except for such objects and the defraying of such expenses as necessarily arise in the exercise of the powers granted to it.
Source:
PolC 1877, ch 24, §24; CL 1887, §1045; RPolC 1903, §1443; RC 1919, §6345; SDC 1939, §45.1406.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-5 - Appropriations for support of Civil Air Patrol.

9-21-5. Appropriations for support of Civil Air Patrol.
The governing bodies of municipalities may contribute sums of money annually to the support of units of the Civil Air Patrol located in their respective municipalities. For the purposes of carrying out the provisions of this section, such governing bodies may appropriate out of the general funds of their respective municipalities.
Source:
SL 1964, ch 146.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-6 - Classification of expenditures in annual appropriation ordinance.

9-21-6. Classification of expenditures in annual appropriation ordinance.
The classification of expenditures in the annual appropriation ordinance of municipalities of the first and second class shall conform to the uniform classification in the municipal accounting manual published in accordance with §4-11-6.
Source:
SL 1925, ch 115, ch II, art III, §3; SL 1931, ch 107; SL 1933, ch 57, §1; SL 1937, ch 106; SDC 1939, §45.1403; SL 1957, ch 249; SL 1971, ch 62; SL 1977, ch 73, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-6.1 - Line item for contingencies--Maximum amount--Transfer to other appropriations.

9-21-6.1. Line item for contingencies--Maximum amount--Transfer to other appropriations.
In preparing the annual estimate of expenses as provided by §9-22-23, the auditor or clerk may include in the budget a line item for contingencies. The line item shall be included in the annual budget adopted pursuant to §9-21-2 and shall not exceed five percent of the total municipal budget. No expenditures shall be charged to this item but such appropriated amount may be transferred, by resolution of the municipal governing body, to any other appropriation in which insufficient amounts were provided or for items for which no appropriation was provided.
Source:
SL 1975, ch 95, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-7 - Supplemental appropriation ordinance for indispensable functions or discharge of municipal duties.

9-21-7. Supplemental appropriation ordinance for indispensable functions or discharge of municipal duties.
In the event of the failure to provide by the annual appropriation ordinance, sufficient revenue to enable the municipality to conduct the indispensable functions of government in any department, or to discharge any duty which it is the lawful duty of the municipality to discharge and which requires the incurring of liabilities or expenditures of funds for a purpose or object for which no provision has been made in the annual appropriation ordinance for such fiscal year, and when any of such occasions arise the governing body of such municipality may make, approve and adopt a supplemental appropriation ordinance, providing therein for appropriations for any or such purposes in such amounts as said governing body may determine necessary and such supplemental appropriation ordinance shall set out in detail each item for which an appropriation is made and the amount thereof. The adoption of such supplemental appropriation ordinance shall be governed by the same laws pertaining to the adoption of the annual appropriation ordinance.
Source:
SDC 1939, §45.1402 (3) as added by SL 1953, ch 257.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-8 - Additional appropriations prohibited--Bond authorization as appropriation.

9-21-8. Additional appropriations prohibited--Bond authorization as appropriation.
No further appropriations shall be made at any other time for such fiscal year, except as provided in §§9-21-2 and 9-21-7. Whenever the governing body is authorized by the voters to issue bonds for a specific purpose, it shall be deemed an appropriation to the extent of the bonds authorized.
Source:
SL 1890, ch 37, art XV, §2; RPolC 1903, §1296; SL 1913, ch 119, §115; RC 1919, §6334; SL 1921, ch 295, §1; SDC 1939, §45.1402; SL 1953, ch 257; SDC Supp 1960, §45.1402 (4).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-9 - Expenditures limited to appropriated amounts.

9-21-9. Expenditures limited to appropriated amounts.
Neither the governing body nor any department or officer of the municipality shall add to the municipal expenditures in any fiscal year any sum in excess of the amount provided for in the annual appropriation ordinance except as otherwise specially provided. Nor shall the amount spent for any purpose or any department exceed the total amount appropriated for such purpose or for such department in the annual appropriation ordinance for such year, except as otherwise specially provided.
Source:
SL 1890, ch 37, art XV, §3; RPolC 1903, §1297; SL 1913, ch 119, §116; RC 1919, §6335; SL 1921, ch 295, §2; SL 1933, ch 152; SDC 1939, §45.1404; SL 1939, ch 187; SL 1949, ch 184.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-9.1 - State, county and federal grants expended without provision in appropriation ordinance--Publication.

9-21-9.1. State, county and federal grants expended without provision in appropriation ordinance--Publication.
Any funds made available after the final appropriation ordinance is adopted by a municipality from state, county, and federal grants for expenditure by the municipality shall be paid into the municipal treasury and may be expended without specific provision in the appropriations ordinance of the municipality. In this case the governing body shall publish, in the official newspaper of the municipality, the purpose for which the expenditures were made and to whom the expenditures were made.
Source:
SL 1973, ch 42, §2; SL 1980, ch 56, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-9.2 - Restoration of funds on reimbursement from other subdivisions, departments, or insurance.

9-21-9.2. Restoration of funds on reimbursement from other subdivisions, departments, or insurance.
If the governing board of any municipality authorizes lawful expenditures from any specific fund for the use or benefit of another municipal department or political subdivision or expenditures to be reimbursed by insurance claims, the reimbursement for such expenditures shall be restored to the fund from which originally withdrawn and the deposit of the same shall restore the budget of such fund in the amount of the reimbursement.
Source:
SL 1975, ch 87; SL 1976, ch 81.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-10 - Contracts prohibited unless covered by appropriation or bonds.

9-21-10. Contracts prohibited unless covered by appropriation or bonds.
Except as otherwise provided no contract shall be made by the governing body of any municipality and no expense shall be incurred by any department or any officer thereof, whether ordered by the governing body or not, unless an appropriation shall have been previously made concerning such expense, or the governing body authorized to issue bonds for a specific purpose.
Source:
SL 1890, ch 37, art XV, §4; RPolC 1903, §1298; RC 1919, §6336; SL 1921, ch 295, §3; SL 1925, ch 233; SDC 1939, §45.1405; SL 1941, ch 199; SL 1953, ch 258; SL 1959, ch 269.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-11 - Long-term contracts authorized for utility services and improvement of irrigable lands--Appropriation required--Referendum.

9-21-11. Long-term contracts authorized for utility services and improvement of irrigable lands--Appropriation required--Referendum.
The governing body may enter into a contract for any term of years as the governing body may determine with any person or any rural water system, water user district, sanitary district, water project district, or like organization for the purchase by the municipality of water, gas, or electricity. If a contract is entered into with the United States government, or any agency or department thereof, providing for the sale and purchase of water or the acquisition of a municipal water supply, the contract may be for any term of years as said governing body may determine, or for the leveling or improvement of irrigable lands belonging to the municipality, which lands were on February 20, 1953, located and situated within the boundaries of an existing irrigation district. If any contract entered into pursuant to this section extends for more than one year, an appropriation need not have been previously made concerning such expense, except sufficient to cover the amount payable or estimated to become payable under such contract for the first year thereof. The governing body shall annually thereafter appropriate an amount sufficient to cover the amount payable or estimated to become payable under such contract during the ensuing fiscal year.
Such contracts shall be subject to referendum as ordinances.
Source:
SL 1925, ch 233; SDC 1939, §45.1405; SL 1941, ch 199; SL 1953, ch 258; SL 1959, ch 269; SL 1974, ch 72; SL 1991, ch 71.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-12 - Authorization of depreciation reserve within proprietary fund.

9-21-12. Authorization of depreciation reserve within proprietary fund.
The governing body of a municipality may by resolution create a depreciation reserve within each proprietary fund, as necessary, not to exceed the accumulated depreciation of the fixed assets of the respective fund.
Source:
SL 1951, ch 247, §1; SDC Supp 1960, §45.0201-1 (9); SL 1978, ch 62, §8; SL 1991, ch 72.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-13 - Purposes of depreciation or capital replacement reserves.

9-21-13. Purposes of depreciation or capital replacement reserves.
The depreciation or the capital replacement reserves shall be used only to replace and repair equipment belonging to the municipality and may not be used for the acquisition of equipment which would represent a substantial expansion in the total amount of equipment belonging to the municipality. Equipment for the purposes of this section shall mean properties commonly considered as representing capital outlay rather than operating expense outlay and shall include municipally owned buildings and lands.
Source:
SL 1951, ch 247, §2; SDC Supp 1960, §45.0201-1 (9); SL 1994, ch 69, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-14.1 - Accumulation of funds for capital outlay purposes--Maximum amount.

9-21-14.1. Accumulation of funds for capital outlay purposes--Maximum amount.
The governing body of a municipality may by resolution authorize the accumulation of funds for a period longer than one year for specific capital outlay purposes otherwise authorized by law. For the purpose of this section, capital outlay purposes means purposes which result in the acquisition of or additions to plant, or equipment, including expenditures for land, existing facilities, improvement of grounds, construction of facilities, additions to facilities, remodeling of facilities, or for the purchase of equipment. The governing body shall establish a maximum amount allowed to be accumulated in the fund.
Source:
SL 1979, ch 55, §1; SL 1980, ch 68, §1; SL 1989, ch 75, §1; SL 2016, ch 53, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-14.2 - Vote required for capital outlay accumulation--Time of expenditure--Reversion of unused funds.

9-21-14.2. Vote required for capital outlay accumulation--Time of expenditure--Reversion of unused funds.
The resolution authorized by §9-21-14.1 shall be enacted by a two-thirds vote of the governing body and shall set forth clearly the purposes for which the funds are to be accumulated and the maximum amount that may be accumulated. The funds to be accumulated shall be expended within sixty months from the date of the resolution. If the specific purposes for which the funds are accumulated are deemed no longer necessary, these funds shall revert to the general fund.
Source:
SL 1979, ch 55, §§2, 4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-15 - Replacement or repair required by unanticipated event--Borrowing and addition to tax levy.

9-21-15. Replacement or repair required by unanticipated event--Borrowing and addition to tax levy.
No expenditure for any improvement, replacement, repair or service shall exceed in any one year the amount provided therefor in the annual appropriation ordinance of a municipality, except that the governing body may expend the proceeds of any bond issue authorized by the voters of the municipality, or in case of emergency, by a unanimous vote, may by resolution order any improvement, replacement, repair or lawful service the necessity of which is caused by any casualty, accident, circumstances or event happening after such annual appropriation ordinance is made which could not have reasonably been anticipated at the time of making the annual appropriation ordinance. The governing body may order the mayor or president to borrow in the name of the municipal corporation, with the attest of the auditor or clerk, a sufficient amount to provide for the necessary expense to be incurred in making any improvement, replacement or repair and in furnishing such service the necessity of which has so arisen, for a period not exceeding the close of the next fiscal year, which sum and interest shall be added to the amount authorized to be raised by the next general tax levy.
Source:
SDC 1939, §45.1404; SL 1939, ch 187; SL 1949, ch 184.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-16 - Surplus funds used for replacement or repair required by unanticipated event.

9-21-16. Surplus funds used for replacement or repair required by unanticipated event.
If the municipal corporation has on hand any unappropriated money, or money not raised by taxation, loan, or assessment, which can be spared for the purpose described in §9-21-15 and which has not been pledged for the payment of any indebtedness of the municipality, or any money in any fund which the governing body by unanimous vote determines will not be needed for any other municipal purpose during the current fiscal year, such money may be transferred by the governing body, by unanimous vote, in order to provide in whole or in part the money made necessary by such unanticipated events or circumstances, and such money may be used in lieu of such borrowing or the borrowing may be supplementary thereto.
Source:
SDC 1939, §45.1404 as added by SL 1949, ch 184.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-16.1 - Casualty reserve fund authorized--Limitation on amount and use of fund--Interest.

9-21-16.1. Casualty reserve fund authorized--Limitation on amount and use of fund--Interest.
The governing body of a municipality may, by resolution or ordinance, establish a fund to be designated the casualty reserve fund and the governing body may, in their annual appropriation, set forth a specific amount for such fund. The amount appropriated shall be transferred to such fund. However, at no time may the money in such fund exceed the sum of one hundred thousand dollars. The money in the fund may be expended only for the payment of expenses to replace and repair property of the municipality which was damaged or lost as a result of a casualty loss. If this fund is at the maximum amount allowed, the interest earned from the investment of the fund shall be placed in the municipality's general fund.
Source:
SL 1968, ch 189; SL 1977, ch 75; SL 1986, ch 74.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-17 - Judgment against municipality--Borrowing--Maximum tax levy to pay judgment.

9-21-17. Judgment against municipality--Borrowing--Maximum tax levy to pay judgment.
If any judgment is obtained against the municipality, it may borrow for a space of time not exceeding the close of the fiscal year a sum sufficient to pay the judgment, if a tax levy of ten dollars per thousand dollars of taxable valuation of the municipality will be sufficient to pay all judgments subsisting and final at the time of making the levy. No tax levy greater than ten dollars per thousand dollars of taxable valuation of any municipality, may be made in any one year for the payment of a judgment or judgments. If a levy of ten dollars per thousand dollars of taxable valuation per year on such valuation will be insufficient to pay any final judgment within ten years from the date it becomes final in a municipality with a population in excess of five hundred, a tax levy may be made of any amount sufficient to pay every judgment and the interest thereon in ten equal installments within ten years from the date it becomes final. In a municipality with a population of five hundred or less a tax levy of ten dollars per thousand dollars of taxable valuation of such municipality may be made for the payment of the judgment and the interest thereon. However, the levy may not be made for a period in excess of nineteen years for the purpose of payment of any one judgment.
Source:
SL 1890, ch 37, art XV, §3; RPolC 1903, §1297; SL 1913, ch 119, §116; RC 1919, §6335; SL 1921, ch 295, §2; SL 1933, ch 152; SDC 1939, §45.1404; SL 1939, ch 187; SL 1949, ch 184; SL 1983, ch 60.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-18 - Contracts exceeding maximum tax levy as misdemeanor--Personal liability of authorizing officer.

9-21-18. Contracts exceeding maximum tax levy as misdemeanor--Personal liability of authorizing officer.
It is a Class 2 misdemeanor for the officers of any municipality, unless expressly authorized by law, to contract any debt or incur any pecuniary liability, for the payment of either the principal or interest, for which during the current year or any subsequent year it will be necessary to levy on the taxable property of such municipality a higher rate of tax than the maximum rate prescribed by law.
Every such contract shall be null and void in regard to any obligation thereby imposed on the municipality on behalf of which such contract purports to be made.
Every officer who makes or participates in making or authorizes the making of any such contract shall be held individually liable for its performance.
Every officer present when any such unlawful contract was made or authorized to be made shall be deemed to have made or to have participated in making or to have authorized the making of the same, as the case may be, unless he dissented therefrom and entered or caused to be entered such dissent on the records of such municipality.
Source:
SL 1897, ch 28, §140; RPolC 1903, §2243; RC 1919, §6957; SDC 1939, §45.1416; SL 1981, ch 43, §17.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-18.1 - Municipality authorized to enter into lease-purchase agreements.

9-21-18.1. Municipality authorized to enter into lease-purchase agreements.
The provisions of §9-21-18 or any other provision of law notwithstanding, any municipality may enter into a lease-purchase agreement for a term of years, not exceeding ten years for equipment and twenty years for an improvement to real property, for the purchase or lease by the municipality of real or personal property. Any lease-purchase agreement for a term exceeding one year requires the approval of more than sixty percent of the members-elect of the governing body of the municipality.
Source:
SL 1995, ch 37, §2; SL 2018, ch 52, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-19 - Annual tax levy included in appropriation ordinance--Apportionment among funds, bond interest, and debt service funds.

9-21-19. Annual tax levy included in appropriation ordinance--Apportionment among funds, bond interest, and debt service funds.
The annual appropriation ordinance of each municipality shall also contain the annual tax levy, which for all purposes except park purposes shall not exceed the limitations prescribed by law. It shall apportion among the various funds provided for therein the amount levied for general purposes and shall designate the amount to be applied upon each fund. It shall also specify the amount levied to pay the interest on each outstanding bond issue, and the amount levied for the purpose of each debt service fund established to pay the principal of each series of bonds when matured.
Source:
SL 1890, ch 37, art X, §7; RPolC 1903, §1229, subdiv 3; SL 1913, ch 119, §115; RC 1919, §6334; SL 1921, ch 295, §1; SDC 1939, §45.1402; SL 1953, ch 257; SDC Supp 1960, §45.1402 (2).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-20 - Certification of annual tax levy to county auditor.

9-21-20. Certification of annual tax levy to county auditor.
Immediately upon the passage and publication of the annual appropriation ordinance the auditor or clerk shall certify the tax levies therein made to the county auditor in the county in which the first or second class municipality is situated in the following form:
For general purposes ..........
For interest and debt service fund ..........
Source:
SL 1913, ch 119, §115; RC 1919, §6334; SL 1921, ch 295, §1; SDC 1939, §45.1402; SL 1953, ch 257; SDC Supp 1960, §45.1402 (5); SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-21 - Warrants limited by tax levy--Violation as misdemeanor--Removal of offender from office.

9-21-21. Warrants limited by tax levy--Violation as misdemeanor--Removal of offender from office.
No liability may be incurred against the municipality in excess of the total appropriation of the fund.
No liability may be incurred under any appropriation for which a warrant cannot be drawn as herein provided.
No member of the governing body may vote to incur a liability or to issue a warrant, nor may any mayor or finance officer sign, issue, or deliver any warrant, nor may any finance officer pay any warrant, issued in violation of the provisions of this section. A violation of this section is a Class 2 misdemeanor.
Upon conviction of a violation of this section the court in which such conviction is had may in its discretion enter an order removing the member of the governing body or other officer so convicted from his office.
Source:
SL 1890, ch 37, art XV, §3; RPolC 1903, §1246; SL 1913, ch 119, §119; SL 1915, ch 117, §1; RC 1919, §6342; SDC 1939, §§45.1414, 45.9902; SL 1976, ch 82; SL 1981, ch 43, §18; SL 1993, ch 72.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-22 - Maximum obligations under appropriation.

9-21-22. Maximum obligations under appropriation.
No obligation under any appropriation shall be incurred or warrant drawn in excess of seventy-five percent of the tax levy made for the fund provided for such appropriation for the current fiscal year and seventy-five percent of the cash in the treasury in such fund derived from sources other than such tax levy prior to the second Monday in May of each fiscal year, except under appropriation made exclusively for the purchase of land or buildings or the erection of buildings for the municipality.
Source:
SL 1890, ch 37, art VII, §3; RPolC 1903, §1246; SL 1913, ch 119, §120; SL 1915, ch 117, §2; RC 1919, §6343; SDC 1939, §45.1415.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-23 - Proration of expenditures under appropriation for more than one year.

9-21-23. Proration of expenditures under appropriation for more than one year.
In all cases where appropriations of money are authorized and made for periods longer than one year, the expenditure thereof in any one year shall never exceed the proportion which one year of time bears to the whole time, unless otherwise expressly provided.
Source:
SL 1890, ch 108, §1; RPolC 1903, §310; RC 1919, §6959; SDC 1939, §45.1417.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-24 - Highway taxes paid to municipal treasurer quarterly--Purposes for which expended.

9-21-24. Highway taxes paid to municipal treasurer quarterly--Purposes for which expended.
All highway taxes collected as personal taxes from residents of any municipality and all highway taxes collected on account of real or personal property situated within any municipality by the treasurer of the county in which such municipality is located, shall be turned over quarterly by such treasurer to the treasurer of such municipality to be expended under the direction of its governing body in the improvement of the streets, alleys, highways, or public grounds thereof.
This section shall not apply to taxes levied by the county and state.
Source:
SL 1887, ch 147, §1; CL 1887, §1167; RPolC 1903, §1534; RC 1919, §6524; SL 1919, ch 333, §67; SDC 1939, §45.1426.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-24.1 - Encumbrance of unexpended appropriations for obligations incurred but not paid.

9-21-24.1. Encumbrance of unexpended appropriations for obligations incurred but not paid.
The governing body may by resolution not later than its first meeting in February encumber that portion of unexpended appropriations from the prior year for which applicable obligations were incurred but were not paid. The resolution shall state the appropriation account and amount encumbered. The auditor, clerk, or finance officer shall keep a detailed listing by payee and amount supporting such amount shown in the resolution for examination at the time of audit.
Source:
SL 1971, ch 61; SL 1976, ch 74, §1; SL 1979, ch 56.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 21 - Tax Levies And Appropriations › Section 9-21-25 - Diversion of money belonging to funds prohibited.

9-21-25. Diversion of money belonging to funds prohibited.
Except as herein provided no money belonging to any fund shall ever be diverted to the use of any other fund, and no warrant shall be drawn upon any fund not properly chargeable to such fund.
Source:
SL 1913, ch 119, §118; RC 1919, §6341; SDC 1939, §45.1413; SL 1939, ch 187; SL 1955, ch 204; SL 1965, ch 213.